:SUPERFUND
DIRECTORY OF REGULATIONS
            (1987-1988)
        U. S. ENVIRONMENTAL PROTECTION AGENCY
        ..Offic^bf Solid Waste and Emergency Response
         "''   401 M Street, S.W.
            Washington, D.C. 20460

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                       STIPFRFTIND  REGULATIONS
1987

01/22/87
Proposed
01/27/87     Proposed
02/17/87




03/16/87

03/16/87


03/19/87




04/02/87

04/09/87



04/13/87




04/17/87


04/22/87




04/28/87
Final/Correction




Proposed

Proposed


Final
Final

Notice



Corrections




Proposed


Final




Final/Correction
Amendment to the National Oil and
Hazardous Substances Contingency Plan;
The "National Priorities List

Hazardous Chemical Reporting; Emergency
Planning and Community Right-to-Know
Programs

Hazardous Substances; Corrections
(Research and Special Programs
Administration, Department of
Transportation)

Reportable Quantity Adjustments

Reportable Quantity Adjustment-
Radionuclides

Reportable Quantity of Hazardous
Substances (Research and Special Programs
Administration, Department of
Transportation)

Water Programs; Discharge of Oil

Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste

Hazardous Waste Management System;
Burning of Waste Fuel and Used Oil Fuel in
Boilers and Industrial Furnaces; Technical
Corrections

Natural  Resource Damage Assessments
(Department of Interior)

Extremely Hazardous Substances List and
Threshold Planning Quantities; Emergency
Planning and Release Notification
Requirements

Extremely Hazardous Substances List and
Threshold Planning Quantities; Emergency
Planning and Release Notification
Requirements

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                       STJPERFUND  REGULATIONS
                                  (Continued)
1987 (Continued)
05/06/87


05/13/87


05/13/87


06/04/87


07/13/87



07/14/87




07/20/87


07/22/87


07/22/87


07/24/87
Correction


Correction


Proposed


Proposed


Proposed/Withdrawal

                  i

Proposed




Proposed


Final


Proposed


Corrections
09/03/87
Notice
  Burning of Hazardous Waste in Boilers and
  Industrial Furnaces

  Burning of Hazardous Waste in Boilers and
  Industrial Furnaces

  The National Priorities List-Listing Policy
  for Federal Facilities

  Toxic Chemical Release Reporting;
  Community Right-to-Know

  Withdrawal of Arbitration Procedures and
  Natural Resqurce Claims Procedures for the
  Hazardous Substance Superfund

  Hazardous Chemical Reporting: Emergency
  Planning and Community Right-to-Know
•  Programs; Public Meeting and Reopening of
  Comment Period

  Toxic Chemical Release Reporting
  Community Right-to-Know

  National Priorities List for Uncontrolled
  Hazardous Waste Sites

  National Priorities List for Uncontrolled
  Hazardous Waste Sites; Federal Facility Sites

  Ambient Air Monitoring Reference and
  Equivalent Methods

  Emergency Planning and Community Right-
  to-Know Program; Denial of Toxic
  Chemicals List Petition

  Renewal of Exemptions from Requirement of
  Tolerances

  National Priorities List (NPL) for
  Uncontrolled Hazardous Waste Sites;
  Deletion of Sites

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                        SIIPERFUND REGULATIONS
                                   (Continued)
 1987 (Continued)

 09/08/87     Final/Withdrawal



 10/15/87     Proposed
  10/15/87
  10/21/87
  10/27/87
  10/23/87
Final
Interim Final
Fact Sheet
Corrections
  11/23/87     Proposed
•>r 11/23/87
Notice
Withdrawal of Arbitration Procedures and
Natural Resource Claims Procedures for
Hazardous Substance Superfund

Trade Secret Claims for Emergency Planning
and Community Right-to-Know Information;
and Trade Secret Disclosures to Health
Professionals

Emergency and Hazardous Chemical
Inventory Forms and Community Right-to-
Know Reporting Requirements

Reimbursement to Local Governments for
Emergency Response to Hazardous
Substance Releases

Reimbursement to Local Governments for
Emergency Response to Hazardous
Substance Releases

Toxic Chemical Release Reporting;
Community Right-to-Know (June 4)

Certain Chemical Premanufacture Notices
(October 9)

Initiation of Special Review; Oxydemeton-
Methyl (October 5)

Toxic and Hazardous Substances; Certain
Chemicals Premanufacture Notices
(Septe/mber 25)

Approval and Promulgation of
Implementation Plans; State of Missouri;
Stack Heights

Extremely Hazardous Substances List;
Bacitracin
  12/17/87
Final
Extremely Hazardous Substances List

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                       SUPERFUND  REGULATIONS
                                  (Continued)
1988
01/13/88     Proposed                  Reporting Hazardous Substance Activity
                                       When Transferring Federal Real Property

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                       SIIPERFUND  REGULATIONS
                               Index  Bv Title
1987
Ambient Air Monitoring Reference and Equivalent Methods              07/24/87
Amendment to the National Oil and Hazardous Substances Contingency
Plan; The National Priorities List                                    01/22/87
Approval and Promulgation of Implementation Plans; State of Missouri; Stack Heights
                                                                11/23/87
Burning of Hazardous Waste in Boilers and Industrial Furnaces          05/06/87
Burning of Hazardous Waste in Boilers and Industrial Furnaces          05/13/87
Certain Chemical Premanufacture Notices (October 9)                  10/23/87
Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know
Reporting Requirements                                           10/15/87
Emergency Planning and Community Right-to-Know Program; Denial of Toxic Chemicals
List Petition                                                     07/24/87
Extremely Hazardous Substances List and Threshold Planning Quantities; Emergency
Planning and Release Notification Requirements                       04/22/87
Extremely Hazardous Substances List and Threshold Planning Quantities; Emergency
Planning and Release Notification Requirements                       04/28/87
Extremely Hazardous Substances List; Bacitracin                      11/23/87
Extremely Hazardous Substances List                                12/17/87
Hazardous Chemical Reporting; Emergency Planning and Community Right-to-Know
Programs                                                       01/27/87
Hazardous Chemical Reporting: Emergency Planning and Community Right-to-Know
Programs; Public Meeting and Reopening of Comment Period           07/14/87
Hazardous Substances; Corrections (Research and Special Programs Administration,
Department of Transportation)                                      02/17/87
Hazardous Waste Management System; Burning of Waste Fuel and Used Oil Fuel in
Boilers and Industrial Furnaces; Technical Corrections                  04/13/87
Hazardous Waste Management System; Identification and Listing of Hazardous Waste
                                                                04/09/87
Initiation of Special Review; Oxydemeton-Methyl (October 5)             10/23/87
National Priorities List-Listing Policy for Federal Facilities              05/13/87

                                       1

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                       SIIPERFUND
                                Index  Bv Title
                                  (Continued)
National Priorities List for Uncontrolled Hazardous Waste Sites           07/22/87
National Priorities List for Uncontrolled Hazardous Waste Sites; Federal Facility Sites
                                                                 07/22/87
National Priorities List (NPL) for Uncontrolled Hazardous Waste Sites; Deletion of Sites
                                                                 09/03/87
Natural Resource Damage Assessments (Department of Interior)          04/17/87
Renewal of Exemptions from Requirement of Tolerances                07/24/87
Reportable Quantity Adjustments                                    03/16/87
Reportable Quantity Adjustment-Radionuclides                        03/16/87
Reportable Quantity of Hazardous Substances (Research and Special Programs
Administration, Department of Transportation)                        03/19/87
Reimbursement to Local Governments for Emergency Response to Hazardous Substance
Releases                                                          10/21/87
Reimbursement to Local Governments for Emergency Response to Hazardous Substance
Releases                                                          10/27/87
Toxic and Hazardous Substances; Certain Chemicals Premanufacture Notices
(September 25)                                                   10/23/87
Toxic Chemical Release Reporting; Community Right-to-Know          06/04/87
Toxic Chemical Release Reporting Community Right-to-Know           07/20/87
Toxic Chemical Release Reporting; Community Right-to-Know (June 4)   10/23/87
Trade Secret Claims for Emergency Planning and Community Right-to-Know Information;
and Trade Secret Disclosures to Health Professionals                   10/15/87
Water Programs; Discharge of Oil                                   04/02/87
Withdrawal of Arbitration Procedures and Natural Resource Claims Procedures for the
Hazardous Substance Superfund                                    07/13/87
Withdrawal of Arbitration Procedures and Natural Resource Claims Procedures for
Hazardous Substance Superfund                                    09/08/87

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                      SIIPERFUND  REGULATIONS
                               Index Bv  Title
                                 (Continued)
1988
Reporting Hazardous Substance Activity When Transferring Federal Real Property
  ^                                                           01/13/88

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Thursday
January 22, 1987
Part III



Environmental

Protection Agency

40 CFR Part 300
Amendment to National Oil and
Hazardous Substances Contingency Plan;
the National Priorities List; Proposed
Rule

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   2492
Federal  Register
                                      Vol. 52. No  14  / Thursday. January  22. 1987 / Proposed Rules
  ENVIRONMENTAL PROTECTION
  AGENCY

 . 40 CFR Part 300

  (SW-FRL-3144-6)

  Amendment to National OH and
  Hazardous Substances Contingency
  Plan; the National Priorities List

  AGENCY: Environmental Protection
  Agency.
  ACTION: Proposed rule.

  SUMMARY: The Environmental Protection
  Agency ("EPA")  is proposing the sixth
  update to the National Priorities List
  ("NPL"). This update contains 64 sites.
  The NPL is Appendix B to the National
  Oil and Hazardous Substances
  Contingency Plan ("NCP"). which-EPA
  promulgated pursuant to section 105 of
  the Comprehensive Environmental
  Response. Compensation, and Liability
  Act of 1980 ("CERCLA") and Executive
  Order 12316. CERCLA requires that the
  NPL be revised at least annually.
  Today's notice proposes the sixth major
  revision to the NPL.
   These sites are being proposed
  because they meet the eligibility
 requirements of the NPL. EPA has
 included on the NPL releases and
 threatened releases of designated
 hazardous substances, as well as
 "pollutants or contaminants" which may
 present an imminent and substantial
 danger to the public health or welfare.
 This notice provides the public with an
 opportunity to comment on placing these
 sites on the NPL.
 DATES: Comments must be submitted on
 or before March 23.1987.
 ADDRESSES: Comments may be mailed
 to Russet H. Wyer. Director. Hazardous
 Site Control Division (Attn: NPL Staff).
 Office of Emergency and Remedial
 Response (WH-548E), Environmental
 Protection Agency. 401 M Street SW..
 Washington. DC 20460. Addresses for
 the Headquarters  and Regional dockets
 are provided below. For further details
 on what these dockets contain, see  the
 Public Comment Section. Section IV. of
 the SUPPLEMENTARY INFORMATION
 portion of this preamble.
 Denise Sines.  Headquarters. U.S. EPA
  CERCLA Docket Office. Waterside
  Mall Subbasement. 401 M Street SW..
  Washington. DC 20460. 202/382-3046
 Peg Nelson. Region 1. U.S. EPA Library.
  Room  E121. John F. Kennedy Federal
  Bldg.. Boston. MA 02203. 617/223-5791
Carole Petersen. Region 2. U.S. EPA. Site
  Investigation & Compliance Branch. 26
  Federal Plaza. 7th Floor. Room 737.
  New York. NY 10278. 212/264-8677
Diane McCreary. Region 3, U.S. EPA
  Library. 5th  Floor. 841 Chestnut Bldg..
                           9th & Chestnut Streets. Philadelphia.
                           PA 19107. 215/597-0580
                         Gayle Alston. Region 4. U S. EPA
                           Library. Room C-6. 345 Courtland
                           Street NE.. Atlanta GA 30365.404/
                           347-4216
                         Jeanne Griffin. Region 5. U.S. EPA. 230
                           South  Dearborn Street. Chicago. IL
                           60604. 312/888-3007
                         Barry Nash. Region 6. U.S. EPA.
                           InterFirst II Bldg.. 1201 Elm Street
                           Dallas. TX 75270. 214/767-4075
                         Connie McKenzie. Region 7. U.S. EPA
                           Library. 728 Minnesota Avenue.
                           Kansas City. KS 66101. 913/236-2828
                         Dolores Eddy. Region 8. U.S.  EPA
                           Library. 999 18th Street. Suite 1300.
                           Denver. CO 80202-2413. 303/293-1444
                         Jean Circiello. Region 9. U.S. EPA
                           Library. 6th Floor. 215 Fremont Street
                           San Francisco. CA 94105.415/974-
                           8076
                        Joan Shafer. Region 10. U.S. EPA. llth
                           Floor. 1200 6th Avenue. Mail Stop 525.
                           Seattle. WA 98101. 206/442-4903
                        FOR FURTHER  INFORMATION CONTACT:
                        Ann P. Sarno. Hazardous Site Control
                        Division. Office of Emergency and
                        Remedial Response (WH-548E).
                        Environmental Protection Agency. 401 M
                        Street SW.. Washington. DC 20460.
                        Phone (800) 424-6346 (or 382-3000 in the
                        Washington. DC. metropolitan area).
                        SUPPLEMENTARY INFORMATION:
                        Table of Content!
                        I  Introduction
                        II  Purpose of the NPL
                        III  NPL Update Process
                        IV  Public Comment Penod
                        V  Eligibility
                        VI  Contents of the Proposed Sixth NPL
                           Update
                        VII  Regulatory Impact Analysis
                        VIII Regulatory Flexibility Act Analysis
                        I. Introduction

                         In 1980. Congress enacted the
                        Comprehensive Environmental
                        Response. Compensation, and Liability
                        Act. 42 U.S.C. section 9601. et seg.
                        ("CERCLA" or "the Act") in response to
                        the dangers of uncontrolled hazardous
                        waste sites. To implement CERCLA.
                        EPA promulgated the revised National
                        Oil and Hazardous Substances
                        Contingency Plan. 40 CFR Part 300. on
                        July 16.1983 (47 FR 31180). pursuant to
                        section 105 of CERCLA and Executive
                        Order 12316 (46 FR 42237. August  20,
                        1981). The National Contingency Plan
                        ("NCP"). further revised by EPA on
                        September 16.1985 (50 FR 37624) and
                       November 20.1985 (50 FR 47912). sets
                       forth the guidelines and procedures
                       needed to respond to releases  and
                       threatened releases of hazardous
                       substances, pollutants, or contaminants
                       under CERCLA.
    Section 105(8)(A) of CERCLA requires
  that the NCP include cntena for
  determining priorities among releases or
  •threatened releases for the purpose of
  taking remedial or removal action.
  Removal action involves cleanup or
  other actions that are taken in response
  to emergency conditions or on a short-
  term or temporary basis (CERCLA
  section 101(23)). Remedial action tends
  to be long-tern in nature and involves
  response actions which are consistent
  with a permanent remedy for a release
  (CERCLA section 101(24)). These criteria
  are included in Appendix A of the NCP.
  Uncontrolled Hazardous Waste Site
  Ranking System: A User's Manual (the
  "Hazard Ranking System" or "HRS") [47
  FR 31219. July 16.1982).
   Section 10S(8)(B) of CERCLA requires
  that the statutory cntena descnbed in
  the HRS be used to prepare a list of
 national pnonties among the known
 releases or threatened releases
 throughout the United States. The list.
 which is Appendix B of the NCP. is the
 National Pnorities List ("NPL").
   Today, in this notice. EPA is
 proposing to add 64 sites to the NPL.
 bringing the number of proposed sites to
 248. > The final NPL contains 703 sites.
 EPA is proposing to include on the NPL
 sites at which there are or have been
 releases or threatened releases of
 hazardous substances, or of "pollutants
 or contaminants." The discussion below
 may refer to "releases or threatened
 releases" simply as "releases."
 "facilities." or "sites".

 0. Purpose of the NPL

   The primary purpose of the NPL is
 stated in the legislative history of
 CERCLA (Report of the Committee on
 Environment and Public Works. Senate
 Report No. 98-848. 96th Cong.. 2d Sess.
 60 (1980)):
  The priority lists serve primarily
 informational purposes, identifying for the
 States and the public those facilities and sites
 or other releases which appear to warrant
 remedial actions. Inclusion of a facility or site
 on the list does not in mself reflect a
 judgment of the activities of its owner or
 operator, it does not require those persons to
 undertake any action, nor does it assign
 liability to any person. Subsequent
government action in the form of remedial
actions or enforcement actions will be
necessary in order to do so. and these actions
will be attended by all appropriate
procedural safeguards.
  1 The total number of prapoied aitei reflect* the
removal of Silver Creek Tailing! sue from proposed
tlinu. u required by the Superfund Amendment!
end Reeurhonzation Act of 1986 (lection 118(p)l.
effective October 17.1988

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                Federal Register  / Vol  52.  No. 14  /  Thursday  January  22.
                                        1967  /  Proposed Rules
                                                                                                                2493
   The primary purpose of the NPL.
 therefore, is to serve as an informational
 tool for use by EPA in identifying sites
 that appear to present a significant risk
 to public health or the environment. The
 initial identification of a site for the NPL
 is intended primarily  to guide EPA in
 determining which sites warrant further
 investigation, to assess the nature and
 extent of the public health and
 environmental risks associated with the
 site, and to determine what CERCLA-
 financed remedial action(s). if any. may
 be appropriate. Inclusion of a site on the
 NPL does not establish that EPA
 necessarily will undertake remedial
 actions. Moreover, listing does not
 require any action of any private party.
 nor does it determine  the liability of any
 party  for the cost of cleanup at the site.
 In addition, a site need not be on the
 NPL to be the subject  of CERCLA-
 financed removal actions, remedial
 investigations/feasibility studies, or
 actions brought pursuant to sections 106
 orl07(a)|4)(B)ofCERCLA.
   In addition, although die HRS scores
 used to place sites on  the NPL may be
 helpful to the Agency in determining
 pnonties for cleanup and other response
 activities. EPA does not rely on the
 scores as the sole means of determining
 such pnonties. The information
 collected to develop HRS scores is not
 sufficient in itself to determine the
 appropriate remedy for a particular site.
 EPA relies on further, more detailed
 studies to determine what response, if
 any. is appropriate. These studies will
 take into account the extent and
 magnitude of the contaminants in the
 environment, the risk to affected
 populations, the cost to correct problems
 at the site, and the response actions that
 have been taken by potentially
 responsible parties or others. Decisions
 on the  type and extent of action to be
 taken at these sites are made in
 accordance with the criteria contained
 in Subpart F of the NCP. After
 conducting these additional studies.
 EPA may conclude that it is not
 desirable to conduct response action at
 some sites on the NPL  because of more
 pressing needs at other sites, or because
 an enforcement action  may instigate or
 force private-party cleanup. Given the
 limited resources available in the
 Hazardous Substance Response Trust
 Fund established under CERCLA. the
 Agency must carefully  balance the
 relative needs for response at the
 numerous sites it has studied. It is also
possible that EPA will conclude after
further analysis that the site does not
warrant response action.
 III. NPL Update Process

   There are three mechanisms for
 placing sites on the NPL. The principal
 mechanism is the application of the
 HRS. The HRS serves as a screening
 device to evaluate the relative potential
 of uncontrolled hazardous substances to
 cause human health or safety problems.
 or ecological or environmental damage.
 The HRS takes into account "pathways"
 to human or environmental exposure in
 terms of numencal scores. Those sites
 that score 28.50 or greater on the HRS. -
 and which are otherwise eligible, are
 proposed for listing.
   The Superfund Amendments and
 Reauthonzation Act (SARA), enacted on
 October 17.1986. directs EPA to revise
 the  HRS. The Agency will continue to
 use the existing HRS until the revised
 HRS becomes effective. Sites proposed
 for.  or included on. the NPL prior to the
 effective date of the revised HRS will
 not  be reevaluated.
   In addition. States may designate a
 single site as the State top priority. In
 rare instances. EPA may utilize the
 listing provision promulgated as
 S 300.66(b)(4) of the NCP (50 FR 37624.
 September 16.1985).
   Section 300.66(b)(4) of the NCP allows
 certain sites with HRS scores below
 28.50 to be eligible for the NPL. These
 sites may qualify for the NPL if all of the
 following occur
  • The Agency for Toxic Substances and
 Disease Registry of the U.S. Department of
 Health and Human Services has issued a
 health advisory which recommends
 dissociation of individuals from the release.
  • EPA determines that the release poses a
 significant threat to public health.
  • EPA anticipates that it will be more cost-
 effective to use its remedial authority than to
 use its removal authonty to respond to the
 release.

  States have the primary responsibility
 for identifying sites, computing HRS
 scores, and submitting candidate sites to
 the EPA Regional Offices. EPA Regional
 Offices conduct a quality control review
 of the States' candidate sites, and may
 assist in investigating, monitoring, and
 scoring sites. Regional Offices may
 consider candidate sites  in addition to
 those submitted by States.  EPA
 Headquarters conducts further quality
 assurance audits to ensure accuracy and
 consistency among the various EPA and
 State offices participating in the scoring.
The Agency then proposes the new sites
 that  meet the criteria for  listing and
solicits public comments on the
 proposal. Based on these comments and
 further EPA review, the Agency
determines final scores and promulgates
those sites that still qualify for listing.
   An original NPL of 406 sites was
 promulgated on September 8.1983 (48
 FR 40658). The NPL has since been
 expanded (see 49 FR 19480. May 8.1984.
 49 FR 37070. September 21.1984". 50 FR
 6320. February 14.1985: 50 FR 37630.
 September 16.1985: and  51 FR 21054.
 June 10.1986) On March 7.1986 (51 FR
 7935). EPA published a notice to delete
 eight sites from the NPL. As of June 10.
 1986. the number of final NPL sites was
 703. Another 184 sites from previous
 updates remain proposed for the NPL
 (see 49 FR 40320. October 15.1984: 50 FR
 14115. April 10.1985: 50 FR 37950.
 September 18.1985: and 51 FR 21099.
 June  10.1986). With the 64 sites in
 proposed Update *6. 248 sites are now
 proposed for the NPL

 IV. Public Comment  Period

   This Federal Register notice proposing
 sites  for NPL Update «6 opens the
 formal eo^day comment penod.
 Comments may be mailed to Russel H.
 Wyer. Director. Hazardous Site Control
 Division (Attn: NPL staff). Office of
 Emergency and Remedial Response
 (WH-548E). Environmental Protection
 Agency. 401 M Street. SW.. Washington.
 DC 20460.
   The "ADDRESSES" portion of this
 notice contains information on where to
 obtain documents relating to the sconng
 of these proposed sites. Documents
 providing EPA's justification for
 proposing these sites are  available to
 the public in both the Headquarters
 public docket and in the appropriate
 Regional Office's  public docket.
   The Headquarters public docket for
 NPL Update =6 contains: HRS score
 sheets for each proposed  site: a
 Documentation Record for each  site
 describing the technical rationale for the
 HRS scores: and a list of reference
 documents. The Headquarters public
 docket is located in EPA Headquarters.
 Waterside Mall Subbasement. 401  M
 Street SW.. Washington. DC 20460. and
 is  available for viewing by appointment
 only from 9:00 a.m. to 4:00 p.m.. Monday
 through Friday excluding  holidays.
 Requests for copies of the HRS
 documents may be directed to the EPA
 Headquarters docket  office.
  The Regional public dockets contain
 HRS score sheets. Documentation
 Records, and a list of reference
 documents for each site in that Region
These Regional dockets also contain
documents referenced in the
 Documentation Record which contain
 the data EPA relied upon in calculating
or  evaluating the HRS scores. The
reference documents are available  only
in  the  Regional public dockets. These
reference documents may be viewed in

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  2494
Federal  Register / Vol  52. No  14  /  Thursday. January 22. 1987 / Proposed  Rules
  the appropriate Regional Office, and
  requests for copies of them may be
  directed to the appropriate Regional
  Superfund Branch Office Documents
  with some relevance to the scoring of
  each site, but which were not used as
  references, are also available only in the
  appropriate EPA Regional office, and
  may be viewed and copied by
  arrangement with that office  An
  informal written request, rather than a
  formal request, should be the ordinary
  procedure for obtaining copies of any of
  these documents.
   EPA considers all comments received
  during this formal comment period.
  Comments received are placed into the
  Headquarters docket and. during the
 comment period, are available to the
 public only in the Headquarters docket.
 A complete set of comments pertaining
 to sites in a particular EPA Region will
 be available for viewing in the Regional
 Office docket approximately one week
 following the close of the formal
 comment penod. Comments received
 after the close of the comment penod
 will be available in the Headquarters
 docket and in the appropnate Regional
 Office docket on an "as received" basis.
 An informal written request, rather than
 a formal request, should be the ordinary
 procedure for obtaining copies of these
 comments. After considering the
 relevant comments received during the
 comment penod. EPA will add to the
 NPL all proposed sites that meet EPA's
 criteria for listing. In past NPL
 rulemakings. EPA has considered
 comments received after the close of the
 comment penod. However, with the
 increased frequency of NPL
 rulemakings. EPA may no longer be able
 to consider late comments.
 V. Eligibility

  CERCLA restricts EPA's authority to
 respond to certain categories of releases
 and expressly excludes some
 substances from the definition of
 release. In addition, as a matter of
 policy. EPA may choose not to use
 CERCLA to respond to certain types of
 releases because other authorities can
 be used to achieve cleanup of these
 releases. Preambles to  previous NPL
 rulemakings have discussed examples of
 these policies. (See. e.g., 48 FR 40658
 (September 8.1983): 49 FR 37070
 (September 21.1984): 49 FR 40320
 (October 15.1984): and 51 FR 21058 (June
 10.1988).) Sites proposed for the NPL in
 this update meet these  past eligibility
 policies. The policies regarding Federal
 facilities and Resource Conservation
and Recovery Act (RCRA) sites are
relevant to this update  and are
discussed below.
                         Federal Facility Releases
                           CERCLA as amended by section
                         I20(a) of SARA, requires that Federal
                         facilities be subject to. and comply with.
                         the Act in the same manner as any non-
                         governmental entity In addition, listing
                         Federal facilities is consistent with the
                         NPL's purpose of providing information
                         to the public with respect to sites that
                         present potential hazards. CERCLA
                         section  lll(e)(3). however, prohibits use
                         of the Trust Fund for remedial actions at
                         Federally-owned facilities.
                          For Update -6. the Agency is
                         proposing one Federal facility (listed in
                         Table 2) and requests comments on the
                         sconng of this site. As of today. EPA has
                         proposed 48 Federal facilities for the
                         NPL

                        Releases from Resource Conservation
                        and Recovery Act (RCRA) Sites
                          On  June 10.1988 (51 FR 21057). EPA
                        announced components of a final policy
                        for placing sites on the NPL that are
                        subject to the corrective action
                        requirements of Subtitle C of RCRA. At
                        the same time, the Agency requested
                        comment on several proposed
                        components of the RCRA/NPL policy (51
                        FR 21109). Under the final policy, sites
                        not subject to RCRA Subtitle C
                        corrective action requirements will
                        remain eligible for the NPL Examples of
                        NPL-eligible sites include:
                          • Facilities that ceased treating, storing, or
                        disposing of hazardous wastes pnor to
                        November 19.1980 (the effective date of
                        Phase I of the Subtitle C reflations).
                          • Sites at which only materials exempted
                        from the statutory or regulatory definition of
                        solid waste or hazardous waste are managed.
                          • Hazardous waste generators or
                        transporters not required to have Interim
                        Status or a final RCRA permit
                          Sites with releases that can be
                        addressed under the RCRA Subtitle C
                        corrective action authonties generally
                        will not be placed on the NPL However.
                        RCRA sites may be listed if they meet
                        all of the other criteria for listing (e.g..
                        an MRS score of 28.50 or greater), and if
                        they fall  within one of the following
                        categories:
                          (1) Facilities owned by persons who
                        are bankrupt.
                          (2) Facilities that have lost
                        authorization to operate, and for which
                        there are additional indications that the
                        owner or operator will be unwilling to
                        undertake corrective action.
                          (3) Sites, analyzed on a case-by-case
                        basis, whose owners or operators have
                        shown an unwillingness  to undertake
                        corrective action.
                          EPA is reviewing comments submitted
                        in response to the proposed components
                        of the RCRA policy and is in  the  process
 of developing a complete final RCRA
 policy. However, based on the
 application of the final components of
 the RCRA/NPL policy announced on
 June 10.1986 (51 FR 21057). EPA is
 proposing four RCRA sites for the NPL.
 Three of these sites are bankrupt.
   •  Parsons Casket Hardware Co..
 Belvidere, Illinois
   •  Allied Plating. Inc.. Portland.
 Oregon
   •  Palmetto Recycling. Inc.. Columbia.
 South Carolina
   EPA has determined that a fourth
 RCRA facility is eligible for the NPL
 because it has lost its RCRA
 authonzation to operate and appears
 unwilling to undertake corrective action.
 This site is:
   • Chem-Solv. Inc.. Cheswold.
 Delaware
   Chem-Solv lost authorization to
 operate in August 1985 when  the State
 of Delaware denied its RCRA storage
 permit. In 1984 and 1985 the State issued
 two orders requmng Chem-Solv to begin
 remedial action at the site in order to
 address imminent hazards. Chem-Solv
 has refused to comply with these orders:
 the company has stated that it is
 financially unable to perfopn remedial
 action.
   Documents supporting the decisions
 for these RCRA-related sites are
 contained in the appropnate Regional
 dockets and are available for public
 review.

 VI. Contents of the Proposed Sixth NPL
 Update
   All sites in today's proposed addition
 to the NPL received HRS scores of 28.50
 or above.
   Following this preamble is a list of the
 64 sites proposed for addition to the NPL
 (Table 1 and 2). Each entry on the list
 contains the name of the facility, the
 State and city or county in which it is
 located, and the corresponding EPA
 Region. Each proposed site is  placed by
 score in a group corresponding to groups
 of 50 sites presented within the final
 NPL For example, sites in Group 6 of
 the proposed update have scores that
 fall within the range of scores covered
 by the eighth group of 50 sites on the
 final NPL Each entry is accompanied by
one or more notations reflecting the
status of response and cleanup activities
at the site  at the time this list was
prepared. Because this information may
change periodically, these notations
may become outdated.
  Five response categories are used to
designate the type of response
underway. One or more categones may
apply to each site. The categones are:
Federal and/or State response (R).

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               Federal Register /  V'ol  52 No. 14 / Thursday.  |dnudr\  22  1987  /  Proposed Rules
                                                                        2495
Federal enforcement (F). State
enforcement (S). Voluntary or
negotiated response (V). and Categorv
to be determined (D)
  EPA also indicates the status of
significant Fund-financed or private-
party cleanup activities underway or
completed at proposed and final NPL
sites There are three cleanup status
codes, only one code is necessary to
designate the status of cleanup activities
at each site since the codes are mutually
exclusive. The codes are:
Implementation activities are underway
for one or more operable units (I).
Implementation activities are completed
for one or more (but not all) operable
units, but additional site cleanup actions
are necessary (O). and Implementation
activities are completed for all operable
units (C).
  These categones and codes are
explained in detail in earlier
rulemakings. the most recent on June 10.
1986 (51 FR 21075).
VII. Regulatory Impact Analysis
  The  costs of cleanup actions  that may
be taken at sites are not directly
attnbutable to listing on the NPL. as
explained below. Therefore, the Agency
has determined that this rulemakmg.is
not a "major" regulation under
Executive Order 12291. EPA has
conducted a preliminary analysis of the
economic implications of today's
proposal to add new sites. EPA believes
that the kinds of economic effect*  '  _ ..
associated with this revision are
generally similar to those identified in
the regulatory impact analysis (RLA)
prepared in 1982 for the revisions to the
NCP pursuant to section 105 of CERCLA
(47 FR 31180. luly 16.1982) and the
economic analysis prepared when the
amendments to the NCP were proposed
(50 FR 5882. February 12.1985). The
Agency believes the anticipated
economic effects related to proposing
the addition of these sites to the NPL
can be characterized in terms of the
conclusions of the  earlier RIA and the
most recent economic analysis.

Costs
  EPA has determined that this
proposed rulemaking is not a "major"
regulation under Executive Order 12291
because inclusion  of a site on the NPL
does not itself impose any costs. It does
not establish that EPA will necessarily
undertake remedial action, nor does it
require any action by a private party or
determine its liability for site response
costs. Costs that arise out of site
responses result from site-by-site
decisions about what actions to take.
not directly from the act of listing itself.
 Nonetheless, it is useful to consider the
costs associated with responding to all
sites included in a proposed rulemaking
This action was submitted to the Office
of Management and Budget for review
  The maior events that generally
follow the proposed listing of a site on
the NPL are a search for responsible
parties and a remedial investigation/
feasibility study (RI/FS) to determine if
remedial actions will be undertaken at a
site Design and construction of the
selected remedial alternative follow
completion of the Rl/FS. and operation
and maintenance (O&M) activities may
continue after construction has been
completed.
  Costs associated with responsible
party searches are initially borne by
EPA. Responsible parties may bear
some or all the  costs of the RI/FS,
design and construction, and O&M. or
the costs may be shared by EPA and the
States.
  The State cost share for cleanup
activities has been amended by section
104 of SARA. For pnvately-owned sites.
EPA will pay for 100% of the costs of the
RI/FS and remedial planning, and 90%
of the costs associated with remedial
action. The State will be responsible for
10% of the remedial action. Similarly, at
publicly-owned but not publicly-
opmatad sites,  the cost share for
remedial action is 90%:10%. At publicly-
operated sites,  however, the State cost
share is at least 50% of all response
costs. This includes the RI/FS. remedial
Ideslgrgand construction; an? O&&C   ": •"
   Wltf regard to O&M Tor cleanup
activities other than ground water or
surface water. EPA will share, for up to
1 year, in the cost of that portion of
O&M that is necessary to assure that a
remedy la operational and functional.
After that time, the State assumes full
responsibility for O&M. SARA provides
that EPA will share in the operational
cost associated with ground water/
surface water restoration for up to 10
years.
   In previous NPL rulemakings. the
Agency has provided estimates of the
costs associated with these activities
 (RI/FS. remedial design, remedial
 action, and O&M) on an average per-site
 and total cost basis. At this time.
 however, there is insufficient
 information to determine what these
 costs will be as a result of the new
 requirements under SARA. Until such
 information is  available, the Agency will
 provide  cost estimates based on
 CERCLA prior to enactment of SARA:
 these estimates are presented below.
 EPA is unable  to predict what portions
 of the total costs will be borne by
 responsible parties, since the
 distribution of costs depends on the
 extent of voluntary and negotiated
response and the success of arn cost-
recovery actions
       Cost category
Average
total cost
per site'
RI/FS                         S875.000
Remedial design                  850 000
Remedial action             .  ' 8 600.000
Net present value of O&M 3    ,  * 3.770 000

  1 1986 US Dollars.
  ' includes State cost-share
  3 Assumes cost of O&M over 30 years
5400.000 lor the first year and 10% discount
rate
  SOURCE "Extent of the Hazardous Release
Problem and Future Funding Needs-CERCLA
section 30Ka)(i)(c) Study". December 1984.
Office of  Solid Waste and Emergency Re-
sponse. U S EPA

  Costs to States associated with
today's proposed amendment  anse from
the required State cost-share of (l) 10%
of remedial action and 10% of first-year
O&M costs at privately-owned sites and
sites which are publicly-owned but not
publicly-operated, and (2) at least 50% of
the remedial  planning (RI/FS  and
remedial design), remedial action, and
first-year O&M costs at publicly
operated sites. States will assume the
cost for O&M after the first year Using
the assumptions developed in the 1982
RIA for the NCP. EPA has assumed that
90% ofiheJQ non-Federal sites proposed
to be added to the NPL in this
amendment will be pnvately-owned and
10% will be State- or locally-operated.
Therefore, using the budget prelections
presented above, the cost to States of
undertaking Federal remedial actions at
all 63 non-Federal sites would be
approximately S294 million, of which
approximately S205 million is
attributable to the State O&M cost. As a
result of the changes to State  cost share
under SARA, however, the Agency
believes that State O&M costs may
actually decrease. When new cost
information is available, it will be
presented in future rulemakings.
   Listing a hazardous waste site on the
final NPL does not itself cause firms
responsible for the site to bear costs.
Nonetheless, a listing may induce firms
 to clean up the site voluntarily, or it may
 act  as a potential tngger for subsequent
 enforcement or cost-recovery actions.
 Such actions may impose costs on firms.
 but the decisions to take such actions
 are discretionary and made on a case-
 by-case basis. Consequently, precise
 estimates of these effects cannot be
 made. EPA does not believe that every
 site will be cleaned up by a responsible
 party. EPA cannot project at  this lime

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  2496
Federal  Register /  Vp|  52. No. 14 / Thursday.  January 22. 1987  /  Proposed Rules
  which firms or industry sectors will bear
  specific portions of response costs, but
  the Agency considers: the volume and
  nature of the wastes at the site, the
  parties' ability to pay. and other factors
  when deciding whether and how to
  proceed against potentially responsible
  parties.
    Economy-wide effects of this
  proposed amendment are aggregations
  of effects on firms and State and local
  governments. Although effects could be
  felt  by some individual firms and States.
  the total impact of this revision on
  output, prices, and employment is
  expected to be negligible at the national
  level, as was the case in the 1982 RIA.
  Benefits

   The Benefits associated with today's
  proposed  amendment to list additional
  sites are increased health and
 environmental protection as a result of
 increased public awareness of potential
 hazards. In addition to the potential for
 more Federally-financed remedial
 actions, this proposed expansion of the
 NPL could accelerate privately-financed.
 voluntary  cleanup efforts to avoid
 potential adverse publicity, private
 lawsuits, and/or Federal or State
 enforcement actions.
  As a result of additional NPL
 remedies,  there will be lower human
 exposure to high-risk chemicals, and
 higher-quality surface  water, ground
 water, soil, and air. These benefits are
 expected to be significant, although
 difficult to estimate in  advance of
 completing the RI/FS at these particular
 sites.
  Associated with the  costs or remedial
actions are significant potential benefits
and cost offsets. The distributional costs
                         to firms of financing NPL remedies have
                         corresponding "benefits" in that funds
                         expended for a response generate
                         employment, directly or indirectly
                         (through purchased materials).

                         VIII. Regulatory Flexibility Act Analysis
                           The Regulatory Flexibility Act of 1980
                         requires EPA to review the impacts of
                         this action on small entities, or certify
                         that the action will not have a
                         significant impact on a substantial
                         number of small entities. By small
                         entities, the Act refers to small
                         businesses, small governmental
                         jurisdictions, and nonprofit
                         organizations.
                          While proposed modifications to the
                         NPL are considered revisions to the
                         NCR they are not typical regulatory
                         changes since the revisions do not
                         automatically impose costs. Proposing
                        sites for the NPL does not in itself
                        require any action by any pnvate party.
                        nor does it determine the liability of any
                        party for the cost of cleanup at the site.
                        Further, no identifiable groups are
                        affected as a whole. As a consequence.
                        it is hard to predict impacts on any
                        group. A site's proposed inclusion on the
                        NPL could increase the likelihood that
                        adverse impacts to responsible parties
                        (in the form of cleanup costs) will occur.
                        but EPA cannot identify the potentially
                        affected businesses at this time nor
                        estimate the number of small businesses
                        that might be affected.
                         The Agency does expect that certain
                        industries and firms within industries
                        that have caused a proportionately high
                        percentage of waste site problems could
                        be significantly affected by CERCLA
                        actions. However. EPA does not expect
                        the impacts from the proposed listing of
  these sites to have a significant
  economic impact on a substantial
  number of small businesses.
    In any case, economic impacts would
  only occur through enforcement and
  cost-recovery actions, which are taken
  at EPA's discretion on a site-by-site
  basis. EPA considers many factors when
  determining what enforcement actions
  to take, including the firm's contribution
  to the problem and the firm's ability to
 pay. The impacts from cost recovery on
 small governments and nonprofit
 organizations would be determined on a
 similar case-by-case basis.

 List of Subjects in 40 CFR Part 300
   Air pollution control. Chemicals.
 Hazardous materials. Intergovernmental
 relations. Natural resources. Oil
 pollution. Reporting and recordkeepmg
 requirements. Superfund. Waste
 treatment and disposal. Water pollution
 control. Water supply.
  Dated: January IS. 1987.
 lack W. McCraw.
 Deputy Assistant Administrator. Office of
 Solid Waste and Emergency Response.

 PART300-{AMENbED]
 !
  It is proposed to amend 40 CFR Part
 300 as follows;
  1. The authority citation for Part 300
 continues to read as follows:
  Authority: 42 U.S.C. 9605{8)(B)/CERCLA
 lOS(B)lB).

  2. K is proposed to add the following
sites by Croup, to Appendix B of Part
300:
  Note.—In proposed rules, the number in the
left column corresponds to the Croup number
in Appendix B.

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                Federal Rpgister '  Vu! S2.  No  14 / Th-iisdcA  |.inurtr> 2J  'u..p
Category. SLACUS^
V R F S 0
D
D
D
D
b
V R ' o
D
D
D
D
R 0
R I
S I
D
D
D
D
R I
V S I
D I
D
D
S
R 0
D
R 0
D
V F
1: Sites are placed In groups (Cr) corresponding Co groups of SO
   on che final NPL
2: V - Voluntary or negotiated response
   F • Federal enforcement
   D - Category Co be determined
R - Federal and State response
S • State enforcement
3: 1 - Implementation activity underway, one or more operable units
   0 - One or more operable units completed; others may be underway
   C - Implementation activity completed for all operable units

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   2498

NPL
Crl
10
10
10
10
10
10
10
10
* A
10
10
11
11
11
11
12
12
12
12
13
13
13
13
13
13
13
14
14
14
14
14
14
14
14
14
Se Site Name*
GA Diamond Shamrock Corp Landfill
IN Mccarty's Bald Knob Landfill
lA DuEchEown TreatmenE Plant
PA Aladdin Plating
PA American Electronics Laboratories
PA Anetelc. Inc (Hunter Spring Dlv)
PA Gentle Cleaners/Granite Knitting
PA J.W Rex/Allied Paint/Keystone
PA Spra-Fin, Inc.
PA William Oick Lagoons
MO Kern -Pest Laboratories
NJ Cosden Chemical Coatings Corp
NJ Curclo Scrap Metal. Inc.
VA Dixie Caverns County Landfill
KS Obee Road
NC Carolina Transformer Co.
NY Islip Municipal Sanitary Landfill
VI Toman Fairgrounds
CA Mathls Bros Lf (S Marble Top Rd)
IL Stauffer Chen (Chic Heights Pint)
MI Ford Motor Co. (Sludge Lagoon)
OK Tenth Street Dump/ Junkyard
PA Paoll Rail Yards
VA Rentokll. Inc. (VA Wood Pres Dlv)
VI Toman Armory
AR Jacksonville Municipal Landfill
AR Rogers Road Municipal Landfill
MI Metal Working Shop
UN Rltari Post & Pole
MO Wheeling Disposal Service Co. Lf
KJ Horscmann's Dump-
PA Translcoll. Inc.
SC Palmetto Recycling. Inc.
TN Mallory Capacitor Co.
City/County
Cedartovn
!*£ Vernon
Ascension Parish
Scott Township
Montgomeryville
Hatfield
Souderton
Lansdale
North Wales
West Cain Township
Cape Clrardeau
Beverly
Saddle Brook Tvp
Salem
Hutchinron
Fayeteevllle
Islip
Tonah
Kensington
Chicago Heights
Ypsllanci
Oklahoma City
Paoll
Richmond
Toman
Jacksonville
Jacksonville
Lake Ann
Sebeka
Amazonia
East Hanover
Worcester
Columbia
Vaynesboro
=^= 	 -^ —
Response Cleanup
Gate gory 2 StatuSj
D
Q
£)
D
D
D
D
D

D
D
D
n
D

R F o
D
D
D
D
D
R F o
Vf
r
D
D
D"




D-

S O
• w
D
 Nuiiiber of Sites Proposed for Listing:  63
                                 National Priorities List.
                        Federal Proposed Update 6 Sites (by Croup)
                                      January 1987
  NPL
  Gr.   Sc  Site Name
                                              City/County
                                  Response    Cleanup
                                  Category2   Status.
 12   MN  Twin  Cities  Air Force  (SAR Lndfl)  Minneapolis


 Number of Federal  Site*  Proposed for Listing:    1
  °:
:
"—•
     D - Category to be determined
                                            • :
  3:  ft " ?"PleMr"cton -ctlvley underway, one or more operable units
     0 - One or more operable unit, completed; others may be underway
     C - Implementation activity completed for all operable units
'FK Doc. 87-1353 Filed 1-21-67: 8:45 am|
 «JJHO COM *MO-«0-C

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Tuesday
January 27, 1987
Part III



Environmental

Protection  Agency

40 CFR Part 370
Hazardous Chemical Reporting;
Emergency Planning and Community
Right-to-Know Programs; Proposed Rule

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2836
Federal Register / Vol. 52.  No. 17 / Tuesday. January 27.  1987 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 370
ISH H-FRL-3137-7]

Hazardous Chemical Reporting;
Emergency Planning and Community
Right-to-Know Programs

AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.	

SUMMARY: Section 312 of the Superfund
Amendments and Reauthorization Act
of 1986 (SARA), signed into law on
October 17.1986. requires the
Administrator to publish a uniform
format for emergency and hazardous
chemical inventory forms within three
months. Under sections 311 and 312 of
SARA, facilities required to prepare or
have available a material safety data
sheet (MSDS) under the Occupational
Safety and Health Act (OSHA) and its
implementing regulations must submit
the MSDS and the inventory forms to
local and State officials. These reporting
provisions provide public access to
information on hazardous chemicals
present in the local community for a
wide variety of uses including
emergency response and environmental
and public health planning priorities.
The purpose of this proposed rule is to
publish for comment the inventory forms
and propose regulations to implement
 the MSDS and inventory reporting
 requirements.
 DATES: Written comments should be
 submitted on or before March 30.1987.
   If this proposed rule is adopted as a
 final rule, effective dates relevant to the
 rule would include the following:
   1. Initial submission of material safety
 data sheets or alternative list: October
 17.1987.
   2. Initial submission of the inventory
 form containing Tier I information:
 March 1.1988.
 ADDRESSES: Comments: Written
 comments should be submitted in
 triplicate to Preparedness Staff.
 Superfund Docket Clerk. Attention:
 Docket Number 300PQ-IF, Superfund
 Docket Room Lower Garage. U.S.
 Environmental Protection Agency. Mail
 Stop WH-548D. 401 M Street. SW..
 Washington. DC 20460.
 FOR FURTHER INFORMATION CONTACT:
 Kathleen Brody. Program Analyst.
 Preparedness Staff. Office of Solid
 Waste and Emergency Response. WH-
 548. U.S. Environmental Protection
 Agency. 401 M Street. SW.. Washington.
 DC 20460. or the Chemical Emergency
 Preparedness Program Hotline at 1-800/
                        53S-0202: in Washington. DC at 1-202/
                        479-2449.
                        SUPPLEMENTARY INFORMATION: The
                        contents of today's preamble are listed
                        in the following outline:
                        I. Introduction
                          A. Statutory Authority
                          B. Background
                            1. Superfund Amendments and
                            Reauthonzation Act of 1986 (SARA).
                            2. Title III
                            3. Subtitle B
                            4. Section 311
                            5. Section 312
                        II. Analysis of the Proposed Rule and Forms
                          A. Reporting Requirements under Sections
                            311 and 312
                            1. Reporting obligation
                            2. Program scope
                              a. Definition of key terms and
                            exclusions
                              b. Threshold levels for reporting
                            3. Categones for reporting
                            4. Relationship of final fonn to Section
                            312(g)
                           B. Format of Forms
                           C. General Solicitation of Public Comment
                         III Relationship to Other EPA Program*
                           A. Other Title III Programs
                            1. Subtitle A—Emergency Planning
                            2. Subtitle B—Section 313 Toxic
                            Chemical Release Inventory
                            3- Trade Secret*
                           B. CERCLA Programs
                            1. CERCLA Reporting Requirements
                            Z. National Contingency Plan
                         IV. Regulatory Analyses
                           A. Regulatory Impact Analysis
                           B. Regulatory Flexibility Act
                           C. Paperwork Reduction Act
                         V. Supporting Information
                           A. List of Subjects

                         I. Introduction

                         A. Statutory Authority
                           These proposed regulations are issued
                         under Title III of the Superfund
                         Amendments and Reauthorization Act
                         af 1986. (Pub. LM-499). ("SARA" or
                         "the Act"). Title ID of SARA is known
                         as the Emergency Planning and
                         Community Right-To-Know Act of 1988.

                         B. Background

                         1. Superfund Amendments and
                         Reauthorization Act of 1986 (SARA)
                            On October 17.1986. the President
                         signed into law the Superfund
                         Amendments and Reauthorization Act
                         of 1986 ("SARA") which revises and
                         extends the authorities established
                         under the Comprehensive
                         Environmental Response. Compensation
                          and Liability Act of 1980 ("CERCLA").
                          Commonly known as "Superfund",
                          CERCLA provides authority for federal
                          cleanup of hazardous substances sites
                          and response to releases of hazardous
                          substances. Title HI of SARA
                          establishes new authorities for
                          emergency planning and preparedness.
community right-to-know reporting, and
toxic chemical release reporting.
2. Title III
  Title III of SARA, also know as the
"Emergency Planning and Community
Right-To-Know Act of 1986". is intended
to encourage and support emergency
planning efforts at the State and local
level and provide citizens and local
governments with information
concerning potential chemical hazards
present in their communities.
  Title III is organized into three
subtitles. Subtitle A establishes the
framework for state and local
emergency planning. Subtitle B provides
the mechanism for community
awareness with respect to hazardous
chemicals present in the locality. This
information is critical for effective local
contingency planning. Subtitle B
includes requirements for the
submission of material safety data
sheets and emergency and hazardous
Chemical inventory forms to State and
local governments, and the submission
of toxic chemical release forms to the
States and EPA. Subtitle C contains
general provisions concerning trade
 secret protection, enforcement, citizen
 suits, and public availability of
 information.

 3. Subtitle B
   Subtitle B of Title III is primarily
 concerned with providing information to
 appropriate local. State, and Federal
 officials on the type, amount, location.
 use. disposal and release of chemicals at
 certain facilities.
   Subtitle B contains three reporting
 provisions. Section 311 requires facilities
 subject to the Occupational Safety and
 Health Act of 1970 (OSHA) and
 regulations promulgated under  that Act
 (IS USC 651 et seq.) to submit material
 safety data sheets (MSDS). or a list of
 the chemicals for which the facility is
 required to have an MSDS. to local
 emergency planning committees. State
 emergency response commissions and
 local fire departments. The facilities are
 required to submit the MSDS or
 alternative list by October 17.1987.
    Under section 312. facilities which
 must submit an MSDS under section 311
 are also required to submit additional
 information on the chemicals present at
 the facility. Beginning March 1.1988.
  and annually thereafter, the owner or
  operator of such a facility must submit
  an inventory form containing an
  estimate of the maximum amount of
  hazardous chemicals present at the
  facility during the preceding year, an
  estimate of the average daily amount of
  hazardous chemicals at the facility, and

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               Federal Register / Vol. 52.  No. 17 / Tuesday. January 27. 1987 / Proposed Rules
                                                                      2837
 the location of these chemicals at the
 facility.
   Section 313 requires that certain
 facilities with ten or more employees.
 which manufacture, process or use a
 "toxic chemical" in excess of a
 statutonly-prescribed quantity, submit
 annual information on the chemical and
 releases of the chemical into the
 environment. This information must be
 submitted to EPA and to the appropriate
 State offices beginning on July 1.1988.
 EPA is required under section 313(i) to
 establish a national toxic chemical
 inventory data base for the management
 of this data and to publish a reporting
 format by June 1,1987.

 4. Section 311
   Facilities which are required to
 prepare or have available an MSDS for
 a hazardous chemical under OSHA and
 regulations promulgated under that Act
 (15 U.S.C. 651 et seq.) are subject to
 sections 311 and 312.
   Section 311 requires facilities to
 submit an MSDS for each chemical for
 which the facility is required to have an
 MSDS. or a list of such chemicals, to the
 local emergency planning committee, the
 State emergency response commission.
 and the local Tire department. This is a
 one-time reporting requirement which is
 due October 17.1987. If the owner/
 operator submits a list of chemicals, the
 MSDS for any chemical on the list must
 be submitted to the local emergency
 planning committee, upon the local
 committee's request. However, updates
 to the list or the MSDS submission are
 due within three months after the
 owner/operator of a facility is first
 required to prepare or have available an
 MSDS for a specific hazardous chemical
 under OSHA regulations. Additionally.
 if there is significant new information on
 an MSDS which was previously
 submitted, a revised MSDS must be
 submitted. Section 311(c) provides
 public access to this information through
 the local emergency planning committee.
  Under section 311(b) the
 Administrator has the authority to
 establish threshold quantities for
 hazardous chemicals below which no
 facility is subject to the MSDS reporting
 requirements under Title III. Today's
 proposal sets forth threshold quantities
 and regulations implementing the
 section 311 reporting requirements.
 5. Section 312
  The owner or operator of a facility
required to submit an MSDS or list of
chemicals under section 311 is also
subject to the provisions of section 312.
  Section 312(a) requires owners or
operators of such facilities to submit an
emergency and hazardous chemical
 inventory form (hereafter referred to as
 "inventory form") to the appropriate
 local emergency planning committee.
 State emergency response commission.
 and local fire department on or before
 March 1.1988. and annually thereafter
 on March 1. Section 312 specifies that
 there be two reporting "tiers" containing
 information on hazardous chemicals at
 the facility in different levels of detail.
 "Tier I", containing general information
 on the  amount and location of
 hazardous chemicals by category, is
 submitted annually. 'Tier II". containing
 more detailed information on individual
 chemicals, is submitted upon request.
 The public has access to Title III
 information through the State emergency
 response commission and local
 emergency planning committee.
  Under section 312(d)(l)(C). EPA may
 modify the Tier I reporting categories
 (the OSHA physical and health hazard
 categories) by requiring information to
 be reported in groups of chemicals
 which present similar hazards in an
 emergency or by requiring reporting on
 individual hazardous chemicals of
 special concern to emergency response
 personnel. EPA is authorized under
 section 312(b) to establish threshold
 quantities belows which no inventory
 form reporting is required. Under section
 312(g),  EPA must publish forms for the
 submission of Tier I and Tier II
 information within three months of the
 enactment of SARA. January 17,1987. If
 EPA fails to publish the forms, the
 owner/operator must submit the
 information by letter. In today's rule.
 EPA publishers  these forms and
 proposes regulations implementing the
 requirements of section 312.

 II. Analysis of the Proposed Rule and
 Forms

A. Reporting Requirements Under
Sections 311 and 312

 I. Reporting Obligations
  Title III prescribes two reporting
 requirements in support of "community
 right-to-know" at the State and local
 level. Section 311 requires the owner/
 operator of facilities that are required to
 prepare or have available an MSDS
 under OSHA's regulations to submit the
 MSDS. or a list of all chemicals present
 at the facility  for which an MSDS is
required, to the State emergency
 response commission, the local
emergency planning committee, and the
 local fire department.
  If the facility submits a list of
chemicals, section 311(a)(2) specifies
 that the list include the chemical name
or common name of the chemical and
any hazardous component as provided
on the MSDS. The list of chemicals must
be grouped in categories of physical and
health hazards set forth under OSHA
regulations. In addition, under section
311(c)(l). a facility which submits a list
of chemicals in lieu of an MSDS for each
chemical must submit the MSDS upon
request of the local emergency planning
committee. Although facilities may meet
the section 311 reporting requirements
through submission either of a list or the
actual MSDS. the Agency encourages
facilities to exercise the list option
whenever possible. List reporting
reduces the information management
burden on recipients of the information.
In addition, the list may facilitate
management of the section 312
information since it can be used by
recipients as an index to the Tier I
report. Moreover, under section 303(d),
the local emergency planning committee
may require submission of such a  list
where necessary for developing and
implementing the emergency plan.
  For mixtures of hazardous chemicals.
under section 311(a)(3) an owner or
operator may meet the reporting
requirement by submitting an MSDS for.
or by identifying on a list, each  element
or compound in the mixture which is a
hazardous chemical, or by submitting an
MSDS for. or identifying  on a list,  the
mixture itself. If the element or
compound option is selected and is
contained in more than one mixture,
only one MSDS or listing is necessary.
The option selected for the reporting of a
mixture under section 311 must also be
followed for Tier I reporting under
section 312.
  Under section 311(d), the owner or
operator of a facility subject to section
311 must submit the MSDS or list within
twelve months after the date of
enactment of SARA, October 17.1987. or
within three months after the owner/
operator is first required to prepare or
have available an MSDS for a certain
chemical under OSHA, whichever is
later. Within three months of a
discovery by an owner/operator of
significant new information concerning
a hazardous chemical for which an
MSDS was previously submitted, a
revised MSDS must be submitted.
  Section 311 provides public access to
any MSDS submitted under section 311.
Persons may request the  MSDS of any
facility from the local emergency
planning committee. If the MSDS is
unavailable, the local committee is to
request the owner or operator of the
facility to submit the MSDS.
  Section 312 requires the owner/
operator of the same facilities to submit
an emergency and hazardous chemical
inventory form to the same three entities
that receive the section 311 information.

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Federal  Register / Vol 52. No. 17 / Tuesday. Imnary 27. 1967 t Propoaedjbi|e»_
This i» a two-tier reporting, requirement
The first tier (Tier I) includes aggregate
   'rmation on the maximum and
   .rage daily amounts and general
  nation of hazardous chemicals at the
 acitity. reported by the categories
established under OSHA. The form
containing Tier I information must be
submitted to the State Commission.
local committee and Ore department
annually beginning Match 1.1988, and
will contain data with respect to the
preceding calendar year.
   Section 312 also provides for the
submission of more detailed information
from the facility in the form of a
response to a request by State and local
officials for Tier II information. Upon the
request of a State emergency planning
commission, a local emergency planning
committee, or a local fire department
with jurisdiction over the facility.
section 312(e) requires the owner/
operator of a facility to provide Tier II
information to the person making the
request. Tier II is chemical-specific and
 more detailed with respect to location
 and manner of storage of the chemical
 than Tier L Other State  and local
 officials may have access to Tier II
 information through the State emergency
 response commission or the local
 emergency planning committee.
   Under section 312(e)(3). any person
    y make a request to the State
   .iergency response commission or the
 local emergency planning committee for
 Tier II information from, a specific
 facility relating to the preceding
 calendar year. If the information is in
 the possession of the State commission
 or the local committee, the information
 is to be made available to the requestor.
 If the information is not in the
 possession of the Stale commission or
 local committee that received the
 request, the State commission or local
 committee must request Tier II
 information from the facility concerning
 chemicals stored in excess of 10.000
 pounds at anytime during the preceding
 calendar year. To obtain Tier II
  information on other chemicals at the
  facility, the requestor must submit a
  general statement of need with the
  request. The local emergency planning
  committee or State emergency response
  commission may then request such Tier
  II information from the facility if it
  chooses to do so. All Tier II information
  obtained by the State commission or
  local committee is to be made available
  to the public, including the person
  requesting such information. However.
  upon request by an owner/operator of a
   ficihty. location information on specific
     ermcals will be withheld from public
     jclosure.
                          Failure to comply with section 311 or
                        312 requirements may subject the owner
                        or operator to assessment of civil and
                        administrative penalties under section.
                        325. or citizen suit enforcement under
                        section 326.
                          States or local conummities may
                        under their own laws or ordinances
                        require submission of knfonnation from
                        owners or operators which hi
                        supplemental or additional to the
                        information required under sections 311
                        and 312. Section 321 preserves State and
                        local information submission
                        requirements except that any MSDS
                        required from facility owners or
                        operators under State or local taw
                        enacted after August 1.1985 must be
                        identical in form and content to the
                         MSOS required under section 311. For
                         either MSDS or inventory reporting
                         under section 312. a State or local
                         community may require the submission
                         of additional sheets attached to the
                         MSDS or inventory form.

                         2. Program Scope
                           a. Definition of key terms and
                         exclusions. The "community right-to-
                         know" reporting requirements under
                         section 311 and 312 are applicable to
                         any "facility" which is required to
                         prepare or have available an MSDS for
                         a "hazardous chemical" under OSHA
                         and regulations issued under that Act.
                         Thus, these reporting requirements
                         apply to any person who is the owner or
                         operator of: (1) A "facility". (2) at which
                         a "hazardom chemical" is present and
                         (3) for which an MSDS is required under
                         OSHA regulations.
                            "Facility" for the  purposes of Title HI.
                         is defined as "all buildings, equipment
                         structures, and other stationary items
                         which are located on a single site or on
                          contiguous or adjacent sites and which
                          are owned or operated by the same
                          person (or by any person which
                          controls, is controlled by. or under
                          common control with, such person)."
                            For purposes of section 311 and 312.
                          the term "hazardous chemical" has  the
                          meaning given by the OSHA regulations
                          at § 1910.1200(c) except as discussed
                          below. OSHA regulations define a
                          hazardous chemical as "any chemical
                          which is  a physical hazard or a health
                          hazard."
                             Section 1910.1200(b) of the OSHA
                          regulations currently provides the
                          following exceptions:
                             (i) Any hazardous waste as such term
                           is defined by the Solid Waste Disposal
                           Act. as amended (42 U.S.C 6901 et  seq.)
                           when subject to regulations issued
                           under that Act:
                             (ii) Tobacco or tobacco products;
                             (iii) Wood or wood products;
  (iv) "Articles"—defined under
{ I9l0.1200(b) as a manufactured item:
—Which is formed to a specific-shape or
  design during manufacture;
—Whfch has end use function^)
  dependent in whole or in part upon
  the shape or design during end use:
  and
—Which does not release, or otherwise
  result in exposure to a hazardous
  chemical under normal conditions of
  use.
  (v) Foods, drugs, or cosmetics
intended for personal consumption by
employees while in the workplace. In
addition, section 311(e) excludes the
following:
  (i) Any food, food additive, color
additive, drug, or cosmetic regulated by
the Food and Drug Administration:
  (ii) Any substance present as a solid
in any manufactured Hem to the extent
exposure to the-substance does not
 occur under normal conditions of use:
   (iii) Any substance to the extent it is
 used for personal, family, or household
 purposes, or is present in the same form
 and concentration as a product
 packaged for distribution and use by the
 general public
   (iv) Any substance to (he extent it is
 used in a research laboratory or a
 hospital or other medical facility under
 the direct supervision of a technically
 qualified individual:
   (v) Any substance to the extent it is
 used in routine agricultural operations
 or is a fertilizer held for sale by a
 retailer to the ultimate customer. There
  are cleady some areas of overlap
  between the two sets of exceptions and
  a combined list is included in
  instructions to the reporting formats
  published today for the convenience of
  the user.
    Currently, the OSHA MSDS
  regulations are applicable to chemical
  manufacturers and importers and all
  employers in SIC Codes 20 through 38.
  These codes include only manufacturing
  industries. However, any facility that
  has manufacturing activity is subject to
  their requirements even if the facility
  falls into more than one SIC code. In
  addition, facilities outside the
  manufacturing sector will be subject to
  the requirements of sections 311 and 312
  if and when OSHA MSDS requirements
  are revised to apply to additional  types
  of facilities.
    b. Threshold levels for reporting.
  Under section 311f». the Administrator
  may establish threshold quantities for
  hazardous chemicals below which a
  facility would be exempted from the
  MSDS reporting requirement under
   section Ml. A section 311 threshold

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               Federal Register / Vol. 52. No. 17 / Tuesday. January  27, 1987 / Proposed Rules
                                                                       2A3Q
 automatically becomes a threshold for
 inventory reporting under section 312
 since section 312(c) limits inventory
 reporting to chemicals for which an
 MSDS or alternative list is required
 under section 311. Section 312(b) also
 enables the Administrator to establish
 higher threshold levels for inventory
 reporting.
  EPA evaluated several options for
 establishing thresholds for reporting
 under section 311 and 312,  including the
 option of choosing not to set a threshold
 for reporting. The Agency is proposing
 today to establish a threshold for
 reporting under section 311. which
 through section 312(c) also establishes a
 threshold for inventory reporting under
 section 312. EPA is proposing to
 establish a phase-in threshold, but is
 also considering establishing a
 permanent threshold for reporting and
 requests comments on both approaches.
 No higher threshold level is proposed
 today under section 312(b). The reasons
 for establishing a reporting threshold.
 the proposed threshold regulation, and a
 brief description of the other reporting
 threshold quantity options  considered
 by the Agency are discussed below.
  The legislative history for Title III. as
 well as comments from a limited number
 of State and local officials and citizens'
 organizations, indicate that there are
 competing concerns underlying the Title
 III community right-to-know reporting
 provisions.
  First the underlying premise of
 community right-to-know is broad
 access of individuals and local officials
 to complete information concerning all
 chemicals that may pose physical or
 health hazards to their communities.
The need for broad access is heightened
 by the potentially large number of user
groups, ranging from State and local
 emergency responders. fire and health
 departments and local planners to local
 community organizations and the
general public. The information needs of
 these varied groups are not necessarily
 the same, nor are the interests of.any
given group uniform for all communities.
  Second, there is a serious concern that
 these provisions, particualrly MSDS
reporting under section 311. will flood
local communities and State agencies
with an unmanageable amount of
information. The universe of "hazardous
chemicals", as defined by OSHA.
includes tens of thousands  of chemicals
and mixtures, which vary greatly in
degree and type of hazard. Estimates
indicate that there are approximately
350.000 facilities currently required to
have an MSDS: there are an additional
several million facilities outside the
manufacturing sector that may be
covered by section 311 as a result of
revision of the OSHA regulations. In
addition, some facilities may
individually maintain thousands of
MSDS sheets. State and local officials
emphasize that the usefulness of right-
to-know reporting lies in the
manageability of the information
received and that effective information
management, particularly the
establishment of a computerized data
base, will take some time to develop.
Creating an overwhelming paper burden
for State and local officials could thus
greatly reduce in the short and long
term, both the usefulness and the
accessibility of the information received.
  In the threshold quantity regulation
that is being proposed today. EPA has
attempted to balance this interest of the
public under Title III in having access to
complete chemical information with the
need to provide a viable information
base, in both the short and the long
term. There are three primary aspects of
today's threshold quantity proposal.
First, thresholds for mandatory MSDS
submissions and Tier I reports are
phased in over three years. In the first
year a threshold of 10.000 pounds is
used, thus substantially reducing the
amount of information which States and
local communities must handle. In the
second year the threshold drops to 500
pounds (the approximate weight of a
standard 55-gallon drum) triggering
additional MSDS and Tier I
submissions. In the third year, the
regulation would specify that thresholds
be eliminated, i.e., that any quanity be
reported. The purpose of the "phase-in"
approach is to give State and local
communities time to establish data
management programs, while ensuring
during the interim that they are alerted
to the presence of any large quantities of
hazardous chemicals.
  Second, in order to ensure that the
public has information on substances of
particular concern for emergency
planning, the extremely hazardous
substance list required by Section 302
of Title III. published in the Federal
Register on November 17,1986 (51 FR
41570) would have no threshold.
  Finally,  the proposal preserves the
interest of the public in having access to
information, notwithstanding the
threshold reporting quantities
established for the first two years.
Under the proposed regulation, the
threshold levels do not apply to requests
for information made by the local
emergency planning committees. Thus.
any individual may, prior to the
elimination of reporting thresholds.
obtain through the local committee
MSDS or inventory information on
chemicals present at any facility. In this
way. the public retains access to this
information even though its submission
is not otherwise required during the
phase-in period. The local committee
may organize public requests for
additional information in any
appropriate manner.
  EPA also considered establishing
uniform thresholds for all chemicals
without a phase-in period. The uniform
thresholds considered included small
amounts (e.g., 2 pounds or 5 pounds).
standard container size (500 pounds)
and 10,000 pounds. As discussed above.
in evaluating alternative thresholds.
EPA must consider both the need to
produce a manageable data set and the
hazardous nature of the chemicals. A
uniform threshold has the advantage of
reducing the number of reports and so
enhancing the usefulness of the reported
information. Because of concerns about
information management, cost, and
paperwork burden, EPA is interested in
the identification of a permanent
threshold for reporting combined  with
access to information below the
threshold upon request. Establishment
of a permanent threshold may be  of
particular importance considering the
number of chemicals subject to section
311 and 312 reporting. The number of
hazardous chemicals, which may  be as
high as 500.000, far exceeds the number
of extremely hazardous substances for
which EPA has recently published
threshold planning quantities and the
substances which have reportable
quantities under CERCLA. However,
this time, EPA does not have sufficient
data to support establishment of a
threshold which takes into consideration
the hazardous nature of all of these
chemicals. Therefore, EPA rejected this
option in developing today's proposal,
but solicits comment, and any
supporting data, on whether EPA  should
establish permanent thresholds, for
which chemicals, and at what levels.
  EPA considered other alternatives to
the proposed approach. One option was
to establish no threshold, ensuring
maximum receipt of information by
State and local officials. The advantage
of this approach is that it potentially
provides immediate access to complete
information on hazardous chemicals in
the  community. EPA rejected that option
because the resulting paperwork burden
on State and local agencies may
actually result in a reduced access to
valuable information and may prevent
the  development of viable long-term
management systems for the community
right-to-know programs. The phase-in
approach is, thus, preferred to no
threshold because it provides additional
time for States and localities to adjust to
increased data management demands.

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Federal Register / VoL 52. No. 17 / Tuesday. January 27.1987 / Proposed Rules
By spreading the paperwork over
several years, the phase-in approch
provides early information on the
expected size of the administrative
burden and on how best to manage the
data to suit the emerging needs of user
groups.
  Another option that was considered
was modifying the phase-in approach to
include a lower cutoff in the first year.
e.g., 1.000 pounds for the first two years.
and no threshold in the final year.
Although this provides more information
in the first year, it also provides a
smaller reduction in reports during that
year than the proposed option. This
could decrease the incentive for
facilities to use the phase-in and thus
make the option less useful for
recipients of the information.
  EPA also considered several other
options which involve more explicit
evaluation of the hazardous natures of
the chemicals, including setting
thresholds uniformly for chemicals
within a category (but varying the
threshold across categories), and setting
thresholds by individua) chemical.
Similarly, the Agency considered setting
thresholds based on facility type or SIC
codes based on employment (e.g.. tower
thresholds for smaller business), or
based  on chemical uses (e.g.,  fuels.
medicines used in health care facilities.
or intermediate products). While many
of these groups are not currently
covered by Title 111. due to the present
scope of the OSHA regulations,  they
were considered because they may be
covered by OSHA regulations in the
future.
  The difficulty with these approaches
is that the level of nsk associated with a
chemical depends on a variety of
chemical and site specific factors.
including the identity of the chemical
involved, the nature of the site, and the
specific type of accident (e.g.> fire,
leakage) or other cause of the exposure.
In addition, the quantity of the chemical
that could be hazardous hinges on
whether the risks to emergency
personnel or those to the community at
large are being evaluated. Thus, an
option under which thresholds are set
based on the hazardous nature of the
chemicals was rejected due to the
difficulty of determining cutoffs that
adequately reflect the health and
physical hazards posed by the chemical.
  In addition, a chemical-specific
approach was rejected due to the large
number of hazardous chemicals for
which a threshold must be  established.
Establishing thresholds based on
number of facility employees or sales
volume was also rejected largely
 because small businesses may be the
 racilities about which fire departments
                         know little and are, therefore, more
                         concerned.
                           EPA also considered setting a low or
                         no threshold for MSDS reporting and a
                         higher threshold for Tier I reporUag
                         under section 312. The advantage of this
                         approach is that it provides access to
                         information on all chemicals present
                         while reducing the burden of providing
                         more detailed reports under section 312.
                         This approach was rejected because it
                         introduced additional complexities into
                         the program in exchange for a relatively
                         minor reduction in paperwork burden.
                           EPA solicits comments on the
                         proposed threshold reporting quantity
                         regulation, as well as on alternatives
                         discussed above or on suggestions for
                         any other approach to establishing
                         thresholds. The Agency specifically
                         requests comments on the following
                         issues:
                           (1) Is the phase-in approach
                         appropriate? Is the phase-in period, i.e..
                         three years. long enough?
                           (2) Are the thresholds for each year
                         appropriate?
                           (3) Should the threshold be entirely
                         eliminated in the last year as proposed
                         or is some permanent threshold level
                         appropriate? If a permanent level is
                         more appropriate, what should this
                         threshold level be? Should there be
                         different levels of thresholds for
                         different chemicals? What
                         methodologies could be used to
                         establish appropriate thresholds for aH
                         hazardous chemicals? What dala
                         supports these approaches?
                           (4) Is the concept of access to ail
                         information below the threshold upon
                         request of the local committee
                         appropriate?
                           (5) Should the threshold regulation  '
                         contain an exception for extremely
                         hazardous substances, as proposed?
                         Should there be additional  exceptions
                         (e.g~ CERCLA hazardous pnfr«*«iM«> list.
                         or the chemicals identified  by Section
                         313 of Title my?
                           (6) Should a higher threshold be
                         established under Section 312?

                         3. Categories for Reporting
                           Section 3T1 list reporting and section
                         312 Tier I reporting requirements are
                         based upon the categories established
                         under OSHA regulations for grouping
                         chemicals by particular physical and
                         health hazards. There are currently 23
                         such categories. To facilitate the
                         usefulness of reporting under these
                         provisions, the Administrator may
                         modify the categories of health and
                         physical hazards set forth under OSHA
                         regulations by requiring information to
                         be reported in terms of groups of
                         hazardous chemical* which present
                         similar hazards in the emergency.
Additionally, for Tier I reporting, the
Administrator may require reporting on
individual hazardous chemicals of
special concern to emergency response
personnel
  EPA has received several proposals
for modification of the OSHA categories
to date, including use of the eight
Department of Transportation hazard
labeling categories. The advantage to
this option is that emergency response
personnel are already familiar with
these categories. Another approach
would be to establish two health hazard
categories; immediate (acute) hazards
and delayed (chronic) hazards, and
three physical hazard categories; fire
hazards, sudden release of pressure
hazard, and reactivity hazards.
  The Agency is not proposing any
specific modification to the 23 OSHA
categories at this time. However. EPA
recognizes that a smaller number of
reporting categories  may facilitate the
manageability of the information and
enhance its usefulness, particularly
since information on chemicals which
present more than one hazard must be
provided in all applicable categories.
For this reason, the Agency is soliciting
comments on these and additional
approaches for modification or  reporting
categories including the approaches
described above.
4. Relationship of Final  Form to Section
312(g)
   Section 312(g) of Tide in requires the
Administrator to publish a uniform
format for inventory forms by January
17.1987. If (he Administrator does not
publish such forms,  section 312(g)
requires owners and operators  of
facilities to provide  the section 312
inventory information by letter.
   Although with this proposal EPA
meets the publication requireicent under
section 312(g). the Agency expects minor
changes to the forms published today  as
a result of public comment on this rule.
EPA intends to publish a final form well
in advance ofthe initial Tier I reporting.
which is due on March 1.1988. For that
reason, the content  of these proposed
formats generally includes only
information specified by the statute.
Owners and operators  of facilities
subject to the section 312 reporting
requirement should submit the revised
 forms published in  the final rule in hen
 of the form published today.

B. Format of Forms
   EPA requests comments on the design
 and content of the Tier I and Tier II
 forms and evaluations. IB particular.
 EPA requests comments on whether
 average daily quantity, as reported on

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               Federal Register  /  Vol. 52.  No. 17 / Tuesday. January 27. 1987 / Proposed  Rules
                                                                      2841
the Tier I and Tier II forms, should
reflect an annual average or an average
for those days during the year when the
hazardous chemical is actually on site. •
The Agency also requests comment on
whether the ranges for reporting are too
narrow or too broad.
  The Agency designed the Tier II form
to serve three purposes: (1) A worksheet
for preparation of the mandatory Tier I
format. (2) the format for response to
specific Tier II requests. (3) a substitute
for the Tier I format.
  Although the main purpose of the Tier
II form is to provide Tier II information
in response to a request. EPA has
attempted to provide a form that
facilities might find convenient to use in
developing and reporting the Tier I
information as well.

C. General Solicitation of Public
Comment
  EPA solicits comments on all aspects
of today's proposal, and specifically
requests comments on appropriate
threshold levels for both MSDS and
inventory reporting and revisions of the
OSHA hazard categories. EPA also
solicits comments on the content, layout
and instructions for the Tier I and Tier II
forms for reporting under section 312.
EPA's intent is to make the statutory
reporting as useful as possible for State
local emergency responders, local
emergency planners, fire departments,
and interested members of the local
community, and specifically requests
suggestions from these users of the
information on appropriate threshold
levels and the format of the forms
published today.
  Comments must be submitted within
60 days of the publication of this
regulation. Upon completion of the
comment period, the forms and
regulations published today will be
revised as appropriate based on the
comments received and republished as a
final rule. EPA intends to publish final
forms and regulations for sections 311
and 312 reporting well in advance of the
date when the statute requires the first
reports to be submitted: October 17.
1987. for MSDS reporting and March 1.
1988. for inventory reporting.

III. Relationship to Other EPA Programs

A. Other Title III Programs
1. Subtitle A—Emergency Planning
  Title III of SARA establishes several
reporting and notification requirements
in addition to sections 311 and 312.
Subtitle A of Title III contains several
notification provisions which are critical
to local emergency planning. In order to
facilitate local emergency planning.
under section 302. facilities which have
present an amount of an extremely
hazardous substance in excess of the
corresponding threshold planning
quantity must notify the State
emergency response commission by
May 17.1987. Section 303 requires that
such facilities must also provide to local
emergency planning committees
information concerning the facility
which may be relevant to emergency
planning. Section 304 establishes
immediate release reporting
requirements to enable timely and
effective local response to releases of
hazardous substances. These emergency
planning requirements are set forth in an
interim final rule published on
November 17.1986, 51 FR 41570. These
requirements are unaffected by today's
proposal.
  Today's proposal sets out the
reporting requirements under sections
311 and 312, Subtitle B of Title III. The
focus of Subtitle B is public access to
information concerning chemicals in
their communities rather than
emergency response, and thus reporting
requirements under Subtitle B are both
broader in scope than Subtitle A and
continuing in nature. However, the
information obtained or made available
under sections 311 and 312 of Subtitle B
may also be of significant value to
emergency responders. Subtitle B will
make available to the local and State
emergency planners information on
other chemicals and facilities, beyond
those identified under Subtitle A, which
they may wish to include in their
emergency planning efforts. Tier n
information under section 312 will
provide specific information on the
quantities and locations of hazardous
chemicals. Thus, sections 311 and 312
provide information beneficial to
emergency planning required under
Subtitle A. As discussed in the
November 17.1988 interim final rule, the
facilities identified as a result of that
rule are only a "first cut" of the facilities
and potential chemical hazards for
which emergency planning may be
necessary.

2. Subtitle B—Section 313 Toxic
Chemical Release Inventory
  Subtitle B also establishes reporting
requirements under section 313.
Beginning July 1.1988. certain
manufacturing facilities at which there
is a "toxic chemical" present in excess
of a statutory quantity must annually
report to EPA and the State, with
respect to each such substance, the
maximum amount present at the facility,
the treatment or disposal methods used,
and the annual quantity released into
the environment. These requirements
will be the subject of a separate
rulemaking. to be published later this
year. Not all of the facilities subjct to the
sections 311 and 312 requirements will
be required to submit information under
section 313.

3. Trade Secrets
  Title III also establishes provisions for
the protection of trade secrets. Section
322 of Title III entitles persons required
to submit information under sections
303. 311. 312, and 313 to withhold the
specific chemical identity from
disclosure under certain conditions. In
order to withhold such information.
however, a person must submit the
withheld information and an
explanation to EPA. Under section
322(c), EPA is required to publish
regulations to implement the trade
secret provisions as soon as practicable
after the enactment of SARA. EPA
intends to propose trade secret
regulations under section 322 later this
year and in advance of the initiation of
the reporting requirements.

B. CERCLA Programs

1. CERCLA Reporting Requirements
  CERCLA section 103 establishes
notification requirements for facilities at
which there is a release of a reportable
quantity (RQ) of a CERCLA hazardous
substance. Such releases must be
immediately reported to the National
Response Center (800-424-8802, or in the
Washington, DC metropolitan area at
202-428-2675). These reporting
requirements and the list of hazardous
substances and RQs are found in 40 CFR
Part 302 and are for the purpose of
alerting federal responders to a
potentially dangerous release of a
hazardous substance so that any
necessary response can be taken in a
timely fashion. These notification
requirements are similar to the release
notification requirements under Title III
which must be made to local and State
response personnel, and are unaffected
by today's proposal.

2. National Contingency Plan
  The National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP), codified at 40 CFR Part 300.
establishes the national organization.
policy, and procedures for preparedness
and response to releases of pollutants
into the environment. On November 17,
1986 the Agency published the list of
extremely hazardous substances and
threshold planning quantities for State
and local emergency planning in an
interim final rule, as required under
section 302 of Title III. 51 FR 41570. In
that rule, the list and implementing
regulations were codified as a new

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Federal Register / Vol 52. No. 17 / Tuesday. January 27.1967  /  Proposed Rules

                                                               cost of requeuing additional report*
                                                               from covered facilities or responding to
                                                               public or official requests for
                                                               information.
                                                                 EPA solicits comment OB the
                                                               methodology employed, the unit costs
                                                               and the results of the Regulatory Impact
                                                               Analysis. In particular. EPA requests
                                                               comments on the following issues:
                                                                 1. What systems will industry design
                                                               and use in order to comply with the
                                                               requirements of sections 311 and 312,
                                                               e.g., how will the necessary data be
                                                               managed and stored?
                                                                 2. How will the number of hazardous
                                                               chemicals per facility affect the costs of
                                                               complying with sections 311 and 3127
                                                                 3. Is the estimated number of material
                                                               safety data sheets accurate, both on
                                                               average and in total?
                                                                 4. What systems will local and State
                                                               government develop and use to
                                                               implement sections  311 and 312; e.g..
                                                               how will the data be managed and
                                                               stored?
                                                                  5. Are the unit cost estimates
                                                               reasonable for both industry and
                                                               government?
                                                                  6. Are there other activities associated
                                                                with sections 311 and 312 which should
                                                                be considered? What costs are
                                                                associated with such activities?
                                                                  7. What estimates are reasonable to
                                                                assume for public requests to
                                                                government entities for MSDS. Tier I
                                                                and Tier H information?
                                                                B. Regulatory Flexibility Act
                                                                  Under the Regulatory Flexibility Act 5
                                                                U.S.C. 601 et seq- whenever an agency
                                                                is required  to issue for publication in the
                                                                Federal Register any proposed or final
                                                                rule, it must prepare and make available  •
                                                                for public comment, a Regulatory
                                                                Felxibility Analysis which describes the
                                                                impact of the rule on small entities (te-
                                                                small business, small organizations, and
                                                                small governmental jurisdictions) unless
                                                                the Agency's Administrator certifies that
                                                                the rule wUl not have a significant
                                                                impact on a substantial number of small
                                                                entities. EPA conducted an economic
                                                                analysis to determine whether or not
                                                                this proposed regulation causes a
                                                                significant impact on small entities.
                                                                Preliminary estimates indicate that this
                                                                rule is not likely to have a significant
                                                                impact on a substantial number of small
                                                                entities. The analysis is set out in the
                                                                Regulatory Impact Analysis in Support
                                                                of Rulemaking Under Sect/oils 311 and
                                                                312 of the Superfund Amendments and
                                                                Reauthoraatiea Act of JMft which is
                                                                 available for public review in the docket
                                                                 for thia ptlamaking.
                                                                   Accordingty. I hereby certify that this
                                                                 proposed rule wiU aot have a significant
                                                                 impact on a substantial number of small
 Subpart within the NCP. However, the
 Agency stated that it would reevaluate
 the appropriate placement of the Title III
 rules in the context of the ongoing
 revision of the NCP.
   Because of the need to make the Title
 III rules as usable as possible.
 considering the wide range of persons
 who may utilize or be affected  by these
 rules, and because the Agency believes
 that all of the Title III regulations.
 including appended forms and  lists.
 should be placed together in the Code of
 Federal Regulations, the Agency has
 decided to separate these rules from the
 NCP. Today's proposal sets aside a new
 series within Subchapter J of title 40 for
 the Title III rules. The Agency will
 recodify the emergency planning
 regulations and list of extremely
 hazardous substances in this series as
 part of the revised final rule to be
 published this year.
 IV. Regulatory Analyses

 A. Regulatory Impact Analyst*
   Executive Order 12291 requires each
 Federal Agency to determine if a
 regulation is a "major" rule as defined
 by the Order and to prepare and
 consider a Regulatory Impact Analysis
 (RIA) in connection with every major
 rule. Because EPA has determined thai
 the reporting requirements for
. hazardous chemicals in this proposal
 constitute a major rule under Executive
 Order 12291. EPA has prepared an RIA
 to assess the economic impact of the
 proposed regulation on affected industry
 (manufacturing. Standard Industrial
 Codes 20 through 39) and State and local
 government entities. The following cost
 results are presented in the analysis
 documented in U.S. EPA. Regulatory
 Impact Analysis in Support of
 Rulemaking Under Sections 311 and 312
 of the Superfund Amendments and
 Reauthonzotion Act of 1988. This
 document is available in the public
 docket for this rulemaking.
    All of the costs associated with this
 regulation result directly from the
  requirements of the legislation passed
  by Congress. Each of the assessed
  regulatory options reduces both the
  reporting burden on industry and also
  the administrative burden on  the
  receiving agencies either by providing a
  reporting framework, or by allowing for
  the phased submission of reports to
  State emergency response commissions.
  local emergency planning committees.
  and fire departments. The present value
  of the cost to industry of the legislative
  requirements over the first ten years is
  estimated to be 1.14 billion.
    For the proposed regulatory approach.
  total industry caste of sections 311  and
312 are fairly similar for the first three
years of reporting as additional facilities
come into compliance, and fall
substantially in the fourth and
subsequent years when there is no
threshold reporting quantity.
Conservative cost estimates suggest that
industry costs associated with the
proposed phase-in approach equal $238
million in the first year. $303 million in
the second year, and S217 million in the
third year. They stabilize at $64 million
in the fourth and subsequent years. The
present discounted value of the costs
associated with this regulatory approach
over the first ten yean is estimated to
be $0.95 billion (using a discount rate of
10 percent). These estimates represent
the costs of reporting, but do not include
the costs of responding to requests for
additional MSDS or Tier 1 reports, or to
requests for Tier II information.
   The other regulatory alternatives
considered had present value costs to
industry ranging between $0.84 and
$1.04 billion. Thus, although the
proposed regulatory option is not clearly
superior to the other alternatives based
on industry costs, there are several
benefits associated with the proposed
rule so that on balance, the proposed
option was preferred over the
alternatives considered. The benefits of
the proposed regulatory approach over
the alternative options described above
are based on the following. First.
phasing in the final threshold level
permits industry and receiving
government entities to adjust to the
 paperwork burdens created by the
 legislation over a longer period of time.
The advantage of this is that it prevents
government entities from being
 overwhelmed by reports at the start of
 the  program and provides early
 information on the expected size of the
 administrative burden and the best
 means of data management to suit the
 emerging needs of user groups. The
 proposed regulatory approach also has
 benefits over a permanent non-zero
 threshold level because it eventually
 provides complete information access to
 all users. Finally, the proposal generates
 benefits because it provides complete
 information access both to the public
 and to officials.
   Government coats include costs borne
 by  State emergency response
 commissions, local emergency planning
 committees and fire departments. Again.
 conservative estimates suggest that a
 cost of S34 million is incurred by
 government entities in the first year. S24
 million and S27 million are incurred tn
 the-second and third years as additional
 reporting is required, and costs equal to
 $24 million in the fourth and subsequent
 years. These costs do not include the

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               Federal Register / Vol. 52,  No. 12 / Tuesday, January 27.198T / Proposed Rules
                                                                      2843
 entities. This proposed rule, therefore..
 does not require-a Regulatory Flexibility
 Analysis.

 C. Paperwork Reduction Act
  The information collection
 requirements in this proposed rule have
 been submitted for approval to the
 Office of Management and Budget
 (OMB) under the Paperwork Reduction
 Act of 1980.44 U.S.C. 3501 et seq.
 Submit comments on these requirements
 to the Office of Information and
 Regulatory Affairs; OMB: 726 Jackson
 Place. NW.. Washington. DC 20503
 marked "Attention: Desk Officer for
 EPA." The final rule will respond to any
 OMB or public comments on the
 information collection requirements.

 V. Supporting Information
 List of Subjects in 40 CFR Part 370

  Chemicals, Hazardous substances.
 Extremely hazardous substances,
 Intergovernmental relations. Community
 right-to-know. Superfund Amendments
 and Reauthorization Act Chemical
 accident prevention. Chemical
 emergency preparedness. Community
 emergency response plan. Contingency
 planning, Reporting and tecordkeeping
 requirements.
  Dated: January 15.1987.
 Lee. M. Thomas,
 Administrator.
  For the reasons set out in the
 Preamble. Subchapter J of Title 40 of the
 Code of Federal Regulations is proposed
 to be amended by adding Part 370 to
 read as follows:

 PART 370—HAZARDOUS CHEMICAL
 REPORTING: COMMUNITY RIGHT-TO-
 KNOW

 Sutapart A—General ProvWotw
 Sec.
 3701  Purpose.
 370.3  Definitions..
 3703  Penalties.

 Subpart B—Reporting Requirements
 Sec.
 370.20 Applicability.
 370.21 MSDS reporting.
 370.25 Inventory form reporting.
 370.28 Mixtures.

 Subpart C—Public Access and AvaOabfllty
 of Information

 Sec
 370.30 Requests for information.
 370.31 Provision of information.
Subpart O—Inventory Forms

Sec
370.40 Tier I Emergency and Hazardous
    Chemical Inventory Form.
370.41 Tier U Emergency and Hazardous
    Chemical Inventory Form.
  Autheril7LSeciioas 31U 312..3&4. 325,328,
329 of the Emergency Planning aad
Community Right-To-Know Act of 1988, Pub.
L 99-199.100 Stat. 1813.

Subpart A—General Provisions

9370.1   Purpose
  These regulations establish reporting
requirements to provide the public with
important information on the hazardous
chemicals in their communities for the
purpose of enhancing community
awareness of chemical hazards and
facilitating development of State and
local emergency response plans.

J 370.2   Definitions.
  Terms not specifically defined-m this-
section have the same meaning as in
Subpart A of Part 300 of this chapter.
  "Act" means the Superfund
Amendments and Reauthorization Act
of 1988.
  "Commission"  means the State
emergency response commission (or. for
the purpose of emergency planning, the
Governor if there is no commission) for
the State in which the facility is located
  "Committee" means the local
emergency planning committee for the
emergency planning district in which the
facility is located.
  "Environment" includes water, air.
and land and the interrelattODsbip
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2844
Federal Register / Vol. 52. No.  17 / Tuesday. January 27. 1987  /  Proposed Rulea
  (i) On or before October 17.1987. for
all hazardous chemicals present at the
facility in amounts equal to or greater
than 10.000 pounds at any time during
the preceding year or which are on the
list of extremely hazardous substances;
  (it) On or before October 17.1988. for
all hazardous chemicals present at the
facility between 10.000 and 500 pounds
(or 55 gallons) at any time during the
preceding year:
  (ML) On or before October 17. 1989. for
all hazardous chemicals present at the
facility for which an MSDS has not yet
been submitted.
  (2) The minimum  threshold for
reporting in response to requests for
submission of an MSDS or a Tier II form
pursuant to §§ 370.21 (d) and'370.25(c) of
this subpart shall be zero.

§ 370.21  MSDS reporting.
  (a) Basic requirement. The owner or
operator of a facility subject to this
Subpart shall submit an MSDS for each
hazardous chemical according to the
minimum threshold schedule provided in
paragraph (b) of § 370.20 to the
Committee, the Commission, and the fire
department with jurisdiction over the
facility.
  (b) Alternative reporting. In lieu of the
submission of an MSDS for each
hazardous chemical under paragraph (a]
the owner or operator may submit the
following:
   (1) A list of the hazardous chemicals
for which the MSDS is required, grouped
in hazard categories, as defined under
the Occupational Safety and Health Act
of 1970 and regulations promulgated
under the act:
   (2) The chemical or common name of
each hazardous chemical as provided on
the MSDS: and   .
   (3) Any hazardous component of each
 hazardous chemical as provided on the
 MSDS.
   (c) Update reporting. (1) The owner or
 operator of a facility which has
 submitted an MSDS under this section
 shall provide a revised MSDS to the
 Committee within 3 months after
 discovery of significant new information
 concerning the hazardous chemical for
 which the MSDS was submitted.
   (2) After October 17.1987. the owner
 or operator of a facility subject to this
 Section shall submit an MSDS for a
 hazardous chemical pursuant to
 paragraphs (a) and (b) of this section
 within 3 months after the owner or
 operator is first required to prepare or
 have  available the MSDS.
    (d) Submission of MSDS upon request.
 The owner or operator of a facility
 which submits  a list of chemicals under
 paragraph (b) of this section shall
                         submit the MSDS for hazardous
                         chemical on the list to the Committee
                         upon its request. The MSDS shall be
                         submitted within 30 days of the receipt
                         of such request.
                         § 370.25  Inventory form reporting.
                          (a) Basic requirement. The owner or
                         operator of a facility subject to this
                         subpart shall submit an inventory form
                         to the Committee, the Commission, and
                         the fire department with jurisdiction
                         over the facility. The inventory form
                         containing Tier I information on
                         hazardous chemicals above the
                         threshold levels established in
                         § 370.20(b) shall be submitted on or
                         before March 1 of each year, beginning
                         in 1988.
                          (b) Alternative reporting. With respect
                         to any specific hazardous chemical at
                         the facility, the owner or operator may
                         submit a Tier II form in lieu of the Tier I
                         information.
                           (c) Submission of Tier II information.
                         The owner or operator of a facility
                         subject to this section shall submit the
                         Tier II form to the Committee, or the fire
                         department having jurisdiction over the
                         facility upon request of such persons.
                         The Tier II form shall be submitted
                         within 30 days of the receipt of such
                         request.
                           (d) Fire department inspection. The
                         owner or operator of a facility which
                         has submitted an inventory form under
                         this section shall allow on-site
                         inspection by the fire department having
                         jurisdiction over the facility upon
                         request of the department, and shall
                         provide to the department specific
                         location information on hazardous
                         chemicals at the facility.

                         §370.28  Mixtures.
                           (a) The owner or operator of a facility
                         may meet the reporting requirements of
                         § 370.21 (MSDS reporting) and 370.25
                         (Inventory form reporting) of this
                         Subpart for a hazardous chemical which
                         is a mixture of hazardous chemicals
                         by—(1) Providing the required
                         information on  each element or
                         compound in the mixture which is a
                         hazardous chemical, or (2) Providing the
                         required information on the mixture
                          itself, so long as the reporting of
                          mixtures by a facility under 5 370.21 is
                          in the same manner as under § 370.25.

                          Subpart C—Public Access and
                          Availability of Information

                          §370.30  Request* for Information.
                            (a) Request for MSDS information. (1)
                          Any person may obtain a MSDS with
                          respect to a specific facility by
                          submitting a written request to the
                          Committee.
  (2) If the Committee does not have in
its possession the MSDS requested in
paragraph (a)(l) of this section, it shall
request a submission of the MSDS from
the owner or operator of the facility
which is the subject of the request.
  (b) Requests for Tier II information.
(1) Any person may obtain Tier II
information with respect to a specific
facility by submitting a written request
to the Commission or Committee in
accordance with the requirements of
this section.
  (2) If the Committee  or Commission
does not have in its possession the Tier
II information requested in paragraph
(b)(l) of this section, it shall request a
submission of the Tier II form from  the
owner or operator of the facility which
is the subject of the request: provided
that, the request is from a State or local
official acting in his or her official
capacity or the request is limited to
hazardous chemicals stored at the
facility in an amount in excess of 10.000
pounds.
   (3) If the request under paragraph
(b)(l) of this section does not meet  the
requirements of paragraph (b)(2) of this
section, the Committee or Commission
may request submission of the Tier II
form from the owner or operator of the
facility which is the subject of the
request if the request under paragraph
(b)(l) of this section includes a general
statement of need.

 § 370.31   Provision of Information.

   All information obtained from an
 owner or operator in response to a
 request under this section and any
 requested Tier D form or MSDS
 otherwise in possession of the
 Commission or the Committee shall be
 made available to the person submitting
 the request under this section: provided
 that upon request of the owner or
 operator, the Commission or Committee
 shall withhold from disclosure the
 location of any specific chemical
 identified in the Tier II form.

 Subpart D—Inventory Forms

 §370.40  Tier I Emergency and Hazardous
 Chemical Inventory Form.
   (a) The form set out in paragraph (b)
  of this section shall be completed  and
  submitted as required in § 370.25(a).
   (b) Tier I Emergency and Hazardous
  Chemical Inventory Form.

  BttUNO CODE H20-60-M

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                   Federal Register /  Vol  52. No.  17 / Tuesday. January 27, 1987 /  Proposed Rules
                                                    2845
 _.               EMERGENCY AND HAZARDOUS
 Tier  One   CHEMICAL  INVENTORY
                   Aggrtget* Information by Hazard Typt
                                                                                             Page
                                                                                                         of
  FOR
OFFICIAL
  USE
  ONLY
   Oat
Important  Read instructions before completing form
   Reporting P«rlod
                                                                                                                31  19
Facility Identification
••Jama
S
;„-, A«r...


CCoo.| | | | | |
Emergency Contacts


Dun & Brae
N
Owner/Operator
Mama

lumoarl 1 1 -| 1 1 H 1 1 1 .1
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Physical Hazard
Health Hazard
-n-.' '
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  •o"-« ano official "«• o> o«in«r or ownar • auinoniaa raor*««niaii»«

' Reporting  Range   Weight Range m Pounds
   Ranges  Value   From .	~o  •
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               06
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99.999 999
499.999.999
999 999 999
higher than 1 bOion

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2846
Federal Register / Vol. 52. No. 17 / Tuesday. January 27.1987 / Proposed Rules
                                              TIER ONE INSTRUCTIONS
                                                GENERAL INFORMATION  ^	^	


         Submission of this form Is required by Till* III ol the Supertund Amendments end Reauthorlzailoo Act ol
         1986. Section 312. Public Law 99-499.
         The purpose of this form Is to provide State and local
         officials and the public with Information on the general
         types  and locations of hazardous chemicals present at
         your faculty during the past year.


         YOU MUST PROVIDE ALL INFORMATION RE-
         QUESTED ON THIS PORM.
            .. 	 —  	 -   ff "    '     f.           •   ?t y
            You may substitute the Tier Two form for tWsTTfer
            One term. (The Tier-Two lorm'provides detailed, „
            information and must be submitted-to response^lo
            a specific request from State or local officials.). -,,
            f  '•• ..'+*** *• 'i' v  T            '  ,* ^ '.+..•
         WHO MUST SUBMIT THIS FORM
         Section 312 of Title III requires that the owner or opera-
         tor of a faculty submit this form If. under regulations Im-
         plementing the Occupational Safety and Health- Act of
         1970. the owner or operator Is required to prepare or
         have available Material Safety Data Sheets  (MSDS) for
         hazardous chemicals present at the facility. MSDS re-
         quirements are specified m the Occupational Safety and
         Health Admwtotratton (OSHA) Hazard Communtoatton
         Standard, found m Title 29 of the Code of Federal Regu-
         lations. Section 1910.1200.


         WHAT CHEMICALS ARE  INCLUDED
         You must report the Information required on this form for
         every hazardous chemical for which you are required M
         prepare  or have  available an MSDS under the Hazard
         Communication Standard.

         OSHA regulations and Title III exempt some chemicals
         from reporting.   The combined Hst  of exceptions In-
         cludes:

         I  Any food, food additive, color additive, drug, or cos-
            metic regulated by the Food and Drug Administration.

         2 Any substance to the extent tt Is used for personal.
            family, or  household purposes, or Is present In the
            same form and concentration as a product packaged
            for distribution and use by the general public.

          3 Any substance to the extent It l» used In a research
           ' laboratory or a hospital or other medical faculty under
            direct supervision of a leclmtoalhr quaWted Individual.

          4  Any substance to the extent ft Is used In routkw agrt-
            ' cultural operations or Is a fertilizer held  for sale by a
             retailer to the ultimate customer.
                                             5. Any hazardous waste such Is  defined by the Sofld
                                               Waste Disposal Act as amended (42 U.S.C. 6901
                                               etsoq,).
                                             6. Tobacco or tobacco products.

                                             7. Wood or wood products.

                                             B Articles which are manufactured hems.

                                               • Formed to a specific  shape  of design during
                                                 manufacture:
                                               e With end use functions dependent In whole or hi
                                                 part upon the shape or design during end use:
                                                 and
                                               e Which do not release, or otherwise result •» ex-
                                                 posure to a hazardous chemical under normal
                                                 conditions of use.
                                             Also, minimum reporting thresholds have been estab-
                                             lished under Tttle III. Section 30 You do not need to re-
                                             port any hazardous chemical which has not been present
                                             at your facility at any time during the year at or above
                                             the levels Isted below:
                                                • en or before October 17. 19«7....10.000 to*.

                                                eon or before October 17. 1966....500 fcs.

                                                e on or before October 17. 1989....0 toe.

                                              WHEN TO SUBMIT THIS FORM
                                              Beginning March 1.1988. owners or operators must sub-
                                              mtt the Tier One form (or substitute the Tier Two form)
                                              on or before March 1. of every year.

                                              WHERE TO SUBMIT THIS PORM
                                              One completed Inventory form must be sent to each of
                                              the fottOMdng:
                                               1. Your State emergency planning commission.

                                               2. Your local emergency planning committee.

                                               3. The fire departments with fcjrisdlotkxi over your
                                                 facility.


                                               Any owner or operator of a fadtty who fab tOMMrft «
                                               BUDDBes false Tier One Information shall be liable to the
                                               United States for a elvi penalty of up to $25.000 for each
                                               such violation. Each day * violation continues  shad con-
                                               stitute a separate violation. In addition,  any citizen may
                                               commence a cM action on Ns or her own behalf against
                                               any owner or operator who faBs to submit Tier  One Infor-
                                               mation.

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            Federal Register / Vol. 52. No. 17 / Tuesday. January 27. 1987 / Proposed Rules
                                                                      2847
                                             INSTRUCTIONS


 Please read these Instructions carefully.  Print or type all responses.
                                                                                  Mtf -M-lftA* t, * hfclt , ' •    V . «. «w
   You may use the Tier Two form as a worksheet for
   completing Tier One. Fining In the Tier Two     -   -
   •Chemical Information* section should help you '
   assemble your Tier One responses.


 If your responses require more than one page. fM In the
 "Page Number' information at the top of the form

 REPORTING PERIOD
 Enter the appropriate calendar year. beginning January 1
 ana ending December 31

 FACILITY IDENTIFICATION
 Enter the complete name of your faclNty  (and company
 Identifier where appropriate)

 Enter me fun street address, state road, or other appro-
 priate Identifiers which describe the physical location of
 your facility (e.g  longitude and latitude)  Include city,
 state, and zip code

 Enter the primary Standard Industrial Classification (SIC)
 Code and the Dun and Bradstreet Number for your fa-
 cility
OWNER/OPERATOR
Enter the owner's or operator's full name
dress and phone number.
mailing ad-
EMERGENCY CONTACT
Enter the name, title and work phone number of at least
one person who can provide emergency Information on
locations and types of chemical hazards at your faculty.

Provide an emergency phone number where such emer-
gency chemical Information will be available 24 hours per
day. every day

PHYSICAL AND HEALTH  HAZARDS...
Descriptions,  Amounts and Locations
This section requires aggregate Information on chemi-
cals by hazard categories as defined In the OSHA Hazard
Communication Standard-. 29 CFR 1910.1200. For each
hazard type. Indicate the total amounts and general lo-
cations of an applicable chemicals present at your faculty
during the past year.
. • What units should I use?

   Calculate all amounts  as weight In pounds. To
   convert  gas or  liquid volume to  weight  In
   pounds, multiply by an appropriate density fac-
   tor

 • What about mixtures?

   M a chemical Is part of a mixture, you have (ne
   option of reporting either the weight of the en-
   tire mixture or only the portion of the  mixture
   which Is a particular hazardous  chemical, (e g.
   If a hazardous solution weighs  100 bs. but  is
   composed only 5% of a  particular hazardous
   chemical, you can Indicate either 100 Ibs or 5
   B>s of the substance).

   The option selected should be  consistent with
   your reporting of the chemical on the USDS, or
   list of MSDS chemicals under Section 311.

 • Where do I count • chemical which Is 'Ex-
   plosive', 'Corrosive.' and a  'Carcinogen'?

   Add the chemical's weight to your totals for ail
   three  hazard categories,  and Include Its loca-
   tion   m  all three categories  as well   Many
   chemicals fan Into more than one hazard cate-
   gory,  which results In double-counting.
               MAXIMUM AMOUNT
               The amounts of chemicals you have on hand may vary
               throughout the year. The peak weights — greatest single
               day weights during the year ~ are added together In this
               column to determine  the  'maximum weight* for each
               hazard type. Since the peaks for  different chemicals
               often occur on different days, this 'maximum amount*
               will seem artificially high
               .  To complete this and the following sections, you may
               . choose to use the Tier Two form as a worksheet.   .
               ••-  *r.   ----     -•  ,            -,-      '.   '   '  '•

               To determine the 'Maximum Amount:*

               1. List at of your hazardous chemicals Individually

               2. For each chemical...

                  a. Indicate al physical and health hazards that
                     the chemical presents. Include all chemicals
                     even If they are present only for short peri-
                     ods of time during the year.

                   b Estimate the maximum weight In pounds that
                     was present at your faculty on any single
                     day of the reporting period.

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2848
                 Federal Register / Vol. 52. No. 17 / Tuesday. January 27.1987 / Proposed Rule*
    For each hazard type — beginning with 'combusttote
   liquids* and repeating for all physical and hearth haz-
   ard types ..

    a  Add the maximum weights of aU chemicals
       you Indicated as the particular hazard type

    b  Look at the Reporting Ranges at  the bottom
       of the Tier One form  rind the appropriate
       "range value"  code

    c.  Enter this "range value" In the boxes labelled
       "Maximum Amount "
                     EXAMPLE:
     You are using the Tier Two as a worksheet
     and have listed raw weights m pounds for each
     of your hazardous chemicals > You have
     marked an X m the Corrosive hazard column
     for phenol and sulfurlc acid. The •Maximum
     Amount" raw weights you listed were 10.000
     Ibs and 50 Ibs. respectively   You add these
     together to reach a total of 10.050 Ibs.  Then
     you look at the "Reporting Ranges'  at the
     bottom of your Tier One form and find that
     the value 03 corresponds to  10.050 Cos. Enter
     03 as your 'Maximum Amount' for  Corrosives

     You also marked an X In the Combustible and
     Highly Toxic hazard boxes for phenol. When
     you calculate your  'Maximum Amount' totals
     for these additional hazards, add the 10.000
     Ib weight again.
AVERAGE DAILY AMOUNT
This column should represent the average datty amount
of chemicals ol each hazard type that ware present at
vour facility at any point during during the year.

To determine this amount:
1  List all of your hazardous ctv
   as for Maximum Amount).

2  For each chemical...
                           rdeals IndMduaDy (
                                            that
 a. Indicate a« physteal and health hazards
    the chemical presents (same as for
    mum Amount).

    Since some chemicals  may be  present only
    for short periods of time, the average for the
    year may seem artificially low.

  b Estimate the average weight In pounds that
    was present at your facility throughout the
    year. To do this, total  all dally weights and
    divide by 365. or total all monthly weight* and-
    divide  by 12 —  or  use other calculations
    which reflect an average for the entire year.

For each hazard type — beginning wtth Combustible
Liquids and repeating for all  physical and health haz-
ards...

 a. Add the  average weights of all chemicals
    you Indicated for the particular hazard type.
                                                         b.
                                                             Look at the Reporting Ranges at the bottom
                                                             of  the Tier One form.  Find the appropriate
                                                             'range value* cods.

                                                          c  Enter this "range value* In the boxes labelled
                                                             •Average OaBy Amount *
                                                                          EXAMPLE:

                                                          You are using the Tier Two form, you have
                                                          marked an X In the Highly Toxic hazard column
                                                          for nicotine and phenol.  The average dally
                                                          weights you tasted were 1.000 Ibs. and 200 KM .
                                                          respectively. You add these together to reach
                                                          a total of 1.200 Ibs.  Then you look at the
                                                          Reporting Ranges on your Tier One form and
                                                          find that the value 02  In  corresponds to  1.200
                                                          Ibs   Enter 02 as your 'Average Daily Amount"
                                                          for Highly Toxic Substances.

                                                          You also marked  an X hi the Combustible and
                                                          Corrosive hazard columns for phenol.  When you
                                                          calculate your 'Average Daily Amount* for
                                                          these additional hazards, use the 200 Ib. weight
                                                          again
                                                      GENERAL LOCATION
                                                      Enter the general location wtthki your faeBty
                                           eh
                                                      hazard may be found. 'General* locations should Include
                                                      the names or identifications of buildings, tank fields, lots.
                                                      sheds  or other such areas.

                                                      For each hazard type, list the locations of afl applicable
                                                      chemicals. As an alternative you may also attach a site
                                                      plan and 1st the site coordinate* related to the appropri-
                                                      ate locations  If you do so. check the 'site plan* box at
                                                      the top of Column D.
               EXAMPLE:

On your worksheet you have marked and X In
Flammable hazard column for acetone and
butane. You noted that these are kept In steel
drums  In Room C of the Main Budding, and In
pressurized cylinders In Storage Shad 13.
respective*.  You eoutt enter -Main BuMng
and Storage Shed 13* ae the -General
Locations* of your Ftammabte Hazards. How-
ever, you choose to attach a stte plan and
1st coordinates. Check the 'site plan* box at
the top of the column, and enter sna coord-
(nates for the Mam Building and Storage Shed
13 under "General Locations.*
                                                         If you need- more space to 1st locations, attach an addi-
                                                         tional Tier One form and continue your list on the proper
                                                         line.

                                                         CERTIFICATION
                                                         This must be completed by the owner or operator, or the
                                                         officially designated representative of the owner or op-
                                                         erator . Enter your full name and official title.  Sign your
                                                         name and enter the current date.
BIU
     «0 COPE

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              Federal  Register / VoL 52. No~17 / Tuesday. January, ffl, 1987 /• Proposed Rules	2849
§370.41  Ttor II Emergency and Hazardous
Chemical Inventory Form.
  (a) The form in paragraph (b) of this
section must be completed and
submitted to EPA as required in
§ 370.25(c).
  (b) Tier 11 Emergency and Hazardous
Chemical Inventory Form.
BltUra CODE 8560-M-U

-------
Tier Two
EMERGENCY
AND
HAZARDOUS
CHEMICAL
INVENTORY
Specific
Information
by Cntmical

filial *et»p
                                                                                                                                                                                      o
                                                                                                                                                                                      n>
                                                                                                                                                                                      ca
                                                                                                                                                                                      I
                                                                                                                                                                                      "5T
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                                                                                                                                                                                      N
                                                                                                                                                                                      8
                                                                                                                                                                                      m
                                                                                                                                                                                      Q.
                                                                                                                                                                                      2

-------

Tier Two
EMERGENCY
AND
HAZARDOUS
CHEMICAL
INVENTORY
Specific
Information
by Cntmical

Facility Identlllcatlon Owner/Operator


«l 1 1 1 1 1 SSn.V-,.1 1 M 1 1 N 1 1 1 1 P.-,
Important: Read all instruction* before completing form Reporting Period From January i loDacamu
Confidential Location Information Sheet
Cham
CAS.I 1 1
Cham
CAS.I 1 1
Cham
CAS.I 1 1
Cham
CAS.I 1 1
Cham
*!._•.
CAS.I 1 1
Cham
CAS.I 1 1
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CAS.I 1 1
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CAS. | | |
Cham
NaTtt
CAS.I 1 1
Cham
CAS.I 1 1

'1 1 II 1 1

1 1 II 1 1

mam

"i i n i i

i M n 1 1

innm

i i M 1 1

mam

m LJI 1 1

xnm
Certification (Head and iign ajttr completing all ttalotu)
I cuitiry undor pendiiy oll.iwin.il I hdvo nnrwnally •naminad and am familiar with the intonation mummed m Ihn and all allacnad documanii ai
on my inquiiy ot Ihow inoioidijdli immoauialy rasponsiDIa lor obtaining lha inhumation, 1 oelwva that lha lubmillad Inlormatlon It tiua. accuala i
Ndma Jina cl'icul I'l'e i.l ..wner Jf C* •••• s i..ti»..--ildti»a SujnJ'uia C1*1* S»|"wJ

Emergency Conuott
Till.
r-fl-t 1 '
24 Hour/Dlv ,
PBona Nurnbar 1 1
ir SI. t«
Location:
Confidential
JIM Location Storage Cod.j
l . ] C • ) ( • J

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Attachments (CHick one)
ind'ranviaTa O 1 hava allaehad a ma plan
r~| l n.ive dttachad a lit! o> ma


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28S2
Federal Register / VoL 52. No. 17 / Tuesday. January 27.1987 / Proposed Rules
                                             TIER TWO INSTRUCTIONS
                                               GENERAL INFORMATION
        Submission ol this Her Two form (when requested)  Is required by TlUe IU of the Superfund Amendments
        and Reauthorlzatlon Ac* of 19«6. Section 312. PubMe Law 99-499. The purpose ol this Tier Two form Is te
        provide State and local officiate and the public with  specific Information on hazardous chemicals present
        at your facility during the  past year.
        YOU MUST PROVIDE ALL INFORMATION RE-
        QUESTED ON THIS FORM TO FULFILL TIER TWO
        REPORTING REQUIREMENTS.

          Thls-tona may also be used as A worksheet for eonv*
          plating the Tier One form, or may be submitted In
          place of the Tier One fopn.
                  *      TT      —

        WHO MUST SUBMIT THIS FORM
        Section 312 of Title III requires that the owner or opera-
        tor of a facility submit this Tier Two formtf so requested
        by  a  State emergency  planning  commission,  a local
        emergency planning  committee,  or  a are department
        with Jurisdiction over the facility.

        This request may apply to the owner or operator of any
        facility that Is required,  under regulations Implementing
        the Occupational Safety  and Health Act of 1970. to pre-
        pare or have available  a Material Safety Data Sheet
        (MSDS) for a hazardous chemical present at the facility.
        MSDS  requirements)  are specified In the Occupational
        Safety and Health Administration (OSHA)  Hazard Com-
        munications Standard, found In Title 29 of the Code of
        Federal Regulations at Section 1910.1200.

        WHAT CHEMICALS ARE  INCLUDED
        You must report the Information required on this form for
        each hazardous chemical for which a request for Tier •
        Information Is made.

        The OSHA regulations and Title IH exempt some chemi-
        cals from reporting. The combined list of exceptions In-
        clude.
        1   Any food, food additive, color additive,  drug, or cos-
           metic regulated by the Food and Drug Administration.

        2  Any substance to the extent It Is used for personal.
           family, or  household  purposes, or Is present In  the
           same form and concentration as a product packaged
           for distribution and and use by the general public.

        3. Any substance to the extent it is used In a research
           laboratory or a hospital or other medical facility under
           direct supervision of a technlcaly qualified Individual
                                            4. Any substance to the extent It Is used In routine agri-
                                               cultural Derations or Is a fertilizer held for sale by a
                                               retailer to the ultimate customer.

                                            5. Any hazardous waste such Is defined by  the SoDd
                                               Wast* Disposal Act as amended (42 U S.C. 6901.
                                               etseq.).

                                            8. Tobacco or tobacco products.

                                            7. Wood or wood products.

                                            8. Articles which are manufactured Kerns.

                                               • Formed to a specific shape of design during
                                                manufacture;
                                               • Wtth end use functions dependent hi whole or  In
                                                part upon the shape or design during end use:
                                                and
                                               e Which do not release, or otherwise result In ex-
                                                posure to a  hazardous chemical under normal
                                                conditions of use.

                                            A requesting official may Hmtt the responses required un-
                                            der Tier  Two. by specifying particular chemicals  or
                                            groups of chemicals.

                                            WHEN TO SUBMIT THIS FORM
                                            Owners or operators must submit the Tier Two form to
                                            trie requesting agency within 30 days of a written request
                                            from an authorized official

                                            WHERE TO SUBMIT THIS FORM
                                            A completed Tier Two form must be sent to the request-
                                            big agency.

                                            PENALTIES
                                            Any owner or operator who violates any Tier Two report-
                                            big requirement*  shad be Hable «o the United States for a
                                            dvB penalty of up to S25.000 for each such violation.
                                            Each day a violation continues ehafl constitute a separate
                                            violation.

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           Federal Register / Vol. 52. No.  17 / Tuesday. January 27. 1987 / Proposed Rules
                                                      2853
                                           INSTRUCTIONS


Please read these Instructions carefully. Print or type all responses
  You may use the Tier Two form as a worksheet for
  completing the Tier One form.  Filling In the Tier
  Two 'Chemical Information* section should help you
  assemble yourTier One Responses

If your responses require more than one page, fill In the
•Page Number' Information at the top of the form

REPORTING PERIOD
Enter the appropriate calendar year, beginning January 1
and ending December 31

FACILITY IDENTIFICATION
Enter the full name of your facility land company identi-
fier where appropriate)

Enter the full street address  state road, or other appro-
priate Identifiers which describe the physical location of
your facility  (eg. longitude  and latitude). Include  city.
state, and zip code.
Enter the primary Standard industrial Classification (SIC)
Code, and the Dun and  Bradstreet Number for your fa-
cility.

OWNER/OPERATOR
Enter the owner's or operator's fufl name mailing ad-
dress and phone number

EMERGENCY CONTACT
Enter the name, title and work phone number of at least
one person who can provide emergency Information on
locations and types of chemical hazards at your facility

Provide an emergency phone number where such emer-
gency chemical Information will be available 24 hours per
day, every day

CHEMICAL INFORMATION...Description.
Amounts,  Hazards, and Locations
The main section of the Tier Two form requires specific
Information  on  amounts  and  locations of hazardous
chemicals, as defined m the OSHA Hazard Communica-
tions Standard
  • What units should I use?

    Calculate all amounts as weight m pounds  To
    convert  gas or  liquid volume to weight  In
    pounds  multiply by an appropriate density fac-
    tor.

  • What about mixtures?

    if a chemical Is part of a mixture, you have the
    option of reporting either the weight of the en-
    tire mixture or only the portion of the mixture
    which Is  a particular hazardous chemical  |e g.
    If a hazardous  solution weighs 100 Ibs. but Is
    composed only 5% of a particular hazardous
    chemical, you can indicate either  100 Ibs or S
    bs of the chemical)

    The option selected should be consistent with
    your reporting of the chemical on the  MSDS. a
    list of MSDS chemical under Section 311
CHEMICAL DESCRIPTION
1. Enter the chemical name or common name of each
  hazardous chemical
2 Enter  the
  (CAS*)
              Chemical  Abstract  Service  Number
  If you are wftholdmg the name of a chemical In ac-
  cordance with criteria specified m Title U. Section
  322. enter the generic chemical-claw (e.g.. Bet
  toluene dtaocynate.as organic.laocynate.)     •'  .

3. Circle  ALL  applicable descriptors- pure or mixture.
   and solid, liquid or gas
                   EXAMPLE:

    You have pure chlorine gas on hand, as well as
    having two mixtures which contain liquid
    chlorine  You write 'chlorine' and enter the
    CAS*, then you circle 'pure' and 'mix' —
    as weR as kq. and gas.
                                                       MAXIMUM AMOUNT
                                                       1 . For each hazardous chemical, estimate the greatest
                                                         amount present at your faculty on any day during the
                                                         reporting period.
                                                       2. Find the appropriate 'range value' code In Table I
                                                       3 Enter this value as the 'Maximum Amount.'

-------
                  Federaa Regwter / Vol. 52. No. 17 / Tuesday. January 27.1987 / Proposed Rules
 Table I
 "REPORTING RANGES'
 Range
  Value

     00
     01
     02
     03
     04
     05
     06
     07
     OB
     09
     10
Weight Range In Pounds
From         To.
0
100
1000
10.000
100.000
1.000.000
10.000.000
50.000 000
100.000.000
500.000.000
1 biHton
99
999
9.999
99.999
999.990
9.999.999
49.999.999
99.999.999
499.999.999
999.999.999
tagher than 1 bUUon
 If you are using this form at- a worksheet for com*.,,
 pletlng Tier One. eater the actual weight In pounds ,'
 in the shaded apace betow the response blocks. Do~<
 this for both  'Maximum Amount* and 'Average'  •  ?
 Daily Amount.*   -                            ••' •*
                EXAMPLE:

You received one large shipment of a solvent
mixture last year. The shipment filled your 5.000
gallon storage tank. You know that the solvent   .
contains 10% benzene, which Is a  hazardous
chemical.                                    *

You figure that 10% of 5.000 gallons Is 500
gallons. You also know that the density of
benzene Is  7.29 pounds per gallon, so you
multtply 500 by 7.29 to get a weight of 3.645
pounds.

Then you look at Table I and flnd that the      \
•range value* 02 correspond-; to 3.645. You   -
enter 02 as the 'Maximum Amount'.

(If you ware uemg the form ae a worksheet for  :
completing a Tier One form, you would have    ,
written 3.645 m the shaded area.)
AVERAGE DAILY AMOUNT
1.  For each hazardous chemical, estimate the average
   weight In pounds that was present at your facility dur-
   ing the year

   To do this, total all daffy weights and etaride toy MS. or
   total  all monthly weights and divide by 12 — or wee
   other calcutatoons which .-effect an average tor the en-
   tire year.

   (Since some chemicals may be present only tor short
   periods of time, the average for the year may seem
   artificially low)

2  Find the appropriate 'range value* In Table I.

3  Enter this value as the 'Average Dally Amount.
                                                                       EXAMPLE:

                                                        The 5.000 gallon shipment of solvent you re-
                                                        ceived was gradually used up during the year
                                                        You measured the level each month and re-
                                                        corded 12 monthly levels- 5000.4500.4200.      -
                                                        3900. 3500. 3200.  2800.2300.2100. 1900,      J
                                                        1200. and BOO gallons.                       \

                                                        When you add al 12 measurements, you reach  ;
                                                        a total of 35.400 gallons. You divide the total by '
                                                        the number of measurements (12) to get an
                                                        average of 2.950 gallons.                    ~f

                                                        You already know that the solvent contains 10%
                                                        benzene, which is a hazardous chemical. Since  .
                                                        10% of 2.950 is 295. you figure that you had an
                                                        average of 295 gallons of benzene. You also
                                                        know that the density of benzene Is 7.29 pounds '
                                                        per gallon, so you multiply 295 by 7.29  to get
                                                        a weight of 2.150 pounds.                    %

                                                        Then you took at Table 1 and find that the     1
                                                        •range value' 02 corresponds to 2.150. You
                                                        enter 02 as the 'Maximum Amount*.           {

                                                        (If you were using the form as a worksheet for  j
                                                        completing a Tier One form, you would have
                                                        written 2.150 In the shaded area.)            '•
                                                        PHYSICAL AND HEALTH HAZARDS
                                                        For each chemical you have listed, check aB the physical
                                                        and health hazard boxes that apply. These hazard cate-
                                                        gories are defined In the OSHA Hazard Communteattan
                                                        Standard.  29 CFR  1910.1200.
                                                                     i«denttai ehemtoal toeattane ki thle column.
                                                                        i typam/condWane associated weft each
                                               LOCATION
                                               List all non-oi
                                               along with
                                               location.

                                               1. Attachments: Attach one of the following.
                                                 the appropriate 'Attachment*' box at the bottom of
                                                 the Tier Two form.

                                                  a. A  Slta Plan with 'site coordinates' Indicated
                                                     for buildings, tots, areas,  etc. throughout
                                                     your facility.

                                                  b. A  Ust of 'Site Coordinate"  Abbreviations
                                                     which correspond to buddings. Iota, areas.
                                                     etc. throughout your faculty. Use abbrevia-
                                                     tions that are three letters or less.

                                               2. Site Location: For each chemical...

                                                   a  Main location— Enter appropriate 'site co-
                                                     ordinates* or abbreviations to front of the
                                                     brackets.

                                                   b. Sub-location--  Enter  the room,  or  area
                                                      (within the bunding or lot. etc.) within the
                                                     brackets.

                                               If you have more than one bunding, lot. or area location.
                                               continue  your responses down the page as needed.

-------
                   Federal Register / Vol. 52. No. 17 / Tuesday. January 27.1987  / Proposed Rules
                                                                                                           2855
                    EXAMPLE.

      You have benzene In the main room of the
      main budding, in tank 2 In tank field 10. and
      in the back corner of the warehouse   You
      attach a site plan with coordinates as follows
      mam building = 8-6  and warehouse  = R-16
      You fill in the "Site Location' as follows
                                                        Table III
                                                        "TEMPERATURE AND PRESSURE CONDITIONS-
                  G-2 [Main Room]

                 "B-6'i"Tank"2""T
      Since you need more room for the warehouse
      location use the next line down on the form
      (rather than using that Ime for a different
      chemicai) and enter
                                            CODES


                                                 1
                                                 2
                                                 3


                                                 4
                                                 S
                                                 6
                                                 7
           Storage Conditions
            (PRESSURE)
            Ambient pressure
            Greater than ambient pressure
            Less than ambient pressure

            (TEMPERATURE)
            Ambient temperature
            Greater than ambient temperature
            Less than ambient temperature
            Cryogenic conditions
                    P-16
             J	)_
             "(rear)"
 3 Storage  Next to each location you have listed (build-
   Ing and room, etc ) Indicate the types and conditions
   of storage present

     a. Look at Table II  For each location, find the
       appropriate  'Storage Typo(s).'  Enter the
       corresponding eode(s) In front of the paren-
       theses

     b Look at Table HI  For each storage type, find
       the'Temperature and Pressure Conditions'.
       Enter the corresponding code within the pa-
       rentheses

 Table II
 "STORAGE TYPES"
                    EXAMPLE:

    The benzene m the main bidding is kept In a
    tank Inside the building, at ambient pressure
    and less than ambient temperature.

    Table II shows you that the code for a tank
    Inside a building Is C.  Table III shows you that
    code for ambient pressure Is 1. and the code
    for less than ambient temperature Is 6.

    Next to the 'Site Location* YOU enter-
                                                            C_ildLJL'JL  _
                                                                (  .  I  ( 7) "
                                                Your complete Location response for the Main
                                                Building storage location looks like this.
                                                   G-2  (Main Room]
                                                       .---
                                                                           '1  . )
 CODES
     A
     B
     C
     D
     E
     F
     G
     H
       I
     J
     K
     L
     M
     N
     O
     P
     Q
     R
Types of Storage
 Above ground tank
 Below ground tank
 Tank Inside building
 Steel drum
 Plastic or non-metallic drum
 Can
 Carboy
 SUo
 Fiber drum
 Bag
 Box
 Cylinder
 Glass bottle* or Jugs
 Plastic bottles or Jugs
 Tote bin
 Tank wagon
 Rail car
 Other
4Jnder THto III. Section 324. you may elect to-wlthold lo-
cation Men nation on a epeciHc-chamlcaJ-from -disclosure
to the public  If you choose to do eo:

   • Leave  the Non-Con/iOenUal Location section
    blank tor each confidential location you claim
   • Attach e Tier Tw& Confidential Location infor-
    mation Sheet. (This sheet to designed to sepa-
    rate confidential locattone from the disclosure
    of other Information to the public) .

   e Enter the name and CAS* of eaen 'confiden-
    tial' chemical.

   • Enter the appropriate location ami storage in-
    formation. (ae described far non-confidential
    locations •
                                                        CERTIFICATION.
                                                        This must be completed by the owner or operator, or the
                                                        officiary designated representative of the owner or op-
                                                        erator Enter your fufl name and official title  Sign your
                                                        name and enter the current date
[FR Doc. 87-1626 Filed 1-26-87.8:45 am)
MUJNO CODE esto-so-c

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-------
Tuesday
February 17, 1987
Part II


Department of

Transportation

Research and Special Programs
Administration

49 CFR Parts 171 and 172
Hazardous Substances; Corrections

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          Federal Register / VoL 52.


DEPARTMENT OF TRANSPORTATION

Research and Special Programs
Administration

49 CFR Parts 171 and 172

(Docket No. HM-145F. Amdt No*. 171-90.
172-108]

Hazardous Substances; Corrections

AGENCY: Research and Special Programs
Administration (RSPA), Department of
Transportation (DOT).
ACTION: Final rule; corrections.	

SUMMARY: This document corrects errors
in the regulatory text of a final rule
issued under Docket HM-145F.
Amendment Numbers 171-40 and 172-
108. entitled Hazardous Substances,
which was published in the Federal
Register on Friday. November 21.1988
 [51 FR 42174]. This document also
 authorizes the use of "D" numbers to
 identify EPA unlisted hazardous wastes
 which exhibit "ICRE" characteristics.
 FOR FURTHER INFORMATION CONTACT:
 Lee Jackson. (202) 366-4488 or George
Cushmac. (202) 366-4545. Office of   -
 Hazardous Materials Transportation.
 RSPA. Washington. DC 20590. Questions
 about hazardous substance designations
 or reportable quantities should be
 directed to the EPA. Call the RCRA/
 Superfund hotline at (800) 424-9346. or.
 in Washington. DC, (202) 382-3000.
 SUPPLEMENTARY INFORMATION: On
 November 21.1986. RSPA amended the
 Hazardous Materials Regulations (HMR)
 •by  incorporating into the HMR. as
 hazardous materials, all substances
 designated as hazardous substances
 under the Comprehensive
 Environmental Response. Compensation
 and Liability Act of 1980 (CERCLA).
 This action was necessary to comply
 with the Superfund Amendments and
 Reauthorization Act of 1986. In the final
 rule, hazardous substances and their.
  reportable quantities (RQs) were listed
  in  an Appendix to § 172.101. In addition.
  the final rule contained amendments
  making the HMR applicable to these
  hazardous substances. The effective
  date of that final rule was January 1.
  1987. However. RSPA published an
  amendment on December 24:1988 (51 FR
  46672) which extends that effective date
  to July 1.1987. to afford shippers
  sufficient time to comply with the rule.
  This amendment corrects the errors
  which appear in the regulatory text of
  that rule.
     Paragraph (d)(l)(i) of 5171.11 is
  revised to clearly indicate the correct
  format for adding additional descriptive
   information when the proper shipping
No.  31  /  Tuesday. February 17.  1987 /  Rules and  Regulations
name does not include the name of the
hazardous substance.
  Sections 171.12a(a)(3) and 172.102(e)
are revised to reference applicable
description requirements for hazardous
substances in §§ 172.203(c) and 172.324.
This corrects certain grammatical errors
and clarifies the application of
requirements. Editorially, paragraph (c)
of S 172.101 is amended by removing the
reference contained in this paragraph to
paragraph (b)(4). since the symbol "E"
no longer appears in Column 1 of the
Hazardous Materials Table. Further, the
spelling of the word "ignitibility" is
changed everywhere it appears in the
regulatory text so that the spelling of the
word is consistent with EPA's spelling
(i.e.. ignitability).
   In the Appendix to S 172.101 which
begins on page 42177. paragraphs 2. 3
and 4 of the introductory text to the List
of Hazardous Substances and
Reportable Quantities are revised for
clarity and to correct certain errors
which appeared upon publication. The
portion of paragraph 2 which appears on
page 42178 is revised to include
 reference to "K numbers" since waste
 streams are referenced by both "F' and
 "K" numbers.
   Several changes are made to the List
 of Hazardous Substances and
 Reportable Quantities. A few of the
 reportable quantities are changed (either
 raised or lowered) because of incorrect
 entries in the original list. Many of the
 broad generic categories of materials
 which appear on the list in upper case  •
 letters are removed from the list because
 there are no RQ's assigned to these
 categories. Also removed from each of
 these entries are the two asterisks (**)
 which reference a footnote that stated
 no RQ is being assigned to that
 particular generic or broad class. These
 entries and the footnote are removed
 because, by definition, a material must
 have a reportable quantity to be a
  hazardous substance. Several
  adjustments are made to certain entries
  on the list by revising, removing, or
  adding either the entire line entry or a
  portion of the entry. Some entries on the
  list are rearranged so they appear in
  correct alphabetical sequence.
    The symbols	and "@" are deleted
  from certain entries which appear on the
  list because either the exact name of the
   hazardous substance does not appear in
   the § 172.101 Hazardous Materials Table
   or the name of the synonym for the
   hazardous substance which RSPA
   added is inappropriate. The footnote at
   the end of the list which is referenced by
   the symbol	is removed because it
   refers to EPA requirements. This symbol
   is also removed from the entries
   "RADIONUCUDES". "Ferric dextran"
and "Iron dextran". The symbol "*"
which appears on the list after certain
"F' and "K" numbered wastes and at
the end of the list as a footnote is
removed because it is inappropriate.
The footnote represented by the symbol
"«" is revised to state explicitly that
solid metals which are in pieces whose
particle size is larger than 100
micrometers (0.004 inches) are not
hazardous substances under the HMR.
For convenience, the appendix to
{172.101 is reprinted in its entirety.
   On page 42195. paragraph (c) of
S 172.203 is revised to clarify when the
name or names of hazardous substance
constituents must appear in parentheses
on the shipping paper in association
with the basic description. On this same
 page, S 172.324 is revised for ease of
 understanding and to plainly state when
 the name or names of a hazardous
 substance constituent must be  marked
 in parentheses on a package having a
 capacity of 110 gallons or less. Changing
 each of these paragraphs removes the
 limitation contained in the final rule that
 made the requirement for additional
 information apply only to mixtures or
 solutions. It now applies to shipments of
 pure materials as well
   The use of EPA waste numbers to
 identify waste streams ("F1 and "K"
 numbers) was discussed in the preamble
 to the final rule (page 42175. column 2).
 For waste streams, the EPA waste
 number must be entered on shipping
 papers in association with the basic
 description [not... "in association
 with the proper shipping name." ...  as
  originally stated). The EPA waste
  number for the waste stream must also
  be marked on non-bulk packaging*
  (those of 110 gallons or less) in
  association with the proper shipping
  name.
    Since the final rule authorized the use
  of "F1 and "K" numbers to identify
  waste streams, many people have
  inquired about the acceptability of using
  "D" numbers to identify EPA unlisted
  hazardous wastes which exhibit "ICRE"
   characteristics. Upon consideration of
   these comments. RSPA agrees that the
   use of "D" numbers should be an
   authorized alternative to showing the
   letters "EPA" and the applicable ICRE
   characteristic. Therefore. RSPA is
   revising the appropriate sections of the
   rules text to allow the use of the terms
   "EPA ignitability" or "EPA corrosivity"
   or "EPA reactivity" or "EPA EP
   toxicity", as appropriate or use of the
   corresponding "D" number, as
   appropriate, on shipping papers in
   association with the basic description
   and as marking on non-bulk packagin
   (those of 110 gallons or less) in

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              Federal Register  /  Vol. 52. No. 31  /  Tuesday. February 17. 1987 /  Rules and Regulations
                                                                                                                  4825
   association with the proper shipping

   Administrative Notices
     Because the amendments adopted
   herein were mandated by the Superfund
   Amendments and Reauthorize (ion Act
   of 1988 (Pub. L. 99-499. October 17,
   1988). it has been determined that notice
   and public procedure are contrary to the
   public interest. No determinations have
   been made under the Regulatory
   Flexibility Act (5 U.S.C. 601. et sea.].
     Under the terms of "DOT Regulatory
   Policies and Procedures" (44 FR11034.
   February 28.1979). since these
   amendments are part-of an emergency
  rulemaking governed by a short-term
  statutory deadline, no determination has
  been made as to whether it is
  "significant".
    I certify that these amendments do not
  require preparation of an environmental
  impact statement under the National
  Environmental Policy Act (49 U.S.C
  4321. et seq.).
    Although the provisions of Pub. L 99-
  499 provide insufficient time for RSPA to
  perform the required analyses and make
  required findings under the applicable
  statutory, regulatory, and executive
  authorities, the agency is aware that
  amendments of such broad applicability
  may produce significant impacts on
  industry segments, a substantial number
  of which may be small enterprises.
   Because RSPA's role in regulating
  hazardous substances is directly tied to
  EPA's ongoing hazardous substances
  responsibility, primarily through the
  agency's determination of reportable
 quantities, amendments will be made to
 HMR as necessary to satisfy the intent
 of Congress expressed in Pub. L 99-499.
   In consideration of the foregoing, the
 following changes are made to Docket
 HM-145F [51 FR 42174. November 21.
 1986], Amendment Numbers 171-00 and
 172-108:

 PART 171-GENERAL INFORMATION,
 REGULATIONS. AND DEFINITIONS
   1. In 5171.11. paragraph (d)(l)(i) found
 in column 1 on page 42177 is correctly
 revised to read as follows:
  §171.11  Use of ICAO Technical
  Instructions.
    (d) • ' •
    (I)*'*
    (i) One of the following additional
  descriptions shall be entered, in
  parentheses, in association with the
  basic description on shipping papers
  and in association with the proper
  shipping name required to be marked on
  packages:
    (A) The name of the hazardous
  substance as shown in the appendix to
  § 172.101 of this subchapter, unless the
  proper shipping name required by the
  ICAO Technical Instructions already
  includes the name of the hazardous
  substance; or
    (B) For waste streams, the waste
  stream number; or
    (C) For wastes which exhibit an EPA
 characteristic of ignitability. corrosivity.
 reactivity, or EP toxicity. the letters
 "EPA" followed by the word
 "ignitability". or "corrosivity". or
 "reactivity", or "EP toxicity". as
 appropriate or the corresponding "D"
 number, as appropriate.
 •   •     •    •    »

   2. On page 42177. amendment number
 4. "(a)(3)(i) is revised to read as follows"
 is corrected to read "(a)(3) is revised to
 read as follows" and the correct
 paragraph is set forth below:

 8171.12*  Canadian shipments and
 packaging*
  . (a) '  '  '
  (3) When a hazardous material which
 is subject to the requirements of the
 TDG Regulations is also a hazardous
 substance.as defined in this subchapter,
 the additional description requirements
 for hazardous substances in
 §§ 17Z203(c) and 172.324 are applicable.
 •    •     •    •    •

PART 172-HAZARDOUS MATERIALS
TABLE AND HAZARDOUS MATERIALS
COMMUNICATIONS REGULATIONS

  3. The authority citation for 49 CFR
Part 172 continues to  read as follows:
   Authority: 49 U.S.C. 1803.1804.1805. and
  1808: Pub. L 99-499: and 49 CFR Pan 1. unless
  otherwise noted.

  1172.101  [Amended]

   4. In $ 172.101. paragraph (c) is
  amended by removing the reference to
  paragraph (b)(4).

   5. Beginning in the third column of
  page 42177, the appendix to {172.101 is
  correctly added to read as follows:

  Appendix to {172.101—Urt of Hazardous
  Substances and Reportable Quantities

   1. This appendix lists materials and their
  corresponding reportable quantities (RQs)
  which are listed or designated as "hazardous
  substances" under section 101(14) of the
  Comprehensive Environmental Response.
  Compensation, and Liability Act (CERCLA;
  Pub. L. 98-510). A material in this list is
  regulated as a hazardous material and a
  hazardous substance under this subchapter if
 it meets the definition of a hazardous
 substance in 1171.8 of this subchapter.
   2. Column 1 of the list, entitled "Hazardous
 substances", contains the names of
 hazardous substances. Elements and
 eompnnds are listed first in  alphabetical
 sequence. Following the listing of elements
 and compounds is a hating of waste streams.
 These waste streams appear on the list in
 numerical sequence and are referenced by
 the appropriate "P" or "K" numbers. Column
 2 of the list, entitled "Synonyms", contains
 the names of synonyms for certain elements
 and compounds listed in Column j. NO
 synonyms are listed for waste streams.
 Synonyms are useful hi identifying hazardous
 substances and in Identifying proper shipping
 names. Column 3 of the list,  entitled
 "Reportable quantity (RQf, contains the
 reportable quantity (RQ). in  pounds and  •
 kilograms, for each hazardous substance
 listed in Column 1.
  3. The procedure for selecting a proper
 shipping name for a hazardous substance  is
 set forth In {172.101(c)(9).
  4. A series of notes is used throughout the
 list to provide additional information
concerning certain hazardous substances.
These notes are explained at the end of the
list.
                                 LIST OF HAZARDOUS SUBSTANCES AND REPORTABUE QUANTITIES
AMfc«cM
                                                                       100(484)
                                                                     5000(2270)
                                                                      1000(454)
                                                                      1000 (454)
                                                                       1 (0454)
                                                                      1000(454)
                                                                       1(0454)
                                                                       1(0.454)
                                                                       100(48.4)
                                                                     8000(2270)

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4826       Federal  Register  / Vol  52. No.  31  /-Tuesday. February  17. \9S7j  Rules  and Regulations

                                  LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
                                                                                                                                5000(2270)
                                                                                                                                   10 (434)
                                                                                                                                5000(2270)
                                                                                                                                  100(454)
                                                                                                                                3000(2270)
Ante «od. fluoro-. Mdkn un
Acaoc Bat nwOunO) nn
                                                                                                                                 5000(2270)
                                                                                                                                   10 (4.54)
                                                               PropinanM*. 2-nydroxy-i
                                                                                                                                 5000(2270)
                                                                                                                                  100(454)
                                                                                                                                 5000(2270)
                                                                                                                                   1(0454)
                                                                                                                                 5000(2270)
                                                                                                                                  1000 (454)
                                                                                                                                   1(0454)
                                                                                                                                 6000(2270)
                                                                                                                                 5000 (2270)
                                                                                                                                   100 (45 4)
                                                                1 A3.4.10-101 Hi»rMnm 1,4.
                                                                M*
                                                                                                                                   100(454)
                                                                                                                                   1000(454)
 Mumtaun phnpNd* •
                                                                                                                                    1(0454)
                                                                                                                                   1000(454)
                                                                                                                                   1000(454)
                                                                                                                                    1(0454)
                                                                                                                                   100(454)
                                                                                                                                   1000(454)
                                                                                                                                    100(454)
                                                                Anrankm dktnmiM 9
  tmmonbm MfluoiU
  Aflvnortuni cvtiontfB *
                                                                                                                                  5000(2270)
                                                                                                                                   1000 (454)
                                                                                                                                  6000(2270)
                                                                                                                                    100(454)
  Amnonwn Ikiondi
                                                                 V«w*e *dd. •nmortun
                                                                                                                                   5000(2270)
                                                                                                                                   5000(2270)
                                                                                                                                    1000(454)
                                                                                                                                     100(454)
                                                                                                                                    1000(454)
   AMknony «MuOfkH *
                                                                  POLVCHUDRINATED BIPHENVLS (PC8»)
                                                                  POLVCHLORMATEO KPMENYU8 (PCS
                                                                  POLVCHU3RINATED BIPMENVIS (PC8a)
                                                                  POLVCHLORMATED OFHENVLB (KM
                                                                  POLVCHUORINATED BIPHENVLS (PCI
                                                                  POLVCHlOfflNATED BIPHENVLS (PCM)
                                                                  POLVCHUXWMTED BPHENVLS (PCS
   AfMricQU)
   AiMrtc(V)
                                                                                                                                    100(454)
                                                                                                                                  5000(2270)
                                                                                                                                  5000(2270)
                                                                                                                                  5000(2270)
                                                                                                                                  5000(2270)
                                                                                                                                    1000 (454)
                                                                                                                                  5000(2270)
                                                                                                                                      10 (4.54)
                                                                                                                                      10 (434)
                                                                                                                                      10(454)
                                                                                                                                      10 (4.54)
                                                                                                                                      10(454)
                                                                                                                                      10 (434)
                                                                                                                                      1(0454)
                                                                                                                                      1(0454)
                                                                                                                                    5000 (2270)
                                                                                                                                    5000(2270)
                                                                                                                                    5000(2270)

-------
   Afwia, dNMtlyt  ..
   Awanwia
   Azaianna..
   Azmphos methyl @
   Be«[|l
   Banzfclacndna
   Banzai cMonda.
   U-Banzanthncana
             .  .-
  Banzanamna. 4.4I-fnalhyl
  Banxenaimia. 2-flwtn*..
  Baruanaimia. 2-fnamyt-
  Oanzananima. 4-nrtra.
  Banzana •
  P*HMn*. CNOfllV .. „__
  BOTMnv, cMwufiiQihyi-
  Banzana, 1.2-4eMon>

  Banzana. U-AcMoro-

  Baraana. l.44cNon>

  Banzane. dfcMorome*
  Banzana. dram*
            m- ._

        .
 B«n»n«.
        .
        .  ,..-
 Bonn. mcMoronwtriyt.
 Bannn*. 1.3.5-mnrtr>

i.2-6«
Banzolalimnricana-.

Banzolblfluortnthana
Banzo(k)nuannmi
BanzoUklfluarana
BanzolgJuIpaiylana
Banzoiajpyrana .«..,
3.*>6anzopyrana . ..
P-Banzoounona ..._
Bat
Ij-amprMnunhana
Hnarfloui SuMinoa
	 	 • —
9 	 _. 	 	
• 2l0(iii!lmS!^J'<*one* •m^tHamnocartxinyltaiy
S.aa.eb.heKWiydro-aa^nemoxy-S-metfiy*.
*ana, 1.2<3-rnalhyl-
w. 7.12-*naBiyt. _ 	
•carDomiidurtja (NLN-dknathjU..
htoro-2-methyt.. hy*ochlonda
lartuBul 4 uHaiMain.
-
0lfttnV. nyVDCMBMta 1M
am*S*«n>--
IHO. 	 .. •
'<**•- -
on>_
on> _. 	 .
DID-
netfwi-. ._
MMtonnnliyL
ro- ._
o- ... '
2«4zntR> _. 	
lanadmy « aw .
'"*'l*<*wj*y ^ pfopaiijd ._«„..__ — -
laiwtay^propyl.
Una- - 	 — 1
r 	
«Ji^[£J*5?!^
«*te tad. dftuM aaar 	
lyle aod. dMnyl altar 	
y*c aod. dmmyl a«ar_
y.2-(mamyiainnoMM]- .
t entonoa 	 ~ ' 	 "~ 	
3Hm.t.i-dmii)a.andMlts 	
" " 	 	 	 — 	 ••
-n.:-™--™- — 	 	 	 	 j i
.__-.._._ 	 --" — -:-—---] .
. 	 	 , 	 i_zzz=di
S^n.
0-m»i»»n. 	 	 ._ 	
Banzaninwia. 4.4'»har»t mametn 0
l.r-Behamn-t^'dliinn.
Saeehun «ntf ult. . . M
iamtalanOmBinfi
Ptumntlitm .. " ' ~~ 	
L*Janmi»iana . 	 	
ianzaltlpvrana 	 ' — __
.4-CydonaiaOanadmii ._ 	 """ '
tanzana. Btchtoramath|il.
Raooruaia
Pound^KJogrtmi
1 (0454
1 (0454)
1(0454;
1 (0454)
• m 4S4|
1(0454)
1(0454)
10 (4 54)
1(0454)
1(0.454)
1(0454)
5000 (2270)
1(0464)
1(0454)
1(0454)
5000(2270)
1(0454)
1000(454)
1 (0454)
1 P454)
1 (0454)
1(0454)
1 (0454)
5000(2270)
1000 (454)
100(454)
100 (45 4)
100(454)
100 (45 4)
100 (45 4)
6000(2270)
100 (45 4)
1000(454)
1(0454)
1000(454)
1000(454)
1000(454)
1000(454)
1000(454)
1 (0.454)
1(0454)
1(0454)
6000 (2270)
1000 (454)
10 (4 54)
1(0454)
SOOO (2270)
1(0454)
10 (4.54)
1(0454)
6000 (2270)
1(0.454)
10(454)
1000 (454)
5000(2270)
5000(2270)
6000 (2270)
1000 (454)
100(454)
100(454)
100(454)
(0454)
(0454)
(0454)
(0454)
(0454)
100(454)
6000 (2270)
5000 (2270)
1 (0454)
1 (0454)
10(454)
1 (0454)
1000 (454)
1 (0454)

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482B      Federal Register  / VoL 52.  No. 31  / .Tuesday. February 17. 1987 / Roles and Regulations
LIST OF HAZARDOUS SUBSTANCES MO REPCCTABIE.QUANTITIE&— Contmued
Hazardou* Sutastanoe
Benzyl cttonde • ... -
Beryftum « 	
Barytun eMonde * 	
BaryOun dux) « 	
Beryaun Buonde • 	
Bary*un mrala * 	
dpfte • BHC 	
beta -BHC 	
#-"a - B"C. . .
2_r-Baor.ne 	
(l.r-BvhenyQ-M^d-vra
(i.r-BonenyO-M'-o-Bi-
Bls(2-cMofoeiKo«y) maai
B^2autyrlc
Cacody-caod 	
Cadnwm* 	
Cadmum kramda 	
CadmuncNonde 	
Cafcam cartitde • 	
Catoum enramate 	
Cataum eyanda * 	
Calriun dodecyfcenzer
CMMjni nypocMonM •
Carnpnana. octacr-ore-
Cagan- 	
Cattanac aori. methym
CarbaiaJda. N ethyl N >
Carbaryl • 	
Cartmoirv1 *
Carbon ImMde • 	
CMtxinic •od. tfthrfhi
Cvtion OKyQuoridc . -»•
CarbonylcMonde 	
CMoral 	
CNoroane* 	


Mr 	 ____________________
nettiyt- 	
m 0) "a 	 	 	
mamyl aalar 	


Barytkun du« ( 	 	 	
Uroane • 	 . 	 	 	 •
-jv-C-inai^-iiifcii 	 __ 	
Ptl-uiue«iyl anar _ 	 _ 	
PropvM. 2_" m|b-<2 	 _ 	
MeMna. Wbromo-. 	 _____
Strychndn-KVoM. 2J-dane*ap> 	
n-Bnlyt Moohtf • 	
ElM iMtfqfl baton* 9 — 	 •— i 	 •.••.—...—.
M OU
-------
Hazaidoua Subttanee
Chlorine •
Chtanne cyanide .. .. _
Chkmaphaime ... 	
CNoroacelaldenyde. .
P-Chkraanlme
4-CNoro-nvcreaol 	
P-Chtaro-m-eresol...
2-Chtoroethyl vinyl ethar
CWoroiorm • . . ...
Chloronie_i_r_i — 	
- • — — - — — 	
- . 	 	

Chtaremetliyl methyl ether 	
betaOtemnaphmalene.. _.
T f*t>lna«iii-iii»ie* ii* 	
20-mph--..
c-Chtorophanol 	 ,_..._
4Oiknpherwl ahanyl aHi-r
HoOtorephariyOthiouraa 	 — •-— —
CWoreei-torte add '~ ————_-_ __ 	
*HHMaaX*nm. iM-Bet-aml-
ChtonMntn.- 	
Chrome -ad- 	 	
Chrome add. oak-urn eat 	 	 ~ 	 "~~
Chrome -Jt-t. ""
Chramum * _ . .... --——---——-—————_—_____.
Chnjmeua cNprUa ______
Chryeena. .__ . " 	 	
Cobettoua tannaie 	 ' — 	 —
Coke Oven Em-a_ma__Ui: ~~ 	
Coumaphoa • 	 	
Cnamam 	 """ 	 	 	
Craada • 	 "™ 	
o-Graada. 	
POaao-i 	 "' 	 " - •
Cnarie mat — 	
nvCreaola 	
Crotonaldehyda • _
Cumene
Cuprie acetate. _ . 	
Cuprie aoaioBraante • 	
Cuprtc nitrate •
Cuprie palate 	 	
Cuprie curtate _ 	 _.. _
Cupnc aunate ammenatad 	
Cuprie tartrate. 	
Cvandea (sokiMe eyande aalta)
Cyanogen •
Cyanogen brornda •
Cyanogen (Monde • .. . .
1 .4-Cydohe-acfeenadcne
Cydohe-ane- 	 	
Cydoha-anone ..
Cyclophoiphamde 	 _
2.44 Eaten 	 _ ..
2.4-O*. aalta and aatara. _.
OOO .... _ . _
4.4--OOO 	
DOE. _ 	 _


i
i
1
Synonyms
Cyanogen chloride • 	
-• 2-Napnthyla— — ne. N.N l>if2-cnkim_itiyH. ....
Acelaldehyde. chtoro-
Benzenamna. 4-ttmnte,
D0il_n>nv_™_al 	
Phenol. 4^Mor_-3-mnhyt.
. Phenol 4*r_araAm_tty.
Ep«»ilorohy_nn'_ —
ECM chkyi_l_i ^i 	 	 	 -
J Etheno. J-chtoroomiwy. 	 • "
Uoth-iJ-n, rMnm. .. 	
M«nvt cMancto • _.... 	 "™ 	 — 	
Methane. ch__-rwi_-th.wy.
Naomh__._n_i. 2.cMnfn. "

nWllfiL mtmtfliatlx*
Thnuraa. (2n_n_ fy*~f^ ....
>6en_oo>in-M
2.4^) '. aato and eaten 	 . 	 '"
t.«^>chlorop*^_x^io-(3-arnr«)..J.6^ne»OJr-«tor_M.-rnr>
'»^gy^anDeyl)alr»^>J.BJ^Me-allyalu
-------
4A9D
Federal Register / Vol. 52. No. 31  / Tuesday. February 17, 1987 / Rules and Regulations
LIST OF HAZARDOUS SUBSTANO
Hazardou. Subalanca
4.4--DOE. 	
DOT • 	
DBBala 	
DiMnimiBliinna 	 _ 	
Oa_tan • 	
Dfcan-IUOaitthraeana 	 — —

I^Mfeanxapyfana 	
DtMRdaJ]p»rana 	
l_-C*romo*e«oa)propBne 	 	 — — 	
Dfeutyt pMhatata 	 — 	



aLS-OKnlonMHi.l-aniainyM^nipyniiOUaiiiaii-ila 	 —
DcNoabaraene (mbnd) 	 	 	
ij-DKMaiobaraena 	 	 	


*.tUnuiM-
.
3.rOchtorobera*ia 	 . 	
1.4-OicNon>2-butana 	 , 	
Pd-uru-Huoromethana • 	 . 	 	 	
Dchtondlphanyl dcMoroattiana 	 ••• •




DcNereaBiyl attar 	
i*OK*Horeph8nol____ 	 — — 	

DcHoraprepana • 	
l^DtcMorepropana 	 — 	
DcNoroprapanaU) *—
2.3-Ochloropropana paomar) 	
l>DkMorepropana 	 — — 	
2U2-acr_oroproponc aod • 	 — — 	
OfcMonaa* 	 . 	 — — 	
[hOfcttl • 	 -
O.O-Otetft»( M2-( dMnophMphata 	 	 	 — 	
DmUiyHHiUopnanyl pnoapfiata 	 	 	 	 	
O.OOaOiyt CVpynKonift pneapnorooioBta 	
ES AND REPORTABLE OUANTTTTES— Confinuad
Synonyms
9DE 	 . 	 	 	
I.4--OOT__ 	 	
DOT' 	 • 	 — 	
Kapona'—- 	 — 	 	 	
DftanmlaManmoana _ 	 — 	 	
DtMRU4wM-«raean*___ 	
D*anBriaJi)ar*nBana _ 	 	
OtMiBltJilanmrmotn* 	 . 	 — 	 	 	
ab«ttt_jjp-«-__ 	 	
i»Bi«yl pn-ialan " 	 . 	 __— — —
OtatH phMMa 	 _ 	 — 	 — •
neatfi u-li^ati • 	 	 	

Piu»ia-u 	 — 	 —
Banana. l_K_ehlBn>___ 	 	 	
Bamtna. IXkontato- — — 	 _ 	 —
nvOfclft-uUmiana 	 	 . 	
Banana. lAdeMon- 	 . 	 — 	 	
Banana. 1 J-dttitao- 	 . 	 — — 	 	
IXtentorctMnzana- — . 	 — — 	 	
Banana. l.-Aonkm- 	 . 	 • 	
Banzana. 1.4-dtcHaro- 	 _ 	 ___——_
1 ,4«cnloraba-ana 	 — 	 — 	
2-BuWna. l.44eNoio- 	 — 	
TDE« 	 . 	 — 	 — —
4.4--ODO 	 	 	 — 	 ~ 	
DOT'. 	 — 	 	 	 • 	
Ettiana. l.l.JeMon>-__ 	 	 — — 	
Ethana. 1.2-dfcNonx 	 	 	 • 	
Emyttna dKMofWa • 	 — 	 • 	
Ettiana. 1.l-dlenlon>__ 	 • 	
VlnyMana oMorida • 	 	 — — 	
EMna. l.l'x-^t-.B-ehtoo- _ 	 	 	 —
Phanol2«-ccnlan> 	 . 	 —
2.4-0 AekJ 	 . 	 _—
Pnanyl JUtooan-ia •, 	 — 	

Piep»tana tfcManHf • 	
Prcpana. 1X__*xo- 	 — 	
l4UU.tQ.l(MlaM-h..o K.l »pa»M^«A«.7AB>ouaii|iiliu^ido^->-l.«-S*
..r-BkBlrana 	 _ 	 	
. PIII-UIIIII • 	
PhnphoradMafc add. OXXOattiyl SWnaOiyl a«ar 	
_ Phaaphnne add. ilatiH tH*raphan»t aalar 	

OuamMRO)
tx-TaXK-ogrami)
1 (0454)
1 (0454)
1(0454)
1(0454)
1(0454)
1 (0454)
1 (0454)
1 (0454)
1(0454)
1 (0454)
1(0454)
1(0454)
1 (0454)
1(0454)
10 (4.54)
10(454)

1000 (454)
100(454)
1 (0454)
1(0454)
5000(2270)
100(454)
100(454)
100(4540
100(454)
100(454)
100(454)
100(454)
1 (0454)
5000(2270)
1 (0454)
1(0454)
1 (0454)
1000(454)
6000(2270)
5000 (2270)
1000(454)
1(0454)
1001454)
100(454)
1(0454)
1000(454)

1000(454)
100 (45 4)
100(454)
100(454)
5000(2270)
10(454)
1(0454)
1(0454)
100(454)
1 (0454)
1 (0454)
1 (0454)
1(0454)
100(454)
1000(454)
100(45'
1 (045>
_l 5000(2270)

-------
             Federal Register  / Vol. 52.  No.  31  / Tuesday.  February 17.  1987  / Rules,-and Regulations       483!
                                  LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
Dihydroaafrole   .- .
Dusopropyl fluorophospnate
Bmelhoata .    _
3.3'-(>man
   1(0464)
  100 («5 4)
   10 (4 54)
   1 (0454)
 1000(464)
   1 (0454)
   1 (0454)
   1 (0464)
   10(454)
  100(454)
   1 (0454)
   1 (0454)

   1 (0 454)

   1 (0454)
  100(454)
   1(0454)
5000 (2270)
  100(454)
6000 12270)
   I 10454)
  100(464)
                                                                                                                                       10 (4 54)
                                                                                                                                      100 (45 4)
                                                                                                                                       |Q (4 54)
                                                                                                                                       10(464)
                                                                                                                                      1000(464)

                                                                                                                                      1000(464)
                                                                                                                                      1000(464)
                                                                                                                                      1000(464)
                                                                                                                                    6000(2270)
                                                                                                                                       1(0464)
                                                                                                                                       1 (0464)
                                                                                                                                       100(46.4)
                                                                                                                                    6000 (2270)
                                                                                                                                       1 (0464)
                                                                                                                                      1000(464)
                                                                                                                                       1(0464)
                                                                                                                                      100(45.4)
                                                                                                                                      100(464)
                                                                                                                                      100(454)
                                                                                                                                      1000(464)
                                                                                                                                       1 (0464)
                                                                                                                                       1(0464)
                                                                                                                                       1 (0464)
                                                                                                                                       1 (0454)
                                                                                                                                      1000(464)
                                                                                                                                       •(0464)

                                                                                                                                       1(0464)
                                                                                                                                      1000(464)

                                                                                                                                      1000(464)
                                                                                                                                      1000(464)
                                                                                                                                    6000(2270)
                                                                                                                                       1(0.464)
                                                                                                                                      1000(464)
                                                                                                                                      1000(454)

                                                                                                                                    6000(22701

                                                                                                                                       1(0464)
                                                                                                                                     1000(464)
                                                                                                                                      100(464)
                                                                                                                                       1(0464)


                                                                                                                                       1 (0.454)
                                                                                                                                       1(0464)
                                                                                                                                       1(0464)
                                                                                                                                       1(0464)
                                                                                                                                    6000 (2270)
                                                                                                                                    6000 (22 JU)
                                                                                                                                       1(0464)
                                                                                                                                       1(0.464)
                                                                                                                                    6000 (2270)
                                                                                                                                    6000 (2270)
                                                                                                                                       1(0464)
                                                                                                                                       1(0464)
                                                                                                                                    1000(464)
                                                                                                                                    6000 (227O)

-------
4832      Federal Register / Vol. 52.  No. 31  / Tuesday, February 17, 1987 / Rules and Regulations

LIST OF HAZARDOUS SUBSTANC

HUMOUS Subeunoe
f ,,-,.„-«.-»-.
Emma. inra-I.Z-dfcnloro- 	
EB-on' 	
2-Ethojtyethtnol 	
Emyi aaauta 	 _______
Emyl acrytota • 	
Emyl carb-mata (Urethen) 	
Emyl chloride Q 	

• - -
Ethytane (ftcol moncxOryl «th>r * — —
Ethytenw-mir-ne talraacao. aod (EOTA) 	
Clhytanln-tie 	
Ethyl amor • 	
EthyHdone (-chloride 	
Ethy4flwth.crytata 	
Emyl mamyl ketone 9 	
Fanphur 	
Ff~c w-^-»^" rtm»
Ferric eMarida 	
Ferric da-Ban 	
Feme name • 	
Ruorvnhene 	
Fkjorene 	
Fluorine' 	
Ruoraaoat.rn.le 	
Forme add • 	
FiAnrae acKf mercury(ll)-_M 	
Fum-ric acri 	
Furmn- 	
Furan. MBVny.ro- 	
.-FunrcaftaaUihyde 	
Furfural' 	


-
F-rluran_
Gutt-on • 	
impia-hloi 	
Mea^teeeyclenanna (gamma i
l^°-ltttSS__6-7'€p"
1.2.3.4,10.10 llei-cntnm fi.7-epo»
H«c*-*or«*-*^.ndo-

1-8J.4.1Q.10 lia«-finnm 1.4.44.5
HaacMoraohena 	
Hexa-Moropropene 	
Hydra-ma* 	

i^1A4a5A7ABMCl.liydR>«p.laaiide-1^_W-
^1 , 4.4a,Sj6.7-6 -6>s)cl^iydr^i*c 1.<-JJ andB-r-B
Hydn-ona. li-amefhyl- 	 . 	
ES AND REPORT ABLE QUANTITIES— Continued
Sl
monyrna
"U Ll'U Uir|'l • 	
etmchtaroalnana 	
,2-lnroOcnlor-e-iytena 	
mylene gtyool nmoamyl ether • 	
•Prepanac aod. etnyi aaw 	
O-oroelh-na.
Propmntne 	 	
thane, l-?<-otonio- 	
-tOcl-oroaoana 	
2-EVnryMhenal 	

Elh-ne. l.r-onyt*- 	
Ethane. 1.1-JeMen> 	
.lOcMoroamana 	
MhaneauNonlc add. *hyl eaar 	






2-euanone__ 	 	 	
Methyl amyl knona ' 	
Riueunurothk-e aod. aCVdknamyl O-Cp-[|oTrne-^.rnlnnHuBoriyll phenyl] eater 	
Iron dHnw 	
BaR-oOklHuarm 	
Aoammde. 2-nuon> 	
Aeebc add. flvoro-. aodlum Mtt 	
MMhenoceckl 	
Marcury UnnMa 	
FurturU' 	
MiMc.nhy.rkle' 	
4.7 Mamano-lrHnden.. 1.4AA7A.-
l^euatfena. 1.1-.3.4.I riai.-r.or.
amme.BHC 	
Undane' 	
1>Oy-iupai-»f-.ne. UJAt-Vhan
Endrtn* 	
Ohttto *
EXane. l.l.l-UJ^-Bachtoro- 	
1 -.3.4.10.10 lk»Kt«m-1A4aAM
HMcMorotN.— tiydnD4nBKMivvo(v
l-Prepana. 1.1.UA»4Naet-gn>-
Ta-auhoaphortc a-ttf, hanaftyl mtt
DknUna 	
HM--a--iyliyUi.-liia 	
l.mmiediyiiydrmna 	


cHoro- 	 ____


a hermHyrtro l.4AB-en->,ande-

gq 	 — 	
niiemyi-/ai«_tia. urayiiiiialn--! » 	 	 	 	 	
l->«mamytiydnBlna 	 — 	
Methyl hydrazine ' 	 __ 	 •
Reponabki
OuanoMRO)
PM.MK.oar.rni)
1 (0454)
1000 (454)
10 (4.M)
1 (0454)
5000(2270)
1000 (454)
1000 (454)
1(0454)
100(454)
10(454)
1(0454)
1000(454)
5000(2270)
1(0454)
1(0.454)
5000(2270)
5000 (2270)
5000 (2270)
1 (0454)
1 (0454)
100(454)
1000 (454)
1000 (454)
1(0454)
5000(2270)
1000 (454)
1000 (454)
1000 (454)
1000 (454)
5000(2270)
100(454)
1000 (454)
1000 (454)
1000(454)
100(454)
1000(454-
50001227V
10 (4 54)
100(454)
10(454)
1000 (454)
5000(2270)
10(454)
5000(2270)
100 (45 4)
1000 (454)
5000 (2.70)
5000(2270)
5000 (2270)
100(454)
1 (0454)
1(0454)
1 10454)
1(0454)
1 (0.454)
1(0454)
1(0454)
1(0454)
1 (0454)
1(0454)
1 (0454)
1(0454)
1 (0454)
1 (0454)
1 (0454)
100(454)
1000(454)
100(454)
1 (0454)
1(0454)
1(0454)
1(045
10X4!
10(45
100(454)
J 5000(2270)

-------
Federal Register  / Vol. te.  Nb. 3T/- Tuesday. February 17,  1087 / Rules and Regulations       41)33
                    LIST OF HAZARDOUS SUBSTANCES AND REPORT ABLE QUANTITIES—Continued
                                                                                                                  1000(464)
                                                                                                                   100(45.4)
                                                                                                                 6000 (2270)
                                                                                                                 6000(2270)
                                                                                                                 6000 lAcrvi
                                                                                                                  1000 (454)
                                                                                                                    1 I
                                                                                                                    10 (4.64)
                                                                                                                    1(0464)
                                                                                                                    10(4.54)
                                                                                                                    10(454)
                                                                                                                    10(464)
                                                                                                                    10(464)
                                                                                                                    1(0,494)
                                                                                                                    10(4*4)
                                                                                                                   100(45.4)
                                                                                                                  1000(454)
                                                                                                                  1000(464)
                                                                                                                  1000(464)
                                                                                                                    1BW64)
                                                                                                                  1000(464)
                                                                                                                  1000(454)
                                                                                                                 8000 (2270)
                                                                                                                   1(0.464)
                                                                                                                   1(0454)
                                                                                                                 6000(2270)
                                                                                                                   10(464)
                                                                                                                  100(454)
                                                                                                                 5000 (JU/U)
                                                                                                                 6000 (227U)
                                                                                                                  100 (46-4) •

                                                                                                                   1 (0464)
                                                                                                                  100 (46.4)

                                                                                                                   1(0454)
                                                                                                                 6000 (2270)
                                                                                                                   1(0454)

                                                                                                                 6000 (2270)
                                                                                                                 6000 (2270)
                                                                                                                  100(454)
                                                                                                                   1(0454)
                                                                                                                 6000 (2270)
                                                                                                                  100(45.4)
                                                                                                                   1(0464)
                                                                                                                  1000(454)

-------
4834
Federal Register / Vol. 52. No. 31  / Tuesday. February 17. 1987 \ Rules^RegulatJona
                           LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
	 r
Huardoia Substance
1 Memyliiriaaene 	
Methyl chtonde • 	

Methyl enorotormua 0
4.4' Mafli»lanobii(2-ehlon
Methyl ethyl katona • —
Mathyl ettiyl katona pen
Methyl nydradna • 	
MaftyltcoMa 	
Meaty) njobutyl ketone_
2 MothynacrBKrlrla 	
Many) panMon • 	
< Methyl 2 pemenone-
MuthylthaunKl 	
Mnomycm C 	
MumamyHnHna • 	
Naiad 	
5.12-Naphthaaanedkine.
1
I
- '
	
1
91
	
--
D«*n.) 	 — 	
"
ode • 	 	 	
-

''SSia^S^^^^^mSau^ "** **'*'

t*«)lb*5«ii«o-Miy*a«yHamoift»n eaB,
1-Naulitliylanwie 	 ——
2-NajMnytamne 	 — 	 	
2-riapnthytarnne. NJ**eX2
O-.
p- 	
o-NUiuplienel 	
N Niuuiullerhinnlami

na 	 • 	 —

JPenlattena 	
Synonyms •

JeOiana. ct*on> 	 ___ 	 — 	
j.l-TrichtoroeMne * 	
Iftanyl cNanxarbonata • 	
:niocomethyl methyl ether —
Methane, creoromethoiy- —
9anlpaoaanthryiana. U-d»t
aamenamHa. 4^' niaeiyHnal
Menana. dcMoro- 	
Fumaldehyae * 	
2-Butanona 	 __
EOy methyl ketone ® 	
2-fiubjnona panaUa 	
tecyank: ackt methyl e«ar_
Thomethanol 	
S-Propvnoc MkJL a^4Mtfip*i '
Ouanana-NimiuaoNmaBn
O.00kr_lnyl &p4MroiMnyl
AjrtxX2-J-a.4)pym3to(U-eJ
Mumy-mtneg 	


fto^mm^ — __ 	 	
M(2 	 —

iMC-ntto- 	 	 	
pnoaphoroMoiM— 	
Moll l.T linni 11 a 	 * tH — ****** T"~TI
•Hyttu Ba meBiu«y-»methyl
D— -**1 	 	 	
2-CNcn******* 	 — 	 	 J
irypanbkie 	 — — 	 ; •
CNomaphaHne 	 — — 	
TMouraa, nnK«mny>- 	 	 — 	
NckainJ) eyanda 	 — 	 — 	
Nickel eyantte • 	 — 	 	 	
Nickel earbonyl • 	 — 	 • — •
Pyridne. (S>^lHtie«>yW-pyrn*»nyl)-. and (eta 	 — 	
Mngantn) ooda 	 .. 	 "
Bananamna. «4*» 	 —- 	
. NNroganpV) ooda 	 — 	 • 	
. MMcoride' 	 	 	 	 	 	
4-NflJU»jh.>nDl 	 — 	 —
. Phenol. 4*Bro- 	 . 	 — 	
4-Nmuphenol 	 — 	 	
_ »NUiuprianol 	 — '
_ p4Wrophenol 	 — 	 —
Phenol. 4-nnn> 	 — 	 — 	
_ Propane. 2-mtro- 	 — 	 • 	 " 	
_ i-Butmal N nmoee 	 — — 	
OuamrMRQ)
owttlKiiognn
100 (45 4)
1 (0454)
1000 (454)
1000(464)
1000 (454)
1(0464)
1(0454)
1(0454)
100(454)
1000(454)
1000 (454)
1000(464)
5000(2270)
10 (4.54)
10 (4.54)
1(0464)
6000(2270)
1 (04S4)
10 (4.54)
100(454)
1000(464)
1(0464)
100 (454)
5000(2270)
1 (0454)
10(464)
1000 (454)
1 (0.454)
100(454)
100 (45.4)
10 (4.54)
1(0454)
toor
50001
5000 (2270)
1 (0464)
100(454)
5000(2270)
1(0454)
1(0454)
1(0454)
1(0454)
1 (0454)
100(454)
1(0464)
6000(2270)
1(0464)
5000(2270)
1(0454)
1(0454)
1000(464)
5000 (2270)
1 (0464)
100(464)
1000(4847
10 (4 64)
6000 (2270)
1000 (464)
10 (4 64)
10 (4 54)
10(464)
10(454)
100(454)
100 (45.4)
100 (45 4)
100 (45 4)
100(454)
1
\
I (0454)


-------
Federal Register  / VoL S2. No.  31 /  Tuesday.  February 17.  1987  / Rules and  Regulations       4835
                    LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
                                                                                                                 100 (45.4)
                                                                                                                 100 (45.4)
                                                                                                                 100(454)
                                                                                                                 100 (45.4)
                                                                                                                  10 (434)
                                                                                                                 1000(454)
                                                                                                                  10 (4 54)
                                                                                                                 100(464)

                                                                                                                  10(434)
                                                                                                                  10(434)
                                                                                                                  10(434)
                                                                                                                  10(434)
                                                                                                                  10(434)
                                                                                                                  1(0464)
                                                                                                                  1 (0.484)
                                                                                                                 tOO (48 4)

                                                                                                                 100(464)
                                                                                                                 100(484)
                                                                                                                  10 (434)
                                                                                                                  10 (4 54)
                                                                                                                 100(45.4)
                                                                                                                6000(2270)
                                                                                                                 100(454)
                                                                                                                  1(0.464)
                                                                                                                  10 (4 54)
                                                                                                                6000(2270)
                                                                                                                  10(434)
                                                                                                                 100(464)
                                                                                                                  1 (0464)
                                                                                                                 100(45.4)
                                                                                                                 1000(464)
                                                                                                                  1(0464)
                                                                                                                 1000(464)
                                                                                                                 100(48.4)

                                                                                                                 tOO (45.4)

                                                                                                                 1000(464)
                                                                                                                5000 (2270)
                                                                                                                5000(2270)
                                                                                                                  10(464)

-------
4836      Federal Register  / Vol. 52, No. 31 /  Tuesday. February 17, 1987 / Rules and Regulations
LIST OF HAZARDOUS SUBSTANO
Hazardous Substance







Potatsun araema • 	
Potassum bchremata 	
Potaaaun ehnmata 	
Potaaaum cyanda * -_ — __ 	
Potaaaun dcnromate 0 	
Pom Bum ettver cyanaM 	
Pimiaiiada 	 . 	
1-Propanal 2>epo*y- 	
1 -Propanamna 	
1-Propanamne. r^propyv. 	
Propane. 1_-d_forno-3<«*Dn>- 	
Propane. 2-rtln> 	
Propane. 2^-enrytts<2-cr*oro- 	
IJ-Propane auttone 	
Piupanamrlla 	
PiopanamWa. S-cntoro- 	
PropanenMa. 2-hy<»nry-2-inMrv4- 	
l.2>PrapenaMai. rMmu- 	
1-Propenol. 2-imHnyt- 	
2-Propanone 	
Pinpargaa 	
Propargyl alcohol • 	
2-Propenal 	
Propane. 1 J-deNoro- 	
1-Propene. 1.1^3J>hexaO*xo- 	
2-Piunenena-e 	
2-Propenenrtne. 2-methyV 	
2-Propenofc add 	 _____ 	
2-Pnpendc acat 2-meln)*-. ethyl aster 	
2-Propenoic add. 2-methyK methyl ester 	
2-Propen-l -ol 	
Proploota aad. 2^2,4.S«icnlo«ophanoon> 	 .- 	 	

Prepnnfc anhydride 	
Pfopytene aehtorlde • 	 	 	 ______________
•Topyiene o»oa — • •_-_ 	
T^-Piupytei-i-ne • 	
2-Prnirfn-1-ol 	 	 _____________
Pyrene 	 __ 	
PyieBinns-
Pyndme. 24(2Hihiie»»lari«no)altiyl)-2- manylamnol 	
Pyi aline. 2-nioBiyl .__... 	 _._. 	 _______
4D44nMhyU-a«o0- 	
Pyiuuhmnhon. aad. taraediyl ester 	
Ounotoe 	
RAWONUCUOeS 	
Saccnann and aatta 	
Safrote 	
Satamum « 	
Setenun oooda • 	
SeleiiounjB 	 — 	
Snow « 	
SBver cyanda • 	
S*Mr mrate • 	 	 	 —
g^^. 	 r 	
ES AND REPORTABLE QUANTITIES— Continued
Synonyms







PotaMkjm bcnromcte 	 — 	
tyocfytaktenyde 	 — 	
n-Propytan-ne • 	
Otpropylamme,— .-— •— — 	 — 	 	 - 	 — 	 	
B-12-chtoroaopropyO alnar 	 : 	
^-OxatNolane. iZ-daaOa 	
Biyl cyanide 	
	 •- -•-•- •
na(2>dUuiiiepropyl)prioipriabi 	 	 	
laobulyl alcohol 	 	
cetone •.—•.....• 	 — 	 • 	 ••••• •••"•• — 1_ i «•«• • m™™ .«— • • •— • • •«««»
Bromoacatona • 	 ______ 	
Acratan • 	 . 	
^Ochtoropiopene 	 	
HaacMoraprepane 	 • 	
Acrykmrate •. 	 — — 	
Uettiai.irlonMa 	 	 	
oylc add * 	 — 	
ithyl acrylat> • 	 : 	
Ethyl methaerylaia 	 — 	

2.4.5-TP ® 	
1-Propai-mne 	 — 	
UOichtoropropane 	
Propargyl alcohol • 	
4 Ananopyrtfjne 	 •••- • • •• 	
Mathejaytlana 	
M Huuammertdlna 	
2-Plooana 	 — — 	
Mcoane • and safe •_ 	 — — 	
MaatyRMourad 	
Tatraathyl pyraphoaphata • 	 	
N Hruu-jpynrrtalnt 	 	 	 — — 	
Vol-i-an-lMarbaxylle add,11.17<«n>a»ox^tfr(a43-tnri««m(wyt>enK)»()oxy)-.
flMQ^n Mtflf
1.3-nanianartol 	 ___ 	 • 	
Benzene, l^inetnytenediory I ityl 	
SuNur Mtankto ... 	
C«U-nmldoielenolc add__ 	
Axaiertne 	 — 	 — — • 	
Proponle add. 2^^*olenorophenoiy> 	 _ 	
2.4>TP 0 	 __ 	 . 	


flaoortafa
OuanmylRO)
PoundMKilopnmi)
10(4S4)






1000 (454)
1000(454)
1000 (454)
1000(454)
10(454)
1000(454)
1000 (454)
100(454)
1(0454)
5000(2270)
1(0454)
1 (0454)
5000 (2270)
5000 (2270)
1(0454)
1 (0454)
1000 (454)
1 (0454)
1000 (454)
10 (4 54)
1000 (454)
10 (4 54)
10(454)
1 (0454)
5000 (2270)
5000(2270)
1000 (454)
10 (4 54)
1000- (454)
1(0454)
5000(2270)
100(454)
1000 (454)
100 (45 4)
1000(454)
5000(2270)
- 1000 (454)
1000(454)
1000 (454)
100(454)
5000 (2270)
100(454)

9000(2270)
5000(2270)
1000 (454)
100(454)
1(0454)
] 1000 (454)
] 1(0454)
| 1000 (454)
1000(454)
5000(2270)
1(0454)
5000(2270)
1 (0454)
TO (434)
1 (0454)
5000(2270)
1(0454)
5000(2270)
5000(2270)
1(0454)
1 (0.454)
10 (4.54)
100(454)
10 (4 54)
1 (0454)
10(454)
1000(454)
1(0454)
1000(454)
1(0454)
1(0454)
100(454)
10 (4.54)

-------
Federal Register / Vol. ,52. No. 31 / Tuesday.  February 17. 1987 / Rules and Regulations      4837




                LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
Hazardous Substance
Sodium arsenate •
Sodium anerme •
Sodum ame •
Sodum bichromate
Sodwm MluonoB •
Sodwm bisulfite • .
Sodwm chromate . .
Sodium cyanide •
Sodwm dKhromate @
Sodwm dodecytbenzene sullonate
Sodium fluonde • 	 	
Sodwm hydros-Hide • 	 	 ...
Sodwm hydroxide • .- . _. 	
Sodwm nypocnlome • 	 	 	
Sodwm melhytate '
Sodwm ntnte • _ . ......
Sodwm phosphate, dulse 	
Sodwm setente • 	 	 ....
4 4--SMbenediol. alpruLalpha'-Otethyl.
Streptozoiocm 	
Strontium chromau ....
Strontium surroe 	 	
Stryehndm-lO-one. and sifts 	 	
Strychndm-iOone. 2.3-donelno.y. .
Strychnine • and salts *. ... 	
Slyrene
Sulturhydnde 	 __!_
Sulfur phosphide 	
Sulfur setemde..
Suffunc MM _ ..... 	
SuHurc aod. donethyl ester . _. _
Sutrunc aod. maUwmll) salt 	 ... _
2.4.5-T MM. 	
2.4.5-T arranes .... _ 	 _
2.4.5-T eaten 	 	 . .
2.4.5-T salts 	 	
TOE •_ 	
1 .2.4.5-Tetreehlorobemene
2 3 7.e-Tetraehkxod*enn>-p-d«uin (TCOO)
1.1.1.2-Tetrachtoroethine _ .. .._
1.1.2_?-TetracrHoroethane. 	 __
TetracMoroemene
Tetrechloroethylene • . .
2.34.6-Tetnchtorophenol 	
Tetnetnyt leid • . _ 	 	
Tetnethyl pyrophosphaia • 	
TetrMtnyMnnnpyropnosphate
Tetrahydrofuran " . . .
Tetrsratromemane •
Tetnphosphonc MM. hneethyl ester .
ThailBoade ... ._ . .
Thauwmt . . . . 	
TnaDwmd) acetate 	 _
Thalhum(l) carbonate
Tha-wm(l) chloride
Thsllwmd) nitrate . . 	
Thalkum(lll) onde -
Thstlium(l) setorude 	 	 _
Thsllwmd) sultan • .. 	
ThiotBnox . „ . . _
Thionwttwnol . . „
TNjphenol • . .
Thouree
Traourea. (2-cntorophenyl)- _
Thiourea. l-naphthaleny)-.
TNourea. phenyl- .....
Trnram . ._ .
Toluene • .....
Tokjenediamme * . ._ 	 _
Toluene doocyanata * .- .. 	 	
O-ToluMine hydroonlonde 	 	 	 	 _
o-TowMuie 	 . _
	
--

— — _ _-..._«...._. . .. . ..
	 	
- ...... .... 	 _ __ . ... .
	 	 	 ••
	 	
H::':^

• -.
• •• 	
- ........ . m, „
•- 	 	 - 	 	
	 	 	 	 — .
'-_•-- '" -_-j£ • _—'•""
.. ......
	 -- • •- -
. 	 . .....
Synonym
------ 	 ...... — . 	 .
Sodwm dchromato @ ._ . ...
-• 	 - 	


_ .. . 	 ....
	 	 	
™ 	 -.-...-..—...- .. .. . — , 	
- 	 	 ••••
	 	 	 	 	


	
	 	 — --
- - • • 	 	 	 	
_._. 	 	
t%G_J!IWin_""' z^^^3ji»tti*w*mo«iur"*>)- — — 	 	
Strychnine • and sslts •. 	 Z.™
Bniene ... 	 ...
StrychnM-vlO-one. and salts. 	 	
HydrosuNunc aod J 	 HHH II 1

Selenum d-ujtfiri.

Dunemyl surlste • 	 	 _.
ThaHwmO) suHite •-_ 	 .
2.«.5-Tnchlorcphenoxyscetic sod •. _.
2.4.5-T • 	 .
	 	 	 	 •"•"-.
...-....._..___ 	 .__._ . 	 .... _
	 " ' ""
	 .__.. 	 .......1




* 	 — — 	

2.4.5-Ttlenlaopheno-yiue-c acM • 	 	 	
. .
1 	 ""
JDD . 	 	 	
DichlorooTpheriyldKJitoroetnaiie. — _
4.4--ODD .. 	

	 	
Benzene. iA4.5-MF.cHon> 	 	 _ 	 	
Emme. 1.1.1^-MBMMoro- _. .
Ethane. 1.1__2-tttr»cr_oro- 	
ithene. l.l£2.tetncMon> 	 _.
TeliicliluiueUiyleiie * . 	
•thane. l.i.U-t-nMNon>_
TetiacMuiueUieiie 	
"herd. 2J.4.6-MncNoro- 	
lurnbane. teuieUiyl- — . 	 .
FViuphumilunu, i&U. tetraelhyf ester M
Wnopyrophosphonc acM, tetnemyl a
:ursn, leiiHiydiu- _______
wthine. tibiJMiio- __ «_ __._.
•hiiun(lll)o-Me._

	 	 	

* — " "—~ 	 • • 	 — — — 	 — -
	 	 	
	

Aeenc end. milhim(l) salt 	 	 	 	
Carbonic aod, dmiaflun (I) sail 	 . 	 	 	

Thal-c onde 	 	 	 .. 	 	 	 _ 	 _ 	
SuNunc acM. 0ialwm(l) salt.. .. 	
.3-Ometnyl-Himtr)y.rn).2-bulinone.(
!.4-Oithiabiunt..-_ 	 	 .
lothsnvitaoi . .. .„ „ ... ...... .. _. . ,,,,
Methyl mereaptan • 	

•WbftfTMdO, 01i^ _._.«. .. .
(n OiHi>in^iBi!ylltl^M<'flt ILm.
tpht-Njumthyrni-ouiet 	 « 	
Brsemytmiocam.WTi(^)toif^"r
-)8n26nfl, fiMthy^ i. ...... . ..„ . . .. ...M
Benzene. 2.4-dKSOcyanatomethyi.. _"_7_
Benzenimne. 2-methyl.. hydrocniortde.
2-Ammo.i4nelhylban.ene ... ... _.
.._. .... .
X(mainyUunino)c.itiony1) oxme




	
.. 	 .. . 	 ___. ._... _ . .__..__ 	 . ..
	 	 	 _ 	 _ 	


-. 	 _ . .. 	 __ . 	 	 	 	 _.
RsoonaWe
QuamnyjRQ)
1000 (454)
1000 (454)
1000 (454)
1000 (454)
100 (45 4)
5000 (2270)
1000 (454)
to (4 54)
1000(454)
1000 (454)
1000 (454)
5000 (2270)
1000 (454)
100 (45 4)
1000(454)
100 (45 4)
5000(2270)
100(454)
1 (0454)
1 (0454)
1000 (454)
100 (45 4)
10 (4 54)
100 (45 4)
10(454)
1000 (454)
100(454)
1000 (454)
100 (45 4)
1 (0454)
1000 (454)
1 (0454)
100(454)
1000 (454)
1000 (454)
6000(2270)
1000 (454)
1000 (454)
1(0454)
5000 (2270)
1 (0454)
1 (0454)
1(0454)
1 (0 454)
1 (0454)
10(454)
10 (4 54)
10 (4 54)
100(454)
1000(454)
10 (4 54)
100(454)
100 (45 4)
1000 (454)
100(454)
100(454)
100(454)
100(454)
100 (45 4)
1000 (454)
100(454)
1 (0454)
100(454)
100 (45 4)
100 (45 4)
100(454)
100 (45 4)
1 (0 454)
100(454)
100(464)
100(454)
10 (4 54)
1000 (454)
1 (0454)
100 (45 4)
1 (0454)
1 (0454)

-------
4838       Federal  Register /  Vol. 52.  No. 31 / .Tuesday. February  17. 1987  / Rules  and Regulationa
                                  LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANT
                                                                                                      Md

p-Tdudra 	
2.4.5-TP @ 	
2.4.5-TP and eaten 	
i.«.5-TI* odd 	 ..
i M- 1 .2.4-Trtaiol-3-«nwie_
1i4-Tnehlorobenan.
1.1.1-TneMareaaiam * —
1 ,1 .2-TitaNereattiam 	
TricNoroettiene 	
Titehtenelhylona • 	
Trtchtoromethanesurienyt t
Trichtarophanol • 	
2^4-TlM*H

2J.e>TriBNoi
2.4.e-TffcMOI
3.4.S-ThcMa
2.4.5-Tnchtonpnanal 	
2A6-Trichtorophanol — u
1 J .5-TrianM. 2.4.Wrtrm
Hazardous Substance



Mend* 	


epnanol 	
££ 	 — 	
ite aod • 	
enzene auHonata.. 	 ____ — _.___.—..» — 	
Mhyl- 	 : 	
Synonym
4^mno-«-nwmyt bannne. 	
Proper* aod. 2^2.4.5^nchlofOphena«y^ 	
Z43.TP idd 	 — 	
Proptont aad. 2-(2.4*«lc«oiop»ieno3iy> 	 H
14.5-TP 0 _ 	 — 	
Methyl chtoulonn • __ 	 — 	 — 	
TifcMenjelHylane • 	
TricNofoaAeni 	 — 	 — 	
MMhanm«enyt chloride, tncntoro-.. 	 — 	 —
Methane. UfcJiluicilluare- — — 	


Phenol. 2.' JMAcNem- 	
Phenol. 2.4.6^nchlon> 	
PnenoL 2.4.54rteNoio- — _ 	
Phenol. H tHnJHUn- 	 	 — — — — —
2.4.5-T • 	
Benzene. 1 ,3.5-Mnlbo- 	 	
PnkMiyde 	 -»......,. 	
Ou8fflity(RO)
PoundalKitognim)
1(0454)
HB.454)
100 (45 4)
100(454)
100(454)
1 (0454)
100(454)
100 (45.4)
1000(454)
1(0454)
1000(454)
1000(454)
100(454)
5000(2270)
10 (4 54)



10 (4.54
10(454
1000 (454
1000(454
5000(2270
100(454
10(4.54
1000(454
1 (0454
                                                                                                                                      1(0454)

                                                                                                                                      100(454)

                                                                                                                                      1 (0.454)
                                                                                                                                    1000(454)
                                                                                                                                      1(0454)
                                                                                                                                      1 (0454)
                                                                                                                                      1(0454)
                                                                                                                                      1 (0454)
                                                                                                                                      10 (4.54)
                                                                                                                                      1(0454)
                                                                                                                                      1 (0454)
                                                                                                                                      1(0454)
                                                                                                                                      1(0454)
                                                                                                                                      1 (0454)
                                                                                                                                      100(454)
                                                                                                                                      100(454)
                                                                                                                                      100(454)
                                                                                                                                      100(454)
                                                                                                                                      1(0454)
                                                                                                                                      1(0454)
                                                                                                                                      100(454)
                                                                                                                                      100(454)
                                                                                                                                      1000(454)
                                                                                                                                      1000(454)
                                                                                                                                      1000(454)
                                                                                                                                      1000(454)
                                                                                                                                    5000(2270)
                                                                                                                                      1(0.454)
                                                                                                                                    5000(2270)

                                                                                                                                      100(454)
                                                                                                                                      1000(454)
                                                                                                                                      1000(454)
                                                                                                                                     5000(2270)

                                                                                                                                      1000(454)
                                                                                                                                      1000(454)
                                                                                                                                      1000 (454)
                                                                                                                                      1000(454)
                                                                                                                                      1000(454)
                                                                                                                                      1000(454)
                                                                                                                                      1000(454)
                                                                                                                                       10 (4.54)
                                                                                                                                      1000(454)
                                                                                                                                      1000(464)
                                                                                                                                      1000(454)
                                                                                                                                      1000(454)
                                                                                                                                     5000(2274)
                                                                                                                                       100(454)
   ZlncphnvMa

-------
Federal Register /- Vol.  52, No.  31  / Tuesday. February 17,  1987  /  Rules and  Regulations
4R34
                UST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
Hazardous Substance
Zinc slfeolUionde 	 _ 	
Zinc Dilfale . .
Zirconium nitrate • . 	 _ . . _ 	 	 _
Zirconum poussum nuonda 	 ._ 	 	
Zirconum surlate * ...
F001 	 ~ "~ 	 	 	
The tenoning ipent naloaenaiea solvents used in degnMsng end sludges trail the
recovery af inn* Ktvents n degreasra opeiauons-
(•) TetradHoroethylene 	
(b) TncMoroemyleiie . 	 ... .. 	 	
(d) l.t.l.TneMaroarhm* 	 	 	
(0 Chkmnated nuoraeuhani . 	 	 	 	
F002 _
The toBOMig tpenl hatogenated aonwnta and me ft* bottom from the recovery of
men solvents.
(a) TetncMaraeihylMM 	
(b) Memylene cMonds
(e) Tnchloroemytene 	 	 ... __ ._
Id) l.l.l-TncNoroelhine 	 	
(el CHamtemn.
mi.1.2-Tnchlorc-1.2J-tnrluoroemane 	 _
(g) rXMMorobenzene. 	 _._ 	 _. 	
(M TnehlomrliiamrnMruM 	 	 	
F003. _ 	 _. ._
The Mtomkig cpent non-hilooeniMd •okMM* ml K*~X» 	 	 	 	 	 _ 	
Ill Xvtane
(b) Acetone 	
(e) Eny .MM.
(d) Ethyfeenuni 	 	 	
le) Ettwt ether _ ..
(I) Momvl •obutyl kettne . .
IM Ckdntannm.
(ilMMhMl-.
FOOt
The (oBowng ipanl rervhatogenMed eolventB m) the riMottorn from the recovery
ol theee iotvents_
Ill CrMBta/OMvfe m,iH

FOOS 	 	 _ . _ .
The roUowmg cpent ravtMtogenaUd eoMenti end the cWboaomt rrom the recovery
ol theee totventm.
(•) Toluene . 	 _ _ _ _
(b) Methyl ethyl Intone 	 	 	
(d) liobutinol 	 _ 	 	 .
(e)Pyrrtne- _ 	 	 _. . ..
F008 	 	 	
Wntmrater netment Hudgei Iron, etoctropUUng openbone el^t from me
tottowig prooeuei (1) Sultune eod inodUng of eluminum.(2) tx pMng on
artaon steel. (3) Unc ptabng (segregued bnto) on cvborateel. (4) Huiwiurn or

•kjnwn.
FOOT 	 	
Fooa " v^^ 	 -
Pitting tMh tk^lflei from thv bottom of plnnQ baths fiuimNoLliuijIiLiiu openibont
plttng bath Hudges) ' ' *
F00»_ 	 	
Spent itnppmg and deamng bath iokitiona from etedrepUBng oparaMna wham
•tnpptng and deanng bath loMlona) "* "v"
F010 . . ._ 	
Ouenchng bath nudge from ol bam. from metal heat treating oparatnna whan
eyanrjes are used m the prooaaa (eioept tar preooue meUK heat-treating
ojuonctwiQ balh ahidpea)
F011_ 	 	
Spent cyande aoMona from salt bam pot clearing from metal heat Meting
operationa (except for preooua metala heat bvatmg apent cyande aduborvj from
•alt bam pot deamng)
F012 _.
Oienchng mstewaler treatment dudge* from metal heat Mating operatone where
eyandea an uaed n the process (except tor predoua metala heat Mating
F018 	 ._ _ 	 .
Wastawater Hatment inxtoM from the chemical conversion coating of aluminum _._
^020
Wattaa (except wanewater and •pent carbon irom hyorogen ehtortde pumication)
Irom the production or manutacutng me (as a reeetant, chamcal «itermeotat«, or
datea u»ed to produce tner peanode danvamet (Tin hnng does not kxtade

fmmfmjmnm
ayiviyiiil





.. — _... . .. . — • 	 — - •



	


































RaoorUWe
QMWWMRQ)




6000 (2270)
6000 (2270)
t~ (0 454)


1000 (464)
1000 (454)
1000 (454)
5000 (2270)
6000 (2270)
1 (0464)
1(0454)
1000 (454)
1000 (454)
100(454)
100(454)
100 (45 4)


•UVW1 JJ»n^JI.L

100(454)
6000(2270)
5000(2270)
5000 (2270)
6000(2270)
1000(464)



6000 (2270)
100(454)
6000 (2270)
1000(454)
1(0454)

10 (4.64)
10 (4.64)



10 (4 54)
10 (4 54)

10 14.64)

1 (0454)
1 (0454)




-------
4846
             Federal Register /  Vol.  52.  No.  31  /  Tuesday.  February  17. 1«*7  /  Rules  and  Regulation.
                                     LIST OF HAZARDOUS SUBSTANCES AMD REPOKTABLE QuANrmES-C
                                                                                                 ^^^^

                                                                                                 Synonym
 Wastes (except wastewaler and spent carbon ftomhyAog*"**^ PJ™**^
  from the production or manufacturing use (as a reaclai^ ehem^nlgnudaia. or
  component « a  formulawig process) ol pentaehloropnenol. or of ntermeoiates
  used to produce «s danvauves.

                        'and apiint carbon from hydrogen cMorUe purMcaMnj
   or manufacturing ine (aa a reactanv
                                             (Thn toting does not   	
                            only lor M'producbanor use o» KM"***™*"™
  bom h^nry punfied 2.4A*iehlorophenoL)
  >24_
Wastes.
                      ___- . -- — — ---
                 but not bnwed to dsMaHon resdue*. heavy ends.
                       .
   tana, having carbon contant from one to  **•
           "           do. no.
      ded unused lonnulatioiia conu«n«ig compounds
    Ola. (The tatng does not <^^^^S
    «ed Horn prepurtled 2.4.54nulilure|i
      tan resurcng Irom tiwnaration or themal treattonto
       ^A^a«.doua Waste Noe. F020. F021. FO& RH3. POW. and TO7
                           »e«atrnBnl el
    umteasea that use creosote and/or pentaoMorapnanoL
                      kidge'iiom the producbon ol etw
     (anhydrous and hydra«ed»
                      iuoS'*o^^^             "**
          ..- ... _..—..—•••—— —
   Oven residue from the producton of
   KOOB
    OatHlation bottoms from the production of acetaMehyde Irom
    K010 .-            	
    OsMatian'BKle'cuts twm •» produeoon of nxuUah*U-~M
    K011                   	•-	
                                 •tripper to tiie'pioductlon of acrytonH*
    Bottom stream Irom the
    K013 ... -
    Bcflom'aveaVlfom'ine aeetowtnle column m the production "0*
                                                        _


                   acainiti*"S^^                    «" >a**''g>
    SM oonoina" from"nS 'SSiation' ol:oa^"cwonde .
     Heavy •rt~(wnTTha"~dainll«BBn ol vmyl cnlonde
       producbon.
     AauBoi"epai7aiiDinony'^ttlvi« waste Horn «uoromelliaiie8 producbon.

                  ^iio^'i^^

              ' bSuJnwIicinTtne production ol phthale anhydride Irom

-------
                Federal  Register  /  VoL  52.  No.  31  /  Tuesday. February  17.  1987  / Rules  and  Regulations         4041

                                       LIST OF HAZARDOUS  SUBSTANCES AND REPORTABLE OuANrmES-Contmued
                           Hazardous Substance
                                                                                                         Synonym
   Reponabto
  Ouanmy(RQ)
PoundslKriograms)
K025
Damnation bottoms Irom me production of nitrobenzene by the miration of benzene
K02S
Sniping soli lafe from me production ol methyl ethyl pyndmes
K027
Centrifuge and distritanon rescues from toluene dnocysnate production

Spent catalyst from the hydrochlanialui reactor m the production of 1 l.l-tnchlor-
  oetnane
K029       	  ..                  .   .
Waste from the product steam stopper m the production of 1.1.1-tnchtoroeinane   ..
K030	          	_
Column bottoms or heavy ends from me combined production ot tricnkxoetnylene
  and perchkxoetnylene
K031 _   .    	..
By-product salts generated n ma production of MSMA and caeodylic acid  -  .  - .
K032 .        ._  . .  	
Wastewatar treatment sludge from the production ol chtordane
K033 .         .                    . .         	
Wastewater  and  scrub  water  from the  chlonnabon ol  cvdooentadwne  m  the
  production ol chtordane
K034  _   ._               	    _.   _ .
Fdier sokds from the  Miration of hexacnorocydopentaoiene n the production of
  oMordane
K035 _.        	        .    .	
Wastewater treatment sludges generated m me production of creosote ._. -  ..	
K036 .   _   .._....       ....   	  	
Snll bottoms from toluene reclamation duUtaton m the production of dnuttoton   -...
K037 ._       		.  	       	
Wsstewater treatment sludges from the production of doultoton    .         ...
K038	        ..       .. .  _	_..  ........ „	.. ..	
Wastewaier irom me washing  and snipping ol prorate  production  .    .    	
K039 .   .      _ .  .	._ 	  ._ _.	
Filer cake from me filtration ol  dwthylphoephorodrtr»
  prorate
K040-
Wastewater treatment sludge from me production of prorate
K041  .      _ ..   	_..	
Wastewaier treatn
                                                            production of
K042  .
                     JOQ0
Heavy ends or distillation residues from the doMlaton ot letrachlorobenzene n the
  production ol 2.4.5-T
K043		._	      	
2.6-dcnlorophenel waste from the production ot 2.44).    _  	_.    .    . _
K044.       	    .  .     .	    .  	
Wastewater treatment sludges from the manufactunng and processing ot e»p4eer
-------
4842       Federal Register / Vol. 52. No.  31 / Tuesday. February 17. 1987 / Rules and Regulations
                              LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
Hazardous Substance
KOB7 	 	 .....

K093 	
OsuBstion hQhi ends (font ifto pfoducbon of pntftabc annytfntfo from ortft^Kyteno—__
K09* 	 	 	

KM* 	 	 	 ,

«M» 	 	
Heavy ends from thB heavy ends column from the production of 1.1.1-tncMoroeth-
one
«"•» . ...
Vacuum empper discharge aurii Bie cMordane chtonneior In the production ol
cMordnnOi '
noon

noon 	
umiTO'Md "tfr^vv *nm tho piortutimi of p *-p 	
i"M 	
Waste leaching solution from cod marhmrj of emasnn control dust/sludge from
secondary lead Sfflatang.
K101 	 _. 	 	 	 	 _
Damnation tar reexkiea from the daMaBon ol ankne-based compound* In tha
production ol votemary Pharmaceuticals from inane or organo-ananc com-
pounds.
i"P2 	
Residua from the use ol actuated carbon tor decotonutton n the production of
•rinn

K1IU , 	 ,._,.., 	

K10*


Mina
WMtBwatBf troatmsnt t*iPftQff from ttw fnotcuvy 08fl PPOOBBS n oWonn* production — »
K111

K11J 	
Reaction by-product water franrihe dryng column ki the production ol Wuenedto-
rnne »ta hydtooenation ol dannoluluena-
KlfJ
Cono8ns0o hoju*o IQM •not ROIVI Vis ptfMccbOA ol tofcJBnstfeWww In ttw pfooudion
K11.1
Vldnals from ttw purtflcafion of totuMWdtwivio In tho production of toluonMtafnnc
w hyc^ou,>n>hon of dafirtfoioiuon0«
KtiS... 	 _ 	 , 	 ,,,,,r. ....... 	
Hoavy •nos fforo ttw punfiCBbon of toluonooiwnlnt In th9 prooucuon of tohisnociB-
K119 	 	 	


K«17
Wastowatof irotn ino n action vont oas acniboar In Ino (w^wlu£*Wb of attvj^ana
bronvoo vta bfonnnBlion o* floiana^
Kllfl 	

•mytana dibromlds-
K11A
StaH boitoma from me punflcanon ol ethytene dlbromide In th« production el ethytene
o^bromida via bromlnalion of UOMNMJ..
rnnm» •!!•
oynonyvna

































•








ReoonaWe
OuanmylBO)
P0unds|rulograin»
100 (45 4)




I (0454)

1 (0454)
1 (0454)
1 (0454)

1 (0454)

1 (0454)
1 (0454)
1 (0454)

100 (4S 4)

1 (0454)

1 (0464)


1 10454)
1 (0454)

1 (0454)
1 10454)

1 (0454)

1(0454)

1(0464)


1 (0.454)
1(0,454)

1(0454)

   « • ma RO for these hazardous substances la United to mote pieces of the metal having a diameter smaller mm 100 rneromatars (0 004 Inches)
   «* • me HO for asoeatoa • kmned to made forma only
   * - mdcatea mat ma matenal appears by name «the Hazardous Matsnata TaMa                                                         __ ...
   @ • means mat ma name was added by RSPA because (1) the name • a synonym for a specific hazardous substance and (2) the name appears m me Hazardous Materials Table as a
proper shipping name
   5. In the first column of page 42195.
paragraph (e) of § 172.102 is correctly
revised to read as follows:

§172.102  Purpose and use of Optional
Hazardous Materials Table for International
shipments.
•     •    •     •     •

   (e] When an appropriate shipping
name from the Optional Table is used to
describe a hazardous material which is
also a hazardous substance, the
additional description requirements for
hazardous substances in 88 172.203(c)
and 172.324 are applicable.
•    t    •    •     •

  6. In 8 172.203. paragraph (c) which
begins in the first column of page 42195
is correctly revised to read as follows:

§172.203  Additional description
requirements.
•    •    •    •     •

  (c) Hazardous substances. (1) If the
proper shipping name for a material that
is a hazardous substance does not
identify the hazardous substance by
name, one of the following descriptions
shall be entered, in parentheses, in
association with the basic description:
  (i) The name of the hazardous
substance as shown in the appendix to
8 172.101; or
  (ii)  For waste streams, the waste
stream number or
  (iii) For wastes which exhibit an EPA
characteristic of ignitability. corrosivity.
reactivity, or EP toxicity. the letters
"EPA" followed by the word

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           Federal Register  /  Vol. 52.  No. 31 /  Tuesday. February 17.  1987 / Rules and Regulations
                                                                       4843
"ignitability", or "corrosivity". or
"reactivity", or "EP toxicity", as
appropnate or the corresponding "D"
number, as appropriate.
  (2) The letters "RQ" shall be entered
on the shipping  paper either before or
after the basic description required by
§ 172.202 for each hazardous substance.
For example: "RQ, Cresol. Corrosive
material. UN 2076"; or "Hazardous
substance, solid, n.o.s., ORM-E, NA91B8,
(Adipic acid). RQ".
•    •     •     •     •

  7. Beginning in the second column of
page 42195. § 172.324  is correctly revised
to read as follows:
§ 172.324 Hazardous substances.
  For each package with a capacity of
110 gallons or less that contains a
hazardous substance—
  (a) If the proper shipping name does
not identify the hazardous substance by
name, one of the following descriptions
shall be marked on the package, in
parentheses, in association with the
proper shipping name:
  (1) The name of the hazardous
substance as shown in the appendix to
§ 172.101; or
  (2) For waste streams, the waste
stream number or
  (3) For wastes which exhibit an EPA
characteristic of ignitability. corrosivity,
reactivity, or EP toxicity. the letters
"EPA" followed by the word
"ignitability", or "corrosivity", or
"reactivity", or "EP toxicity". as
appropriate or the corresponding "D"
number, as appropriate.
  (b) The letters "RQ" shall be marked
on the package in association with the
proper shipping name.
  Issued in Washington. DC. on January 30,
1987. under authonty delegated in 49 CFR
1.53.
M. Cynthia Douglasa,
Administrator. Research and Special
Programs Administration.
[FR Doc. 87-2532 Filed 2-13-87:8:45 am]

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 Monday
 March 16, 1987
Part II



Environmental

Protection Agency

40 CFR Parts 117 and 302
Hazardous Substances; Reportable
Quantity Adjustments; Proposed Rules

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8140
Federal Register /  Vol. 52.  No. 50  /  Monday. March 16. 1987 /  Proposed Rules
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Parts 117 and 302

 ISW H-FRL 312*4)

 Reportabla Quantity Adjustments

 AGENCY: U.S. Environmental Protection
 Agency (EPA)
 ACTION: Proposed rule.	

 SUMMARY: Sections 103(a) and 103(b) of
 the Comprehensive Environmental
 Response. Compensation, and Liability
 Act of 1980 (CERCLA). as amended
 require that persons in charge of vessels
 or facilities from which a hazardous
 substance has been released in
 quantities that are equal to or greater
 than its reportable quantity (RQ)
 immediately notify the National
 Response Center of the release. Section
 102(b) of CERCLA establishes RQs for
 releases of designated hazardous
 substances at one pound except those
 for which RQs were established
 pursuant to section 311(b)(4) of the
 Clean Water Act (CWA).
  Section 102(a) authorizes the
 Administrator of the U.S. Environmental
 Protection Agency (EPA) to adjust RQs
 for hazardous substances and to
designate as hazardous substances
 those substances which, when released
 into the environment, may present
substantial danger to the public health
or welfare or the environment A final
 rule published on April 4.1985 (50 FR
 13456) adjusted reportable quantities for
 340 hazardous substances. In a Notice of
 Proposed Rulemaking (NPRM) also
 published on April 4.1985. the Agency
 proposed  adjusted RQs for 105
 additional hazardous substances (50 FR
 13514). A final rule published on
 September 29.1988 (51 FR 34534)
 finalized RQ adjustments for 102 of
 these 105  hazardous substances.1  •
Currently, there are 717 CERCLA
hazardous substances. Twelve of these
substances were listed recently under
section 3001 of the Resource
Conservation and Recovery Act (RCRA)
and adjusted RQs are proposed for
these twelve substances in this
rulemaking.* In today's rulemaking. EPA
  1 Ai noted in that final nila. the Agency decided
10 retain the aututory one-pound RQa for lead.
pentachloroethane. and methyl chloride, pending
analysis of their potential carcmogenicity The RQ
for lead will be ediuated in a future rulemaking. The
RQa for methyl chloride and pentachloroethane are
reprapoied for adiuitment in thia rulemaking (for
further ducuaaion of thete two proposed RQ
adjustments, aee Section IU.0.1. of thia preamble).
  1 The 1Z recently hated aubatanua for which
adjured RQi are proposed in thia rule an- waate
streams Kill  KHZ. K113. K114. K11S. and K11& o-
tnluidine and p-toluidme (SO FR 42938). wane
                        proposes adjusted RQs for 273 of the 275
                        remaining hazardous substances whose
                        RQs were not adjusted by the April 4.
                        1985 final rule or the September 29.1986
                        final rule.3 By making these
                        adjustments, the Agency will be able to
                        focus its resources on those releases
                        which are most likely to pose potential
                        threats to public health, welfare and the
                        environment. In addition, these
                        adjustments will relieve the regulated
                        community of the burden of reporting
                        releases which are unlikely to pose such
                        threats. The RQ adjustments proposed
                        in this rulemaking will affect not only
                        the statutory one-pound RQs under
                        CERCLA. but also the RQs established
                        pursuant to section 311(b)(4) of the
                        CWA.
                          When there is a release of a
                        hazardous substance in a quantity equal
                        to or greater than its RQ as listed in 40
                        CFR 302.4. Table 302.4. as amended in
                        the September 29.1988 final rule (see 51
                        FR 34534. 34541). the person in charge of
                        the vessel or facility must immediately
                        notify the National Response Center.
                        The toll-free number of the National
                        Response Center is listed below under
                        "Addresses."
                        DATES: Comments must be received on
                        or before May 15,1987.
                        ADDRISSCS: The toll-free telephone
                        number of the National Response Center
                        is 1-800/424-8802: in the Washington.
                        DC metropolitan area the number Is
                        1-202/426-2673.
                          Comments: Comments should be
                        submitted In triplicate to Emergency
                        Response Division. Superfund Docket
                        Clerk. Attention: Docket Number 102
                        RQ-273C. Superfund Docket Room LG-
                        100. U.S. Environmental Protection
                        Agency. 401M Street. SW. Washington.
                        DC 20460.
                          Docket Copies of matenals relevant
                        to this rulemaking are contained in
                        Room LC—100 at the U.S. Environmental
                        Protection Agency. 401M Street. SW.
                        Washington. DC 20480. The docket la
                        available for inspection between the
                        hours of 9:00 a.m. and 4:30 p.m.. Monday
                        through Friday, excluding federal
                        holidays. As provided in 40 CFR Part 2,
                        a reasonable fee may be charged for
                        copying services.
                        FOR FURTHER INFORMATION CONTACT:
                        Dr. K. Jack Kooyoomiian. Senior Project
                        Officer. Response Standards and
                        Criteria Branch. Emergency Response
                        Division (WH-548B). U.S. Environmental
                        Protection Agency. 401 M Street. SW.
 Washington. DC 20460. or the RCRA/
 Superfund Hotline 1-600/424-9346. in
 the Washington. DC metropolitan area
 at 1-202/382-3000.
 SUP9LCMCMTARV INFORMATION: The
 contents of today's preamble are lisu
 in the following outline:
 I. Introduction
  A. Statutory Authonty
  B. Background of this Rulemaking
 II  Key Issues Not Addressed in thit Rule
  A. Continuous Releases
  B. Federally Permitted Releases
  C Radionuclide RQs
 in. Reportable Quantity Adiustments
  A. Introduction
  B. Summary of the General Methodology
    Underlying the Reportable Quant.ty
    Adjustments
  C. Summary of the Methodology for
    Adiusting the RQs of Potential
   Carcinogens
   1. Identification Methodology
   2. Ranking Methodology
   3. Changes in Ranking Methodology
  0. Substance* for Which Adjusted RQs are
    Proposed
   1. Individual Hazardous Substances
   i Hazardous Waste Stream*
IV. Reportable Quantity Adjustments Under
    Section 311 of the Clean Water Act
V. Summary of Supporting Analyse*


A. Statutory Authority

  The Comprehensive Environmental
Response. Compensation, and babili'-
Act of 1980 (P.L 96-510). 42 U.S.C. 9f
et seq. (CERCLA or the Act), as
amended by the Superfund Amendments
and Reauthonzation Act of 1986 (Pub. L.
99-499) (SARA), establishes broad
federal authority to deal with releases or
threats of releases of hazardous
substances from vessels and facilities.
Section 101(14) of CERCLA defines the
term "hazardous substance" by
reference to other environmental
statutes. Currently, there are 717
CERCLA hazardous substances. The
Administrator of the U.S. Environmental
Protection Agency (EPA) may designate
additional hazardous substances
pursuant to section 102 of CERCLA,
  Section 103 of the Act requires that
the person in charge of a vessel or
facility notify the National Response
Center immediately when there is a
release of a hazardous substance in an
amount equal to or greater than the
reportable quantity (RQ) for that
substance.* Section 102(b) of CERCLA
                        itreami K117. K11S. and K13S (SI FR 5327). and 2-
                        ethoxyethanol (SI FR 6537) See alao note 5 below.
                         • Today's rule doet not propose adjusted RQ* for
                        lead and methyl isocyanate The statutory one-
                        pound RQs for these two substances will be
                        retained until adjusted in future rulemakinca.
  • A release into the environment of a substance
which is not listed as a CERCLA hazardous
substance but which rapidly forms a CERCLA
haiardoua substance upon release is subieci to the
notification requirements of section 103 If (he
amount of the hazardous substance formed as such
                               Com

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                Federal Register  /  Vol. 52.  No. 50 /  Monday.  March 16.  1987 / Proposed  Rules
                                                                       8141
establishes RQs for releases of
hazardous substances at one pound.
except those for which RQs were
established* pursuant to section 311 of
the Clean Water Act (CWA). Section
I02(a) authorizes EPA to adjust all of
these RQs by regulation.
  A major purpose of the section 103 (a)
and (b) notification requirement is to
alert the appropriate government
officials to releases of hazardous
substances that may require a  federal
response action to protect public health
and welfare and the environment Under
section 104 of CERCLA. the federal
government may respond whenever
(here is a release or  a substantial threat
of a release into the  environment of a
hazardous substance. Response
activities are to be taken, to the extent
practicable, in accordance with the
National Contingency Plan (NCP) (40
CFR 300). which was originally
developed under the CWA and which
has been revised to reflect the
responsibilities and authority created by
CERCLA. EPA emphasizes that a
hazardous substance release
notification is merely a trigger  for
informing the government of a  release so
that appropriate federal personnel can
evaluate the need for a federal removal
or remedial action and undertake any
necessary action in a timely fashion.
Federal personnel will evaluate all
reported releases, but will not
necessarily initiate a removal or
remedial action in response to  aU
reported releases, because the  release of
an RQ  of a hazardous substance  will not
necessarily pose a hazard to public
health  or welfare or  the environment
Government personnel will assess each '
reported release on a case-by-case basis
to determine the appropriate action. In
certain limited situations, when direct
reporting to the National Response
Center is not practicable, the person in
charge may report to the nearest Coast
Guard- or EPA-predesignated On-Scene
Coordinator (OSC). If it is not possible
to notify the National Response Center
or predesignated OSC immediately.
reports may be made immediately to the
nearest Coast Guard unit provided that
the person in charge notifies the
National Response Center as soon as
possible (40 CFR 30O63(b) and 33 CFR
153.203).
  Section 103(b) authorises penalties,
including criminal sanctions, for  persons
in charge of vessels  or facilities who fail
to report releases of hazardous
substances which equal or exceed RQs.
Section 109 of SARA amends section
103(b) of CERCLA. increasing the
maximum penalties and years of
imprisonment. Any person who. as soon
m that person has knowledge of a
importable release, fails to report the
release immediately pursuant to section
103(b) or who submits any information
which he knows to be false or
misleading, shall, upon conviction, be
fined in accordance with the applicable
provisions of Title 18. United Slates
Code (not more than $250.000 or
$500.000. depending upon whether the
violator is an individual or an
organization), or impnsoned for not
more than three years (or not more than
Five years for second and subsequent
convictions), or both. Notifications
received under section 103(b) or
information obtained by exploitation of
such notifications cannot be used
against any reporting person in  any
criminal case, except a prosecution for
perjury or for giving a false statement
Section 109 of SARA also provides for a
system of administrative penalties for
violations of CERCLA section 103(b).
enforceable through civil proceedings.

B. Background of Ma Automating

  On May 25.1983. EPA proposed a rule
(48 FR 23552) to clarify procedures for
reporting releases of CERCLA
hazardous substances and to adjust RQs
for 387 of the then 696 CERCLA
hazardous substances.' The May 25.
1983 NPRM also compiled for the first
time the list of "hazardous substances"
defined under section 101(14) of
CERCLA. The NPRM discussed in detail
the CERCLA notification provisions
(including the persons required  to notify
the National Response Center of a
release, the hazardous substance* for
which notification is required, the types
of releases subject to the notification
requirements, and the exemptions from
these requirements), the methodology
and criteria used to adjust the RQ levels.
and the RQ adjustments proposed under
section 102 of CERCLA and under
section 311 of the CWA. On April 4.
1985. EPA promulgated a final rule (50
FR 13456). that clarified reporting
procedures and finalized RQ
• reaction product equal* or eaceeda the RQ for that
(ubitance. the release muat be reported to tin
National Reiponir Onter.
  • Since the May 25.1983 NPRM 21 additional
lubtiancta havt been lined under section 101(14):
watte stream POM under tecttan 3001 of Hit
Resource Conservation and Recovery Act (RCRA)
(49 FR MOB), coke oven efldnkms under MCtnn 1U
of the Clean Air Act (CAAI (49 FR 36*69): waate
itreama F020, FW1. PBZ2. F023. F02S. FOP. and FOZ8
under lection 3001 of RCRA (SO FR197B): waete
stream* Kill. Kill KlU. Km. K1U. end Kilo,
o-iolutduie end p-toluidine under tecuon 3001 of
RCRA (SO FR 42S36). wane streams K117. K11B. and
KIM under section 3001 of RCRA (91 FR S3Z7). and
2-eihoxyethamri under aecnon 3001 of RCRA (31 FR
6537).
adjustments for 340 hazardous
substances, including 21 waste streams.
  The April 4.1985 Federal Register also
contained an NPRM proposing RQ
adjustments for 105 additional CERCLA
hazardous substances, including seven
waste streams (50 FR 13514). On
September 29.1986. the Agency
promulgated a rule (51 FR 34534) that
finalized RQ adjustments for 102 of
these 105 hazardous substances.
  Today's NPRM proposes RQ
adjustments for a total of 273 hazardous
substances (including 78 waste streams).
The RQ adjustments proposed in this
rule would amend Table 302.4 of 40 CFR
302.4 and. consistent with 40 CFR 117.3.
would apply not only to CERCLA RQs.
but also to the RQs established for
hazardous substances under section
311(b)(4]oftheCWA.
  Section II of this preamble discusses
key issues relating to RQ adjustments
and CERCLA notification requirements
that are not addressed in this
rulemaking. Section III discusses the RQ
adjustments and die methodology used
in making these adjustments, focusing in
particular on the methodology for
adjusting RQs based on potential
carcinogenicity. Section IV addresses
RQ adjustments under section 311 of the
CWA. Section V provides a  summary of
the analyses supporting this proposed
rule.
  It is important to note that other
provisions of CERCLA may apply even
when the statute does not require
notification. Therefore, nothing in this
rulemaking should be interpreted as
reflecting Agency policy or the
applicable law with respect  to other
provisions of the Act For example.
unless specifically exempted under
CERCLA. a party responsible for a
release is liable for the costs of cleaning
up that release and for any natural
resource damages caused by the release.
even if the release is not subject to the
notification requirements of sections 103
(a) and (b). Similarly, proper reporting of
a release in accordance with sections
103 (a) and (b) does not preclude
liability for cleanup costs. The fact that
a release of a hazardous substance is
properly reported or that it is not subject
to the notification requirements of
sections 103 (a) and (b) will  not preclude
EPA or other government agencies from
taking response actions under section
104. seeking reimbursement  from
responsible parties under section 107. or
pursuing an enforcement action against
responsible parties under section 106.
Note also that this proposed rule does
not affect hazardous substance reporting
requirements imposed by other

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  8142
Federal  Register / Vol. 52. No  50 / Monday. March IB. 1987 /  Proposed  Rules
  regulations and statutes (except the
  CWA—see Section IV below).
    Neither today's NPRM. the September
  29.1986 final rule, nor the April 4.1985
  final rule addresses the designation
  under section 102(a) of hazardous
  substances which are not designated
  under other statutes listed in CERCLA
  section 101(14). The Agency has
  conducted several preliminary economic
  and technical analyses on this subject
.  and an Advance Notice of Proposed
  Rulemckmg (ANPRM) (48 FR 23602).
  published on May 25.1983. invited
  public comment. Section 302 of the
  recently enacted SARA legislation
  requires EPA to publish a list of
  extremely hazardous substances. On
  November 17.1988.  the Agency
  published this list (51 FR 41570). Because
  some of the substances on this recently
  published list are not CERCLA
  hazardous substances. EPA has decided
  to initiate a proposed rulemaking under
  section 102 of CERCLA to designate
  these extremely hazardous substances
  as CERCLA hazardous substances, both
  to better protect public health, welfare.
  and the environment and to promote
 regulatory consistency.
 IL Key IMUM Not Addressed In This
 Rule

 A. Continuous Releases
   Under sections 103 (a) and (b) of
 CERCLA, no distinction it made
 between episodic and  continuous
 releases. Section 103 (f)(2). however.
 sets forth a reduced  reporting
 requirement for certain releases of
 hazardous substances. Releases may be
 reported less frequently than under
 sections 103 (a) and  (b) if they are
 "continuous." "stable in quantity and
 rate." and notification  has been given
 under sections 103 (a) and (b) "for a
 period sufficient to establish the
 continuity, quantity,  and regularity" of
 the release. Notification must still be
 given "annually, or at such time as there
 is any statistically significant increase"
 in the quantity of the hazardous
 substance being released. Thus, instead
 of reporting every release as It occurs.
 certain continuous releases may be
 reported less often.
  In the May 25.1983 proposal EPA
 noted that enforcement efforts would be
 focused on episodic rather than- -   .
 continuous releases. The Agency
 presented alternative interpretations of
 which releases could be included within
 the continuous release definition, and
 discussed an ongoing (e.g.. annual)
 notification scheme for releases initially
 determined to be within the definition.
  The Agency received more than 40
 comments in response  to the discussion
                        of continuous releases in the Mdy 25.
                        1983 NPRM. At the present time. EPA is
                        in the process of developing continuous
                        release reporting regulations to clarify
                        this reduced reporting requirement.

                        B Federally Permitted Releases
                         One of the exemptions from section
                        103 reporting requirements is for
                        "federally permitted releases." The
                        definition of "federally permitted
                        release" in CERCLA section 101(10)
                        specifically identifies releases permitted
                        under certain other state or federal
                        programs.
                         In the May 25.1983 NPRM. EPA
                        explained its interpretation of each type
                        of release exempted by the definition of
                        "federally permitted release." The
                        Agency received many comments on the
                        scope of the federally permitted release
                        exemption, most of which urged a broad
                        interpretation of one or more of the
                        federally permitted releases. Due to the
                       complexity of the issues involved, the
                       Agency decided to examine further the
                       scope of the federally permitted release
                       exemption. Currently, the Agency is
                       developing a rule clarifying the
                       definition of "federally permitted
                       releases."

                       C. Radionuclide RQf
                         Radionuclides are hazardous
                       substances under CERCLA because they
                       are designated as a hazardous air
                       pollutant under section 112 of the Clean
                       Air Act (CAA). In the preambles to  the
                       May 25.1983 NPRM and the April 4.
                       1985 final rule, the Agency recognized
                       that the statutory RQ of one pound may
                       not be appropriate for radlonuclides. but
                       deferred regulatory action to adjust this
                       RQ until me Agency's analysis of
                       radionuclides was completed. The.
                       statutory one-pound RQ for
                       radionuclides is proposed for
                       adjustment in a separate NPRM in
                       today's Federal Register.

                       IIL Repottable Quantity Adjustments
                       A. Introduction
                         Section 102(b) of CERCLA establishes
                       RQs for releases of hazardous
                       substances at one pound unless other
                       RQs were established under section 311
                       of the CWA. For these latter substances.
                       section 102(b) adopts the  established
                       CWA RQs. This rulemaking proposes
                       adjustments to the statutory. RQs.based
                       upon specific scientific and technical
                       criteria that relate to the possibility  of
                       harm from the release of a hazardous
                       substance in an RQ. These proposed
                       RQs. therefore, when finally adjusted.
                       will enable the Agency to focus its
                       resources on those releases which are
                       most likely to pose potential threats to
 public health and welfare and the
 environment. Such RQ adjustments will
 also relieve the regulated community
 and emergency response personnel from
 the burden of making and responding
 reports of releases which are unlikely
 pose such threats.
   This NPRM proposes adjusted RQs for
 273 of the 275 hazardous substances not
 assigned adjusted RQs by either the
 April 4.1985 final rule or the September
 29.1988 final rule. These 273 hazardous
 substances have been evaluated for
 potential carcinogemcity and/or chronic
 toxicity. and the proposed RQ
 adjustments are based on the results of
 these evaluations. RQs are also
 proposed for six of the constituents used
 to determine the RCRA characteristic of
 extraction procedure (EP) toxicity.4
  The primary purpose of notification is
 to ensure that persons in charge notify
 the federal government so that federal
 personnel can assess the need to
 respond to the release. The different RQ
 levels do not reflect a determination that
 a release of a CERCLA substance will
 be hazardous at the RQ level and not
 hazardous below that level. EPA has not
 made such a determination because the
 Agency has found that the actual hazard
 will vary with the unique circumstances
 of the release, and extensive scientific
 data and analysis would be necessary to
 determine the hazard presented by each
 substance under a number of possible
 circumstances. Instead, the RQs are
 designed to be a trigger for notification
 and reflect the Agency's judgment that
 the federal government should be
 notified of certain releases to which  a
 federal response might be necessary.
The RQs represent a determination only
of possible or potential harm, not that
releases of a particular amount of a
hazardous substance necessarily will be
harmful to public health or welfare or
the environment
  Many considerations aside from the
quantity released affect the
government's decision concerning
whether and how it should undertake a
response action pursuant to the NCP
with respect to a particular release. The
location of the release, its proximity to
drinking water supplies or other
valuable resources, the likelihood of
exposure or injury to nearby
populations, response actions taken by
responsib1e'partie». and other factors
must be assessed bythe federal OSC on '
a case-by-case basis. The reporting
requirement enables the federal
  • For a dlKuMion of iheie lix constituent*.
including their prapoitd RQi »ee Section III 0 z of
this preamble

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                  Federal  Register / Vol. 52. No. 50 / Monday. March 16. 1987  /  Proposed Rules
  government to leam when such
  assessments should be made.
    Because the CERCLA RQ adjustment
  methodology is broader than that used
  pursuant to section 311 of the CWA.
  some of the RQs proposed tocidy.dre not
  the same as those initially promulgated
  under the CWA. The April 4.1985 final
  rule (SO FR 13456). amended 40 CFR
  117 3 to nidVe RQs ad|usted under
  CERCLA the applicable RQs for
  purposes of CWA section 311. Thus.
  when finalized, today's proposed RQ
  adiustments will apply to both CERCLA
  and the applicable CWA RQs. A person
  in charge need not report a single
  release twice in order to satisfy
  CERCLA and CWA reporting
  requirements: one report to the National
  Response Center suffices.

  B. Summary of the General
  Methodology Underlying the Reportable
  Quantity Adiustments
   The Agency has wide discretion in
  ddfusting the statutory RQs for
  hazardous substances under CERCLA.1
  Administrative feasibility and
  practicality are important
  considerations. The Agency's selected
  methodology for adjusting RQs begins
  with an evaluation of the intrinsic
 physical, chemical, and lexicological
 properties of each hazardous substance.
 The intrinsic properties examined—
 called "primary criteria"—are aquatic
 toxicity. mammalian toxicity (oral.
 dermal, and inhalation), ignitability.
 reactivity, chronic toxicity. and potential
 carcinogenicity.
   The Agency ranks each intrinsic
 property (except potential
 carcmogenicity) on a five-tier scale.
 associating a specific range of values on
 each scale with a particular RQ value.
 This five-tier scale uses the five RQ
 levels of 1.10.100.1000. and 5000
 pounds, originally established pursuant
 to CWA section 311 (see 40 CFR Part 117
 and 44 FR 50776). For hazardous
 substances evaluated for potential
 carcinogenicity. each substance is
 assigned a hazard ranking of "high."
 "medium." or "low." These hazard
 rankings correspond with RQ levels of 1.
 10. and 100 pound*, respectively. Each
 substance receives several tentative RQ
 values based on its particular
 properties.6 The lowest of all of the
  'At Senate Report No BO.9HhCuinieaa.
Second Seuran (leso) nom al page z* "!•
determining reporuMe QMOMitM und«r the
paragraph |Mction 3
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CI44
Federal  Register /  Vol.  52.  No. 50 /  Monday.  March 16.  1987 / Proposed  Rules
for ranking CERCLA hazardous
substances for potential carcmogenicity
The CERCLA methodology for
evaluating hazardous substances for
potential carcmogenicity is set out for
public comment for the Tint time in
today's proposal. The weight-of-
evidence portion of the CERCLA
methodology was developed
independently of this rulemaking. as
part of the Agency's Proposed
Guidelines for Carcinogen Risk
Assessment (49 FR 46284. November 23.
1984).* The CERCLA methodology is not
a risk assessment and it does not yield
an absolute measure of harm. Rather.
the methodology simply represents a
means of sorting potentially
carcinogenic substances into categories.
which may then be equated to RQ
levels.
  The methodology for ranking potential
carcinogens begins by reviewing
available information in the scientific
literature on each substance identified
as a potential carcinogen. This
information is then evaluated using a
two-stage process. The first stage is a
qualitative assessment of the  likelihood
that a particular hazardous substance is
a human carcinogen. During this stage.
the available data is evaluated using
EPA's "weight-of-evidence"
classification system, presented in the
Agency's Guidelines for Carcinogen
Risk Assessment The second stage is a
quantitative assessment 'designed to
predict the relative strength of a
hazardous substance to elicit a
carcinogenic response ("potency
factor"). The quantitative stage allows
the Agency to rank potential
carcinogens on a numerical scale by
identifying the most potent substances
as the most hazardous. The results of
the qualitative and quantitative
assessments are then combined to arrive
at a "hazard ranking" for each
hazardous substance evaluated for
potential carcinogemcity. The CAG
methodology for ranking potential
carcinogens is discussed in more detail
below.
  During the qualitative assessment
stage, the Agency evaluate* the quality
and reliability of the available data to
determine the "weight of evidence" (or
degree of certainty) that a particular
hazardous substance is a human
carcinogen. The data used are derived
primarily from human epidemiology
  • The Final Guideline for Carcinogen Risk
 Assessment were signed by the Adouuitntor on
 August 22. 19S& and publuhed In the P«
 Register en September 24. IBM (Me 81 FR 33902).
 The wetgBt^f-evtdenoe methodology contained In
 the Proposed Guideline* was not changed in the
 Final Guidelines or In the CERCLA methodology
 described ebovo.
                        studies and animal bioassay studies, but
                        supportive information such as
                        mutagemcity and chemical structure
                        also is considered, in this process, the
                        degree of evidence  in human and animal
                        studies is evaluated separately and
                        classified as "sufficient" evidence.
                        "limited" evidence, "inadequate"
                        evidence, "no data." or "no evidence."
                        The guidelines used for the weight-of-
                        evidence determination follow the
                        Agency's Guidelines for Carcinogen
                        Risk Assessment. These classifications
                        are then combined with supportive
                        evidence to amve at an overall weight-
                        of-evidence category (A. Bl. B2. C. D. or
                        E) representing the  degree of certainty
                        that a particular hazardous substance is
                        a human carcinogen.
                          A hazardous substance is placed in
                        Croup A (known human carcinogen)
                        only if "sufficient" evidence from human
                        epidemiologic studies supports a causal
                        connection between exposure to the
                        hazardous substance and cancer. Group
                        B (probable human carcinogen) includes
                        hazardous substances for which the
                        weight of evidence  of human
                        carcinogenicity based on epidemiologic
                        studies is "limited." or for which the
                        weight of evidence  of carcinogenicity
                        based on anunal studies is "sufficient"
                        (in the absence of sufficient human
                        evidence). Group B is divided into two
                        subgroups. Bl and B2. Where there is
                        limited evidence of carcinogenicity from
                        epidemiologic studies, a hazardous
                        substance usually is placed in Group Bl.
                        Hazardous substances for which there is
                        "sufficient" evidence from animal
                        studies and "inadequate" evidence or
                        "no data" from human epidemiologic
                        studies usually are placed in Group B2.
                        Because it is reasonable to treat
                        hazardous substances for which there is
                        sufficient evidence of carcinogenicity in
                        animals as if they present a carcinogenic
                        risk to humans- such substances are
                        classified as probable human
                        carcinogens (Group B). Group C
                        (possible human carcinogen) includes
                        hazardous substances with "limited"
                        evidence of carcinogenicity in animals
                        and "inadequate evidence" or "no data"
                        from human epidemiologic studies. A
                        hazardous substance is placed in Group
                        D (not classifiable for human
                        carcinogenicity) if there is "inadequate"
                        human and animal evidence of
                        carcinogenicity or no data are available.
                        Group B (evidence of non-
                        carcinogenicity for humans) Includes
                        hazardous substances that show no
                        evidence of carcinogenicity in at least
                        two animal tests in different species or
                        in both human epidemiologic and animal
                        studies. The designation of a Group E
                        substance is based on the available
evidence and should not be interpreted
as a definitive conclusion thai the
substance will not elicit a carcinogenic
response under any circumstances
Group D and E substances are not
considered to be "potential carcinogen
for purposes of this proposed
rulemaking (see note 11 below). No
hazard ranking is made for these
substances and other primary criteria
are used to assign RQs.
  During the quantitative stage, the
Agency uses the available data  to
estimate the dose of a hazardous
substance associated with a lifetime
increased cancer nsk of 10 percent
(ED,0). The estimated dose is then used
to calculate a  potency factor (F). where
F equals 1/ED,0. The 10 percent lifetime
nsk is used because this risk level is
within the expenmental range and does
not require additional extrapolation to
estimate the carcinogenic response at
extremely low doses. Details of the
calculation of potency  factors for
specific hazardous substances evaluated
for potential carcinogenicity may be
found in the individual chemical profiles
for each potential carcinogen. These
chemical profiles are available for
inspection at Room LG-100, U.S.        '
Environmental Protection Agency. 401 M'
Street SW. Washington. DC 20460.
   Based on the calculated potency
factors, each potential carcinogen is
ranked and then placed in one of threr
potency groups. Group 1 includes tho
hazardous substances  with the highes.
potencies. Other potential carcinogens
with medium  and low potencies ere
placed in Groups 2 and 3. respectively.
   Whenever available information
allows EPA to quantify potency, a
substance is placed in  potency Group 1.
2. or 3. However, for certain potential*
carcinogens, there is either "sufficient"
or "limited" evidence of carcinogenic
effect but the quantitative information
is not adequate to allow the Agency to
estimate a potency factor using the
Agency's current methodology. There
are two classes of such substances.
First if the best available data indicates
that a substance may be a strong
carcinogen (i.e.. all animals exposed to
every experimental  dose developed
tumors), the Agency will assign the
substance to  the highest potency group
(Group 1). Second, if the best available
data are inadequate for calculating a
potency factor and allow no quantitative
Inferences to be made, the substance
will be assigned to Group 2. as though it
had a mid-range potency factor.10 These
  '• For similar reasons, ssbettos 11 sislgnea 10
 potency Croup 2. Aibnios n s unique case because
                              Connr

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                  Federal Register / Vol.  52. No. 50 / Monday. March 16.
                                              Proposed Rules
  assigned potency factors enable the
  Agency to assign hazard rankings to
  these substances following the standard
  procedure of combining the weight-of-
  evidence group with the potency group.
  as described below.
    The final step in the hazard ranking
  procedure is to combine the qualitative
  weight-of-evidence groups and the
  quantitative potency factor groups using
  a matrix to yield a relative hazard
  ranking for each substance. Thus.
  hazard rankings are based jointly on
  two factors—weight of evidence and
  potency—that the Agency believes are
  important in descnbmg carcinogenic
  hazards. The three relative rankings are
  identified as "high." "medium." and
  "low." The matrix is arranged so that as
  the weight of evidence and the potency
  factors decrease, the hazard ranking
  decreases also.
    Depending on whether a weight-of.
  evidence Croup B carcinogen falls into
  potency Croups 1.2. or 3. a hazard
  ranking of high, medium, or low ia
  assigned. Hazard rankings are one level
  higher (high. high, or medium) for
  weight-of-evidence Group A
  carcinogens. This increased concern is
 justified because then is direct human
 evidence establishing that Group A
 substances cause cancer. Hazard
 rankings are one level lower (medium.
 low. or low) for Group C carcinogens.
 This reduced concern is justified
 because of the lack of evidence
 implicating Group C substances as
 human carcinogens. i.e.. either the
 available studies are well-conducted but
 unreplicated or the evidence ia of
 marginal biological or statistical
 significance.
   Before settling on these hazard
 ranking assignments, alternative ranking
 schemes were considered. Proposals
 that all Group A substances be ranked
 high or that all Group C substances be
 ranked low were rejected because the
 Agency believes strongly that potency.
 too. is important in describing a
 carcinogenic hazard. Similarly. •
 proposal to base hazard rankings on
 potency alone was rejected because the
 Agency believes that the weight of
 evidence must be considered aa well.
 The Agency believes that the hazard
 scheme finally selected allows proper
 consideration of both weight of evidence
 and potency. For further discussion of
 the hazard ranking matrix, see the
Technical Background Document to
Support Rulemaking Pursuant to
CERCLA Section 102. Volume 3.

although data are (variable, that* data are baaed OB
particle tiu rather than weight to thai a relative
potency ranking cannot be calculated for aibeitea
(aee ditcuuion In Section 111 01 of thia preamble).
  December 1986. available for inspection
  at Room LG-100. U.S. Environmental
  Protection Agency. 401 M Street. SW.
  Washington. DC 20460. The following is
  the matnx the Agency used to arrive at
  hazard rankings:

            HAZARD RANKING
              No naara iMong • made. The oMr
             pmwy enuna ara uMd • aaaqn M Ma
  E	    NO naura ramng • made. The oO*r
             pnmar* cram •* uaaa « •Man tie Ma

   This grouping of all potential
  carcinogensll into "high." -medium,"
  and "low" hazard categories on the
  basis of biological information Is used to
  assign RQ levels. RQ levels are assigned
  to the hazard rankings as follows: high—
  one-pound RQ; medium—10-pound RQ;
  and low—100-pound RQ.
   In deciding whether to assign RQs for
 potential carcinogens at all five RQ
 levels, the Agency examined the special
 properties associated with these
 substances, used the Agency's air
 dispersion model to analyze the risks
 posed by their release, and evaluated
 them in light of the Agency's chronic
 toxicity methodology. The Agency
 decided not to use the two highest RQ
 levels for potential carcinogens for
 several reasons. Pint cancer can be
 considered to be a chronic health effect
 EPA therefore believes that reference to
 the Agency's chronic toxidty
 methodology is appropriate in assigning
 RQs to potential carcinogens. Under the
 chronic toxicity methodology, each
 substance is assigned two rating values,
 one  based on the dose that causes a
 particular effect and  one based on the
 severity of the effect The dose ratings
 range from one to 10, with 10
 representing the most toxic substances.
 The  effect ratings also range from one to
 10. with 10 representing the most severe
 effect The product of the dose and
 effect ratings for each substance yields
 a composite ranking score between one
 and  100. For a more detailed discussion
 of the chronic toxicity methodology, see
 the Technical Background Document to
 Support Rulemaking Pursuant to
 CERCLA Section 102. Volume 1. March
 1985. available for inspection at Room
 LG-100. U.S. Environmental Protection
 Agency. 401M Street SW. Washington.
 DC 20460. Because cancer is a life-
  1' For purpoaea of Ihia propoaed rule, the tern
"potential cardnogena" refen to all haiardoua
lubatancea aaaigned to Croup A. a or C under the
Agency'i weighl-of-evidence methodology.
                                                                                                               814
  threatening or life-shortening effect, the
  effect rating for cancer would be 10 if
  cancer were ranked on the chronic
  toxicity scale. Therefore, the composite
  score for any potential carcinogen
  would be at least 10. A composite score
  of 10 corresponds to an RQ of 1000
  pounds. Thus, a 5000-pound RQ for a
  potential carcinogen would be
  inappropriate based on the Agency's
  chronic toxicity scale.
    Second, application of an air
  dispersion model developed by the
  Agency shows that substantial cancer
  risks can result from releases of 1000
  pounds or more of moderate to weak
  potential carcinogens. The results of the
  Agency's evaluation using the air
  dispersion model indicate that reporting
  levels of 100 pounds or less for potential
  carcinogens are necessary to protect
  public health from releases of these
  hazardous substances. The model is
  based on an exposure scenario that
  includes the following release
  conditions: the substance is a stable gas.
  volatile liquid, or aerosol that remains in
  the air long enough to reach the point of
 exposure, the duration of exposure is 24
 hours, the release occurs under stable
 meteorological conditions (one meter
 per second wind speed), and exposure
 occurs 30 meters downwind from the
 point of release. For  a more detailed
 discussion of the Agency's air
 dispersion model and the assumptions
 on which it is based, see the Technical
 Background Document to Support
 Rulemaking Pursuant to CERCLA
 Section 102. Volume 3. December 1986.
 available for inspection at Room LG-
 100. U.S. Environmental Protection
 Agency. 401 M Street SW. Washington.
 DC 20480.
  The Agency has rejected the use of
 scenarios for RQ adjustment purposes ia
 previous RQ rulemakings (aee 50 FR
 13456.13466. April 4.1965). In this
 proposed rulemaking. however, the
 Agency has used worst case exposure
 assumptions in its analysis. The Agency
 made these assumptions because of
 uncertainty about the duration.
 magnitude, and route of future
 exposures. Because of the factors
 described below, future exposures to
 potential carcinogens may be of
 concern. First in contrast with other
 toxic effects, threshold levels of
 exposure below which a potential
carcinogen does not present some risk of
cancer have not been demonstrated.
Doses that have been shown to cause
cancer are generally lower than the
lowest dose that induces a chrome
effect The linear non-threshold
mechanisms of carcinogenesis contained
in the Agency's Guidelines for

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8146
Federal Register /  Vol.  52.  No. 50  /  Monday.  March 16. 1987 / Proposed  Rules
Carcinogen Risk Assessment (51 FR
33992) suggest that appropriately-
designed studies could demonstrate
onset of cancer at even lower doses.
Second, cancer risks are considered to
be cumulative, therefore a number of
small releases can be as serious as a
single large release. Because the cancer
risk depends on the cumulative dose.
uncertainties about Future exposures are
cause for concern. Future releases  of the
same potential carcinogen add to the
nsk. Future releases of other potential
carcinogens that cause cancer by the
same mechanism also add to the risk.
Occupational exposures or ambient
environmental exposures increase  the
nsk further. This is in contrast to non-
cancer health effect*, for which a
number of small exposures below the
threshold pose DO future risk. For these
reasons, together with the fact that
cancer has a latent period that does not
allow direct observation of carcinogenic
nsks from substances newly released
into the environment, the Agency
proposes to calculate the appropriate
maximum RQ leva! for potential
carcinogens using a model that is based
on conservative assumptions.
  Although this proposed rule does not
assign 1000-pound or 5000-pound RQs to
any potential carcinogen. EPA solicits
comments with supporting data on
whether individual potential
carcinogens should be eligible for 1000-
pound or 5000-pound RQs because such
substances lack the special
characteristics that distinguish potential
carcinogens from other hazardous
substances. At this time, the Agency
does not plan to assign final adjusted
RQs of greater than 1000 pounds to any
potential carcinogen because this result
would be inconsistent with the Agency's
chronic toxicity methodology discussed
above.
3. Changes in Ranking Methodology
  In its evaluation of CERCLA
hazardous substances Identified as
potential carcinogens, the Agency
initially employed a ranking
methodology that used a weight-of-
evidence scheme developed by IARC.
EPA subsequently revised the IARC
weight-of-evidence schema, and used
this revised wetght-of-evtdence
methodology in conjunction with
potency  factors, to obtain hazard
rankings for CERCLA hazardous
substances that are potential
carcinogens. The revised ranking
methodology has been summarized in
Section IILCLz. of this preamble and is
discussed in greater detail in the CAC
report entided 'Technical Support
Document and Summary Table for the
Ranking of Chemicals Based on
                        Carcinogenicity." OHEA-C-073.
                        February 1986. This report is reproduced
                        as Appendix A oHhe December 1986'
                        Technical Background Document to
                        Support Rulemaking Pursuant to
                        CERCLA Section 102. Volume 3.
                        available for inspection at Room LG-
                        100. U.S. Environmental Protection
                        Agency. 401 M Street SW. Washington.
                        DC 20460.
                          EPA decided to use the revised
                        weight-of-evidence methodology
                        because the revised methodology refines
                        the IARC approach and has had
                        extensive peer review both within and
                        outside the  Agency. In order to
                        distinguish  more accurately those
                        substances  for which there is limited
                        evidence of carcinogenictty. but not
                        enough evidence to satisfy Croup B
                        requirements. EPA divided IARC Croup
                        3 (insufficient evidence) into Croup C
                        (possible human carcinogen) and Croup
                        D (not classifiable for carcinogenicity).
                        The revised weight-of-evidence
                        methodology allows Croup C substances
                        to be assigned RQs based on potential
                        carcinogenicity. IARC Group 3
                        substances  could not be so «««i[puMl
                          In addition, the Agency's Guidelines
                        for Carcinogen Risk Assessment provide
                        for consideration of certain benign as
                        well as malignant tumor data, when
                        appropriate, and pooling of significantly
                        elevated tumor sites and type*. Because
                        the RQ adjustment process for this
                        proposed rule was initiated while the
                        Guidelines stiO wen being developed.
                        the potency factors for some potential
                        carcinogens may not fully reflect the
                        position set forth ia the Guidelines
                        regarding consideration of benign
                        tumors and pooling of tumor sites and
                        types. Therefore, as the Agency
                        publishes this proposed rule, we are in
                        the process of verifying that ell poteacy
                        factor calculations are in accordance
                        with the Guidelines. Because many
                        potency fsstor calculations will not be
                        affected by this review and potency
                        factors would have to change
                        substantially to change hazard rankings,
                        we expect that few. it any, of the
                        substances  *tu] undergoing verification
                        will have proposed RQs altered as a
                        result of dais review. Therefore, the
                        Agency has decided to proceed now
                        with this proposed rulemaking. The list
                        of substances subject to verification is
                        available for review in the public docket
                        for this rule. This verification process
                        will be completed during the comment
                        period and  the resulting chemical
                        profiles  and adjusted RQs will be
                        available in the public docket for public
                        review and comment. If necessary, the
                        public comment period will be extended
                        for those substances where reasonable
notice and comment time is not
available.11

D Substances far Which Adjusted RQs
are Proposed

  Today's rule proposes to adjust RQs
for 273 of the remaining 275 hazardous
substances.1' The proposed RQs lower
the statutory RQs of 56 hazardous
substances, raise the statutory RQs of
123 hazardous substances,  and leave the
statutory RQs of 94 hazardout
substances unchanged. The 273
hazardous substances include 195
individual hazardous substances and 78
hazardous waste streams. EPA requests
comments on the RQ adjustments for
particular hazardous substances
proposed in this rulemaking. as well as
the Agency's methodology  for adjusting
the RQs for hazardous substances based
on potential carcinogenicity.

1. Individual Hazardous Substances

  The bases for the proposed adjusted
RQs of the 185 individual hazardous
substances an as follows: 137 on the
basis of potential caronogeniaty alone.
23 on the basts of potential
carcinogenicity and at least one other
primary criterion, and 35 on the basis of
criteria other than potential
carcmogenicity.14 The following
discassion provides an explanation of
the proposed RQs for certain individual
hazardous sobetanc
  Within the 273 hazardous substances
(195 individual hazardous substances
and 78 hazardous waste streams).
subject to today's proposed role, there
are four hazardous substances that were
not evaluated for the primary RQ
  11 In addition. Ike Agency has completed •
separate primary review of the RQ profile! for each
of the 1011
                             i that
hava ben evalnawd for potential cafdnogcBKity
Carnally, lha Agency ia ~~^—»—q a secondary
level of review of Ibeee profile*. The Agency
expects thai tMe seconaYny review writ be
completed dortna lha pabbc consent period If. as a
reiult of due renew. reaaonabU name and
comment tin* la oat available far particular
substances, the public comment period will be
extended for thoae substance*.
  19 The two aabetaneee whoee RQe en not
adjusted hi da* ntaakUftej are being evantated at
follow*: aMtbvl isecyaaaxa on the beam of
inhalation loudly: and lead on the baaia of
potential carctnogmlary. The tuiutory one-pound
RQe for mettoyi leuojenele and lead wHI be
retaned. pending canipteUua of the Agency's
analytn of their loudly or poMfidal
carcinogenicity.
  " Thirty-one of th**a U lubataacei were
identified ai potential etitmugeiu. The proposed
RQi for Iheea M •abaMncaa are not bated on
potential carcinogematy. however, because their
tentative RQs based on potential carcinogenicity
are higher than the tentative RQs besed on other
criteria. Ponr of thaw IS substances were not
evaluated for potential cairrnogencity (tee
discussion following in tent)

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                   e  era
                          Keysier  /  vcl  52.  No. 50 / Monday  March 16. 1987 / Proposed Pules
  adjustment criterion of potential
  carcmogenicity (chloral.
  hexachlprocyclopentadi.ene. 2-
  ethoxyethanol. and parathionK The
  proposed RQs for these four hazardous
  substances are based on primary
  criteria other than potential
  carcmogenicity.
    Chloral originally was identified as a
  potential carcinogen because it was
  thought to hydrolyze to chloroform, a
  potential carcinogen. The May 25.1983
  NPRM (48 FR 23552) indicated that
  chloral was to be evaluated for potential
  carcinogenicity based on its potentially
  carcinogenic reaction product,
  chloroform. One comment received in
  response to the May 25.1983 NPRM
  noted, however, that chloral does not
  readily hydrolyze. The Agency agrees
  with this observation, and therefore has
  decided to base the proposed RQ for
  chloral (5000 pounds) on evaluation of
  the primary criteria for chloral itself.
 and not on an evaluation of the primary
 cntena for any reaction products.
   Parathion and hexachlorocyclo-
 pentadiene have not been identified as
 potential carcinogens for RQ adjustment
 purposes. The RQs for both substances
 are being reproposed from the one-
 pound RQs proposed in the May 25.1983
 NPRM for both substances on the basis
 of the primary RQ adjustment criterion
 of aquatic toxicity. A comment received
 on the May 25.1983 NPRM cited more
 recent aquatic toxicity data using
 preferred species. The new aquatic
 toxicity data support a proposed 10-
 pound RQ for parathion. Since
 publication of the May 25.1983 NPRM.
 the Agency has also obtained additional
 data on the degradation of hexachloro-
 cyclopentadiene in the environment
 These additional data support raising
 the previously proposed one-pound RQ
 for hexachlorocyclopentadiene to 10
 pounds based on BMP. Finally. 2-
 ethoxyethanol also has not been
 identified as a potential carcinogen and
 its proposed 1000-pound RQ is based on
 the primary RQ adjustment criterion of
 chronic toxicity. After the most recent
 rulemaking proposing RQ adjustments
 (50 FR 13514. April 4,1985). 2-
 ethoxyethanol was added to the list of
 CERCLA hazardous substances as a
 result of Its listing as a hazardous waste
 under section 3001 of RCRA (51 FR 8537.
 February 25.1988). Therefore, the
 proposed RQ adjustment for 2-
 ethoxyethanol is included in this
 proposed rule.
  Two substances (pentachioroethane
 and methyl chloride) for which adjusted
RQs originally were proposed in the
Apnl 4.1985 NPRM (50 FR 13514) have
their RQs reproposed for adjustment in
  today's rule. As noted ir. the September
  29.1986 final rule (51 FR 34534). the
  statutory wit-pound RQs for these two
  substances were retained, pending
  analysis of their potential
  carcmogenicity. That analysis is now
  complete and the proposed RQ for
  methyl chlonde is 100 pounds based on
  ignitability and potential
  carcmogenicity. Pentachioroethane was
  evaluated for potential carcinogenicity.
  but received a  lower RQ of 10 pounds
  based on aquatic toxicity. Therefore, the
  proposed RQ for pentachioroethane is
  10 pounds based on aquatic toxicity.
   In the May 25.1983 NPRM (48 FR
  23552). the Agency proposed to lower
  the RQ for PCBs from the statutory level
  of 10 pounds (established on the basis of
  aquatic toxicity data under section 311
 of the CWA) to one pound, on the basis
 of other aquatic toxicity data. EPA
 received 28 comment letters containing
 88 total comments, all of which objected
 to the proposed one-pound RQ for PCBs.
 The Agency stated in the Apnl 4.1985
 final rule that it was evaluating PCBs for
 •potential carcinogenicity and would
 retain the 10-pound statutory RQ until
 that analysis was completed
   The Agency's analysis of PCBs for
 potential carcinogenicity is now
 complete, and that analysis has yielded
 a hazard ranking of "medium."
 corresponding to a 10-pound RQ.
 However, based on a re-examination of
 all of the comments received on the
 appropriate RQ for PCBs in response to
 the May 25.1983 proposal and a re-
 evaluation of all available aquatic
 toxicity data concerning PCBs. the
 Agency has decided to repropose a one-
 pound RQ for PCBs in this rulemaking.
 based on aquatic toxicity.
  The Agency's current methodology for
 adjusting RQs based on aquatic toxicity
 favors use of data from teats using adult
 life stages. However, use of data from
 tests using juvenile life stages is
 appropriate for adjusting the RQ for
 PCBs because PCBs bioaccumulate. are
 insoluble, and are sinkers. Because of
 the combined effect of these chemical
 and physical properties. PCBs pose a
 particular threat to benthic organisms
 (including the early life stages of many
 aquatic species). The Agency used early
 life stage data to support the original
 proposed one-pound RQ for PCBs in the
 May 25.1983 NPRM. As mentioned
 earlier. EPA received extensive
 comments opposing a one-pound RQ for
PCBs. None of these comments.
however, objected to the Agency's
reliance on early life stage data. In
addition, use of such data Is entirely
consistent with EPA's 1985 Guidelines
for Deriving Numerical National Water
  Quality Cntena for the Protection of
  Aquatic Organisms and Their Uses.
   Available aquatic tpxicity data from
  tests using early life stages supports a
  one-pound RQ for PCBs. Available data
  from tests using adult life stages
  supports a 10-pound RQ for PCBs. The
  Agency has decided that where both
  early life stage and adult life stage data
  are available for substances that are
  bioaccumulative insoluble sinkers, the
  early life stage data will be preferred
  because this approach is consistent with
  the Agency's 1985 National Water
  Quality Guidelines mentioned above.
  For further information on the
 substances EPA has identified as
 bioaccumulative insoluble sinkers, see
 the Technical Background Document to
 Support Rulemaking Pursuant to
 CERCLA Section 102. Volume 3.
 December 1980. available for inspection
 at Room LG-100. U.S. Environmental
 Protection Agency. 401M Street. SW.
 Washington. DC 20460.
  Thus. EPA reproposes to adjust the 10-
 pound statutory RQ for PCBs to one
 pound in today's rule. The Agency
 solicits comments on the proposed one-
 pound RQ for PCBs as well as the
 possible future  revision of the aquatic
 toxicity methodology to provide for use
 of early life stage data for hazardous
 substances (such as PCBi) that are
 bioaccumulative insoluble sinkers.
  Asbestos has been identified as a
 known human carcinogen (weight-of-
 evidence Group A). However, exposure
 to asbestos is measured by calculating
 the size and number of airborne fibers.
 and not by  the standard method of
 measuring quantitative exposure to
 potential carcinogens based on weight
 volume, or concentration. Therefore, a
 numerical potency factor based on
 weight cannot be calculated for asbestos
 to achieve a direct potency ranking.
 Thus. EPA has assigned asbestos to
 potency Group 2. as though it had a mid-
 range potency factor. Using the
 Agency's matrix for ranking potential
 carcinogens, a substance in weight-of-
 evidence Group A and potency Group 2
 receives a high hazard ranking, and thus
 a one-pound RQ. EPA is. therefore.
 proposing a one-pound RQ for asbestos.
  For three  hazardous substances
 evaluated for potential carcinogenicity
 (cacodylic acid,  dlchlorophenylarame.
 and diethylarsine). CAG found no
 evidence demonstrating that these
 substances  themselves cause cancer.
However, because each of these three
hazardous substances can and will
degrade to arsenic trioxide and arsenic
pentoxide (both  of which are potential
carcinogens) when released into the
environment, the Agency has decided to

-------
8148
Federal  Register  /  Vol. 52.  No. 50 / Monday. March 16.  1967 / Proposed Rules
propose a one-pound RQ for each
substance, based on the one-pound RQs
for these two Hiurgante anemic Oxides.   •
The proposed RQs for cacodylic acid.
dichlorophenylarsine. and diethylarsine
are consistent with the Agency's
established methodology of basing the ~
RQ of a substance on its more
hazardous degradation products, where
those degradation products have been
identified.
  As discussed in Section ULB. above.
hazardous substances are eligible for a
one-level RQ increase on the basis of
BMP. For five hazardous substances
identified as potential carcinogens
(bis(chloromethyl)ether. chloromethyl
methyl ether, dimethyl sulfate.
formaldehyde, and 2-naphthylamine).
sufficient data are available to justify a
one-level RQ increase based on BMP.
Therefore, the RQs of these five
hazardous substances are increased to
10.10.100.100. and 10 pounds.
respectively (these increases are from
the one-level lower primary criteria
RQs).
  In addition, one potential carcinogen.
sulfur selenide. hydrolyzes to form two
hazardous reaction products, hydrogen
sulfide and selenium dioxide. The RQ
for hydrogen sulfide is 100 pounds and
the RQ for selenium dioxide is 10
pounds. Therefore, a 10-pound RQ is
proposed for sulfur selenide. based on
the lower RQ of its two reaction
products. Another potential carcinogen.
3.3'-dichlorobenzidine. is subject to
rapid photolysis if released into the
environment yielding benadine as one
of the photolysis products. Therefore.
although the GAG methodology yields a
"medium" ranking (10-pound RQ) for
3.3'-dichlorobenzidine. the Agency is
proposing a one-pound RQ for this
hazardous substance, based on the
"high" hazard ranking (one-pound RQ)
for its photolysis product, benzidina.

2. Hazardous Waste Streams
  In addition to the 195 individual
hazardous substances for which this
rulemaking proposes adjusted RQs. the
Agency also proposes to adjust the RQs
for 78 hazardous wast* streams. The
proposed RQ for each hazardous waste
stream is the lowest RQ associated with
the individual hazardous constituents of
the waste stream. However, under 40
CFR 302.6. if a person in charge knows
of the percentage composition of a
waste stream, the CWA mixture rule
may be applied. The CWA mixture rule
provides that "[discharges of mixtures
and solutions are subject to [regulation]
 only where a component hazardous
 substance of the mixture or solution is
 discharged in a quantity equal to or
 greater than its RQ" (44 FR 50787.
                       August 29.1979). As explained in the
                       April 4.1985 final rule (50 FR 13463). the
                       RQs for different ha«af4eas«vb*lancei
                       are not additive under the mixture rule.
                       so that the release of a mixture
                       containing half an RQ of one hazardous
                       substance and half an RQ of another
                       hazardous substance does not trigger
                       the CERCLA section 103 reporting
                       requirements.
                         The RQs for the 78 hazardous waste
                       streams for which today's rule proposes
                       adjusted RQs  are all currently at the
                       statutory one-pound leveL The proposed
                       adjustments leave the RQs of 44
                       hazardous waste streams at one pound.
                       raise die RQs  of 32 hazardous waste
                       streams to 10  pounds, and raise the RQs
                       of two hazardous waste streams to 100
                       pounds.
                         Today's rule also proposes RQs for six
                       of the constituents used to determine the
                       RCRA characteristic of EP toxicity for
                       unlisted hazardous wastes. These six
                       components have been assigned
                       proposed RQs as follows: one pound for
                       arsenic and chromium and 10 pounds for
                       cadmium, all on th« basis of potential
                       carcmogeaidty. 100 pounds for lead on
                       the basis of chronic toxicity: and one
                       pound for undane and toxaphene on the
                       basis of aquatic toxicity. Under 40 CFR
                       302.5(b). the proposed RQ applies to the
                       unlisted waste itself, not merely to the
                       toxic substance. The RQ for the metal
                       constituents is based on the RQ for
                       soluble metal salts, and not the metal
                       itself.
                       IV. ReporUMe Quantity Adjustments
                       Under Section 311 of the Clean Wats*
                       Act
                          The April 4.198S final rule (50 FR
                       13456) amended 40 CFR 117.3 to make
                       RQs adjusted under CERCLA the
                       applicable RQs for notification of
                       discharges of hazardous substances
                       pursuant to CWA section 311. Thus, the
                       RQ  adjustments proposed in this
                       rulemaking will, when finalized, apply to
                       both CERCLA and CWA section 311
                       RQs. Of the 195 individual  hazardous
                       substances in this rulemaking. 63 were
                       originally listed as hazardous
                       substances and assigned RQs under
                        section 311 of the CWA. The proposed
                        RQs lower the statutory CWA RQs of 49
                        of these substances, raise the statutory
                        RQs of two of the substances, and leave
                        the  RQa of 12 of the substances at the
                        statutory level. RQs under both
                        CERCLA and the CWA are set forth in
                        Table 302.4. Where there is a release of
                        a hazardous  substance in an RQ into
                        navigable waters, a single  report to the
                        National Response Center by the person
                        in charge will satisfy the notification
                        requirements of both statutes. For
                        further discussion of the relationship
between CERCLA RQs and CWA
section 311 RQs. see the May 25.1983
pmposecLmlfi preamble at 48 FR 23569.
and the April 4.1985 final rule preamble
at 50 FR 13473.

V. Summary of Supporting Analyses

 Executive Order 12291 requires that
regulations be classified as major or
non-major for purposes of review by the
Office of Management and Budget
(OMB). According to E.O.12291. major
rules are regulations that are likely to
result in:
  (1) An annual effect on the economy
of $100 million or more: or
  (2) A major increase in costs or prices
for consumers, individual industries.
federal, state, or local government
agencies, or geographic regions: or
  (3) Significant advene effects on
competition, employment, investment.
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreign-
based enterprises in domestic or export
markets.
  An economic analysis performed by
the Agency, available for inspection at
Room LG-100. U.S. Environmental
Protection Agency. 401M Street SW.'
Washington. DC 20460. shows that  .
today's proposed rule is non-major.
because the rule will result in net costs
of approximately $3.9 million annually.
The annual net cost savings of RQ
adjustments made to date (including
those proposed in this NPRM) is SIC
million. It should be noted that thest
costs and cost savings reflect only those
effects of the RQ adjustments that are
readily quantifiable in dollars.
  The Regulatory Flexibility Act of 1980
requires that a Regulatory Flexibility
Analysis be performed for all rules that
are likely to have a "significant impact
on a substantial number of small
entities." To determine whether a
Regulatory  Flexibility Analysis is
necessary for today's proposed rule, a
preliminary analysis was conducted
using a computer model that simulated
the typical operation of a small U.S.
chemical company. The results of the
simulation  indicate that the upper-bound
total cost of compliance to small firms is
negligible. See the Regulatory Impact
Analysis of Reportable Quantity
 Adjustments Under Sections 102 and 103
 of the Comprehensive Environmental
 Response. Compensation, and Liability
 Act. Volume III November 1986.
 available for inspection at Room LG-
 100. U.S. Environmental Protection
 Agency. 401 M Street. SW. Washington.
 DC 20460. Therefore, because today's
 proposed rule is not expected to have a
 significant impact on small entities. EPA

-------
                 Federal Register / Vol. 52. No. 50 / Monday. March 16.  1987 /  Proposed Rules
                                                                         8145
 certifies that no Regulatory Flexibility
 Analysis is necessary.
   Trie Information Impact Analysis
 performed for the April 4.1985 final rule
 indicated that that final rule would
 decrease the paparwork burden imposed
 on parties other than EPA by about
 50.000 hours. Today's proposed RQ
 adjustments will provide a small
 increase in the paperwork burden
 imposed on the regulated community for
 information collection associated with
 reporting releases. Because the effect of
 this proposed rule on the paperwork
 burden a minimal. EPA has determined
 that no further Information Impact
 Analysis need be performed.
   In accordance with  the Paperwork
 Reduction Act of 1980. 44 U.S.C. 3501 et
 sec. the reporting or recordkeeping
 provisions that are included in this
 proposed rule have been submitted for
 approval to OMB under section 3504(h)
 of the Paperwork Reduction Act Any
 final rule will include an explanation of
 how the reporting or recordkeeping
 provisions contained therein respond to
 any comments by OMB and the public,
 List of Subjects
40 CFR Part 117
  Hazardous substances. Penalties.
Reporting and recordkeeping
requirements. Water pollution control
 40 CFR. Part 308--
   Air pollution control. Chemicals.
 Hazardous matenals. Hazardous
 materials transportation. Hazardous
 substances. Hazardous wastes.
 Intergovernmental relations. Natural
 resources. Nuclear materials. Pesticides
 and pests. Radioactive matenals.
 Reporting and recordkeeping
 requirements. Superfund, Waste
 treatment and disposal Water pollution
 control.
  Dated: December 31.1988.
 Lee M. Thomas.
 Administrator.
  For the reasons set out in the
 preamble, it is proposed to amend Title
 40 of the Code of Federal Regulations as
 follows:

 PART 302—DESIGNATION,
 REPORTABLE OUANTITES AND
 NOTIFICATION

  1. The authority citation for Part 302 la
 revised to read as follow*
  Authority: Sec, 101 of the CaapreheaatTe
 Environmental Response. Compensation, and
Liability Act of 1980. as amended. 4* U.S.C.
9602: Sees. 311 and SOl(a) of ths Federal
 Water Mhrttaa Control Act S3 U.S.C. 1321
and 1361.
  2. Section 302.4 is amended by
 revising the following entries in Table
 302.4 and in its Appendix A to read as
 set forth below. The note preceding
 Table 302.4 is repubhshed without
 change.
  Note—The numbers under the column
 headed "CASRN" are the Chemical Abstract*
 Service Registry Numbers for each hazardous
 substance  Other name* by which each
 hazardous substance is identified hi other
 statutes and their implementing regulations
 are provided in the "Regulatory Synonyms"
 column. The "Statutory RQ" column lifts the
 RQs for hazardous substances established by
 section 102 of CERCLA. The "Statutory
 Code" column indicates the statutory source
 for designating each substance as a CERCLA
 hazardous substance: "1" indicates that the
 statutory source a section 311(b)(4) of the
 Clean Water Act "2" indicates that the
 source is section 307{a) of the Clean Water
 Act "3" indicates that the source is section
 112 of the Clean Air Act and -4" indicates
 that the source is RCRA section 3001. The
 "RCRA Waste Number" column provides the
 waste identification numbers assigned to
 various substances by RCRA regulations. The
column headed "Category" lists the code
 letters "X". "A". "B". "C". and "D". which are
associated with importable quantities of 1.10.
 100.1000. and 5000 pounds, respectively. The
 "Pounds (kg)" column provides the proposed
 reportabl* quantity adjustment for each
hazardous substance In pounds and
kilograms.
                   TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES
Manvrinu* 4iih«ttu\M»


Acetamde. N-(4^rhoxyphenye- 	
Acetamide, N-fluoran-Z-yt-
Acenc acid, lead salt 	 	
2-Acetyiammofluorenfl 	 	

Alanine. 3-[p-bn(2-
chloroemyl)arnino]phenyt-.L-.
Aidnn 	 	 	 	
2-Ammo-l-fnethylbsnzan*... .
4- Amino- 1 -metfiytoanzene 	
Ammonium bichromate. 	

Aroctor 1018 	 	 _ 	
Aroctor 1221 ._ 	
Aroctor 1232 .
Aroctor 1242... 	 	
Aroctor 1248... 	 	
Aroctor 1254 ._ 	
Aroctor 1280 	 	 	 	 _...
Arsenic n 	 	 	
Arsenic aod . ._ 	 	

CASRN
75878
62442
53983
301042
53983
107131
148823
309002
95534
106490
6182S
7789095
7788989
12674112
11104282
11141165
53469219
12672296
11097691
11096825
7440382
1327522
7778394
Regulatory Synonyms
Chtoral 	 	 _
t^n0R8C9Qn •>»•••••••*>••. ••.•••••.•«.M. .>..,..•. IV(BMMt>,l

AgBtaifwia* M-Hiinfam-J uL

MBtpnslsn 	 	 	 	 _...........
hexahydro-l.4:5.8-endotaxo-
o-Tohndme 	
1H-1 .2.4.Tnazol-3-BfTnrM 	 	 	

Potycntonratad Biphenyts (PCBs) 	




• uifunuiMiHiMj uipiwuyis (r\*BS) _..._......,


..«..«.
Statutory
RO
1*
r
1*
5000
1*
100
r
i
r
r
i*
1000
1000
10
10
10
10
10
10
10
i«
r
Code
T
4
4
4
1.4
4
1.2.4
4
1.2.4
1.2
1.2
1.2
1.2
1.2
1.2
1.2
2.3
4
RCRA
Wast*
Num-
ber
U034
U187
U005
U144
UOOS
U009
U150
P004
U328
U353
U011
	
	

P010
Proposed RQ
Gate-
flory
D
B
A
A
A
A
X
X
B
B
A
X
X
X
X
X
X
X
X
X
X
X
Pounds
-------
-•J
                                              .on-ay. ...area »_. r«7 \ proposed Kules
TABLE 302.4 - LIST OF HAZARDOUS Sl^ST
                                                   AND RgPORTABLE OUANTITIES-Connnued
Hazardous Substance
Arsenic disuifide . 	
Arsenic (III) oxide 	
Arsenic (V) oxide 	
Arsenic pentoxide 	
Arsenic trichloride 	
Arsenic tnoxide 	 	
Arsenic tnsulfide 	
Arsine. diethyl. 	
Asbestos ttt 	
Auramine 	
Azasenne 	

Azmno(2>.3l.3.4)pyrrolo(1 ,2-a)indote-4.7-
dK>ne.6-ammo-8-
[((amrnocarbonyl)oxy)mettiyl]-
1 1 «-2 8 Ba_8lvhaMhw1m_A&jnaMvww.
5-methyl-
Benz[|)aceanthrylene. i.2-dihydro-3-
mettiyt-.
Benz[c)acridme 	
Benz[a]anthracene 	
1 2-Benzanthracene

i .c-Boiuariuiiavena, /, iz-omeinyv 	
Banzenaimn*, 4,4>2-metriyl-,
hydrochtonde.
Benzenamme, 4,4>^nethyleneb«M2.
chloro-.
Benzenamme. 2-methyt-. hydrochtonde . 	
Benzenamme, 2-methyt-5-nrtro» 	
Benzene 	 , - ,,, , 	 	
Benzene, chloromethyi- 	 	 	
Benzene, ftexachkxo- 	 _
Benzene. 1 -methyt-2.4-dtmtro- 	
Benzene. 1 -mettiyM.6-dinilro- 	
Benzene. 1.2-methylenedioxy-4-aUyt- 	
Benzene. 1.2-methylenedioxy-4-propenyl-..
Benzene 1 2-methylenedioxy-4-propyV
Benzene, pentschlororutf o- 	 	 	
Benzene. (tnchloromethyl). 	
Benzeneacabc sod. 4-chtoro-atoha-(4-
chlorophoriyl-alpria-nydroxy-.ethyl ester.
1.2-Benzenedicarboxybc aod, (bo(2-
ethylhexyl)] ester.
i.2-Beruisotruazolin-3-one,1.1.dtoJode,
and salts.
Benzo [ a ] anthracene
BenzoCblfluorantnene 	 _. 	 ............
BenzoOOfluorantnene 	 	
Benzo(a]pyrene..__ 	 _.. 	
3,4-Benzopyrene 	
Denzotnchtonde 	 _


Beryllium n 	 	 	
Beryllium chlonde 	
Beryllium dust ft 	 	 	 	
BerylHum fluoride 	 _ 	
CASRN
1303328
1327533
1303282
1303282
7784341
1327533
1303339
692422
1332214
492808
115026
151564
50077
56495
225514
225514
56553
56553
57976
492808
3165933
60117
101144
636215
99558
71432
100447
118741
121142
606202
94597
120581
94586
82688
98077
510156
117817
92875
81072
56553
205992
207089
50328
50328
98077
218019
100447
7440417
7787475
7440417
7787497
Regulatory Synonyms

Arsenic tnoxide
Arsenic pentoxide 	
Arsenic (V) oxide

Arsenic (III) oxide ...

Owthylarsine 	 	 	 _ 	
Benzenamme. 4.4>*fU(*]4Vlt)¥aC*ft*» 	



O-TO •
£-N troo.tnliiirlina^""' ""**"" 	 " 	
_. ._. .
Benzyl chlonde 	 	
2.4-Olmti otoluene ..__ 	 _ 	
Satrotm 	
laaufmla
Plhuffcjmti J lU.
Pentachtoronitrobenzene 	 	 ...
Ethyl 4,4* -dichlofOtosnziictM ............. .....i 	
Bis(2-ethymexyl) phthalate 	 	
(1 .1 '-BiphenylH^'dlarnms 	 	
Saccharin and salts 	 ,„. 	 	





tlnmmn* llJlrtiUi 	 i_ltuJl

Benzene, chtoromethyi- 	
wnn
Beryllium tt 	 	 	
Statutory - ProposeJ .=0
RQ
5000
5000
5000
5000
5000
5000
5000
1
r
r
r
r
r
r
r
r
r
i*
r
1*
1000
100
1*
1000
1000
r
r
r
r
r
i*
r
r
r
100
5000
1*
5000
Code
t
i
1.4
1.4
1.4
1
1.4
1
4
2.3
4
4
4
4
4
4
4
2,4
2.4
4
4
4
4
4
4
4
1.2.3.4
1.4
2.4
1.2.4
1.2.4
4
4
4
4
4
4
2.4
2.4
4
2.4
2
2
2.4
2.4
4
2.4
1.4
2.3.4
1
2.3.4
1
RCRA
Waste
Num-
ber
poiji
P011
P011
"P012
P038
..............
U015
P054
U010
U157
U016
U016
U018
U018
U094
U014
U049
U093
U158
11999
U1B1
U019
P028
U127
U105
U106
U203
U141
U090
U185
U023
U038
U028
U021
U202
U018
"0022"'
U022
U023
U050
P028
P015
P015
Cate-
X
X
X
X
X
X
X
X
X
B
A
X
A
A
A
A
A
A
X
B
B
X
A
B
B
A
B
A
A
B
B
B
A
B
X
A
B
X
B
A
X
0
X
X
X
A
B
A
X
A
X
Pounds(Kg'
1 (0.454)
1 (0 454)
1 (0 454)
1 (0 454)
1 (0 454)
1 (0 454)
1 (0 454)
1 (0 454)
1 (0.454)
100(454)
10 (4 54)
1 (0 454)
10 (4 54)
10 (4 54)
10 (4 54)
10 (4.54)
10 (4.54)
10 (4.54)
1 (0.454)
100(454)
100(454)
1 (0 454)
10 (4 54)
100(454)
100 (45.4)
10 (4 54)
100(454)
10 (4.54)
10 (4.54)
100 (45.4)
100 (45.4)
100 (45.4)
10 (4 54)
100 (45.4)
1 (0.454)
10 (4.54)
100 (45.4)
1 (0.454)
100(454)
10 (4.54)
1 (0.454)
5000 (2270)
1 (0.454)
1 (0.454)
1 (0.454)
10 (4.54)
100 (45.4)
10 (4 54)
1 (0 454)
10 (4.54)
1 (0 454)

-------
               TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE OUANTrnES-Confinued
          Hazardous Substance
  CASRN
                                                          Regulatory Synonyms
                                                                                            Statutory
                                                                                       RO
                                                                                             Code
                                                    RCRA
                                                    Waste
                                                    Num-
                                                      ber
                                                                         Proposed RQ
                                                                      Cate-
                                                                      gory
                                                                                                                   Pounds(Kg)
 Beryllium nitrate  .- . .	

 alpha • BHC	
 beta - BHC	
 gamma-BHC	

 2.2'-Bioxirane	_	
 (I.V-BiphenylM.^diamine	
 (1.1 '•Biphenyl)-4.4dKhloro-_..
 (1.1 ••Bipheny)M.4>diaraine,3.3>dimetho^-
 (1.1 
                                                                            _
                                                4.7-MeffianoMaa. 1JZ.4.5.6JJ3-
                                                i-Naprithylamlpe. N.N«a(2-ehloraethyO-
                                                iiM«IUoratiyOf In«
                                                OJorane. 2-{chlorometbyO-
Benzenarrane, 4
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8152
Federal  Register / Vol.  52. No. 50 / Monday. March 16. 1987 / Proposed Rules
TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES-Continued
Hazardous Substance
Daunomycin . 	
ODD 	
4.41-DDD .
ODE 	
4.4'.DDE 	
DOT
4.4I-ODT 	
Decachlorooctahydro- 1 ,3.4-metheno-2H-
cyctobuta- Cc.d ) -pentalen-2-one.
Dialiate 	
Diamine 	 _
Diammotoluene 	
Oibenz[a.h]anthracerw 	
1 .2:S,6-Dtbenzanthracene 	
DibenzoC a.h] anthracene
1 .2:7,8-Dibenzopyrene 	
Dibenz[a.i)pyrene 	 _
i .2-Dibromo-3-chloroprooane 	 _ 	
S-<2.3-DtcnJoroallyl)
dusopropytthtocarbamate.
3 3'-Dichlorobanzidina
Dichlorodiphenyl dehloroethane 	
Dtchlorodiphenyl tnchloroethane
i .2-Dichloroethan* 	
1.1-Dichloroethylene 	
Oichioroethyl ether 	
Oichlorophenyiarsme 	 	 	 	
Diatom 	 	 	 	 ^ ,
1 2:3.4-Diepoxybutane 	 ._ 	
Diethylarsme 	 .. 	
1 .4-Oieihylene dioxide 	 _ 	
N.N'-Owthylhydrazme 	
Dihydrosafrole

DrtnettiytoiiiHioazctoimzene"" 	 ~ 	
7 1^ Oirnalhultmnif 1 nttujLcjJut 	
3 3'-DimethylbenzKkrw
Dimethyicarbamoyl chloride 	 	
i . 1 -Dimethylhydrazme 	
l.2-Dimethytnydrazme.« 	 : 	
|
CASRN
20830813
72548
72548
72559
72559
50293
50293
143500
2303164
302012
95807
496720
825405
25376458
53703
53703
53703
169559
189559
96128
2303164
91941
72548
50293
107062
75354
111444
696288
60571
1464535
692422
123911
1615801
56531
94586
119904
60117
57976
119937
79447
57147
540738
827SQ
1
Regulatory Synonyms
I 5.12-Naphthacenedione. (8s-cis)-8-acetyf-
j lO-[3-amino-2.3.6-tndeoxy-alpha-L-
lyxo-nexopyranoxyl)oxyl-7.8.9. 1 0-
tetrahydro-6.8. 1 1 -tnhydroxy- 1 -rnethoxy-.
Dichlorodipnenyl dicnioroethane 	
TOE
4.4--000
ODD

TOE
4.4--DDE 	
ODE 	

4.41-DDT
DDT
Kepone 	 	 	
S-<2.3-Dichloroaltyf)

Dibenzo[a.h]anthracene 	 	 	

_y. - - .. "" 	 ......— ..........


Ditaenz[a.i]pyrene «._..._„_..__........ 	 ....
1 ,2:7,6-Oibenzopyrene ..............
Propane, l.2-dibromo-3-cNon> 	
Oiallflta 	
(1.1 1-8iphenyl)-4.41diamm«.3,3IOJCftlon> 	
DUD 	 	
TOE
4.4--DDD
4.4i-ODT
Ethene. 1.1-dfcMoro- 	 	
Vmyhdene chloride
Ethane, l.v-oxytm[2
l.2.3.4.io.iO-HexacMoro-e.7-epoxy>
1 .4.4e,5.6.7.8.8a-octanydn>«ndo.exo-
,4.5.(Hlimethanonaphinawn«.
Arsme. dwthyl- 	 	 	 	 	
1 ,4-Dioxane ..... 	 .................................... 	
Hydrazme, 1.2-dietnyV 	 1
4.4'-Strtbenediol, atpna.alpha'.dwthy*. 	

,» •eipnonyii 4.4 ........ «.
Statutory
RO
1'
1
1
i*
1
1
1
1*
r
r
r
r
r
r
r
r
r
i
i
5000
5000
r
Code
t
4
1.2.4
1.2.4
2
2
1.2.4
1.2.4
1.4
4
4
4
2.4
2.4
2.4
4
4
4
4
Z.4
1.2.4
1.2.4
1.2.4
1.2.4
2.4
4
1.2.4
9 A
RCRA
Waste
Num-
ber
U059
U060
U060
U061
U061
U142
U062
U133
U221
U063
U063
U063
U064
U064
U066
U062
U073
U060
U061
U077
U078
U025
P036
P037
U085
P038
U108
U086
U089
U090
U091
U093
U094
U095
U097
U098
U099
onat
Proposed RO
Gate-
A
X
X
X
X
X
X
X
B
X
A
X
X
X
A
A
A
B
X
X
X
B
B
A
X
X
A
X
B
A
X
A
B
X
X
B
X
A
X
A
Poiinds(K
10 (4.54)
1 (0454)
1 (0.454)
1 (0 454)
1 (0 454)
1 (0 454)
t (0 454)
1 (0454)
100 (45 4)
1 (0.454)
10 (4.54)
1 (0.454)
1 (0454)
1 (0 454)
10(45*
10(454)
10 (4 54)
100 (45.4)
1 (0454)
1 (0454)
1 (0.454)
100 (45 4)
100 (45.4)
10 (4 54)
1 (0 454)
1 (0.454)
10 (4 54)
1 (0.454)
100 (45.4)
10 (4.54)
1 (0.454)
10 (4 54)
100 (45 4)
1 (0454)
1 (0.454)
100 (45.4)
1 (0 454)
10 (4 54)
1 (0 454)
in IA cat

-------
  Federal Register / Vol. 52. No. 50 / Monday. March 16. 19B7 / Proposed Rules
815
TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITlES-Commaed
Hazardous Substance
Dimethyl sullate 	
Dimtrotoluene 	
3 4-Omitrotoluene 	
2.4-Omitrotoluene 	
2,6-Oimtrotoluene 	
i.4-Dioxane 	
i ,2-Oiphenyihydrazine 	
Dt-n-propylnitrosamine 	

Ethanamma. N-ethyl-N-nitroso- 	
Ethane. 1.2-dibromo- 	
Ethane. 1.2-dichloro- 	
Ethane. 1.1.1 .2.2.2-hexachlon> 	
Ethane. 1.r-oxybn[2-chlon> 	
Ethane, pentachloro- 	 	 	 	
Ethane, 1 .1 .1 ,2-tetrachtoro- 	
Ethane, l.i ,2.2-tetracfUoro- 	 	
Ethanethioamde 	 	
Ethane. 1 , 1 ,2-tnchkxo- 	
Ethanol. W-(nrtrosoirrano)ba- 	
Ethene. chtoro- 	 	 	 	
Ethene. 1.1-dehloro- 	 	
Ethene. 1.1.2.2-tetrachtoro-.... 	 _
2-Ethoxyetrianol 	 _ 	 _ 	
Ethyl carbamate (Urethan) 	 	 !ZL"
Ethyl 4.4--dichlorobenziiate _.. 	
Ethylene dehlonde 	 	 	
Ethylene Qlycoi monoethyl ether 	
Ethylene oxide 	 	 	
Ethytenetrwurea

Ethyl methaneaufraMto 	 „ 	 , ,
Formaldehyde.- 	 	
D-Gkicopyranose. 2-l.4,4a.5.8.8a-
"exahydro-1.4.5.0 endftexo-
oTmethanonaphthalene.
Hydrazm. 1.2-diemyl- 	
liydrame. 1.1-danetfiyt. 	 	
CASRN
77781
25321146
610399
121142
606202
123911
122667
621647
106898
55185
106934
107062
67721
111444
76017
630208
79345
62555
79005
1116547
4549400
75014
75354
127184
110805
51796
510156
106934
107062
110805
75218
96457
151564
62500
50000
18883864
765344
70257
76448
1024573
118741
87683
58899
77474
60571
67721
309002
302012
1615601
57147
Regulatory Synonyms
Suifunc acid, dimethyl ester 	
Benzene. 1 -methyl-2.4-dinrtro- 	
Benzene. l-methyl-2.6- 	
1 4-Diethylone dioxide
Hydrazine 1 2-diphenyl-

Oxirane 2-(chtoremethyl)>
1 •Chlon>2.3-epoxyprepane
N-Nitrosodiethylemine

Elhylene dichtonde 	
1.2-Dichloroemane
Hexachloroethane 	
Bis(2-ctikxoethyl) ether
Dichloroemyl ether
Pentachloroethane 	 _ 	
1.1.1 ,2-Tetrachioroethane 	 	
1 . 1 .2.2-Tetrachtoroethane 	 	
1 , 1 .2-Tnchloroethane ._ 	 	
N-Nttrosodwthanolamine 	 _.„...
N-Nitrosomethytvinylamne 	 	 _..
Vinyl chloride 	 	

, i -utcnioroetnywne


Totrachloroathytene
Elhylene glycol monoethyl ether 	
Carbamc aod. ethyl eater 	

Ethane. 1.2-dtbromo- 	 	
Ethane. 1.2-dtehloro-- 	
1.2-DichJoroethane
2-Ethoxyethanol

Methanemtfonic AQ& othvt ester
Methytene ovde •».*••*•.•.».*...«..........„...„«.....


4,74*ethano-iH-indene,1.4.5.6.7.B,8.
heptachtoro-3a.4.7.7a-tetrahydro-.
1.3-Butadiene. 1.l.i3.4.4-he«aehton> ....
gamma - BHC 	 	
mf-mftm—~ —
jnoane
1.3-Cyclopentedlene, 1.2.3.4.5.5-

Ethane. 1.1.1.2.2.2-hexacnlon> 	
Aldnn 	 	 	
)larrM«e 	 _...„ 	

Statutory Proposed RQ
RO
i*
1000
1000
1000
1-
1*
r
1000
i*
1000
5000
5000
1000
5000
r
1*
1*
1*
1000
r
i*
i
i*
r
i
r
r
1*
i*
r
Code
t
4
1.2
1.2.4
1.2.4
4
2.4
2.4
1.4
4
1.4
1.2.4
2.4
2.4
4
4
2.4
4
2,4
4
4
2.3.4
1.2.4
2.4
4
4
4
1.4
1.2.4
4
4
4
4
4
1.4
4
4
4
1.2.4
2
2.4
2.4
1.2.4
1.2.4
1.&4
2.4
1.2.4
4
4
4
RCRA
Waste
Num-
ber
U103
U105
U106
U108
U109
U111
U041
U174
U067
U077
U131
U025
U1B4
U208
U209
U218
U227
U173
P084
U043
U078
U210
U359
U238
U038
U067
U077
U359
U115
U116
P054
U119
U122
U206
U163
POS9
U127
U128
U129
U130
P037
U131
P004
U133
U086
U098
go!?" , poUnds(Kg;
1
B
A
A
B
B
A
A
B
X
X
B
B
A
A
B
B
A
B
X
A
A
B
B
C
B
A
X
B
C
A
A
X
X
B
X
A
A
X
X
A
X
X
A
X
B
X
X
A
A
1
100 (45 4)
10 (4 54)
10 (4 54)
100(454)
100 (45 4)
10 (4 54)
10 (4 54)
100(454)
1 (0 454)
! 1 (0 454)
100(454)
• tOO (45 4)
10(454)
10 (4 54)
100(454)
100 (45 4)
10 (4 54)
100 (45.4)
1 (0.454)
10 (4 54)
10 (4 54)
100 (45 4)
100 (45 4)
1000 (454)
100(454)
10 (4.54)
1 (0 454)
100 (45 4)
1000 (454)
10 (4 54)
10(454)
1 (0454)
1 (0 454)
100 (45 4)
1 (0 454)
10 (4 54)
10 (4.54)
1 (0 454)
1 (0 454)
10 (4 54)
1 (0 454)
1 (0 454)
10 (4 54)
1 (0.454)
100 (45 4)
1 (0.454)
1 (0 454>
10 (4 54)
10 (4 54)

-------
8154
Federal Register /  Vol. 52. No. SO / Monday. March 13. 1987 / Proposed  Rules
            TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE OUANTTT!ES—Continued
                                                                              Statutory
                                                                             T
                                                                               Proposed RO
       Hazardous Substance
                  CA5RN
Regulator Synonyms
                                                                                    I
                                                                          RQ
      I RCRA ,      ,
i Code | waste I Gate- ! Ofli ttftfllf
i   T   • Num. | gory  pounds(K

        ber
Hydrazine. 1.2-dimethyi- 	
Hydraane. 1 .2-diphenyl- 	
Hydroxydimethyiarsme oxide —
2-imtdazoiidinetnione 	 _ 	
l.ic.'eno[i.2.3-cd!pyrene 	
isocyamc acid, methyl ester 	
Isosafroie.
Kepone 	 _ 	 	 	
Lasiocarptne 	 _ 	 	 	 _ 	
Lead n 	 _ 	
Lead acetate 	 __ 	 _ . _ .
Lead arsenate 	
Lead phosphate ....
Lead subacetate 	 	 	
Lmdane... 	 	 	 	
Lithium ghtHHtym , 	 	 _
Melphaian 	 _. .
Mathana. ehlQTQ ,„ 	 	 	 ^
Methane, chkxomethoxy- 	 . 	 	
Methane, wdo- 	 	 	 	 	
Methane. oxybis(cnioro- 	 	
Methane, tetrachtoro- 	 	 _ 	
Methane, tnchloro- .._ 	
Methanesulfomc acid, ethyl ester 	 _
4. 7-Methane- 1 Hinder*. 1 ,4,5.6.7.8.8-
hepiachioro-3a.4.7.7a-ienhydro-.
4.7-Methanoindan. 1.2.4.5.6,7.8.8-
octachioro-3a.4.7.7a-tetranydro-.
Metnyl chtonde 	 	 __ 	 _ .
2-Metr>yiazindioe
3-Methyicholanthrene 	
4.4-.Methyienebis(2-chioroamhne) _ 	
Methylene oxide 	 	 .__ ..
Methyl iodide 	 	 .
Metnyl isocyanate.
N-Methyl-N'-nitro-N-nitrosoguarMdine 	
Metrtyltfixxirad
Mitomycm C 	 - ..
5.t2-Naphthacenedione. (61 en) 0 aoetyl-
10-13- arninc-2.3.6-Meoxy-alpna-L-
ryxo-hexopyranoxyl) oiyt-7.8.9.10»
tetrahydro-6.8.1 t-tnhydroxy-t-methoxy-.
2.7-NapMhalenedisulfonc aodJJ1-
[(3.3'- dimethyMI.V.biphenylJ-4.4'-diyl)-
bis(a20)]bis(5-arruno-*-riydroxy)-
tetrasodNim salt
1 -Nsphtttyhirfww ... ._.
2-Naphtnyiamine
alpha-Naphthylamine 	 	 	 _ 	
beta-NapMnytanurw 	 	 	
2-Naphtnytamlne. N.N^e(2i .3.4-metheno-2H.
cyciobuta-tc.d)-penU)«n-2-ofte.

Acetic acid, lead salt 	 	
Phosphoric aod. lead salt
oamrna - BHC


Alanne. 3-[p*H<2-
cNoroattiyttammolpnenyKL-.
Metnyl chtond* ,..,
Chtoromethyl methyl ether „ 	 	
Methyl iodide 	 .__.
Bis(chH)fDfnatnyl) other _ ... . .
Carbon ttrtracnlonde .

Ethyl methanmjMo'miff
Haplii^ftiftff 	 	 _i.ii_n.»i- 	
CWordan« «...» 	 .._™.«...-.....w 	
Chlofdftno. tttctvvcd
Methane, chtoro 	 	
1 2'Propylenffnfw
BenzC|)aceantt»ytenef l.2-d*iydro-3-
methyl.
ClUflf^.
Mall HIM •»*•-
taocytmc Add. inuDiit inter
Guamttne. N-firtroso-N-methyt-N'-nrtro- 	
2*thm^.
AOTo<2'.3'-3.4(pym»om«myi)-
0-
-------
  Federal Register / Vol. 52. No. 50 / Monday. March 16. 1987 / Proposed Rules
815
TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE OUANTITIES-Cont.nued


Nickel ammonium sulfate 	
Nickel carbonyl 	
Nickel chionde 	
Nickel cyanide 	
Nickel(ll) cyanide 	
Nickel hydroxide 	
Nckrt nitrate 	
Nickel sulfate 	 	
Nickel tetracarbonyl ...
2-Nitropropane 	
N-NitrosodMi-butylainne 	 	 	
N-Nrtrosodwthanolamtne 	 	 ".
N-Nitrosodwtnylamne 	 	 !."!"
N-Nrirosodmettiylarrane. 	 .."..Z.
N-NrtrosooWvpropylamlne 	
N-Nrtroao N othyiurea ...............
N-Nrtroao-f*-metriyturea 	 	
N-Nftrosometrtytwnytanwe... 	
N-NitroeopynubJine 	 	 „
S-Nitro-o-ioludir» 	
1.2-Oxattvolane. U-dtorfde 	
chtoroethyl) arnroltetrahydro-2-oiode.
Oxrane 	 . 	

Pentachtaroethane 	
PemachteronlButjeiueiie.,.. 	
Perchloiuelliytene 	
Phanacettn 	 	 	
Phenol, pentachtoro- 	 	
Phenol. 2,4,5-McMon>... 	
Phenol. 2,4.e-Wchton>.... 	
Ph«ny| dKhtoraanaie
I.IO-d^JtienylanakJyHma ,.,,,.,......
Phosphoric aod. lead salt 	 _
PhpsghgiuUiKX aod. O.Odiethyl CMp.
nitrophenyijester.
Pobcntortnatad Biphanyfci (pea.) ..„„„ ,
PoryeMonnatad Diphenyls (PCBe) 	
PofrcMonnatad Dlphanyto (pea*) „
Pohrchtonnated mnhanyfa (PCfte)
PorycWonnatad Btoharn* (PCBs)
PofychtonnatBd mphehyfci (Pca«| „
Potasftum MM** 	
i-Prapanal 2.3-epoi£;!Z!L™"."'T"~l'
Propane, ?wvtrg»._. ..m._ 	 _...„.„„......„_ - i
1.3-Propane sultone 	
1-Propanoi 2.3-dtoromo-. phosphate (3:1) .
2-Propenentrrie. 	 . 	

Mnyof OM- 	
CASRN
15699180
13463393
7718549
37211055
557197
557197
12054487
14216752
7786814
13463393
79469
924163
1116547
55185
62759
621647
759739
684935
615532
4549400
100754
930552
99558
1120714
50180
75218
106898
56382
76017
82688
87865
127184
62442
67865
95954
88082
696286
193395
7446277
56382
1338363
12674112
11104282
11141165
53469219
12672296
11097691
11096625
7784410
10124502
777060*
7789006
765344
98128
7fl4A8
1120714
126727
107131
75558
100754
Regulatory Synonyms

Nickel tetracarbonyl 	

NiekeUltl rvanwta
Nickel cyanide

	 - 	
Nickel carbonyl 	
Propane 2-nitro-
l-Butanamme. N-buiyVN^itroso- 	 1
Etnanol. 2.2Xmtrosoimmo)bav 	 	
Elrianarmne. N-etnyt-N-nrtroao- 	
Dimetnylnitrosamne 	 	 	
r>n-propylnitrosafnne. 	 .. 	
Carbamide. N-ethyt-N-nrtroao» 	
Carbamde. N-mettiyUtnrtroso 	
Carbarn* acid, methylnitroso-. ethyl ester
Ethenamne. N-metnyl-N-nitroeO' 	
Pyridine. hexahydro^-nitroeu--
Pyrrote. ieualiyilro^Miiiioso-..~™._...__...
Benxenamlne. 2-methyt.5-nitn> 	
1.3-Propane sultone 	 „..
Ethyleiie oxide 	 .. __ „ . 	


PhosphorettMc aod, O.OdMtiyl CMp-
ratropnenyi) ester.
Ethane, pentachlon> 	 	
Benzene. pentacMorontro- 	 	 	
Phenol, pentachloro- « 	 _
Ethene. l.lA2-tetraeMoro-. 	








AroetorlOlS 	 	 	 _
tractor 1221 . _ 	 	 _
trader 1232 > 	 .._ 	
tractor 1242 	 	


	 	 -- — — 	 	


.2-OK»t)rnoO
-------
8156
Federal Register / Vol. 52. Mo.  50 / Monday.  March 16. 1987 / Proposed Rules
           TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
Statutory . Proposed RO
Hazardous Substance CASRN Regulatory Synonyms
4(1H)-Pynmidinone 2 3-dihydro-6-methyl-
2-throKC-
Pyrrole. letrahydro-N-nitroso-
RAOIONUCLIDES
Saccharin and salts
Safrole ... ...
Selenium disulfide . 	
L-Serme. diazoacetate (ester)
Sodium arsenate
Sodium arsenite.. . 	
Sodium bichromate .. . • .
Sodium chromate .. 	
4.41-Stilbenedol. alpha.afpha'-diethyt- .. .
Streptozotocm 	 	
Strontium chromate 	
Sulfur seJenide 	 _. ...
Sulfunc aod. dimethyl ester 	 	
TOE ....
2.3.7.8-Tetrachlorodibenzo-p-dioun
(TCOD)
111 2-TetrarhlnrrwthnfM
i.i.2.2-Tetrachloroethane 	 	
Tetrachloroethene 	 	
Tetrachloroethylene 	 _ 	
Thtoacetamtde 	 _ .
Thiourea 	 	 	 _ 	
Toluenedamme 	 _ 	 	
o-Totwdine
p-Tofwdine. . . .

Toxaohene 	
IH-I 2.4-Tnazol-3-amine 	
i.i.2-Tnchloroethane 	
Trrchlofoethene. . . 	
Tnchloroethylene 	
Trichlorophenol 	 	
2.3.4-Tnchiofophenol
2.3.5-Tnchiorophenol
2.3 6-Tnchiorophenot
2.4.5-Tnchlorophcnot
2.4.6-tnchloroehenot
3.4.5-Tnchioropheno»
2.4.5-Tnchiorophenol 	 _ 	
2.4.6-Tnchlorophenol 	 _ 	
Tns(2.3-dibromopropyl) phosphate 	
Trypan blue 	
Unlisted Hazardous Wastes — 	 _ 	
Characteristic of EP Toxicrty 	
Arsenic 	 	 ..... .-. 	
Cadmium 	 	
Chrormum(VI) 	
Lead 	
1 56042
' 93O552
NA
81072
94597
7488564
115026
7631892
7784465
10568019
7775113
56531
16883664
7789062
7488564
77781
72546
1746016
630206
79345
127164
127184
62555
62566
95807
496720
623405
25376458
95534
106490
636215
8001352
61825
79005
79016
79018
25167822
15950660
933788
933755
86062
809198
9-954
88062
126727
72571
NA
NA
NA.
NA.
NA
• Methytthiouraof 	
i
N-KMrosopyrrolKhrw 	
' l.2-Benzisothiazohr»-3-one.t.i-dio»de.
and salts.
Sulfur selenide 	
Azasenne 	

	 	

D-Glucepyranosa. 2-deoxy-2-(3-methyl-3-
nrtrosoureido).
Selenium rtnuthrin


000
4.4--ODD

cmana. 1.1.1 .z-ieuacrnuftx... _ 	
Ethane. 1 . 1 .2.2-tetrachwro- 	
Ethene. 1 . 1 .2.2-tetrachtero- 	 	 	 	

Ethene. 1.1.2.2-tetrachtoro- 	 _ 	

Ethanethoarmtto 	 	 	 	 	
PmminntnliiiiffMi




A •iitrnl*
Ethan* 1.1.2-tncMofO- 	 	 	 	
Tnchtoroettiyton*
TncnkxoGthona

Pheno).2.4.6-tnchton>
Phenol 2 4 6-tnchtore-

-tropenoi, z.Mnoromo*. pnospnaie (3- ") •
bta(azo>lbis(5-emino-4 Hydrant-
tetrasodium salt
.


L 	
: RCRA
; b«T , 90ry
r
i
1000
1000
1000
1000
1*
r
1000
r
r
i
i*
r
r
i*
i*
i*
i*
1000
1000
10
10
10
1*
r
r
r
i*
4
4
3
4
4
4
4
t
1
1
1
4
4
t
4
4
1.2.4
2
4
2.4
2.4
2.4
4
4
4
4
4
4
1.2.4
4
2.4
1.2.4
1.2.4
t
1.4
1.2.4
4
4
4
4
4
2.4
U164
U180
U202
U203
U205
U015
U089
U208
U20S
U103
U060
U208
U209
U210
U210
U218
U2t»
U221
U328
U353
U222
P123
U011
U227
U22B
U228
U230
U23t
U23S
U236
0004
0006
0007
0008
A
X
B
B
A
A
X
X
X
X
X
X
X
A
B
X
X
B
B
B
B
A
A
A
B
B
B
X
A
B
B
B
A
A
A
A
A
X
A
X
B
»
tO (4 54)
1 (0 454)
9
100 (45.4)
100 (45 4)
10 (4 54)
10 (4 54)
1 (0454)
1 (0 454)
1 (0 454)
1 (0454)
t (0454)
1 (0 454)
1 (0454)
10 (4 54)
100 (45.4)
1 (0.454)
1(0.454)
100 (45.4)
100 (45.4)
100 (45 4)
100 (45 4)
10(45
10 (4.5*.
10 (4 54)
100(454)
100 (45 4)
100 (45 4)
1 (0454)
10 (4 54)
100 (45 4)
100 (45 4)
100(454)
10 (4 54)
10 (4 54)
10 (4 54)
10(454)
10 (4 54)
1(0454)
10 (4 54)
1 (0454)
100 (45 4)

-------
  Federal Renter / Vot.  52. No. 50 / Monday. March 16. 1987  / Proposed Rules
815
TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE OUANTTTES-Cortmuetf
Hazardous Substance
Undane.- .
Toxaphene ...
Uracrt. S-(bis(2-chloroetrtyl)amino]- 	
Uracrf mustarit. 	 _ 	
Vinyl chlonde.- 	 _ 	
Vinylidene chlonde 	 _ 	 _.
F001 	 	
The followjng spent halogenated
solvents used in degreaang and
sludges from the recovery of these
solvents m decreasing operations:
(a) Tetrachtoroethytene 	 _
(b) TncMoroettiytane 	 	 	
(c) Motnytene crttonda


mCtibvmntfMl ffcinmr^ftuma
F002 	
The toflOMng spent halogenated


(b) Methytane cMonde- 	 	 	
(c) Tnchtottetftyfene. 	 	 	
(e) Cntoroberaene 	 	 	
(0 1.1.2-Tnchlcn>l.2.»infhJoroMhane. 	
(g) o-OKhtorobenzene. 	 	
F006 	 	
Wastewater treatment sludges from
from the following processes:
(U suBune aod anodtang ol
alummum..
(2) tin plating on carbon steel. 	
(3) are plating (segregated
bass) on carbon steel
(4) aluminum or zmc-alummum
piatng on cartoon steal..
(5) cleaning /stripping
associated with tm. anc and
aluminum ptatmg on cartoon
steel, and.
ioi uMnracai wcning and rmikng
of atumnunt.
F019 	 	
Wastewatar trBatmei'n sludges from
akmmum.
F020 	 	
CASRN
NA.
NA
66751
6675 1
75014
75354
127184
79016
7509Z
71556
56235
N.A.
127184
75092
79016
71556
108907
76131
95501
75694
•

Regulatory Synonyms


U'flcri mustard 	
Uraal 5* f bifif 9-£hlnrnattiwllamiffm 1.
Ethane, chloro- 	
Ethene. 1,1-dichloro-
i.i-Oichioroethyiena
-



Statutory
RO
1'
r
i«
i'
i*
5000
1*
1'
1000
f
1»
5000
1«
1*
1-
1"
1000
1-
100
1"
100
1-
!•
r
i«
Code
T
M
1.4
4
4
2.3.4
1.2.4
4
2,4
1.2.4
4
2.4
1.2.4
4
4
2.4
4
1.2.4
2.4
4
4
4
4
4
RCRA
Waste
Num-
ber
0013
DOTS
U237
U237
U043
U078
F001
U210
U228
U2>1
F002
U210
U228
Fooe
FOT9
F020
Proposed RQ
Cate-
gory
X"
X
A
A
A
B
A
B
B
C
C
A
o
a
B
c
B
C
B
O
B
D
X
X
X
Pounds(Kc
' 1 (0*54)
1 (0454)
10 (4 54)
tO (4 54)
10 (4 54)
100 (45 4)
10 (4 54)
100(455)
100(454)
1000(454)
1000 (454)
10(454)
5000 (2270)
100 (45 4)
100(454)
1000 (454)
100 (4S.4)
1000(454)
100 (45 4)
5000 (2270)
100 (45 4)
5000 (2270)
' 1 (0 454)
1 (0 454)
1 (0 4541

-------
S15S
Federal Register / Vol. 52.  No. 50 / Monday. March 18. 1907 /  Proposed Rules
           TABLE 302 4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES—Continued
Hazardous Substance CASRN Regulatory Synonyms
i
Wastes (except wastewater and
spent carbon from nyarogen
chloride purification) from me
production or manufactunng use
(as a reactant. chemical
intermediate, or component in a
formulating process of tn- or
tetrachiorophenol. or of
intermediates) used to produce
their pesticide derivatives. (This
listing does not include wastes
from the production of
hexachlorophene from highly
purified 2.4.5-tnchlorophenol.).
F021 	
Wastes (except wastewater and
spent carbon from hydrogen
chlonde purification) from the
production or manufactunng use
(as a reactam. chemical
intermediate, or component m a
formulating process) of
pentachlorophenol. or of
intermediates used to produce Its
derivatives.
F022.
Wastes (except wastewater and
spent carbon from hydrogen
chlonde purification) from the
manufactunng use (as a reactant
chemical in- termediate. or
component in a formulating
process) of tetra-. penta-. or
hexachiorobenzenes under
alkaline conditions.
F023 	
Wastes (except wastewater and
spent carbon from hydrogen
chlonde purification) from the
production of materials on
production or manufactunng use
(as a reactant chemical
intermediate, or component in a
formulating process) of tn- and
tetrachlorophenois. (This listing
does not include wastes from
equipment used only for the
production or use of
nexacnioropnena rrom nxjray
purified 2.4,5-tnchlorophenol.).
F024 	 »
Wastes, including but not limited to.
distillation residues, heavy ends,
tars, and reactor cteanout wastes.
from the production of Chlorinated
aliphatic hydrocarbons, having
carbon content from one to five.
utilizing free radical catalyzed
processes. (This listing does not
include light ends, spent filters and
filter aids, spent dessicantxsic).
wastewater, wastewater treatment
sludges, spent catalysts, and
wastes listed m Section 261.32.).
F028 	
i









Statutory
RO
1*
1'
r
r
r
Code
T
4
4
4
4
4
RCRA
Waste
Num-
ber
F021
F022
F023
F024
F026
Proposed RO
Gate-
gory
X
X
X
X
X
PoundslKg
1 (0 454)
1 (0.454)
1 (0.454)
1 (0.454)
1 (0 454)

-------
  Federal Register / Vol. 52. No. 50 / Monday. March 16. 1987 / Proposed Rules
TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE OUANTITIES-Ccntmued
Hazardous Substance
Wastes (except wastewater and
spent cartoon trom hydrogen
chlonde purification) (rom me
production of matenafs o»
equipment previously used lor the
manufacturing use (as a reactant,
chemical intermediate, or
component in a lormulatmg
process) of tetrar. penta-. or
hexachiorobonzene under alkaline
conditions.
F027 	 	
Discarded unused formulations
containing trv. tetra-. or
pentachforophenol or discarded

chlorophenolt. (Th» latmg does


pi^Ajiiiiau *i.«.xncmotupn6noi M
F028 	
Resduos resulting from the
incineration or thermal treatment
of sod contammated wtti EPA
Hazardous Waste Not. FC20.
F021. F022. F023. F026. and
F027.
K001 	
Bottom sedimam sludge, from the

use creosote and/or
penuMnforopnenol.
K002 	 _ . .
Wastewater treatment sludge from
the production of chrome yellow
Koo3..~..7..™™!!r!.!T..r "*
Waatewater treatment riudgs from
the production ol morybdate
orange p^ment*
K004 	 _
Wastewater treatment etadge from
the production of anc yellow
ptgment*.
KOOS.._ 	 	 	
Waetewatar trenment etarige frern
me production M enrome green
pigmonBL
KOM 	 	 	


green pigments pnnydroua and
hydrmted}.
K007 	
Wastewater treatment sludge from
the production of iron blue
pigmentSi
"906^ _^ 	
Oven nMdbe from the production of
K009 	
CASRN


1








Regulatory Synonyms
•










Statutory | Proposed RQ
RQ
r
1*
1*
1'
1'
r
i-
i*
t*
f
^•
Code
T
4
4
4
4
4
4
4
4
4
4
4
RCRA
Waste
Num-
ber
F027
F02»
K001
K002
K003
K004
KOOS
K00»
K007
K00»
KOOft
Cate-
gory
X
X
X
X
X
X
X
X
X
X
A
Pounds(Kg)
i
1 (0 454)
1 (0.454)
1 (0 454>
1 (0.454)
1 (0.454)
1 (0.454)
t (0 454)
1 (0 454)
t(0454)
H0454F
in I* «4i

-------
8160
Federal Register / Vol. 52.  No. 50 / Monday. March 16. 1987 /  Proposed Rules
           TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE OUANTITIES-Continued
Hazardous Substance
Distillation bottoms from the
production of acetaldehyde from
ethylene.
K010 	
Distillation side cuts from the
ethylene.
K011 	
Bottom stream from the wastewater
stopper m the production of
acryiomtnle.
K013 	

column in the production of
acrylonitnle.
KOI 5 	
Still bottoms from the distillation of
benzyl chloride.
K016 	
Heavy ends or distillation residues
from the production of carbon
tetrachtonde.
K017 	 _ 	
Heavy ends (stfl bottoms) from the
purification column m the
production of epchlorohydnn.
K018 	
Heavy ends from the fractionation
production.
K019 	 __
Heavy ends from the distillation of
ethylene dichlonde m ethylene
dichtonde production.
K020 	 	
Heavy ends from the distillation of
vinyl chloride in vinyl chloride
monomer production.
(Components of this waste are
identical with those of K019.
immediately preceding.)
K021 	 	
Aqueous spent antimony catalyst
waste from fluoromethanea
production.
K022 	 	
Distillation bottom tars from the
production of phenol/acetone from
cumene.
K025 	 _
Distillation bottoms from the
production of nitrobenzene by the
nitration of benzene.
K027 	 	 	 	 	 „,
Centrifuge and distillation rsvdues
from toluene dnsocyanat*
production.
K028.._ 	
Spent catalyst from the
hydrochlonnator reactor in the
K029 	
Waste from the product steam
stnpper m the production of 1.1.1-
tnchloroethane.
K030 	 _ 	
CASRN





	 	

	






Regulatory Synonyms


•



i
t
.









RO
r
r
r
1*
r
r
i
r
r
i«
r
r
i«
i«
r
r
V
Statutory
Code
T
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
RCRA
Waste
Num-
w-^
K010
K011
K013
K015
K016
KOI 7
K01B
K019
K020
K021
K022
K025
K027
K028
K029
K030
Proposed RO
Cate-
gory
A
A
A
X
X
A
X
A
A
A
X
A
A
A
A
X
Pounds(K
10 (4.54)
10 (4.54)
10 (4.54)
1 (0 454)
1 (0.454)
10 (4 54)
1 (0.454)
10 (4 54)
10 (4.54)
10 (4.54)
1 (0.454)
10 (4.54)
10 (4.54)
10 (4.54)
10 (4.54)
1 (0 454)

-------
  Federal Regi3ter / Vol. 52. No. 50 / Monday. March 16. 1967 / Proposed Rules
8161
TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE OUANTITIES-Continued
Hazardous Substance
Column bottoms or heavy ends from
the combined production of
trichloroethylene and
perchloroethyiene.
K031 	
By-product salts generated in the
production of MSMA and cacodylie
acid.
K032 	
W&StfiwatBf tTAAtmant filurtao fnvn
tho production of chlordflno.
K033 	 	
Wastewater and scrub water from
m the production of chlordane.
K034 	
Filter solids from filtration of
production of chlordane.
K035 	 _ 	 _..
Wastewater treatment sludges
generated in the production of
creosote.
K038 	 	
Wastewater from the wairong and
»*"w"H u> pnoraie prooucnon.
the production of phorate.
(Components of this waste are
identical with those of K038.
above.)
K041 	
WnfltlUMntnf tmtttnwit ah ulna tijim
the production of toxaphene.
K042 	 	
from the distillation of
leiracnioroDoruene tn tne
production of &4.5-T.
K043 	 	

c.D-uwnioiopnonoi waste irom me
production of 2.4-O.
K048 	 	
Dissolved air flotation (OAF) Boat
from the petroleum fefinnig
industry.
K04fl 	 	 	
Slop ort emulsion solids from the
petroleum refining vidustiy.
KOSO
Heat exchanger bundto deejvng
sludge from the petroleum refMng
industry.
K051.._ ..
API separator sludge from the
petroleum refirang industry.
K080 	 ,

coking oporationi.
K061 	 	 	 	
_ . . ...
envstton control dust/sludge from
the primary production of steel «
electric furnaces.
K062 	 	
CASRW


	 	
	 	
	




	
Regulatory Synonyms


	 — 	 - 	 	
— 	 	 	
•• 	 	







Statutory
RQ
1*
V
r
r
r
r
r
r
r
r
r
r
V
r
r
r
r
Code
t
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
RCRA
Waste
Num-
ber
K031
K032
K033
K034
K035
K038
K040
K041
K042
K043
K048
K049
KOSO
K051
K060
K061
K062
Proposed RQ
Cate-
gory
X
A
A
A
X
A
A
X
A
A
X
X
X
X
X
X
X
Pounds(Kg)
1 (0 454)
10 (4.54)
10 (4 54)
10 (4 54)
1 (0.454)
10 (4.54)
10 (4.54)
1 (0.454)
10 (4.54)
10 (4 54)
1 (0 454)
1 (0 454)
1 (0.454)
1 (0.454)
1 (0 454)
1 (0 454)
1 (0.454)

-------
8162
Federal Register / Vol. 52. No. 50 / Monday. March  16. 1S87 / Proposed Rules
           TABLE 3(^4 . LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE OUANTITIES-Contmued
Hazardous Substance
CASRN
Spent pickle IIQUOT from steel ,
finishing operations. ,
K069 	 1
Emission control dust/sludge from
secondary lead smelting.
K073 	 ^
Chlorinated hydrocarbon waste from
the purification step of the
diaphragm cell process using
graphite anodes in chionne
production.
K084 	 _..
Wastewater treatment sludges
generated during the production of
vetennary Pharmaceuticals from
arsenic or organo-arsenic
compounds.
K085 	 	
Distillation or fracbonataon column
bottoms from the production of
chlorobenzenes.
K086 	
Solvent washes and sludges, caustic
washes and sludges, or water
washes and sludges from cleaning
tubs and equipment used m the
formulation of ink from pigments,
dners, soaps, and stabilizers
containing chromium and lead.
K095 	
Distillation bottoms from the
production of 1.1,1-
tnchioroethane.
K096 	 	
Heavy ends from the heavy end*
column from the production of
1.1.1 -tnchioroethane.
K097 	
Vacuum stripper discharge from the
chloroane chlonnator in the
production of chtordane.
K098 	
Untreated process wastewater from
the production of toxaphene.
K099 	
Untreated wastewater from the
production of 2,4,-D.
KlOO 	 	 _. 	 ^.
Waste leaching solution from aod
leaching of emission control dust/

amorang. (ixxnponenn oi ns
waste are identical with those of
K069.)
K1 01 	 	
Distillation tar residues from the
distillation of aniline-based
compounds in the pioducuon of
veterinary pharrnaceutcals from
arsenic or organo- arsenic
compounds.
K102 	


	
	

	


Rogutatory Synonyms




	 	
	 	 	





Statutory
no
1*
1-
1*
r
i'
1'
r
r
i«
r
r
r
!•
Code
t
4
4
4
4
4
4
4
4
4
4
4
4
4
RCRA
Waste
Nunv
K069
K073
K084
K08S
K086
K09S
K09B
K097
K098
KC99
K100
K101
K1Q2
Proposed RQ
Gate-
gory
X
A
X
A
X
B
A
X
X
A
X
X
X
PoundsC
1 (0.454)
10 (4.54)
MO 454)
10 (4.54)
1 (0.454)
tOO (45 4)
10 (4.54)
1(0454)
1 (0.454)
10 (4 54)
1 (0.454)
1(0454)
1 IDJUM

-------
                                                                                                                        8163
                TABLE 302.4 - LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES-Contmued
          Hazardous Substance
      Re&due from the use of activated
        carton lor decoloration in the
        production of veterinary
        Pharmaceuticals from arsenic or
        organc-arsentc compounds
  l\ 104.............,..11n the production of ethylene
K136..
    Still bottoms from the purification of
      ethylene dftromide in the
      production of ethylene dbromide
      via bromnation of ethene.
                                  CASRN
    t-
    n
exceeds
*y Synonyms



	 	



. 	

— 	

RQ
V
1*
1'
1'
1'
!•
1«
r
i*
1«
r
Statutory
Code
t
4
4
4
4
4
4
4
4
4
4
4
RCRA
Waste
Num-
ber
K104
K10S
Kill
K112
K113
K114
K115
K116
K117
K11B
K138
Proposed RQ
Gate-
gory
I
A
A
A
A
A
A
A
A
X
X
X
Pounds(Kg)
/
10 (4 54)
10 (4 54)
10 (4 54)
10 (4.54)
10 (4.54)
10(454)
10 (4 54)
10 (4 54)
1 (0 454)
1 (0 454)
1 (0 454)
                    source as defined by 1.2.3. or 4 below

     rwc^ers(6^nrtS.hmr**" 8Ub8t*nC* " "*** " ** -hmil-r 0< ** pteeet <* •"• «<*d m«al released is equal to or
                            to friable.forms onty.
                                             22 Jl^SSJ" "ub»*ane> «jndef CJRCLA is CWA Section 3ll(bK4)
                                             22 KS22 !S!2S? UJS? SISS^ * S^A section ww
                                                                                                   112
                                                                '—•—•—•»» »»^»w. -^f^* >^»«#-i •• «M H « ^jj^umi i ic
                                                                substance under CERCLA « RCRA Section 3001

-------
8164
Federal Register / Vol. 52. No. 50  /  Monday.  March 16. 1987 / Proposed Rules
   i' - md.caies mat the i-pound RO is a CERCLA statutory RO
APPENDIX A-SEOUENTIAL CAS REG-
ISTRY NUMBER LIST OF CERCLA
HAZARDOUS SUBSTANCES
CAS REG
NUMBER Hazardous Substance
50000
50077
50180
50293
50328
51796
53703
53963
55185
56042
56235
56382
56435
56531
56553
57147
' Formaldehyde
Methyiene oxide
' A2inno(2',3'3.4)pyrrolo(1.2-
| a)mdole-4.7-dione.6-amino-8-
[((aminocarbonyl)oxy)methyl]-
i . i a.2.B.8a.8b-hexahydro-8a-
methoxy-5-methyl-
Mitomycin C
Cyclophosphamide
2H- 1 j.2-Oxazapnosphonne.2-
Cbis(2-chtoroethyl)
aminoJtetrahydro-2-oxide
DOT
Dichlorodphenyt tnchtoroethane
4.4--DDT
Benzo(a]pyrene
3.4-Benzopyrene
Carbamic acid, ethyl ester
Ethyl carbamate (Urethan)
>benz la* ] anthracene
>benzo(a.h]anthracene
t .2-5.6-Dibenzanthracene
Acetamde. N-tluoren-2-yl-
2-Acetytaminofluorene
€lhanamine. N-etrtyt-N-mtroso-
N-Nitrosodiethyiamine
Methyfthiouracil
4(lH).pynmidinone. 2.3-dihydro-
6-methy|.2-thioxo-
Carbon tetrachlonde
Methane, tetrachloro-
Parathion
PhosphorottMC add, O.CHfeethyl
O-(p-nitrophenyl)ester
Benz[|]aceanthrytene, 1.2-
dihydro-3-mettiyt-
3-Methyicholanthrene
Oiethylstilbestrol
4.4'-Suibenedtol. afcha,alpha'-
diethyl-
BenzCalanthracene
Benzotalanthracene
i ,2-Benzanthracene
Hydrazme. l.l-
Hexachloraeitian*
Guanidine. N-rwtroso-N-methyl.
N ~mtr^
N-Memyt-N>-ntro-M.

APPENDIX A-SEOUENTIAL CAS RE
ISTRY NUMBER LIST OF CERCL
HAZARDOUS SUBSTANCES— Contm-
ued
CAS REG.
NUMBER
71432
72548
72559
72571
74873
74884
75014
75218
75354
75558
75605
75876
76017
76448
77474
77781
79005
Hazardous Substance
Benzene
ODD
Dichlorodipnanyl dichioroeihane
TOE
4.4--ODD
DOE
4.4--OOE
Trypanbtue
aad.3,3-.C(3J'. dmethyMl.v-
«»phenylM.4'^*yl)-
bts

, i -utcrnof oeinyiene
1.2-Propytenimloe
2-MethylazmdlM
CacodyHcaod
ydroxydunetnylarwie oxkto
Chloral
Ethane. pentachton>
Pentachkxoetnane
4.7-Methano-lH.
indene.l.4.5.6.7.8.8-
heptachlorc-3a,4.7.7s«
tetrahydio-
1 l^kfrlrrwantMltanii 1 9 1 4 ^ ^.
hmMtfikviv
Onethyt suHate
ElMne. 1.1.2-WcWoro.
1.1.2-TricWoroethane

-------
APPEND
ISTRY
HAZAF
ued
	 	
X A— SEQUENTIAL CAS REG-
NUMBER LIST OF CERCLA
DOUS SUBSTANCES— Contin-
CAS REG '
NUMBER Hazardous Substance
79016
79345
79447
79469
81072
82688
87683
87865
68062
91598
" 91941
92875
94586
94597
95534
95607
95954
96128
96457
98077
1
' Tnchloroethene
Tnchloroethylene
Ethane. 1 . 1 .2.2-letrachloro-
1 . i .2.2-Tetrachloroethane
Carbamoyl chloride, dimethyl-
Oimethylcarbamoyl chloride
Propane. 2-nitro-
2-Nitropropane
Saccharin and salts
1 ,2-Ran?isothiazolin-3-ono 1 1
dioxide, and salts
Benzene, pemachtororafro-
MqxachiQrobutadione
1.3-Butadwne. 1.1.2.3.4.4-
hexachloro-
Pentachlorophenol
Phenol, pentachtoro-
Phenol. 2.4.6-tnchloro-
2.4,6-Tnchlorophenol
beta-Naphftytamme
2-Naphthylamine
(I.V-Biphenyl).
3.3'-Oichlorobenzidine
O.l'-BiphenylM^diarime
Benzidine
Benzene. 1.2-mothyteneutary-*-
Dihydrosafrote
Benzene, 1.2-methytonedtoary-*.
ally).
Salroto
o-Tolutfm
ToluenedJarwne
OamnotohNm
Phenol. 2.4.5-tnchtoro-
2.4.5-Tnchiorophenot
Propane. l.2-dibromo-3-crUoro-
1-2-0*rorno-3-cntaoprop*ne
2-lrmdazolidinetruone
Jonzotnchlonde)
======
APPENDIX A-SEOUENTIAL CAS REG-
ISTRY NUMBER LIST OF CERCLA
HAZARDOUS SUBSTANCES- Contin.
ued
CAS REG ^ _
NUMBER Hazardous Substance
99558
100447
100754
101144
106490
106898
106934
107062
107131
107302
110805
111444
115026
117817
118741
119904
119937
120581
121142
Benzenamme. 2-metnyt-5-O4tro-
5-Nitro-o-toluidine
Benzene, chkxomethyt-
Benzyl chlonde
"••Nnrosoopenoine

Benzenamme. 4.4'-
methytenebis<2-chloro-
'i.'* -Mamyieneoiaiz-
p-Toluidine
4-Ammo-l-rnethyibenzene
Eptcntorobydnn
Oxirane. 2-(chloromethyt).
1 -Chk>ro-2,3-epo«ypropane
Ethane. 1.2-oTbromo-
Ethane. l.2-«chlon>
Ethylene dichlonde
1.2-Otchloroethane
Acrylonrtnle
2-ProoafMnitnitt

Methane, chkxomethoxy-
Ethylene gtycol monoethyl ether
2-Ethoxyethanol
Bis(2-chloroethyl) ether
Ethane. I.r-oxytaat2-chlon>
Azasenne
L-Senne. diazoacetate (ester)
Bis(2-ethylhexyl) phthalate
tbis(2-ethylhexyl)) ester
Jonzene. hexachtoro-
I.V-Bphenyl).
3.3'-Dimethoxyberu3dine
1 . 1 >BiphenylH.4-4Hmine.3.3>.
dimethyl.
3.3'-Oimethylbenzidine
Owzwe, l.2.
l.4:5.8-endo.ex>
dimethanonaphthalene

-------
8166 Federal Register / Vol. 52. No. 50 / Mondav. March IB. -ma? / p, 	 A B..U.
APPENDIX A-SEQUENflAL CAS REG-
ISTRY NUMBER LIST OF CERCLA
HAZARDOUS SUBSTANCES- Contin-
ued
CAS REG
NUMBER
319846
319857


492808

494031

496720

510156

540738
542681

543908
557197
606202

609198
610399
615532

621647
624839

630206
636215

684935


692422

696286

Hazardous Substance
alpha— BHC
beta — BHC


Auramme
Benzenamine. 4.4'-
carboninudoylbis (N.N-
dimethyl-
Chlomaphazine
2-Naphthylamine, N.N-ois(2-
chloroethyl).
Toluenediamine
Oianunotoluene

DofizeneacBuc BOO, 4-cnioro-
alpha-(4-chiorophenylalpha.
hydroxy-ethyl ester
Ethyl 4.4--dichlorobenzilate
Hurtjn,-B_ji_n. 4 4 W^K&^^.J
ydraztne. 1,2-dunethyl-
1.2-Oimethylhydrazine
Bis(chloromethyl) ether
Methane. oxybis(chloro-
Cadmium acetate
Nickel cyanide
Nwkeigi) cyanide
Jenzene. l-metrtyt-2,6-dimtro-
2.6-Dinitrotoluene
3.4.5-Tnchlorophenol
3.4-Oinitrotoluene
Carbarmc acid, methylnttroso-.
ethyl ester
N-Nitroso-N-methylurethane
Vrvpropylnitrosamlne
socyanic aod. methyl ester
Methyl isocyanate
Ethane. 1.1.1.2-tetracrHoro-
.1.1 .2-Tatrachtoroethane
Benzenamine. 2-methyK
hydrochlonde
o-Toluidine hydrochlonde
Carbamide. N-methyl-N-nitroso
N-Nitroso-N-methylurea

Arsine. diethyl-
Oiethyiarsine
Mchlorophertytarsine
Phenyl dichloroarsme

APPENDIX A-SEOUENTIAL CAS REG-
ISTRY NUMBER LIST OF CERCLA
HAZARDOUS SUBSTANCES-Contm-
ued
CAS REG
NUMBER
759739


765344

823405
924163
930552

933755
933788
1024573
1116547
1120714

1303282
1303328
1303339
1327522
1327533

1332214
1335326
1336363
1464535

1815801
1746016
2303164


3165933



4549400

Hazardous Substance
Carbamide. N-ettiyt-N-nitrosc-
N-Nitroso-N-ethylurea

Gtyodylaldehyde
l-Propanal. 2.3-epoxy-
Toluenediame
Diaminotoluene
N-Nitrosodt-n-butylamlne
1-Butanamme. N-butyt-N-ntreao-
». ». .
N*Nitrosopyrrolidine

Pyrrole. tetranydro-N-nrtroso*
2,3.6-Tnchkxophenol
2,3,5-Tnchlorophenol
Heptachlor epoxide
Ethanol. 2.r-(nitrosoimino)bi».
N-Nttrosodiethanolamne
1.2-Oxattuolane. 2^-dio«lde
1.3-Propane sultone
Arsenic pentoxkJe
ArsemcCV) oxide
Arsenic disulfide
Arserwc tnsulfide
Arsenic aod
Arsenic tnoxkte
Arsenic(lll) oxide
Asbestos
Lead subacetata
Polychlormated Biphenyls
(PCBs)
1 ,2:3.4-Oieooxybutane
!.2'-Bioxirane

Hydrazine. 1.2-dwthyl.
N.N'-Diethyihydrazine
2.3.7.8-Tetrachlorodibenzo»
dioxin (TCOO)
Diallate
S-(2.3-Dtchloroallyl)
diisopropylthiocarbamate

Benzenamine. 4
N-Nitrosomethylvinylamine
APPENDIX A-SEOUENTIAL CAS REG-
ISTRY NUMBER LIST OF CERCLA
HAZARDOUS SUBSTANCES-Contin-
ued
CAS REG.
NUMBER
7439921

744002C

7440382
7440417
7440439
7440473
7446277

7488564
7631892
7645252
7718549
773894S
7775113
7778394
7778441
7778509
7784341
7784409
7784410
7784485
7/86814
7787475
7787497
7787555
7788989
7789008
7789082
7789095

7789426

8001352
Hazardous Substance
Lead

Nickel

Arsenic
Beryllium
Beryllium dust
Cadmium
Chromium
Lead phosphate
Phosphoric aod, toad salt
Selenium disulfide
Sulfur setende
Sodiums/senate
Lead a/senate
Nickel chloride
Chromic acid
Sodium chromate
Arsenic aod
Calcium areenate
Potassium bichromate
Arserac trichloride
Leadarsenate
'otassurn arsenato
>odium arserdte
Nickel sulfate
lefyllium chloride
Beryllium fluonde
Beryllium nitrate
^mmorMum chromate
Potassium chromate
itrontwm chromate
Ammonium bichromate

Cadmium bromide

Uunphene. octachtoro-
w I -w-w


-------
                Federal Regi.ter  /  Vol.  52.  No. 50 /  Monday. March  16. 1987 / Pronn.pH Rules
APPENDIX A-SEQUENTIAL CAS REG-
  ISTRY NUMBER  LIST OF  CERCLA
  HAZARDOUS SUBSTANCES-Contm-
  ued
CAS REG
NUMBER
Hazardous Substance
   8001569  Creosote

  10102484  Lead arsenate

  10108642  Cadmium chloride

  10124502  Potassium arsemte

  10588019  Sodium bichromate

  11096825  Aroctor1260
            Polychlonnated Biphenvls
             (PCBS)

  11097691  Aroclor1254
           Polychlonnated Biphenyts
             (PCBs)

  11104282  ArocloM221
           Polychlonnated Biphenvts
             (PCBs)

 11115745  Chrome aod

 11141165  Aroclor1232
           Polychlonnated Biphenyts
             (PCBs)

 12002038  Cupnc acetoarsenite

 12054487  Nickel hydroxide

 12672296  Arodor 1248
           Poiychlormated Biphenvts
            (PCBs)

 12674112  AroclorlOie
           Polychlonnated Biphenyts
            (PCBs)

 13463393  Nickel carbonyl
          Nickel tetracarbonyl

 13597994  Beryllium nitrate

 13765190  Calcium chromate
          Chromic aod, cakaum salt

 14216752  Nickel nitrate

 14307358  Lithium chromate

 15699180  Nickel ammonium suit ate

15950660  2.3,4-Tnchlorophenol

18883664  D-Glucopyranose. 2-deoxy-2-<3-
            methyt-3- nitrosoureido)-
          Streptozotocm
APPENDIX A-SEOUENTIAL CAS REG
  ISTRY NUMBER  LIST OF  CERCLA
  HAZARDOUS SUBSTANCES—Contin-
  ued
CAS REG.
NUMBER '
                                        20830813
                                       25167822

                                       25321146
                                       Hazardous Substance
                                  Oaunomyan
                                  5.12-Naphthacenedione. (8s-
                                    os)-a-acetvMO-[3- aminc-
                                    2.3.6-tndeoxy-alpha-l-lyxo-
                                    hexopyranoxyl) oxyl-7.8.9.10-
                                    tetrahydro-6,8,11-tnhydroxy-l.
                                    methoxy
                                  Tnchlorophenol

                                  Dirtrtrotoluene
                                                                                                              81 fir
                                                               APPENDIX A— SEQUENTIAL CAS REG-
                                                                 ISTRY  NUMBER  LIST OF  CERCLA
                                                                 HAZARDOUS SUBSTANCES— Contin-
                                                                 ued
                                                                               CAS REG
                                                                               NUMBER
                                                                                             Hazardous Substance
                                       25376458 . Toluenediamine
                                                I Oiammotoluene

                                       37211055 J Nickel chloride

                                       52740166 J Calcium arsenite

                                       53469219 j Aroclor 1242
                                                I Polychionnated Biphenyis
                                                '   (PCBs)
                                        PART 117-OESIGNATION, REPORTABLE QUANTITIES AND NOTIFICATION

                                          1. The authority citation for Part 117 continues to read as follows:

                                                                                        C<""rel Act
                                                                                                ssr
                                        0 asaooated wrth reponable qu^m*, of 1, 10. iS              '
                                         TABLE 117.3— REPORTABLE QUANTITIES OF HAZARDOUS SUBSTANCES
                                                   Material
                                     Acetaldehyde.._
                                     Acetic aod	
                                     Acetic anhydride	!!!.
                                     Acetone cyanohydnn
                                     Acetyl bromKte...
                                     Acetyl chtonde
                                     Acrolwn	
                                     Acrylonrtrte	
                                     Adiptc acid
                                     Aldnn
                                     Ally! alcohol
                                     Aluminum sulfakf	
                                     Ammonia		
                                     Ammonium acetate	
                                     Ammonium benxoate	,
                                     Ammonum bicarbonate.
                                     Ammonium bichromate..,
                                     Ammonum biftuonde	
                                     Ammonium bisulfite	
                                     Ammonum carbamate....
                                     Ammonium carbonate	
                                     Ammonum chloride	
                                     Ammonum chromate	
                                     Ammonum citrate	
                                     Ammonium flucborate	
                                     Ammonum fluoride	
                                     Ammonum hydroxide....
                                                                             Category
                                                                 C
                                                                 D
                                                                 0
                                                                 A
                                                                 D
                                                                 0
                                                                 X
                                                                 A
                                                                 0
                                                                 X
                                                                 B
                                                                 C
                                                                 0
                                                                 B
                                                                 D
                                                                 0
                                                                 0
                                                                 X
                                                                 B
                                                                 0
                                                                 0
                                                                 0
                                                                 D
                                                                 X
                                                                 0
                                                                 0
                                                                 B
                                                                 C
                                                                             RO in pounds (kilograms)
                                                           1.000 (454)
                                                          5.000 (2.270)
                                                          5.000 &270)
                                                            10 (4 54)
                                                          5.000 (2.270)
                                                          5.000 (2.270)
                                                            1 (0 454)
                                                            10 (4.54)
                                                          5.000 (2.270)
                                                            1 (0 454)
                                                           100 (45 4)
                                                           1.000(454)
                                                          5.000 (2.27C;
                                                           100 (45.4)
                                                          5.000 (2.270)
                                                          5.000 (2.270)
                                                          5.000 (2.270)
                                                            1(0454,
                                                           100 (45 4)
                                                          5.000 (2.270)
                                                          5.000 (2.270)
                                                          5.000 (2.270)
                                                          5.000 (2.270)
                                                           1 (0454)
                                                          5.000 (2.270)
                                                          5.000 (2.270)
                                                           100(454)
                                                          1.000(454)

-------
 8168
Federal Register  / Vol.  52.  No.  50 / Monday. March 16. 1987 / Proposed Rules
   TABLE 117.3—REPORTABLE QUANTITIES OF HAZARDOUS SUBSTANCES—
                                      Continued
                Material
 Ammonium oxalate 	
 Ammonium sihcofluonde 	
 Ammonium suifamate	
 Ammonium sulhde 	
 Ammonium sulfite	
 Ammonium tartraie	
 Ammonium thiocyanate	
 Ammonium truosullate	
 Amyi acetate	
 Aniline	.'....
 Antimony pentachlonde	
 Antimony potassium tartrate	
 Antimony tnbromde	
 Antimony tnchlonde	
 Antimony tnfluonde	
 Antimony tnoxide	
 Arsenic disulbde	."."......
 Arsenic pentoxide	
 Arsenic tnchlonde	
 Arsenic tnoxide	
 Arsenic tnsulfide	
 Banum cyanide	,
 Benzene	
 Benzoc and		
 Benzonitnle		
 Benzoyl chlonde._	
 Benzyl chlonde	
 Beryllium chlonde	
 Beryllium fluoride	
 Beryllium nitrate	
 Butyl acetate	
 Butyl arnme	
 n-Butyt pKhalate		
 Butyncacid			
 Cadmium acetate		
 Cadmium bromide		
 Cadmium chlondo..........	
 Calcium arsenate	
 Calcium arsenite	
 Calcium carbide	
 Calcium chromate	
 Calcium cyanide	
 Calcium dodecylbenzenesulfonate...
 Calcium hypochlonte	
 Captan	
 Carbaryl	
 Carbofuran	.-	
 Cartoon disulfide	"".'.
 Carbon tetrachlonde	
 Chlordane	
 Chlonne	_...	_.	
 Chlorobenzene	
 Chloroform			
 Chlorosurforuc acid		
 Chlorpynfos	_.._._.......„.
 Chrormc acetate			
 Chromic aod	_	
 Chromic sutfate	
 Chromous chlonde	
 Cobaltous bromide	
 Cobaltous formate	
 Cobaltous sultamate	
Coumaphos	
 Cresol	
 Crotonaldehyde	
Cupnc acetate	_	
Cupnc acetoarsenite	
Cupnc chlonde	
Cupnc nitrate	
                           Category
                              0
                              C
                              0
                              B
                              D
                              0
                              0
                              0
                              D
                              0
                              C
                              B
                              C
                              C
                              C
                              C
                              X
                              X
                              X
                              X
                              X
                              A
                              A
                              0
                              D
                              C
                              B
                              X
                              X
                              X
                              0
                             C
                              A
                              D
                              A
                             A
                             A
                              X
                              X
                             A
                              X
                             A
                             C
                             A
                             A
                             B
                             A
                             B
                             A
                             X
                             A
                             B
                             A
                             C
                             X
                             C
                             X
                             C
                             C
                             C
                             C
                             C
                             A
                             C
                             B
                             B
                             X
                             A
                             B
RO in pounds (kilograms)
     5.000 (2.270)
      1.000(454)
     5.000 (2.270)
      100(454)
     5.000 (2.270)
     5.000 (2.270)
     5.000 (2.270)
     5.000 (2.270)
     5.000 (2.270)
     5.000 (2.270)
      1.000(454)
      100 (45.4)
      1.000 (454)
      1.000(454)
      1.000(454)
      1.000 (454)
      1 (0.454)
      1(0454)
      1 (0454)
      1 (0.454)
      1(0454)
      10(4.54)
      10 (4.54)
     5.000 (2770)
     5.000 (2770)
      1.000 (454)
      100 (45.4)
      1 (0.454)
      1 (0.454)
      1 (0.454)
     5.000 (2770)
      1.000(454)
      10 (4.54)
     5.000 (2.270)
      10 (4.54)
      10 (4.54)
      10 (4.54)
      1 (0 454)
      1 (0 454)
      10(454)
      1 (0.454)
      10(454)
      1.000 (454)
      10(4.54)
      10(454)
      100 (45.4)
      10 (4.54)
      100 (45.4)
      10 (4.54)
      1 (0 454)
      10 (4.54)
      100(454)
      10 (4.54)
      1.000(454)
      1 (0454)
      1.000 (454)
      1 (0454)
      1.000 (454)
      1.000 (454)
      1.000 (454)
      1.000 (454)
      1.000(454)
      10 (4.54)
      1.000(454)
      100(454)
      100(454)
      1 (0.454)
      10(454)
      100(454)

-------
           Federal Register / Vol. 52. No. 50 / Monday. March 16. 1987 /  Proposed Rules
8169
TABLE 117.3u-flEPORTABLE QUANTITIES OF HAZARDOUS SUBSTANCES—
                          Continued
Material
Cupnc oxalate 	 ::.. ..
Cupnc suifate 	 	
Cupnc suifate ammomated 	
Cupnc tanrate 	
Cyclohexane 	 _ 	 _"
2.4-0 Acid 	
2.4-D Esters 	 Z."...T""
DDT 	 ".
Diazmon 	
Dcamba 	 _ 	 _
Dichlobenl 	
Dchlona 	
Dichloropfooane ._ 	 . ,.,..„


BcMoroprepene-OicWocvopanaMoftjre
2.2-achloroerep.jihe and 	 	
Dtcrrtorvos 	
Dnttrin 	 	
Dathytanune 	 . .
Dimetnytamne 	 __
Dintoobenzene-. 	 _ 	
Dinrtrophenol 	 	
Dimtrotohnne.. 	
Diguat__ 	 _„ . 	

Diuron 	 	 	

EndoauNan 	
Endnn — 	 	 ___
Eptthlorohyi>ifi „..„.__.
Ethwn 	
Ethylbenzene .. 	
Ettiytenedhunne 	 	 .
Lmyiene amrarnuu 	
Ethvtene dfchlonte 	 „
EDTA. 	
Feme ammonium atnttm — „ 	 _ 	 _
Feme ammonium oxalate 	 .....
Feme chloride 	 — , 	 _ m
Feme fluonda 	 	
Fluvum jit.-...
emc nitrate 	 	 	 i
FemcauHate 	 , 	
Ferrous ammonium -UH«_»
Ferraua ehlomte 	 	
Ferraua aurfate.. 	 	
Formaldahyda 	 „ . ._
Formic tati 	 „.. 	 __
Fumane aad 	 	
Furfural 	
Gumnn
Heotechlor 	
Hydmehlaiie ««tf 	
Hyrfmflunm* -nrf
(soprano 	 	
laopropanolamne
KatttuuM 	 .,,

\juuimcftmt* 	 	 	

Laadcnlark_i 	 „ ,

Le-_1 fluamte ......

Category

A
B
B
A
C
B
X


X
B
r

B
B

X
B
C
B
A


x


x




D
X

c


B
C
C
' B






X
A
B
A

C



x



B
RO in pounds (kdograms)

100 (454)
10 (4.54)
100 (45.4)
100 (45.4)
10 (4.54)
1.000(454)
100 (45.4)
1UU (49 4)
1 (0.454)
1 (0.454)
1,000 (454)
1UU (45.4)
1 (0.454)
100 (45.4)
.WUW (494)
100 (45.4)
100 (45.4)
5.000 (_^270)
ID (4.94)
1 (04S4I
100 (45.4)
1 MB f4K_k
100(45.4)
1O f_flC A\

10 (4.54)
1.000 (454)
(O.494)
100 (45.4)
1.000 (454)
(O.494/
(0.454)
KM f-tK A\

10 (4^4)
1,000(454)
6,000(2.270)
1(0.454)
1UU |4Ou^|
5.000(2^70)
l.UUU |494|
1.000 (454)
.wuw (454)
100 (45.4)
1.000 (454)
1.000(454)
1WJ (4d.4|
.UUU |4O4|

5.000 (2.270)
5.000 (2£70)
5.000 (Z^TQ)
1 (0.454)
1 (0.454)
10 (4.54)
5,000 (2270)
100 (46.4)
10 (4.54)
100 (45.4)
100 (45.4)
1.000 (454)

10 (4.54)
1 (0.454)
10 (4.54)

IUU (4O.4)
100 (45.4)
1OO/_Aft_t\

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8170       _jejgaJ_ggi«tBr / Vol 52. No. 50 / Monday. March 16. 1987 / Proposed Rules

  TABLE 117.3—REPORTABLE QUANTITIES OF HAZARDOUS SUBSTANCES—
                           Continued
Material
Lead nitrate 	
Lead stearate..
Lead sultate 	
Lead sulfide 	
Lead ttiiocyanate 	
Lmdane 	
Lithium chromate...
Maiathion 	
Maleic acid 	
Maleic anhydride 	
Mercaptodimethur 	
Mercunc cyanide . 	
Mercunc nitrate 	
Mercunc sultate 	
Mercunc ttiiocyanate 	
Mercurous nitrate ..... 	
Methoxychkx 	
Methyl mercaptan 	
Methyl methacrylate 	
Methyl parathion 	
Mevinphos 	
Mexacarbate 	
Monomethylamine 	 	
Naled 	
Naphthalene 	 _ 	
Naphthenic aod 	 ......"..
Nickel ammonium sultate 	 _ ..
Nickel chloride 	
Nickel hydroxide 	
Nickol nttrsto ••••••••••••••••••.••..••......,,........„....„,.
Nickel suifate 	
Nitncaod 	 	 	
Nitrobenzene 	 _ 	
Nitrogen dioxide 	
Nitrophenol 	
Nitrotoluene 	
Para formaldehyde
Parathion 	
Pentachlorophenol 	
Phenol 	
Phosgene 	
Phosphoric acid 	 	
Phosphorus 	 ................„.....„..__.„....
Phosphorus oxychlonde 	

Phosphorus tnchtonde 	 	 	 	
Poiychlonnated biphenyls 	
Potassium arsenate 	 . 	 . 	
Potassium arsenrte 	 	
Potassium bichromate

Potassium cyanide 	 _-»„_„...........
Potassium hyd»o"
-------
               Federal Register / Vol. 52. No. 50 / Monday. March IS. 1987 / Proposed Rules
8171
   TABLE 117.3-REPORTABLE QUANTITIES OF HAZARDOUS SUBSTANCES-
                             Contlnued
Material
Sodium bisulfite .
Sodium chromate 	
Sodium cyanide 	
Sodium dodecylbenzenesulfonate 	
Sodium fluoride 	
Sodium hydrosulfide 	
Sodium hydroxide 	 	
Sodium hypochlonte 	
Sodium methylate 	 	 _ 	
Sodium nitnte ... 	 ,, 	 ,,,-
Sodium phosphate dibasic

Sodium sotenita 	
StrontRjm chromata 	 ,„,..„.„ - 	
Strychi M *.„.._._.„_„„_.„„„„„„„
Styrena 	 ._
Sulfurtcaod 	
SuHur monoehlonda „ . 	 , 	 u
2.4.5-T acid 	 .. 	
2.4.5-T wittm 	
2.4.5-T attMf .
2.4.5-T MM*.. 	 ,.
TOE. _ 	 -
2 4 S.TP ~*4
^.S-TPaeMMta.
TataMty H*tf , , ,

TohMM 	
YjkMA^^d^KA.
Tosapnan* ,„.. 	 __._._.„, ,
T,g(^li,,-j- ,
TrtcNonattiylan* 	
1 IMJHIHIIfVMnrtl
Tf^^4t^MM*l*^^^BA
i iwmanoiamne
TnathytamkM ., „
TlfcB^MftikjIgk^^^dk

Umytnilmte

Vanadyl «*»«. 	

VnyhdOM eMqntft 	 	 _
Xytan.
XytaMl
Zmeaeet«t> 	 	

ZnchOMlB 	 	 BI



^•""'y'^tft 	
Ztaeflunfiri.
Tine tetiMte 	 	 _,



ZnephcnplMte.

TineMrffntv


rmonhim o4Ma 	


Category
D
X
A
C
c
D
C
g
C
B

B
X
A

C
c

o

c


B
A
A

x

B
A
C




c

B


c
c
c

c













o

RQ m pounds (kilograms)-
s onn 19 97m
1 (0.454)
in M £4*
1.000(454)
1 OOO 1444)
e ngn / j 9701
1.000(454)
1 ftft MC A\
1.000(454)
100 (45.4)
5.000 (2.270)
5.000 (2.270)
I/ft jt^rflt
|U.494|
in IA *A\
lU (4.94|
.UUU (494|
1.000(454)
1 nnn MAA\
1 ftflA /AftjM
s ono t9 9?m

.OOO (454)
i non M^4i%

IW.4O4)
1UU |49.4|
1OA IAH A\
10 (4^4)
10 (4.54)
lUw (4O.4)
l.UUU (454J
I/ftjtftjt^
tftft /jtJKjtt
lUU |4&4)
100 (4M)
10 (4^4)
1.000(454)
5,090 (2,270)
1UU |4O.4|
1ftft l4tftjt%


*WW (494)
Inmt i^ft^n
C ftAA /9 9TM
9tWW VCv*f Wf
1ftfi IjtJdM

i,UUU (4O4)
1,WW (494)
1AAA l^tCAl
1 AM lAJCtfU
1 Oftft IA*A\
1 AAA idtft^M
1 nOA tAMA\

i.UWI (494)
10 (4.54)
IrOUU (494)
1.000 (494)
1.000 (454)
iiUUW |49*|
5,000(2^70)
i W (49.4)
5.000 (2f270)
1.000 (454)
1 nnn /jnj%



(FR Doc 87-344 Filed 3-13-ftT: 8:45 aa)

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  8172
Federal Register /  Vol. 52.  No. 50  / Monday. March 16. 1987  /  Proposed Rules
  40 CFH Part 302

  (FR-3122-7]

  Reportable Quantity Adjuetment-
  Radlonuclldes

  AGENCY: U.S. Environmental Protection
  Agency (EPA).
  ACTION: Proposed njle.

  SUMMARY: Sections 103(a) and I03(b) of
  the Comprehensive Environmental
  Response. Compensation, and Liability
  Act of 1980 (CERCLA). as amended.
  require that persons in charge of vessels
  or facilities from which a hazardous
  substance has been released in
  quantities equal to or greater than its
  reportable quantity (RQJ immediately
  notify the National Response Center of
  the release. Section 102(b) of CERCLA
 establishes RQs for releases of
 designated hazardous substances at one
 pound, except those for which RQs have
 been established pursuant to section
 311(b)(4) of the Clean Water Act (CWA).
   Section 102(a) authorizes the
 Administrator of the U.S. Environmental
 Protection Agency (EPA) to adjust RQs
 for hazardous substances and to
 designate  as hazardous substances
 those substances which, when released
 into the environment may present
 substantial danger to the public health
 or welfare or the environment. The RQ
 for radionuclides established by
 CERCLA is one pound and has not been
 adjusted by regulation. EPA recognizes
 that thisRQ may not be appropriate
 because releases of much less than one
 pound of radionuclides may present  a
 substantial threat to public health  or
 welfare or the environment. This
 proposed rule adjusts the RQ for
 radionuclides established under section
 102(b). This RQ adjustment is intended
 to allow EPA  to focus its resources on
 the most serious  releases and to protect
 public health and welfare and the
 environment more effectively.
 DATES: Comments must be received on
 or before May IS. 1987.
 ADDRESSES: The  toll-free telephone
 number of the National Response Center
 is 1-800/424-8802: in the Washington.
 DC metropolitan  area the number is 1-
 202/426-2675.
  Comments: Comments should be
 submitted in triplicate to: Emergency
 Response Division. Docket Clerk.
 Attention: Docket Number 102RQ-RN.
 Room LG-100. U.S.  Environmental
 Protection  Agency.  401 M Street. SW.
 Washington. DC 20460.
  Docket: Copies of materials relevant
 to this rulemaking are kept in Room LG-
100 at the above address. The docket is
available for inspection between 9:00
                        a.m. and 4:30 p.m. Monday through
                        Friday, excluding federal holidays. As
                        provided in 40 CFR Pan 2. a reasonable
                        fee may be charged for copying services.
                        FOR FURTHER INFORMATION CONTACT:
                        Ms. Barbara Hostage. Project Officer
                          Response Standards and Criteria
                          Branch. Emergency Response Division
                          (WH-548B) U.S. Environmental
                          Protection Agency. 401 M Street SW.
                          Washington. DC 20480
                              or the
                        RCRA/Superfund Hotline. 1-800/424-
                          9346; in Washington. DC. 1-202/382-
                          3000.
                        SUmCMCNTARY INFORMATION: The
                        contents of today's preamble are listed
                        in the following outline:
                        I. Introduction.
                         A. Statutory Authority.
                         B. Background of this Rulemaking.
                        0. Releases Covered by this Notice.
                         A. Hazardous Substances Subject to this
                           Notice.
                         B. Definition of Releases Subject to this
                           Notice and Statutory Exemption*.
                        III. Duplicate Reporting/Regulatory
                           Consistency.
                        IV. Reportable Quantity Adjustments for
                           Radionuclides.
                         A. Introduction and Previous RQ
                           Adjustment Methodology.
                         B. Options Considered and Radionucllde
                           RQ Methodology.
                         C Alternative Approaches.
                         D. Reporting Requirements for Mixtures of
                           Radioimclides.
                         E. Other Issues.
                       V. Summary of Supporting Analyse*.

                       L Introduction

                       A. Statutory Authority

                         The Comprehensive Environmental
                       Response. Compensation, and Liability
                       Act of 1980 (Pub. L 96-510). 42 U.S.C.
                       9601 et seq. (Soperfund. CERCLA, or  the
                       Act), as amended  by the Superfund
                       Amendments and  Reauthorization Act
                       of 1986 (Pub. L 99-499) (SARA).
                       establishes broad  federal authority to
                       respond to releases or threats of
                       releases of hazardous substances from
                       vessels and facilities. Section 101(14) of
                       the Act defines the term "hazardous
                       substances" by reference to other
                       environmental statutes. Section 102 of
                       CERCLA gives the Environmental
                       Protection Agency (EPA) authority to
                       designate additional hazardous
                       substances. Currently, there are 717
                       CERCLA hazardous substances.
                         Section 103 of the Act requires the
                       person in charge Of a vessel or facility '
  to notify the National Response Center
  immediately when there is a release of a
  hazardous substance in an amount
  equal to or greater than the reportable
  quantity (RQ) for that substance.2
  Section I02(b) of CERCLA establishes
  RQs for releases of hazardous
  substances at one pound, except for
  those substances for which RQs were
 established pursuant to section 311 of
 the Clean Water Act (CWA). Section
 102(a) of CERCLA authorizes EPA to
 adjust all of these RQs by regulation.
   A major purpose of the section 103 (a]
 and (b) notification requirement is to
 alert the appropriate government
 officials to releases of hazardous
 substances that may require a federal
 response to protect public health and
 welfare and the environment. Under
 section 104 of the Act the federal
 government may respond whenever
 there is a release or a substantial threat
 of a release of a hazardous substance
 into the environment. Response
 activities are to be taken, to the extent
 practicable, tn accordance with the
 National Contingency Plan (NCP) (40
 CFR Part 300). which was developed
 originally under the CWA and which
 has been revised to reflect the
 responsibilities and authority created by
 CERCLA.* EPA emphasizes that a
 hazardous substance release
 notification is merely a trigger for
 informing the government of a release so
 that the appropriate federal personnel
 can evaluate the need for a federal
 removal or remedial action and
 undertake any necessary action in a
 timely fashion. Federal personnel will
 evaluate all reported releases, but will
 not necessarily initiate a removal or
 remedial action in response to all
 reported releases, because the release of
 an RQ will not necessanly pose  a
 hazard to public  health or welfare or the
 environment in all circumstances.
 Government personnel will assess each
 reported release on a case-by-case basis
 to determine the  appropriate action. In
                        1 For Ihii proposed rule on radlonuclidn. II it
                      important 10 contlder the CERCLA definition of
                      "facility" in icetion 101(9). A number of consumer
                      producti such at walchei and imoka detectore may
                      contain (and at eome point rcleara) radionuclides.
The CERCLA definition of "facility" ipecifinlly
excludes any columnar product in consumer use
thut any release of radionucudaa from aucb
producti when in contumer uia are not lulnect to
the notification requirement! (lurnieeii in iJua
propotad rule.
  ' A release Into the environment of a tubtlaace
which it not luted at a CERCLA haiardoui
lubitance but which rapidly form* a CERCLA
hazardous lubitance upon release h) iub|ect to the
notification requirements of section 1O3 ffrhe
amount of the »«••—«i—r eubsianca formed as such
a reaction product equals or neeadi the RQ for thai
lubitance. the release must be reported to the
National Response Center.
  • The NCP is being revised presently to ensure
that reiponeee to-releasea of radlonudidei else wilt
be undertaken continent with the Federal
Radiological Emergency Response  Men (FRERP)

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                 Federal Register / Vol. 52. No.  50 / Monday.  March 16.  1987 / Proposed Rules
                                                                       8173
 certain limited situations, when direct
 reporting to the National Response
 Center is not practicable, the person in
 charge may report to the nearest Coast
 Guard- or EPA-predesignated On-Scene
 Coordinator (OSC). If it is not possible
 to notify the National Response Center
 or predesignated OSC immediately.
 reports may be made immediately to the
 nearest Coast Guard unit, provided that
 the person m charge notifies the
 National Response Center as soon as
 possible (40 CFR § 300.83(b) and 33 CFR
 § 153.203)
   Section I03(b) of CERCLA authorizes
 penalties, including criminal sanctions.
 for persons  in charge of vessels or
 facilities who  fail to report releases of
 hazardous substances which equal or
 exceed RQs. Section 109 of SARA
 amends section 103(b) of CERCLA.
 increasing the maximum penalties and
 years of imprisonment. Any person who.
 as soon as that person has knowledge of
 a  reportable release, fails to report the
 release immediately pursuant to section
 103(b) or who submits any information
 which he knows to be false'or
 misleading,  shall, upon conviction, be
 fined in accordance with the applicable
 provisions of Title la United States
 Code (not more than $250.000 or
 $500.000. depending upon whether the
 violator is an individual or an
 organization), or imprisoned for not
 more than three years (or not more than
 five years for second and subsequent
 convictions), or both. Notifications
 received under section 103(b) or
 information  obtained by exploitation of
 such notifications cannot be used
 against any reporting person in any
 criminal case, except a prosecution for
 perjury or for giving a false statement
 Section 108 of SARA also provides for a
 system of administrative penalties for
 violations of CERCLA section 103(b).
 enforceable  through civil proceedings.

 B  Background of this Rulemaking
   On May 25.1983. EPA proposed a rale
 (48 FR 23552) to clarify procedures for
 reporting release* and to adjust RQs for
 387 of the then 696 CERCLA hazardous
 substances. That Notice of Proposed
 Rulemaking  (NPRM>also listed, for the
 first time, the "hazardous substances"
 designated by section 101(14) of
 CERCLA. The NPRM discussed in detail
 the CERCLA notification provisions
 including the persons required to notify
 the National Response Center of a
 release, the substances for which
 notification is required, the types of
 releases subject to the notification
 requirements, the exemptions from these
notification requirements, the
methodology and criteria used to adjust
the RQ levels, and the adjustments
 proposed under section 102 of CERCLA
 and under section 311 of the CWA.
 These issues were discussed further in
 the preamble to a rule making final 340
 of the 387 proposed RQs, published on
 April 4.1985 (50 FR  13458). They will be
 discussed again in this preamble only to
 the extent that EPA needs to provide
 additional explanation of these issues  in
 the specific context  of adjusting RQs for
 releases of radionuclides.
   It should be noted that other
 provisions of CERCLA may apply even
 where the statute does not  require
 notification. Therefore, nothing in this
 rulemakmg should be interpreted as
 reflecting Agency policy or the
 applicable law with respect to other
 provisions of the Act. For example.
 unless specifically exempted under
 CERLCA. a party responsible fora
 release is liable for the costs of cleaning
 up that release and for any natural
 resource damages caused by the release.
 even if the release is not subject to the
 notification requirements of sections 103
 (a) and (b). Similarly, proper reporting  of
 a release in accordance with sections
 103 (a) and (b) does not preclude
 liability for cleanup costs. The fact that
 a release of a hazardous substance is
 properly reported or that it  is not subject
 to the notification requirements of
 sections 103 (a) and (b) will not prevent
 EPA or other governmental agencies
 from taking response actions under
 section 104. seeking reimbursement from
 responsible parties under section 107. or
 pursuing an enforcement action against
 responsible parties under section 106.
 Note also that this proposed rule does
not affect hazardous substance reporting
 requirements imposed by other
regulations and statutes.
ILReli
                 isi oy This Nouos
A. Hazardous Substances Subject to this
Notice
  Congress incorporated six lists of
substances, identified primarily under
other environmental statutes, in the'
definition of hazardous substances
under section 101(14) of CERCLA. These
lists are:
(1) Substances designated pursuant to
  section 311 of the Clean Water Act
  (CWA):
(2) Hazardous wastes under section 3001
  of the Solid Waste Disposal Act
  (commonly known as the Resource
  Conservation and Recovery Act or
  "RCRA"L but »*<*»M«H wastes die
  regulation of which has been
  suspended by Congress;
(3) Toxic pollutants listed under CWA
  section 307(a):
(4) Hazardous air pollutants listed under
  section 112 of the Clean Air Act
 (5) Imminently hazardous chemicals or
   mixtures for which EPA has taken
   action under section 7 of the Toxic
   Substances Control Act: and
 (8) Substances designated pursuant to
   section 102 of CERCLA.

   Radionuclides. the subject of this
 proposed rule, are considered hazardous
 substances under CERCLA because they
 were designated genencally as
 hazardous air pollutants pursuant to
 section 112 of the Clean Air Act. Even
 though the source of their listing is the
 Clean Air Act releases of radionuclides
 to all media are covered under section
 103 of CERCLA and the provisions of
 this rule.
  A radionuclide is a particular form
 (isotope) of an element which is
 unstable. To achieve a more stable
 configuration, the nucleus releases
 energy in the form of particles or
 electromagnetic radiation by a process
 of decay called radioactivity. Each
 radionuclide decays at a different rate
 and. as a result a pound of each of two
 different radionudidm could represent
 significantly different levels of
 radioactivity. The principal health
 concern associated with a radionuclide
 release is carcuiogenicity. There are
 approximately 1400 different
 radionuclides and. because they are
 listed genencally as a hazardous air
 pollutant under the Clean Air Act all
 1.800 are considered CERCLA
 hazardous substances. Until adjusted by
 EPA under section 102(a) of CERCLA.
 all radionuclides have a statutory RQ of
 one pound.
  Uranyl acetate and uranyl nitrate.
 which are specifically listed as CERCLA
 hazardous substances because they are
 included under section 311 of the Clean
 Water Act have a final adjusted RQ of
 100 pounds based on their chemical
 toxiciry (51 FR 34534. September 29.
 1986). These compounds are composed
 of approximately 66 percent uranium.
 most generally uranium-238. Because 100
 pounds of uranium-238 is approximately
 0.015 curie, a proposed RQ baaed on
 radiological hazard could be higher than
 the final adjusted RQ based on chemical
 toxicity. Therefore, the final adjusted
 RQ for uranyl acetate and uranyl nitrate
 will remain 100 pounds if the RQ based
 on radiological hazard is greater than
0.015 curie.
                                      B.Definitio»of&
                            X to this
                                      Notice and Statutory Exemptions

                                        Congress defined the term "release"
                                      to include within its scope virtually all
                                      ways that substances may enter the
                                      environment

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  8174
Federal Register  / Vol. 52. No.  50 / Monday.  March 16. 1987  /  Proposed Rules
    "release" means any spilling, leaking.
  pumping, pouring, emitting, emptying.
  discharging, injecting, escaping.
  leaching, dumping, or disposing into the
  environment (including the
  abandonment or discarding of barrels.
  containers, and other closed receptacles
  containing any hazardous substance or
  pollutant or contaminant) (section
  101(22) as amended by section 101(c) of
  SARA).
    Four types of releases are specifically
  excluded from the definition of release
  in CERCLA section 101(22) and thus do.
  not need to be reported under section
  103:
  (1) Releases which result in exposures to
   persons solely within a workplace for
   which claims against the employer or
   other persons are available;
  (2) Emissions from engine exhaust from
   a motor vehicle, rolling stock, aircraft
   vessel or pipeline pumping station
   engines:
 (3) Releases of source, byproduct or
   special nuclear material * from a
   nuclear incident subject to
   requirements of the Nuclear
   Regulatory Commission for financial
   protection under section 170 of the
   Atomic Energy Act: • and
 (4) The normal applications of fertilizers.
   Radionuclide releases may be
 excluded from reporting requirements
 because they fall under any of these four
 provisions. For example,  exposure of
 persons to radionuclide releases solely
 within a workplace and radionuclide
 releases resulting from the normal
 application of fertilizer containing
 radionuclides are both possible. The
 exclusion for radionuclides most likely
 to be of greatest importance, however, is
 for releases of source, byproduct or
 special nuclear material from a nuclear
 incident Nuclear reactors are the
 primary type of facility subject to the
  4 Source material It defined •• (1) natural
uranium, thonum. or any combination thereof or (2)
oret which contain 0.05 percent (by weight) of
uranium or thonum (Mction M(t| of the Atomic
Energy Act and Nuclear Regulatory Commiaatoa
regulation! In 10 CFR Put 40). Byproduct malarial it
(1) any material made redioacthre by mpoaure to
radiation in the process of producing or using
special nuclear material or (2) the wutea produced
by the extraction or concentration of uranium or
ihonum from ore (aectlon life) of the Atomic
Energy Act). Special nuclear material to defined aa
Plutonium, or uranium enriched IB the U-23S or U-
233 isotope (Atomic Energy Act section ll(aa)). All
of these materials an licensed by the Nuclear
Regulatory Commission and It* Agreement Slates.
  » A release of source, byproduct or special
nuclear material from a processing site designated
under sectioi.s 102(a|(l) or 302(a) of the Uranium
Mill Tailings Radiation Control Act of IB7B to not •
••release" for purpoM* of response actions under
CERCLA. but is subiect to the notification
requirements of sections 109 (a) and (b) (see section
101(22)) and liability under section 107.
                        referenced section 170 of the Atomic
                        Energy Act. Section 170 essentially
                        requires certain licensees, as a condition
                        of receiving a license, to have and
                        maintain certain financial protection to
                        cover public liability claims.
                          In addition, there are three types of
                        statutory exemptions from the
                        notification requirements for releases of
                        hazardous substances:
                        (1) Federally permitted releases as
                          denned in section 101(10). (section
                          103(a)J;
                        (2) Application of pesticide products
                          registered under the Federal
                          Insecticide, Fungicide, and
                          Rodenticide Act (FIFRA). (section
                          103(e)): and
                        (3) Certain releases of hazardous wastes
                          which are required to be reported  (or
                          specifically exempted from a
                          requirement for reporting) under the
                          provisions of RCRA and which are
                          reported to the National Response
                          Center (section 103(f)(l)).
                          While radionuclides conceivably
                        could be present in low levels in some
                        pesticides, the pesticide exemption is
                        not significant for radionuclides. RCRA
                        includes under its jurisdiction hazardous
                        wastes containing naturally occurring
                        and accelerator-produced radioactive
                        material (NARM). and therefore. NARM
                        releases reported under RCRA an
                        exempt from CERCLA's reporting
                        requirements. However, because RCRA
                        does not cover source, byproduct and
                        special nuclear materials other than in
                        mixtures with other hazardous wastes.
                        and does not cover NARM releases
                        other than in wastes, the RCRA
                        reporting exemption does not apply to
                        releases of these materials.
                         The federally permitted release
                        exemption is based on a lengthy
                        statutory definition of "federally
                        permitted release" in section 101(10)  of
                        the Act that includes a reference to
                        radioactive material:
                        (10) "federally permitted release"
                        mean* . . . (K) any release of source, special
                        nuclear, or byproduct material at those
                        terms are defined in the Atomic Energy Act
                       of IBM. In compliance with • legally
                        enforceable license, permit regulation, or
                       order issued pursuant to the Atomic Energy
                       Act of 1954.
                         EPA plans to clarify the provisions of
                       CERCLA section 101(10) in a future
                       rulemaking. The  preamble to that
                       regulation will contain some general
                       discussion of the federally permitted
                       release exemption, including the
                       provision referenced above, and a
                       response to comments received on the
                       May 25.1083 NPRM (48 FR 23552) which
                       first discussed the federally permitted
                       release exemptions. The following
 discussion is a more detailed
 explanation of the federally permitted
 release exemption as it applies to
 radionuclides.
   The Nuclear Regulatory Commission
 is responsible for many activities undei
 the Atomic Energy Act. Licenses and
 permits may be issued by the Nuclear
 Regulatory Commission or by states to
 whom the authority to regulate
 radiation-related activities has been
 relinquished under an agreement with
 the Nuclear Regulatory Commission (i.e..
 Agreement States). Releases in
 compliance with licenses and permits
 issued by Agreement States under an
 agreement with the Nuclear Regulatory
 Commission are federally permitted
 releases. These licensing and permitting
 activities generally cover production.
 transfer, receipt, acquisition, use.
 delivery, and ownership by any person
 of source, special nuclear, or byproduct
 material They include activities
 regulated in conformanee with
 Environmental Radiation Protection
 Standards for Nuclear Powered
 Operations (40 CFR Part 190) and
 Environmental Standards for Uranium
 and Thorium Mill Tailings (40 CFR Part
 192] issued by EPA under the Atomic
 Energy Act Facilities typically handling
 source materials include uranium mills
 and uranium processing facilities.
 Byproduct materials are used at a wide
 variety of facilities including
 radiopharmaceutical manufacturers.
 hospitals and clinics, sealed source
 manufacturers, and laboratories. Special
 nuclear material is primarily used as
 fuel for nuclear reactors and in the
 production of nuclear weapons.
   Regulations issued by the Nuclear
 Regulatory Commission specifically
 exempt certain facilities from the
 Commission's licensing, permitting, and
 regulatory requirements. Generally,
 these include facilities operated under
 Nuclear Regulatory Commission
 contracts; transport carriers of source.
 byproduct or special nuclear material:
 those using "unimportant quantities" of
 source material: and certain production
 and utilization facilities operated by or
 for the Department of Defense (see 10
 CFR Parts 30.40.50 and 70). Because of
 their specific exemption from licensing.
 permitting, and regulatory requirements
 of the Commission, the Agency does not
 consider releases of radionuclides from
 these facilities to be "federally
 permitted." Therefore, such releases
 would not fall under the reporting
 exemption defined in section 101(10) of
 CERCLA.
  Administration of the Atomic  Energy
Act does not reside solely with the
Nuclear Regulatory Commission. To the

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                 Federal Register  /  Vol.  52. No.  50 / Monday.  March 16. 1987  /  Prooosed Rules
  extent releases from sources are in
  accordance with licenses, permits.
  orders, or regulations iuued under the
  Atomic Energy Act through provisions
  not administered by the Commission.
  they also would be considered federally
  permitted releases. This would include
  orders issued under the Department of
  Energy's Atomic Energy Act authority.
    Other aspects of the federally
  permitted release exemption also could
  apply in the case of radionuclides. The
  exemption generally covers discharges
  and emissions in compliance with
  permits and control regulations under
  various environmental statutes.
  Radionuclides are. for example.
  regulated by EPA as a hazardous air
  pollutant under section 112 of the Clean
  Air Act. Any radionuclide release
  subject to a specific emission limitation
  or control regulation established under
  that section would be exempt as
  federally permitted, if the release were
  in compliance with the applicable Clean
  Air Act limit. If the release, however.
  exceeded the permitted level by an RQ
 or more, the release would be subject to
 the CERCLA reporting requirements.
 This issue will be clarified further in the
 separate rulemaking for the federally
 permitted release reporting exemption.
   In addition to the statutory
 exemptions from the RQ notification
 requirements for releases of hazardous
 substances, section 103(f)(2) of the Act
 provides a reduced reporting
 requirement for releases that  are
 "continuous" and "stable in quantity
 and rate." Such releases only need to be
 reported annually or when there is a
 statistically significant increase in the
 quantity of the hazardous substance
 released. Therefore, releases of
 radionuclides that are "continuous" and
 "stable in quantity and rate" may
 qualify for this reduced reporting
 requirement. The Agency plans to
 clarify the language and the notification
 requirements for continuous releases in
 a future rulemaking.
  In summary, release* of radionuclides
 that do not fall within one of the four
 specifically-listed exclusions under
 CERCLA section 101(22) and do not fall
 under one of the three statutory
 exemptions under CERCLA section 103.
 would be subject to this Notice of
 Proposed Rulemaking.

 (II. Duplicate Reporang/Regulatefy
 Consistency
  Several federal agencies have existing
 requirements to report radionuclide
 releases, including the Nuclear
Regulatory Commission and the
Departments of Transportation and
Energy. EPA may also require  reporting
  under the Toxic Substances Control Act
  (TSCA). The relevant reporting
  requirements of each agency are briefly
  summarized in this section.
    The Nuclear Regulatory Commission
  controls the handling of source.
  byproduct, and special nuclear materials
  through an extensive licensing and
  regulatory program. This program
  includes several different requirements
  for responsible parties to report releases
  of radionuclides immediately in certain
  cases of material loss or where a release
  may have caused or threatens to cause
  certain dose or intake levels to
  individuals (see 10 CFR Parts 20. 30.40,
  and 70). In addition to these
  requirements, the Commission has
  several other requirements to report
  within a specified time after a release.
  but not immediately (e.g.. within 24
  hours or within 30 days for releases
  involving potential for lower levels of
 exposure and lower radioactive
 concentrations).
   The Department of Transportation
 (DOT) is responsible for regulating
 safety in the transportation of all
 hazardous materials. Accordingly.  DOT
 has promulgated the Hazardous
 Materials Regulations (49 CFR Parts
 171-177) to govern the transportation of
 hazardous materials, including
 radioactive materials, and the reporting
 of releases associated with transport
 Reporting is required for each incident
 occurring during the course of
 transportation, including death, injury.
 property damage exceeding $50.000, or
 spillage or suspected contamination.
 DOT defines radioactive material as any
 material having a specific activity
 greater than 0.002 microcuries per gram.
 According to a Memorandum of
 Understanding (44 FR 38890. July 2.1979)
 between DOT and the Nuclear
 Regulatory Commission. DOT will
 promptly notify the Commission of any
 accidents, incidents, and instances  of
 actual or suspected leakage involving
 radioactive material packages if such an
 event occurs in transit DOT also has the
 responsibility of encouraging the non-
 Agreement States to impose incident
 reporting requirements for radioactive
 matenals on shippers and receivers
 subject to the states' jurisdiction.
  The Department of Energy (DOE)
 plays two entirely different roles in  the
 area of radionuclide releases. In the first
 role, there are many established
 requirements for DOE or its contractors
 and other members of the regulated
community to report radionuclide
releases immediately, generally to a
DOE regional operation office, which
may in rum report the release to DOE
Headquarters. Many of these
  requirements are self-imposed and are
  spelled out in several different internal
  orders written under the authority of the
  Atomic Energy Act. Their purposes
  include environmental protection.
  safety, and health protection. In its
  second role. DOE. through the Federal
  Radiological Monitoring and
  Assessment Plan, provides expertise.
  guidance, and assistance in response to
  radiological hazards created by others.
  DOE is generally exempt from licensing
  by the Nuclear Regulatory Commission
  through the Atomic Energy Act. and is
  thus exempt from the Commission's
  reporting requirements discussed above.
  However, as a matter of policy. DOE
  requires reporting to external
  organizations to keep them apprised of
  important events at DOE facilities.
   Section 8(e) of the Toxic Substances
  Control Act (TSCA) also may require
 reporting where CERCLA does not.
 Pursuant to « Statement of
 Interpretation published March 16,1978
 (43 FR 11110). all emergency incidents of
 environmental contamination that
 present a "substantial risk of injury to
 health or the environment" must be
 reported to EPA under TSCA section
 8{e). Section 8(e) could require
 notification even where no CERCLA
 hazardous substances or RQs have been
 released. Persons subject to the
 notification requirement include both
 natural persons and business entities
 engaged in the manufacturing.
 processing, or commercial distribution
 of chemical substances or mixtures. No
 notification is required if the
 manufacturer, processor, or distributor
 knows that EPA has been informed of
 the nsk presented by the incident For
 radionuclide releases subject to
 CERCLA. a single notification to the
 National Response Center will satisfy
 both CERCLA and TSCA section 8(e)
 reporting requirements: the Agency will
 ensure that section 8(e) reports are
 passed to the proper authorities.
  CERCLA reporting requirements
 remain applicable and mandatory
 despite occasional overlap with the
 reporting requirements noted above
 under other statutes and authorities. At
 most, the duplication that exists may
 require that more than one telephone
 call concerning a release be made by the
 releaser and recorded by government
 agencies. The releaser's responsibility to
notify other federal agencies Is not
affected by this proposed rule. EPA will
be continuing it» efforts to coordinate its
regulation of radionuclides and
cooperate with other federal agencies.

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 IV. Reputable Quantity Adjustments for
 Radionudides

 A. Introduction and Previous RQ
 Adjustment Methodology

   The primary purpose of the CERCLA
 notification requirements is to ensure
 that releasers notify the government so
 that the need for a federal response can
 be evaluated and any necessary
 response undertaken in a timely fashion.
   With this purpose in mind. EPA has to
 date promulgated two final rules.
 adjusting a total of 442 of the statutory
 RQs for CERCLA hazardous substances
 (50 FR13456. April 4.1985: 51 FR 34534.
 September 29.1986). All of these RQ
 adjustments are based on specific
 scientific and technical criteria that
 relate to the potential toxicological and
 chemical effects of a hazardous
 substance. The adjusted RQs do not
 reflect a determination that a release of
 a substance will be hazardous at the RQ
 level and not hazardous below that
 level. EPA has not attempted to make
 such a determination because the actual
 hazard will vary with the unique
 circumstances of the release, and
 extensive data and analysis would be
 necessary to determine the hazard
 presented by each substance in a
 number of possible circumstances.
 Instead, the RQs reflect the Agency's
 judgment of which releases should
 trigger mandatory notification to the
 federal government so that the
 government may assess to what extent
 if any. a federal removal or remedial
 action may be necessary.
  The RQ adjustments made to date
 have been designed to:
  (1) Protect public health and the
 environment more effectively.
  (2) Improve EPA's ability to
 concentrate its attention and resources
 on the releases that potentially are most
 threatening to public health or welfare
 or the environment* and
  (3) Reduce the burdens of reporting on
 the regulated community.
  The selected strategy used for
 adjusting RQs in previous nilemakings
 begins with an evaluation of the
 intrinsic physical, chemical, and
 toxicological properties of each
designated hazardous substance. The
 intrinsic properties examined—called
 "primary criteria"—are aquatic toxicity.
mammalian toxicity (oral, dermal and
 inhalation), ignitability. reactivity.
chronic toxicity. and potential
carcinogenic-ty. (For the purposes of this
rule, chronic toxicity is defined as
toxicity resulting from repeated or
continuous exposure to either a single
release or multiple releases of a
hazardous substance.)
   The Agency generally ranks each
 intrinsic property on a five-tier scale.
 associating a specified range of values
 on each scale with a particular RQ
 value. Thus, each substance receives
 several tentative RQ values based on its
 particular properties. The lowest of all
 of the tentative RQs becomes the
 "primary criteria RQ" for that
 substance.
   After the primary criteria RQs are
 assigned, substances are further
 evaluated for their susceptibility to
 certain degradative processes. These
 natural degradative processes are
 biodegradation, hydrolysis, and
 photolysis, or "BMP." If the analysis
 indicates  that a substance degrades
 relatively rapidly to a less harmful
 compound through one or more of these
 processes when it is released into the
 environment the primary criteria RQ is
 raised one level. The single RQ assigned
 to each substance on the basis of the
 primary criteria and BHP becomes the
 adjusted RQ for that substance.
  For purposes of RQ adjustments using
 the primary criteria noted above under
 CERCLA.  (other than potential
 carcinogenicity—see the separate NPRM
 published in today's Federal Register).
 EPA has adopted the five RQ levels of 1.
 10.100.1000.  and 5000 pounds originally
 established pursuant to CWA section
 311 (see 40 CFR Part 117). The Agency
 adopted the CWA five-level system
 primarily because (1) it has been used
 successfully pursuant to the CWA. (2)
 the regulated community is already
 familiar with these five levels, and (3) it
 distinguishes the broad range of
 potential harm posed by CERCLA
 hazardous substances.
  Even though EPA will continue to use
 this established five-level  system for
 most RQ adjustments, the Agency does
 not believe that it represents an
 appropriate approach for radionuclides
 in either the choice of levels or the unit
 of measurement (pounds). A one-pound
 RQ for radionuclides. the lowest
currently available, would not trigger
 timely reporting or response for releases
of many radionuclides. In many cases.
 releases of radionuclides that are
several orders of magnitude smaller
 than one pound can represent a health
and environmental threat that merits
reporting to the National Response
Center. A one-pound RQ also does not
conform to accepted units for radiation
protection. The commonly accepted
units for radiation protection are (1) rem
(or sieverts) which measure the amount
of biological damage resulting from
exposure to ionizing radiation, and (2)
curies (or becquerels) which measure
the rate of radioactive decay and thus
 the rate at which radiation is given off
 by a substance (activity level). Finally, a
 one-pound RQ level would differ
 significantly from reporting
 requirements for radionuclides under
 other regulations issued by EPA and
 other agencies. For these reasons. EPA
 is proposing a different approach for
 radionuclides (see discussion of the
 selected option in Section IV.B. of this
 preamble).
   Section 102(a) of CERCLA authorizes.
 and the legislative history encourages.
 the Administrator to set a single  RQ for
 any hazardous substance, regardless of
 the medium into which that substance is
 released. In order to develop simple and
 practical notification provisions,  the
 Agency has to date established a single
 RQ for each hazardous substance. If
 multiple RQs which vary in accordance
 with the environmental media into
 which the substance is released were
 established. It would be more difficult
 for the regulated community to comply
 with the reporting requirements.
 Because releases often occur into more
 than one medium, the releaser. under a
 multi-RQ format, would be uncertain
 which RQ would apply. EPA is
 proposing, therefore, to continue  the
 single-RQ approach for each
 radionuclide,

 B. Options Considered and
 Radionuclide RQ Methodology

  EPA formed an interagency work
 group consisting of representatives of
 the Nuclear Regulatory Commission, tl
 U.S. Coast Guard, the U.S. Departments
 of Energy and Transportation, and
 several offices within EPA to discuss
 issues and alternative approaches for
 adjusting the radionuclide RQ. The work
group evaluated a number of options
 before selecting the approach chosen in
 this proposal The following principal
options were rejected:

Option 1: Leaving the radionuclide RQ
at one pound

  The Agency considered establishing
an adjusted RQ for radionuclides equal
to the statutory RQ of one pound. As
discussed above in section IV.A.  of this
preamble, a one-pound RQ level would
allow numerous potentially significant
releases of many radionuclides to go
unreported. Many such releases well
below one pound could represent a
potential health and environmental
threat. In addition, a one-pound RQ does
not conform to commonly accepted units
or accepted levels for radiation
protection, and it would differ
significantly from reporting
requirements under other radionuclide
regulations issued  by EPA and other
agencies. Finally, one pound translates

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                Federal Register  /  Vol.  52. No. 50 / Monday. March 16. 1987 /  Proposed  Rules	8177
into a different amount of radioactivity.
and thus a different hazard level, fur
each radionuclide.

Option 2: Establishing a dose-equivalent
level as the radionuclide RQ
  A dose-equivalent level, in units of
rent or sieverts. is a measure of the
amount of biological damage resulting
from exposure to ionizing radiation.
Dose-equivalent limits are frequently
established in groups, such as 25
millirem to the whole body and 75
millirem to the thyroid gland.
Radionuchdes could be considered as a
class with a dose-equivalent level, or a
set  of dose-equivalent levels (e.g., whole
body and thyroid gland separately)
could be assigned to the entire class.
  Estimating a dose-equivalent level can
be quite complicated. The dose
equivalent may vary substantially for
different release circumstances, even if
the same quantity of radionuclide is
released. In addition, estimating dose-
equivalent levels requires making
numerous assumptions, and the level of
dose may vary drastically under
different assumptions. Because of all the
judgments and assumptions required to
estimate dose equivalents, the estimated
dose equivalent for two different,
releases with the same level of activity
of the same radionuclide may vary
drastically under different assumptions.
This potential variability makes it
difficult to (1) assure that the
government will be notified of all
radionuclide releases that it deems
necessary; and (2) enforce an RQ in
dose-equivalent units.
  A dose-equivalent level is also more
difficult to estimate quickly during an  .
actual release event than an activity
level. The Agency  determined that an
RQ in terms of dose equivalent (rem)
would leave a significant amount of
judgment to the person in charge of the
facility or vessel. The person in charge
would be required to estimate the
quantity released,  the potential rentes of
exposure, the period of exposure, and
the  most vulnerable organ of the body
potentially affected by the release. In
essence, if the RQ  wen to be
established in units of rem. the person in
charge of the vessel or facility would be
placed in a position of determining
whether the release posed a threat to
public health or welfare or the
environment. CERCLA establishes that
role for the federal government, not for
the  person in charge of the vessel or
facility.

Option 3: Considering radionuclides as a
class with a single activity level
  Activity level is  measured in units of
curies or becquereis. and is an accepted
 unit of radiation measurement. The
 Agency considered establishing one RQ
 m units of curies for the entire class of
 radionuclides.
  This option has the advantage of
 being simple, and curies are relatively
 easy to measure quickly during a
 release. It does not. however, account
 for the varying degrees of hazard posed
 by the same activity level of different
 radionuclides. The same level of
 radioactivity (i.e.. the same number of
 curies) of two different radionuclides
 may yield two entirely different dose
 levels. Therefore, while simplicity in
•reporting must be sought, it should not
 be accomplished by glossing over
 substantial differences among individual
 radionuclides. It would be extremely
 difficult to derive an RQ that is a single
 level of activity and that would provide
 timely reporting of the most hazardous
 radionuclides while not requiring too
 many reports for others. A single level of
 activity could, however, be an
 appropriate RQ if it were only applied to
 a group of sim Jar radionuclides (see
 Option 4 below).

 Option 4: Grouping radionuclides into
 categories with an activity level
 assigned to each of the separate
 categories
  Radionuclldes may be separated into
 various groups in such a way that a
 single level of activity may be an
 appropriate RQ for all the radionuclides
 within a given group. One RQ. which
 would assure timely reporting for
releases of the most hazardous
 radionuclide(s). could then be assigned
 to the overall group. For example.
 radionuclides could be grouped into
 "half-life categories" with progressively
 higher RQs for those categories having
 shorter half lives. Another example is to
 separate radionuclides into groups of
 alpha, beta, and gamma emitters. The
 RQs for non-radioactive substances
 have been established in a similar
 fashion, with different RQs for different
groups of chemicals that exhibit similar
chemical properties.
  The Agency chose not to adopt this
 option with either of the above methods
 of categorizing radionuclides. The
 Agency believes that radionuclides
 grouped into "half-life categories" with
 progressively higher RQs for those
 categories having shorter half lives may
 not be protective of human health and
 the environment. For radionuclide
 releases which deliver the same total
 radiation dose, radionuclides with
 shorter half lives will emit radiation at a
 higher rate. Therefore, for radionuclides
 with relatively short half lives, the
 federal government may wish to receive
 notification of relatively small releases
of such radionuclides to determine
whether a response action is necessary.
even if the radiation danger is relatively
short lived. With regard to categorizing
radionuclides on the basis of whether
they are primarily alpha, beta, or gamma
emitters, the actual threat to human
health  is less dependent on the nature of
the emission than on the route of
exposure. In addition, there are
numerous radionuclides that fall into
each of these categones. and a single
activity-level RQ for the group may not
be appropriate for all the individual
group members.
  The Selected Approach.—The EPA-
preferred option begins with a decision
to establish an RQ in terms of activity
(measured in units of cunes) for
individual radionuclides. The primary
advantages of this strategy are:
  • A level of radioactivity generally is
much easier to measure than dose
equivalent, would be easier to confirm.
and would provide more timely
reporting than an RQ in terms of dose
equivalent.
  • Establishing RQs for radionuclides
individually would allow consideration
of individual radionuclide
characteristics.
  This regulation proposes to revise
RQs for all of the approximately 1.800
currently known radionuclides. A large
majority of these, however, are listed as
a generic class with a single RQ.
  To develop individual RQs in units of
curies,  the Agency relied heavily on the
health  data and human intake limits
published by the International
Commission on Radiation Protection
(ICRP). particularly as reflected in its
Publication 30 (Pergamon 1982). Data
were available for 757 radionuclides and
so analysis of individual radionuclides
was limited to this universe. The
Commission does not claim that this list
is comprehensive, but it does represent
all radionuclides for which data needed
by EPA to evaluate the effects of a
radionuclide release are available.
  Thus. EPA is today proposing to
establish individual RQs for 757
radionuclides. Because of the
inadequacy of available data for all
other radionuclides. they are proposed
to be treated as a generic class with a
single RQ for the entire class.
  Radionuclide RQ Adjustment
Methodology.—The development of the
individual proposed RQs begins with the
Annual Limitations of Intake (ALIs)
developed by the International
Commission on Radiation Protection.
The ALIs:
are the annual intakes of given radionuclide*
by 'Reference Man' which would result  in
either (1) a committed effective dose

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  8178
Federal  Register / Vol. 52. NO. 50 / Monday.  March 16.  1987 / Proposed Rules
  equivalent • of 5 rem to the whole body
  (stochastic AU). or (2) a committed dose
  equivalent' of SO rem  to any organ or tissue
  (non-stochastic ALJ).

    The ICRP has presented Alls for both
  oral ingestion and inhalation. The ALJs,
  which are in units of microcuries. are
  considered to produce harm comparable
  to that of receiving a uniform whole
  body dose-equivalent radiation
  exposure of 5 rem. It is important to
  clarify that the ALJs represent quantities
  of radionuclides taken into the body, not
  quantities released to the environment
  These curie levels were adjusted by
  EPA to reflect (i) the difference between
  intake levels and release levels, and (2)
  a lower dose equivalent of 500 millirem
  (0.5 rem). a more protective limitation.
  Federal Radiation Protection Guidance
  recommends  500 millirem as an upper
  bound on exposure to individual
  members of the general public. The
  Agency currently is considering making
  a recommendation to lower this limit. In
  anticipation of this action, the Agency i»
  considering two alternative bases for
  the calculation of radionuclide RQs.
 These alternatives range between 25
 millirem per year and 100 millirem per
 year dose equivalent A 25 millirem per
 year dot.e equivalent  would result in
 RQs of too the value of RQs in today's
 notice. A100 millirem per year dose
 equivalent would result in RQs of Vi the
 value of RQs in today's notice. The 25
 millirem limit reflects the standards in
 existing regulations promulgated by
 EPA. For example, rules which apply to
 high-level radioactive waste disposal (46
 CFR Part 191) limit exposure to the
 general public to 25 millirem per year.
 National Emission Standards for
 Hazardous Air Pollutants (NESHAP) set
 under the Clean Air Act (40 CFR Part 61)
 also limit exposure to the general public
 to 25 millirem  per year. The higher
 endpomt of the range, 100 millirem. is
 believed to be a reasonable option for
 the revision of the Federal Radiation
 Protection Guidance.
  For purposes of this mlenaking. the
 Agency used conservative assumptions
 regarding different releases to air and
 water, and analyzed exposure through
 inhalation, ingestion. and direct
 exposure. The Agency then estimated
 the smallest number of curies of e
 radionuclide which, if released to the
 environment, would be likely to result in
 a person being exposed to a dose
 equivalent of 500 millireBL
                         In developing proposed RQs. the
                       Agency does not account for radioactive
                       decay explicitly in its models. This is a
                       conservative approach resulting in
                       lower RQs for some short-lived
                       radionuclides because some short-lived
                       radionuclides decay prior to causing a
                       dose equivalent of 500 millirem. The
                       Agency took this conservative approach
                       to simplify the analysis and because few
                       radionuclide releases are expected to be
                       affected by this approach. EPA seeks
                       comment on  the appropriateness of
                       incorporating explicitly radiological
                       decay in the models developed for the
                       exposure pathways discussed below. If
                       radionuclide half lives are incorporated
                       explicitly into the model calculations,
                       the RQs for some short-lived
                       radionuclides would increase.
                         Separate equations were derived to
                       adjust the ALJs to determine release
                       values in cunes for both the inhalation
                       and ingestion pathways. A third set of
                       equation* was derived to develop
                       release values on  the basis of direct
                       exposure to a radionuclide release. All
                       of these equations are discussed briefly
                       below and in more derail in the
                       Technical Background Document to
                       Support Proposed Rulemaking Pursuant
                       to Section 102 of CERCLA:
                       Radionuclides (hereinafter Technical
                       Background Document), available for
                       inspection at Room LG-100 U.S.
                       Environmental Protection Agency. 401M
                      Street SW. Washington. DC 20460. As
                      noted earlier, use of an activity level in
                      curies rather than a dose equivalent was
                      selected because it is easier to measure
                      and confirm, and would provide more
                      timely reporting than an RQ in terms of
                      dose equivalent
                        Inhalation.—The inhalation equation
                      derives e Release Value for each
                      radionuclide. Release Values are in
                      units of curies and represent the activity
                      level of each radionuclide which, if
                      released under conservative
                      circumstances, could result in an
                      exposed individual receiving a dose
                      equivalent of 500 millirem (0.5 rem). The
                      Release Values are derived by dividing
                      the ALJ for inhalation presented in the
                      ICRP Publication 30 by the product of
                      several factors:
                        Inhalation
                      Release Value
                                              AU
                                       10
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                 Federal Register / Vol.  52. No  50 / Monday. March  15. 1387  /  Proposed Rules
                                                                        8179
 radionuclides to reach the food chain is
 following an atmospheric radioactive
 release, e g.  in the release from the
 Chernobyl nuclear power plant many
 F iropean countries had great concern
 regarding the safety of food crops and
 nnlk The Agency evaluated each of the
 "57 radionuclides for which the ICRP
 developed ALls and calculated Release
 Values for two mgestion exposure
 routes, fuuu crop and drinking water.
 For the maiority of radionuclides. the
 drinking water exposure route resulted
 in lower Release Values (i.e.. was a
 more critical route of exposure). Further.
 for the radionuclides for which the food
 crop pathway produced lower Release
 Values, the Agency determined that in
 the vast maionty of cases either
 inhalation or direct  exposure was even
 more critical than food crop mgestion.
 Therefore, the Agency has chosen to
 proceed with development of a Release
 Value for mgestion based on
 consumption of contaminated drinking
 water. In addition, to be most protective,
 a ground-water exposure route was
 selected over surface water exposure.
 Based on our modeling assumptions, a
 release of radionuclides into a river or
 lake would likely result in larger dilution
 factors than a release to an aquifer and
 subsequently into a  drinking water well.
 This large dilution factor would result in
 lower concentrations of radionuclides in
 the drinking water and lower levels of
 radioactive contamination. The
 Technical Background Document has
 further detail on the food crop, ground
 water, and surface water exposure
 routes. The Agency requests comments
 and data pertaining to all exposure
 scenanos.
  The equation which  EPA has adopted
 for the calculation of Release Values
 based on consumption of contaminated
 ground water is:
   Ingesiion
 Release Value
                         All
                 10(DF)(CT)(WQ(1X10«J
where:
ALI=Lowest (ngettloci AU given in the ICRP
    Publication 3ft
10=Conversion factor between 3 rem and 500
    milhrem:
DF=Dilution Factor (I/liter):
CT- Contact time (days):
WC=Water consumption of "Reference
    Man" (2 liters/day): and
1 x 10* = Conversion factor between
    microcunes and cunes.

  The maximum concentration in a
plume 30 meters downgradient from a
 point source release is calculated using
 ground-water advection-dispersion
 modeling equations which take into
 account sorption of the radionuclides in
 the aquifer. This maximum
 concentration is reflected in the Dilution
 Factor (DF). Thirty meters is chosen for
 consistency with the atmosphere model.
   Contact time, calculated using the
 advection-dispersion ground-water
 model, is the total time a contaminant
 plume will be in contact with a well
 located 30 meters (in this case) from the
 source.  Contact time will vary by
 radionuclide and will be related to the
 sorption coefficient discussed above.
 The daily water consumption estimate is
 assumed by the ICRP to be 2 liters and
 is used here.
   Direct Exposure.—An equation with
 the same parameters—the quantity of
 radiation intercepted by "Reference
 Man" (ICRP Publication 23. Pergamon.
 1975) at a distance of 30 meters from a
 release  and limiting the exposure to 500
 milhrem—also was developed to
 calculate a value for a third route of
 exposure, direct exposure to a point
 source release of a radionuclide. The
 direct exposure Release Values
 represent the amount of radionuclide. in
 curies, necessary to provide a gamma
 ray dose of 500 millirad. the same as a
 dose equivalent of 500 millirem. to an
 individual 30 meters from a point source
 release of radioactive material. Gamma
 rays alone are considered in this
 equation because the mean free path of
 alpha and beta particles with energies
 lower than 10 MeV is less than 30
 meters. The Direct Exposure Release
 Value equation is presented below:
                   (64lxiQ-»)(Dn)(S')
 Direct Exposure
  Release Value
when:
Dn - Dose equivalent (0.5 rem):
S° Distance from the release (30 mfc
Et ~ Summation of the product of the gamma
   ray energies (MeV) and the gamma ray
   fractions for each radionuclide:
o." Linear absorption coefficient for gamma
   rays in air (cm*1):
T-Duration of exposure (Z4 hours); and
exp(-u^>)~ Atmospheric attenuation from the
   point of release to the receptor.
The factor 6.41 x 10'5 is a constant
which relates gamma ray energy to
exposure, and is discussed in more
detail in the Technical Background
Document. The Agency requests
comments on this exposure scenario.
   The Agency is also considering an
 alternative method of calculating direct
 exposure Release Values, using specific
 gamma ray constants rather than the
 direct exposure Release Value equation
 discussed above. The gamma  ray
 constants are derived empirically and
 are available only for a subset of
 radionuclides. The Agency requests
 comment on the appropriateness of
 using the gamma ray constants
 whenever available, and using the
 equation discussed above for  the
 calculation of Release Values  for
 radionuclides when the constants are
 not available.
   A separate direct exposure equation
 was developed for submersion in a
 radioactive cloud of noble gas because
 submersion in a radioactive cloud
 results in an integrated dose from all
 directions at varying distances from the
 body, unlike direct exposure to a point
 source. Ingestion and inhalation are not
 significant exposure pathways for noble
 gases as a result of their inertness, and
 ALIs for ingestion and inhalation are not
 presented by the ICRP for most noble
 gases.
   The direct exposure Release Values
 for submersion in a radioactive cloud of
 noble gas are denved for argon, krypton.
 and  xenon through the following
 equation:
 Direct Exposure Release
        Value
  asfDACim
10(X/Q)(1X101
where:
DAC«>Derived Airborne Concentration
    (microcunes/cm*):
TB Duration of exposure (1 day):
10 •> Con version factor between 5 rem and 500
    nullirenc
X/Q-Atmospheric Relative Concentration
    Value at 30 meters (8.4 x 10'" day/cm*);
    and
1 x 10* m Can version factor between
    mlcrocunes and cunes.

The DAC value specifies the airborne
concentration that would result in a 5
rem whole body dose equivalent for a
2000 hour exposure period. To adjust the
airborne concentration  from a 2000 hour
exposure period to a 24 hour exposure
period, we multiply  the  DAC value by 83
(2000 hours-!-24 hours).  X/Q is the
ground-level concentration value 30
meters from the release point The
Agency requests comments and data on
this exposure scenario.
  Establishing the RQ.—For each
radionuclide. therefore, three values are

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8180
Federal  Register / Vol. 52. No. 50  /  Monday. March  16. 1987  /  Proposed  Rules
derived. The Agency has selected the
lowest of the three values for each
specific radionudide with the intent of
choosing an RQ that is the most
protective of human health and the
environment. This is comparable to the
methodology used to adjust chemical
RQs >n previous rulemakings which
evaluates six intrinsic properties or
"primary criteria" for each hazardous
substance. After assigning tentative RQs
for the vanous properties, the lowest
tentative RQ becomes the "primary
criteria RQ" for that substance. A
detailed explanation of the methodology
used to derive proposed radionuchde
RQs can be found in Chapter 4 of the
Technical Background Document.
  To simplify administration and
implementation of RQ reporting for the
757 separate radionuchdes. EPA has
decided to place each radionudide in
one of seven groups, each group
assigned a single specific proposed RQ.
The Technical Background Document
discusses this assignment of RQs in
greater detail The proposed RQs for the
seven radionudide groups are aa
follows:
Pro-
posed
adfusted
RQ(m
nines)
0.001
0.01
01
1
10
100
1000
Lowest release
value range (in
CuneS)
0001-0.0099 	
0.01-0.099 	 -. .
0 1-099 	
1-999 	
10-99.99 	
100-999.99 	
1000 and greater....
Number of
radtono-
cfade*
6 (0 .6%)
25 (3.3%)
24 (3.2%)
35 (4.6%)
342 (45.2%)
236 (31.2%)
89(11.6%)
   AD known radionuclides not Hated by
 the ICRP have been assigned a proposed
 final RQ of one curie. Available
 information on these radionuclides is
 insufficient for any meaningful analysis
 by the Agency of the appropriateness of
 any particular RQ for individual
 radionuclides in this group or the group
 as a whole. A proposed RQ of one curie
 was selected because it is the middle
 RQ category, and the majority of
 radionuclides (93 percent) examined
 individually have proposed RQs at least
 at this level. The Agency expects that
 releases of an RQ or more of any of
 these radionnclides would be rare.
 Therefore. EPA is proposing a group RQ
 that it believes is sufficiently protective
 of public health and welfare and the
 environment without posing an
 unreasonable burden on the regulated
 community.
    Assignment of the individually
 calculated RQ to one of the seven
 groups  and placement  of other
                        radionudides in the genenc RQ group
                        should not be interpreted to mean that
                        all radionuchdes in any given group
                        represent the same threat or danger to
                        public health and welfare and the
                        environment. Two or more radionuclides
                        with the same proposed RQ do not
                        reflect a determination that a release of
                        one will be as hazardous as the release
                        of another, or even that the release of
                        one will be hazardous at the proposed
                        RQ level and not hazardous below that
                        level. The actual hazard will vary with
                        the unique circumstances of the release.
                        and extensive scientific data and
                        analysis would be necessary to
                        determine the hazard presented by each
                        substance under a number of possible
                        circumstances. The proposed RQs are
                        designed to be a trigger for notification
                        and reflect the Agency's judgment that
                        the federal government should be
                        notified of certain releases to which a
                        federal response might be  necessary.
                        The RQs represent a determination only
                        of possible or potential harm, not that
                        releases of a particular amount of a
                        hazardous substance necessarily will be
                        harmful to public health or welfare or
                        the environment
                        C. Alternative Approaches
                          In addition to the method and
                        assumptions used to develop the RQ
                        adjustments proposed today. EPA is
                        soliciting comments on the underlying
                        assumptions discussed above and also
                        is considering other methodologies for
                        developing RQs for radionuclides. These
                        approaches are described below. EPA
                        requests public comment on whether
                        one of these approaches or a related
                        approach would be more appropriate for
                        establishing the RQ adjustments in the
                        final rule than that used for today's
                        proposal.
                        1. Use Similar Pathway-Based
                        Methodology, but with Different
                        Assumptions
                           In the method used to develop today's
                        proposed RQs. EPA has chosen to model
                        the pathways that could be taken by
                        released radionuclides. using three
                        exposure scenarios for each of the 757
                        radionudides for which intake limits are
                        available. Under this approach, the
                         assumptions governing exposure
                         scenarios are critical to the outcome.
                         While EPA believes the scenarios used
                         were reasonable, there could be
                         circumstances where an actual release
                         results in a dose equivalent higher than
                         500 millirem. Therefore, the Agency is
                         considering the use of different
                         assumptions, which could result in
                         different RQs for many radionuclides.
                           EPA recognizes that, when using
                         modeling techniques such as the three
selected exposure scenarios, there will
be instances in which the facts of a
particular situation may vary from the
assumptions relied upon in the model.
For example, the three exposure
scenarios incorporate the assumption
that the distance between the  release
and the point of exposure is 30 meters, it
is possible, however, that an exposed
individual may be located nearer to the
release. A different assumed distance
would result in different calculated
Release Values for these pathways, and
different resulting RQs in some cases.
EPA is considering and soliciting
comments on whether a shorter distance
(perhaps as low as one meter) may be
more appropriate.
  EPA also is considering whether other
assumptions used in the three exposure
scenanos are sufficiently protective of
public health, such as the penod for
direct exposure. Exposure to an
unreported release could continue
longer than the 24-hour period used in
the scenario. Therefore, an assumption
of six months or one year of exposure
may be more  appropriate than a 24-hour
exposure period. The Agency solicits
public comment and data on this general
issue and suggestions for the  most
appropriate choices for exposure
scenarios for the development of RQs.

2. Establish RQs aa a Multiple of the
ALIs

   EPA also is soliciting comment on
alternative methodologies for
calculating RQs. For inhalation and
 ingestion. one method under
 consideration is to multiply the lowest
 ALJ for each  radionuchde by  a selected
 numerical constant. EPA is considering
 numerical constants such as 5. For the
 very worst case of exposure,  i.e..
 ingestion or inhalation of 100 percent of
 a release by a single individual, an
 amount of 5 times the ALJ would result
 in a radiation dose of 25 rem. a dose at
 which measurable immediate effects are
 first observed. Because the numerical
 constant of 5 is related to an assumption
 that may be overly conservative. EPA
 also is considering higher numerical
 constants which might be justified by
 considering exposures less conservative
 than the very wont case. EPA also is
 considering lower numerical constants
 to reflect a lower acceptable dose
 equivalent. EPA requests comment on
 this approach, on a suitable  choice for
 the numerical constant, and  on a
 rationale for the numerical constant
 chosen.

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                 Federal Register  /  Vol.  52. No.  50 / Monday.  March 16.  1987 / Proposed Rules
  D. Reporting Requirements for Mixtures
  of Radionuclides
   Some releases of radioactive
  substances are likely to consist of
  mixtures of radionuclides. These
  releases will be one of two general
  types: mixtures of known composition or
  mixtures of unknown composition.
  Mixtures of Known Composition
   The Agency is proposing the following
  method for evaluating mixtures of
  known composition. This method ia
  different from the mixture rule for other
  hazardous substances established under
  the Clean Water Act (see SO FR13456
  April 4.1985).
   Reporting requirements for releases
  involving mixtures of known
  composition can be obtained directly
  from the proposed RQs for individual
  constituents of the mixture. If the
  identity and quantity (in curies) of each
  radionuclide involved in a release event
  is known, the decision whether to report
 a release must be made in the following
 manner for each radionuclide in the
 mixture, determine the ratio between the
 quantity released in curies and the RQ
 for the radionuclide. If the sum of the
 ratios for all radionuclides is less than 1.
 the release need not be reported. If the
 sum is equal to or greater than X. the
 release must be reported to the National
 Response Center.
  For example, if radionuclides "a", "b".
 and "c" are present in quantities Qa.
 Qb. and Qc curies in a mixture, and if
 the proposed RQs are RQa. RQb, and
 RQc.  respectively, then the quantity
 released for the mixture does not equal
 or exceed the proposed RQ and the
 release need not be reported to tha
 National Response Center if [Qa/
 RQa+Qb/RQb+Qc/RQc) is less than 1.
 This convention for handling releases of
 radionuclide mixtures is recommended
 by the ICRP and presently is used in
 existing federal regulations (e.g, 10CFR
 Part 20).

 Mixtures of Unknown Composition
  Reporting requirements for mixtures.
 where either the amount or identity of
 the radionuclides in the mixture an
 unknown, cannot be based oa the
 determination of quantities released,
 There are three possibilities: (1) The
 identity of the radionuclides involved i»
 known, but the amounts released of
 each is unknown. (2) the identity of the
 radionuclides (or one of the
 radionuclides] in the mixture is
 unknown, but the amount released is
 known in total curies per unit volume or
weight, or (3) the identity of the
radionuclides involved is unknown and
the amount of radionuclides released in
 the mixture is unknown. For these cases.
 EPA proposes that the decision to report
 a release be made as follows:
   (1) Identity known, but amount
 unknown.
 If the identity of each radionuclide in the
 mixture is known but the amount of one
 or more of the radionuclides is
 unknown, the RQ for the mixture shall
 be the lowest RQ of any radionuclide in
 the mixture.
   This method for determining the RQ of
 a mixture assures a report to the
 National Response Center if the total
 number of curies involved in a release is
 equal to or greater than the RQ in curies
 of the substance with the lowest
 proposed RQ in the mixture.
   (2) and (3) Identity of radionuclides)
 in the release is unknown.
 If the identity of a radionuclide In a
 release is unknown or if the identity of
 one or more radionuclides in the release
 of a mixture of radionoclides is
 unknown, the release must be reported
 to the National Response Center if the
 total release is equal  to or greater than 1
 curie, or if the total release is equal to or
 greater than the lowest RQ of any-
 known radionuclide in the mixture.
 whichever is lower.
   Establishing an RQ of 1 curie for a
 release in which the identity of the
 radionuclide or radionuclides involved
 is unknown is consistent with the 1 curie
 RQ for the class of radionuclides for
 which insufficient data exist to establish
 individual RQs. This mixture rule
 requires reporting if the release equal*
 or exceeds 1 curie, or. if some
 component of the mixture is known and
 its RQ is less than 1 curie, then the total
 release must be reported if it equals or
 exceeds the RQ of the known
 component The Agency also is
 considering establishing an RQ for
 unknown mixtures at 0.001 curie, the
 lowest proposed RQ level This is based
 upon the assumption that the release
 may be of the most dangerous
 radionuclide. This approach assures that
 the government has the opportunity to
 evaluate all uncertain bat potentially
 dangerous radionuclide release* and
 respond, if necessary.
 Common Radionndide Mixtures
  The Agency today also is proposing to
 establish RQs for two common
radionuclide mixtures: radium-228 in
equilibrium with its daughters, and
natural uranium. The Agency ia
proposing these RQs for the
convenience of persons frequently
handling these mixture*. The RQs are
developed directly from the mixture ml*
discussed above.
   Radium-228 has a half life of 1.600
 years, substantially greater than the half
 lives of its daughters. After a sufficient
 period of time, however, a state of
 equilibrium is established in the
 mixture, such that the quantity of
 activity present for each daughter
 product and the parent radium is equal.
 When radium and its daughters  reach
 this state of equilibrium, the RQ of the
 mixture is 0.43 curie, in contrast to the 1
 curie RQ for radium-228.
   Natural uranium is composed  of the
 isotopes uranium-238 (99.27 percent by
 weight), uranium-234 (0.0057 percent by
 weight), and uranium-235 (0.72 percent
 by weight). Because we know the
 composition by weight of natural
 uranium, we can denve the activity
 levels of each of its components. The
 proposed RQ for natural uranium.
 derived through the mixture rule, is 0.1
 curie, the same as the RQ for the 3
 isotopes in the mixture.
   Mixed fission products are also
 recognized by the Agency as an
 important and common radionuclide
 mixture. However, the Agency today is
 proposing RQ* only for the individual
 radionuclide components within mixed
 fission products because an RQ for this
 mixture would have to be time*
 dependent That is. at different times.
 the concentration of the different
 components of this mixture will be
 different In addition, the composition of
 mixed fission products depends upon
 the type of reactor which produces the
 mixed fission product Thus, different
 RQs would need to be presented for
 different mixed fission products.

 E. Other Issues

 Estimating the Effects of Radiation

  The harmful effects of radiation on
 humans have been the focus of most of
 the research efforts concerning radiation
 exposure in the past EPA. of course.
 also is concerned with the broader
 problem of potentially deleterious
 effects to the environment, as well  as to
 humans. In adjusting radionuclide RQs.
 the Agency's goal is to ensure, to the
 extent possible, ample protection for the
 most sensitive species of flora and
 fauna. To identify  the most sensitive
 species, the Agency reviewed the
 existing literature and determined that
 present information indicates that RQs
 chosen to provide adequate protection
 of the human specie* would be
 sufficiently protective of the
environment as welL The Agency has
determined, therefore, that RQ
adjustments developed with the goal of
protecting public health also will
adequately protect the environment

-------
 EPA solicits public comments on this
 approach.

 Individual RQs

   EPA is interested in receiving public
 comment on the selected methodology
 and on whether RQs for individual
 radionuclides are believed to be too low
 or loo high. EPA would be interested in
 suggestions and data regarding what
 criteria the Agency should consider in
 technically or administratively adjusting
 a proposed RQ for an individual
 rjdionuclide.

 Concentration Cutoff
   Under this proposed rule, releases of
 large volumes of dilute material, which
 present little or no immediate danger to
 public health, could be reportable.
 Therefore. EPA is considering whether a
 concentration cutoff (expressed in curies
 per gram), below which the RQs for
 radionuclides would not apply (similar
 in principle to that used by DOT in
 defining radioactive material (see
 section III of this notice)) would be
 appropriate to eliminate unnecessary
 and excessive reporting.
   The basis of the DOT concentration
 cutoff is to avoid regulation of natural
 objects for which the application of
 transportation regulations governing
 radioactive materials is not intended.
 EPA is considering a similar'
 concentration cutoff because there may
 be no benefit in requiring reports of
 releases of radioactive materials in such
 low concentrations. However, if a large
 quantity of low concentration material is
 released, the release may represent a
 threat  to public health, welfare, and the
 environment to which the federal
 government may want to respond.
  EPA requests comments on the
 appropriateness of having a
 concentration cutoff and on what that
 cutoff should be. In particular, the
 Agency requests comment on using 0.002
 microcuries per gram (the DOT value) as
 a cutoff.

 V. Summary of Supporting Analyse*
  Rulemaking protocol under Executive
 Order 12291 requires that proposed
 regulations be classified as major or .
 non-major for purposes of review by the
 Office of Management and Budget
 (OMB). According to E.0.12291. major
 rales are regulations that are likely to
 result in:
  (1) An annual effect on the economy
 of $100 million or more: or
  (2) A major increase in costs or prices
 for consumers, individual industries.
 federal, state, or local government
agencies, or geographic regions: or
  (3) Significant adverse effects on
competition, employment. Investment
 productivity, innovation, or on the
 ability of United States-based
 enterprises to compete with foreign-
 based enterprises in domestic or export
 markets.
   The Economic Impact Analysis for the
 Proposed Reportable Quantities
 Adjustments for Radionuclides under
 section 102 of CERCLA (Economic
 Impact Analysis), available for
 inspection at Room LC-100. U.S.
 Environmental Protection Agency. 401 M
 Street. SW. Washington. DC 20460.
 shows that today's proposed regulation
 is non-major, because adoption of the
 proposed rule will result in an estimated
 total annual cost of $178.000 to the
 government and the regulated
 community, with the letter's share being
 less than $27.300 annually.
   The Regulatory Flexibility Act of 1960
 requires  that a Regulatory Flexibility
 Analysis be performed for all rules that
 are likely to have a "significant impact
 on a substantial number of small
 entities." EPA certifies that this
 regulation will not have a significant
 impact on a substantial number of small
 entities. See Chapter Six of the
 Economic Impact Analysis.
  EPA requires an Information Impact
 Analysis to be carried out for all rules
 that impose a paperwork burden on the
 public. This analysis estimates the
 burden imposed on parties outside EPA
 for activities such as recordkeeping or
 notification. It is anticipated that RQ
 adjustments will change the paperwork
 burden imposed on the regulated
 community for information collection
 associated with reporting releases. As
 estimated in Chapter Six of the
 Economic Impact Analysis, the
 paperwork burden of notification and
 recordkeeping on private parties will be
 approximately 43 additional
 notifications annually.
  In accordance with the Paperwork
 Reduction Act of I960.44 U.S.C 3501 et
seq.. the reporting or recordkeeping
 provisions that are included in this
 proposed rule have been submitted for
 approval to OMB under section 3504(h)
of the Paperwork Reduction Act. Any
 final rule will include an explanation of
how the reporting or recordkeeping
provisions contained therein respond to
any comments by OMB and the public.
List of Subjects In 40 CFR Part 303
  Air pollution control. Chemicals.
Hazardous materials. Hazardous
materials transportation. Hazardous
substances. Hazardous wastes.
Intergovernmental relations. Natural
resources. Source, byproduct and
special nuclear materials. Mineral
mining. Radioactive materials.
Radionudide. Reporting and
 recordkeeping requirements. Superfund.
 Waste treatment and disposal. Water
 pollution control.
  Ddled December 31.1986.
 Lee M. Thomas.
 AJministrator.
  For the reasons set out in the
 preamble, it is proposed to amend Title
 40 of the Code of Federal Regulations as
 follows:

 PART 302—DESIGNATION,
 REPORTABLE QUANTITIES, AND
 NOTIFICATION

  1. The authority citation for Part 302 is
 revised to read as follows:
  Authority: Sec. 102 of the Comprehensive
 Environmental Response. Compensation, and
 Liability Act of I960, as amended. 42 U S.C.
 9602: sect. 311 and SOl(a) of (he Federal
 Water Pollution Control Act. 33 U.S.C 1321
 and 1361.

 8302.4  [Amended]
  2. In Section 302.4. Table 302.4 is
 amended by revising the entry for
 "Radionuclides" under the "Final RQ"
 column for "Pounds (kg)" to read:"{."
  3. In Section 302.4. Table 302.4 la
 amended by revising the footnote at the
 end of the table explaining "{" to read:
  "8—the adjusted RQs for
 radionuclides may be found in
 Appendix B to this table."
  4. In Section 302.4. Table 302.4 is
amended by adding the following table
as Appendix B:

   APPENDIX B-RADIONUCLIDES
Radionudide
RADIONUCLIDES 	
Actmwm424 	
Actmmnv225 .••—•.•............
Actrwum-226 	
Actmium-227 	
Actmium-228 	
Alurnmum-26 	 . 	
Amencwm-237 	
Amenounv238 	
Amenaum-239 	
Amenaum-240 	
Amenoum-241 	
Amencium-242m .__ 	
Amenaum-242 	
Amenaun>243 	
Am«nckmv244m 	
Amenaum-244 	
Amenaum-245 	
Amenaum-246m 	 	 	
Amenaunv246...
Antmony-1 1 5 	
Antimony- 1 16m 	
Antimony- 1 18 	
Antbnony-117 	 ._ ..
Antimony* 1 16fn ......,,,....,.
Antimony- 1 19 	 	
Antunony-120 (16 mm)_
Atomc
Number

89
89
89
89
89
13
95
95
95
95
95
95
95
95
95
95
95
95
95
51
51
51
51
51
51
51
Proposed
RCMO)
1&
100
1
10
0001
10
10
100
10
100
10
0.01
001
100
001
1000
10
1000
10
10
10
10
10
100
10
100
1000

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federal Register / Vol.  52. No. 50 /  Monday. March 16. 1987 / Proposed  Rules
8183
APPENDIX 8— RADIONUCt
Continued
Radnnudide
Antimony- 120 (576
day)
Antimony- 122 	
Antimony- 124m 	
Antimony-124 . 	 	
Antimony- 125 	
Antimony- 126m ._ 	
Antimony- 126 	
Antimony- 1 27 	 	
Antimony.128 (10.4
mm).
Antimony-128 (9.01 hr)..
Antimony- 129 	 	
Antimony- 130 	 	
Anbmony-131 	 	
Argon-39 	 	
Argon-41 	 	
Arserac-69 	 _ 	
Arsemc-70 	 _ 	
Arserac-71 	 	
Arsarac-72 	
Arsenc-73 	 	 	 	
Arsene-74 	 	 	 _..
Arsenc-76 	
Arserac 77 _ 	 	 	
Arsarac-78 	 __ 	
Astatine-207 	 	
Astatine-211 	 _ 	
Banum-126 	
Banum-128 	 	 	
BanunvlSIm 	
Banum-1 31 	 	 	
Banum-I33m 	 	 	
Barium-133 	 _
Banum-1 35m 	 	 _
Banum-1 39 	 _ 	
Banum-1 40 	 	 	 _...
Banum-1 41 	 _ 	
Banum-1 42. 	
Berkelium-245 	 	
Berkebum-246 	
Berkelium.247 	
Berkekum-249 	 	
Berketaum-250 	 	
Befylltum-7 	 _ 	
Beryihum-10 	 _ 	
Bismuth-200 	 _ 	 	
Bismuth-201 	 _ 	
Bismutrt-202 	 	
Bismum-203 	 	
Bismuth-205 	 	
Bismuth-206 	 	
Bismuth-207 	
Bismuth-210m 	 _.
Bismuth-210 	
Bismuth-212 	
Bismuth-213 	 	 	
Bismuth-21 4 	 „ 	
Bromne-74m 	 	
Bromme-74 	 	 	 _...
Bromne-75 	 _ 	 _„.
Bromne-78 	 --,.., 	
Bromne-77 	 ___.. 	
BfornneuOm 	 	 	
Bromm-BO . 	 	 	
Bromne-82 	
Brornne-83 	 —
Bromne-M""" — Z™J
Atomic
Number
51
51
51
51
51
51
51
51
11
s
51
51
18
18
33
33
33
33
33
33
33
33
33
85
85
56
56
56
56
56
56
56
56
56
56
56
97
97
97
97
97
4
4
63
83
83
83
83
83
83
83
83
83
83
83
35
35
35
35
35
35
35
35
35
35
.IDES—
Proposed
RO(Ci)
10
10
1000
10
10
10
10
10
10
10
10
10
10
1000
10
1000
10
100
10
100
10
10
100
10
10
1
100'
100
100
10
100
- 169- -
100
100
100
10
10
100
10
0.01
1
10
100
1
10 -*
10
100
10
10
10
10
0.1
10
100
100
10
10
10
10
10
100
1000
100
10
1000
10
APPENDIX B— flADlONUCLIDES—
Continued
Radionuchde
CadnMim-104 ._ 	
Cadmum-107 .._ 	
Cadnwjm-109 	
Cadmium- 1 1 3m 	
Cadmium- 1 13 	 	
Cadmium- 1 1 5m 	 	
Cadmium- 1 15 	
Cadmum-1 1 7m 	 _
Cadtmjnvl 1 7 	
Caloum-41 	 	
Cataum-45 	 	
Calaum-47 	 _
Calrfornium-244 	
Calrtomnim-246 	
Califormum-248 	
Calrtomum-249 	
CaMomum-250 	 	
Cabfomum-251 	
Caldomium-252 	
CaMomium-253 	
Califorrnum-254 	
Carbon-ii 	
Cartxjn-14 	
Cenuro-134 	
Canun>13$
Cenun>137m 	 	
Cenum-137 	
CenuB-139 	 	
"CefiaA-141 	
Cenum-143 	
Cenum-144 	
Cesnan-125 	
Cesum-127 	 	
CiAlriMl in
Cniunt-130
Ceaun-131 	
HOTMIH 32 	 .__ 	
Cesium- 1 34m"" 	 !""""
CAUim.1«4
Cesun-135m 	 	
Cesnm-l 35 	 	
Ceawm-136 	 	 	
Sestim- 1 37 ......._ 	
Ceaun-138 	 _ 	 __.
CNoflne-3& 	

^nlonn8M39«.»HM.M*.H..H.n
Chrornlun>48
Ctvomum-49 ..._ 	 _.
*hronuum-51 ..................
Cobatt-55 	
Cobaft-58™.™!™."!!.'".""
Cobrt-57.._. 	 	
Cobaft-SSm 	 	 .
Cobaft-58 	
CobM-eOm 	
CobUMO 	
CobtfMI 	
Cobalt-62m 	 	 „
Copper-60 	
Copper-61 	 	 __.
Copper^™ 	 _.
^PPeF*£7 ........MM....... ..
Curfan-23& 	
Curtum-240: 	
Cunum-241 	 	 	
Curium-242_.. 	 __.
Cunum-243. 	 	
Atomic
Number
48
48
48
48
48
48
48
48
48
20
20
20
98
98
98
98
98
98
98
98
98
6
6
58
58
58
58
*u
SB
58
55
55
•3S*"
55
55
55
55
55
55
55
55
55
55
17
17
17
24
24
24
27
27
27
27
27
27
27
27
27
29
29
29
29
96
96
96
98
96
Proposed
R0(CO
100
1000
10
1
1
10
10
10
10
1000
100
10
1000
10
0.1
0.01
0.01
0.01
0.1
10
0.1
10
10
100
10
1000
1000
100
10
100
1
100
100
y-io» e
100
. 1000V.
-1tf"
1000
10
10
100
10
10
10
100
10
10
10
100
1000
10
10
100
1000
10
1000
10
100
10
10
100
100
100
1000
1
10-
001 I
APPENDIX 8— RADIONUCLIDES—
Continued
Radionuclide
Cunum-244 	 	
Curium-245 	 	 	
Cunum-247 	 __ 	 _
Cunum-248 	
Cunum-249 	 _
Dysprosium- 1 5S.._ 	 	
Dysprosium- 157 	
Dysprosium- 1 59 	 	
Dysprosium- 1 65. 	 _„
Dysprosium-166 	
EinstOTNjm-250-.. 	 	
Einstauuum-251 	 _
Bnstemunv253__ 	 _
Einstemium-254tn 	 	
Einstamium-254 	
Ertmm-161 	 	 	 _
Erbum-165 	 	 _
ErbHjm-169 	
Ertxum-171 	
Eroiuro.172. 	
EuropJum-145 	 	 	
Europum-146 	
Europwm-147 	 	
Europhim-148 	
Europium-149 	
Europwm-150 (126 hr)._
Europwm-150 (34.2 yr)_
Europum-1 52m 	 	 	
Europium-152 	
Europium-154 	
Europwm-155 	
Europwm-156 	 	 „.
CirapUMSr^li 	
Europlum-158 	
Fermum-252...__.._ 	
Fermwm-254 	 	 _.
FemHum-255 	
Fermnim-257 	 	 	
Fluorine- 1 8 	 	 	 	
Franaum-222.._ 	 _
Franokim-223 ..._ 	
Gadoflmum-145 	
Gadoirmjfn-146 _ 	 -_,
Gadofirttum-147 	
GadoHmum-148 	
Gadoimum-149 	
GadoBmum-151 _ 	 _..
GadoBnium-l 52 	
Gadofirmim-l S3 	
GadobMjm-159 	
Gallun-65 	 	 _..
Gallum-66 	 -,— 	
Galfcjn>67 	
GnlliunuAA
Gallium-70 	 	 _J
GnllkM.72 	 	 |
Gallium.73 	 IJ
Germamum-66 	
Germarnum-67. 	

Germanwm-69 	
Genranunv7l .._...___
GUI mar Nunv75
GermanunvTT 	
Gormamjnv76
GoM-193 .._ 	
Atomic
Number
96
96
96
96
96
96
66
66
66
66
66
99
99
99
99
99
68
68
68
68
68
63
63
63
63
63
63
63
63
63
63
63
63
63
63
100
100
100
100
100
9
87
87
64
64
64
64
64
64
64
64
64
31
31
31
31
31
31
31
32
32
3?
32
32
32
32
32
79
Proposed
RCMCi)
001
001
001
001
0.001
1000
10
100
100
100
10
10
100
10
1
01
10
1000
100
100
10
10
10
10
10
1000
1000
10
100
10
10
10
10
10
10
10
10
100
10
1
1000
100
100
10
10
10
0.001
100
100
0001
10
100
10
10
100
1000
1000
10
100
100
100
10
10
1000
1000
10
100
100

-------
8184
Federal Regi.te, / Vol. 52, No.  „  , Monday  Ma|c||
APPENDIX 8— RADIONUCLIDES—
Continued
Radnnuctide
Gold-194 ....
Gold- 195....
Gold- 198m..
Gold- 198..
Gold- 199
Gold-200m 	
Gotd-200 ....
Gold-201 	 	
Hafnium- 1 70 	 !....".
Hafntum-172 	
Hafmum-173 	
Hafnium- 1 75 	 "'"
Hafnwm-i77m...
Hafraum-i78m 	 "
HafrHum- 1 79m 	
Hafmum-iaOm 	
Hafnium- 181 	
Hafnium- 1 82m 	
Hafnwm-182 	 	 	
Hafnum-183..
Hafraum- 184 	
Hokmum-155 	
HoJrrwmv 1 57 	
Holmum-159 	
Hotmium-161 	
Hohnum-i62m 	
Hobnwm-162. 	
Hotmunvl64m 	
Holmium-1C4 	
Holiimin>i66m 	
HOhnWflV1 1 fifl-T...MM,T..",,.,
Holmhjnvl67.

yorogofKJ ..................
lndlum-109 	 _
lndium-110 (69.1 mm)__
lndwm-110 (4.9 hr) 	
lndtum-1 1 1 	
Indium- 1 12 	
Indium- 1 13m 	
Indium- 1 14m 	
Indium- 1 15m 	 J
lndKjm-115 	 _
Indium- 1 16m 	
lndium-117m 	 _.
lndnim-117 	
Indium- 1 1 9m 	 	
Iodine- 1 20m 	 	 	
lodme-1 20 	
lodine-121 	
iodine-123 	
lodine-124 	
lodme-125 	 	
iodme-126 	
•odtne-128 	 	 _
lodme-129 	
lodine-130 	
lodine-131 	 	 	
todine-i 32m 	
lodine-132 	
lodine-133 	 	
Iodine- 1 34 	
lodme-135 	
Indium-ia2 	 ,
lndhjm-184 	 	 	 	
Indjum-ias 	 	 	
lndwm-186 	
lndMn-187 	
Indwnvipe 	
Atomic
Numbef
79
79
79
79
79
79
79
79
72
79
72
72
72
72
72
72
72
72
72
72
72
67
67
67
67
67
67
67
67
67
67
67
1
49
49
49
49
49
49
49
49
49
49
49
49
49
S3
53
S3
53
53
53
S3
53
53
53
53
53
53
53
S3
S3
77
77
77
77
77
77
Proposed
RO(Ci)
10
100
10
10
100
10
100
1000
10
1
100
100
10
0.1
10
10
10
10
0.1
10
100
100
100
100
1000
10
100
1000
1000
1000
100
100
100
10
10
10
100
100
10
100
0.1
10
10
10
1000
10
10
100
10
0.1
0.1
0.1
100
0.01
1
0.1
10
10
1
10
10
10
10
10
10
100
10
APPENDIX B— RADIONUCLIDES—
Continued
Radionuchde
Atomic
Number
lndu.n-189.. 77
i_j..._ .« 	 I "
indium- 190m....
Indium- 190 	
Indium- 1 92m 	 	
lndium-192 	
Indium- 1 94m 	 ".
tndium-194 	
Indium- 1 95m 	
lndium-196 	 	
lron-52 	
lfon-55 	
lron-59 	
IrorvSO 	
Krypton-74 	
Ktypton-76 	
..( 77
.. 77
.. 77
.. 77
77
77
77
77
- 26
.. 26
26
26
. 36
I .1A
Kiypton-77 	 .-. 	 36
Kfypton-79 	 36
Krypton-61 	 36
Kiypton-eSm.. 	 J 90
Krypton-e5m 	
KrvDton-85
•™ jp*»w^*«* •«••»••••»«•••••••
Krypton-87 .............. 	
Krypton-88 	
Lanthanum-iSl 	
Lanthanum-132 	
Lanthanum-135 	
Lantttinun>137 	
lantnanum-138 	
Lantfianunvl40 	
Lanthanum-141 	
Lanthanum-142 	
Lantnanum-143 	
Lead-195m 	
Lead-198
Lead-199 . 1
Lead-200 	
Lead-201 	
Lead-202m. ._
Lead-202. 	
Lead-203 	 • .
Lead-205 	
LflarJ-2fM
LemAaia
Laad-211
Lead-212.. .
Laad.214
Lutettum-169 	 '.
LuteHunvlTO..
Lutrtum.171
Lulattum-ITa
Lutetkim-l 73 	
Lutettum-1 74m 	
Lutetum-1 74 	
Lutetum-1 76m 	
Luteflum-1 76 	
LuteUum-l 77m 	
LutetJum-1 77 	
LuteHum-1 78m 	
Lul9flum-178
Lutetium-179 	 .
Maoneawm-28. .. _,
ManganeaoSl 	 ..,..,„.
Mangane9»S2m 	
Manganesc-52. 	 .
Manganeae-53 	
ManganoBB 54... 	
Manoanes«-56 	
Mendetevwm-257 	
36
36
36
36
57
57
57
57
57
57
57
57
1 57
V
82
82
82
82
82
82
82
82
82
82
82
82
82
71
71
71
71
71
71
71
71
71
71
71
71
71
71
12
25
25
25
25
25
25
101
Proposed
RQ(O)
100
1000
10
100
10
10
10
100
100
100
1000
10
1
10
10
10
100
1000
1000
100
100
10
10
100
10
1000
10
1
10
100
10
100
10
100
10
100
10
10
10
100
100
1000
0.1
100
10
100
10
10
10
10
100
100
10
100
1
10
100
100
100
100
10
1000
10
10
1000
10
10 '
100
	 =^^^=^=
APPENDIX B-RADIONUCLIDES-
Continued
Radionuclide
Mendelevium-258 ..
Mercury-I93m...
Mercury- 193 	
Mercury- 194 	
Mercury- 1 95m 	
Mercury-195 	
Mercury-I97m 	
Mercury-1 97 	 _.
Mercury-I99m 	
Mercury-203 	
Molybdenum-90 	
Molybdenum-93m 	
Motytodenum-93 	
Molybdenum-99 	
Molybdenum-101 	
Neodymium-136 	
Neodymum-138 	
Neodymium.l39m 	
Neodymunvi39 	
Neodyrmum-141 ... 	
Neodyrnium-147 	 	
Neodymum-149 	
Neodyrmum-151 .......'....
Nepturaum-232 	
Neptunum-233 	
Neptunium-234 	
Neptuntum-235 	
Neptumum-236 (1.2 E
Syr).
Neptumum-236 (2U
hr).
Nepturium-237 	
Neptunum-238 	
Nepturuum.239 	
Neptunium-240 	
Nicke4-5B
Nchet-57 	
Nttket-59 	
Nwkel-63 	
NickeMS 	 	
NickeM6 	
N«biuitv«8 	 |
NntMjm-89 (66 mm) .
N«6iunv69(122mm)....
Niobwm-90 	
Niobium-93m 	
Nwbwn>94. 	 	 	
Ntotwm-95 	
Nnbium-96 	
Niotaum-97 	
Nwowm-ae 	
Osnmim-180 	
Osrmum-181 	
Oainwnvia2 	
Osmum-185 	
Osmwnvl89m ...» 	
Osmunvl9im 	
Osmium. 191 	
Osrmum-193 	
Osmkjm-194
PaHadium-100 	
Palladwm-101 	
Palladkim-1 03 	
Palladbm-107 	
Palladhim.109 	
Photphon»32 	 „ 	
Phosphorus-33 	
Atomic
Number
.. 101
80
.. 80
.. 80
. 80
80
60
80
. 80
. 80
. 42
. 42
. 42
. 42
. 42
60
60
60
60
60
60
60
60
93
93
93
93
93
93
93
:
s
28
28
28
28
28
41
41
41
41
41
41
41
41
41
41
41
76
76
76
76
76
78
76
76
76
46
46
46
46
46
15
15
Proposed
R(j(G'
i
1
10
10
1
100
100
100
100
100
10
10
10
100
100
10
100
1000
10
100
1000
100
10
10
10
1000
10
1000
• o.i
100
001
10
100
10
10
10
1000
1000
10
100
10
10
10
1
100
10
100
10
10
10
100
1000
10
10
10
1000
100
100
100
1
100
100
1000
100
1000
1
10

-------
Federal  Register /  Vol. 52. No. 50 / Monday. March 16. 1987  / Proposed  Rules
8185
APPENDIX B— RADIONUCLIDES—
Continued
Radtonuclide
Platinum- 186 	
Platinum- 188
Platinum- 189 	
Platinum- 191 	
Platinum- 193m 	
Platinum- 193 	
Platinum- 195m 	
Platinum- 197m 	
Platinum- 197 	
Platinum- 199 	
Platinum-200 	
Plutonium-234 	
Plutomum-235 	
Plutomum-236 	
Plutonium-237 	
Plutonium-238 	
Plutonium-239 	
Plutomum-240 	
Plutomum-241 	
Plutomum-242 	
Plutonium-243 	
Plutonium-244 	
Plutomum-245 	
Polontum-203 	
Pdonium-205 	
Polonium-207 	
Potonium-210 	
Potassium-40 	
Potassium-42 ._ 	
Potasswm-43 	
Potasaum-44 	
Potassnjm-45 	
Praseodymium-136 	
Praseodymum-137 	
Praseodymunvl38m 	
Praseodymtum-139 	
Praseodymtum-142m 	
Praseodymium-142 	
Praseodymium-143 	
Praseodymium-144 	
Praseodymtum-145 	
Praseodymtum-147 	
Prometruum-141 	
Promethium-143 	
Promethtum-144 	
Promethium- 146 	
Promethium-147 	
Promethium-148m 	
Promethium- 1 48 	
Promethium- 1 49 	
Promethwm-150 	
Proniethnjm- 151 	 ......
Protactinium-227 	
Protactnium-228 	
ProtactirNjm-230 	
Proiacfcmum.231 	
Protactinium-232 	
Protactmium-233 	
Protactmum-234 	
Radium-223 	
Radwim-224 	
Radhim-225 	
Radfum-226.. 	 	
Radium-227 	
RadHjm-228 	
Radon-220 	
Ra«0"-222
Atomic
Number
78
78
78
78
78
78
78
78
78
78
78
94
94
94
94
94
94
94
94
94
94
94
94
84
84
84
84
19
19
19
19
19
59
59
59
59
59
59
59
59
59
59
61
61
61
61
61
61
61
61
61
61
61
91
91
91
91
91
91
91
88
88
88
88
88
88
86
86
Proposed
RQ (CD
10
100
100
100
100
1000
100
100
100
100
10
1000
1000
0.1
1000
0.01
001
0.01
• 1
001
1000
0.01
100
10
10
10
01
100
100
10
10
10
10
1000
10
100
1000
100
100
1000
1000
10
10
100
10
100
10
10
10
10
1000
10
100
100
10
10
0.01
10
100
10
1
10
1
1
100
1
o.r
01
APPENDIX B— RADIONUCLIDES—
Continued
Radtonuclide
Rhentum-177 	
Rhenium-178 	
Rhemum-181 	
Rhenium-182 (12.7 hr)
Rhemum-182 (64.0 hr)
Rhenium- 1 84m 	
Rhenium- 184 	
Rhernum-186nt 	
Rhemum-186 	
Rhenium- 187 	
Rhenium-I88m 	
Rhenium- 188 	
Rhenium-189..
Rhodnjm-99m 	
Rhodium-99 	
Rhodtum-1On
Rhod*im-101m 	
Rhodujm-101 	
Rhodium- 1 02m
Rhodium-102 	
Rhodium- 103m 	
Rhodium- 105 	
Rhodium-106m 	
Rnodium-107 	
Rubidium-79 	
RubKfcum-81 m 	
RubKfcum-81 	
Rut*fcjm-82m_. 	
RubKtaim-83 	
Rubidium-84 	
RutMdnim-66 	 	
RuWdhim.87 	
RuMhjnvM 	
Rubtdwm-89 	
Rutnemum-94 	 	
Rutnemum-97 	
Ruthenium- 1 03 ._ 	
Ruthenium- 105 	
Rutherwjm-106 	
Samarium- 1 41 m 	
Samanum-141 	
Samanum-142 __ 	
Samanun>145 	 	
Samarium-148 	
Samanum-147 	 	
Samanum-151 	 	
Samanum-153 	
Samanum-155 	
Samanum-156 	
Scandlum-43 	
Scandmnv44m 	
ScandiunvM 	
Scandum>46 	
Scandium-47 	
Scandium-48 	
Scandium-49 	
Setenhim-70 	
Selemum-TSm 	
Selennjm-73
Setemum-75 	
Setonium.79 	 _ 	
Setenhim-81m 	
Selemum-81 	
Setentum-83 	
Snicon-31 	
SikGon-32
Silver-102
Slvef-103 	
Atomic
Number
75
75
75
75
75
75
75
75
75
75
75
75
75
45
45
45
45
45
45
45
45
45
45
45
37
37
37
37
37
37
37
37
37
37
44
44
44
44
44
62
62
62
62
62
62
62
62
62
62
21
21
21
21
21
21
21
34
34
34
34
34
34
34
34
14
14
47
47
Proposed
RQ(Ci)
10
10
10
10
10
100
10
10
100
1000
1000
100
100
10
10
10
100
100
10
10
1000
100
10
100
10
100
10
10
10
10
100
1000
10
10
10
100
10
10
1
10
10
100
100
0.01
0.01
10
1000
100
100
100
10
10
10
100
10
1000
100
100
10
100
100
1000
1000
10
100
1
10
to
APPENDIX B— RADIONUCLIDES—
Continued
Radionuchde
Silver- 104m 	
Silver-104 	
Silver- 105 	
Silver- 106m 	
Silver- 106 	
SilveMOBm 	 _..
Silver-IIOni 	
Sirver-111 	
Sdver-112 	
Silver-US
Sodwnv22 	
Sodium-24 	

Strontium-83 	
Strontwm-eSm 	
Strontium-85 — 	
Strontium-BTni 	
<*tmntHifn.QA
Strontium-91 	
Strontmm-92 	 	
Sulfur-35. 	
Tantalum- 1 72 	
Tantalum- 1 73 	
Tantalum- 1 74 	
Tanflnhjfihl 74
Tantalum-176 	
Tantalum- 1 77 	
TantaJum-178 	
Tantalum-179 	
Tantalum-I80m 	
Tamahim-180 	
Tantalum-lB2m 	
Tantalum-182 	 — 	
Tantalum-183 	
Tantalum- 184 	
Tantalum-185 	
Tantalum* 1 0A
Technetium-93m 	
Technetum-94m 	
Technetium-96m 	
Technetum-98 	
Technebum-97m 	
Technetium-97
Tecnnetium-98 	
Technetium-99m 	
Technetium-99 	
TecnnetninvlOl 	
Tecrmetwm-104 	
Tellurium- 1 16....... 	 	
Tellurium- 121m 	
Tellunum.121 	
Tellurium- 1 23m
Tellunum-123 	
TeUunum-125m 	
Tellurium- 127m 	
Tellunum-1 27 	
Tellunum-I29m 	
Tellunum-129 	 	
Telluraim-I3lm... 	
Tellunum-131 . 	 	
Tellunum.132 	 	
Tellunum-1 33m 	
Tellunum-1 33 	
Tellunum-1 34 	
Atomic
Number
47
47
47
47
47
47
47
47
47
47
11
11
38
38
38
38
38
38
38
38
38
38
16
73
73
73
73
73
73
73
73
73
73
73
73
73
73
73
73
43
43
43
43
43
43
43
43
43
43
43
43
43
52
52
52
52
52
52
52
52
52
52
52
52
52
52
52
52
Proposed
RO (Ci)
10
100
10
10
10
10
10
100
10
100
100
1
10
"10
100
100
10
100
• 10
1
10
10
10
10
100
10
10
10
100
100
1000
1000
10
100
10
10
10
100
10
10
10
10
10
1000
10
100
1000
10
100
100
100
10
100
100
10
100
100
100
100
1000
100
100
10
100
100
:oo
10
10

-------
8186
Federal Register /  Vol. 52. No. 50 / Monday. March  16. 1987 / Propped Rules
«rrcwuiA B— HADIONUCLIDES—
Continued
Radionuclide
Terbium- 147 	
Terbium- 149 	
Terbium- iso
Terbium-151 „
Terbium-153 	
Terbium- 154 	
Terbium- 155 	
Terbium- 156m (50 hr).
Terbium- 156m (24.4 hr]
Terbium- 156 ..._ 	 _.
Terbium-157 	 '",
Terbium. 158 	
Terbium- 1 60 	 _......!.".
Terbium- 161 	
Thallium- 1 94m ....!..""."!"
Thallium- 194 . 	 	
Thallium- 195
Thallium- 197 	 "™"."
ThaUum-l 98m ._ 	
Thallium- 198
Thallium-199 	
Thallium-200 	
Thalluim-201 	 _ 	 I 	
Thalkum-202 	
Thallium-204 	 	 	 '.
Thonum-226 	 _ 	 _....
Thonum-227 ...
Thonum-228 	 _ 	
Thonum-229 	 _ 	 ".
Thonum-230 	
Thooum-231 	 ""
Thonum-232 	 _ 	 	
Thonum-234. 	 	 '.
Thuhum-162...._ 	
Thuhum-166 	 	
Thuhum-167 	
Thulium- 170 	
Thulium-171 	
Thuhum-172 	
Thuhum-173 	
Thulium- 175 . ..._ 	
Tin-110 .
Tm-1 1 1 	 _....
Atomic
Number
65
65
65
65
65
65
65
65
65
65
65
65
65
65
81
81
81
81
81
81
81
81
81
81
81
90
90
90
90
90
90
90
90
69
69
69
69
69
69
69
69
50
50
Proposed
RQ(Ci)
10
10
10
10
100
10
100
1000
1000
10
100
10
10
1000
10
10
10
100
10
10
100
10
1000
10
100
100
t
0.01
0.001
0.01
100
0001
1000
10
10
100
10
100
10
10
10
100
100
APPENDIX B— RADIONUCLJDES—
Continued
Radionudide
Tin.ii3.._
Tm-1l7m 	 	
Tin* 1 19m
Tin-121m 	
Tin-121 	 _
TirH23m 	 _
Tin-123 	
Tin-125 	 _ 	
Tin-126 	 _....
Tin-127 	 _...
Tin-128 	 _ 	 	
Titannim-44 	 	 	
Titanium-45 	 	
Tungsten- 1 76 	 	 	
Tungsten- 1 77 	 	
Tungsten- 1 78 	 	
Tungsten- 1 79 — 	 _ 	
Tungsten- 1 81 	 	
Tungsten-185 _ 	 _ 	
Tungsten-187._ 	 	
Tungsten- 1 88 	 	 _ 	
Uranum-230 	 	 	
Uranwm-231 	 	
Urafwm-232 	 	
Uramum-233 	 	
Uranum-234 	 	
Uranum-236 	
Uranum-237 	
Uranum-238 	
Unuwm-239 	
Uranun-240 	 	
Vanadium-47 	
Vanadnim-48 	 	
Vanadium-49 	
Xenon- 120 	 	
Xenon- 1 21 	 __ 	 	
Xenon-123 	 __ 	 	
Xenon-125 	 	 	
Xenon-127 	 	 	 	
tenon- 129m 	 	 	
Xenon-I3lm 	 	 	
Atomic
Number
50
50
50
50
50
50
50
50
SO
50
50
22
22
74
74
74
74
74
74
74
74
92
92
92
92
92
92
92
92
92
92
92
23
23
23
54
54
54
54
54
54
54
54
Proposed
RO(G)
100
100
too
100
1000
100
100
too
10
10
10
1
100
100
10
100
1000
1000
100
10
10
0,14
1004
0.014
0.14
0.14
0.14
0.14
104
0.14
10004
104
1000
10
1000
10
10
too
10
100
10
1000
1000
APPENDIX B— RADIONUCLIDES—
Continued
Radnnuchde
Xenon- 133m 	
Xenon- 133 	 ".
Xenon- 135m... 	
Xenon-135 	 _ 	
Xoftnn.1ia
YtieftMim-162 	
Ytterbium-166 	
Ytterbium- 1 67 ._ 	
Ytterbium-l69_ 	
Ytterbium-l75_ 	
Ytterbium-l77._ 	
Ytterbium-l78.._ 	 _... .
Ynnum-86m 	 	
Yttnum-86.. 	 	
Ynnum-87 	 	
Yttnum-88 	 _
Yttnum-90m . 	 	
Yttnum-90. 	 	
Yttnum-gim 	
Yttnum-91 	
Yttnum-92 	 '.
Yttrium-93 	 	
Yttnum-94 	 	 	
Yttnum-95 	
Zmc-62 	
Zmc-63 	
Zinc -65
Zinc-69m ..._. 	 	
Zinc-69 	 	 	 	
Zinc-7lm 	 	 	
Zinc-72 	 	
Zircormim-86 	 	
Zirconiurn-B8 	 	
Zircorttum-89 	 	
Zircontum-95 	 	
Ziroomum-97..

Atomic
Number
54
54
54
54
54
70
70
70
70
70
70
70
39
39
39
39
39
39
39
39
39
39
39
39
30
30
30
30
30
30
30
40
40
40
40
40
40
Proposed
RO(C
100
100
10
10
10
100
10
100
100
100
100
100
100
10
10
10
10
too
10
10
100
100
10
10
10
100
10
10
1000
10
10
too
10
100
1
10
10
4 The adjusted RO of one cune applies to
all radonuclides not otherwise listed, except
uranyt nitrate and uranyt acetate whose final
adjusted RQs are 100 pounds.
FR Doc. 87-343 Filed 3-13-87; ft45 am)

-------
 0590
Federal  Register  /  Vol   52.  No  53  / Tnursdav.  Marcn  19  1987  /  R-j.es  and
 procedures for Office of Management
 and Budget (OMB) Circular A-76
 comparisons of retirement costs.
   2 Background On October 29.1986.
 OMB issued Transmittal Memorandum
 No 4 which revised OMB Circular A-76
 procedures for calculation and
 comparison of retirement costs. The new
 procedure provides for the deduction of
 social security (except medicare) and
 thrift/profit sharing plan contributions
 from the price offered by the contractor
 selected for comparison with the
 Government's in-house bid. A
 solicitation provision has been
 developed and is being prescribed for
 use in order to obtain the retirement
 costs and substantiating documentation
 from contractors.
   ^..Effective date. March 9.1987.
   4 Expiration date. This circular
 expires September 8.1987. unless
 canceled earlier.
   5. Explanation of changes.
   a. Section S07.30S is amended to
 designate the current text as paragraph
 (a) and to add paragraph (b) to read as
 follows:

 507.305  Solicitation provision*) and
 contract ctauM0»
   (a)' • •
   (b) The contracting officer shall insert
 the provision at section 552.207-71.
 Social Security (except Medicare) and
 Thrift/Profit Shanng Plan Contnbutiona.
 in all solicitations issued for the purpose
 of companng the costs of contractor and
 Government performance of work.
   b. Section 507.306 is added to read as
 follows:

 507.306  Evaluation.
   (a) The social security and thrift/
 profit sharing plan contributions will not
 affect the determination of the low
 responsive offer and should not be
 included on the abstract of offers. The
 contributions should not be announced
 at the public bid opening, but should be
 included on the cost comparison form
 and made available during the public
 review period.
  (b) Contracting officers shall request
 documentation verifying contributions
 from the low responsive responsible
 offerer only if the contributions will
 affect the outcome of the cost
 comparison. The documentation
 provided by the low offerer should not
 be released to other offerers.
  c. Section 552.207-71 is added to read
 as follows:

 552.207-71 Social Security (Except
Medicare) end Thrift/Prom Sharing Plan
ContrtDtitlone»
  As prescnbed in section S07.305(b).
insert the following provision:
                             Social Security (Except Medicare) and Thnft/
                             Profit Shanng Plan Contributions

                               la) To prov iae for consistency of
                             ccrr.oar:son between Government and
                             Co-trac'ar costs, contributions to the Social
                             Security Fund (except medicare) and any
                             'K-ift/profit sharing plan costs included in the
                             price submitted by the offerer selected to
                             compare costs with the Government may be
                             deducted from that price for purposes of
                             comparison with the Government's in-house
                             bid.
                               (b) Offerers may provide, in the space
                             provided in paragraph (h). the estimated
                             contributions discussed above  The estimated
                             contributions must be limited to those costs
                             that would be allocable to a contract
                             awarded under this solicitation for each year
                             of the contract period, including option years.
                               (c) Estimated contributions to thrift/profit
                             sharing plans to be deducted from the
                             offerer s pnce shall be limited to the
                             hifioncal costs incurred by the offerer in the
                             tax year previous to the solicitation date on •
                             per employee basis. Thrift/profit sharing
                             plans must be recognized by the Internal
                             Revenue Service (IRS). Cost estimates that
                             reflect improved plans will be accepted to the
                             extent that the historical data justify the
                             estimates used.
                               (d) For purposes of this provision, a thrift/
                             profit sharing plan is defined as:
                               A deferred  compensation arrangement in
                             which an employee can contribute after-tax
                             contributions to an individual account
                             maintained in his/her behalf which may also
                             receive matching employer contributions at
                             some specified rate up to a maximum. A
                             "thrift/profit sharing plan" includes a profit
                             sharing plan as defined by 26 CFR 1.401-
                             l(b)(l)(il) and a stock bonus plan  as defined
                             by 26 CFR 1401-l(b)(l)(lii). A thrift/profit
                             sharing plan is not a "pension plan" as
                             defined in 26 CFR 1.401-l(b)(l)(l).
                               (e) Upon the request of the Contracting
                             Officer, the low responsive offerer selected to
                             compare costs with the Government agrees to
                             provide, within S working days of the request
                             all documentation necessary to verfly the
                             reasonableness of the social security and the
                             thrift/profit shanng plan coat estimates
                             submitted. Such documentation shall include.
                             but is not limned to. the relevant pages of the
                             corporate IRS submission for the tax year
                             immediately prior to the date of the request
                             the number of contractor employees, the
                             number of employees  in the thrift/profit
                             shanng plan, the number of employees
                             included in the pnce offered and any labor
                             hour worksheets used to develop the social
                             security or thrift/profit shanng plan
                             contnbuhons submitted with the offer.
                               (f) Failure to submit the estimated
                             contributions or to provide the requested
                             documentation supportive of the estimated
                             contnbutiona will not  make the offer
                             nonresponsive. Such failure will however.
                             negate the offerer's opportunity to have such
                             costs deducted in whole or in part from the
                             pnce offered in the cost comparison with the
                             Government's in-house bid.
                               (g) Disagreements between the offerer and
                             the Contracting Officer over the validity of
                             estimated social secunty or thnft/profit
                             shanng plan contributions, which cannot be
rpsoKed by ;he offerer and the Contra:- -j
Officer will be resolved >lv: .ST :'~e Cene-^l
Services Adminstration A~~6 ^d.— i-isirj  *e
Appeal Process established under OMB
Circular A-76 and Section 7 307 C'lap'e' 1
Title 48 Code of Federal Regulations
  (h| Offerer social securit) and thrift-pro: :
sharing plan contributions oy >ear The
contributions indicated below will not be
used in the Government s determination of
either responsiveness or responsibility


              [  SOCIM Svcufny  .  •
   TOM
  (i) The successful commercial offer will be
determined on the basis cf the price offered
and a determination that the low offer is
responsive and the offerer responsible  The
offer will then be compared with the
Government bid. after the appropriate social
secunly (except medicare) and thrift/profit
shanng plan deductions have been made.
(End of provision)

  Dated: March 9.1967.

Patricia A. Siervo.
Associate Administrator for Acquisition
Policy.

|FR Doc. 87-5684 Filed 3-18-67 8 45 am)
DEPARTMENT OF TRANSPORTATION

Research and Special Programa
Administration

4ft CFR Parts 171,173,174.175, 176,
and 177

[Docket Ho. HM-145E. Amdt. Nes. 171-92.
173-200,174-62.175-40,176-25, end 177-
691

Reportabte) Quantity of Hazardous
Subatanca*

AQINCV: Research and Special Programs
Administration. (RSPA). DOT.

ACTION: Final rule.

SUMMARY: This document removes an
obsolete hazardous substance discharge
reporting requirement from the
Hazardous Matenals Regulations and
adopts a note in place thereof that
draws attention to existing reporting
requirements contained in U.S.
Environmental Protection Agency
Regulations. This action is necessary to

-------
              Federal  Register / V0|  52. No. 53  / Thursday  March 19.  ift,/ / Ruies and Resui--.cn
                                                                       8591
  remove an obsolete and misleading
  requirement from the regulations.
  EFFECTIVE DATE: Apnl 20. 19b7
  FOR FURTHER INFORMATION CONTACT.
  Thomas Charlton. Standards Division
  Office of Hazardous Materials
  Transportation. RSPA. 400 Seventh
  Street. SW.. Washington. DC 20590.
  (202) 366-4488.
  SUPPLEMENTARY INFORMATION: On fune
  23. 1986. RSPA published a notice of
  proposed rulemaking (NPRM) under
  Docket HM-145E (51 FR 22902) entitled:
  Reportable Quantity of Hazardous
  Substances. The notice proposed to
  amend DOTs Hazardous Materials
  Regulations (HMR. 49 CFR  Parts 171
  through 179) by incorporating into the
  HMR many new hazardous substances
  with  their reportable quantities and
  adjusting the reportable quantities of
  hazardous substances already in the
  HMR. In addition, the NPRM proposed
  to change the definition of "hazardous
  substance", as it is defined  in § 171.8 of
  the HMR. and to change the reporting
  requirement for discharges of hazardous
  substances found at § 171.17. Both
  proposals were in response to actions
  taken by the U.S. Environmental
  Protection Agency (EPA) in  a final rule
 published in the Federal Register on
 Apnl  4.1985. (50 FR 13456) pursuant to
 that agency's authority under section
 102 of the Comprehensive
 Environmental Response.
 Compensation, and Liability Act
 (CERCLA).
   On  October 18.1988. the President
 signed the Superfund Amendment and
 Reauthonzanon Act (SARA) of 1988
 (Pub. L. 99-499). In amending CERCLA.
 Congress required, inter alia that within
 30 days the Secretary of Transportation
 list and regulate all hazardous
 substances designated under section
 101(14) of CERCLA. In response to this
 Congressional mandate. RSPA
 published a final rule  on November 21.
 I960, under Docket HM-145F (51 FR
 42174). The rule listed and regulated all
 hazardous substances at the reportabto
 quantities designated by EPA pursuant
 to their authorities under section 102 of
 CERCLA and incorporated all
 hazardous substances into the HMR. It
 dealt with most of tfa* issues raised in
 Docket HM-145E with the exception of
 the reoorting requirement at  1171.17.
 The amendments adopted herein deal
 with that issue.
  Hazardous substances first appeared
 in the HMR in 1980. They were
designated by EPA. each with a
reportable quantity, in 1978 pursuant to
section 311 of the Federal Water
Pollution Control Act (FWPCA). While
the original FWPCA substances were
  later incorporated into the list of
  CERCLA hazardous substances, they
  were wa?er pollutants, and the FWPCA
  required that "discharges ' of these
  materials be reported. "Discharges"
  were defined in the FWPCA as spills to
  the waters  of the United States or
  adjoining shorelines. EPA and the Coast
  Guard, who have spill response and
  clean up responsibility for both oil and
  hazardous substances under the
  FWPCA. published separate regulations
  requiring that discharges of these
  matenals be reported to the Coast
  Guard's National Response Center
  (NRC). The Coast Guard reporting
  requirements are found at 33 CFR Part
  133. and EPA's at 40 CFR Part 117. When
  RSPA placed these original hazardous
 substances  in the § 172.101 Table in
 1980. it also placed a reporting
 requirement for their discharge in the
 HMR at § 171.17 which was similar to
 the EPA and the Coast Guard
 requirements. Section 171.17 presently
 requires that the owner or operator of a
 facility (including a transport vehicle)
 report to the NRC any discharge of a
 hazardous substance into the navigable
 waters or upon adjoining shorelines as
 soon as he has knowledge of the
 discharge.
   In addition to adding many hazardous
 substances to those already designated
 pursuant to the FWPCA. CERCLA
 expanded the scope of spill reporting to
 the biosphere (i.e.. navigable waters.
 ground water, earth, and air). Under
 CERCLA. a "release" (a term which
 replaced "discharge") of a  hazardous
 substance in a reportable quantity to
 any of these environmental media must
 be reported under CERCLA. With
 advent of CERCLA. the reporting
 requirement at 1171.17 has become both
 obsolete and misleading, since it
 references only spills threatening water.
 Section  103 of CERCLA contains specific
 requirements to report "releases" to the
 NRC. In addition. EPA published a
 second hazardous substance reporting
 regulation in 40 CFR Part 302 requiring
 reporting of "releases" of hazardous
 substances to the NRC
  In its NPRM (Docket HM-145E). RSPA
 proposed either to revise 1171.17 to
 reflect the expanded reporting media, or
 to remove 1171.17 from the HMR. RSPA
 received one comment on the proposed
 revisions to 1171.17 from EPA. urging
 that 1171.17 be retained but corrected to
 reflect the CERCLA requirements. No
other persona commented on hazardous
 substances reporting. Based on a review
of this issue. RSPA is removing 1171.17
and references to that section from the
HMR. However. RSPA Is incorporating a
note drawing attention to existing EPA
regulations requiring that an owner or
 operator of a CERCLA-coversd facility
 report each hazardous subsiance release
 to the NRC RSPA has taken -.-.,$ dci.or.
 because §  171.17 duplicates r-.!es
 promulgated by both EPA and Co.'
 Guard There is no basis to conrl
 another reporting requirement, us      e
 authority of the Hazardous Materials
 Transportation Act (HMTA). would
 enhance safely or environmental
 protection. Indeed, it could confuse the
 regulated community. RSPA believes
 that it is better to reference EPA
 regulatory  requirements than to attempt
 to duplicate them in the HMR.
 Review by Sections

  Section 171.13. which requires
 immediate  reporting of certain
 hazardous  materials spills, is revised by
 including a note drawing attention to
 EPA requirements at 40 CFR Part 302 to
 report releases of hazardous substances
 to the National Response Center.
  Section 171.17 is removed and
 reserved.
  Section 173118a is revised by
 removing the reierence to S 171.17 m
 paragraph (b)(6).
  Section 174 45 is revised by removing
 the reference to { 171.17.
  Section 175.45 is're vised by removing
 paragraph (d) which references § 171.17.
  Section 176.48 is revised by removing
 the reference to { 171.17 m paragraph
 (b).
  Section 177.807 is revised by re-      j
 the reference to { 171.17.

 Administrative Notices
 Executive Order 12291

  The RSPA has determined that the
 effect of this final rule will not meet the
 critena specified in section l(b) of
 Executive Order 12291 and is. therefore.
 not a major rule. This is not a significant
 rule under DOT regulatory procedures
 [44 FR 11034| and requires neither a
 Regulatory  Impact Analysis, nor an
environmental impact statement under
the National Environmental Policy Act
[49 U.S.C 4321 et sea.]. A regulatory
evaluation is available for review m  the
Docket

Impact on Small Entities

  Based on limited information
concerning  the size and nature of the
entities likely to be affected. I certify
this rule will not as promulgated, have a
significant economic impact on a
substantial  number of small entities
under criteria of the Regulatory
Flexibility Act.
  The following list of Federal Register
Thesaurus of Indexing Terms apply to
this rulemaking:

-------
8592      Federal Register / Vol  52.  No  53  /  Th-j.-sd.u'  Starch 19. 19fl7 / Rules  and  Regulations
List of Subjects

•19 CFR Part 171

  Hazardous materials Cdospori.itinn.
Definitions.
        P.?,-' 173

   Hazardous materials transpur'dtion.
 Packaging and containers.

 49 CFR Part 174

   Hazardous matennls trnnsporta':on.
 Rail earners.

 49 CFR Pert 175

   Hazardous matenals transportation.
 Air camera.

 49 CFR Part 176

   Hazardous materials transportation.
 Maritime earners.

 49 CFR Part 177

   Hazardous matenals transportation.
 Motor earners.

   In consideration of the foregoing.
 Parts 171.173.174.175.178. and 177 of
 Title 49. Code of Federal Regulations
 would be amended as follows:

 PART 171—GENERAL INFORMATION,
 REGULATIONS, AND DEFINITIONS

   1. The authority citation for Part 171
 continues to read as follows:
  Authority: 49 U.S.C 1802.1803.1804. and
 1308. and 49  CFR Part 1. unless otherwise
 noted.

   2. In { 171.15. a note is added after
 paragraph (c). as follows:

 «171.15  Immediate notice of certain
 hazardous materials Incidents.

   (c)  ' ' '
  Note.—Under 40 CFR 302.8 EPA requires
 persons .n charge of facilities (including
 transpor. vehicles, vessels, and aircraft) to
 report an\ '"lease of a hazardous substance
 m a quji:t.ty equal to or greater than its
 raportable quantity  as soon as that person
 has knowledge of the release, to the U.S.
 Cojst Guard National Response Center at
 (Mil free) 800-1:4-8402 or (toll) 202-287-2875.

 $171.17 [Removed and reserved)
  3 Section 171.17 is removed and
 reserved.

PART 1*3—SHIPPERS-GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS

  4. The authonty citation for Part 173 is
revised to read as follows:
 Authority: 49 U.S.C 1803. 1804. 1805.1808.
1809: 49 CFR  1.53(e). 1.53. App. A to Part 1. 49
USC. 1855.1855(C).

  S. In 1173.118a. paragraph (b)(6) is
revised to read as follows:
5 173.118a  Exceptions for combustible
liquids.
                                         (6) Reporting incidents as prescribed
                                       by §§171.15 and 171 16 of this
                                       subchapter and
                                       PART 174—CARRIAGE BY RAIL

                                        6. The authority citation for Part 174 is
                                       revised to read as follows:
                                        Authority: 49 U S.C 1803.1804.1808: 49
                                       CFR 1 53(e|. 1 53. App. A to Part 1.

                                        7 Section 174.45 is revised to read as
                                       follows:

                                       § 174.45 Reporting hazardous materials
                                       Incidents.
                                        When any incident occurs during
                                       transportation in which a  hazardous
                                       material is involved, a report may be
                                       required (see {§ 171.15 and 171.16 of this
                                       subchapter).

                                       PART 175-CARRIAGE BY AIRCRAFT

                                        8. The authority citation for Part 175 Is
                                       revised to read as follows:
                                        Authority: 49 U.S.C 1803.1804.1808,1807.
                                       1808: 49 CFR 1.53(c). 1.33. App. A to Part 1.

                                        9. In 1175.45. paragraph (d) is
                                       removed as follows:

                                       9175.45  Reporting hazardous materials
                                        (d) [Reserved]

                                      PART 176-CARRIAGE BY VESSEL

                                        10. The authority citation for Part 176
                                      is revised to read as follows:
                                        Authority: 49 U.S.C 1803.1804.1805.1808:
                                      49 CFR 1.53. App. A to Part 1.

                                        11. In 1178.48. paragraph (b) is
                                      revised to read as follows:

                                      1178.4* Situation requiring report.
                                      •    •     •     •     •

                                        (b) When an incident occurs during
                                      transportation in which • hazardous
                                      matenal is involved, a report may be
                                      required (see  |§ 171.15 and 171.18 of this
                                      subchapter).
                                      PART 177—CARRIAGE BY PUBLIC
                                      HIGHWAY

                                        12. The authonty citation for Part 177
                                      is revised to read as follows:
                                        Authority: 49 U S.C. 1803.1804.1808: 49
                                      CFR 1.33(e). 1.53. App. A to Part 1.

                                        13. Section 177.807 is revised to read
                                      as follows:
§ 177.807  Reporting hazardous matenals
incidents.
  When an incident occurs during
transportation in which a hazardous
material is involved, a report may oe
required (see \\ 171.15 and 171 16 of this
subchapter).

  Issued in Washington. DC. on March 12.
1987. under authonty delegated in 49 CFR
1S3.
M. Cynthia Douglass.
Administrator. Research and Special
Programs Administration.
(FR Doc. 87-5901 Filed 3-18-67. 8 45 am)
                                      DEPARTMENT OF COMMERCE

                                      National Oceanic and Atnw^oherlc
                                      Administration

                                      50 CFR Parts) 611 and 67S

                                      [Docket No. 61225-7052)

                                      Groundf Ish of the Boring Sea and
                                      Aleutian (aland*

                                      AOINCY: National Marine Fisheries
                                      Service (NMFS). NOAA. Commerce.
                                      Acnott Final rule.	

                                      SUMMAMV: NOAA issues s final rule to
                                      implement Amendment 10 to the Fishery
                                      Management Plan for the Croundfish
                                      Fishery in the Bering Sea and Aleutian
                                      Islands Area (FMP). Amendment 10
                                      contains four parts which will (l) close
                                      an area of the exclusive economic zone
                                      (EEZ) in the Bering Sea to all
                                      commercial fishing with trawl gear, set
                                      limits on incidental catches of Tanner
                                      and red king crabs and Pacific halibut in
                                      Bering Sea foreign and domestic
                                      fisheries for yellowfin sole and other
                                      flatfish, and require that these fisheries
                                      cease when the incidental catch limits
                                      are reached: (2) require weekly catch
                                      reports from catcher/processor end
                                      mothership vessels regardless of when
                                      their catch is landed: (3) provide
                                      authority to the Secretary of Commerce
                                      (Secretary) to make certain inseason
                                      changes to gear regulations, seasons.
                                      and harvest quotas, and (4) provide the
                                      Secretary with specific inseason
                                      authority to reapportion surplus
                                      amounts of groundfish within the
                                      domestic allowable harvest category.
                                      These measures are intended to respond
                                      to biological, socioeconomic. and
                                      administrative problems  that have been
                                      identified by the North Pacific Fishery
                                      Management Council (Council).
                                         In addition. NOAA is making other
                                      regulatory changes to clanfy domestic
                                      reporting requirements. These additional
                                      regulatory changes are not part of

-------

-------
Thursday
April 2, 1987
Part IV


Environmental

Protection  Agency

40 CFR Part 110
Water Programs; Discharge of Oil; Final
Rule

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10712       Federal  Register / Vol.  52. No. 63 / Thursday. April 2.  1987 / Rules  and  Regulations
ENVIRONMENTAL PROTECTION
AGENCY

40CFRPart 110
[FRL 3119-6]

Water Programs; Discharge of Oil

AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.

SUMMARY: The Environmental Protection
Agency is amending the discharge of oil
regulation (40 CFR Part 110). which
implements section 311 of the Clean
Water Act (CWA). The original
regulation established a trigger for
notifying the federal government of oil
discharges that are harmful to public
health or welfare. The regulation
defined a harmful quantity as the
amount of oil that violates applicable
water quality standards or causes a film
or sheen upon or discoloration of the
surface of the water or adjoining
shorelines or causes a sludge or
emulsion to be deposited beneath the
surface of the water or upon adjoining
shorelines. It has come to be known as
the "sheen regulation."
  Today's regulation incorporates the
1977.1978. and 1980 amendments to
section 311 of the CWA and implements
section 18(m)(3) of the Deepwater Port
Act (DWPA) of 1974 by designating a
harmful quantity for DWPA purposes. In
addition, the Agency is responding to
two suggestions by industry for
modifications to the requirements of 40
CFR Part 110. The intended effect is to
upgrade the oil spill notification
requirements.
EFFECTIVE DATE: May 4.1987.
FOR FURTHER INFORMATION CONTACT:
Hubert Walters. Response Standards
and Criteria Branch. Emergency
Response Division (WH-548/B), U.S.
Environmental Protection Agency. 401 M
Street. SW.. Washington. DC 20460.
(202) 382-2463. or the RCRA/Superfund
Hotline. (800) 424-9346 (in Washington,
DC. 382-3000).
SUPPLEMENTARY INFORMATION: The
proposed rulemaking was published on
pages 9776-9783 of the Federal Register
of March 11.1985. and invited comments
for 60 days ending May 10.1985. The
comment period was subsequently
extended to July 1.1985. Comments
were  received from over 50 sources, and
today's preamble summanzes the
comments, suggestions, and actions
taken.
  The contents of the preamble are
listed in the following outline:
I.  Introduction
II   Changes from Proposed to Final Rule
HI.  Statutory Provisions Affecting the Oil
    Discharge Regulation
  A 1977.1978. and 1980 Statutory
    Amendments
    1 Extension of Geographical Scope
    2. Modification of Harmful Quantity
    3 Exemption of Discharges Subject to
    Section 402 of the CWA
    4 Exemption of Discharges Permitted
    Under MARPOL 73/78
  B Deepwater Port Act of 1974
IV.  Other Sections of the Oil Discharge
    Regulation
V.  Requests for Changes in the Oil
    Discharge Regulation
  A. Volumetric Alternatives to Sheen Test
  B. Special Use Applications of Oil
VI.  Summary of Supporting Analyses
  A. Classification and Regulatory Impact
    Analysis
  B Regulatory Flexibility Act
  C. Paperwork Reduction Act
Vll.  List of Subjects in 40 CFR Part 110
I. Introduction
  On March 11.1985, the Environmental
Protection Agency (EPA) proposed
amendments to the discharge of oil
regulation (40 CFR Part 110). The March
11.1985 preamble discussed in detail the
nature and purpose of the proposed
amendments.
  Today, EPA is promulgating final
amendments to the regulation. In
preparing the amendments to the
regulation, EPA has carefully considered
all of the public comments submitted on
the proposed amendments and is
making some modifications in response
to those comments. Major issues raised
by commenters are addressed in this
preamble. A summary of all comments
and EPA's response to each is included
in the Responses to Comments
Documents, which may be found in the
public docket for this rulemaking.'
  Section II of this preamble
summarizes those changes made to the
March 11,1985, proposed rule. Statutory
provisions, addressed in Section III of
this preamble, include the following:
  1. Extension of geographical scope of
section 311 of the Clean Water Act (CWA)
from the contiguous zone seaward to
approximately 200 miles.
  2. Modification of the harmful quantity
definition from discharges of such quantities
of oil that "will be harmful" to the public
health or welfare of the United States to such
quantities that "may be harmful" to the
public health or welfare of the United States.
  3. Exemption of oil discharges subject to
CWA section 402 National Pollutant
Discharge Elimination System (NPDES) from
coverage under section 311 provisions.
  4. Incorporation of the provisions under the
International Convention for the Prevention
of Pollution from Ships. 1973. as modified by
the Protocol of 1978 (MARPOL 73/78). Annex
I.
  5. Definition of harmful quantities of oil for
purposes of section 18(m)(3) of the Deepwater
Port Act of 1974 (DWPA).
  Section IV discusses other sections of
40 CFR Part 110, and Section V
addresses two suggested changes
requested by the regulated community
for which comments were solicited in
the preamble to the proposed rule. They
are:
  1. A request by Chevron to consider a
volumetric amount of oil discharge as a
trigger for notification to replace the sheen
test.
  2. A request by Esgard that EPA exempt its
vegetable oil product, a corrosion  inhibitor in
ballast tanks, from the oil discharge
notification requirements.
  Section VI presents a summary of
supporting analyses, and Section VII
provides a list of subjects addressed by
this rulemaking.
II. Changes From Proposed To Final
Rule
  This section summarizes the
substantive changes that have been
made to the proposed rule. Four
definitions have been modified slightly
and one has been deleted.  Modifications
have also been made to the sections of
the rule concerning applicability.
prohibited discharges, demonstration
projects, notice, and DWPA discharges.
A copy of the final rule indicating all
changes from the proposed rule has
been placed in the docket for this
rulemaking and is available for public
inspection. The following summary is
organized in the same order as the
discharge of oil regulation (40 CFR Part
110) itself.
   Section 110.1. The definition of
"applicable water quality standards"
has been amended to be consistent with
the EPA  water quality regulation. 40
CFR Part 131. The proposed definition in
§ 110.1 stated that applicable  water
quality standards were State standards
"adopted by the State and approved by
EPA... or promulgated by EPA. . ." In
contrast. 40 CFR 131.21(c) states that:
  A State water quality standard remains in
effect, even though disapproved by EPA, until
the State revises It or EPA promulgates a rule
that supersedes the State water quality
standard.
   Accordingly, the words "and
approved by EPA" have been deleted
from the definition of applicable water
quality standards in § 110.1 of the final
rule.
   A reference to section 311 of the CWA
has been added to the definition of
"discharge" to clarify that a different
definition, as provided  in § 110.11,
applies to the DWPA.
   The regulatory explanation of the 1977
amendment language which extended
the scope of section 311's coverage
beyond 12 miles has been  deleted from

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             Federal Register / Vol. 52. No. 63 / Thursday. April 2, 1987  /  Rules and Regulations       M713
40 CFR Part 110 because a number of
comments indicated confusion regarding
the scope of the specific statutory
language and the applicability of
discharge reporting requirements within
the area covered by the language. Under
the pre-1977 statutory language of
sections 311 (b)(3) and (b)(5), all
prohibited discharges of oil in the
territorial seas and contiguous zones
must be reported. With the enactment of
the 1977 CWA amendments, however.
Congress inserted additional language in
section 3Il(b)(3) which provided that
prohibited discharges "in connection
with activities under the Outer
Continental Shelf Lands Act or the
Deepwater Port Act of 1974. or that may
affect natural resources belonging to.
appertaining to. or under the exclusive
management authority of the United
States (including resources under the
Magnuson Fishery Conservation and
Management Act)" must be reported
Since the jurisdiction of the three
statutes referenced in the 1977
amendments extends within as well as
beyond the contiguous zone.1 there was
some question as to whether discharges
within the zone now need only be
reported if they are actually "in
connection with" one of the three
additional statutes. EPA believes that
the correct interpretation of section
311(b)(3) is that all discharges of oil in
the territorial seas and contiguous zone
that create a sheen must continue to be
reported. Discharges of oil beyond the
contiguous zone, however, that create •
sheen need only be reported if they are
"in connection with activities" under the
Outer Continental Shelf Lands Act. the
Deepwater Port Act, or may affect
natural resources subject to U.S.
management authority under the
Magnuson Fishery Conservation and
Management Act. Today's rulemaking
clarifies this issue by simply specifying'
appropnate reporting requirements in
terms of whether the discharge and
resulting sheen occurred in the
territorial sea. the contiguous zone, or
beyond 12 miles.
   The definition of "oil" has been
expanded to include references to both
the CWA and the DWPA definitions of
oil. Because oil is defined differently in
the DWPA than in the CWA and is used
  > Specifically, the DeepwMerPcrt Act of 1B7»
 regulates ports beyond "the lemlorwi lunrt* of the
 United Slates." including associated components
 and equipment, such as pipelines, located seaward
 of the high water merit The Orter CaMmental Shelf
 Lands Act'govems the Ouler Contnentai Shell
 which lies beyond "navajabte wains." and Ike
 Magnuson Fishery Conservation and Management
 Act establishes a fishery conservation cone, which
 lies beyond the temMnal we of the United
 States."
in both contexts in the rule, the Agency
believes it is desirable to provide
references to both of these definitions of
oil in § 110.1.
  The reference to the Canal Zone has
been deleted from the definition of
"United States." The CWA no longer
applies to the Canal Zone as a result of
the Panama Canal Treaty of 1977 and
the Panama Canal Act of 1979 (22 U.S.C.
3601 et seq.).
  Section 1103. A sentence has been
added to the end of this section on
applicability to indicate that the
regulations also define the term
"discharge" for purposes of section
18(m)(3)oftheDWPA.
  Section 110.6 (formerly 5 110.7). This
section sets forth the provisions of CWA
section 311(b)(3). which generally
prohibits oil discharges in quantities as
may be harmful, except for discharges
permitted under MARPOL 73/78. The
Agency believes that the MARPOL
exemption extends to discharges under
the DWPA as well. Section 19fa)(l) of
the DWPA provides, in relevant part,
that".  . . the treaties of the United
States shall apply to a deepwater port
.  . . and to activities connected,
associated, or potentially interfering
with the use or operation of any such
port. .  .". Because MARPOL 73/78 is a
"treaty of the United States," EPA
interprets section 19(a)(l) as authorizing
the application of MARPOL 73/78
provisions to discharges under the
DWPA and. therefore, has also provided
for an exemption of MARPOL 73/78
permitted discharges from DWPA
requirements. This point has been
clarified in the final rule, and the section
on discharges defined for purposes of
the DWPA (S 110.11 in the final rale) has
been modified to except discharges
permitted under MARPOL 73/78.
  Section 110.9 (formerly 5 110.10). In
response to a commenter's
recommendation to delete the
geographic scope language from
proposed { 110.10, the language has
been replaced with the phrase "under
section 311 of the Act." The Agency
concurs with commenter's statement
that the purpose of ( 110-9 is to provide
waiver authority to the Administrator.
and therefore it is unnecessary to repriat
the geographic scope m 1110.9.
  Section 110.10 (formerly (110.11). The
Agency has amended f 110.10 to wake it
consistent with Coast Guard discharge
reporting regulations by incorporating
the language in 33 CFR 153.203. as
amended on May IB. 1988 (51 PR 17SB2).
  Section 110.11 (formerly { HOB), fa
the final rale, the section concerning
discharges defined {or purposes of the
DWPA has been moved to the end of the
regulation. This section has been
modified to except discharges from
properly functioning vessel engines
(which are not deemed to be harmful for
CWA purposes) and discharges
permitted by MARPOL 73/78. The
proposed rule contained an exception
for DWPA discharges subject to section
402 of the CWA. but this exception has
been deleted. There is nothing in the
language or legislative history of the
DWPA to suggest that Congress
contemplated such an exception.

III. Statutory Provisions Affecting the
Oil Discharge Regulation
  This section of the preamble describes
the five amendments to the sheen rule
that were required by changes to the
CWA and by the DWPA. Commenters
generally expressed support for these
regulatory changes. Major issues raised
by commenters concerning each of the
changes are discussed below.

A. 1977,1978, and 1980 Statutory
Amendments

1. Extension of Geographical Scope
   In the 1977 amendments to the CWA
(Pub.L 95-217), Congress expanded the
geographical scope of section 311
beyond the contiguous zone, which
extends seaward to 12 miles, to include
oil discharges in connection  with a
variety of activities out to
approximately 200 miles. Specifically.
sections 311 (b) and (c) of the Act were
amended to apply not only to discharges
of oil into navigable waters and the
contiguous zone, but also to such
discharges—
in connection with activities under the Outer
Continental Shelf Lands Act or the
Deepwater Port Act of 1974. or that may
affect natural resources belonging to.
appertaining to, or under the exclusive
management authority of the United States
(including resources under the Fishery
Conservation and Management Act of 1976)"
(33 U&C. 1321(b) and (c)).
   The Agency has amended the	
jurisdictions! provisions of 40 CFR Part
110 to reflect the expanded scope of
section 311 in i 110.5.
   One commenter acknowledged that
the proposed extension of geographical
scope n consistent with the CWA
amendments, but had reservations about
the extension because of "the sheer size
of the area to be induded." The
commenter asserted that the extension
"will exacerbate the  U.S. Coast Guard's
inability to investigate spills." EPA
notes that the major purpose of these
amendments to the oil discharge rule is
 to implement stalotorily mandated
changes. The ability of the Coast Guard
 to investigate spills in the extended area

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10714
Federal Register / Vol.  52. No. 63 / Thursday. April  2. 1987 /  Rules and Regulations
depends, of course, on the number of
spills in the area at any one time.
enforcement discretion, the existence of
competing demands for Coast Guard
action at any particular time, and the
availability of resources. In their
comments submitted on this rule, the
Coast Guard has not indicated any
concern about their ability to carry out
necessary investigations.

2. Modification of Harmful Quantity

  In 1978. Congress modified the
harmful quantity criteria of section 311
from discharge of oil that "will be
harmful" to discharges that "may be
harmful." More specifically. Congress
modified the scope of prohibited
discharges under section 311(b)(4) from
quantities the "discharge of which, at
such time, locations, circumstances, and
conditions, will be harmful" to such
quantities the "discharge of which may
be harmful" (Pub. L 95-576). Section
3ll(b)(3) was also amended .to reflect
this change.
  The original oil sheen test was
promulgated pursuant to the pre-1978
standard of "will be harmful." The
Agency views the revised  statutory
standard "may be harmful" as being, at
a minimum, at least as environmentally
stringent and protective as the prior
"will be harmful" standard, as discussed
in more detail below. EPA has reviewed
scientific research on the environmental
effect of oil spills. It has assessed State
and  Federal experience in implementing
the present "oil sheen" test, and it has
carefully considered the alternatives
suggested by commenters. On the basis
of this review, the Agency has
determined that the "oil sheen" is an
appropriate, effective, and practical test
for harmful quantities of oil under
section 311(b)(4) of the CWA. As
discussed later in this preamble, the
Agency has made  the same
determination for discharges under
section 18(m)(3) of the DWPA.
  A  number of commenters recognized
that  the replacement of "determined to
be harmful for "as may be harmful" in
the regulations at 40 CFR Part 110 would
be consistent with the CWA
amendments. Some of these commenters
advocated, however, adoption of a
quantitative definition of harmful
quantity of oil discharge using a
volumetric trigger as an alternative to
the sheen test The scientific support for
the oil sheen test together with the
merits of adopting a volumetric trigger
are addressed in detail in  the discussion
in Section V.A. concerning Chevron's
proposal for a volumetric substitute to
the sheen test.
                           3. Exemption of Discharges Subject to
                           Section 402 of the CWA
                             In the 1978 amendments to the CWA,
                           Congress also modified the definition of
                           "discharge" in section 311(a)(2) to
                           exclude from section 311 coverage three
                           types of discharges that are subject to
                           the National Pollutant Discharge
                           Elimination System (NPDES) regulations
                           under section 402 and the enforcement
                           provisions of section 309. Specifically.
                           Congress provided that the following
                           discharges be excluded from section 311
                           coverage:
                             ... (A) discharges in compliance with a
                           permit under section 402 of this Act. (B)
                           discharges resulting from circumstances
                           identified and reviewed and made a part of
                           the public record with respect to a permit
                           issued or modified under section 402 of this
                           Act. and subject to a condition in such
                           permit, and (C) continuous or anticipated
                           intermittent discharges from a point source,
                           identified in a permit or permit application
                           under section 402 of this Act, which are
                           caused by events occurring within the scope
                           of relevant opportunity or treatment systems.

                             Congress intended this amendment to
                           clarify which section  of the CWA
                           governs discharges of oil and hazardous
                           substances from point sources holding
                           NPDES permits. Foreseeable or chronic
                           point source discharges that are
                           permitted under section 402. and that
                           are either due to causes associated with
                           the manufacturing or other commercial
                           activities in which the discharger is
                           engaged or due to the operation of the
                           treatment facilities required by the
                           NPDES permit, are to be regulated under
                           the NPDES program. "Classic spill"
                           situations are subject to the
                           requirements of section 311. Such spills
                           are governed by section 311 even where
                           the discharger holds a valid and
                           effective NPDES permit under section
                           402.
                             Several commenters suggested a need
                           for EPA to clarify the three categories of
                           excluded discharges. EPA provided an
                           extensive explanation of these
                           exclusions in the March 11,1985,
                           preamble to the proposed rule, and the
                           Agency intends at the pesent time to
                           continue this interpretation of the CWA
                           provisions, which was based on the
                           language in 40 CFR 117.12 promulgated
                           in 1979 for reportable quantities of CWA
                           hazardous substances. This
                           interpretation, however, is currently
                           being reevaluated by the Agency in the
                           context of the present NPDES program
                           and the interpretation of "federally
                           permitted releases" under the
                           Comprehensive Environmental
                           Response. Compensation, and Liability
                           Act of 1980 (CERCLA). The Agency
                           intends to address this issue more fully
in a forthcoming rulemaking on CERCLA
federally permitted releases.
4. Exemption of Discharges Permitted
Under MARPOL 73/78

  Annex 1 of the International
Convention for the Prevention of
Pollution from Ships. 1973. as modified
by the Protocol of 1978 (MARPOL 73/
78). entered into force on October 2.1983
(see 48 FR 45704-45727, October 6.1983).
The purpose of MARPOL 73/78. which
supersedes the International Convention
for the Prevention of Pollution of the Sea
by Oil. 1954. is to eliminate marine
pollution from ships. In 1980. the  Act to
Prevent Pollution from Ships
implemented portions of MARPOL. 73/
78. Specifically, section 13(b) of Pub. L
96-478 amended section 311(b)(3)(A) of
the CWA to exempt certain discharges
into waters seaward of the territorial
sea permitted under MARPOL 73/78.
Such discharges include the operational
discharge of limited quantities of oil-
water mixtures from ships. Thus,
discharges into those waters from ships
made in compliance with the
requirements of Regulation 9 of
MARPOL 73/78, Annex I (as
implemented through 33 CFR Parts  151
and 157), are not subject to notification
and liability provisions under the CWA
even if they would otherwise be  of "a
quantity that may be harmful" under the
CWA. The MARPOL exemption does
not apply, however, to discharges into
the internal waters and the territorial  .
seas of the United States. Such
discharges must satisfy the CWA
harmful quantity discharge standard
even if the MARPOL 73/78 discharge
standards are met. Section 110.6 of the
sheen rule now includes this exemption.
  One commenter pointed out that a far
greater amount of the oil discharged into
the world's oceans comes from tankers
rather than from U.S. Outer Continental
Shelf production operations and
therefore recommended that if an
exemption is granted to ships covered
under MARPOL 73/78. a volumetric
trigger should be set for offshore
platforms that operate in the same
waters and discharge less oil. In
response to this comment,  the Agency
points out that the principal purpose of
this regulatory revision is to incorporate
Congress' specific exemption for
MARPOL permitted releases. The
Agency also notes, however, that the
standard under MARPOL is
concentration-based rather than
volumetric and that Regulation 9 of
MARPOL 73/78 applies to all "ships-
operating in the marine environment.
Such "ships" include all vessels  and
both fixed and floating platforms. Thus.

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             Federal Register /  Vol.  52. No. 63 / Thursday. April  2. 1987 / Rules and Regulations       10715
the MARPOL 73/78 exemption includes
certain operational discharges from
offshore platforms as well as from
vessels (see Regulation 21 of MARPOL
73/78)  Furthermore, some offshore
platforms operate under NPDES permits
with oil discharge limits, and discharges
in compliance with such permits are
also excluded from discharge of oil
regulation coverage. The Agency has
decided to retain the existing reporting
trigger for discharges from offshore
platforms at this time.
B. Deepwater Port Act of 1974
  The Deepwater Port Act (DWPA) of
1974 (33 U.S.C. 150-1524) applies to the
construction and operation of deepwater
ports in waters beyond the territorial
limits of the United States, including
associated components and equipment.
such as pipelines, located seaward of
the high water mark. It contains
provisions  that prohibit the discharge of
oil into the marine environment from a
deepwater port, from a vessel that has
received oil from another vessel at such
a port, and from vessels within a port's
safety zone. The DWPA also establishes
deepwater port licensee and vessel
owner or operator liability for cleanup
costs and damages that result from a
discharge of oil. Other features of the
DWPA include discharge notification
requirements, penalty provisions, and
the establishment of the Deepwater Port
Liability Fund. The fund is liable.
without regard to fault, for all cleanup
costs and damages in excess of those
actually  compensated by a liable
deepwater port licensee or vessel owner
or operator.
   Action under each of the key pollution
provisions of the DWPA is triggered by
a discharge of oil in harmful quantities.
Section 18(m)(3) of the DWPA defines
"discharge" in terms of those "quantities
of oil determined to be harmful pursuant
to regulations issued by the
Administrator of the Environmental
Protection Agency" (33 U.S.C.
1517(m)(3)). In the proposed rule. EEA
used the sheen test to complete the
definition.
   Several  commenters favored, in one
 form or another, a volumetric trigger  for
 discharges under the DWPA. After
 carefully reviewing the comments
 submitted and considering them m light
 of the statutory language of section
 18(m)(3) of the DWPA and its supporting
 legislative history. EPA has decided to
 use the sheen test in the final rule to
 define "harmful quantities" for purposes
 of the DWPA. The Coast Guard, which
 has the  responsibility for implementing
  the requirements of the DWPA. agrees
 with this position. Both EPA and the
  Coast Guard believe that Congress
intended that the DWPA definition of
harmful quantity be the same as the
CWA definition in the oil discharge rule.
According to the legislative history of
the DWPA. Congress expected the
Administrator". . . to define harmful
quantities of oil as defined in
regulations issued under section 311 of
the Federal Water Pollution Control
Act" (Sen. Rep. No. 93-1217.93rd Cong.
2nd Sess. (1974)). As noted by
commenters. the section 311 CWA
harmful quantity determination was
promulgated by the Department of the
Interior in 1970 and adopted by EPA in
1971. When Congress enacted the
DWPA in 1974 it specifically chose in
section 18(m)(3) to define the word
"discharge" in terms of "regulations
issued by the Administrator of the
Environmental Protection Agency". As
the legislative history noted above
makes explicitly clear, the regulations
Congress was referring to were those
issued under section 311 of the  CWA.
Those regulations defined harmful
quantities in 1974 in precisely the same
terms as today's rulemaking. Therefore,
EPA and the Coast Guard believe the
rule adopted today at 40 CFR 110.11
fulfills Congressional direction in this
regard. Moreover, as discussed below.
the Agency believes that the sheen test
is an appropriate definition of harmful
quantities for purposes of the DWPA.
   One commenter submitted data from
the Louisiana Offshore Oil Port (LOOP)
monitoring program to show that there
were no measurable short-term or long-
term harmful effects that could be
attributed to oil spills from the LOOP.1
A review of the data submitted,
however, suggests that the monitoring
program was not specifically designed
to assess the impacts of spills that have
actually occurred at the LOOP.
Moreover, the inconclusive indications
that these data provide are more than
offset in EPA's view by other scientific
studies and research in the record that
clearly demonstrate a connection
between oil spills and adverse
 environmental effects, both at  offshore
 oil platforms and other open ocean
 areas, as well as in controlled
 laboratory conditions. For this reason
 also, EPA believes that the
 determination in today's rulemaking that
 the oil sheen is an appropriate harmful
 quantity standard is reasonable and
 fully supportable.
   Another commenter argued that the
 sheen test does not correspond with
 either actual or potential harm from
   * The LOOP is the only operating deepwater port
 in the United States It is located approximately IB
 miles off the coast of Louisiana in the Gulf of
 Mexico
deepwater port-related releases, which
by definition, occur outside territorial
waters. According to the commenter. the
regulations assume that the same
quantity of oil which presents a
potential threat to the public health or
welfare of the United States when
spilled in navigable waters or in the
contiguous zone creates a comparable
potential for harm when discharged at a
remote offshore location. The
commenter challenges this assumption.
citing a 1974 study by the U.S. Army
Corps of Engineers on different areas of
marine environmental sensitivity. It
should be noted that this study does not
state that there is no harm from oil spills
offshore, but rather, that there is likely
to be less harm from oil spills offshore
than from those inshore. Other
researchers have related the potential
for harm from an oil spill to distance
from shore, by noting that the potential
for harm increases as water depths
decrease from thousands to hundreds of
feet. EPA believes that such a potential
for harm exists at the LOOP because
contrary to the commenter's suggestion
that the LOOP represents a "remote
offshore location," the depth of the
water surrounding the LOOP platform is
in fact on the order of one hundred feet.
Furthermore, as mentioned previously.
the DWPA definition of deepwater port
includes pipelines and other
components and equipment located
seaward of the high water mark. Thus.
LOOP discharges may occur within as
well as beyond territorial waters.
   Another commenter has indicated
 concern that unlike section 311 of the
 CWA. the provisions of the DWPA.
 specifically 33 U.S.C. 1517(c)(l).
 statutorily mandate a response action in
 every instance of a reported discharge,
 regardless of extreme weather
 conditions and resulting safety hazards
 that cleanup actions may entail. The
 Coast Guard, however, declines to adopt
 this interpretation of the DWPA. As
 explained in their comment letter of may
 9,1985 (OS-9-43 in the public docket).
 the Coast Guard interprets the
 provisions of the DWPA to give the
 Coast Guard discretionary authority to
 determine whether or not a  response is
 necessary when a discharge occurs.
 IV. Other Sections of the Oil Discharge
 Regulation
   A few commenters recommended
 changes to other sections of the oil
 discharge regulation, particularly to
 §§  110.1 and 110.8 of the proposed rule.
 For reasons discussed in the Responses
 to Comments documents, the Agency
 has decided not to incorporate these
 changes into the final rule.

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10716
Federal  Register / Vol. 52. No. 63 / Thursday. April 2. 1987 / Rules and Regulations
V. Requests For Changes in the Oil
Discharge Regulation
A. Volumetric Alternatives to Sheen
Test
  Chevron U.S.A.. Inc.. of San Francisco.
California, has commented to EPA that
the sheen test under section 311 of the
CWA is too stringent and that
alternative, volumetric limits would
provide sufficient water quality
protection at a lesser cost to the
company. Chevron has suggested that
the reportable quantity threshold be
changed to 1 barrel (42 gallons), except
where water quality standards are more
stringent. The company maintains that
spills of less than 1 barrel "rarely, if
ever, cause environmental damage."
Chevron claims, in material submitted to
EPA. that approximately 75 percent of
the spills it reports are of under 1 barrel
and estimates that the cost to the
company is $500 to $6.000 per spill
report. Some commenters have urged
that a volumetric test be adopted for
harmful quantity determinations under
the DWPA. as well.
   A large number of commenters
expressed support for the sheen test
rather than a volumetric test. Several
commenters cited the greater
enforceability, administrative ease, and
higher level of environmental protection
afforded  by the sheen test. A few
commenters pointed to the success of
 the sheen test in promoting prompt
 reporting and preventing larger spills, as
 well as in encouraging spill prevention
 and cleanup by industry. The
 commenters also noted the problems
 inherent  in a volumetric reporting
 trigger, including the potential for
 environmental harm from small
 quantities of oil in the aquatic
 environment; these commenters
 asserted that a volumetric trigger would
 fail to account for diffenng susceptibility
 of water to damage from oil. They noted
 that the receiving waters and type of oil
 spilled affect the environmental impact
 more than the quantity of oil spilled.
   Commenters opposed to the sheen test
 raised questions about environmental
 harm and concerns about the stringency
 of the requirement. Several commenters
 favoring a volumetric alternative to the
 sheen test also addressed administrative
 and policy issues as outlined below and
 detailed in the Responses to Comments
 documents.
 1. Environmental Harm Issues
    The majority of commenters opposing
 the sheen test expressed the belief that
 small oil spills do not have a significant
 impact on marine ecosystems. A few of
  the commenters referred to the fact that
  many scientific studies have been
                           conducted since the Department of the
                           Interior's 1970 determination that a
                           sheen represents a "harmful quantity" of
                           oil. For example, one suggested that
                           many scientific studies have proven
                           small quantities of oil to be harmless,
                           and another asserted that EPA has
                           failed to consider new data in its
                           decision to retain the sheen test. Of all
                           the commenters who expressed these
                           opinions, only three submitted extensive
                           documentation of scientific studies and
                           literature reviews, which they felt
                           illustrated the substantial amount of
                           recent research that could support a
                           volumetric reporting trigger. One of the
                           commenters also recommended that
                           EPA review the 1985 National Academy
                           of Sciences study on the subject of oil
                           pollution.
                             EPA has carefully reviewed the recent
                           scientific literature on environmental
                           effects of oil pollution, including
                           documents submitted by commenters
                           and other documents referenced in
                           comment letters or compiled in the
                           public docket during the comment
                           period. EPA believes that the literature
                           clearly demonstrates that discharges of
                           small quantities of oil cause
                           environmental harm. A discussion paper
                           outlining the Agency's position and
                           citing specific documents in support of
                           that position has been placed in the
                           public docket.
                              Many types of adverse effects from oil
                           have been extensively documented,
                           proving harmful effects from oil spills
                           and chronic pollution in inland waters,
                            in coastal environments, and in waters
                            beyond 12 miles from shore. Evidence
                            from reviews of laboratory studies
                            further demonstrates that very small
                            amounts of oil. e.g.. less than 1 mg/L (1
                            ppm). can have lethal and sublethal
                            effects on a wide variety of organisms.
                            The National Academy of Sciences
                            (NAS), hi its 1985 comprehensive
                            review, noted that "low concentrations
                            (less than 1 mg/L) of petroleum
                            hydrocarbons can apparently interfere
                            with the normal behavior of marine
                            organisms, especially the more fragile
                            components such as the larval and
                            juvenile forms of the marine food
                            chain." The review articles and reports
                            prepared by industry representatives
                            that argue strongly for the commenters'
                            position are either limited in their
                            citation of scientific literature or highly
                            selective in the conclusions drawn. The
                            limited evidence cited by commenters to
                            show little or no harm from oil
                            discharges generally applies only to
                            certain areas of chronic pollution (e.g.,
                            Milford Haven, United Kingdom),
                            certain types of harm (e.g., permanent
                             harm on a broad scale), or certain
                             organisms. As discussed in the NAS
report and m EPA's discussion paper.
the studies of chronically polluted areas
in the Gulf of Mexico that were cited by
commenters are controversial and have
been criticized by some scientists for
their methodology and conclusions.
Commenters provided no evidence
disputing the widely recognized types of
physical harm that may result from
floating sheens of oil such as
asphyxiation of fish and benthic fauna
due to coating by oil, harm to waterfowl
because of loss of buoyancy or loss of
insulating capacity of feathers, and
adverse aesthetic effects of fouled
shorelines and beaches.
  Moreover, some commenters  appear
to have defined potential harm as
permanent biological harm on a broad
scale. There simply is no persuasive
indication in the statute that Congress
intended this narrow interpretation of
the harmful quantity standard. In fact.
the Congressional policy expressed in
CWA section 311(b)(l) "that there
should be no discharges of oil"
(emphasis added) suggests just the
opposite.
   Equally important, nothing in the  .
 legislative history of the CWA or in
 judicial interpretations of the Act
 suggests that a demonstration of
 permanent harm on a broad scale is
 required. Congress stated in the 1978
 CWA Amendments that a prohibited
 discharge need only be a quantity that
 may be harmful. In cases such  as U.S. v.
 Atlantic Richfield Company. 429 F.Supp.
 830.837 (EJ). Pa.. 1977). the courts have
 suggested that Congress believed that
 even transitory pollution of waters was
 deleterious to the environment.
   Many of the studies submitted by
 commentera support the fact that small
 oil spills do cause harm in certain
 waters (e.g., spawning grounds.
 estuaries). Many opponents of the sheen
 test concede that coastal and inland
 areas and sensitive habitats may be
 vulnerable to damage from low levels of
 oil pollution, and many admit that there
 may be at least temporary harm.
 Documents compiled in the public
  docket clearly show that small amounts
  of oil are harmful in a variety of
  locations and circumstances, including
  spawning grounds and sensitive habitats
  beyond 12 miles from shore. EPA has
  therefore chosen to retain the  sheen test
  as an environmentally protective
  reporting trigger for purposes of both the
  CWA and the DWPA.
   Several commenters favored the
  establishment of different oil discharge
  reporting triggers for different waters to
  ensure that the more stringent sheen test
  would be used for environmentally
  sensitive areas, while a less stringent

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             Federal Register / Vol.  52. No. 63 / Thursday. April  2. 1987  / Rules and Regulations      10717
volumetric test would be applied to less
environmentally sensitive waters. To the
extent that they favor retaining the
sheen test for certain waters. EPA
agrees with these commenters. EPA
further believes that the sheen test must
be applied to all waters to ensure
certain, consistent and effective
implementation of the harmful quantity
standard. A single reporting trigger is
entirely consistent with Congressional
intent as reflected in the 197B CWA
amendments, which eliminated the
requirement that a determination of
harm must consider the specific "times.
locations, circumstances, and
conditions" of a given spill. Senator
Muskie. in the debates on these
amendments, stated that the
determinations  of harmful quantities
under CWA section 311 "are nationally
applicable, before-the-fact decisions and
are not expected to reflect the myriad of
actual circumstances that may occur"
(Congressional  Record at 519653.
December 15.1977). In the case of
hazardous substances, which, like oil.
are covered by  CWA section 311, EPA
has previously expressed the view that
Congress intended a single reportable
quantity to apply to all waters. As
slated in the 1978 preamble to
regulations establishing reportable
quantities for hazardous substances,
"Congress was  aware  that requiring
tailoring of such determinations  to water
body type and other circumstances is
administratively unwise and could
prevent achievement of the goals of the
[Clean Water] Act" (43 FR10491, March
13.1978). EPA believes that this  same
principle should apply to discharges of
oil. EPA continues to believe that a
single reporting trigger is a practical and
environmentally sound requirement. It is
true that discharges of the same amount
of oil into different bodies of water may
result in different degrees of harm. The
boundaries and differentiation of
various ecologically significant waters,
however, are not clearly defined nor
readily discernible. Waters seaward of
the territorial seas or the contiguous
zone, which may contain neustonic
communities or productive fisheries, can
be sensitive to  small spills. As
sensitivity of individual aquatic
environments to oil is dependent on
much more than just distance from
shore. EPA believes that it would be
impractical  to establish varying oil
discharge reporting requirements for
different waters. The sheen test.
identifying a single threshold for all
waters, provides a clear and definitive
trigger for the reporting requirements of
40 CFR Part 110. A single reporting
trigger for all waters is thus practical.
effective, and fully reflective of
Congressional intent underlying both
section 311 of the CWA and section
18(m)(3) of the DWPA.
  Several commenters argued that the
sheen test will result in over reporting of
discharges that may not be harmful.
This argument, however, is true of any
reporting trigger including the
volumetric test. Moreover, any reporting
trigger may in addition to requiring the
reporting of some  discharges that are
not harmful, also allow some harmful
discharges to go unreported. In
comparison to the sheen test, for
example, the volumetric triggers
advocated by some commenters would
allow nonreportmg of a large number of
spills that may be harmful both on an
individual and cumulative basis. EPA
believes that a sheen is an appropriate
indicator of a discharge of harmful
quantities of oil. A sheen is  typically
associated with discharges containing
concentrations of oil in the 10 to 20 ppm
range. In this regard, it is worth noting
that Regulation 1(16) of MARPOL 73/78
defines clean ballast as either ballast
that does not exceed 15 ppm, or ballast
that, if discharged into clean, calm
water on a clear day, would not produce
a visible sheen. Thus,  for purposes of
this definition, a discharge causing a
sheen may be roughly equated to a
discharge with a concentration of 15
ppm. As detailed  in the Agency's
discussion paper in the public docket,
adverse biological effects from oil occur
at concentrations many times lower
than 10-20 ppm. Furthermore, as  noted
above, the physical properties of
floating sheens themselves  may cause
harm, such as coating birds' feathers
and fouling beaches.
2. Administrative and Policy Issues

   Some commenters suggested that a
volumetric trigger would reduce the
number of spill reports. With a reduction
in reports, commenters asserted that
there will be less  of a  paperwork burden
on both industry and the implementing
agencies and less need for
administrative follow-up procedures
such as inspections. EPA recognizes that
in some cases reporting is already
required under separate regulatory
systems created under the Outer
Continental Shelf Lands Act (OCSLA).
under MARPOL 73/78. and under
section 402 of the CWA. For facilities
regulated under the OCSLU. all spills or
 leakage of oil or waste materials must
 be reported to the Director of the
 Minerals Management Service under 30
 CFR 250.43 and OCS Order Number 7.
The additional cost of complying with
 the reporting requirements under section
311 of the CWA would be minimal for
these facilities.
  In liglit of comments from
implementing agencies. EPA believes
that the cost of reporting under 40 CFR
Part 110 are not excessive  For example.
a State agency (Ohio EPA) estimated
that the actual reporting phone call to
the National Response Center's toll-free
number normally takes less than 15
minutes. Furthermore. Ohio EPA has
found that its data storage and
administrative costs have generally
been less than $20 per reported spill.
The Coast Guard pointed out that the
costs of reporting small spills are very
small in comparison to spill prevention
and corrective action expenditures. In
response to EPA's request for
information on administrative costs of
responding to small spills, the Coast
Guard suggested that spill response.
costs vary with the level of response
required. The cost per assessment will
not be reduced, according to the Coast
Guard, by a change to a volumetric
standard because each report would still
need to be assessed to determine the
actual amount discharged. Furthermore.
the volumetric test may not reduce the
overall costs of the regulation nor
simplify its administration because there
are additional implementation
considerations associated with a
volumetric test that are not associated
with current notification requirements.
The costs of installing, maintaining, and
repairing any required oil monitoring
devices could be substantial. Field.
verification costs of the releaser as well
as the State. Coast Guard, or EPA would
likely increase for a given spill, if
observers were  required to determine
the quantity spilled rather than simply
the existence of a sheen.
   Several commenters expressed the
belief that the adoption of a volumetric
standard would not entail a reduction in
 their cleanup operations. The
commenters asserted that their
commitment to cleanup of all spills
 should continue under the volumetric
 standard. EPA commends the
 commenters' desire for the continued
 cleanup of all spills. EPA believes.
 however, that the Coast Guard's efforts
 to ensure cleanup will suffer in cases of
 spills that do not meet the volumetric
 threshold and are therefore unreported.
 Moreover, if. as commenters assert.
 voluntary cleanup of all spills will take
 place, EPA does not believe that the
 requirement of toll-free telephone
 reporting places an undue additional
 burden on vessels and facilities
 handling oil.
   A few other commenters expressed
 the opinion that a volumetric reporting

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10718	Federal Register  /  Vol. 52. No.  63 / Thursday. April'2. 1987  /  Rules and Regulations
trigger would be superior to the sheen
test because the appearance of a sheen
often depends on weather conditions
and water turbulence. However, as
discussed below, accurate volumetric
determinations also can be dependent
on weather and water conditions. The
Agency believes that any potential
shortcoming of the sheen test in
particular circumstances are far
outweighed  by its overall usefulness.
simplicity, and enforceability. A sheen
provides a clear indication of a
reportable discharge, enabling a
responsible  party to identify easily
which discharges must be reported and
facilitating third party (e.g.. citizen)
complaints or reports.
  EPA also believes that the difficulty
involved in determining the quantity of
oil discharged,  as evidenced in data
from regulatory agencies, is one factor
that makes a volumetric reporting trigger
less effective than the sheen test. In
many cases, the reports of oil spills are
extremely inaccurate. In addition, a
volumetric trigger may provide an
incentive for underestimating the
quantity discharged. In cases when an
estimate of slick area and thickness •
must be made,  an observer may require
special training. Even under optimal
viewing conditions, with a reference
scale available for comparing
dimensions, only rough estimates of
volume may be possible. Moreover, in
less than optimal viewing conditions
(e.g., poor weather, turbulance,
darkness), it is not clear that even rough
estimates would be possible.  Finally.
any time-consuming determination of  -
the amount spilled would be contrary to
the spill reporting program goal of
immediate notification and quick
response to  possible environmental
threats.
  Many commenters suggested that a
volumetric reporting trigger would be •
consistent with the present reportable
quantity (RQ) criteria for hazardous
substances. EPA notes that an important
purpose of the  RQ program is to provide
a readily implementable and  easy to
understand  reporting trigger for a
diverse set of hazardous substances.
EPA believes that the sheen test
satisfies this same regulatory objective
for oil. The sheen test has been shown
to be a successful notification trigger for
oil under a variety of circumstances. The
sheen test takes advantage of the
physical properties of oil, which cause a
film, sheen,  or discoloration upon the
surface of the water. Because oil
generally floats, the sheen test may be
used to provide a more simple, easily
enforced, and reliable alternative to a
volumetric trigger.
B. Special Use Applications of Oil
  EPA has authority under the CWA.
section 311(b)(3)(B). and Executive
Order 11735 (38 FR 21243) to permit the
discharge of oil "in quantities and at
times and locations or under such
circumstances or conditions" as the
Agency determines not to be harmful.
Thus. EPA may grant exemptions to
section 311(b) and the sheen regulation
under appropriate circumstances. The
Agency has received  a request for an
exemption for vegetable oil products
used to prevent salt water corrosion in
the ballast tanks and void spaces of
ships and semisubmersible oil rigs.
Several comments were received on this
issue. There was disagreement among
the commenters as to whether vegetable
oil products cause harm.
  EPA has decided not to exempt the
reporting of vegetable oil product
discharges under the  oil discharge rule.
The Agency has reviewed the materials
cited by commenters  on the impacts of
vegetable oils and believes that these
materials do not support the conclusion
that  these oils do not cause
environmental harm.  Some harmful
environmental effects of vegetable oils
are similar to those of petroleum oils
and include drowning of waterfowl.
fishkills due to increased biological
oxygen demand, asphyxiation of benthic
life, and adverse aesthetic effects.
Finally, the Agency believes that the
reporting requirement does not pose
such a burden that it  would deter the
application of a useful vegetable oil
product.

VI. Summary of Supporting Analyses

A. Classification and Regulatory Impact
Analysis
  Regulations must be classified as
major or nonmajor to satisfy the
rulemaking protocol established by
Executive Order 12291. E.O. 22291
established the following criteria for a
regulation to qualify  as a  major rule:
  1.  An annual effect on the economy of $100
million or more:
  2.  A  major increase in costs or prices for
consumers, individual industries. Federal,
State, or local government agencies, or
geographic regions: or
  3.  Significant adverse effects on
competition, employment, investment.
productivity, innovation, or on the ability of
United States-based enterprises to compete
with foreign-based enterprises in domestic or
export  markets.
  The amended regulation is a nonmajor
rule because  the Agency has concluded
that it meets none  of the above criteria.
An analysis has estimated that the
upper  bound  total of annual economic
costs from notification requirements.
spill investigations, and increased
cleanup liability is S3.8 million, well
below (he Si00 million standard for a
major rule classification. Data
supporting this conclusion are in the
rulemaking docket.
  This regulation was submitted to
OMB for review under Executive Order
12291.

B Regulatory Flexibility Act

  In accordance with the Regulatory
Flexibility Act of 1980. Agencies must
evaluate the effects of a regulation on
"small entities." That Act recognizes
three types of such entities:
  1. Small businesses (specified by Small
Business Administration reguldlions):
  2. Small organizations (independently
owned, nondommant in their field, nonprofit).
and
  3. Small governmental jurisdictions
(serving communities with fewer than 5.000
people).

  If the rule is likely to have a
"significant impact on a substantial
number of small entities," the Act
requires that a Regulatory Flexibility
Analysis be performed. EPA certifies
that the amended regulation will not
have a significant impact on a
substantial number of small entities.
There may be some incremental costs of
compliance owing the extension of
jurisdiction beyond the contiguous zone
to approximately 200 miles. These costs
will, however, be borne by companies
larger than those defined as small
entities.
  The regulated industry is  dominated
by a few dozen major corporations.
Because regulatory costs will ultimately
be borne by these major corporations,
the expected  compliance costs will not
affect any identifiable group of small
entities and thus a Regulatory Flexibility
Analysis is not required.

C. Paperwork Reduction Act
   Information collection requirements
contained in this rule have been
approved by  the Office of Management
and Budget (OMB) under the provisions
of the Paperwork Reduction Act of 1980.
44 U.S.C. 3501 et seq. and have been
assigned OMB control number 2050-
0046.

List of Subjects in 40 CFR Part 110

   Administrative practice and
procedure, Coastal zone, Continental
shelf. Environmental protection.
Fisheries. Hazardous substances.
Intergovernmental relations, Liabilities.
Marine resouces. Natural resources. Oil
pollution. Penalties, Petroleum. Public
health. Reporting and recordkeeping
requirements. Rivers. Treaties. Vessels.

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             Federal Register / Vol. 52. No.  63 / Thursday. April 2. 1987 / Rules and Regulations
                                                                       10719
Water pollution control. Water
resources. Waterways.
  Dated. March 24.1987.
Lee M. Thomas.
Administrator.
  For reasons set out in the preamble. 40
CFR Part 110 is revised to read as
follows:

PART 110—DISCHARGE OF OIL

Sec.
1101  Definitions.
110.2  Applicability.
110.3  Discharge into navigable waters of
    such quantities as may be harmful
110.4  Discharge into contiguous zone of
    such quantities as may be harmful.
lias  Discharge beyond contiguous zone of
    such quantities as may be harmful.
110.6  Discharge prohibited.
110.7  Exception for vessel engines.
110.8  Dispersants.
110.9  Demonstration projects
110.10  Notice.
110.11  Discharge at Deepwater Ports.
  Authority: Sees. 311 (b)(3) and (b)(4) and
501(a), Federal Water Pollution Control Act.
as amended (33 U.S.C. 1321 (b)(3) and (b)(4)
and 1381(a)); sec. 18(m)(3) of the Deepwater
Port Act of 1974 (33 U.S.C. 1517(m)(3)): E.O.
11735. 38 FR 21243. 3 CFR Parts 1971-1975
Comp.. p. 793.

§110.1  Definitions.
  As used in this part, the following
terms shall have the meaning  indicated
below:
  "Act" means the Federal Water
Pollution Control Act. as amended. 33
U.S.C. 1251 et seq., also known as the
Clean Water Act:
  "Administrator" means the
Administrator of the Environmental
Protection Agency (EPA);
  "Applicable water quality standards"
means State water quality standards
adopted by the State pursuant to section
303 of the Act or promulgated by EPA
pursuant to that section;
  "Contiguous zone" means the entire
zone established or to be established by
the United States under article 24 of the
Convention on the Territorial Sea and
the Contiguous Zone;
   "Deepwater port" means an offshore
facility as defined in section (3)(10) of
the Deepwater Port Act of 1974 (33
U.S.C. 1502(10)):
   "Discharge." when used in relation to
section 311 of the Act. includes, but is
not limited to. any spilling, leaking.
pumping, pouring, emitting, emptying, or
dumping, but excludes (A) discharges in
compliance with a permit under section
402 of the Act, (B) discharges resulting
from circumstances identified and
reviewed and made a part of the public
record with respect to a permit  issued or
modified under section 402 of the Act.
and subject to a condition in such
permit, and (C) continuous or
anticipated intermittent discharges from
a point source, identified in a permit or
permit application under section 402 of
the Act, that are caused by events
occurring within the scope of relevant
operating or treatment systems;
  "MARPOL 73/78" means the
International Convention for the
Prevention of Pollution from Ships, 1973,
as modified by the Protocol of 1978
relating thereto. Annex I. which
regulates pollution from oil and which
entered into force on October 2.1983:
  "Navigable waters" means the waters
of the United States, including the
territorial seas. The term includes:
  (a) All waters that are currently used.
were used in the past, or may be
susceptible to use in interstate or foreign
commerce, including all waters that are
subject to the ebb and flow of the  tide:
  (b) Interstate waters, including
interstate wetlands:
  (c) All other waters such as intrastate
lakes, rivers, streams (including
intermittent streams), mudflats,
sandflats. and wetlands, the use.
degradation, or destruction of which
would affect or could affect interstate or
foreign  commerce including any such
waters:
  (1) That are or could be used by
interstate or foreign travelers for
recreational or other purposes:
  (2) From which fish or shellfish  are or
could be taken and sold in interstate or
foreign commerce;
  (3) That are used or could be used for
industrial purposes by industries in
interstate commerce;
  (d) All impoundments of waters
otherwise defined as navigable waters
under this section:
   (e) Tributaries of waters identified in
paragraphs (a) through (d) of this
section, including adjacent wetlands:
and
   (f) Wetlands adjacent to waters
identified in paragraphs (a) through (e)
of this section: Provided. That waste
treatment systems (other than cooling
ponds meeting the criteria of this
paragraph) are not waters of the United
States;
   "NPDES" means National Pollutant
Discharge Elimination System:
   "Offshore facility" means any facility
 of any  kind located in. on, or under any
 of the navigable waters of the United
 States, and any facility of any kind that
 is subject to the jurisdiction of the
 United States and is located in. on. or
 under any other waters, other than a
 vessel  or a public vessel:
   "Oil", when used in relation to section
 311 of the Act. means oil of any kind or
 in any  form, including, but not limted to.
petroleum, fuel oil. sludge, oil refuse.
and oil mixed with wastes other than
dredged spoil. "Oil." when used in
relation to section 18(m)(3) of the
Deepwater Port Act of 1974. has the
meaning provided in section 3(14) of the
Deepwater Port Act of 1974:
  "Onshore facility" means any facility
(including, but not limited to. motor
vehicles and rolling stock) of any kind
located in. on. or under any land within
the United States, other than submerged
land:
  "Person" includes an individual,  firm,
corporation, association, and a
partnership;
  "Public vessel" means a vessel owned
or'bareboat chartered and operated by
the United States, or by a State or
political subdivision thereof, or by  a
foreign nation, except when such vessel
is engaged in commerce:
  "Sheen" means an iridescent
appearance on the surface of water:
  "Sludge" means an aggregate of  oil or
oil and other matter of any kind in any
form other than dredged spoil having a
combined specific gravity equivalent to
or greater than water.
  "United States" means the States,  the
District of Columbia, the
Commonwealth of Puerto Rico. Guam.
American Samoa, the Virgin Islands.
and the Trust Territory of the Pacific
Islands:
   "Vessel" means every description of
watercraft or other artificial contrivance
used, or capable of being used, as  a
means of transportation on water  other
 than a public vessel: and
   "Wetlands" means those  areas that
 are inundated or saturated by surface or
ground water at a frequency or duration
 sufficient to support, and that under
 normal circumstances do support,  a
 prevalence of vegetation typically
 adapted for life in saturated soil
 conditions. Wetlands generally include
 playa lakes, swamps, marshes, bogs and
 similar areas such as sloughs, prairie
 potholes, wet meadows, prairie river
 overflows, mudflats, and natural ponds.

 §110.2 Applicability
   The regulations of this part apply  to
 the discharge of oil prohibited by
 section 311(b)(3) of the Act. This
 includes certain discharges into or upon
 the navigable waters of the United
 States or adjoining shorelines or into or
 upon  the waters of the contiguous zone.
 or in connection with activities under
 the Outer Continental Shelf Lands Act
 or the Deepwater Port Act of 1974. or
 that may affect natural resources
 belonging to. appertaining to, or under
 the exclusive management authority of
 the United States (including resources

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10720       Federal Register  /  Vol. 52. No. 63  / Thursday. April 2.  1987 / Rules and Regulations
under the Magnuson Fishery
Conservation and Management Act).
The regulations of this part also, define
the term "discharge" for purposes of
section 18(m)(3) of the Deepwater Port
Act of 1974. as  provided under § 110.11
of this part.

§ 110.3  Discharge Into navigable waters of
such quantities as may be harmful
  For purposes of section 311(b) of the
Act. discharges of oil into or upon the
navigable waters of the United States or
adjoining shorelines in such quantities
that it has been determined may be
harmful to the public health or welfare
of the United States, except as provided
in § 110.7 of this part, include discharges
of oil that:
  (a) Violate applicable water quality
standards, or
  (b) Cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines or cause a sludge
or emulsion to  be deposited beneath the
surface of the water or upon adjoining
shorelines.

§ 110.4  Discharge into contiguous zone of
such quantities as may be harmful
  For purposes of section 311(b) of the
Act. discharges of oil into or upon the
waters of the contiguous zone in such
quantities that it  has been determined
may be harmful to the public health or
welfare of the United States,  except as
provided in § 110.7. include discharges
of oil that:
   (a) Violate applicable water quality
standards, or
   (b) Cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines or cause a sludge
or emulsion to be deposited beneath the
surface of the water or upon adjoining
shorelines.

§ 110.5   Discharge beyond contiguous
zone of such quantities as may be harmful.
   For purposes of section 311(b) of the
Act. discharges of oil into or upon
waters seaward  of the contiguous zone
in connection with activities under the
Outer Continental Shelf Lands Act or
the Deepwater Port Act of 1974. or that
may affect natural  resources belonging
to, appertaining to, or under the
exclusive management authority of the
United States  (including resources under
the Magnuson Fishery Conservation and
Management Act) in such  quantities that
 it has been determined may be harmful
 to the public health or welfare of the
United States, except as provided in
§ 110.7. include discharges of oil that:
  (a) Violate applicable water quality
standards, or
  (b) Cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines or cause a sludge
or emulsion to be deposited beneath the
surface of the water or upon adjoining
shorelines.

§110.6 Discharge prohibited.
  As provided in section 311(b)(3) of the
Act, no person shall discharge or cause
or permit to be discharged into or upon
the navigable waters of the United
States or adjoining shorelines or into or
upon the waters of the contiguous zone
or into or upon waters seaward of the
contiguous zone in connection with
activities under the Outer Continental
Shelf Lands Act or the Deepwater Port
Act of 1974, or that may affect natural
resources belonging to, appertaining to,
or under the exclusive management
authority of the United States (including
resources under the Magnuson Fishery
Conservation and Management Act) any
oil in such quantities as may be harmful
as determined in §§110.3,110.4. and
110.5, except as the same may be
permitted in the contiguous zone and
seaward under MARPOL 73/78, Annex
I. as provided in 33 CFR 151.09.

§ 110.7  Exception for vessel engines.
   For purposes of section 311(b) of the
Act, discharges of oil from a properly
functioning vessel engine are not
deemed to be harmful, but discharges of
such oil accumulated in a vessel's bilges
shall not be so exempt.

§11(18  Dtsperaants.
   Addition of dispersants or emulsifiera
to oil to be discharged that would
circumvent the provisions of this part is
prohibited.

§110.9  Demonstration protects.
   Notwithstanding any other provisions
of this part the Administrator may
permit the discharge of oil. under section
311 of the Act, in connection with
research, demonstration  projects, or
studies relating to the prevention,
 control, or abatement of  oil pollution.

 §110.10  Notice.
   Any person in charge of a vessel or of
 an onshore or offshore facility shall, as
 soon as he or she has knowledge of any
 discharge of oil from such vessel or
facility in violation of § 110.6.
immediately notify the National
Response Center (NRC) (800-424-8802;
in the Washington. DC metropolitan
area. 426-2675). If direct reporting to the
NRC is not practicable, reports may be
made to the Coast Guard or EPA
predesignated On-Scene Coordinator
(OSC) for the geographic area where the
discharge occurs. All such reports shall
be promptly relayed to the NRC. If it is
not possible to notify the NRC or the
predesignated OCS immediately, reports
may be made immediately to the nearest
Coast Guard unit, provided that the
person in charge of the vessel or
onshore or offshore facility notifies the
NRC as soon as possible. The reports
shall be made in accordance with such
procedures as the Secretary of
Transportation may prescribe. The
procedures for such notice are set forth
in U.S. Coast Guard regulations. 33 CFR
Part 153. Subpart B and in the National
Oil and Hazardous Substances Pollution
Contingency Plan. 40 CFR Part 300.
Subpart E. (Approved by the Office of
Management and Budget under the
control number 2050-0046)

§ 110.11  Discharge at deepwater ports.
   (a) Except as provided in paragraph
(b) below, for purposes of section
18(m)(3) of the Deepwater Port Act of
1974, the term "discharge" shall include
but not be limited to. any spilling,
leaking, pumping, pouring, emitting.
emptying, or dumping into the marine
environment of quantities of oil that:
   (1) Violate applicable  water quality
standards, or
   (2) Cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines or cause a sludge
or emulsion to be deposited beneath the
 surface of the water or upon adjoining
 shorelines.
   (b) For purposes of section 18(m)(3) of
 the Deepwater Port Act  of 1974, the term
 "discharge" excludes:
   (1) Discharges of oil from a properly
 functioning vessel engine, (including an
 engine on a public vessel), but not
 discharges of such oil accumulated in a
 vessel's bilges (unless in compliance
 with MARPOL 73/78, Annex I); and
   (2) Discharges of oil permitted under
 MARPOL 73/78. Annex I.
 |FR Doc. 87-7263 Filed 4-1-87; 8:45 am|
 BILLING CODE  6S60-CO-M

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                Federal Register / Vol. 52. No. 68  /  Thursday.  April  9. 1987  /  Proposed  Rules
                                                                    11513
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 261

(SW-FRL-3183-2)

Hazardous Waste Management
System; Indentiflcation and Listing of
Hazardous Waste

AGENCY: Environmental Protection
Agency.
ACTION: Notification of availability of
data and request for comment.	

SUMMARY: Today's notice announces the
availability of ground-water monitoring
data for Bommer Industries
Incorporated's two evaportation ponds.
This data was collected by Bommer in
response to the Agency's request for
ground-water data obtained from their
recently expanded monitoring system in
an effort to more fully characterize the
waste included in their petition to
exclude specific wastes from hazardous
waste control. The ground-water data
has been included in the public docket
and will  be considered by the Agency in
making our final delistmg decision for
Bommer1 s petition. The Agency requests
public comment on this data in relation
to the proposed exclusion of Bommer's
waste (see 50 PR 48930-48932. November
27.1985).
DATES: EPA will accept public
 comments on this data until May 11.
 1987. Comments postmarked after the
 close of  the comment penod will be
 stamped "late".
   Any person may request a hearing on
 this notice as it relates to the proposed
 exclusion of Bommer Industries' waste
 by Tiling a request with Bruce Weddle.
 whose address appears below, by April
 24,1987. The request must contain the
 information prescribed in 40 CFR
 260.20(d).
 ADDRESSES: Send three copies of your
 comments to EPA. Two copies should be
 sent to the Docket Clerk. Office  of Solid
 Waste (WH-562), 401 M Street SW..
 Washington. DC 20460. A third copy
 should be sent to Jim Kent. Variance
 Section. Assistance Branch. PSPD/OSW
 (WH-563). U.S. Environmental
 protection Agencv «™ M Street SW..
 Washington. DC 20460. Identify your
 comments at the top with this docket
 number "F-87-BMAN-FFFFF".
    Requests for a hearing should be
  addressed to Bruce Weddle. Director.
  Permits and State Programs Division.
  Office of Solid Waste I WH-563). U S
  Environmental Protection Agpncy. 401 M
  Street SW.. Washington. DC 20460
    The public docket where this
  information can be viewed is located at
the U S. Environmental Protection
Agency. 401 M Street SW (sub-
basement), Washington. DC 20460  The
docket is open from 9:30 a m  to 3-30 p.m.
Monday through Friday, excluding
Federal holidays  Call Mia Zmud at (202)
475-9327 for appointments The public
may copy a maximum of 50 pages of
material from any one regulatory docket
at ne cost. Additional copies cost $0.20
per page.
FOR FURTHER INFORMATION CONTACT.
RCRA Hotline, toll free at (800) 424-
9346. or at (202) 382-3000. For further
informdtion on this notice, contact Ms.
Lori DeRose. Office of Solid Waste
(WH-563), U.S. Environmental
Protection Agency. 401 M Street SW..
Washington. DC 20460. (202) 382-5096.
SUPPLEMENTARY INFORMATION: On
November 27.1985 the Agency proposed
to grant an exclusion to Bommer
Industries.  Incorporated under 40 CFR
260.20 and 260.22 (see 50 FR 48930-48932
and regulatory docket number "Section
3001— Delistmg Petition (4)"). During the
public comment penod for that proposal.
one commentor suggested that the
Agency should obtain additional
ground-water data from Bommer to
more fully characterize any  impact the
petitioned waste may have had on
ground-water. Subsequent to the
publication of the proposed exclusion.
Bommer added an additional well to
 their ground-water monitoring system.
The monitoring data has been collected
 and submitted to the Agency in support
 of Bommer's petition. A copy of the data
 collected by Bommer Industries has
 been included in the public docket for
 the Agency's proposed decision (see
 docket number "F-87-BMAN-FFFFF").
 This data will be considered and used
 by the Agency in making its final
 decision on Bommer Industries' delistmg
 petition.
   Dated: April 1.1987
 Bruce R. Weddle.
 Director. Permits and State Programs
 Division.
 |KR Doc. 87-7832 Filed 4-8-67. 8 45 am)
 MUM CODE 6MO-MMI
  40 CFR Part 300
  [FRL-3141-1]

  Intent To Revise the Hazard Ranking
  System
  AGENCY: Environmental Protection
  Agency
  ACTION: Advance notice of proposed
  rulemakmg	

  SUMMARY: The Environmental Protection
  Agency ("EPA") is reviewing anil may
 revise the Hazard Ranking System
 ("HRS") The HRS is Appendix A to the
 National Oil and Hazardous Substances
 Contingency Plan ("NCF'J. which EPA
 promulgated on |uly 16.1982 (47 FR
 31180) pursuant to section 105(8)(A) of
 the Comprehensive Environmental
 Response. Compensation and Liability
 Act of 1980 ("CERCLA"). The HRS is the
 principal mechanism EPA uses to place
 sites on the CERCLA National Priorities
 List.
   This notice requests comments and
 information related to revising the HRS
 in advance of the proposed rulenuking.
 These comments will be taken into
 account by the Agency m revising the
 HRS.
 DATES: Written Comments: EPA will
 accept  written comments on revising the
 HRS until May 11.1987.
    Public Meeting. EPA will hold a
 public meeting to hear comments on
 revising the HRS at the location shown
 in "ADDRESSES." This meeting will be
 held on May 7 and 8.1987 from 9 a m. to
 4.30 p.m. both days. Oral presentations
 of comments should not exceed 15
 minutes in length A sign-up sheet for
 presentations will be available from 8.00
 to 9:00 a m  each day. Presentations will
 be scheduled on a first-come basis for
 that day only. Persons wishing to speak
 are asked to provide EPA with a copy of
  their comments at the time of the
 presentations.
  ADDRESSES: Written Comments:
  Comments may be mailed to to Russel
  H. Wyer. Director. Hazardous Site
  Control Division (Attn- HRS Staff).
  Office of Emergency and  Remedial
  Response (WH-548E). U.S.
  Environmental Protection Agency. 401 M
  Street. SW. Washington. DC 20460.
    Comments will be placed in the
  Superfund docket. The Superfund docket
  is located in EPA Headquarters.
  Waterside Mall Subbasement. 401 M
  Street. SW. Washington. DC 20460 and
  is available for viewing by appointment
  only from 9 a.m. to 4 p.m. Monday
  through Fnday excluding holidays. To
  obtain copies or make an appointment,
  contact Demse Sines at 202-382-3046.
     Public meeting. The public meeting on
   the HRS will be held at the Westpark
   Rosslyn Hotel. 1900 N. Fort Myer Drive.
   Arlington. Virginia.
   FOR FURTHER INFORMATION CONTACT:
   Jane Metcalfe. Hazardous Site Control
   Division. Office of Emergency and
   Remedial Response (WH-548E). U S
   Environmental Protection Agency. 401 M
-   Streei. SW. Washington. DC 20460.
   Phone (800) 424-9346 (nr 382-3000 in the
   Washington. DC. metropolitan area)

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11514
Federal Register / Vol.  52.  No. 68 / Thursday.  April  9. 1987  /  Proposed Rules
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II CERCLA Amendments
III Technical Issues
IV Consideration of Comments

I. Introduction
  In 1980. Congress enacted the
Comprehensive Environmental
Response. Compensation, and Liability
Act. 42 U.S.C. 9601. el seq. ("CERCLA"
or "the Act") in response to the dangers
posed by uncontrolled releases of
hazardous substances, pollutants, or
contaminants. To implement CERCLA.
the Environmental Protection Agency
(EPA) promulgated the revised National
Oil and Hazardous Substances
Contingency Plan. 40 CFR Part 300. on
July 16.1982 (47 FR 31180). pursuant to
section 105 of CERCLA and Executive
Order 12316 (46 FR 42237. August 20.
1981). The National Contingency Plan
("NCP"). further revised by EPA on
September 16.1985 (SO FR 37624) and
November 20.1985 (50 FR 47912). sets
forth the guidelines and procedures
needed to respond to releases and
threatened releases of hazardous
substances, pollutants, or contaminants
under CERCLA.
  Section 105(8)(A) of CERCLA required
that the NCP include criteria for
determining priorities among releases or
 hreatened releases for the purpose of
taking remedial or removal action.
Criteria were to be based upon relative
risk or danger,  taking into account the
population at risk, the hazardous
potential of the substances at  a facility.
the potential for contamination of
drinking water supplies, direct human
contact, destruction  of sensitive
ecosystems, and other appropriate
factors. The Agency  developed the
Hazard Ranking System ("MRS") to
implement Section 105(8)(A). The HRS
was codified as Appendix A of the NCP.
  Section 105(8)(B) of CERCLA requires
that the statutory criteria descnbed in
the HRS be used to prepare a  list of
national priorities among the known
releases or  threatened releases
throughout  the United States,  and that at
least 400 sites be designated for priority.
The list, which is Appendix B of the
NCP. is the National Priorities List
("NPL").

Hazard Ranking System
  The principal mechanism for placing
sites on the NPL is the application of the
HRS. The HRS was  designed to be a
screening device, one that would allow
the Agency to  rank sites qim.kly, using
ti\uilable data. The  HRS score reflects
the potential for harm to humans or the
 •nvironment from migration of a
                        hazardous substance by routes involving
                       ground water, surface water, or air and
                       is a composite of separate scores for
                       each of the three possible contaminant
                       migration routes. The score for each
                       route is obtained by assigning numerical
                       values (according to prescnbed
                       guidelines) to a set of factors that
                       characterize the potential of the release
                       to cause  harm. Sites with HRS scores of
                       28.50 or above have been placed on the
                       NPL
                         Generally,  the Agency conducts a
                       Preliminary Assessment (PA) and a Site
                       Inspection (SI) at a site to evaluate it for
                       possible  inclusion on the NPL. The PA
                       and SI are low-cost, initial data-
                       gathenng efforts designed to provide
                       input for HRS scoring.
                       National Priorities List
                         The purpose of the NPL is primarily to
                       serve as  an informational tool for use by
                       EPA in identifying sites that appear to
                       present a significant risk to public health
                       or the environment. The initial
                       identification of a site for the NPL is
                       intended primarily to guide EPA in
                       determining which sites warrant further
                       investigation to assess the nature and
                       extent of the  public health and
                       environmental nsks associated with the
                       site.
                         The NCP establishes that a site
                       cannot undergo Fund-financed remedial
                       action until it is placed on the final NPL
                       (40 CFR 300.68(a)]. The NPL does not
                       determine priorities for removal actions;
                       EPA may take removal actions at any
                       site, whether listed or not. that meets
                       the criteria of §§ 300.65-300.67 of the
                       NCP. Likewise. EPA may take
                       enforcement  actions under CERCLA
                       against responsible parties regardless of
                       whether  the site is on the NPL
                         Sites are placed on the NPL in
                       accordance with informal rulemaking
                       procedures of section 553 of the
                       Administrative Procedures Act. The NPL
                       now contains 703 sites. An additional
                       248 sites have been proposed.
                       II. CERCLA Amendments
                         On October 17.1986. CERCLA was
                       amended. The Superfund Amendments
                       and Reauthonzation Act of 1986
                       ("SARA") requires EPA to promulgate
                       changes  to the HRS not later than IB
                        months after the date of enactment and
                        implement these changes 24 months
                        after enactment. The amendments
                        require that EPA modify the HRS so
                        that, "to the maximum extent feasible, it
                        accurately assesses the relative degree
                        of risk to human health and the
                        environment posed by sites and
                        facilities subject to review."
                        Specifically,  section 105(c) of SARA
                        requires:
  • An assessment of (he human health nsks
associated with contamination or potential
contamination of surface waters, either
directly or as a result of the runoff of any
hazardous substance, pollutant, or
contaminant This assessment should lake
mlo account the  use of these waters for
recreation and the potential migration of .un-
hazardous substance, pollutant or
contaminant through surface water to
downstream sources of drinking water.
  • An evaluation of the damage to natural
resources which  may affect the human food
chain and which is associated with any
release or threatened release.
  • An assessment of the contamination or
potential contamination of the mnbiuul uii
which is associated  with a release or
threatened release of hazardous substances

  Section 125 of SARA requires EPA. in
its revision of the  HRS. to specifically
assess those wastes described in section
3001(b)(3)(A)(i) of the Resource
Conservation and Recovery Act
(RCRA). These wastes include fly ash
waste, bottom  ash waste, slag waste.
and flue gas emission control waste
generated primarily from the
combustion of  coal or other fossil fuels
The amendments require EPA to
consider
  (1) The quantity, toxicity. and
concentrations of hazardous constituents
which are present in such waste and a
comparison with other wastes:
  (2) The extent  of. and potential for. release
of such hazardous constituents into the
environment:
  (3) The degree of risk to human health and
the environment posed by such constituents.

  Additionally, section 118 of SARA
states that EPA shall give a high priority
to facilities where the release of
hazardous substances or pollutants or
contaminants has resulted in the closing
of drinking water wells, or has
contaminated a principal drinking water
supply
  The legislative history of SARA
makes clear that Congress did not
intend that the revised HRS become a
mechanism for making detailed risk
assessments: rather, it was intended to
be consistent with the limited purpose of
the NPL—screening sites that might.
after further study, warrant fund-
financed remedial action. See 132 Cong.
Rec. S14931 (daily ed. Oct. 3.1986)
(Statement of Senator Baucus). Senator
Baucus emphasized:
  The Congress recognizes that the Hazard
Ranking System must continue to function as
a screening tool that will allow the evaluation
of a litrge number of sites in an expeditious
mrtnner  Id

  In order to improve the accuracy of
the HRS. the Agency believes that a
modest expansion of data collection
activities may be necessary IIP fore a situ

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                Federal  Register /  Vol. 52. No. 68  / Thursday.  April 9.  1987 / Proposed Rules
                                                                     11515
 i proposed for the N'PL to implement a
 '   ^d HRS. To maximize the use of
     ,-ces at the beginning of the
     im. EPA must large! its data
    _lion activities to specific areas
that would most increase the accuracy
of the MRS. As was discussed in the
preamble to the current HRS (47 FR
31187. July 12.1982). the amount of
information to be collected for HRS
scoring must be balanced against the
cost and time required to obtain that
information. EPA anticipates that
several thousand releases may be
evaluated in the next several years for
inclusion on the NPL In revising the
HRS, the number and types of factors
must be consistent with the costs of data
collection, the large number of releases.
and the resources appropriate for
implementing the program. Comments
on this notice would be most useful if
they would focus on those areas of the
HRS where an increase in accuracy is
achievable without a significant
increase in the time and costs
associated with data collection.

HI. Technical Issues
  As an initial step in its review of the
HRS, EPA is requesting comments and
information related to revision  of the
HRS. The comments and information
should take into account the recent
   •ndments  to CERCLA and the intent
   iiongress for the HRS to remain a
   chanism for screening sites to
determine which may need additional
comprehensive studies. EPA is  soliciting
comments on the following areas:
  • Existing HRS scoring factors
  • Other model* for ranking hazardous
 substance releases
  • A mechanism for including dirpcl contact
 in the HRS
  • A mechanism for incorporating human
 food chain exposures into (he HRS
   Each of these areas for potential HRS
 revision is addressed in more detail
 below. In addition, the Agency would
 like comments on any other methods for
 improving the accuracy of the HRS.
 consistent with the NPL's limited
 purpose. The comments should address
 the methodologies needed to implement
 any such revisions, as well as  the
 associated data requirements and data
 collection costs.

 Existing HRS Scoring (actors
   EPA is considering modifying the
 current HRS scoring factors as
 discussed below. The Agency  solicits
 comments and technical information on
 the appropriateness of the changes.
 techniques for incorporating these
 changes into the HRS. (he additional
   jta requirements such changes might
  eeessitdte.  and the costs associated
with collecting these data. In addition.
the Agency would like comments and
information on whether such a change
would increase the accuracy of the HRS
and provide better discrimination among
sites.
  Ground Water Pathway. The existing
HRS evaluates the ground water
pathway using either "observed
release"—direct evidence of a release
from a facility to ground water—or
"route characteristics"—the potential
for a facility to cause a release to ground
water—taking into account the use of
the ground water ("the aquifer of
concern"), as  well as the loxicity and
persistence of the hazardous substances
The HRS evaluates the population
drinking water from the aquifer of
concern within a three-mile radius,
except where there is a lateral
discontinuity  in the aquifer which
prevents migration of contaminants. It
does not take into account the direction
of ground water flow, nor the potential
for hazardous substances to migrate
through Ihe ground water to the drinking
water wells. When the HRS was first
developed. EPA believed that requiring
a precise measure of the affected
population would add to the time and  >
expense of applying the HRS. Provisions
for limiting the area of concern based on
ground water flow direction were not
included because of the lack of reliable
data on direction of flow and because
the direction  of flow frequently varies.
See the preamble to the original NCP.
promulgated  July 12,1982 (47 FR 31190).
for more background.
   Although EPA still believes that it is
 very difficult to define ground water
 flow direction at the time of HRS
 scoring, the Agency is requesting public
 comment on  the feasibility of including
 more general flow direction data when
 determining the target population
 potentially affected by a release of
 hazardous substances.
   Currently,  the HRS only takes into
 account the existing use made of ground
 water drawn from the aquifer of concern
 within three  miles of the site. In its
 revision of the HRS. the Agency is
 considering modifying this factor to
 account for the future use of the ground
 water, as well as existing use. EPA
 would like comment on the
 appropriateness of such a change, as
 well as comment on methods for
 incorporating the future use of ground
 water into the HRS.
   In response to Section 118 of SARA.
 EPA is soliciting comments and
 information  on different mechanisms for
 giving priority in the HRS to those
 facilities thdt have caused the closing of
 drinking water wells or have
contaminated a principal drinking water
supply.
  Surface Water Pathway The surface
water pathway of the existing HRS is
scored in the same manner as the
ground water pathway, using either
"observed release" or "route
characteristics" and taking into account
the use of (he surface water  body, as
well as toxicity and persistence of the
hazardous substances. The surface
water pathway does not  lake into
account the mobility and fate of the
hazardous substances in the surface
water. EPA believed at Ihe time the HRS
was developed that such factors could
not be determined given  Ihe amount of
data available about most sites at the
lime of HRS scoring.
   Although EPA still believes that it
may be  very difficult to precisely
determine the mobility and fate of
hazardous substances in the surface
water, EPA is requesting comments on
Ihe feasibility of including such
information in the surface water
pathway. EPA would like information
concerning readily-available and easy-
to-use methods for incorporating such a
factor into the HRS, the'reliability of
these methods to accurately assess the
mobility of hazardous substances, and
whether such a factor would increase
the accuracy of the HRS. For example.
published information on
biomagnification factors could be used
to evaluate the potential for a hazardous
substance to bioaccumutate.
   The HRS currently uses a distance of
 three miles to determine the target
 population potentially affected by a
 release of hazardous substances into the
 surface water. EPA is soliciting
 comments and technical information
 concerning the adequacy of this distance
 in determining the potential threat to the
 population from contaminated surface
 water, as well as alternatives for this
 distance.
   The HRS currently assigns values for
 use of surface water, with drinking
 water receiving the highest value of
 three and recreation receiving a value of
 two. However, the population using the
 surface water for recreation is not takpn
 into account in the HRS score. In
 response to the recent amendments to
 CERCLA. EPA must evaluate the need
 for the HRS lo place a greater emphasis
 on the  recreational use  of the surface
 water, and would like comments on how
 such a change could be accomplished.
 For example, the Agency could evaluate
 the importance of recreation on a
 particular stream by looking at its Suite-
 designuled stream classification and
 assigning a score. EPA  would also like
 comments on what  the  weighting of

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recreational use of surface waters
•Snuld be in relation lo drinking water

  f\ir Pathway. The air pathway in the
exiling MRS is scored only via an
olisrived release, using data that show
contaminant levels at or near a facility
that significantly exceed background
levels. Potential dir releases are
cunenlly not considered. EPA is
soliciting comments and information on
techniques for incorporating a route
chiir.-iclenstics/cunlainmunl component
into the air pathway that would allow
the Agency to rank potential releases.
The comments should address the data
thai would be needed when considering
such  a component, the costs for data
gathering, and Ihe reliability of the route
characteristics components in assessing
potential air releases.
   The existing air pathway score takes
 • HIM account the population within a
 mur-mile radius when determining the
 target population potentially affected by
 d release of hazardous substances to the
 dir. EPA is soliciting comments on the
 adequacy of the existing target distance
 and on other distances that might more
 accurately reflect the harm to humans
 from a release of hazardous substances
 to the air. Comments are also solicited
 on whether alternative schemes to a
 fixed distance may be more appropriate.
  ; rl-idcd with these comments should be
   chnical information on the
 methodologies available to determine
 the appropriate target distance limit, the
 reliability of these methodologies, and
 the data requirements and data
 collection coils.
    Volume and Concentration of
 Hazardous Waste. In scoring all
  contaminant pathways of a site using
  the  existing HRS. EPA considers the
  quantity of hazardous waste deposited.
  rather than the quantity of hazardous
  constituents within these wastes. EPA
  ctl«o dues not consider the quantity of
  hazardous constituents released into the
  ground water, surface water or air. but
  or.ly whether that release is significantly
  above background When EPA
  developed the MRS. the Agency believed
   that determining Ihe quantity of
   hazardous constituents would require a
   significant amount of sampling and
   nn.Yyses that would result in substantial
   delays in the ranking of sites.
    The Agency has experienced
   difficulties in determining, even during a
   Kemedial Invesligation. the quantity of
   hazardous constituent'  \-:\\>\\ the
   waste \ lowevt-r. in response lo section
   1i)5(y!l2) .mil seclion 125 of SARA, as
   we'f js t.le  legislative history of SARA.
   I i'A is requesting commenls on ihe
   feasibility of including such information
    n a revised HRS. Comments should
address methods lo incorporate such a
factor into the structure of the MRS and
the amount of site-specific data
necessary lo accurately determine the
quantity of hazardous constituents
deposited. In addition, the comments
should address the issue of how to
calculate scores for sites for which it is
not feasible to obtain such information.
  EPA is also considering taking into
account the concentrations of hazardous
constituents in the ground water, surface
water and air. The Agency is soliciting
comments on the feasibility of
considering environmental
concentrations in the HRS. as well as
simplified techniques for accomplishing
this, taking into account the amount of
data available at the time of HRS
scoring.
   Additionally, in response to section
 125 of SARA, the Agency solicits
 comments and information concerning
 the quantity, loxicity. and
 concentrations of hazardous
 constituents within wastes described in
 section 3001(b)(3)(A)(i) of RCRA (fly ash
 and associated wastes), and how such
 characteristics compare with other types
 of hazardous wastes.
   Toxicity. Currently, the HRS
 determines the toxicity  of hazardous
 substances using a scheme developed
 by N. Irving Sax (1984). This scheme
 rates the toxicity of hazardous
 substances in ground water, surface
 water or air. on a scale of 0 to 3 and is
 primarily based on the  acute toxicity of
 the most toxic substance present. The
 Agency solicits comment on how the
 toxicity factor could be revised to more
 accurately consider the effects from
 acute, sub-chronic, and chronic
 exposures. The Agency is also
  interested in comments concerning the
  number of substances that should be
  considered when mixtures of chemicals
  are being evaluated, as well as
  information on methodologies that might
  more adequately characterize the
  toxicity of hazardous substances. The
  comments should include a discussion
  of the data requirements, costs, and
  reliability of the methodologies.
    Sensitive Environments. The existing
   HRS considers distance to a sensitive
   environment when evaluating the
   "targets" affected by a release of
   hazardous substances to surface water.
   The current HRS limits the definition of
   sensitive environments to wetlands and
   critical habitats of endangered species.
   EPA is soliciting commenls on the
   appropriateness of modifying the HRS to
   belter consider ecosyslcm effects or
   environmental damages and the
   weighting of such a factor relative to
   public health concerns. EPA is also
   soliciting comments on methodologies
for evaluating damage to sensitive
ecosystems and suggestions on
categories of sensitive environments to
be protected.
Other flanking Models
  In its review of the MRS. EPA is
evaluating a number of alternative
models used to evaluate and rank
hazardous waste sites. EPA is soliciting
information on other systems that mighl
be available to rank relative risk al
sites, including specific information on
the technical aspects of these systems
The comments should address the data
requirements and costs of these
systems, and  how these systems
compare to the HRS in measuring risks
to human health or the environment.

Direct Contact
   For purposes of the NPL. the current
 HRS does not-take into account direct
 contact with  hazardous wastes (soil
 ingestion. inhalation, or dermal
 exposure). However, based on EPA s
 experience in cleaning up hazardous
 waste sites, direct contact has been one
 of the most significant factors in
 selecting a remedy. The Agency believes
 that it is appropriate to include such a
 factor in a revised HRS and is
 evaluating various mechanisms for
 doing so. either as • part of one of the
 current pathways (i.e.. ground water.
 surface water or air), or as a separate
 pathway.  The Agency solicits comments
 on how the structure of the HRS might
 be modified to include direct contact
 and what factors should be included in
 such a revision.
 Human Food Chain Impacts
    The CERCLA amendments require
  EPA to evaluate the effect of hazardous
  waste sites  on natural resources that
  may affect the human food chain. In
  response to this requirement EPA is
  considering incorporating a human food
  chain component into a revised HRS.
  The Agency solicits comments on the
  importance of a human food chain
  pathway in evaluating human exposure
  to hazardous substances and simplified
  methodologies to assess these impacts.
  EPA is also soliciting comments on now
   to incorporate a substance's persistence
   and its tendency to bioaccumulate into
   the human food chain pathway. These
   comments should address the reliability
   of these  methodologies in accurately
   assessing the food chain contaminaiion.

   IV. Consideration of Comments
     Commenls on Ihese and other issues
   related lo HRS revisions  should be sent
   to the location given above under  Ihe
   heading "ADDRESS". EPA will review

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             Federal Register  /  Vol.  52.  No. 70  /  Monday.  April 13.  1987 / Ruins and  Regulations       11819
confidential source, including a Stale.
local or foreign agency or authority or
any pnvate institution which furnished
information on a confidential basis, and.
in the case of a record or Information
compiled by a criminal law enforcement
authority in the course of a criminal
investigation, or by an agency
conducting a lawful national security
intelligence investigation, information
furnished by a confidential source: (5)
would disclose techniques and
procedure for law enforcement
investigations or prosecutions, or would
disclose guidelines for law enforcement
investigations or prosecutions if such
disclosure could  reasonably be expected
to risk circumvention of the law. or (6)
could reasonably be expected to
endanger the life or physical safety of
any individual.

  4. Section 212.42 is added to read as
follows:
{212.42 Emmption from 5 U.S.C. S52.
  Whenever a request is made which
involves access to records described in
paragraph (g) of  1212.41 and the
investigation or proceeding involves a
possible violation of criminal law; and
there is reason to believe that the
subject of the investigation or
proceeding is not aware of its pendency.
and disclosure of the existence of the
records could reasonably be expected to
interfere with enforcement proceedings.
the Agency may. during only such time
as that circumstance continues, treat the
records as not subject to the
requirements of 5 U.S.C. 552 and this
subpart.
  Dated: March 3.1987.
RAM Johnson.
Director. Office of Public Affair*. Bureau for
External Affair*.
|KR Doc. 87-6128 Filed 4-10-«7: MS am]
eiUJNO COM •!«-•»•«•
 ENVIRONMENTAL NIOTECTION
 AGENCY
 40 CFR Parts 26
 ISW-Fm.-3183-S)
 System; Burning erf Wast* Fuel and
 Usad Oil Fuel In Boilarm and Industrial
 Furnace*; Technical Corrections

 AQENCV. Environmentiil Protection
 Agency.
 ACTION: Technical corrections to
 hazardous waste fuel/used oil fuel rules.

 SUMMARY: On November 29.1985. EPA
 promulgated a final rule regulating
hazardous waste fuels and certain used
oil fuels. EPA has since identified
several provisions that require
correction or clarification. This notice
makes those changes and modifies thn
previous package accordingly.
EFFECTIVE DATE: April 13.1987.
FOR FURTHER INFORMATION CONTACT:
RCRA Hotline, toll free, at (800) 424-
9348 or (202) 382-3000. For technical
information contact Robert Holloway.
Environmental Protection Agency. 401 M
Slreet. SW.. Washington. DC 20460.
SUrFUMCNTAJtY IMFOftMATIOH:

I. Technical Corrections to Rule
A. Notification
  The rules of hazardous waste fuels
indicate that marketers and burners of
hazardous waste fuels must submit a
one-time notification to EPA describing
their waste as fuel activities. See
{$ 266.34(b) and 266.35(b). Marketers.
transporters, and burners of off-
specification used oil fuel likewise are
required to file a one-time notification.
See it 26fl.43(b)(3) and 286.44(b). This
requirement first took effect on January
29.1986. and also applies to facilities
commencing hazardous waste fuel or
off-specification used oil fuel
management activities after that date.
Section 3010(e) of RCRA, as amended
by the 1984 amendments, requires
producers, marketers and burners of
hazardous waste or used oil fuel to
notify the Agency "(n)ot later than
fifteen months after the date of
enactment" of the statutory amendments
of February 8, 1988. This statutory
notification is a prerequisite to Interim
status. H. Rep. No. 198 at 41. The
Administrator may waive the statutory
notification requirement for certain
types of facilities. RCRA section 3010(a).
   There is considerable confusion in the
regulations a» to whether the
notification requirement in the rules
implements the section 3010(a)
 requirement (and hence Is a prerequisite
 to interim status), or whether it
 implements general  information-
 galhenng authorities (e.g.. section
 3007(a)). In addition, neither the statute
 nor the regulation clearly indicate which
 facilities are subject to the section
 3010(a) notification requirement The
 statutory requirement could apply to
 facilities in existence on November 8.
 1984. or to those in existence on the date
 when notification is due. February 6.
 1986. In today's notice. EPA clarifies
 both of these issues.
   With respect to the issue of which
 facilities were subject to the section
 3010 notification requirement, neither
 the statutory language nor its  legislative
 history provides these alternatives, and
F.PA did not address the issue m the
November 29.1905. rules Indeed  the
issue may have been further confused
by the addition of a re«uUinr>
notification requirement which U,nk
uffcct on January 29.VJbb. und continued
thereafter for facilities commencing
activities after that date.
  To avoid further confusion. EPA is
taking the following positions. First, the
notification requirements in the
regulation are in addition to. not in
replacement of. the statutory 3010
notification requirement*. Siv.nnd,
because of the lapsed time since the
publication of the rule and the date of
statutory notification and because EPA
believes a facility could reasonably
have chosen either interpretation, EPA
believes that a facility will have failed
to meet the section 3010(a) requirement
only if it was in existence on both
November 8.1984. and February 8.1986.
and did not notify by February a 1986.
(In this regard, facilities notifying on
January 29.1986. who were in existence
on November 8.1984. would be deemed
to satisfy this requirement.)
  The most important clarifying change
we are making today is to indicate that
the notification requirement in the
regulations does not implement section
3010(a). and so is unrelated to eligibility
for interim status. This is shown  by the
commencement of the regulatory
requirement on January 29.1986. for
facilities in existence on November 29.
1985 (rather than any of the possible
statutory dates), and by the fact  that the
regulatory notification applies to
facilities commencing waste fuel
activities after February & 1988.
   However, section 3010(a) notification.
where required, is still a prerequisite for
interim status. Thus, facilities in
existence on November 8. 1984. and
February 8,1988. must have provided a
3010(a) notice by February 8.1986. in
order to qualify for interim status.
(Conversely, facilities not in existence
on both of these dates are not required
 to notify as a prerequisite to obtaining
 interim status.)
   Since SS 286.31.266.34. and 266.35
 indicate erroneously that the
 notification requirement applies "under
 section 3010". we are striking this
 reference. Thus, the notification
 continues to be required under the
 regulations but is not a prerequisite for
 interim status. (Notification may
 continue to be provided on F.PA Form
 8700-12. We note, however, that this
 form refers to section 3010(a). It should
 be understood that this reference docs
 not apply in all cases, and that the
 nolifiralion is in reality required

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  11820
Federal  Register /  Vol.  52.  No. 70  /  Monday.  April 13. 1937 / Rules and  Regulations
  pursujnl to other RCRA information-
  s'.ithering authorities.)
               of Hazardous Waste Fuel
      •iiin» Tanks
    Another feature of the November 29
  rules thjt could be better articuldted
  involves regulation of tanks used to
  blend hazardous waste fuels. These
  tanks are found most often at hazardous
  waste fuel marketers' facilities, where
  hazardous wastes are blended with oil
  and other materials to produce
  hazardous waste fuels. Tanks can also
  be used in npttle out impurities such as
  bulk solids and water in the course of
  hazardous waste fuel production.
    Several persona have questioned
  whether these tanks are considered to
  be exempt recycling units. We believe a
  fair  reading of the rules reflects the
  Agency's intent that these tanks be
  regulated, not exempt.
    The current rules require marketers
  and  burners to comply with all
  "applicable" storage standards, and
  thus do not address specifically the case
  of hazardous waste fuel blending tanks.
  See  §{ 266.34(c). 286.35(c). The  preamble
  likewise does not speak directly to the
  issue of fuel blending tanks. The
  preamble does, however, articulate a
  strong policy to regulate hazardous
  waste fuels cradle to grave, to regulate
    •>rdous waste fuel marketers strictly,
      i remove certain existing
      atory anomalies that had resulted
  irTgaps in regulatory coverage. Thus.
  EPA stated that
  ail storage of all hazardous waste fuels IB
  •object to regulation. . . The Agency is
  today regulating the storage (and
  t; msponation) of any hazardous waste used
  to produce a fuel and of any hazardous waste
  fuel so produced. .  . As proposed,  today's
  rules subject hazardous waste fuels to
  storage (and other) controls. This includes
  s'orage by the initial marketers (e.g..
  processors, blenders), storage by subsequent
  irrirketers (e g.. distributors),  and storage by
  burners. SO FR at 49198 (emphasis original).
   In the same discussion,  the Agency
  emphasized that it was eliminating
  existing regulatory exemption! for non-
  sludge wastes which are hazardous
  solely because they exhibit a   «•
  characteristic of hazardous waste. Id.
  The  Agencv also eliminated an
  exemption for blended hazardous waste
  fuels produced by a person who neither
x  generated nor burned the fuel. Id. at
  4U168/1. The Agency took these steps
  bncause the exemptions were without
  environmental basis, and  interfered with
  the announced goals of controlling
  hazardous waste fuels cradle to grave.
. Such exemptions also interfered with
      '•cr staled Agency goal of strictly
        lling hazardous waste fuel
                           marketers' dclivities. and making certain
                           that storage of both marketers' incoming
                           hazardous waste and outgoing
                           hazardous waste fuels is fully regulated.
                           lil at 49199.
                             Given that a chief, articulated purpose
                           of (he November 29 rules wds to control
                           storage of hazardous wastes used to
                           produce fuels, to further control storage
                           of the hazardous waste fuels once
                           produced, and that the Agency was at
                           pains to remove anomalous exemptions
                           relating to storage from the rules, the
                           Agency believes it clear that storage
                           controls apply to hazardous waste fuel
                           blending tanks. It simply makes no
                           sense to enact a cradle to grave
                           regulatory system but to leave a gap for
                           the blending operation. The Agency
                           notes further that where it wished an
                           activity relating to hazardous waste fuel
                           management to remain exempt, it
                           provided a specific regulatory
                           exemption, as for the act of burning.
                           There is no explicit exemption for
                           blending tank storage. We consequently
                           are clarifying in today's notice that the
                           reference to "applicable" storage
                           standards in the hazardous waste rules
                           subjects hazardous waste fuel blending
                           tanks (along with all other hazardous
                           waste fuel storage devices) to storage
                           regulations.
                           C. Exemption of Coke and Coal Tar
                           Produced From Coal Tar Decanter
                           Sludge by the Iron and Steel Industry
                             It  has come to the Agency's attention
                           that certain iron and steel  facilities may
                           be combining various hazardous wastes
                           with their coke and coal tar and
                           claiming that the resulting fuel is exempt
                           from regulation. This practice is not
                           intended to result in an exempt fuel
                           except when EPA Hazardous Waste No.
                           K087 is Involved. In response to industry
                           comment. EPA exempted from
                           regulation coke and coal tar produced
                           from iron and steel industry coal tar
                           decanter sludge (Hazardous Waste
                           K087) on the grounds that coke and coal
                           tar so produced contain the same
                           concentrations of hazardous
                           constituents as coke and coal ter
                           produced without the hazardous waste
                           sludge. 50 FR at 49170-171. The Agency
                           was absolutely explicit that coke and
                           coal tar produced from Hazardous
                           Waste K087 were the only waste fuels
                           being exempted. Id Likewise, the
                           comments  on this issue, from the
                           American Iron and Steel Institute and
                           from Koppers. referred only  to coke and
                           coal tar produced from Hazardous
                           Waste KU87.
                             EPA mistakenly codified this
                           exemption as applying to iron and steel
                           Industry coke and coal tar produced
                           from any iron and steel industry
 hazardous waste, rather than just from
 waste K087. This obviously was neither
 the Agency's intent, nor commenters*.
 since all discussion on this issue HJS
 involved exclusively use of K087  m the
 coking and coal tar processes. We
 consequently are correcting the
 language of the exemption to indicate
 (hat it applies only to coke and coal tar
 produced from coal tar decanter sludge
 (EPA Hazardous Waste K087).

 D. Notification by Burners of Used Oil
 Meeting the Fuel Specification

  EPA indicated in the preamble  to the
 final regulations  that "burners who first
 claim that used oil fuel meets the
 specifications" must-notify EPA or an
 authorized state of their used oil fuel
 management activity. SO FR at 49195/3.
 The Agency neglected, however, to
 include this requirement in the used oil
 fuel burner regulations (although the
 parallel notification requirement for
 marketers who first claim that used oil
 fuel meets the specification is included
 in the rules for used oil fuel marketers.
 See t 286.43(a)(2)).
  The Agency also indicated, however.
 that notification requirements ordinarily
 do not apply to burners of specification
 used oil fuel. 50 FR 49195.49198. This
 language only apparently conflict! with
 the preamble language cited above. EPA
 intended that burners who generate and
 bum their own specification oil are not
 required to notify. In contrast, burners
 who receive off-specification oil from a
 marketer and blend it themselves must
 notify, since they are otherwise
 prohibited from receiving shipments of
 off-specification used oil from
 marketers. See §  266.43(b)(5)(A).
 Accordingly, we are also clarifying in
 today's rule that burners who generate
 and burn their own specification used
 oil fuel—the only burners not affecied
 by the requirement in § 266.43(b)(5)(A)—
 are not required to notify.
  In light of the Agency's clear intent
 and inadvertent omission, we feel
 justified in conforming the rule for
 burners to reflect the preamble
 statement and parallel regulations.
Thus, used oil fuel burners who are the
 first person to claim that used oil fuel
 meets the specification—but do not
 themselves generate such oil—must file
 a one-time notification of their activities
 with the Agency. As a practical matter.
 we expect this requirement to affect
 only burners engaged in blending
 activities.

£ Change to § 261.3fcJ

  The final rules  included a conforming
 change to 8 2G1.3(c)(2)(ii)(B) referring to
 materials exempted under

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             Federal Register  /  Vol. 52.  No. 70  /  Monday.  April 13.  1987 / Rules and  Regulations       11821
"J 281.3(el(3)(ivl. (vi). (vii). or (viii)".
This reference should be to the wastes
exempted by i 261.6(a)(3)(vHix). We
are correcting this erroneous reference
in today's notice.
F Definition of Marketer
  Marketers of hazardous waste fuels
and off-specification used oil fuels are
subject to a number of regulatory
requirements including notification.
invoice (for used oil), certification.
manifest (for hazardous waste), and
storage standards for hazardous «aste.
A question has been raised whether
processors and blenders who send used
oil to brokers or distributors rather than
to ultimate burners are marketers of
used oil fuels.
   These types of processors and
blenders are marketers under the rules.
The rules for hazardous waste fuel
marketers indicate explicitly that
"persons who receive hazardous waste
from generators and produce, process or
blend hazardous waste from these
hazardous wastes" are marketers. See
{ 266.34. Although the parallel provision
for used oil fuel marketers does not
contain this language (due to
inadvertent omission), the Agency was
at pains to indicate that intermediate
processors and blenders are marketers.
notwithstanding lack of sale to burners.
Thus, the Agency stated that "EPA ia
adopting today a system to track
hazardous waste fuel and off-
specification used oil fuel from the
initial marketers (e.g.. processors.
blenders, distributors, or generators who
market to burners) through
intermediaries (e.g.. transporters.
distributors) to the industrial users who
 burn the fuel for energy recovery." 50 PR
 at 49196/2. To the same effect see SO FR
 49198/2 (storage controls apply to
 "storage by the initial marketer (e.g.
 processors, blenders), storage by
 subsequent marketers (e.g. distributors).
 and storage by burners").
   The only persons who are not
 marketers are initial generators and
 transporters who do not not sell directly
 to burners, and subsequent transporters
 and brokers who do not take ownership
 of the oil. Section 286.4XaXD and 50 FR
 49195/1. An example is an industrial
  facility that generates used oil in the
  course of its operations. This type of
  initial generator does not know that its
  oil could be a fuel. Processors and
  blenders, on the other hand,  are in the
  used  oil business and know that fuel use
  is the only reasonable disposition of the
  used  oil they process. Thus, virtually by
  definition, processors and blenders
  produce a used oil or fuel. We note that
  Congress took this view in the 1984
  RCRA amendments, stating that
hazardous waste fuel requirements
applied to both "blenders and
distributors". H. Rep. No. 198 at 40.
Likewise, m discussing used oil.
Congress provided an example of a used
oil processor removing contaminants
from used oil and selling the processed
oil to a retail dealer as an entity to be
regulated as a used oil fuel facility. Id. at
69. (Should any blenders or processors
deal exclusively with the handful of
rerefmers in the country, or if they are
processing used oil exclusively for road
oiling (an illegal activity in many
jurisdictions] they could conceivably
argue that they are not marketing used
oil fuel. These are very unlikely
scenarios, and the Agency  knows of no
other circumstances when  a processor
or blender would be dealing with
intermediaries and not be producing a
used oil fuel.)
  In light of the Agency's explicit
statements. Congressional statements in
legislative history, and the fact that any
reading eliminating processors and
blenders from the existing  rules would
result in the very type of unintended
loophole the rules and statute were
intended to prevent we think the only
sensible reading of the current rules is
that initial blenders and processors of
used oil (except those who generate the
waste itself and send it to  a person who
does not burn it) are marketers. We
have added one clarifying sentence to
the current rules to make this point more
explicit, and incorporated the parallel
language from the definition of marketer
for hazardous waste fuel.

C. Typographical Erron

   Today's notice also corrects several
miscellaneous typographical errors and
 omissions in the rule.

 IL Regulatory Impact

   Under Executive Order  12291. EPA
 must judge whether a regulation is
 "major" and therefore subject to the
 requirements of a Regulatory Impact
 Analysis. Since this notice makes
 technical corrections and  does not
 change the previously approved final
 rule, this rule is not a major rule. and.
 therefore no Regulatory Impact Analysis
 is required.
 List of Subjects la 40 CFR Parts 281 and
 266
   Hazardous waste. Recycling.
 |. W. McGraw.
 Acting Assitlanl Administrator for Solid
  Waste and Emergency Response.

    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 fur Pur! 201
continues to read as follows:
  Authority  Sections 1008. 2002(ft|. 3001 nnd
3002 of the Solid Waste Disposal Act. as
amended by the Resource Conservation and
Recovery Act of 1976. as amended (42 U S C.
6905. 6912(8). 6921. and 6922).

  2, Section 281.3 is amended by
revising paragraph (c)(2)(u)(B) to reed as
follows:

g MO  Definition ol hazardous waste.
•    •    •    •     •

  (c)' ' '
  (2) * ' '
  (ii) * ' '
  (B) Waste from burning any of the
materials exempted from regulation by
t 281.6(a)(3)(v-ix).
•    •     •    •    •

  2. Section 261.8 is amended by
revising paragraph (a)(3)(vii) to read as
follows:

9 261.6  Requirement* for racycable
materials.
  (a) *  •  '
  0)'  *  '
  (vii) Coke and coal tar from the iron
and steel  industry that contains EPA
Hazardous Waste No. KOB7 (Decanter
tank tar sludge from coking operations)
from the iron and steel production
process:
 PART 266— STANDARDS FOR THE
 MANAGEMENT OF SPECIFIC WASTES
 AND SPECIFIC TYPES OF WASTE
 MANAGEMENT FACILITIES

   1. The authority citation for Part 266
 continues to read as follows:
   Authority: Sections 1006. ZOOZfa). 3004. and
 3014 of the Solid Waste Disposal Act. as
 amended by the Resource Conservation and
 Recovery Act of 1976. as amended (42 U S.C.
 6905. 6912(a). 6924. and 6934).

 Subpart D—Hazardous Watte Burned
 for Energy Recovery

   2. Section 268.31 is amended by
 revising paragraph (a)(l) to read as
 follows:

 {266.31  ProMWtton*.
   (a) ' • *
   (1) To persons who have notified EPA
 of their hazardous waste fuel activities
 and have a U.S. EPA Identification
 Number, and
 •     •    •     •    •

   3. Section 266.34 is amended by
 revising  paragraphs (c)(1)(i). (H) and the

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 11822       Federal Register / Vol.  52.  No. 70 / Monday. April  13. 1PH7  /  Rules and Regulations
 first sentence of paragraph (b) to read as
^follows:
          Standards applicable M
     teters of hazardous wmata fuel
      •    •    .    •
   (b) Notification. Notification of
 hazardous waste fuel activiles. ' ' *
 •    •    •    •    •
   (e) ' ' '
   ID''*
   (i) The burner or marketer has notified
 EPA and identified his waste-as-fuel
 activities: and
   (ii) If the recipient it a burner, the
 burner will  burn the hazardous waste
 fuel only in an industrial furnace or
 boiler identified in | 266.31(b).
 •    •   •    •    •
   4. Section 26&3S is amended by
 revising the introductory paragraph and
 paragraphs  (c)(3). (d)(l) and the first
 sentence of paragraph (b) to read as
 follows:
 $266.35  Standards
 of hazardous waste f usL
   Owners and operators of industrial
 furnaces and boilers identified in
 S 266.31 (b) that bum hazardous waste
 fuel are "burners" and are subject to the
 following requirements:
   (b) Notification. Notification of
 hazardous waste fuel activities.  • •  •
   fc) * • '
     ' For new storage facilities, the
   '   :able provisions of Subparts A
-~~»ugh L of Part 264. and Parts 270 and
 124 of this chapter
   (d) '  • •
   (1) He has notified EPA and Identified
 his waste-as-fuel activities; and
 Subpart E—Used Oil Burned for
 Energy Recovery

   5. Section 266.43 is amended by
 revising paragraph (a) introductory text
 to read as follows:

 S 266.43  Standard* appsfcatto to
 marketers of used on burned tor energy
 recovery.
   (a) Persons who market used oil fuel
 are termed "markelcis • ExcepfHS*
 provided below, marketers tnemde
 generators who market used oil fuel
 directly to a burner, persons who
 receive used oil from generators and
 produce, process, or blend used oil fuel
xfrom these used oils (including persons
 sending blended or processed used oil to
 brokers or other intermediaries), and
 persons who distribute but do not
 process or blend used oil fuel. The
 following persons are not marketers
 . -liiect to this subpart:
               6  Section 20644 is amended by
             revising inn first sentence of paragraph
             (b) to read as follows:

             S 266.44  Standards applicable to burners
             of used oil burned for energy recovery.
             •    •    •    •    •
               (b) Notification. Burners of off-
             specificalion used oil fuel, and burners
             of used oil fuel who are the first to claim
             that  the oil meets the specification
             provided under $ 266.40(e), except
             burners who burn specification oil that
             they generate, must notify EPA stating
             the location and general rie»rrintmn of
             used oil management activities. Burners
             of used oil fuel that meets the
             specification who receive such oil from
             a marketer that previously notified EPA
             ere not required to notify. Owners and
             operators of used oil-fired space healers
             that  burn used oil fuel under the
             provisions of 8 266.41(b)(2) are exempt
             from this notification requirement. • • •
to burners    [FR roc. B7-8033 Filed 4-10-67; 8-45 am]
             •111 I I
             40 CFR Part 721

             [OPTS-SOS32A: FRL-3185-3]

             Methyl n-Butyl Ketone; Determination
             of Significant New Use

             AGENCY: Environmental Protection
             Agency (EPA).
             ACTION; Final rule.	

             SUMMARY: EPA is promulgating a
             significant new use rule (SNUR) under
             section 5(a){2) of the Toxic Substances
             Control Act (TSCA) that requ:res
             persons to notify EPA at least 90 days
             before commencing the manufacture.
             import, or processing of methyl n-butyl
             ketone (MBK) (CAS Number 591-78-6)
             for any use. EPA believes that this
             action is necessary because MBK may
             be hazardous to human health, and any
             use of MBK and activities associated
             with such use may result in significant
             human exposure. The required notice
             will furnish EPA with the opportunity to
             evaluate the intended use. and. if
             necessary, prohibit or limit that activity
             before it occurs.
             DATES: In accordance with 40 CFR 23.5
             (50 FR 7271). this rule shall be
             promulgated for purposes of judicial
             review at 1 p.m. eastern time on April
             27.1987. This rule becomes effective on
             May 27.1987.
             FOR FURTHER INFORMATION CONTACT:
             Edward A. Klein. Director. TSCA
             Assistance Office (TS-799). Office of
             Toxic Substances. Environmental
             Protection Agency. Rm. E-543. 4O1 M St..
SW.. Washington. DC 20460. Telephone:
(202-554-1404).
SUPPLEMENTARY INFORMATION:

I. Authority
  Section 5(a)(2) of TSCA (15 U.S.C.
2604(a](2)) authorizes EPA to determine
that a use of a chemical substance is a
significant new use. This determination
is made by rule after consideration of all
relevant factors, including those listed in
section 5(a)(2). Once a use is determined
to be a significant  new uae.  persons
must, under section 5(a)(1)(B), submit d
notice to EPA at least 90 days before
they commence the manufacture, import
or processing of the substance for that
use.
  Persons subject  to this SNUR must
comply with the same notice
requirements and EPA regulatory
procedures as submitters of
premanufacture notices (PMNs) under
section 5(a)(l)(A) of TSCA.  In particular,
these requirements include  the
information submission requirements of
section 5(b) and (d) (I), the exemptions
authorized by section 5(h) (1). (2). (3).
and (S), and the regulations at 40 CFR
Part 720. Once EPA receives a SNUR
notice, the Agency may take regulatory'
action under section 5(e). 5{f). 6. or 7 to
control the activities for which it  has
received a SNUR notice. If EPA does not
take action, section 5(g) of TSCA
requires the Agency to explain in the
Federal Register its reasons for not
taking action.
  Persons who intend to export a
substance identified  in a proposed or
final SNUR are subject to the export
notification provisions of TSCA section
12(b). The regulations that interpret
section 12(b) appear at 40 CFR Part 707.
Persons who intend to import a
substance are subject to the TSCA
section 13 import certification
requirements, which are codified at 19
CFR 12.118 through 12.127 and 127.28.
Persons who import a substance
identified in a final SNUR must certify
that they are in compliance  with the
SNUR requirements. The EPA policy in
support of the import certification
requirements appears at 40  CFR Part
707.

II. Applicability of General Provisions
  In the Federal Register of September
5.1984 (49 FR 35011). EPA promulgated
general regulatory provisions applicable
to SNURs (40 CFR Part 721. Subpart A).
The general provisions arc discussed  in
detail in the cited Federal Register
document, and interested persons
should refer to that document for further
information. These general  provisions
apply to this SNUR. except  as provided

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Friday
April  17, 1987
Part V

Department of the
Interior	
Office of the Secretary
43 CFR Part 11
Natural Resource Damage Assessments;
Proposed Rule

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12886
Federal  Register / Vol. 52. No. 74  /  Friday,  April 17. 1987  /  Proposed Rules
DEPARTMENT OF THE INTERIOR

Office of the Secretary

43CFRPart11

Natural Resource Damage
Assessments
AGENCY: Department of the Interior.
ACTION: Proposed rule.

SUMMARY: This proposed rule provides
amendments to the final natural
resource damage assessment regulations
to be codified  at 43 CFR Part 11. The
natural resource damage assessment
regulations establish procedures for
assessing damages to natural resources
resulting from a discharge of oil or a
release of a hazardous substance, and
compensable under either the
Comprehensive Environmental
Response. Compensation, and Liability
Act (CERCLA), as amended, also known
as Superfund. or under the Clean Water
Act (CWA). The regulations contain
procedures for two types of
assessments: standard, simplified "type
A" procedures: and alternative "type B"
procedures to be used in individual
cases. The final regulations were
published in two segments, the rule
published on August 1,1986 (51 FR
27674). contained the general
assessment process, applicable to both
types of assessments, and the type B
procedures. The rule published on
March 20.1987 (52 FR 9042). contained
type A procedures.
   The natural resource damage
assessment regulations are provided for
the use of authorized Federal and State
officials referred to in CERCLA as
"trustees" for natural resources. These
procedures will assist authorized
officials to perform natural resource
 damage assessments for use in court
actions or administrative proceedings
when seeking compensation for injuries
 to natural resources.
   This proposed rule is necessitated by
 the Superfund Amendments and
 Reauthorization Act (SARA), passed by
 Congress and signed by the President on
 October 17.1986. This proposed rule
 modifies the final regulations to conform
 with changes enacted by SARA that.
 among others: extend the rebuttable
 presumption to assessments performed
 by State trustees; provide for the
 recovery of prejudgment interest on
 damage awards; provide for a statute of
 limitations that revives certain past
 claims: require notification of trustees in
 cases of discharges or releases that
 might injure natural resources of
 concern to the trustee: create new
 responsibilities for Indian tribes; require
                      Federal trustees to retain sums
                      recovered, without further
                      appropriations, for use only to restore.
                      replace, or acquire the equivalent
                      resources: and require State trustees to
                      use sums recovered only to restore,
                      replace, or acquire the equivalent
                      resources.
                      DATES: Comments on this proposed rule
                      should be submitted by May 18.1987.
                      ADDRESS: Comments should be sent to
                      David Rosenberger, CERCLA 301
                      Project Room 4354, Department of the
                      Interior, 1801 "C" St. NW. Washington.
                      DC 20240. Comments will be available
                      for review at the above address during
                      regular business hours (7:45 a.m. to M5
                      p.m.) Monday through Friday.
                      FOR FURTHER INFORMATION CONTACT:
                      David Rosenberger (202] 343-1301
                      Linda Burlington (202) 343-1301
                      Willie Taylor (202) 343-7531
                      Alison Ling (415) 556-8807
                      SUPPLEMENTARY INFORMATION:.
                         The contents of this preamble are
                      listed in the following outline:
                      I. Introduction
                      II. Overview of Proposed Rule
                         A. Rebuttable Presumption
                         B. Definitions
                         C. Prejudgment Interest
                         D. Prohibition on Doable Recovery
                         E. Statute of Limitations
                         F. Claims Against the Fund
                         G. Notice to Trustee*
                         H Statutory Exclusions
                         L Indian Tribes
                         J. Appropriations Process
                         K. Sixty-Day Notice
                         U Use of Sums Recovered as Damages
                         M. Correction
                       I. Introduction
                         Pursuant to section 301(c) of the
                       Comprehensive Environmental
                       Response. Compensation, and Liability
                       Act of 1980 (CERCLA). 42 U.S.C. 9601 el
                       aeq* and Executive Order 12316. August
                       14.1981  (46 FR 42237), the Department of
                       the Interior (the Department) published
                       final natural resource damage
                       assessment regulations on August 1,
                       1986 (51 FR 27674). and March 26,1987
                       (52 FR 9042). The regulation published at
                       51 FR 27874 contained procedures for
                       the overall natural resource damage
                       assessment process and specific
                       procedures for conducting type B
                       assessments in individual cases. The
                       regulations published at 52 FR 9042
                        contained simplified procedures for
                        conducting type A assessments ia
                      •  coastal and marine environments.
                        Hereafter, these natural resource
                        damage assessment rules are
                        collectively referred to as the final-rules.
                        or rule. In the Superfund Amendments
                        and Reauthorization Act of 1986
(SARA). Pub. L 99-499. October 17.
1986. Congress made several revisions
to sections of CERCLA directly relating
to the final rules promulgated by the
Department. In addition. Executive
Order 12580 (52 FR 2923. January 23.
1987) redelegated the responsibility to
promulgate the natural resource damage
assessment regulations to the
Department of the Interior. Today, the
Department is proposing to amend the
final rules to conform with the
amendments to CERCLA enacted by the
passage of SARA.
D. Overview of the Proposed Rule

A. Rebuttable Presumption
  The final rule published on August 1.
1986. provided that the rebuttable
presumption attached only to
assessments performed by Federal
officials (see { 11.11 (51 FR 27726)). The
Department, in the preamble to the rule.
stated that it had adopted a position on
this issue that was consistent with the
Executive branch's prior interpretation
of CERCLA in this matter (51 FR 27694.
August 1.1966).
   Section 107(d)(l) of SARA amended
 section 107(f) of CERCLA to add a new
 subsection (2)(C). which reads:
   [Q REBUTTABLE PRESUMPTION.—Any
 determination or assessment of damages to
 natural resources for the purposes of this Act
 and section 311 of the Federal Water
 Pollution Control Act made by a Federal or
 State trustee in accordance with the
 regulations promulgated under section 301(c)
 of this Act shall have the force and effect of a
 rebuttable presumption on behalf of the
 trustee in any administrative or judicial
 proceeding under this Act or section 311 of
 the Federal Water Pollution Control Act
 (emphasis added.)
•   This SARA amendment specifically
 allows the rebuttable presumption to
 attach to natural resource damage
 assessments performed in accordance
 with the final rules to be codified at 43
 CFR Part 11 to State trustees, as well as
 Federal trustees. Section lll(c)(2) of
 SARA deleted section lll(h). the section
 of CERCLA that had previously
 provided for the rebuttable presumption,
 ami included the language providing for
 the rebuttable presumption in section
 107(f)(2)(C) of CERCLA.
   To implement this change, the
 Department proposes to amend the final
  rules to provide that State officials may
 receive the benefit of a rebuttable
  presumption for assessments they
  perform in accordance with the Natural
  Reiource Damage Assessment
  Regulations, to be codified at 43 CFR
  Part 11. Therefore, amendments  are
  proposed to §§ 11.10.11.11.11.14(ff). ant

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                  Federal Register  /  Vol. 52.  No. 74  /  Friday. April 17. 1987 / Proposed Rules •
 11.91(c) of the final rule to add the
 words "and State" to conform with the
 new section 107(f)(2)(C) of CERCLA.
 Also, the references in the final rule to
 section lll(h) of CERCLA have been
 revised to read, section 107(f)(2)(C) of
 CERCLA.

 B. Definitions
   SARA amended certain definitions
 contained in CERCLA. Because of these
 amendments, and the inclusion of a new
 definition for the term "Indian tribe." the
 Department is proposing to amend
 several definitions contained in S 11.14
 of the final rule. Some of these changes
 are technical in nature, to conform with
 new language added by SARA. The
 amendments to the definitions are as
 follows:
   "Authorized official" Because of the
 new responsibilities of Indian tribes, the
 Department is proposing to amend its
 definition of "authorized official" to
 include a designated official of an
 Indian tribe as one who may, under the
 conditions of section 12B(d) of CERCLA
 (see later discussion), perform a natural
 resource damage assessment.
   "CERCLA" The Department is
 proposing to amend the definition of the
 term "CERCLA" to clarify that the term
 means CERCLA, as amended by SARA.
   "Damages" The Department is
 proposing to amend the definition of the
 term "damages" to include amounts
 sought by an Indian tribe who may
 assert a claim.
   "Fund" The Department is proposing
 to amend the definition of "Fund" to
 conform with the designation of the
 Fund as the "Hazardous Substance
 Superfund" found in section 517(c)(2) of
 SARA. •
   "Lead authorized official" The
 Department is proposing to amend the
 definition of "lead authorized official" to
 clarify that, under the conditions of
 section 126(d) of CERCLA. there are
 circumstances in which a designated
 official of an Indian tribe may act as
 lead authorized official.
   "Natural resources" SARA amended
 the definition in CERCLA of the term
 "natural resources" to include resources
 of an Indian tribe. Therefore, the
 Department is proposing to amend the
 definition of the term "natural
 resources" in the final rule to include
 such resources.
  "Rebuttable presumption" As
 discussed earlier in  this preamble,
 SARA added a new section 107(f)(2)(C)
 to CERCLA to specifically provide that
assessments performed in accordance
with this rule by State trustees will be
eligible to receive a rebuttable for
assessments the States perform
pursuant to the final rules. The
 Department is proposing to amend the
 definition of the term "rebuttable
 presumption" to conform with this new
 language of CERCLA.
   "Trustee" SARA added a new section
 107(f)(2)(A) and (B) to CERCLA to
 provide that:
   (2) DESIGNATION OF FEDERAL AND
 STATE OFFICIALS.—
   (A) Federal.—The President shall designate
 in the National Contingency Plan published
 under section 105 of this Act the Federal
 officials who shall act on behalf of the public
 as trustees for natural resources under this
 Act and section 311 of the Federal Water
 Pollution Control Act. Such officials shall
 assess damages for injury to. destruction of.
 or loss of natural resources for purposes of
 this Act and such section 311 for those
 resources under their trusteeship and may.
 upon request of and reimbursement from a
 State and at the Federal officials' discretion.
 assess damages for those natural resources
 under the State's trusteeship.
  (B) State.—The Governor of each State
 shall designate State officials who may act
 on behalf of the public as trustees for natural
 resources under this Act and section 311 of
 the Federal Water Pollution Control Act  and
 shall notify the President of such
 designations. Such State officials shall assess
 damages to natural resources for the
 purposes of this Act and such section 311 for
 those natural resources under their
 trusteeship.

  This new language replaced the
 previous language found in section
 :il(h)(l) of CERCLA. which was deleted
 by SARA. The new language was then
 placed in section 107(f)(2)(A) and (B).
 The previous language of section
 lll(h)(l) of CERCLA stated:
  In accordance with regulations
 promulgated under section 301(c) of this Act.
 damages for injury to. destruction of. or loss
 of natural resources resulting from a release
 of a hazardous substance, for the purposes of
 this Act and section 311(f)(4) and (5) of the
 Federal Water Pollution Control Act shall be
 assessed by Federal officials designated  by
 the President under the  national contingency
 plan published under section 105 of the Act
 and such officials shall act for the President
 as trustee under this section and section
 311(0(5) of the Federal Water Pollution
 Control Act.

  The Department is  proposing to
 amend the definition  of the term
 "trustee" to reflect the designation of
 State officials by the  State Governors.
  "Indian tribe" The  Department is
 proposing to add the  definition of the
 term "Indian tribe." in fi 11.14(uu). as
 found in section 101(36) of CERCLA, to
correspond to a new definition of that
 term added by SARA.

C. Prejudgment Interest

  The final rule made no reference to
the recovery of prejudgment interest on
damage claims.  Section 107(b) of SARA
amended section 107(a) of CERCLA to
provide that:
  The amounts recoverable in an action
under this section shall include interest on
the amounts recoverable under
subparagraphs (A) through (D). Such interest
shall accrue from the later of (i) the date
payment of a specified amount is demanded
in writing, or (ii) the date of the expenditure
concerned.. . .

  The Department proposes to amend
{ 11.15 of the final rule to include
prejudgment interest in the amounts
recoverable as damages.

D. Prohibition on Double Recovery

  SARA amended section 107(f)(l) of
CERCLA to provide a specific statutory
prohibition on double recovery of
damages. Section 11.15(3) is proposed to
be amended to ensure there is no double
recovery of damages or of assessment
costs. That is, damages or costs cannot
be recovered twice for the same
discharge or release and injured natural
resource.

£ Statute of Limitations

  The final rule contained no discussion
of the statute of limitations for natural
resource damage claims. However, the
amendments to CERCLA have created a
new statute of limitations that is directly
related to the promulgation of the final
rule and to the CERCLA remedial action
program. For that reason, the
Department proposes to amend the final
rule to include a recognition of the new
statute of limitations.
  Under the original CERCLA. section
112(d) provided that a claim for
damages must be commenced within
three years from the date of the
discovery of the loss or December 11,
1980. whichever is later. In SARA, the
statute of limitations for claims against
the Fund and actions for natural
resource damages were treated in
separate sections. Section 112(c) of
SARA relating to claims against the
Fund amended section  112(d) of
CERCLA to provide in part that:
  No claim may be presented under this
section for recovery of the damages referred
to in section 107(a) unless the claim is
presented within 3 years after the later of the
following:
  (A) The date of the discovery of the loss
and its connection with the release in
question.
  (B] The date on which final regulations are
promulgated under section 301(c).
  Section 113(b) of SARA amended
section 113 of CERCLA to add a new
section 113(g)(l) relating to actions for
natural resource damages:
  Except as providec! in paragraphs (3) and
(4). no action may be commenced for

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12888
Federal Register  /  VoL 52. No. 74 / Friday. April  17, 1987 / Proposed Rules
damage* (as defined in section 101(6)) under
this Act. unless that action is commenced
within 3 years after the later of the following:
  (A) The dale of the discovery of the loss
and its connection with the release in
question.
  (B) The date on which regulations are
promulgated under section 301(c).
  With respect to any facility listed on the
National Priorities Lial (NPU any Federal
facility identified under section 120 (relating
to Federal facilities), or any vessel or facility
at which a remedial action under this Act Is
otherwise scheduled, an action for damages
under this Act must be commenced within 3
years after the completion of the remedial
action (excluding operation and maintenance
activities) in lieu of the dates referred to in
subparagraph (A) or (B). In no event may an
action for damages under this Act with
respect to such a vessel or facility be
commenced (i) prior to 60 days after the
Federal or State natural resource trustee
provides to the President and the potentially
responsible party a notice of intent to file
suit, or (ii) before selection of the remedial
action if the President is diligently proceeding
with a remedial investigation and feasibility
study under section I04(b) or section 120
(relating to Federal facilities). The limitation
in the preceding sentence on commencing an
action before giving notice or before selection
of the remedial action does not apply to
actions filed on or before the enactment of
the Superfund Amendments and
Reauthorizetion Act of 198ft.

  The Conference Report states that
  This section... requires that civil actions
for damages to natural resources generally be
delayed until completion of the RI/FS at NFL
sites and at certain other sites where the
President is diligently proceeding with the
RI/FS. The phrase "the President to diligently
proceeding with a remedial investigation and
feasibility study" includes cases where a
potentially responsible party hi performing aa
RI/FS under supervision of the President
  The Conferees have adopted these
amendments relating to the time limits for
initiating for natural resource damages
because the ability for Federal and State
trustees to pursue such claims and actions
has been unpaired by the failure of the
President to promulgate regulations govering
[sic) procedures for filing claims and
assessing damages to natural resources.
  These amendments are intended to revive
causes of actions for natural resource
damages that may have been foreclosed by
the running of the statute of limitations
relating to such actions under current law. A
corresponding set of amendments In section
112 pertaining to the time limit for filing
claims against the fund for natural resource
damages is also intended to revive claims
that may have been foreclosed.

  HJt Rep. No. 99-962, 99th Cong.. 2d
Seas. 223 (1988).
  It is proposed to amend S 11.15 by
adding a new subsection (d) providing
that actions must be commenced in
accordance with the statute of
limitations set forth in section 113 of
CERCLA.
                         That statutory amendment embodiei
                       in the law itself the guidance contained
                       in 9 ll.84{c) of the final rule that the
                       determination of damages shall account
                       for the effects of response actions. In
                       most cases now, natural resource
                       damage claims must wait until remedial
                       actions are completed or at least until a
                       remedy is selected.

                       F. Claims Against the Kind
                         The final rule does not include
                       procedures for the filing of claims
                       against the Hazardous Substance
                       Superfund (Fund). Rules for that purpose
                       have been promulgated by the
                       Environmental Protection Agency (EPA),
                       at 40 CFR Part 306. Section 517 of SARA
                       expressly deleted expenditures for
                       natural resource damages and
                       assessment costs from the Fund
                       However, the language authorizing such
                       claims was retained and amended by
                       Section 111 of SARA. The Department
                       will amend its rule in the future in
                       accordance with any action EPA may
                       take with regard to its Natural Resoure
                       Claims Procedures, published at 40 CFR
                       Part 306.

                       G. Notice to Trustees
                         Section 11.20 of the final rule includes
                       a reference to 55 300.52(d) and 300.64(d)
                       of the National Oil and Hazardous
                       Substances Contingency Plan (NCP) that
                       provide for the On Scene Coordinator
                       (OSC] or lead agency to notify the
                       agency acting as trustee when natural
                       resources have been or are likely to be
                       injured by a discharge of oil or a release
                       of a hazardous substance being
                       investigated under the NCP. In the
                       reanthorization of CERCLA. a
                       notification and coordination
                       requirement was Included in the
                       language of CERCLA itself, making it a
                       statutory requirement. The Department
                       notes mat EPA is currently revising the
                       NCP to include notification to Federal
                       and State trustees and imUyi; tribes.
                       Section 11.20(a} of the final rule is
                       proposed to be amended to include the
                       new statutory requirement, and to
                       specify that trustees should respond, as
                       appropriate, and provide necessary
                       coordination in a timely manner.
                       H. Statutory Exclusions
                         Section 107(1) of CERCLA originally
                       contained several exclusions to liability.
                       These exclusions included that no
                       liability to the United States or a State
                       shall be imposed where it has been
                       demonstrated that the damages for
                       injuries to natural resources were
                       specifically identified as an irreversible
                       commitment of natural resources tat an
                       environmental impact statement or
                       other comparable environment analysis,
and the decision to grant a permit or
license authorizes such commitment of
natural resources, and die facility or
project was omerwise operating within
the terms of its permit or license. Section
107(f) was amended by SARA to extend
this exclusion to liability for natural
resource damages to an Indian tribe, "so
long as, the damages to an Indian tribe
occurred pursuant to a Federal permit or
license, and die issuance of that permit
or license was not inconsistent with the
fiduciary duty of the United States with
respect to such Indian tribe." Also.
section 114(a) of SARA amended section
114(c) of CERCLA to preclude recovery
of response costs or damages resulting
from a release or threatened release of
recycled oil from service station dealers
who are not owners or operators of
vessels or hazardous waste disposal
facilities, under certain condition!.
Because of these two additional
statutory exclusions from liability, the
Department proposes to amend 55 11-24
and 11.71 to include these provisions in
the damages mat are excluded from
liability .under CERCLA.

/. Indian Tribes

  SARA amended CERCLA to provide
for the role of Indian tribes hi the
natural resource damage provisions. As
stated earlier in this preamble, the
definition of natural resources found at
section 101(10) of CERCLA was
amended by SARA to include resources
"belonging to, managed by. held in bust
by, appertaining to, or otherwise
controlled by... any Indian tribe, or if
such resources are subject to a trust
restriction on alienation, any member of
an Indian tribe." SARA also included
Indian tribes in section 107(aX4)(Al
which establishes the liability of
responsible parties for Federal or State
costs of removal or remedial action.
Section 107(1} of CERCLA was amended
to provide that liability for damages for
injury to, destruction of, or loss of
natural resources, including the
reasonable costs of assessing such
injury, destruction, or loss resulting from
a release, would also be to "any Indian
tribe for natural resources belonging to.
managed by, controlled by. or
appertaining to such tribe, or held in
trust for the benefit of such tribe, or
belonging to a member of such tribe if
such resources are subject to a trust
restriction on alienation."
   Other amendments to CERCLA
relating to the role of Indian  tribes
include: to amend section lll(b)[l) to
include Indian tribes as those who may
assert claims against the Fund for injury
to. or destruction or loss of natural
resources: to amend section lll(c)(2)  to

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                   Federal Register / Vol. 52. No.  74 / Friday. April  17. 1987 / Proposed Rules            12889
 include Indian tribes as among those
 who may recover from the Fund for the
 costs of restoration, rehabilitation, or
 replacement or acquiring the equivalent
 of any natural resources injured.
 destroyed, or lost as a result of a release
 of a hazardous substance; and to
 include Indian tribes in the section lll(i)
 requirement for Restoration Plans. The
 Department is proposing amendments to
 pertinent sections of the final rule to
 bring the rule into conformance with
 these amendments to CERCLA.
   Section 207 of SARA added a new
 section 126 to CERCLA to provide in
 part, that:
   (a) Treatment Generally.—The governing
 body of an Indian Tribe shall be afforded
 substantially the same treatment as a State
 with respect to the provisions of section
 103(a) (regarding notification of releases).
 section 104(c)(Z) (regarding consultation on
 remedial actions), section 104(e) (regarding
 access to information), section 10*(i)
 (regarding health authorities) and section 105
 (regarding roles and responsibilities under
 the national contingency plan and submittal
 of priorities for remedial action, but not
 including the provision regarding the
 inclusion of at least one facility per State on
 the National Priorities List).
 •     •     •     •     •
   (d) Limitation.—Notwithstanding any other
 provision of this Act. no action under this Act
 by an Indian tribe shall be barred until the
 later of the following:
   (1) The applicable period of limitations has
 expired.
   (2) 2 years after the United States, in its
 capacity as trustee for the tribe, gives written
 notice to the governing body of the tribe that
 it will not present a claim or commence an
 action on behalf of the tribe or fails to
 present a claim or commence an action
 within the time limitations specified in this

   Because of the language of this new
 section 126 of CERCLA, the Department
 proposes to amend Its final rule to give
 Indian tribes substantially the same
 treatment as that given to the States, in
 accordance with the intent of Congress,
 as discussed earlier in this preamble.
 The changes to the rule provide that,
 under certain circumstances, an Indian
 tribe may perform an assessment and
 bring a claim for damages determined
 by the assessment, however, as
 discussed below, CERCLA does not
 provide the rebuttable presumption to
 assessments performed by Indian
 Tribes.
  The SARA amendments to section
 107(f) of CERCLA do not grant the
 rebuttable presumption to assessments
performed by Indian tribes. Also,
section 126 of CERCLA, which specifies
that the governing body of an Indian
tribe shall be afforded substantially the
same treatment as a State, under certain
circumstances, with respect to certain
 provisions of CERCLA. does not list the
 provisions of section 107(f) of CERCLA
 as among those provisions available to
 Indian tribes. Furthermore, no
 amendments by SARA in either section
 lll(h). which previous to SARA
 provided for the rebuttable presumption,
 or in section 107(f)(2)(C)  of CERCLA.
 which now grants the rebuttable
 presumption to Federal and State
 trustees, contain any language extending
 the rebuttable presumption to Indian
 tribes. Therefore, from the language of
 the statute, the Department does not
 have the authority to grant the
 rebuttable presumption to Indian tribes
 within this proposed rule. The
 Department points out that,  of course, if
 a Federal official,  acting  as trustee on
 behalf of an Indian tribe, performs the
 assessment of damages,  that assessment
 of damages by the Federal official will
 be accorded the rebuttable presumption.
 as provided in section 107(f)(2)(C) of
 CERCLA.

/. Appropriations Process
   Section ll.B2(d)(2J(iv)(B) of the final
 rule provides that:
  (B) If the acquisition of land for Federal
 management constitutes the only viable
 method of obtaining  the lost services, the
 appropriation process must  be included in  the
 scheduling of such acquisition since funding
 for such acquisition will have to be obtained
 through appropriations.
  Also. S 11.92(b) of the final rule
 provides that
  (b) Land acquisition. Any monies awarded
 for the purpose of acquiring  land for Federal
 management shall be deposited in the general
 fund of the United States Treasury. Federal
 agencies shall acquire land for Federal
management solely with monies appropriated
for that purpose.
  The preamble to the final rule, at 51
FR 27719. explained that  the rule
contains a restriction on  Federal land
acquisition aa a means of restoration or
replacement unless such acquisition is
the only feasible restoration or
replacement alternative.  Even in this
case, funds to acquire the land must be
placed in the general hind of the Federal
Treasury and requested by the Federal
agency through the normal
appropriations process. The purpose of
this limitation was to restrict the
acquisition of private lands for Federal
management under CERCLA. and. thus.
the expansion of the Federal estate.
without specific Congressional approval
  In the reauthorization of CERCLA.
Congress added to section 107(f)(l) of
CERCLA the provision that:
  Sums recovered by the United States
Government as trustee under this subsection
shall be retained by the trustee, without
further appropriation, fcr use only to restore.
replace, or acquire the equivalent of such
natural resources, (emphasis added.)
  Therefore, the Department proposes to
amend the final rule to delete the
provisions requiring the use of the
appropriation process for funds to
acquire new lands where such
acquisition is found to be necessary. The
Department notes, however, that the
acquisition of land for Federal
management should be used only when
such acquisition is the sole feasible
restoration or replacement alternative.
Also, in accordance with section
107(f)(l) of CERCLA and section
107(d)(2) of SARA, the Department is
proposing to amend the nile to require
that both sums recovered as damages
and sums recovered as assessment costs
by Federal or State trustees shall be
retained by the trustee that incurred the
coat

K. Sixty-Day Notice
  Section 11.91(d) of the final rule
provided that the authorized officia!
should allow up to 60 days for the
potentially responsible party to respond
to the damage claim demand. Section
113(b) of SARA amended section 113 of
CERCLA to add subsection (g), relating
to natural resource damage actions.
Section 113(g] provides that, with
respect to any facility listed on the
National Priorities List any Federal
facility, or any vessel or facility at
which a remedial action is otherwise
scheduled, no action for damages may
be commenced prior to 60 days after the
authorized official provides to the
President and the potentially
responsible party a notice of intent to
file suit It is proposed to amend
S 11.91(d) of the rule to incorporate this
60-day notice requirement

L. Use of Sums Recovered as Damages
  The final rule contained a requirement
in §§ 11.92 and 11.93 that all sums
awarded as damages under CERCLA be
used for the purposes of restoration,
replacement or acquisition of
equivalent resources. SARA amended
the language of section 107(0(1) of
CERCLA to make this requirement
explicit.
  One area of confusion in the
amendments to CERCLA is in that part
of section 107(f] addressing the use of
the sums recovered. In section 107 of
SARA, that section specifically dealing
with natural resources. Congress
amended section 107(0(1) of CERCLA to
read:
  Sums recovered by the United States
government as trustee under this subsection
shall be retained by the trustee, without

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Federal Register / Vol.  52. No. 74 / Friday, April  17. 1987  /  Proposed Rules
 further appropriation, for use only to restore.
 replace, or acquire the equivalent of such
 natural resources.
   Sums recovered by a State as trustee under
 this subsection shall be available for use only
 to restore, replace, or acquire the equivalent
 of such natural resources by the State.

   In section 207 of SARA, however, the
 earlier language of section 107(f) of
 CERCLA relating to  the use of the sums
 recovered was amended to read:
  Sums recovered shall be available for use
 to restore, rehabilitate, or acquire the
 equivalent of such natural resources by the
 appropriate agencies of the Federal
 government the State government or the
 Indian tribe, but the measure of such
 damages shall not be limited by the sums
 which can be used  to restore or replace such
 resources.

  This amendment was worked to state
 that the words "Indian tribe" would be
 inserted after the phrase "State
 government." Since section 107 of SARA
 had already deleted  this sentence and
 replaced it with new language, it is
 unclear whether or where Indian tribes
 would be included in the final amended
 language.
  The Department notes that the
 confusion in the language of CERCLA,
 as amended, regarding the use of sums
 recovered by Indian  tribes does not
 require further amendment to the final
 •ule. The Department addressed the
 issue of the  use of all sums recovered as
 a damage award  in the final rules. The
 purpose of § 11.92(e) of the final rules
 (now § 11.92(c) of this proposed rule) is
 to require that all sums recovered as a
 damage award be used to restore or
 replace the injured natural resources
 according to the Restoration Plan
 required by  section 111 (i) of CERCLA.
  In addition. Department notes that
 section 111 (i) of CERCLA was amended
 to require that:
  Except in a situation requiring action avoid
an irreversable loss of natural resources or to
prevent or reduce any continuing danger
natural resources or similar need for
emergency action, funds may not be used
under this Act for the restoration.
rehabilitation, or replacement or acquisition
of the equivalent of any natural resources
until a plan for the use of such funds for such
purposes has  been developed and adopted by
affected Federal agencies and the Governor
or Governors  of any Slate having sustained
damage to natural resources beloging to.
managed by, controlled by, or appertaining to
such tnbe, or  held in trust for the benefit of
such tribe, or  belonging to a member of such
tribe if such resources are subject to a trust
restriction on  alienation.

  Because Indian tribes were explicitly
deluded in this restriction, all sums
  covered as a damage award by a
 ederal or State trustee, or an Indian
                      tribe, must be used to restore or replace
                      the injured natural resource.
                      M. Correction
                         In the final rule. 8 11.32(a)(l)(ii)(D)
                      states that:
                        (D) When there is a natural resource claim
                      against the Fund pursuant to section lll(c)(3)
                      of CERCLA, the lead authorized official will
                      be designated in accordance with the Natural
                      Resource Claims Procedures. 40 CFR
                      306.20(b).
                        The reference to section lll(c)(3] of
                      CERCLA is incorrect. Instead, the
                      reference should be to section lll(c)(l)
                      of CERCLA The Department proposes
                      to correct this statutory cite.
                      Authorship
                        The primary authors of this proposed
                      rule are Alison Ling and Linda
                      Burlington, Office of the Solicitor, David
                      Rosenberger. U.S. Fish and Wildlife
                      Service, and Willie Taylor, Office of
                      Policy Analysis, all with the Department
                      of the Interior. National Environmental
                      Policy Act. Executive Order 12291.
                      Regulatory Flexibility Act and
                      Paperwork Reduction Act.
                        The Department of the Interior has
                      determined that this proposed rule does
                      not constitute a major Federal action
                      significantly affecting the quality of the
                      human environment Therefore, no
                      further analysis pursuant to section
                      102(2}(C) of the National Environmental
                      Policy Act of 1969 (43 U.S.C. 4332(2)(C))
                      has been prepared.
                        The Department of the Interior has
                      determined that this document is not a
                      major rule under Executive Order 12291
                      and certifies that this document will not
                      have significant economic effect on a
                      substantial number of small entities
                      under the Regulatory Flexibility Act (5
                      U.S.C. 601 et seq.J. The proposed rule
                      provides technical procedural guidance.
                      for the assessment of damages to
                      natural resources. It does not directly
                      impose any additional cost. In addition,
                      the estimate of the potential economic
                      effects of this proposed rule is well
                      below $100 million annually. As the
                      proposed rule applies to Federal and
                      State agencies acting as trustees for
                      natural resources and Indian  tribes it is
                      not expected to have an effect on a
                      substantial number of small entities. It
                      has been determined that this proposed
                      rule of 43 CFR Part 11 does not contain
                      any information collection requirements
                      that require approval by the Office of
                      Management and Budget under the
                      Paperwork Reduction Act of 1980.44
                      U.S.C. 3501 et seq.

                      List of Subjects in 43 CFR Part 11
                        Continental shelf, Environmental
                      Protection. Fish. Forests and forest
products, Grazing land. Indian lands.
Hazardous substances. Mineral
resources National forest National
parks, Natural resources. Oil pollution.
Public lands, Wildlife. Wildlife refuges.
  Under the authority of the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980, and the Superfund
Amendments and Reauthorization Act
of 1988. and for the reasons set out in
the preamble. Title 43. Subtitle A of the
Code of Federal Regulations is proposed
to be amended as set forth below.
  Dated: April 15,1987.
Gale A. Norton,
Associate Solicitor. Division of Conservation
and Wildlife.

PART 11—NATURAL RESOURCE
DAMAGE ASSESSMENTS

  1. It is proposed to revise the authority
citation for 43 CFR Part 11 to read as
follows:
  Authority: 42 U.S.C. 9B51(c). as amended.

Subpart A—Introduction

  2. It is proposed to revise 8  11.10 to
read as follows:

911.10  Scope and applicability.
  The Comprehensive Environmental
Response. Compensation, and Liability
Act (CERCLA), as amended. 42 U.S.C.
9601 et seq.. and the Clean Water Act
(CWA). 33 U.S.C. 1251-1376. provide
that Federal and State agencies who are
authorized to act as trustees of natural
resources or Indian tribes may assess
damages to natural resources resulting
from a discharge of oil or a release of a
hazardous substance covered under
CERCLA or the CWA and may seek to
recover those damages. This part
supplements the procedures established
under the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP). 40 CFR 300. for the identification,
investigation, study, and response to a
discharge of oil or release of a
hazardous substance, and it provides a
procedure by which a Federal or State
agency acting as trustee or Indian tribe
can determine compensation for injuries
to natural resources that have not been
nor are expected to be addressed by
response actions conducted pursuant to
the NCP. The assessment procedures set
forth in this part are not mandatory.
However, they must be used by Federal
or State officials acting as trustees in
order to obtain the rebuttable
presumption contained in section
107(f)(2)(C) of CERCLA. This part
applies to assessments initiated after
the effective date of this final rule.

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                 Federal Register / Vol. 52. No. 74 / Friday. April 17. 1987  /  Proposed Rules
                                                                     12891
  3. It is proposed to revise § 11.11 to
read as follows:

§11.11 Purpose.
  The purpose of this part is to provide
standardized and cost-effective
procedures for assessing natural
resource damages. The results of an
assessment performed by a Federal or
State official according to these
procedures shall be accorded the
evidentiary status of a rebuttable
presumption as provided in section
107(f)(2)(C) of CERCLA.
  4. It is proposed to amend S 11-14 by
revising paragraphs (d), (g). (1). (r). (w).
(z), (ff). and (rr) and by adding a new
paragraph (uu). to read as follows:

§11.14 Definitions.
•    •    •    *    •
  (d) "Authorized official" means the
Federal or State official to whom is
delegated the authority to act on behalf
of the Federal or State agency
designated as trustee, or a designated
official of an Indian tribe, pursuant
section 126(d] of CERCLA. to perform a
natural resource  damage assessment As
used in this part, authorized official is
equivalent to the phrase "authorized
official or lead authorized official." as
appropriate.
•    •    •     •   •
  (g) "CERCLA"  means the
Comprehensive Environmental
Response. Compensation, and Liability
Act of 1980.42 U.S.C. 9601 et seq.. as
amended.
«    •    •     «   •
  (1) "Damages" means the amount of
money sought by the Federal or State
agency acting as trustee or Indian tribe
as compensation for injury, destruction.
or loss of natural resources as set forth
in section 107(a) or lll(b) of CERCLA.
•    •    •    •   •
  (r) "Fund" means the Hazardous
Substance Superfund established by
section 517 of the Superfund
Amendments and Reauthorization Act
of 1986.
•    •    *     •   *
  (w) "Lead authorized official" means
a Federal or State official authorized to
act  on behalf of all affected Federal or
State agencies acting as trustees where
there are multiple agencies, or a
designated official of an Indian  tribe
where there are multiple tribes,  affected
because of coexisting or contiguous
natural resources or concurrent
jurisdiction.
•    *    •     •   •
  (z) "Natural resources" or "resources"
means land, fish, wildlife, biota, air.
water, ground water, drinking water
supplies, and other such resources
belonging to. managed by, held in trust
by. appertaining to. or otherwise
controlled by the United States
(including the resources of the fishery
conservation zone established by the
Magnuson Fishery Conservation and
Management Act of 1976). any State, or
local government any foreign
government, any Indian tribe, or. if such
resources are subject to a trust
restriction on alienation, any member of
an Indian tribe. These natural resources
have been categorized into the following
five groups: surface water resources.
ground water resources, air resources.
geologic resources, and biological
resources.
•    •   *     •     •
  (ff) "Rebuttable presumption" means
the procedural device provided by
section 107(f)(2)(C) of CERCLA
describing the evidentiary weight that
must be given to any determination or
assessment of damages in any
administrative or judicial proceeding
under CERCLA or section 311 of the
CWA made by a Federal or State trustee
in accordance with the rule provided in
this part.
•    •   *     *     •
  (rr) 'Trustee" means any Federal
natural resources management agency
designated in the NCP, 40 CFR Subpart
G. and any State agency designated by
the Governor of each State, pursuant to
section 107(f)(2)(B) of CERCLA. that may
prosecute claims for damages under
section 107(f) or 111 (b) of CERCLA
  (uu) "Indian tribe" means any Indian
tribe, band, nation, or other organized
group or community, including any
Alaska Native village but not including
any Alaska Native regional or village
corporation, which is recognized as
eligible for the special progams and
services provided by the United States
to Indians because of their status as
Indians.
  5. It is proposed to amend $ 11.15 by
revising (a) introductory text and (c), by
removing the period at the end of
(a)(3)(iii) and adding the phrase "; and".
and by adding new (a)(4). (d), and (e) to
read as follows:

§11.15 Actions against the responsible
party for damage*.
  (a) In an action filed pursuant to
section 107{f) of CERCLA. or section
311(f) (4)  and (5) of the CWA. a Federal
or State agency acting aa a trustee, or
Indian tribe acting pursuant to section
126(d) of CERCLA. who has performed
an assessment in accordance with this
rule may recover
*    •   •     •     •
  (4) Interest on the amounts
recoverable as set forth in section 107(a)
of CERCLA. Such interest shall accrue
from the later oft the date payment of a
specified amount is demanded in
writing, or the date of the expenditure
concerned;
•    •    *    *    *
  (c) Where an assessment determines
that there is. in fact, no injury, as
defined in § 11.62 of this part the
Federal or State agency acting as
trustee, or Indian tribe acting pursuant
to section 126(d) of CERCLA. may not
recover assessment costs.
  (d) There shall be no double recovery
under this rule for damages or for
assessment costs, that is. damages or
assessment costs may only be recovered
once, for the same discharge or release
and natural resource, as set forth in
section 107(f)(l) of CERCLA.
  (e) Actions for damages and
assessment costs shall comply with the
statute of limitations set forth in section
113(g) of CERCLA.
Subpart B  Pr
it Screen
  6. It is proposed to revise §11.20 to
read as follows:

§11.20  Notification «nd detection.
  (a) Notification. (1) Section 104(b)(2)
of CERCLA requires prompt notification
of Federal and State natural resource
trustees of potential damages to natural
resources under investigation and
requires coordination of the
assessments, investigations, and
planning under section 104 of CERCLA
with such Federal and State trustees.
  (2) The NCP at 40 CFR 300.52(d) and
300.64(d) provides for the OSC or lead
agency to notify the Federal or State
agency acting as trustee when natural
resources have been or are likely to be
injured by a discharge of oil or a release
of a hazardous substance being
investigated under the NCP.
  (3) Federal and State natural resource
trustees, upon such notification
described in paragraphs (a)(l) and (2) of
this section, shall take such actions, as
may be appropriate, to provide timely
response and coordination consistent
with the NCP.
  (b) Previously unreported discharges
or releases. If a Federal or State agency
acting as trustee or Indian tribe
identifies or is informed of apparent
injuries to natural resources that appear
to be a result of a previously
unidentified or unreported discharge of
oil or release of a hazardous substance.
he should first make reasonable efforts
to determine whether a discharge or
release  has taken place. In the case of a
discharge or release not yet reported or
being investigated under the NCP. the

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Federal or State agency acting as trustee
or Indian tribe shall report that
discharge or release to the appropriate
authority as designated in the NCP. 40
CFR 300.51(b) and 300.63(b).
  (c) Identification of co-trustees. The
Federal or State agency acting as trustee
or Indian tribe should assist the OSC or
lead agency, as needed, in identifying
other Federal or State agencies or Indian
tribes whose resources may be affected
as a result of shared responsibility for
the resources and who should be
notified.
  7. It is proposed to amend 8 11.21 by
revising (a)(l), (b). and (c) to read as
follows:

S 11.21  Emergency restorations.
  (a) Reporting requirements and
definition. (1) In the event of a natural
resource emergency, the Federal or State
agency acting as trustee or Indian tribe
shall contact the National Response
Center (800/424-8802) to report the
actual or threatened discharge or
release and to request that an
immediate response action be taken.
•     •     •    •     •
   (b) Emergency actions. If no
immediate response actions are taken at
the site of the discharge or release by
the EPA or the U.S. Coast Guard within
the time that the Federal or State agency
acting as trustee or Indian tribe
determines is reasonably necessary, or
if such actions are insufficient,  the
Federal or State agency acting as trustee
or Indian tribe should exercise  any
existing authority it may have to take
on-site response actions. The Federal or
State agency acting as trustee or Indian
tribe shall determine whether the
potentially responsible party, if his
 identity is known, is taking or will take
 any response action. If no-site response
 actions are taken, the Federal or State
 agency acting as trustee or Indian tribe
 who may assert a claim may undertake
 limited off-site restoration action
 consistent with their existing authorities .
 to the extent necessary to prevent or
 reduce the immediate migration of the
 oil or hazardous substance onto or into
 the resource for which the Federal or
 State agency may assert trusteeship or
 the resource for which an Indian tribe
 may assert a claim.
    (c) Limitations on emergency actions.
 The Federal or State agency acting as
 trustee or Indian tribe may undertake
 only those actions necessary to abate
 the emergency situation, consistent with
 their existing authorities. The normal
 procedures provided in this part must be
 followed before any additional
 restoration actions other than  those
 necessary to abate the emergency
 situation are undertaken. The  burden of
proving that emergency restoration was
required and that restoration costs were
reasonable and necessary based on
information available at the time rests
with the Federal or State agency acting
as trustee or Indian tribe.
  8. It is proposed to amend S 11.23 by
revising (b). (e) introductory text. (e)(2).
(0(4). (g)[l) introductory text. (g)(l)(ii).
and (g)(2) to read as follows: .

911.23
                              Reassessment
                        (b) Purpose. The purpose of the
                      preassessment screen is to provide a
                      rapid review of readily available
                      information that focuses on resources
                      for which the Federal or State agency
                      may assert trusteeship under section
                      107(f) of CERCLA. or for which an
                      Indian tribe may assert a claim, as
                      specified in section 126(d) of CERCLA.
                      This review should ensure that there is a
                      reasonable probability of making' a
                      successful claim before monies and
                      efforts are expended in carrying out an
                      assessment
                      •     •••••
                         (e) Criteria. Based on information
                      gathered pursuant to the preassessment
                      screen and on information gathered
                      pursuant to the NCP, the authorized
                      official shall make a preliminary
                      determination that all of the following
                      criteria are met before proceeding with
                      an assessment
                       •     •     •   •    •
                         (2) Natural resources for which the
                       Federal or State agency may assert
                       trusteeship under CERCLA or for which
                       an Indian tribe have been or are likely
                       to have been adversely affected by the
                       discharge or release;
                       •    •    •    •   •
                         (0 ' • *
                         (4) If the Federal or State agency
                       acting as trustee or Indian tribe already
                       has a process similar to the
                       preassessment screen, and the
                       requirements of the preassessment
                       screen can be satisfied by that process.
                       the processes may be combined to avoid
                       duplication.
                       •    •     •    •    •
                          (g) Preassessment phase costs. (1) The
                       following categories of reasonable and
                       necessary costs may be incurred in the
                       preassessment phase of the damage
                       assessment
                       •    •     •  •  ^    •
                          (ii) Trustee or Indian tribe
                       identification and notification costs;
                        •     •     •    •    •
                          (2) The reasonable and necessary
                       costs for these categories shall be
                        limited to those costs incurred by the
                        authorized official for. and specifically
                        allocable to, site-specific efforts taken
during the preassessment phase for
assessment of damages to natural
resources for which the agency is acting
as trustee or for which the Indian tribe
my assert a claim. Such costs shall be
supported by appropriate records and
documentation and shall not reflect
regular activities performed by the
agency or Indian tribe in management of
the natural resource. Activities
undertaken as part of the preassessment
phase shall be taken in a manner that is
cost-effective, as that phrase is used in
this part.
  9. It is proposed to amend S 11.24 by
revising (b)(l)(i) and (b)(2). and by
adding (b)(l)(v) to read as follows:
 511.24  PreasMsament
 Information on the site.
   (I)**'
   (i) Resulting from the discharge or
 release were specifically identified as
 an irreversible and irretrievable
 commitment of natural resources in an
 environmental Impact statement or
 other comparable environmental
 analysis, that the decision to grant the
 permit or license authorizes such
 commitment of natural resources, and
 that the facility or project was otherwise
 operating within the terms of its permit
 or license, so long as. in the case of
 damages to an Indian tribe occurring
 pursuant to a Federal permit or license,
 the issuance of that permit or license
 was not inconsistent with the fiduciary
 duty of the United States with respect to
 such Indian tribe; or
 •    •    •    •    •
    (v) Resulting from the release or
 threatened release of recycled oil from a
 service station dealer acting as any
 person described in section 107(a) (3) or
 (4) of CERCLA if such recycled oil is not
 mixed with any other hazardous
 substance and is stored, treated.
 transported or otherwise managed in
 compliance with regulations or
 standards promulgated pursuant to
 section 3014 of the Solid Waste Disposal
 Act and other applicable authorities.
 •    •    •    •    •
    (2) An assessment under this part
 shall not be continued for potential
 injuries meeting one or more of the
 criteria described in paragraph (b)(l) of
 this section, which are exceptions to
 liability provided in 'sections 107 (f). (i).
  and (j) and 114(c) of CERCLA.

  Subpart C— Assessment Plan Phase

    10. It is proposed to amend  9 11-30 by
  revising (c)(2) to read as follows:

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                   Federal Register /  Vol.  52. No. 74 / Friday. April 17. 1987 /  Proposed Rules
                                                                       12893
  511.30  Assessment Plan-general
  	
    (c) Assessment Plan phase
  costs.  *  *  •
    (2) The reasonable and necessary
  costs for these categories shall be
  limited to those costs incurred or
  anticipated by the authorized official
  for. and specifically allocable to. site
  specific efforts taken in the development
  of an Assessment Plan for a resource for
  which the agency is acting as trustee, or
  for which an Indian tribe may assert a
  claim. Such costs shall be supported by
  appropriate records and documentation,
  and shall not reflect regular activities
  performed by the agency or tribe in
  management of the natural resource.
  Activities undertaken as part of the
  Assessment Plan phase shall be taken in
  a manner that is cost-effective, as that
 phrase is used in this part.
   11. It is proposed to amend § 11.31 by
 revising (a)(4) to read as follows:

 § 11.31  Assessment Plan—content
   (a) General content and level of
 detail.
   (4) The Assessment Plan shall contain
 procedures  and schedules for sharing
 data, split samples, and results of
 analyses, when requested, with any
 identified potentially responsible parties
 and other Federal or State agencies  .
 acting as trustees or Indian tribes.
 •    •    •    •    •
   12. It is proposed to amend § 11.32 by
 revising (a)  introductory text (a)(l)(i).
 (a)(l)(ii) introductory text. (a)(l)(ii](A)
 introductory text (a)(l)(ii) (B). (C). (D).
 and (E). (a)(l)(iii). (c). and (e) to read as
 follows:

 §11.32  Assessment Plan—development
   (a) Pre-development requirements.
 The authorized official shall fulfill the
 following requirements before   •
 developing an Assessment Plan.
   (1) Coordination, (i) If the authorized
 official's responsibility is shared with
 other Federal or State agencies acting as
 trustees or Indian tribes as a result of
 coexisting or contiguous natural
 resources or concurrent Jurisdiction, the
 authorized official shall ensure that  all
 other known affected Federal and State
 agencies or Indian tribes are notified
 that an Assessment Plan is being
 developed. This notification shall
 include the results of the Preassessment
 Screen Determination.
  (ii) Authorized officials from different
 agencies or Indian tribes are encouraged
 to cooperate and coordinate any
assessments that involve coexisting or
contiguous natural resources or
concurrent jurisdiction. They may
arrange to divide responsibility for
implementing the assessment in any
 manner that is agreed to by all of the
 affected Federal and State agencies
 acting as trustees or Indian tribes with
 the following conditions:
   (A) A lead authorized official shall be
 designated to administer the
 assessment.  The lead authorized official
 shall act as coordinator and contact
 regarding all aspects of the assessment
 and shall act as final arbitrator of
 disputes if consensus among the
 authorized officials cannot be reached
 regarding the development
 implementation, or any other aspect of
 the Assessment Plan. The lead
 authorized official shall be designated
 by mutual agreement of all the Federal
 or State agencies acting as trustees or
 Indian tribes who may assert claims. If
 consensus cannot be reached as to  the
 designation of the lead authorized
 official, the lead authorized official shall
 be designated in accordance with
 paragraphs (a)(l)(ii) (B). (C). (D). or (E)
 of Lois section:
 •     •    «     «    «
   (B) When the natural resources being
 assessed are located on lands or waters
 subject to the administrative jurisdiction
 of a Federal agency, a designated
 official of the Federal agency shall act
 as the lead authorized official.
   (C) When the natural resources being
 assessed are  located on lands or waters
 of an Indian tribe, the Indian tribe, or if
 such resources are subject to a bust
 restriction on alienation, any designated
 official of the Indian tribe, shall act as
 the lead authorized official, when acting
 pursuant to section 126(d) of CERCLA.
   (D) For all other natural resources for
 which the State may assert trusteeship,
 a designated  official of the State agency
 shall act as the lead authorized official.
 •     *    «    •    .
   (E) When there is a natural resource
 claim against the Fund pursuant to
 section lll(c)(l) of CERCLA, the lead
 authorized official will be designated in
 accordance with the natural resource
 claims procedures, 40 CFR 308.20(b).
   (iii) If there is a reasonable basis for
 dividing the assessment the Federal or
 State agencies acting as trustee or an
 Indian tribe, acting pursuant to section
 126(d) of CERCLA. may act
 independently and pursue separate
 assessments,  actions or claims so long
 as the claims  do not overlap. In these
 instances, the agencies shall coordinate
 their efforts, particularly those
 concerning the sharing of data and'the
 development  of the Assessment Plans.
 •    •    •     •    •
  (c) Public involvement in the
Assessment Plan. (1) The Assessment
 Plan shall be made available for review
 by any identified potentially responsible
 parties, other Federal or State agencies
 acting as trustees, other affected Federal
 or State agencies or Indian tribes, and
 any other interested members of the
 public for a period of at least 30
 calendar days, with reasonable
 extensions granted as appropriate,
 before the performance of any
 methodologies contained therein.
   (2) Any comments concerning the
 Assessment Plan received from
 identified potentially responsible
 parties, other Federal or State agencies
 acting as trustees, other affected Federal
 or State agencies or Indian tribes, and
 any other interested members of the
 public, together with responses to those
 comments, shall be included as part of
 the Report of Assessment described in
 5 11.90 of this part
 •   •    *    •    •

   (e) Plan modification. (1) The
 Assessment Plan may be modified at
 any stage of the assessment as new
 information becomes available.
   (2){i) Any modification to the
 Assessment Plan that in the judgment of
 the authorized official is significant shall
 be made available for review by any
 identified potentially responsible party.
 any other affected Federal or State
 agencies acting as trustees or Indian
 tribes, and any other interested
 members of the public for a period of at
 least 30 calendar days, with reasonable
 extensions granted as appropriate.
 before tasks called for in the modified
 plan are begun.
  (ii) Any modification to the
 Assessment Plan in the judgment of the
 authorized official is not significant shall
 be made available for review by any
 identified potentially responsible party,
 any other affected Federal or State
 agencies acting as trustees cr Indian
 tribes, and any other interested
 members of the public, but the
 implementation of such modification
 need not be delayed as a result of such
 review.
Subpart D— Type A Assessments

  13. It is proposed to amend § 11.40 by
revising (c) to read as follows:

§11.40 Type A assessments
  (c) Type A assessment costs. The
reasonable and necessary costs incurred
in conducting assessments under this
Subpart shall be limited to those costs
incurred or anticipated by the
authorized official for, and specially
allocable to, incident-specific efforts'
taken in the assessment of damages for
natural resources for which the agency

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128M
        Federal Register / VoL 52, No.  74 / Friday, April 17. 1967 / Proposed Rules
is acting as frustee or for which an
Indian tribe may assert a claim. Such
costs shall be supported by appropriate
records and documentation, and shall
not reflect regular activities performed
by the agency or the Indian tribe in
management of the natural resource.
Activities undertaken as part of the
damage assessment shall be taken in a
manner that is cost-effective, as that
phrase is used in this Part

Subpart E—Type B Assessments

  14. It is proposed to amend 9 11.60 by
revising (d)(2) to read as follows:
511-60  Type B i
                 -general.
  (d) Type B assessment costs.
•    *     •     *    •
  (2) The reasonable and necessary
costs for these categories shall be
limited to those costs incurred or
anticipated by the authorized official
for. and specifically allocable to. site
specific efforts taken in the assessment
of damages for a natural resource for
which the agency is acting as trustee, or
for which an Indian tribe may assert a
claim. Such costs shall be supported by
appropriate records and documentation,
and shall not reflect regular activities
performed by the agency or the Indian
tribe in management of the natural
resource. Activities undertaken as part
of the damage assessment phase shall
be taken in a manner that is cost-
effective, as  that phrase is used in this
part.
   15. It is proposed to amend § 11.71 by
revising (g) introductory text (gMl) and
by adding new paragraph (g){5) to read
as follows:
 S 11.71
 reductfc
quantmcafle
States with respect to such Indian tribe;
or
•    •    •    •    •

  (5) Resulting from the release or
threatened release of recycled oil from a
service station dealer acting as any
person described in section 107(a)(3) or
(4) of CERCLA if such recycled oil is not
mixed with any other hazardous
substance and is stored, treated,
transported or otherwise managed in
compliance with regulations or
standards promulgated pursuant to
section 3014 of the Solid Waste Disposal
Act and other the applicable authorities.
•     •    •    •     •

  (16) It is proposed to amend {11.72 by
revising (e)(5) to read as follows:

Si 1.72  Quantificationphase  baseline
service* determination.
•     •     •    •     •

  (c) Historical data.
•     •     •    •     •

  (5) Studies conducted or sponsored by
Federal or State agencies acting as
trustees for Indian tribes for the
resource in question;
•     •     •    •    •

  17. It is proposed to amend S1142 by
removing (d)(2)pv)(B) and the letter
designation (d)(2)(ivKA) and by revising
(e)(l) and (2) to read as follows:

811.82  D
   (g) Statutory exclusions. In
 quantifying the effects of the injury, the
 following statutory exclusions shall be
 considered, as provided in section 107(1).
 (i). and (j) and 114 (c) of CERCLA. that
 exclude compensation for damages to
 natural resources that were a result of:
   (1) An irreversible and irretrievable
 commitment of natural resources
 identified in an environmental impact
 statement or other comparable
 environmental analysis, and the
 decision to grant the permit or license
 authorizes such a commitment and the
 facility was otherwise operating within
 the terms of its permit or license, so long
 as. in the case of damages to an Indian
 tribe occurring pursuant to a Federal
 permit or license, the issuance of mat
 license or permit was not inconsistent
 with the fiduciary duty of the United
   (e) Plan development. (1) In
 developing the Restoration Methodology
 Plan, the guidance provided in {11.81 of
 this part shall be followed.
   (2)(i) The Restoration Methodology
 Plan shall be made available for review
 by any identified potentially responsible
 party, other Federal or State agencies
 acting as trustees, other affected Federal
 or State agencies or Indian tribes, and
 any other interested members of the
 public for a period of at least 30
 calendar days, with reasonable
 extensions granted as appropriate,
 before the authorized official's final
 decision on selection of the alternative.
   (ii) Comments received from any
 identified potentially responsible party.
 other Federal or State agencies acting as
 trustees, other affected Federal or Slate
 agencies or Indian tribes, or any other
 interested members of the public,
 together with responses to those
 comments shall be included as part of
 the Report of Assessment, described in
 { 11.90 of this part
 •    •     *     •    •
   18. It is proposed to amend  ftl.83 by
 revising (b) to read as follows:
§11.83 Damage deteimlnation pnase-me
value methodologies.
•    •    •    •    •
  (b) Use values. (1) For the purposes of
this part, use vanes are the value to the,
public of recreational or other public
uses of the resumue. as measured by
changes in consumer snrplas, any fees
or other payments collectable by the
government or Indian tribe for a private
parry's use of the natural resources, and
any economic rent accruing to a private
party because the government or Indian
tribe does not charge a fee or price for
the use of the resource.
   (2) Estimation of option and existence
values shall be used only if the
authorized official determines that no
use values can be determined.
   (3) In instances where the Federal or
State agency acting as trustee or Indian
tribe is the majority operator or
controller of a for- or not-for-profit
enterprise, and the injury to the natural
resource results in a loss to such an
enterprise, that portion of the lost net
 income due the agency from this
enterprise resulting directly  or indirectly
 from the injury to the natural resource
 may be included as a measure of
 damages under this part
   19. It is proposed to amend 9 1144 by
 revising (i) to read as follows:

 g 11.84  Damage determination phase—
 Implementation guidance.
 •    •   •    •    •
   (i) Scope of the analysis. The
 authorized official most determine the
 scope of the analysis in order to
 estimate a diminution of use values.
   (2) In assessments where the scope of
 analysis is Federal, only the diminution
 of use values to the Nation as a whole
 should be counted.
   (3) In assessments where the scope of
 analysis is at the State level, only the
 diminution of use values to the State
 should be counted.
   (4) In assessments where die scope of
 analysts is at the tribal level only the
 diminution of use values to the tribe
 should be counted.

 Subpart F—Post Assessment Phase

   20. It is proposed to revise { TL91 to
  read as follows:
                                                                         (a) Requirement and content At die
                                                                       conclusion of the assessment the
                                                                       authorized official shall present to the
                                                                       potentially responsible party a demand
                                                                       in writing for a sum certain, representing
                                                                       the damages determined hi accordance
                                                                       with the requirements and guidance of
                                                                       S 11.40 or of 11140 of this part and
                                                                       including the reasonable cost of the

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                 Federal Register  /  Vol.  52. No. 74 / Friday,  April 17.  1987 / Proposed  Rules
                                                                      12895
assessment, and as adjusted, if
necessary, by the guidance in §11.92(b)
of this Part, delivered in such a manner
as will establish the date of receipt. The
demand shall adequately identify the
Federal or State agency or Indian tribe
asserting the claim, the general location
and description of the injured resource.
identification of the type of discharge or
release determined to have resulted in
the injuries, and the damages sought
from that party.
  (b) Report of Assessment. The
demand letter shall include the Report
of Assessment as an attachment.
  (c) Rebuttable presumption. When
performed by a Federal or State official
in accordance with this part, the natural
resource damage assessment and the
resulting Damage Determination
supported by a complete administrative
record of the assessment including the
Report of Assessment as described in
§ 11.90 of this part shall have the force
and effect of a rebuttable presumption
on behalf of any Federal or State
claimant in any judicial or adjudicatory
administrative proceeding under
CERCLA. or section 311 of the CWA.
  (d) Potentially responsible party
response. The authorized official should.
and as provided in section 113(g)(l) of
CERCLA. in some cases must, allow at
least 60 days from receipt of the demand
by the potentially responsible party.
with reasonable extensions granted as
appropriate, for the potentially
responsible party to acknowledge and
respond to the demand, prior to filing
suit
  21. It is proposed to revise §11.92 to
read as follows:
§11.92 Po
uessment phase-
restoration account*
  (a) Disposition of recoveries. (1) All
sums (damage claim and assessment
costs) recovered pursuant to section
107(f) of CERCLA or section 311(0(4)
and (5) of the CWA by the Federal
government acting as trustee shall be
retained by the trustee, without further
appropriation, in a separate account in
the United States Treasury.
  (2) All sums (damage claim and
assessment costs) recovered pursuant to
section 107(f) of CERCLA. or section
311(f)(4) and (5) of the CWA by a State
government acting as trustee shall
either
  (i) Be placed in a separate account in
the State treasury; or
  (ii) Be placed by the responsible party
or parties in an interest bearing account
payable in trust to the State agency
acting as trustee.
  (3) All sums (damage claim and
assessment costs) recovered pursuant to
section 107(0 of CERCLA or section
311(0(4) and (5) of the CWA by an
Indian tribe shall either
  (i) Be placed in an account in the
tribal treasury; or
  (ii) Be placed by the responsible party
or parties in an interest bearing account
payable in trust to the Indian tribe.
  (b) Adjustments. (1) In establishing the
account pursuant to paragraph (a) of this
section, the calculation of the expected
present value of the damage amount
should be adjusted, as appropriate.
whenever monies are to be placed in a
non-interest bearing account. This
adjustment should correct for the
anticipated effects of inflation over the
time estimated to complete expenditures
for the restoration or replacement.
  (2) In order to make the adjustment in
paragraph (b)(l) of this section, the
authorized official acting as trustee
should adjust the damage amount by the
rate payable on notes or bonds issued
by the United States Treasury with a
maturity date that approximates the
length of time estimated to complete
expenditures for the restoration or
replacement.
  (c) Payments from the account.
Monies that constitute the damage claim
amount shall be paid out of the account
established pursuant to paragraph (a) of
this section only for those actions
described  in the Restoration Plan
required by § 11.93 of this Part.
  (d) Hazardous Substance Superfund
Claims. Claims against the Hazardous
Substance Superfund must be for costs
incurred as specified by the procedures
promulgated by EPA at 40 CFR Part 306.
  22. It is proposed to amend § 11.93  by
revising (c) to read as follows:

§ 11.93  Part-assessment phase-
Restoration Plan.
•    *     •     •     •

  (c) Modifications may be made to the
Restoration Plan as become necessary
as the restoration proceeds. Significant
modifications shall be made available
for review by any responsible party,  any
affected Federal or State agencies acting
as trustees or Indian tribes, and any
other interested members of the public
for a period of at least 30 days, with
reasonable extensions granted as
appropriate before tasks called for in the
modified plan are begun.
•    •    •     *     •

[PR Doc. 87-8779 Filed 4-16-87; 8-45 am]
BILUNO CODE 4310-tO-M

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                 Federal Register  / Vol. 52. No; 9i / Wednesday May 13. 1987 / Proposed Rules
                                                                     17991
 significant adverse effects on
 competition, employment, investment.
 productivity, innovation, or on the
 ability of United States-based
 enterprises to compete with foreign-
 based enterprises in domestic or export
 markets.
   The Administrator of Veterans Affairs
 has certified that this proposed
 amended regulation, if promulgated, will
 not have a significant economic impact
 on a substantial number of small entities
 as they are defined in the Regulatory
 Flexibility Act (RFA). 5 U.S.C. 601-612.
 Pursuant to 5 U.S.C. 605(b). the proposed
 amended regulation, therefore, is
 exempt from the initial and final
 regulatory flexibility analyses
 requirements of §§ 603 and 604.
   This certification can be made
 because the proposed amended
 regulation affects only individuals. It
 will have no significant ecomomic
 impact on small entities, i.e., small
 businesses, small private and nonprofit
 organizations and small governmental
 jurisdictions.
   The Catalog of Federal Domestic
 Assistance number for the program
 affected by this proposed amended
 regulation is 64.120.

 List of Subjects in 38 CFR Part 21
   Civil rights. Claims. Education. Grant
 programs-education. Loan programs-
 education, Reporting and recordkeeping
 requirements. Schools, Veterans,
 Vocational education, Vocational
 rehabilitation.    '     •-  _
  Approved: January 15.1987.
 Thomas K. Turnage,
 Administrator.    . .
  Approved: March 0.1987.      '  •  —
 A.Lukeman.
 Deputy Assistant Secretary of Defense.

 PART 21—(AMENDED]

  In 38 CFR Part 21. Vocational
 Rehabilitation and Education. {21.5078
 is proposed to be revised as follows:

 §21.5076  Entitlement charge-
 overpayment eases.
  (a) Overpayment cases. The VA will
 make a charge against an individual's
 entitlement of an overpayment of
 educational assistance allowance only
 if:
  (1) The overpayment is discharged in
 bankruptcy; or
  (2) The VA waives the overpayment
 and does not recover it; or
  (3) The overpayment is compromised.
(38 U.S.C. 1631)
  (b) Debt discharged in bankruptcy or
is waived. If the overpayment is
discharged in bankruptcy or is waived
and is not recovered, the entitlement
 charge will be at the appropriate rate for
 the elapsed period covered by the
 overpayment (exclusive of interest,
 administrative costs of collection, court
 costs and marshal fees). (38 U.S.C. 1631:
 Pub. L 94-502)
   (c) Overpayment is compromised. (1)
 If the overpayment is compromised and
 the compromise offer is less than the
 amount of interest, administrative costs
 of collection, court costs and marshal
 fees, the charge against entitlement will
 be at the appropriate rate for the
 elapsed period covered by the
 overpayment (exclusive of interest
 administrative costs of collection, court
 costs and marshal fees).
   (2) If the overpayment is compromised
 and compromise offer is equal to or
 greater than the amount of interest.
 administrative costs of collection, court
 costs and marshal fees, the charge
 against entitlement will be determined
 by-
  (i) Subtracting from the sum paid in
 the compromise offer the amount
 attributable to interest, administrative
 costs of collection, court costs and
 marshal fees.
  (ii) Substracting the remaining amount
 of the overpayment balance determined
 in paragraph (c)(2)(i) of this section from
 the amount of the original overpayment
 (exclusive of interest, administrative
 costs of collection, court costs and
 marshal fees),
  (i'ii) Dividing the result obtained in
 paragraph  (c)(2)(ir) of this section by the
 amount of the original debt (exclusive of
interest administrative costs of
 collection, court costs and marshal fees),
 and         " "               '
  (iv) Multiplying the percentage
 obtained in-paragraph (c)(2)(iii) of this
 section by the amount of the entitlement
 otherwise chargeable for the period of
 the original overpayment (38 U.S.C.
 1631)
 [FR Doc. 87-10710 Filed 5-12-87; 8:45 am]
 BtLUNO CODE  t
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 300

[FRL-3199-7]

The National Priorities List-Listing
Policy for Federal Facilities

AGENCY: Environmental Protection
Agency.
ACTION; Proposed policy.	

SUMMARY: The Environmental Protection
Agency ("EPA") is proposing a policy
relating to the National Oil and
 Hazardous Substances Contingency
 Plan ("NCP"). which was promulgated
 on July IB, 1982 pursuant to section 105
 of the Comprehensive Environmental
 Response. Compensation, and Liability
 Act of 1980 ("CERCLA") and Executive
 Order 12316, as amended by the
 Superfund Amendments and
 Reauthonzation Act of 1986 (SARA).
   CERCLA requires that the NCP
 include a list of national priorities
 among the known releases or threatened
 releases  of hazardous substances.
 pollutants, and contaminants throughout
 the United States, and that the list be
 revised at least annually. The National
 Priorities List (NPL). initially
 promulgated as Appendix B of the NCP
 on September 8.1983 (48 FR 40658).
 constitutes this list and meets those
 requirements.
   This notice solicits comments on a
 proposed policy for placing on the NPL
 sites located on Federally-owned
 facilities that are subject to the
 corrective action authorities of the
 Resource Conservation and Recovery
 Act (RCRA). These NPL sites may
 encompass the entire Federal facility or
 portions of it depending on the size and
 characteristics of the facility.
 DATE: Comments may be submitted on
 or before June 12.1987.
 ADDRESSES: Comments may be mailed
 to Stephen Lingle, Director, Hazardous
 Site Evaluation Division (Attn: NPL
 Staff). Office of Emergency and
 Remedial Response (WH-548E). U.S.
 Environmental Protection Agency, 401M
 Street SW..  Washington, DC 20460.
 FOR FURTHER INFORMATION CONTACT
 C. Scott Parrish, Hazardous Site
 Evaluation Division. Office of
 Emergency and Remedial Response
 (WH-548E). U.S. Environmental
 Protection Agency, 401M Street. SW.,
 Washington. DC 20460. Phone (800) 424-
 9346 (or 382-3000 in the Washington,
 DC, metropolitan area).
 SUPPLEMENTARY INFORMATION:

Table of Contents
 L Introduction
 U. Contents of This Proposed Policy
I. Introduction

  Pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980.42 U.S.C. sections 9601-9657
("CERCLA or the Act"), and Executive
Order 12316 (46 FR 42237. August 20,
1981), the Environmental Protection
Agency ("EPA" or "the Agency")
promulgated the revised National Oil
and Hazardous Substances Contingenc;
Plan ("NCP"). 40 CFR Part 300. on July

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17992
Federal Register / Vol. 52, No. 92 / Wednesday.  May 13. ,1987 / Proposed Rules
16,1982 (47 FR 31180). EPA promulgated
further revisions to the NCP on
September 16.1985 (50 FR 376Z4) and
November 20,1985 (50 FR 47912). These
amendments to  the NCP implemented
responsibilities  and authorities created
by CERCLA to respond to releases and
threatened releases of hazardous
substances, pollutants, and
contaminants.       	
  Section 105(8)(A) of CERCLA requires
that the NCP include criteria for
determining priorities among releases or
threatened releases throughout the
United States for the purpose of taking
remedial or removal action. Removal
action involves  cleanup or other actions
that are taken in response to releases or
threats of releases on a short-term or
temporary basis (CERCLA section
101(23)). Remedial action tends to be
long-term in nature and involves
response actions which are consistent
with a permanent remedy for a release
(CERCLA section 101(24)). The Agency
developed the Hazard Ranking System
(MRS) to implement section 105(8)(A).
The MRS was codified as Appendix A of
the NCP.
  Section 105(8)(B) of CERCLA requires
that the statutory criteria described in
the MRS be used to prepare a list of
national priorities among the known
releases or threatened releases
throughout the United States. The list.
which is Appendix B of the NCP, is the
National Priorities List (NPL). Section
105(8)(B) also requires that the NPL be
revised at least  annually. An initial NPL
of 406 sites was promulgated on
September 8.1983 (48 FR 40658). The
NPL has been amended several times
since then. Currently, there are 703 sites
on, and 248 sites proposed for, the NPL
  Under section 300.68(a) of the NCP, a
site must be on  the NPL if a remedial
action is to be financed by the
Hazardous Substances Superfund set up
under the Superfund Amendments and
Reauthorization Act of 1986 (SARA)
(this supersedes the Hazardous
Response Trust Fund originally set up
under CERCLA). CERCLA section
lll(e)(3) prohibits the use of the Fund
for remedial actions at Federal facilities.
However, pursuant to section
300.66(e)(2) of the NCP. the Agency can
place Federal facility sites on the NPL
The Agency decided to place Federal
facility sites on the NPL in order to
inform the public about responses
undertaken at facilities (50 FR 47931,
November 20.1985). Currently. 48
Federal facility sites have been proposed
for the NPL
II. Contents of This Proposed Policy
  Today's proposal would allow
including on the NPL Federal facility
                        sites that may be subject to the
                        corrective action authorities of the
                        Resource Conservation and Recovery
                        Act (RCRA).
                           When the initial NPL was
                        promulgated, the Agency announced
                        certain eligibility policies relating to
                        sites that might qualify for the NPL One
                        of these policies was that RCRA
                        "regulated units"—i.e., land disposal
                        units that received hazardous waste
                        after the effective date of the RCRA
                        land disposal regulations (48 FR 40662,
                        September 8,1983)—would not be
                        included on the NPL On April 10.1985
                        the Agency proposed a revision of that
                        policy based upon expanded RCRA
                        authorities enacted as part of the
                        Hazardous and Solid Waste
                        Amendments of 1984 (50 FR 14117. April
                        10.1985).
                           On June 10.1986 (51 FR 21057). EPA
                        announced several components of a
                        final policy for placing non-Federal
                        RCRA-related sites on the NPL In
                        general, a listing of non-Federal sites
                        with releases that can be addressed
                        under the expanded RCRA Subtitle C
                        corrective action authorities will be
                        deferred. The Agency stated, however,
                        that certain sites subject to Subtitle C
                        corrective action requirements should
                        be listed if they have an MRS score of
                        28.50 or greater and meet at least one of
                        the following criteria: (1) Facilities
                        owned by persons who are bankrupt; (2)
                        facilities that have lost RCRA interim
                        status and for which there are
                        additional indications that the owner or
                        operator will be unwilling to undertake
                        corrective action; and (3) sites, analyzed
                        on a case-by-case basis, whose owners
                         or-operators have shown an
                         unwillingness to undertake corrective
                         action.
                           At that time. EPA also announced that
                         it would consider, at a later date.
                         whether this revised policy should apply
                         to Federal facilities (51 FR 21059. June
                         10.1986). Subsequently, the Agency has
                         analyzed the appropriateness of
                         deferring the listing of Federal facility
                         sites which may be subject to RCRA
                         corrective action. In its deliberations,
                         EPA considered the policy announced
                         on March 5.1966 (51 FR 7722)
                         concerning RCRA corrective action at
                         Federal facilities with RCRA operating
                         units. Specifically, the policy stated that:
                         (1) RCRA section 3004(u) subjects
                         Federal facilities to corrective action
                         requirements to the same extent as
                         privately owned or operated facilities
                         and (2) the definition of a Federal
                         facility boundary is equivalent to the
                         property-wide definition of facility at
                         privately owned or operated facilities.
                           The Agency has determined that the
                         vast majority of Federal facility sites
that could be placed on the NPL have
RCRA regulated units within the Federal
facility property boundary. Therefore,
strict application of the March 5.1986
boundary policy and the June 10.1988
deferred listing policy would result in
placing very few Federal facility sites on
the NPL The Agency believes that this
would be inconsistent with the spirit
and intent of Section 120 of SARA. The
Statute and its legislative history
indicate that Congress intended the
Agency to place Federal facility sites on
the NPL and to effect cleanup at those
sites. Section 120(a) provides that:
(a]ll guidelines, rules, regulations, and criteria
which are applicable to * '  * inclusion on
the National Priorities List * * *  shall also
be applicable to facilities which are owned or
operated by a department, agency, or
instrumentality of the United States in the
same manner and to the extent as such
guidelines, rules, regulations, and criteria are
applicable to other facilities.

  Section 120 of SARA also contains
requirements for assessing releases at
Federal facilities, placing them on the
NPL and effecting remedial actions at
those sites that qualify for the NPL In
the floor debates, Senator Robert T.
Stafford explained section 120 as
follows:
  Second, the amendments require a
comprehensive nationwide effort to identify
and assess all Federal hazardous waste sites
that warrant attention * * *. The legislation
• • • requires that any Federal facility that
meets the criteria applied to private sites
listed on the national priorities list (NPL]
must be placed on the NPI	Cong.
Rec. S. 14902 (daily ed., Oct 3,1986).

   If the revised RCRA policy that is
applicable to non-Federal sites were
applied to Federal facility sites, the
purposes of section 120 would be
frustrated.
   Given that Congress clearly
contemplated that Federal facility sites
would be placed on the NPL the Agency
interprets these provisons of section 120
 to mean that the criteria to list Federal
 facility sites should not be more
exclusionary than the criteria to list non-
Federal sites on the NPL Key elements
 of the of the current policy for listing
 non-Federal sites subject to RCRA
 corrective action requirements include
 whether the owner or operator has filed
 bankruptcy or clearly demonstrated
 unwillingness to comply with applicable
 RCRA requirements or regulations.
 Since bankruptcy proceedings are not  •
 applicable to Federal agencies and
 unwillingess to  comply with Federal
 laws is an unlikely occurrence.
 application of the non-Federal facilities
 policy for listing RCRA sites would
 result in listing very few Federal sites.

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               Federal Register / Vol. 52. No. 92 / Wednesday, May 13. 1987 / Proposed Rules
                                                                    17993
Thus, in order to treat Federal and non-
Federal sites equally, as required by
SARA section 120. the Agency believes
that the RCRA status of the site should
not be considered in the decision to
place a Federal facility site on the NPL
  The Agency believes that placing
RCRA-related Federal sites on the NPL
will also serve the purpose originally
intended by section 300.66(e)(2) of the
NCP—to advise the public of the status
of Federal government cleanup efforts.
(50 FR 47931. November 20.1985). In
addition, listing on the NPL will help
other Federal agencies set priorities and
focus cleanup  efforts on those sites
which present the most serious
problems.
  The policy proposed today does not
restrict the use of either RCRA
corrective action or enforcement
authorities to achieve cleanup at Federal
facilities. EPA is in the process of
developing regulations for corrective
action under RCRA and for cleanup of
Superfund sites under the National
Contingency Plan. The cleanup goals
established in those regulations will be
consistent with each other, within the
limits of each statute, and it is EPA's
expectation that remedies selected and
implemented under CERCLA will
generally satisfy the RCRA corrective
action requirements, and vice versa.
  EPA solicits comments on the
appropriateness of placing on the NPL
Federal facilities that may be subject to
RCRA corrective action authorities.
Comments should be submitted to
Stephen Lingle. Director. Hazardous Site
Evaluation Division (Attn. NPL Staff).
Office of Emergency and Remedial
Response (WH-548E) U.S.
Environmental Protection Agency. 401 M
Street. SW., Washington. DC 20460. not
later than  June 12.1987.

  Dated: May 6.1987.
J.W. McGraw.
Acting Assistant Administrator. Office of
Solid Waste and Emergency Response.
(FR Doc. 87-10910 Filed 5-12-87: 8:45 am]
BILLING CODE 6S60-50-M
40 CFR Part 440
[OW-FRL-3199-8]
Ore Mining and Dressing Point Source
Category; Gold Placer Mining; Effluent
Limitations Guidelines, Pretreatment
Standards and New Source
Performance Standards; Second
Notice of New Information; Request
for Comment and Extension of
Comment Period
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Extension of comment period.

SUMMARY: On March 24.1987 (52 FR
9414) EPA published a Notice of
Availability of New Information and
Request for Comment under the Clean
Water Act to limit effluent discharges to
waters of the United States from
facilities engaged in placer gold mining
operations (52 FR 9414). EPA is
extending the period for comment on the
proposed regulation from May 11.1987
to June 25.1987.
DATE: Comments on the Notice of
Availability of New Information for the
placer gold mining subcategory must be
submitted to EPA by June 25.1987.
ADDRESSES: Send comments to William
A. Telliard. Industrial Technology
Division (WH-552), Environmental
Protection Agency. 401 M Street, SW.,
Washington. DC 20460. Attention ITD
Docket Clerk. Proposed Placer Gold
Mining. The supporting information and
all comments on this proposal are
available Tor inspection and copying at
the EPA Public Information Reference
Unit in Washington. DC, Room 2404
(Rear) PM-213; at the EPA Library in
Seattle: at the EPA Alaska office in  .
Anchorage; and at the Alaska
Department of Environmental
Conservation office in Fairbanks,
Alaska. The  comments will be added to
the record as they are received. The
EPA Information Regulation (40 CFR
Part 2) provides that a reasonable fee
may be charged for copying.
FOR FURTHER INFORMATION CONTACT
Willis E. Umholtz (202) 382-7191.
SUPPLEMENTARY INFORMATION: On
March 24.1987 EPA published a Notice
of New Information which announced
the availability for public review and
comment of new technical and economic
data and reports which EPA will utilizr
in promulgating final effluent limitatioi
guidelines and standards for the placer
gold mining industry (52 FR 9414). The
notice stated that comments on the new
information were to be submitted on or
before May 8.1987.
  The Agency has received numerous
requests from members of the placer
gold mining industry, representatives of
the State of Alaska, and others
interested in this proposed regulation
that additional comment time be granted
to allow them to comment fully and to
supply data to support their comments.
Given the remote and sometimes
inaccessible locations of many of those
who wish to comment on the issues
raised in the notice, the consequent
difficulties they face in submitting
comments, and the complexity of issues
raised by this rulemaking. EPA has
determined that it is necessary to extend
the comment period 45 days to June 25.
1987. This will allow the public adequate
time to review and comment on the
issues raised by the notice.
  Dated: May 7.1987.
Lawrence |. fenson.
Assistant Administrator. Off ice of Water.
(FR Doc. 87-10911 Filed 5-12-87:8:45 am)
BILLING CODC 656O-SO-M
FEDERAL COMMUNICATIONS
COMMISSION

47 CFR Part 73

[MM Docket No. 87-26]

Concerning  Alternatives to the
General Fairness Doctrine Obligations
of Broadcast Licensees

AGENCY: Federal Communications
Commission.
ACTION: Proposed Rule: extension of
time for filing comments.

SUMMARY: The FCC gives notice that the
Commission granted a motion for

-------
 Wednesday
 April 22, 1987
Part  II


Environmental

Protection Agency

40 CFR Parts 300 and 355
Extremely Hazardous Substances Ust and
Threshold Planning Quantities;
Emergency Planning and Release
Notification Requirements; Final Rule

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              Federal Register  /  Vol. 52.  No. 77 /  Wednesday. April 22.  1987 / Rule3 and Regulat.ons
13378
  ENVIRONMENTAL PROTECTION
  AGENCY

  40 CFR Parts 300 and 355
  [FRL-3l73-«]

  Extremely Hazardous Substances List
  and Threshold Planning Quantities;
  Emergency Planning and Release
  Notification Requirements

  AGENCY: U.S. Environmental Protection
  Agency (EPA).
  ACTION; Final rule.

  SUMMARY: Section 302 of the Superfund
  Amendments and Reauthorization Act
  of 1988 (SARA), signed into law on
  October 17.1988. required the
  Administrator of EPA to publish a list of
  extremely hazardous substances within
  30 days. The Administrator was also
  required to simultaneously publish an
  interim final regulation establishing a
  threshold planning quantity for each
  substance on the list and initiate a
  rulemaking to finalize these regulations.
  The  list and planning quantities trigger
  emergency planning in States and local
  communities under SARA. On
  November 17.1988. EPA published an
  Interim final rule codifying the
  statutonly prescribed list of extremely
  hazardous substances, the
  corresponding threshold planning
 quantities for those substances, and the
  local and State reporting requirements
 for facilities at which extremely
 hazardous substances or other
 "hazardous substances" are present. On
 November 17. EPA also proposed
 revisions to the list of extremely
 hazardous substances. Today's
 rulemaking revises the list of extremely
 hazardous substances, the threshold
 planning quantities, and the emergency
 planning and release reporting
 requirements based on public comments
 received on the intenm final rule and
 proposed revisions.
 EFFEcnvt DATES: This rule becomes
 effective on May 17.1987 for purposes of
 facility planning notification under
 section 302 and May 22.1987 for
 purposes of emergency release
 notification under section 384. Other
 dates relevant to this rule Include the
 following:
  1. State emergency response
 commissions are to be established by
 Apnl  17.1987.
  2. Facility notifications for emergency
 planning are required by May 17.1987.
  3. Slate commissions are to establish
 emergency planning districts by July 17.

  4. State commissions are to establish
 local emergency planning committees by
August 17.1987.
                                          5. Facility emergency release
                                        notifications to the local emergency
                                        planning committee begin on August 17.
                                        1987 or on the date on which the
                                        committee is formed if prior to that date.
                                          8. Facility notifications to local
                                        committees concerning facility
                                        representatives are due by September
                                        17.1987.
                                          7. Emergency response plans should
                                        be completed by the local emergency
                                        planning committees by October 17.
                                        1988.
                                       ADDRESS: The record supporting this
                                       rulemaking is contained in the
                                       Superfund Docket located in Room
                                       Lower Garage at the U.S. Environmental
                                       Protection Agency. 401 M Street SW,
                                       Washington. OC 20460. The docket Is
                                       available for inspection by appointment
                                       only between the hours of 9:00 a.m. and
                                       4:00 p.m. Monday through Friday,
                                       excluding federal holidays. The docket
                                       phone number is (202) 382-3048. As
                                       provided in 40 CFR Part 2, a reasonable
                                       fee may be charged for copying services.
                                       FOR FURTHER INFORMATION CONTACT:
                                       Richard A. Homer. Chemical Engineer.
                                       Preparedness Staff. Office of Solid
                                       Waste and Emergency Response. WH-
                                       562A. U.S. Environmental Protection
                                       Agency. 401 M Street. SW. Washington.
                                       DC 20460. The Chemical Emergency
                                       Preparedness Hotline, at 1-800/533-
                                       0202. in Washington. DC at 1-202/479-
                                       2449 can also be contacted for further
                                       information.
                                       SUPPLEMENTARY INFORMATION: The
                                       contents of today's preamble are listed
                                      in the following  outline:
                                      L Introduction
                                        A. Statutory Authority
                                        & Background
                                          1. Superfund Amendments and
                                          Raauthorization Act of 1886 (SARA)
                                          2. Title 01
                                          3. Emergency Planning and Notification
                                          Requirements Under Title ID
                                          4. Emergency Planning Program
                                      n. Summary of Public Comments
                                      QL Summary of Revisions to the Interim Final
                                          Rule
                                      IV. Responses to Major Public Comments
                                        A. Emergency Planning
                                        a Emergency Release Notifications
                                        C Criteria Used to Identify Extremely
                                          Hazardous Substances
                                        O. List of Extremely Hazardous Substances
                                        E. Determination of Levels of Concern
                                        F.  Threshold Planning Quantities
                                        G. Reportable Quantities
                                        H. Miscellaneous
                                      V. Relationship to CERCLA
                                        A. Relationship of Title III to the National
                                         Contingency Plan
                                        a  Relationship of This Rule to CERCLA
                                         section 103 Reporting Requirements
                                      VI. Effective Dates
                                      VU. Regulatory Analyses
                                        A. Regulatory Impact Analysis
                                        a  Regulatory Flexibility Analysis
    C. Paperwork Reduction Act
  VUL Supporting Information

  L Introduction

  A. Statutory Authority

    This regulation is issued under Title
  III of the Superfund Amendments and
  Reauthorization Act of 1988. (Pub. L 99-
  499). ("SARA" or "the Act"). Title III of
  SARA is known as the Emergency
  Planning and Community Right-to-know
  Act of 1988.
  B. Background

  1. Superfund Amendments and
  Reauthorization Act of 1986 (SARA)

    On October 17.1988. the President
  signed into law the Superfund
  Amendments and Reauthorization Act
  of 1988 ("SARA") which revises and
  extends the authorities established
  under the Comprehensive
  Environmental Response. Compensation
  and Liability Act of 1980 ("CERCLA").
  Commonly known as "Superfund."
  CERCLA provides authority for federal
 cleanup of uncontrolled hazardous
 waste sites and response to releases of
 hazardous substances. Title in of SARA
 establishes new authorities for
 emergency planning and preparedness.
 emergency release notification.
 community right-to-know reporting, and
 toxic chemical release reporting.
 2. Title m

   Title D7 of SARA, also known as the
 "Emergency Planning and Community
 Right-to-Know Act of 1988". is intended
 to encourage and support emergency
 planning efforts at the State and local
 levels and provide the public and local
 governments with information
 concerning potential chemical hazards
 present in their communities. The
 emergency planning requirements of this
 Act recognize the need to establish and
 maintain contingency plans for
 responding to chemical accidents which
 can inflict health and environmental
 damage as well as cause significant
 disruption within a community.
  Title 01 is organized into three
 subtitles. Subtitle A. which establishes
 the framework for local emergency
 planning, will be described in more
 detail in the following section. Subtitle B
 provides the mechanism for community
awareness with respect to hazardous
chemicals present in the locality. This
information is critical for effective local
contingency planning. Subtitle B
Includes requirements for the
submission of material safety data
sheets and emergency and hazardous
chemical  Inventory forms to State and
local governments, and the submission

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                  ara    egister / Vol.
                 ^^^^^^^^^™^™^™
   of toxic chemical release forms to the
   States and the Agency. Subtitle C
   contains general provisions concerning
   trade secret protection, enforcement
   citizen suits, and public availability of
   information.
     Today's rule revises the interim final
   rule, published on November 17.1988.
   (51 FR 41570). which set forth the basic
   elements for initiation of local
   emergency planning. The preamble to
   that rule described the Title III
   framework in more detail. Following is a
   summary of the statutory provisions
   directly related to today's final rule.
   3. Emergency Planning and Notification
   Requirements Under Title 01
    Subtitle A of Title III is concerned
   primarily with emergency planning
  programs at the State and local levels.
  Section 301 requires each State to
  establish an emergency response
  commission by April 17.1987. The State
  commission is responsible for
  establishing emergency planning
  districts and appointing, supervising.
  and coordinating local emergency
  planning committees.
   Section 303 governs the development
  of comprehensive emergency response
  plans by the local emergency planning
  committees and provision of facility
  information to the committee. The local
  emergency planning committee is
  responsible for completing an
  emergency plan meeting  the
  requirements of section 303 by October
  17.1988 and reviewing the plan at least
  annually. Under section 303(d), facilities
  subject to emergency planning must
 designate a facility representative who
 will participate m the local emergency
 planning effort as a facility emergency
 response coordinator. This designation
 must be made by September 17.1987 or
 30 days after establishment of the local
 emergency planning committee.
 whichever is earlier. Section 303(d) also
 requires facilities to provide the
 committee with information relevant to
 development or implementation of the
 local emergency imumue plan.
   Section 302 reqaM the
 Administrator oCflftio publish a list of
 extremely hazard*c»«betances and
 threshold planning quantities (TPQs) for
 such substances within 30 days of
 enactment of SARA. Any facility when
 an extremely hazardous substance is
 present in an amount in excess of the
 threshold planning quantity is required
 to notify the State commission by May
 17.1987 or 60 days after the facility first
 begins handling an extremely hazardous
 substance in excess of its TPQ. Such
 notification should be in writing and
specify the name and an accurate and
current locational address of the facility.
52. No. 77  / Wednesday. April 22. 1987 /  Rules and Regulation.      13379
   Other facilities may also be designated
   by the commission or the Governor. In
   turn, the State emergency response
   commission must notify EPA of such
   facilities. The Agency encourages State
   commissions to provide such notice by
   August 17.1987 to the EPA Regional
   Administrator for the standard Federal
   Region in which the State is located. The
   Agency requests that the notification
   provide a list of the covered facilities
   with their current and accurate
   locational addresses organized by
   emergency planning district, if
   practicable.
    The list of extremely hazardous
   substances is defined in section
   302(a)(2) as "the list of substances
   published in November. 1985 by the
   Administrator in Appendix A of the
   Chemical Emergency Preparedness
   Program Interim Guidance". This list
   was established by EPA to identify
   chemical substances which could cause
  serious irreversible health effects from
  accidental releases. Section 302(a)(3)
  further required EPA to initiate a
  rulemaking to revise the threshold
  planning quantities.
    Section 304 establishes requirements
  for immediate reporting of certain
  releases of hazardous substances to the
  local planning committees and the State
  emergency response commissions.
  similar to the release reporting
  provisions  under section 103 of
  CERCLA. Section 304 also requires
  follow-up reports on the release, its
  effects, and response actions taken. An
  interim final rule, published on
  November 17.1988 set forth the list of
  extremely hazardous substances.
  threshold planning quantities and
  reporting requirements. A companion
  rule requested comments on the interim
  final rule and proposed deletions from
  and additions to the list of extremely
  hazardous substances. Today's rule
  finalizes the list and associated planning
 requirements based on public
 comments.
 4. Emergency Planning Program
   After the  enactment of Superfund
 (1980). it became apparent that
 emergency response, although vital to
 the protection of public health and the
 environment from accidental releases of
 hazardous substances, was not enough
 protection against the possibility of
 releases of extremely hazardous
 substances. For many chemicals.  It is
 not sufficient merely to plan for cleanup
 of releases once they have occurred
 because of the hazard the releases pose
 to surrounding populations. Rather, it is
 important to facilitate emergency
 planning which can help prevent the
 accident and enable timely and effective
   emergency response in the event of a
   hazardus release. To aid in such
   planning, the Agency initiated the
   voluntary Chemical Emergency
   Preparedness Program (CEPP)—a part of
   the Agency's Air Toxics Strategy for
   addressing both continuing and
   accidental releases of toxic substances
   into the air environment. Under CEPP.
  EPA developed the list of substances
  referred to in section 302(a) (now known
  as "extremely hazardous substances")
  and guidance materials to help local
  communities focus their planning efforts.
    Title III of SARA mandates the type of
  program advocated by the Agency's
  CEPP. It encourages State and local
  governments to establish the
  infrastructure needed to facilitate
  emergency planning and provides
  technical support to these programs. It
  also requires certain facilities to supply
  the information on substances present at
  the facility which is necessary for
  contingency planning.
   The extremely hazardous substances
  list and its threshold planning quantities
  are intended to help communities focus
  on the substances and facilities of the
  most immediate concern for emergency
  planning and response. EPA strongly
  emphasizes, however, that while the list
  finalized today includes many of the
  chemicals which may pose an
  immediate hazard to a community upon
  release, it is not to be considered a list
  of all substances which are hazardous
  enough to require community emergency
 response planning. There are tens of
 thousands of compounds and mixtures
 in commerce in the United States, and in
 specific circumstances, many of them
 could be considered toxic or otherwise
 dangerous. The list published today
 represents only-a first step towards
 development of an effective emergency
 response planning effort at the
 community level. Without a preliminary
 list of th!« kind, it would be very difficult
 for most communities to know where to
 begin identification of potential
 chemical hazards among the many
 chemicals present in any community.
   Similarly, the threshold planning
 quantities are not absolute levels above
 which the extremely hazardous
 substances are dangerous and below
 which they pose no threat at all. Rather.
 the threshold planning quantities are
 intended to provide a "fust cut" for
community emergency response
planners where these extremely
hazardous substances are present. After
identification of facilities at which
extremely hazardous substances are
present in quantities greater than the
threshold planning quantities, the
community will have the basis for

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  13380     Federal Register / Vol. 52. No. 77 / Wednesday. April 22. 1987  /  Rules and  Regulations
  Further analysis of the potential danger
  posed by these facilities. Also, they will
  be able to identify other facilities posing
  potential chemical risks to the
  community and develop contingency
  plans to protect the public from releases
  of hazardous chemicals. Sections 311
  and 312 of Title III provide a mechanism
  through which a community will receive
  material safety data sheets and other
  information on extremely hazardous
  substances, as well as many other
  chemicals, from many facilities which
  handle them. A community can then
  assess and initiate planning activities,  if
  desirable, for quantities below the
  threshold planning quantity and for
  other substances of concern to them. A
  proposed rule setting forth the
  requirements for reporting under
  sections 311 and 312 was published on
  January 27.1987 (51 FR 2836).
   In addition to the assistance provided
  by the extremely hazardous substance
  list and the threshold planning
 quantities, community emergency
  response planners will be further aided
 by the National Response Team's
 Hazardous Materials Emergency
 Planning Guide. A separate notice of
 availability of this document was
 published in the Federal  Register on
 March 17.1987. (52 FR 8380.61) as
 required under section 303(f) of Title ffl.
 The planning guide will be
 supplemented at a later date with
 Technical  Guidance to assist local
 emergency planning committees in the
 technical evaluation of potential
 chemical hazards and the pnoritization
 of sites. This technical document will
 provide more detailed guidance on
 identifying and assessing the hazards
 associated with the accidental release of
 hazardous substances on a site-specific
 basis. In addtion to the toxicity of the
 substance, such an assessment should
 address site-specific considerations
 such as the conditions of storage  or use
 of the substance (e.g. -rhmher under
 temperature or prmsiasjH *• physical
 properties of the subsMH»fe« physical
 state  (solid, liquid. gas**s4»tiiity.
 dispersability. reactivttj£&»location
 (e.g. distance to affected* populations).
 and the quantity of the substance. The
 Technical Guidance will address  snch
 considerations to assist local planners in
 hazard ^identification and analysis
 essential to effective emergency
 response planning.
  Following is a summary of comments
 received by the Agency on the interim
 final rule. EPA's responses to major
comments, and a description of
 revisions to the rule.
  II. Summary of the Public Comments
    A total of 81 letters was received on
  themterim final rule and proposed rule.
    There were several comments on the
  emergency planning program
  infrastructure and notification
  requirements, especially requests for
  clarification of notification requirements
  and exemptions. In particular.
  clarifications were requested on
  federally permitted releases, continuous
  releases and the relationship of the Title
  III reporting requirements to CERCLA
  reporting requirements.
   Other major comments focused on the
  criteria used to identify chemicals for
  inclusion in the list of extremely
  hazardous substances, the need for
  additional criteria to address chronic or
  acute non-lethal health effects and
  physical and chemical properties.
   Many commenters suggested changes
  to the extremely hazardous substance
 list primarily deletions of specific
 chemicals, and expressed support for
 proposed deletions to the list. Other
 commenters opposed the deletions on
 the basis that the criteria for deletion
 were too narrow. Several recommended
 deletions of non-reactive, non-powdered
 solids.
   Other commenters questioned the
 methodology used in setting threshold
 planning quantities and/or suggested
 changes  to the threshold planning
 quantities for specific chemicals.
 Another  topic of concern was the
 percent mixture policy, with some
 commenters opposing it »nj others
 stating that it was not appropriate in all
 cases.
   In addition, a major issue was the
 inconsistency between reportable
 quantities (RQa) and threshold planning
 quantities for a number of chemicals,
 particularly where the reportable
 quantities exceed threshold planning
 quantities.
   Other comments included *ncV of
 funding for State and local programs.
 use of the metric system, protection of
 confidential business information, and
 the content of an emergency response
 plan.

 m. Summary of Revisions to the Interim
 Find Rub
  Several changes from the interim final
 rule should be noted First while the
 interim final rule was placed in Part 300
of Tide 40 of the Code of Federal
Regulation, the final rule has been
placed in Part 355. Part 300 is the
National Oil and Hazardous Substances
Pollution  Contingency Plan (NCP). In the
intenm final rule, the Agency announced
its intention to evaluate the placement
of Title III rules. After consideration, the
  Agency has decided to place all Title III
  regulations in Subpart 335 et seq. since
  some of Tide III is not specifically
  germane to the NCP and the Agency
  believes  that all Tide III rules should
  reside in one place in the Code of
  Federal Regulations. For clarity, today's
  rule republishes the list of extremely
  hazardous substances and associated
  regulations in its entirety.
   This section described the significant
  changes that have been made to the
  intenm final rule, based upon public
  comments on that rule and on the
  proposed rule. The following summary is
  organized according to the sections of
  the rule.

 Section 35SJO (formerly § 300.92}—
 Definitions

   The definition of "Commission" was
 revised to indicate that the Governor of
 a State will be the State emergency
 response commission, if no commission
 is designated, for all commission
 responsibilities in addition to planning.
 such as receipt of emergency release
 notifications and community right-to-
 know information and processing
 requests from the public for information
 under section 324. This change was
 made to better accord with the statutory
 language and to clarify, in response to
 commenters' concern, the entity to be
 notified after April 17.1987 of a release
 under section 304 if no State commissior
 has been established
   A definition of transportation-related
 release has been added in response to
 comments requesting clarification of the
 term.

 Section 353.30 (formerly § 300.93)—
 Emergency Planning

   In response to commenters who asked
 how the TPQ is to be calculated EPA
 has added a definition of the phrase
 "amount of any extremely hazardous
 substance" to paragraph (a). Thus, to
 determine whether the facility has
 present an amount of an extremely
 hazardous substance which equals or
 exceeds the TPQ. the owner or operator
 must determine the total amount of an
 extremely hazardous substance present
 at any one time at a facility, regardless
 of location, number of containers or
 method of storage. Additionally, the
 amount of an extremely hazardous
 substance present in mixtures or
 solutions in excess of one (1) percent
 must be included  in the determination.
Section 355.40 (formerly § 300.94}—
Emergency Release Notification
  In response to several comments with
respect to the exemption for on-site
releases. EPA has revised the

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                Bra
                                vol. 52.  No. 77 /  Wednesday. April 22, 1987 / Rules and Regulations
                                                                       13381
 applicability of this section to parallel
 the statutory exemption. The phrase
 "results in exposure to persons solely
 within the boundaries of the facility"
 was substituted for "results in exposure
 to persons outside the boundaries of the
 facility". Thus, releases need not result
 in actual exposure to persons off-site in
 order to be subject to release reporting
 requirements.
   Several commenters requested that
 "continuous" releases be added to the
 exemptions listed under applicability to
 the extent that such releases are exempt
 from reporting under CERCLA. EPA
 agrees, based on the language in section
 304(a) which requires that releases
 importable under that Section occur in a
 manner which would require
 notification under section 103(a) of
 CERCLA. EPA has added this exemption
 to paragraph (a) along with other similar
 exemptions from section 103(a)
 notification under CERCLA (e.g..
 pesticide product releases under section
 103(e)J. However, because "statistically
 significant increases" from a continuous
 release must be reported as an episodic
 release under section 103(a) of CERCLA.
 such releases must also be reported
 under section 304(a). This has also been
 clarified in today's rule.
   EPA has also clarified the effective
 date for emergency release notifications.
 EPA agrees with commenters who
 argued that the reporting provisions
 should not come into effect on
 November 17.1986 as stated in the
 interim final rule, but rather when the
 entity to which reports must be made is
 established. Accordingly, section 304
 notifications must be made to the
 Commission beginning May 22.1987
 since the State emergency response
 commission is to be already established
 by that date. After April 17.1987. the
 Governor becomes the Commission until
 a Commission is established and
notifications should be made to him/her.
Beginning August 17.1987. notifications
should also be made to the local
committees. If no low! emergency
planning committee !• established by
August 17.1987. locsJ notifications must
be made to the approfttate local
emergency resposM personnel In many
cases, facilities wffl sJnady be alerting
relevant local officials, such as fire
departments, to those releases.
  As noted by a commenter, notification
is to be made to the "community"
emergency coordinator as stated in the
statute rather than the "local"
emergency coordinator as stated in the
interim final rule.
  In response to comments, the
alternative reporting for CERCLA
hazardous substances which are not
extremely hazardous substances is
 clarified to note its expiration after April
 30.1988 and that the exception concerns
 the immediate notice, not the follow-up
 report. These changes better accord the
 exception with the statutory language.
 In addition. EPA responded to requests
 from commenters by clarifying the
 exception for transportation-related
 releases in § 3S5.40(b)(4)(ii) (formerly
 S 300.94(b)(4)(ii)) by specifying the
 contents of the notice and further
 defining "transportation-related release"
 in accordance with the legislative
 history of this provision.

 Appendix A and B (formerly Appendix
 D and Appendix E)—Ust of Extremely
 Hazardous Substances and Threshold
 Planning Quantities

   The appendices republish the list set
 out in the interim final rule with the
 addition of four new chemicals and the
 revised final threshold planning
 quantities.
   The Agency is adding to the list of
 extremely hazardous substances four of
 the five chemicals proposed for addition
 in the proposed rule published on
 November 17.1986. The other chemical.
 urea.3-(3.4-dichlorophenyl)l.methoxy-l.
 methyl-. CAS number 330-65-2. will not
 be added to the list because of new data
 that indicates that this chemical does
 not meet the acute toxicity criteria. The
 Agency has determined that this
 chemical does not meet the present
 criteria.
   In the interim rule. 40 chemicals were
 proposed for deletion from the list of
 extremely hazardous substances. Based
 upon public comment and upon
 reconsideration of the statutory criteria
 for revisions of the list. EPA has decided
 not to delete these substances from the
 list in this rulemaking. EPA agrees with
 commenters who indicated that under
 section 302(a)(4). chemicals should not
 be deleted from the list if they can be
 shown to have other health effects
 resulting from a short-term exposure at
 specified levels. The Agency does not
 currently have available criteria for
 determining such levels.
  The Agency has also changed the way
 in which threshold planning quantities
 are applied to solids based on
 commenters' concerns. Under today's
 rule, the threshold planning quantity
 listed for each solid-form substance
 applies only if certain criteria an met
 Otherwise the threshold planning
 quantity is 10.000 pounds. Since solids
generally do not present an airborne
 release hazard unless they are handled
 in certain forms or are highly reactive.
only those forms or levels of reactivity
which can potentially result in an
airborne release apply to the threshold
planning quantity listed. Therefore, the
 listed threshold planning quantity will
 apply only to that fraction of the total
 quantity of a solid with a particle size
 less than 100 microns, that fraction of a
 solid in solution, or that fraction of a
 solid in molten form at any time. An
 adjustment factor of 0.3 to account for
 maximum potential volatility is also
 applied to solids in molten form. The
 total quantity in molten form must be
 multiplied by 0.3 and then compared to
 the listed threshold planning quantity to
 determine if reporting is required for
 that chemical. With respect to reactivity.
 only solids with a National Fire
 Protection Association (NFPA) rating, or
 those that meet the criteria for a rating
 of 2.3. or 4 for reactivity, do not default
 to a threshold planning quantity of
 10.000 pounds. Solids on the list of
 extremely hazardous substances in
 Appendices A and B have two TPQ
 values. The first applies to solids that
 meet the form (i.e., <100 microns) or
 reactivity criteria  described above: the
 second TPQ (10.000 pounds) are for
 solids that don't meet the form or
 reactivity criteria.
   In addition, the  Agency has made two
 changes in threshold planning quantity
 categories. The "any amount" category
 has been eliminated and a new one-
 pound category added for substances
 considered to be of the highest potential
 hazard. The two-pound category has
 also been eliminated with two chemicals
 reassigned to the one-pound category
 and the others in this category
 reassigned to a new ten-pound category.
 These changes were made in response
 to commenters' concerns over the
 inconsistency between TPQ levels and
 CERCLA RQ levels.
  A number of chemicals have been
 moved to different threshold planning
 quantity categories in this rule based on
 revised categories discussed above or
 on new or reevaluated toxicity data.
 Those chemicals whose threshold
 planning quantities were reassigned are
 noted in the list in Appendix A and B:
 the reasons for the reassignments are
 indicated in footnotes. Approximately 36
 chemicals were moved to lower
 categories while 12 were assigned higher
TPQ values. More details on these
reassignments can be found in the
technical support documents which are
available in the public docket.
                                                                              IV.
              to Major Public
                                                                                A document summarizing the
                                                                              comments and responses to all the
                                                                              public comments is available in the
                                                                              public docket to this final rule. The
                                                                              major issues raised by the commenters
                                                                              and the Agency's response to them are
                                                                              described below.

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 13382     Federal Register  /  Vol. 52.  No. 77 / Wednesday. April 22. 1987 /  Rules and Regulation
A. Emergency Planning
  1. Emergency Planning Under section
302
  A number of comments focused on the
emergency planning requirements of
Title III. One commenter requested that
the rule be amended to allow existing
State and local laws the provide
substantially similar protection to
supercede the specific provisions of the
federal rule.
  Section 321 of SARA discusses the
relationship of Tide 01 to other federal.
State, and local laws. This section
generally provides that nothing in Tide
III shall preempt any State or local law,
or affect any State of local law.
However, material safety data sheets, if
required under a law passed after
August 1. 1985. must be identical in
content and form to that required under
section 311. Accordingly, while Title m
does not supercede State or local laws,
EPA has no authority to waive the
requirements imposed under Title IIL
These requirements, including the
threshold planning quantities, are
intended to be minimum •tMndarHa.
However. EPA will work with States
which have  developed reporting forma
and planning structures to determine the
most efficient approaches to coordinate
Title in requirements with existing State
or local structures, forms and
requirements where appropriate to
avoid duplication of effort
  Several commenters feel that EPA
should require States to notify the
Agency when the State emergency
response commissions/local emergency
planning committees are established.
EPA should  then publish mis
information  in the Federal Register or
disseminate it in some way so that all
affected parties could have access to it
One commenter noted that covered
facilities must know to whom to report
in order to comply with the notification
requirements to Title QL
  States are not required to provide
information  on the establishment  of the
State emergency
and local emergencyjjuning
committees to EPA. flower; the
Agency strongly enoHsagn States to
notify the public, esptduly potentially
affected facilities, and EPA as soon as
the State emergency response
commissions and local emergency
planning committees are established.
The Agency suggests that the facility
contact the Governor's office if it does
not have information on the commission.
EPA Regional Administrators are
writing to the Governors of each State
and Territory to inform them of Title III
requirements, to offer information and
technical assistance in the development
 of the State and local planning structure
 and to request that they notify EPA of
 die establishment of the State
 emergency response commission.
  One commenter believes that EPA
 should explain fully its expectations as
 to the responsibilities of the State
 emergency response commissions and
 local emergency planning committees. In
 response to this comment EPA notes
 that Title ffl implementation is primarily
 a State and local responsibility. EPA
 does not intend to oversee the operation
 of individual commissions and
 committees. With  respect to State
 responsibilities under Title ID. EPA
 recommends that States review  the
 appropriate sections of Title in when
 establishing their State emergency
 response commissions and local
 emergency planning committees and
 laying out the commission and
 committee responsibilities regarding
 planning and public availability. The
 Agency recommends that the State
 emergency response commission be as
 broad-based as possible, including key
 State agencies such as environmental
 protection, emergency management
 health, occupational safety and health.
 labor and transportation, as well as
 other public and private sector
 representation as the State deems
 appropriate. EPA's Regional Offices are
 available to assist States in establishing
 and implementing  the planning structure
 described in Section 301.
  One commenter believes that  the local
planning committees could impose
 significant requirements on small
businesses. The commenter feels EPA
 should clarify the information
requirements in the emergency planning
guidance and in the final rale.
  With respect to the emergency
planning guidance, the National
Response Team's Hazardous Materials
Emergency Planning Guide (notice of
availability published on March 17.1087.
52 FR 8360) describes the information
requirements established under Title m
and how this information will be useful
 in developing a local emergency plan.
  The Agency is also clarifying the Title
 m emergency planning and notification
requirements based upon public
 comment. With respect to the issue of
 burden on small businesses, the
Agency's small business analysis does
 not show mat these emergency planning
 requirements will cause a significant
 burden to small facilities. Because small
 facilities an likely to use or store fewer
 extremely hazardous substances and
 handle smaller amounts, the level of
 planning required will be
 commensurately smaller. In addition.
 unreasonable burdens on small facilities
 can be prevented because owners/
 operators of subject facilities will be
 represented on local emergency
 planning committees.
   Facilities subject to section 302 will
 designate a facility emergency
 coordinator to participate in the
 planning process. Participation  by the
 facility in the planning process provides
 an opportunity for the facility to present
 concerns regarding the burden of
 planning to the committee and to ensure
 that committee requests for information
 are necessary for planning. In particular.
 small businesses may wish to encourage
 special small business representation on
 the local emergency planning committee
 and also make their concerns known
 through their emergency coordinators.
   One commenter stated that an
 extremely hazardous substance that
 was not stored on site but produced in a
 process such as an incinerator should be
 exempt from both threshold planning
 quantity calculation and exempt from
 release reporting if the release is
 covered by a Clean Air Act permit. EPA
 agrees that if none of the material is
 present on site and less than a TPQ is
 present at any one time during the year.
 then the extremely hazardous substance
 need not be reported to the local
 emergency planning committee. Further.
 if the release is federally permitted
 under section 101(10) of CERCLA. then
 the release need not be reported under
 section 304 of SARA.
   Another commenter believes that
 there should be an exemption for plants
 over 5000 meters or some other distance
 from a community. EPA disagrees. No
 long distance exemption exists under
 section 302. For further discussion on
 plant distance from a community, see
 section F.l.a. below.

 B. Emergency Release Notifications
 1. Recipients and Providers of Section
 304 Notification

   Two commenters questioned the
 requirements under \ 309.94(b)(l) of the
 interim final rule (now \ 355.40(b)(l))
 that directs facilities to notify relevant
 local and State emergency response
 personnel following an emergency
 release if there is no State commission
 or local committee. One commenter
 believed that this sentence should be
 deleted as it exceeds EPA's authority.
   Along the same lines, one commenter
 expressed the concern that State
 commissions and local committees must
 be notified after a release, but in many
 States these commissions and local
'committees are not yet established.
 States are required to establish their
 commissions by April 17.1967 and those
 commissions must establish local

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                                                                                 u es an
                                                                                                ations
                                                                     13383
 committee! not later than 30 days after
 the designation of emergency planning
 districts or by August 17.1987,
 whichever is earlier.
   In order to alleviate confusion over
 whom to notify prior to the dates upon
 which the commission and committee
 are to be established, EPA has revised
 the effective date of the notification
 requirements. As previously discussed,
 under today's rule the release
 notification requirements to the State
 commission become effective on May
 22,1987 and to local committees
 beginning August 17.1987. If a
 committee is in existence prior to that
 date, notification should be made to it
 as of the date of its establishment.
   Section 301 of SARA provides that if
 the State commission is not set up by
 April 17,1987. the Governor must
 operate as  the State commission, and
 thus notification must be made under
 today's rule even if no commission is
 established Where no commission is
 established the notifications would be
 made to the State Governor. Local
 committees are required to be
 established not later than 30 days after
 the designation of emergency planning
 districts or by August 17.1087,
 whichever is earlier. If local committees
 are not set up by August 17.
 notifications must still be made, but
 should be provided to local emergency
 personnel such as local emergency
 management offices or fire departments.
 As indicated by the legislative history of
 this provision. Congress intended that
 emergency release notification
 requirements become effective as of the
 dates when the commissions and
 committees are to be established EPA.
 however, has delayed the effective date
 of release notification to the State since
 the list of extremely hazardous
 substances  and reporting requirements
 have been under revision. Local and
 State governments may make any
arrangements necessary for the receipt
 of the release information when
 commissions and "—•f<**Tff are not yet
 established Further, diacuaaion of
 effective dates casfeks) ftrwnti under
 section VI of thia PMHDBB.
  One commentar believes that for
 transports tion-rnlsisd releases, the
emergency release notification
requirements should apply to the
operator, rather than the owner of the
facility. No changes were made to the
rule in this regard because section 304
allows either the  owner or operator to
give notice after a release. Owners and
operators may make private
arrangements concerning which party is
to provide release notification: however.
under section 304 both owner and
 operator are responsible if no
 notification is provided
   The same commenter requested the
 Agency to define the term
 "transportation-related release." The
 Agency has defined this term for
 purposes of the release notification
 requirements in die revised final
 regulation.

 2. Scope of Section 304 Reporting
   One commenter recommended that
 EPA adopt under SARA the same policy
 formulated under section 102 of
 CERCLA to determine whether an RQ
 has been reached The method used by
 CERCLA does not require aggregation of
 either releases from separate facilities
 or releases of different hazardous
 substances at the same facility. EPA
 agrees that this policy should be equally
 applicable to releases under section 304
 due to similarity to section 103 of
 CERCLA.
   One commenter believes that the
 section 304 emergency release
 notification requirements should apply
 to all releases that meet the notification
 thresholds and that have the potential
 for affecting anyone outside the facility
 boundaries. As discussed to section in
 above. EPA agrees that its codification
 of the statutory exemption for on-site
 releases, by requiring the release to
 result in exposure to persons off-site.
 could be interpreted to be broader than
 the actual statutory language. In today's
 rule. EPA has revised the regulations to
 better accord with the statutory
 language.
  One commentar stated mat releases
 into water or soil should also be covered
 under the SARA section 304
 requirements rather than Just air
 release* which the commenter believed
 was mdtoatad in the November 17. 1886
 regulations. However, the interim final
 rule did not indicate that the release
 notification requirements wen only
 applicable to air releases. Although the
 original CEPP program was concerned
 primarily with the dangers of air
 releases (and the TPQs developed under
 section 304). section 304 of Title DL like
 section 103 of CERLCA. coven release*
 into all media.

 3. Types of Releases That An Exempt
From Section 304 Reporting
  /. Main Categories of Exemption.
 Several commenten asked for
 clarification of the various exemptions
 from section 304 reporting requirements.
The statute provides several exemptions
 from notification. These are: (a)
 "Federally permitted releases" as
 (b) releases which only result in
 exposure to persons within the facility
 boundaries: (c) releases from a facility
 which produces, uses, or stores no
 hazardous chemicals: (d) "continuous
 releases" as defined under CERCLA
 section 103 (f): and (e) releases of a
 FIFRA-registered pesticide, as denned
 under CERCLA section 103(e).
   It should be noted however, that
 some releases occurring at a facility
 which are not reportable under section
 304 may still constitute reportable
 releases under CERCLA section 103 and
 must if so. be reported to the National
 Response Center. Release reporting
 under section 304 is in addition to
 release notifiction under CERCLA
 section 103. Thus, notice to the National
 Response Center may be required even
 if no local of State reporting is required
 CERCLA section 103, for instance, does
 not contain an on-site release

  //. Federally Permitted Releases.
 Seven commenten stated that "federally
 permitted releases" should be exempted
 from SARA section 304 release
Environmental Response. Compensation
and Liability Act of I960 section 101(10):
 included mis exemption in | 300.94 (now
 I 355.40). the emergency release
 notification section of the regulation.
 The exemption for "federally permitted
 releases" is '^""Hm! to that under
 section 103 of CERCLA. Section 101(10)
 of CERCLA defines "federally permitted
 releases" for purposes of section 103 of
 CERCLA and release notification under
 Title ffl and includes 11 types of specific
 releases permitted under certain State
 and federal programs. As EPA issues
 clarifications of "federally permitted
 release" under section 103 of CERCLA.
 these clarifications will apply equally to
 releases notifications under section 304
 of SARA. The issuance of rules
 clarifying the definition of "federally
 permitted release." will be the subject of
 a later rulemaking.
  One commentar azLad whether the
 "federally permitted release" exemption
 applies fully to State permitted releases.
 State permitted releases are exempted
 only to the extent that the releases are
 considered "federally permitted" under
 section 101(10) of CERCLA.
  UL Continuous Releases. Seven
 commenten requested that a
 clarification be made of the regulation
 establishing an exemption from
 reporting under sectiou 304 for any
 "continuous release" of an extremely
hazardous snbenmce or CERCLA
hazardous sobetance. Several
commenten cited the Conference report
on the Superfund Amendments and
Reantborization Act which states
"releases which are continuous or

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  13384
Federal  Renter  / Vol. 52. No. 77 /  Wednesday.  April  22. 1987  /  Rules and  Regulations
  frequently recurring and do not require
  reporting under CERCLA are not
  required to be reported" under section
  304. (H.R. Rep. No. 963. 99th Cong. 2d
  Sess. at 285 (1986))
    Section 103(f) of CERCLA provides
  relief from the reporting requirements of
  section 103(a) for a release of a
  hazardous substance that is continuous
  and stable in quantity and and rate.
  (Instead, continuous releases are subject
  to annual reporting under section 103(0).
    As discussed in section III above. EPA
  agrees that this exemption from
  immediate release notification should
  apply to SARA section 304 to the same
  extent that such releases are not subject
  to reporting under CERCLA section
  103(d) and clarifies the regulation today
  to that effect. Thus, "continuous
  releases" which require annual reporting
  under section 103(f) of CERCLA  rather
  than immediate reporting under  section
  103(a) are not subject to reporting under
  section 304 of SARA. Unlike CERCLA
  section 103. however, there is no
  provision for alternative  annual
  reporting under section 304. (Some
 continuous releases will be subject to
 annual reporting under section 313 of
 SARA.) In addition, because
 "statistically significant increases" from
 a "continuous release" must be reported
 as an episodic release under CERCLA
 section 103(a). such releases must also
 be reported under SARA section 304.
 Any clarifications or regulations
 mterpretating "continuous" or
 "statistically significant increases"
 releases under CERCLA section 103(f)
 will also apply to SARA section 304.
   One commenter noted that some
 power plants without federal permits
 may daily exceed RQ levels for some
 extremely hazardous substances such as
 SOj or SOs. The commenter desired a
 clarification of the intent of EPA  on this
 matter. Since such substances are non-
 CERCLA hazardous substances.
 reporting is not necessary as pursuant to
 CERCLA. In addition, such releases
 need not be reported if they qualify as
 "continuous" or "federally permitted
 releases" under CERCLA as discussed
 above. "Statistically SBBrtficant
 increases" would be sabfect to section
 304 reporting.
  One commenter stated that a variance
 procedure is needed in the section 304
 requirement to exclude or otherwise
 exempt upset conditions and baseline
 conditions under normal operations.
 EPA disagrees because upset releases
 are episodic and precisely the type of
 release intended to be reported under
Title III. "Baseline conditions" are
exempt only if "continuous" or
"federally permitted." The fact that a
release can be predicted from an  upset
                            situation or periodically from normal
                            operations would exempt virtually all
                            releases from all facilities from ever
                            reporting, since most releases occur
                            from either normal operations or upset
                            conditions.
                              iv. Exclusion of Certain Types of
                            Waste and Facilities Under Section 304.
                            One commenter asked for an
                            interpretation of "release" that would
                            not include any disposal of hazardous
                            waste or solid waste, if disposal is
                            performed according to the permitting
                            and other relevant requirements of the
                            Resource Conservation and Recovery
                            Act (RCRA) or the Toxic Substances
                            Control Act (TSCA). or other applicable
                            federal or State law.
                             Disposal of hazardous substances at a
                            disposal facility in accordance with EPA
                            regulations is not subject to CERCLA
                            notification.
                             Regardless of the outcome of that
                            decision, it is important to note that
                            spills and accidents occurring during
                            disposal and outside of the approved
                           operation, that result in reportable
                           releases of extremely hazardous
                           substances or CERCLA hazardous
                           substances, must be reported to the
                           State emergency response commission
                           and local emergency planning
                           committee as well as to the National
                           Response Center. In addition. PCS
                           releases of an RQ or more from a TSCA-
                           approved facility (as opposed to
                           disposal into such a facility), must be
                           reported under section 304 (and to the
                           National Response Center).
                             The RCRA disposal issue is similar to
                           PCS disposal under TSCA. In a final rule
                           issued in April 1985. EPA determined
                           that where the disposal of wastes into
                           permitted or interim status facilities is
                           properly documented through the RCRA
                           manifest system and RCRA regulations
                           are followed notification under
                           CERCLA does not provide a significant
                           additional benefit as long as the facility
                           is in substantial compliance with all
                           applicable regulations and permit
                           conditions. However, spills and
                           accidents occurring during disposal that
                           result in releases of reportable
                           quantities of hazardous substances must
                           be reported to the National Response
                           Center under CERCLA J 103.50 PR
                           13461 (April 4.1985). EPA believes that
                           the same rationale applies to section
                           304. Thus, no notification of proper
                           disposal into such RCRA facilities is
                           required under today's rule.
                            Another commenter wanted to know
                           if mining and mineral extraction wastes
                           were exempt under section 304. There is
                           no such exclusion under section 304 and
                           the release notification requirements
                           apply if the wastes are CERCLA
  hazardous substances or extremely
  hazardous substances.
    v. Releases from Facilities Not
  Handling "Hazardous Chemicals"
  Several commenters requested that
  since certain chemicals at research
  laboratories are exempt from the
  definition of "hazardous chemicals" and
  thus exempt from release notification
  requirements under section 304. that this
  exclusion be extended to section 302
  planning requirements.
   SARA defines "hazardous chemical"
  under section 311. Under section 31l(e)
  "any substance to the extent it is used in
  a research laboratory or a hospital or
 other medical facility under the direct
 supervision of a technically qualified
 individual" is excluded from the
 definition of "hazardous chemical."
 Section 304 of SARA also states that
 releases of extremely hazardous
 substances and CERCLA substances are
 reportable under section 304 only when
 from a facility where hazardous
 chemicals are produced, used, or stored.
 However, because the planning
 requirements are not tied in any way to
 "hazardous chemicals." the "hazardous
 chemical" exclusion of section 304 does
 not extend to section 302.
   In addition, for emergency notification
 purposes under section 304. if a release
 of an extremely hazardous substance or
 CERCLA substance  exceeds the
 reportable quantity and occurs on a
 facility that produces, uses, or stores a
 "hazardous chemical." the facility
 owner or operator must notify the
 required parties. Accordingly, the
 research laboratory  is exempt from
 section 304 emergency notification only
 if no hazardous chemicals are present at
 the facility, other than those used at the
 laboratory under the direct supervision
 of a technically qualified individual.
  vi. Other Exemptions from Section 304
 Reporting. Section 304(a) applies to
 releases which require notification
 under section 103(a)  of CERCLA or. for
 substances which are not "hazardous
 substances" under CERCLA. releases
 which "occur in a manner which would
 require notification under section
 103(a)" of CERCLA. As indicated above.
 "continuous" releases as defined under
 section 103(f) do not  require immediate
 release reporting under section 103(a)
 except for "statistically significant
 increases." Because such releases do not
 "occur in a manner"  which requires
 Immediate release reporting under
 section 103(a) of CERCLA. they are also
 not reportable under section 304 of
 SARA.
  In addition, there are other types of
releases which are not reportable under
section 103(a) of CERCLA. For instance.

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             Federal Register / Vol. 52. No. 77 /  Wednesday.  April 22. 1987 /  Rules and  Regujations
  EPA has been aaked whether the
  application of pesticide products by an
  agricultural producer constitutes a
  reportable release under section 304.
  The application of a registered pesticide
  generally in accordance with its purpose
  is exempt from section 103(a)
  notification under section 103(e) of
  CERCLA. Because such releases are not
  reportable under section 103(a) of
  CERCLA. they are also exempt from
  release reporting under section 304(a) of
  SARA, and EPA has clarified the release
  reporting regulations to include this
  exemption. Similarly, section 101(22) of
  CERCLA excludes several types of
  releases from the definition of "release"
  and thus from release reporting under
  CpCLA section 103(a). These releases.
  which include emissions from engine
  exhaust, certain nuclear material
  releases, and the normal application of
  fertilizer, are also excluded from release
  notification under section 304 of SARA.
   With respect to other exemptions, one
  commenter requested that section 304 be
  clarified to indicate whether the
  CERCLA "petroleum exclusion" applies
  to release reporting under Tide III. The
  commenter felt that since "petroleum.
  including erode oil or any fraction
  thereof is exempt from reporting under
  section 103 of CERCLA, it should also be
  exempt from reporting under section 304
  of SARA.
   However, "petroleum" is exempted
 generally from CERCLA responsibilities
  since it is excluded from the definition
 of a "hazardous substance" under
 section 101(14) and "pollutant or
 contaminant" under section 101(33) of
 CERCLA. Because no such exclusion
 exists under Title ID. if extremely
 hazardous substances are present in
 petroleum, those substances are subject
 to applicable emergency planning and
 release notification requirements under
 Title IIL
  One commenter felt that particulates
 and other substances emitteH from
 power plants should be exempt from
 f 300.94 (now i 35&4B) asaergency
 release notificatiejUHBtHmenta.
  Such a release iftisBBBt from | 355.40
              .
      a. defined
tf CERCLA.
  ander section
 if it is "federally
 under Section
 "continuous" as  ine  aner sectio
 103(f) of CERCLA. or cannaed within
 the site. As mentioned before, the
 Agency U currently developing
 regulations defining "federally
 permitted** and "continuous releases."
 Such rules and Interpretations will also
 apply to release notification under Title
 III.
  vii. Mixtures. With regard to facilities
 which produce, use. or store mixtures.
one commenter stated that this kind of
facility should be exempt from section
  302 notification requirements if the
  extremely hazardous substance
  component information is not available
  on the MSDS provided by the
  manufacturer. EPA disagrees. If the
  facility which produces, uses, or stores
  mixtures knows or reasonably should
  know the components of the mixture.
  the facility owner or operator must
  notify under section 302 if the extremely
  hazardous substance component is more
  than one percent and more than the
  TPQ. The facility owner or operator is
  not under an  obligation, however, to
  inquire of the manufacturer the
  components of the mixture. Section IV.
  F.3 below discusses the one percent de
  minimis limit of extremely hazardous
  substances in mixtures for purposes of
  determining quantities applicable to the
  threshold planning quantities.
   The same commenter believes that the
  de minimis concept should also be
  applied in the determination of
  emergency release notification. EPA
  disagrees, since the de  minimis quantity
  was set in place for threshold quantities
  simply to make the calculation of the
  total amount of extremely hazardous
  substances on a facility more
  straightforward for planning purposes.
 The more dilute an extremely hazardous
 substance is. the more difficult it is to
 identify the substance in a mixture and
 the less likely to be released in a large
 quantity.  For release reporting, however.
 the "de minimis" is the  RQ because the
 extremely hazardous substance is
 already in the  environment potentially
 doing harm. But whether or not the RQ
 is exceeded depends on the amount of
 the substance  in the mixture, if known.
 This is the CERCLA "mixture" rule. See
 April 4.1985 RQ rule (50 PR 13463).

 4. Section 304 Transportatioa Issues
   One commenter asked how an
 important carrier win know if he/she is
 carrying an extremely hazardous
 substance^ Pint EPA notes that the
 definition of facility in Title m does not
 cover transportation facilities with
 respect to facility planning notification
 and participation under section 302.
 However, local communities should take
 into account the local routes  on which
 extremely hazardous substances will be
 transported in developing their
 emergency response plans.
  Second, the definition of facility does
 cover some transportation facilities for
 purposes of release notification under
 section 304. However, because section
 329 defines "facility" to include only
 "motor vehicles, rolling stock, and
 aircraft," vessels are not subject to
 section 304. Third, with respect to the
degree of knowledge required, section
304 does not specify the  degree of
  knowledge required for release
  reporting, or even that any knowledge is
  required. However, because of the close
  relationship between section 304 of
  SARA-and section 103 of CERCLA. EPA
  interprets section 304 to require the
  same degree of knowledge as required
  under CERCLA section 103. Neither
  section 103 of CERCLA or section 304 of
  SARA impose separate monitoring or
  testing requirements on facility owners
  and operators.
    One commenter asked if the release
  regulations apply differently to foreign
  nag carriers as opposed to domestic
  earners. As noted above, ships are not
  covered under section 304.
    One commenter requested
  clarification of the responsibility of
  transportation operators in the event of
  a spill or release of extremely hazardous
  substances or CERCLA substances.
  Although owners/operators of
  transportation facilities are not required
  to notify State and local authorities with
  regard to section 302 contingency
  planning, they are required to report
  releases  under section 304.
   With regard to stationary facilities.
  Section 304 requires owners and
  operators to report releases to the local
  emergency planning committee and to
  the State emergency response
  commission. Owners and operators of
  transportation facilities under section
  304 are allowed to call the 911
  emergency number in lieu of calling the
  State commission and local committee.
 or in the absence of a 911 number, the
 operator. The rationale for this separate
 reporting is that transportation
 operators on the road may very well not
 know the telephone numbers of the
 relevant State and local entities. If the
 transportation operator is in a
 community which has a generic
 emergency number rather than 911. the
 generic number should be used instead
 of 911. Note that if the release is of a
 CERCLA hazardous substance, a call to
 the National Response Center is also
 required. Local committees should
 consider training all personnel
 responsible for receiving telephone
 notice of such a release, so that proper
 notification procedures will be
 maintained.
  One commenter aaked if section 304
 release notification requirements apply
 to pipelines, barges, and other vessels as
 well as to  other transportation facilities.
 Section 327 of SARA states that Title III
does not apply to the  transportation of
any substance or chemical, including
transportation by pipeline, except as
provided in section 304. Section 304
requires notification from facilities of
releases of extremely hazardous

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Federal  Register / Vol. 52. No. 77  /  Wednesday. April 22.  1987 /• Rules and Regulations
  substances and CERCLA hazardous
  substances. The word "facility" is
  dePined in section 329 to mean
  stationary items, which would include
  pipelines. The definition also includes.
  for purposes of section 304. motor
  vehicles, rolling stock, and aircraft.
  Because barges and other vessels are
  not included in the definition of
  "facility." they are not subject to section
  304 reporting requirements.
    Another commenter asked when and
  where an air earner should report a
  release. For instance,  should he/she
  report the release to the State where the
  release occurred or wait until the airport
  of destination to report? EPA believes
  that since aircraft should always have
  radio communication capabilities, the
  report should be given to the Slate(s)
  likely to be affected by the release as
  soon as possible after release. Reporting
  the release on amval at  the destination
  will not necessarily enable the provision
  of timely emergency response to the
  affected areas.

  5. The Mechanics of Section 304
  Reporting

   One commenter stated that section
 304 notification should go to the local
 emergency planning committee only.
 rather than to the local emergency
 planning committee and the State
 emergency response commission.
 Section 304 requires notification to both
 entities.
   One commenter stated that section
 304 release notification requirements
 should apply to reporting to the National
 Response Center under CERCLA section
 103 as well as to State  and local
 authorities. Although many releases
 subject to section 304 reporting
 requirements are also subject to
 reporting requirements under CERCLA
 section 103. no reporting to the National
 Response Center is currently required
 for the 256 extremely hazardous
 substances which are not "hazardous
 substances" under CERCLA. EPA
 intends to designate time 256 extremely
 hazardous substancas) a* "hazardous
 substances" under CERCLA section 102.
 At that time, release*of inch substances
 will also become reportable to the
 National Response Center under
 CERCLA section 103.
  One commenter believes that the
 telephone notification to the National
 Response Center under CERCLA section
 103 should suffice for the  new
 requirements under SARA section 304.
The commenter feels that the
requirement to call the  State and local
authorities is too much  of a burden
when added to the existing CERCLA-
required call to the National Response
Center.  EPA disagrees.  The basic
                            purpose behind the emergency planning
                            and notification requirements of Title III
                            is to protect the public in the event of
                            dangerous chemical releases through the
                            establishment of local and State
                            emergency response capability. Because
                            State and local participation for
                            effective and timely emergency response
                            is central to Title III. these entities must
                            be alerted to potentially dangerous
                            chemical releases. Thus, telephone
                            notification to the federal government
                            alone, through the National Response
                            Center, does not meet the intent of the
                            statute.
                             Three conunentera requested a
                            simplification in words or chart of the
                            various requirements for release
                            notification under section 103 of
                            CERCLA and section 304 of SARA.
                            CERCLA section 103 concerns reporting
                            requirements for releases of "hazardous
                            substances" as defined under section
                            101(14} of CERCLA.  Under section 103 of
                            CERCLA. a release of a hazardous
                            substance in an amount equal to or in
                            excess of its RQ which is not otherwise
                            exempted under CERCLA. must be
                            reported to the National Response
                            Center. SARA section 304 provides a
                            similar reporting requirement for
                            releases of hazardous substances as
                            defined under section 304 as well as
                           releases which require notification
                           under CERCLA section 103. However.
                           reporting under section 304 must be
                           given by the owner or operator of a
                           facility to the community emergency
                           coordinator for the local emergency
                           planning committee and to the State
                           emergency planning commission rather
                           than the National Response Center
                           under CERCLA section 103.
                             With respect to transportation of a
                           substance subject to  the requirements of
                           section 304 or storage incident to such
                           transportation, owners and operators
                           may call the 911 emergency number in
                           lieu of calling the State commission and
                           local committee, or in the absence of a
                           911 number, may call the operator. The
                           rationale for this separate reporting is
                           that transportation operators on the
                           road may very well not know the
                           telephone numbers of the  relevant State
                           and local entities. If the transportation
                           operator is in a community which has a
                           generic  emergency number rather than
                           911. the generic number should be used
                           instead  of 911.  Note that if the release is
                           of a CERCLA hazardous substance, a
                           call to the National Response Center is
                           also required.
                            Further. EPA intends to designate
                           under section 102 of CERCLA all
                           extremely hazardous substances which
                           are not already defined as "hazardous
                           substances" under section 101(14) of
                           CERCLA. The designation  will include
  all 256 extremely hazardous substances
  that are not presently "hazardous
  substances" under CERCLA. At that
  time, any substance requiring local a..
  State release reporting under section 304
  of SARA will also require reporting to
  the National Response Center under
  section 103. In addition, the extremely
  hazardous substances will continue to
  trigger contingency planning
  requirements in addition to release
  reporting.
    With regard to the contents of the
  required notification under SARA
  section 304 and CERCLA section 103.
  the required contents of section 304
  emergency notification is set out in
  S 355.40 (formerly 8 300.94). Although
  section 103(a) of CERCLA does not
  specify the contents of release
  notification, the information necessary
  under section 103(a) for potential federal
  response. e.g., type of substance and
  nature. location, and effects of the
  release, should not differ for any
  practical purpose from the content of the
  notice specified under section 304.
   Section 304 also requires follow-up
  written emergency notice to the State
  emergency response commission and
  the local emergency planning committee.
  The content of this notice is set out in
  i 355.40 (formerly } 300.94).

  8. The Contents of Section 304 Notice?

   Two commentera believe that the
  CERCLA and Title III telephone
  notification should include the same
  basic information, such as whether the
  incident is still ongoing, abatement
  actions by whatever entities, cause and
  injuries in the incident if known, amount
  spilled, etc. The required contents of the
 emergency notification was set out in
 the interim final rule, and is republished
 in today's rule. The Agency does not
 believe that the notification  specified in
 Section 304 and today's rule should vary
 from the CERCLA notification in any
 significant way.
  One commenter believes that the final
 rule.should include guidance on how to
 report information on "known or
 anticipated. . . health  risks" under
 SARA section 304(b)(2)(F] (immediate
 report) and 304(c)(2) (follow-up report).
 At the same time, the commenter stated
 that since general health information is
 already given on a "material safety data
 sheet" (MSDS) for the chemical, then an
 indication that "severe adverse health
 effects may be expected" should suffice.
 EPA disagrees. The health information
contained in an MSDS is general and
 will not be specific enough to be of use
 to health professionals, especially if the
chemical name is confidential on the
 MSDS.

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             Federal  Register  /  Vol. 52.  No. 77 /  Wednesday. April  22.  1987 / Rules and Reflations
    One commenter stated that the
  requirement regarding the inclusion of
  any known or anticipated health effects
  associated with the release is a mistake
  since anticipating health effects is
  speculative at best and the release
  report should stick to fact not
  speculation.
    EPA disagrees. The inclusion of this
  requirement in the interim final rule, and
  today's rule, is based on the contents of
  the notice specified in section 304(b)(2)
  of SARA.
    Several commenters wrote to the
  Agency regarding the written follow-up
  emergency notice.
    One commenter stated that the
  written report should include when the
  incident took place and the cause of the
  accident, to be consistent with CERCLA
  and RCRA. EPA believes that the
  location of the release is always
  essential for emergency response
  purposes and should be identified in any
  release notification under section 304.
    One commenter believes that the
  written notification requirements should
  also include results of a facility's
  inspection. The inspection specifies the
  preventive measures to be applied to
  prevent future releases. EPA agrees that
  this may be an effective preventive tool
  but has not made this information a
 requirement for release reporting. State
 and local governments may wish to
 require such information. In addition, a
 release prevention program under
 CERCLA will require a releaser who has
 more than a specified number of
 releases of a certain hazardous
 substance, or releases in certain
 quantities above the RQ. to report in
 writing to EPA and to the State the
 specific steps that are being taken to
 prevent reoccurrence of the release.
   The same commenter felt that written
 follow-up information should go not only
 to the local planning committee but also
 to the State commission and to the State
 environmental agency. Section 304(c) of
 SARA mandates that follow-up
 notification go to the same entitles that
 received the initial oral notification. Le-
 the State commisste and the local
 committee. State aavfaoamental
 agencies may requcat the information. In
 addition, in moat cam. environmental
 agencies will be represented on the
 commission and therefore the
 information will be available to them.

 C Criteria Used to Identify Extremely
 Hazardous Substances
 1. Toxicity Criteria
  a. Narrowness of Criteria. Several
commenters suggested the need to
broaden the selection criteria to include
other health effects that may result from
  short-term exposures. The commenters
  contend that Congress intended the
  Agency to take these other toxic effects
  into account in developing a
  comprehensive approach to emergency
  planning.
    The Agency agrees with the
  commenters that the intent of Congress
  is to include substances that cause both
  short-term and long-term health effects
  following short-term exposure. Under
  the Chemical Emergency Preparedness
  Program, it was the Agency's intent to
  take into account all toxic effects to
  humans that may be associated with
  short-term exposure to chemicals.
  However, a review of available data
  indicated limited information on other
  effects resulting from short-term
  exposures to airborne substances. In
  addition, generally accepted methods of
  extrapolating data on health effects
  resulting from multiple or long-term
  exposure to indicate effects that may
  result from short-term exposure are not
  available. Comments were requested in
  the proposed rule on how chronic and
  other health effects from short-term
 exposures could be incorporated into
 criteria for the list The commenters had
 no specific suggestions for such criteria.
 In the future, the Agency intends to
 consider the development of additional
 toxicity criteria for acute non-lethal and
 chronic effects due to short-term
 exposure. In the meantime. EPA agrees
 that substances cannot be deleted from
 the extremely hazardous substances list
 until the Agency can evaluate non-acute
 toxic effects from short-term exposure to
 these substances.
   b. Oral and Dermal Toxicity Data.
 Comments were received concerning the
 Agency's inclusion of oral and dermal
 lethality values in addition to inhalation
 toxicity data to identify air toxicants as
 opposed to relying only on inhalation
 toxicity data. Some commenters
 expressed support for the Agency's
 position, while others suggested that the
 use of such data is inappropriate or
 should be modified. The Agency is using
 acute lethality data from the oral.
 dermal and inhalation routes in order to
 identify chemicals with high inherent
 toxicity. Consideration of inhalation
 data only would lead to the omission of
 many chemicals for which there may be  '
 no inhalation studies: if these chemicals
 are highly toxic by oral or dermal
 administration, the Agency believes
 they may be potentially hazardous via
 the inhalation route and should be so
 identified. Other organizations such  as
 the European Economic Community and
the World Bank agree that these data
should be used in identifying acutely
toxic chemicals. Based on these reasons.
  the Agency is retaining the use of oral
  and dermal lethality values.
    c. Use of LCu> and LDu> Data. In the
  absence of median lethal concentration
  or doses (LCx, or LD*,) data, lowest
  lethal concentration or dose (LCLO or
  LDu>) data were used to identify
  extremely hazardous substances
  Several commenters questioned the use
  of such data. Other commenters
  suggested that when such data are used.
  they should be evaluated more
  stnngently than LDM or LCto data and
  lower criteria values should be
  specified. Even with the amount of
  animal acute lethality data that is
  available, there are chemicals for which
  there are no standard acute lethality test
  data. LCto and LDu* values may  be more
  variable than those provided from
  median lethality tests, but for the
  purposes of screening large numbers of
  chemicals, it is deemed necessary to
  provide a second level screening tool in
  preference to missing potentially toxic
  chemicals because chemicals are not
  adequately tested. Because there is no
  quantitative basis for comparison of
  LCto and LDu, values with LC*o or LDjo
 values, it is not possible to develop
 additional criteria levels for these
 values. At present, for the purposes of
 Identifying highly toxic chemicals, the
 Agency will continue to treat LCu> and
 LDu, data in the same manner as the
 LCio and LDU data in the absence of the
 'latter. Currently, approximately ten
 percent of the total number of chemicals
 on the list have been identified based on
 LCu> or LDu, data.
   d. Exposure Time.  Several
 commenters questioned the use of
 inhalation toxicity data based on any
 reported exposure times of up to eight
 hours or with no reported exposure time.
 Acute inhalation toxicity test results
 depend upon the concentration of the
 chemical in air and the duration of the
 exposure periods. Because of this. LCw
 and LCto values for a chemical may
 vary depending upon how long the
 animals were exposed to the substance.
 The Agency chose to  make maximum
 use of available acute toxicity data to
 screen for acutely toxic chemicals and.
 therefore, chose to use LCu and LCu>
 values with exposure periods up to eight
 hours or with no reported exposure
 period. The Agency believes that this
 conservative approach, which might
 identify more chemicals than would be
 found using a specified period such as
 four hours as a cut-off time, is in
 accordance with the intent of Congress
 to protect public health and safety. In
 the absence of other data, and
considering the general relationship of
LCjo and LCto values,  it is believed that

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Federal  Register / Vol.  52. No  77 / Wednesday.  April 22.  1987 / Rules and Regulation
 such substances represent potential
 hazards as acutely toxic chemicals.
 Additionally, there is no available
 scientifically accepted method to adjust
 data from varying exposure times to
 obtain a normalized value. The Agency
 is therefore not making such an
 adjustment.
   e. Use of Animal Data. Several
 commenters were concerned with the
 use of animal data to identify extremely
 hazardous substances potentially
 harmful to humans. They believed that
 human data should be used in
 preference to animal data when
 available and that animal data should
 be further evaluated to determine ita
 applicability to humans. The Agency has
 chosen to use data from  the most
 sensitive mammalian species because
 present state-of-the-science does not
 allow prediction of the species that ia
 the appropriate surrogate for humans for
 a  given chemical. The human population
 is very heterogeneous and. in fact
 comprises  many subpopulationt with
 varying degrees of sensitivity to the
 toxicity of a chemical. One of the main
 principles supporting all animal toxicity
 testing is that the biological activity of
 chemicals as reflected in toxic effects in
 animals can also lead to toxic  effects in
 humans. Ideally, all toxicity tests should
 be conducted with an animal species/
 strain which most accurately reflects the
 toxic response in humans. There are no
 data available, however, to indicate
 which species most accurately reflects
 the human  response for every chemical
 To obtain such data, extensive
 laboratory  work on a variety of species
 would need to be conducted. Further.
 only data on toxicity to humans could
 venfy which is the appropriate speciea
 for a given  chemical. The Agency wil
 retain the use of data from the  moat
 sensitive species tested to screen
 chemicals.  If data on humans are
 available for specific chemicals, they
 will be evaluated on a case-by-case
 basis.

2. Physical/Chemical Properties
  Several commentta suggested using
vapor pressure and ability to disperse as
criteria to limit the "«•«*«-• of high-
boiling point liquids and solids on the
list. Consequently,
   .             ,
remaining on the list would be those
with higher dispersion potential. One
commenter suggested the publishing of
more than one list of extremely '
hazardous substances baaed on
different release and dispersion
scenarios. Several commenters
suggested the evaluation of other
physical and chemical properties of
substances, such as flammability.
                             reactivity, and combustibility, as critena
                             for listing chemicals.
                               The list of extremely hazardous
                             substances, mandated by Congress, is
                             presently based on inherent acute
                             toxicity. Physical and chemical
                             properties of substances on the list are
                             considered in establishing the threshold
                             planning quantities (see below), but
                             these factors are not used as criteria for
                             listing because each chemical could be
                             handled at non-ambient conditions.
                             Because of very variable conditions, the
                             Agency believes it is appropriate to deal
                             with factors such as ability to disperse
                            and physical/chemical properties on a
                            site-specific basis. Local emergency
                            planning committees will consider these
                            factors at the community level when
                            assessing potential exposure of
                            vulnerable populations. EPA urges
                            communities to take all these factors
                            into account to identify other hazardous
                            substances with which they may be
                            concerned and to prioritize all such
                            substances in the community for
                            emergency planning.
                              The Agency does intend to evaluate
                            hazards other than toxicity as'identified
                            in section 302(a)(4) and to develop
                            appropriate critena based on these
                            physical/chemical properties, e.g..
                            flammability. for revising the list of
                            extremely hazardous substances in  the
                            future. However. EPA has not
                            considered these additional properties
                            in the context of this rulemaking.
                            3. UseofRTECS
                             Several commentera were concerned
                            with the Agency's use of the National
                            Institute of Safety and Health's (N1OSH)
                            Registry of Toxic Effects of Chemical
                            Substances (RTECS) Database. The
                            overall comments were that RTECS Is
                            neither intended for. nor is it capable of.
                            being used as a primary source of health
                            data and that the database is not peer-
                            reviewed. The present screening criteria
                            can be applied to any experimental
                            toxicity data on chemical substances.
                           The RTECS data base was used as the
                            principal source of toxicity data for
                            identifying acutely toxic chemicals
                           because it represents the most
                           comprehensive respository of acute
                            toxicity information available with basic
                           toxicity Information and other data on
                           approximately 87.000 chemicals. It is
                           widely accepted and used as a toxicity
                           data source by industry and regulatory
                           agencies alike. Although RTECS Itself is
                           not formally peer-reviewed, the data
                           presented are from scientific literature
                           which has been edited and in most
                           cases peer reviewed by  the scientific
                           community before publicatioa The
                           Agency recognizes some limitations
                           associated with using this data base, but
  for the purpose of screening acute
  toxicity data. RTECS represents the
  single best source of information since •'<•
  is the most comprehensive data souro
  available.

  D List of Extremely Hazardous
  Substances

  I. Changes to the List in this Rule

   a. Deletions. In the companion
  proposal to the interim final rule
  published on November 17,1968. the
  Agency proposed the deletion of 40
  chemicals which do not now meet the
  acute lethality listing criteria. They no
  longer meet the existing criteria because
 new data have recently become
 available, existing data have been
 reevaluated. or errors occurred in the
 RTECS data base. Several commenters
 supported some or all of the proposed
 changes: however, other commenters
 challenged the deletion of these
 chemicals before the Agency has
 determined that they pose no other
 health hazards as a result of a short-
 term exposure.
   The Agency has decided not to delete
 any of the 40 chemicals proposed for
 deletion at this time. When the list of
 extremely hazardous substances was
 developed in 1985 (as the list of acutely
 toxic chemicals for the voluntary
 Chemical Emergency Preparedness
 Program) it was intended as an exampl
 list. When the list became part of Title
 III of SARA, the Administra tor of EPA
 was given the authority to revise the list.
 but only after various criteria were
 considered. These criteria include the
 toxicity. reactivity, volatility.
 dispersibility. combustibility or
 flammability of a substance. The section
 302 definition of the term "toxicity"
 includes any short- or long-term health
 effect which may result from short-term
 exposure. Based on this statutory
 provision, the Agency believes that
 substances cannot be deleted from the
 list until EPA has taken into account the
 other (i.e.. long-term) health effects
 resulting from a short-term exposure to
 the substances at specified levels. The
 criteria for determining such levels are
 not available. In the furore, the Agency
 intends to address the development of
 additional toxicity criteria for acute non-
lethal and chronic effects due to short-
 term exposure. Until these criteria are
 available and the forty chemicals in
question can be reassessed, these	
chemicals have been assigned the TPQ
 level of lowest  concern, namely 10.000
 pounds.
  b. Additions. In the interim final rule.
 the Agency proposed the addition of five
chemicals to the list and requested

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            Federal Register / Vol. 52. No.  77 / Wednesday. April  22. 1987  /  Rules and Regulations      13389
  public comments on the proposed
  additions. One comment was received
  concerning urea. 3-(3.4-dichlorophenyl)-
  1-methoxy-l-methyk The commenter
  believed that the toxicity of this
  chemical did not meet the criteria and
  submitted unpublished toxicity data to
  support its claim. The Agency has
  reviewed the submitted data and finds
  that the chemical does not meet the
  present criteria. Therefore, the chemical
  will not be added to the list. The
  remaining four of these five chemicals
  are added to the list in this rule.
   c. Additional Suggested Changes. A
  number of commenters recommended
  the deletion  of specific chemicals from
  the list in addition to those in the interim
  final rule. As discussed above, the
  Agency has decided not to delete any
  chemical until other health effects
  resulting from short-term exposure  have
  been assessed. Further, such deletions
  will be accomplished through
 rulemaking. One commenter suggested
 additions to  the list The Agency will
 take this request under consideration
 and any additions will be proposed in
 later rulemaking.
   d. Radioactive Materials. Food.
 Drugs, and Cosmetics. The Agency
 requested comments on whether
 radioactive materials and chemicals
 used as food additives, drugs, and
 cosmetics should be added to the list
 Such chemicals were not considered for
 the list if they were  not listed in the 1977'
 Toxic Substances Control Act Inventory.
 Commenters  expressed conflicting
 opinions as to whether radioactive
 materials and the chemicals used in
 foods, drugs,  and cosmetics should be
 listed. After review  of the comments, the
 Agency has decided to maintain its
 onginal policy with  respect to these
 chemicals and thus will not consider
 these substances for addition to the list
 at this time.

 E. Determination of Levels of Concern
 1. Use of IDLH Values
   Two commenten supported the use of
 the Immediately Danferoos Life and
 Health Level  (IDLH) •» developed by
 NIOSH as the levriaf concern. A third
 commenter supported the use of IDLH
 only as an interim measure. Two
 commenters suggested that if the IDLH
 is used, then appropriate uncertainty
 factors should be employed. Another
 commenter suggested that the Agency
 continue to identify more appropriate
 alternatives.
  The Agency recognizes that the IDLH
 has some limitations as a measure for
protecting general populations. First, as
commenters pointed out the IDLH is
based upon the response of a healthy.
 male worker-population and does not
 take into account exposure of more
 sensitive individuals such as the elderly.
 pregnant women, children, or people
 with various health problems. Second.
 the IDLH is based upon a maximum 30
 minute exposure period which may not
 be realistic for accidental airborne
 releases. Based on these considerations.
 the Agency has identified the
 development of more appropriate
 chemical emergency exposure levels for
 the general public as a priority.
 However, at present, the IDLH value, or
 an estimation of level of concern based
 on acute toxicity data for substances
 that do not have a published IDLH.
 appears to be a suitable measure of
 relative toxicity for use in the
 methodology for establishing threshold
 planning quantities (see discussion
 under F).

 2. Use of Acute Lethality Data

   Two commenten addressed the use of
 acute lethality data to determine levels
 of concern. It is the Agency's policy to
 make maximum use of available acute
 toxicity data not only to identify
 chemicals for the list but also to serve as
 the basis for determining the levels of
 concern. This approach enables the
 Agency to develop levels of concern for
 all the chemicals on the list and to
 utilize this value as the toxicity ranking
 factor in establishing the TPQs.
   One commenter was concerned that
 interchangeable use of LC and LD data
 would result in similar threshold
 planning quantities for substances with
 differing potential for harm. As the
 threshold planning quantities are not a
 measure of absolute risk, but rather a
 trigger for facility reporting, the Agency
 will continue to use both LC and LD
 data. Further, these data an not used
 interchangeably, as factors are applied
 in estimating level of concern to take
 into account differences between LC
 and LD data.
  Three commenters expressed concern
 over the use of LCto and LDu, data
 when IDLH and LCw and LDw values
 are not available to estimate levels of
 concern. Specific comments addressed
 the length of LCu> exposure time, the
 need to adjust  the threshold planning
 quantities downward when LCu> and
 LDu> are used,  and the perceived
 inappropriateness of using such data.
The Agency recognizes that these values
are often derived from studies that vary
in quality. However, the Agency has
chosen to continue using the LCM and
LDto values in  order to calculate a level
of concern even when the data are
limited. Factors are applied in the
calculation  to take into account the fact
  that these values may be lower than
  LCto and LDso values.

  F. Threshold Planning Quantities

  1. Methods Used to Establish Threshold
  Planning Quantities

    Under section 302. if the Agency did
  not develop threshold planning
  quantities for each of the 402 substances
  on the list of extremely hazardous
  substances within 30 days after the date
 of enactment of Title III. then the
 threshold planning quantity would
 become two pounds. Interim final
 threshold planning quantities were
 published simultaneously with the
 publication of the list on November 17.
 1986. Any facility that has one or more
 of the chemicals on the list of extremely
 hazardous substances in quantities in
 excess of the threshold planning
 quantity must provide notification to the
 State emergency response commission
 by May 17.1967. Because of this, the
 Agency believes that the two-pound
 threshold planning quantity for all 402
 substances would overwhelm local
 emergency planning efforts and would
 not take into account differences in
 potential hazards posed by individual
 substances.
   The Agency considered four possible
 approaches for development of
 threshold planning quantities and
 invited public comments on each of
 them.
   Approach 1. Specific Quantity
 Prediction. Under this approach, the
 Agency would have determined the
 specific quantity of each chemical that.
 if accidentally released in a specified
 situation, would result in significant
 acute health effects at a fixed distance
 from the release site.
   Approach 2. Dispersion/Toxicity
 Ranking Method. Under this approach.
 the Agency assigned chemicals to
 threshold planning quantity categories
 based on an index that accounts for the
 toxicity and the potential to become
 airborne of each chemical in an
 accidental release. This approach is
 based on relative ranking and the
 assignment of each chemical  to one of a
 series of threshold  planning quantity
 categories, but does not give a measure
 of absolute risk.
  Approach 3. Toxicity Ranking
Method.
  Under this approach, the Agency
would have assigned categones of
threshold planning  quantities based
solely on a relative ranking of each
chemical's toxicity.
  Approach 4. Two Pound Quantity for
All Chemicals. Under this option, the
default quantity mandated by Congress

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  13390
Federal  Register / Vol. 52. No.  77 / Wednesday.  Apnl  22.  1987 / Rule9 and Regulations
  of two (2) pounds would have been
  used.
    a. Approach 2. After considerable
  analysis, the Agency chose to develop
  threshold planning quantities using
  Approach 2 with modifications as
  described below. Several commenters
  supported the use of Approach 2.
  although some did have a reservation
  concerning exclusion of hazards other
  than acute lethality. Some commenters
  criticized the assumptions made, for
  example that liquids should be assessed
  at their boiling points. Some commenters
  suggested that the threshold planning
  quantities should reflect the ability of
  the substance to be dispersed in air.
  Several commenters felt that  distance
  and storage conditions should be
  incorporated into the threshold planning
  quantity.calculation.
   Approach 2 provides a basis for
  relative measures of concern rather than
  absolute values, and the Agency
  continues to believe that such measures
  are appropriate for facility reporting for
  emergency response planning. Under
  Approach 2. the level of concern for
  each chemical is used as an index of
  toxicity. and physical state and
  volatility are used to assess its ability to
  become airborne. The two indices are
 combined to produce a ranking factor.
 Chemicals with a low-ranking factor
 (highest concern), based on the
 Agency's technical review, are assigned
 a quantity of one pound (see discussion
 in 2.b. below). It is believed that the one-
 pound quantity represents a reasonable
 lower limit for the most extremely
 hazardous substances on the list.
 Chemicals with the highest ranking
 factors,  indicating lower concern, were
 assigned a threshold planning quantity
 of 10.000 pounds. This ensures that any
 facility handling bulk quantities of any
 extremely hazardous substances would
 be required to notify the State
 commission. Between the limits of one
 pound and 10.000 pounds, chemicals
 were assigned to intermediate
 categories of 10.100.880or 1.000 pounds
 based on order of magnitude ranges in
 the ranking factors. The selection of the
 intermediate categories wm baaed on
 standard industrial coBtateer sizes
 between one and 10.000 pounds.
  The Agency believes that limited
 Slate and local resources should be
 focused on those substances that
 potentially will cause the greatest harm
 should an accidental release occur. The
 TPQs developed in Approach 2 meet the
 objective such that substances that are
 most likely to cause serious problems
(extremely toxic gases, solids likely to
be readily dispersed, or highly  volatile
liquids) have lower TPQs than those
                             that might be toxic but are not likely to
                             be released to the air (non-reactive, non-
                             powdered solids).
                               With respect to commenters who
                             believe that other hazards should be
                             considered, criteria presently are not
                             established to assess hazards other than
                             acute lethality. However. EPA intends to
                             develop such criteria in the future for
                             listing additional chemicals as
                             extremely hazardous substances. When
                             such criteria are available, the Agency
                             will assess their appropriateness for
                            consideration in calculating threshold
                            planning quantities of chemicals which
                            meet this criteria.
                              In response to comments concerning
                            the assumptions made in calculating
                            threshold planning quantities, many of
                            these assumptions were designed to be
                            conservative. Liquids, for example, were
                            examined for the degree of volatilization
                            expected from a spill at both 25 *C and
                            at the chemical's boiling point. Since
                            many of the extremely hazardous
                            substances may be handled at
                            temperatures greater than ambient, an
                            assessment of the degree of
                            volatilization at an elevated temperature
                            is appropriate. Therefore, the Agency
                            chose to evaluate the degree of
                            volatilization expected at the liquid's
                            boiling point for ranking against gases
                            and powdered solids. Aetna! site
                            conditions associated with the liquid
                            that influence the degree of
                            volatilization (such as spill area and
                            temperature) should be addressed
                           during community planning efforts.
                             With respect to comments on the
                           volatilization model used by the Agency.
                           this model was compared to other
                           available models to calculate the vapor
                           generation rate from a liquid spill. Some
                           of these models include factors that
                           account for wind and cooling associated
                           with evaporation. Results from the
                           model used by the Agency were of the
                           same order of magnitude and within the
                           range  predicted by the other models
                           tested. An order of magnitude change in
                           the ranking factor of a chemical is
                           required to change its threshold
                           planning quantity. Therefore, even
                           though the simple model used by the
                           Agency to estimate volatilization does
                           not account for wind or cooling effects
                           of evaporation, it is appropriate for
                           purposes of ranking the chemicals. The
                           Agency believes that Approach 2 does
                           account for the ability of an extremely
                           hazardous substance to disperse by
                           considering a substance's physical
                           properties. However, as discussed
                           below. Approach 2 has been modified to
                           better reflect the dispersibility of solids
                           by including particle size and whether
                           the solid might be handled in solution or
  molten form for calculating the threshold
  planning quantities. No modification has
  been made to account for the actual
  behavior of vapor or airborne particl.
  because of the wide degree of variation
  of site-specific conditions that could
  affect airborne dispersion. The source
  strength, meteorology and terrain must
  also be considered with distance to
  accurately account for the degree of
  dispersion.
   Finally.  EPA disagrees with
  commenters who felt that distance to
  vulnerable populations and storage
  conditions should be incorporated into
  TPQ calculation. The inclusion of
  distance to potential vulnerable
  populations in the threshold planning
  quantity calculation is inappropriate as
  site conditions vary greatly. It is
  therefore better to consider distance at
  the planning stage at the community
 level. A forthcoming technical guidance
 document which will supplement the
 NRT Hazardous Materials Planning
 Guide, will provide information on how
 this may be accomplished.
   The Agency has decided that the total
 amount of  a chemical present at a
 facility must be used for judging
 whether a  threshold planning quantity
 has been exceeded, regardless of
 distance between containers or the size
 of containers. Storage conditions are
 more appropriately addressed at the
 planning stage and will also be
 described in the aforementioned
 technical guidance document.
   b. Solids. Threshold planning
 quantities for solids were originally
 calculated under the assumption that
 they could be completely dispersed if in
 powdered form. Several commenters
 noted that the threshold planning
 quantities are not appropriate for non-
 powdered, non-reactive solids since
 they are not likely to become airborne.
 They argued that even powdered
 materials which may be dispersed as
 aerosols will rapidly fall out unless the
 particle size is very small and. thus, the
 threshold planning quantity should be
 set higher than 10.000 pounds for non-
 powdered, non-reactive solids.
  The Agency agrees that additional
 factors should be considered in
 establishing the threshold planning
 quantities for solids since solids can
 take many forms. Accordingly. EPA has
 modified Approach 2. so that the
 threshold planning quantity for each
solid now applies only if it is a powder
 with a particle size less than 100
microns, or  it is handled in solution or
molten form, or it has a National Fire
Protection Association rating of 2. 3 or 4
for reactivity. If the solid does not meet
these specific criteria, the threshold

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             Federal Regurter / Vol. 52. No. 77 / Wednesday.  April  22. 1987  /  Rules and Regulations
                                13391
  planning quantity will default to 10 000
  pounds, the highest TPQ level. The
  Agency has not raised the highest TPQ
  level above 10.000 pounds because it
  believes that any chmical present in
  this quantity or greater, which meets the
  Agency's criteria for an extremely
  hazardous substance, should be brought
  to the attention of the State commission
  and the local planning committee.
  irrespective of the physical form of the
  solid substance. This will enable
  planning officials to evaluate such solids
  and the facilities that handle them on a
  case-by-case basis.	
    Accordingly, the TPQ calculation for a
  solid applies only to the fraction of the
  total quantity of solid with a particle
  size less than 100 microns, or in molten
  form, or in solution. In addition, for
  solids in molten form, the amount
  molten at any time is multiplied by an
  adjustment factor of 0.3 to
  conservatively account for the maximum
  volatilization of the spilled molten
  substance that is likely to take place.
   Thus the quantity applicable to the
  threshold planning quantity calculation
  is the molten portion tines O3.
   c. Other Approaches. Two
  commenters discussed Approach l. One
 	iter considered that Approach 1
 	•— - —— • • — • »™«w^ •••••• ••j*|FBMtaAl A
 was more appropriate than Approach 2
 for calculating chemical-specific
 threshold planning quantities, jhe
 assumptions used in Approach invert.
 numerous and could lead to'highly - -
 variable results. It would be difficult to
 choose the appropriate release scenario
 for setting the threshold planning
 quantity from among the many release
 scenarios possible under Approach 1.
 For these reasons the Agency still
 considers Approach 2 to be the most
 appropriate for calculating threshold
 planning quantities.
  No comments were received on
 Approach 3. Commenters mtprnsead  •
 support for not allowing the threshold
 planning quantity to default to two
 pounds as proposed in Approach 4,

 2. Suggested Reassignmaots to Different
 Threshold Planning Quantities
  a. Threshold Plaaottq Quantity
 Adjustments. Ek*vea>oasBaMiUars
 suggested that a lofalof eight specific
 chemicals should haw* higher threshold
 planning quantities, and four suggested
 that twelve should have lower threshold
 planning quantities. In addition one
 commenter suggested that substances
 used in foods, food additives, color
additives, drugs, cosmetics or say
substance used in personal family or
household products should be raised to
5.000 pounds, and another suggested
that two pounds for pesticides is too
low.
    Two of the chemicals suggested for
  reassignment to higher threshold
  planning quantities are solids and would
  be subject to the conditions for solids as
  discussed above. The data used for
  calculating threshold planning quantities
  has been reviewed, and threshold
  planning quantities wen recalculated as
  appropriate. Threshold planning
  quantities were reassigned based upon
  new data received by EPA showing
  different physical properties or toxicity
  levels. The threshold planning quantity
  was reduced for 36 substances based on
  updated acute toxicity data. For the
  same reason. 12 g*"""icsls nave higher
  threshold planning quantities. These
  reaasignments are noted in the list and
  are discussed in the technical support
  documents available in the public
  docket.
   Some factors mentioned by
  commenters for consideration in
  lowering the assigned threshold
  planning quantities included vapor
  pressure and toxicity, both of which are
  included In the present calculation. In
 addition, commenters suggested
 reassignment based on reactivity. The
 Agency has considered reactivity on an
 individual basis. Several reactive
 chemicals were assigned threshold
 planning quantities lower than their
 calculated values following individual
-review. Reactivity Is also considered In
 determining whether the threshold
 planning quantity for solids which are
 notpowdered dissolved or liquefied
 should become 10400 pounds. For
 certain reactive solids, the threshold
 planning quantity does not increase to
 10.000 pounds even if the soHd is not in
 powdered form.
  b. Change in TPQ for Nickel
 Carbonyi. Several conunentere
 suggested that the "any quantity"
 threshold planning quantity for nickel
 carbonyi should not be used because of
 the level of detectability and compliance
 questions that may arise. Further, the
 "any quantity" level gives a misleading
 Impression of die actual hazard  of the
 substance as compared to other
 extremely hazardous substances.
  After review of the comments and
 evaluation of additional information on
nickel carbonyi the Agency has decided
to assign nickel carbonyi to a newly
established one-pound TPQ category
along wim two other chemicals with
similar ranking. The Agency conttmes
to recognize the higher toxicfty of nickel
carbonyi and the two other chemicals aa
compared to aU other substances on the
list by placing them in the lowest TPQ
category established by tins rule.
Further, the assignment of nickel
carbonyi to the one-pound category is
further supported by taking into
  consideration its relative instability in
  air. The reassignment will also eliminate
  any possible confusion with respecMr
  compliance.
    c. Relationship Between EPA's
  Threshold Planning Quantities and
  Other Similar Standards. One
  commenter took Issue with the TPQ
  values assigned to the chemicals.
  suggesting that communities would
  implicitly rank the chemical for hazard
  potential solely on the basis of the TPQ
  value and without regard to handling or
  transport considerations. EPA intends
  the TPQ values assigned to materials in
  the rule to apply to potential
  nonambient conditions as may occur at
  fixed facilities. It should  be noted that
  during transportation, the assumption of
  non-ambient conditions would not
  frequently apply and that many
  transported substances may meet
  existing hazard class definitions of DOT
  and therefore be currently subject to
  existing regulations contained in Title 49
  of the Code of Federal Regulations (49
  CFR). All SARA section 302 substances
  will be covered when listed under
  section 103 of CERCLA. Further
  elaboration of special considerations for
  chemicals in transit is covered by
  technical guidance documents published
  by DOT.
   Another commenter said that their
 State system differed In the threshold
 planning quantities set and suggests
 EPA adopt their system. This State i
 adopted storage thresholds of 56 gallons
 of any liquid. 200 cubic feet of any gas.
 and 500 pounds of any solid. These
 State-adopted storage thresholds
 provide virtually no distinction among.
 chemicals for differences in either
 toxicity or ability to become airborne.
 Additionally, no facility would be
 required to notify the State commission
 or the local planning committee unless
 the facility contained a minimum of
 approximately 500 pounds of any
 extremely hazardous substance. The
 Agency believes that these threshold
 quantities would not be sufficiently
 conservative for many chemicals and
 overly conservative for other chemicals.
 Therefore, the Agency believes that the
 threshold planning quantities published
 today are more appropriate since they
 take into account the relative toxicities
 of the extremely hazardous substances
 and their ability to become airborne. As
 a result the TPQs range from one pound
 to 10.000 pounds and trigger reporting in
 s manner that is more consistent with
 the potential hazards these chemicals
 are likely to pose.
  d Relationship Between RQ Values
and TPQ Value*. Several  commenters
expressed concern that a number of

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    13392     Federal Register /  Vol.
    substances on the extremely hazardous
    substances list had RQ levels under
    CERCLA that exceeded the TPQ values
    and therefore emergency planning
    would be required for quantities of
    chemicals that would not require
    notification under th« RQ reporting
    rules. In the interim final rule, the
    Agency acknowledged these
    inconsistencies and agrees with
    commenters who argued that the TPQ
    should not be lower than the RQ for the
   same substance.
     In response to these concerns, the
   Agency has taken several actions. First.
   in a separate rulemaking under CERCLA
   section 102. the Agency has already
   proposed lowering the RQ values of
   seven of these chemicals. Second, as
   discussed elsewhere in this rule.
   changes in the TPQ quantitative
   categories and the reassignment of TPQ
   values based on reevaluation of the
   toxicity data has resulted in elimination
  of inconsistencies for seven other
  chemicals. Third, seven of the
  substances are solids which have been
  assigned TPQ values of 10.000 pounds
  unless they meet special conditions
  regarding physical form or chemical
  properties. Solids in solution, in molten
  form, of a particle size of 100 microns or
  less,  or of a highly reactive nature revert
  to the lower TPQ values. Fourth, the
  Agency is currently reviewing additional
  information on five other  chemicals and
  plans to propose revisions of their RQ
  values based on this new information.
  Finally. EPA intends to resolve the two
  remaining inconsistencies by adjusting
  the RQs of the substances as part of a
  proposed rule later this year. In that
  rulemaking. EPA will designate the
  remaining extremely hazardous
  substances as CERCLA hazardous
  substances under CERCLA Section 102
 and revise the one pound statutory RQs
 for the extremely hazardous substances.

 3. Threshold Planning Quantities for
 Mixtures. Solutions, or Formulations.
   The interim final rule included a one
 percent de minimis limit of the
 extremely hazardous sobetances in
 mixtures, solutions, or formulations for
 purposes of determlnssMquentities
 applicable to the threeMs) phoning
 quantities.
   A number of commenters supported
 the idea of a percentage limit for
 calculating threshold planning
 quantities, and moat of these supported
 the one percent mixture decision.
 Certain commenters thought that the one
 percent minimum level should be raised
 or that specific test results should be
 used or that the DOT methodology for
the applicable concentration for
reportable quantities be used. (50 FR
    .....  . j L  '"""i- «•»« cummenier
    suggested that the one percent level
    employed by Occupational Safety and
    Health Administration (OSHA) for
    carcinogens should be included.
     The concentration of a chemical in a
    mixture that is associated with a
    potential hazard depends upon the type
    of toxicity concern. The commenters. for
   example, refer to OSHA's use of a level
   of 0.1 percent as a concern cut-off level
   for a carcinogen in a mixture. Regarding
   the acute toxicity concerns of the     *
   extremely hazardous substances listed
   in this rule, however. EPA believes that
   tne release of an amount equal to the
   threshold planning quantity of the
   substance at concentrations of less than
   one percent is not likely to give rise to a
   concentration equal to the level of
   concern off-site. Therefore, the Agency
   believes that the one percent de minimis
  rule is appropriate for purposes of
  emergency planning.
    Alloys, amalgams, or polymers are not
  considered mixtures for the purpose of
  this rule because unlike simple mixtures,
  their properties are demonstrably
  afferent from those of their components:
  the reporting of alloys and amalgams is
  not required unless they are specifically
  listed. In evaluating whether to notify
  for mixtures, facility owners or
  operators should compare the
  appropriate  threshold planning quantity
  with the actual amount of the extremely
  hazardous substance present in the
  mixture. For example. If the TPQ
  threshold for a given chemical on the list
  is 100 pounds and that chemical is 20
 percent by weight of a mixture,
 notification would be necessary if 500
 pounds or more of that mixture is
 present at a facility.
   When considering potential hazards
 specifically from airborne releases it is
 unlikely, even assuming large releases
 of a mixture, that concentrations of less
 than one percent will generate severe
 airborne exposure levels of the toxic
 component off-site. Conversely, it is not
 deemed to be a precedent to raise the
 TPQ determination limit of any
 extremely hazardous substance in a
 mixture to a level greater than one
 percent Therefore, the Agency has
 decided to retain the one percent
 minimum for the evaluation of all
 mixtures, solutions, or formulations
 containing extremely hazardous
 substances for section 302 planning
 purposes.
  For emergency release notification.
 there is no de minimis quantity under
either CERCLA section 103 or SARA
section 304. When determining if
notification is required for a release of
mixtures and solutions containing
                  ou« »«bstances or
           u      nces. the Agency
   applies the weigh, percent calculation.
   "'• 'llwtwied above for SARA
   302 calculations. [The "mixn
   ^C^Sj^i-further
   m SO FR 13483 (April 14.1985). where the
   regulation for mixtures and solutions is
   outlined in CERCLA rulemaking
   pertaining to RQ release reporting.)

   G. Reportable Quantities

     Several commenters questioned the
   reportable quantities set either under
   the one pound level established under
   section 304 of SARA or levels set under
   SfCH°n 1(«°f CERCLA. The one pound
   statutory RQs under SARA section 304
   are for those substances not already
   listed  as CERCLA "hazardous
   substances" under section 101(14) and
  subject to notification requirements
  under section 103. The extremely
  hazardous substances which are not
  CERCLA hazardous substances will be
  designated under CERCLA section 102
  as part of • rulemaking later this year at
  which time the statutory RQs will also
  be adjusted. Comments concerning RQs
  f« CERCLA notification under section
  103 will be considered and addressed in
  the ongoing CERCLA rulemakings to
  adjust  RQs.

  H. Miscellaneous

  i. Trade Secret/Confidentiality Issues
   Several commenters raised questions
 and concerns regarding trade secret
 information. With regard to section 304
 notification and chemical identity of an
 extremely hazardous substance, one
 commenter wants to provide the same
 information that he/she has provided on
 the MSDS. However. EPA believes that
 the actual chemical name must be given
 along with the trade name in the section
 304 release notification. This specific
 chemical name will be of use to the
 health professional while the trade
 name may not be of such use. In any
 case, section 304 emergency notification
 is not subject to Title ill trade secret
 protection.
  One commenter indicated that EPA
 should define a trade secret more
 clearly and provide for the protection of
 such secrets when they are necessary in
 the contingency plan. EPA agrees. Trade
 secret regulations regarding trade secret
 claims and other confidentiality issues
 will be issued by EPA in the future.
These regulations will provide that
specific chemical identity may be
claimed confidential at the time of the
contingency planning. The chemical
identity must be submitted to EPA along
with a substantiation explaining why

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           Federal  Register  /  Vol.  52. No.  77 / Wednesday. April 22. 1987 / Rules  and Regulations      13383
the chemical identity ia trade secret.
These procedures will be more fully
explained in the future trade secret
regulations.
  One commenter stated that
regulations are necessary for the
determination of the validity of the local
planning committee request for
information which a facility believes is
confidential before EPA issues a
compliance order. EPA believes that
questions concerning the validity of
local requests are largely to be handled
at die State and local level except for
claims of trade secrets concerning
specific chemical identity. Trade secrets
regulations will be issued later this year.
The Agency does not believe further
regulation is necessary in this area.
  One commenter believes that the
guidance documents should discourage
the collection by localities of
confidential information and should
specify when confidential information is
justified Another commenter believes
that EPA should more carefully define
"emergency response plan" to exclude
confidential information given to the
local committee as background material.
Section 322 ia quite specific about what
information collected under Title ID can
be withheld as confidential Under Title
IIL only the specific chemical identity
can be withheld, in accordance with the
procedures set forth under section 322.
Because no confidentiality issues other
than those to be addressed in the
forthcoming section 322 regulations an
relevant under Tide m. EPA does not
believe further guidance is necessary at
this time.

ii. Enforcement
  One commenter believes that EPA
should issue procedures for the issuance
of compliance orders. EPA agrees that
such procedures should be developed in
the future. The Agency will develop
such procedures either by regulation or
guidance and may adopt procedures for
the issuance of such orders that have
been developed under other
environmental lawe»~
  One commentarsteied that although
he believes that nsjtfBcBtion to
emergency persons* of rafoasm mat
endanger the healaVef eonommity
residents Is naeeseaiy. EPA is net
authorized to penanxe the failure to
notify with civil end criminal penalties.
He also wrote that this requirement to
notify is currently accomplished on a
voluntary basis, as recommended by die
Chemical Manufacturer's Association.
With respect to EPA's authority to
assess penalties or seek criminal  and
civil penalties for owners' or operators'
failure to notify under section 304. EPA
disagrees. Section 32S(b) provides for
civil, administrative and criminal
penalties for enforcement of emergency
notification requirements under section
304.
  Another commenter felt that since
section 304 imposes penalties for failure
to "immediately" notify State and local
authorities of a release of an extremely
hazardous substance, it is Implicit that
this assumes "Immediately after the
releaser becomes aware" of the
existence of a release. EPA agrees that a
knowledge requirement is implicit under
section 304. However, if the facility
owner/operator should have known of
the release, then the fact that he or she
was unaware of the release will not
relieve the owner/operator from the
duty to provide release notification. EPA
believes no change is needed in the
regulatory language.

V. Relationship to CERCLA
A. Relationship of Title 111 to  The
National Contingency Plan
  Although Title m ia a free-standing
Title within SARA, it is closely related
to preparation and response activities
under CERCLA.
  For that reason, the interim final rule
was placed in a new Subpart I within
the existing National Oil and Hazardous
Substances Pollution ^*"***pffT>1ffy Plan
(NCP) (40 CFR 300). However, due to
differences In authority, trade secret
protection and key definitions, and
because of the need for simplicity and
accessibility for a wide range of users,
EPA has recodified the November 17.
1986 provisions. Today's final rule
republishes the emergency planning and
notification requirements, aa part of 40
CFR 355. All of the Title m provisions
will now be located apart from the NCP
in Parts 355 at seq. of Title 40 of the
Code of Federal Regulations.
B. Relatioiwhip of Thit Rah to CERCLA
Section 108 Reporting Requirement*
  Under section 103 of CERCLA. any
person in charge of a facility at which
there is a release of a hazardous
substance, as denned in CERCLA
section 101(14), equal to or in excess of
its reportabie  quantity must report
immediately to the National Response
Center. The National Response Center
will then alert the appropriate federal
emergency response personnel of the
release. This notification includes
transportation incidents and releases
from vessels as well as fixed-facility
emergencies.
  The notification to the State
emergency response commission under
section 302 Is  not triggered by a release
incident but rather by the presence of
certain quantities of an extremely
 hazardous substance at a facility. No
 release or event of any kind is required
 for a section 302 report. This notifSc**-""
 is an initial action in a process tha
 culminates in the development of
 community emergency response plans.
 Section 304 in contrast establishes
 reporting requirements similar to
 CERCLA section 103 release reporting.
 However, instead of requiring
 notification only to the National
 Response Center for CERCLA
 substances when certain quantities of
 these chemicals are released, facilities
 must under section 304 also notify State
 and local emergency response officials
 of these releases, and of releases of
 extremely hazardous substances which
 have not been designated as CERCLA
 hazardous substances. Note that the
 reporting requirements under section 304
 are in addition to. not in replacement of.
 notification to the National Response
 Center under CERCLA section 103.

 VL Effective Dates

   As indicated in the opening section of
 this preamble, this rule is effective on
 May 17.1987 for purposes of facility
 planning notification and 30 days after
 publication for release notification
 requirements. (Local release
 notifications, however, do not need to
 be made until August 17,1987 or when
 the local committees are established
 earlier.)
   EPA established a May 17.1987
 effective date for the facility planning
 notifications under 1355.30. rather than
 providing 30 days between publication
 and effective data as required under
 section 553(d) of the Administrative
 Procedure Act (APA) because section
 302 of SARA requires notification to be
 made by May 17. The primary purpose
 of the revised final ruleis to finalize the
 list of substances and TPQs that trigger
 the May 17 notification. In order for all
 faculties affected by these requirements
 to be certain of whether or not they must
 provide the statutory notification by the
 date on which such notification must be
 made. EPA has made the effective date
 of the rule coincident with the statutory
 date, even if this rule is published less
 than 30 days in advance of mat data, aa
 would otherwise be required by section
 553(d). EPA believes that the confusion
 generated by a later effective date
 constitutes "good cause" for suspension
 of the 30 day requirement as provided
 under section 553(d)(3) of the APA.

VTL Regulatory Analyses

A. Regulatory Impact Analym

  Executive Order 12291 requires each
 federal agency to determine if a

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13394      Federal RegisterJJ^S^No. 77 / Wednesday. April 22.  1987 / Rules and Regulations
regulation is a "major" rule as defined
by the order and to prepare and
consider a Regulatory Impact Analysis
(RIA) in connection with every major
rule. Under E.0.12291. a "major" rule is
one that is likely to result in (1) an
annual adverse (coat) effect in the
economy of SlOO million. (2) a major
increase in costs or prices for
consumers, individual industries.
federal. State, or local government or
geographical regions, or (3)  significant
adverse effects on competition.
employment investment productivity.
innovation, or the ability of United
States based enterprises in domestic or
export markets. The Agency has
decided that, although the changes
represented in this revised final rule are
minor relative to the interim final rule.
these two rules should be considered
together as a "major" rule for the
purposes of E.0.12291. This decision is
based on the fact that the interim final
and revised final are essentially a single
rulemaking effort under section 302(a)(3)
of SARA and that EPA was  unable to
prepare a  regulatory impact analysis for
the interim final rule, aa explained in
more detail below.
  Today's rule ia a revision of the
interim final rule published November
17.1986. Because of the short time frame
for development of that rule (30 days
from enactment of SARA). EPA was
unable to conduct a regulatory analysis
pnor to publication of that final rule.
However,  in the interim final rule, EPA
stated that such analysis would be
completed as part of the revised final
rule published today. Accordingly. EPA
has prepared an RIA to assess the
economic  impact of the statutory and
regulatory requirements codified in the
interim final rule on the regulated
community (i.e.. facilities manufacturing.
processing, using or storing one or more
extremely hazardous substances in
excess of the threshold planning
quantity), as well aa State and local
government entities. The costs
summarized here en presented in detail
in the Regulatory Impact Analysis in
Support of RuJemaUag Under Sections
302. 303. and304oft6uSuperfund
Amendments and Rmmthorization Act
of 1986. This document is available in
the public docket for this rulemaking.
The revised final rule published today
has just minor revisions resulting in
small incremental costs from the interim
final rule and thus  the RIA is applicable
to both rules.
  The costs associated with the interim
final regulation result directly from the
requirements spelled out by Congress in
sections 302. 303. and 304 of SARA.
Congress explicitly mandated, among
 other things, the setting up of State
 emergency response commissions and
 local emergency planning committees.
 the development of emergency response
 plans, the naming of facility
 coordinators, and the reporting of
 certain releases of extremely hazardous
 substances. The regulatory option
 chosen by EPA reduced to some extent
 the statutory reporting burden on the
 regulated community and the
 administrative burden on State and
 local governments by adopting many
 threshold planning quantities above the
 statutory default level of two pounds
 and by clarifying the statutory
 requirements.
  For the chosen regulatory approach.
 total regulated community costs
 attributable to sections 302 and 303 are
 expected to be primarily one-time costs.
 because they deal with statute and rule
 familiarization, and compliance
 determination. Section 302 costs consist
 of an initial notification to the State
 emergency response commission, and
 the development of tracking systems for
 extremely hazardous substances. Most
of these types of costs are reasonably
expected to occur in the first year (1987)
 that the statute requirements an in
effect Under section 303. facilities must
designate an emergency response
coordinator and engage in ongoing
activities related to emergency planning
and response. Under section 304.
facilities must report certain releases of
extremely hazardous substances to
various government entities.
  A total of 5.8 million facilities will
need to become familiar with the
statutory and regulatory requirements
and make a compliance determination
because they may use or store chemicals
that are on the extremely hazardous
substances list. Of these. 1.5 million are
expected to have at least one extremely
hazardous substance in excess of the
statutory two pound threshold planning
quantity.
  Costa for statute and rule
familiarization to facilities for sections
302 and 304 are expected to total S353
million in 1987. Section 302 baseline
costs (in the absence of EPA's revised
 threshold planning quantities) are
estimated to be S375 million for
 facilities, for a total cost of $728 million
 in 1987 (1988 dollars).
  Costs for emergency planning
 activities (Section 303) by facilities are
 expected to be incurred primarily in
 1988 at a total of S418 million, assuming
 that no planning of this type has
 occurred. Therefore this is an upper
 bound estimate for the particular
 activities costed. Emergency release
 notification costs (Section 304) are
 estimated to be S81 million for facilities
 in the first two years.
  The Agency currently estimates that
 by increasing the TPQs on most of the
 extremely hazardous substances from
 the statutory level of two pounds.
 facilities will realize a  reduction in
 burden of S70 million from the statutory
 requirements to the interim final rule
 because those facilities with small
 quantities of substances will not have to
 notify authorities and participate in
 emergency planning. The methodology
 used for this analysis did not allow for a
 detailed comparison to be  made
 between the interim final and revised
 final rules. However, the minor revisions
 made by today's final rule  should result
 in only small incremental costs from the
 interim final rule.
  EPA believes that the approach
 adopted in the interim final rule and
 revised final rule will benefit the
 regulated community. State and local
 governments, and the general publrc. By
 raising the threshold planning quantities
 over the two-pound statutory level for
 each substance, the Agency has reduced
 the reporting burden for the regulated
community and government entities
without significantly increasing the nsk
 to the general public. The adored
 approach will facility-raj"   ,-gr-f  *
 priorities of potentei& jafrsi v•: ?r*,'
 on the part of facii* ;u\?4& : -
 emergency planning uum.v
 priontization is an essentid.    - ponent
 of emergency response planning.
  Government costs imposed by the
 statutory requirements  under the
 emergency planning provisions of Title
 III include costs bome by State
 emergency response commissions and
 local emergency planning committees.
This analysis does not attempt  to
 analyze the Section 301 cost of
establishing State emergency response
 commissions and local  emergency
 planning committees. Instead, those
 costs associated with the statutory
 requirements for receipt of information
 and planning are estimated even though
 they do not appear in the final rule. For
 local emergency planning committees.
 the major costs, like those  for facilities.
 will occur in 1987 and 1988. The costs
for local planning committees include
statute and rule familiarization  under
section 302 and the preparation of a
local emergency plan under section 303.
These costs for local emergency
planning committees total $80 million.
 Major coats for State emergency
 response commissions include the
 receipt and distribution of  facility
 notifications, and the review of local
 emergency plans. These costs estimated
 for Slate commissions total SI a million

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            Federal  Register / Vol. 52. No. 77 / Wednesday. April 22. 1987  /  Rules and Reml,tlnn,
 in 1987 and 1988. Both the State and
 local authorities will design data
 systems for the storage of release
 information under section 304. The
 initial startup and ongoing costs for
 receiving and storing data related to
 emergency release notifications are
 expected to be $27 million in 1987 and
 1938 for both the State and local
 authorities. Continuing costs for both
 State and local governments include:
 reviewing and storing information under
 sections 302 and 304. and the updating
 and review of emergency plans under
 section 303. However, the Agency does
 not have enough data or judgment to
 estimate these ongoing costs for sections
 302 and 303.

 B. Regulatory Flexibility Analysis

   The Regulatory Flexibility Act of 1980
 requires that an analysis be performed
 for all rules that are likely to have a
 "significant impact on a substantial
 number of small entities". EPA has
 performed a preliminary small business
 analysis. The small business definition
 used for the analysis is any facility with
 ten or less employees. Based on this
 analysis. I hereby certify that this
 regulation will not have a significant
 impact on a substantial number of small
 entities.

 C. Paperwork Reduction Act

   The reporting and notification
 requirements contained in this rule have
 been approved by the Office of
 Management and Budget (OMB) under
 the provisions of the Paperwork
 Reduction Act of 1980.44 U.S.C. 35501.
 et seq. and have been assigned OMB
 control number 2050-0046.

 VIII. Supporting Information
 List of Subjects 40 CFR Parts 300 and 358

  Chemicals, hazardous substances,
 extremely hazardous substances.
 intergovernmental relations, community
 right-to-know. Superfond Amendments
 and Reauthorization Act air pollution
 control, chemical •f'HtHt prevention,
 chemical emergency preparedness,
 threshold planning Quantity, reportable
 quantity, community emergency
 response plan, contingency planning.
 reporting and recordkeeplng
 requirements.
  Dated- April 17.1887.
 LM M. Thomas.
Administrator.

  For the reasons set out in the
Preamble. Title 40 of the Code of Federal
Regulations is amended as follows:
  1. The title of Subchapter) of Title 40
is revised to read as follows:
 SUBCHAPTER J-SUPERFUND,
 EMERGENCY PLANNING, AND COMMUNITY
 RIGHT-TO-KNOW PROGRAMS

 PART 300-NATIONAL OIL AND
 HAZARDOUS SUBSTANCES
 POLLUTION CONTINGENCY PLAN

   2. The authority citation for Part 300 is
 revised to read as follows:
   Authority: Sec. 105. Pub. L 98-510.94 StaL
 2764.42 U.S.C 9505 and Sec. 311(c)(2). Pub. L
 92-500. as emended. 88 Stal. BBS. 33 U.S.C
 1321(c)(2): E.O.12316. 46 PR 42237 (August 20,
 1981): E.0.11735. 38 FR 21243 (August 1973).

 §§300.91-300,98   (Subpert I) [Removed]
   3. Part 300 is amended by removing
 Subpart 1 consisting of 88 300.91 through
 300.95.

 Appendices 0 and E (Removed)

   4. Part 300 Appendices 0 and E are
 removed.
   5. Subchapter I of Title 40 of the Code
 of Federal Regulations is amended by
 adding a new Part 355 to read as
 follows:

 PART 355-EMEROENCY PLANNING
 AND NOTIFICATION

 Sw.
 355.10  Purpose
 355.20  Definitions
 355.30  Emergency planning
 355.40  Emergency release notification
 355.50  Penalties
 Appendix A—The List of Extremely
 Hazardous Substances, and their Threshold
 Planning Quantities (Alphabetical Order)
 Appendix B—The List of Extremely
 Hazardous Substances and their Threshold
 Planning Quantities (CAS Number Order)
  Authority: Sections 302. 303. 304.325. 328
 and 329 of the Emergency Planning and
 Community Rlght-to-Know Act of 1986. Pub.
 L 90-199.100 Slat 1813.42 U.SC 111002.
 11003.11004.11025.11028. and 11029 (1988).
1358.10
  This regulation establishes the list of
extremely hazardous substances,
threshold planning quantities, and
facility notification responsibilities
necessary for the development and
implementation of State and local
emergency response plans.
I38&20
  Act means the Superfund
Amendments and Reauthorization Act
of 1986.
  CERCLA means the Comprehensive
Emergency Response. Compensation
and Liability Act of 1980. as amended.
  CERCLA Hazardous Substance means
a substance on the list defined in
Section 101(14) of CERCLA.
  Note*—Listed CERCLA hazardous
substances appear In Table 302.4 of 40 CFR
Part 302.
    Commission means the emergency
  response commission, or the Governor if
  there is no commission, for the Slat**'
  which the facility is located.
    Environment includes water, air
  land and the interrelationship which
  exists among and between water, air.
  and land and all living things.
   Extremely Hazardous Substance
 means a substance listed in  Appendices
 A and B of this Part
   Facility means all buildings,
 equipment structures, and other
 stationary items which are located on a
 single site or on contiguous or adjacent
 sites and which are owned or operated
 by the same person (or by any person
 which controls, is controlled by. or
 under common control with,  such
 person). For purposes of emergency
 release notification, the term includes
 motor vehicles, rolling stock, and
 aircraft
   Hazardous Chemical means any
 hazardous chemical as defined under
 i 1910.1200(c) of Title 29 of the Code of
 Federal Regulations, except that such
 term does not include the following
 substances:
   (1) Aay food, food additive, color
 additive, drug, or cosmetic regulated by
 the Food and Drug Administration.
   (2) Any substance present  as a solid
 in any manufactured item to  the extent
 exposure to the substance does not
 occur under normal conditions of us<
   (3) Any substance to the extent it i
 used for personal family, or household
 purposes, or is present in the same form
 and concentration as a product
 packaged for distribution and use by the
 general public.
   (4) Any substance to the extent it is
 used in a research laboratory or a
 hospital or other medical facility under
 the direct supervision of a technically
 qualified individual
   (5) Any substance to the extent it is
 used in routine agricultural operations
 or is a fertilizer held for sale  by a
 retailer to the ultimate customer.
  Mixture means a heterogenous
 association of substances where the
 various individual substances retain
 their identities and can usually be
 separated by mechanical means.
 Includes solutions or compounds but
 does not include alloys or amalgams.
  Person means any individual, trust
 firm, joint stock company, corporation
 (including a government corporation).
partnership, association. State.
municipality, commission, political
subdivision of a State, or interstate
body.
  Release means any spilling, leaking.
pumping, pouring, emitting, emptying.
discharging. Infecting, escaping.

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  13396
FederaJ  Register / Vol.  52. No.  77'/ Wednesday.  Apnl  22. 1987 /  Ru|M an.  .-...--I.
  leaching, dumping, or disposing into the
  environment (including the
  abandonment or discarding of barrels
  containers, and other closed
  receptacles) of any hazardous chemical.
  extremely hazardous substance, or
  CERCLA hazardous substance.
  _/Jfj£frtoW» Quantity means, for any
  CERCLA hazardous substance, the
  reportable quantity established in Table
  302.4 of 40 CFR Part  302. for such
  substance, for any other substance, the
  reportable quantity is one pound.
    Threshold Planning Quantity means.
  for a substance listed in Appendices A
  and B. the quantity listed in the column
   threshold planning quantity" for that
  substance.

  §3SSJO  Emergencypfenning.
    (a) Applicability. The requirements of
  this section apply to any facility at
  which there is present an amount of any
  extremely hazardous substance equal to
  or in excess of its threshold planning
  quantity, or designated, after public
  notice and opportunity for comment by
  the Commission or the Governor for the
 State in which the facility is located. For
 purposes of this section, an "amount of
 any extremely hazardous substance"
 means the total amount of an extremely
 hazardous substance present at any one
 time at a facility at concentrations
 greater than one percent by weight
 regardless of location, number of
 containers, or method of storage.
   (b) Emergency planning notification.
 The owner or operator of a facility
 subject to this section shall provide
 notification to the Commission that it is
 a facility subject to the emergency
 planning requirements of this Part Such
 notification shall be provided: on or
 before May 17.1987 or within sixty days
 after a facility first becomes subject to
 the requirements of this section.
 whichever is later.
   (c) Facility emergency coordinator.
 The owner or operator of a facility
 subject to this section shall designate a
 facility representative who will
 participate in the local esurgency
 planning process as • facility emergency
 response coordinate Tfce owner or
 operator shall notify thai local
 emergency planning oooBittM (or the
 Governor if there is oa committee) of the
 facility representative on or before
 September 17.1987 or 30 days after
 establishment of a local emergency
 planning committee, whichever is
 earlier.
  (d) Provision of information. (1) The
owner or operator of a facility subject to
this section shall inform  the local
emergency planning committee of any
changes occurring at the facility which
nay be relevant to emergency planning.
                              (2) Upon request of the local
                            emergency planning committee, the
                            owner or operator of a facility subject to
                            this section shall promptly provide to
                            the committee any information
                            necessary for development or
                            implementation of the local emergency
                            plan.
                              (e) Calculation of TPQs for solids and
                            mixtures. (1) If a container or storage
                            vessel holds a mixture or solution of an
                            extremely hazardous substance, then
                            the concentration of extremely
                            hazardous substance, in weight percent
                            (greater than 1%). shall be multiplied by
                            the mass (in pounds) in the vessel to
                            determine the actual quantity of
                            extremely hazardous substance therein.
                              (2)(i) Extremely hazardous substances
                            that are solids are subject to either of
                            two threshold planning quantities as
                            shown on Appendices A and B (i.e.. 500/
                            10.000 pounds). The lower quantity
                            applies only if the solid exists in
                            powdered form and has a particle size
                            less than 100 microns; or is handled in
                            solution or in molten form: or meets the
                            criteria for a National Fire Protection
                            Association (NFPA) rating of 2. 3 or 4 for
                            reactivity. If the solid does not meet any
                            of these criteria, it is subject to  the
                            upper (10.000 pound) threshold planning
                            quantity as shown in Appendices A and
                            B.
                             (ii) The 100 micron level may be
                            determined by multiplying the weight
                            percent of solid with a particle size less
                            than 100 microns in a particular
                           container by the quantity of solid in the
                           container.
                             (iii) The amount of solid In solution
                           may be determined by multiplying the
                           weight percent of solid in the solution in
                           a particular container by the quantity of
                           solution in the container.
                             (iv) The amount of solid in molten
                           form must be multipled by 0.3 to
                           determine whether the lower threshold
                           planning quantity is met
                           (Approved by the Office of Managenmt and
                           Budget oadar the control number 2080-0046)

                           §3S&40 Einef«eneyrstaMiMMMeMe
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            Federal  Register / Vol. 52. No.  77 / Wednesday.  Apnl  22.  1987 / Ruie,  and RegulatioH.
   (ii) Any known or anticipated acute or
 chronic health risks associated with the
 release, and.
   (lii) Where appropriate, advice
 regarding medical attention necessary
 for exposed individuals.
'   (4) Exceptions, (i) Until Apnl 30.1988.
 in lieu of the notice specified in
 paragraph (b)(2) of this section, any
 owner or operator of a facility subject to
 this section from which there is a
 release of a CERCLA hazardous
 substance which is not an extremely
 hazardous substance and has a
 statutory reportable quantity may
 provide the same notice required under
 CERCLA section 103(a) to  the local
 emergency planning committee.
   (ii) An owner or operator of a facility
 from which there is a transportation-
 related release may meet the
 requirements of this section by
 providing the information indicated in
 paragraph (b)(2) to the 911 operator, or
 in the absence of a 911 emergency
 telephone number, to the operator. For
 purposes of this paragraph, a
 "transportation-related release" means
 a release during transportation, or
 storage incident to transportation if the
 stored substance is moving under active
 shipping papers and has not reached the
 ultimate consignee.
 (Approved by the Office of Management and
 Budget under the control number 2090-0046)
 83S5JO  PtnattlML
  (a) Civil penalties. Any person who
 fails to comply with the requirements of
 9 355.40 shall be subject to civil
 penalties of up to $25.000 for each
 violation in accordance with section
 325(b)(l)oftheAct
  (b) Civilpenalties for continuing
 violations. Any person who fails to
comply with the requirements of
 5 355.40 shall be subject to civil
 penalties of up to $25.000 for each day
 during which the violation continues
 accordance with section 325(bH2) o
 Act. In the case of a second or
 subsequent violation, any such person
 may be subject to civil penalties of up to
 $75.000 for each day the violation
 continues, in accordance with section
 325(b)(2)oftheAct.
  (c) Criminal penalties. Any person
 who knowingly and willfully fails to
 provide notice in accordance with
 S 355.40 shall upon conviction, be fined
 not more than $25.000 or impnsoned for
 not more than two (2) years, or both (or.
 in the case of a second or subsequent
conviction, shall be fined not more than
$50,000 or impnsoned for not more than
five (5) yean, or both) in accordance
with section 325(b)(4) of the Act
         APPEND.X A.-THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOU) PLANNING OuANtmES
                                                 [Alphabetical Order]
CAS No.
75-86-5
1752-30-3
107-02-6
79-06-1
107-13-1
814-6S-6
111-69-3
116-06-3
309-00-2
107-18-6
107-11-9
20859-73-8
54-62-6
78-53-5
3734-97-2
7664-41-7
16919-58-7
300-62-9
62-53-3
88-05-1
7783-70-2
1397-94-0
86-88-4
1 tni_9O_9
1327-53-3
7784-34-1
7784-42-1
2642-71-9
86-50-0
1405-87-4
98-87-3
JW-lG—O
100-14-1
98-05-5
98-09-9
3615-21-2

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APPENO.X A.-TH6 UST OF EXTREMELY HAZARDOUS SUBSTANCES AMD THE.R THRESHOLD



                                            [Alphabetical Oder]
CAS No.
•^— ^—
15271-41-7
534-07-6
4044-65-9
10294-34-5
7637-07-2
353-42-4
28772-56-7
7726-95-6
106-99-0
109-19-3
111-34-2
1308-19-0
2223-93-0
7778-44-1
8001-35-2
56-25-7
51-63-2
26419-73-6
1563-66-2
75-15-0
2244-16-6
57-74-9
470-90-6
7782-50-5
24934-91-6
999-61-5
1ft? 9fl_A
79-11-6
107-07-3
627-11-2
67-66-3
542-68-1
107-30-2
3691-35-6
1982-47-4
10025-73-7
7440-48-4
62207-76-6
10210-68-1
AJ AA a
117-52-2
5636-29-3
95-48-7
535-69-7
4170-30-3
123-73-9
508-68-3
506-78-6
675-14-9
66-61-9
108-91-8
633-03-4
17702-41-9
S08S-46-3
10311-64-9
19287-45-7
84-74-2
8023-53-8
111-44-4
Gwmealname
Bcycto(ZilJH«piane-2-CarDonrtnle. 5Oiloro4^(((Metnylainno)CarbonyOOxy)lmino)..
OS-<1 -alpha. 2-beta, 4-aipha. 5-alpha. 6E)X
Bis(ChloromethyO Ketone 	 	 __ 	 	
Brtoscanata 	 	 	 ._ 	 	 	
Soron Trichloride ....... ..... .. —
Boron Tnfluonde. 	 _
Boron Tnfluonde Compound with Methyl Ether (1:1) 	
BrafmdJolorm
Bromine 	 	 	 _ . ""'" 	
Butadiene 	 	 	 ""
Butyl Isovalerate. 	 	 	 	 	 °~ ' 	
Butyl Vinyl Ether 	 '"" 	 """" 	 —
Cadmium 0»da 	 	 	 "" —
CadmRim Stearate " "™" 	 " 	
Caloum Arsenate 	 	 _. '
Canthartdln 	 °*~
Carbaehol Chloride 	 	 _
CaroamicACrt. Methyl-. o-<((2.4K*netnyl-l. 3Othiolaiv2-yl)Methy)ene)Ainjno)l-__Zl
Cartoon Oiauffide 	 . 	 ""

CMytfiPt 	 	 	 _ 	 	 ¥ii
Cniortenvmfoa^^... 	 ... 	 .. 	 	

Chiormeouat Chloride 	 	 ._ 	 	
CMoroacette Aod 	 _. . 	 	

CniQfO^ffyi ChlBHBiborane 	 	 ' " '
>butyl Phthalata 	 	
acniorooenzalkonum CMonde 	 	 _.
Sfchkjroethyl Ether 	 ,,..„..,,., 	
Notes
e




V. 1
•V •
• «
e
e.e
d
d

e
1
e
• m

-

e
•.h



dl
d.h
e. d
e
e
e.h
0


•.h
«.h
a.e






e



• A





^
d
R«portaMt
quantity*
(pounds)
i








1.000


1ft
100
1


10

1.000


soon







10
i om

tort
lAfl
i aao









10


Threshold
planrang quanttty
(pounds)
— — — • -— ^-^— —
500/10.000
10/10.000
500/10.000
500
500
1.000
100/10.000
500
10.000
IOMM
100/10.000
1.000/10.000
500/10.000
500/10.000
KVWlfl /VM

100/10.000
iW/iO.OOO
10.000
500
in nftn
1 ftftft
1OA
100
500
100/10.000
10.000
1UU/1V.VAIU
con
i (Wi
tnooA
100
100
100/10.000
500/10.000
500
1/1flMfl
in nnn

100/10.000
10/10.000
10/10.000
10.000
100/10.000
§00/10000
1 flflO/ 1 A ATM

1 onn
1 fVM
*vyi/inrw>
1.000/10.000
1.000
1ftrt
lAfl/m fVM
10.000
10.000
innnn
cnn/inrvM
500
500
ion/inonn
100
10000
10000
10.000

-------
              Register / Vol. 52. No. 77 /  Wednesday. Apnl 22. 1987 / Rule9 and Re8ulatiop<
APPENOU A.-THH UST OF EXTREMELY HAZARDOUS SUBSTANCES A«O THE* THRESHOLD PLAN™* Ou-nnw-Condnu*"
                                        [Alphabetical Oder]
CAS No.
149-74-6
62-73-7
141-66-2
1464-53-5
814-49-3
1642-54-
93-05-0
71-63-6
2238-07-


2524.^1 1_n

131-11-3
77-78-1
75-18-3
75-78-5
57-14-7
99-68-9
611 61 4
534*52-1
88-85-7
1420-07-1
117-84-0
78-34-2
646-084
B2-66-6
152-16-9
298-04-4
514-73-8
541-53-7
316-42-7
115-29-7
2778-04-3
72-20-8
106 03-8
2104 64 5
50-14-6
379-79-3
1622-32-8
10140-87-1
563-12-2
13194-48-4
538-07-8
371-82-0
75-21-8
107-15-3
151-56-4
2235-25-8
542-90-5
22224-92-8
122-14-5
115-90-2
4301-50-2
7782-41-4
640-19-7
144-49-0
359-06-8
51-21-8
944-22-9
50-00-0
107-16-4
23422-53-9
2540-82-1
17702-57-7
21548-32-4
Chemical name
1
1 Dtchtorvos 	
Dtcrotopho*. 	 	 	
Oiepoxybutane 	 	 	 _. 	 	
Diethyl Chlorophospata 	 	 "' 	 	
Diethylcarbamazine Citrate 	 	 	
Diethyi-p.phenyienediamine 	 	
Digitoxin 	 «—•«••••——.—...
Diglyodyl Ether 	 	 	 "!.™Z!ZZ.™ 	 ""'
Digowfl__. 	 -........._._„..._. 	 	 	 	 miim __
Dimefox 	 ——«—••-«.......«. •———••«
Dtmethoate.- 	 __.... 	 .__.._.„„.. 	 _. —...-. 	 ._.
Dimethyl Phoaphorochlondothioate 	 	
Dimethyl Phthalate 	 	 	 "*" ~ '
Dimethyl SuHate 	 	 —
Dimethyl Surhde 	 	 	
Dimethytdchtorosiiane 	 	
DirnemyH>-Phenylenedamine 	 ™!™!L1"I.".Z""" "" — """"

Dirutrocresol 	 	 	 	
Dinoseo_ 	 _„ ~ 	 - 	 	
Dinoterto 	 	 — — ~ 	 	
Dioctyl Phthalate 	 ——————-. 	
Dwxolane 	 	 " "" ' — 	 —

Diphosphoraiwde. Octamethy»- 	 ' — '
Disuffoton 	 ~ 	 	 " 	 	
Dithiazanme Iodide- 	 	 	 „ 	 	 -...—.-..._.
Oithtobjuret 	 ,...,
Emetine. Ohydrochlonde 	 '" 	 	
EndosuNan ......... •••—...- 	

EPN 	 ~ 	 ———_—.. 	
:rgoiamne Tanrata 	 	 	
fcinaneaunonyl Chtande. 2O*xo. 	 	 	
Emanot vzochlorc-. Acetate 	 	 _ 	
Ethopropho* 	 _._ 	 	
:thvtene Fhjnmhycfan. „._ 	
EthvtMMOntto 	
:thytaM0tpto|i 	 : __ -.-......- 	 ..,.._.
•totiftmmmlmtHQ ^ ' '
ithyfeBMB^f P*tffffA«tf _ , 	 "
rm'BHBllfiS'*'" 	
•inia5i| 	 	 " — 	 	


nuoroacatfc Aod 	 ... ... 	
•liiMoac4tyl Chloride..— ,uuu.
nuorouracd 	
'ormaldehyde 	 	
•ormaldehyde Cyanohydnn... „ 	 	
onueianate HydrochkxxJe 	 	
ormottuon 	 __._ 	
O^^pvT&nAIA ___..„_— 	 iirii»M»».«».<».«»«»«....>>,«i,,f— .. 	
•ostmetan 	 .
Notes
.. e
e

e. h
. a.e
. C.9
. «. h


-


e. h
d


t
J
•»•


0

e. h

*
e
e.e



«.h
h
d 1




e.h
e
k
J
C. A

rt 1
e.h
«j>

_
e
—•————.
Reportable
quantity*
(pounds)
1
10





.
1


3.UW
1
1

1
10
1,000
1
5.000
1
1


1
«

1UU
1
1
1
1
1.000
1
1
1

10
1
1

1
C MM


1
1
1
1
10
100



1.UUU


1
1 	
Thresh,
planning quankty
| (pounds)
1.000
•1.000
100
500
500
100/10.000
10,000
100/10.000
1 rwi

IU/1U.UOO
w\
3OO
son/in mm

SOW
10.000
500
100
5OO
1.000
10/10.000
500/10.000
10/10.000
100/10.000
500/10.000
10.000
500
10.000
10/10,000
100
500

100/10.1
10/IO.OUu-
500/10.000
500/10,000
1.000
100/10.000
1.000/IOjQOO
500/10.000
ouu
1,UUO
1.000
1JQOQ
500
10
1.000
10.000
500
10,000
10.000
10/10.090
500
500
100/10,000
500
100/10409
tO/wjOOB
TO
SOD/wMMI
500
500
'rm/infltfO
100
lOO/MjOOO
500

-------
13400     Federal  Register^M/ol.J2^No. 77 / Wednesday. April 22. 1987 / Rules and Regulations

   APPENDIX A.-TH6 LIST Of EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES-Continued
                                              [Alphabetical Order]
CAS No.
3878-19-1
110-00-9
13450-90-3
77-47-4
1335-87-1
4835-11-4
302-01-2
74-90-8
7647-01-0
7664-39-3
7722-84-1
7783-07-6
7783-06-*
123-31-9
53-66-1
10025-97-6
n*ni.unui
297-78-9
78-82-0
102-36-4
465-73-6
55-91-4
4098-71-9
106-23-6
625-55-6
119-38-0
78-97-7
21609-90-5
541-25-3
56-89-9
7580-67-6
109-77-3
12108-13-3
51-75-2
950-10-7
1600-27-7
7487-94-7
21908-53-2
108-67-8
10476-95-6
760-93-0
126-98-7
920-46-7
30874-80-7
10265-92-6
558-25-8
950-37-8
2032-65-7
18752-77-6
151-38-4
80-63-7
74-83-9
79-22-1
624-92-0
00" 34 4
824-83-9
556-61-6
74-93-1
3735-23-7
676-97-1
556-64-9
78-94-4
502-39-6
75-79-6
1129-*1-5
7786-34-7
Chemical name
Fubendazole 	
Furan 	
Gallium TneMomto 	 	

HexacMoronaphmatene 	




Hexarnethyleneojarrwie. N.N'-Oibutyt- 	
Hydrocyanc Aod 	 	 	 . ....
Hydrogen Cntonde (Gas Only) —
Hydrogen Peroxide (Cone >52%)
Hydrogen Surfide 	
Hlrjrn T_*lnm
Indamatfttdn . 	
Indum TataeMnnte
iron, rwiuearaonyh.. .
Isocyanc Aod. 3.4^>chfcxophenyl
IcUpfUmnil nhanryMnata t[ 	 1 	



	

— 	 _ 	 „ 	 — - 	 	
Ester 	 _ . .. 	 	

laoprapyt Chlorofmnat* TT_ „,..„„„ 	 ,„,„... 	 r 	
laoprepyl Format*..



L^ptOphOt 	
Lff'.'J'.lllE
Und.il..... 	 - 	

MahMUMrtiita
Manganese. Tncarbonyl Metturteydepentadtonyl 	 ..,..,„ 	 „, 	


Uffrurt. Acfftata
Moctunt CMomte
HI^I.UJH. Qxide 	
ktesitytana 	 	
MamaaylonrtriU
Wethactytoyioxyethyl lsocyan«e_
UathanMuManyl FluTm** 	
"if^tii|)UHUIf

	

"ifp^iu1 irt> ~





Uattiyl l^n^tff




Methyl lly^aiL_,
Methyl Isoeymta
Methyl laotrtocyanate 	 >
Mothyl Marcaptan
Methyl Phenkapton ............_._ .
Methyl Phojphuim bichloride 	
Methyl vinyl Ketone 	 _"„"
Methylmercunc Oicyanamde 	
Meihymtchioroa.iarw 	
Metotearo 	 _
Mevmphoa 	



.
	 - 	
	 - 	 	

.................
Notes
1:
dh
a.e
e
d
e.1
e.1
e
I
1
a.e
a,e
e
e
e.h
e
e
b.e
e
e
e
e
e
c.e.
h
d
b.e
e.h
ae
e
e
e
e
a,e
e
e
h
e
e.h
e
e
e
h
e
e
d.h
e
f
b.e
e
b.e
e
e
e.h
e
ReportatXe
' quantity'
(pounds)
1
100
1
100
100
100
1.001
1
1
1
10
100
1
1
1.000
1.000
1
10
1
1
100
1
1
1
1
1
1
1
10
Threshold
planning quantity
(pounds)
100/10.000
500
500/10.000
100
10.000
500
1.000
100
500
100
1.000
10
500
500/10.000
10.000
10.000
100
100/10.000
1.000
500/10.000
100/10.000
100
100
1.000
500
500
1.000
500/10.000
10
1.000/10.000
100
500/10.000
100
10
500
500/10.000
500/10.000
500/10.000
10.000
1.000
500
500
100
100
100/10.000
1.000
500/10.000
500/10.000
500/10.000
500/10.000
500
1.000
500
100
500
500
500
500
500
100
10.000
10
500/10000
500
100/10000
SCO

-------
       Federal Register / Vol.  52. No. 77 / Wednesday. April 22. 1987 / Rules and Regulations




APPENDIX A.—THE UST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued
CAS No.
315-18-4
5047-7
6923-22-4
2763-96-4
50540-2
7440424
13463-39-3
54-114
65-304
7697-37-2
10102-434
98-95-3
112240-7
10102-444
62-754
991-42-4
0
6546-1
20816-124
830-60-4
23135-224
78-71-7
2497474
10028-154
1910-42-5
2074-50-2
56-38-2
298404
12002434
19824-22-7
7841-7
2570-28-5
79-214
594-424
108-95-2
97-18-7
4418464
64404
58-384
898-284
5848-1
8248-4
2087-194
10945-5
28842-2
4104-14-7
94742-4
75-444
732-114
13171-214
7803-51-2
2703-13-1
50782494
2665-30-7
32S4434
2587404
7723-144
10025474
10026-134
1314-564
7719-12-2
84404
57-474
5744-7
124474
Chemical name
MencwtMt*

MonocrotophM
UuSQfngt _ ....
Mustard Gflt







U LJU <• rhnnul
Mtcctm*

Nitne Aod
Nitne Oadt „- - „-





^nQanontodvRi CoAnptaoi (Pin



"








l442-«47)




Qxvttn*, 3,3-ta(CMan)fntfiy'r'

O*V+ r-
Q^j±n^l


O—«^M^Mh_ftA^*iM^
PwttGfMn


Pantahorflnt ,


Py«anic AGflf


Ptwwt, 2^-TTitoba<4l6»Oichio
Phenol, 2.2'-
-------
13402    Federal Register /  Vol. 52. No. 77 /  Wednesday. April 22.  1987 / Rules and Regulation,.
   APPENDIX A.-TME UST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANN.NG QuANrmES-Contnued
                                             (Alphabetical Order]
CAS No.
110-89-4
52B1-13-0
23505-41-1
10025-65-7
13454-96-1
10124-50-2
151-50-8
506-41-6
2831-37-1)

106-96-7
57-57-8
107-124
542-76-7
70-69-9
109-61-5
1331-17-5
75-56-9
75-55-8
2275-16-5
95-63-8
129-00-0
140-76-1
504-24-5
1124-33-0
53558-25-1
10049-07-7
14167-18-1
107-44-8
7783-00-8
7791-23-3
563-41-7
3037-72-7
128-56-3
7631-89-2
7784-46-5
26626-22-8
124-65-2
143-33-9
62-74-8
131-52-2
13410-O1-0
10102-18-8
10102-20-2
900-95-8
57-24-9
60-41-3
3689-24-5
3569-57-1
7446-09-5
7783-60-0
7446-11-9
7664-93-9
77-61-6
13494-60-9
7783-60-4
107-49-3
13071-79-9
78-00-2
ca-*> a* A
75-74-1
GAo_«.«_a
1314-32-5
10031-59-1
6533-73-9
7791-12-0
Chemical name
Pipendtne 	 	 	 	
Piprotal 	
Pinmifo3*cthyl ••.............•..••....•..••..••••.•.•••..........•••»..»...................„........
Platmous Chloride _ 	 _ . . ..
Platinum Tetrachlonde 	 	 	 "!.'"""."
Potassium Arsenite 	 	 	 _
Potasswm Cyanide 	 	 	 	
PotassKim Silver Cyanide 	 . 	 _._

Propanjyi Bromide 	 	 	
Proprtactone. Beta- 	 """""'"!""""
Propwnrtnle 	 	
PropamMle. 3-Chtoro- 	 	 „ _

Promt Chtorofbrmate 	 	 	 	
Propytene Glycol. AIM Ether _ 	
Propytone O)ode.-._... ...... 	 	 „,„„„.„„-„ 	 ,-,„..,
Pn H lylanam iii u .
Protnoftte. "».*«._..........„..„„ 	 ....

Pyrone 	 T™.™™....™...................^ .. «•....»..•..»...».«....«•..... i 11 ( i 	 •.
Pyndin*. 244ethyt.S.Vinyl 	 	 	 	 ,.,., , 	 iri „
PyndbM, 4 • Ammo* -»-»...».«.......... 	 H 	 .„. 	

Dh^«M^*^
•*yHf¥«^l]| 1— „.„..„ tm * urn
Rhodium Trichloride 	
Salconune- 	 	 _,,. ,.,-,
Sarln.. . . ._ 	 	 	 	

Setoraum Oxychtorido 	 	 	 _.. _ _
SemicarbaiirJe Hydroc,hH»liJe
Silane. (4-Ai«nobutyl)Otethoxymethy». 	 	 	
Sodium Artfvaqumone-1-Sulfonate 	 _. 	
Sodium Arsenate 	 	 	 . 	
Sodium Afionite ............. 	 „„_.. 	 __„ .
Sodium Aade (Na
-------
         Federal Register / Vol. 52.  No. 77 / Wednesday. April 22.  1987 / Rule, and Regulat.cn.
                      '^^^•^^•^•^•••^^•••••i^B^^M^^^^i^^^^^^^^^^^^^^^^_^_^_l__.I_Zi     _  •^^gmuMUiia     iO


  APPENDIX A.-THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THE.R THRESHOLD PLANN.NG OuANTmES_ContlnUed

                                             (Alphabetical Order]
CAS No.
•^•^— ^VH^M^__
2757-16-6
7446-16-6
2231-57-4
21564-17-0
39196-18-4
640-15-3
297-97-2
108-98-5
79-19-6
5344-82-1
614-78-8
7550-45-0
91-08-7
110-57-6
1031-47-8
24017-47-8
76-02-8
115-21-9
327-98-0
98-13-5
52-68-6
1558-25-4
27137-65-5
998-30-1
75-77-4
624-11-3
1066-45-1
639-58-7
555-77-1
2001-95-6
1314-62-1
108-05-4
3048 64 4
81-61-2
129-06-6
28347-13-9
56270-06-9
1314-64-7
•Only the si
Notes:
a Thachen
b This mat
c Thecateu
d Indicates
Chemical name
Thallous Matonate 	
Thallous Sulfate 	 	 	 	
Truocartazide 	 	
Thncyanic Aad. 2-(Beraothiazoiytmio)Memyl liter 	
TrNOfanox — 	 _ 	 _ 	
Thfometon. — 	 _. . 	 	
Thnnaan 	 _...„ 	
Thnphonol ..__ 	 	 	 	 ,„..,.„
Thnsemicarbazide 	 	 "" 	 "" —
Thwurea, (2-Chloropnenyf). 	 	 	 	
Thtourea. (2-Methylpfunyn. ' 	 ~~" —
Titaraum Tetrachlonde 	 	 """ "
Toluene 2.4-Omocyanate .--....-.—. _ ___
Toluene 2.6-Diaocyanata 	 "" 	 • 	
Trar»1.4-Oichlorobutene 	 ~ — " 	
Trtazotos 	 _ 	 -~ 	 •— ™-
Tnchtoroaeety Chloride _ 	 	 ~~" 	
Tnchtoroethylsilane 	 	 -
Tnchtoronate. _ " 	
Tnchtoropnenytsilane . .. 	
Trichtorophon 	 ._ - 	
TncMoro• "o • •»*!•«« » .> . ---. — M.. ......_... . ~L«I ffcjuwi/i joijmeni
Notes
c,e,
h
e
a.e
a.e
h
k
h
h
•.h
c.e
d.1
a.e
e.h
Reponabie
quantity*
(pounds)
1
100
1
1
100
1
100
100
100
100
1
1
100
100
1
1
1
100
1.000
5,000
100
100
Thres. .
planning quantity
(pounds)
— — — ^^^^^— _
100/10.000
100/10.000
1.000/10.000
10.000
100/10.000
10.000
500
500
100/10.000
100/10.000
500/10.000
100
500
100
500
500/10.000
500
500
500
500
500
10.000
100
500
500
1.000
100/10.000
500/10.000
100 |
1.000/1
100/10.000
1.000
10.000
500/10.000
100/10.000
100/10.000
100/10.000
500
owder. non-molten, non^ohitlon form.
L
e Statutory reportage
I The statutory 1
9 Newcherraosla
h HevwedTPQ
                                       under SARA
                                                              caranogemaiy and/or other toaddty « completed.
                             StolataSaSn"^*" * «**^ ^ - * P"*-* ru*

                        SSiJlPLT*?1 »•«* «« but because of the* high production volume and recognized touoty are
                 ("Other chemcais").


APPENDIX B.-THE UST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES

                                      [CAS Number Order)
CAS No.
0
50-00-0
50-O7-7
50-14-6



Organortxx*um Complex (PMN-82-147) 	
Formak^tiyde — —
Mitomycm C 	 	
ErgocaJoferol 	 	 ^

	 	 — ............«_.^_ 	 	 ,.T
Notes
e
d.1
d
c. e
Reportabie
quantity*
(pounds)
i
1.000
1
1
Threshold
planning quantity
(pounds)
10/10.000
500
500/10.0""
i nnn/m

-------
13404    Federal Register / Vol. 52. No.  77 /  Wednesday. April  22. 1987 / Rules and Regulations
            8.—THE UST OF EXTREMELY HAZAAOOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued
                                              CCAS Number Oder)
CAS No.
51-21-8
51-75-2
51-83-2
52-68-6
53-66-1
54-11-5
54-62-6
55-91-4
56-25-7
56-38-2
56-72-4
57-14-7
57-24-9
57-47-6
57-57-8
57-64-7
57-74-9
56-38-8
58-69-9
59-88-1
60-34-4
60-41-3
60-51-5
62-38-4
62-53-3
62-73-7
'62-74-8
62-75-9
64-00-8
64-68-8
65-30-5
65-86-1
66-81-9
67-66-3
70-69-9
71-63-6
72-20-8
74-83-9
74-90-8
74-93-1
7S-I5-O
75-18-3
75-21-6
75-44-5
75-55-8
75-56-9
75-74-1
75-77-4
75-76-5
75-79-9
75-86-5
76-01-7
76-02-8
77-47-4
77-78-1
77-61 -8
78-00-2
76-34-2
78-63-5
78-71-7
78-62-O
78-94-4
78-97-7
79-OS-t
79>-T1-6
79-19-9
Chemical name
PHiorouracd ..— 	 -.• 	 	 	 _..
Mechloraihamine 	
Carbacnol CMondfl ..-- 	 — . .— 	 —
Tnchlcfopnon •-


Aminoptenn 	 	 	 	 	 „ 	


Pnratnvwt 	 	 	 __
CoumnpAni 	 	 	 	 „.„_.. ._ 	 _....,.
Oinwltiylhydruma 	 _.._._ 	 _ 	

Physojaamme 	 	
PracMtfaetona. Bat*. 	 . ______
Phyaomqmma, Salieytata (i_i) 	 	 t
Chlordana 	 „ „
Phenoxarsina. 10,10- <>yyflL , 	 	 _ 	 	 mi _
Undana 	 : 	
PnefiyinYdrazina, ^ydiutjttfpfilft
Methyl Hydnun*
Strychnina, SuHaM 	 	 , 	 	 ,

Phanyftnarcury Aeatata ..._ _ „ , „ . . ..... ....
Arulma 	 	
Dichlofvoa 	
Sodium FtuanuKMt* 	
Pneooi 3-(1-Methylethy1}-. Mettiylcarbairff , , 	

Nicotffi* Sulfat*
OroUcAcirf 	 .„
CvctotMHmidA
ChlcrqA^n...
PKJO-H)*lo«on« 4 AminA.
gg^""- 	 	 	 	 	
Metny* brornxJa 	 	
Hydrocyanic Aod 	 	 „ 	 	
Matfiyt Mofcoptan 	 	 	
Carbon OauWd* 	 	 	
Dimethyl Sulfida 	 	 „„.__ 	 	 „ 	 	
Ethylana Oxida 	 	 , 	 _. 	 	 	 „ 	 , ,...,... ., ... .
Phoagan* 	 .,.,
riuLi'.lHiiMin'iia
Propyiena Onto
TfltrametnylHHd





T LJ|» 	 *^**3%TMr
H*KA. tllnrin hMiaiil^iaiia
Pfnutfiyl SuHMi^*^
Tabun>
TetraethyOead 	 	 	 .. .




Metfcyi Vinyt Ketona 	 _ 	 	
1 aranartnla _ _.
Acrylammlm , „ 	
Chlavancatic Ac<4
ThmflmicarnAnriA .,.. __._ 	 _ 	 ,., 	 _ 	 _ 	 1
Notes




• A




e. d

<4


9
-
d

d


a


d.1


d.l»
a. (>

a. •

d. 1

•• 9
c. •
1


1
a

I

I
c,a, 1

a. h


a.d
a
d. h

C. 9,
h
c.d



a.h


dk I
a

Reportaoie
quantity*
(pounds)

.

_
100
f
inn

ton
•
4
in

10

1
1
1
1


in

10
100
5000
10
10
1




5000


1.000
10
100
100


•t

too




10





1






5.000
1
100
Threshold
planning quantity
(pounds)
soo/innnn
in

in non
in mn

c/wwf n nnn


lOO/ iVUOO

1 JVVl
100/10000
100/10000
500
100/10000
1.000
500/10000
1 000/10000
i n/m/in nrin
snn
100/10000
enn/ioonn
500/10 000
1 000
1 000
10/10.000
1.000
500/10000
10/10 000
100/10000
10000
inn/in nnn
10000

100/10.000
500/10000
1 000
100
500
10.000
100
1:000
10
10000
10.000
too
1 DOB
500
' 500
1 000
10.000
500
100
500
10
100
500
500
500
1.000
10
1.000
i.orjovtoooo
100V TO 000
too/to ooo

-------
       Federal Register / Vol. 52.  No. 77 /  Wednesday. April 22. 1987 / Rules and  Regulations     13«3
APPENDIX B.—THE LIST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOUJ PLANNING QUANTITIES—Continued
                                          [CAS Number Order]
CAS No.
79-21-0
79-22-1
80-63-7
81-81-2
82-66-6
84-74-2
84-80-0
86-50-0
86-68-4
87-86-5
88-05-1
88-65-7
91-08-7
93-05-0
95-48-7
95-63-6
97-18-7
98-05-6
98-07-7
98-09-9
98-13-5
98-18-6
96-67-3
98-95-3
99-98-9
100-14-1
100-44-7
102-36-3
yH»PhaCTylnnadU«n«ii» 	
BanzarM, 1.{CMareniBthy<)-4JMHp>, 	 __ ..

laocvane Acid. 3.4-OidltomphBnyl Eater 	 ,..„....„ 	
PI Mil lylll unuta* 	
Prapai^jyl Hmmifta , 	
But8tfww..._._.. 	 .„..
AerelMi 	 	 ... 	 	 r. .
Chloraeihancl 	 .. ,. 	 	 m 	
AIMinww 	
Propionrtnla .. .. ...t. ,„.„ 	 ___ 	 ,
Aoymnitni* ,.. 	 	 , t ii.
EthytenadlaniMW- 	 --mre... _m....... 	
Formaktafiycta CyonehyiMn
AllylAlenMI 	 	 ,.
CMemnrataktahyfia nir ,„.., u
Chlornmomyi UaBiyl g»ia>
Sflfnt 	 	
TEPP 	
Vinyl Acatata UonoiMr
Isoorooyt CMorofaMMM
Maartytana 	 „.. ., , . . . 	
OS^^f^^BMkJflkM^M^ak.
pal^-.j *• 	 -»•-— -r .- .—-.--„...—,— ^— 	 	 	 „
• '"•nfli 	 „ 	 — _ ... 	
•""ITpfWl .. ,
H*^Jfi •^^^••^^•— 	 	 r.. 	 	 .....M«. 	 imu..i.i.M._ni
Prop|P C"^"^?1 "*•(•, ... H...u 	 « « 	 	 , 	 ^,
UAa^MMMyhl^ak
F»M»I ._ 	
Tranft.1.*GkMami!utaM. 	 . _„.,„,
Hip*vv>n>« 	 ., — ,.r — llir ,.„ JM1 _ ,. 	 . ,
BuMVhwtElhef.. . . 	 ' , . ,
DicftkwoMtiyt EttM* ,„
A^4.«%«*«tai«J^
AoiparnnM 	 . 	 „„„.„., 	 „...., 	
TncMoroethytsilsna ._.___ . . .. _ 	 _,, _m rl.
Dimefox 	 	 _.^_
EndosuHan 	 ._ 	 	
Fensutfotrtton 	 	 	 	 	 	 	 	
Ahlicart) 	 	
Dtocty* Phtfiaiate 	 	 	 ~.™™~!™!!"!!!!!1"!~"!!ZI!!"~1".."~!II!II"!
IsopropylmethvlpyrazoM OuneUwtearbarnate 	 	 	 _ 	 	 	
fct — j. -.—
iXOT98
0
d. h
a

0
^
4. •


a. d
a




-------
            1*1  »+*. , Vol.  «. No.  „ , Wedn..da,  Apc|, „_ ^ / RulM ^
   122-14-5
   123-31-9
   123-73-9
   124-65-2
   124-87-8
   126-96-7
   128-56-3
   129-OO-0
   129-06-6
   131-11-0
   131-52-2
   140-29-4
   140-76-1
   141-66-2
   143-33-9
  149-74-6
  151-50-6
  151-56-4
  287-92-3
  297-78-9
  297-97-2
  298-00-0
  296-02-2
  296-04-4
  300-62-9
  302-01-2
  309-OO-2
  315-18-4
  3*6-42-7
  327-98-0
  353-42-4
 359-06-6
 371-62-0

 379-79-3
 465-73-6
 470-90-6
 502-39-6
 504-24-5
 505-60-2
 506-61-6
 506-68-3
 506-78-5
 509-14-6
 514-73-6
 534-07-6
 534-52-1
 535-69-7
 538-07-6
 541-25-3

 541-53-7
 542-76-7
 542-68-1
 542-90-5
 555-77-1
   Fenitrottvon	
   Hydroqumone.,
   CrotonaMahyde. (E)-	,
   Sodium Cacodylate	
   Picrotofln
   Methacrytonitnle	_		
   Sodium Anthraqumone-1-Sulfonate.
   Pyrene	_		
  Warfann Sodium	*
  Dimethyl Phthalate		
  Sodium Pentachlorophenate
  Benzyl Cyanide,
  Pyndine. 2-Methy|.5-Vinyt.	
  Dicrotophes	
  Sodium Cyanide (Na(CN))".".."!.
  FhJoroaoatB AcxJ	
  OKhloromethypnenylsilane	
  Methoxyetnylmercunc Acetate.."!
  Potassium Cyanide
  Ethyteneimtne.    			
  Ophosphoramde. Octamethyv"!.
  Cyclopentane....
  Isobenzan	
  Thionazn.,
  Parattwn44ethy1
  Pnorafe—
  Disulfoton
  Ampnetamne
 Hydrazme....
 AWrm	
 MexacMtaata
 Emetine. Dihydrochtonde.
  TrtJillli-|«n«i ii •
  ncniaranaio.
556-64-9
558-25-8
563-12-2
563-41-7
584-64-6
594-42-3
597-64-6
 Fhjoroacetyl Chlonde-
 Ethylene Ruorohydnn.

 Enjotamine Tartrate...

 CMorfemnnfi
 Methyimercunc Dtcyanamide
 Pyndine. 4^MTttno-
 Mustard Gas..
 Potasswm
 Cyanogen Bromide'
 Cyanogen Iodide
 Tetranitromethane...
 Drthiazaime Iodide..,
Dithiobwet,
Propionrtrlle. 3-Chtoro..	
CMoromethyl Ether	
Elhytthioeyanate..,	
Tris<2-Chkxoethy1)Amine.
Methyl Isethiocyanata,
Methyl Trnoeyanate	
Uethanesutfonyi Ruonde	
Ethion			
Serrucarb
Toluene 2.4-Diisocyanate....
Perehloromethytmercaptan
Tetraethytin
                                                                      v -—
Reportatote
quantity*
(pounds)
"^—^«i^^i^^-
1
1
100
1
1
1
1
5,000
1
5.000
1
1
1
1
10
1
1
1
10
1
100
1
1
100
100
10




1.00







t
1
.1.000
1
1
1.000
1
10
1
1
10
1
1
1
100
1.000






to
I
100
100
1
1 ^^^^^
Threshold
Ptanmng quantity
	 (pounds)
™ ^^^^^~^^™— ^™^^w
500
500/10.000
1.000
100/10.000
500/10.000
500
10.000
1.000/10.000
100/10.000
10.000
100/10.000
500
500
100
100
10/10.000
1.000
500/10.000
100 .,
500
100
10.000 f
100/10.000
500
100/10.000
10
500
1.000
1.000
500/10.000
£00/10.000
1/10.000
500
1.000
10
10
500/10.000
100/10.000
500
500/10.000
500/10.000
500
500
500/10.000
1.000/10.000
500
500/10.000
10/10.000
10/10.000
100/10.000
500
10
100/10.000
1.000
100
10.000
100
500
10.000
1.000
1.000
f.OOO/f 0.000
300
500
100

-------
       Federal Renter /  Vol. 52. No. 77 / Wednesday. April 22. 1987 / Rulea and Regulation,    I.-U

APPENOIX B.-THE UST OF EXTREMELY HAZARDOUS SUBSTANCES AND THE.* THRESHOLD PLANNING OuANTmES-Contmued
                                        CCAS Number Order]
CAS No.
614-78-8
624-83-9
624-92-0
625-55-8
627-11-2
630-60-4
633-03-4
639-58-7
640-15-3
640-19-7
6. 1 -Oxide 	
ttetofcarb 	 	
iadmium Oxide 	
Fhallic Oxide 	 	 	
Vanadium PemoxxJe 	
!inc Phosphide, 	
Irsenoua Owte 	 ._, 	
Vopytene Glyool. AIM Ether.., ,
^ntuTiycn A... ,.,,..,
tacrtracn — „...„«.„ 	



III III !•!•) i l|l|l|

>cetcm TMneeiiM iiimjue
Paraojutt.— 	 	 	
'ahnomvon. 	 	 , 	
Paraquat Methosiiifate 	
*henyisrfetrane 	
!PN 	 	 	
!admum Stearate 	
ithyfmercunc Phosphate .. 	
Jiglyodyl Ether 	
Caivone 	 	 	
Chemical name

~







........ 	
	 __ 	
	 . — 	 	




—.-.....-....„....._„.„.,., IIM
—._._._...._ ,
























— — •— 	 - 	 ,._.__.__

_
•••••••••(••(•a... ............. 	 .,...,
Notes

f






• .»
i
^ t)
b. •
d.h
e.h
e.h
e.h





e.h



e
d
a
b.e

A h
a.e
a.e


d
e



e.e

a. h

c.e
e

a. a
Reportable
quantity*
























5.000
100
1
1 AMI

•t flfM
1
1
4

1
1

1
1
1
1
1
10


1
1
«
1
Threshold
planning quantity

500/10,000
500
100
500
1.000
100/10.000
10.000
9VAJS 1U.UUO

500/10.000
1000O
100
inn
500
10/10.000
500
500
500
100
100/10.000
500/10.000
500
100
500
100/10.000
500/10.000
100/10.000
3UO
100/10.00
500/10.000
9UU/lU,lXJ(l

100/10.000
100/10.000
100/10,000
10.000
10
cnn

10.000
10.000


500
100
lU/IO.uOO
500
100/10.000
1.000/10.000
10/10.000
500/10.000
1.000/10.000
500/10.000
1A/1A /Wl


11AJS1U.UUU
1.000/10.000
1.000/10.000

10.000

-------
APPENDIX B.—THE UST OF EXTREMELY HAZARDOUS SUBSTANCES AND THEIR THRESHOLD PLANNING QUANTITIES—Continued
                                          [CAS Number Order]
CAS Ma
2275-18-5
2497-07-6
2524-03-0
254O-62-1
2570-26-5
2567-90-6
2631-37-0
2636-26-2
2642-71-9
2665-30-7
2703-13-1
2757-18-8
2763-96-4
2776-04-3
3037-72-7
inH..,..,H...».M.».WH»»«»»«»»...»».»»».H.. 	 »»».•».•.•»••••••••
^^n mil tyi «~. iwBf^ ^Ji i^»i IH^H^*W^^*M* ,»».•••»•••••••••.••••••••••••••—•••••••«••••««•••••••••.••«••»•••••••••••••••«•••••••••«
P*" tArinrvl iTUfm
PHncnttnmrtovw* Amri O ^f^mnfhwt-fi-/9-Mfll>>vltt1K)i EttWl EstBT _...„.»......... .......**«...... 	

OyanOptKM ._ 	 	 - 	 	 1 	 lm«nmn.........«..m,mrt 	
Aanphoa Ethyl 	 	 . 	 	 	 	 	 	 	 	 . 	 	 —

RirMftfuwiftww A/~tf1 UAttrwL rLFttrwl n44-fMflttWtttHf>iPhnrrvti Pfttnr
Thaltous Matofiatn . 	 	 L...............^... 	
M..«.*.»»wa 	 	

Stlant, (4-Anwiobuty1)DNjUio*yfnoTfiyt- 	 	 	 • 	 	 	

D»WV.,OWW*». An>< Dbnottiri 4-tMutfwlituo) Phonvl Fstor ,, , 	 ,
^tdfnnta 1-CNnmnmnvl Orlvl ,,, 	
flany^rtayolo 4 S-OlCftlOCO-Z-rrnnuOrOnWlf^)-
QirffMtMft


Mnttwl riMMifcuiiliMi




Cmtmalrtahurta ,,,,,,,,,,

m-M-Mvrf f T* TtiH-tfwif 4 Phlrwn A MnttivA-

DM*M*«| ---- 	 ----- ,
ri^ViOl ^— ..... 	 ****.. . • i •• 	
CouifuitBtnityt . -.—...-..... ••• — **-

MfMWWMtA«^W««l 	 - - .............. .....
Nwfc^ - ._ 	 ..,„-, 	
Cobalt ' — •— 	 .....„„,- 	
C||M|r DimMtfi i 	 • 	 •

ThnDma fhiltiitfl • ••"" 	
fcAfMTiay Ptilrvwl* 	 --•-•! 	


C/M52%) 	 	 	 	 »— 	 ...«.....T... T 	
n^MAf^WWIlA 	 	 i.-ift 	



Qi tonne 	 .«.«..«••— ..............««»-T« — —
5otorvouo Acid .« O..........T- 	 - 	 - 	 	
1 llff~lrTM~UMl ^SfjffktA • •......•

""*•**'»'*" ****•**...«»«* 	 .»•••. *•«•••••••>•.•.•*
Sutfuf Totrafluondw ...«.............»...».....»»...*..—»»

Tolliimiffi MflvflfliJ^tfiriA ......••...•.•...•.••.••••••••«••••••••••
Notes
i
ah
c. e.
g
e.h
e
e
•
•
e.e,
h
lh
•
e
•,•
•
•
••g
•
•
•
•
•
b,e
•
•
•
•
•
•
e.h
e
a.d
•.e
e.1
b.«
•
e
b.e
d
•
0.1
1
e.1
b.h
e.l
d
k
I
e
e
e
e. k
d
Reportage
quantity*
(pounos)
1
1
1
1
1
1
1
1
1
1
1
1
1.000
1
1
1
1
1
1
100
1
1
1
1
1
1
1
100
1
1
1
1
100
1
100
1
1
1
1
1
100
1
1
1
1.000
1
1
100
100
1.000
1.000
1.000
1
1
1
1.000
10
10
10
100
1
1
1
5.000
Threshold
planning quantity
(pounds)
100/10.000
500
500
100
100/10.000
500
500/10.000
1.000
100/10.000
500
500
100/10.000
10.000
500/10.000
1.000
10.000
500
500
500/10.000
500
100/10.000
100/10.000
500
100/10.000
500/10.000
100
100/10.000
1.000
100/10.000
100/10.000
500
100/10.000
100/10.000
500/10.000
100/10.000
10/10.000
10.000
10.000
500
100
100/10.000
500/10.000
100
100
1.000/10.000
500
500
100
500
1.000
1.000
1.000
1.000
100
500
500/10.000
500
100
1.000/10.000
500
10
100
500
100
500

-------
                                                                                                   Reportable
                                                                                                    quantity*
                                                                                                    (pounds)
                                                                                                       Threshold
                                                                                                   planning quanmy
                                                                                                       (pounds)
   Sodium Arsenite.
   Mevinphoa
   Thalloua Chloride ..I
   Selenium Oxyehionde
   Phosptvne
   CarnphecfUor
           ......_..._...
   Plantinoua Chloride
   Chromic Chlonda. ________
   Phoaphofua Oxychtonde
   Indium Tatraehlond*
   —  • •••• i WMWMiMWI*WaBT •»•••....
   Phoapnorua Pentachtoride
   Ozone
  Rhodium Trichloride.
  Sodium Selenrte
  Sodium TeWurtte
  Nrtncdode
  Nitrogen Otanto
  Potasawm A/tanrte
                  _____
  Ettianol. U-OtchJoro-. Acetate
  Cobalt Carbon*
  Methaimdophoa
  Methacrotan Oiacetata
  Pana Green
             Thcaitonyl Metfiylcyclnnantaulanyl
 Sodium Setonate
 Gallwm TrtchkxWe
 Platinum Tetrachioride
 Nickel Cattonyt.
 Iron. Pentacaroonyl
 TeRunum
                                   ____
          ---------   | _____
 toimanum CMoropladna
 Oecaborane<14)

    7784-42-1
    7784-46-5
    7786-34-7
    7791-12-0
    7791-23-3
    7803-51-2
    8001-35-2
    8023-53-8
    8065-48-3
   10025-45-7
   10025-73-7
   10025-67-0
   10025-97-5
   10026-13-6
   10028-15-6
   10031-59-1
   10049-07-7
   10102-18-6
   10102-20-2
  10102-43-6
  10102-44-0
  10124-50-2
  10140-67-1
  10210-68-1
  10265-92-6
  10294-34-5
  10311-64-6
  10478-95-6
  12002-03-6
  12108-13-3
  13071-79-6
  13171-21-6
  13194-48-4
  13410-01-0
  13450-90-3
  13454-96-1
  13463-39-3
  13463-40-6
  13494-60-9
  14167-18-1
 15271-41-7
 16752-77-5
 16919-58-7
 17702-41-9
 17702-57-7
 19287-45-7
 19624-22-7
 20816-12-0
 20830-75-5
 20659-73-6
 21546-32-4
 21564-17-0
 21609-90-5
21908-53-2
21923*23-9
22224-92-6
23135-22-0
23422-53-9
23505-41-1
24017-47-6
24934-91-6
26419-73-8
 26628-22-8
28347-13_9
28772-S«.7
Formatanata HyonxMond*
Pirlmifua-Ethyl
Tnazofoa .
Chlotmep
            TncMonXOichl
Xyrylene Oichlonde..
Bromadoione .._..
     100
     500/10.000
     500
     100/10.000
     500
     500
     500/10.000
  10.000
     500
  10.000
       1/10.000
     500
  10.000
     500
     100
     100/10.000
  10,000
     100/10.000
    500/10.000
    100
    100
    500/10.000
  1.000
     10/10.000
    100/10.000
    500
    100/10.000
  1.000
    500/10.000
    100
    100
    100
  1.000
    100/10.000
    500/10.000
 10.000
     I1
    100
   500/10.000
   500/10.000
   500/10.000

   500/10.000
10.000
   500/10.000
   100/10.000
   100
   500
10.000
    10/10.000
  500
  500
10.000
  500/10.000
  500/10.000
  500
    10/10.000
  100/10.000
  500/10.000
 1.000
  500
  500
  100/10.000
  500
  500
  100/10000
  100/10000

-------
 13410     Federa] Renter  /  Vot. 52. No.  77 / Wednesday. April 2Z 1987  /  Rule9 and Regulations


    APPENDIX B.-THE UST OF EXTREMELY HAZARDOUS SUBSTANCES AND THE.R THPESHOU)

                                                   (CAS Number Oder]
   CAS No.
  30674-60-7
  39196-18-4
  50782-69-9
  53558-25-1
  58270-08-9
  62207-76-5
                                           CnemicaJname
Metnacrytoytoxyethyl Isocyanata.
Thtofanox.
PNwphonothioic ACK!. MetrtyK S^Biso"Metr^^
Zinc. Denlorott>rjmiriyW5((((Matr^^
Cobalt       ((2^^1.2^tr«riadivtbia(NitriloiiiathwtMMMnBa/&n«<»)hMiaiaiq))(2.).
     Only the statutory or final RO • shown. For more rrtormaoon. aaa 40 CFR TaMa 3014.
     JOtOK
                                                                                     Notes
e.h
                                                                       a. h
                                                                       a
                                                                       a
                                                                               Reportable  I    Threshold
                                                                               Ouanmy•    planning Quantity
                                                                               (pounds)   |    (pounds)
  1
100
  1
  1
  1
  1
                       100
                       100/10.000
                       100
                       100/10.000
                       100/10.000
                       100/10.000
    a Tha ehamical doea not meat acute tenacity criteria. Ita TPQ to aat at 10.000 oounda.
                                                                                                      non^on
                                sK
      Revned TPQ baaed on new or r«-evaJuatad toncrty data.
    L ^2 feS""* * '*?l5lto!2l2!!* «* **• •« c"*"^ ** «» tachnicaJ IMW aa n propoaad rula.
    k The TPO was ravnadaftar proposal dua to cateulabon arrer.                       »-«»~~« raw. .
                           ^
|FR Doc. 87-8089 Hied 4-20-87; 11:24 am]

-------
            Federal Register / Vol. 52. No. 81  /  Tuesday. April 28. 1987 / Rules  and Regulations	15321
 ENVIRONUEHTAL PROTECTION
 AGENCY

40 CFR Parts 300 and 355
[FRL-31M-*!
Ejrtr
tardoua Subsfe
i List
and Threshold Planning Qi
Emergency Planning and Release
Notfflcation Requirements; Correction

AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule: correction.
        r. The Agency published two
Appendices to a final regulation at 52 FR
13378 (April 22,1987). This document
corrects an error in Appendix A to Part
355.
                   M10N CONTACT
Richard A. Homer at (202) 382-7945.
  Dated: April M. 1967.
David Speights,
Prepeeednesi Staff
  Accordingly, in FRL-3173-6 published
in Federal Register, April 22,1987, we
make the following correction to
Appendix A of Part 355. m the entry on
page 13402. for CAS No. 7864-93-9,
"Sulfur Acid" should read "Sulfuric
Add."
  Please note that additional corrections
to this document are published
elsewhere hi the Corrections Section of
tUa issue of the Federal Register.
(FRDoe. «7-eMO Filed 4-27-47; 8:45 am]
NATIONAL RAILROAD PASSENGER
CORPORATION (AMTRAK)

49 CPR Part 701

Freedom of Information Act; Schedule
of Fees and Otter Administrative
       : National Railroad Passenger
Corporation (Amtrak or the
Corporation).
ACTION: Final nnV  -
                            also
Freedom of Infomation Act (FOIA) to
iacoiporate fecentchangea to the Act
regaiding.thR establishment of fees
chmyidlor the search, review, and
duplieatiaa-of records in naponee to
FOIA requests. The rules follow the
guidejines.esUhkehed.by the Office of
            anoTBudget and the
Depattnesf of Justice. In addition,
Amtrak propoaed.to amend its
regulations to reflect certain
administrative changes within the
Corporation. Amtrak is adopting the
proposed rule changes as final.
EFFECTIVE DATE May 25, 1987.
SUPPLEMENTARY INFORMATION: The
Freedom of Information Reform Act of
1988 (Pub. L 99-570) requires agencies
to amend their regulations of FOIA fees
in conformance with OMB guidelines on
uniform FOIA fees issued pursuant to
this act. The terms, definitions, and fee
schedules of this rule are fully
consistent with OMB's notice (52 FR
1992, January 16. 1967) and final
publication of fee schedule and
guidelines (52 FR 10012. March 27. 1987),
and guidelines issued by the Department
of Justice in its "New Fee, Waiver Policy
Guidance" issued on April 2, 1987. In
addition. NRPC amended its regulations
to reflect certain administrative changes
within the Corporation. NRPC is
adopting its proposed rule changes
published on pages 13066-68 In the
Federal Register since no comments
were received during the designated
comment period. Only minor technical
changes have been made in the final
rules from the proposed rules published
by NRPC
                                  CR INFORMATION CQiiTAGTC
                         Medaris Oliveri. FOIA Officer. (202)
                         383-3991.

                         Uat of Subjects in 49 CFR Part 701
                           Freedom of Information.
                           49 CFR Part 701 is amended as
                         follows:

                         PART 701— (AMENDED)
                           1. The authority citation for Part 701 Is
                         revised to read as follows:
                           Authority: 5 U.S.C 552 M amended by
                         sections 1801-1804 of the Omnibui Anti-Drug
                         Abuse Act of 1986 (Pub. L 99-670) which
                         conttunt toe Picvuuui of huonnBtion Refonn
                         Act of HB8 and Sec. M6(iJ of the Rail
                         Passenger Service Act 45 U AC 948(8).

                         9701.2 [Amended]
                           2. In S 701.2, the definition of
                         "President" in paragraph (b) is revised
                         to read as follows: "President means the
                         President of the Corporation or his
                         delegee."
                         9701.3 (Amended)
                           3. In 8 701.3(a), remove the
                         expressions "the FOIA" and "the
                         Freedom of Information Act" and
                         substitute in its place the word "law."
                           4. 9 701.3, paragraph (b) is revised to
                         read ae follows: "(b) A requested record
                         of the Corporation may be withheld
                         from disclosure if it comes within one or
                         more of the exempttone In 8TU.S.C.
                         552(b) or is otherwise exempted by
                         law."

                         9 TOM (Amended]
                           5. In 9 701.4. paragraph (a)(4) is
revised to read as follows; "(4) The
request shall be addressed to the
Freedom of Information Officer,
National Railroad Passenger
Corporation, 400 North Capitol Street,
NW.. Washington, DC 2f 001."
  6. In 9 701.4. paragrapi (c). remove the
expression "employee handling the
request" and substitute v\ its place the
expression "Freedom of information
Officer."
  7. In 9 701.4. paragraph (d) is revised
to read as follows: "(d) The submission
of a FOIA request constitutes an
agreement by the requester to pay the
fees specified in 9 701.7 unless the
requester is entitled to a fee waiver or
specifies in the request a different
amount to which the Corporation agrees
in writing."
  8. In 9 701.4. a new paragraph (e) is
added to read as follows: "(e) Searches
will be made for requested records in
order of receipt Bach so-called
'continuing request' will be treated as a
one-time request"
  9. Section 701.7 is revised to read as
follows:

9701.7  Fee*.
  (a) Cotegarie* of requestors. There are
four rnlpgnrigs of FOIA requesters:
commeroei DM requesters:
representatives of news media:
educational and noncommercial
scientific institutions; and all other
requesters. The time limits for
processing requests shall begin upon
receipt of a proper request by the
Freedom of Information Office which
reasonably describes the records sought
and which identifies the specific
category of the requester. The Freedom
of Information Refonn Act of 1986
prescribes specific levels of fees for
each of these categories.
  (1) Commercial use requester. When
records are requested for commercial
use. the fee policy of NRPC is to levy full
allowable direct costs for search, review
for release, and duplication of records
sought Commercial users are not
entitled to two hours of free search time
nor 100 free pages of reproduction of
documents nor waiver or reduction of
fees baaed on an assertion that
disclosure would be m the public
interest Commercial use is ripfliwd aa
use that furthers the commercial, trade
or profit interests of the requester or
person on whose behalf the reqneat is
made. In determining whether a
requester falls within the comnerctel
use category. NRPC ahail fint look to
the use to whidra requester wtU pot the
documents requested. Where a
requester doea not explain the use or
where explanation is insufficient NRPC
may draw reasonable inferences from

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15322       Federal Register /  Vol.  52. No. 81 / Tuesday. April 28.  1987 / Rules  and Regulations
the requester's identity and charge fees
accordingly.
  (2) Representatives of the news
media. When records are requested by
representatives of the news media, the
fee policy of NRPC is to levy
reproduction charges only, excluding
charges for the first 100 pages. The term
"representatives of the news  media"
refers to any person actively  gathering
news for an entity that is organized and
operated to publish or broadcast news
to the public. The term "news" means
information that is about current events
or that would be of current interest to
the public.  Examples of news media
entities include television or  radio
stations broadcasting to the public at
large, and publishers of periodicals (but
only in those instances where they can
qualify as disseminators of "news") who
make their products available for
purchase or subscription by the general
public. These examples are not intended
to be all-inclusive. Moreover, as
traditional methods of news  delivery
evolve (e-g.. electronic dissemination of
newspapers through
telecommunications services), such
alternative media would be Included in
this category. "Freelance" journalists
may be regarded as working for a news
organization if they can demonstrate a
solid basis for expecting publication
 through an organization, even though
not actually employed by that entity. To
 be eligible Cor inclusion in this category.
 requesters must meet the criteria
 specified hi this section, and the request
 must not be made for commercial use as
 this term is defined under paragraph
 (a)(l) of this section,
   (3) Educational and noncommercial
 scientific institution requesters. When
 records are requested by an educational
 or noncommercial scientific institution
 whose purpose is scholarly  or scientific
 research, the fee policy of NRPC is to
 levy reproduction charges only.
 excluding charges for the first 100 pages.
 Educational institution referes to a
 preschool a public or private
 elementary or seconderyschool. an
 institution of graduate Hgher eduation,
 an institntioB ot under ggsiiimte higher
 education. aattestitnttsaJe*  piefoooional
 education and an InslHuHeu of
 vocational education, which operates a
 program or programs of scholarly
 research. Noncommercial scientific
 institution refers to an institution that is
 not operated on. a-commercial basis as
 defined under paragraph-(aHl) of this
 section and.whkh is operated solely for
 the purpoae of conducting scientific
 research, thamsoita of which are not
  intended to promote any particular
  product or industry. To be eligible for
inclusion In this category, requesters
must show that the request is being
made under the auspices of a qualifying
institution and that the records are not
sought for commercial use or to further
an individual goal, but are sought in
furtherance of scholarly or scientific
research.
  (4) All other requesters. For other
requesters who do not come under the
purview of paragraphs (a)(l) through
(a)(3) of this section, the fee policy of
NRPC is to levy full reasonable direct
cost of search for and duplication of
records sought, except that the first 100
pages of reproduction and the first two
hours of search time shall be furnished
without charge.
  (b) Aggregating requests. A requester
may not file multiple requests at the
same time, each seeking portions of a
document or documents, in order to
avoid payment of fees. When NRPC
believes that a requester or. on rare
occasions, a group of requesters acting
in concert is attempting to break a
request down into a series or requests
for the purpose of evading the
assessment of fees. NRPC may
aggregate any such requests and charge
accordingly. Before aggregating requests
from more than one requester. NRPC
must have a concrete basis on which to
conclude that the requesters are acting
 in concert and are acting specifically to
 avoid payment of fees. In no case may
 NRPC aggregate multiple requests on
 unrelated subjects from one requester.
   (c) Waiver or reduction of foes. (1)
 NRPC may  waive all fees or levy a
 reduced fee when disclosure of the
 information is deemed to be in the
 public interest because it is likely to
 contribute significantly to public
 understanding of the operations or
 activities of NRPC and is not primarily
 in the commercial interest of the
 requester.
   (2) In determining whether disclosure
 is in the public interest, the following
 factors may be considered:
    (i) The relation of the records to the
 operations or activities of the NRPC;
    (ii) The informative value of the
 information to be disclosed;.
    (iii) Any contnbutian to an,
 understanding of the subject by the
 general public likely to result from
 disclosure;
    (iv) The significance of that
 contribution to thapublic understanding
 of the subject:
    (v) The nature of the requester's
  personal interest if any, in the •
  Information requested; and
    (vi) Whether the disclosure weuld be
  primarily in the requester's commercial
  interest.
  (3) In all cases, the burden shall be on
the requester to present evidence or
information in support of a request for a
waiver of fees.
  (d) Advance payment. (1) When NRPC
estimates or determines that allowable
charges that a requester may be
required to pay are likely to exceed
S2SO. NRPC may require a requester to
make an advance payment of the entire
fee before continuing to process the
request
  (2) When a requester has previously
failed to pay a fee in a timely fashion
(i.e.. within 30 days of the date of the
billing). NRPC may require the requester
to pay the full amount owed plus any
applicable interest as provided in
paragraph (h) and make an advance
payment of the full amount of the
estimated fee before the agency begins
to process a new request or a pending
request from that requester.
   (3) When NRPC acts under paragraph
(d)(l) or (d)(2) of this section, the
administrative time limits prescribed In
subsection (a)(8) of the FOIA (La-10
working days from the receipt af4aittal-
requests and 20 working days front
receipt of appeals from initial denial
plus permissible extensions of ths*e   -
time limits) will begin only after RJ»e
has received-fee payments under
paragraplr(d)tl}or (4X2) ef this.section.
   (e) Pet schedule (IKMtuan/ searche.
for records. NRPC will efaacge $27 per
 hour for the salary and firing* benefits, of
 pereonnetconducting, the search. NRPC
 may assess charges for time spent
 searching, even if itfatiajto'tocate the - -
 records or if records tocdad'are
 determined to be exempt from
 disclosure.
   (2) Computer searches for records. For
 each request NRPC will charge the
 actual direct cost of providing this
 service. This will include the cost of
 operating the central processing unit
 (CPU) for that portion of operating time
 that is directly attributable to search for
 records responsive to the request and
 operator/programmer salary
 apportionable to the search. NRPC may
 assess charges for time spent searching,
 even if it fails to locate the records or tf
 records toasted are determined-to be
 exempt from disclosure^
   (3) Dupiioatfoa mater fflFFbr copies of
 documents reproduced on e standard
 office copying machine in sixes up to 8V4
 x 14 inches, the charge* will be 125 per
                         .        ^
    (H) The fee for reproducing copies of.'
  records over 8% a" 14 Inches or whose
  physical characteristics do not permit
  reproduction byroutine electrostatic
  copying shall'be the direct cosfdf

-------
15412
Corrections
This  section of  the FEDERAL REGISTER
contains  editorial corrections of previously
published Presrienttal.  Rule. Proposed
Rule, and Notice documents  and volumes
ol the Code of Federal Regulations.
These corrections  are prepared by  the
Office of the Federal  Register. Agency
prepared corrections are issued as signed
documents and  appear m  the appropriate
document caagooes  eliMrtwe in the
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Parts 300 and 355

 (FRL-3173-e)

 Extreme* Hanrdou.Suk.ter
 Notmcaflan Raqutramwitv

 Correction
   In rule document 87-9089'beginning on
 page 13378 in the issue of Wednesday.
 April 22.1987. make the following
 corrections?
   1. On page 13385. in the second
 column, in the next to the last
 paragraph, in the second line.
 "important" should read "import".

 PART 355—[CORRECTED]

 Appendix A—(Corrected]
   2. On page 13398. in Appendix A. in
 the entry for CAS No. 62207-76-5, remove
 the extra spaces after "Cobalt." and
 "Ethanediylbie".- •-
   3. On page 13401. in the entry for CAS
 No.4418-66-0. the Chemical name should
 read "Phenol.2,2f-Thiobis(4-Chloro-6-
 Methyl)-".
 Appendix B—{Corrected]

   4. On page-134e5.-tarAppendix B. in
 the entry for CAS No. 97-18-7. the
 Chemical name should read
 "Phenol.2.2'-Thiobis(4.6-dichloro)-".
   5. On page 13410. in the entry for CAS
                                     Federal Register

                                     Veil  52. No 81

                                     Tuesda>. April ZR. 1987
No. 62207-76-5. remove the extra spaces
after "CobalL".
  For an Environmental Protection
Agency correction to this document, see
the Rules Section ol this issue.

•UMOCODE 1HS«tO
DEPARTMENT OF HEALTH AND
HUMAN SERVICES

Food and Drug Administration

21 CFR Part 522

Imptantaflen or InJectaMe Doeage
Form Haw Antmal Drags Wot Subject
to CertMbaUen; Amttaein Sutfste
        (Cawactatfl
  2. In the third column, in § 522.56(a)
 the third line, "or" should read "or*.
      COM im-ot-o
Correction
  In rust document 87-8115 appearing on
page 11816 in the issue of Monday. April
13.1987. make the foBowing corrections:
  1. In the second column, under
SUPPISMENTAMY INFORMATION, in the
llth line. "colT was misspelled.
m
 DEPARTMENT OF TRANSPORTATION

 Federal Aviation Administration

 National Airspace Review
 Enhancement Program: Advisory
 Committee Meeting

 Correction
   In notice document 87-8113 appearing
 on page 11905 in the issue of Monday.
 April 13.1987. make the following
 correction:
   In the first column, under FOR
 FURTHER INFORMATION CONTACT, in the
 fifth line, the  telephone number should
 read "(202) 267-3146".
 BtLUNQ CODE 1S08-01-0

-------

-------
 Wednesday
 May 6, 1987
Part II



Environmental

Protection Agency

40 CFR Part 260 et at
Burning of. Hazardous Waste in Boilers
and Industrial Furnaces; Proposed Rule

-------
  16982
Federal  Register / Vol.  52. No. 87 /  Wednesday.  May 6. 1987  /  Proposed Rules
  ENVIRONMENTAL PROTECTION
  AGENCY

  40 CFR Parts 260,261,264,265,266,
  270, and 271

  (FRL-3153-5)

  Burning of Hazardous Waste In Boilers
  and Industrial Furnaces

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

  SUMMARY: Under this proposal, the
  Environmental Protection Agency (EPA)
  would expand controls on hazardous
  waste combustion to regulate the
  burning of hazardous waste fuels in
  boilers and industrial furnaces.
  Currently, only the burning of hazardous
 waste in incinerators is subject to
 regulation although burning hazardous
 waste fuels in boilers and industnal
 furnaces can pose similar hazards to
 human health and the environment.
 Boilers and industrial furnaces have
 been exempt from regulation pending
 Agency efforts to determine whether
 regulations for burning in these devices
 should differ from those for incineration
 in light of the different scope of
 practices and the different combustion
 devices and  wastes involved. The
 Agency has completed those efforts and
 today proposes to control emissions of
 toxic organic compounds, toxic metals,
 and hydrogen chloride from boilers and
 industrial furnaces burning hazardous
 waste. In addition, today's proposal
 would subject owners and operators of
 these devices to the general facility
 standards applicable to hazardous
 waste treatment, storage, and disposal
 facilities. Further, today's proposal
 would subject hazardous waste fuel
 storage units at burner facilities to Part
 264 permit standards. Burner storage
 operations at existing facilities are
 generally now subject only to interim
 status standards under Part 265.
  Finally, today's rule proposes action
 on two petitions. Based on a petition by
 Dow Chemical Corporation, the Agency
 is proposing to classify halogen acid
 furnaces as industnal furnaces  under
 § 260.10. Based on a petition by the
 American Iron and Steel Institute. EPA
 is proposing to classify coke and coal tar
 fuels produced by recycling coal tar
 decanter sludge. EPA Hazardous Waste
 No. K087, as products rather than solid
 waste.
DATES: EPA will accept public
comments on this proposed rule until
July 6.1987. except that comments on
 he proposal to regulate hazardous
                        waste fuel blending tanks will be
                        accepted until June 5.1987.
                          Public hearings are scheduled as
                        follows:
                          1. Chicago. May 27,1987.
                          2. San Francisco, May 28.1987.
                          3. Arlington. VA, June 5.1987.
                          Requests to present oral testimony
                        must be received by 10 days before each
                        public hearing.
                        ADDRESSES: Comments on this proposed
                        rule should be sent to RCRA Docket
                        Section (WH-562). U.S. Environmental
                        Protection Agency. 401 M Street SW.,
                        Washington. DC 20460 [Attn: Docket No.
                        F-B7-BBFP-FFFFFJ. The public docket is
                        located in Rm. S-212 and is available for
                        viewing from 9 a.m. to 4 p.m.. Monday
                        through Friday, excluding legal holidays.
                        The hearings will be held at the
                        following locations:
                          1. Holiday Inn—O'Hare. 5440 N. River
                        Road. Rosemont, Illinois 60018. May 27.
                        1987.
                          2. Holiday Inn—Fisherman's Wharf,
                        1300 Columbus Avenue, San Francisco.
                        California 94133. May 28.1987.
                          3. Sheraton-National Hotel. Columbia
                        Pike and Washington Blvd., Arlington,
                        VA 22204. June 5.1987.
                          The hearings will begin at 9 a.m. with
                        registration at 8:30 a.m.  and will run
                        until 4:30 p.m. unless concluded earlier.
                        The meetings may be adjourned earlier
                        than the scheduled time if there are no
                        remaining comments. Anyone wishing to
                        make a statement at the hearing should
                        notify, in writing. Mr. William
                        Richardson. Public Participation Office,
                        Office of Solid Waste (WH-562).
                        Environmental Protection Agency, 401 M
                        Street SW.. Washington. DC 20460.
                        Persons wishing to make oral
                        presentations must restrict them to 15
                        minutes and are encouraged to have
                        written copies of their complete
                        comments for inclusion in the official
                        record.
                        FOR FURTHER INFORMATION CONTACT:
                        RCRA HOTLINE, toll free, at (800)424-
                        9346 or at (202) 382-3000. Single copies -
                        of the proposed rule are available by
                        calling the RCRA Hotline. For technical
                        information, contact Dwight Hlustick,
                        Waste Combustion Section, Waste
                       Management Division. Office of Solid
                        Waste. WH-565A.  U.S. Environmental
                       Protection Agency, 401 M Street SW.,
                       Washington. DC 20460. Telephone: (202)
                       382-7917.
                       SUPPLEMENTARY INFORMATION:

                       Preamble Outline
                       Part One: Background
                       I. Legal Authority
                       II. Overview of the Proposed Rule
                       III. Relationship of the Proposed Rule to
                           Other Rules
   A May 19.1980. rules
   B. January 4.1985. redefinition of solid
     waste
   C. November 29.1985. administrative
     controls
   D. TSCA waste PCB rules
   E. Proposed rules for burners of off-
     specification used oil fuels
 IV. Need for Controls
   A Boilers
   B Industnal furnaces
    1. Cement kilns.
    2. Light-weight aggregate kilns.
    3. Lime kilns.
    4 Blast furnace systems.
    5. Sulfur recovery furnaces.
   C. Risks posed by improper burning
 Part Two. Major Regulatory Approaches
 I. Use of National Performance Standards
    with Risk-based Options Versus Case-
    by-Case Risk Assessment for AH
    Facilities
 II. Regulation of Burning for Either  Energy
    Recovery or Destruction
 III. Regulation of Burning Solely for Materials
    Recovery in An Industnal Furnace
 Part Three. Discussion of Proposed Controls
 I. Overview
 II. Overview of EPA's Risk Assessment
   A. Identification of reasonable, worst case
    facilities
    1. Flat terrain modeling.
    2. Complex terrain modeling.
  B. Reference air concentrations for
    systemic toxicants
  C. Risk from Carcinogens
  D. Assumptions Used in the Risk
    Assessment
 UL Proposed Controls for Emissions of Toxic
    Organic Compounds
  A. Hazard posed by combustion of toxic
    organic compounds
  B. Basis for the DRE and CO performance
    standards for toxic organic compounds
    1 Results of emissions testing.
    2. Overview of test program.
    3. Interpretation of test  results.
    4. Basis for the DRE standard.
    5. Basis for the CO standard.
  C. Waiver of trial bum for boilers operated
    under special operating requirements
    1. A minimum of 50 percent of the fuel
    fired to the boiler must be gas.  oil. or
    coal.
    2. Boiler load must be at least 25 percent.
    3. The" hazardous waste fuel, as fired.
    must have a heating value of at least
    8.000 Btu/lb.
    4. The hazardous waste fuel must be
    fired with an atomization firing system.
  D. Start-up and shut-down operations
  E. Waiver of trial bum and CO limits for
    low nsk waste
IV. Proposed Controls for  Emissions of Toxic
    Metals
  A. Hazard posed by combustion of metal-
    bearing wastes
  B. Basis for the metals standards
    1. Overview.
    2. Identification of metals of concern.
    3. Basis for the standards.
    4. Tier I—Tier 111 standards.
    5. Tier IV standards.
    6. Implementation of the metals controls.

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                 Federal Register  /  Vol. 52. No. 87  /  Wednesday. May  6.  1987 / Proposed Rules
                                                                          16983
  C  Impacts of the metals standards on the
    regulated community
V Proposed Controls for Emissions of
    Hydrogen Chloride
  A. Hazard posed by combustion of highly-
    chlorinated waste
  B  Basis for the standards
VI Nontechnical Requirements
VII Proposed Exemption of Small Quantity
    On-site Burners
  A. Scope
  B  Rationale
  C. Basis for selecting quantity limits
    1 Composition of hazardous waste
    stream.
    2. Toxicity of hazardous constituents.
    3 Destruction efficiency.
    4. Clustering and size of sources.
    5 Dispersion
    6 Assumptions regarding metals and
    chlorine in waste fuels.
  D  Exemption of associated storage
VIII. Regulation of Combustion Residuals
  A. Residuals from boilers
  B Residuals from industrial furnaces
Part Four Interim Status Standards and
Permit Procedures
I. Interim Status Standards
  A  General facility standards
  B Operating requirements
    1 Metals and hydrogen chloride
    standards.
    2. Carbon monoxide limits.
  C. Monitoring and inspections
  D  Waste analysis and closure
  E. Prohibition on burning dioxm-containmg
    wastes
  F Exemption of small quantity on-site
    burners
II. Permit Procedures
  A  Proposed 8 270 22. specific Part B
    information
    1 Boilers operated under special
    conditions for conformance with organic
    emission standard
    2. Waiver of a trial burn to demonstrate
    conformance with the metals emission
    standard.
    3. Waiver of a trial bum to demonstrate
    conformance with the HCl emission
    standard.
   4 Data in lieu of a trial burn
  B. Proposed i 270.65. Special forms of
    permits
    1. Permits for new boilers exempt from
    trial burn requirements.
    2 Permits for new boilers and industrial
    furnaces subject to a trial bum
   3 Permit procedures for interim status
    facilities.
Part Five- Storage Standards. Halogen Acid
Furnaces, and Other Issues
I. Storage
  A. Standards for storage tanks
  B. Proposal to regulate hazardous waste
    fuel blending tanks
II Proposed Designation of Halogen Acid
   Furnaces as Industrial Furnaces
  A Dow's petition
  B Bases for classification as an industrial
   furnace
   1. HAFs are integral components of
   manufacturing process
   2. HAFs recover materials and energy.
   3 HAFs meet industrial furnace criteria
  C. Proposed designation
  D. Regulations applicable to HAFs
HI Proposed Classification of Coke and By-
    Product Coal Tar Containing Tar
    Decanter Sludge (EPA Hazardous Waste
    K087) as a Product
  A AISI petition
  B Process description
  C Basis for proposed approval of the AISI
    petition
IV Notice of Intent to Amend the Subpart O
    Incinerator Standards
V Boilers. Industrial Furnaces, and
    Incinerators are BOAT for HOCs
VI. Classification of Pickle Liquor
VII. Landfill Gas
Part Six: Administrative. Economic, and
Environmental Impacts, and List of Subjects
I  State Authority
  A. Applicability of rules in authorized
    states
  B Effect on state authorization
II Regulatory Impact Analysis
  A. Purpose
  B. Affected population
  C. Cost analysis
    1. Methodology
    2. Results.
  D Economic impacts
    1  Methodology.
    2  Screening analysis results.
    3. Facility level analysis results.
  E. Risk analysis
    1. Methodology
    2. Results.
  F Regulatory flexibility analysis
    1  Methodology.
    2. Results.
  G. Paperwork reduction act
III List of Subiects in 40 CFR Parts 260.261.
    264. 265. 266. 270. and 271
Appendix A—Reference Air Concentrations
    (RACs) for Threshold Constituents
Appendix B—Risk-Specific Doses for
    Carcinogenic Constituents at 10"* Risk
    Level
Appendix C—Example Tier I and Tier fl
    Calculations
  Today's preamble is organized into
six major parts. Part One contains
background information that
summarizes major provisions of the rule.
It also describes how today's rule fits
into the Agency's strategy  for regulating
all burning of hazardous waste. Finally,
this part identifies the combustion units
that would be regulated—boilers and
industrial furnaces—and describes the
hazard that may be posed  by the
uncontrolled burning of hazardous
waste.
  Part Two discusses why the proposed
controls are based on national
performance standards rather than
entirely on case-by-case risk
assessments. This part also discusses
why the rules would apply to the
burning of hazardous waste in boilers or
industrial furnaces irrespective of the
heating value of the waste. Thus, these
rules would supercede the sham
recycling enforcement policy that
heretofore applied the hazardous waste
incinerator standards of Subpart O of
Parts 264 or 265 to the burning of low
heating value hazardous waste in
boilers or industnal furnaces. Under
today's rules, the incinerator standards
of Subpart O would never apply to
boilers and industrial furnaces. This part
also explains that today's rules would
apply to the burning of hazardous waste
in an industnal furnace solely for the
purpose of materials recovery, but also
explains when such burning is deemed
not to involve RCRA solid wastes.
  Part Three discusses the proposed
controls on burning. It explains why
emissions of toxic organic compounds
are controlled with a 99.99 percent
destruction and removal efficiency
(ORE) performance standard coupled
with limits on flue gas carbon monoxide
(CO) levels. The ORE standard would
ensure destruction of organic
constituents  in the hazardous waste fuel
and the CO limits would ensure the
device continuously operates at high
combustion efficiency and. thus, is not
likely to emit incompletely burned
organics at levels that pose significant
risk. This part also discusses the
proposed automatic waiver of a trial
burn for boilers operated  under special
conditions. The special conditions were
developed to ensure that the boiler
continuously operates at high
combustion efficiency when burning
hazardous waste and. thus, achieves at
least a 99.99  percent ORE for
constituents  in the feed, and  has
minimal emission of incompletely
burned organic compounds. In addition.
this part discusses the proposed waiver
of a trial burn and the flue gas carbon
monoxide limits for boilers and
industnal furnaces demonstrated to
bum low risk waste. The  demonstration
is based on projected reasonable, worst-
case emission rates absent those
controls, site-specific dispersion
modeling, and comparison of predicted
ground level concentrations of
pollutants to reference levels. Part Three
also discusses the basis for the proposed
limits on metals and hydrogen chloride
emissions, and the four-tiered approach
to implement those limits: Tier I—
demonstration of compliance with
metals and chlorine specification levels
in the hazardous waste itself, or in the
hazardous waste as fuel (i.e., after
blending); Tier II—demonstration that
the feed rate of metals and chlorine.
considering levels in the hazardous
waste, other fuels, and industrial
furnace feedstocks, does not exceed
prescribed limits: Tier Ill-
demonstration that prescribed emission
rates are not exceeded: and Tier IV—

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16984
Federal  Register / Vol. 52. No.  87 / Wednesday.  May 6. 1987 /  Proposed Rules'
demonstration that reference air
concentrations are not exceeded. An
owner or operator would be in
compliance by demonstrating
conforms nee with any of the tiers In
addition, this part discusses the
proposed exemption of small quantity
onsite burners and the regulation of
combustion residuals.
  Part Four discusses proposed interim
status standards and permit standards
and procedures. In particular, this part
discusses how the CO limits and metals
and HC1 standards would apply during
interim status.
  Part Five discusses subjecting existing
burner storage units currently in interim
status to the Part 264 permit standards
at the same time the boiler or industrial
furnace  is permitted. On-site burners
who accumulate hazardous waste for
less than 90 days, however, will
continue to be subject to the special
requirements under § 262.34. This part
dlso discusses a proposal to designate
halogen acid furnaces as industrial
furnaces and attempts to distinguish
clearly between such furnaces and
incinerators burning halogenated
hazardous waste. In addition, this part
discusses a proposal to classify coke
and coal tar fuels produced by recycling
coal tar  decanter sludge. EPA
Hazardous Waste No. KO87. as
products rather than solid (and
hazardous) waste because the recycling
does not significantly increase the levels
of toxic  constituents in the materials.
Further. Part Five discusses the
Agency's intent to develop conforming
amendments to the incinerator
standards of Subpart O of Parts 264 and
265 to control metals emissions directly
and to ensure that incinerators
continuously operate at high combustion
efficiency to help minimize emissions of
incompletely burned organic
compounds. Finally, this part addresses
two unrelated issues: (1) A proposal to
clarify that the pickle liquor listing.
Hazardous Waste No. KO62. applies to
pickle liquor generated by plants in the
iron and steel industry, not just to plants
that actually produce iron and steel: and
(2) a proposal to amend an exemption
provided in the November 29,1985,
burning  and blending final rule for gas
recovered from hazardous waste
landfills to extend the exemption to
include gas recovered from solid waste
landfills.
  Part Six discusses how the rules
would operate immediately upon
promulgation, even in States authorized
to operate the hazardous waste
program. This part also discusses the
economic impacts the rule would have
on the regulated community. EPA notes
                        that any final rules would be codified
                        differently from today's proposal. The
                        Agency intends to codify these final
                        rules in a new subpart of Part 266.
                        Part One: Background
                        /. Legal Authority
                          These regulations are proposed under
                        the authority of Section 1006. 2002(a),
                        3001. 3004. 3005. and 3007 of the Solid
                        Waste Disposal Act as amended by the
                        Resource Conservation and Recovery
                        Act of 1976, the Quiet Communities Act
                        of 1978. the Solid Waste Disposal Act
                        Amendments of 1980. and the
                        Hazardous and Solid Waste
                        Amendments of 1984.42 U.S.C. 6905,
                        6912(a). 6921,  6924. 6925. and 6927.
                        //. Overview of the Proposed Rule
                          EPA is proposing today to expand
                        controls on burning hazardous waste to
                        regulate burning in boilers and
                        industrial furnaces. These proposed
                        rules are similar to the Agency's
                        standards for owners and operators of
                        hazardous waste incinerators under
                        Parts 264 and 265. Owners and
                        operators of boilers and industrial
                        furnaces would be subject to the general
                        facility standards for hazardous waste
                        treatment, storage, and disposal
                        facilities, including requirements
                        concerning emergency procedures,
                        closure, and financial assurance. Permit
                        requirements  would be similar to those
                        for incinerators1 in that controls would
                        limit the emission of toxic organic
                        compounds, toxic metals, and hydrogen
                        chloride. However, these rules would
                        differ from the controls for incinerators
                        in several important ways. In addition to
                        requiring a 99.99 percent destruction and
                        removal efficiency (DRE) of principal
                        organic hazardous constituents (POHCs)
                        in the hazardous waste feed, these rules
                        would attempt to minimize the emission
                        of incompletely burned organic
                        compounds by limiting the flue gas
                        concentration of carbon monoxide, thus
                        ensuring the device operates
                        continuously at high combustion
                        efficiency. These rules would also
                        provide direct control  of metals
                        emissions, and would  control metals
                        and hydrogen chloride emissions with
                        risk-based standards. In addition, trial
                        burns would be automatically waived
                        for boilers meeting special operating
                        requirements. Finally, to make the rules
                        as cost-effective as possible, we are
                        proposing discretionary alternative
                          1 The incinerator standards of Subpart 0.40 CFR
                        Part 264. control emissions of organic constituents
                        In the waste with a technology-based 99.99%
                        destruction and removal efficiency (DRE) standard.
                        and control particulate and hydrogen chloride
                        emissions with technology-based emission limits.
standards based on a common
principle—ground level concentrations
of pollutants emitted from the facility
must protect public health and the
environment. Thus, today's rules would
have optional requirements, some of
which require site specific risk
assessment.
  These proposed rules would apply to
burning of hazardous waste in boilers
and industrial furnaces irrespective of
whether the waste has minimal energy
value. In addition, these rules would
also apply to the burning of hazardous
waste in an industrial furnace solely for
the purpose of materials recovery.
  These rules would also apply to the
burning of hazardous waste in
nomndustrial as well as industrial
boilers. Thus, these rules would
supercede the November 29.1985.
Administrative Controls that require
owners and operators of nomndustrial
boilers burning hazardous waste fuel to
comply with the incinerator standards of
Subpart O of Parts 264 or 265.
  In addition, these rules would exempt
on-site burners of small quantities of
hazardous waste on the basis that the
extremely small quantities of hazardous
waste involved  are not likely to pose
significant risks.
  Finally, today's proposal would
subject existing hazardous waste
storage facilities used by burners to
final permit standards. Currently,
existing storage operations (in existence
on May 29,1985) at burner facilities are
subject generally only to interim status
storage standards. On-site burners who
accumulate hazardous waste for less
than 90 days, however, will continue to
be subject to the special requirements
under § 262.34.

///. Relationship of the Proposed Rule to
Other Rules
A. May 19,1980, Rules

  The initial hazardous waste
management facility standards
promulgated on May 19,1980. controlled
the burning of hazardous waste in
incinerators, but exempted the burning
of hazardous waste for the purpose of
energy recovery. EPA did not
promulgate controls for the burning of
hazardous waste for energy recovery in
boilers and other devices at that time
because the Agency had not
investigated the extent of the practice,
the risks that may be posed to human
health or the environment, or regulatory
alternatives. Since that time, EPA has
been considering what controls on the
burning of hazardous waste for energy
recovery may be needed. The Agency
accelerated those efforts when the

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                Federal Register / Vol.  52. No. 87 /  Wednesday. May  8. 1987 / Proposed  Rules
                                                                       16985
 Hazardous and Solid Waste
 Amendments of 1984 explicitly required
 the Agency to address the issue.
   Although the 1980 rules exempted the
 burning of hazardous waste for energy
 recovery, the storage and transportation
 of certain hazardous wastes destined for
 energy recovery were regulated prior to
 recycling. The storage and
 transportation of hazardous wastes that
 were listed wastes or sludges were
 regulated when the wastes were bumed
 on-site or sent directly from the
 generator to the burner. When these
 wastes were sent to an intermediate
 processor or blender, however, they
 were considered to be recycled once
 they were processed or blended and.
 thus, exempt from further regulation.
 Wastes that were hazardous solely
 because they exhibited a characteristic
 (and that were not a sludge) were totally
 exempt from  regulation when destined
 to be burned  for energy recovery.
   To ensure that hazardous waste
 typically destined for incineration
 because of its low heating value was not
 burned in a boiler or industrial furnace.
 ostensibly for energy recovery but
 actually to avoid the cost of
 incineration, the Agency developed a
 sham recycling policy in 1983 which was
 of questionable effect. See 48 FR11157
 (March 16,1983). That policy held that if
 a hazardous waste having less that 5.000
 to 8.000 Btu/lb heating value were
 burned in a boiler or industrial furnace.
 it was not burned for its fuel value but
 rather to avoid the cost of incineration.
 As discussed in Section  II of Part Two.
 that policy would be superceded by
 today's proposed rule. Hazardous waste.
 irrespective of its heating value, would
 be subject to today's proposed rule
 when burned in a boiler or industrial
 furnace.

 B  January 4,1985. Redefinition of Solid
 Waste
  On January 4.1985. EPA promulgated
 revisions to the definition of a solid
 waste (50 FR 665) that established, in
 Part 266. a Subpart D for "Hazardous
 Waste Burned for Energy Recovery."
 With one exception explained below.
 that subpart did not change the
 substantive controls established by the
 1980 rules for hazardous waste fuels.
The rule made it clear that listed wastes
and sludges are subject to
 transportation and storage controls prior
 to burning and prior to processing or
blending to produce a waste-derived
 fuel by a person who neither generated
the waste nor burns the fuel. Thus, a
generator could no longer engage in
minimal or incidental processing and
blending of a  listed waste or sludge and
claim that he produced hazardous
waste-derived fuel exempt from
transportation and storage controls.

C. November 29.1985. Administrative
Controls

  On November 29.1985. EPA
promulgated administrative controls for
marketers and burners of hazardous
waste fuels. See 50 FR 49164-49211. That
rule revised the controls on hazardous
waste fuels substantially as follows: (1)
The rule applied storage, transportation.
and certain administrative (paperwork)
controls to all hazardous wastes used as
fuels or used to produce a fuel, and to all
hazardous  waste-derived fuels (i.e.,
wastes that were hazardous solely
because they exhibited a characteristic
were no longer exempt, and hazardous
waste-derived fuels produced by third-
party processors and blenders were no
longer exempt): and (2) the rule
prohibited  the burning of hazardous
waste fuel  in nonindustrial boilers,
unless the boiler complied with the
standards for hazardous waste
incinerators under Subpart O of Parts
264 and 265. Today's proposed rule
would change the November 29 rule by
establishing technical controls for
burners, by allowing nonindustrial
boilers to burn hazardous waste fuels
under those controls, and by eliminating
a paperwork requirement (one-time
notice from a burner to the marketer
certifying that the burner has notified
EPA of his  activities and will burn the
hazardous  waste fuel only in
unrestricted boilers)

D. TSCA Waste PCB Rules

  EPA controls the disposal of wastes
containing  PCBs (polychlorinated
biphenyls)  under authority of the Toxic
Substances Control Act. Standards for
PCB disposal are promulgated at 40 CFR
Part 761 and apply to management
practices including incineration and
burning in boilers.
  Although the Agency is in the process
of integrating the TSCA PCB disposal
rules with the RCRA hazardous waste
rules, that effort has not been
completed. Thus, today's rules do not
apply to waste PCBs. with one important
exception. If a waste PCB is also a
RCRA hazardous waste (e.g.. because it
exhibits a characteristic or because it is
mixed with a RCRA-listed hazardous
waste), any fuel that contains or is
derived from the waste would be subject
to today's rule as well as the TSCA PCB
rules. In practice, this means that the
permitting official would apply the more
stringent of the TSCA or RCRA rules.
E. Proposed Rules for Burners of Off-
Specification Used Oil Fuels
  The Agency will in the future be
proposing management standards for
owners and operators of boilers and
industrial furnaces burning off-
specification  used oil fuels. Any metals
and hydrogen chloride controls deemed
necessary for off-specification used oil
may be patterned after  the rules
proposed here. If the Agency is
concerned about organic emissions from
the burning of certain off-specification
used oil fuels, the Agency may propose
to subject some used oil fuels to the
destruction and removal efficiency and
carbon monoxide standards'proposed
here for hazardous wastes. '
  Today's rules would apply to used oil
only if the used oil is mixed with a
hazardous waste. Used oil that contains
more than 1000 ppm total halogens is
presumed to be mixed with hazardous
waste unless the presumption is
rebutted. See 50 FR 49164 (November 29.
1985).

IV. Need for Controls
  Today's proposed rule would apply to
boilers and industrial furnaces that burn
hazardous waste.2 EPA has defined
boiler, industrial furnace, and
incinerator in 40 CFR 260.10. Under
those definitions, enclosed devices using
controlled flame combustion are
considered to be incinerators if they do
not meet the definition  of a boiler and if
they are  not designated as an industrial
furnace.  Incinerators are regulated
under Subpart O of Parts 264 and 265
Boilers and industrial furnaces would be
regulated under today's rule.
  In this section, we summarize
hazardous waste burning practices in
boilers and industrial furnaces and
describe the risks that can be posed by
improper burning.

A. Boilers
  EPA defines a boiler  in 260.10 as an
enclosed device using controlled flame
combustion and having the following
characteristics: (1) the combustion
chamber and primary energy recovery
section must  be of integral design (e g..
facilities with waste heat recovery
boilers attached to incinerators are not
considered boilers): (2)  thermal energy
recovery efficiency must be at least 60
percent: and (3) at least 75 percent of the
  * As discussed in Section II of Pan Two of the
text, today's rule would apply to the burning of
hazardous wastes in boilers and industrial furnaces
irrespective of the heating value of the hazardous
waste. Thus, these rules would regulate burning in
these devices for energy recovery as well as for the
burning of low heating value wastes (i e . less than
5.000 Btu/lb) for the purpose of destruction

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 16986
Federal  Register / Vol. 52. No. 87 / Wednesday. May  6, 1987 / Proposed Rules
 recovered energy must be "exported"
. 'i.e.. not used for internal uses like
   Cheating of combustion air or fuel, or
     ig combustion air fans or feedwater
     ,s).
   .oday's rule would apply to all boilers
 burning hazardous wastes: 3
 nonmdustnal (residential, commercial.
 and institutional), industrial,  and utility
 boilers. Currently, nomndustrial boilers
 are prohibited from burning hazardous
 wastes unless they are operated in
 conformance with the incinerator
 standards of Subpart O of Parts 264 or
 265. See 50 FR 49192. EPA was
 concerned about the special risks posed
 by the uncontrolled burning of
 hazardous waste in nonmdustrial
 boilers given their typical location, size.
 and operating practices. Given that
 today's proposed rule would establish
 standards designed to be protective
 when hazardous waste is burned in any
 boiler, the rule would eliminate the
distinction between nonmdustrial
boilers on the one hand and industrial
and utility boilers on the other. Once
 today's rule is promulgated (and
effective), any nonmdustrial boilers
burning hazardous waste under Subpart
O of Parts 264 or 265 would be subject to
the Final standards for boilers.
   Based on a mail questionnaire
survey,4'6 EPA believes that
—nroximately 900 boilers burn
     •dous waste fuels. The boilers
      in size from very small  boilers
    - a heat input capacity of less than 5
million (MM) Btu/hr to huge utility-class
boilers with a heat input capacity of
several thousand MM Btu/hr. The
hazardous wastes burned in boilers are
generally  organic by-products from
chemical manufacturing and spent
solvents either generated on-site or by a
similar facility, and have heating values
ranging from 8.000 to 15,000 Btu/lb, with
average values of approximately 10.000
Btu/lb. Many, perhaps 25 percent, of the
boilers bum very small quantities of
hazardous waste—less than 50 gallons/
month. Some boilers, however, burn
hazardous waste as the sole fuel.
Typically, hazardous waste is burned
with fuel oil or natural gas and provides
less than 50 percent of the boiler's fuel
requirements. Less often, hazardous
wastes are cofired with pulverized coal.
stoker coal, or other fuels.
  Based on available data and
information from industry
representatives, hazardous wastes
burned in  boilers usually have low
metals and chlorine content. This is
  ' Except certain hazardous waste exempted by
    '
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                 Federal  Register / Vol.  52. No. 87 / Wednesday. May 6.  1987 / Proposed  Rules
                                                                        16987
   Kilns are operated counterflow with
 solids flow counter-current to
 combustion gases and traveling down -
 the slight incline of the kiln (i.e.. raw
 materials are fed-in to the upper end of
 the kiln, fuel is fired at the lower end.
 and the raw materials get progressively
 hotter as they travel the length of the
 kiln).
   Combustion gases leaving the kiln
 typically contain 6-30% of the feed
 solids as dust, water vapor, up to 30%
 COi. 10-1000 ppm CO, 10-2000 ppm SOj
 and 100-1500 ppm NO,. The gases are
 transported to pollution control
 equipment by an induced draft fan.
 Combustion in the kiln  supplies heat at
 the rate of about 3-6 million Btu per ton
 of product by burning fossil fuel.
 primarily coal. Coal ash and fly ash are
 chemically similar to cement and remain
 with the cement product (i.e.. fly ash is
 removed from exhaust gases as
 discussed below and is often returned to
 the kiln).
   Cement kilns are major sources of
 participate emissions and are regulated
 by EPA and the States.  Kiln emissions
 are controlled by multistage cyclones
 and electrostatic precipitators (ESP) or
 fabric filters. Kiln dust collected from
 primary cyclones and ESPs are generally
 recycled to the kiln feed.
   Cement kilns are typically controlled
 by controlling the fuel firing rate and
 combustion air to maintain temperatures
 between 2.250 to 2,700 "F for
 cementation to clinker formation. Gas
 residence time ranges from greater than
 two seconds for dry process kilns to 10
 seconds for wet process kilns.
   There are approximately 275 cement
 kilns operating in the United States
 today, of which on the order of 20 to 30
 are burning hazardous waste fuel. Given
 that hazardous waste fuel is often
 cofired with coal at a 50 percent firing
 rate, and that the typical cement kiln
 has a total heat input requirement of 160
 million Btu/hr. EPA estimates that 30
 million gallons of hazardous waste are
 burned in cement kilns annually.
   2. Light-weight aggregate kilns. Light-
 weight aggregate (LWA) describes a
 special use aggregate with a specific
 gravity much less than sand and gravel.
 which is used to produce insulation, and
 nonstructural and lightweight structural
 concrete. LWA is produced much like
 cement, but the feedstocks are  special
 clays, pumice, scoria, shale, or slate.
  The LWA kiln is configured much like
 a cement kiln. The raw material is
crushed and introduced  at the upper end
of a rotary kiln. In passing through the
kiln, the materials reach temperatures of
1.900 to 2.100 T. Heat is provided by a
burner at the lower kiln end where
clinker is discharged. Heat requirements
 may range from 3 to 6 million Btu per
 ton of thruput. Fuels include natural gas.
 oil. and coal with a trend toward
 increasing coal use
   LWA kilns are also major sources of
 particulate emissions and are equipped
 with wet scrubbers, fabric filters, or
 electrostatic precipitators (ESPs). Wet
 scrubbers dominate the industry, with
 fabric filters following.
   There are some 30 LWA plants in 24
 States, each with two or more kilns.
 Approximately 25 LWA kilns are
 burning 30 million gallons of hazardous
 waste annually, usually as the sole fuel.
   3. Lime kilns. Lime kilns calcine
 limestone in direct-fired furnaces that
 can be rotary kilns, fluidized bed kilns.
 vertical shaft kilns or rotary hearth
 kilns. Ninety percent of lime production
 in the U.S., however, is produced from
 limestone in horizontal rotary kilns
 similar in configuration to cement kilns.
 The calcination reaction is a
 decomposition to calcium oxide and
 CO> and occurs between 1,350 to 1.650
 "F, with dolomitic limestones
 decomposing at the lower temperatures.
 Lime kilns operate at 1,800 to 2,300 *F
 and require a heat rate of about 7
 million Btu per ton of thruput. Coal
 accounts  for almost 70 percent of the
 fuel used in lime production and natural
 gas is used for some 23 percent of
 production. Oil and other fuels comprise
 the remaining percentage of fuel use.
  Feedstocks are limestones with
 varying amounts of dolomite
 (magnesium carbonates)  and other
 compounds similar to those used in
 cement manufacture. The limestones are
 crushed and dried before feeding. Kiln
 gases exit between 500 to 1.400 °F and
 kiln emissions are controlled with fabric
 filters. ESPs. Ventun scrubbers, and
 gravel bed filters.
  Although test burns with lime kilns
 have demonstrated »hnt they can
 effectively burn hazardous waste fuels.
 EPA is not aware of any lime kilns
 currently burning hazardous waste. EPA
 believes, however, that there is
 considerable interest within the industry
 and that commercial hazardous waste
 fuel burning operations may be initiated
 in the near future.
  4. Blastfurnace systems. A blast
 furnace is a vertical shaft furnace that
 uses carbon in the form of coke to
 reduce iron oxide ores to iron in a
chemically-reducing atmosphere by the
 action of carbon monoxide (CO). CO is
formed primarily by oxidizing carbon
 (i.e.. coke) to CO with preheated air
(blast air).
  Solid  raw materials (ore, coke, flux)
are charged into the top of the blast
furnace and preheated air is "blasted"
through tuyeres near the bottom of the
 furnace. Frequently, hydrocarbon
 additives (gas. liquid, or solid] or oxygen
 are also injected through the tuyeres
 Present practice typically includes
 injecting fuel oil through the tuyeres.
   The gases exiting from the top of the
 furnace (top gas) have high CO levels.
 The top gas from the blast furnace is
 generally cleaned of particulates by
 cyclones and wet scrubbers and then
 used as fuel primarily in air preheating
 stoves and on-site boilers.
   The stoves are vertical furnaces  that
 preheat the blast air by indirect heating
 of the air conveying chambers in the
 stoves to approximately 1.600 "F. The
 stoves are equipped with burners
 capable  of efficiently utilizing blast
 furnace top gas for fuel.
   The boilers are conventional
 stationary steam raising facilities which
 are equipped with fuel burners that are
 also capable of efficiently utilizing blast
 furnace top gas for fuel.
   The top gas is also typically used as
 fuel in coke ovens, reheat furnaces, and
 internal combustion engines. Some of
 the top gas is also wasted by flaring.
 EPA has received data on 18 blast
 furnace system facilities operated by
 seven companies that show that the
 mean top gas utilization at these
 facilities is as follows:

   Blast Furnace Top Gas Utilization as
                 Fuel

                                 Percent
 Stoves  	  41.33
 Boilers	  52.20
 Coke Ovens	  2.03
 Reheat Furnaces	  1.16
 1/C Engines	025
 Venting or Flaring	  3.03

  Source  Letter from Robert L  Champbell. Campbell a
 Pr>nr \stoc Inc. lo Ruben Hollowly EPA (line 2. 1986

   Until recently, hazardous waste was
 blended with fuel oil in about a 50/50
 blend and used as a fuel injectant by  the
 LTV Steel Company. Before the
 company stopped accepting hazardous
 waste fuels in the spring of 1986.
 approximately 25 million gallons of
 hazardous wastes were burned annually
 in five blast furnaces.1 Although EPA is
 not aware of blast furnace systems
 burning hazardous waste fuels at this
 time, the Agency believes that blast
 furnace systems can comply with the
 requirements proposed today, and.  thus.
 safely burn hazardous waste fuels.8
  7 EPA understands that the LTV Steel Company
chose not to comply with the hazardous waste fuel
storage standards that became effective on May 29.
1986. and thus terminated their hazardous waste
fuel activities.
  1 Radian Corporation. Destruction and Removal
ofPOHCs in Iron Making Blast Furnaces. December
31.1985

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16988
Federal  Register / Vol. 52. No. 87 / Wednesday. May 6.  1987 / Proposed  Rulea
  5. Sulfur recovery furnaces. Sulfur
recovery furnaces are used by sulfuric
acid plants to process spent (used]
sulfuric acid and other sulfur bearing
wastes. The spent acid is contaminated
with water, organics, inorganics, and
other materials from prior acid use.
  In the sulfur recovery furnace, spent
acid, elemental sulfur, hydrogen sulfide.
and other sulfur-bearing wastes are
thermally decomposed at elevated
temperatures into sulfur dioxide (SOj),
carbon monoxide (CO), carbon dioxide
(COz). and water vapor. SOj
concentrations are generally up to 14
volume percent and temperatures are
usually controlled to 2,000 *F in order to
reduce formation and emissions of
nitrogen oxides.
  The furnace  is generally a horizontal,
cylindrical, refractory-lined chamber
and the feed sulfur, spent acid and/or
other sulfur-bearing wastes are sprayed
into the furnace where they are
contacted with dried combustion air.
Waste feed rates are controlled to
achieve 8 to 14 percent SOi in furnace
exhaust gases. After cleaning, exhaust
gases are passed through converted
catalyst beds to recover the sulfur.
  When large quantities of spent acid
comprise the feedstock, the reaction
with oxygen in air is endothermic and
supplementary fuel firing is required. A
conventional fuel burner system is
generally installed and combustion
control is typically based on reaction
temperature and excess oxygen. This
conventional burner system may be
used for firing  combustible hazardous
wastes.
  Sulfur recovery plants use emission
control devices to clean the gas stream
prior to entering the converted catalyst
beds to remove participates, metals, and
hydrogen chloride (HCl) to avoid
contaminating or plugging the catalyst
beds. Downstream of the converter
beds, the exit gases are controlled to
limit emissions of sulfur dioxide (SOi)
and acid mist.  Preconverter controls can
be cyclones, scrubbers, electrostatic
precipitators, or gas dryers. Post-
converter controls can be: (1) For SOt
control, alkali absorption systems,
sodium sulfate to bisulfate scrubbers,
and ammonia scrubbers; and (2) for acid
mist control, electrostatic precipitators,
packed bed scrubbers, and molecular
sieves.

C. Risks Posed by Improper Burning
  The burning of hazardous waste in
boilers and industrial furnaces can pose
the same risks as burning in
incinerators. Emissions of incompletely
bumed toxic organic constituents in the
waste, emissions of toxic metal
constituents in the waste, and emissions
                        of hydrochloric acid (HCl) resulting
                        from burning highly-chlorinated wastes
                        can pose significant risk to human
                        health. As discussed in Part Three of
                        this preamble, emissions of toxic organic
                        compounds from poorly-operated boilers
                        and industrial furnaces could result in
                        an increased lifetime cancer risk of 10'*
                        (i.e.. 1 in 10.000) to persons exposed to
                        the maximum annual average ground
                        level concentration. Similarly, emissions
                        of toxic metals from devices burning
                        metal bearing wastes without adequate
                        emission controls could pose risks at
                        those levels. Finally, emissions of
                        hydrogen chloride (HCl) from devices
                        burning highly-chlorinated wastes
                        without adequate emission controls (or
                        without sufficient removal by industrial
                        furnace process chemistry) could result
                        in ground level concentrations of HCl
                        that exceed reference air concentrations
                        considered to be acceptable targets for
                        regulatory purposes.

                        Part Two: Major Regulatory Approaches
                          We discuss in this part of the
                        preamble why we are proposing to base
                        permit requirements on national
                        performance standards with provision
                        for risk-based vanances, rather than
                        solely on site-specific risk assessments
                        for every facility. We also explain here
                        why the proposed rules would apply to
                        the burning of hazardous waste in
                        boilers and industrial furnaces
                        irrespective of the heating value of the
                        waste. This is significant because
                        current regulations subject the burning
                        of low heating value waste in boilers
                        and industrial furnaces to the standards
                        for incinerators in Subpart O of Parts
                        264 or 265.

                        /. Use of National Performance
                        Standards with Risk-Based Options
                        Versus Case-by-Case Risk Assessment
                        for All Facilities
                          Under today's proposed rule, permit
                        requirements for owners and operators
                        of boilers and industrial furnaces would
                        be established as necessary to ensure
                        conformance with national performance
                        standards for the destruction of organic
                        compounds and emissions of metals and
                        hydrogen chloride. The Agency has used
                        nsk assessments of reasonable, worst-
                        case scenarios to develop the standards
                        and to show that the standards are
                        protective (i.e., the metals and HCl
                        standards are entirely risk-based and
                        the technology-based ORE standard for
                        organic compounds has been shown by
                        nsk assessment to be protective in most
                        cases).
                          National performance standards, by
                        design, can be conservative and may
                        tend to overregulale many facilities.
                        Today's rule would also provide a
waiver of the national performance
standard based on site-specific risk
assessments. The destruction and
removal efficiency (ORE) and flue gas
carbon monoxide standards that control
emissions of organic compounds would
be waived for low risk waste. Under the
waiver, the owner or operator must
demonstrate by projecting emission
rates and dispersion modeling that,
absent controls, emissions of organic
compounds would not result in ground
level concentrations that pose adverse
health effects. The metals and hydrogen
chloride (HCl) emissions limits would
also be waived for owners and
operators that demonstrate by
dispersion modeling that reference air
concentrations for the metals and HCl
would not be exceeded. Finally, today's
proposal uses risk assessment to show
that the exemption of small quantity
burners is not likely to pose significant
risk.
  Although the Agency proposes to rely
heavily on the  use of risk assessment to
develop, support, and implement the
rule, we are not proposing to use case-
by-case risk assessments as the sole
basis to determine Permit requirements
for every facility for the reasons
discussed below.
  National performance standards that
are based on the risk posed by
reasonable, worst-case scenarios (or
that are technology-based and shown to
be protective under reasonable, worst-
case scenarios) allow permitting
officials and the applicant to avoid the
cost and time required for emissions
testing requisite for a site-specific risk
assessment. The national performance
standards proposed today ensure the
cost-effective control of emissions by:
(1)  Waiving emissions testing for organic
compounds, metals, and HCl for boilers
operating under special operating
requirements; (2) waiving emissions
testing for metals and HCl for boilers
and industrial  furnaces burning waste
with metals and chlorine levels within
specification levels or waste with metals
and chlorine levels such that the mass
feed rate of metals and chlorine from all
fuels  and industrial furnace feedstocks
will not result  in an exceedance of the
metals or HCl emission limits,  assuming
all  metals are emitted (e.g., no emission
controls) and all chlorine is emitted as
HCl; and (3) exempting burners of small
quantities of waste from virtually ail
requirements. We estimate that small
quantity burners bum less than one
percent of the  hazardous waste being
burned as fuel.
  Using national performance standards
is also more cost-effective than site-
specific risk assessments to establish

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                Federal Register /  Vol. 52.  No. 87 / Wednesday. May  8. 1987 / Proposed  Rules
                                                                        16989
permit conditions even when emissions
testing is required because it avoids the
added time and cost of dispersion
modeling and estimating health effects
from resulting exposures.
  Not only do national performance
standards allow for cost-effective
variances and exemptions, but a site-
specific, risk-based permitting approach
to control organic emissions would be
impractical given the state-of-the-art of
human health and environmental effects
assessments and sampling and analysis
techniques for organic compounds that
may be emitted. We simply do not have
at this time the tools to characterize
fully the emissions from combustion
sources (e.g.,  incinerators, boilers.
automobiles) and the health and
environmental effects data to assess
their impacts. For example, we are able
today to estimate human health effects
for only about 150 of over 400
compounds identified in Appendix VIII
as toxic constituents of hazardous
waste. Further, the types of organic
compounds that can be synthesized in
an improperly-operated combustion
device are not limited to the Appendix
VIII list. Thus, the technology-based
ORE standard is needed to ensure a high
level of destruction that reasonable.
worst-case risk assessment has shown
to be protective."
  In addition, even if the analytical and
health effects tools were in place to
consider the impacts of emissions from
all organic compounds, a risk
assessment that supported the use of a
lower ORE (e.g.. 99.9% or 99.95%) may
not be of value to the regulated
community. The 99.99% ORE standard
and the carbon monoxide limits
proposed today can be met readily.
These standards would ensure that
boilers and industrial furnaces operate
at high combustion efficiency, which is
an efficient, economical operating
practice for most devices.10 Further, to
ensure that a  sufficient degree of
destruction is achieved above the bare-
bones 99% ORE. which is assumed for
the low risk waste exemption (see
Section III.D of Part Three), continuous
  • We note thai the proposed waiver of the ORE
standard (and CO limits) for low nsk waste is only
applicable to wastes containing Appendix VIII
constituents for which the Agency has established
reference air concentrations (for threshold
compounds) or unit nsk estimates (for carcinogens)
Further, the waiver provision requires a
conservative estimate of health effects resulting
from emissions of products of Incomplete
combustion (PICs).
  10 Those few boilers already operating with
sophisticated combustion controls may have to
operate at lower boiler (i.e, thermal) efficiency to
operate at the higher combustion efficiency required
by the proposed carbon monoxide limits Fuel cost
for these boilers may increase somewhat because of
these regulations.
monitoring of carbon monoxide and
oxygen would probably be required
(albeit the limits would not be as
stringent as those proposed today).
Thus, even if a risk assessment
approach were workable for all organic
wastes, it may not prove  to be cost-
effective to the regulated community.
  It should be noted that the proposed
site-specific, risk-based waivers for
metals. HCl,  and low risk waste are
based on an emissions dispersion
analysis under several conservative
assumptions. The analysis does not
consider issues such as the following
that would result in a less conservative
analysis: (1) Current and future
population exposure; (2) less than
lifetime exposure to carcinogens: (3)
whether the site  of maximum ground
level concentration is habitable: (4) total
cancer incidents resulting from
exposure: and (5) microenvironmental or
multimedia exposure (e.g. outdoor
versus indoor air). Addressing these
complex issues in the context of public
hearings would be difficult, expensive.
and time-consuming. Accordingly, the
"risk analyses" and the risk-based
standards described in today's proposed
rule are based on the following
conservative  assumptions: (1) The point
of maximum annual average ground
level concentration of an emission is
used to access potential health impact
irrespective of whether a person resides
at that point of maximum exposure
today; (2) a 70 year lifetime exposure to
that maximum concentration11; and (3)
indoor air contains the equivalent
concentrations of pollutants as outdoor
air.

//. Regulation of Burning for Either
Energy Recovery or Destruction
  Today's proposed rules would
regulate the burning of hazardous waste
in boilers and industrial furnaces
irrespective of the heating value of the
hazardous waste. This proposed rule
would, therefore, supersede the
Agency's current policy of regulating the
burning of low heating value wastes in
these devices as incineration, subject to
the applicable hazardous waste
incinerator standards of Subpart 0 of
Parts 284 or 265.
  As discussed in Section in of Part
One. EPA's May 19.1980. rules regulate
the incineration of hazardous waste but
exempt the burning of hazardous waste
for energy recovery. To ensure that
hazardous waste typically destined for
incineration because of its low heating
value is not burned in a boiler or
industrial furnace, ostensibly for energy
recovery but actually to avoid the cost
of incineration, the Agency developed a
sham recycling policy. The policy was
published in the March 16.1983. Federal
Register and states that EPA considers
any hazardous waste that has less than
5.000 to 8.000 Btu/lb heating value, as
generated, to have minimal heating
value relative to commercial fuels. Thus.
when such low heating value waste is
burned in any enclosed device using
controlled flame combustion—including
boilers and industrial furnaces—it is
considered to be incinerated and the
device is subject to regulation under the
incinerator standards of Subpart 0 of
Parts 264 or 265. This is  the case
irrespective of whether the low heating
value waste is mixed with higher
heating value waste or virgin fuels such
that the mixture has substantial heating
value (i.e.. greater than 5,000 to 8.000
Btu/lb).
  Now that EPA is prepared to propose
controls for boilers and industrial
furnaces burning hazardous waste, we
believe these proposed controls should
apply irrespective of the purpose of such
burning. Normally, the purpose for
which a material is burned makes no
difference in environmental effect.
Accordingly, today's proposed rules are
designed to be protective  irrespective of
the heating value of the hazardous
waste.

///. Regulation of Burning Solely for
Materials Recovery in an Industrial
Furnace
  Today's rule also proposes to regulate
hazardous waste burned in industrial
furnaces for the sole purpose of material
recovery (i.e.. reclamation).12 This
requires the Agency to define more
precisely the circumstances when
secondary materials reclaimed in
industrial furnaces (i.e., burned in
industrial furnaces for the sole purpose
of material recovery) are solid and
hazardous wastes.
  Under current regulations, hazardous
spent materials, listed sludges, and
listed by-products are hazardous wastes
when reclaimed. See § 261.2(c)(3). As
EPA has explained in a number of
Federal Register notices, however, these
materials may cease being solid wastes
at the point of burning for material
recovery in industrial furnaces
depending on the type of secondary
material involved. See 50 FR 630-1
  1' Except thai the 3-mmute maximum average
ground level concentration is used to access health
effects from exposure to HCl.
  » EPA has explained (SO FR 49167) that a
hazardous waste is subject to regulation when
burned in an industrial furnace for both energy
recovery and some other purpose, e g.. for materials
recovery The Issue here is that EPA is proposing to
regulate burning solely for materials recovery.

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16990
Federal  Register / Vol. 52. No. 87 / Wednesday.  May 6. 1987 / Proposed Rules
(January 4,1985) and 50 PR 49167
(November 29.1985). The reason for this
distinction is that regulation of the act of
burning in an industrial furnace could
lead, in some cases, to an impermissible
intrusion into the production process
and so be beyond EPA's authority under
RCRA. Id.
  To date. EPA has indicated that
burning for material recovery of
secondary materials is "indigenous" to
the process in which the industrial
furnace is used and is beyond the
Agency's RCRA jurisdiction. Burning of
"non indigenous" wastes remains within
RCRA authority. Id.
  EPA has suggested that indigenous
secondary materials are those generated
by the process in which the industrial
furnace is normally used, and also might
include secondary materials containing
the same types and concentrations of
Appendix VIII constituents as the raw
materials normally burned  in the
industrial furnace. Id. EPA is proposing
in today's rules that only materials
generated by a process using the same
type of industrial furnace as that in
which burning occurs will be considered
to be indigenous, and so are outside the
Agency's authority when burned
(subject to one exception for secondary
matenals burned in secondary smelting
furnaces discussed below). Thus, by
way of example, if a primary lead
smelter were to burn a listed waste
generated by another smelting process
(for example, primary zinc), the material
would be considered to be indigenous to
smelting furnaces and hence not a solid
waste at the point of burning.
  EPA is proposing this approach for
several reasons. First, deferring
regulation could create a regulatory
loophole whereby clearly nonindigenous
wastes are burned outside the RCRA
framework. Examples are listed      '
electroplating wastes being burned in
smelting furnaces. These electroplating
wastes come from processes unrelated
to smelting, and may contain different
types  of hazardous constituents (for
example, cyanides and hexavalent
chromium) or the same constituents at
higher concentrations than  those
normally found in virgin materials
normally burned in the smelting furnace
(and so in many cases would not be
addressed or contemplated in Clean Air
Act regulations applicable to those
furnaces).
  Second, establishing rules relating to
RCRA jurisdiction (i.e., defining "solid
waste") has proven to be a  difficult task.
Therefore, where possible, EPA will
attempt to indicate jurisdictional limits
unambiguously. EPA believes that
limiting jurisdiction over this type of
burning to wastes generated by different
                        types of furnaces is a clear test. These
                        wastes will all be manifested to the
                        burning site, and so either the origin of
                        the waste will be known from the
                        manifest description, or at least the
                        manifest will state who the generator of
                        the waste is. and hence allow easy
                        identification of the origin of the waste.
                        A more sophisticated test, such as
                        requiring comparison of Appendix VIII
                        constituents in customary virgin
                        materials and in the waste to be burned,
                        appears to the Agency to be overly
                        cumbersome to administer. (As stated
                        below, however, the EPA is specifically
                        soliciting comment on this alternative.)
                          Finally. EPA believes that the types of
                        wastes that are nonindigenous under
                        this approach are those most likely to
                        pose environmental threats by virtue of'
                        being different from the type of material
                        normally burned in the industrial
                        furnace. The electroplating wastes
                        mentioned above are an example. For
                        the same reason, these wastes are the
                        ones most likely to be unrelated to
                        matenals normally bumed. and so the
                        least likely to raise jurisdictional issues
                        relating to interference with normal
                        production.   ,
                          As noted earlier, a further requirement
                        of the jurisdictional test is needed for
                        secondary smelting furnaces. These
                        industnal furnaces bum not only waste
                        generated by other industrial furnaces,
                        but other types  of wastes such as scrap
                        metal or battery plates as well. These
                        materials are indigenous to secondary
                        smelting processes: they are in fact the
                        principal feed material to secondary
                        smelting processes. The proposed rule
                        consequently indicates that secondary
                        smelting furnaces bum indigenous
                        materials not only when they burn
                        materials generated by smelting
                        furnaces, but also when they burn scrap
                        metal and (for secondary lead smelters)
                        battery plates.
                          EPA anticipates the impact of this
                        proposal to be minimal. This is because
                        the Agency is aware of very few types
                        of industrial furnaces that burn non-
                        indigenous hazardous wastes
                        exclusively for material recovery. For
                        example, kilns normally bum hazardous
                        wastes for a dual purpose, as do coke
                        ovens and blast furnaces. In fact, the
                        only type of furnaces we have identified
                        that engage in exclusive reclamation of
                        non-indigenous wastes are smelting
                        furnaces burning electroplating wastes,
                        a  situation seemingly deserving of
                        regulatory control. However, the Agency
                        explicitly solicits comment on whether
                        there are other operations that involve
                        burning of hazardous waste solely for
                        material recovery in an industrial
                        furnace—including information on the
                        types and numbers of facilities.
quantities and types of wastes bumed.
and combustion and emission control
practices.
  The Agency also solicits comment on
alternative jurisdictions! approaches
here. One alternative is to state that
matenals are indigenous only if
generated by the same type of process
as that in which the industrial furnace is
used (rather than the same type of
furnace). For example, a primary lead
smelter burning secondary materials
from pnmary lead smelting would not be
considered to be burning wastes: a
primary smelter burning secondary
materials from primary zinc production
could be considered to be burning
wastes. A second alternative would
involve comparing concentrations of
metal to be  recovered and of Appendix
VIII constituents in the virgin material
feed and the secondary material feed to
an industrial furnace. We request
commenters addressing these
alternatives to present data showing
these types of comparisons. Another
possibility is to combine inquiry into the
waste with  a test based on whether the
material being burned is being bought or
if the furnace operator is paid to burn it.
  The following examples illustrate how
today's proposal would operate. (The
examples assume that wastes from
primary smelting can be Subtitle C
hazardous wastes.)
  l. A primary lead smelter receives an
unlisted by-product from primary zinc
production  which it smelts to recover
contained metal values.
  The by-product is not a solid waste
either before or dunng burning. Unlisted
by-products are not solid wastes when
reclaimed.
  2. A primary lead smelter burns a
metal bearing hazardous solvent as a
partial energy source.
  The solvent is a hazardous waste and
the burning is within the Agency's
jurisdiction. This situation involves
burning wastes as fuel, not for exclusive
material recovery. Industrial furnaces
burning hazardous wastes solely or
partially for energy recovery are within
the Agency's RCRA jurisdiction. 50 FR
at 49171 (November 29.1985).
  3. An  incinerator (i.e.. an enclosed
device using controlled flame
combustion that is not a boiler and is
not designated as an industrial furnace
in § 260.10) bums an unlisted hazardous
by-product  to recover contained metals.
  The by-product is a hazardous waste
and the incinerator is subject to the
existing regulatory standards in subpart
O of Parts 264 and 265. Incinerators are
always deemed to incinerate and not to
recycle. 50 FR 625/3 (January 4.1985):

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                Federal  Register / Vol. 52, No.  87 / Wednesday. May 6. 1987  /  Proposed Rules
                                                                      16991
§§ 261.2(b)(2). 264.340(a)(l). and
265.340(a)(l).
  4. A primary lead smelter receives a
listed by-product from a different
primary lead smelter and resmelts it.
  The listed by-product ceases to be a
waste when it is burned, but is a
hazardous waste up until that point
Thus, it must be manifested to the
smelter and must be stored in
accordance with RCRA standards
(including permit standards). The
resmelting activity is beyond the
Agency's RCRA jurisdiction. Since the
material, when burned, is not a
hazardous waste, the derived-from rule
(§ 261.3(c)(2)(i)j would not apply to the
residue from burning. 50 FR 49167 n.4
(November 29.1985).
  5. A primary lead smelter receives a
listed waste from a nonsmelting process
for metals recovery and resmelts it.
  The material is a hazardous waste
throughout burning as well as before
burning. The burning consequently is
controlled by today's proposed rules.
  6. A primary lead smelter receives a
hazardous waste from another smelting
process which it burns in order to
destroy contained contaminants.
  The material being burned is a
hazardous waste and the burning is
regulated as incineration under subpart
0 because the waste is being burned in
order to destroy it.  §§ 264.340(a](2).
265.340(a)(2).
  7. A primary lead smelter generates
an emission control dust which it
resmelts.
  The emission control dust is not a
solid waste because such continuous in-
house activities are defined as closed
loop reclamation and are excluded from
the  regulatory definition of solid waste.
§ 261.2(e)(l)(iii).

Part Three: Discussion of Proposed
Controls
l. Overview
  Today's proposed rule would
establish national performance
standards to control stack  emissions of
organic compounds, metals, and
hydrogen chloride (HC1) from boilers
and industrial furnaces burning
hazardous waste. The rule would also
apply to these facilities the general
standards applicable to all hazardous
waste treatment, storage, and disposal
facilities (e.g.. closure requirements.
financial requirements, preparedness
and prevention requirements).
  Emissions of organic compounds
would be controlled by a percent
reduction standard for organic
constituents in the  waste. A destruction
and removal efficiency  (DRE) for
principal organic hazardous constituents
(POHCs) of 99.99% would be required
for all wastes except that a 99.9999%
DRE would be required for dioxin-
contaimng listed hazardous wastes.13
Organic emissions would also be
controlled by limiting flue gas carbon
monoxide levels to levels indicative of
high combustion efficiency to ensure
hazardous waste is not burned during
upset conditions. Although the DRE
performance standard is a percent
reduction standard and does not directly
limit the mass emission rate of unburned
constituents—the emission rate
increases as the feed rate increases— a
risk-assessment of reasonable, worst-
case scenarios shows that the standard
would be protective in virtually all of
the scenarios of which EPA is aware.14
  The trial burn to demonstrate
destruction and removal efficiency
(DRE) would be waived for boilers
operating under special operating
requirements designed to ensure that the
boiler achieves a minimum DRE of
99.99%.1B In addition, both the trial  burn
and the carbon monoxide flue gas limits
would be waived for low risk waste.
Under this waiver, the applicant must
demonstrate that, absent these controls.
emissions from the facility would not
pose significant risk to public health.
  Emissions of the metals arsenic,
cadmium, chromium, and lead and of
hydrogen chloride (HCI) would be
controlled by a risk-based, four-tiered
standard. Tiers Mil are national
standards back-calculated from
reference air concentrations (RACs)
using dispersion modeling of reasonable.
worst-case facilities. (We have
developed hypothetical model boilers
and industrial furnaces of each type
known or thought likely to burn
hazardous waste and conducted
dispersion modeling of scenarios
considered to be reasonable worst-case
relative to ambient air impacts.) Tier I is
a hazardous waste specification for
metals and chlorine levels. The
concentration limits apply to the waste
either before or after blending with
other wastes or fuels (i.e.. the limits can
be met by blending). The limits are
conservatively established assuming the
device burns the hazardous waste (or
blended waste) as the sole fuel, and that
all metals in the waste are emitted and
that all chlorine is emitted as HCI. The
Tier II standards limit the total feed
  19 The following wastes are luted in 40 CRF
26131 because they contain chlorinated dioxins and
furani- EPA Hazardous Waste Noa. F020. FOZ1.
F022. F023. F020. and F027
  14 EPA will provide guidance to the permit wntter
to identify situations where the national
performance standards may not be fully protective
  " Boilers burning dioxin-contaimng listed wastes
are not eligible for the tnal bum waiver
rates of metals and chlorine to the
device, considering metals and chlorine
levels and feed rates of the hazardous
waste, other fuel, and industrial furnace
feedstock. Thus, the Tier II standards
allow a waste exceeding the Tier I
metals or chlorine limits to be cofired
with relatively clean fuels  provided that
total metals or chlorine emissions do not
exceed the Tier in risk-based emission
limits. Like the Tier I limits, the Tier II
limits assume that all metals and
chlorine are emitted (i.e.. no credit is
provided for emissions control
equipment). The Tier ID standards are
emission limits for metals and HCI for
which conformance is demonstrated by
emissions testing. Tier IV allows
emissions exceeding the Tier III limits
based on site-specific dispersion
modeling that demonstrates that
emissions from the facility will not
result in exceedances of reference air
concentrations (RACs) established for
lead and HCI. or an aggregate
incremental risk to the maximum
exposed individual (MEI) of 10" * (i.e.. 1
in 100.000) for the carcinogenic metals
arsenic, cadmium, and chromium.
  Finally,  boilers and industrial
furnaces burning small quantities of
waste relative to the fuel requirements
of the device would be exempt from
virtually all requirements given that the
risk posed by such burning would be
insignificant
//. Overview of EPA's Risk Assessment

  The Agency has used risk assessment
to: (1) Show that, absent controls,
emissions of organic compounds, certain
metals, and hydrogen chloride (HCI) can
pose serious health effects; (2) show that
the 99.99% destruction or removal
efficiency (DRE) standard  would be
protective in virtually all scenarios of
which the Agency is aware; and (3)
establish risk-based emission limits for
metals and HCI. The risk assessment
methodology is discussed in detail in the
background document supporting this
proposed rule—Background Information
Document for the Development of
Regulations to Control the Burning of
Hazardous Waste in Boilers and
Industrial Furnaces, Volume III: Risk
Assessment. Engineering-Sciences,
February 1987.'• The methodology is
summarized below for the convenience
of the reader.
  The general  approach involved
identifying a reasonable, worst-case
facility with respect to potential ambient
air impacts for a boiler and each type of
  '• The background document is available from
the National Technical Information Service.
Springfield. VA. Order No PB 8? 173845

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Federal Register /  Vol. 52. No.  87 / Wednesday. May 6.  1987  /  Proposed Rules
industrial furnace known or believed
likely to burn hazardous waste (e.g.,
cement kiln, light-weight aggregate kiln.
blast furnace). The identified facilities
are considered to produce reasonable,
worst-case ground level concentrations
of pollutants when burning hazardous
waste. To show that, absent regulatory
controls, serious health effects could be
posed by burning hazardous waste  and
to show that a 99.99% ORE standard is
protective, we estimated emissions from
the reasonable, worst-case facilities and
used dispersion modeling l7 to predict
ground level concentrations. For
threshold (noncarcinogenic) compounds.
we then compared predicted ground
level concentrations to reference air
concentrations (RACs). For carcinogenic
compounds, we estimated the aggregate
risk to a person residing for a lifetime at
the point of maximum annual average
ground level concentration. To develop
emission limits for lead and HC1, we
back- calculated from the RACs using
the dispersion factors (i.e., ug/ms per
g/s emissions) for the reasonable, worst-
case facilities. Emission limits for the
carcinogenic metals arsenic, cadmium.
and chromium are established by an
 equation that relates the emission of
 each metal to the emission
 corresponding to an incremental risk of
 10"'. The emission corresponding to an
 incremental risk of 10"* is established
 by back- calculating from the risk-
 specific dose (RSD) at a 10~9 nsk level
 for each metal using the dispersion
 factors for the reasonable,  worst-case
 facilities. The equation sums  the ratios
 for all three metals and requires that the
 sum not exceed 1.0.
   We describe below how we identified
 reasonable, worst-case facilities, how
 we developed the RACs, how we are
 addressing the risk posed by
 carcinogens, and the  assumptions  used
 in the risk assessment.
 A. Identification of Reasonable. Worst-
 Case Facilities
   In developing reasonable, worst-case
 facilities, we considered: (1) Actual
 boilers according to information
 obtained from our mail survey: (2) eight
                         hypothetical model boilers ranging in
                         size from 0.4 MM Btu/hr to 400 MM Btu/
                         hr. (3) hypothetical model industrial
                         furnaces for each type of furnace known
                         or considered most likely to burn
                         hazardous waste; (4) the impact of flat
                         versus complex terrain on ambient
                         ground level concentrations IS; and (5)
                         the impact of tip downwash for devices
                         with short stacks (e.g.. small boilers.
                         asphalt plants, sulfur recovery plants).
                           1. Flat terrain modeling. To identify
                         reasonable, worst-case facilities of each
                         type being considered in flat terrain we
                         identified the boiler site representing the
                         95th percentile worst meteorological
                         situation with respect to potential
                         ambient air impacts. This site was
                         identified assuming that a given stack
                         with fixed release properties (i.e..
                         factors  that affect effective stack height
                         such as stack height and stack gas flow
                         rate and temperature) was located at
                         each of the 114 facility sites identified
                         by the mail questionnaire survey. Each
                         site was then modeled using ISCLT and
                         the site having the 95th percentile worst
                         dispersion factor (ug/m8 round level
                         concentration per 1 g/s emission rate)
                         was selected as the reasonable, worst-
                         case site.
                            The reasonable, worst-case facility of
                         each type under consideration was then
                         identified by: (1) for boilers, modeling
                         the actual  boiler and the model boiler
                         with the greatest potential for adverse
                         ambient impacts (considering capacity
                         and stack height) at the reasonable,
                         worst-case site (using ISCLT) and
                         identifying which boiler had the  greatest
                         potential adverse impact on ground
                         level concentrations of pollutants: and
                         (2) for industrial furnaces, locating each
                         model  furnace at the reasonable, worst-
                          case site. Devices with short stacks
                          where tip  downwash could cause high
                          ground level concentrations close to the
                          stack were modeled assuming that a
                          relatively large building was located
                          adjacent to the stack.
   >T The ISCLT (Industrial Source Complex. Long
  Term) model was used to predict maximum annual
  average ground level concentrations for flat terrain.
  The ISCST model was used lo predict maximum 3-
  minute concentrations for HCI in flat terrain In
  addition, the OAQPS Guideline Models LONGZ and
  SHORTZ were used for complex modeling for the
  selected worst-case sites in complex terrain to
  predict maximum annual average and maximum 3-
  mmute concentrations Maximum quarterly average
  concentrations for lead were computed from the
  maximum annual average concentrations by
  multiplying by a factor of 1.6. which represents a
  typical ratio of maximum quarterly to maximum
  annual average concentrations.
                            '• We note that we have established the Tier Mil
                          standards for metals and HCI for two topographic
                          regimes: flat and complex terrain. EPA has defined
                          an intermediate terrain, however, that is
                          noncomplex and nonflat (i.e.. rolling). EPA has
                          recommended dispersion models to address such
                          terrain. Unless the plume from a source drops to
                          ground level a short distance from the slack
                          because of. for example, tip downwash. maximum
                          ground level concentrations would be expected lo
                          increase as a given source were moved from flat
                          terrain lo nonflat. noncomplex terrain and. finally.
                          to complex terrain. Given that the flat terrain
                          standards proposed today may not be protective for
                          nonflat. noncomplex terrain (and that flat terrain
                          standards would apply to facilities not located in
                          complex terrain). EPA is considering developing
                          standards for the final rule for the third type of
                          terrain: nonflat. noncomplex. EPA specifically
                          requests comments on this issue.
  Devices that had approximately the
same potential ambient air impacts were
then grouped together in categories. One
set of categories is based on maximum
annual average concentrations, and
another set is based on maximum 3-
minute concentrations (for HCI). The
Tier I-III metals and HCI standards
discussed below were then established
for each category. The device type
within each category that posed the
greatest potential adverse air impacts
was used to establish the limits for that
category.
   2. Complex terrain modeling. Of the
114 sites identified in the  mail
questionnaire survey, we determined
that 68 were located in areas where the
surrounding terrain within 20 kilometers
of the stack exceeded the stack height.
and were, therefore, considered to be in
complex terrain. (Ground level
concentrations can be much higher in
complex terrain than in flat terrain
because receptors can be elevated by
 the  terrain to levels closer to the
 centerline of the stack emissions plume.)
Thus, standards for facilities in complex
 terrain were developed to address the
 hazard posed to receptors elevated by
 terrain.
   To identify reasonable, worst-case
 facilities in complex terrain, we ranked
 the 114 boiler facilities by potential to
 cause high ground level concentrations
 (irrespective of topography or
 meteorological conditions) by using an
 index that considered facility capacity
 (MM Btu/hr heat input) and stack
 height. We then identified the seven
 boiler sites with the greatest potential
 for high ambient concentrations that
 were also located in complex terrain
 (i.e.. terrain within 20 kilometers of the
 stack exceeded the stack height). At
 each of these seven sites, we used the
 LONGZ and SHORTZ models to predict
 maximum annual average and maximum
 3-mmute concentrations to  model: (1)
 The actual  boiler located at the site; (2)
  the model boiler with the greatest
  potential for adverse ambient impacts-
  (considering capacity and stack height);
  and (3) each model furnace.
    The reasonable, worst-case facility for
  each type of device was then identified
  as the site associated with the highest
  ground level concentrations.
    As with the flat terrain analysis.
  devices having approximately the same
  potential ambient air impacts were
  grouped together in categories. One set
  of categories was developed for
  maximum annual average
  concentrations and another set for
  maximum 3-minute concentrations. Tier
  I-III standards were developed for each
   category and the device within each

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                Federal Register / Vol.  52. No. 87 /  Wednesday. May 6.  1987 / Proposed Rules
                                                                       16993
category that posed the greatest
potential adverse air impacts was used
to establish the limits for that category.
  We estimate that approximately 15-20
percent of the facilities burning
hazardous wastes are located in terrain
which will require that the facilities
meet the complex terrain limits.

B. Reference Air Concentrations for
Systemic Toxicants
  For toxic substances not known to
display carcinogenic properties, there
appears to be an identifiable exposure
threshold below which adverse health
effects usually do not occur.
Noncarcinogenic effects are manifested
when these pollutants are present in
concentrations great enough to
overcome the homeostatic.
compensating, and adaptive
mechanisms of the organism. Thus.
protection against the adverse health
effects of a toxicant is likely to be
achieved by preventing exposure levels
from exceeding the threshold dose, or
the "reference air concentration."
  Reference air concentrations (RACs)
have been derived from oral RfDs for
those threshold compounds listed in
Appendix VIII of 40 CFR Part 261 for
which the Agency has adequate health
effects data (see Appendix A of this
preamble). These oral-based RACs are
subject  to change, and RACs for
additional compounds are likely to be
developed in the near future given that
the Agency has recently established an
internal workgroup (the Inhalation RfD
Workgroup) to develop inhalation
reference doses for use in Agency
programs. That workgroup is expected
to develop a methodology and
inhalation references doses for a
number of chemicals by late 1987. In the
interest of time, the Agency has decided
to propose the oral-based RACs for
purposes of today's  rule rather than to
wait until the internal workgroup
completes its efforts.
  The Agency's reasoning for proposing
RAC's derived from oral RfDs is as
follows:
  1. EPA has developed verified RfDs
and is committed  to establishing RfDs
for all constituents of Agency interest.
The verification process is conducted by
an EPA workgroup,  and the conclusions
and reasoning for these decisions are
publicly available.
  2. The verification process assures
that the critical study is of appropriate
length and quality to derive a health
limit for long-term, life-term protection.
  3. RfDs are based on the best
available information that meet
minimum scientific criteria and may
come from experimental animal studies
or human studies.
  4. RfDs are designed to give long-term -
protection for all members of the
population, including persons uniquely
at risk, such as pregnant women.
growing children, and older men and
women.
  5. RfDs are designated by the Agency
as being  of high, medium, or low
confidence depending on the quality of
the information and the amount of the
supporting data. The criteria for the
confidence rating is discussed in the RfD
decision.
  The Agency used the following
strategy to derive the inhalation
exposure limits proposed today:
  1. Where a verified oral RfD has been
based on an inhalation study, the
inhalation exposure limit will be
calculated directly from the study.
  2. Where a verified oral RfD has been
based on an oral study, we will use a
conversion factor of 1 for route-to-route
extrapolation in deriving an inhalation
limit.
  3. Where there exists appropriate EPA
health documents, such as the Health
Effects Assessments (HEAs) and the
Health Effects and Environmental
Profiles (HEEPs). containing relevant
inhalation toxicity data, the data will be
used in deriving an inhalation exposure
limit. Other agency health documents
(e.g., NIOSH's criteria documents) will
also be considered.
  4. If RfDs or other toxicity data from
agency health documents are not
available, then other sources of toxicity
information will be considered. The
calculation will be in accordance with
the RfD methodology.
  The Agency recognizes the limitations
of route-to-route conversions used to
derive the RACs and is in the process of
examining confounding factors affecting
the conversion such as: (a) the
appropriateness of extrapolating when a
portal of entry is the critical target
organ: (b) first pass effects: and (c)
effect of route upon dosimetry. The
Agency, through its Inhalation RfD
Workgroup, is developing reference
dose values for inhalation exposure, and
many are expected to be available this
year. The Agency will use the available
inhalation RfDs when this rule is
promulgated. If. however, the workgroup
develops inhalation reference doses
prior to promulgation of today's rule that
are substantially different from the
RAC's proposed today and if the revised
inhalation reference dose could be
expected to have a significant adverse
impact on the regulated community, the
Agency will take public comment on the
revised RACs after notice in the Federal
Register.
  As previously stated, the RACs are
derived from oral Reference Doses
(RfDs) for the compounds. An oral RfD
is an estimate of a daily exposure (via
ingestion) for the human population that
is likely to be without an appreciable
risk of deleterious effects even if
exposure occurs daily during a
lifetime.19 The RfD for a specific
chemical is calculated by dividing the
experimentally-determined no-
observed-adverse-effect-level by the
appropriate uncertainty factor(s).
  The Agency is proposing to use the
following equation to convert oral RFDs
to RACs:
RAC (mg/m1)
  RfD (mg/kg-bw/
    day) x body
 weighty, correction
factor x apportionment
       factor

 m* air breathed/day
where:
• RfD is the oral reference dose
• Body weight is assumed to be 70 kg for an
    adult male
• Volume of air breathed by an adult male is
    assumed to be 20 m'/day
• Correction factor for route-to-route
    extrapolation (going from the oral route
    to the inhalation route) IB 1.0
• Factor to apportion the RfD to the intake
    resulting from direct inhalation of the
    compound emitted from the source is 0.25
    (i.e., an individual is assumed to be
    exposed to 75% of the RfD from the
    combination of other sources).
  In today's proposed rule, the RACs
are used to determine if adverse health
effects are likely to result from exposure
to stack emissions by comparing
maximum annual average ground level
concentrations of a pollutant to the
pollutant's RAC. If the RAC is not
exceeded, adverse health effects are not
anticipated. The Agency, however, is
also concerned about the impacts of
short-term (less than 24-hour) exposures.
The ground level concentration of an
emitted pollutant can be an order of
magnitude greater during a 1-minute or
15-minute period of exposure than the
maximum annual average exposure.
This is because,  during the  annual
exposure, the periods of exposure to
high concentrations are balanced by
periods of exposure to low
concentrations as wind speed and
direction varies. Thus, maximum annual
average concentrations are always
  " Current scientific understanding, however.
does not consider this demarcation to be rigid For
brief periods and for small excursions above the
RfD. adverse effects are unlikely in most of the
population On the other hand, several
circumstances can be cited in which particularly
sensitive members of the population suffer adverse
responses at levels well below the RfD. See 51 PR
1627 (January 14.1988)

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Federal Register /  Vol. 52. No.  87 / Wednesday. May 6.  1987 /  Proposed Rules
much lower than short-term exposure
concentrations. On the other hand, the
short-term exposure RAC is also
generally much higher than the life-time
exposure RAC. Nonetheless, in some
cases, short-term exposure may pose a
greater health threat than annual
exposure. Unfortunately, the use of RfDs
limits the development of short-term
acute exposure limits since no
acceptable methodology exists for the
denvation of less than life-time
exposures from RfDs.™ However.
despite this limitation, we are proposing
a short-term (i.e.. 3-minute) RAC for HC1
of 150 mg/m3 based on limited data
documenting a no-observed-effect-level
in animals exposed to HCl via
inhalation.21 We do anticipate.
however, that  short-term RACs for other
compounds will be developed by the
Agency.
C. Risk From Carcinogens
   EPA policy suggests that no threshold
dose can be demonstrated
experimentally for carcinogens. This
leads to the assumption  that an
exposure theoretically would  represent
 some finite level of risk for carcinogens.
' EPA's Carcinogen Assessment Group
 (CAC) has estimated the carcinogenic
 potency for humans exposed  to low
 dose levels of carcinogens (both known
 and suspected human carcinogens). The
 potency factors have been used to
 estimate the unit risk of carcinogenic
 constituents on Appendix VIU. The unit
 risk is the incremental risk to an
 individual exposed fora life-time to
 ambient air containing one microgram of
 the compound per cubic meter of air. We
 have used the available unit risk values
 to calculate risk-specific doses (RSDs)
 for an incremental risk of 10" * (i.e.. 1 in
 100,000). See Appendix B of this
 preamble.
    For purposes of this regulation, the
 Agency is proposing that an incremental
 lifetime risk to the most exposed
  individual (MEI) of 1X10^(1 in 100.000)
  is a reasonable risk. Accordingly, the
  risk based standards proposed today
 ensure that the incremental risk from
  direct inhalation of carcinogenic stack
  emissions does not exceed 1  xlO~*. The
  risks from the individual carcinogens
  are summed to develop an aggregate
                         MEI risk. Thus, the aggregate risk to the
                         MEI is calculated by predicting the
                         maximum annual average ground level
                         concentration for each carcinogenic
                         emission, calculating the ratio of that
                         concentration to the RSD (See Appendix
                         B). and summing the ratios for all
                         carcinogenic compounds. The sum
                         cannot exceed 1 in order for the risk not
                         to exceed IX10-*."
                           We are proposing that a 1 XlO"4
                         lifetime incremental risk level is
                         reasonable for this regulation because
                         the MEI risk posed by coal and oil-fired
                         boilers is generally in the range of
                         1X10'5.83
                           The Agency specifically requests
                         comment on whether aggregate
                         population nsk or cancer incidence (Le..
                         cancer incidents/year) should also be
                         considered in  developing the national
                         emission limits and in the site-specific
                         risk assessments under the various
                         waivers proposed. Thus, both the risk to
                         the MEI and increased cancer incidence
                         could be considered. This approach
                         could be more conservative than
                         considering only MEI risk because, even
                         if the "acceptable" MEI risk level were
                         not exceeded, large population centers
                         may be exposed to emissions such that
                         the increased cancer incidence could be
                         significant. An incremental cancer
                         incidence in the range of 0.1 to 0.5
                         cancers per year could be considered
                         significant. Based on public comment
                         and further thought on how to
                         implement this dual approach (Le..
                         considering both MEI nsk and cancer
                         incidence), the final rule could
                         incorporate both approaches.
                         Alternatively. EPA may provide
                         guidance to the permit writer on  when
                         and how to consider cancer incidence
                          on a case-by-case basis under authority
                          of Section 3005(c) of HSWA.
   "> Memo from Clara Chow thru Reva Rubenstein.
  Characterization and Assessment Division. EPA to
  Robert Holloway. Wane Management Division.
  EPA. entitled "Use of RfDs Versus TLVs for Health
  Criteria." January 13.1987.
   11 Memo from Characterization and Assessment
  Division to Waste Management Division. October 2.
  1988. interpreting results from Kinch. V.H- Drabke
  P (1982). Asaessmq Hit Biological Effects of
  Hydrogen Chloride, Z. Gesamte Hyt, Ihra.
  Crenzgeb 28:107-109.
                            11 We note that the ground level concentrations
                          of interest are the o/jf-tite concentration*. The risk
                          posed by emissions on-srte are more appropriately
                          addressed as an occupational hazard by the
                          Occupational Safety and Health Administration.
                          Thus the Tier IV and low nsk waste risk
                          assessments are baaed on off-site ambient
                          concentrations. EPA specifically requests
                          comments, however, on whether on-slle
                          concentrations should be considered for facilities
                          where people reside on-slte (e g. military bases.
                          college* and universities). (The Tier 1-111 standards'
                          are conservatively based on dispersion modeling
                          that did not consider whether the maximum
                          concentrations were located on-site or off-site.) We
                          note further that the MEI concentration used for this
                          regulation  is more correctly the potential MEI
                          concentration m that it represents the maximum
                          annual average ground level concentration
                          Irrespective of whether a person actually resides at
                          trrat location*
                            " Office of Air Quality Planning and Standards.
                          EPA. Cool and O>1 CaaibatUoa Sutfy Summary
                          and Result*. September 1988 Draft Report.
D. Assumptions Used in the Risk
Assessment

  A number of assumptions, some
conservative and others
nonconservative, have been used in the
risk assessment to simplify the analysis
or to address issues where definitive
data do not exist.
  Conservative assumptions include the
following:
   • Individuals reside at the point of
maximum annual average and maximum
short-term ground level concentration
(for HCl). Further, the risk estimates for
carcinogens assume the individual
resides at the point of maximum annual
average concentration for a 70 year
lifetime.
   • Indoor air contains the same levels
of pollutants as outdoor air.
   • For noncarcinogenic health
determinations, background exposure
already amounts to 75% of the RfD. This
 includes other routes of exposure
 including ingestion and dermal. Thus.
 the boiler or industrial furnace is only
 allowed to contribute 25% of the RfD via
 direct inhalation. The only exception is
 lead where the allowed contnbution is
 10% of the NAAQS. We are allowing a
 lower contribution for lead because
 ambient lead levels in urban areas
 already represent a substantial portion
 (e.g.. one third or more) of the lead
 NAAQS. In addition, the Agency is
 particularly concerned about the health
 risks from lead in light of health effects
 data available since the NAAQS was
 established. The Agency is currently
 reviewing the lead NAAQS to determine
 if it should be lowered.
    Note.—We have not attempted to quantify
 indirect exposure through the food chain.
 mgestton of water contaminated by
 deposition, and dermal exposure because the
 methodology has  noi yet been developed and
 approved for use  in assessing risk from
 combustion sources. We note, however, that
  allowing the source to contribute only 25% of
  the RfD accounts for indirect exposure by
  assuming a person is exposed to 75% of the
  RfD from other sources and other exposure
  pathways. (The Agency has developed such a
  methodology for application to waste
  combustion sources and the Agency's
  Science Advisory Board has reviewed this
  methodology. Assuming Agency-wide
  procedures are developed, a more detailed
  analysis may be applied to boilers and
  furnaces burning hazardous wastes)

    • Risks are considered both for
  pollutants that  are known human
  carcinogens and  those that are known
  animal carcinogens and therefore, are
  suspected human carcinogens.
    Nonconservanve assumptions include
   the following:

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                 Federal Register / Vol. 52. No. 87  /  Wednesday. May 6, 1987 / Proposed Rules
                                                                       16995
    • Although emissions are complex
  mixtures, additive effects of threshold
  compounds and interactive effects of
  threshold or carcinogenic compounds
  have not been considered given the lack
  of information.
   Note.—Additive effects of carcinogenic
  compounds are considered by summing the
  risks for all carcinogens to estimate the
  aggregate risk to the most exposed individual
  fMEl)

   • Ecological effects (i.e.. effects on
  plants and animals) have not been
  considered given the lack of
  information. Adverse effects on plants
  and animals may occur at doses lower
  than the levels that cause adverse
 effects in humans. (The Agency is also
 developing procedures and requesting
 Science Advisory Board review to
 consider ecological effects resulting
 from emissions from waste combustion
 facilities.)

 ///. Proposed Controls for Emissions of
 Toxic Organic Compounds

 A. Hazard Posed by Combustion of
 Toxic Organic Compounds

   The burning of hazardous waste
 containing toxic organic compounds
 (i.e.. organic compounds listed in
 Appendix VIII of 40 CFR Part 261) under
 poor combustion conditions can result in
 substantial emissions  of the original
 compounds which were not burned and
 compounds that result from the partial
 but incomplete combustion of
 constituents in the waste. The quantity
 of toxic organic compounds emitted
 depends on the concentration of the
 compounds in the waste, the waste
 firing rate (i.e.. the percentage of total
 boiler or industrial furnace fuel provided
 by the hazardous waste), and the
 combustion conditions under which the
 waste is burned. The risk posed by the
 emissions depends on  the toxicity of the
 compounds emitted, and the ambient
 levels to which persons are exposed.
 Hypothetical risk assessments show
 that under poor combustion conditions
 that achieve only 99 percent or 99.9
 percent destruction efficiency of organic
 compounds, risks to the maximum
 exposed individual from unbumed
 carcinogenic organics found in
 hazardous waste can result in increased
 lifetime cancer risks of 10~4.24
  *• Engineering-Science. Background Document for
the Development of Regulations To Control the
Burning of Hazardous Waste in Boilers and
Industrial Furnaces Volume III. February 1987
 B. Basis for the ORE and CO
 Performance Standards for Toxic
 Organic Compounds
   The Agency is proposing to control
 the emission of toxic organic compounds
 from boilers and industrial furnaces
 burning hazardous waste with two
 performance standards. A 99.99 percent
 destruction and removal efficiency
 (ORE) standard  for principal organic
 hazardous constituents (POHCs) in the
 waste feed would  ensure that
 constituents in the waste would not be
 emitted at levels that could pose
 significant risk in virtually all scenarios
 of which the Agency is aware.88 In
 addition, flue gas carbon monoxide (CO)
 levels would be  limited to ensure the
 device operates  continuously at high
 combustion efficiency. Thus, when
 burning hazardous waste, these devices
 cannot operate under upset conditions.
 which could lead to significant
 emissions of products of incomplete
 combustion (PICs). typically evidenced
 by smoke emissions. The basis for these
 standards is discussed below.
   1. Results of Emissions Testing. The
 Agency conducted field tests on 11 full-
 scale industrial boilers and 12 industrial
 furnaces. The test results indicate that:
   •  Boilers and industrial furnaces can
 be operated to achieve 99.99 percent
 ORE of POHCs considered difficult to
 destroy— carbon tetrachloride,
 chlorobenzene. trichloroethylene. and
 tetrachloroethylene.
   •  Boilers cofiring hazardous waste
 fuels with fossil fuels where the
 hazardous waste provides less than 50
 percent of the boiler's fuel requirements
 can achieve 99.99 percent DRE of
 POHCs under a wide range of operating
 conditions (e.g.. load changes, waste
 feed rate changes, excess air rate
 changes).
   • When boilers and industrial
 furnaces are operated at high
 combustion efficiency, as evidenced by
 flue gas carbon monoxide (CO) levels of
 less than 100 ppm. DREs exceed 99.99
 percent. Although the tests showed this
 relationship between CO and DRE. there
 was no direct correlation between CO
 (an indicator of combustion efficiency)
 and ORE. Devices clearly operating
 under poor combustion conditions, as
 evidenced, for example, by smoke
 emissions, still achieved 99.99 percent
 DRE. It appears that POHCs are
 immediately destroyed in the flame
zone.
  • Emissions of products of incomplete
combustion (PICs) (i.e.. quantitated
Appendix VIII pollutants that are not
  " Except that a 99 9999% DRE would be required
for dioxin-contaimng listed waste.
 POHCs) generally ranged from 0.5 to 5
 times POHC emission rates.
   •  Emissions of PICs appeared
 generally to increase as combustion
 efficiency decreased as evidenced by
 increased flue gas CO levels.
   •  Emission of total unburned
 hydrocarbons (i.e.. quantified Appendix
 VIII pollutants as well as unburned
 POHCs and other unburned organic
 compounds) clearly increase as
 combustion efficiency decreases as
 evidenced by an increase in flue gas CO
 levels.
   2. Overview of test program. The
 boiler testing program had two primary
 purposes: (1) To determine if boilurs
 operated under steady-state conditions
 to achieve maximum combustion
 efficiency could achieve 99.99 percent
 destruction and removal efficiency
 (DRE) of principal organic hazardous
 constituents (POHCs) in the waste: and
 (2) to determine how changes in
 operating conditions (e.g.. waste firing
 rates, boiler load, excess flue gas
 oxygen levels) would affect the boiler's
 ability to achieve 99.99 percent DRE of
 POHCs—so-called nonsteady-state
 testing.
   To meet the first objective (steady-
 state testing). EPA tested ten boilers
 that represented a wide variety of boiler
 types and sizes and that burned a
 variety of hazardous wastes and
 auxiliary fuels. The boilers ranged in
 type and size from a small 8 million Btu/
 hr fire tube boiler to a 250 million Btu/hr
 water tube boiler. The hazardous wastes
 burned ranged from methanol and
 toluene wastes with a 18.500 Btu/lb
 heating value similar to that of No. 6 fuel
 oil (and which was spiked with
 chlorinated organics for test purposes)
 to a methyl acetate waste with a heating
 value of less than half that of No. 6 fuel
 oil (and which also was spiked with
 chlorinated organics for test purposes).
 Waste firing rates ranged from 100
 percent of the boiler's fuel requirements
 (for a waste having a heating value of
 9.000 Btu/lb and containing 43 percent
 chlorine, by weight) to less than 10
 percent of the boiler's fuel requirements
 on a heat input basis. Boiler auxiliary
 fuels (if any) were natural gas. No. B fuel
 oil. pulverized coal, and waste wood.
  EPA conducted nonsteady-state
 testing on three boilers, one of which
 was also tested under steady-state
 conditions. One boiler was a 140 million
Btu/hr capacity water tube boiler that
could coflre hazardous waste with either
natural gas or No. 6 fuel oil. This boiler
was coflred with a methyl methacrylate
distillation bottom with a heating value
of about 11.500 Btu/lb that was spiked
with carbon tetrachloride and

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16996	Federal Register / Vol. 52. No.  67 / Wednesday. May  6. 1987 / Proposed Rules
monochlorobenzene in concentrations
ranging from 0.4 to 4.5 percent. The
second boiler was a 450 million Btu/hr
capacity water tube bailer also designed
to cofire hazardous waste with natural
gas. This boiler typically operated at a
capacity of 250 million Btu/hr and was
cofired with liquid organic heavy ends
from a butanol/propanol production
unit. The waste had a heating value of
about 12,800 Btu/lb and was spiked with
up to 16 percent carbon tetrachloride,
monochlorobenzene. and
trichlorobenzene. The third boiler was a
170 million Btu/hr capacity water tube.
stoker fired boiler designed to handle an
aqueous sludge for disposal (i.e.,
incineration or destruction). The
aqueous sludge had virtually no heating
value and was fired with pressure-
atomized guns into the combustion zone
just above the coal grate at rates of 12 to
20% of the volume of total boiler feed
(i.e.. sludge plus coal fuel). The sludge
was spiked with 5 to 10%
trichloroethylene or trichlorobenzene as
tracer compounds to determine
destruction and removal efficiencies.
  More than 100 individual stack
emission tests were conducted to
determine the effect on ORE and
emissions of products of incomplete
combustion (PlCs) of: (1) Burning
hazardous waste under conditions of
high and low boiler loads, high and low
excess air rates, high and low waste
firing rates (up to about 50 percent of the
boiler's fuel requirements), and during
soot blowing: (2) burning hazardous
waste while boiler load, excess air rates.
and  waste firing rates were changed:
and  (3] start-up of waste firing
operations.
  The following industrial furnaces
were tested: five cement production
kilns, both dry and wet process types:
two  asphalt aggregate kilns: two light-
weight aggregate production kilns, a
lime production kiln; and a pig iron blast
furnace. The results of these tests should
be indicative of the ability of industrial
furnaces to bum hazardous wastes
efficiently.26 The hazardous wastes
  " The only other mduitnal furnaces known to
 bum hazardous waste as fuel (or to have been
 tested at (ull scale) are sulfur recovery furnaces and
 halogen acid furnaces Although EPA has not
 conducted emissions testing of a sulfur recovery
 furnace and has tested only one type of halogen
 acid furnace U hydrogen chloride production
 furnace), the Agency believes Mich furnace* should
 be able to comply with the standards proposed
 today and. thus, could safely bum hazardous waste.
 The Agency, however, specifically requests
 information on sulfur recovery furnaces, halogen
 acid furnaces, and other industrial furnaces that
 bum hazardous waste, including the types and
 quantities of wastes burned. The Agency also
 requests comments on whether the proposed
 standards would be protective {or industrial
burned in these industrial furnaces
dunng the tests ranged from used oil
spiked with several thousand ppm of
chlorinated solvents to hazardous waste
mixtures containing halogenated and
nonhalogenated solvent recovery
distillation bottoms and spent solvents
from manufacturing processes (e.g.,
paint manufacturing) where chlorine
levels ranged from 1 to 5 percent. The
heating value of the waste fuels ranged
from 10.000 to 18.000 Btu/lb and the
hazardous waste firing rate ranged from
100 percent for the asphalt aggregate
kilns, light-weight aggregate kilns, and
lime kiln to about 5 percent of the heat
input to the blast furnace.
  EPA did not conduct nonsteady-state
testing of industrial furnaces to
determine the range of operating
conditions under which they could be
expected to achieve 99.99 percent DRE
Given that there are five different
categories of industrial furnaces that are
burning (or have burned) hazardous
waste and that some categories have
substantially different types of devices
(e.g., wet versus dry process cement
kilns, drum mix versus batch mix
asphalt operations), EPA believes that
the cost of nonsteady-state testing for
each type of industrial furnace would be
prohibitive. Moreover, the primary
purpose for the boiler nonsteady-state
testing was to determine if operating
conditions could be specified such that
the device could be assumed to be
achieving 99.99 percent DRE without the
need for a trial burn to demonstrate
DRE. Based on the boiler testing. EPA is
proposing an automatic waiver of the
trial burn for owners and operators who
operate the boiler under special
operating requirements. The basis for
that approach is discussed in Section
III.C below. EPA believes that this
approach may  allow many of the 900
boilers burning hazardous waste to
avoid the expense of conducting trial
burns. Given that EPA believes that
there may be only about 50 industrial
furnaces burning hazardous waste and
given the cost of testing five to seven or
more industrial furnaces operated under
nonsleady-state conditions. EPA does
not believe that such a testing program
for industrial furnaces would be cost-
effective. Thus, as discussed below. EPA
 is proposing that owners and operators
 of all industrial furnaces, as well as
 those boilers not operated under  the
 proposed special conditions, conduct
 trial bums to demonstrate conformance
 with the DRE standard.
  3 Interpretation of test results. The
boilers tested under nonsteady-state
conditions achieved 99.99 percent DRE
of POHCs under nearly all operating
conditions tested. It would not be
appropriate, however, to assume that
any boiler burning any hazardous waste
fuel under any waste firing and boiler
operating conditions will achieve 99.99
percent DRE. Although the nonsleady-
state tests varied a number of
parameters over a wide range, some
parameters could not be tested at the
three test sites and other parameters
could not be tested over their full range.
As examples, hazardous waste was not
fired with nonfossil fuels like waste
wood, the maximum waste firing rate
tested was 56 percent on a heat input
basis, the boilers were not operated at
loads below about 25  percent, and
excess oxygen levels in the flue gas did
not exceed 10 percent. Parameters such
as these  can affect boiler combustion
efficiency and, thus, destruction of toxic
organic constituents in the hazardous
waste and emissions of incompletely
burned organics. (See discussion below.)
Although most of the appropriate
parameters were tested at the
"extremes" during one or more of the 11
steady-state tests discussed above, the
boilers were operated during these tests
under constant conditions in an attempt
to achieve peak combustion efficiency.
Thus, we do not know how narrow the
envelope of operating conditions may be
 to ensure peak combustion efficiency
and 99.99 percent DRE for a boiler
already  operating at the "extremes"
 (e.g., burning hazardous waste with a
 heating value of 1.000-8.000 Btu/lb as
 primary  fuel: burning 100 percent
 hazardous waste with a heating value of
less than 9.000 Btu/lb: or operating at a
 very low load). .
   4. Basis for the DRE standard EPA is
 proposing a 9959 percent DRE
 performance standard for POHCs *'
 because it is protective, it can be readily
 achieved by boilers and industrial
 furnaces as discussed above, and It
 would ensure that the Agency's controls
 are consistent for all combustion
 devices—boilers, industrial furnaces.
 and incinerators— that pose similar
 risks.
   Hypothetical risk assessments have
 shown that a 99.99 percent DRE
 standard for POHCs  is protective in
 virtually every scenario of which the
 furnaces not explicitly identified m proposed
 Si 288.34-4 (b) and (c).
   ** Except that, as required for mcmerefora. a
 99.99 percent DRE would be required for the dioxin-
 contaming wastes- EPA Hazardous Wastes FQ20.
 FQZl, FD22. F023. F028. and POZ7 See i ZM 3O(aNZ|

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                 Federal Register / Vol. 52^ No.  87" / Wednesday.. May 6. 1987  /  Proposed Rules
                                                                        16997
  Agency is aware.28 Increased lifetime
  cancer risks to the maximum exposed
  individual would generally be 10 or less.
  Threshold (i.e.. noncarcmogenic) organic
  compounds as well would not be
  expected in hazardous waste burned in
  these devices at  levels that could pose a
  health hazdrd  under the 99.99 percent
  ORE standard.
   It should be  noted, however, that the
  ORE standard  does not directly control
  the mass emission rate (e.g.. pounds per
  hour) of unburned POHC. Although
  there could be hypothetical situations
  where risks from POHCs could be
  significant under a 99.99 percent ORE
  standard (e g.,  boilers or industrial
  furnaces located in urban areas burning
 high  volumes of waste with high
 concentrations of highly potent
 carcinogenic organics), the Agency is
 not aware of any such situations. (See
 Section I of Part Two of this preamble.)
 If. however, during the permit process, it
 appears that high risk scenarios exist.
 permit officials can use the omnibus
 provision of Section 3005(c) of HSWA to
 develop permit requirements, as
 necessary, to protect human health and
 the environment  (e.g., by requiring a
 99.9999 percent ORE. by limiting the feed
 rate of particularly toxic compounds, or
 by setting a mass emission rate).
   EPA specifically requests comments
 on using surrogate compounds in lieu of
 POHCs (actual constituents in the
 waste) to demonstrate DRE during a
 trial burn. To be useful as universal
 surrogates, such compounds must be
 more  difficult to destroy than any
 principal organic constituent in  the
 waste. Thus, the surrogates should have
 a low heat of combustion (e.g.. carbon
 tetrachloride). the conventional index
 for predicting incinerability. In addition.
 in light, of work conducted by the
 University of Dayton Research
 Institute.29 the surrogates should also
 have a high gas phase thermal stability
 under low oxygen conditions (e.g.,
 monochlorobenzene, tnchloroethylene).
 Further, the surrogates need not be
 limited to toxic compounds listing in
 Appendix VIII of  Part 261. Other
 compounds, notably SFS. appear to have
 very high thermal stability and may be
 useful as a universal surrogate.30 To be
  *" Engineering Science Background Informal tan
Document for the Development of Regulations to
Control the Burning of Hazardous Waste in Boilers
ami Industrial Furances Volume III. January 1987
  " Or Barry Dellmger. Michael D. Graham, and
Dubra A Tiney. University of Dayton. Research
Institute. "Predicting Emissions from the Thermal
Processing of Hazardous Wastes". Hazardous
Waste and Hazardous Materials. Volume 3.
Number 3.1988
  30 Or Philip H. Taylor and Dr |ohn Chadboume.
"SK as a Surrogate for Measuring Hazardous
Wrfsie Incinerator Performance", submitted for
 conservative, it appears appropriate to
 select several compounds as
 surrogates—one or two compounds that
 have low heat of combustion, and one or
 two compounds that have high thermal
 stability. Such compounds could be used
 as a universal mixture of surrogates, or
 "POHC soup". EPA specifically requests
 comments on this approach to simplify
 and standardize DRE testing.
   5. Basis for the CO standard. EPA is
 proposing to limit flue gas carbon
 monoxide (CO) levels to ensure that
 boilers and industrial furnaces are
 operated at high combustion efficiency
 when burning hazardous waste. Thus,
 emissions of incompletely burned
 organic compounds are expected to be
 minimized to levels that would not pose
 significant risk.
   a. PIC Emissions. EPA evaluated
 emissions of products of incomplete
 combustion (PICs) by quantifying
 emissions of priority pollutants that
 were not constituents in the waste (and
 evaluated as POHCs). PIC emission
 rates varied from about 0.1 to over 100
 times POHC emission rates, but
 generally ranged from 0.5 to 5 times
 POHC emission rates. Semivolatile PIC
 emissions were nearly always
 insignificant compared to the levels of
 volatile PICs. Thus, large molecular
 weight (senuvolatile) compounds
 apparently were not being synthesized.
 (We note, however, that laboratory
 studies have shown that single
 chlorinated organic compounds can
 produce several chlorinated PICs. These
 PICs were not limited to simple
 fragments of the parent POHC but
 included higher order chlorinated
 organics.)
  Typical chlorinated PICs found during
 the full scale boiler testing included
 chloroform, trichloroethane.
 tetrachloroethylene. dichloromethane.
 chloromethane, and carbon
 tetrachloride. In addition, two
 nonchlorinated PICs were nearly always
 found—benzene and toluene.
  EPA also evaluated dioxin emissions
 from boilers cofired with hazardous
 waste fuel. Emission of chlorinated
 dioxins and chlorinated furans, their
 tetra. penta. hexa. hepta and octa
 homologs. as well as the highly toxic
 isomer.  2.3.73-TCDD were quantified
 during steady-state testing of five
 boilers.3 > Four of the boilers were oil
publication to (ournal of Air Pollution Control
Association. March 1987.
  11 Acurex Corporation. Dioxin Emissions [ram
Industrial Boilers Burning Hazardous Materials.
April 1905.
 gas. or pulverized coal boilers typical of
 those that burn hazardous waste fuels.
 These boilers ranged in capacity from
 100 to 340 MM Btu/hr and fired
 hazardous waste generally at rates of 20
 to 47 percent of total heat input.
 Emissions of total PCDD
 (polychlorinated dibenzo-p-dioxins)
 ranged from less than 0.08 to 1.1
 nanograms/cubic meter of flue gas
 (0.0048—0.068 ppt) 3a and emissions of
 total PCDF (polychlorinated dibenzo-
 furan) ranged from 0.14 to 5.5
 nanograms/cubic meter (0.0084-0.33
 ppt). The highly toxic isomer. 2.3.7.8-
 TCDD, was found in the emission from
 only one boiler and at a level equal to
 the detection limit of 0.002 nanograms/
 cubic meter.
  The fifth test boiler was a 100 MM
 Btu/hr wood-fired stoker boiler. The
 boiler cofired creosote sludge at a 40
 percent heat input firing rate with wood
 chips,  bark, and sawdust. As is typical
 of batch-feed wood-fired stokers, large
 and frequent fluctuations in excess air
 and carbon monoxide emissions were
 indicative of erratic combustion
 conditions. Emissions of total PCDD
 were 76 nanograms/cubic meter of flue
 gas (4.56 ppt). PCDF emissions were not
 determined. Emissions of 2.3.7,8-TCDD
 were not detected at a  detection limit of
 0.002 nanograms/cubic meter (0.00014
 ppt).
  We note that there is a substantial
 degree of uncertainty associated with
 quantifying the emission of unburned
 organics. The test results can over or
 underestimate the emission of unbumed
 organics attributed to burning hazardous
 waste  fuels. Hazardous wastes were
 cofired with fossil fuels during most of
 the test burns. Any fossil fuel PIC was
 included as a PFC generated by the
 hazardous waste. Fossil fuel combustion
 is known typically to generate the PICs
 benzene and toluene and. if the fossii
 fuel contains chlorine (e.g., coal), many
 of the hazardous waste chlorinated PICs
 listed above could also be generated by
 the fossil fuel. In addition, some of the
 organic compounds identified during
 EPA's testing as PICs may. in fact, result
 from contamination from sampling train
 absorbent, laboratory solvents, or from
 such sources as freon leaks from a
 refrigerator used to store samples prior
 to analysis.
  PIC emissions could also be
 underestimated because only those
 organic compounds listed as toxic
constituents of hazardous waste in
Appendix VIII of Part 261 were
quantified and designated as PICs.
Although GC/MS analysis was used to
                                                                                 " ppt parts per trillion.

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16998	Federal Register  / VoL 52. No. 87 /  Wednesday.  May 6. 1987  / Proposed  Rules
quantify about 100 of these compounds.
many other unburned organic
compounds were undoubtedly emitted
Some of these compounds are
undoubtedly toxic even though they are
not listed in Appendix VIII.
  Although additional.research is
needed to understand combustion
reactions where organic constituents in
hazardous waste are first "destroyed"
and where intermediate products of
combustion are formed until ultimately.
and ideally, all hydrocarbons are
converted to carbon dioxide and water.
the available data lead the Agency to
conclude: (1) the risk posed by PIC
emissions is  probably not significant
when combustion devices achieve 99.99
percent ORE of POHCs even though they
may operate at less than maximum
combustion efficiency; and (2)
nonetheless, given  the uncertainties as
to the types and quantities of PICs that
may be emitted when a combustion
device is not operated at high
combustion efficiency, it is prudent to
provide controls that ensure that boilers
and industrial furnaces are operated at
high combustion efficiency when
burning hazardous waste. Both of these
points are discussed below.
   b. Risk from PIC emissions. As
discussed above, test data indicate that
PICs are generally  emitted at rates of
from 0.5 to 5 times  the rate of POHCs.
Given that the preponderance of the
PICs were relatively low molecular
weight, volatile compounds even when
the POHCs were high molecular weight.
semivolatile compounds, and, given that
the carcinogenic PICs have potencies
similar to the POHCs. As discussed
 above, the increased lifetime cancer risk
 from unburned POHC emissions at a
99.99 percent ORE is on the order of 10"'
 or less. Thus, PICs emitted at a rate of
0.5 to 5 times POHC rates would
 increase risks by less than half an order
 of magnitude—to ICT'or less.
   Although some dioxms (e.g., 2,3.7.8-
 TCDD) are orders of magnitude more
 potent than the other PICs (and POHCs)
 identified during the testing program, the
 emission of dioxms and furans were
 found to be virtually insignificant.
 Emission rates for all dioxin and furan
 homologs were converted to 2,3,7.8-
 TCDD emissions equivalents to estimate
 the increased lifetime cancer risk to the
 maximum exposed individual under
 reasonable, worst case scenarios. The
 nsk from dioxin and furan emissions
 appears on the order of 10"'.
    c. Use of CO limits to ensure high
 combustion conditions. Generally
 accepted combustion theory holds that
 low CO (carbon monoxide) flue gas
 levels are indicative of a boiler,
 industrial furnace, or incinerator
operating at high combustion efficiency.
Operating at high combustion efficiency
conditions helps ensure minimum
emissions of unburned (or incompletely
burned) organics.33 In the first stage of
combustion of hazardous waste fuel, the
POHCs are immediately thermally
decomposed in the flame to form other.
usually smaller, compounds termed PICs
(products of incomplete combustion). In
this first stage of combustion, these PICs
are also rapidly decomposed to form
CO.
  The second stage of combustion
involves the oxidation of CO to COj
(carbon dioxide). The CO to COj step is
the slowest (rate controlling) step in the
combustion process because CO is
considered to be more thermally stable
(difficult to oxidize) than other
intermediate products of combustion of
hazardous waste constituents. Since fuel
is continuously being fired, both
combustion stages are occurring
simultaneously
  Using this view of waste combustion.
the "destruction" of a POHC. and
perhaps even the destruction of PICs. is
independent of flue gas CO levels. Thus.
CO flue gas levels cannot be correlated
to ORE for POHCs and may not
correlate well with PIC destruction. (As
discussed above, test data show no
correlation between CO and ORE, a
slight apparent correlation between CO
and chlorinated PICs. and a fair
correlation between CO and total
unburned hydrocarbons.) Low CO is an
indicator of the status of the CO to CO,
conversion process, the last, rate-
limiting oxidation process. Since
oxidation of CO to COs occurs after
destruction of the POHC and its (other)
intermediates  (PICs). the absence of CO
is a useful indication of POHC and PIC
destruction. The presence of high  levels
of CO in the flue gas is a useful
indication of inefficient combustion and,
 at some level of elevated CO flue gas
concentration, an indication of failure of
 the PIC and POHC destruction process.
 We believe it is necessary to limit CO
 levels to levels indicative of high
 combustion efficiency because we do
 not know the precise CO level that is
 indicative of significant failure of the
 PIC and POHC destruction process. In
 fact, that critical CO level may be
dependent on site-specific and event-
specific factors (e.g. fuel type, fuel mix.
air to fuel ratios, rate and extent of
change of these and other factors that
affect combustion efficiency). We
believe limiting CO levels is also
reasonable because: (1) it is a widely
practiced approach to monitoring
combustion efficiency—many boilers
and industrial furnaces are already
equipped with flue gas oxygen
monitors 34 and some are equipped with
CO monitors; (2) although the
annualized cost of oxygen and CO
monitoring is estimated to be $20.000
(see Section II of Part Six), the monitors
may in part pay for themselves in fuel
savings resulting from operating the
boiler or industrial furnace closer to
maximum combustion efficiency; and (3)
well designed and operated boilers and
industrial furnaces can easily be
operated in conformance with the
proposed CO limits.
   d. Proposed CO limits. The Agency is
proposing the following limits on flue
gas carbon monoxide (CO) levels,
corrected to a 7 percent flue gas oxygen
content.
   " Given thai CO 11 a gross indicator of
 combustion performance, limiting CO may not
 absolutely minimize PIC emissions This is because
 PICs can result from small pockets within the
 combustion zone where adequate time, temperature
 and turbulence have not been provided to oxidize
 completely the combustion products of the POHCs
 Available data, however, indicate that PIC
 emissions do not pose significant nsk when
 combustion devices are operated at high
 combustion efficiency. EPA is conducting additional
 Held and pilot scale testing to address this issue
CO farms
II > 100 ppm average lor
any 60 minute period
(rolling average)
M >500 ppm average tor
any 10 minute period

Consequence ol eiceedmg
limn
waste teed snuiofl withm 10
minute*
immeduie waste feed shutoH
   Both limits would apply. Test burn
 data and discussions with owners and
 operators of boilers and industrial
 furnaces indicate that these CO limits
 are readily achievable.35
   »• Oxygen momtonng'would be required in
 conjunction with CO monitoring to adjust CO levels
 to a common excess air rate indicated by excess
 oxygen content in the fine gas Correcting CO levels
 to a common flue gas oxygen content avoids the
 problem of having (otherwise) high CO levels
 diluted by large quantities of excess air This issue
 is discussed further in the next section of the text
   •• We note, however, that boilers that are well-
 operated (and typically equipped with CO monitors)
 may operate at CO levels of 150 to 250 ppm to
 maximize boiler efficiency To optimize boiler
 efficiency (i e.. minimize the fuel required to
 generate 1.000 Ibs of steam), boilers are operated
 under slightly fuel-rich conditions The energy lost
 from the relatively high stack gas CO levels is more
 than offset by the energy thai would be required to
 heal ambient air fed to the combustion zone to
 increase fuel burnout (i e. CO combustion, and
 combustion of carbon in coal and oil ash) Thus, lo
 meet the proposed CO standards, some well-
 operated, finely-tuned boilers may have to opera IK
 at a lower boiler efficiency to operate at the high
 combustion efficiency required by the proposed CO
 limits EPA believes that few boilers burning
 hazardous waste are currently equipped with CO
 monitors and would be required to operate under
 less thermally efficient conditions under this
 proposal  Nonetheless, the Agency specifically
 requests comments on this issue

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                 Federal Register  /  Vol. 52. No. 87  /  Wednesday. May 6. 1987 / Proposed Rules
                 ^^^^^^^^^^•^•^•^^•'^^••^^^^•^^••^•^^•^••^••••••^^••••^^••i^—^-^^
                                                                       16999
   The 100 ppm limit is indicative of
 steady-state (i.e.. normal), efficient
 combustion conditions. The higher limit
 of 500 ppm and the time weighted
 average for both limits are provided to
 accommodate the CO spikes that
 inevitably occur when hazardous waste
 fuel firing starts or when, for example.
 there is a load change on an industrial
 boiler. Test burn data and discussions
 with owners and operators indicate that
 the proposed limits and duration of
 exceedences will enable owners and
 operators to bring combustion
 conditions back to maximum efficiency
 after normal, routine "upsets" caused  by
 initiating waste firing, load changes, etc.
   Given that CO is a sensitive indicator
 of overall combustion conditions and
 may be a conservative indicator of
 POHC and PIC destruction, we are
 proposing time-weighted averages of
 exceedences rather than fixed limits.
 Fixed limits that do not acknowledge
 inevitable CO spikes and that do not
 give owners and operators time to
 retune combustion conditions could
 actually result in greater emission of
 incompletely burned organics. This is
 because each time hazardous waste
 firing is interrupted. CO will spike and
 emission of incompletely burned
 organics may increase. Thus, any
 controls on CO must stnke a balance
 between the organic emissions that
 result from .an overly-stringent CO limit
 that requires frequent waste feed
 interruptions versus the emissions that
 result from less stringent controls that
 acknowledge inevitable CO spikes.
   We are proposing that the CO limits
 be based on a flue gas oxygen content  of
 7 percent. It is necessary to correct CO
 levels for flue gas oxygen content
 because (otherwise) high CO flue gas
 concentrations could be diluted by high
 rates of excess air. Although a boiler or
 industrial furnace may be operating
 under conditions that result in poor
 combustion efficiency and a high CO
 mass emission rate per unit of time. CO
 flue gas concentrations could be diluted
 to levels that meet the proposed limits  if
 the dev.ce were operated at high excess
 air rates (which in  itself could reduce
 combustion efficiency and increase the
 CO mass emission rate96).
  We are proposing that CO be
 corrected to a flue gas oxygen content of
 7 percent because we believe that the
 majority of boilers  and industrial
 furnaces require flue gas oxygen levels
 of about 7 percent when burning
 hazardous waste at high combustion
  '• High excess air rales can decrease combustion
efficiency by "quenching" the flame with cooler
ambient air resulting in lower combustion zone
temperatures and. ultimately, an unstable flame
 efficiency. We are aware, however, that
 optimum flue gas oxygen levels may
 range from 3 percent to 10 percent for
 these devices. Further, the optimum
 oxygen level to achieve high combustion
 efficiency for a given device will vary
 depending on factors such as fuel mix
 and boiler load. Although large
 combustion devices generally have
 optimum oxygen requirements on the
 low end of the range and smaller units
 on the upper end of the range, we
 believe that a level of 7 percent is
 reasonable given that it is in the middle
 of the range and that the majority of
 devices burning hazardous waste fuels
 have moderate heat input capacities
 (e.g.. 20-150 MM Btu/hr).
   We should note that, for the smaller
 devices with optimum oxygen
 requirements greater than 7 percent, as
 the gap widens between their optimum
 oxygen level and the 7 percent oxygen
 level selected for correcting CO levels,
 the CO limits effectively become more
 stringent. Even though these smaller
 devices may be operating at optimum
 excess air levels (i.e.. at greater than 7
 percent excess  oxygen levels) and
 achieving high combustion efficiency
 and minimum CO levels, the proposed
 correction factor of 7 percent oxygen in
 effect presumes they should be
 operating at a lower excess air level
 Thus, this approach presumes their CO
 levels have been diluted and requires a
 correction to the lower excess oxygen
 rate. For purposes of determining
 compliance with the proposed CO limits.
 their actual CO levels would be
 increased to those that would result
 from the "optimum" excess oxygen level
 of 7 percent.
  Larger devices with optimum oxygen
 levels lower than 7 percent would not be
 adversely affected, since correcting to 7
 percent oxygen would lower their
 measured CO levels.
  EPA specifically requests comments
 on whether the  proposed approach for
 limiting CO levels is appropriate.
 including the proposed limits, averaging
 times, and the requirement to correct
 CO levels to 7 percent flue gas oxygen
 levels. We also  specifically request
 comment on whether a limit is needed
 on the number of CO spikes per unit of
 time in addition to the proposed time-
 weighted average limits. A device could
 be operating during  an extended period
 of frequent combustion upsets without
 necessarily exceeding the proposed
 time-weighted averages. Comments are
requested on this option, including on
appropriate CO trigger spike level (e.g..
300 ppm) and an appropriate limit on the
frequency (e.g., no more than 10 spikes
per 15 minutes). Comments should
 include supporting documentation or
 data for any of the above issues.
   EPA is specifically requesting
 comments on the appropriateness of
 these CO limits for cement kilns.
 Recently, it has come to the Agency's
 attention that cement kirns may have a
 problem meeting the proposed CO
 limits. Apparently, trace organic
 materials in the feedstock are burned-off
 as the feedstock move* through  the kiln
 from the feed end to the hot end where
 fuels are fired. The burning of these
 trace organic materials apparently
 causes cement kilns to have a high
 baseline CO emission rate (e.g.,  200-350
 ppm) that is unrelated to the combustion
 of fuels in the hot end of the kiln.
 Therefore. EPA is requesting comments
 on: (1) Whether a different set of CO
 limits should be implemented for these
 devices (e g., the proposed limits
 superimposed on a baseline CO
 emission rate): or (2) whether another
 monitoring method (e.g., nitrogen
 oxides) should be used for these
 devices. Commenters should document
 their positions keeping in mind that the
 Agency's goal is to provide for
 continuous monitoring of combustion
 efficiency to minimize PIC emissions
 from the burning of hazardous wastes.
   EPA is proposing that if the 100 ppm
 time-weighted average limit is exceeded.
 the hazardous waste feed must be
 shutoff within 10 minutes.  This allows
 the operator time to effect a controlled
 waste shutoff and to switch to another
 fuel. If, however, the 500 ppm tune-
 weighted average limit is exceeded, we
 are proposing that the hazardous waste
 feed be shutoff immediately given that
 the device is in a major upset condition
 and is not operating anywhere close to
 high combustion efficiency.31 Further.
 we are proposing that the hazardous
 waste feed cannot be restarted after a
 required shutoff until the operator
 demonstrates that the device can
 operate at maximum combustion
 efficiency for a reasonable period of
 time. Thus, we are proposing that
 hazardous waste firing cannot resume
 until the device is operated without
 exceeding a time-weighted average CO
 level of 100 ppm for an averaging period
 of not less than 10 minutes nor more
 than 60 minutes. We are proposing the
 GO minute maximum averaging time
  " EPA specifically requests comments on
whether a controlled waste feed shntoff (e-g.. over a
2-mmute period) would be more appropriate than an
immediate shutoff requirement when the 500 ppm
limit is exceeded A controlled shutoff may result m
lower emissions of unbumed organic compounds by
allowing the operator to replace gradually the
hazardous waste with other fuels, thus reducing
"shock" to the combustion process.

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17000          Federal  Register / Vol. 52. No.  87 / Wednesday.  May 6. 1987  / Proposed Rules
period given that it is the basic CO
performance standard indicating high
combustion efficiency. If an operator
can retune his boiler quickly, however.
we do not believe he should have to
wait the 60 minutes required under the
basic CO standard to demonstrate that
his CO levels do not exceed 100 ppm on
average. Given that shorter averaging
periods are actually more stringent
because the operator has less  time to
offset CO levels greater than 100 ppm
with levels lower than 100 ppm, we
believe that shorter periods should be
allowed. A10 minute minimum
averaging period is proposed because it
is short enough to allow operators to
resume burning hazardous waste
quickly once they retune combustion
controls and long enough to demonstrate
that low CO levels can be maintained.
  We are proposing that, if the CO
limits are exceeded an aggregate of 10
times in a calendar month, the owner or
operator must cease burning hazardous
waste and notify the Regional
Administrator in writing within 5
calendar days. In addition, the owner or
operator may not resume burning
hazardous waste unless and until
written permission is received from the
Regional Administrator. Depending on •
the circumstances, the Regional
Administrator may modify the permit
requirements (or place special
conditions on interim status operations)
to ensure that the device can be
operated within the CO limits or to
minimize the risks from emissions of
incompletely burned organics if the
device continues to exceed the limits.
Those special conditions could include
limits on waste firing rates and the types
of waste that may be burned to ensure
that the CO standard can be met. EPA
specifically requests comments on this
approach.
  Finally, EPA is proposing to apply the
CO (and ORE) requirements for blast
furnace systems burning hazardous
waste only to the stoves and boilers
burning the blast furnace off-gas. These
devices use approximately 93 percent of
the off-gas generated (see Part One,
Section IV.B.4 of this preamble). The
remaining off-gas is burned in
miscellaneous devices such as coke
ovens, reheat furnaces, flares, etc. EPA
is proposing not to limit CO (and ORE)
from these burners since they burn such
a small percentage of the off-gas. EPA
specifically requests comments on
whether this approach is appropriate.

C. Waiver of Trial Bums for Boilers
Operated Under Special Operating
Requirements
  The DRE performance standard would
be implemented for boilers and
industrial furnaces very much as it is
currently implemented for incinerators
under Subpart O of Part 264. with one
major exception for certain boilers, as
discussed below. Industrial furnaces
and boilers not operated under certain
special conditions would demonstrate
by conducting a trial burn that they can
achieve the required DRE (99.9999
percent for dioxin-contaming wastes
and 99.99 percent for all other wastes)
for specific organic compounds
identified in the hazardous waste feed.
  As a result of the nonsteady-state
boiler testing discussed above. EPA
believes that boilers operated under the
special operating requirements
discussed below will maintain a hot.
stable, primarily fossil fuel flame
conducive to maintaining high
combustion efficiency, and resulting in
maximum destruction of organic
constituents in the hazardous waste
fuel. EPA believes  that  these boilers will
achieve at least a 99.99 percent DRE of
organic constituents in  the waste, and.
therefore, a trial burn to demonstrate
DRE is not necessary. Thus. EPA is
proposing to waive automatically the
requirement to conduct a trial burn to
demonstrate DRE for boilers operated
under the special operating
requirements.38
  Although the steady-state boiler tests'
indicate that boilers operating outside of
the envelope of the special operating
requirements identified below can also
be operated to achieve maximum
combustion efficiency and at least 99.99
percent DRE. the less the boiler operates
as a primarily fossil fuel burner the
greater the uncertainty that a hot. stable.
and efficient flame can be maintained
continuously. Thus, case-by-case trial
burns would be required for those
boilers (and all industrial furnaces) to
determine that set of operating
conditions necessary to ensure 99.99
percent DRE.
  The special operating requirements
requisite to an automatic waiver of a
trial burn to demonstrate DRE require
that: (1) The boiler must burn at least 50
percent of the fossil fuels oil. gas, or
  " Emissions testing for boilers operating under
Ihe special operating requirements would be
avoided entirely If the hazardous waste meets Ihe
proposed specification levels for certain metals and
chlorine, as discussed in Sections HI and IV of Part
Three of the preamble. We note that even when
emissions testing would no) be required under
today's proposed rule, a permit under Ihe normal
permitting procedures (e g. Part A and Part B permit
applications, opportunity for public hearings) would
still be required See Section I.A.2 of Part Four of
Ihe preamble for an explanation.
coal: (2) the boiler must be operated at a
load of at least 25 percent of its rated
capacity; (3) the hazardous waste fuel
must have a heating value of at least
8.000 Btu/lb: and (4) the hazardous
waste fuel must be fired with an
atomization firing system. In addition to
these special conditions for the waiver
of a trial burn, these boilers, like other
boilers and all industrial furnaces.
would be subject to the carbon
monoxide flue gas limits (implemented
by continuous monitoring of CO and
oxygen) discussed above, and could not
burn hazardous waste during boiler
start-up or shut-down operations. The
basis for these requirements is
discussed below.
  1. A minimum of 50 percent of the fuel
fired to the boiler must be gas. oil or
coal. Cofiring with fossil fuels (or fuels
derived from fossil fuels) as the primary
fuel is required to ensure a hot. stable
flame conducive to destruction of
organic constituents in the waste. Other
fuels (e.g., wood waste) may not provide
hot, stable combustion zone conditions.
  A minimum fossil fuel firing of 50
percent, on a total heat input or volume
input basis, whichever results in the
greater volume of fossil fuel, would be
required to ensure a hot. stable flame.
We are proposing a minimum 50 percent
fossil fuel burning requirement because
nearly all of the nonsteady-state boiler
tests were conducted with hazardous
waste cofired with oil or gas at less than
a 50 percent firing rate. We specifically
request comments and any relevant
supporting data on whether the
proposed 50 percent minimum firing rate
is appropriate.
  2. Boiler load must be at least 25
'percent. We are proposing to limit boiler
load when burning hazardous waste fuel
to 25 percent of the boiler's rated heat
input capacity because the combustion
flame can be cooler and less stable at
very low load factors. At low loads.
higher excess air rates are used to
improve fuel/air mixing. The increased
excess air rates, however, can also cool
the flame zone and even make the flame
unstable (e.g.. as a candle flame flickers
in a  breeze). These conditions can result
in reduced combustion efficiency and
destruction of organic constituents in
the waste. Finally, EPA's nonsteady-
state boiler tests were conducted at
boiler loads of greater than 25 percent.
  We specifically request comment and
supporting documentation on whether
the minimum 25 percent limit on boiler
load is appropriate.
  3. The hazardous waste fuel, as fired.
must have a heating value of at least

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                  Federal Register  / Vol. 52. No.  87 / Wednesday. May 6. 1987 /  Proposed Rules
                                                                          17001
  '8.000 Btu/lb. We are proposing the
  minimum heating value of 8.000 Btu/Ib
  because: (1) It represents the lower
  range of heating values of fossil fuels; (2)
  hazardous waste with a lower heating
  value is not generally burned in
  boilers -19; and (3) few boilers burning
  hazardous waste with a lower heating
  value have been field-tested to
  determine if they can achieve 99.99
  percent ORE and low CO emissions.
    This heating value limit is imposed on
  the waste on an as-fired basis.40 Thus,
  hazardous waste with low heating value
  may be mixed with other wastes or fuels
  to meet the 8.000 Btu/lb limit for the
  mixture. We are  allowing mixing to meet
  this heating value limit even though
  heretofore mixing was not allowed to
  increase heating  value to avoid sham
  recycling because our concern here is
  how the material will burn in a
  regulated and controlled device. Our
  concern with heating value previously
  has been to prevent the sham recycling
  of wastes with de mimmis heating value
  by burning in unregulated boilers and
  industrial furnaces to avoid the cost of
  incineration.
    Although our survey data 4I and
  discussions with  industry
  representatives48 indicate that
  hazardous waste fuels are typically
  cofired  through separate firing nozzles
  rather than blended with fossil fuels
  (except when burned in de mimmis
  quantities), some hazardous waste fuels
  may be blended with fuel oil so that the
  blend is the boiler's sole fuel. In those
  cases where hazardous waste with a
  heating value of less than 8.000 Btu/lb is
  blended with fuel oil or other fossil fuel
 and where the blend is the boiler's sole
  fuel, the owner or operator must show
 by calculation that, after considering the
 quantity of fossil fuel required to raise
 the heating value  of the waste/fuel
 mixture to 8.000 Btu/lb. the remaining
 volume of fossil fuel provides a
  " As discussed in Section II of Part Two of the
 preamble. EPA has heretofore considered the
 burning of hazardous waste with an as-generated
 healing i.ilue at less Ihdn 5.000-8.000 Blu/lb in
 boilers or -nduslridl furnaces to be sham recycling
 subiect to regulation as incineration
  40 We are aware that hazardous waste with a
 healing value less than 8.000 Blu/hr is sometimes
 cofired in the same burner (i e.. firing nozzle) as
 fossil fuel Although the waste Is not physically
 blended before firing, the waste is blended with the
 fossil (or other) fuel in the flame envelope from the
 burner We specifically request comment on
 whether such mixing with high heating value fuels
 after firing meets the objectives of the minimum
 waste healing value requirement, and how an
 dllowance for such mixing could be structured in
 implemenlable and enforceable regulatory language
  4' WESTAT. Final Report for the Survey of
 Waste a$ Fuel Track II. November 1985.
  0 Keystone Center Workshop. February 11.1985.
Meetings with the Council of Industrial Boiler
Owners on December 5.1985 and Octobers. 1488
  minimum of 50 percent of the boiler's
  heat input (or volume input whichever
  results in the greater volume input). This
  will ensure that the boiler meets both
  the waste heating value special
  condition and the fossil fuel firing
  special condition. Thus, this prevents a
  situation, albeit remote, where a 45/55
  percent, waste/fossil fuel blend is fired
  as the sole fuel where the blend has
  heating value of just greater than 8,000
  Btu/lb because of the very low heating
  value of the waste. We  want to preclude
  this situation because such a low
  heating value mixture may not burn with
  the hot, stable flame that the fossil fuel
  firing condition is intended to provide.
   We specifically request comment on
  whether the proposed minimum  8.000
  Btu/lb heating value is appropriate.
   4. The hazardous waste fuel must be
 fired with an Atomization firing system.
 Only liquid wastes fired with an air or
 steam atomizer, a mechanical atomizer,
 or a rotary cup atomizer are eligible for
 the automatic trial bum waiver.
 Hazardous wastes that are solids, or
 liquids fired with  a lance (i.e.,
 essentially a pipe that fires a stream of
 liquid rather than small  droplets into the
 combustion zone) are not eligible.
   An organic compound must be
 vaporized and mixed with air before
 combustion can occur. The quicker the
 waste and its constituents are vaporized
 and the more completely the volatilized
 compounds are mixed with air, the more
 rapid and efficient the combustion and
 destruction of organic constituents.
 Firing systems that atomize liquid
 wastes to form small droplets increase
 the rate of vaporization by providing a
 larger surface area per volume of waste
 to absorb heat from the flame.
  We are proposing to allow the  use of
 virtually all atomization  systems
 commonly used to fire hazardous waste.
 We are. however,  for some types of
 atomizers, proposing to restrict the
 viscosity and maximum size of solids for
 the as-fired hazardous waste to ensure
 that the appropriate droplet size is
 achieved43 and to minimize plugging of
 the firing nozzle. The acceptable
 atomization systems and restrictions on
 waste viscosity and maximum size of
 solids are proposed as follows:
  41 The maximum viscosity is limited to ensure
that resulting droplets will not be loo large for
optimum volatilization. Minimum viscosity is also
limited to ensure that the droplet size is not too
small—to ensure that a "fog" is not formed which
could slow the rale of volatilization and. thus.
combustion by reducing the radiant heat absorption
of the droplets within the "fog."
 TABLE  1.—VISCOSITY AND  PARTICLE
   SIZE LIMITS FOR ATOMIZATION SYS-
   TEMS
Atomization
systems
High pressure air
or steam
atomization
(> 30 psig).
Low pressure air
atomization.
Mechanical
atomization.
Rotary cup
atomization.
Waste
viscosity limits
(SSU)>
150 to 5,000 	
200 to 1.500 	
<150 	
175 to 300 	
'Max,
mum
size of
solids
(mesh)
200
200
200
100
   1SSU: Seconds, Saybolt Universal.

   a. Air or steam atomization. Air or
 steam atomization systems use air or
 steam to break up the fuel into small
 droplets. Under ordinary operations,
 high pressure steam or air provided  at 30
 to 150 psig produces much smaller
 droplets than other atomization systems.
 Because of the cost of providing high
 pressure air and where steam is not
 readily available, low pressure (1-5
 psig) burners are sometimes used. Low
 pressure air atomization burners cannot
 effectively handle the wide range of
 viscosities that the high pressure
 systems can handle.
  b. Mechanical atomization.
 Mechanical atomizers break up the fuel
 into small droplets by forcing it through
 a small, fixed orifice. A strong cyclonic
 or whirling velocity is imparted to the
 fuel before it is released through the
 orifice. Combustion air is provided
 around the periphery of the conical
 spray of fuel. The combination of
 combustion air introduced tangentially
 into the burner and the action of the
 swirling fuel produces effective
 atomization.
  The size of the droplets produced by
 mechanical atomization is  a function
 principally of the fuel viscosity and the
 fuel pressure at the atomizing nozzle.
 Because of the dependence of the
 droplet size on viscosity, mechanical
 atomizers are not applicable above
 viscosities of about 150 SSU. The
 pressure required to produce a droplet
 size conducive to optimum combustion
 efficiency depends on the volatility of
 the fuel. Highly volatile materials can
 volatilize rapidly even from larger
droplets and, thus, can be fired at
pressures of 75 to 150 psig.  Less volatile
fuels may require an atomization
pressure of about 1,000 psig to form

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  17D02
Federal Register  /  VoL 52, N&-87 / Wednesday.  May 6. 1987  / Proposed Rules
 droplets small enough to rapidly
 volatilize.
   Given that fuel pressure is an
 important factor in determining droplet
 size, we believe it would be prudent to
 place requirements on minimum fuel
 pressure.44 Optimum fuel pressure to
 produce an optimum droplet size,
 however, is a function of fuel volatility
 and fuel/air mixing. Thus, it is not
 practicable to propose specific limits on
 minimum fuel pressure. Rather, we are
 proposing that the boiler owner or
 operator be required to maintain fuel
 pressure within the atomization system
 design range considering the viscosity
 and volatility of the waste fuel, the fuel/
 air mixing system, and other appropriate
 parameters. Although this approach
 would entrust the atomization system
 manufacturer or designer (e.g.. if
 designed and fabricated on-site) with
 determining an acceptable fuel pressure
 considering the specifics of the situation.
 we believe it is an acceptable approach.
 If fuel pressure is  not maintained at
 appropriate levels to ensure small
 droplet size and optimum combustion
 efficiency or, if for any other reason the
 boiler does not achieve maximum
 combustion efficiency, the boiler will
 not be able to meet the combustion
 efficiency performance standard—the
 CO flue  gas limits discussed above.46
   Finally, to minimize erosion and
 plugging of the firing nozzle, we are
 proposing to limit  the maximum particle
 size of solids in the as-fired waste to 200
 mesh.
   c. Rotary cup atomization. The rotary
 cup atomizer uses centrifugal force to
 break up the fuel into droplets. It
 consists of an open cup mounted on  a
 hollow shaft. The fuel  is pumped at low
 pressure through the hollow shaft to the
 cup which is rotating at several
  •• Mechanical atomizers are susceptible lo
erosion of the orifices in the firing nozzle. Erosion
can increase the size of the orifice resulting in
decreased fuel pressure and increased droplet size
Limits on minimum fuel pressure, thus, would
ensure thai droplet size remains optimized during
the course of operations by either increasing fuel
pressure as the nozzle erodes and. more likely
replacing an eroded firing nozzle.
  45 As a matter of fact, it could be argued that any
requirements other than the combustion efficiency
performance standard (i.e. the CO limits) are
unnecessary given that ORE is maximized and
emission of incompletely burned organics are
generally minimized at high combustion efficiency
EPA is proposing additional controls because we
believe It is prudent lo be conservative given that
trial bums are automatically waived for boilers
meeting these conditions and that the Agency has
never before used flue gas CO as the sole test of
combustion efficiency and adequacy of destruction
of organic constituents in a waste Further, the
special conditions do not pose • significant burden
on the regulated community, in that industry
representatives have indicated that they agree that
limiting CO to ensure high combustion efficiency is
redsonable
                         thousand revolutions per minute. A thin
                         film of the fuel is centrifugally torn from
                         the tip of the cup. As centrifugal force
                         drives the fuel off the cup. combustion
                         air is admitted in a rotation counter to
                         the direction of the cup. This counter
                         motion of the air breaks up the conical
                         sheets of fuel into droplets and provides
                         turbulence for mixing the droplets with
                         air.
                          Rotary cup atomizers are typically
                         used on smaller boilers (e.g.. less than 30
                         MM Btu/hr heat input) because the
                         maximum capacity of the largest unit is
                         1.400 pounds of fuel per hour. In
                         addition, rotary cup atomizers are not
                         often installed on new boilers because it
                         is difficult to achieve optimum fuel/air
                         mixing over a wide range of fuel flow
                         rates. Rotary cup atomizers are used
                         because they are relatively inexpensive.
                         they can handle fuels with viscosities
                         ranging from 170 to 300 SSU. and they
                         are relatively insensitive to solid
                         impurities in the fuel and  can handle
                         wastes with solids that can pass through
                         a 100 mesh screen.
                          Droplet size is related primarily to the
                         viscosity and flow rate of the waste and
                         rotational speed of the cup. Resulting
                         combustion efficiency is related to
                         volatility of the waste and fuel/air
                         mixing. Although it is impracticable to
                         control these variables in a regulatory
                         context manufacturers and boiler
                         owners and operators have ample
                         experience with rotary cup atomizers to
                         design units that achieve efficient
                         combustion. Thus, we are proposing to
                         require that owners and operators
                         demonstrate that the as-fired waste has
                         a viscosity and volatility within the
                        design parameters of the firing system
                        and limit waste flow rates consistent
                        with the design parameters of the firing
                        system. As discussed above, relative to
                        mechanical atomization systems, if. in
                        fact, the device does not produce droplet
                        sizes and fuel/air ratios conducive to
                        maintaining high combustion efficiency,
                        the boiler will not be able to meet the
                        combustion efficiency performance
                        standard implemented by  limiting flue
                        gas CO levels.

                        D. Start-Up and Shut-Down Operations
                          Combustion devices do  not burn fuels
                        efficiently during start-up  or shut-down
                        operations, as evidenced by smoke
                        emissions and high flue gas CO levels.
                        Thus, we are proposing to prohibit the
                        burning of hazardous waste fuels at
                        these times.46 (We note that EPA's
 incinerator regulations at 40 CFR 264
 and 40 CFR 285 also prohibit the burning
 of hazardous waste during start-up and
 shut down operations.) Boilers operated
 under the special conditions for the
 automatic waiver of a trial bum as well
 as all other boilers and all industrial
 furnaces would be  subject to this
 prohibition.
  We are proposing to allow hazardous
 waste firing once the boiler reaches
 steady-state combustion conditions and
 is achieving maximum combustion
 efficiency. We believe the requirements
 proposed for when a boiler  may resume
 hazardous waste firing after a required
 waste shutoff because of a CO
 exceedance should also apply here. See
 Section III.B.S.d of this part  of the
 preamble. Thus, hazardous  waste firing
 could begin after start-up once the
 operator demonstrates that  the boiler is
 operating without exceeding a time-
 weighted average CO level  of 100 ppm
 for either 10 minutes or 60 minutes.
  With respect to shut-down operations,
 boilers operated under the special
 conditions for the automatic waiver of
 the trial burn could not burn hazardous
 waste when boiler load is less than 25
 percent of the boiler's rated heat input
 capacity. Shut-down conditions for
 boilers conducting trial burns would be
 determined individually. Thus, those
 boilers would be allowed to fire
 hazardous waste fuel at loads of less
 than 25 percent if they demonstrate
 during the trial burn that they can meet
 the DRE performance standard and the
 CO limits when operating at low loads.

 £ Waiver of Trial Burn and CO Limits
 for Low Risk Waste
  A number of hazardous wastes  may
 pose a risk of 107* or less to human
 health even if burned under poor
 combustion conditions—wastes
 containing only relatively low toxicity
 organic compounds like toluene.
 chloromethane. phthalates. benzene.
 methylene chloride, formaldehyde.
 trichloroethene. 1.1,1-trichloroethane.
 tnchlorophenol. or vinylchlonde. and
 wastes containing relatively moderate
 toxicity organic compounds burned at
 low firing rates. In either case, such
 wastes may pose insignificant health
 risk absent the organic emissions
 controls and. thus, should be exempt
 from those controls.
  To address this issue. EPA is
proposing a site-specific, risk-based
                         41 Except that small quantity burners may bum
                        hazardous waste during start-up and shut-down
                        because- (1) they bum extremely small quantities of
                        waste (i e.. less than 1 percent of fuel requirements)
                        and. thus, the nsk posed by PIC emissions resulting
from burning the hazardous waste would be
relatively small compared lo the nsk posed by PIC
emissions resulting from the primary fuel and (2) a
prohibition on such burning would be impractical
for small quantity burners given that they typically
mix their hazardous waste with their primary fuel

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                 Federal Register  /  Vol. 52.  No. 87  /  Wednesday. May 6. 1987  /  Proposed Rules	17003
 waiver of the destruction and removal
 efficiency (DRE) standard, the trial burn.
 and the flue gas CO limits. Under the
 waiver, an owner or operator must
 develop a reasonable, worst-case
 estimate of emissions of organic
 compounds and use dispersion modeling
 to predict maximum annual average
 ground level concentrations. Procedures
 for conducting the risk assessment will
 be provided in a guidance manual for
 permit writers entitled "Guidelines for
 Permit Writers: Permitting Hazardous
 Waste Combustion Facilities Using Risk
 Assessment." That guidance manual is
 referred to as the Risk Assessment
 Guideline or RAG. Those procedures are
 discussed below. For threshold
 compounds, the predicted
 concentrations must be compared to
 reference air concentrations identified in
 the RAG. For carcinogenic compounds,
 the predicted concentrations must be
 used to estimate the increased risk
 resulting from a lifetime exposure to the
 maximum annual average ground level
 concentration. The incremental risk
 cannot exceed an aggregate risk to the
 MEI from all carcinogenic compounds of
 10~9. Risk-specific doses (RSDs)
 corresponding to a 10"'risk are
 provided in Appendix B to this preamble
 and will be included in the RAG.
   To be eligible for the waiver. EPA
 must have identified in the RAG either a
 reference air concentration (RAC) (for
 threshold compounds) or a risk-specific
 doses (RSD) (for carcinogenic
 compounds) for every organic compound
 listed in Appendix VIII of 40 CFR Part
 261 that is a constituent of the waste.
 Clearly, without adequate health effects
 data for a compound, a risk assessment
 cannot be conducted. Unfortunately,
 EPA currently has data adequate for
 establishing RACs and RSDs for only
 about 150 of the over 400 compounds on
 Appendix VIII. A number of wastes
 should nonetheless be eligible for the
 waiver because health effects data are
 available for many of the more common
 constituents. As additional data become
 available and the Agency establishes
 RACs or RSOs for additional compounds
 (or changes RACs or RSOs already
 established), the RAG will be revised to
 incorporate the information. Given that
 the RAG is incorporated by reference in
 today's  proposed rule, any revisions will
 be noticed in the Federal Register as
 required by § 270.6(b).
  The requirements for estimating
emissions, dispersion modeling, and
evaluating health effects are discussed
below. These requirements will be
discussed in detail in the RAG.
   1. Estimating emissions. To estimate
 reasonable, worst-case emissions of
 combined constituents in the waste, the
 owner or operator must: (l) Identify
 every Appendix VIII organic constituent
 that could reasonably be expected to be
 found in the waste; (2) assume a
 reasonable, worst-case DRE (destruction
 and removal efficiency) for each
 constituent of 99%. and (3) assume a
 reasonable, worst-case emission rate of
 PICs (products of incomplete
 combustion] using a PIC/POHC
 emissions ratio of 5 to 1 (i.e., 5 grams  of
 PICs are emitted per gram of unburned
 POHC at 99% DRE). For purposes of this
 waiver, a POHC is any Appendix VIII
 constituent found in the waste at
 detectable levels using analytical
 procedures specified by "Test Methods
 for Evaluating Solid Waste. Physical/
 Chemical Methods", EPA Publication
 SW-646 (See § 260.11).
   A DRE of 99% is considered very
 conservative given that we never
 measured a DRE of less than 99.9%
 dunng the nonsteady-state testing of
 three boilers that were intentionally
 operated during upset conditions as
 evidenced by high CO and smoke
 emissions. A DRE of just less than 99.9%
 (but greater than 99%) was recorded
 during one of the 11 other steady-state
 boiler tests. That situation, however, is
 considered both atypical and suspect
 because: (1) the boiler burned waste
 wood mixed with creosote sludge on a
 grate: and (2) the DRE calculation is
 suspect because there is reason to
 believe that some POHC may have been
 a constituent of the waste wood (which
 was not analyzed) as well as the sludge.
  A PIC to POHC ratio of 5 also appears
 to be  conservative given that the ratio
 was generally 0.5 to 5. Although higher
 ratios were recorded, there is reason to
 doubt many of the higher values. See
 discussion in Section III.B.5.
  2. Dispersion modeling. Dispersion
 modeling of emissions is to be
 conducted in conformance with
 "Guideline on Air Quality Models
 (Revised)," EPA Publication Number
 450/2-7B-027R. July 1986. The guideline
 is available from the National Technical
 Information Service, Springfield,
 Virginia (Order No. PB 86-245248).41
  Although the guideline is not a
 "cookbook" approach to conducting
  41 EPA specifically request! comments on
whether the Guideline models are appropriate for
predicting dispersion of organic compounds, metals.
and HCI emitted from boiler and industrial furnace
stacks to establish the national standards proposed
today and to conduct case-by-case dispersion
modeling to develop alternate, site-specific
standards
 dispersion modeling, EPA, the States,
 and the regulated community have used
 the guideline for a number of years to
 select dispersion models to determine
 compliance with a number of Clean Air
 Act  standards (e.g.. paniculate and lend
 National Ambient Air Quality
 Standards, regulations for the
 Prevention of Significant Deterioration
 (PSD)). Owners and operators seeking a
 waiver under this provision must submit
 a dispersion modeling plan with Part B
 of their permit application. The Director
 will  determine if the proposed plan is in
 conformance with the Guideline and
 may require alternative or
 supplementary modeling.
  Owners and operators of interim
 status facilities seeking a waiver under
 this  provision, however, must submit
 with Part B of their permit application
 the results of their dispersion modeling
 Further, the Part B application must be
 submitted six months after promulgation
 of the final rule (which would be six
 months before the effective date of the
 flue  gas CO limits  for interim status
 facilities). In effect, submission of Part B
 of the permit application seeking this
 waiver is required in lieu of compliance
 with the CO limits. The schedule for
 submission of the Part B with the results
 of dispersion modeling based on the
 above schedule will allow the Director
 six months to review the application for
 adequacy and reasonableness prior to
 the CO monitoring requirements coming
 into  effect. This schedule is intended to
 assure that only those facilities that are
 qualified for the waiver will seek it and
 to discern those facilities merely trying
 to avoid CO monitoring requirements.
  3.  Evaluation of health effects.  For
 compounds associated with
 noncarcmogenic health risks, the
 predicted ground level concentration
 must be less than the RACs identified in
 the RAG. If the RAG identifies RACs for
 both short-term and annual exposures
 (e.g.. HCI), predicted ground level
 concentrations must be lower than
 either RAC.
  For carcinogenic compounds, the
 predicted  maximum annual average
ground level concentration and the risk-
 specific doses (RSDs) provided by the
RAG must be used to estimate the
increased lifetime risk from each
carcinogenic organic constituent in the
waste. In addition, a reasonable, worst-
case  estimate of risk posed by PICs must
be developed by assuming all PICs are
carcinogens with a unit risk of 6.9X10" *

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17004
Federal  Register / Vol. 52, No.  87 / Wednesday.  May 6. 1987 / Proposed Rules
 This corresponds to a risk-specific dose
 of 1 ug/ms at a 1 x 10" * level of risk.
 That level for the PIC unit risk
 represents the weighted average unit
 risk of all chlorinated PICs identified
 during those nonsteady-state field tests
where  the boilers were intentionally
operated under upset conditions.48
  Given that EPA policy considers the
risk from carcinogens to be additive, the
risk from all the carcinogenic POHCs
must be summed along with the cancer
risk from PICs. The risks from
carcinogenic organic emissions would
not be  considered significant if the
aggregate risk did not exceed 1X10~*
(i.e.. 1 in 100,000). This means that risks
on the  order of 10"s would be allowed.
EPA believes that this level of risk is
reasonable for this purpose given the
conservatism of the analysis and the
comparable risk likely to be posed by
burning only fossil fuels.49'50
IV. Proposed Controls for Emissions of
Toxic Metals
A. Hazard Posed by Combustion of
Metal-Bearing Wastes
   In Appendix VIII of 40 CFR Part 261.
the Agency has identified 12 metals that.
if present in a solid waste, might be the
basis for determining that the waste is a
listed hazardous waste: antimony.
arsenic, barium, beryllium, cadmium.
chromium, lead, mercury, nickel
selenium, silver, and thallium. Five of
these metals (or their compounds] are
known or suspected human
carcinogens—arsenic, beryllium.
cadmium, chromium, and nickel.
   Hazardous wastes used as fuel in
 boilers and industrial furnaces can have
 high metal levels relative to those found
 in No  6 fuel  oil as shown in the table
 below Metal-bearing wastes  typically
 burned as fuel (usually in industrial
 furnaces) include spent nonhalogenated
 degreasing solvents used for metals
 cleaning and spent halogenated
 degreasing solvents mixed with spent
 oils or other high heating value organic
 liquid  wastes Metals emissions from
 burning these wastes are not  currently
 controlled for boilers and the types of
 industrial furnaces that burn hazardous
 wastes and can result in increased
 lifetime cancer risks of 1X10"* (i.e.. 1 in
 10.000)

   41 Engineering-Science. Background Document for
 the Development of Regulations to Contra/ the
 Burning of Hazoraous Wastes in Boilers and
 Industrial Furnaces. Volume HI. February 1987
   »«• 10 Radian Corporation. Summary of Trace
 Emissions from and Recommendations of Risk
 Assessment Methodologies for Coal and Oil
 Canhustion Sources |uly 1988
                        TABLE 2.—COMPARISON OF METALS
                          LEVELS  IN   HAZARDOUS  WASTE
                          FUELS AND No. 6 FUEL OIL
Metal
Arsenic 	
Cadmium..
Chromi-
um 	
Lead 	
Beryllium ..
Banum 	
Mercury...
Fuel oil (ppm)
Mean
0.36
1.2
0.4
3.5
008
24
1.3
0.006
Worst
5
2
10
10
0.38
73
3.2
10
Hazardous
waste fuel
(ppm)
50th
per-
centile
<0.5
<0.5
<5.0
8
<2
<5
<005
90th
per-
centile
18
10
300
572
25
251
                          Source:  Engineering-Science.  Background
                        Document for the Development of Regulations
                        to Control the Burning of Hazardous Wastes
                        m Boilers and Industrial Furnaces, Volume III.
                        February 1987.

                          Under the Clean Air Act (CAA). EPA
                        has established emission standards for
                        beryllium and mercury for certain
                        categories of sources (40 CFR Part 61).
                        and has recently promulgated standards
                        (for particular emissions) to control
                        arsenic emissions from certain
                        categories of sources (51FR 27956
                        (August 4.1986)). These emission
                        standards were developed considering
                        the quantities and types of metal
                        emissions, current control practices, the
                        risks posed by current practices, and the
                        economic impacts on the industry of
                        reducing emissions. Therefore, these
                        emissions standards are not necessarily
                        protective when applied to boilers or
                        industrial furnaces burning hazardous
                        waste fuel.
                           In addition to these metals emissions
                        standards under the CAA. EPA has
                        established  National Ambient Air
                        Quality Standards (NAAQS) for lead
                        and particulates. These ambient.
                        standards are implemented by the
                        States under the State Implementation
Plan (SIP) program, end control major
sources of lead and particulate
emissions. Lead emission standards
have not been established under the
SIPs for any boilers and the EPA is
unaware of any lead standard for
industrial furnaces that burn hazardous
waste fuel.
  Particulate emission standards,
however, established under the SIPs in
conformance with the particulate
NAAQS, or by EPA as New Source
Performance Standards (NSPS). do
apply to some boilers and virtually all
industrial furnaces burning hazardous
waste. The particulate standards limit
metals emissions generally to the extent
state-of-the-art particulate control
technology will allow—high efficiency
electrostatic precipitators (ESPs) or
fabric filters are usually required to
meet the standards. These particulate
standards may not. however, adequately
control metals emissions from burning
hazardous waste fuels in boilers and
industrial furnaces for a number of
reasons: (1) the standards  do not apply
to gas and oil-fired boilers that
represent a large number of hazardous
waste fuel burners; (2) smaller coal-fired
boilers are not subject to NSPS
standards and may not be required
under the SIPs to be equipped with ESPs
or fabric filters; (3) large volumes of
hazardous waste fuel are burned by
light-weight aggregate kilns that are
equipped with low pressure wet
scrubbers that may not be highly
efficient at collecting particules in the
 <1 micron range, the size range
containing the bulk of the  metals; and
(4) the risks posed by metals emissions
from these boilers and industrial
furnaces that are equipped with ESPs,
fabric filters, and wet scrubbers can
 increase substantially when hazardous
•waste fuel is burned given that the
 levels of some metals, particularly
 chromium and lead, can be much higher
 in hazardous waste than in coal as
 shown in the table below:


Metal
Arsenic 	


Lead 	
Nickel 	



Bitum
(

Aver-
age
20.3
0.91
20.5
NA
16.9
NA
0.21

inouscoal
ppm)

Range
0 02-357
0.02-100
0.5-70
0.7-220
1.5-7300
NA
<0 01-3.3

Hazar
waste
(PP
50th
per*
centile
<0.5
<0.5
<50
8
<2
<5
<0.05

dous
ifuel
mj
90th
per-
centile
18
10
300
572
25
251
<1.0


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                 Federal Register / Vol. 52. No. 67 /  Wednesday. May 6. 1987  / Proposed  Rules	17005
                          2i Bae*9">una Document lor toe Development of Regulations to
                      Hazardous Wastes in Balers and Industnal Furnaces. Volume  III.
 fl««™/ fr Sl5^?)ratlon>&/mms/y of  Trace ***** and Recommendatmns of
   MA^5^"""I1 Methodologies tor Coal and Oil Combustion Sources. July 1986
   IN«=Not available
 B. Basis for the Metals Standards

   1. Overview. EPA is proposing to
 control emissions of particular metals
 found to pose a significant health hazard
 by establishing a four-tiered regulation.
 Each tier is a standard that is protective
 on its own—a demonstration of
 compliance with any tier is sufficient.
 Tiers I-III are nsk-based national
 standards that are back-calculated from
 a reference air concentration for lead
 and the 10~5 risk-specific dose for
 arsenic, cadmium,  and chromium, using
 dispersion factors (i.e., fig/m3 per g/s of
 emission)  for reasonable, worst-case
 facilities. Tier I is a specification
 establishing maximum allowable metals
 levels for the hazardous waste or the
 hazardous waste as-fired (i.e., after
 blending). Tier II provides limits on the
 feed rate of metals to the device taking
 into account metals levels in the
 hazardous waste, other fuel, and
 industrial  furnace feedstocks. Tier HI •
 provides emission limits for individual
 metals expressed as Ib of metal per
 million Btu of heat  input to the device.
 The Tier I  and II limits are identical to
 the Tier III limits, but they are applied
 somewhat differently. The Tier I
 specification levels are expressed as Ib
 of metal per million Btu of waste heating
 value. The Tier II feed rate limits are
 expressed as Ib if metal per million Btu
 of total heat input to the device.
   Given that the Tier I-III standards are
 national standards based on reasonable,
 worst-case facilities, in some instances
 they may be more stringent than
 necessary  to protect human health and
 the environment.51 Thus, to add
  " We note, again, thai the Tier I-III standards
may not be fully protective in unusual scenanos
(e g. situations where lip downwash. complex
topography, or highly unusual meteorological
conditions affect ambient levels greater than
considered in the reasonable, worst-case scenarios)
We will provide outdance to permit writers to
enable them to identify these situations and apply
appropriate controls under authonty of HSWA
Section 3005(c) Moreover, given that  the Tier I-III
standards add substantial complexity to an already
complex rule and that the permit writers must
ensure in each situation (bui particularly in complex
terrain situations) that the Tier I-III standards are
appropriate (i e. that the site being permuted does
not have highly unusual topographic,  meleorologic.
or stack release properties (including  severe lip
downwash)). EPA specifically requests comments
on whether (1) for complex terrain situations, site-
specific dispersion modeling should be required in
all cases in lieu of the Tier I-III standards, and (2)
site-specific dispersion modeling should be required
in all cases for all terrain types in lieu of the Tier I-
III standards
 flexibility to the regulations while still
 ensuring protection of human health and
 the environment, we are proposing as
 Tier IV the use of site-specific
 dispersion modeling to show that lead
 emissions from the facility will not
 result in an exceedance of the lead
 reference air concentration (RAG), and
 that emissions of arsenic, cadmium, and
 chromium will not result in an
 incremental lifetime cancer nsk greater
 than lx«rs.
   2. Identification of metals of concern.
 The Agency's risk assessment indicates
 that the following metals are likely to be
 found in hazardous waste fuels at levels
 that could pose adverse health effects:
 arsenic, cadmium, chromium, and lead.
 Nickel, if present in its suspected human
 carcinogenic forms—nickel carbonyl
 and nickel subsulfide—could also pose
 significant health risk. However, we
 believe that burning in boilers and
 industrial furnaces under the conditions
 required for compliance with these rules
 (a highly  oxidizing environment) will  not
 provide the proper conditions (reducing
 environment) to create these
 compounds. Thus, nickel is not being
 included in these proposed standards
 (see also  51 FR 34135 (September 25.
 1986)). The EPA is continuing  to  study
 other nickel compounds with respect  to
 carcinogenic potency and will propose
 controls for these nickel compounds if
 data indicate that  standards are
 necessary. EPA specifically requests
 emissions data on the presence or
 absence of nickel carbonyl and nickel
 subsulfide from boilers and industrial
 furnaces burning hazardous waste.
  The risk assessment used reasonable,
 worst-case assumptions for emission
 rates, dispersion of emissions, exposure,
 and health effects. From reference air
 concentrations (RACs) for
 noncarcinogenic metals and 10~s risk-
 specific doses (RSDs) for carcinogenic
 metals, we back-calculated emission
 rates for several reasonable, worst-case
 facilities (a light-weight aggregate kiln
 facility, boiler facility, and cement kiln
 facility). See Section II for a description
 of these facilities and our exposure
 assumptions. We then back-calculated
 further to identify concentration  levels
of concern in the hazardous waste
assuming the devices bumed 100%
hazardous waste with a heating value of
8.000 Btu/lb. The boilers were assumed
to have no emissions control equipment,
the light-weight aggregate kiln was
 assumed to be equipped with a low
 pressure wet scrubber, and the cement
 kiln was assumed to be equipped with
 an ESP.
   Although the Agency does not believe
 that hazardous wastes are likely to
 contain levels of the other metals-
 antimony, beryllium, mercury, selenium.
 silver, and thallium—at levels that could
 pose adverse health effects, a particular
 waste may in fact contain those metals
 at levels of concern. To enable the
 permit writer to determine if these
 metals may be present at levels that
 pose significant risk, facility owners and
 operators would be required to provide
 with Part B of their permit applications
 an analysis for these metals if they
 could reasonably be expected to be
 constituents of the waste. EPA will
 provide guidance to permitting officials
 to enable them to conduct risk
 screenings to determine if these metals
 may pose a hazard. If so. more detailed
 emissions and  dispersion modeling will
 be conducted under authority of the
 omnibus provision of section 3005(c) of
 HSWA. If necessary, appropriate
 controls on those metals will be
 included in the permit.
   A number of conservative health
 effects assumptions were used in the
 risk assessment. These same
 assumptions have been used to develop
 the Tier I-III standards and the Tier IV
 RACs  for noncarcinogens. In addition to
 the assumptions discussed in Section II,
 we made the following assumptions for
 chromium and  lead.
   We assumed that chromium is emitted
 in its most potent carcinogenic form.
 hexavalent chromium. We believe this
 assumption is conservative, but
 reasonable for  the purpose of
 determining whether chromium
 emissions could pose significant risk.
   Chromium is likely to be emitted in
 either the highly carcinogenic.
 hexavalent state or in the relatively
 nontoxic trivalent state. (The data
 available to EPA at this time are
 inadequate to classify the trivalent
 chromium compounds as to their
 carcmogenicity.) Although the
 hexavalent state could be expected to
 result from combustion because it
 represents the more oxidized state.
 some investigators speculate that most
 of the chromium is likely to be emitted
 in the trivalent  state given that the
 hexavalent state is highly reactive and
 thus likely to be reduced to the tnvalent
 state. Although preliminary
 investigations indicate that 99 percent of
chromium emissions from fossil fuel.
municipal waste, and sewage sludge
combustion sources may be in the
trivalent state, the Agency is not now

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17006
Federal  Register / Vol. 52. No. 87 / Wednesday, May 6. 1987 / Proposed  Rules
able to conclude that hexavalent
chromium emissions from hazardous
waste combustion facilities also
represent only 1% of total chromium
emissions. This is because of the
possibility that hexavalent chromium
may be a constituent of hazardous
waste and may be emitted without
changing valence. Until EPA completes
on-going studies on the risk posed by
chromium emissions from hazardous
waste combustion sources, the Agency
proposes to assume chromium is emitted
in the hexavalent state for purposes of
this rule. Emission controls, however.
under Tier III and Tier IV options, which
are based on actual emission testing, are
to be based on hexavalent chromium if
the emissions testing is capable of
reliably determining whether the
chromium exists in the hexavalent state.
Otherwise, the Tier III and IV standards
shall be applied to the total chromium
emission. (Of course, the Tier I and II
standards apply to the total chromium
present in the waste.)
   As additional data become available
on the health effects of chromium
emissions from combustion sources, the
Agency will consider what, if any,
amendments would be appropriate to
the rule proposed today. The Agency
specifically requests emissions data
documenting the presence or absence  of
hexavalent chrome from boilers and
industrial furnaces burning hazardous
waste.
   To consider the health effects from
lead emissions, we adjusted the lead
National Ambient Air Quality Standard
(NAAQS) by a factor of one-tenth to
account for background ambient levels.
Thus,  although the lead NAAQS is 1.5
fig/m3, the lead RAG for purposes  of
 this regulation is 0.15 ng/m3.52 (As
discussed in Section 11. the RACs for the
 other threshold compounds were based
 on 25 percent of the RfDs to account for
 other routes of exposure and exposure
 from other sources (e.g.. background air
 levels).)
   Finally, the risk-specific doses (RSDs)
 for the carcinogens were based on the
 unit risk estimates developed by EPA's
 Cancer Assessment Group and
 assuming an incremental lifetime cancer
 risk of IX10"s.
   3. Basis for the standards. Rather than
 establishing risk-based standards, the
 Agency considered limiting metals
 emissions to the levels that could be
 emitted from burning No. 6 fuel oil.
 Hazardous waste fuel is often cofired
 with fuel oil in boilers without emission
                        control equipment. Virtually all
                        hazardous waste fuels currently burned
                        are organic liquids (derived from
                        petroleum) and are typically comprised
                        of spent organic solvents, distilled
                        bottoms from solvent recovery, and by-
                        products from organic chemicals
                        manufacturing. Thus, hazardous waste
                        fuels typically displace fuel oils and
                        they are stored, pumped, and fired very
                        much like fuel oils.
                           There are a number of problems,
                        however, with this approach. Hazardous
                        waste is  also cofired with, or in lieu of.
                        coal and gas. In particular, most
                        industrial furnaces that bum hazardous
                        waste would otherwise be burning
                        pulverized coal. The question then is
                        whether the hazardous waste metal
                        controls  should be based on coal or oil.
                        If it is to be based on coal, we must
                        address the following issues: (1) should
                        the comparison be to the mean, 95th
                        percentile, or highest levels found in
                        coal: and (2) should the coal burning
                        device be assumed to be controlled with
                        an ESP, a wet scrubber, or uncontrolled.
                           Another problem with basing the
                        metals limits on levels that could be
                        emitted from burning either fuel oil or
                        coal is that, if 95th percentile or worst-
                        case metals levels in the fuel oil or coal
                        are used, nsk levels could be
                        significant—on the order of 1 X10~* (i.e.,
                        1 in 10.000). (The health risks from
                        burning oil or coal with mean levels of
                        metals, however, would generally not
                        result in significant health risk even
                         under reasonable, worst-case
                         scenarios.)
                           Because of these problems with
                         basing metals limits for hazardous
                         waste on levels resulting from the
                         burning of fuel oil or coal, the Agency is
                         proposing standards that are entirely
                         risk-based.
                           4. Tier I-Tier III standards. The Tier
                         I-Tier III standards are national
                         standards back-calculated from a RAG
                         for lead, and from 10~5 RSDs for arsenic.
                         cadmium and chromium 63 using
                         dispersion factors for reasonable, worst-
                         case facilities. Given that the effects on
                         ambient air concentration were different
                         for each type of device (e.g..  reasonable.
                         worst-case boiler facility, cement kiln
                         facility, lightweight aggregate kiln
                         facility), we grouped the various devices
                         into categories. See detailed discussion
                         in Section II. There are two groups of
                         categories, one for flat terrain and one
                          for those devices in complex terrain.
                         Each category has its own set of Tier I-
                          III standards. The categories were
   " This level represents a quarterly average For
 the purposes of this regulation, an adiusled annual
 average of 0 094 jig/m" is being used See footnote
  17
                           " The Tier l-lll standards for arsenic, cadmium.
                          and chromium are actually expressed as equations
                          that ensure that the aggregate nsk to the MEI from
                          all three metals does not exceed 1X10'•.
selected based on similar health risk
effects for the devices, i.e.. impact on
ambient air concentrations.
  The flat terrain group of Tier I-III
standards consists of three categories.
Category 1 applies to sulfur recovery
furnaces, asphalt kilns, halogen acid
furnaces, and blast furnaces. Limits in
this category are based on sulfur
recovery furnaces since, for this
category, this device has the greatest
effect on ambient air concentrations.
  Category 2 consists of light-weight
aggregate kilns, lime kilns, and boilers.
In this case, light-weight aggregate kilns
are the basis for the limits for this
category.
  Category 3 consists of the wet and dry
process cement kilns. These devices
have the least effect on ambient air
concentrations based on the ISCLT air
dispersion modeling. Dry cement kilns
are the basis for the limits in this
category.
  The limits for those devices in
complex terrain are more stringent than
if the devices are located in flat terrain.
In addition, the categories for complex
terrain are different from those for flat
terrain in that there are four categories
for complex terrain instead of three.
   The Tier I-III  levels for Category 1 in
complex terrain apply only to blast
 furnaces. Emissions from these devices
 have the greatest impact in complex
 terrain. However, these devices should
 easily meet the Tier III requirements due
 to the type of process and air pollution
 controls required by existing air
 pollution regulations.
   Category 2 for complex terrain
 consists only of sulfur recovery
 furnaces. Limits for these devices are
 about two times higher than for
 Category 1.
   Category 3 for complex terrain
 consists of the majority of devices. This
 category includes asphalt kilns, light-
 weight aggregate  kilns, lime kilns.
 halogen acid furnaces, and boilers. The
 Tier I-III limits are based on asphalt
 kilns since this device has the greatest
 impact on annual ambient air
 concentrations for this category.
   Category 4 for complex terrain
 consists of cement kilns. These devices
 have the smallest effect on ground level
 concentrations, as was the case for flat
 'terrain. Limits are based on dry process
 cement kilns.
   All the limitations for Tiers I-III in
 complex and flat terrain are based on
 one device per site. If there is more than
 one device on a site, the limits for the
 largest device would have to be
 apportioned among all devices based on
  the thermal capacity of each device.
  However, permit conditions established

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                 Federal Register  /  Vol. 52.  No. 87  /  Wednesday. May 6.  1987 / Proposed Rules

 under Tier IV would consider all devices
 on the site (i.e.. by multiple source
 dispersion modeling) in determining
 site-specific standards.
   In addition, we note that the proposed
 Tier I-III standards may tend to
 over-regulate some of the devices in each
 category. For example. Category 3 for
 complex terrain tends to overregulate all
 devices except asphalt kilns. This
 includes lime kilns, light-weight
 aggregate kilns, halogen acid furnaces,
 and boilers. The amount of
 overregulation is not very large, but if
 owners of such devices wish, they can
 comply with the site-specific, risk-based
 Tier IV standard which is. in effect, a
 waiver of the Tier I-III standards.
   The Tier I standards are metals
 specification levels that apply to the
 hazardous waste on an as-fired basis
 (i.e., the levels apply to the waste
 directly or after any blending with other
 waste or fuel). The specification levels
 are expressed as Ib of metal per million
 Btu of hazardous waste heating value
 and are equivalent to the values
 contained in the Tier III (and Tier II)
 standards. The Tier I specification levels
 are back-calculated from Tier III
 emission limits assuming the device
 burns 100% waste and all metal
 constituents are emitted.
   The Tier I standards for lead would be
 a fixed limit (for each category). See
 proposed § 266.34-4(b)(l). The limits for
 the carcinogens arsenic, cadmium, and
 chromium, however, are not  fixed, but
 rather are inter-related. The  limits for
 each carcinogen depend on the levels of
 the others present. This is because the
 standards limit the aggregate (i.e..
 summed) risk to the MEI to 1X 10~5.
 Thus, a waste with a high concentration
 of one carcinogen must have relatively
 low concentrations of the other
 carcinogens so that the aggregate risk
 does not exceed (he limit.
  To demonstrate compliance with the
 Tier I standard, the owner or operator
 would simply analyze the waste. For
 lead, the waste would be in compliance
 if the ledd level is no greater than that
 specified for the appropriate device
 category For arsenic, cadmium, and
 chromium, the owner or operator would
 be required to use the Tier III equation
 for the appropriate category and show
 that the equation is satisfied  (i.e.. that
 the aggregate risk does not exceed
 1X10'*). The Tier I (and Tier II) limits
 are numerically equivalent to the Tier III
 limits. Only the units are different. See
 Appendix C  for example calculations to
apply the Tier I (and Tier II) standard.
  The Tier II standards are metals feed
rate limits expressed as Ib of metal per
million Btu of total heat input to the
device. Feed rate limits would be
 established for arsenic, cadmium.
 chromium, and lead for all categories of
 devices. See proposed § 266.34-4(b)(2).
 The feed rate limits are implemented by
 an equation that computes the feed rate
 of each metal (in Ibs/MM Btu)
 considering the metals levels and feed
 rates of other fuels and industrial
 furnace feedstocks. Compliance with
 Tier II is demonstrated by analysis of
 the hazardous waste, other fuels, and
 industrial furnace feedstocks for metals.
 documentation of feed rates, and a
 showing that the total metals feed rate
 does not exceed the Tier III metals
 emission limits. (Owners and operators
 would sample nonwaste feed materials
 only for the same metals found m the
 hazardous waste feed.) Thus, the Tier II
 standards are conservative in that it is
 assumed that all metals in all feed
 materials are emitted.
   The Tier III standards are emission
 limits expressed as Ib of metal per
 million Btu of total heat input to the
 device. The emission limits  are back-
 calculated  from the lead RAC and the
 10~*RSDs for arsenic, cadmium, and
 chromium using dispersion factors for
 the worst-case facility in each category.
 Compliance with Tier til is
 demonstrated by emissions testing.
   5. Tier IV standards. The Tier IV
 standards require site-specific
 dispersion  modeling that predicts that
 metals emissions will not result in an
 exceedance of the lead RAC and an
 aggregate risk (from arsenic, cadmium,
 and chromium) to the MEI of 1 xlO~*.
 The RAC for lead (and other
 noncarcinogenic compounds) and the
 RSDs for the carcinogens will be
 identified in the Risk Assessment
 Guideline (RAC).*4 The RSDs are based
 on the unit nsk estimates provided by
 EPA's Cancer Assessment Group and an
 aggregate increased lifetime risk to an
 individual exposed to the maximum
 annual average ground level
 concentration of 1 x 10'* (1 in 100,000).
 See proposed § 266.34-4(b)(4). This is
 the same basis on which the Tier I-III
 standards were developed.
  As discussed in Section III D.
 dispersion modeling is to be conducted
 in conformance with EPA's Guideline on
 Air Quality Models.  In addition, stack
 heights used to determine dispersion
 factors shall not exceed Good
 Engineering Practice as defined in 40
 CFR Part 51.
  EPA specifically requests  comments
on how many facilities are likely to elect
 to comply with the Tier IV standard (for
  •• Risk Assessment Guideline is the short title for
"Guideline for Permit Writers Permitting Hazardous
Waste Combustion Facilities Using Risk
Assessment" (To be developed)
 metals or HC1) and. if the Tier IV
 standard were not available, the
 changes to equipment and operations
 that would be required to comply with
 the Tier I III standards.
  6. implementation of the metals
 controls. The Tier I limits would be
 implemented by permit conditions that
 limit concentrations of the regulated
 metals in the waste, and waste fuel
 rates, and that specify waste sampling
 and analysis procedures. We are
 proposing that the concentration limits
 (as well as the limits developed under
 Tiers II-IV) represent maximum limits
 that can never be exceeded. We
 considered whether the limits should
 represent average values (e.g., hourly.
 daily, weekly, monthly, or even yearly
 averages). An argument could be made
 that a yearly average would be
 appropriate because the health effects
 data used to support the standards are
 based on maximum annual average
 exposures (except for HC1 where a 3-
 minute maximum exposure drives the
 health risk). We believe, however, that
 allowing averaging would complicate
 operator recordkeeping and EPA
 inspection and enforcement activities.
 We specifically request comment on
 whether and how averaging should be
 allowed for compliance with the metals
 (and HC1) standards.
  The Tier II standard would be
 implemented by permit conditions that
 limit concentrations and feed rates of
 the regulated metals in the waste, fuels.
 and industrial furnace feedstocks.
 Permit conditions would also specify
 sampling and analysis procedures for all
 feed materials.
  The Tier III standard would be
 implemented By emission testing and
 permit conditions that: (1) Establish
 emission limits for each metal (including
 carcinogenic metals); (2) specify
 operating and maintenance
 requirements for any emission control
 equipment; (3) specify operating
 requirements for the system, as
 necessary, that relate to metals  .
 emissions rates (e.g., chlorine content of
 the waste); (4) limit concentrations of
 the regulated metals in the waste and
 limit waste feed  rates; and (5) specify
 waste sampling and analysis
 procedures.

C. Impacts of the Metals Standards on
 the Regulated Community

  Regulatory impacts and an analysis of
 the cost-effectiveness of the proposed
rules are discussed in detail in Section
11 of Part Six. This section presents
information on the ability of owners and
operators to comply with the proposed
metals controls.

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17008
Federal Register /  Vol. 52.  No. 87  / Wednesday, May 6. 1987  / Proposed  Rules
  Based on conversations with owners
and operators of industrial boilers and
our analyses of hazardous waste fuels, it
appears that industrial boilers can
readily meet these proposed standards
even though oil and gas fired industrial
boilers are not equipped with emissions
control devices. Industrial boilers
typically burn waste generated onsite
and the facilities that burn the largest
volumes of wastes are organic
chemicals manufacturing plants. These
facilities burn relatively large quantities
of organic liquid by-products that
generally do not contain high levels of
metals.
  On the other hand, industrial
furnaces, principally cement and light-
weight aggregate kilns, accept huge
volumes (e.g.. 5 to 20 million gallons per
year per facility] of hazardous waste
generated off-site. These wastes are
typically comprised of spent organic
solvents and organic solvent recovery
distillation bottoms. Many of the metals
of concern to EPA do not interfere  with
the production of quality cement clinker
or light-weight aggregate even at
concentrations of several hundred  or
several thousand ppm. as evidenced by
waste fuel specifications developed by
industrial furnace operators. (Industrial
furnace operators frequently obtain their
hazardous waste fuels through a broker
responsible for collecting hazardous
waste from generators and blending the
wastes to meet the  operator's
specifications.)
   Although industrial furnaces typically
burn hazardous waste fuels with very
high metals levels,  they are virtually
always equipped with paniculate
emissions control devices because of the
large quantities of particulates
generated by processing the feedstocks
(e.g.. limestone in cement kilns, clay or
shale in light-weight aggregate kilns).
Not incidentally, these industrial
furnaces are subject to Federal and/or
State regulations for paniculate
emissions. Given that industrial
furnaces are already equipped with
paniculate collection equipment and
given that these devices can achieve
substantial removal of metals as well
(see Table 3). industrial furnaces in
general, and cement kilns in particular.
are expected to be  able to meet the
 proposed metals standards readily.
 Cement kilns are equipped with
 electrostatic precipitators (ESPs) or
 fabric filters (FFs) that are expected to
 remove 98 to 99% of metals from stack
 gases.
   Most light-weight aggregate kilns may
 not be able to bum hazardous waste
 fuels with high metals levels because
 they are typically equipped with low
                         pressure wet scrubbers to control
                         paniculate emissions. Based on
                         conversations with industry
                         representatives, several light-weight
                         aggregate kilns, however, are equipped
                         with high pressure, relatively efficient
                         venturi scrubbers with estimated metals
                         collection efficiencies comparable to
                         ESPs. Owners and operators would have
                         a number of options if current collection
efficiencies would not be adequate to
meet the standards: (1) increase the
pressure drop across the device to
increase its collection efficiency; (2)
blend wastes with very high metals
levels with wastes with lower metals
levels, and (3) stop accepting those
particular wastes with extremely high
metals levels.
                         TABLE 3. ESTIMATED METALS COLLECTION EFFICIENCES OF VARIOUS CONTROL DEVICES
Metal



Lead

ESP-
(per-
cent)
98
99
98
98

FF"
(per-
cent)
99
99
99
99

Venturi
scrubber
(per-
cent)
98
98
98
97

Spray
tower
(per-
cent)
50
93
93
50

                           • Electrostatic precipitator.
                           " Fabric filter.
                           Source: Engineering-Science, Background Information Document  for the Development  of
                         Regulations to Control the Burning of Hazardous Wastes in Boilers and Industrial Furnaces,
                         Volume 111. February 1987.
                         V. Proposed Controls for Emissions of
                         Hydrogen Chloride
                         A. Hazard Posed by Combustion of
                         Highly-Chlorinated Waste
                           Highly-chlorinated wastes from the
                         manufacturing of organic chemicals and
                         highly-chlorinated spent solvents and
                         solvent recovery distillation bottoms are
                         routinely used as fuels in industrial
                         furnaces and some specially-designed
                         boilers. Chlorine in hazardous waste
                         fuel produces hydrochloric acid (HCI)
                         upon combustion which can have
                         beneficial effects on industrial furnace
                         process chemistry " or can allow for
                         efficient recovery of HCI from
                         combustion gases from specially
                         designed boilers.*6 Some industrial
                         boiler operators are also investigating
                         whether the cofiring of hazardous waste
                         fuels containing on the order of 3%
                         chlorine with oil and natural  gas in
                         standard  boilers will cause accelerated
                         corrosion of boiler parts.
                           " Chlonne-beanng materials are sometimes
                          charged to cement kilns to neutralize the highly
                          alkaline conditions in the kiln. Hazardous waste
                          fuel containing 3 to 5% chlorine has thus been used
                          for the dual purpose of providing heat and chlorine
                          for the neutralization reactions. Hazardous waste
                          fuels with similar chlorine levels have also been
                          fired in blast furnaces for both their heating value
                          and the beneficial effect of the chlorine (the chlonne
                          is believed to improve the flow of the blast furnace
                          charge down through the furnace by minimizing
                          charge "hangups.")
                           •• Dow Chemical Company uses modified boilers
                          for the dual purpose of recovering energy and
                          producing HCI (by scrubbing combustion gases)
                          from highly-chlorinated process streams (e.g.. 45%
                          chlonne).
   The burning of highly-chlorinated    ,
 hazardous waste fuel can pose a serious •
 health hazard if the resulting HCI is not
 controlled by reacting with industrial
 furnace feedstocks, recovered for use as
 a by-product, or otherwise removed with
 flue gas cleaning equipment (e.g.. wet
 scrubbers). Risk assessment using the
 reasonable, worst-case facilities
 discussed previously indicates that
 hazardous waste chlorine levels as low
 as 530 ppm could pose exceedances of
 the HCI reference air concentrations
 (RACs) (where the device burned 100%
 hazardous waste with a low heating
 value and all chlorine in the waste was
 emitted as HClh The RAG for annual
 exposure to HCI u 15 jig/m'and is
 based on the threshold of respiratory
 effects. Background levels were
 considered to be insignificant given that
 there are not many large sources of HCI
 (as compared to sulfur oxides) and the
 pollutant generally should not be   •
 transported over long distances in the
 lower atmosphere. The RAC for 3-
 minute exposures is 150 pg/m3. Both
 RACs will be identified in the Risk
 Assessment Guideline (RAG).
    We note that there is the remote
 possibility that a chlorinated waste may
 not have sufficient available hydrogen
 (i.e.. from other hydrocarbon compounds
 or water vapor) to react with all of the
 chlorine in the waste. In this case, there
 is the potential for emission of free
 chlorine which has toxic properties.
 Although this issue could be addressed
 by the permit writer under the omnibus

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 authority of HSWA section 3005(c). we
 specifically request comment on the
 extent to which this phenomenon may
 occur and whether explicit standards for
 emissions of free chlorine should be
 provided.

 B. Basis for the Standards
   EPA is proposing to regulate HC1
 under the same risk-based regulatory
 structure proposed for metals and for
 the same reasons. As with the metals.
 there are two groups of standards: one
 for complex terrain, and the other for
 flat terrain. Each group is broken up into
 categories based on the effect of
 ambient air concentration from each
 device. The limits for HC1 are based on
 short term modeling for the 150 pg/m'.
 3-minute RAC level since short-term
 exposure rather than annual exposure is
 the limiting factor.
   The HC1 limits in Hat terrain consist of
 four categories. The first category
 consists of sulfur recovery furnaces and
 halogen acid furnaces. Category 2
 consists of blast furnaces and asphalt
 plants (limits based on blast furnaces).
 Category 3 consists of light-weight
 aggregate kilns, boilers, and lime kilns.
 The limits for Category 3 are based on
 light-weight aggregate kilns since this is
 the worst case for this category. Finally,
 Category 4 consists of the cement kilns.
   The HC1 limits for complex terrain
 consist of three categories. The first is
 blast furnaces. Category 2 consists of
 the majority of devices, and includes
 sulfur recovery furnaces, light-weight
 aggregate kilns, asphalt kilns, halogen
 acid furnaces, and lime kilns. Sulfur
 recovery furnaces are the basis of limits
 for this category. Category 3 consists of
 the cement kilns.
   There is also a Tier IV standard for all
 devices (see proposed 266.34-4(c)(l-4))
 which allows site-specific dispersion
 modeling to demonstrate that HC1
 emissions do not exceed the RACs.
 Although the equation for computing the
 allowable chlorine concentration in
 hazardous waste under the Tier II
 standards is somewhat different from
 the Tier II approach proposed for
 metals, the principle is the same. The
 feed rate of chlorine from hazardous
 waste, other fuels, and industrial
 furnace feedstock (for Tiers I and II) is
 back-calculated from the Tier III
 emission limits.
  We note that the Tier IV standard
 requires compliance with both the
 maximum annual average and the
maximum 3-minute RACs. whereas the
Tier I-III standards are based solely on
the 3-minute RAC. This is because the 3-
minute RAC is more stringent in the
modeling used to support the Tier I-III
standards, but cannot be assumed to be
 more stringent under the Tier IV
 standard that requires site-specific
 modeling.
   We also note that there are no Tier I
 or Tier II standards for halogen acid
 furnaces since these devices, by
 definition, burn wastes with very high
 halogen levels. Halogen acid furnaces
 would, therefore, comply with Tier III or
 Tier IV standards.
 VI. Nontechnical Requirements
   In addition to the technical stack
 emission standards discussed above.
 EPA is also proposing to apply the
 nontechnical standards applicable to
 other hazardous waste treatment.
 storage, and disposal facilities to boilers
 and industrial furnaces burning
 hazardous waste. These nontechnical
 standards address the potential hazards
 from spills, fires, explosives, and
 unintended egress:  require compliance
 with the manifest system to complete
 the cradle to grave  tracking system:
 ensure that hazardous wastes (and
 hazardous residues) are removed from
 the site upon closure; and ensure that
 the owners and operators are financially
 capable of complying with the
 standards.
  The nontechnical standards that
 would apply under  today's rule to
 boilers and industrial furnaces burning
 hazardous waste are identical to those
 that currently apply to hazardous waste
 incineration facilities. The Part 264
 permit standards applicable to
 incinerators would apply to permitted
 boilers and industrial furnaces and the
 Part 265 standards applicable to
 incinerators would apply to boilers and
 industnal furnaces in interim status.
 Those standards are prescribed in
 proposed S 266.34-1 (c) for permitted
 facilities and § 266.35-1 (d) for interim
 status facilities.

 VII. Proposed Exemption of Small
 Quantity On-Site Burners
  Section 3004(q)(2)(B) of RCRA
 provides EPA with explicit authority to
 exempt from  regulation facilities which
 burn de minimis quantities of their own
 hazardous wastes. The Administrator is
 to ensure that such waste fuels are
 burned in devices designed and
 operated in a manner sufficient to
 ensure adequate destruction and
 removal to protect human health and the
 environment. The Agency has carefully
 evaluated the risks posed by small
quantity burning, and concluded that a
conditional exemption for small quantity
burners should be allowed because an
exemption can be structured to exempt
facilities whose practices pose
insignificant risk. The scope of the
exemption, rationale for the exemption.
 and a brief description of the methods
 used to develop eligibility conditions are
 discussed below.

 A.Scope
   Burner eligibility for the exemption
 will be determined by two principal
 factors: device size and the quantity of
 "waste burned per month. The Agency is
 proposing to set different volume cut-
 offs for different device sizes. See
 proposed § 266.34-1 (b). These volumes
 were calculated using a series of
 conservative assumptions about device
 location, waste composition, and
 destruction efficiency of organic
 constituents. These volumes, if burned.
 are expected to pose insignificant health
 risks. While the Agency recognizes that
 calculations based on less conservative
 assumptions would result in much larger
 volume estimates, EPA believes that the
 variation within burning practices
 justifies the use of the selected
 assumptions—especially since eligible
 burners will be exempt from all of the
 permitting standards otherwise
 applicable to waste-as-fuel activities.
 The only requirements that would apply
 to such small quantity burners are that
 they notify EPA within 30 days of final
 promulgation of this rule that they are
 burning small quantities of hazardous
 waste and that they keep records to
 demonstrate conformance with the
 quantity and firing rate limits.
   With two exceptions discussed below,
 any device regulated by these standards
 burning hazardous waste fuel at a rate
 lower than the applicable volume cut-off
 is eligible for the de minimis burner
 exemption from permitting standards.
 This exemption is intended to apply to
 any boiler, including residential,
 institutional, commercial, industnal and
 utility boilers. The exemption also
 applies to all blast furnaces, asphalt
 kilns, lime kilns, sulfur recovery
 furnaces, light-weight aggregate kilns.
 and cement kilns burning hazardous
 wastes.87 The Agency has performed
 conservative evaluations of the potential
 risks posed by these small quantity
 burners, and has determined that no
 regulatory controls (other than
 notification and recordkeeping
 requirements and a limit on the
 maximum firing rate) are necessary to
 ensure protection of human health and
 the environment.
  For the most part, the exemption
would be limited to the types of
  •' Olher Industrial furnaces are not eligible for
the exemption because they were not included in
the nik assessment developed to support this
provision We specifically request Information on
the burning of small quantities of hazardous waste
in other industnal furnaces.

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17010
                Federal  Register / Vol. 52. Ne»^7 /  Wednesday. May 6.  1987 / Propoaed Rules
situations described in the statutory
provisions. Thus, only burners who burn
hazardous waste fuels they generate on-
site would be eligible for the
exemption.58 Although wastes
generated off-site may not pose greater
risks when burned'than those generated
on-site, as a practical matter, burners
accepting waste from off-site are not
likely to be able to meet the de minimis
quantity limits. In addition, facilities
which burn de minimis quantities of
hazardous wastes must notify EPA that
they are burning hazardous wastes and
maintain records of the waste quantities
burned. Also, in order to ensure that
large quantities of wastes are not
burned within a short period of time that
could result in lower destruction
efficiencies than assumed in the
analysis (e.g.. lower than 99%). exempt
burning would be conditioned on a limit
on the waste burning rate. Hazardous
wastes could not be fired at greater than
1 percent of the boiler finng rate at any
point in tune. Thus, the rule would
require that burners keep records to
document that they are not exceeding
the 1 percent firing rate limit.
  Boilers and furnaces burning
hazardous waste fuels containing or
denved from any of the following acute
hazardous wastes are not eligible for the
exemption: EPA Hazardous Waste Nos.
F020. F021. F022. F023. F026. and F027.
Given the toxicity of these wastes,  EPA
does not believe it is appropriate to
exempt them from regulation.
Hazardous waste fuels containing or
derived from these acutely hazardous
wastes must be burned at a 99.9999
percent destruction and  removal
efficiency (ORE) under today's proposed
rules. We cannot expect boilers and
furnaces to achieve that level of ORE
when operating outside of the Agency's
regulatory system.
  Finally, there are limits on the number
of sources allowed under this exemption
due to the limitations of the risk analysis
as discussed below. In addition, no more
than one type of device may burn waste
under this exemption at a given site.
  ** Boilers and furnaces that bum their own
hazardous waste fuels as well as hazardous waste
fuels generated by small quantity generators and
exempt from regulation under 40 CFR 281.5 are
eligible for the proposed small quantity burner
exemption because such small quantity generator
hazardous waste fuels are exempt from these
proposed rules Those exempt small quantity
generator hazardous waste fuels must, however, be
counted in the small quantify burner volume
determination because the volume limits are nsk-
based When larger volumes of hazardous waste
fuels are burned outside of today's proposed
controls, the nsk could be significant irrespective of
the source of generation of the waste.
                                        B. Rationale

                                          The Regulatory Impact Analysis (RIA)
                                        developed in support of this rule ••
                                        indicates that a large number of devices.
                                        especially boilers, burn very small
                                        quantities of hazardous waste fuel—
                                        approximately 25 percent of all burners
                                        (250 devices) bum less than 50 gallons
                                        per month. The RIA concludes that it
                                        would not b'e cost-effective for these
                                        devices to comply with the proposed
                                        controls since alternative management
                                        practices would be less expensive. The
                                        RIA also concludes that the risks posed
                                        by these devices are insignificant. Thus,
                                        the proposed small quantity exemption
                                        is designed to avoid disturbance of a
                                        common waste recycling practice which
                                        the Agency recognizes as protective of
                                        human health and the environment.

                                        C. Basis for Selecting Quantity Limits

                                          A detailed description of the
                                        methodology used to calculate volume
                                        cut-offs for the exemption is available
                                        for public review and comment.60 A
                                        summary of the methodology is
                                        presented here for the reader's
                                        convenience.
                                          EPA evaluated the risks posed by
                                        emissions of organic compounds, metals,
                                        and hydrogen chloride, the parameters
                                        controlled in the substantive regulations.
                                        The analysis demonstrates that the risks
                                        posed by organic emissions from waste-
                                        as-fuel activities are overwhelmingly
                                        dominated by the risks posed by
                                        carcinogenic (as opposed to
                                        noncarcinogenic) waste constituents.
                                        Accordingly, the initial evaluation
                                        performed in support  of the de minimis
                                        exemption focused  exclusively on
                                        carcinogenic risks, on the assumption
                                        that controls ensuring insignificant risks
                                        from organic carcinogens will ensure
                                        protection against non-carcinogenic
                                        releases. This assumption was
                                        confirmed by evaluating the potential
                                        risks from metals and hydrogen chloride
                                        which could result when those
                                        quantities of waste indicated by the risk
                                        analysis for organic carcinogens were
                                        burned.
                                          The risks from burning small
                                        quantities of hazardous waste in boilers
                                        are determined primarily by the
                                        following factors:
                                          • Composition of the waste stream
                                        being burned;
                                          •• Industrial Economics Incorporated. Regulatory
                                         Analysis for Waste at Fuel Technical Standards.
                                         October 1988 and addendum. January 1987.
                                          •° Versar Inc. Analysis for Calculating a De
                                         Minimis Risk Exemption for Burning Small
                                         Quantities of Wastes in Boilers and Industrial
                                         Furnaces. January 1987.
  • Toxicity and concentration of
hazardous constituents in the waste
stream;
  • Destruction efficiency achieved by
the device;
  • Local meteorology, which
determines the amount of dispersion of
stack emissions;
  • Clustering and size of sources, i.e..
number of boilers at a specific location.
  • The type of device in which the
waste is being burned.
  The values of these parameters can
and do vary widely. Therefore, in order
to perform the risk analysis, the Agency
duplicated a hypothetical situation
which would be considered a
reasonable, worst-case scenario. This
methodology was used to calculate the
volume cutoffs for the various  boiler
sizes which would result in less than a 1
in 100,000 risk of cancer to an individual
residing for 70 years at the ground level
point of maximum exposure to
reasonable, worst-case stack emissions.
Separate calculations were made for
each of the device sizes evaluated,
resulting in differing quantity limits for
each device size. The rationale for the
assumptions  used in the nsk analysis is
discussed below.
   1. Composition of hazardous waste
stream. Composition data on hazardous
waste-derived fuels is scarce.
Information gathered by the mail
questionnaire survey and other industry
contacts indicates that most of the
matenals burned are organic solvents
that are usually classified as hazardous
based on ignitability plus toxicity. In
addition, analysis of past tests and
ongoing studies indicate that the burning
of most hazardous wastes may show
risks which are-very similar to the risks
of burning fossil fuels. The actual
concentrations of carcinogens in wastes
burned by 21 facilities during tPA's field
testing program for boilers and
industrial furnaces ranged from zero to
17 percent with an average of
approximately 4 percent. For the
purposes of this risk assessment, the
waste streams were assumed  to contain
50 percent carcinogenic compounds.
   2. Toxicity of hazardous constituents.
In addition to assuming that the waste
stream contained 50 percent
carcinogenic compounds, we assumed
that the carcinogens had a potency
equivalent to a Q* (slope of the dose
response relationship) of 1. This potency
is comparable to the potency of PCBs,
 DDT. chlordane. and toxaphene.
Further, the assumed potency of the
 carcinogenic compounds  is 15 times
greater than the average potency of the
 carcinogens  found in the wastes at the
 21 field test facilities.

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                 Federal Register / Vol. 52. No. 87  /  Wednesday. May 6.  1987 / Proposed  Rules
                                                                       17011
   3. Destruction efficiency. The burner
 destruction efficiency determines the
 quantity of unburned hazardous wastes
 which will be emitted from the stack.
 Assumed values for boiler and furnace
 performance were selected based upon
 a review of test data generated in
 support of this rule and based on the
 professional judgment of Agency staff
 familiar with the destruction and
 removal efficiencies (ORE) typically
 achieved by boilers. It was assumed
 that, in the worst-case, boilers and
 furnaces would only achieve 99 percent
 ORE of organic constituents. This
 represents a very poorly performing
 combustion device. In fact, as explained
 previously, most boilers and furnaces
 can be expected to achieve 99.99 percent
 ORE of organic waste constituents even
 when operated under less than optimal
 conditions.
   In addition to the incomplete
 combustion of the organic hazardous
 waste constituents (POHCs), there are
 also products of incomplete combustion
 (PICs) present in the emissions from
 burning hazardous wastes (and any
 other fuel). These PICs can make a
 significant contribution with respect to
 the risks from a source. A PIC to POHC
 ratio of 5.0 was selected for the nsk
 analysis based on a review of test data
 for the unsteady state tests discussed
 previously. The carcinogenic potency
 assumed for PICs is the same as that
 assumed for the incompletely burned
 hazardous waste or POHCs (Q
 Star=1.0). This is considered a very
 conservative assumption.
  4. Clustering and size of sources. The
 size of the sources and the number of
 emission points which exist at  a location
 have a major impact on ambient air
 concentrations of the various
 constituents from stack emissions. The
 Agency's mail questionnaire survey of
 boilers burning hazardous wastes shows
 that more than two-thirds of the boilers
 are located on sites which have more
 than one boiler burning hazardous
 wastes. Therefore, for the purposes of
 this  analysis, a  site was assumed to
 have two boilers. In addition, for the
 reasonable, worst-case scenario, it was
 assumed that there would be two
 facilities adjacent to  each other. Finally,
 to simplify the modeling analysis, the
 conservative assumption was made that
 all four boilers were emitting at a single
 point. This conservatism was further
 reinforced by the assumption that the
 sources were simultaneously burning
 hazardous wastes. Various sizes of
 boilers were modeled using typical
 physical characteristics (e.g., stack
 height, flue gas rates  and temperatures).
The descriptions of the devices modeled
 are provided in the support document
 for this provision: Versar Inc.. Analysis
 for Calculating De Minimi's Risk
 Exemption for Burning Small Quantities
 of Hazardous Waste in Boilers and-
 Industrial Furnaces. January 1987. As a
 result of this limitation in the risk
 analysis, the number of boilers burning
 hazardous wastes under the small
 quantity burner exception is limited to
 two per site. The quantity limit for each
 would apply according to its size (i.e.,
 one boiler could not burn the quantity
 allocated to both). The EPA requests
 comments on whether this limitation  is
 reasonable and, if not, what method of
 apportionment should be used for sites
 with more than two boilers burning
 hazardous wastes under this exemption.
   For the industrial furnaces a similar
 analysis was made to determine the
 clustering of furnaces at a location. As a
 result of this review, it was determined
 that the following worst case clustering
 would be used:
   Blast Furnaces—2
   Asphalt Kilns—1
   Sulfur Recovery Furnaces—4
   Ught Weight Aggregate Kilns—3
   Lime Kilns—2
   Wet Cement Plants—3
   Dry Cement Plants—3
   As a result of this analysis, the
 number of furnaces burning hazardous
 waste under this exemption is limited to
 that on the above list. In addition, only
 one type of device may burn hazardous
 wastes under this exemption. This is
 because the risk analysis supporting the
 exemption did not take into account
 mixed categories or types of devices at a
 site. As with boilers, the EPA requests
 comments on whether this limitation is
 reasonable and. if not, what method of
 apportionment should be used for sites
 with more furnaces burning hazardous
 wastes under this exemption than is
 allowed on the above list.
  5. Dispersion. For purposes of the
 reasonable, worst-case analysis. EPA
 assumed that the devices were located
 in areas of complex terrain, and used
 appropriate dispersion models (the same
 used to develop the Tier I-III values for
 complex terrain) to evaluate pollutant
 dispersion. The assumption of complex
 terrain is generally conservative since it
 is the situation generally leading to the
 least dispersion.61
  11 We note that the devices were also modeled
assuming they were located in flat terrain. In some
cases, the flat terrain modeling resulted in poorer
dispersion than the complex terrain modeling
because of unusual meteorologic or stack lip
downwash conditions. The modeling that resulted
in the poorer dispersion was used to establish these
quantity limits.
  6. Assumptions regarding metals and
 chlorine in waste fuels. A similar
 reasonable, worst case analysis was
 performed to evaluate the potential risks
 posed by emissions of toxic metals
 (including carcinogens) and hydrogen
 chloride from de minimi's burners. As a
 result, it was determined that, at the
 volume cut-offs specified by the
 exemption, metals emissions caused by
 cofinng of hazardous wastes containing
 metals at the 90th percentile level (see
 Table 1) would not pose a significant
 risk. The analysis also considered
 hydrogen chloride emissions and
 assumed a chlorine content of 50
 percent in the hazardous waste fuel. The
 chlorine content in actual hazardous
 wastes seldom exceeds 3 percent:
 however, the highest chlonne content
 measured in a hazardous waste fuel
 fired in a boiler of which EPA is aware
 was 43 percent. Predicted ground level
 concentrations of HC1 also did not
 exceed the reference air concentrations
 D. Exemption of Associated Storage

  Hazardous waste fuel storage
 practices prior to burning vary from site
 to site. Many facilities burning relatively
 large  quantities of hazardous waste
 fuels hold the fuels in a storage system
 and then pump the waste fuels through a
 dedicated line into the combustion zone
 of the boiler. Other facilities mix
 hazardous waste fuels with other fuels
 (typically virgin fuel oil) in a storage/
 mixing tank prior to burning the blended
 material. These tanks are not feasibly
 emptied of hazardous waste every 90
 days and so are in most cases ineligible
 for the generator accumulation
 provisions in § 262.34.
  Under the rule being proposed today.
 facilities storing unmixed hazardous
 waste fuels would be responsible for
 complying with all applicable standards
 for the storage of the hazardous waste
 fuel. Owners and operators that are
 eligible for the small quantity burner
 exemption and who mix toxic hazardous
 waste fuels with other fuels would,
 however, be exempt from the storage
 standards after such mixing. The basis
 for this exemption is discussed below.
  The Agency is proposing an
 exemption for storage of such storage/
 mixing tanks (for small quantity
 burners) in order for the de minimi's
 exemption in Section 3004(q)(2)(B) to
 have practical application. Congress
 evidently envisioned a class of facilities
 capable of burning small amounts of
 hazardous wastes safely absent
regulation, and viewed such burning as
a superior means of managing these
small  amounts of waste. Furthermore.
assuming that de minimis quantity

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Federal  Register / Vol. 52. No. 87  / Wednesday. May 6.  1987 / Proposed Rules
waste storage is conducted safely, the
Agency assumes that Congress also
envisioned exemption of the storage
since permitting storage would
discourage safe on-site burning just as
much as regulating the burning itself.
  We believe that storage of de minimi's
amounts of hazardous wastes mixed
with virgin fuels would pose no
significant incremental risks over
storage of virgin fuels. The monthly
volumes of hazardous waste fuel
covered by the de minimis exemption,
for example, represent less than 0.1
percent of the fuel flow rate through
these tanks. Under these circumstances,
we think the statutory exemption can
reasonably be read to encompass this
limited class of storage practices as
well.
   We note further that the Agency is
studying systematically other situations
where hazardous waste containing
mixtures may not be appropriately
subject to regulation, and intends to
 issue comprehensive rules addressing
 the issue genetically. It appears to us
 justifiable to address the question for
 the limited class of burning facilities in
 advance of other types of situations
 because Congress has singled out small
 quantity burning facilities for exemption
 where appropriate. We note further that
 to the extent these de minimis waste-
 virgin fuel tanks are underground
 storage tanks (as defined in section
 9001(1)). they would be subject to
 regulation under Subtitle I because they
 contain petroleum.
 VIII. Regulation of Combustion
 Residuals
    Residuals generated by the
 combustion of hazardous waste in
 boilers and individual furnaces include
 bottom -ash. fly ash (collected
 particulates), scrubber water and blast
 furnace slag. As discussed below,
 although most residuals are exempt from
 regulation, some are subject to
 regulation either by virtue of the
 "derived-from" rule of § 261.3(c)(2) (i.e.,
 residues generated by the treatment of
 listed hazardous waste remain
 hazardous waste until delisted) or
 because they exhibit a characteristic  of
  hazardous waste identified in Subpart C
  of Part 261.
    We are not proposing today to revise
  the regulation of combustion residuals.
  We are. however, proposing an
  interpretation of how residuals would be
  regulated when generated by industrial
  furnaces involving extraction.
  beneficiation. and processing of ores
  and minerals (and cement kilns). The
  following discussion summarizes  the
  current situation and the basis for the
  proposed interpretation.
                        A. Residuals from Boilers
                          Residuals generated primarily by the
                        combustion of fossil fuels are not RCRA
                        hazardous waste. See 5 261.4(b)(4). As
                        discussed at 50 FR 49190 (November 29.
                        1985), the Agency has interpreted this
                        exclusion to apply to boilers cofiring
                        hazardous waste with fossil fuel as
                        follows: (1) residuals are exempt if the
                        hazardous waste is cofired with coal
                        and the coal provides at least 50% of the
                        boiler's fuel requirement on a volume or
                        heat input basis, whichever results in
                        the larger volume of coal: and (2)
                        residuals are not exempt if the
                        hazardous waste is cofired with oil or
                        gas.  or with coal where the coal
                        provides less than 50% of the boiler's
                        fuel  requirements. The Agency has
                        taken this approach because when
                        hazardous waste is cofired with large
                        volumes of coal any contaminants from
                        the hazardous waste would be largely
                        diluted by coal ash. This may not be the
                        case with oil or gas combustion given
                        low volumes of ash generally produced
                        by combustion of these fuels.
                           Residuals that are not exempt are
                        hazardous waste if the hazardous waste
                        burned contains (or is derived from) a
                        listed hazardous waste, or if the residual
                        exhibits a characteristic of hazardous
                        waste. If the residual is hazardous by
                        virtue of the "derived-from" rule, an
                        owner or operator can petition the
                         Administrator under provisions of
                         § 260.20 to demonstrate that the residual
                         no longer meets the criteria for listing
                         and should be "delisted."
                           After considering the limited data
                         available on the carryover of
                         constituents from the hazardous waste
                         to the residuals,63 the  Agency is not
                         proposing to change the interpretation
                         discussed above. The Agency, however,
                         specifically requests data on the organic
                         constituents of boiler residuals
                         attributable to burning hazardous waste.
                         B. Residuals from industrial furnaces
                           The residuals from most industrial
                         furnaces involved in burning hazardous
                         waste are not RCRA hazardous waste.
                         Residuals from blast furnaces, primary
                          smelting furnaces, light-weight aggregate
                          kilns, and lime kilns are exempt under
                          the exemption provided by S  261.4(b)(7)
                          for solid waste generated by the
                          beneficiation  and processing  of ores and
                          minerals. Cement kiln dust waste is
                          exempt under 5 261.4(b)(8).
                            These regulatory provisions
                          implement RCRA section
                            •* Accurex Corp. Engineering Assessment
                          Reports. Hazardous Waste Cofmnq in Industrial
                          Boilers. August 1984. Accurex Corp. Hazardous
                          Waste Cofmng in Industrial Boiler* Under
                          Nonsteady Operating Conditions. August 1986.
3001(b)(3){A)(iiH»u)- These provisions
exclude from Subtitle C regulation
wastes from certain processes, namely
from the extraction, beneficiation. and
processing of ores and minerals, and
from cement kilns. In evaluating the
burning processes that are encompassed
by the exclusion, the natural focus of
inquiry is on the materials processed in
the industrial furnace: are they ores or
minerals (e.g.. limestone, shale)? If not
what are the percentages of other
materials (i.e.. nonores or nonminerals
such as solid or hazardous wastes)
burned, and are they sufficient to
indicate that the furnace is essentially
engaged in a different type of process?
Put another way, the ultimate question
is whether the industrial furnace is
engaged in a process whose wastes are
excluded from regulation, and the
question is answered by examining the
types and proportions of materials
 actually being processed.
   Under this logic, the Agency views
 these statutory provisions as applying in
 the following ways when an industrial
 furnace processing an ore or mineral or
 generating cement kiln dust waste also
 bums a hazardous waste. First, if the
 device is burning the hazardous waste
 solely for energy recovery, the Agency
 in all cases considers the residues to be
 from processing an ore or mineral (or  to
 be cement kiln dust waste) and hence
 excluded. This is because the hazardous
 waste fuels are not being processed
 directly, in the sense of contributing any
 material values to the product being
 produced by the device. Consequently,
 the device is processing an ore or
 mineral (or producing cement)  and thus
 generating an excluded waste. In this
 regard, we note that Congress in section
 3004(q) indicatedspecifically that the
 new RCRA waste-as-fuel provisions do
 not affect regulatory determinations
 under section 3001(b)(3). See also 50 FR
 49190 n. 89 (Nov. 29.1985) noting that
  these residues remain excluded.
    When one of these devices burns a
  hazardous waste for material recovery,
  the analysis differs somewhat. This is
  because the wastes are actually being
  processed. At some point, therefore,  the
  device would no longer be considered to
  be processing an ore or mineral if the
  greater volume of material feed is a
  hazardous waste (or other secondary
  material). Thus, if a majority of material
  feed processed in a device is not an ore
  or mineral (for cement kilns, limestone
  or shale), then resulting residues are not
  deemed to be from processing an ore or
  mineral (e.g.. a cement kiln dust waste).
  An example would be a smelting
   furnace which bums secondary
   materials (rather than ore concentrate)

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                  Federal Register /  Vol. 52.  No. 87  /  Wednesday. May 6, 1987 / Proposed Rules
                                                                        17013
  as the majority of its feedstock. In fact.
  EPA has consistently taken the position
  that wastes from secondary smelting do
  not qualify for the exclusion. See 50 FR
  40293 (October 1985).
    Finally, we caution that these
  principles do not apply when a device
  burns wastes to destroy them,  or where
  destruction is a dominant purpose of
  burning. Such a device would not be
  performing the type of process indicated
  in section 3001(b)(3). but would really be
  incinerating wastes. (Cf. existing
  § 264.340(a)(2) which states that
  industrial furnaces and boilers burning
  hazardous wastes to destroy them
  operate as incinerators and are subject
  to the same standards.) For example, if a
  cement kiln were to burn hazardous
  waste fuels in quantities greatly in
  excess of those needed to fire the kiln.
  the device could not be deemed to be
  functioning to produce cement but to
  destroy hazardous waste, and residues
  would not be excluded. If a blast
  furnace or aggregate kiln were to burn
  large volumes of hazardous waste which
 did not contribute to the production of
 iron or aggregate, residues from burning
 would not be excluded. Relevant factors
 in making the determination include the
 revenues derived from burning wastes
 (either solid or hazardous) versus
 producing a product, the types and
 range of wastes burned in the device
 and what they contribute to the process.
 and the purpose for which the device is
 held out to the public.
   The Agency solicits comment on these
 interpretations. If commenters disagree
 with any point, they are requested to
 describe particular situations that they
 believe the Agency's reading fails to
 accommodate. EPA notes as well that
 alternative readings of section 3001(b)(3)
 are possible. One could argue, for
 example, that Congress contemplated a
 temporary exclusion for wastes  whose
 character was determined by the
 processing of an ore or mineral.  To the
 extent an industrial furnace processed
 wastes along with ores or minerals and
 these processed wastes determined the
 character of the resulting waste
 residues, one thus could maintain that
 Congress did not intend to exclude the
 residual wastes. The Agency indeed has
 expressed this position with regard to
 wastes from utility boilers cofinng oil or
 gas and hazardous wastes (50 FR 49190
 and n. 87-89 (Nov. 29.1985) citing 1981
 correspondence between the Director of
 the Office of Solid Waste and the Utility
Solid Waste Activities Group), where
we reasoned that resulting fly ash would
reflect the nonfossil fuel component
burned in the boiler. Applied to an
industrial furnace, if furnace residues
  exhibited a hazardous waste
  characteristic when processing non-ore
  or mineral feed, but did not when
  processing only ores and minerals, those
  residues could be considered to be non-
  exempt hazardous wastes. Although this
  reading may reflect the literal statutory
  language less well than the one given
  above, we solicit comment on this
  possible approach. Commenters
  likewise are requested to describe
  particular situations whenever possible.
  Part FOUR Interim Status Standards and
  Permit Procedures
   This part describes the procedures for
  issuing permits for facilities that operate
  in conformance with  the proposed
  controls discussed in Part Three. This
  part also describes standards that
  would apply to existing facilities until
  they are closed or a permit is issued.
 /. Interim Status Standards
   Interim status standards apply to
 owners and operators of boilers  and
 industrial furnaces burning hazardous
 waste on or before the effective date of
 these standards. Such boilers or
 industrial furnaces are referred to as
 being "in existence." A boiler or
 industrial furnace is also considered to
 be in existence if it is under construction
 that would enable it to burn hazardous
 waste on or before the effective date of
 these standards. A facility has
 commenced construction if it meets the
 conditions provided by paragraphs (1)
 and (2) of the definition of "Existing
 hazardous waste management (HWM)
 facility" in 40 CFR 260.10 and 270.2.
 Those conditions require that all permits
 necessary to begin physical construction
 be obtained, and that either continuous
 physical construction be underway or
 that the owner or operator be under
 contractual obligations for physical
 construction that cannot be cancelled or
 modified without substantial loss. We
 also note  that, if the facility already has
 other units which have interim status.
 § 270.70(c)(2) allows addition of new
 treatment processes (e.g.. a boiler
 existing at a storage facility) where
 necessary to comply with new Federal
 regulations. Under existing rules.
 however, such changes shall not amount
 to reconstruction of the facility. See
 § 270.70(e). EPA is proposing to amend
 the rules to state that this reconstruction
 ban does not apply to  situations where
 changes in interim status are needed to
 comply with new Federal rules. EPA.
 thus, intends that the reconstruction ban
not apply where boilers and industrial
 furnaces operate at existing interim
status facilities.
  Interim status standards apply to
existing facilities until they are closed
 under the provisions of those standards
 or until a permit is issued.
   EPA is proposing to apply the
 following standards to boilers and
 industrial fumaced burning hazardous
 waste during interim status: (1) General
 (nontechnical) facility standards; (2)
 operating requirements, including metals
 and hydrogen chloride standards and
 carbon monoxide limits; (3) monitoring
 and inspection requirements; (4) waste
 analysis and closure requirements; and
 (5) prohibition on burning dioxin-
 containing waste. The basis for these
 provisions is discussed below.
 A. General Facility Standards

   EPA is proposing to apply the existing
 nontechnical interim status standards
 applicable to hazardous waste
 incinerators and other storage.
 treatment, and disposal facilities to
 boilers and industrial furnaces. Those
 standards are necessary to ensure that
 general facility operations are
 conducted in a safe manner by
 technically and financially competent
 owners and operators. The standards
 are codified in Subparts A. B, C. D. E. G,
 and H of Part 265 and address  •
 nontechnical aspects of safe operations
 such as facility security: inspections;
 personnel training: emergency
 equipment plans, and  procedures; use of
 the manifest system: closure; and
 financial responsibility requirements.
 The standards in those subparts
 relevant to combustion devices are
 incorporated by reference in today's
 proposed rule in $ 266.35-l(d).

 B. Operating Requirements

  EPA is proposing that two substantive
 standards apply .during interim status:
 (1) metals and hydrogen chloride
 controls: and (2) Due gas carbon
 monoxide limits. The basis for these
 requirements is discussed  below.
  1. Metals and hydrogen chloride
 standards. To minimize the effects of
 metals and hydrogen chloride emissions
 on affected populations, these proposed
 regulations would require facilities '
 under interim status to meet the
 standards set forth in § 26&34-4(3) (b)
 and (c). The facility may meet any one
 of the Tier I-UI standards.  But the
 facility must meet the chosen standard
 within 12 months of final promulgation
 of this rule. (The Agency believes that it
 is reasonable to allow 12 months for
 compliance with the metals and
 hydrogen chloride (and CO) standards
given that significant physical
modification (e.g., improvements to
emissions control devices)  may be
required.) In addition, the owner or
operator of a facility may apply for risk-

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Federal Register  /  Vol. 52, No. 87  / Wednesday. May 6.  1987 / Proposed Rules
based standards under Tier IV.
However, if a permit applicant chooses
this route, he must submit his Part B
application along with the risk
assessment for his site-specific
standards within 6 months of final
promulgation of this rule. The approach
required for the risk assessment is
discussed elsewhere in today's proposal
and will be included in the Risk
Assessment Guideline. Site specific air
dispersion modeling will be required for
the Tier IV  standard as well as
emissions testing, where applicable (i.e..
to obtain credit for air pollution control
equipment).
  The owner or operator must conduct
sampling and analysis as necessary and,
under Tier IV, emissions testing to show
that he is meeting the metals and HCI
standards, and maintain such records so
as to show  his compliance with the
standards until a permit is issued.
  2. Carbon monoxide limits. To ensure
that boilers and industrial furnaces
burning hazardous waste during interim
status operate at high combustion
efficiency, we are proposing to require
compliance with flue gas carbon
monoxide (CO) limits and to prohibit
burning hazardous waste during start-up
and shut-down. The rationale and basis
for these requirements has been
discussed in section II.B of Part Three of
this preamble. The CO limits applicable
to permitted facilities would also apply
to interim status facilities within 12
months of promulgation of this rule.
Thus, continuous monitoring of CO and
oxygen flue gas levels would be
required. We believe that limiting CO
levels will, in most cases, ensure that
the device is achieving 99.99 percent
destruction efficiency and is minimizing
emissions of incompletely burned
hydrocarbons. A 12-month effective date
is provided to enable the owner and
operator to install and shake-down the
CO monitoring/recording equipment.
   We are also proposing optional
standards for boilers that would be
permitted without a trial bum. These
standards are discussed in section II-C
of Part Three of this preamble and
would be codified in proposed § 266.34-
6(b)(4) of the permit standards and
proposed § 266.35-3(c) of the interim
status standards. Not only would boilers
operated under these special conditions
be permitted without a trial bum to
demonstrate conformance with the ORE
standard." but permit officials could
  63 No emissions testing would be required if the
 metals and chlorine waste specification levels or
 calculated allowable feed rates were not exceeded.
 See proposed i i 286 34-6(c) (2) and (3) and 2S&34-
 6|d) (2) and (3)
                        consider the fact that such boilers are
                        already operating virtually in
                        compliance with these permit standards
                        in setting priorities for permitting
                        interim status facilities. To determine
                        whether boilers are operating in
                        conformance with the optional
                        standards, permit officials can request
                        written certifications from boiler owners
                        and operators submitting Part A permit
                        applications.
                          The Agency considered whether
                        boilers for which emissions tes'.ing
                        would not be required under the permit
                        standards could be deemed
                        automatically to have a permit without
                        complying with the formal permit
                        procedures (e.g., submission of Part A
                        and Part B permit applications;
                        opportunity for public hearings). Boiler
                        owners and operators could avoid
                        emissions testing under today's
                        proposed rules by: (1) Complying with
                        the special operating conditions to
                        ensure conformance with the
                        performance standards for the control of
                        organic emissions; and (2) complying
                        with the metals and chlorine waste
                        specification levels or calculated mass
                        feed rate limits to ensure compliance
                        with the metals and chlorine
                        performance standards. Given that such
                        boilers are already in compliance with
                        the technical permit standards, they
                        would be in "interim status" in name
                        only. If the Agency could be sure that
                        such owners and operators were, in fact
                        complying with the standards, the
                        formal permitting process would be
                        unnecessary and such facilities could be
                        considered automatically to have a
                        permit.
                          Although the special operating
                        conditions-proposed today in lieu of
                        organic emissions testing have not been
                        developed to make them completely
                        self-implementing, we believe they could
                        be. Unfortunately, however, the Agency
                        does not believe that RCRA provides the
                        statutory authority to waive formal
                        permitting procedures for facilities that
                        would be subject to substantive
                        controls. The Agency interprets RCRA
                        as unambiguously requiring formal
                        permitting of regulated treatment.
                        storage, and disposal facilities. Permits
                        could be waived only when a facility is
                        unconditionally exempt from regulation
                        or exempt with minimal substantive
                        conditions. Corrective action for
                        releases of hazardous constituents from
                        solid waste management units is tied
                        directly to the permitting process as
                        well. Thus, we believe that boilers
                        operating under the proposed standards
                        in lieu of emissions testing require
                        formal permitting because they must
                        comply with substantive controls. (On
the other hand, we believe that the
proposed conditional exemption for
burners of small quantities of hazardous
wastes meets the test of minimal
substantive controls—and moreover is
directly sanctioned by statute. Thus, we
believe that an exemption from the
permit procedures for small quantity
burners is consistent with the intent of
HSWA.)
C. Monitoring and Inspections
  Like permitted facilities, facilities in
interim status would be required to
install, operate, and maintain, within 12
months of this rule's promulgation,
continuous flue gas monitors for carbon
monoxide (CO) and oxygen in
accordance with Guideline for
Continuous Monitoring of Carbon
Monoxide at Hazardous Waste
Incinerators. Appendix D. PES, January
1987 (Draft Report).
  In addition, we are proposing to
require other monitonng and inspections
virtually identical to that required for
interim status incinerators under
§ 265.347. Existing instruments that
relate to combustion and emission
control would have to be monitored at
least every 15 minutes and appropriate •
corrections to maintain steady-state
combustion conditions and emission
control would have to be made
immediately. Instruments that relate to
combustion and emission control would
normally include those measuring
hazardous waste feed rate, feed rate of
other fuels, feed rate of industrial
furnace feedstocks, hazardous waste
firing system pressure, scrubber water
flow rate and pH, electrostatic
precipitator spark rate, and fabric filter
pressure drop.
  The boiler or Industrial furnace and
associated equipment  (pumps, valves,
pipes, etc.) would also have to be
subjected to thorough visual inspection
 at least daily when hazardous waste is
 burned, for leaks, spills, fugitive
 emissions, and signs of tampering. It
 should be noted that some of these
 associated devices would be
 "equipment in VHAP (volatile
 hazardous air pollutant) service" within
 the meaning of EPA's recent proposal to
 control air emissions at certain RCRA
 facilities. 52 FR 3748 (Feb. 5.1987). and
 would be controlled by the standards
 proposed in that rule.
   Finally, the emergency hazardous
 waste feed  cutoff system and associated
 alarms would have to be tested at least
 weekly when hazardous waste is bumed
 to  verify  operability, unless the owner or
 operator has written documentation  that
 weekly inspections will unduly restrict
 or upset operations and that less

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                Federal Register / Vol. 52. No. 87 / Wednesday.- May 6. 1987 /  Proposed Rules	17015
 frequent inspections will be adequate.
 At a minimum, however, operational
 testing would be required at least
 monthly.

 D. Wast» Analysis and Closure

   In adi'    i to the general waste
 analysis,.  nuirements of § 265.13 and
 the general closure requirements of
 §§ 265.111-265.115. all of which would
 be incorporated in these standards by
 reference, we are proposing additional
 requirements specific to burning
 hazardous waste in boilers and
 industrial furnaces. These specific
 requirements are similar to those
 required for incinerators operating
 under interim status, See §§265.341 and
 265.351.
   Owners or operators of boilers and
 industrial furnaces burning hazardous
 waste would have to analyze the waste
 sufficiently to determine the type of
 pollutants that might be emitted. At a
 minimum, the analyses must determine
 the concentrations of organic and
 inorganic compounds (including metals)
 identified in Appendix VIII that may
 reasonably be expected to be in the
 waste, and chlorine in the waste, on an
 as-fired basis (i.e., either in the waste or
 after any blending with other wastes or
 fuels), unless the owner or operator has
 written, documented data that show that
 the element is not present. Analyses of
 these elements would be required either
 because their emissions would be
 controlled under the proposed standards
 or because the permit writer could use
 the authority of HSWA Section 3005(c)
 to control emissions as necessary to
 protect public health and the
 environment In addition, the heating
 value of the waste must be determined
 to enable the owner and operator to
 consider how completely the material
 may burn considering the waste firing
 rate, firing system, waste/air mixing.
 combustion gas temperatures, and
 retention time at those temperatures.
 Finally, the owner or operator would be
 required to analyze sufficiently any
 hazardous waste he has not previously
 burned in his boiler or industrial furnace
 to enable him to establish steady-state
 (normal) operating conditions and to
 comply with the stack gas carbon
 monoxide (CO) and metals and HC1
 standards provided by proposed
 § 266.35-3.
  With respect to closure, the owner or
operator would be required to remove
all hazardous waste and hazardous
waste residues (including, but not
limited to, ash, scrubber water, and
scrubber sludges) from the boiler or
industrial furnace site.
 E. Prohibition on Burning Dioxin-
 Containing Wastes
   Hazardous waste containing or
 derived from any of the following
 dioxin-containing wastes could not be
 bumed in a boiler or industrial furnace
 operating under interim status: EPA
 Hazardous Waste Nos. F020, F021, F022.
 F023, F026. and F027. Burning these
 dioxin-containing wastes dunng interim
 status is prohibited because boilers and
 industrial furnaces could not be
 assumed to achieve the 99.9999 percent
 ORE (Destruction and Removal
 Efficiency) required for these wastes to
 protect human health adequately under
 the permit standards. The prohibition on
 burning dioxin-containing wastes would
 be codified in proposed § 266.35-l(c),
 and the requirement for permitted
 facilities to demonstrate 99.9999 percent
 DRE for these wastes would be codified
 in proposed § 268.34-4(a)(l)(iii).

 F. Exemption of Small Quantity On-Site
 Burners
  The burning of extremely small
 quantities of hazardous waste (e.g., 7
 gallons per month for small boilers and
 up to 300 gallons per month for large
 boilers) absent regulatory control (i.e.,
 assuming poor combustion conditions)
 poses negligible risks. See discussion  in
 Section V of Part Three of this preamble.
 Therefore, a conditional exemption for
 burners of small quantities of hazardous
 waste generated on-site would be
 codified in proposed § 266.35-1 (b)(l)
 (interim status standards), and § 266.34-
 l(b)(permit standards). The exemption
 would be conditioned as follows: (1) The
 wastes must be generated on-site: (2)  the
 total quantity of waste burned in a
 calendar month as a function of boiler
 size and the quantity bumed at any
 point in time must not exceed 1% of
 boiler feed on a heat or volume input
 basis; and (3) the waste must not
 contain or be derived from dioxin-
 containing wastes.

 //. Permit Procedures
  Boilers and industrial furnaces
 burning hazardous waste would be
 subject to the permit procedures of Part
 270 for hazardous waste treatment,
 storage, and disposal facilities. In
 particular, existing facilities would be
 required to submit Part A of the permit
 application containing the information
 identified in existing § 270.13 within six
 months of the effective date of final
rules promulgated subsequent to today's
proposal. When requested by permit
officials, owners and operators of
interim status facilities must submit Part
B of the permit application. General
information on the contents of Part B of
the application is provided in existing
§ 270.14. Specific information for Part B
of the application for boilers and
industrial furnaces is provided in
proposed § 270.22. In addition.
information on the special types of
permits for boilers and industrial
furnaces and trial bum procedures is
provided in proposed § 270.65.
  New facilities would be required to
submit Part A and Part B of the permit
application at least 180 days before
physical construction is expected to
commence. See existing § 270.1(b).
  Proposed § 5 270.22 and 270.65 are
patterned after the permit procedures
for hazardous waste incinerators in
§§ 270.19 and 270.62. The proposed
sections are discussed below.

A. Proposed §  270.22: Specific Part B
Information
  Proposed § 270.22 provides specific
information requirements for Part B of
the permit application. Paragraph (a)
requires a trial bum to demonstrate
conformance with the performance
standards, unless the documentation to
support the waiver of a trial burn
required in proposed paragraph (c) is
provided. Paragraph (b) requires owners
and operators required to conduct a trial
burn to submit a bum plan or the results
of a trial burn in accordance with
proposed § 270.65.
  Paragraph (c) requires documentation
to support a waiver of a trial burn  under
the following exemptions:
  1. Boilers operated under the special
conditions for conformance with the
organic emission standard. When
seeking the exemption for a trial bum to
demonstrate that the boiler is in
conformance with the organic emission
standard in proposed § 266.34-4(a), the
owner or operator must submit
documentation that the boiler operates
in conformance with the special
conditions provided by proposed
§ 266.34-6(b)(4).
  2. Waiver of a trial bum to
demonstrate conformance with the
metals emission standard. When
seeking the exemption for emissions
testing to demonstrate conformance
with the metals emissions performance
standards in proposed § 266.34-4(b), the
owner or operator must either (a)
Document by analysis that the
hazardous waste itself or, as fired, (i.e.,
after any blending with other wastes or
fuels) does not contain metals at levels
higher than allowed in the Tier I metals
specification in proposed § 266.34-
4(b)(l); or (b) document by analysis of
the hazardous waste, other fuels, and
industrial furnace feedstocks and by
records of operating procedures (for

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Federal  Register / Vol. 52, No, S3 / Wednesday. May 6. 1987 / Proposed Rules
existing facilities) or by planned
operating procedures (for new facilities)
that the metals concentrations in the
waste will not exceed the Tier II levels
allowed by the equations in proposed
§ 266.34-4(b)(2), considering the metals
levels in the hazardous waste itself or,
as fired, other fuels, and industrial
furnace feedstocks, and the feed rate of
the hazardous waste, other fuels, and
industrial furnace feedstocks.
  If neither the Tier I nor Tier II
standards are met for a metal, emission
testing to demonstrate conformance
with the metals performance standards
is required for all metals.
  3. Waiver of a  trial burn  to
demonstrate conformance  with the HCl
emission standard. When seeking the
exemption for emissions testing to
demonstrate conformance with the
hydrogen chlonde (HCI) emissions
performance standard in proposed
§ 266.34-4(c), the owner or  operator
must either  (a) Document by analysis
that the chlorine  content of the
hazardous waste itself, or as fired, does
not exceed the Tier I level allowed in
the chlorine specification in proposed
§ 266.34-4(c)(l); or (b) document by
analysis of the hazardous waste, other
fuels, and industrial furnace feedstocks
and by records of operating procedures
(for existing facilities) or by planned
operating procedures (for new facilities)
that the allowable Tier II chlorine
concentration in the waste  computed by
the equation in proposed §  266.34-4(c)(2)
will not be exceeded, considering the
chlonne level in the hazardous waste, as
fired, other fuels, and industrial furnace
feedstocks, the heating value of the
hazardous waste and other fuels, and
the feed rate of the hazardous waste,
other fuels, and industrial furnace
feedstock's.
  4. Data in lieu of a trial burn. The
owner or operator of a boiler or
industrial furnace may seek an
exemption from the trial burn by
providing information from trial or
operational burns of similar boilers or
industrial furnaces burning similar
waste under similar conditions. The
Director shall approve a permit
application without a trial  burn if he
finds that the hazardous wastes are
sufficiently similar, the devices are
sufficiently similar, and the data from
other trial burns are adequate to specify
(under proposed  § 266.34-6) operating
conditions that will ensure conformance
with the performance standards in
proposed § 266.34-4.
  The information requirements to
support this exemption are patterned
after the existing requirements for
hazardous waste incinerators submitting
data in lieu of a trial bum.  See existing
                        § 270.19(c). The requirements for boilers
                        and industrial furnaces would, however,
                        require information on the metals and
                        chlonne levels of materials feed to the
                        devices, and design and operational
                        information on metals and HCl flue gas
                        control equipment to ensure
                        conformance with the proposed metals
                        and HCl emission standards.
                        B. Proposed § 270.65: Special Forms of
                        Permits
                          Proposed § 270.65 establishes special
                        forms of permits for new boilers that
                        will be operated under the special
                        conditions for waiver of the trial burn
                        and for all other new boilers and new
                        industrial furnaces where a trial burn is
                        required. This section also establishes
                        trial burn procedures. Finally, this
                        section discusses special procedures for
                        permitting existing facilities. These
                        provisions are discussed below.
                          1. Permits for new boilers exempt
                        from the trial burn requirements.
                        Owners and operators of boilers are
                        exempt from the requirement to conduct
                        a trial bum provided that the boiler
                        operates as follows: (a) the boiler must
                        operate in conformance with the special
                        conditions provided by proposed
                        § 266.34-6(b)(4) to ensure conformance
                        with the performance standard for
                        organic emissions; and (b) the boiler
                        must burn hazardous waste that either
                        meets the Tier I metals and chlorine
                        specification levels of proposed
                        §§ 266.34-4 (b)(l) and (c)(l) or meets the
                        Tier II limits provided by proposed
                        §§ 266.34-4 (b)(2) and (c)(2). These
                        requirements in aggregate are termed
                        "Special Operating Requirements."
                          Proposed § 270.65(b) establishes the
                        following permits  for boilers operated
                        under the Special  Operating
                        Requirements: Predemonstration,
                        Demonstration, and Final Permits.  A
                        Predemonstration Permit would cover
                        the period beginning with initial
                        introduction of hazardous waste into the
                        boiler and extend for the minimum time
                        required, not to exceed a duration  of 720
                        hours operating time •* when hazardous
                        waste is burned to bring the boiler to a
                        point of operation readiness to conduct
                        a demonstration that the boiler can
                        operate under the Special Operating
                        Requirements. In practice, the primary
                        purpose of this period is to determine
                        whether the hazardous waste firing
                        system and boiler combustion controls
                        can be operated to achieve flue gas
                        carbon monoxide levels  that meet  the
                        limits in proposed 5 268.34-4(a)(2)  and
                          •• This is the same period of lime allowed for
                        start-up and shake-down of hazardous waste
                        incinerators under existing { Z70.82(a) prior to
                        conducting a trial bum.
that are incorporated by reference in
proposed § 266.34-6(b)(4)(v). During this
period, the boiler must be operated in
conformance with the Standard
Operating Requirements. The Director
may extend the period of the
Predemonstration Permit once for up to
720 additional hours when good cause
for the extension is demonstrated by the
applicant. Any such extension would be
handled as a minor modification of
permits under existing 5 270.42.
  The Demonstration Permit covers the
period immediately after completion of
the predemonstration period and
extends only for the minimum time
sufficient to allow sample analysis, data
computation, and submission of the
results by the applicant demonstrating
conformance with the Standard
Operating Requirements. During this
period, the boiler must be operated in
conformance with the Standard
Operating Requirements. The
Demonstration Permit is an extension of
the Predemonstration Permit and
constitutes a minor modification of
permits under existing § 270.42.
  After successful completion of the
demonstration period, the boiler
operates under a Final Permit in
conformance with the Standard
Operating Requirements. In the Final
Permit, the Director will specify changes
to the limitations, as appropriate, on the
metals and chlorine content, heating
value, and feed rates of the hazardous
waste, other fuels, and  industrial
furnace feedstocks, and requirements
for the operation and maintenance of
emission control equipment necessary to
ensure compliance with the Standard
Operating Requirements. The Final
Permit is an extension and modification
to the demonstration permit and
constitutes a minor modification of
permits under existing 8 270.42.
  2. Permits for new boilers and
industrial furnaces subject to a trial
burn. Proposed S 270.65(c) establishes
the following permits for new boilers
and industrial furnaces required to
conduct a trial bum: Pretrial Bum
Permit, Trial Burn Permit. Post-Trial
Burn Permit, and Final Permit. A Pretrial
Bum Permit would cover the period
beginning with Initial introduction of
hazardous waste into the boiler or
industrial furnace and extend for the
minimum time required, not to exceed a
duration of 720 hours operating time
when hazardous waste is burned, to
bring the device to a point of operation
readiness to conduct a trial burn. The
Director may extend duration of this
operational period once, for up to 720
additional hours, at the request of the
applicant when good cause is shown.

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                  Federal Register / Vol. 52.  No. 67  /  Wednesday. May 6.  1987 / Proposed  Rules
                                                                        17017
  Applicants must submit a statement
  with Part B of the permit application
  that suggests the conditions necessary
  to operate in conformance with the
  performance standards of proposed
  § 266.34-4. This statement should
  include, at a  minimum, restrictions on
  hazardous waste constituents including
  arsenic, cadmium, chromium, lead, and
  chlorine, hazardous waste heating value
  and feed rates, and the operating
  parameters identified in proposed
  § 266.34-6. The Director will review this
  statement and other relevant
  information and use his engmeenng
  judgment to specify requirements for
  this period sufficient to meet the
  performance  standards of § 266.34-4. A
  Trial Burn Permit covers the period
  during the conduct of the trial burn. For
  the duration of the trial burn, the
  Director must establish conditions in the
  permit for the purposes of determining
  feasibility of compliance with the
  performance standards of proposed
  § 266.34—4 and of determining adequate
  operating conditions under proposed
  § 266.34-6. The procedures for
  developing and conducting a trial burn
  program already in place for hazardous
  waste incinerators in $ 270.62(b) were
  used as a guide to develop proposed
  § 270.65[c)(2). The applicant must
 propose a trial burn plan with Part B of
 the application that includes: (1)
 Comprehensive analysis of each
 hazardous waste, as Tired: (2) a detailed
 engineering description of the boiler or
 industrial furnace: (3) a detailed
 description of sampling and monitoring
 procedures; (4) a detailed test schedule
 for each hazardous waste for which a
 trial burn is planned: (5) a detailed test
 protocol: (6) a description of. and
 planned operating conditions for. any
 emission control equipment that will be
 used: (7) procedures for rapidly stopping
 the hazardous waste feed and
 controlling emissions in the event of an
 equipment malfunction: and (8) such
 other information as the Director
 reasonably finds necessary to determine
 whether to approve the trial burn  plan.
  The Director will review the tnal burn
 plan and may require the applicant to
 supplement this information, if
 necessary.
  Based on the hazardous waste
 analysis data in the trial burn plan, the
 Director will specify as trial Principal
 Organic Hazardous Constituents
 (POHCs) those constituents for which
 destruction and removal efficiencies
 must be calculated during the trial burn.
The trial POHCs will be specified  by the
Director based on his estimate of the
difficulty of destruction of constituents
in the waste, their concentration or mass
  in the waste, and for wastes listed in
  Subpart D of Part 261. the constituents
  identified in Appendix VII of that part
  as the basis for listing.
   The Director shall approve a trial burn
  plan if he finds that the trial burn is
  likely to determine whether the device
  can meet the performance standards of
  proposed  § 266.34-4. the trial burn itself
  will not present an imminent health
  hazard, the trial burn will help him to
  determine operating requirements to be
  specified under proposed §  266.34-6. and
  the operating requirements  necessary to
  ensure conformance with the
  performance standards cannot
  reasonably be developed through other
  means.
   The Director shall extend and modify
  the Pretrial Burn Permit as necessary to
  accommodate the approved trial  burn
  plan. The permit modification shall
  proceed as a minor modification
  according to existing § 270.42.
   During each approved trial burn (or as
  soon after the burn as is practicable).
  the applicant must make the following
 determinations: (1) A quantitative
 analysis of the trial POHCs  and arsenic.
 cadmium, chromium, lead, and chlorine
 in the hazardous waste; (2) a
 quantitative analysis of the  exhaust gas
 for the concentration and mass
 emissions of the trial POHCs; (3) for
 hazardous waste that is off-specification
 for arsenic, cadmium, chromium, lead, or
 chlorine, either a quantitative analysis
 of the hazardous waste, other fuels, and
 industrial furnace feedstocks sufficient
 to demonstrate that the level of the off-
 specification element in the  hazardous
 waste does not exceed the Tier II limits
 provided by proposed §§ 266.34-4 (b)(2)
 or (c)(2). or a quantitative analysis of the
 exhaust gas for the concentration and
 mass emission of the regulated metals
 and HC1, and a computation showing
 conformance with the Tier III emissions
 standards in proposed §§ 266.34-4 (b)(3)
 and (c)(3) or. site-specific dispersion
 modeling in conformance with the Tier
 IV procedures provided by proposed
 §§ 270.22 (d) and (e): (4) a quantitative
 analysis of the scrubber water (if any),
 ash residues, and other residues, for the
 purpose of estimating the fate of the trial
 POHCs and any metal or chlorine for
 which emissions testing was used to
 demonstrate conformance with the
 emission standards: (5) a computation of
 destruction and removal efficiency; (6)
 an identification of sources of fugitive
 emissions and their means of control; (7)
 a continuous measurement of carbon
 monoxide and oxygen in the  exhaust
gas: and (8) such other information as
the Director may specify as necessary to
develop the operating conditions
 required by proposed § 26R.34-6 to
 ensure compliance with the performance
 standards in proposed § 266.34-4.
   The applicant must submit to the
 Director a certification that the
 approved trial burn program has been
 carried out and must submit results of
 the determinations identified above
 within 90 days of completion of the trial
 burn, or later if approved by the
 Director. All data collected during any
 trial burn must be submitted to the
 Director following completion of the
 trial burn. All submissions must be
 certified on behalf of the applicant by
 the signature of the person authorized to
 sign a permit application or a report
 under § 270.11.
   Until the Final Permit based on the
 trial burn results can be developed, the
 Director will use his engineering
 judgment to extend and modify as
 necessary the Trial Burn Permit to
 ensure compliance with the performance
 standards of proposed § 266.34-4. The
 development of the Post-Trial Burn
 permit shall proceed as a minor
 modification according to existing
 § 270 42. The duration of the Post-Trial
 Burn Permit will be only for the
 minimum period sufficient to allow
 analysis, data computation, and
 submission of the trial burn results by
 the applicant, and review of the trial
 burn results and modification of the
 permit by the Director to develop the
 Final Permit that reflects the trial burn
 results. The modification of the Post-
 Trial Burn Permit to develop the Final
 Permit shall also proceed as a minor
 modification under existing § 270.42.
   3. Permit procedures for interim status
 facilities. Applicants owning or
 operating existing boilers or industrial
 furnaces would be permitted under
 proposed § 270.65(d). Applicants owning
 or operating interim status boilers that
 are or will be operating under the
 Special Operating Requirements 65 for
 which the trial burn is  waived must
 submit with Part B of the permit
 application documentation that the
 boiler is operated in accordance with
 the Special Operating Requirements.
 The statement must include, at a
 minimum, the operating record
 documenting continuous measurement
 of carbon monoxide and oxygen in the
 exhaust gas. Further, if the hazardous
 waste is off-specification for metals or
 chlorine, the statement must also
 include limitations, as appropriate, on
 the metals and chlorine content, heating
value, and feed rates of the hazardous
 •• Boilers operated in conformance with proposed
55 Z66.3«(b)|4). 2B6.34-»(b) (1) or |2|. and
S!26634-4{c)(1)or(2)

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Federal  Register / Vol. 52. No.  87 / Wednesday. May 6. 1987  /  Proposed Rules
waste, other fuels, and industrial
furnace feedstocks to demonstrate
conformance with the proposed Tier II
standards provided by §§ 266.34-4 (b)(2)
and (c)(2).
  Applicants owning or operating
industrial or boiler furnaces that will be
permitted with a trial burn must prepare
and submit a trial burn plan and perform
a trial bum as discussed above relative
to new facilities.
Part Five: Storage Standards. Halogen
Acid Furnaces, and Other Issues
/. Storage Standards
A. Standards for Storage Tanks
  Under the Administrative Controls for
hazardous waste burners and blenders
promulgated on November 29.1985. and
codified in Subpart D of Part  266. EPA
subjected existing burner storage
facilities, newly regulated by that rule.
only to the interim status standards of
Part 265. See § 266.35(c)(2). The permit
standards of Part 264 were not applied
to these storage facilities to avoid two-
stage permitting given that today's
proposed rules for permitting boiler and
 industrial furnace facilities was under
 development at that time. The Agency
 wanted to avoid  requiring a boiler or
 industrial furnace owner or operator to
 get a permit for this hazardous waste
 fuel storage facility and to soon
 thereafter get another permit (under a
 promulgation of today's rule) for
 operation of his boiler or industrial
 furndce.
   Today's rule would, therefore, subject
 such existing burner storage  facilities to
 the permit standards of Part  264.
 B. Proposal To Regulate Hazardous
 Waste Fuel Blending Tanks
   EPA recently issued a clarifying
 notice indicating that the Agency
 interpreted existing regulations as
 requiring hazardous waste fuel blending
 tanks to be covered by RCRA storage
 standards. We have decided, however.
 that the rules could be  drafted to make
 this point more clearly  and so have
 included more precise language in
 today's proposed regulation. The reason
 for regulating blending tanks is the same
 as that underlying the present rules:
 blending tanks pose the same risks as
 other hazardous waste storage tanks,
 posing no types  of special consideration
 that might warrant different regulatory
 standards. It also makes no sense for
 EPA to regulate  hazardous waste fuels
 cradle-to-grave but not to regulate fuel
 blending tanks. Such a regulatory gap
 has no foundation in environmental
 policy and invites abuse through
  facilities evading regulation by claiming
  that their only activities are fuel
                        blending and consequently that no
                        RCRA storage standards (and attendant
                        permitting standards] apply to them. We
                        are thus proposing to amend the
                        hazardous waste fuel regulations to
                        state explicitly that fuel blending tanks
                        are subject to RCRA storage standards.
                        The comment period on this part of
                        today's proposal is 30 days.
                          We note that since these rules would
                        regulate all hazardous wastes being
                        burned in boilers and industrial
                        furnaces, there no longer would be any
                        need for the hazardous waste fuel
                        marketer classification in the current
                        rules. Such intermediaries would
                        continue to be regulated as hazardous
                        waste storage facilities and be
                        responsible for complying with
                        applicable administrative requirements
                        such as manifest and recordkeepmg
                        responsibilities.
                        //. Proposed Designation of Halogen
                        Acid Furnaces as Industrial Furnaces
                           The DOW Chemical Company (DOW)
                        filed a rulemaking petition with EPA on
                        March 31,1986, in accordance with the
                        provisions of 40 CFR 260.20 requesting
                        EPA to designate their halogen  acid
                        furnaces (HAFs) as industrial furnaces.
                        EPA is today proposing to grant the
                        petition by classifying as industrial
                        furnaces those HAFs that meet the
                        criteria discussed below.
                        A. DOW's Petition
                           We understand from the petition and
                        subsequent communication with
                         DOW •• that DOW operates about 27
                         HAFs that are Tire-tube boilers modified
                         to produce hydrogen chloride (HC1) from
                         chlorine-bearing secondary streams by
                         scrubbing HC1 from combustion gases.
                         The secondary waste streams typically
                         have a chlorine content of 20 to 70
                         percent and an as-fired heating value of
                         approximately 9.000 Btu/lb. Thus, the
                         secondary streams are highly
                         chlorinated and have substantial
                         heating value.67 The HAFs are located
                         on the site of DOW's chemical
                         manufacturing operations  and  the
                         secondary materials burned are
                         generated on-site.
                            Approximately half of the HAFs
                         produce and export steam and meet
                         EPA's definition of a boiler under
                         § 260.10. Those HAFs that meet the
                         definition of a boiler would be regulated
as boilers. The remaining HAFs.
although modified Tire-tube boilers, do
not generate steam and do not meet
EPA's definition of a boiler. EPA is
proposing to classify the nonboiler
HAFs as industrial furnaces for the
reasons discussed below.
B. Bases for Classification as an
Industrial Furnace
   EPA has defined an industrial furnace
at S 260.10 as any of the specifically-
designated enclosed devices that are
integral components of a manufacturing
process and that use controlled flame
devices to accomplish recovery of
materials or energy. Eleven types  of
devices have been designated as
industrial furnaces to date. The
definition also provides criteria for
adding devices to the list.
   EPA believes that DOW's nonboiler
HAFs 68 are integral components  of a
manufacturing process and that they
meet two of the criteria for designation
as an industrial furnace.
   1. HAFs are integral components of a
manufacturing process. Industrial
 furnaces normally process raw
 materials, and. thus, there is no question
 that they are integral components of a
 manufacturing process. For the reasons
 presented below, EPA believes that
 DOW's HAFs are also integral
 components of a manufacturing process
 even though they process secondary
 streams:  (1) The HAFs are located on
 the site of the manufacturing process
 (i.e.. production of organic chemicals)
 and the only secondary streams they
 process are generated by that
 manufacturing process: (2) the HC1
 produced is a bonafide product because
 it has a HC1 contentof 6-20 percent ••:
 and (3) the HC1 product is used on-site
 in the manufacturing process.
    2. HAFs recover materials and energy.
 EPA believes that DOW's HAFs  recover
 materials and energy. Production of HC1
 (i.e., a 6-20 percent HC1 concentrate
 solution) from the combustion of
 chlorine-bearing secondary materials
 constitutes materials recovery in the
 context of designation as an industrial
  furnace. We note, however, that for the
  purposes of determining the
  applicability of RCRA regulations to the
  process, the secondary streams should
                           " Utter from Byron Gary. DOW. to Marcia E.
                          Williams, EPA. dated July B. 1988. letter from Marcia
                          E Williams. EPA. to Byron Gary. DOW. dated
                          August 28.1988
                           •' EPA considers wastes with more than 5.000-
                          B.OOO Btu/lb heating value to have substantial
                          heating value and may be legitimately burned for
                          energy recovery in boilers and industrial furnaces
                          See Section VI of Part Two of this preamble.
    •• For the remainder of this discussion, the term
  HAF refers to the nonboiler HAFs.
    •• The HCI content of the effluent from wet
  scrubbers used to control HCI emissions from the
  incineration of chlonne-beanng waste is normally
  on the order  of 1 percent or less Such low HCI
  content scrubber water is not considered a bona
  fide product  for purposes of designation as an
  industrial furnace even if the scrubber water is
  beneficially used in a manner that specifically
  relates to its HCI content.

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                Federal Register /  Vol. 52.  No. 87 / Wednesday. May 6. 1987  /  Proposed Rules
                                                                      17019
be more precisely considered to be used
as an ingredient in the production of the
HC1 product. The implication of this
issue  is discussed later in this section.
  The HAFs also accomplish energy
recovery in the context of determining
the applicability of RCRA regulations.
The secondary materials are burned
partially  for energy recovery because
substantial,  usable heat energy is
released  by  the materials during
combustion. The materials typically
have an as-fired heating value of
approximately 9.000 Btu/lb. and the heat
released  results in the thermal
degradation of chlorinated organic
compounds to form HC1. Although
energy recovery in a boiler under EPA's
definitions is characterized by the
recovery and export of energy, energy
recovery in an industrial furnace need
not involve such recovery and export of
energy. Rather, the test for energy
recovery in industrial furnaces is based
on the burning of materials with
substantial heating value (i.e.. greater
than 5.000 Btu/lb) in a manner that
results m the release of substantial
usable heat energy. See 50 FR 49171-
49174 (November 29.1985).
  3. HAFs meet industrial furnace
criteria. EPA has established criteria in
§ 260.10 for designating additional
devices as industrial furnaces. Devices
can be designated as industrial furnaces
on the basis of one or more of the
criteria. EPA believes that DOWs HAFs
meet two of the criteria as described
above (see a and b) and.  thus, is
proposing to classify them as industrial
furnaces.
  DOWs HAFs appear to be designed
and used primarily to accomplish the
recovery of material products. The
HAFs are specially designed and
operated fire-tube boilers (that are not
operated to produce steam). Their
design features enable them to accept
highly-chlorinated feedstocks without
unacceptable corrosion and to maximize
HC1 production and recovery. DOW has
patents on its HAFs as evidence that the
HAFs are specially designed and differ
from typical incinerators.
  The HAFs can also be considered to
burn secondary materials as ingredients
in an industrial process to make a
material product. As discussed above.
chlorine-bearing secondary streams
from chemical manufacturing operations
are burned on-site to produce an HC1
product for use in the manufacturing
operation.

C. Proposed Designation
  EPA is proposing to add a new
category  of industrial furnaces to read
as follows: Halogen Acid Furnaces for
the production of acid from halogenated
secondary materials generated at
chemical production facilities where the
furnace is located on-site and the acid
product has a halogen acid content of at
least 6 percent.
  The designation limits the
classification to those devices used on-
site by a chemical production facility to
process its halogenated secondary
streams and where the acid product
contains at least 6 percent halogen acid
to distinguish clearly between industrial
furnaces used to produce bonafide acid
product and incinerators, either off- or
on-site. used to destroy halogenated
waste and equipped with halogen
emissions removal devices. Such
emission control devices, such as spray
towers and venturi scrubbers, produce
halogen acid-bearing scrubber water.
The halogen acid content of such
scrubber water, however, would be
substantially less that the 6 percent
proposed minimum achieved by
specially designed and operated acid
production  operations. Thus, such
halogenated waste incinerators
equipped with wet scrubbers could not
meet the proposed definition for the
HAFs even if the halogen acid-bearing
scrubber water were claimed to be a
product
  EPA specifically requests comments
on whether the proposed definition of
Halogen Acid Furnaces is: (1) Restrictive
enough to distinguish clearly between
furnaces used for bonafide acid
production  and incinerators equipped
with conventional wet scrubbers for
acid gas emissions control; and (2) not
so restrictive as to preclude bona fide
acid production operations from being
classified as industrial furnaces.
  EPA also requests information on the
burning in HAFs of wastes to produce
halogen acids other than HC1 (e.g., HBr),
including whether the proposed HAF
definition is appropriate for those
devices and whether the proposed
controls would adequately protect
public health and the environment
D. Regulations Applicable to HAFs
  HAFs burn halogenated secondary
materials for the production of halogen
acids. Thus, the secondary materials are
used as an ingredient in an industrial
process and would not be a solid waste
under the provisions of 8 261.2(e)(l)(i)
unless: (1) The materials were also
burned partially for energy recovery
(see 5 26l.2(e)(2)(ii)): or EPA determines
the secondary streams are  inherently
waste-like and adds the secondary
streams to the list of inherently waste-
like materials under § 261.2(d) that are
solid wastes when recycled in any
manner.
  As discussed above, DOWs
secondary streams are burned partially
for energy recovery because the
materials have substantial as-fired
healing value (9.000 Btu/lb) and
substantial, useful energy is released by
the combustion of the materials. The
energy is used to produce halogen acid
from halogenated hydrocarbons.
Therefore. DOWs HAFs would be
subject to today's proposed rules for
industrial furnaces.
  In addition. EPA considers DOWs
secondary streams to be inherently
waste-like and subject to listing under
§ 261.2(d] as a material that is a solid
waste when recycled in any manner or
certainly in the manner utilized by
DOW. Listed wastes burned in DOWs
HAFs include EPA Hazardous Waste
Nos. F002. F024. K016. K017. and K020.
These wastes not only are typically
disposed of. but contain high
concentrations of Appendix VIII
constituents not normally found in raw
materials used in acid production. EPA
is. however, not proposing today to list
DOWs secondary  streams as inherently
waste-like under § 261.2(d). Given that
the materials are burned partially for
energy recovery, the materials  are solid
waste, and because they are listed or
identified under Part 261 as hazardous
waste, DOWs HAFs would be subject
to today's proposed rules for industrial
furnaces. Thus, there is no need to
undertake a designation under § 261.2(d)
at this time.
///. Proposed Classification of Coke and
By-Product Coal Tar Containing Tar
Decanter Sludge (EPA Hazardous
Waste K087) as a Product

A. AISI Petition

  The American Iron and Steel Institute
(AISI) has petitioned the EPA with
respect to the practice of recycling tar
decanter sludge by the  following means:
  1. Applying the sludge to coal prior to
or just after charging the coal into the
coke oven and:
  2. Combining the sludge with coal tar
prior to its being sold.
  The coke and the coal tar are often
used as fuel and so are presently
classified as solid wastes and hazardous
wastes since they are fuels produced  or
otherwise containing hazardous waste—
EPA Hazardous Waste No. K087. tar
decanter sludge. See S 261.2(c)(2)(i)(B).
These hazardous waste fuels presently
are exempt from regulation
§ 261.6(a)(2)(vii]  and 50 FR 49170-171
(Nov. 29.1985). The AISI has requested
that EPA not classify such coke or coal
tar as solid wastes. AISI submits that
recycling the decanter sludge does not

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17020
Federal  Register / Vol.  52.  No. *7  /  Wednesday.  May 6. 1987  / Proposed Rules
significantly affect the concentration of
toxic metal and organic constituents of
the coke or coal tar. EPA has indicated
that waste-derived fuels could be
classified as products under such
circumstances, "since the more waste-
derived fuels from a process are  like
products from the same process
produced by virgin materials, the less
likely EPA is to classify the waste-
derived fuel as a  waste." 50 FR 49169
(Nov. 29.1985). To support its request.
the A1SI has submitted data on the
metals and  organic constituents  in coke.
coal tar. and tar decanter sludge both
with and without sludge recycling.

B Process Description

   Coke used for making iron is
manufactured through the destructive
distillation of coal in ovens. A typical
oven holds  approximately 13 tons of
coal which  is heated to a temperature of
about 2000 "F. Generally 20 to 100 ovens
are located adjacent to each other in a
"coke oven battery." The destructive
distillation  or "coking"  process takes
 about 15-18 hours. During that time
 period, about 20-35 percent of the coal is
 converted to coke oven gas (COG)
 consisting of water vapor, tar, light oils,
 heavy hydrocarbons, and other  chemical
 compounds. The COG is collected from
 the top of the coke oven and, in  most
 cases, sent to the by-product plant  via
 the coke battery main. The COG is then
 cleaned by removing wastes and by-
 products prior to being burned, generally
 in the coke oven under-fmng system. As
 a first step in the COG  cleaning process,
 the coal tars, consisting of heavy
 hydrocarbons, are condensed from the
 gas. In addition, most of the participates
 that escape from the ovens is collected
 in the tar. These participates are
 believed to consist principally of coal
 fines. The particulates  or solids are then
 removed from the tar in the tar  decanter.
 The coal tar is then burned as fuel  or
 sold for use in various  products such as
 roofing cement. The sludge has  been
 listed as EPA Hazardous Waste No.
 K087 and is either disposed of or
 recycled either by mixing with  the coal
 prior to being charged  to the coke oven
 or mixing directly with the coal tar after
 physical processing (grinding) prior to
 sale
    Approximately 8-12 gallons 70 of tar
  is produced per ton of coke. In  addition,
  approximately one pound of tar
  decanter sludge is produced for every 40
  pounds of tar produced.
                        C. Basis for Proposed Approval of the
                        AISI Petition
                          The AISI has submitted data on
                        metals and organic chemical analysis
                        for the coke, coal tar. and tar decanter
                        sludge for four plants.71 Specifically, the
                        data included analyses for the following
                        constituents:
                                Metals          Organic Constituents
                        Arsenic              Anthracene and
                                              Pheiunthrene
                        Cadmium            Benzo(a)anthracene
                                              and Chiynene
                        Chromium            Benzo(a)pyrene
                        Mercury             Fluoranlhene
                                            Pyrene
                                            Napthalene
                                            Phenol
                           The results of 34 samples were
                         submitted by AISI. The Agency
                         reviewed these results and determined
                         the following:
                           1. The recycle of the tar decanter
                         sludge by application  to the coal charge
                         does not appear to have a significant
                         effect on the chemical make-up of coke.
                           2. The organic chemical make-up of
                         the tar decanter sludge does not appear
                         to be significantly different from the
                         coal tar.
                           3. The concentration of one metal.
                         lead, in the sludge appears to be slightly
                         higher than in the coal tar. The increase
                         does not appear to be statistically
                         significant, however, due to the high
                         variability of the concentration values.
                           Based on the above and the fact that
                         there is such a small quantity of sludge
                         relative to the quality of coke and coal
                         tar produced by the coking process, EPA
                         believes that sludge recycling as
                         described here does not significantly
                         affect the concentration of toxic metals
                         and organic constituents in coal tar or
                         coke. Furthermore, coke, coal tar. and
                         the decanter tank tar  sludge arise from a
                         single process, are similar materials, and
                         contain the same contaminants.
                         Therefore. EPA is proposing that these
                         materials be classified as products, not
                         wastes. We note that only the waste-
                         derived fuels would be excluded from
                         jurisdiction;  the decanter tank tar sludge
                         would remain a regulated hazardous
                         waste prior to combining with coke or
                         coal tar. See 50 FR 49171 (Nov. 29.1985).
                         IV. Notice of Intent to Amend the
                         Subpart O Incinerator Standards
                            Today's proposed rules for boilers  and
                          industnal furnaces burning hazardous
                          waste would be more comprehensive
                          than the current Subpart O standards
                          for hazardous waste  incinerators. First.
                          the proposed CO limits would ensure
that devices continuously operate at
high combustion efficiencies when
burning hazardous waste. Thus, this
would help ensure the devices achieve
high destructive efficiencies of organic
compounds with minimal PIC (products
of incomplete combustion) emissions
over the life of the permit. CO limits for
incinerators, however, are currently
based on levels achieved during the trial
burn. Given that field tests demonstrate
that boilers can achieve 99.99%  ORE
during upset condition as evidenced by
high CO levels and smoke emissions,
incinerator CO limits may be set at
levels that in some cases represent
upset conditions. Incinerators operated
at elevated CO levels may emit higher
levels of PICs than they would if
operated at levels representative of high
combustion efficiency. Thus, EPA
intends to propose to amend the Subpart
O standards to prescribe CO limits
applicable during the life of the permit
and to  require that conformance with
the limits be demonstrated during the
 trial  burn.
   Second, today's rule proposes risk-
 based metals emissions limits.  Metals
 emissions from incinerators are
 currently controlled with a technology-
 based  and outdated particulate standard
 developed for municipal solid waste
 combustors.72 That standard, 0.08
 grains/standard cubic foot, may  not. in
 certain situations, be fully protective
 with respect to metals emissions.
 Therefore, the Agency is considering
 whether additional particulate controls
 or controls on individual metals  are
 needed to make the standards fully
 protective.
    Finally, today's rule also proposes a
 risk-based emission limit for HC1. HCI
 emissions from incinerators are
 controlled with a technology-based
 standard that limits HCI emissions to 4
 Ib/hr unless the emissions are controlled
 with a device having at least a 99% HCI
 removal efficiency. That standard may
 over-regulate some situations  (e.g., large
 incinerators with tall stacks) and under-
 regulate others. Therefore, the Agency is
 considering whether a risk based
 standard should be developed for
 incinerators to ensure that fully
 protective and cost-effective controls
 are  applied.
    The Agency plans to propose
 amendments to the Subpart O standards
 as necessary in Fall 1987. The final rule
    50 The Making. Shaping, and Treating of Steel.
  Win Edition. Association of Iron and Steel
  Fngmeers 1883
                            1' Correspondence from E.F Young. ]r. AISI. to
                          Steven E. Silverman. Esq.. EPA. dated |uly 25.1886:
                          correspondence from Earl F Young. |r_ AISI. to
                          Dwight Hluslick. EPA. dated December 2.1886
    11 The Agency is currently evaluating the risk
  posed by emissions of metals, unbumed organic*
  (including dioxins). and acid gases (e.g, HCI) from
  municipal waste combustors (MWCs) and is
  reviewing applicable regulatory and nomegulatory
  approaches.

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                 Federal Register  /  Vol. 52. No. 87 / Wednesday.  May 6. 1987 / Proposed Rules
                                                                     17021
  is scheduled to be promulgated in Spring
  1988.
    In the interim, until the amendments
  are promulgated and effective, permit
.  officials will be encouraged to use the
  omnibus provision of section 3005(c) of
  HSWA to prescribe permit conditions as
  necessary to protect human health and
  the environment.

  V. Boilers, Industrial Furnaces, and
  Incinerators are BOAT for HOCs
   The Agency notes that it recently
  proposed to establish incineration in
  accordance with sections 264.343 and
  265.343 as Best Demonstrated Available
  Technology (BOAT) for certain
  hazardous wastes containing
  Halogenated Organic Compounds
  (HOC) at concentrations exceeding 1000
  ppm. See 51 FR 44726 (December 11,
  1986). EPA believes  that burning HOC
  wastes in boilers and industrial furnaces
  pursuant to permit or interim status
  standards (or burning in small quantity
  burning devices) would be equally
  effective and also should constitute
  BDAT for these wastes. Accordingly.
  should the Agency adopt the standards
  proposed today (or comparable
  standards), the Agency would amend
  proposed § 268.42(a)(2) (51 FR 44740) to
  indicate that HOCs must be burned in
  incinerators, boilers, or industrial
  furnaces.

  VI. Classification of Pickle Liquor
   Although not related directly to
  today's proposal, the Agency is
  proposing one additional action today. It
  involves the scope of the listing of
  Hazardous Waste K062. This listing
  applies to pickle  liquor from steel
  finishing operations  at facilities within
  the iron and steel industry (SIC Codes
  331 and 332). When EPA first
  promulgated this amendment in May
  1986, the Agency erroneously described
  the scope of the listing as applying to
 plants that actually produce iron and
  steel. 51 FR 19320 (May 28.1986). This
 error was inadvertent and obviously
  unintended given that EPA had never
 proposed such a change, no commenter
 ever suggested such  a change, and, in
  the relevant preambles, the Agency
 repeatedly described its action as
 applying to all plants in the iron and
 steel industry (50 FR 38966/1. 36967/1,
 36967/2 (Sept. 20.1985) and 51 FR 19320/
 2.19321/1 (May 28.1986)). In addition, if
 the listing was to apply only to facilities
 actually producing iron and steel, then
 the listing would  be narrower than a
 parallel exclusion from listing of sludge
 generated from treatment of "spent
 pickle liquor from the iron and steel
 industry (SIC Codes  331 and 332)"
 (§ 261.2(c)(2)(ii))—a facial contradiction
since one cannot exclude more than one
has listed.
  For these reasons, EPA corrected the
error by means of a technical correction
(51 FR 33612 (Sept 22.1986]). One
person questioned this change arguing
that it was in fact substantive
rulemaking requiring prior notice and
comment. Although we think this
petition is without merit for the reasons
given above, to avoid further dispute we
will  propose the change. Until this
proposal is finalized, the scope of the
listing is as stated in the correction
notice, namely pickle liquor generated
by plants in the iron and steel industry
(SIC Codes 331 and 332).

VII. Landfill Gas

  In the November 29.1985, final rules,
we indicated that gas recovered from
hazardous waste landfills was not
presently regulated under the waste as
fuel rules. 50 FR 49171. EPA took this
action in order to study further the
extent to which these might be
jurisdictional limits on the Agency's
RCRA authority. Id. We are proposing to
amend this language slightly by
indicating that it applies as well to gas
recovered from solid waste landfills. See
proposed § 266.30(a). This allows for the
possibility of the gas itself exhibiting a
characteristic of hazardous waste.  We
are continuing to consider the
jurisdictional issued, including the
implications of section 124(b) of the
recent Superfund Amendments and
Reauthorization Act of 1986 (SARA)
(which addresses the regulatory status
of methane recovered from any type of
landfill).
  The Agency also solicits comment on
whether the hydrocarbon phase of the
condensate removed from recovered gas
should also be exempt when burned as
fuel. There do not appear to be
jurisdictional issues for this material: the
hydrocarbon phase appears to be
classified as solid and hazardous waste
by the SARA provision cited above, as
well as by existing EPA rules (as a
hazardous secondary material burned
for energy recovery). EPA is not
precluded, however, from promulgating
an exemption if regulation is
unnecessary to protect human health
and the environment, and would
consider doing so if shown that the
hydrocarbon phase is chemically similar
to normal fossil fuels, or if burning  and
storage of the hydrocarbon phase
otherwise poses insufficient hazard to
warrant regulation. Commenters should
address these points explicitly, and
provide supporting data.
Part Six: Administrative, Economic, and
Environmental Impacts, and Last of
Subjects

I. State Authority

A. Applicability of the 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
enforcement authority under sections
3008, 7003. and 3013 of RCRA. although
authorized States have primary
enforcement responsibility.
  Prior to the Hazardous and Solid
Waste Amendments of 1984 (HSWA), a
State with final authorization
administered its hazardous waste
program entirely in lieu of EPA
administering the Federal program in
that State. The Federal requirements no
longer applied in the authorized State.
and EPA could not issue permits for any
facilities in the State which the State
was authorized to permit. When new,
more stringent Federal requirements
were promulgated or enacted, the State
was obliged to enact equivalent
authority within specified time frames.
New Federal requirements did not take
effect in an authorized State until the
State adopted the requirements as State
law.
  In contrast under section 3006(g) of
RCRA. 42 U.S.C. 6926(g), new
requirements and prohibitions imposed
by the HSWA take effect in authorized
States at the same time that they take
effect in nonauthorized States. EPA is
directed to carry out those  requirements
and prohibitions in authorized States,
including the issuance of permits, until
the State is granted authorization to do
so. While States must still adopt
HSWA-related provisions as State law
to retain final authorization, the HSWA
applies in authorized States in the
interim.
  Today's proposed rule will be
promulgated pursuant to section 3004{q)
of RCRA. a provision added by HSWA.
Therefore, this rulemaking  would be
added to Table 1 in § 271.1(j) which
identifies the Federal program
requirements that are promulgated
pursuant to HSWA and that take effect
in all States, regardless of their
authorization status. States may apply
for either interim or final authorization
for the HSWA provisions identified in
Table 1  as discussed below.

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B. Effect on State Authorization
  As noted above. EPA would            A. Purpose
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 would be promulgated
pursuant to HSWA. a State submitting a
program modification may apply to
receive either interim or final
authorization under section 3006(g)(2) or
3006(b), respectively, on the basis of
requirements that are substantially
equivalent or equivalent to EPA's. The
procedures and schedule for State
program modifications under section
3006(b) are described in 40 CFR 271.21.
See 49 FR at 21678 (May 22.1984). The
same procedures should be followed for
section 3006(g)(2).
  40 CFR 271.21(e)(2) requires that
States that have final authorization must
 modify their  programs to reflect Federal
 program changes, and must
 subsequently submit the modifications
 to EPA for approval. The deadlines for
 the State to modify its program for this
 proposed regulation will be determined
 by the date of promulgation of the  final
 rule in accordance with § 271.21(e).
 These deadlines can be extended in
 exceptional cases (40 CRF 271.21(e)(3}).
 Once EPA approves the modification.
 the State requirements become Subtitle
 C RCRA requirements.
   States with authorized RCRA
 programs may already have
  requirements similar to those in today's
  rule. These State regulations have not
  been assessed against the Federal
  regulations being proposed today  to
  determine whether they meet the tests
  for authorization. Thus, a State is  not
  authorized to implement these
  requirements in lieu of EPA until the
  State program modification is approved.
  Of course, States with existing
  standards may continue to administer
  and enforce their standards as a matter
  of State law. In implementing the
  Federal program EPA will work with
  States under cooperative agreements to
  minimize duplication of efforts. In many
  cases EPA will be able to defer to the
  States in 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 promulgation of EPA's
  regulations may be approved without
  including standards equivalent to those
  promulgated. However, once.authorized.
  a State must modify its program  to
  include standards substantially
  equivalent or equivalent to EPA's within
   the time periods discussed above.
//. Regulatory Impact Analysis
  The Agency is required under
Executive Order 12291 to prepare a
Regulatory Impact Analysis that
provides estimates of compliance costs,
economic impacts, and the risk
reduction associated with the proposed
regulation. The results of these analyses
are used to determine whether the
regulation is "major" as defined by E.O.
12291. The Agency is also required
under the Regulatory Flexibility Act to
assess small business impacts resulting
from the proposed rule.
   The results of the above analyses
 indicate that today's proposed
 regulation is neither a major rule, nor
 will it significantly impact small entities.
 This section of the preamble discusses
 the results of the cost,  impact, and risk
 analyses of the proposed rule as
 detailed in the draft Regulatory Analysis
 for Waste-as-Fuel Technical Standards:
 Proposed Rule. October. 1986. The draft
 RIA is available  in the public docket.
   The regulatory impact analysis results
 (i.e.. costs, impacts, risks) presented in
 this section do not fully reflect today's
 proposed rule. Specifically, the RIA does
 not fully assess the effects of the risk
 based standards for metals and chlorine.
 The RIA does not assess the effect of
 varying the standards with the type and
 number of devices at  a given facility,
 and on the type  of surrounding terrain
 (flat or complex). Other components of
 the rule  that are not analyzed in the RIA
 include the Tier IV standard, current
  quantity limits for the small quantity
  burner exemption, variance for low risk
  wastes, eligibility of stoker coal devices
  for the trial burn waiver, the
  requirement of a redundant carbon
  monoxide monitoring system, and
  burning solely for the purpose of
  materials recovery. These new
  components of  the rule, and how they
  may affect the analysis presented in the
  RIA, are discussed in the draft Effects of
  Recent Changes on the Estimated Costs
  and Benefits of the Proposed Waste as
   Fuel Technical Standards. January 1987.
  This report is an addendum to the RIA
   and is available in the public docket.
     It is unclear how these components of
   the rule would affect the absolute
   results of the cost, economic impact, and
   risk analyses presented in the RIA.
   However, the Agency believes that the
   basic conclusions presented in this
   section should be applicable to today's
   rule. Moreover, the Agency believes that
   the rule would remain a non-major
   regulation as defined by the S100 million
   annual criteria of E.0.12291.
B. Affected Population
  The characteristics of the burners that
would be potentially affected by today's
proposed rule were obtained from the
Waste-as-Fuel Survey of 1984.73 The
sample design and general survey
results are described in the Final Report
for the Survey of Waste-as-Fuel: Track
II. November 1985, conducted for EPA
by Westat, Inc. This report is available
in the public docket.
   The Waste-as-Fuel (WAF) Survey was
designed to collect information on
burners of waste derived fuel material
(WDFM) and used or waste oil that are
not regulated as incinerators under
RCRA Subtitle C. The subset of those
devices burning hazardous waste
 derived fuel material (HWDFM) for
 energy recovery was identified from the
 set of all WDFM burners.
   The baseline for this analysis  consists
 of burners who currently fire HWDFM
 for energy recovery. The WAF Survey
 characterized burning practices in 1983.
 Several rules have been imposed since
  then that would affect the decision  to
  burn HWDFM. The results from the
  survey were adjusted, to the extent
  possible, to account for these rules: the
  Definition of Solid Waste promulgated
  January 4.1985 (50 FR 614). the Phase I
  Administrative Standards promulgated
  November 29.1985 (50 FR 49164), and
  the Standards for Hazardous Waste
  Storage and Treatment Tank Systems
  and Generators promulgated July 14.
  1986 (51 FR 25422). The adjusted set of
  hazardous waste burners represents the
  population potentially affected by
  today's proposed  rule.
    EPA estimated the cost, impact, and
  risks on facilities  that are estimated to
  be burning HWDFM when today's
   proposed rule becomes effective. EPA
   did not estimate the net effect of various
   incentives (or disincentives) that will
   exist in the future on burning HWDFM
   and are independent of today's
   proposed rule. Generally, cost increases
   for alternative waste management
   practices will  act as .an incentive for
   burning, while lowering of energy prices
   will serve as a disincentive to burn
   HWDFM. New restrictions on land
   disposal generator wastes serve as
   incentives for increased burning of
   HWDFM. The net effect will likely be
   increased incentives for burning
   hazardous waste. An increase in future
   burning of HWDFM would result in
     " The survey sample design did not include SIC
    M for which Ihe Agency » aware of lighl-weighl
    aggregate kilns thai are fired wilh hazardous waste
    derived fuel material (HWDFM). The Agency
    adiusted the survey results to account for these
    devices.

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                Federal Register /• Vol. 52. No.  87 / Wednesday.  May 6. 1987  /  Proposed Rules	17023
greater costs and changes in risk when
compared to the estimates presented in
this analysis. However, at present the
Agency is unable to determine the net
effect of these factors on future burners
of hazardous waste, the characteristics
of future burners, and the subsequent
responses to the proposed requirements.
Thus, the analysis presented here
concerns only current burners of
HWDFM as reported in the WAF Survey
and as adjusted to include lightweight
aggregate kilns.
  The affected population consists of
approximately 895 boilers burning 115
million gallons of HWDFM per year and
57 industrial furnaces burning 114
million gallons of HWDFM per year.
Industrial boilers represent 94 percent of
all devices burning HWDFM and burn
50 percent of all HWDFM.
  The majority of the HWDFM is
burned by a few facilities.
Approximately three percent of the
facilities burn 44 percent of all HWDFM.
Moreover, the WAF Survey indicates
that although the burning of HWDFM is
widespread across many industries, it is
not prevalent within any one industry.
Based on the WAF Survey and the 1982
Census of Manufacturers, only SIC 2611
(pulp mills) and SIC 2865 (cyclic crudes
and intermediate organic chemicals)
have reported burning of HWDFM in
greater than 10 percent of the industry
(11.2 and 11.1 percent respectively).
  The chemicals industry (SIC 28)
contains 17 percent of the facilities that
bum 54 percent (or 123 million gallons
annually) of the HWDFM. Thus.
typically large quantities of HWDFM
(986,511 gallons annually) are burned
per facility in this industry. Most
facilities in the chemicals industry bum
wastes that are generated on-site.
  Other industries that burn large
quantities of HWDFM annually (greater
than 10 million gallons) are: non-metallic
minerals, except fuels (SIC 14): paper
and allied products (SIC 26); chemicals
and allied products (SIC 28): petroleum
and related products (SIC 29); and stone.
clay, glass, and concrete (SIC 32).
Similar to the chemicals industry.
relatively few facilities are reported in
these industries indicating that, on
average, large quantities of HWDFM are
burned per facility.
  Two industries, in addition to SIC 28.
have more than 100 facilities burning
HWDFM: furnitures and fixtures (SIC
25); and auto repair and service (SIC  75).
These industries burn less than one
percent of all HWDFM. On average.
relatively small quantities of HWDFM
(i.e.. 6.000 gallons annually) are burned
per facility within these industries.
C. Cost Analysis

  1. Methodology. To obtain the
incremental regulatory costs.74 it is first
necessary to determine the net savings
achieved in the baseline from  Tiring
HWDFM. Burning HWDFM for energy
recovery results in reduced
requirements for primary (conventional)
fuels. The savings are a function of the
quantity and price of primary  fuel
displaced. Relative heat content must be
considered when determining quantity
of primary fuel displaced with HWDFM.
  Savings also include the avoided
alternative disposal costs for on-site
burners. The alternative method of
disposal was considered to be
incineration at a cost of $0.34  per gallon
of HWDFM bumed. This figure includes
a component  for transporting  the wastes
off-site. The actual alternative disposal
cost will depend on what options are
available to the facility operator, and on
the characteristics of the diverted
wastes (i.e.. suitability of wastes for
burning). More precise estimates of
disposal costs were not possible due to
limited information  on available options
and waste characteristics for  the
specific burners.
  The above  net savings were not
adjusted to account for increased
operating and maintenance costs due to
firing hazardous waste fuel It is
possible that burners would encounter
increased costs due to corrosion, fouling.
ash disposal, or pretreatment of the
wastes. These costs would vary with the
device and waste type. Detailed
information was not available to
estimate these costs. Net savings tend to
be overstated by not including these
costs.
  The level of net savings for a given
burner was used to predict the response
to the proposed rule. The methodology
assumes that burners will discontinue
burning HWDFM if their potential
compliance costs exceed net savings.
Thus, the total net savings for all
burners represents an upper bound on
compliance costs reflecting the worst
case scenario where all burners would
discontinue firing HWDFM.
  To derive compliance costs, the
Agency developed unit costs  of
compliance for the proposed rule and
engineering costs for model devices.76
  14 All coal figures are in 1985 dollars. A seven
 percent real rale and a five percent inflation rate
 were used to discount future cash now*.
  76 Engineering-Science. Background Information
 Document for the Development of Regulations to
 Control Burning of Hazardous Waste in Boilers and
 Industrial Furnaces. Volumes I and 11. January
 1987. NT1S Order Nos PB 87173829 and PB 87
 173837.
Compliance activities include
installation of carbon monoxide and
oxygen monitors, trial bums, reduction
in quantity of HWDFM fired to meet
emissions limits, prohibiting firing of
HWDFM at start-up and shut-down, trial
burns, installation of air pollution
control equipment, and administrative
requirements.
  Each of the devices that reported
burning HWDFM in the WAF Survey
was assigned to a model device. The
least-cost option was determined for
each device reported in the survey to
comply with the regulation (or
discontinue burning if compliance costs
exceed net savings). The costs for the
individual survey respondents were then
extrapolated to estimate national costs.
  The characteristics of each device as
reported in the WAF Survey represent
the current design and operating
practices from which the Agency
estimated incremental costs. The WAF
Survey provided detailed information on
the burners that included device type,
device size, annual quantity of HWDFM
burned, use of monitoring and air
pollution control devices, source of
waste (on-/off-site). method of firing
wastes into the combustion device, and
current regulatory status under RCRA.
  Although the survey requested waste
code and a description of the waste
burned, it did hot ask for waste
constituent data. Since costs (and risks)
can vary considerably with waste
constituent levels, a sensitivity analysis
was performed to account for various
waste levels (e.g., POHCs. metals.
chlorine).
  Costs and risjts also vary with
assumptions on the levels of device
destruction and removal efficiency
(DRE) of organics and air pollution    :
control device removal efficiencies
(REs) achieved in the baseline. (All
devices are assumed to meet the target
level of 99.99 percent DRE after
imposition of the proposed
requirements.) The DRE and RE levels
were varied in the baseline to test the
sensitivity of these assumptions to costs
and risks. Results of varying DRE and
RE levels are not presented in this
preamble although the results are
detailed in the RIA. Waste
characteristics tend to vary across
burners more so than DRE or RE. and
the waste sensitivity analysis that has
been conducted has the greatest affect
on costs and risks.
  Costs were estimated for two types of
wastes: a base case waste and a high
risk waste. A waste database (for
metals levels) was assembled from
wastes that are currently being burned

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17024
Federal Register / Vol. 52. No.  87 / Wednesday. May 6.  1987 / Proposed Rules
or could potentially be combusted.16
The base case waste was assumed to
contain metals levels at the 50th
percentile and 'typical' POHC and
chlorine levels.71 The high risk waste
was assumed to contain 90th percentile
metals levels and 'high' POHC and
chlorine levels.
   The actual cost of the proposed rule is
more likely to be near the cost for the
base case waste scenario. The base case
waste is assumed to be a more
representative waste (containing 50th
percentile metals levels and typical
levels of POHCs and chlorine) than the
high risk waste. However,  an exact
estimate of compliance costs cannot be
made due to the lack of waste
constituent data for specific burners.
   Facility operators have several
options for complying with the proposed
rule. These options consist of conducting
a trial burn to prove 9959 percent
destruction and removal efficiency (4-
9's ORE); waiving the trial burn if
special design and operating conditions
are met (for boilers only); qualifying for
the small quantity burner exemption if
quantity limits are met for a given
device size and wastes are burned on-
site; and discontinue burning HWDFM if
compliance costs exceed net savings.
Estimates of costs presented in this
 section assume that the facility operator
 will choose the least-cost option in
 complying with the proposed rule.
   2. Results. The Agency determines
 that the proposed rule will result in  a
 social cost between 8.2 and 77.0 million
 dollars on an annualized basis.18 Thus,
 based on the $100 million  annual cost
 threshold established in E.0.12291.
 today's proposed rule is non-major.
   The $8.2 million figure is the social
 cost for the base case waste scenario;
 the $77.0 million figure represents the
                        worst case scenano where all devices
                        discontinue burning HWDFM. (Although
                        the Agency does not believe that the
                        worst case scenario is the likely
                        outcome of the proposed rule, it does
                        provide an upper bound on the cost of
                        today's rule.) The social cost associated
                        with the high risk waste scenario is
                        $37.3 million annually.
                           Table 5 presents the estimated
                        average compliance cost per device type
                        and the anticipated response of device
                        owner/operators to the proposed rule.
                        Also listed is the percent of waste
                        burned (or displaced) for each option.
                        Sixty-five percent of the boilers are
                        estimated to qualify for the small
                        quantity burner exemption; however.
   11 Engineering-Science. Background Information
 Document for the Development of Regulations to
 Control Burning of Hazardous Waste in Boilers and
 Industrial Furnaces. Volume 1. January 1987. NT1S
 Order No PB 87173829
   M POHC and Cl levels obtained from the RCRA
 Risk-Cost Analysis Model Waste Stream Data. SCS
 Engineers. July 1984
   '• The social cost is the cost to society.
 independent of any transfer payments (e g.. taxes).
 The social cost of the proposed rule does not
 include lost fuel savings to the original burner for
 displaced wastes. Thus, the social cost for displaced
 wastes is only the alternative disposal cost assumed
 to be SO 34 per gallon The lost conventional (e g..
 fossil) fuel savings for a burner who reduces the
 quantity fired or stops burning HWDFM are
 assumed to be transferred to the burner who has
 excess capacity to accept the displaced wastes.
   However, the lost fuel savings are Included when
 estimating the before and after-tax pnvate costs to
 individual facilities The after-tax annualized cost to
 industry for the base case waste scenano is $5.2
 million. S30.6 million for the high risk waste, and $83
  million for the worst case scenano (where all
 devices discontinue burning HWDFM).
less than one percent of all HWDFM is
burned under this exemption. This
reflects the WAF Survey finding that a
large number of boilers fire very small
quantities of waste. These boilers would
most likely discontinue burning
HWDFM if not allowed to continue
under the small quantity burner
exemption. Approximately 40 percent of
the boilers that elect the small quantity
burner exemption do so while firing the
same quantity of HWDFM as in the
baseline. The other 60 percent of the
boilers reduce  the amount of HWDFM
fired (and incur lost savings) in order to
meet the small quantity burner
exemption quantity limits.
                            TABLE 5. AVERAGE COMPLIANCE COST PER DEVICE AND ESTIMATED RESPONSE TO
                                                           REGULATION
                                                        [Base Case Waste!



Boilers 	
Kilns 	
Other furnaces ........._ 	
Percent of waste burned/dis-
placed 	


Average
cost per
device*

$8,942
$47.754
$34.314



Small
quantity
burner
exemp-
tion.
(percent)
65
5
13

<1


Trial bum
waiver,
(percent)

11
N/A
N/A

44


Trial
burn,
(percent)

2
95
87

53


Discontin-
ue
burning,
(percent)

22
0
0

3

                           • Dollars are before-tax, annualized.
                           N/A-not applicable as device type is not eligible for trial bum waiver.
                            The weighted average annualized
                         before-tax cost for boilers of $8,942
                         consists of: an average cost of $5,490 for
                         boilers operating under the small
                         quantity burner exemption (representing
                         lost savings to meet the quantity limits);
                         an average cost of $40.260 for boilers
                         that elect the trial burn waiver an
                         average cost of $42.650 for boilers that
                         conduct a trial burn; and an average
                         cost of $161 for boilers that discontinue
                         burning HWDFM. The majority of
                          boilers that stop burning HWDFM are
                          space heaters and are not eligible for the
                          small quantity burner exemption
                          because their design heat input is less
                          than the minimum allowed for the small
                          quantity burner exemption. These space
                          heaters are operated in the services
                          (non-manufacturing) industry and burn .
                          very small quantities of hazardous
                          waste as reflected by the low average
                          annualized compliance cost.
                            Kilns and other industrial furnaces
                          can incur substantial compliance costs
 and continue burning HWDFM due to
 the large quantities of waste fired per
 device. The average annualized before-
 tax compliance cost for kilns (i.e..
 cement, lime, lightweight aggregate) is
 $47,754 and the average cost for other
 furnaces (e.g., blast furnaces) is $34.314.
    Almost all of the waste (97 percent) is
 burned by devices that conduct a trial
 bum or satisfy the trial bum waiver
 conditions. Approximately three  percent
 of the HWDFM burned in the baseline is
 displaced from devices that discontinue
 burning or devices that continue  to bum
 but at a reduced quantity. As stated
 previously, less than one percent of the
 waste is burned under the small
 quantity burner exemption.
    Table 6 presents similar information
 for the high risk waste (i.e.. 90th
 percentile metals levels, "high" POHC
  and Cl levels). The device response to
  the proposed rule is similar to  the base
  case waste although the average cost
  per device is significantly higher for all
  devices.

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                 Federal Register /  Vol.  52.  No. 87 / Wednesday. May  6. 1987  /  Proposed Rules	17025
   TABLE 6. AVERAGE COMPLIANCE COST PER DEVICE AND ESTIMATED RESPONSE TO
                                  REGULATION
                                [High Risk Waste]

Boilers 	
Kilns 	
Other furnaces 	
Percent of waste burned/dis-
placed

Average
cost per
device*
S58.400
$160428
SI 49 763


Small
quantity
burner
exemp-
tion.
(percent)
66
11


Tnal bum
waiver.
(percent)
10
M/A
hi/A
1C

Trial
burn.
(percent)
3

O7
ei

Discontin-
ue
burning.
(percent)
22
14


   ' Dollars are before-tax. annualized.
   N/A—not applicable as device type is not eligible for trial burn waiver.
   Table 7 shows the components of the
 aggregate compliance costs for the base
 case and high risk waste scenarios. The
 major component under each waste
 scenario is lost savings from burners
 who must reduce the quantity of
 HWDFM fired in order to meet the limits
 for organics. metals, and chlorine.
 Boilers will reduce tne HWDFM
 quantity fired under either waste
 scenario. Boilers are more likely to
 reduce the quantity of HWDFM burned
 rather than install expensive air
 pollution control equipment. The Agency
 estimates that no boilers will be
 installed with new air pollution control
 under the base case waste scenario and
 only 10 boilers will be equipped with air
 pollution control under the high risk
 waste scenario. These 10 boilers fire
 large quantities of HWDFM (greater
 than 1 million gallons annually) and at
 high feed rates (greater than 25 percent
 total heat input). Thus, for these boilers,
 the potential lost savings in displaced
 wastes required by blending to meet the
 limits would exceed the cost to install
 air pollution control. The difference
 between the two scenarios for the CO
and Ot monitors reflects the greater
number of devices that discontinue
burning HWDFM under the high risk
waste scenario.

 TABLE 7.—COMPONENTS OF COMPLIANCE
               COSTS

  f Dollars in millions, annualized, after-tax]

Type of cost
Lost savings 	
Oj Monitoring 	
Scenario
Base
case
waste
$2.3
0.4
High
nsk
waste
S25
0.3
Worst
case (all
stop
firing)
$63.0
 TABLE 7.—COMPONENTS OF COMPLIANCE
           COSTS—Continued
   [Dollars in millions, annualized. after-tax]


CO monitoring 	
Air pollution
control 	
Tnal bums 	
Administrative
requirements 	
Testing 	
Total costs..

Base
case
waste
1.5
0.0
0.4
0.6
<0.1
5.2
Scenan
High
risk
waste
1.3
29
0.4
06
0.1
30.6
O
Worst
case (all
stop
firing)
	
	
63.0
  Industrial furnaces are currently
installed with some form of air pollution
control equipment that will allow for
compliance with the emissions limits.
without reducing the quantity of
HWDFM fired, under the base case
waste scenario. However, in certain
cases under the high risk waste
scenario, the air pollution control
equipment must be supplemented with a
reduction in quantity in order to meet
the limits.
  Carbon monoxide (CO) monitoring is
also a significant component of
compliance costs. The WAF Survey
indicates that only a few boilers (mostly
those burning large quantities of
HWDFM) are currently monitoring for
CO. Although most kilns and other
furnaces currently monitor for CO, the
Agency believes that  these monitors are
not sensitive enough to show
compliance with the limits established
in today's proposed rule. A total of 104
boilers, 30 kilns, and 22 other furnaces
(about 16 percent of all devices
currently burning HWDFM) are
estimated to install CO monitors under
 the base case waste scenario. A total of
 95 boilers. 26 kilns, and 22 other
 furnaces (15 percent of all devices
 burning HWDFM) are estimated to
 install CO monitors under the high risk
 waste scenario. The annualized before-
 tax cost for CO monitoring is
 approximately $20,000 per year.

 D. Economic Impacts
   1. Methodology. The economic
 analysis focused on facility level
 impacts. Industry level impacts were not
 considered since the results of the WAF
 Survey suggest that burning HWDFM is
 practiced by only a small percentage of
 facilities in any one industry. (Although
 the burning of HWDFM is practiced
 across a wide range of industries.)
 Industry-wide impacts would not be
 significant where only a small
 percentage of facilities incur regulatory
 costs.
   The percentage of facilities firing
 HWDFM also influences whether
 compliance costs, resulting from the
 proposed rule, are absorbed by the
 facility or are passed through as price
 increases. Since few facilities within
 any industry bum HWDFM, they are
 more likely to absorb regulatory costs
 and thus face reduced profitability or
 possibly plant closure.
   If the facilities were to pass through
 the compliance costs in the form of
 higher prices, the facilities might then be
 at a competitive disadvantage with
 other facilities that did not incur
 increased costs. Therefore, potential
 economic impacts of this rule are more
 likely to take the form of reduced
 profitability and possibly plant closure.
   Little information was available
 regarding the •profitability of affected
 burners in the baseline. Facilities
 burning HWDFM might be experiencing
 returns that are below or above the
 industry average. The lack of
 uncertainty on the financial strength of
 the affected burners prohibits predicting
 impacts with certainty. Thus, the
 economic analysis presented will
 identify industries where facilities are
 most likely to experience impacts, based
 on average financial measures of
 strength for that industry and employee
 size range.
  A two stage analysis was conducted
 in determining impacts. First, a
 screening analysis was performed to
 identify those facilities that may be
 significantly impacted. The total
 compliance cost for all devices burning
HWDFM at a facility was compared to
 the total baseline operating and
maintenance (O&M) cost for those
devices. Operating and maintenance
costs include net fuel savings from

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17026	Federal Register /  Vol.  52. No. B7 / Wednesday. May 6. 1987  /  Proposed Rules
burning HWDFM. As stated previously.
net savings have not been adjusted due
to increased costs for pretreatment.
corrosion maintenance, or ash disposal.
Overstating net savings will understate
total O&M costs: thus, the percent
increase in O&M costs due to the
compliance costs may be overstated.
  Facilities were considered to face
potentially significant impacts if the
total cost of compliance exceeded  the
total O&M cost for all devices by five
percent or greater. Generally, an
increase in facility costs will be less
than the increase in device O&M costs.
Similarly, it is unlikely that significant
impacts would be imposed on a facility
if one segment of its operations incurred
an increase of less than five percent.
Thus, a five percent increase in device
O&M costs represents a conservative
screen for potential facility impacts.
  -The screening analysis was conducted
on boilers only. No baseline device
O&M costs were available for kilns and
other furnaces.  However, all kilns  and
other furnaces burning HWDFM were
included in the  second stage of the
analysis.
  The second stage consisted of an
analysis to assess impacts on the facility
level. All devices were analyzed for    ••' -
facility level impacts. The facility's cost
of compliance was compared to three
measures of plant financial strength:
cash from operations (CFO), cost of
production (COP), and value of
shipments (VOS). Plant-specific
financial information was not available
for the affected burner population. The
three measures of plant financial
strength that were used in the analysis
are representative facility values for a
given four digit SIC code and employee
size range. A facility is considered to
face a significant impact if the cost of
compliance for all devices at the facility
exceeds 5 percent of any of the three
financial measures.
  The ratio of compliance costs to COP
reflects the price increase required to
recover the compliance costs and
maintain the facility's profit margin;
comparing costs to VOS represents the
required price increase to recover costs
without any mark-up for profit margin:
the ratio of compliance costs to CFO
represents the decrease in profitability if
the facility absorbs the regulatory costs.
As stated previously, it is probable that
costs will be absorbed where few
facilities within an industry incur
compliance costs from today's proposed
rule and. thus, compliance costs as a
percentage of CFO is the most relevant
parameter.
   Moreover, the cost of compliance
relative to CFO is often the most
conservative indicator of potential
impacts. Cash from operations is the
difference between the value of
shipments (VOS) and the cost of
production (COP). CFO is always less
than VOS and often smaller than COP.
Thus, costs as a percentage of CFO is
usually greater than costs as a
percentage of VOS or COP and will
typically represent the most
conservative indicator.
  2. Screening analysis results. For the
base case waste scenano, 14 facilities
(representing 15 boilers), from a total of
708 facilities with boilers burning
HWDFM, incur compliance costs that
exceed 5 percent of total baseline O&M
costs. Table 6 presents these figures.
These facilities mostly operate in the
chemicals industry (SIC 28) and tend to
fire HWDFM at greater percentages of
the heat input than other facilities
whose compliance  costs are less than 5
percent of baseline O&M costs.
  TABLE 8.—OVERVIEW OF SCREENING ANALYSIS RESULTS FOR BOILERS BASE CASE
                                   WASTE
Increase in O&M costs (percent)
<5 	
5-9
10-24 ._ 	 _ 	
25-74 	 _ 	
75-99 	 	 _ 	
100+ .... 	 	
All boilers 	

Number
of
facilities
694
9
0
5
0
0
708

Number
of boilers
880
10
0
5
0
0
895

Percent
of all
boilers
(percent)
98.3
1.2
00
05
00
0.0
100.0

Annual
average
HWDFM
per
device
(percent
total Btu)
1.52
926
NA
38.17
NA
NA
1.79

  The Agency estimates that all of these
boilers will continue burning HWDFM
after implementation of the proposed
rule. The Agency also believes that this
scenario is the most likely outcome of
the proposed rule.
  Table 9 provides screening analysis
results for the high nsk waste scenario.
Sixty-two facilities (representing 102
 boilers) incur compliance costs that
 exceed 5 percent of baseline O&M costs
 The boilers at these facilities also tend
 to be fired with HWDFM at higher rates
 than boilers at other facilities. All of
 these boilers are estimated to continue
 burning HWDFM as a result of the
 proposed rule.
  TABLE 9.—OVERVIEW OF SCREENING ANALYSIS RESULTS FOR BOILERS HIGH
                            RISK WASTE SCENARIO
Increase in O&M costs (percent)
<5 	 _ 	
5.9
10-24 	 	
25-74 	 _ 	 _ 	
75-99 	
100+
All boilers 	 _ 	 	

Number
of
facilities
646
19
26
17
0
0
708

Number
of boilers
793
39
30
33
0
0
895

Porosnt
ofay
boilers
(percent)
88.6
4.3
3.4
37
0.0
0.0
100.0

Annual
average
HWDFM
.P«
device
(percent
total Btu)
069
5.03
9.72
17.15
NA
NA
1.79

   Under the worst case scenano. where
 all devices discontinue burning
 HWDFM. 71 facilities (representing 116
 boilers) are estimated to incur
 compliance costs exceeding 5 percent of
 baseline O&M costs. The Agency does
 not believe this scenario is the likely
 outcome of the proposed rule, especially
 for those boilers firing large quantities of
 HWDFM that are likely to incur

-------
  compliance costs that are well below
  net savings. However, these results do
  provide an upper-bound estimate of cost
  increases and impacts from the
  proposed rule.
    3. Facility level analysis results.
  Under the base case scenario, one WAF
  Survey respondent (representing 14
  facilities with one boiler each operating
  in SIC 7399) is estimated to incur
  compliance costs exceeding 5 percent of
  CFO. This respondent does not incur
  compliance costs greater than 5 percent
  of baseline O&M costs in the screening
  analysis. The Agency believes that the
                                   / Vol. 52. No.  67 / Wednesday. May 6.  1987 / Proposed Rules	17037
  industry average financial measures
  may understate the true financial health
  of this facility, and that the result from
  the screening analysis is a better
  indicator of potential impacts for this
  facility. These 14 facilities are reported
  as operating in the services industry as
  solvent recyclers and are estimated to
  continue burning HWDFM under the
  trial burn waiver (for both the base case
  and high risk waste scenarios). The
  Agency, therefore, believes it is unlikely
  that there will be significant impacts on
  any facilities under the base case waste
  scenario.
   Table 10 presents estimates of
 facilities experiencing significant
 impacts for any of the three financial
 measures under the high risk waste
 scenario. Of the twenty-three facilities
 estimated to face potentially significant
 impacts, only two facilities (with two
 kilns each), operating in SIC 3241. are
 estimated to discontinue firing HWDFM
 The 23 facilities operate in SICs: 1422—
 Crushed and Broken Limestone; 2800—
 Chemicals Manufacturing: 2861—Gum
 and Wood Chemicals: 3241—Cement.
 Hydraulic: and 7399—Business Services.
 Not Elsewhere Classified.
           TABLE 10-OVERVIEW OF IMPACTS BY INDUSTRY > UNDER THE HIGH RISK WASTE SCENARIO PROPOSED RULE
SIC
Crushed and Broken
Limestone
1422 	
Chemicals and Allied
Products
2800 	
Gum and Wood Chemicals
2861 	
Cement Hydraulic
3241 	
Business Service, NEC
7399 	
Totals* 	

Number of
facilities
\



14
23

Number
of
devices

in


14
41.0

Average
number of
employees
per facility

60
14SU
2Z1
165
45


Average
device size
(MMBtu/hour)

500
497.7
73.8
180.0
200


Average
HWDFM
burned per
device
(gallon/hour)

4.000,000
4.513,880
623,698
2,372.486
1 on nnn


Average cost
of
compliance/
cost of
production per
facility
(percent)

2912
3.16
2.34
4.15
lo.jy

Average cost
of
compliance/
value of
shipments per
facility
(percent)
-
61.88
201
199
2.79
13 12

Average cost
of
compliance/
cash from
operation per
facility
(percent)

1980
5.51
1348
850
65.58

    1 Totals may not equal sum of rows due to rounding

  Under the worst case scenario. 33
 facilities are estimated to incur
 significant impacts as a result of the
 proposed rule. In addition to the five
 industries impacted under the high risk
 waste scenario, facilities in SIC 2631—
 Paperboard Mills. SIC 2819—Industrial
 Inorganic Chemicals. Not Elsewhere
 Classified: SIC 2869—Industrial Organic
 Chemicals. Not Elsewhere Classified:
 and SIC 3312—Blast Furnaces.
 Steelworks, and Rolling Mills are also
 estimated to incur significant impacts.
 As stated previously, the Agency does
 not believe this scenario to be the likely
 outcome of the proposed rule.

 E. Risk Analysis

  1. Methodology. For each of the
 boilers and industrial furnaces, EPA
estimated the quantity and composition
of stack releases: atmospheric transport.
resulting ground level concentration and
exposure to the stack release
constituents: and, the doses received by
the most exposed individual (MEI) and
by human populations within 50
kilometers of each device. Estimates
were made for each device burning
HWDFM in the baseline and after
imposition of the proposed rule. This
allowed for a determination of the
incremental risk reduction achieved by
the proposed requirements.
  The Agency estimated carcinogenic
health effects (i.e.. cancer cases) from
emissions of principal organic
hazardous constituents (POHCs),
products of incomplete combustion
(PICs). and metals (i.e.. arsenic,
cadmium and chromium). The Agency
also determined exposure levels (but not
cases) from emissions of the threshold
compounds lead, hydrogen chloride, and
toluene. EPA considered air emissions
and exposure due to inhalation but did
not address other types of releases (e.g..
spills from storage or transportation,
fugitive emissions) and routes of
exposure (e.g., ingestion of
contaminated crops or animals).
  Changes in health risk may result
from the upgraded performance of a
device due to achieving compliance with
the proposed rule. Improved
performance may result from the
installation (or upgrading) of APCDs. the
installation of CO and Oj monitors to
ensure optimum combustion efficiency.
and prohibiting firing of HWDFM at
start-up and shut-down.
  Alternative management of displaced
wastes will also affect changes in risk.
Displaced HWDFM  from devices that
stop burning or that  reduce the quantity
fired was assumed to be burned in

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17028	Federal Register / Vol.  52. N&LJ? / Wednesday.  May 6. 1987 / Proposed Rules
industrial furnaces that accept off-site
wastes and continue to burn HWDFM
(but not reduce the quantity fired) after
imposition of the proposed rule. Results
from the WAF Survey indicate that
industrial furnaces, especially kilns.
tend to burn large quantities of HWDFM
that are generated off-site. Boilers  tend
to fire smaller quantities of HWDFM
that are often generated on-site. Thus.
industrial furnaces are more likely than
boilers to accept off-site wastes.
Inherent in this scenario is the
assumption that the displaced wastes
contain sufficient heat content so that
they are attractive for burning for energy
recovery.
   The waste scenarios used in the risk
analysis are identical to those used in
the cost analysis. The composition and
firing rate of the HWDFM determines
the amount of hazardous constituents
potentially released from the stack. The
HWDFM firing rate for devices in  the
baseline is that reported in the WAF
Survey. The firing rate for post-
 regulation is the level associated with
 the  least-cost compliance method  per
 device.
   The level of destruction and removal
 efficiency (DRE) for organics and APCD
 removal efficiency (RE) for metals
 determines the actual stack releases of
 the constituents.
   Devices operating in the baseline
 were  assumed to be equipped with air
 pollution control devices (APCDs) as
 reported in the WAF Survey. Each
 APCD was assumed to achieve a level
 of removal efficiency that was
 considered typical for that APCD type.
   Various DRE levels were assigned to
 the devices based on the reported
 presence of CO and Ot monitors,
 charging of solid or liquid wastes into
 •he device, and whether HWDFM
 represented more or less than 50 percent
 of the total fuel input. Although the
 stack tests conducted by EPA reveal
 that boilers can readily achieve 99.99
 percent DRE. the range of design  and
 operating conditions in the stack  tests
 did not cover the wide range of
 conditions reported in the WAF Survey.
 Thus, respondent devices from the WAF
 Survey were assigned to DRE categories.
 All devices burning HWDFM after
 imposition of the proposed rule were
 assumed to achieve the target level of
 99.99 percent DRE.
    The location of each device as
  reported in the WAF Survey was used
  as an input  for dispersion modeling that
  estimated the resulting exposure to
  human populations. Incorporating the
  location of each of the WAF Survey
  respondents allows for dispersion
  modeling that accounts for the
climatology and general population
surrounding the specific device.
  Once the exposure estimates were
determined, the dosage and resulting
increased risk received by the human
population (and most exposed
individual) were calculated. Humans
were assumed to breathe 22 cubic
meters of air per day. absorb 100 percent
of the hazardous material inhaled, weigh
70 kilograms, and be of "average"
susceptability. No antagonistic or
synergistic  affects among the various
compounds were analyzed. Stack
releases  were assumed to continue for
70 years, and all other factors also
remained constant over this period (e.g..
human population, weather). Finally.
each incidence of nsk  for a device
reported in the WAF Survey was
extrapolated to obtain national
estimates for the total population of
devices burning HWDFM.
   Health effects were  also assessed
from emissions of the  non-carcinogenic
(threshold) compounds lead, hydrogen
chloride (HC1). and toluene. Toluene
was chosen to represent a non-
carcinogenic POHC since it is a
compound often present in organic
hazardous wastes.
   The Agency calculated the ratio of
predicted exposure (for both the MEI
 and average population) to the reference
 dose for each of the three threshold
 compounds. The sum  of the three ratios
 was also calculated. Although the risks
 from threshold compounds may not be
 additive, the sum of the ratios does
 serve as an indicator  of potential effects
 from exposure to multiple contaminants.
  No information was available on the
ambient (background) levels of the three
compounds surrounding each specific
device. This lack of data prohibits an
analysis of how the exposure from
burning HWDFM contributes to total
ambient levels. If the resulting exposure
from all sources of threshold compounds
is less than the reference dose, then the
burning of HWDFM produces no
incremental health risk for these
compounds. However, if the exposure
from baseline burning of HWDFM and
other sources exceed the reference dose.
then the reduced exposure resulting
from today's rule may reduce the health
risk from any or all of these three
compounds.
  In order to consider the potential for
significant ambient  levels. EPA assumed
that other sources could account for up
to 90 percent of the  reference does. This
would allow for the burning of HWDFM
to pose no health risk from each of the
threshold compounds if the resulting
exposure was less than 10 percent of the
reference dose. Thus, a screening
analysis was done to identify the
number of devices burning HWDFM that-
 produced emisisons of threshold
 compounds, in the baseline and after
 imposition of  the proposed rule, that
 exceeded 10 percent or more of the
 reference dose.
   2. Results. Table 11 presents estimates
 of the lifetime (i.e.,  70 year) cancer case*
 for the base case waste scenario.
 Estimates are provided for devices
 operating in the baseline and those that
 continue to burn HWDFM (or burn
 displaced wastes) after imposition of the
 proposed rule.
                  TABLE 11.—EXPECTED LIFETIME CANCER CASES
                            [Base case waste scenario]
^
Baseline 	 	 	 - 	 - 	 - 	


Cases avoided from devices mat discontinue burning 	


POHC's
1
0
1




piers
1
0
1

	

Metals
16
15
1

	


Total
18
15
3
3
0
«1)
3
    The base case waste scenario results
  in 3 cases avoided from the 759 devices
  that continue to burn HWDFM after
  imposition of the proposed rule. There
  are no cases avoided from the 193
  devices that discontinue burning
  HWDFM because over 95 percent of
  these devices are space heaters that are
  fired with very low quantities (100
  gallons annually) of HWDFM. The
  burning of displaced HWDFM in
  industrial furnaces results in less than
  one lifetime cancer case. Thus, the net
  reduction in 70-year cases is
  approximately three. Under this waste
  scenario, all of the after-regulation risk
  and the majority of the baseline risk is
  from metals (i.e., arsenic, cadmium,

-------
Federal Register / Vol. 52. No. 87 / Wednesday. May 6. 1987 / Proposed Rules 17029
chromium) emissions. It is likely that
many wastes will not have all three
metals at the assumed levels. The above
results may overstate risks for these
types of wastes
Table 12 presents the risks to the most
exposed individual (MEIJ. the Agency
estimates that there are no devices
burning HWDFM in the baseline that
pose a lifetime risk equal to or greater
than one in ten thousand. Ten devices
produce a risk to the MEI in the one in
one hundred thousand range. The
remaining 942 devices are estimated to
produce a MEI risk in the one in one
million range or less. After compliance
with the proposed rule, no devices that
were burning HWDFM in the baseline
would generate incremental lifetime
risks in the one in ten thousand range.
Forty-eight devices are estimated to
produce a MEI risk in the one in one
million range, while the remaining 708
devices burning HWDFM generate risks
in the one in ten million range or less.
TABLE 12.— RISKS TO THE MEI
[Base case waste scenario]

Baseline 	 	
Do 	
Do 	
Do 	 _ 	
Do . ..._ 	
Do 	 _ 	
Total 	
Post-regulation 	
Do 	 ." 	
Do 	
Do 	
Do 	
Do 	
Total 	
Devices that
discontinue
burning 	

Risk
level
>10-«
lo-«
io-»
io-«
10-'
<10-'
>10-
10-
10-
10-
10-
ase case waste scenario, EPA
istimates that there are no devices
>roducing MEI or average population
ixposures. in the baseline or after-
regulation, exceeding 10 percent of any
of the reference doses. The sum of the
ratios is also less than 10 percent. Thus.
if other sources produce exposure levels
less than 90 percent of the reference
doses, then the proposed rule achieves
no benefits from reduced emissions of
threshold compounds.
The Agency estimates that, under the
high risk waste scenario, there are 391
cases avoided from the 755 devices that
continue to burn and no cases avoided
from the 197 devices that discontinue
burning HWDFM. Table 13 presents
these results. Alternative management
of the displaced HWDFM produces 74
cases. Thus, there is a net reduction of
317 lifetime cases. Similar to the base
case waste results, metals emissions
account for the majority of the baseline
and post-regulation risks.
TABLE 13 —EXPECTED LIFETIME CANCER
CASES
[High risk waste scenario]

Baseline .
Post-
regula-
tion . ...
Cases
avoid-
ed.
Cases
avoided
from
devices
that
contin-
ue to
bum 	
Cases
avoided
front
devices
that
discon-
tinue
burning...
Cases
from
burning
of
dis-
placed
wastes....
Net
cases
avoid-
ed.
POHC's
25
2
23
—


PIC's
4
0
	 4_
-


Metals
582
218
364
—




Total
611
220
391
391
0
(74)
317
	
Table 14 presents estimates of MEI
risk for the high risk waste scenario. In
the baseline, 19 devices produce an MEI
risk in the one in ten thousand range
100 devices produce an MEI risk in the
one in one hundred thousand range, and
the remaining 833 devices produce an
MEI risk in the one in one million range
or less. After imposition of the proposed
rule, no devices produce an MEI risk in
the one in ten thousand range. 73
devices produce an MEI risk in the one
in one hundred thousand range, and 682
devices produce an MEI risk in the one
in one million range or less (197 devices
discontinue burning HWDFM}.
TABLE 14 —RISKS TO THE MEI
[High risk waste scenario]

Baseline 	
Do 	
Do 	
Do 	
Do 	
Do 	
Total.
Post-
regula-
tion 	
Do 	
Do 	
Do 	
Do._ 	
Do 	
Total-
Devices
thai
discontin-
ue
burning ..
Risk
level
>io-
10-
10-
10-
10-
10-«
10-«
io->
10-«
10-'
<10-'

Number
of
devices
0
19
100
167
198
468
952
=
0
0
73
52
35
595
755
===
197
Percent of
device
population
0
2
11
17
21
49
100
=====
0
0
a
5
4
62
79
=====
21
For the high risk waste scenario,
Table 15 shows that 45 devices would
produce exposures exceeding 10 percent
of the HCI threshold level in the
baseline. A total of 58.838 people would
be exposed to this HCI level. The sum of
the ratios for the three compounds
exceeds 10 percent at 47 devices (5
percent of all devices burning HWDFM)
in the baseline. For these devices, the
proposed rule eliminates all exposures
greater than 10 oercent of thp thi-oak^M

-------
              TABLE 15.—CHANGES IN NON-CANCER HEALTH RISK

          [High nsk waste scenario, average ratio of exposure to RFD >0.1]

Constituent

uci 	
Lead 	
Sum of ratios 	
Baseline
Number o)
devices
0
0
0
0
Total
population
w/in SO km
0
0
0
0
Post-regulation
Number of
devices
0
0
0
0
Total
population
w/m 50 km
0
0
0
0
                    MEI RATIO OF EXPOSURE TO RFD >0.1
Constituent

lJf*l 	 	
I_g3d 	
Sum of ratios 	
Baseline
Number ot
devices
0
45
0
47
Total
population
w/m 50 km
0
58,638
0
64.915
Post-regulation
Number of
devices
0
0
0
0
Total
population
w/m 50 km
0
0
0
0
F. Regulatory Flexibility Analysis
  The Regulatory Flexibility Act (RFA)
requires Federal regulatory agencies to
evaluate the impacts of regulations on
small entities. The RFA requires an
initial screening analysis to determine
whether the proposed rule will have a
significant impact on a  substantial
number of small businesses.
  This section discusses the
methodology and results of the Agency's
RFA screening analysis. Based on this
analysis, the Agency has determined
that today's rule will not have a
substantial impact on a substantial
number of small firms.             _
   1. Methodology. The facility financial
 measures used in the overall economic
 analysis were used for the RFA
 screening analysis. A small entity was
 considered to be significantly impacted
 when the cost  of compliance for one or
 more devices exceeded by five percent
 any of the three financial measures (i.e..
 cost of production, value of shipments.
 cash from operations).
   The RFA defines small entities as
 small businesses, small organizations.
 and small governmental jurisdictions.
 The Small Business Administration's

   "• EPA. Guidelines for Implementing the
 Resulmor} Flexibility Act pp 6-7.
(SBA) definition of "small" ranges from
100 to 500 employees depending on the
Standard Industnal Classification (SIC]
code.
  The cost and impact analyses were
conducted at the facility rather than at
the firm level due to lack of information
on firm size. Neither the RFA nor the
SBA defines "small" establishments.
although for single-establishment firms
the SBA's small business standards
would apply. All facilities are
considered to be single establishment
firms for the impact assessment.
   For purposes of this analysis, small
entities were defined to be those
 facilities with fewer than 100 employees.
 Four size categories (i.e.. less than 10.10
 to 50.51 to 100. greater than 100
 employees) were used to compare
 impacts between small and large-
 establishments and the relative burden
 imposed on small businesses.
   The Agency has defined "substantial
 number" as twenty percent of the
 affected small entities.79 The population
 of affected small facilities as reported in
 the WAF Survey (and as adjusted to
 include lightweight aggregate kilns)  was
 used for the analysis. If twenty percent
of all facilities with less than 100
employees are significantly affected.
then the proposed rule is considered to
have a significant impact on a
substantial number of small entities.
  2. Results. The assessment of small
business impacts was conducted for all
devices burning HWDFM in the
baseline.
  As stated in Section D—Economic
Impacts, the Agency estimates that no
facilities will incur compliance costs
that exceed 5 percent of any of the three
financial measures for the base case
 waste scenario. Although, as identified
 above. 14 facilities operating in SIC 7399
 are estimated to incur costs greater than
 5 percent of CFO. EPA believes that the
 industry financial data on which this
 finding is based are not reliable for
 these facilities. Thus. EPA believes that
 these facilities will not experience
 significant impacts. Moreover, although
 these 14 facilities represent 49 percent of
  all facilities in the 10 to 49 employee size
  range, they represent only 5 percent of
  all small facilities (facilities with less
  than 100 employees). Thus, the Agency
  estimates that a substantial number of
  small entities will not be significantly
 ' impacted under the base case waste
  scenario. The Agency believes this
  scenario to be the most likely outcome
  of the proposed rule.
     Table 16 shows an overview of
  impacts for the high risk waste scenario.
  Excluding the 14 facilities in SIC 7399.
  whose industry financial information is
  believed to be inappropriate, one
  "small" facility (in the 50 to 99 employee
  size range) is estimated to incur
  significant impacts. This facility
   operates in SIC 1422 and burns HWDFM
   in two kilns. Eight facilities (operating in
   SICs 2800.2861 and 3241) with greater
   than 100 employees are also estimated
   to face significant impacts. The one
   "small" facility represents less than one
   percent of all facilities with less than
   100 employees. (Including the 14
   facilities in SIC 7399 would bring the
    total of significantly impacted small
    facilities to 6 percent of all facilities
    with less than 100 employees.) Thus.
    under the high risk waste scenario, it
    appears that a significant number of
    small entities will not be significantly
    impacted by today's rule.

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                   Federal Register /  Vol. 52.  No. 87 / Wednesday. May 6.  1987 /  Proposed Rules
                                                                                  17031
                                 TABLE IB.-OVERVIEW OF IMPACTS FOR SMALL ESTABLISHMENTS
                                                    (High nsk waste scenario]
    Establishment size (number of
            employees)
  Total
number of
 facilities
  Total
number of
 devices
 Average cost
     of
 compliance/
   cost of
production per
   facility
  (percent)
   10 to 49
   50 to 99
   100+
Average cost
     of
compliance/
  value of
shipments per
   facility
  (percent)
    In summary, the Agency believes that
  it is unlikely that small entities will
  experience significant impacts under the
  base case scenario. Although one
  facility does experience significant
  impacts under the high nsk waste
  scenario, it does not represent a
  "substantial number" of the affected
  small entities. Therefore, the proposed
  rule does not meet the Regulatory
  Flexibility Act criteria requiring that a
  full Regulatory Flexibility Analysis be
  completed.
   The Agency solicits public comments
  and additional data regarding the
  assumptions, costs, risks, and possible
  impacts identified in the regulatory
  analysis.

  G. Paperwork Reduction Act
   The information collection
  requirements in this proposed rule have
  been submitted for approval to the
 Office of Management and Budget
 (OMB) under the Paperwork Reduction
 Act. 44 U.S.C. 3501 et seq. An
 Information Collection Request
 document has been prepared  by EPA
 (ICR No. 1361) and a copy may be
 obtained from Rick Westlund.
 Information Policy Branch; EPA: 401 M
 Street. SW.. (PM-223); Washington. DC
 204BO or by calling (202) 382-2745.
 Submit comments on these requirements
 to EPA and: Office of Information and
 Regulatory Affairs: OMB: 726  Jackson
 Place. NW.: Washington. DC 20503
 marked "Attention: Desk Officer for
 EPA." The final rule will respond to any
 OMB or public comments on the
 information collection  requirements.
 III. List of Subjects in 40 CFR Parts 260,
261. 264. 265. 266. 270. and 271
  Administrative practices and
procedures. Confidential business
information. Hazardous materials
transportation. Hazardous waste. Indian
lands. Insurance. Intergovernmental
relations. Packaging and containers.
         Penalties. Recycling. Reporting and
         recordkeeping requirements. Security
         measures. Security bonds. Water
         pollution control, Water supply.
           Dated: April 17.1987.
         Lee M. Thomas.
         Administrator.

         APPENDIX  A.—REFERENCE AIR  CON-
           CENTRATIONS      (RAC's)     FOR
           THRESHOLD CONSTITUENTS
                 Constituent
        Acetoratrile	
        Acetophenone	
        Acrolein	
        Aluminum phosphide	
        Ally) alcohol	
        Antimony	,
        Banum	
        Banum cyanide	
        Benzidine	
        Bis(2-ethylhexyl)phthalate...
        Bromomethane	
        Calcium cyanide	
        Carbon disulfide	
        Chlordane	
        2-chloro-l ,3-butadiene.""!!"
        Chloromethane	
        Chromium III	
        Copper cyanide	".
        Cresols	
        Cyanide(free)	'„
        Cyanogen	
        Dwvoutvl phthalate	!!!"!
        O-dichlorobenzene	
        Dichlorodifluoromethane	
        2.4-dichlorophenol	
        i ,3-dichloropropene	
        Diethyl phthalate	
        Dimethoate	
        2,4-dinrtrophenol	
        Diphenylamine	
        Endosulfan	
        Endnn	
        Flounne	
                          Maximum
                           annual
                          average
                        ground level
                         concentra-
                          tion (fig/
                            m')
                                10
                               500
                               0.25
                               0.25
                                 5
                               0.25
                              .  50
                                50
                         0.5 x 10"«
                                17
                               0.7
                                25
                               200
                           5 x ID"1
                               2.5
                               0.7
                              1.000
                                50
                               100
                                17
                                25
                                10
                                10
                               170
                               2.5
                              0.25
                                10
                               1.0
                               1.0
                               225
                              0.01
                              0.05
                               50
 Average cost
     of
 compliance/
  cash from
operations per
   facility
  (percent)
                                                        Facilities experiencing
                                                          significant impacts
                                                                                                     (Number)
                                                                               (Percent of
                                                                                 total)
                                      APPENDIX  A.—REFERENCE AIR  CON-
                                        CENTRATIONS      (RAC's)     FOR
                                        THRESHOLD CONSTITUENTS—Con-
                                        tinued
                                              Constituent
                          Fotnialdehyde	,
                          Formic acid	
                          Heptachlor	.'.„"
                          Hexachlorocycolepentadiene..
                          Hydrocyanic acid	
                          Hydrogen chloride	
                          Hydrogen sulfide	_	
                          Isobutyl alcohol		
                          Lead	
                          Mercury	_	
                          Metholmyl	
                          Methoxychlor.
                          Methly ethyl ketone		
                          Methyl hydrazina.	
                          Methyl parathion	
                          Nickel™	
                          Nickel cyanide	
                          Nrtnc oxide	,
                          Nitrobenzene	
                          Pentachlorobenzene	
                          Pentachlorophenol	
                          Phenol	
                          M-phenylenediamine	
                          Phenylmercunc acetate	
                          Phosphine	_	
                          PCBs.._	
                          Potassium cyanide	_	
                          Potassium silver cyanide	
                          Pyndine	_..._		
                         Setemous acid	
                         Selenourea			
                         Silver			
                         Silver cyanide	
                         Sodium cyanide		
                         Strychnine.
                         1.2.4.5-tetrachlorobenzene	
                         2.3,7.8-tetrachlorodibenzo-p-
                           doxin	_..._..„_	
                         2.3.7.6-tetrachlorophenol _	
                         Tetraethyl lead	
                         Thalle oxide	
                                                       Maximum
                                                        annual
                                                        average
                                                      ground level
                                                       concentra-
                                                       tion (>ig/
                                                          m3)
                                          2x 10-'
                                              1700
                                               01
                                                 5
                                                17
                                                (')
                                               2.5
                                              250
                                              0.09
                                               17
                                                23
                                                50
                                                75
                                           7x10->
                                               25
                                                10
                                                17
                                               25
                                              05
                                               17
                                               25
                                              100
                                                5
                                             0.08
                                             0.025
                                          2 X 10'«
                                               50
                                              170
                                                5
                                              2.5
                                                5
                                                5
                                              100
                                              25
                                             0.25
                                             0.25

                                          5 x 10-«
                                               10
                                         1 X 10 -•
                                             0.25

-------
17032
Federal Register / Vol.  52.  No.  87 /  Wednesday. May 6.  1987  /  Proposed Rules
APPENDIX A.—REFERENCE AIR CON-
  CENTRATIONS      (RAC's)     FOR
  THRESHOLD CONSTITUENTS—Con-
  tinued
         Constituent
Thallium	,
Thallium (I) acetate	
Thallium (I) carbonate	
Thallium (I) chloride	
Thallium (I) nitrate	
Thallium selenite	
Thallium (I) sulfate	
Toluene	,
1,2.4-tnchlorobenzene	,
Tnchloromonofluoromethane....
2.4.5-tnchlorophenol	
Vandium pentoxide	
Vinyl chloride	
              Maximum
               annual
              average
            ground level
             concentra-
              tion (fig/
                md)
                    500
                    0.5
                   025
                    0.5
                    0.5
                    0.5
                    0.5
                    500
                     17
                    250
                    100
                     17
                   0.05
   1 Maximum of 150 for three minute average.

APPENDIX B.—RISK SPECIFIC DOSES FOR
   CARCINOGENIC CONSTITUENTS AT  10~S
   Risk Level
Constituent
Acrylamide 	
Acrylonitnle 	
Aldnn 	
Aniline 	
Arsenic 	

Benzene 	
Benzo(a)pyrGne 	
Beryllium 	
Bis(2-chloroethyl)ether 	
Bis(2-chloromethyl)ether 	
Cadmium 	
Carbon tetrachlonde 	
1-Chloro-2,3-epoxypropane 	
Chloroform 	
Chloromethyl methyl ether 	
Chromium (hexavalent) 	
DDT 	
Dibenz(a.h)anthracene 	
1 ,2-Dibromo-e-chloropropane 	
1 2-Dibromoethane 	
1 4-Dichlorobenzene 	 ,
1.2-Dichloroethane 	
1.1-Dichloroethylene 	
Dieldnn 	
Diethylstitbestrol 	
Dimethylmtrosamtne 	
2 4-Dinitrotoluene 	
Dioxane 	
Ethylene oxide 	
Hexachlorobenzene 	
Hexachlorobutadiene 	
Hydrazine — 	 	 	 -
Hydrazine Sulfate 	
3-Methylchlolanthrene 	
Risk
specific
dose(ftg/
nO
9x10-'
1x10"'
2x10'J
1
2x10"'
1x10-f
1
3x10"'
4x10"'
3x10"'
4x10'»
6x10-'
7x10"'
B
4x10"'
4x10-'
8x10-'
3x10-'
7x10-'
2X10-'
8x10"'
2
4X10-'
2x10-'
2x10-'
7x10"*
IXlO"4
1X10'1
7
1x10"'
2
5X10-'
3x10"'
3X10-'
4x10'»
                         APPENDIX B.—RISK SPECIFIC DOSES FOR
                           CARCINOGENIC CONSTITUENTS AT  10~S
                           Risk Level—Continued
                                                   Constituent
                                                               Subsul-
Methylene chloride	
4.4-Methylene-bts-2-
  chloroanihne	
Nickel  (carbonyl  and
  fide)	
2-Nitropropane	
N-Nitroso-n-methylurea	
N-Nitrosopyrrolidine	
Pentachloronitrobenzene....

Reserpine	,
1.1,2.2-Tetrachloroethane..
Tetrachloroethylene	
Thiouroa	-	
Tnchloroethylene	
                                Risk
                               specific
                              dose (fig/
2x10-'

3x10'*
4x10'»
1X10-'
2x10-'
1x10-'
 2
3x10-'
2x10-'
     21
2x10"
 8
Appendix C—Example Tier I and Tier II
Calculations

Example *1 (Tier I)
  A 10 MM Btu/hr (heat input) boiler is
burning hazardous waste at a rate of 150 Ibs/
hr along with 400 Ibs/hr of heating oil. The
boiler is located in flat terrain. The waste has
a heating value of 10.000 Btu/lb and  contains
the metal concentrations:
Arsenic =0.5 ppm
Cadmium=1.0 ppm
Chromium =0.4 ppm
Lead=1.0  ppm
  Question: Is the waste ID compliance with
Tier I standards?
  For this  case the following equation from
proposed i 266.34-4(b)(3)(i)(B) applies.
                                                   (As)        (Cd)     (Cr+6)
                                              (1)	  + 	+	0.0
                                                 3.9X10"'    9.8X10-'   1.4X10"'
                                            Note.—For Tier I. all chromium in the
                                           waste is treated as hexavalenl chromium
                                           (Cr+6).
                                            First (As). (Cd). and (Cr) in units of Ib/MM
                                           Btu. must be determined for the waste using
                                           the following equation(s):
                                                 (M)=
                                                       Cm (10« Btu)(10-« Ibs/PPm)
                                                                  Hw
                                           which simplifies to:
                                                                 Cm
                                                         (2) (M)= —
                                                                 Hw
                                           where:
                                           (M) is the metal feedrate in the waste in Ib/
                                               MM Btu.
                                           Cm is the metal concentration in the waste in
                                               ppm.
                                           Hw is the heat content of the waste in Btu/lb.
                                             Therefore:
                                                (Ag)= _- =5XlO-Mb/MM Btu
                                                       10'
                                                                         (Cd)= — =1X10- Ib/MM Btu
                                                                                10'
                                                                          (Cr)= — =4X10-' Ib/MM Btu
                                                                                10'
                                                                                       Substituting in equation *1:
                                                                         3.9X10-'   9.8X10-'   1.4X10"4


                                                                    0.13+0.10+0.28=0.520.0
                                                                      Therefore, the facility is in compliance with
                                                                    Tier I standards for arsenic, cadmium, and
                                                                    chromium.
                                                                      As for lead, using equation *2:
                                                                                   10
                                                                            (Pb)= 	 =1X10-' Ib/MM Btu
                                                                                   10'
                                                                       From proposed § 266.34-4(b)(3)(i)(B).
                                                                     maximum lead levels are 1.6 x 10" * Ib/MM
                                                                     Btu. Therefore, the facility is in compliance
                                                                     with the all Tier 1 metal standards. Note: It is
                                                                     proposed that the specific levels for the
                                                                     metals will be fixed in the final  permit based
                                                                     on the characteristics of the waste and
                                                                     equation *l.

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                   Federal  Register / Vol. 52. No. 87 /  Wednesday. May 6.  1987 / Proposed Rules
                                                                                                            17033
   Example #2 (Tier II)

     The above boiler is burning a hazardous
   waste under the same conditions as example
   *1 except the hazardous waste has the
   following metals concentrations'
   Arsenics 2.0 ppm
                                     Cadmium=1.0 ppm
                                     Chromium=0.4 ppm
                                     Lead=20 ppm
                                      Question: Would the bailer be in
                                     compliance with Tier II standards when
                                     burning fuel oil containing the following
                                     metals:
                                           Arsenic=0.5 ppm
                                           Cadmium =0.2 ppm
                                           Chromium=0.2 ppm
                                           Lead=1.0ppm
                                            In this case, the following equation for Tier
                                           II (from proposed 8 266.34-l(b)(2)J must be
                                           used to calculate the metal feed rate (MFR):
                             x Rw
          (3)
                MFR
                                                       x R
                                                   H,
                  Fi  +   I   "FSj  x "FSj
                       -izi
                                                                                           x 10
                                                                                           -6
  to the
                       be S'mpllfled   Mw m
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17034
Federal  Register / Vol. 52. No.  87 / Wednesday. May 6. 1987  /  Proposed Rules
produced from decanter tank tar sludge,
EPA Hazardous Waste K087.
PART 264—STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL
FACILITIES

   III. In Part 264:
   1. The authority citation for Part 264
continues to read as follows:
   Authority: Sees. 1006, 2002(a), 3004. 3005 of
 the Solid Waste Disposal Act. as amended by
 the Resource Conservation and Recovery Act
 of 1976. as amended (42 U S.C. 6905.6912(a).
 6924. and 6925).
   2. It is proposed to amend § 264.340 by
 revising paragraph  (a) to read as
 follows:

 §264.340  Applicability.
   (a) The regulations of this subpart
 apply to owners and operators  of
 hazardous waste incinerators (as
 defined in § 260.10  of this chapter).
 except as § 264.1 provides otherwise.
 •    •    •     •    •

 PART 265—INTERIM STATUS
 STANDARDS FOR OWNERS AND
 OPERATORS OF HAZARDOUS WASTE
 TREATMENT, STORAGE, AND
 DISPOSAL FACILITIES

    IV. In Part  265:
    1. The authority  citation for Part 265
 continues to  read as follows:
    Authority: Sees. 1006. 2002(a). 3004. and
 3005 of the Solid Waste Disposal Act. as
 amended by the Resource Conservation and
 Recovery Act  of 1976. as amended (42 U.S.C.
 6905.6924. and 6925).
    2. It is proposed to amend §  265.340 by
  revising paragraph (a) to read  as
  follows:

  §26&340 Applicability.
    (a) The regulations of this subpart
  apply to owners and operators of
  hazardous waste incinerators (as
  defined in § 260.10 of this chapter).
  except as § 265.1 provides otherwise.
  PART 266— STANDARDS FOR THE
  MANAGEMENT OF SPECIFIC WASTES
  AND SPECIFIC TYPES OF WASTE
  MANAGEMENT FACILITIES

     V. In Part 266:
     1. The authority citation for Part 266
  continues to read as follows:
     Authority: Sees. 1006. 2002(a). 3004. and
  3014 of the Solid Waste Disposal Act. as
   amended by the Resource Conservation and
   Recovery Act of 1976, as amended (42 U.S.C.
   6905. 6912(a). 6924. and 6934).
                          2. It is proposed to revise Subpart D to
                        read as follows:
                        Subpart D—Hazardous Waste Burned In
                        Boilers and Industrial Furnaces

                        Sec
                        266.30  Applicability.
                        266.31  Standards for generators.
                        266.32  Standards for transporters.
                        266.33  Standards for owners and operators
                            of treatment or storage facilities.
                        266.34  Standards for owners and operators
                            of facilities that burn hazardous waste in
                            a boiler or industrial furnace.
                        266.34-1  Applicability.
                        266.34-2  Hazardous waste analysis.
                        266.34-4  Standards to control emissions
                        266.34-5  Permits.
                        266.34-6  Operating requirements.
                        26634-7  Monitoring and inspections.
                        266.34-8  Closure.
                         266.35  Interim status standards for owners
                             and operators of facilities that burn
                             hazardous waste in a boiler or industrial
                             furnace.
                         266.35-1  Applicability.
                         266.35-2  Hazardous waste analysis.
                         266.35-3  Operating requirements.
                         266.35-4  Monitoring and inspections.
                         266.35-5  Closure.

                         §266JO  Applicability.
                           (a) The regulations of this subpart
                         apply to hazardous waste burned in a
                         boiler or industrial furnace (as defined
                         in S 260.10 of this chapter), except as
                         provided by paragraph (b) of this
                         section. A secondary material burned in
                         an industrial furnace exclusively for
                         materials recovery is not a solid (and if
                         hazardous, hazardous) waste, however.
                         if it is indigenous to the process in which
                         the industrial furnace is used, in the
                         sense of being generated by the same
                         type of industrial furnace as that in
                         which burning occurs, or, for secondary
                          smelting furnaces, the material is scrap
                          metal or battery plates  and groups.
                          These regulations also do not apply to
                          gas recovered from hazardous (or solid)
                          waste landfills when such gas is burned
                          for energy recovery.
                            (b) The following hazardous wastes
                          and facilities are not subject to
                          regulation under this subpart:
                             (1) Used oil burned for energy
                          recovery that is also a hazardous waste
                          solely  because it exhibits a
                          characteristic of hazardous waste
                          identified in Subpart C of Part 261 of this
                          chapter. Such used oil is subject to
                          regulation under Subpart E of Part 266
                           rather than this subpart and
                             (2) Hazardous wastes that are exempt
                           from regulation under  55 261.4 and 261.6
                           (a)(3)(vH»x) of this chapter, and
                           hazardous wastes that are subject to the
                           special requirements for small quantity
                           generators under S 261.5 of this chapter.
§ 266.31  Standards tor generators.
  Generators of hazardous waste that is
burned in a boiler or industrial furnace
are subject to Part 262 of this chapter.
Generators who burn such hazardous
waste also are subject to §§ 266.34 and
266.35.
§ 266.32 Standards for transporters.
  Transporters of hazardous waste that
is burned in a boiler or industrial
furnace are subject to Part 263 of this
chapter.

§ 266.33  Standards for owners and
operators of treatment or storage facilities.
   (a) Owners and operators of facilities
 that treat or store hazardous waste that
 is burned in a boiler or industrial
 furnace are subject to the applicable
 provision of Subparts A through L of
 Part 264. Subparts A through L of Part
 265. and Part 270 of this chapter, except
 as provided by paragraph (b) of this
 section. These standards apply to
 storage by the burner as well as to
 storage and treatment facilities operated
 by intermediaries (processors, blenders,
 distributors, etc.) between the generator
 and the burner.
   (b) Owners and operators of facilities
 that burn, in an on-site boiler or
 industrial furnace exempt from
 regulation under the small quantity
 burner provisions of § 266.34-l(b),
 hazardous waste that they generate are
 exempt from regulation under Subparts
 A through L of Part 264. Subparts A
 through L of Part 265. and Part 270  of
  this chapter with respect to the storage
  of mixtures of hazardous waste and the
  boiler or industrial furnace primary fuel
  in tanks that feed the fuel mixture
  directly  to the boiler. Storage of
  hazardous waste prior to mixing with
  the primary fuel is subject to regulation
  as prescribed in paragraph (a) of this
  section.
  §266.34  Standards for owners and
  operators of facilities that burn hazardous
  waste In a boiler Of Industrial furnace.

  §266.34-1  Applicability.
    (a) General. Owners and operators of
  facilities that burn hazardous waste in a
  boiler or industrial furnace are subject
  to this section except as provided by
   § 266.30 and paragraphs (b) and (c) of
   this section.
    (b) Small quantity on-site burner
   exemption. Owners and operators of
   facilities that burn hazardous waste  that
   they generate in an on-site boiler, blast
   furnace, sulfur recovery furnace, light-
   weight aggregate kiln, asphaltic concrete
   kiln, lime kiln, or cement kiln are
   exempt from the requirements of this
   section provided that:

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                Federal Register / Vol.  52. No. 87 / Wednesday, May  6. 1987 /  Proposed Rules
                                                                                17035
   (1) The quantity of hazardous waste
 burned in a calendar month does not
 exceed the limits provided below as a
 function of device size. No more than
 one type of device may burn hazardous '
 waste at a given site under this
 exemption, and the number of devices of
 each type thai can burn waste at a given
 site are limited (i.e.. hazardous waste
 may be burned at a given site under
 only one of the following paragraphs.
 (b)(l) (i) through (viii) of this section,
 and only in the maximum number of
 devices precribed for that paragraph).
 The size of the boiler or industrial
 furnace means maximum rated heat
 input capacity.
   (i) Boilers:
Baler size (million Btu/nr)

0 4 10 1 5 	 . _ 	
>15» 10
> 10 lo SO ._ 	 .
>SOto ISO
> ISO to 400 . .
>400 	
Quantity
limn/device
(gallon/
month)
7
13
26
55
100
300
No more than two boilers may burn
hazardous wastes under this exemption
at a site.
  (ii) Blastfurnaces:

Blast lumace tat (million Blu/hr)

500 to 1 400
>1400
Quantity
tont/ device
(gallon/
month)
250
420
No more than two blast furnaces may
burn hazardous wastes under this
exemption at a site.
  (in) Sulfur recovery furnaces-
Furnace size (melton Btu/hr)
Quantity
limn/dewee
(gallon/
month)
>so
                                    40
No more than four sulfur recovery
furnaces may burn hazardous wastes
under this exemption at a site.
  (iv) Asphaltic concrete kilns:
       Kiln size (million Btu/nr)
 Quantity
him/device
 (gallon/
 month)
                                   110
No more than one asphaltic concrete
kiln may burn hazardous wastes under
this exemption at a site.
  (v) Lime kilns:
Kiln sue (mdbon Btu/nr)
>60 . .
Quantity
bmn/devica
(gallon-
month)
200
          No more than two lime kilns may burn
          hazardous wastes under this exemption
          at a site.
            (vi) Light-weight aggregate kilns:

Kdn sue (million Blu/hr)

>45 	 	

Quantity
ImM/davm
(gallon.
month)
110
          No more than three light weight
          aggregate kilns may burn hazardous
          wastes under this exemption at a site.
            (vii) Wet cement kilns:
Kiln sae (million Btu/nr)
90 to 200 _ - . 	 .
>200 	 	
Quantity
bmt/daviea
(gallon/
month)
170
420
          No more than three wet cement kilns
          may burn hazardous wastes under this
          exemption at a site.
            (vin) Dry cement kilns:
Kdn tat (mtihon Btu/hi)
60 to 160 . 	 ._ - - 	 . _ _ _
> 160 	 	 	 . _.r. _ .
Quantity
hml/devm
(gallon-
month)
140
280
No more than three dry cement kilns
may burn hazardous wastes under this
exemption at a site.
  (2) The hazardous waste fuel does not
contain (and is not derived from) EPA
Hazardous Waste Nos. F020. F021. F022,
F023. F02B. or F027.
  (3) The maximum hazardous waste
firing rate cannot exceed at any time 1
percent of the total boiler or industrial
furnace fuel (hazardous waste plus other
fuel) on a volume basis.
  Note.—Hazardous wastes that are subject
to the special requirements for small quantity
generators under § 261.5 of this chapter may
be burned in an off-site device under the
exemption provided by § 266.34-1 (b). but
must be included in the quantity
determination of the exemption.
  (4) Notification requirements. The
owner/operator of facilities qualifying
for the on-site small quantity burner
exemption under paragraphs (b) (1), (2),
and (3) of this section must provide a
one-time written notice to EPA
indicating the following:
  (i) The combustion unit is operating as
a small quantity burner of hazardous
waste;
  (11) The requirements of § 266.34-1 and
any other applicable standards
providing for their status as a small
quantity burner will be complied with at
all times: and
  (liil Hazardous waste generated off-
site (other than small quantity generator
hazardous waste exempt under § 261.S
of this chapter) will not be burned:
  (5] Recordkeepmg requirements. The
owner or operator must maintain the
following records at the site to show
compliance with this subsection:
  (i) Sufficient records to show
compliance with the hazardous waste
quantity and firing rate limits must be
maintained at the facility for three
years:
  (ii) These records, at a minimum, must
indicate the device capacity size and the
quantity of hazardous waste and other
fuel burned in each unit per month.
  (c) Applicability of Part 264
standards. Owners and operators of
boilers and industrial furnaces that burn
hazardous waste are subject to the
following provisions of Part 264 of this
chapter, except as provided otherwise
by this section:
  (1) In Subpart A (General). § 264.4:
  (2) In Subpart B (General facility
standards), §5 264.11-264.18;
  (3) In Subpart C (Preparedness and
prevention). §§ 264.31-264.37;
  (4) In Subpart D (Contingency plan
and emergency procedures), §§ 264.51-
264.56;
  (5) In Subpart E (Manifest system.
recordkeeping, and reporting),
§S 264.71-264.77, except that §§ 264.71.
264.72. and 264.76 do not apply to
owners and operators of on-site
facilities that do not receive any
hazardous waste from off-site sources:
  (6) In Subpart F {Corrective Action).
§§264.90 and 264.101.
  (7) In Subpart G (Closure and post-
closure). §§ 264.111-264.115; and
  (B) In Subpart H (Financial
requirements), §§ 264.141.264.142.
264.143, and 264.147-264.151. except that
States and the Federal government are
exempt from the requirements of
Subpart H.

§ 266.34-2  Hazardous waste analysis.
  (a) The owner or operator must
provide an analysis of the
hazardous waste that quantifies the
concentration of any constituent
identified in Appendix VIII of Part 261 of
this chapter that may reasonably be
expected to be in the waste. Such
constituents must be identified and
quantified if present, at levels detectable
by analytical procedures prescribed by
EPA Publication SW-846 referenced in
§ 260.11 of this chapter. This analysis

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17036
Federal  Register / Vol. 52.  No. 87  /  Wednesday. May 6. 1967 / Proposed Rules
will be used to provide all information
required by this section and §§ 270.22
and 270.65 of this chapter and to enable
the permit writer to prescribe such
permit conditions as necessary to
protect human health and the
environment under authority of section
3005(c) of the Hazardous and Solid
Waste Amendment (HSWA). Such
analysis must be included as a portion
of the Part B permit application, or. for
facilities operating under the interim
status standards of § 266.35, as a portion
of the trial bum plan that may be
submitted before the Part B application
under provisions of §  270.65(d) of this
chapter as well as any other analysis
required by the permit authority in
preparing the permit. Owners and
operators of boilers and industrial
 furnaces not operating under the interim
 status standards of §  266.35 must
 provide the information required by
 §§ 270.22 or 270.65(c) of this chapter to
 the greatest extent possible.
   (b) Throughout normal operation, the
 owner or operator must conduct
 sufficient analyses to ensure that the
 hazardous waste fired to the boiler or
 industrial furnace is within the physical
 and  chemical composition  limits
 specified in his permit.

 §266.34-4  Standards to control
 emissions.

   A boiler or industrial furnace burning
 hazardous waste must be designed.
 constructed, and maintained so that.
 when operated in accordance with
 operating requirements specified under
  § 266.34-6. it will meet the following
  standards:
    (a) Organic emissions. A boiler or
  industrial furnace burning hazardous
  waste must meet the ORE performance
  standard of paragraph(a](l] of this
  subsection and the stack gas carbon
  monoxide standard of paragraph (a)(2)
  of this section, except as provided by
  paragraph(a)(3) of this section. A boiler
  operated under the special conditions
  provided by paragraph (a)(4) of this
  section is deemed to be in compliance
  with the ORE performance standard of
  paragraph (a)(l) of this section without
  conducting a trial burn.
    (1) ORE standard, (i) Except as
  provided in paragraph (a)(l)(iii) of this
  section, a boiler or industrial furnace
  burning hazardous waste must achieve a
  destruction and removal  efficiency
   (ORE) of 99.99% for each  principal
   organic hazardous constituent (POHC)
   designated (underparagraph (a)(l)(ii) of
                        this section) in its permit for each
                        hazardous equation:
                                ORE
                                               X100%
                        where
                        W,n=Mass feed rate of one principal organic
                            hazardous constituent (POHC) in the
                            hazardous waste Tired to the boiler or
                            industrial furnace, and
                        W,«=Mass emission rate of the same POHC
                            present in exhaust emissions prior to
                            release to the atmosphere.
                           (ii) Principal organic hazardous
                        constituents (POHCs) are designated as
                        follows:
                           (A) One or more POHCs will be
                         specified in the facility's permit, from
                        among those constituents listed in Part
                        261. Appendix VIII of this chapter, for
                        each hazardous waste to be burned.
                        This specification will be based on the
                         degree of difficulty of combustion of the
                         organic constituents in the hazardous
                         waste and on their concentration or
                         mass in the hazardous waste,
                         considering the results of hazardous
                         waste analyses and trial bums or
                         alternative data submitted with Part B of
                         the facility's permit application. Organic
                         constituents which represent the
                         greatest degree of difficulty of
                         combustion will be those most likely to
                         be designated as POHCs. Constituents
                         are more likely to be designated as
                         POHCs if they are present in large
                         quantities or concentrations in the
                         waste.
                           (B) Trial POHCs will be designated for
                         performance of trial bums in accordance
                         with the procedure specified in § 270.65
                         of this chapter for obtaining trial burn
                         permits.
                            (iii) A boiler or industrial furnace
                       ' burning hazardous waste containing (or
                         derived from) EPA hazardous wastes
                         F020. F021. F022. F023. F026. or F027
                         must achieve a destruction and removal
                          efficiency (DRE) of 99.9999% for each
                          principal organic hazardous constituent
                          (POHC) designated (under paragraph
                          (a)(l)(ii) of this section) in its permit.
                          This performance must be demonstrated
                          on POHCs that are more difficult to bum
                          than tetra-. penta-. and
                          hexachlorodibenzo-p-dioxins  and
                          dibenzofurans, DRE is determined for
                          each POHC from the equation in
                          paragraph (a)(l) of this section. In
                          addition, the owner or operator of the
                          boiler or industrial furnace must notify
                           the Regional Administrator of his intent
                           to bum EPA Hazardous Waste Nos.
                           F020. F021, F022. F023. F026. or F027.
                             (2) Carbon monoxide standard, (i) A
                           boiler or industrial furnace burning
                           hazardous waste must be operated so
that carbon monoxide (CO) levels in the
stack gas do not exceed the time-
weighted average limits provided below.
If a limit is exceeded, the hazardous
waste feed must be shutoff within the
time specified:
CO ma (7 pnoent Oil
100 ppm average ever any 60
nwuitfi pttnod.
500 ppm average over any 10
minute p0nod
M eneeded. tfmtoH
hazardous waste lead-
WWvn lOmmutes
invnootBlBly
 When the stack gas oxygen content
 differs from 7 percent measured CO
 levels must be corrected to those levels
 that would result if the stack gas oxygen
 content were 7 percent.
   (ii) Hazardous waste burning may not
 resume until the device has resumed
 steady-state (normal) operations as
 evidenced by maintaining a time-
 weighted average carbon monoxide
 (CO) level not to exceed 100 ppm for an
 averaging period of not less than 10
 minutes nor more than 60 minutes.
   (iii) If the CO limits provided by
 paragraph (a)(2)(i) of this section are
 exceeded an aggregate of 10 times in a
 calendar month, the  owner or operator
   (A) Must cease burning hazardous
 waste:
   (B) Must notify the Regional
 Administrator in writing within 5
 calendar days: and
   (C) May not resume burning
  hazardous waste unless and until
  written authorization is received from
  the Regional Administrator.
    (iv) Carbon monoxide and oxygen
  levels in the stack gas must be
  monitored in accordance with § 266.34-

    (v) The boiler or industrial furnace
  must be operated with a functioning
  system that automatically cuts off the
  hazardous waste feed when the 500
  ppm. 10 minute tune-weighted average
  CO limit is exceeded.
    (3) Provision for low risk waste. The
  DRE and CO standards of paragraphs
  (a)(l) and (a)(2) of this section do not
  apply if the boiler or industrial furnace
  is operated in conformance with
  paragraph (a)(3)(i) of this section, and
  the owner or operator demonstrates by
  emissions modeling in conformance with
  paragraph (a)(3)(ii)  of this section that
  the burning will not result in significant
  adverse health effects.
     (i) The device is operated as follows:
     (A) A minimum of 50 percent of the
   fuel fired to the device is one or more of
   the fossil fuels: oil.  natural gas, or coal.
   or fuels derived from those fossil fuels.
   The fossil fuel firing rate must be
   determined on a total heat or volume

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                Federal Register / Vol. 52.  No. 87 / Wednesday. May  6. 1987  / Proposed Rules
                                                                                   17037
 input basis, whichever results in the
 smaller volume of fossil fuel Tired:
   (B) The hazardous waste has an as-
 fired heating value of at least 8.000 Btu/
 Ib; and
   (C) The hazardous waste is fired
 directly into the flame zone of the
 combustion chamber.
   (ii) The burning will be considered to
 result in insignificant adverse health
 effects if the owner or operator conducts
 the following demonstrations in
 conformance with the procedures
 prescribed in "Guidelines for Permit
 Writers: Permitting Hazardous Waste
 Combustion Facilities Using Risk
 Assessment" (incorporated by
 reference, see § 260.11 of this chapter).
 This document is herein referred to as
 the Risk Assessment Guideline (RAG).
   (A) Identify and quantify those
 organic constituents listed in Appendix
 VIII of 40 CFR Part 261 that could
 reasonably be expected to be in the
               hazardous waste. To be eligible for the
               waiver, every Appendix VIII organic
               constituent identified in the waste must
               be listed in the RAG where a reference
               air concentration (RAC) for
               noncarcmogemc compounds or a risk
               specific dose (RSO) carcinogenic
               compound is provided. (The owner or
               operator may petition the Administrator
               under provisions provided by § 260.20 of
               this chapter to list other hazardous
               constituents in the RAG or to revise
               RACs or RSDs for compounds listed in
               the RAG. Such petitions must include
               supporting health effects data.)
                 (B) Calculate reasonable, worst-case
               emission rates for each constituent
               identified in paragraph (a)(3)(ii)(A) of
               this section by assuming the device
               achieves a 99 percent destruction and
               removal efficiency:
                 (C) Calculate reasonable, worst case
               emission rates of products of incomplete
               combustion (PICsj for each constituent
identified in paragraph (a)(3)(ii)(A) of
this section under procedures prescribed
in the RAG.
  (D) For noncarcmogemc constituents.
use emissions modeling in conforraance
with § 270.22 of this chapter to
demonstrate that emissions do not result
in an exceedance of the reference air
concentrations (RACs) established by
the RAG.
  (E) For carcinogenic constituents, use
emission modeling in conformance with
§ 270.22 of this chapter and the risk-
specific doses identified in the RAG to
demonstrate that emissions of the
carcinogenic constituents and emissions
of PICs estimated in conformance with
paragraphs (a)(3)(ii) (B) and (C) of this
section do not result in maximum off-
site annual average ground level
concentrations that would pose an
aggregate risk to an exposed individual
of greater than 1 X10~k (1 in 100.000)
using the following equation:
             where:

              N
means  the  sum  of  all  values for all  carcinogenic constituents,
from the first constituent, 1,  to  the  Nth  constituent,  N.
             RSDC1

             C
means  predicted maximum annual  average  ground level
concentration  of  constituent,  i, in ug/fn3.

means  risk-specific dose  at 10'5 risk for  constituent,  i,  in
ug/nr .
means  predicted maximum annual  average  ground level
concentration  of  PICs,  in  ug/m3.

means  risk-specific dose at 10'5 risk for  PICs,  in ug/m3.
  (4) Boilers operated under specie/
operating requirements in lieu of a trial
burn. Boilers operated under the
following special operating
requirements,  and that do not bum
hazardous waste containing (or derived
from] EPA Hazardous Waste Nos. F020,
F021, F022. F023. F026. or F027. are
considered to  be in conformance with
the organic emissions performance
standard of § 266.34-4(a). and a trial
burn to demonstrate ORE is waived.
When burning hazardous waste:
                 (i) A minimum of 50% of the fuel fired
               to the boiler is any of the following
               fossil fuels: oil. natural gas, or coal, or
               fuels derived from those fossil fuels. The
               fossil fuel firing rate must be determined
               on a total heat or volume input basis.
               whichever results in the smaller volume
               of fossil fuel fired;
                 (ii) Boiler load is equal to or greater
               than 25%. Boiler load is the ratio at any
               time of the total heat input to the
               maximum design heat input:
  (iii) The hazardous waste has an as-
fired heating value of at least 8.000 Btu/
Ib; and
  (iv) The hazardous waste is fired
directly into the flame zone of the
combustion chamber with an air or
steam atomization firing system, a
mechanical atomization system,  or a
rotary cup atomization system under the
following restrictions on the as-fired
viscosity and maximum particle  size of
the hazardous waste:

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17038
Federal  Register / Vol. 52. No. 87 / Wednesday. May 6. 1987 /  Proposed Rules

AtomaaKm systftm

High pressure an of
steam aiormzawxi
Low pressure air or
steam •tomuation
Icttpsq)
Meehameal
aiomaatnn
Rotary cup
atormation.

Haurdous waste
viscosity iimiu

150 10 5,000 SSU

200 to 1.500 SSU . .

c 150 SSU.

175 10 300 SSU. .

Hanntous
waste
maKimum
particle SIM
(mesn)
200

200

200

100

  SSU Seconds. SayMl Universal

  {A) Mechanical atomization systems.
Fuel pressure within a mechanical
alomization system and fuel flow rate
must be maintained within the design
range taking into account the viscosity
and volatility of the fuel.
  (B) Rotary cup atomization systems.
Fuel flow rate through a rotary cup
atomization system must be maintained
within the design range taking into
account the viscosity and volatility of
the fuel.
  (v) Stack gas carbon monoxide levels
do not exceed the standard provided by
! 266.34-4(a)(2).                 |
  (b) Metals. The owner or operator
must comply with the metals controls
provided by paragraphs (b){l), (b)(2).
                        (b)(3). or (b)(4) of this section. Standards
                        are provided in each of those
                        paragraphs according to the type and
                        location of the device. Devices located
                        where any part of the surrounding
                        terrain within 20 kilometers of the stack
                        equals or exceeds the elevation of the
                        stack are considered to be in complex
                        terrain and the complex terrain
                        standards apply. For the purpose of this
                        determination, the stack may not exceed
                        good engineering practice as specified in
                        40 CFR Part 51. All other devices are
                        considered to be in flat terrain and flat
                        terrain standards apply. The standards
                        apply to a single site and are not to be
                        exceeded at any time. If there is more
                        than one device  on a site, the limits for
                        the largest device must be apportioned
                        among the devices based on the thermal
                        capacity of the devices at the site. The
                        following definitions apply:
                          (As) Means level of total  arsenic in
                        pounds/million Btu;
                          (Cd) Means level of total  cadmium in
                        pounds/million Btu;
                          (Cr+6)  Means level of hexavalent
                        chromium in pounds/million Btu: and
                       !   (Pb) Means level of lead in pounds/
                        million Btu
                          (1) Tier I. The  hazardous  waste must
                        not contain arsenic, cadmium.
chromium, and lead at levels greater
than allowed by paragraphs (b)(3) (i) or
(ii] of this section. The concentration
limits are based on the heating value of
the hazardous waste in terms of pounds
of metal per million Btu of waste heating
value (Ib/MM Blu). The limits apply to
the hazardous waste directly or as-fired
after any blending with other waste or
fuel. Hazardous waste exceeding any
specification level is "off-specification".
For purposes of compliance with this
paragraph with  respect to chromium.
total chromium levels rather than
hexavalent chromium levels must be
considered in applying the limits
provided by paragraphs (b)[3) (i) and (ii)
of this section; or
  (2) Tier 11. The feed rate of arsenic.
cadmium, chromium, and lead to the
device considering the metals contained
in the hazardous waste, other fuels, and
industrial furnace feedstocks shall not
exceed limits resulting from applying the
limits provided by paragraphs (b)(3) (i)
or (ii) of this section as follows:
  (i) For each metal, use the following
equation to determine the feed rate of
the metal to the device in terms of lb/
MM Btu of total heat input:

-------


Where:
MFR
Mw
Rw
N
N
Mw x Rw + \ Mpi x Rp. +
MFR i:=1 i
nr r\ -
HT

means the individual metal feed rate
total heat input to the device.
means individual metal concentration
means the hazardous waste feed rate
means the sum of all 1/ainoc fm~ tho /
, .-.— j v, ^w*n t m IvpuacU IXU1C3 1/IM9
N
} MFSj x RFSj
= 1 '6
x 10

in pounds/million Btu of
in the hazardous waste in ppm.
in pounds/hour.
•\thov* f i irt 1 *» /M^U^.* ^ U . _
   2      hazardous  waste) from, i=l, to the  Nth  fuel.
  i = l


 Mr •
          means  the  concentration of metal in the  other  fuel,  Fi,  in ppm.


 RFJ      means  the  feed  rate  for the other fuel,  Fi, in pounds/hour.


  N      means,  for industrial  furnaces,  the sum  of all  the values for all
  z      feedstocks from the  first,  j-l,  to  the Nth feedstock.
 j=l


 MFSj    means  the  concentration of  metal  in the  feedstock, FSj,  in ppm.


 RFSj    means  the  quantity  of  feedstock,  FSj,  charged  to  the  industrial
         furnace  in  pounds/hour.


 HT      means  the  total  heat input  to  the device in million Btu/hour.

ant|.                            chromium, the total chromium feed rate  each of the following metals must not
  (ii) Use the feed rates determined by   determined by this paragraph is to be    exceed the limits specified below. The
paragraph (b)(2)(i) of this section in lieu  considered in lieu of hexavalent        limits are based on the instantaneous
of metals emission rates to show that    chromium when applying the limits      total heat input to the device.
the limits provided by paragraphs (h)(3)  provided by paragraphs (bj(3) (i) and      (i) Flat terrain standards:
 i and ii of this section are not        fiil.                              r/ii/-,     , 0 i*
exceeded. For purposes of compliance    I'                             f^S^S^X^SSZ. blast
with this paragraph with respect to        (3) Tier III. Stack emission rates of    furnaces, and halogen acid furnaces:

-------
       (As)      +     (Cd)     +
   1.0  x  10
             •4    2.5  x  10'4    3.7 x  10
                                              -5
(Pb) shall not exceed 4.1X10''pounds/     (B) Category 2: Light-weight aggregate
million Btu.                         kilns, lime kilns, and boilers.


        (As)      t     (Cd)     + JCr+6)__  <  1>0


     3.9  x 10'4    9.8 x 10"4    1.4  x  10"4
    shall not exceed 1.8 X10" pounds/     (C) Category 3: Cement kilns, wet and
                                  dry:
(Pb)
million Btu.
        (As)_^ +     (Cd)      ^ _(Cr+6)__   <10

     1.7 x 10"3    4.3 x  10"3   6.3  x 10"4
 ffiohnB1trtexceed6'7xl°"2polind8/
      (As)     A     (Cd)     «.
                                '
                             -5
   1.3  x 10'b    3.3 x  10'3    4.9  x 10
  (Pb) shall not exceed 5.3X10' 'pounds/     (B) Category 2: Sulfur recovery
  million Btu.                         furnaces:
                 ^      (Cd)      t
                                                       10
            ^

    3.9  x 10'5    9.9 x 10'5    1.4  x  10"4
      shall not exceed 1.8Xlfl-s pounds/   kilns, lime kilns, and halogen acid
  (Pb)
  million Btu.           .
    (C) Category 3: Asphatic concrete
  kilns, boilers, light-weight aggregate
                                    furnaces:

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                 Federal Register / Vol. 52. No. 87 / Wednesday. May 6. 1987 /  Proposed Rules
                 ™                  ^—.		
       (As)
                         (Cd)
(Cr+6)
  5.9  x  10"5     1.6  x  10'4     2.2  x  10~4
                                                          <  1.0
        I not exceed 2.4 x 10''
million Btu.
                                          (D) Category 4: Ccmen. kilns, wet and
                                        dry processes:
      (As)
                        (Cd)
(Cr+6)
 1.2  x  10'4     3.0 x  10'4     4.5  x  10'4
                                                          <  1.0
 (Pb) shall not exceed 4.7x10"'pounds/
 million Btu.

 .or

  (4) Tier IV. For arsenic, cadmium, and
 chromium, the sum of the products of the
 predicted maximum off-site annual
 average ground level  concentration
 times the unit risk for each metal shall
 not exceed 1.0. Unit risk values are
 provided in the RAG. For lead, the
 predicted maximum quarterly average
ground level concentration shall not
exceed 0.15 fig/ma. Conformance with
this standard is demonstrated by
dispersion modeling of stack emissions
in conformance with § 270.22(d) of this
                                      chapter. All boilers and furnaces not
                                      specifically identified in paragraphs
                                      (b)(l), (b)(2), or (b)(3) of this section
                                      must comply with the requirements of
                                      this paragraph.

                                        (c) Hydrogen chloride (HCl). The
                                      owner or operator must comply with the
                                      hydrogen chloride (HCl) controls
                                      provided by paragraphs (c)(l). (c)(2).
                                      (c)(3). or (c)(4) of this section. Standards
                                      are provided in each of those
                                      paragraphs according to the type and
                                      location of the device. Devices located
                                      where any part of the surrounding

                                       (1) Tier I. The hazardous waste must
                                      not contain chlorine at levels greater
                                                                                                           17041
 terrain within 20 kilometers of the stack
 equals or exceeds the elevation of the
 stack are considered to be in complex
 terrain and the complex terrain
 standards apply. For the purpose of this
 determination, the stack may not exceed
 good engineering practice as specified in
 40 CFR Part 51. All other devices are
 considered to be in flat terrain and flat
 terrain standards apply. The standards
 apply to a single site and are not to be
 exceeded at any time. If there is more
 than one device on a site, the limits for
 the largest device must be apportioned
 among  the devices based on the thermal
 capacity of the devices at the site.
 than allowed by paragraph (c)(3) (i) or
 (ii) of this subsection. The concentration
 limits are based on the heating value of
 the hazardous waste in terms of pounds
 of chlorine per million Btu of waste
 heating value (lb/MM Btu). The limits
 apply to the hazardous waste directly or
 as-fired after any blending with other
 waste or fuel. Hazardous waste
 exceeding the specification level  is "off-
 specification".
  (2) Tier II. The feed rate of chlorine to
 the device considering the chlorine
 contained in the hazardous waste, other
 fuels, and industrial furnace feedstock
 shall not exceed limits provided by
 paragraphs (c)(3) (i) and (ii) of this
 section as follows:
  (i) Use the following equation to
determine the feed rate of chlorine to
the device in terms of lb/MM Btu of
total heat input:

-------
                Cw x Rw + S   CFi  x Rfi +  2  CFSj x *FSj
         CFR
                                                                   x 10
Where:

CFR


Cw

Rw

 N
 Z
1-1
  N
  £
       means total chlorine  feed rate in pounds/MM  Btu of total heat
       input to the device.

       means chlorine concentration in the hazardous waste in ppm.

       means the hazardous waste feed rate in pounds/hour.

       means the sum of  all  values for the other fuels (other than
       hazardous waste)  from, 1-1, to the Nth fuel.


       means the chlorine concentration  in the  other fuel, Fi,  in ppm.

       means the  feed  rate of the other  fuel, Fi. in pounds/hour.

       means,  for  industrial furnaces, the  sum  of all of  the values for
       all  feedstocks  from the  first, j-1,  to the Nth feedstock.
CFSi   means  the  chlorine concentration in feedstock, FS1,  in ppm.

RFSi   means  the  quantity of  feedstock, FSi, charged to  the Industrial
       furnace in pounds/hour.
 HT
       means  the total heat  input  to the device in million Btu/hr.
 and
  (ii) Use the feed rates determined by
 paragraph (c)(2)(i) of this section in lieu
 of the chlorine emission rates to show
 that the limits provided by paragraphs
 (c)(3) (i) or (ii) of this section are not
 exceeded.
 ; or
   (3) Tier III. The slack emission rate of
 HC1 must not exceed the limits specified
 below. The limits are based on the
 instantaneous total heat input to the
 device.
   (i) Flat terrain standards:
   (A) Category 1: Sulfur recovery
 furnaces and halogen acid furnaces: 0.18
 Ib/milhon BTU.
    (B) Category 2: Blast furnaces and
 asphaltic concrete kilns: 0.32 Ib/million
 BTU.
    (C) Category 3: Light-weight aggregate
 kilns, boilers, and lime kilns: 0.70 lb/
 million BTU.
                                          (D) Category 4: Cement kilns, wet and
                                        dry: 1.8/million BTU.
                                          (ii) Complex terrain standards:
                                          (A) Category 1: Blast furnaces:
                                        2.5 X 10~* Ib/million BTU.
                                          (B) Category 2: Sulfur recovery
                                        furnaces: 4.1X10'* Ib/million BTU.
                                          (C) Category 3: Asphaltic concrete
                                        kilns, light-weight aggregate kilns.
                                        boilers, halogen acid furnaces, and lime
                                        kilns: 7.3X10'* Ib/million BTU.
                                           (D) Category 4: Cement kilns, wet and
                                        dry processes: 0.21 Ib/million BTU.
                                           (4) Tier IV. The predicted maximum
                                         off-site annual average and maximum
                                         off-site 3-minute ground level
                                         concentrations of HC1 attributable to
                                         stack emissions from the boiler or
                                         industrial furnace must not exceed 15
                                         Hg/m8 and 150 ug/m3. respectively.
                                         Conformance with this standard is
                                         demonstrated by dispersion modeling of
                                         stack emission in conformance with
                                         § 270.22(e) of this chapter. All boilers
                                         and industrial furnaces not specifically
identified in paragraphs (c)(l). (c)(2). or
(c)(3) of this section must comply with
the requirements of this paragraph.
  (d) For purposes of permit
enforcement, compliance with the
operating requirements specified in the
permit (under § 266.34-6) will be
regarded as compliance with this
subsection. However, evidence that
compliance with those permit conditions
is insufficient to ensure compliance with
the requirements of this subsection may
be "information" justifying modification,
revocation, or reinsurance of a permit
under 5 270.41 of this chapter.

§266.34-5  Permits.
   (a) The owner or operator of a boiler
 or industrial furnace may burn only
 hazardous wastes specified in his permit
 and only under the operating conditions
 specified for those hazardous wastes
 under § 266.34.6. except in approved
 trial burns under the conditions
 specified in § 270.65 of this chapter.
   (b) Other hazardous wastes may be
 burned only under a new permit or
 permit modification, as applicable, that
 specifies the operating requirements as
 provided by 5 266.34 6.
    (c) Boilers and industrial furnaces
 operating under the interim status
 standards of 5 266.35 are permitted
 under procedures provided by § 270.65
  of this chapter.
    (d) A permit for new boilers and
  industrial furnaces (those boilers and
  industrial furnaces not operating under
  the interim status standards of § 266.35)
  must establish appropriate conditions
  for each of the applicable requirements
  of this subsection, including but not
  limited to allowable hazardous waste
  firing rates and operating conditions
  necessary to meet the requirements of
   § 266.34-6. sufficient to comply with the
   following standards:
    (1) Boilers that will be permitted
   without conducting a trial burn because
   they operate under the special operating
   conditions provided by § 266.34-4(a)(4)
   (that ensure compliance with the organic
   emissions standard), and burn
   hazardous waste containing metals and
   chlorine at concentrations in
   conformance with the limits provided by
   §§ 266.34-4(b) (1) or (2) and  266.34-4(c)
   (1) or (2) (that ensure compliance with
   the metals and hydrogen chloride
   standards) are subject to the following
   permits and are said to be operating
   under Special Operating Requirements:

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                  Federal Register  /  Vol. 52.  No. 87 /  Wednesday. May  6. 1987  /  Proposed Rules
                                                                        17043
  .  J'.l f ?r the Period beginning with
  initial introduction of hazardous waste
  to the boiler and for the minimum time
  required, not to exceed a duration of 720
  hours operating time when burning
  hazardous waste, to bring the boiler to a
  point of operational readiness, the boiler
  must be operated in conformance with
  the Standard Operating Requirements.
  The Regional Administrator may extend
  the duration of this period once for up to
  720 additional hours when good cause
  for the extension is demonstrated by the
  aplicant.
    (ii) For the period immediately after
  completion of the first period of
  operation and only  for the minimum
  penod sufficient to allow sample
  analysis, data computation, and
  submission of the results by the
  applicant demonstrating conformance
  with the Special Operating
  Requirements, the boiler is subject to the
  Special Operating Requirements.
    (iii) For the remaining duration of the
  permit, the boiler is subject to the
  Special Operating Requirements. If the
  hazardous waste is off-specification for
  metals or chlorine, the Regional
  Administrator will specify limitations,
  as appropriate, on the metals and
  chlorine content, heating value, and feed
  rates of the hazardous waste, and other
  fuels necessary to ensure compliance
  with §§ 266.34-4(b)(2J or 266.34(c)(2).
   (2) For boiler and industrial furnaces
  that will be permitted without
 conducting a trial bum under the
 provision for low risk provided by
  § 286.34-4(a)(3) and which burn
 hazardous waste containing metals and
 chlorine at concentrations in
 conformance with the limits provided by
 §§ 266.34~4(b) (1) or (2) and 266.34-4(c)
 (1) or (2). the permit must:
  (i) Incorporate the special operating
 requirements provided by § 266.34-
 4(a)(3i(i): and
  (ii) Specify feed rate limits (Ib/hr) for
 each Appendix VIII organic constituent
 in the hazardous waste consistent with
 the requirements of § 266.34-4(a)(3)(ii).
  (3) For boilers and industrial furnaces
 that will be permitted based on a trial
 burn:
  (i) For the period beginning with
 initial introduction of hazardous waste
 and ending with initiation of the trial
 burn, and only for the minimum time
 required to bring the device to a point of
 operational readiness to conduct a trial
 burn, not to exceed a duration of 720
 hours operating time  when burning
 hazardous waste the  operating
 requirements must be those most likely
 to ensure compliance with the standards
 of § 266.34-4, based on the Regional
Administrator's engineering judgment.
The Regional Administrator may extend
  the duration of this period for up to 720
  additional hours when good cause for
  the extension is demonstrated by the
  applicant.
    (ii) For the duration of the trial bum.
  the operating requirements must be
  sufficient to demonstrate compliance
  with the standards of § 266.34-4 and
  must be in accordance with the
  approved trial burn plan:
    (iii) For the period immediately
  following completion of the trial burn.
  and only for the minimum period
  sufficient to allow sample analysis, data
  computation, and submission of the trial
  bum results by the applicant, and
  review of the trial burn results and
  modification of the facility permit by the
  Regional Administrator to reflect the
  trial bum results, the operating
  requirements must be those most likely
  to ensure compliance with the standards
  of § 266.34-4, based on the Regional
  Administrator's engineering judgment.
   (iv) For the remaining duration of the
  permit, the operating requirements must
  be those demonstrated in a trial burn or
  by alternative data specified in 8 270.22
 of this chapter, as sufficient to ensure
 compliance with the standards of
  §266.34-4.
 §266.34-6  Operating requh
   (a) General. A boiler or industrial
 furnace burning hazardous waste must
 be operated in accordance with the
 operating requirements specified in the
 permit.
   (b) Specific requirements to ensure
 compliance with the organic emissions
 standards—(I) Carbon monoxide
 standard. The permit must incorporate
 the stack gas carbon monoxide (CO)
 standard provided by S 266.34-4(a)(2).
   (2) ORE standard. Operating
 conditions will be specified on a case-
 by-case basis for each hazardous waste
 burned as those  demonstrated (in a trial
 bum or by alternative data as specified
 in § 270.22) to be sufficient to comply
 with the destruction and removal
 efficiency (ORE) performance standard
 of 8 266.34-4(a)(l). except as provided
 by paragraph (b)(4) of this subsection.
 Each set of operating requirements will
 specify the composition of the
 hazardous waste (including acceptable
 variations in the physical or chemical
 properties of the hazardous waste which
 will not affect compliance with the ORE
performance standard) to which the
operating requirements apply. For each
such hazardous waste, the permit will
specify acceptable operating limits
including the following conditions as
appropriate:
  (i) Hazardous waste feed rate:
    (ii) Type and feed rate of other fuels
  with which the hazardous waste is
  cofired:
    (iii) Type and feed rate of industrial
  furnace feedstocks when hazardous
  waste is burned:
    (iv) Minimum boiler load or industrial
  furnace production rate;
    (v) Appropriate controls on operation
  and maintenance of the hazardous
  waste firing system:
    (vi) Allowable variation in boiler and
  industrial furnace system design or
  operating procedures: and
    (vii) Such other operating
  requirements as are necessary to ensure
  that the DRE performance standard of
  § 266.34-4(a)(l) is met.
    (3) Start-up and shut-down.
    (i) A boiler or industrial furnace may
  not bum hazardous  waste during start-
  up. Hazardous waste may be bumed
  after the device has  reached steady-
  state (normal) operations as evidenced
  by maintaining a time-weighted average
  carbon monoxide (CO)  level in the flue
 gas not to exceed 100 ppm for an
 averaging period of not less than 10
 minutes nor more than 60 minutes.
   (ii) A boiler or industrial furnace may
 not burn hazardous waste during shut-
 down.
   (4) For boilers that will be permitted
 without conducting a trial burn because
 they operate under the special operating
 requirements provided by S 266.34-
 4(a)(4) (that ensure compliance with the
 organic emission standard) and bum
 hazardous waste containing metals and
 chlorine at concentrations in
 conformance with the limits provided by
 §5 266.34-4(b) (1). (2). or (3) and 266.34-
 4(c) (1), (2), or (3), the permit must
 include operating requirements that
 ensure conformance  with each special
 operating requirement provided by
 § 266.34-4(a)(4) and the  metals and
 chlorine limits of §§ 266.34-4(b) (1) or (2)
 and266.34-4(c)(l]or(2).
  (5) For boilers and industrial furnaces
 that will be permitted without
 conducting a trial bum under the
 provision for low risk waste provided by
 i 268.34-4(a)(3) and which burn
 hazardous waste containing metals and
 chlorine at concentrations in
 conformance with the limits provided by
 §§ 266.34-4(b) (1) or (2) and 266.34-4(c)
 (1) or (2), the permit must include
 operating requirements that ensure
 conformance with each special
 condition  provided by §  266.34-4(a)(3](i)
 and the metals and chlorine limits of
 §§ 268.34-4{b) (1) or (2) and 266.34-4(c)
 (1) or (2).
  (c) Specific operating requirements to
ensure conformance with the metals
standards provided by § 26&34-f(b). (1)

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17044
Federal Register / Vol. 52. No. 87  /  Wednesday. May 6. 1987 / Proposed Rules
For conformance with the Tier I metals
specification standard provided by
§ 266.34-4(b)(l). the permit will specify
the following operating requirements:
  (i) Hazardous waste feed rate;
  (n) Metals levels in the hazardous
waste: and
  (iii) A hazardous waste sampling and
metals analysis program.
  (2) For conformance with the Tier II
metals feed rate standard provided by
§ 266.34-4(b)(2), the permit will specify
the following operating requirements:
  (i) Hazardous waste feed rate;
  (n) Type and feed rate of other fuels
and industrial furnace feedstocks with
which the hazardous waste is burned:
  (iii) Levels of metals in the hazardous
waste, other fuels, and industrial
furnace feedstocks: and
  (iv) A sampling and metals analysis
program for the hazardous waste, other
fuels, and industrial furnace feedstocks.
  (3) For conformance with the Tier III
metals emission rates provided by
 S 266.34-4(b)(3), and the Tier IV metals
ground level concentrations provided by
 § 266.34-4(b)(4). the permit will specify
 the following operating requirements:
   (i) The requirements provided by
 paragraphs (c)(2)(iH'vj of this section:
   (ii) Operation and maintenance of
 emissions control equipment sufficient
 to  maintain removal efficiencies
 achieved during the trial burn: and
   (iii) Such other operating requirements
 as are necessary to ensure that the
 metals standard is met.
   (d) Specific operating requirements to
 ensure conformance with the hydrogen
 chloride standards provided by
 §266.34-4(0). (1) For conformance  with
 the Tier I chlorine specification standard
 provided by 8 268.34.4(c)(l). the  permit
 will specify the following requirements:
    (i) Hazardous waste feed rate;
    (ii) Total chlorine level in the
 hazardous waste; and
    (iii) A hazardous waste sampling and
 chlorine analysis program.
    (2) For conformance with the Tier II
 chlorine feed rate standard provided by
  S  266.34-4(c)(2), the permit will specify
  the following operating requirements:
    (i) Hazardous waste feed rate;
    (ii) Type and feed rate of other fuels
  and industrial furnace feedstocks with
  which the hazardous waste is burned;
    (iii) Levels of chlorine in the
  hazardous waste, other fuels, and
  industrial furnace feedstocks; and
    (iv) A sampling and chlorine analysis
  program for the hazardous waste, other
  fuels, and industrial furnace feedstocks.
    (3) For conformance with the Tier III
  hydrogen chloride (HC1) emissions rates
  provided by S 286.34-4(b)(3). and the
  Tier IV HCI ground level concentrations
  provided by S 266.34-4(c)(4). the permit
                        will specify the following operating
                        requirements:
                          (i) The requirements provided by
                        paragraphs (d)(2)(i)-{iv) of this section;
                          (ii) Operation and maintenance of
                        emissions control equipment sufficient
                        to maintain removal efficiencies
                        achieved during the trial burn: and
                          (iii) Such other operating requirements
                        as are necessary to ensure that the HCI
                        standards are met: and
                          (e) General requirements—(I) Fugitive
                        emissions. Fugitive emissions from the
                        combustion zone when burning
                        hazardous waste must be controlled by:
                          (i) Keeping the combustion zone
                        totally sealed against fugitive emissions;
                          (ii) Maintaining a combustion zone
                        pressure lower than atmospheric
                        pressure; or
                          (iii) An alternate means of control
                        demonstrated (with Part B of the permit
                        application) to  provide fugitive
                        emissions control equivalent to
                        maintenance of combustion zone
                        pressure lower than atmospheric
                        pressure.
                          (2) Automatic cutoff. A boiler or
                        industrial furnace must be operated with
                        a functioning system that automatically
                        cuts off the hazardous waste feed when
                        operating conditions deviate from those
                        established under this subsection.
                           (3) Changes. A boiler or industrial
                         furnace must cease burning hazardous
                         waste when changes  in composition,
                         properties, or feed rates of the
                         hazardous waste, other fuels, or
                         industrial furnace feedstocks, or
                         changes in the boiler or industrial
                         furnace design or operating conditions
                         exceed the limits designated in its
                         permit
                         §266.34-7 Monitoring and Inspections.
                            (a) The owner or operator must
                         monitor and record the following, as a
                         minimum, while burning hazardous
                         waste:
                            (1) Hazardous waste feed rate, and. if
                         required by the permit, the feed rate of
                         other fuels and industrial furnace
                          feedstocks.
                            (2) Carbon monoxide (CO) and
                          oxygen on a continuous basis at a
                          common point in the boiler or industrial
                          furnace downstream of the combustion
                          zone and prior to release of stack gases
                          to the atmosphere. CO and oxygen
                          monitors must be installed, operated.
                          and maintained in accordance with
                          Guideline for Continuous Monitoring of
                          Carbon Monoxide at Hazardous Waste
                          Incinerators. Appendix D. PES. January
                          1987.
                            (3) Upon the request of the Regional
                          Administrator, sampling and analysis of
                          the hazardous waste (and other fuels
                          and industrial furnace feedstocks as
appropriate) and exhaust emissions
must be conducted to verify that the
operating requirements established in
the permit achieve the standards of
§ 266.34-4.
  (b) The boiler or industrial furnace
and associated equipment (pumps.
valves, pipes, fuel storage tanks when
they contain hazardous waste, etc.) must
be subjected to thorough visual
inspection, at least daily when
hazardous waste is burned, for leaks,
spills, fugitive emissions, and signs of
tampering.
  (c) The  emergency hazardous waste
feed cutoff system and associated
alarms must be tested at least weekly
when hazardous waste is burned to
verify operability. unless the applicant
demonstrates to the Regional
Administrator that weekly  inspections
will unduly restrict or upset operations
and that less frequent inspections will
 be adequate. At a minimum, operational
 testing-must be conducted at least
 monthly.
   (d) These monitoring and inspection
 data must be recorded and the records
 must be placed  in the operating log1
 required  by § 264.73 of this chapter.

 §266.34-8  Closure.
   At closure, the owner or operator
 must remove all hazardous waste and
 hazardous waste residues  (including.
 but not limited  to. ash.  scrubber waters,
 and scrubber sludges) from the boiler or
 industrial furnace site.

 S 266.35  Interim status standards for
 owners and operators of facilities that bum
 hazardous waste hi a boiler or Industrial
 furnace.

  §266.35-1  Applicability.
   (a) General. The purpose of this
  section is to establish minimum national
  standards for owners and operators of
  facilities that bum hazardous waste in
  boilers or industrial furnaces where
  such standards define the acceptable
  management of hazardous waste during
  the period of interim status and until
  certification of final closure. The'
  standards of this section apply to
  owners  and operators of facilities that
  are in existence  on the effective date of
  this section until either a  permit is
  issued under S 268.34 or until the closure
  responsibilities identified in this section
  are fulfilled.
    Note.—A boiler or industrial furnace is "in
  existence" if it was burning hazardous waste
  or was under construction that would enable
   it to burn hazardous waste on or before the
   effective date of S 266.35. A  facility has
   commenced construction if it meets the
   conditions provided by paragraphs (1) and (2)
   of the definition of "Existing hazardous waste

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                 Federal Register / Vol. 52. No. 87 / Wednesday. May 6.  1987 / Proposed. Rules
                                                                       17045
  management (HWM) facility" in § 26010 of
  this chapter. If the boiler or industrial furnace
  is located at a facility that already has a
  permit or interim status, then the facility must
  comply with the applicable regulations
  dealing with modifications in §§ 27041 and
  42 of this chapter.

   (b) Exemptions. The requirements of
  this section do not apply to:
   (1)  Hazardous waste exempt under
  § 266.30(b): and
   (2) Small quantity on-site burners
  Owners and operators of facilities that
  burn hazardous waste that they
  generate in an on-site boiler and
  industrial furnace are exempt from the
  requirements of this section provided
  that they meet the requirements of
  § 266.34-l(b).
   (c) Prohibition on burning dioxm-
 containing wastes. Hazardous waste
 containing or derived from any of the
 following dioxin-containmg waste may
 not be burned in a boiler or industrial
 furnace operating under the interim
 status standards of this section: EPA
 Hazardous Waste Nos. F020, F021, F022.
 F023, F026. and F027.
   (d) Applicability of Part 265
 standards. Owners and operators of
 boilers and industrial furnaces that bum
 hazardous waste are subject to the
 following provisions of Part 265 of this
 chapter, except as provided otherwise
 by this subsection:
   (1) In Subpart A (General). § 265.4-
   (2) In Subpart B (General  facility
 standards). §§ 265.11-265.17;
   (3) In Subpart C (Preparedness  and
 prevention), §§265.31-265.37;
   (4) In Subpart D (Contingency plan
 and emergency procedures). §§ 265.51-
 265.56;
  (5) In Subpart E (Manifest system.
 recordkeeping. and reporting).
 §§ 265.71-265.77. except that §§ 265.71.
 265.72. and 265.76 do not apply to
 owners and operators of on-site
 facilities that do not receive any
 hazardous waste from off-site sources:
  (6) In Subpart G (Closure and post-
 closure). §§ 265.111-265.115; and
  (7) In Subpart H (Financial
 requirements), §§ 265.141, 265.143. and
 265.147-265.151. except that  States and
 the Federal government are exempt from
 the requirements of Subpart H.

 § 266.35-2 Hazardous waste analysis.
  (a) In addition to the waste analyses
 required by § 265.13 of this chapter, the
 owner  or operator must sufficiently
analyze any hazardous waste that he
has not previously burned in his boiler
or industrial furnace to enable him to
establish steady-state (normal)
operating conditions and to comply with
the stack gas carbon monoxide standard
 and metals and hydrogen chloride
 standards provided by § 266.35-3.
   (b) The owner or operator must
 sufficiently analyze the hazardous
 waste that he bums to determine the
 type of pollutants that might be emitted.
 At a minimum, the analysis must
 determine:
   (1) Heating value of the hazardous
 waste, as fired:
   (2) Concentrations in the hazardous
 waste itself, or. as fired after blending
 with other waste or fuel, of arsenic.
 cadmium, chromium, and lead, unless
 the owner or operator has written,
 documented data that show that the
 metal is not present: and
   (3) Chlorine content of the hazardous
 waste itself, or. as fired.
   Note.—As required by g 265.73 of this
 chapter, the owner or operator must place the
 results from each waste analysis, or the
 documented information in the operating
 record of the facility.

 § 266.35-4 Operating requirements.
   (a) A boiler or industrial furnace
 burning hazardous wastes under this
 subsection shall meet and demonstrate
 compliance with the metals and
 hydrogen chloride standards provided in
 § 266.34-4 (b) and (c).
   (b) Carbon monoxide standard. (1)
 Except as provided by paragraph (b)(2)
 of this subjection, a boiler or industrial
 furnace burning hazardous waste must
 be operated in conformance with the
 carbon monoxide (CO) standards
 provided by § 266.34-4(a)(2).
  (2) Owners and operators who submit
 a Part B application six months prior to
 the effective date of the carbon
 monoxide monitoring requirement of
 this paragraph and who claim to
 demonstrate that the hazardous waste is
 a low risk waste under provisions of
 § 266.34-4{a)(3) (and not subject to CO
 monitoring or the ORE performance
 standard) are nol subject to the CO
 monitoring requirements of this
 paragraph.
  (b) Start-up and shut-down. (I)  A
 boiler or industrial furnace may not burn
 hazardous waste during start-up.
 Hazardous waste may be burned after
 the device has reached steady-state
 (normal) operations as evidenced by
 maintaining a time-weighted average
 carbon monoxide (CO) level in the flue
 gas not to exceed 100 ppm for an
 averaging period of not less than 10
 minutes nor more than 60 minutes.
  (2) A boiler or industrial furnace may
 not bum hazardous waste during  shut-
 down.

§ 266.35-4 Monitoring and Inspections.
  (a) The owner or operator must
conduct, at a minimum, the following
 monitoring while burning hazardous
 waste:
   (1) Except as provided by § 266.35-
 3(b)(2). carbon monoxide (CO) and
 oxygen must be monitored on a
 continuous basis at a common point in
 the boiler or industrial furnace
 downstream of the combustion zone and
 prior to release of stack gases to the
 atmosphere. CO and oxygen monitors
 must be installed, operated, and
 maintained in accordance with:
 Guideline for Continuous Monitoring of
 Carbon Monoxide at Hazardous Waste
 Incinerators. Appendix D. PES, January
 1987.
   (2) Other existing instruments that
 relate to combustion and emission
 control must be monitored at least every
 15 minutes. Appropriate corrections to
 maintain  steady state combustion
 conditions and normal emission control
 operations must be made immediately
 either automatically or by the operator.
 Instruments that relate to combustion
 and emission control would normally
 include those measuring hazardous
 waste feed rates, feed rate of other fuels,
 feed rate of industrial furnace
 feedstocks, hazardous waste firing
 system pressure, scrubber flow and
 scrubber water pH. electrostatic
 precipitator spark rate, and fabric filter
 pressure drop.
   (b) The boiler or industrial furnace
 and associated equipment (pumps,
 valves, pipes, etc.) must be subjected to
 thorough visual inspection, at least daily
 when hazardous waste is burned, for
 leaks,  spills, fugitive emissions, and
 signs of tampering.
   (c) The  emergency hazardous waste
 feed cutoff system and associated
 alarms must be tested at least weekly
 when hazardous waste is burned to
 verify  operability, unless the owner or
 operator has written documentation  that
 weekly inspections will unduly restrict
 or upset operations and that less
 frequent inspections will be adequate.
 At a minimum, operational testing must
 be conducted at least monthly.

 §266.35-5  Closure.
  At closure, the owner or operator
 must remove all hazardous waste and
 hazardous waste residues (including,
 but not limited to, ash, scrubber water,
 and scrubber sludges) from the boiler or
 industrial  furnace site.

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

  VI. In Part 270:
  1. The authority citation for Part 270
continues to read as follows:

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17D46
                        Register / Vol. 52. No. 87 / Wednesday. May 6. 1987 /  Proposed Rules
  Authority: Sees. 1006. 2002. 3005. 3007. and
7004 of the Solid Waste Disposal Act. as
amended by the Resource Conservation and
Recovery Act of 1976. as amended by the
Hazardous and Solid Waste Amendments of
1984 (42 U.S.C. 6905. 6912. 6925. 6927. and
6974).
  2. It is proposed to amend paragraph
(a) of S 270.6 by adding the following:

§270.6  References
  (a) * ' *
  "Guideline on Air Quality Models
(Revised)". July 1986. EPA Publication
Number 450/2-78-027R (OAQPS
Guideline No. 1.2-080). available from
National Technical Information Service,
Springfield, Virginia. Order No. PB 86-
245286.
  "Guidelines for Permit Writers:
Permitting Hazardous Waste
Combustion Facilities Using Risk
Assessment".
  3. It is proposed to add § 270.22 to
Subpart B to read as follows:
§270.22  Specific Part B Information
requirement* for bolters and industrial
furnaces burning hazardous waste.
   (a) Except as provided otherwise by
 § 266.30(d) (exemption of certain
 hazardous waste) and § 268.34-l(b)
 (exemption of small quantity on-site
 burners) of this chapter, owners  and
 operators of boilers and industrial
 furnaces  that burn hazardous waste
 must conduct a trial burn in accordance
 with § 270.65 to demonstrate
 conformance with the standards in
 § 266.34-4 of this chapter, unless a trial
 bum is not required under provisions of
 that section and the owner or operator
 demonstrates compliance with those
 provisions as provided by paragraph (c)
 of this section.
   (b) Owners and operators not seeking
 to be permitted under provisions that do
 not require a trial burn must submit a
 trial burn plan or the results of a trial
 burn, including all required
 determinations, in accordance with
  § 270.65.
    (c) Owners and operators seeking to
  be permitted under provisions of
  § 266.34-4 of this chapter that do not
  require a trial burn must submit
  documentation as follows:
    (1) Boilers operated under special
  operating requirements for conformance
  with the organic emissions standard.
  When seeking to be permitted under
  § 266.34-4(a)(4) of this chapter, the
  owner or operator of a boiler must
  submit documentation that the  boiler
  operates under the special operating
  requirements provided by that
  paragraph;
    (2) Boilers and industrial furnaces
  burning low risk waste. When seeking
  to be permitted under the provisions for
                                       low risk waste provided by S 266.34-
                                       4(a)(3) of this chapter so that neither the
                                       trial burn nor carbon monoxide (CO)
                                       monitoring are required, the owner or
                                       operator of a boiler or industrial furnace
                                       must submit:
                                          (i) Documentation that the device is
                                       operated in conformance with the
                                       requirements of S 266.34-4(a)(3)(i) of this
                                       chapter.
                                          (ii) Results of analyses documenting
                                       the concentration of organic compounds
                                       listed in Appendix VIII of Part 261 of
                                       this chapter that could reasonably be
                                       expected to be constituents of each
                                       hazardous waste to be burned.
                                          (iii) Documentation of hazardous
                                        waste firing rates and calculations of
                                        reasonable, worst-case emission rates of
                                        each constituent identified in paragraph
                                        (c)(3)(ii) of this section assuming the
                                        device achieves a 99% destruction
                                        efficiency for each constituent as
                                        provided by S 266.34-4(a)(3)(ii)(B) of this
                                        chapter.
                                          (iv) Calculations of reasonable, worst-
                                        case emission rates of products of
                                        incomplete combustion (PICs) for each
                                        constituent identified in paragraph
                                        (c)(3)(ii) of this section  using procedures
                                        established in "Guidelines for Permit
                                        Writers: Permitting Hazardous Waste
                                        Combustion Facilities Using Risk
                                        Assessment" (incorporated by.  __   -
                                        reference, see § 270.6). This document is
                                        herein termed the Risk Assessment
                                        Guideline or RAG.
                                          (v) Results of emissions modeling for
                                        emissions identified in paragraphs
                                        (c)(2)(iii) and (iv) of this section using
                                        modeling Procedures provided by
                                        "Guideline on Air Quality Models
                                         (Revised)" (incorporated by reference.
                                         see § 270.6). This document is herein
                                         termed the GAQM. The Director will
                                         review the emission modeling conducted
                                         by the applicant to determine
                                         conformance with the GAQM. The
                                         Director will either approve the
                                         modeling or determine that alternate or
                                         supplementary modeling is appropriate.
                                           (vi) For each noncarcmogenic
                                         constituent identified in paragraph
                                         (c](2](ii) of this section, provide
                                         documentation that emissions will not
                                         result in exceedances of the reference
                                          air concentrations (RACs) identified in
                                          the RAG.
                                            (vii) For each carcinogenic constituent
                                          identified in paragraph (c)(2)(ii) of this
                                          section and for products of incomplete
                                          combustion (PICs) quantified in
                                          conformance with paragraph (c)(2)(iii) of
                                          this section, results of the computation
                                          required by § 266.34-4(a)(3)(ii)(E) of this
                                          chapter.
                                            (3) Boilers and industrial furnaces  -
                                          meeting the Tier I or Tier II metals
                                          controls. When seeking to be permitted
under the provisions of § 266.34-4(b)(l)
(Tier I) or S 266.34-4(b)(2) (Tier II) that
control metals emissions without
requiring a trial burn, the owner or
operator of a boiler or industrial furnace
must submit:
  (i) For conformance with the Tier I
metal specification provided by
S 266.34-4(b)(l] of this chapter:
  (A) Documentation of the hazardous
waste feed rate:
  (B) Documentation of metals levels in
the hazardous waste;
  (C) Documentation of the heat input
capacity (MM Btu/hr) of the device: and
  (D) Proposed hazardous waste
sampling and metals analysis plan.
  (ii) For conformance with the Tier II
metals feed rate standard provided by
 § 266.34-4(b)(2) of this chapter.
  (A) Documentation of the hazardous
 waste feed rate;
  (B) Documentation of the type and
 feed rate of other fuels and industrial
 furnace feedstocks with which the
 hazardous waste is burned;
   (C) Documentation of the levels of
 metals in the hazardous waste, other
 fuels, and industrial furnace feedstocks.
   (D) Documentation of the heat input
 capacity (MM Btu/hr) of the device;  and
   (E) Proposed sampling and metals
 analysis plan for the hazardous waste.
 other fuels, and  industrial furnace
 feedstocks.
    (4) Boilers and industrial furnaces
 meeting the Tier I or Tier IIHC1 control.
 When seeking to be permitted under the
  provision of § 266.34-4(c)(l) (Tier I)  or
  i 268.34-4(c)(2)  (Tier II) that control
  hydrogen chloride (HC1) emissions
  without requiring a trial burn, the owner
  or operator of a boiler or industrial
  furnace must submit:
    (i) For conformance with the Tier I
  chlorine specification provided by
  S  266.34-4(c)(l) of this chapter
    (A) Documentation of the hazardous
  waste feed rate;
    (B) Documentation of the chlorine
  level in the hazardous waste;
    (C) Documentation of the heat input
  capacity (MM Btu/hr) of the device, and
    (D) Proposed hazardous waste
  sampling and chlorine analysis plan.
    (ii) For conformance with the Tier II
  chlorine  feed rate standard provided by
  § 266.34-4(c)(2) of this chapter.
    (A) Documentation of the hazardous
  waste feed rate;
    (B) Documentation of the type and
  feed rate of other fuels and industrial
  furnace feedstocks with which the
  •hazardous waste is burned:
     (C) Documentation of the  levels of
  chlorine in the hazardous waste, other
  fuels, and industrial furnace feedstocks;

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                 Federal Register / Vol.  52. No. 87 /  Wednesday. May 6. 1987  / Proposed Rules
                                                                       17047
   (D) Documentation of the heat input
 capacity (MM Btu/hr) of the device; and
   (E) Proposed sampling and chlorine
 analysis plan for the hazardous waste
 other fuels, and industrial furnace
 feedstocks.
   (5) Data in lieu of a trial burn  The
 owner or operator of a boiler or
 industrial furnace may seek an
 exemption from the trial  burn by
 providing information from trial or
 operational burns of similar boilers or
 industrial furnaces burning similar
 hazardous wastes under  similar
 conditions. The Director  shall approve a
 permit application without a trial burn if
 he finds that the hazardous wastes are
 sufficiently similar, the devices are
 sufficiently similar, and the data from
 other trial burns are adequate to specify
 (under § 266.34-6 of this chapter)
 operating conditions that will ensure
 conformance with the standards in
 § 266.34-4 of this chapter. In seeking this
 exemption, the applicant  must submit
 the following information:
   (i) An analysis of each  hazardous
 waste to be burned including:
   (A) Heating value, levels of arsenic.
 cadmium, chromium, lead, and chlorine
 and the composition of the hazardous
 waste, as fired (after blending);
   (B) Viscosity and maximum particle
 size (if applicable), or a description of
 the physical form of the hazardous
 waste:
   (C) An identification of any hazardous
 organic and inorganic constituents listed
 in Part 261. Appendix  VIII. of  this
 chapter, which are present in  the
 hazardous waste, except  that  the
 applicant need not analyze for
 constituents listed in Appendix VIII
 which would reasonably  not be
 expected to be found in the hazardous
 waste. The constituents excluded from
 analysis must be identified and the
 basis for their exclusion explained. The
 analysis must rely on analytical
 techniques specified in "Test Methods
 for the Evaluation of Solid Waste.
 Physical/Chemical Methods"
 (incorporated by reference, see I 270.6
 and referenced in 40 CFR  Part 261.
 Appendix III, or their equivalent);
  (D) An appropriate quantification of
 the hazardous constituents identified in
 the hazardous waste, within the
 precision produced by the analytical
 methods specified in "Test Methods for
 the Evaluation of Solid Waste. Physical/
 Chemical Methods" (incorporated by
 reference, see § 270.6); and
  (E) A quantification  of those
hazardous constituents in the  hazardous
waste that may be designated as POHCs
based on data submitted from other trial
or operational burns which demonstrate
 compliance with the performance
 standards in § 266.34 4 of this chapter
   (n) A detailed engmeenng description
 of the boiler or industrial furnace.
 including:
   (A) Manufacturer's name and model
 number of boiler or industrial furnace;
   (B) Type of boiler or industrial
 furnace;
   (C) Description of feed system for
 hazardous waste, other fuel, and
 industrial furnace feedstocks;
   (D) Capacity of hazardous waste feed
 system:
   (E) Description of automatic
 hazardous waste feed cutoff system(s);
   (F) Description of any emission
 control system(s): and
   (G) Description of stack gas
 monitoring and any pollution control
 monitoring systems;
   (iii) A description and analysis of the
 hazardous waste to be burned compared
 with the hazardous waste for which
 data from operational or trial burns are
 provided to support the contention that
 a trial bum is not needed. The data
 should include those items listed in
 paragraph (c)(5)(i) of this section. This
 analysis should specify the POHCs that
 the applicant has identified in the
 hazardous waste for which a permit is
 sought, and  any differences from the
 POHCs in the hazardous waste for
 which burn data are provided;
  (iv) The design and operating
 conditions of the boiler or industrial
 furnace to be used, compared with that
 for which comparative burn data are
 available, including:
  (A) Feed rate of the hazardous waste;
  (B) The type, feed rate, and heating
 value of other fuels fired when
 hazardous waste is burned, and, if the
 levels of arsenic, cadmium, chromium,
 lead, or chlorine in the hazardous waste
 exceed the specification levels provided
 by §§ 26&34-6(c)(3) and 266.39-6(d)(3) of
 this chapter, the levels of those
 constituents in the other fuels; and
  (C) The type and feed rate of
 industrial furnace feedstocks, and. if the
 levels of arsenic, cadmium, chromium,
 lead, or chlorine in the hazardous waste
 exceed the specification levels provided
by §§ 266.34-6(c)(3) and 266.34-6(d)(3) of
 this chapter, the levels of those
constituents in the feedstocks;
  (v) A description of the results
submitted from any previously
conducted trial burn(s) including:
  (A) Sampling and analysis techniques
used to calculate conformance with
performance standards in §  266.34-4 of
this chapter: and
  (B) Methods and results of monitoring
feed rates  of hazardous waste and, as
appropriate, other fuels and industrial
furnace feedstocks;
  (vi) The expected boiler or industrial
furnace operation information to
demonstrate compliance with § § 266.34-
4 and 266.34-6 of this chapter, including:
  (A) Hazardous waste feed rate. and.
as appropriate, feed rate of other fuels
and industrial furnace feedstocks;
  (B) Expected removal efficiency for
arsenic, cadmium, chromium, lead, and
hydrogen chloride;
  (C) Expected fugitive emissions and
their control procedures; and
  (D) Proposed allowable hazardous
waste feed variations including feed
rate, composition, metals, and chlorine
levels;
  (vi) Such supplemental information as
the Director finds necessary to achieve
the purposes of this paragraph.
  (vii) Hazardous waste analysis data,
including that submitted in paragraph
(c)(5)(i) of this section, sufficient to
allow the Director to specify in the
permit the Principle Organic Hazardous
Constituents (permit POHCs) for which
destruction and removal efficiencies will
be required.
  (d) Owners and operators seeking to
be permitted under Tiers I, II, or III for
metals and chlorine under the
provisions of §  266.34-4(b)(l)-(3) and
§ 266.34-4(c)(l)-(3) of this chapter must
submit the documentation needed to
determine whether the permitted device
is sited in complex or flat terrain as
defined in the aforementioned
provisions. The applicant must give the
methodology for the determination
including such information as the stack
height and topographical data including
maps used in making the determination.
  (e) Owners and operators seeking to
be permitted under the Tier IV metals
provision of 5 266.34-4(b)(4) of this
chapter must submit a dispersion
modeling plan with Part B of the permit
application. The Director will review the
plan for conformance with the
"Guideline for Air Quality Monitoring"
(incorporated by reference, see § 270.6).
The Director will either approve the
modeling plan or determine that an
alternate or supplementary plan is
appropriate. After completion of the trial
burn to measure metals emission rates,
the owner or operator must conduct
dispersion modeling according to the
approved plan and submit the results to
the Director. The Director will determine
whether the results are in conformance
with the requirements of S 268.34-4(b)(4)
of this chapter and will  establish
appropriate operating requirements as
required by § 266.34-4(c)(3] of this
chapter.
  (f) Owners and operators seeking to
be permitted under the Tier IV hydrogen
chloride (HC1) provisions of § 266.34-

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Federal  Register / Vol. 52. No.  87 / Wednesday, May 6. 1987 / Proposed Rules
4(c)(4) of this chapter must submit a
dispersion modeling plan with Part B of
the permit application. The Director will
review the plan for conformance with
the "Guideline for Air Quality
Monitoring (Revised)" (incorporated by
reference, see § 270.6). The Director will
either approve the modeling plan or
determine that an alternative or
supplementary plan is appropriate. After
completion of the trial burn to measure
HC1 emission rates, the owner or
operator must conduct dispersion
modeling according to the approved
plan and submit the results to the
Director. The Director will determine
whether the results are in conformance
with the requirements of § 266.34-4(c)(4)
of this chapter and will establish
appropriate operating requirements as
required by § 266.34-6(d)(3) of this
chapter.

Subpart F—Special Forms of Permits

  4. It is proposed to add § 270.66 to
Subpart F to read as follows:

§ 270.66  Permits for boilers and Industrial
furnace* burning hazardous waste.
  (a) General. New boilers (those
boilers not operating under the interim
status standards of § 266.35 of this
chapter) are subject to paragraph (b) of
this section if they will be permitted
without a trial bum under § 266.34.5-
(d)(l) of this chapter. New boilers and
industrial furnaces that will be
permitted based on a trial burn under
§ 266.34-5(d)(3) of this chapter are
subject to paragraph (c) of this section.
Boilers and industrial furnaces operating
under the interim status standards of
§ 266.35 of this chapter are subject to
paragraph (d) of this section.
  Note.—New boilers and industnal furnaces
permitted without a trial bum under the
provision for low risk waste provided by
S 268.34-»(a)(3) of this chapter are not subject
to the special permits of this section if a trial
bum is not required to demonstrate
compliance with the Tier III or Tier IV metals
or HCI controls. Such facilities are awarded
an operating permit after the Director
establishes that the facility is in conformance
with { 266.34-4(a)(3) of this chapter and the
Tier 1 or Tier II metals and HCI controls.
   (b) New boilers permitted without a
trial burn. New boilers that will be
permitted without a trial burn under
 § 266.34-5(d)(l) of this chapter are
subject to the operating requirements in
 §8 266.34-6(b)(4) (to control organic
emissions). 266.34-«(c] (2) or (3) (to
control metals emissions), and 266.34-
6(d) (2) or (3) (to control HCI emissions)
of this chapter. These requirements are
termed "Special Operating
Requirements." New boilers that operate
under the Special Operating
                        Requirements are subject to the
                        following permits:
                          (1) Predemonstration period. The
                        predemonstration period begins with
                        initial introduction of hazardous waste
                        to the boiler and extends for the
                        minimum time required, not to exceed a
                        duration of 720 hours operating time
                        when burning hazardous waste, to bring
                        the boiler to a point of operation
                        readiness to conduct a demonstration
                        that the boiler can operate under the
                        Standing Operating Requirements.
                        During this period, the boiler must be
                        operated in conformance with the
                        Standard Operating Requirements. The
                        Regional Administrator may extend the
                        duration of this period once for up to 720
                        additional hours when good cause for
                        the extension is demonstrated by the
                        applicant. The permit may be modified
                        to reflect the extension according to
                        § 270.42 (minor modifications of
                        permits).
                          (i) Applicants must submit a
                        statement with Part B of the permit
                        application demonstrating how they will
                        comply with the Standard Operating
                        Requirements. If the hazardous waste  is
                        off-specification for metals or chlorine.
                        the statement should include limitations,
                        as appropriate, on the metals and
                        chlorine content, heating value, and feed
                        rates of the hazardous waste, other fuel,
                        and industrial furnace feedstocks  to
                        demonstrate conformance with
                        §§ 266.34-«(c)(2) and 266.34-6(d)(2) of
                        this chapter,
                          (ii) The Director will review this
                        statement and any other relevant
                        information submitted with Part B of the
                        permit application and determine
                        whether the applicant is likely to be able
                        to comply with the Standard Operating
                        Requirements.
                          (2) Demonstration period. For the
                        period immediately after completion of
                        the first period of operation and only for
                        the minimum period sufficient to allow
                        sample analysis, data computation, and
                        submission of the results by the
                        applicant demonstrating conformance
                        with the Standard Operating
                        Requirements, the boiler is subject to the
                        Standard Operating Requirements.
                        During this period, the applicant is
                        operating under a  Demonstration  Permit.
                        The Demonstration Permit is an
                        extension of the Predemonstration
                        Permit and constitutes a minor
                        modification of permits under S 270.42.
                           (3) Post-demonstration period. After
                        successful completion of the
                        demonstration period, the boiler
                        operates under a Final Permit in
                        conformance with the Standard
                        Operating Requirements.  If the
                        hazardous waste is off-specification for
                         metals or chlorine, the Director will
specify changes to limitations, as
appropriate, on the metals and chlonne
content, heating value, and feed rates of
the hazardous waste, other fuels, and
industrial furnace feedstocks and
requirements for the operation and
maintenance of emissions control
equipment necessary to ensure
compliance with §§ 266.34-6(c)(2) or
266.34-6(d)(2) of this chapter. The Final
Permit is an extension of, and
modification to, as necessary, the
Demonstration Permit and constitutes a
minor modification of permits under
i 270.42.
  (c) New boilers and industrial
furnaces permitted with a trial burn.
New boilers and industrial furnaces that
will be permitted with a trial burn under
§ 266.34-5(d)(2) of this chapter are
subject to the following permits:
  (1) Pretrial bum period. For the period
beginning with initial introduction of
hazardous waste and ending with
initiation of the trial burn, and only for
the minimum time  required to bring the
boiler or industnal furnace to a point of
operation readiness to conduct a trial
burn, not to exceed 720 hours operating
time when burning hazardous waste, the
Director must establish in a Pretrial
Burn Permit conditions,  including but
not limited to, allowable hazardous
waste feed rates and operating
conditions. The Director may extend the
duration of this operational period  once.
for up to 720 additional hours, at the
request of the applicant when good
cause is shown. The permit may be
modified to reflect the extension
according to § 270.42 (minor
modifications of permits).
   (i) Applicants must submit a
statement, with Part B of the permit
application, that suggests the conditions
necessary to operate in compliance with
 the standards of §-266.34-4 of this
chapter during this period. This
 statement should include, at a minimum,
 restrictions on hazardous waste
 constituents including arsenic, cadmium,
 chromium, lead, and chlorine, hazardous
 waste heating value and feed rates, and
 the operating parameters identified in
 § 266.34-6 of this chapter.
    (ii) The Director will review this
 statement and any other relevant
 information submitted with Part B of the
 permit application and specify
 requirements for this period sufficient to
 meet the performance standards of
 § 266.34-4 of this chapter based on his
 engineering judgment.
    (2) Trial bum period. For the duration
 of the trial burn, the Director must
 establish conditions in  the permit  for the
 purposes of determining feasibility of
 compliance with the performance

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                Federal Register / Vol. 52. No.  87 / Wednesday. May 8. 1987 / Proposed Rules
                                                                      17D49
 standards of § 266.34-4 of this chapter
 and of determining adequate operating
 conditions under § 266.34-6 of this
 chapter.
   (i) Applicants must propose a trial
 burn plan, prepared under paragraph
 (c)[2)(u) of this section, to be submitted
 with Part B of the permit application.
   (ii) The trial burn plan must include
 the following information:
   (A) An analysis of each hazardous
 waste, as fired, that includes:
   (1) Heating value, levels of arsenic.
 cadmium, chromium, lead, and chlorine.
 and composition of the hazardous
 waste:
   (2) Viscosity and maximum particle
 size (if applicable), or description of the
 physical form of the hazardous waste;
   (3) An identification of any  hazardous
 organic constituents listed in Part 261.
 Appendix VIII of this chapter that are
 present in the hazardous waste, except
 that the applicant need not analyze for
 constituents listed in Appendix VIII that
 would reasonably not be expected to be
 found in the hazardous waste. The
 constituents excluded from analysis
 must be identified and the basis for their
 exclusion explained. The analysis must
 rely on analytical techniques specified
 in 'Test Methods for the Evaluation of
 Solid Waste. Physical/Chemical
 Methods" (incorporated by reference.
 see § 270.6), or their equivalent.
   (4) An approximate quantification of
 the hazardous constituents identified in
 the hazardous waste, within the
 precision produced by the analytical
 methods specified in 'Test Methods for
 the Evaluation of Solid Waste. Physical/
 Chemical  Methods" (incorporated by
 reference, see § 270.6). or other
 equivalent.
   [5] A description of blending
 procedures, if applicable, prior to firing
 the hazardous waste, including a
 detailed analysis of the hazardous
 waste pnor to blending, an analysis of
 arsenic, cadmium, chromium, lead, and
 chlorine levels in the fuel with which the
 hazardous waste is blended, and
 blending ratios.
   (B) A detailed engineering description
 of the boiler or industrial furnace.
 including:
   (1) Manufacturer's name and model
 number of the boiler or industrial
 furnace:
   (2) Type of boiler or industrial
 furnace;
  [3] Maximum rated heat input;
  (4) Description of the feed system for
the hazardous waste, and. as
appropriate, other fuels and industrial
furnace feedstocks;
  (5) Capacity of hazardous waste feed
system:
   (£) Description of automatic
 hazardous waste feed cutoff system(s):
   (7) Description of any emission
 control system(s): and
   [8] Description of stack gas monitoring
 and any pollution control monitoring
 systems.
   (C) A detailed description of sampling
 and monitoring procedures including
 sampling and monitoring locations in the
 system, the equipment to be used,
 sampling and monitoring frequency, and
 planned analytical procedures for
 sample analysis.
   (D) A detailed test schedule for each
 hazardous waste for which the trial bum
 is planned, including date(s). duration.
 quantity of hazardous waste to be
 burned, and other factors relevant to the
 Director's decision under paragraph
 (c)(2)(v) of this section.
   (E) A detailed test protocol, including.
 for each hazardous waste identified, the
 ranges of hazardous waste feed rate,
 and. as appropriate, the feed rates of
 other fuels and industrial furnace
 feedstocks, and any other relevant
 parameters that will be varied and that
 may affect the ability of the boiler or
 industrial  furnace to meet the •
 performance standards in § 266.34-4 of
 this chapter.
   (F) A description of. and planned
 operating conditions for, any emission
 control equipment that will be used.
   (G) Procedures for rapidly stopping
 the hazardous waste feed and
 controlling emissions in the event of an
 equipment malfunction.
   (H) Such other information as the
 Director reasonably finds necessary to
 determine whether to approve the trial
 burn plan in light of the purposes of this.
 paragraph and the criteria in paragraph
 (c)(2)(v) of this section.
   (iii) The Director, in reviewing the
 trial burn plan, shall evaluate the
 sufficiency of the information provided
 and may require the applicant to
 supplement this information, if
 necessary, to achieve the purposes of
 this paragraph.
   (iv) Based on the hazardous waste
 analysis data in the trial burn plaa the
Director will specify as trial Principal
 Organic Hazardous Constituents
 (POHCs). those constituents for which
 destruction and removal efficiencies
must be calculated during the trial burn.
These trial POHCs will be specified by
 the Director  based on his estimate of the
 difficulty of destroying the constituents
 identified in  the hazardous waste
 analysis, their concentration or mass in
 the hazardous waste feed. and. for
hazardous waste containing or derived
from wastes listed in Part 261. Subpart D
of this chapter, the hazardous waste
organic constituent(s) identified in
Appendix VII of that part as the basis
for listing.
  (v) The Director shall approve a trial
burn plan if he finds that:
  (A) The trial burn is likely to
determine whether the boiler or
industrial furnace can meet the
performance standards in § 266.34-4 of
this chapter
  (B) The trial burn itself will not
present an imminent hazard to human
health and the environment:
  (C) The trial bum will help the
Director to determine operating
requirements to be specified under
§ 266.34-6 of this chapter, and
  (D) The information sought in
paragraphs (c)(2)(v) (A) and (C) of this
section cannot reasonably be developed
though other means.
  (vi) The Director shall extend and
modify the Pretrial Burn Permit as
necessary to accommodate the
approved trial burn plan. The permit
modification shall proceed as a minor
modification according to 8 270.42.
  (vii) During each approved trial burn
(or as soon after the burn as is
practicable), the applicant must make
the following determinations:
  (A) A quantitative analysis of the trial
POHCs and of arsenic, cadmium,
chromium, lead, and chlorine, in the
hazardous waste feed to the boiler or
incinerator
  (B) A quantitative analysis of the
exhaust gas for the concentration and
mass emissions of the trial POHCs:
  (C) If the hazardous waste is off-
specification for arsenic, cadmium,
chromium, lead, or chlorine, for each
element for which the hazardous waste
is off-specification:
  (1) A quantitative analysis of levels of
the element(s) in-other fuels and
industrial furnace feedstocks, the
heating value of the hazardous waste
and other fuels, and the feed rates of the
hazardous waste, other fuels, and
industrial furnace feedstocks to
demonstrate conformance with the
computed allowable concentrations of
metals and chlorine provided in
§§ 268.34-6 (c)(2) and (d)(2) of this
chapter or
  [2] A quantitative analysis of the
exhaust gas for the concentration and
mass emission of the metal(s) or
hydrogen chloride (HC1), and a
computation showing conformance with
the metals or HC1 emission performance
standard  in § 266.34-4 (c) and (d) of this
chapter
  (E) A quantitative analysis of the
scrubber water (if any), ash residues,
and other residues, for the purpose of
estimating the fate of the trial POHCs,
the fate of any metal subject to

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               Federal Register /  Vol.  52. No. 87  /  Wednesday. May 6. 1987 / Proposed Rules
17050
emissions testing under paragraph
(c)(vi)(C)(2) of this section, and the fate
of chlorine if subject to emission testing
under paragraph (c)(vi](D)(2) of this
section;
  (F) A computation of destruction and
removal efficiency (ORE), in accordance
with the ORE formula specified in
§ 268.34-4(a)(l) of this chapter
  (G) An identification of sources of
fugitive emissions and their means of
control;
  (H) A continuous measurement of
carbon monoxide (CO) and oxygen in
the exhaust gas; and
  (1) Such other information as the
Director may specify as necessary to
ensure that the trial bum will determine
compliance with the performance
 standards in S 266.34-4 of this chapter
 and to establish the operating conditions
 required by § 266.34-6 of this chapter as
 necessary to meet those performance
 standards.
   (viii) The applicant must submit to the
 Director a certification that the trial
 burn has been carried out in accordance
 with the approved trial bum plan, and
 must submit the results of all the
 determinations required in paragraph
 (c](2)(vi) of this section. This submission
 shall be made within 90 days of
 completion of the trial bum. or later if
 approved by the Director.
   (ix) All data collected during any trial
 burn must  be submitted to the Director
 following completion of the trial bum.
   (x) All submissions required by this
 paragraph must be certified on behalf of
  the applicant by the signature of a
  person authorized to sign a permit
  application or a report under § 270.11.
    (xi) Based on the results of the trial
  bum. the Director shall set the operating
  requirements in the  Final Permit
  according to § 266.34-6 of this chapter.
  The permit modification shall proceed
  as a minor modification according to
  S 270.42.
    (3) Post-trial burn period. For the
  period immediately following
  completion of the trial burn, and only for
  the minimum period sufficient to allow
  sample analysis, data computation, and
  submission of the trial bum results by
  the applicant, and review of the trial
  bum results and modification of the
  facility permit  by the Director to reflect
  the trial burn results, the Director will
  establish the operating requirements
  most likely to ensure compliance with
   the performance standards of § 266.34-4
   of this chapter based on his engineering
   judgment. The Director shall so extend
   and modify the Trial Burn Permit to
   develop the Post-Trial Burn Permit. The
                                        permit modification shall proceed as a
                                        minor modification according to
                                        §270.42.                  .
                                          (i) Applicants must submit a
                                        statement with Part B of the permit
                                        application, that identifies the
                                        conditions necessary to operate in
                                        compliance with the performance
                                        standards of § 266.34-4 of this chapter.
                                        during this period. This statement
                                        should include, at a minimum.
                                        restrictions on hazardous waste
                                        constituents, including arsenic.
                                        cadmium, chromium, lead, and chlorine.
                                        hazardous waste feed rates, and the
                                        operating parameters identified in
                                        § 266.34-6 of this chapter.
                                           (ii) The Director will review this
                                        statement and any other relevant
                                        information submitted with Part B of the
                                        permit application and specify
                                        requirements for this period sufficient to
                                        meet the performance standards of
                                         § 266.34-4 of this chapter based on his
                                         engineering judgment.
                                           (4) Final permit. After review of the
                                         trial burn results, the Director will
                                         modify the permit as necessary to
                                         develop the Final Permit that will ensure
                                         compliance with the performance
                                         standards of § 266.34-4 of this chapter.
                                         The permit modification shall proceed
                                         as a minor modification according to
                                          §270.42.
                                            (d) Interim status boilers and
                                          industrial furnaces—<1) Existing boilers
                                          to be permitted without a trial bum.
                                          Applicants owning or operating existing
                                          boilers operated under the interim status
                                          standards of § 266.35 of this chapter and
                                          that will be permitted without
                                          conducting a trial burn because they
                                          operate under the Standard Operating
                                          Requirements in S S 266.34-6(b)(4).
                                          286.34-fl(c] (2) or (3). and 266.34-«{d) (2)
                                          or (3) of this chapter must submit with
                                          Part B of the permit application
                                          documentation that the boiler is
                                          operated in accordance with the
                                          Standard Operating Requirements. The
                                          statement must include, at a minimum.
                                          the operating record documenting
                                          continuous measurement of carbon
                                          monoxide (CO) and oxygen in the
                                          exhaust gas. If the hazardous waste IB
                                           off-specification for metals or chlorine,
                                           the statement must also include
                                           limitations,  as appropriate, on the
                                           metals and chlorine content, heating
                                           value, and feed rates of the hazardous
                                           waste, other fuel, and industrial furnace
                                           feedstocks to demonstrate conformance
                                           with §§ 286.34-6(c)(2) and 266.34-«(d)(2)
                                           of this chapter.
                                             (2) Existing industrial furnaces ana
                                           boilers that will be permitted with a
trial burn. Applicants owning or
operating existing boilers or industrial
furnaces operated under the interim
status standards of § 266.35 of this
chapter and that will be permitted with
a trial burn for the purposes of
determining compliance with the
performance standards of § 266.34-4 of
this chapter and of determining
adequate operating conditions under
§ 266.34-6 of this chapter, must prepare
and submit a trial burn plan and perform
a trial burn in accordance with
paragraphs (c)(2)(ii) through (c)(2)(ix) of
this section. Applicants who submit a
trial burn plan and receive approval
before submission of the Part B permit
 application must complete the trial burn
 and submit the results specified in
 paragraph (c)(2)(vi) of this section with
 the Part B permit application. If
 completion of this process conflicts with
 the date set for submission of the Part B
 application, the applicant must contact
 the Director to establish a later date for
 submission of the Part B application or
 the trial bum results. If the  applicant
 submits a trial bum plan with Part B of
 the permit application, the trial bum
 must be conducted and the results
 submitted within a time period to be
 specified by the Director.
  PART 271— REQUIREMENTS FOR
  AUTHORIZATION OF STATE
  HAZARDOUS WASTE PROGRAMS

    VII. In Part 271:
    1. The authority citation for Part 271
  continues to read as follows:
    Authority: Sees. 1006. 2002(a). and 3006 of
  the Solid Waste Disposal Act. as amended by
  the Resource Conservation and Recovery Act
  of 1976. as amended (42 U.S.C. 6905.69l2(aJ.
  and 692.6).

  § 271.1  (Amended)
     2  It is proposed to amend S 271.1(j) by
  adding the following entry to Table 1 in
  chronological order by date of
  publication:

  TABLE  1 —REGULATIONS  IMPLEMENTING THE
     HAZARDOUS AND  SOLID  WASTE  AMEND-
     MENTS OF 1984
    Data of publication n
    the FEDERAL REGISTER
     Title of regulation
   (Insert promulgation
     data).
Standards for Owners and Opera-
 Ion of Bofen and Industrial
 Furnaces.
    |FR Doc. 87-9769 Filed 5-5-87; 8:45 am)

    BILUNO CODE 6MO-M-M

-------
 Corrections
                                       Federal  Regiiler

                                       Vol. 52. No. 92

                                       Wednesddy. May 13. 1987
 This  section of the FEDERAL REGISTER
 contains  editorial corrections of previously
 published  Presidential.  Rule. Proposed
 Rule, and Notice documents and volumes
 of  the Code of Federal Regulations
 These corrections are  prepared by  the
 Office of me  Federal  Register  Agency
 prepared  corrections are issued as  signed
 documents and  appear in the  appropriate
 document  categories elsewhere in the
 issue.
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Part 266

 [FRL-3153-5]

 Burning of Hazardous Waste In Boilers
 and Industrial Furnaces

 Correction

  In proposed rule document 87-9769
 beginning on page 16982 in the issue of
 Wednesday. May 6.1987. make the
 following correction:

 §26644-4  (Corrected)
  On page 17041. in { 268.34-4(c)(l), in
 the second column, the last two lines
 were incorrectly placed and should
 appear immediately following the 16th
 line in the third column.
atUJNOCOOt IMMt-O
 FEDERAL HOME LOAN BANK BOARD

 12 CFR Part 563

 [No. 87-517)

 Bank Secrecy Act Compliance
 Procedures

 Correction

   In proposed rule document 87-10578
 beginning on page 17406 in the issue of
 Fnday. May 8.1987. make the following
 correction:
   On page 17408. in the first column.
 insert the following name and title
 preceding the FR document line:
 feffSconyers.
 Secretary.

 MJJNOCOOC UOS41-O


 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES

 Food and Drug Administration

 Advisory Committees; Meetings

 Correct/on
  In notice document 87-8234 beginning
on page 12078 in the issue of Tuesday.
April 14.1987. make the following
correction:
  On page 12078. in the third column, in
the fifth complete paragraph, in the last
 line, the U.S.C. cite should read "(5
 U.S.C. 552b(c)(4))".
BU1MG CODE 150S-OH)
DEPARTMENT OF HEALTH AND
HUMAN SERVICES

Food and Drug Administration

Fanner's Union Grain Terminal
Association; Withdrawal of Approval
of NADA

Correction

  In notice document 87-8232 appearing
on page 12081 in the issue of Tuesday.
Apnl 14.1987. make the following
correction:
  In the first column, in the last line, the
U.S.C. cite should read "(21 U.S.C.
360b(e))".
MJJNO COM IMft-01-0

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               Federal Register  /  Vol.  52. No. 92 / Wednesday.  May 13. 1987 / Proposed Rules	17991
significant adverse effects on
competition, employment, investment.
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreign-
based enterprises in domestic or export
markets.
  The Administrator of Veterans Affairs
has certified that this proposed
amended regulation, if promulgated, will
not have a significant economic impact
on a substantial number of small entities
as they are denned in the Regulatory
Flexibility Act (RFA). 5 U.S.C. 601-612.
Pursuant to 5 U.S.C. 605(b). the proposed
amended regulation, therefore, is
exempt from the initial and final
regulatory flexibility analyses
requirements of 8 } 603 and 604.
  This certification can be made
because the proposed amended
regulation affects only  individuals. It
will have no significant ecomomic
impact on small entities, i.e.. small
businesses, small private and nonprofit
organizations and small governmental
jurisdictions.
  The Catalog of Federal Domestic
Assistance number for the program
affected by this proposed amended
regulation is 64.120.
List of Subjects in 38 CFR Part 21
  Civil rights. Claims. Education. Grant
programs-education. Loan programs-
education. Reporting and recordkeeping
requirements. Schools.  Veterans.
Vocational education. Vocational
rehabilitation.
  Approved: January 15.1987.
Thomas K. Tiimage,
Administrator.
  Approved: March 9.1987.
A. Lukeman,
Deputy Assistant Secretary of Defense.

PART 21-{ AMENDED]

  In 38 CFR Part 21. Vocational
Rehabilitation and Education. 121.5076
is proposed to be revised as follows:

§21.5076  Entntement charge—
overpayDient ceeee.
  (a) Overpayment cases. The VA will
make a charge against an individual's
entitlement of an overpayment of
educational assistance allowance only
if:
  (1) The overpayment is discharged in
bankruptcy; or
  (2) The VA waives the overpayment
and does not recover it; or
  (3) The overpayment is compromised.
(38 U.S.C. 1631)
  (b) Debt discharged in bankruptcy or
is waived. If the overpayment is
discharged in bankruptcy or is waived
and is not recovered, the entitlement
charge will be at the appropriate rate for
the elapsed period covered by the
overpayment [exclusive of interest.
administrative costs of collection, court
costs and marshal fees). (38 U.S.C. 1631;
Pub. L 94-502)
  (c) Overpayment is compromised. (1)
If the overpayment is compromised and
the compromise offer is less than the
amount of interest, administrative costs
of collection, court costs and marshal
fees, the charge against entitlement will
be at the appropnate rate for the
elapsed period covered by the
overpayment (exclusive of interest,
administrative costs of collection, court
costs and marshal fees).
  (2) If the overpayment is compromised
and compromise offer is equal to or
greater than the amount of interest
administrative costs of collection, court
costs and marshal fees, the charge
against entitlement will be determined
by-
  (i) Subtracting from the sum paid in
the compromise offer the amount
attributable to interest, administrative
costs of collection, court costs and
marshal fees.
  (ii) Substracting the remaining amount
of the overpayment balance determined
in paragraph (c)(2)(i) of this section from
the amount of the original overpayment
(exclusive of interest, administrative
costs of collection, court costs and
marshal fees),
  (iii) Dividing the result obtained in
paragraph (c)(2)(U) of this section by the
amount of the original debt (exclusive of
interest administrative costs of
collection, court costs and marshal fees).
and
  (iv) Multiplying the percentage
obtained in paragraph (c)(2)(iii) of this
section by the amount of the entitlement
otherwise chargeable for the period of
the original overpayment. (38 U.S.C.
1631)
[FR Doc. 87-10710 Filed 5-12-87; 8:45 am]
BHUNO CODE mo-et-M
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 300

[FRL-3199-7]

The National Priorities Ust-Usting
Policy for Federal Facilities

AGENCY: Environmental Protection
Agency.
ACTION: Proposed policy.	

SUMMARY: The Environmental Protection
Agency ("EPA") is proposing a policy
relating to the National Oil and
Hazardous Substances Contingency
Plan ("NCP"). which was promulgated
on July 16.1982 pursuant to section 105
of the Comprehensive Environmental
Response. Compensation, and Liability
Act of 1980 ("CERCLA") and Executive
Order 12316. as amended by the
Superfund Amendments and
Reauthonzation Act of 1986 (SARA).
  CERCLA requires that the NCP
include a list of national priorities
among the known releases or threatened
releases of hazardous substances.
pollutants, and contaminants throughout
the United States, and that the list be
revised at least annually. The National
Priorities List (NPL). initially
promulgated as Appendix B of the NCP
on September 6.1983 (48 FR 40658).
constitutes this list and meets those
requirements.
  This notice solicits comments on a
proposed policy for placing on the NPL
sites located on Federally-owned
facilities that are subject to the
corrective action authorities of the
Resource Conservation and Recovery
Act (RCRA). These NPL sites may
encompass the entire Federal facility or
portions of it depending on the size and
characteristics of the facility.
DATE: Comments may be submitted on
or before June 12.1987.
ADDRESSES: Comments may be mailed
to Stephen Lingle, Director. Hazardous
Site Evaluation Division (Attn: NPL
Staff). Office of Emergency and
Remedial Response (WH-548E). U.S.
Environmental Protection Agency. 401 M
Street SW.. Washington. DC 20460.
FOR FURTHER INFORMATION CONTACT:
C. Scott Parrish, Hazardous Site
Evaluation Division, Office of
Emergency and Remedial Response
(WH-548E). U.S. Environmental
Protection Agency, 401 M Street. SW..
Washington. DC 20460. Phone (800) 424-
9346 (or 382-3000 in the Washington.
DC, metropolitan area).
SUPPLEMENTARY INFORMATION:

Table of Content!
I. Introduction
II. Contents of This Proposed Policy
I. Introduction

  Pursuant to section 105 of the
Comprehensive Environmental
Response. Compensation, and Liability
Act of 1980.42 U.S.C. sections 9601-9657
("CERCLA or the Act"), and Executive
Order 12316 (46 FR  42237, August 20.
1981). the Environmental Protection
Agency ("EPA" or "the Agency")
promulgated the revised National Oil
and Hazardous Substances Contingency
Plan f"NCP"). 40 CFR Part 300. on July

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17992
Federal Register /  Vol. 52. No. 92  / Wednesday.  May 13. 1987 / Proposed Rules
16.1982 (47 FR 31180). EPA promulgated
further revisions to the NCP on
September 18.1985 (50 FR 37624) and
November 20.1985 (50 FR 47912). These
amendments to the NCP implemented
responsibilities and authorities created
by CERCLA to respond to releases and
threatened releases of hazardous
substances, pollutants, and
contaminants.
  Section 105(8)(A) of CERCLA requires
that the NCP include criteria for
determining priorities among releases or
threatened releases throughout the
United States for the purpose of taking
remedial or removal action. Removal
action involves cleanup or other actions
that are taken in response to releases or
threats of releases on a short-term or
temporary basis (CERCLA section
101(23)). Remedial action tends to be
long-term in nature and involves
response actions which are consistent
with a permanent remedy for a release
(CERCLA section 101(24)). The Agency
developed the Hazard Ranking System
(MRS) to implement section 105(8)(A).
The HRS was codified as Appendix A of
the NCP.
  Section 10S(8)(B) of CERCLA requires
that the statutory criteria described in
the HRS be used to prepare a list of
national priorities among the known
releases or threatened releases
throughout the United States. The list.
which is Appendix B of the NCP. is the
National Priorities List (NPL). Section
105(8)(B) also requires that the NPL be
revised at least annually. An initial NPL
of 406 sites was promulgated on
September 8,1983 (48 FR 40658). The
NPL has been amended several times
since then. Currently, there are 703 sites
on. and 248 sites proposed for. the NPL.
  Under section 300.58(a) of the NCP. a
site must be on the NPL if a remedial
action is to be financed by the
Hazardous Substances Superfund set up
under the Superfund Amendments and
Reauthorization Act of 1986 (SARA)
(this supersedes the Hazardous
Response Trust Fund originally set up
under CERCLA). CERCLA section
lll(e)(3) prohibits the use of the Fund
for remedial actions at Federal facilities.
However, pursuant to section
300.66(e)(2) of the NCP. the Agency can
place Federal facility sites on  the NPL.
The Agency decided to place Federal
facility sites on the NPL in order to
inform the public about responses
undertaken at facilities (50 FR 47931.
November 20. 1985). Currently, 48
Federal facility sites have been proposed
for the NPL.
II. Contents of This Proposed Policy
  Today's proposal would allow
including on the NPL Federal facility
                         sites that may be subject to the
                         corrective action authorities of the
                         Resource Conservation and Recovery
                         Act (RCRA).
                           When the initial NPL was
                         promulgated,  the Agency announced
                         certain eligibility policies relating to
                         sites that might qualify for the NPL One
                         of these policies was that RCRA
                         "regulated units"—i.e., land disposal
                         units that received hazardous waste
                         after the effective date of the RCRA
                         land disposal regulations (48 FR 40962.
                         September 8.1983)—would not be
                         included on the NPL On April 10,1985
                         the Agency proposed a revision of that
                         policy based upon expanded RCRA
                         authorities enacted as part of the
                         Hazardous and Solid Waste
                         Amendments of 1984 (50 FR 14117, April
                         10.1985).
                           On June 10.1986 (51  FR 21057). EPA
                         announced several components of a
                         final policy for placing non-Federal
                         RCRA-related sites on the NPL In
                         general, a listing of non-Federal sites
                         with releases that can  be addressed
                         under the expanded RCRA Subtitle C
                         corrective action authorities will be
                         deferred. The Agency stated, however,
                         that certain sites subject to Subtitle C
                         corrective action requirements should
                         be listed if they have an HRS score of
                         28.50 or greater and meet at least one of
                         the following  criteria: (1) Facilities
                         owned by persons who are bankrupt: (2)
                         facilities that  have lost RCRA interim
                         status and for which there are
                         additional indications  that the owner or
                         operator will be unwilling to undertake
                         corrective action: and  (3) sites, analyzed
                         on a case-by-case basis, whose owners
                         or operators have shown an
                         unwillingness to undertake corrective
                         action.
                           At that time, EPA also announced that
                         it would consider, at a later date.
                         whether this revised policy should apply
                         to Federal facilities (51 FR 21059. June
                         10.1986). Subsequently, the Agency has
                         analyzed the appropriateness of
                         deferring the listing of Federal facility
                         sites which may be subject to RCRA
                         corrective action. In its deliberations,
                         EPA considered the  policy announced
                         on March 5.1986 (51 FR 7722)
                         concerning RCRA corrective action at
                         Federal facilities with  RCRA operating
                         units. Specifically, the policy stated that:
                         (1) RCRA section 3004(u) subjects
                         Federal facilities to corrective action
                         requirements to the same extent as
                         pnvately owned or operated facilities
                         and (2) the definition of a Federal
                         facility boundary is equivalent to the
                         property-wide definition of facility at
                         privately owned or operated facilities.
                           The Agency has determined that the
                         vast majority of Federal facility sites
that could be placed on the NPL have
RCRA regulated units within the Federal
facility property boundary. Therefore.
stnct application of the March 5,1988
boundary policy and the June 10,1986
deferred listing policy would result in
placing very few Federal facility sites on
the NPL The Agency believes that this
would be inconsistent with the spirit
and Intent of Section 120 of SARA. The
Statute and its legislative history
indicate that Congress intended the
Agency  to place Federal facility sites on
the NPL and to effect cleanup at those
sites. Section 120(a) provides thai:
[a|ll guidelines, rules, regulations, and criteria
which are applicable to *  * * inclusion on
the National Priorities List * *  * shall also
be applicable to facilities which are owned or
operated by a department, agency, or
Instrumentality of the United Slates in the
same manner and lo the extent  as such
guidelines, rules, regulations, and criteria are
applicable to other facilities.

  Section 120 of SARA also  contains
requirements for assessing releases at
Federal  facilities, placing them on the
NPL and effecting remedial  actions at
those sites that qualify for the NPL In
the floor debates. Senator Robert T.
Stafford explained section 120 as
follows:
 Second, the amendments require a
comprehensive nationwide effort to identify
and assess all Federal hazardous waste sites
that warrant attention * *  *. The legislation
• *  * requires that any Federal facility that
meets the criteria applied to private sites
listed on the national priorities  list [NPL|
must be placed on the NPL	Cong.
Rec. S. 14902 (daily ed.. Oct 3.1986).

  If the revised RCRA policy that is
applicable to non-Federal sites were
applied  to Federal facility sites, the
purposes of section 120 would be
frustrated.
  Given that Congress clearly
contemplated that Federal facility sites
would be placed on the NPL the Agency
interprets these provisons of section 120
to mean that the criteria to list Federal
facility sites should not be more
exclusionary than the criteria to list non-
Federal  sites on the NPL Key elements
of the of the current policy for listing
non-Federal  sites subject to  RCRA
corrective action requirements include
whether the owner or operator has filed
bankruptcy or clearly demonstrated
unwillingness to comply with applicable
RCRA requirements or regulations.
Since bankruptcy  proceedings are not
applicable to Federal agencies and
unwillingess to comply with Federal
laws is an unlikely occurrence.
application of the non-Federal facilities
policy for listing RCRA sites would
result in listing very few Federal sites.

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               Federal  Register  /  Vol. 52. No. 92 / Wednesday.  May 13.  1987 / Proposed Rules
                                                                     17993
 Thus, in order to treat Federal and non-
 Federal sites equally, as required by
 SARA section 120. the Agency believes
 that the RCRA status of the site should
 not be considered in the decision to
 place a Federal facility site on the NPL
  The Agency believes that placing
 RCRA-related Federal sites on the NPL
 will also serve the purpose originally
 intended by section 300.66(e){2) of the
 NCP—to advise the public of the status
 of Federal government cleanup efforts.
 (50 FR 47931. November 20.1985). In
 addition, listing on the NPL will help
 other Federal agencies set priorities and
 focus cleanup efforts on those sites
 which present the most serious
 problems.
  The  policy proposed today does not
 restrict the use of either RCRA
 corrective action or enforcement
 authorities to achieve cleanup at Federal
 facilities. EPA is in the process of
 developing regulations for corrective
 action under RCRA and for cleanup of
 Superfund sites under the National
 Contingency Plan. The cleanup goals
 established in those regulations will be
 consistent with each other, within the
 limits of each statute, and it is EPA's
 expectation that remedies selected and
 implemented under CERCLA will
generally satisfy the RCRA corrective
 action requirements, and vice versa.
  EPA solicits comments on the
 appropriateness of placing on the NPL
 Federal facilities that may be subject to
RCRA corrective action  authorities.
Comments should be submitted to
Stephen Lingle. Director. Hazardous Site
Evaluation Division (Attn.  NPL Staff).
Office of Emergency and Remedial
Response (WH-548E) U.S.
Environmental Protection Agency. 401M
Street. SW.. Washington. DC 20460. not
later than June 12.1987.

  Dated: May 6.1987.
|.W. McGraw.
Acting Assistant Administrator. Office of
Solid Waste and Emergency Response.
|FR Doc. 87-10910 Filed 6-12-87: 8:45 am]
BILUNOCODE 6860 SB M
 40 CFR Part 440

 (OW-FRL-3199-61
 Ore Mining and Dressing Point Source
 Category; Gold Placer Mining; Effluent
 Limitations Guidelines, Pretreatment
 Standards and New Source
 Performance Standards; Second
 Notice of New Information; Request
 for Comment and Extension of
 Comment Period
 AGENCY: Environmental Protection
 Agency (EPA).
 ACTION: Extension of comment period.

 SUMMARY: On March 24.1987 (52 FR
 9414) EPA published a Notice of
 Availability of New Information and
 Request for Comment under the Clean
 Water Act to limit effluent discharges to
 waters of the United States from
 facilities engaged in placer gold mining
 operations (52 FR 9414). EPA is
 extending the period for comment on the
 proposed regulation from May 11.1987
 to June 25.1987.
 DATE: Comments on the Notice of
 Availability of New Information for the
 placer gold mining subcategory must be
 submitted to EPA by June 25.1987.
 ADDRESSES: Send comments to William
 A. Telliard. Industrial Technology
 Division (WH-552), Environmental
 Protection Agency. 401 M Street. SW..
 Washington. DC 20460. Attention ITD
 Docket Clerk. Proposed Placer Cold
 Mining. The supporting information and
 all comments on this proposal are
 available for inspection and copying at
 the EPA Public Information Reference
 Unit in Washington. DC. Room 2404
 (Rear) PM-213; at the EPA Library in
 Seattle: at the EPA Alaska office in
 Anchorage: and at the Alaska
 Department of Environmental
 Conservation office in Fairbanks.
 Alaska. The comments will be added to
 the record as they are received. The
EPA Information Regulation (40 CFR
 Part 2) provides that a reasonable fee
 may be charged for copying.
FOR FURTHER INFORMATION CONTACT:
 Willis E. Umholtz (202) 382-7191.
SUPPLEMENTARY INFORMATION: On
March 24.1987 EPA published a Notice
 of New Information which announced
 the availability for public review and
 comment of new technical and economic
 data and reports which EPA will utilize
 in promulgating final effluent limitations
 guidelines and standards for the placer
 gold mining industry (52 FR 9414). The
 notice stated that comments on the new
 information were to be submitted on or
 before May a 1987.
  The Agency has received numerous
 requests from members of the placer
 gold mining industry, representatives of
 the State of Alaska, and others
 interested in this proposed regulation
 that additional comment time be granted
 to allow them to comment fully and to
 supply data to support their comments.
 Given the remote and sometimes
 inaccessible locations of many of those
 who wish to comment on the issues
 raised in the notice, the consequent
 difficulties  they face in submitting
 comments,  and the complexity of issues
 raised by this rulemaking. EPA has
 determined that it is necessary to  extend
 the comment period 45 days to June 25.
 1987. This will allow the public adequate
 time to review and  comment on the
 issues raised by the notice.
  Dated: May 7.1987.
 Lawrence}. lenaen,
Assistant Administrator. Office of Water.
 (FR Doc. 87-10911 Filed 5-12-87; 8:45 am)
HUHM COM 6SW-IO-M
FEDERAL COMMUNICATIONS
COMMISSION

47 CFR Part 73

(MM Docket No. 87-26]

Concerning  Alternatives to the
General Fairness Doctrine Obligations
of Broadcast Licensees

AGENCY: Federal Communications
Commission.
ACTION: Proposed Rule: extension of
time for filing comments.

SUMMARY: The FCC gives notice that the
Commission  granted a motion for

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Thursday
June 4, 1987
Part II


Environmental

Protection Agency

40 CFR Part 372
Toxic Chemical Release Reporting;
Community Right-To-Know; Proposed
Rule

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21152
Federal Register / Vol 52.  No. 107 /  Thursday.  June 4.  1987 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 372
[OPTS-400002, FRL-31S3-9]

Toxic Chemical Release Reporting;
Community Right-To-Know

AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.	

SUMMARY: This proposed rule publishes
the uniform toxic chemical release
reporting form as required by section
313 of Title III of the Superfund
Amendments and Reauthorization Act
of 1986. Section 313 requires that owners
and operators of certain facilities that
manufacture, import, process, or
otherwise use certain toxic chemicals
report annually their releases of those
chemicals to any environmental media.
DATE: Written comments on this
proposed rule should be submitted by
August 3,1987.
ADDRESS: Comments should bear the
docket control number OPTS-400002
and should be submitted to: TSCA
Public Information Office (TS-793),
Office of Toxic Substances.
Environmental Protection Agency. Rm.
NE-G004. 401 M St.. SW.. Washington.
DC 20460.
FOR FURTHER  INFORMATION CONTACT:
Edward A. Klein, Director. TSCA
Assistance Office (TS-799). Office of
Toxic Substances. Environmental
Protection Agency. Rm. E-543.401 M St.
SW.. Washington. DC 20460. (202-554-
1411).
SUPPLEMENTARY INFORMATION:

I. Authority
   The Agency is proposing this rule
pursuant to sections 313 and 328 of Title
III of the Superfund Amendments and
Reauthorization Act of 1986. Pub. L. 99-
499. Title HI is also cited as "The
Emergency Planning and Community
Right-To-Know Act of 1986." Section 313
of Title III requires owners and
operators of covered facilities to report
annually their releases of listed toxic
chemical substances. Section 313 also
 specifies that EPA must publish a
 uniform toxic chemical release form by
 June 1.1987. Section 328 provides EPA
 with the authority necessary to
 promulgate such regulations as may be
 necessary to  cany out  the purposes of
 Title III.
 II. Background
 A. Overview of Section 313
   On October 17.1986. the President
 signed into law the Superfund
                       Amendments and Reauthorization Act
                       of 1988 (SARA). Pub. L. 99-499. The
                       major function of this legislation is to
                       amend and reauthorize provisions of the
                       Comprehensive Environmental
                       Response. Compensation, and Liability
                       Act of 1980 (CERCLA). However. Title
                       III of SARA is a free-standing statute
                       (not part of CERCLA) that is itself titled
                       "The Emergency Planning and
                       Community Right-To-Know Act of 1986."
                       In general. Title III contains authorities
                       relating to emergency planning,
                       emergency notification, community
                       right-to-know on chemicals, and a toxic
                       chemical release inventory.
                         The focus of this proposed  rule is the
                       toxic chemical release inventory
                       provision contained in section 313 of
                       Title III. Section 313 requires  owners
                       and operators of certain facilities that
                       manufacture, process, or otherwise nse a
                       listed chemical to report annually their
                       releases of such chemicals to the
                       environment. The reports are to be sent
                       to both EPA and the State in  which the
                       facility is located. The basic purpose of
                       this provision is to make available to the
                       public information about total annual
                       releases of toxic chemicals from
                       manufacturing facilities in their
                       community.
                         For emissions reporting purposes.
                       section 313(c) mandates an initial list of
                       'Toxic Chemicals Covered" that is
                       composed of 329 entries, including 20
                       categories of chemicals. This list ia a
                       combination of lists of chemicals used
                       by the States of Maryland and New
                       Jersey for emissions reporting under
                       their individual right-to-know laws.
                       Section 313 (d) and  (e) authorize the
                       Administrator to modify by rulemaking
                       the list of "toxic chemicals covered"
                       either as a result of EPA's self-initiated
                       review or in response to petitions. For
                       more information on EPA's policy and
                       guidance with respect to such petitions
                        see the notice published in the Federal
                        Register of February 4.1987 (52 FR 3479).
                          Section 313(g) specifically requires
                        EPA to publish a uniform toxic chemical
                        release reporting form by June 1.1987. If
                        such a form is not published, then
                        owners and operators must report by
                        letter and include the specific
                        information identified in section 313(g).
                          As part of the community  right-to-
                        know emphasis of Title III, section 313
                        requires EPA to make the emissions-
                        related information available to the
                        public. In particular, section 313(i)
                        requires EPA to develop a computer
                        data base containing this toxic chemical
                        release information and to make it
                        accessible by telecommunications on a
                        cost reimbursable basis.
                          Covered facilities are also required to
                        submit a copy of the Section 313 report
to the State. Some States may choose to
have their State Emergency Response
Commission (as established under
section 301  of Title III) be the focal point
for receipt and management of these
reports. Under Title III these
Commissions are designated as
recipients of reports and notifications
required by sections 302. 304. 311 and
312. However,  section 313 does not
designate any specific agency as the
recipient of the reports submitted to the
States. Therefore, some States may
choose to direct such  reporting to their
environmental or public health
departments. Whatever the decision.
States also have a responsibility under
Title in to make this information
available to the public.
  Section 313(h) states that the toxic
chemical release information reported to
EPA and the States is intended to
provide information to Federal. State.
and local governments and the public,
including citizens of communities
surrounding covered  facilities. To the
extent consistent with trade secret
considerations in section 322, the
information reported is intended to
inform persons about releases of toxic
chemicals to the environment. The
information is also intended to assist
government agencies, researchers, and
other persons  in the conduct of research
and data gathering: to aid in the
development of regulations, guidelines,
and standards: and for other similar
purposes.
B. Summary of Public Participation

   EPA held pre-proposal public
 meetings on January 8 and 9,1987 to
 discuss the section 313 reporting form
 and related reporting requirements. Prior
 to these meetings, EPA made materials
 available to the public which included a
 draft form with instructions, a draft
 paper that discussed form-related
 issues, a paper describing an exercise
 conducted by EPA staff to test various
 potential versions of a reporting form,
 and a copy of section 313.
   More than 100 persons, representing a
 wide range of interests, attended the 2
 days of public meetings. The discussion
 at the meetings focused on the potential
 reporting elements that the form could
 contain and the associated reporting
 issues. Comments received during these
 meetings proved valuable in shaping the
 proposed requirements depicted in this
 proposed rule. The docket for this
 rulemaking contains comments received
 at these meetings as well as written
 comments received at, and subsequent
 to. the public meetings.
   In addition to the  public meetings
 described above. EPA staff have met,

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                Federal Register / Vol 52. No. 107 / Thursday, June 4.  1987 / Proposed Rules
                                                                    21153
upon request, with representatives of
companies and trade associations likely
to be affected by the rule, with
representatives of public interest groups.
and with State government
representatives. Summaries of such
meetings are also available for review in
the public docket.

HI. Chemicals Covered by the Proposed
Rule

A. The Mandated List of Chemicals
  Section 313(c) of Title III states that
the toxic chemicals subject to the
requirements of the section are those
chemicals on the list in Senate
Environment and Public Works
Committee Print No. 99-169. including
any revisions to this list made by EPA.
The list in the above-referenced
Committee Print contains 309 entries.
with associated Chemical Abstracts
Service (CAS) registry numbers, plus 20
additional category entries (without
specific CAS numbers).
  Subpart C of this proposed rule
contains those chemicals and categories.
Specifically, { 372.45 of Subpart C
contains the chemicals and categories
organized in several different ways. The
entries that have CAS numbers are
listed twice. One list is in alphabetical
order and the second list is in CAS
number order. These chemical entries
are presented in this manner so that
persons who must refer to the list may
more easily locate a chemical they
manufacture, process or otherwise use.
A third list contains the chemical
categories, which are arranged in
alphabetical order.
  The effective date column in the
listings refers to the beginning calendar
year for which release data are to be
reported. This proposed rule contains
the initial listing of the chemicals.
Therefore, all chemicals have an
effective date of January 1,1987. If EPA
adds a  chemical to the list, the effective
date column will contain a date
corresponding to  the first calendar year
for which release data are to be
reported, in accordance with section
313(d)(4) of Title III.

B. Proposed Technical Modifications to
the List
  EPA is proposing to incorporate
certain technical modifications and
clarifications to the list of chemicals and
chemical categories.
  1. Duplicative Listings Relating  to
Compounds. Upon reviewing the
Committee Print. EPA noted that certain
of the listed chemical categories appear
to be duplicated in the CAS number
specific list. For example. "Copper and
compounds" appears with the CAS
number 7440-50-6 and "Copper
compounds" also appears as a chemical
category listing. The reason for the
apparent duplication is that the
Committee Print listed the parent metal,
copper, with its attendant CAS number.
This same pattern holds true for the
other metal and metal compound
listings. Therefore. EPA is proposing a
technical modification to that part of the
chemical listing containing CAS
numbers. This change removes the "and
compounds" phrase designations where
the CAS number actually refers to a
specific parent metal or other specific
category member.
  2. Basic definitions for the listed
chemical categories. The 20 chemical
categories mandated for inclusion by the
Committee Print cover a wide range of
metal-containing compounds as well as
certain organic compounds. EPA has
developed brief, proposed definitions for
each category. These definitions appear
after the listed category name in
proposed § 372.45(c). They are included
in the regulation to help clarify the basic
scope of each category for reporting
purposes.
  3. Reporting listed trade name
chemicals. Certain of the entries on the
Committee Print are product trade
names, not chemical names. For
example, the entry Parathion is a trade
name. The chemical name with the
corresponding CAS registry number is
Phosphorothioic acid. 0,0-diethyl-o-{4-
nitrophenyl) ester. EPA has received
comment stating that a company that
makes a section 313 chemical, but sells
it under a different trade name, should
not be required  to report the chemical
using its competitor's trade name. The
commenter stated that there may even
•be legal constraints to such reporting.
  EPA agrees with this comment. As a
result EPA is proposing to replace trade
name entries with the CAS prefered
chemical name. The proposed list in
§ 372.45 contains the trade name as
present in the Committee Print followed
in solid brackets by the CAS prefered
chemical name. EPA proposes that this
CAS prefered chemical name be
reported rather than the trade name.
  4. Clarification of certain qualifiers
that appear next to chemical names.
Certain of the chemicals listed in the
Committee Print have parenthetic
qualifiers listed next to them.
Commenters requested that EPA provide
some clarification or interpretation of
these qualifiers.
  Three of the metals on the list
(aluminum, vanadium, and zinc) contain
the qualifier "fume or dust". EPA
interprets this qualifier to mean that a
facility is manufacturing, processing, or
using the metal in the physical form of
fume or dust. As explained in Unit IV.C.
the proposed definition of the term
manufacture includes the generation of
a chemical as a byproduct or impurity.
In such cases, a facility should
determine if. for example, it generated
more than the 1987 threshold of 75.000
pounds per year of aluminum fume or
dust as a byproduct of its activities. If so
then the  facility must report. Similarly
there may be certain technologies in
which one of these metals are processed
m the form of a fume or dust In order to
make other chemicals or other products
for distribution in commerce. Again, if
more than the applicable threshold
quantity is processed in a year, this
triggers reporting.
  Two of the chemicals entries contain
a qualifier relating to manufacture. For
isopropyl alcohol the qualifier reads
"mfg. — strong acid process." For
saccharin the qualifier simply reads
"manufacturing." In the case of
isopropyl alcohol. EPA proposes to
interpret the qualifier to mean that only
persons  who manufacturer isopropyl
alcohol by the strong acid process
would be required to report. In the case
of saccharin, only manufactures of
saccharin would be required to report. A
facility that processes or otherwise uses
either chemical would not be required to
report for those chemicals.
  Four substances on the list are
qualified by the term "solution." These
substances are ammonium nitrate,
ammonium sulfate. sodium hydroxide,
and sodium sulfate. EPA interprets the
term "solution" to refer to the physical
state of these chemicals. Only facilities
that manufacture, process, or use these
chemicals in the form of a solution
would be required to report these
chemicals.
  The listing for phosphorus is qualified
by the term "yellow or white." This
refers to a chemical state of phosphorus
meaning that only manufacturing,
processing, or use of phosphorus in the
yellow or white states would trigger
reporting. Conversely, manufacturing,
processing, or use of "black" or "red"
phosphorus would not trigger reporting.
  The listing for asbestos is qualified by
the term "friable." This term refers to a
physical characteristic of asbestos. The
EPA interprets "triable" as being
crumbled, pulverized, or reducable to J
powder with hand pressure. Again, only
manufacturing, processing, or use of
asbestos in the friable form would
trigger reporting.

C. Authority and Mechanisms for
Changing the List

  Section 313(d) provides EPA the
authority to revise the list of chemicals.

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21154
Federal  Register / Vol 52.  No. 107 / Thursday. June 4. 1987  /  Proposed  Rules
Such revisions must be made through
notice and comment rulemaking
procedures. A chemical may be added
to the list if EPA determines that there is
sufficient evidence that the chemical
meets any one of several human health
or environmental effects criteria, as
outlined in section 313(d)(2). A chemical
may be deleted from the list if EPA
determines that there is not sufficient
evidence to establish that the chemical
meets any of the criteria.
  Proposals to add or delete chemicals
can arise from two basic activities:
either by EPA's own review of
chemicals, or through consideration of
public petitions authorized under
section 313(e). For a detailed discussion
of the petitions process and the criteria
mentioned above, refer to EPA's section
313 petitions policy notice  published in
the Federal Register of February 4.1987
(52 FR 3479).
IV. Who Must Report
  Section 313(b) provides that owners
and operators of covered facilities are
subject to the reporting requirements
contained in section 313{a). If a facility
is owned by one person but operated by
another then either person may report.
However, if a report is not submitted for
a covered facility, EPA would hold both
persons liable for any applicable
penalties under section 325 of Title III.
  Section 329(4) of Title III defines the
term "facility" as  all buildings.
equipment, structures, and other
stationary items which are located on a
single site or on contiguous or adjacent
sites and which are owned or operated
by the same person (or by any person
who controls, is controlled by. or under
common control with, such person}.
  Therefore, a facility is a broad
concept and may  include the activities
of more than one  manufacturing plant
site. One commenter stated that the
physical boundaries of their facility
would encompass five plant sites. These
sites are. for all practical purposes.
separate business units that may or may
not make, process, or use the same
chemicals. The commenter explained
that it would be difficult to develop a
single "facility" report for the purposes
of this proposed rule. One option EPA is
considering is to allow reporting by such
separate plants rather than requiring
one report that would aggregate the
emissions of the same chemical from all
plants within a facility. The major
disadvantage of this plant-specific
approach is that the Agency may lose
emissions data otherwise  captured by
the broader approach. For example.
several of the sites may process the
same listed toxic chemical but none of
them individually may meet the
                       threshold for reporting that chemical.
                       Under the aggregate facility approach.
                       the total amount processed by all such
                       sites might exceed the threshold, thus
                       triggering a report. There is also the
                       basic difficulty of consistently defining
                       the subunits for reporting. EPA is
                       requesting comment on how common
                       such multiple plant site situations are
                       within the manufacturing industry and
                       how EPA may most reasonably deal
                       with this plant site  versus facility
                       reporting issue.
                       A. Covered Facilities
                         Section 313(b) further specifies that a
                       facility is covered for purposes of
                       reporting if it meets all of the following
                       criteria:
                         The facility has 10 or more full-time
                       employees.
                         The facility is in Standard Industrial
                       Classification (SIC) codes 20 through 39
                       (as in effect on July 1.1985).
                         The facility manufactured (including
                       quantities imported), processed, or
                       otherwise used a listed chemical in
                       amounts that exceed certain threshold
                       quantities (see Unit V.A. below) during
                       the calendar year for which reporting is
                       required.
                         The statute targets facilities in the
                       manufacturing sector of the economy by
                       designating SIC codes 20 through 39. In
                       brief, a facility is considered to be
                       covered under the SIC code criteria if its
                       primary SIC code is within the 20
                       through 39 designations. A primary SIC
                       code is generally considered to be the
                       code related to the types of products
                       distributed from that facility that have
                       the highest dollar value added.
                          In addition, a facility that may not
                       consider its primary SIC code to be in
                       the 20 through 39 range. It may.
                       however, engage in 1 or more activities
                       in the SIC code 20 through 39 range, thus
                       meeting the SIC code criteria for the
                       purposes of this proposed rule. For
                       example, a large facility may consider
                       its primary SIC code to be 13. relating to
                       oil and gas extraction. However, within
                       that facility there may be specific sites
                       or other definable units engaged in
                       production of chemicals (SIC 28) or
                       refining of petroleum products (SIC 29).
                       EPA believes that it is important to
                       cover these situations where significant
                       emissions of chemicals might occur but
                       would not otherwise be reported. This
                       interpretation is also consistent with the
                       Occupational Safety and Health
                       Administration's (OSHA) intepretation
                       of facilities subject to the Hazard
                       Communication Standards.
                          At the time the legislation was
                       drafted, the most current revision of the
                       SIC code manual was actually 1972 with
                        a supplement published in 1977. EPA
interprets the parenthetical reference in
the statute to July 1.1985 to mean the
most recent update of the SIC code
system. EPA does not believe that
Congress intended the facility SIC code
designations to be frozen in time. The
Office of Management and Budget
(OMB) has updated the SIC code system
effective January 1.1987. Therefore. EPA
proposes to use this most current update
of the SIC code system and any
subsequent revisions as the basis for
facilities to determine whether they may
be subject to reporting. EPA expects that
these basic manufacturing designations
will remain relatively stable over time.
For example, in the 1987 revision there
are no basic additions, deletions, or
movements of facility types in the 20
through 39 code part (Part D—
Manufacturing) as compared with the
proceeding edition of the SIC Code
Manual.
  OMB published its final notice of
decisions regarding the SIC code manual
update in the Federal Register of
October 1.1986 (51 FR 35170). Refer to
that  notice for relevant modifications in
SIC codes 20 through 39. Also see the
Instructions for EPA Form R for
information on how to obtain a copy of
the updated SIC code manual, or check
with a local library. If a person engaged
in manufacturing activities is not
already familiar with the facility's
primary SIC code then he can contact
his trade association, legal counsel, or
the Chamber of Commerce for
assistance.
B. Modifying the Requirements for
Facilities Covered
   This proposed rule contains the SIC
code designations as present in the
statute. However, section 313(b)(l)(B) of
the statute allows EPA to modify the
requirements for facilities covered by
adding or deleting SIC codes, but only to
the extent necessary to carry out the
purposes of section 313. Also. EPA may.
at its own discretion, or at the request of
a state  governor, apply the reporting
provisions of section 313 to specific
 facilities not covered by the SIC codes
 (or other facility criteria) in accordance
 with the criteria set forth in section
 313(b)(2).
   EPA  is not proposing at this time to
 add or  delete SIC codes or make any
 individual facility designations. The
 Agency has received comments
 suggesting that certain facilities in
 segments of the economy other than
 those covered by SIC codes 20 through
 39 may release significant quantities of
 toxic chemicals covered by this
 proposed rule. Examples given are
 warehouses or other storage facilities.

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                 Federal  Register  /  Vol 52. No. 107  / Thursday,  June 4. 1987 / Proposed -Rules
 wholesale distributors of chemicals
 (where processing activities such as
 repackaging may occur), commercial
 waste treatment facilities, and some
 types of Federal facilities. EPA is
 seeking further comment on the issue of
 modifying the SIC  code coverage.
 Commenters should state specifically
 the segment of the industry they believe
 should be covered or deleted, the
 specific SIC code designation(s), and
 how the inclusion or deletion of such
 facilities is consistent with the basic
 objectives of the statute.
 C. Applicability Based on Manufacture,
 Process, or Use
  A person that determines that the
 facility meets the employment and SIC
 code  standards for being a covered
 facility must then determine if the
 facility manufactures, processes, or
 otherwise uses a listed toxic chemical in
 excess of certain annual threshold
 quantities (see Unit V for these
 threshold values). Section 313(b)(l)(Q
 contains definitions for the terms
 "manufacture" and "process."
  1. Manufacture. As defined by the
 statute, the term "manufacture" means
 to produce, prepare, import, or
 compound a toxic chemical.
  It is important to note that the term
 manufacture includes importation.
 Commenters requested clarification as
 to whether all importers of listed toxic
 chemicals are subject to reporting.
 Inclusion of the term import in the
 manufacture definition equates the
 action of importing with that of
 producing the same chemical. It does not
 directly define a "person" subject to
 reporting. The determining factor is
 whether the facility receiving the
 imported chemical  falls within the SIC
 code 20 through 39  range. For example, a
 company that is primarily an import
 agent may not be subject because its
 facility may not be classified in the
 covered SIC codes. On the other hand, a
 chemical manufacturing facility that
 orders and receives a chemical
 substance from a foreign supplier (either
 directly or through  an agent) would most
 likely be subject to reporting.
  EPA wishes to clarify another point
 relating to quantities imported and the
 threshold determinations. If a facility
 both makes and imports the same
 covered chemical in the same year, then
 the  facility  would add those quantities
 together when making the
 manufacturing threshold determination.
  EPA is proposing to further interpret
the  statutory definition of
"manufacture" to include coincidental
production  of a toxic chemical (e.g., as a
byproduct or impurity) resulting from
the  manufacture, processing, use or
 disposal of other chemical substances.
 EPA believes that significant quantities
 of listed toxic chemicals can be
 produced as byproducts or impurities. If
 that chemical is produced comcidentally
 in quantities that exceed the specified
 thresholds under section 313. then it is
 important to account for releases of that
 toxic chemical to the environment in the
 same way as a person would account
 for the releases associated with
 producing that chemical as a
 commercial end product.
  2. Process. As defined by the statute,
 the term "process" means the
 preparation of a toxic chemical after Its
 manufacture for distribution in
 commerce—(a) in the same form or
 physical state as. or in a different form
 or physical state from, that in which it is
 received by the person so preparing
 such substance, or (b) as part of an
 article containing the toxic chemical.
  In general, processing includes making
 mixtures, repackaging, or use of a
 chemical as a feedstock, raw material,
 or starting material for making another
 chemical. Processing also includes
 incorporating a chemical into an article.
  EPA also interprets the term
 "process" to apply to the processing of a
 toxic chemical that is a component of a
 mixture or other trade name product.
 This would include processing of a toxic
 chemical that is an impurity in such
 product. That is, if a person is
 processing a chemical or mixture that
 contains an impurity, then the person is
 processing that impurity.
  3. Otherwise used. The statute does
 not define the term "otherwise used"
 and no guidance with respect to this
 term is provided in the legislative
 history. EPA proposes to define
 "otherwise used" as any use of a toxic
 chemical at a covered facility that is not
 an action covered by the terms
 "manufacture" or "process," and
 includes use of a toxic chemical
 contained in a mixture or trade name
 product. For example, a chemical would
 be otherwise used if it is used as a
 solvent to aid a chemical process but
 does not intentionally become part of
 the product distributed in commerce.
 Another example would be a chemical
 used as an aid in manufacturing such as
 a lubricant or metalworking fluid. Such
 uses do not fall within the definitions of
 manufacture or process.
  EPA  believes that it is necessary to
 define the term "otherwise used" to
make a distinction between processing
and other uses, primarily as they relate
 to the threshold values discussed in Unit
V. In particular, a facility that processes
a chemical has a higher threshold
assigned to it by the statute than a
facility that uses (i.e.. otherwise uses]
                                                                     21155
 that chemical. For example, a facility
 that incorporates toluene into a mixture
 for distribution in commerce is
 processing that chemical. Provided the
 facility meets the SIC code and
 employment triggers above, the facility
 must report if it processes more than
 75.000 pounds of toluene in 1987. A
 facility that "otherwise uses" toluene,
 for example to clean equipment, is not
 processing toluene. Therefore the
 threshold is use of more than 10,000
 pounds per year of toluene. EPA
 requests  comment on the proposed
 definition of "otherwise used" and its
 application in the proposed rule.
  EPA also interprets the terms
 "otherwise use" or "otherwise used" to
 include use of a toxic chemical that is a
 component of a mixture or other trade
 name product. That is. if a facility is
 using such product it is thereby using
 the toxic chemical.
  4. Determining applicability when
 mixtures or trade name products are of
 undetermined composition. Commenters
 pointed out to the Agency that
 importers, users, and processors of
 mixtures and trade name products may
 not know that they are subject to
 reporting because the composition of
 such products may not be readily
 apparent. EPA has developed a support-
 document titled "Toxic Chemical
 Release Inventory—Glossary of
 Synonyms." This document is designed
 to aid respondents in identifying the fact
 that they may be making, processing, or
 using a listed toxic chemical.
  However, the Agency realizes that the
 composition of many mixtures or trade
 name products may be considered trade
 secret by the manufacturer or supplier of
 those products. Thus the identity of
 chemicals subject to section 313
 reporting may not for example, be
 entered on the Material Safety Data
 Sheet (MSDS) for that product.
  Section 313{g)(l)(C) states that a
 person must report the information
 required for those toxic chemicals
 "known to be present at the facility." In
 those cases involving importation, use,
 or processing of products of
 undetermined composition, EPA
 believes that a facility must take
 reasonable steps to identify any
 reportable chemicals in those products.
  a. Guidance to importers, users, and
processors. EPA offers the following
 guidance for making such a reasonable
 determination relating to mixtures and
 trade name products of unknown
 composition. In this discussion the term
 user applies to importers, users, and
 processors of the product in question.
 The term supplier is used to indicate the

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Federal  Register / Vol 52.  No. 107 / Thursday. June 4. 1987  / Proposed Rules
 manufacturer or processor who
 distributed the product in commerce.
   Users meeting the SIC code and
 employment triggers should survey their
 facilities for mixtures or trade name
 products that they either use in excess
 of 10.000 pounds per year or import or
 process in excess of 75,000 pounds per
 year (the 1987 processing threshold).
   Contact the supplier of the product
 and ask if the product contains a
 chemical or chemical category members
 listed for reporting under section 313. If
"the supplier-is unaware of the reporting
 requirements, provide the supplier the
 citation to this Federal Register
 document  and follow up on the contact.
   If the supplier confirms that the
 product contains no section 313 listed
 chemical or category member, then the
 user has no further reporting
 responsibility with respect to that
 particular  product.
   If the supplier of the product refuses
 to answer the question on grounds of
 trade secret protection, the user could
 offer to enter into a confidentiality
 agreement with the supplier. If this
 approach is unsuccessful, EPA would
 consider that the user has reached the
 limit of his or her ability to reasonably
 determine the presence of a listed
 chemical in that product The user
 should, however, document his or her
 attempts to make this determination.
   If the supplier of the product confirms
 that  the product contains a listed section
 313 chemical, the user should request
 the specific identity of the listed
 chemical and the percent by weight of
 that  chemical in the product Should the
 supplier refuse to provide this specific
 identity, the user should ask for the
 generic classification name that the
 regulation assigns to that chemical (see
 proposed § 372.42 for this list of generic
 classifications to be used when a
 respondent claims specific chemical
 identity as trade secret). Disclosing this
 generic identity to the user would give
 the user enough information to make a
 minimal report. Also, it would give the
 Agency and the public at least an
 indication that the user may be emitting
 one or more listed toxic chemicals as a
 result of the facility's use. importation.
 or processing of a mixture or other trade
 name product.
   If the supplier provides the percentage
 by weight information requested, the
 user should first determine whether the
 quantity of the chemical meets the
 threshold  for reporting that particular
 listed chemical (i.e.. multiply that
 percentage by the total annual pounds
 of the product used). If an applicable
 threshold  is exceeded, that percentage
 figure would be further applied for
                       purposes of calculating emissions of the
                       listed chemical.
                         If the supplier does not or will not
                       provide the percentage composition
                       information. EPA would consider that
                       the user still has a limited responsibility
                       to report. EPA is proposing that in such
                       cases where a product is known to
                       contain a listed toxic chemical but the
                       specific composition cannot be
                       determined, the statutory thresholds for
                       reporting would apply to such mixture
                       or trade name product as a whole. Such
                       product is known to contain a listed
                       toxic chemical, .Therefore. EPA proposes
                       to err on the side of caution*because,
                       under a worst-case assumption, it is
                       possible that the product is 100 percent
                       listed toxic chemical.
                         However, because of the lack of
                       composition information, EPA considers
                       that  a user would not be able to
                       reasonably estimate the emissions of the
                       toxic chemical in question. Therefore, in
                       such cases the user would only be
                       responsible for completing sections of
                       the form that deal with facility
                       Identification, chemical identification.
                       and  use of the chemical at the facility
                       (sections I through V of the reporting
                       form). No on-site quantity information.
                       release data, or treatment-related
                       information would be required because
                       the reporter would not have the
                       information to complete those sections
                       of the form. EPA believes that both
                       government authorities and the public
                       would still benefit from knowing that
                       products containing reportable toxic
                       chemicals are being imported, used, or
                       processed at certain locations even if
                       the emissions of such chemicals are not
                       quantified.
                          If  the user is only able to determine
                       that the product contains some
                       unspecified listed chemical, the user
                       would fill in the product name in the
                       space provided on the form for chemical
                       identity. The Instructions for the form
                       provide a flow chart for determining the
                       information related to mixture and trade
                       name products that would be reported.
                          b. Guidance to producers of mixtures
                       and trade name products containing
                       listed toxic chemicals. It is obvious from
                       the above discussion that importers,
                       users, and processors of mixtures or
                       trade name products may have to do a
                       considerable amount of work to
                       determine if and what they must report
                       under section 313. As a means of
                       reducing this burden. EPA strongly urges
                       manufacturers or processors who
                       incorporate listed toxic chemicals Into
                       mixtures or trade name products to take
                       the  initiative to inform their customers
                       of the presence of section 313 chemicals
                       in those products. Such producers
                       should provide information sufficient  for
their customers to meet their
responsibilites under the statute. EPA
believes that the presence of one or
more of the section 313 toxic chemicals
in a product should be information
Incorporated into the MSDS for that
product. Such information should
include the percent composition of the
toxic chemicals in the product.
  If the producer considers that the
specific chemical identity information is
worthy of trade secret protection, then
the producer should provide customers
with enough information for those
customers to meet their minimum
reportihjfrequirement. A» discussed -
above, producers and customers could
enter into confidentiality agreements.
Alternatively, the producer could
provide the customer with the generic
classification identity of the toxic
chemical that the producer would enter
on its own report to EPA and the State
under section 313. Because the specific
chemical identity would be  masked.
providing the percentage composition
information to the customer should not.
in the Agency's opinion, jeopardize the
confidential nature of the formulation.
  c. Alternatives for developing
information about mixtures and trade
name products. EPA is considering other
means for providing users and
processors of mixtures or trade name
products with information sufficient to
comply with the law.
  One option would be to use the
general rulemaking authority of section
328 of Title III to require producers of
trade name products to notify
customers. Manufacturers, importers, or
processors of a listed substance would
be required to notify their customers
(who order 10,000 Ibs or more of the
product per year) that they are using a
product containing a section 313 listed
chemical and that they may be subject
to emissions reporting. This would at a
minimum increase the awarenesss of the
user community regarding its potential
reporting responsibility.
   A second option would be to require
these same manufacturers, importers,
and processors to report to EPA the
trade name of the products they
distribute in commerce that contain a
section 313 chemical and the percentage
by weight of the chemical in that
product Chemical identity could be
claimed trade secret EPA would then
 publish a comprehensive list of trade
 name products containing listed
 chemicals. The list would contain either
 the specific Identity or the
 corresponding generic classification
 name along with the percent  by weight
 information.

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                Federal  Register  /  Vol 52. No. 107  /  Thursday. June 4. 1987 / Proposed Rules
                                                                    21157
  A third option would be to require
producers to report to EPA the names
and addresses of customers that
purchase more than the quantity of a
product that would potentially put that
customer over the threshold for use of
the specific toxic chemical contained in
that product. For example, if a product
contains 50 percent by weight of a toxic
chemical, then the producer would
report to EPA the names and addresses
of those customers who purchase in
excess of 20.000 pounds of the product
in a calendar year.
  EPA requests comment on the issue of
reporting mixtures and trade name
products containing listed toxic
chemicals and options for providing
importers, users, and processors of such
products with the information they need
for purposes of compliance.
V. General Reporting Requirements
A. Threshold Amounts for Reporting
  Section 313(f)  establishes thresholds
for purposes of reporting toxic
chemicals. These threshold amounts
further define which owners or
operators of covered facilities must
submit toxic chemical release forms to
EPA and the States. These statutory
criteria are reflected in proposed
§ 372.12.
  1. For a listed toxic chemical that is
manufactured (including imported) or
processed. Facilities that manufacture.
or process a listed chemical must report
if they manufactured (including
quantities imported) or processed
amounts in excess of the following
thresholds for the calendar years:
1987—75,000 pounds per year.
1986—50.000 pounds per year.
1989 and thereafter—25,000 pounds per
  year.
  2. For a listed toxic chemical
"otherwise used. "The threshold amount
for a use other than manufacturing,
importing, or processing of a listed toxic
chemical is 10,000 pounds per year. A
report must be submitted if a facility
"otherwise used" the chemical in excess
of this amount during a calendar year
for which reporting is required.
  Owners or operators of facilities that
exceed any of the above thresholds are
subject to the reporting requirements
and must report all emissions of that
chemical from the facility. For example.
a company might manufacture 20.000
pounds of a listed toxic chemical and
use 15,000 pounds of that production
during a calendar year. The facility
would report because it exceeded the
use threshold quantity. The facility
would then be responsible for reporting
emissions of the chemical from the
manufacturing activity as well as the
use activity, even though the
manufacturing activity itself did not
trigger reporting.
  3. Figuring thresholds in connection
with the listed categories. Companies
that manufacture, process, or otherwise
use one or more chemicals that would
be covered by a category listing (e.g., the
company makes several copper-
containing compounds) would count the
total pounds of all such compounds in
the category for purposes of making the
threshold determination.
  4. Figuring threshold when a toxic
chemical is a mixture component. If a
toxic chemical is a component of a
mixture then the threshold would be
determined by multiplying the mass
percent of the chemical in the mixture
times  the total annual quantity of the
mixture that is used or processed. One
commenter asked whether EPA would
apply some de minimis cut-off for this
percentage in a mixture. Another
commenter suggested a 1 percent cut-off,
citing the 1 percent cut-off in EPA's
interim final rule for implementing
section 302 of Title III (51 FR 41570).
EPA is not proposing any de minimis
cut-off as part of the threshold
determination provisions of this
proposed rule. EPA believes that if a
facility can determine that it exceeds the
appropriate poundage thresholds for a
particular chemical it must report,
regardless of the mass percent value of
that toxic chemical in the mixture. For
example, a company uses 2,200,000
pounds of a mixture in a year. A
chemical is known to constitute one-half
percent by weight of that mixture. The
company has therefore used 11.000
pounds of the toxic chemical and would
thus be subject to reporting.
  5. Figuring thresholds when a toxic
chemical is recycled or reused at the
facility.  Commenters pointed out that
certain chemicals may be recycled or
otherwise reused in processes within the
facility. For example, the company uses
and recycles 15,000 pounds of a solvent
in a process. However, during any given
year they may only purchase 2,000
pounds of the solvent to replace
quantities lost or amounts of spent
solvent removed from the facility. On an
annual, "consumptive" basis one could
argue that they have not exceeded the
use threshold. Commenters questioned
how they should determine whether
they exceed the annual threshold
quantities in such cases. EPA proposes
that the quantity that must be figured is
the combination of the amount of the
chemical in the recycle or reuse activity
at the beginning of the reporting period
plus any additional quantity of the same
chemical brought on site during the year.
  6. EPA's authority to modify
thresholds. Section 313(0(2) states that
EPA may establish a different threshold
amount for a toxic chemical. However,
under the statute any revised threshold
must obtain reporting on a substantial
majority of total releases of the chemical
at all facilities subject to reporting. In
addition. EPA has some further
discretion under this paragraph to
establish different threshold amounts
based on classes of chemicals or
categories of facilities. For example, the
Agency could apply a different
threshold for reporting to the class of
metal compounds. A threshold change
based on a category of facilities could
include facilities in certain SIC codes:
facilities with a different number of full-
time employees than is specified by  the
statute; or facilities with air or water
releases above certain thresholds (e.g.,
major water dischargers or those subject
to an air permit).
  EPA is requesting comment on the
issue of whether it should or should  not
establish modified thresholds. The
Agency is interested in data that would
support the necessary finding that a
modified threshold would still generate
reporting on a substantial majority of
total releases, as the statute requires.
For example, the Small Business
Administration (SBA) has suggested that
the thresholds be modified to capture
only larger facilities (e.g., facilities with
more than 50 employees). SBA believes,
based on recent EPA studies conducted
or underway in four regions (i.e., Santa
Clara Valley. Philadelphia. Baltimore,
and Kanawa Valley), that releases from
small facilities represent a small percent
of aggregate emissions and health risks.
Consequently, this approach could
potentially capture the substantial
majority of total releases and provide
several benefits. SBA believes that this
approach could allow EPA. States, and
the facilities to concentrate resources on
estimating releases of concern, reduce
implementation problems, and provide
more time for EPA to develop a quality
data base and refine its guidance for
small business. Under SBA's approach.
EPA, after a review of the first year or
two of data, could then decide whether
the thresholds need to be modified and
whether additional simplified guidance
for smaller facility reporting is
warranted. As an alternative to
exempting small firms from reporting in
the first two years, SBA recommends
that EPA consider the option of
requiring small firms to report only  the
production/use figures and to indicate
whether there are releases (above de
minimis levels) to air,  land, and water.

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Federal  Register / Vol 52,  No. 107 / Thursday. June 4. 1987 / Proposed Rules
  EPA is interested in obtaining
comment on these options but has not
adopted them at this time, because the
Agency believes that the data SBA
referenced are not sufficient to support
nationwide regulations. EPA believes
that, given currently available
information, any consideration of
modified thresholds would need to be
based upon the level of reporting
realized over the first few years of
implementation of this regulation. Such
data are needed so that EPA can assess
whether modifications of thresholds will
allow EPA to meet the statutory
requirement that a majority of release
data would be submitted.
B. Frequency of Reporting and
Reporting Deadlines
  Section 313(a) establishes that the
first reporting deadline is July.l. 1988.
for releases of toxic chemicals that
occurred during calendar year 1987.
Also, section 313(a) establishes that
persons subject must report annually
thereafter on or before July 1 for
releases of toxic chemicals that
occurred during the preceding calendar
year. Proposed § 372.15 incorporates
these requirements without
modification.
VI. Form and Specific Reporting
Requirements
  Section 313(g) requires EPA to publish
a uniform toxic chemical release
reporting form not later than June 1.
1987. If EPA had not published the form
contained in this proposed rule, owners
or operators of covered facilities would
have  been required to report to EPA and
the appropriate State by letter and
include the information as required in
section 313(g)(l).
  Section 313(g)(2) permits owners and
operators of covered facilities to use
readily available data  (including
monitoring data) that were collected
pursuant to other provisions of law to
provide the information required by the
reporting form. When such data are not
available, reasonable estimates of the
quantities involved must be developed.
Section 313 does not require additional
monitoring or measurement of
quantities, concentrations, or frequency
of any listed chemical  beyond that
monitoring and measurement required
under other provisions of law or
regulation.
  In addition  to the instructions in this
proposed rule. EPA has developed a
support document titled "Guidance For
Determining Releases  And Waste
Treatment Efficiency For The Toxic
•Chemical Release Inventory Form." That
document contains detailed technical
guidance for calculating the amount of a
                       toxic chemical emitted into the
                       environment and the efficiency of the
                       treatment methods used in connection
                       with the chemicals being reported. EPA
                       is requesting comment on this document.
                       To obtain a copy of the guidance
                       document contact the address provided
                       under the heading "FOR FURTHER
                       INFORMATION CONTACT."
                         In general, the form is designed for
                       multiple chemical submissions. Page 1 of
                       the form contains all the facility related
                       data and other common information
                       elements. The remaining pages of the
                       form are chemical-specific. Therefore, if
                       a company must report on more than
                       one chemical they will only have to fill
                       out one copy of the first page of the
                       form. They would then copy the already
                       completed first page and attach it to as
                       many sets of the remaining pages of the
                       form as are necessary to cover the
                       specific chemicals they are reporting.
                         In the event that the Agency does not
                       issue a final rule by December 31.1987.
                       the form and instructions published here
                       must be used for the purposes of
                       reporting 1987 data.
                         Subpart D of the proposed regulatory
                       text contains the reporting form and
                       instructions. The following is a general
                       discussion of the information that the
                       statute requires to be reported, how EPA
                       has interpreted the requirements for this
                       proposed rule, and how such
                       interpretation is reflected in the
                       proposed reporting form and
                       instructions.
                       A. Certification Statement
                         Section I of the proposed form
                       includes a statement that the
                       information provided is accurate and
                       complete. As required by the statute, the
                       statement is to be signed by a senior
                       official with management responsibility
                       for the person  or persons completing the
                       form for that facility.
                         If the identity of a chemical or
                       chemical category being reported is
                       claimed a trade secret this certification
                       also applies to the trade secrecy claim
                       and the explanation that must
                       accompany such claim. See Unit Vn of
                       this preamble for a specific discussion of
                       trade secrecy claims and the required
                       explanation to be submitted with such
                       claims.
                         Regarding such senior management
                       official. EPA received a comment that
                       the term "official" is ambiguous and
                       could be interpreted to mean an officer
                       of the company, hi many large
                       corporations there are only a few
                       officers and actual management
                       authority may vary from corporation to
                       corporation. The commenter
                       recommends modifying the language to
                       read "an authorized representative with
management responsibility...." The
legislative history does not provide
significant direction on this issue other
than to state that the purpose of the
certification requirement is  to assure
that a senior management official
review the report for accuracy and
completeness. EPA does not intend to
modify the terminology prescribed by
the statute.  However, the report is
facility-specific. Therefore EPA
interprets that such official could be the
facility manager (rather than a corporate
officer) or, for example, the manager of
environmental programs for the facility
or for the corporation responsible for
certifying similar reports under other
environmental regulatory requirements.

B. Facility Identification'
  Section II of the form would require
specific information about the reporting
facility.
  1. Facility location. Each submission
would specify the  facility's name and
address. In  addition. EPA proposes to
require the  facility's Dun and Bradstreet
Number and. if applicable,  its EPA
identification number. This EPA
Identification number is also commonly
referred to  as the RCRA I.D. number. It
is a facility-specific number (generally
based on the Dun's number) that is
assigned to the  facility by EPA or  the
State for purposes of reporting under
hazardous waste regulations. These
numbers can be used as geographic
locators. They would be required in part
so that EPA can verify the actual
physical location of the facility where
the releases of toxic chemicals occur
not the company's headquarters, its
administration building, or its post office
box. These identifiers will also aid both
regulatory authorities and the public in
cross-referencing  and analyzing existing
data from the same facility.
   2. Technical contact. The proposed
form would require the designation of a
technical contact  who can clarify  or
supplement the information in the
submission. This person's name.
address, and telephone number would
be provided. EPA believes that the
designation of a technical contact will
greatly facilitate follow-up by EPA.
States, or local  governments, and by
members of the public.
   3. Permit numbers. EPA proposes to
require inclusion of the facility's permit
number issued  under the National
Pollutant Discharge Elimination System
(NPDES). Representatives of public
interest groups and State governments
commented that the availability of this
permit number  in  the data  base would
enhance the public's ability to obtain
further information regarding the

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                                                                      21159
facility, particularly its emissions to
water. Industry representatives
indicated that the NPDES permit number
is a well known piece of information to
any potentially covered facility and that
there was generally only one such
permit number applicable to a facility.
While the Agency had some concern
about the duplicative nature of including
this reporting element. EPA believes that
it will be useful to the public and will
represent only a very minor incremental
increase in the reporting burden.
  EPA  is also proposing to ask for the
name of the receiving water body as
reported on the NPDES permit. This
should be the receiving stream that
directly receives  the wastes and not
rivers or bodies of water that receive
wastes indirectly downstream. Having
the name of the receiving stream
enhances use of the data, for example,
by allowing EPA or States to model in-
stream concentrations of a chemical
from knowledge of the discharge point.
Communities could use the information
to determine whether a discharge is
upstream of drinking water intakes.
  Another facility-specific permit
number that would be required is the
Underground Injection Control (UIC)
Identification number. This permit
number relates to Class 1 deep well
injection of hazardous or other wastes
under authority of the Safe Drinking
Water  Act. Like the NPDES permit
number, this is a well-known facility-
specific permit number and providing it
on the  form will give the public a direct
lead to valuable  information about this
type of release to land.
  EPA also considered requiring specific
air quality related permit number
information. However, there may be a
multitude of such numbers per facility
based on a variety of Federal, State, and
local government regulatory
requirements. The problem with air
permit numbers led the Agency to  an
alternative approach. In the release
section of the form, EPA is proposing to
require a "yes" or "no" indication  of
whether the chemical is specifically
covered by provisions of an air quality
permit. This information will at least
provide interested users of the data with
an indication that further information on
such release may be obtained by
reviewing such permits. As described in
Unit VI.G. below a similar approach to
permit indication is  followed with
respect to releases to water and land.
As indicated above, the facility  will
have effectively  provided a permit
number for on-site land related
treatment and disposal of hazardous
wastes containing the toxic chemicals
by providing the EPA I.D. number and
the UIC Identification number.
  4. SIC codes. To identify the principal
business activity at the facility, as
required by the statute. EPA proposes to
require the primary four-digit Standard
Industrial Classification (SIC) code that
applies to the facility. Also, the facility
would, if applicable, supply up to two
additional four-digit manufacturing SIC
codes within the SIC 20 through 39 range
that relate to the facility's
manufacturing, processing, or use of the
chemicals being reported. These SIC
codes can. in a very basic sense, be used
to verify that the facility is subject to the
section 313 reporting requirements.
Moreover, classification by SIC code
will allow the data obtained from these
forms to be analyzed by industrial
activity.
  5. Parent company name. Commenters
expressed the need to be able to identify
the parent company of the reporting
facility. In the view of the commenters.
such information would enhance the
public's knowledge about the facility,
especially in cases where the facility
name itself may give no indication of its
connection with a larger, national or
international corporate entity. EPA
agrees that such information could be
valuable to users of the data for
purposes of comparative analysis of
industry activities. EPA also sees this
element as a means of verifying the
"person" subject to reporting, i.e.. the
owner or operator of the facility as the
language of the statute prescribes.
Therefore, EPA proposes to require the
submitter to include the name of the
facility's parent company and that
company's Dun and Bradstreet number.
EPA believes that this will be
information readily available to the   .
facility and will represent only a minor
incremental increase in the reporting
burden.
C. Identification of Off-Site Locations to
 Which Toxic Chemicals are Transfered
   EPA is also proposing to require the
submitter to provide the name and the
address of any off-site waste treatment,
storage, or disposal facility to which
wastes containing the chemical are sent.
This information would be entered on
the first page of the form (form section
HI). This information is placed on the
first page of the form so that
respondents will not have to repeat this
 same information for  each chemical they
 may be reporting. When the actual
 chemical-specific releases are reported
 in a later section of the form (see Unit
 VI.G.4. below) the submitter would only
 need to provide a reference to that off-
 site location as explained in the
 Instructions.
  EPA believes that this off-site location
information will greatly enhance the
public's understanding of the locations
of the toxic chemicals in a community
and will complete the picture of waste
related releases of a chemical from a
facility.
  This information should be readily
available to the submitter, and EPA
does not believe that entering such
information on the form will pose a
significant additional burden. EPA is
requesting comment on this issue of
providing off-site location information.
  For each off-site location, except a
publicly owned treatment works
(POTW), EPA proposes to ask whether
that location is under the management
or control of the reporting facility, or
under the management or control of that
facility's parent company. EPA believes
that this information will give users of
the data an important indication of the
relative level of responsibility for the
ultimate disposition of  the chemical in
the environment. Again, such
information is likely to be readily
available to submitters.
  EPA is also proposing to require
information on how such location is
handling the waste containing listed
chemicals (e.g.. deep well injection.
landfill), and, if known, how the waste
may be further treated  at such locations.
EPA and other users of the data would
then be able to better evaluate whether
the chemical in the waste would end up
as a release,  and the likely form of that
release. EPA realizes that treatment
information may not in some cases be
readily available to the submitter.
Therefore, the submitter would be
required to enter this information on the
form only if it is readily available
information known to the submitter. For
example, in contracting with such off-
site facility, such treatment information
may be included as part of the
agreement or may appear in other
correspondence with the company or in
promotional  literature.
   Included in the concept of transfers to
off-site locations would be quantities of
the chemical in wastes that are shipped
to or removed by a "broker," or
middleman. In such cases, the facility
owner or operator may not know the
actual location of the site to which the
 waste is shipped or the waste treatment
 or disposal methods to which the wastes
 will be subject. Therefore, the location
 information provided by the respondent
 would be the name and address of the
 waste broker.
   There is a  key criteria for determining
 whether the  transfer of a toxic chemical
 to an off-site location is reportable. Thai
 criteria is whether the chemical in the

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Federal  Register / Vol  52.  No. 107 / Thursday. June 4. 1987 / Proposed Rules
waste is being removed from the facility
for ultimate disposal. For example, a
facility contracts with a commercial
waste disposal firm to remove a spent
solvent from the facility. The facility
would report the removal of the solvent
from the facility as a transfer to an off-
site location. If. however, the facility
sells this spent solvent to a reprocessor,
then the facility would not be required
to report this sale as a transfer of the
chemical to an off-site location. The firm
purchasing and reprocessing the solvent
would be covered by the reporting
provisions of this proposed rule as either
a manufacturer or a processor of the
solvent That reprocessor would then be
responsible for reporting their own
releases to the environment of the
chemical. This later case is consistent
with the overall distinction made
between "releases" from a facility and
the distribution in commerce of a
covered toxic chemical as  part of a
product If the reporting facility does not
know whether the chemical being
removed from the facility is destined for
ultimate disposal, then EPA proposes
that the facility would err on the side of
caution and report this removal of the
chemical from the facility as a transfer
to an off-site location.
D. Chemical Identification
  Section IV of the form requires
identification of the chemical or
chemical category to which all
subsequent data apply. The chemical Is
to be identified by the listed chemical
name and. if applicable, by the CAS
registry number. Chemical categories
listed do not have a CAS number
associated with them. Refer to proposed
§ 372.45 for the lists of chemicals and
chemical categories covered by this
reporting requirement.
  The form would require the CAS
number in addition to the  listed
chemical name. Such CAS numbers are
provided in the regulatory listing.
Inclusion of the CAS number on the
form will provide verification of the
chemical s identity. CAS numbers are
widely accepted and used for purposes
of chemical identification  and chemical
reporting. EPA believes that their
inclusion in the data base will also
facilitate the retrieval of additional
information on the chemical from other
data bases or references.
  1. Identifying individual chemicals
versus aggregate reporting under a
category. Any chemical specifically
listed (i.e.. listed in proposed 5 372.45 (a)
and (b)) must be reported individually
along with the associated CAS number.
  A chemical on the list that has an
associated CAS number may also fall
into a covered category or be the parent
                       metal for one of the categories. Again if
                       the chemical is listed individually in the
                       rule, it would be reported on a separate
                       form. For example, a company makes
                       and sells the specific listed chemical 2.4-
                       dichlorophenol. The company would not
                       report the category "chlorophenols."
                         A chemical that fits the definition of
                       one of the listed categories and that is
                       not specifically listed in § 372.45(a) and
                       (b) would be reported using the category
                       name. For example, a company using
                       copper chloride, which is a chemical not
                       specifically listed, would enter "Copper
                       compounds" as the chemical
                       identification. If more than one such
                       unspecified category member is made.
                       processed, or used by the facility, then
                       the facility would aggregate  those
                       chemicals for reporting. Aggregate
                       reporting allows a facility to report (on
                       one form) all the chemicals that fit a
                       category using the categorical name as a
                       label. For example, a facility may report
                       emissions of all the copper-containing
                       compounds on one form. In the chemical
                       identification section of the form, the
                       category name "Copper compounds"
                       would be entered.
                         2. Claiming the chemical identity as a
                       trade secret. Section 322 of Title  ID
                       permits chemical identity to be claimed
                       as a trade secret Title III does not
                       authorize a claim of trade secrecy for
                       anything other than chemical identity. A
                       box in Section IV.B. of the form must be
                       checked when a claim of trade secrecy
                       is made. The submitter must also
                       provide EPA with an explanation of the
                       trade secret claim. Refer to Unit  VII of
                       this preamble for a detailed discussion
                       of the required explanation.
                          The statute requires that the submitter
                       must supply a generic chemical class
                       identification on the form. EPA proposes
                       a list of generic classifications with
                       related codes in § 372.42 of the proposed
                       rule. EPA is proposing to predefine the
                       generic classification name  for each
                       listed chemical and chemical category.
                       EPA has assigned a generic
                       classification to each list entry and has
                       placed the corresponding generic
                       classification code next to the chemical
                       or chemical category name in the
                       S 372.45 listings. Refer to the column
                       titled Generic Classification Code  that
                       appears in the chemical lists. EPA
                       believes that this system will foster
                       consistency in reporting and improve
                       quality control related to data entry.
                       This approach should also reduce  the
                       burden on respondents because they
                       will not be required to develop their
                       own generic identity for the submission.
                       EPA considers the classifications to be
                       general enough to satisfy the trade
                        secrecy concerns of industry. At the
                        same time, the classifications are
descriptive enough to give users of the
data base some indication of the type of
chemical or chemical category being
reported.
  In relation to trade secrecy claims.
commenters stated that a facility
reporting a chemical category (e.g..
Antimony  compounds) could not further
claim that  reported identity as trade
secret. Their rationale is that the
identities of specific components being
reported under that category name are
already sufficiently masked. EPA does
not agree with the commenters
interpretation. A category such as
Antimony  compounds is a toxic
chemical identity as listed in the
referenced Committee print for purposes
of reporting under section 313. Because
chemical identity may be claimed trade
secret and because there is no specific
exclusion  from such claims for an
identitiy that is a category, EPA
concludes that such category
designations may be claimed trade
secret As a practical matter, however.
the Agency believes that a facility
would have difficulty justifying a trade
secrecy claim with respect to one of the
compound categories.
  3. Identifying mixtures or trade name
products.  Unit IV.C.4. of this preamble
discussed the problems of identifying
and reporting toxic chemicals within
mixtures or other trade name products.
Section IV.D. of the form provides space
for the reporting the name of a mixture
or trade name products. If provided by
the supplier, the generic classification
name associated with  the actual toxic
chemical component would be entered
in Section IV.C. of the form. As
discussed, such importers, users, and
processors of these products may only
have a limited reporting responsibility
under this proposed rule depending
upon whether they reasonably can
determine the necessary percent
composition information.
E. Facility Activities and Uses of the
 Chemical
   The statute requires information about
 whether the toxic chemical is
 manufactured, imported, processed, or
 otherwise used and the general category
 or categories of use of that chemical.
 EPA interprets this requirement to mean
 activities and uses at the facility, not
 uses for which the chemical is
 distributed in commerce. EPA has
 developed several proposed indicators
 of facility activity or use related to the
 chemical  being reported (see Section V
 of the form). EPA believes that these
 indicators will give the users of the data
 a sufficient idea of why the chemical is
 present at the facility and, if applicable.

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                Federal Register / Vol  52. No.  107 / Thursday. lone  4. 1987  /  Proposed Rules
                                                                     21161
how it functions within the facility. EPA
attempted at the same time to keep
these  indicators of use general enough
so as not to compromise process-related
trade secret information. A submitter
would be required to check all activities
and uses that apply.
F. Maximum Amount
  The statute also requires an estimate
of the maximum amount (in ranges) of
(he chemical present at the facility at
any time during the reporting period.
EPA proposes,  as the conference
committee report directs, that these
ranges be adapted from the ranges used
for development of the chemical
inventory under section 8(b) of the Toxic
Substances Control Act (TSCA). The
TSCA 8(b) ranges relate, however, to
total annual production rather than
maximum on-site quantity at a point in
time. Therefore. EPA requests comment
on whether the magnitude of these
ranges are appropriate for purposes of
reporting under section 313.

C. Releases to  Environmental Media
  The statute requires information on
"the annual quantity of the toxic
chemical entering each environmental
medium." The conference committee
report elaborates upon this requirement.
stating that "Reporting on releases to
each environmental medium ... shall
include, at a minimum, releases to the
air. water (surface water and
ground water), land (surface and
subsurface), and waste treatment and
storage facilities." The transfer of
chemical-laden wastes to treatment or
storage facilities is not commonly
construed as a "release" to the
"environment." However, such transfers
are comparable to discharges from a
facility because they are wastes leaving
the facility, with the possibility that
some  fraction of the chemical in the
waste may ultimately enter the
environment.
  The statute defines release as "any
spilling, leaking, pumping, pouring.
emitting, emptying, discharging.
injecting, escaping, leaching, dumping.
or disposing into the environment
(including the abandonment or
discarding of barrels, containers, and
other  closed receptacles] of any... toxic
chemical." EPA is proposing to require
reporting of total annual releases to
various media, including in each total
both accidental and routine or planned
releases. In connection with this total
release concept. EPA also proposes to
require a "yes" or "no" indication on the
form of whether the reported quantity of
release includes any accidental releases
reported under section 304 of Title III or
section 103 of CERCLA. This approach
ensures complete reporting of releases
from the facility without requiring
duplicative reporting on the specific
quantities of the accidental or
emergency portion of releases. Users of
the data can then go to the state or local
planning commission to review the
specific "release" reports.
  The release information required on
the form is to be based on readily
available data [including monitoring
data and emissions measurements)
collected pursuant to other provisions of
law or as part of routine plant
operations. Where monitoring data or
emissions measurements are not readily
available, reasonable estimates of the
amounts released may be made using
published emission factors, material
balance calculations, or engineering
calculations. No monitoring or
measurement of the quantities,
concentration, or frequency of any toxic
chemical released into the environment
beyond that monitoring and
measurement required under other
provisions of law or regulation, is
required for the purpose of completing
the form.
  EPA is proposing that respondents
estimate as accurately as possible the
quantities in pounds of the listed
chemical released annually to each
environmental medium. Respondents
would round off these figures to the
nearest pound. However, given the
annual aggregate nature of the data.
EPA is seeking comment on  alternatives
for reporting release quantities. One
option would be to allow reporting in
ranges for all emissions or for emissions
below a certain threshold amount. A
concern expressed by one commenter is
the compliance implications, especially
for smaller firms, of having to certify to
a very specific release figure. Ranges
could be established as order of
magnitude or other appropriate
categories; for example. 0 to 10 pounds.
10 to 100 pounds. 100 to 1.000 pounds, or
0 to 10 pounds, 10 to 100 pounds. 100 to
250 pounds. 250 to 500 pounds. 500 to
1000 pounds. One potential drawback to
this approach is the difficulty of doing
analyses from the data base where
emissions are expressed in ranges rather
than single numbers. Another potential
problem is that neither the statute nor
the legislative history of section 313
provides for reporting the emissions
data as a range, such as is provided for
reporting the maximum quantity of the
chemical on site. Another option would
be to allow respondents to report to one
significant figure. For example, if a
respondent estimates that their release
of a toxic chemical to water is 1,120
pounds per year they would be allowed
to report 1.000 pounds per year. This
approach would allow for a consistent
degree of leeway in expressing the
accuracy of a single number for any
release.
  As a third option. EPA could require
specific estimates within some specified
degree of precision. For example, in the
TSCA Inventory update rule. EPA
required reporting of production
volumes to two significant digits with an
accuracy of plus or minus 10 percent.
EPA asks for comment on whether this
approach should be applied in this
rulemaking.
  For each annual release quantity. EPA
proposes to require a "basis of
estimate." This element will indicate
whether the quantity reported was
derived primarily based on monitoring
data for the wastes leading to release,
mass balance calculations of streams
entering and leaving process equipment,
emission factors (e.g., published data on
the amount of release to a medium as a
fraction of production volume for the
process/equipment leading to the
release), or other approaches such as
best engineering judgement. In addition
to providing some idea of the quality of
the estimate, this element will identify
situations in which monitoring data
might be obtained as part of follow-up
activities by EPA or states. Most release
quantities are likely to be aggregates of
estimates using different methodologies
(e.g., part of stack emissions based on
monitoring data, part based on emission
factors). Submitters would indicate the
single method accounting for the largest
portion of the release quantity. EPA
requests comment on this approach.
  For metal compounds, EPA proposes
that the release quantities be reported
for only the metal and not the metal
compound. EPA recognizes that most
monitoring data available measures
only the metal portion of the  compound.
Reporting of the amount of compounds
released would be complicated when
more than one substance contributes to
the metal content of the waste, when the
compound dissociates, and when the
compound is converted to a different
substance due to waste treatment or
other processes. It therefore appears
reasonable to require reporting of metal
released to avoid confusion over the
meaning of total compound released.
   This section of the form also requires
a "yes" or "no" indication of whether
the toxic chemical released is
specifically covered by a environmental
permit. In general, a facility would
answer "yes" if the permit specifically
includes or cites the reported toxic
chemical.

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Federal Register / Vol 52. No. 107  /  Thursday. June 4.  1987 / Proposed Rules
  Section VII of the proposed form is
organized by environmental media. It
would ask for information on releases to
(A) air. (B) water. (C) land, and (D)
transfers to off-site locations.
  1. Emissions to air. The subsection on
air releases includes fugitive and point
air emissions. EPA proposes to
distinguish fugitive or non-point air
emissions from stack or point air
emissions for two reasons. First.
estimates of stack emissions are likely
to be more accurate than estimates of
fugitive emissions because stack
emissions can be directly measured.
Better overall information on air
releases can be obtained if fugitive
emissions are reported separately and
the accuracy of the data on stack
emissions is preserved. Second.
separate reporting of fugitive and stack
emissions will enable regulatory
agencies and other users of the data to
judge the relative significance of these
two sources of releases.
  For each air release quantity.
submitters are to indicate whether the
release is covered by any applicable
permit controlling the chemical. Because
a facility may have many air permits
covering single pieces of equipment or
processes. EPA is not requesting permit
numbers. That a permit exists for the air
emissions of the chemical at the facility
provides a starting point for the
community to obtain permit information.
  To answer "yes" to the permit
question, the facility must determine
that the permit specifically cites the
toxic chemical in that permit. For
example, a permit might set a numerical
emission limit to control quantities of
that specific toxic chemical released.
The facility would answer "no" if. for
example, the permit sets a performance
standard for the process equipment in
which the chemical  is made or used but
does not cite the specific toxic chemical.
Some facilities may have several similar
emissions sources that treat the same
toxic chemical. If some but not all of
these emission sources specifically have
permits that specifically cite the
chemical, then it is still appropriate to
answer "yes" to the permit question.
   2. Discharges to water. The subsection
on releases to water includes the
facility's direct releases to receiving
water bodies only. The facility would
enter the amount of the chemical
released to surface waters (e.g.. rivers.
lakes, streams, etc.) from all discharge
points at the facility. Quantities of a
toxic chemical in wastewater
discharged to a POTW or other off-site
 treatment plant would be entered in
 Section VII.D. of the form (see
 paragraph G.4. of this unit).
                         EPA also proposes that the total
                       releases of a chemical to surface waters
                       include the contribution from
                       storm water if the facility's permit
                       includes stormwater sources. Given the
                       potential difficulty in estimating the
                       contribution of stormwater to the total
                       release of a chemical. EPA is
                       specifically asking for comment on the
                       inclusion of stormwater discharges and
                       how these releases should be estimated
                       and reported.
                         As discussed in B.3. of this unit. EPA
                       is proposing that facilities that directly
                       discharge wastes to surface waters
                       provide their NPDES permit number In
                       the release section the respondent
                       would also indicate whether the
                       chemical discharges being reported are
                       specifically limited by the NPDES
                       permit.
                         3. Releases to land.  The subsection on
                       releases to land asks for the amounts of
                       a chemical disposed of within the
                       confines of the facility. Types of land-
                       based disposal are identified in the
                       instructions along with a code, which is
                       to be entered on the form. Specific land-
                       based disposal methods include
                       placement in surface impoundments and
                       subsurface disposal in landfills, septic
                       systems and infiltration  lagoons, or
                       underground injection wells. Such
                       methods may result in the chemical
                       reaching groundwater. They are grouped
                       as methods of land-disposal to
                       emphasize that reported quantities are
                       to be amounts placed in each type of
                       disposal system. The respondent would
                       report the amounts that  are placed in
                       infiltration and/or septic systems as one
                       total since both are designed to allow
                       wastes to percolate into near-surface
                       soil.
                          For the purposes of this reporting, a
                        surface impoundment denotes a "final"
                        disposal method, and quantities of a
                        chemical added to an impoundment that
                        is part of a wastewater treatment
                        process should generally not be reported
                        here. However, where the impoundment
                        accumulates sludges containing the
                        chemical, quantities should be entered
                        here, unless they are  accounted for by
                        other totals (e.g.. impoundment
                        dredgings hauled to off-site disposal).
                        An impoundment would, in this regard,
                        mean a type of final disposal.
                          The respondent would check "yes" in
                         the permit column if the facility has an
                        EPA Identification Number and the
                        chemical is being disposed of as part of
                         a regulated hazardous waste.
                          4. Transfers to off-site locations. In
                         Section VII.D. of the form the
                         respondent would  enter the actual
                         amount of the chemical in waste
                         transferred to off-site locations.
Addresses for these facilities will have
been provided in Section 111 of the form.
First, facilities would be required lo
estimate releases to POTWs. EPA's and
the community's ability to analyze data
on releases to water would be greatly
enhanced by knowing how much
chemical goes to a POTW. EPA and
other users would be able to make more
accurate assessments of environmental
concentrations of the chemical because.
for example, estimates of POTW
treatment effectiveness can be taken
into account.
  The other lines in this section are to
be used for reporting releases of the
chemical to any of the other types of off-
site locations identified in Section III.B.
of the form. The respondent would also
indicate the basis of estimate for the
release and whether that release is
covered by the  permit, i.e.. whether the
chemical is part of a hazardous waste
leaving the facility.
H. Waste Treatment Information
   1. EPA's concept of wastestream for
the purpose of this reporting. Section
313(g)(i)(c)(iii) states that facilities must
report "for each wastestream. the waste
treatment or disposal methods
employed, and an estimate of the
treatment efficiency typically achieved.
. . ." EPA has proposed a list of codes in
the instructions from which facilities can
specify a treatment method (e.g.,
biological treatment, incineration) for
each wastestream.
   EPA is proposing to consider a
wastestream as aggregate wastes
 treated in a particular manner or the
 influent stream to a single treatment
 method. For example, aggregate waste
 going to secondary wastewater
 treatment on-site would be reported as a
 wastestream. Estimates would not be
 required for each of the  numerous
 waters from various process points that
 are combined for treatment. EPA
 recognizes the difficulties involved for a
 submitter to estimate efficiences for
 each separately.
   If certain wastestreams containing the
 chemical are treated separately, then
 individual reporting of each treatment
 process would be required. For example.
 one process wastestream could go to
 carbon adsorption, then be combined
 with other process waters for secondary
 treatment. Carbon adsorption would
 then have to be reported separately as a
 treatment method.
   EPA considered an alternative
 approach to defining wastestreams
 which would classify them more
 specifically by source. In particular, the
 Resource Conservation and Recovery
 Act (RCRA) D. F, and K waste codes

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                 Federal Register / Vol 52. No.  107 / Thursday, ftine 4. 1987 / Proposed Rules	21163
 could be used where applicable. For
 example. RCRA code KOB3 refers to
 "Distillation bottoms from aniline
 production." Other source specific codes
 could be developed for non-RCRA
 wastestreams.
   Knowing the source of each
 wastestream or wastestream component
 would allow EPA or other regulatory
 agencies to link specific listed chemicals
 and currently regulated hazardous
 wastes. Such information would permit
 belter identification of toxtcity hazards
 and risks associated with hazardous
 wastes and would be helpful in
 decisions to list or delist specific
 wastestreams under RCRA. In addition.
 information on source-specific treatment
 efficiencies could be used as a screening
 tool for EPA and State programs that
 regulate chemical releases and set
 standards based on source-specific
 control/treatment technologies.
   Despite these potential uses, there are
 a number of difficulties in requiring the
 more detailed source-specific
 information. First, in order to fully
 evaluate waste treatment methods for
 the purpose of regulatory development.
 a considerable amount of more detailed
 technical information would have to be
 collected. Such data would include unit
 design and operating features of the
 treatment equipment, waste throughput.
 waste composition and physical form.
 waste pre-treatment, waste components
 that can interfere with or enhance the
 treatment process, and whether
 recyclable materials or usable energy
 are generated.
  Second, companies may consider that
 wastestream sources reveal trade secret
 information by revealing specific
 process or chemical information,
 whereas Title III allows only chemical
 name to be claimed trade secret. EPA's
 program offices have other authorities
 that would allow them to collect these
 data while providing mechanisms for
 protecting valid company trade secrets.
  Finally, source-specific waste code
 reporting would considerably increase
 the reporting burden because of the
 large number of wastestreams that must
 be considered. Each waste treatment
 process may be associated with multiple
 source-specific streams, thereby
 requiring multiple line entries and
 efficiency estimates for each such
 process. Given the broad coverage of
 section 313 reporting, it may not be
 appropriate to include this level of
 detail.
  Therefore. EPA believes that
 identifying the specific source of a
wastestream (for example, absorber
effluent, distillation bottoms, or spent
catalyst) should not be included on the
proposed form for two major reasons: (I)
 Without other more detailed information
 that source wastestream data would
 have limited usefulness, and [2] it raises
 trade-secret problems. For the purpose
 of this proposed form, the wastestreams
 are being characterized as gaseous
 emissions,  waste water, non-aqueous
 liquid wastes, and solid waste (including
 sludges and slurries}.
  2. Waste treatment efficiency.
 Although treatment methods are
 reported for the wastestream containing
 the listed chemical, the conference
 committee  report states (hat the
 treatment efficiency should refer to the
 listed chemical as opposed to other
 components of the wastestream. EPA
 interprets the term "treatment
 efficiency" to mean the mass percent by
 which the treatment removes the
 chemical from the wastestream. An
 alternative interpretation is that only the
 mass percent destroyed or chemically
 converted be reported Of course, the
 chemical removed may only be
 transferred to another waste (e.g.. from
 water to sludge) and release quantities
 to various media must reflect these
 transfers. The reporting envisioned for
 this form would not allow EPA to track
 sequential treatment processes and
 subsequent disposal However, for most
 treatment methods it will be possible to
 determine,  based solely on the treatment
 code whether transfers to another
 medium occurs.
  It may be difficult for the facility to
 ascertain the degree to which the
 chemical is removed or destroyed. For
 example, wastewater treatment may
 treat a chemical waste by simultaneous
 mechanisms: Evaporation, reaction with
 other chemicals in the wastewater.
 biological oxidation, and adsorption to
 sludge. Treatment efficiency data
 readily known to a facility represents
 net removal by all these mechanisms
 and it is not usually possible to
 distinguish  destruction from removal
  Therefore. EPA proposes that
 treatment efficiency be expressed as the
 overall concept of percent removal.
 whether the specific action taking place
 is destruction, chemical conversion.
 physical removal, or some combination.
  3. Indication of influent concentration.
 EPA is also proposing that the
 concentration of the chemical in
 wastestreams prior to treatment be
 indicated. The effectiveness of most
 treatment methods is concentration-
 dependent and obtaining this
 information will assist users of the data
 in determining whether effective
 treatment methods may be available for
 wastes containing different amounts of a
given chemical. The ranges for reporting
are listed in the instructions. Each range
covers 2 or  3 orders of magnitude.
  4. Indication of whether the efficiency
estimate is based on operating data.
EPA is also proposing that facilities
provide a "yes" or "no" indication of
whether the treatment efficiency
estimate is based on actual operating
data. For example, the facility would
check "yes" if the estimate is based on
monitoring-of influent and effluent
wastes under typical  operating
conditions. The facility would check
"no" if the efficiency  estimate is based
on published data for similar processes
or on equipment supplier's literature.
EPA believes that this indication will be
valuable to users of the data in the same
way that the "basis of estimate"
information is valuable  in relation to
release estimates. It will provide users
of the data with an indication of the
relative quality and reliability of the
efficiency estimate figure.

/. Optional Information on Waste
Minimization

  The final section of the form allows
the respondent to describe any action
taken at the facility in the past year
(other than the waste treatment methods
specified in Section VIII of the form) to
mimimize generation  of waste related to
the chemical being reported Actions
may include process modifications,
changes in operating  procedures,
product redesign, raw material
substitutions, or recycle/reuse which
have reduced or eliminated the
generation of wastes  containing the
chemical being reported. This section
allows a facility to demonstrate that
progress is being made in waste
minimization, not just reduction in
releases.
  For example,  yearly reporting may
show that a facility has significantly
reduced releases of a chemical but the
reason for such reduction may not be
obvious from  the reported data.
Alternatively, a great reduction in waste
generation may be hidden by the fact
that very efficient treatment has always
led  to little release.
  The form asks for The type of action
taken to reduce waste generation (by
code); pounds of the reported chemical
in the waste in the reporting year.
pounds of the reported chemical in the
waste in the previous year (or the
facility can enter a number for the
percent change); an index comparing
production level in the reporting year to
production level in the previous year.
and reasons for taking the action (by
code).
  The index of production level figure
provides a means to sort out changes in
waste amount due to  level of business
activity. For example, if the chemical

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Federal  Register / Vol 52. No. 107 / Thursday. June 4. 1987  /  Proposed  Rules
were used in coating appliances and
80.000 appliances were produced in 1987
compared to 100.000 in 1986. the index
would be 0.8. Any reported waste
reduction (or lack of increase) could
then be apportioned to the action taken
or to change in economic activity.
Companies can protect trade secret
information since actual production
levels would not be reported, nor would
"waste per unit production." The
production level indicator chosen should
most closely represent activities
involving the chemical. However, these
activities could range from production
volume of the chemical itself (or of
another chemical using the reported
substance) to the dollar value of all
products made at the facility. This latter
indicator might be most appropriate, for
example, in the case where the facility
substituted one general purpose solvent
with another solvent.
  Facilities can use the narrative space
provided in  this optional section of the
form to explain how the modification
caused the changes in waste
composition or changes in hazard. Such
information is expected to be highly
valuable to those citizens who are
attempting to understand industry
progress in reducing releases of
chemicals to the environment. It will
also permit regulatory agencies to
analyze the effectiveness and the extent
of use of various techniques for reducing
routine releases of toxic chemicals. Such
information will be essential to
understanding why reductions in
releases  are observable in long-term
data from a  facility. Completion of this
section is optional because actions that
reduce releases could in some cases
reveal trade secret information and
because  the statute does not specifically
request information on reductions in
releapes.

VII. Trade Secret Claims and
Substantiation
  Section 322 of Title III provides that
the specific chemical identity (including
the chemical name and other specific
identification] may be designated by the
submitter as a trade secret. To do so. the
submitter would check the box in
Section IV.B. of the form indicating that
the chemical identity is being claimed as
a trade secret. The submitter would also
have to enter the generic classification
name and code that is pre-assigned by
the regulation to that specific toxic
chemical. See proposed § 372.42 for
these generic classification names. Also.
the listings of covered chemicals and
chemical categories proposed in fi 372.45
of the regulation include a  column that
contains the pre-assigned generic
classification code for that chemical.
                         If the submitter claims the specific
                       chemical identity as trade secret then a
                       second copy of that report must be
                       included with the submission. This
                       second copy would be a "sanitized"
                       version of the original submission. It
                       would contain all the same information
                       as the original submission except that
                       the space provided for the specific
                       chemical identity (including CAS
                       number, if applicable) would be left
                       blank. This non-trade secret version of
                       the form is the one that will be made
                       available to the public and is the version
                       to be submitted to the State.
                         Any submitter claiming trade secret
                       protection for a chemical identity must
                       also submit an explanation for this
                       claim in accordance with section
                       322(a)(2)(ii) of Title III. This explanation
                       must demonstrate: (1) That the submitter
                       has not disclosed the chemical identity
                       to any other person, other than a
                       member of a local emergency planning
                       committee, an officer or employee of the
                       United States or a State or local
                       government, an employee of such
                       person, or a person who is bound by a
                       confidentiality agreement; (2) that the
                       submitter has taken reasonable
                       measures to protect the confidentiality
                       of such information and will continue to
                       take such measures; (3) that the
                       information is not required to be
                       disclosed or otherwise made available
                       to the public under any other Federal or
                       State law: (4)  that disclosure of the
                       information is likely to cause substantial
                       harm to the competitive position of the
                       submitter and (5) that the chemical
                       identity is not readily discoverable
                       through reverse engineering. Failure to
                       submit this explanation as part of the
                       submission will result in immediate
                       disallowance  of the trade secrecy claim
                       without further notice to the submitter.
                         The explanation document itself will
                       be available to the public. However, the
                       submitter may further claim portions of
                       the explanation document as
                       confidential if that information would
                       reveal the chemical identity claimed as
                       a trade secret or would reveal other
                       confidential business or trade secret
                       information. To make this claim the
                       submitter would clearly designate those
                       portions of the explanation document to
                       be claimed as confidential. The
                       submitter would include a certification
                       that those portions of the explanation
                       document claimed as confidential
                       would, if disclosed, reveal the chemical
                       identity being claimed as a trade secret,
                       or would reveal other confidential
                       business or trade secret information.
                       This certification must be signed by the
                       same person that signs the certification
                       statement on  the reporting form.
  Under section 322(a)(2)(ii) of Title III.
a person who claims a specific chemical
identity as confidential is required to
include an explanation of the reasons
for the claim, including a specific
description of why the trade secret
factors in section 322(b) apply. This
explanation is to be included "in the
submittal referred to in [section
322(a)(l)J" which in this case is the
submittal of the report under section
313. Since the section 313 report is
required to be submitted to EPA and "to
an official or officials of the State
designated by the Governor." section
322(a)(2)(ii) could be read as requiring
that the explanation, including any
information in it which is trade secret or
otherwise confidential under section
322(f). must be submitted to the State as
well. However, EPA believes that this
reading of section 322(a)(2)(ii) is
inconsistent with the remainder of
section 322. Accordingly. EPA is
proposing that persons submitting
reports under section 313 in which the
specific chemical identity is claimed as
a trade secret would, in addition to
submitting a sanitized copy of the form
to the State, be required to submit a
sanitized copy of the explanation for the
trade secret claim to the State and EPA
as well. In this way. States and the
public at large would be in a better
position to determine whether a trade
secret claim appears to be valid and.
therefore, whether to petition EPA under
section 322(d) to review the trade secret
claim.
  EPA received comments that the trade
secret provisions of Title III do not
require "up-front substantiation" of a
trade secret claim. EPA considers that
the statute is quite clear on the
requirement that the above-mentioned
explanation be provided as part of the
submission. That is, the required
explanation must be provided "up
front." The commenter may be referring
to additional, more detailed information
that must be submitted, in the event that
such trade secret claim is challenged
through the public petition process as
provided by section 322 of Title III.
  Another commenter asserted that
emissions of specific chemical
substances that could be required under
section 104 of the Clean Air Act or
under section 304 of the Clean Water
Act are data that must be made
publically available. Therefore,
according to this argument, a submitter
of a section 313 report would not be able
to claim trade secret the chemical
identity associated with such emission.
In the commenter's opinion, the
submitter would not be able to attest to
the fact that such chemical-specific

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                  Federal Register / Vol 52.  No. 107  /  Thursday.  June 4.  1987 / Proposed  Rules
                                                                      21165
 information is not public knowledge.
 EPA is reviewing this comment and will
 address it in connection with the
 comprehensive Title HI trade secret
 regulations to be proposed by the
 Agency.

 VIII. Recordkeeping

   EPA proposes under the general
 rulemaking authority of section 328 of
 Title III to require  submitters to retain a
 copy of each report plus the supporting
 documentation used to complete each
 report. EPA proposes that these records
 be retained for a period of 5 years from
 the date of submission of the report
 Such records"would be retained at the
 facility for which the report is submitted
 and would have to be readily available
 for purposes of inspection. EPA is
 requesting comment on the appropriate
 length of the recordkeeping period.

 IX. The Toxic Chemical Release
 Inventory Data Base

   The Toxic Chemical Release
 Inventory will provide, for the first time.
 information on toxic chemical releases
 to all environmental media on a
 nationwide basis. EPA expects that
 users of the data base will include
 Federal. State and  local agency officials;
 private citizens; industry: local and
 national environmental and citizens
 organizations; workers and labor
 organizations; educators; researchers
 and consultants; private physicians and
 public health officials; members of the
 legal community: and the media.

 A. Development of a Data Base

  Section 313(j) requires EPA to
 establish and maintain in a
 computerized data  base a national toxic
 chemical release inventory based on the
 data submitted. (This inventory should
 not be confused with the inventory of
 chemical substances developed and
 maintained under section 8{b) of the
 Toxic Substances Control Act.) Further.
 EPA is required to make this data base
 accessible to the public by computer
 telecommunications and other means on
 a cost reimbursible basis. After the data
 base has been established and the data
 for the first reporting period has been
 entered. EPA will issue a  notice for
 pubication in the Federal  Register that
 will instruct potential users regarding
 access to the data base and procedures
 for use. Also included in this notice will
be instructions on how to obtain
information from the data base through
means other than computer
telecommunications.
 B. Identifying Adverse Health and
 Environmental Effects Information in
 the Data Base
   Section 322(h)(2) of Title III requires
 EPA to identify the adverse health and
 environmental effects associated with a
 toxic chemical that is claimed trade
 secret and assure that such information
 be included in the computer data base.
 The Legislative history associated with
 this provision further explains that the
 adverse effects identified should be
 described in general terms so as not to
 provide a unique identifier of a
 particular trade secret chemical.
   EPA has identified several options for
 meeting this requirement of providing
 adverse effects Information relating to-
 trade secret claims. One option would
 be to develop a cumulative, worst-case
 effects characterization for the
 predefined generic class of the chemical.
 For example, a person using the
 database determines that a facility is
 emitting certain quantities of a chemical
 claimed trade secret. The generic class
 identity available to the person is
 "Hydrocarbons." Since such a chemical
 as benzene, a known human carcinogen.
 is included in this generic class then the
 adverse effects characterization would
 have to include this effect Chemicals
 without this effect would be identified
 as carcinogens if the chemical identity is
 claimed trade secret One obvious
 problem with this approach is that it can
 overstate the adverse effect of any
 particular chemical within a generic
 class.
  A second option would be a modified
 generic identification approach. Rather
 than the predefined generic
 classification system proposed in this
 rule, companies would be required to
 develop and submit a generic identity
 for the chemical. EPA would then
 develop the associated adverse health
 effects description that relates to the
general class or category of the
 chemical. For example, a company
claims the listed chemical aniline trade
 secret and gives it a generic identity as
an "aromatic amine." The adverse
effects would then be based on the
adverse effects of aromatic amines in
general. This approach would be a
variation on the first option but could
provide the data user with somewhat
more specific information. One problem
that this option would create is that EPA
would not be able to develop the toxic
effects for the database until the
submission is received, thus possibly
delaying the data availability.
  A third approach would be to attempt
to develop individual adverse effect
profiles that would be substance
specific but would mask any particular
effect that is unique and that could
divulge its specific identity. For
example, if one of the metals has a
unique effect (e.g.. kidney toxicity) this
effect may have to be generalized  to
"organ effect."
  EPA requests comment on ways to
specify adverse effects information in
the data base in connection with trade
secrecy claims.
X. Economic Impact

  EPA has prepared a Regulatory
Impact Analysis (RIA) in connection
with this proposed rule. The RIA
assesses the economic impact of the
proposed regulation on the affected
industry (manufacturing. SIC codes 20
through'39) and State and Federai-
governments. The following cost results
are presented in the analysis document
titled "Regulatory Impact Analysis in
Support of the Proposed Rulemaking
Under Section 313 of the Superfund
Amendments and Reauthorization Act
of 1986."
  Four alternatives are considered in
the RIA for implementing section 313:
Alternative I—Facilities report by  letter.
Alternative II—Facilities must report by
  use of a form, with minimal
  interpretation of the data elements
  required by the statute.
Alternative III—Facilities report by
  form, with additional data elements
  required (proposed form).
Alternative IV—Facilities report by
  form, with elements of Alternative III
  above plus specific source
  wastestream identification/
  characterization required.
  The population of facilities that would
be required to submit reports—forms or
letters—under section 313 is based on
Census data for facilities engaged  in
manufacturing, a survey of toxic
substances use conducted by the State
of New Jersey involving a subset of the
substances contained in the list of 329
chemicals covered by section 313.  and
the Toxic Substances Control Act
Inventory.
  Section 313 will require reports from
an estimated 32.760 facilities. On
average. 5.0  toxic substances will need
to be reported per covered facility,
resulting in a total of 165,100 reports
each year.
  Estimates  of the costs per facility
(based on an average of 4 chemicals and
1 mixture per facility) for the proposed
form in the first year are $12,467 and
$9.426 in subsequent years of reporting.
The higher first year costs are expected
due to initial one-time costs associated
with compliance determination and
establishing  a methodology for

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Federal  Register / Vol 52.  No. 107  /  Thursday.  June 4.  1987 / Proposed Rules
estimating emissions. Estimates of the
cost per facility for each alternative are
as follows:
                           fint   Second
                          S1 1.1 10
                           11.831
                           12467
                           1169O
18.132
 8.891
 9.428
 B.8SO
  In the first year of reporting.
industry's total compliance costs will
range from $427.6 million for Alternative
I (letters) to $480.1 million for
Alternative IV (version 3 of the form).
Over a 10-year projection period, the
present value of the costs will range
from S1.656 to S2.10a7 million at a
discount rate of 10 percent (real).
  All the regulatory alternatives appear
to be somewhat more costly than if EPA
took no action to issue a form and
regulation implementing section 313.
However, the majority of the overall
costs associated with this proposed rule
are driven by the statutory provisions. If
the letter reporting is taken as a
baseline, the proposed form represents
approximately a 12 percent increase in
the overall costs for industry to comply
with section 313 requirements. As
explained elsewhere in this preamble,
EPA has chosen to develop a form and
regulation in order to provide for
uniform reporting so that a computerized
data base of high quality and utility can
be created and maintained.
  There is some variability in the costs
of the regulatory options (Alternatives II
through IV) based on the quantity and
type of information required. The
proposed regulatory approach
(Alternative III) is somewhat more
costly than Alternative IL However,
EPA believes that this extra cost is
justified by the increased utility of the
data that this option provides.
  The proposed regulatory option asks
for information that will improve the
ability of communities to track the flow
of releases in their areas, specifically
reporting on the disposition of
substances off-site in treatment, storage,
and disposal facilities. Use of the data
base is also enhanced by the
requirement for data on non-primary
manufacturing SIC codes, parent
companies, and applicability of section
304 and permits to particular releases.
Compared to Alternative IV, the
proposed option entails lower costs for
industry because it does not require
wastestream-specific reporting on
treatment methods and percent
destruction or conversion of the toxic
chemicals.
  EPA will incur coats to process, check,
store, and make available the data
                       reported under section 313. EPA's costs
                       will vary depending upon its choice of
                       data management systems and policies
                       but are estimated to range from between
                       $4.0 and $13.8 million per year. Over a
                       10-year period, the present value of
                       EPA's expenses will be $21.0 to $74.0
                       million discounted at  10 percent States
                       will have expenses for processing,
                       storing, and distributing reports sent to
                       them. State costs are estimated at $1.0
                       million per year.
                         A draft RIA underwent a limited
                       public review and certain comments
                       received have been incorporated. EPA
                       requests comment on the methodology
                       employed, the unit costs, and the results
                       of the RIA. In particular, EPA requests
                       comment on the following issues:
                         1. How many toxic  chemicals will be
                       reported by typical facilities overall?
                         2. How many additional reports will
                       be associated with the requirement to
                       report on mixtures and trade name
                       products?
                         3. What are the costs of preparing
                       estimates where information required is
                       not readily available?
                         4. Are the unit cost  estimates
                       reasonable for both industry and
                       government?
                         5. Are there other activities associated
                       with section 313 that should be
                       considered? What costs are associated
                       with such activities?
                       XI. Rulemaking Record
                         The following documents constitute
                       the rulemaking record for this proposed
                       rule (docket control number OPTS-
                       400002). All documents, including the
                       index of this record, are available to the
                       public in the OTS Reading Room from 8
                       a.m. to 4 pjn., Monday through Friday,
                       excluding legal holidays. The OTS
                       Reading Room is located at EPA
                       Headquarters, Rm. NE-G004.401 M SU
                       SW.. Washington. DC 20460. The record
                       includes the following information
                       considered by the Agency in developing
                       this proposed rule:
                         1. This proposed rule.
                         2. Summaries of individual meetings
                       held with representatives of industry.
                       public  interest groups, and State
                       government officials.
                         3. Transcripts of public meetings held
                       January B and 9,1987.
                         4. A  summary of comments received
                       at the above-referenced  public meetings.
                         5. Written comments received in
                       connection with draft materials
                       distributed for review prior to the above
                       referenced public meetings.
                         6. The document titled "Regulatory
                       Impact Analysis in Support of the
                       Proposed Rtdemaking Under Section 313
                       of the Superfund Amendments and
Reauthorization Act of 1988." (May
1987).
  7. Written comments on the above-
referenced regulatory analysis.
  8. The technical guidance document
titled, "Guidance for Determining
Releases and Waste Treatment
Efficiency for the Toxic Chemical
Release Inventory."
  9. Written comments received in
connection with the above-referenced
guidance document.
  10. The support document titled.
'Toxic Chemical Release Inventory—
Glossary of Synonyms."

XII. Regulatory Assessment
Requirements

A. Executive Order 12291

  Under Executive Order 12291, EPA
must judge whether a regulation is
"major" and therefore requires a
regulatory impact analysis. EPA has
developed a regulatory impact analysis.
This analysis shows that the
combination of impacts of the statutory
provisions of section 313 and the
interpretive provisions of this proposed
regulation may create a first year  impact
of $472.7 million and a second year
impact of $311.8 million. However, the
incremental impact of EPA's form as
represented in this proposed rule
accounts for only 12 percent of the total
impact. As discussed elsewhere in this
preamble, facilities will have to report
the information outlined in section 313
by letter if EPA does not publish a
uniform reporting form. In any event,
EPA has determined that this proposed
rule, considered in combination with the
mandated provisions of section 313. is
"major" because it may have an effect
of $100 million or more on the economy.
EPA does not. however, anticipate that
this proposed rule will have a significant
effect on competition, costs, or prices.
  This proposed regulation was
submitted to the Office of Management
and Budget (OMB) for review as
required by Executive Order 12291.

B. Regulatory Flexibility Act

  The proposed rule does not
specifically exempt small businesses,
nor does the statute. However, the
statute and this proposed rule do
exempt facilities with fewer than  10 full-
time employees or facilities whose
chemical manufacturing, processing, or
use activities do not meet certain
volume thresholds. EPA estimates that
Section 313 will require reporting from
approximately 3 percent (8,520 of
286.000) of all of the small
manufacturing facilities.

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                 Federal Register / Vol 52. No. 107  / Thursday. June 4. 1987 /  Proposed Rules
                                                                      21167
   Preliminary analysis of the impacts of
 the proposed rule on small entities
 (included in the RIA as an appendix)
 indicates that for some segments of.the
 manufacturing sector the compliance
 costs may have a significant impact.
 Specifically, the reporting costs are
 estimated to be 2.0 to 3.0 percent of
 median sales for facilities with 10 to 19
 employees in SIC codes 25 (furniture). 27
 (printing and publishing), and 30 (rubber
 and miscellaneous plastics). The number
 of facilities affected is estimated to be
 635. which represents 0.2 percent of all
 manufacturing facilities with lesn than
 50 employees. The number of small
 businesses affected is not known but
 would be fewer than 635. Although this
 represents a very small percentage of all
 small facilities, the absolute numbers of
 facilities affected is of concern.
 Moreover, given the uncertainties in the
 data upon which the RIA is based, other
 reporting requirements of SARA Title III
 that may affect the same facilities, and
 concerns raised by the Small Business
 Administration. EPA believes that it is
 prudent public policy to assume that the
 requirements of the Regulatory
 Flexibility Act (Pub. L 96-354) have
 been triggered
   The RIA and appendix on small
 facility impacts serves as the Initial
 Regulatory Flexibility Analysis required
 by the Regulatory Flexibility Act EPA
 intends to revise this analysis prior to
 promulgation of the final rule. EPA
 requests comment on the methodology
 employed in the analysis, the
 breakdown of facility sizes, and the
 results of the analysis. EPA is especially
 interested in receiving comments from
 small entities in SIC codes 25.27. and 30
 and from members of the public who
 might be affected by releases from small
 entities. In particular. EPA requests
 comment on the following issues:
   1. Are there data to support
 exemptions to the proposed rule on the
 basis of facility size (number of
 employees, sales, production volume).
 SIC code, or quantity of release.
   2. Which questions on the proposed
 form are particularly burdensome?
   3. What kind of guidance could EPA
 provide to reduce the burden to small
 entities?
 C. Paperwork Reduction Act
   OMB has reviewed the information
 collection requirements contained in this
 proposed rule under the provisions of
 the Paperwork Reduction Act of 1980,44
 U.S.C. 3501 et seq. Submit comments on
 these requirements to The Office of
Information and Regulatory Affairs:
OMB: 726 Jackson Place. NW..
Washington. DC 20503 marked
"Attention Desk Officer for EPA."
   The Final Rule will respond to any
 OMB or public comments on the
 information collection requirements.

 List of Subjects in 40 CFR Part 372

   Environmental protection. Reporting
 and recordkeeping requirements. Toxic
 chemicals.
   Dated: May 27.1987.
 Lee M. Thomas,
 Administrator.
   Therefore, it is proposed that Chapter
 I of 40 CFR be amended by adding a
 new Part 372 to read as follows:

 PART 372—TOXIC CHEMICAL
 RELEASE REPORTING; COMMUNITY
 RIGHT-TO-KNOW

 Subpart A—General Provisions
 Sec.
 372.1  Scope and purpose.
 372.3  Definitions.
 372.5  Persons who must report
 372.10  Covered facilities.
 372.12  Thresholds for reporting.
 372.15  Reporting requirements and schedule
    for reporting.
 372.16  Recordkeeping.
 37Z19  Compliance and enforcement
 Subpart B—f Reserved!
 Subpart C—Specific Toxic Chemical
 Listings
 372.42  Generic classification of listed
    chemicals and chemical categories for
    purposes of trade secrecy claims.
 372.45  Chemicals and chemical categories to
    which this part applies.
 Subpart D—Reporting Forms and
 Instructions
 372.65  Toxic chemical release reporting
    forms and instructions.
  Authority: Pub. L 99-499.

 Subpart A—General Provisions

 9 372.1  Scope and purpose.
  This part sets forth requirements for
 the submission of information relating to
 the release of toxic chemicals under
 section 313 of Title III of the Superfund
 Amendments and Reauthorization Act
 of 1986. The information collected under
 this part is intended to inform the
 general public and  the communities
 surrounding covered facilities about
 releases of toxic chemicals, to assist
 research, to aid in the development  of
 regulations, guidelines, and standards.
 and for other purposes.

§372.3  Definition*.
  Terms defined in sections 313(b)(l)(c)
and 329 of Title III and not explicitly
defined herein are used with die
meaning given in Title III For the
purpose of this part:
  "Act" means Title III.
  "Article" means a manufactured item
 which is formed to a specific shape or
 design during manufacture, which has
 end use function(s) dependent in whole
 or in part upon its shape or design
 during end use. and which has either no
 change in chemical composition during
 its end use or only those changes of
 composition which have no commercial
 purpose separate from that of the article.
 and'that result from a chemical reaction
 that occurs upon end use of other
 chemical substances, mixtures, or
 articles; except that fluids and particles
 are not considered articles regardless of
 shape or design.
  "Customs territory of the United
 States" means the 50 States, the District
 of Columbia, and Puerto Rico.
  "EPA" means the United States
 Environmental Protection Agency.
  "Facility" means all buildings.
 equipment, structures, and other
 stationary  items which are located on a
 single site or on contiguous or adjacent
 sites and which are owned or operated
 by the same person (or by any person
 which controls, is controlled by or under
 common control with, such person).
  "Import" means to import a chemical
 substance into the customs territory of
 the United  States.
  "Manufacture" means to produce.
 prepare, import or compound a toxic
 chemical. Manufacture also applies to
 substances that are produced
 comcidentally during the manufacture.
 processing, use, or disposal of another
 substance or mixture, including
 byproducts and coproducts that are
 separated from that other substance or
 mixture, and impurities that remain in
 that substance or mixture.
  "Otherwise use" or "otherwise used"
 means any use of a toxic chemical that
 is not covered by the terms
 "manufacture" or "process" and
 includes use of a toxic chemical
 contained in a mixture or trade name
 product
  "Process" means the preparation of a
 toxic chemical, after its manufacture, for
 distribution in commerce—
  (1) In the same form or physical state
 as, or in a different form or physical
 state from,  that in which it was received
 by the person so preparing such
 substance,  or    -  -
  (2) As part of an article containing the
 toxic chemical.
Process also applies to the processing of
a toxic chemical contained in a mixture
or trade name product  •
  "Release" means any spilling, leaking.
pumping, pouring, emitting, emptying.
discharging, injecting, escaping.
leaching, dumping, or disposing into the
environment (including the

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21168          Federal Register /  Vol 52. No.  107 / Thursday. June 4. 1987  / Proposed Rules
abandonment or discarding of barrels.
containers, and other closed
receptacles) of any toxic chemical.
  •Title III" means Title III of the
Superfund Amendments and
Reauthonzation Act of 1986. also titled
the Emergency Planning and Community
Right-To-Know Act of 1986.
  "Toxic chemical" means a chemical or
chemical category listed in § 372.45.

§ 372.5  Persons who must report
  Owners and operators of covered
facilities described in §, 372.10 are
subject to the requirements of this part.
If the owner and operator of a covered
facility are different persons, only one
need report for each toxic chemical
required to be reported under this part.
However, if no report is submitted. EPA
will hold both the owner and the
operator liable under section 325(c) of
Title III.

§372.10  Covered facilities.
  A facility that meets all  of the
following criteria for a calendar year is
a covered facility for that calendar year.
  (a) The  facility has 10 or more full-
time employees.
  fb) The facility is in Standard
Industrial Classification Codes  20
through 39 as in effect on January 1.
1987.
  (c) The facility manufactured
(including imported), processed, or
otherwise used a toxic chemical in
excess of an applicable threshold
quantity of that-chemical set forth in
§ 372.12.

§ 372. t2  Thresholds for reporting.
  The threshold amounts for purposes of
reporting under this Part for toxic
chemicals are as follows:
  (a) With respect to a toxic chemical
manufactured (including imported) or
processed at a facility during the
following calendar years:
1987—75.000 pounds of the chemical for the
  year.
1988—50.000 pounds of the chemical for the
  year.
1989 and thereafter—25.000 pounds of the
  chemical for the year.
  (b) With respect to a chemical
otherwise used at a facility. 10.000
pounds of the chemical for the
applicable calendar year.
§372.15 Reporting requirements and
schedule for reporting.
  A person subject to this Part must
submit lo EPA and to the State in which
the covered facility is located a
completed EPA Form R (EPA Form 7740-
20) for each toxic chemical
manufactured (including imported).
processed, or otherwise used m excess
of an applicable threshold quantity in
§ 372.12 for a calendar year. A report
must be submitted for releases of the
toxic chemical that occurred during that
calendar year at that facility on or
before July 1 of the next year. The first
such report for calendar year 1987 must
be submitted on or before July 1.1988.

§ 372.16 Recordkeeping.
  (a) Each person subject to the
reporting requirements of this Part must
retain the following records for a period
of 5 years  following the submission of a
report:
  (1) A copy of the report submitted by
the person in response to the
requirements of this Part.
  (2) All supporting materials and
documentation used by the person to
complete each report
  (b) Records retained under this
section must be retained at the facility
to which the report applies. Such
records must be readily available for
purposes of inspection by EPA.
  (c) If the facility closes permanently,
the records retained under this section
must be transfered to and retained by
the owner or operator of the facility. If
there is no separate owner or operator
then such  records must be sent to EPA.

§ 372.19 Compliance and enforcement
  Violators of the requirements of this
part are subject to the civil and
administrative penalties as provided fn
section 325(c) of Title in.

Subpart B—[Reserved}

Subpart C—Specific Toxic Chemical
Listings
§372.42 Generic classification of fisted
chemicals, and chemical categories tor
purposes of trade secrecy claims.
   The following generic classification
names and codes are to be used when
the identity of a chemical or chemical
category listed in § 372.45 of this part is
claimed a  trade secret. AH chemicals
and chemical categones listed in
S 372.45 have been assigned one of the
generic classifications as indicated by
the code that appears in the column
titled "Generic Classification Code."
The generic classification names and
codes are  listed in the following Table 1:

 TABLE  1.—CHEMICAL CLASSIFICATIONS
           AND CATEGORIES
Generic classifications
I
Halogenated alkanes 	 J 	
Halogenated alkenes 	
Hatogenated aromatics ...— 	 - 	
Hydroxy compounds. ._« 	 - 	
Aldehydes find ketones 	 ..- 	 - 	
Cartoxytic acids, esters, anhydrides.
lactones 	

Amines 	
Amine derivatives -.-._...-................_...

rnospnorus ano suffur cotnpounos — ...
Metal containing compounds 	
Non-metal containing rorgarac com-
pounds

Code
cot
C02
COS
C04
COS
C06
C07
C08
C09
C10
Clt
C12

C14
Ct5
C16

§372.45  Chemicals and chemical
categories to which thto part applies.
  The reporting requirements of this
Part apply to the following chemicals
and chemical categories. This section
contains three listings. Paragraph (a) of
this section is an alphabetical order
listing of those chemicals that have an
associated Chemical Abstracts Service
(CAS) Registry number. Paragraph (b) of
this section contains e CAS number
order list of the same chemicals- listed rn
paragraph (a) of this section. Paragraph
(c) of this section contains the chemical
categories for which reporting is
required. These chemical categories are
listed m alphabetical order.
  (a) Alphabetical listing.
Chemical name
Acetnldehyde 	 _ 	 	 	 	 	 _.„ 	 ,.,,_.„...., 	
Acetamide . ,._._ 	
Acetone - ....... . . . . _
Acetorntnle . .
2-Acetylarru*io|'iuQrene
CAS NO.
75-07-0
60-35-5
67-64-1
75-05-6
53-96-3
Generic
classification
code
O07
COS
C07
C11
CIO
Effective date
OT/OT/87
01/01/67
01/01/87
01/01/87
O1/01/87

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                  Federal Register / Vol 52. No. 107 / Thursday. June 4. 1967 / Proposed Rules
                                   21169
                                Chemical name
CAS No.
  Generic
classification
   code
                                                                                                                Effective date
Acrolein	       	_	.t	        107-02-8
Acrylamide      	        79-06-1
Acrylic acid  	_	        79-10-7
Acrytonrtnle			        107-13-1
AWnn [l.4.5.8-Dimettianonaphthalene.1.2.3,4.10,10-hexachtoro-1.4.4a.  5.8.8a-nexahydro-
  (1 .alpha.,4 alpha..4a.beta ,5 alpha .8 alpha..Ba.beta.)-l		       309-00-2
Allyl chloride	       107-05-1
Aluminum (fume or dust)	_	_._	_	      7429-90-5
Aluminum oxide	_	      1344-28-1
2-Aminoanthraquinone	       117-79-3
4-Ammoazobenzene	„	        60-09-3
4-Ammobiphenyl	_	        92-67-1
1 -Amino-2-methylanthraquinone	        82-28-0
Ammonia	:.	      7664-41-7
Ammonium nitrate (solution)	       6484-52-2
Ammonium sulfate (solution)	      7783-20-2
Aniline	_	_	_	        62-53-3
o-Arusidtne	_	        90-04-0
pAnisidine			.'.	       104-94-9
o-Anisidine hydrochlonde	       134-29-2
Anthracene			       120-12-7
Antimony _.	_	_	      7440-36-0
Arsenic  			      7440-38-2
Asbestos (triable)	_	      1332-21 -4
Auramine [Benzeneamme. 4,4'-carbonimtdoy1bts[N,N-dimethy»-J	       492-60-8
Banum.		_	      7440-39-3
Benzal chloride	_	        98-87-3
Benzamido	        55-21-0
Benzene	_	_	        71-43-2
Benzidme	_	_	        92-87-5
Benzoic trichlorides (Benzotnchlonde)	        98-07-7
Benzoyl chloride...-	_	        98-88-4
Benzoyl peroxide. _._..«	-	        94-36-0
Benzyl chloride			       100-44-7
Beryllium			_	      7440-41-7
Brphenyl			_	        92-52-4
Bis(2-chloroethyl) ether	_	       111-44-4
Bis(chloromethyl) ether	.'	       542-88-1
Bis(2-chloro-1-methvtethyl) ether	       108-60-1
Bis(2-ethylhexyl) adipate	       103-23-1
Bromoform (Tnbromomethane)	        75-25-2
Bromomemane (Methyl bromide)	        74-83-9
1,3-Butadiene	_	       106-99-0
Butyl acrylate			__	_	       141-32-2
n-Butyl alcohol	_	_.:	_	        71-36-3
sec-Butyl alcohol	_	        78-92-2
tert-Butyl alcohol..-	_	-	        75-65-0
Butyl benzyl phthalate._	_	        85-68-7
1.2-8utytene  oxide	       106-88-7
ButyrakJehyde	       123-72-8
C I. Acid Blue 9, diammonium salt	      2650-18—2
C I. Acid Blue 9. disodium salt	      3844-45-S
C.I Add Green 3	_	_	      4680-78-S
C.I Basic Green 4	_	       569-64-2
CI Baste Red 1 			       989-38-8
C I. Disperse Yellow 3	      2832-40-8
C.I Food Red 5 	_	      3761 -53-3
CI Food Red 15	-	-	-	        81-88-S
C I. Solvent Orange 7	-	      3118-97-t
C I. Solvent Yellow 3.		_	        97-56-5
C.I Solvent Yellow 14	_	_	        842-07-J
CI Vat Yellow 4      	-	        128-66-S
Cadmium	_	       7440-43-J
Calcium cyanamide.—	-	        156-62-1
Captan  [1H-lso
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21170
Federal Register  / Vol  52. No. 107  / Thursday. June 4.  1987 /  Proposed  Rules
                                    Chemical name
                                                                                           CAS No
                                                                                        Generic
                                                                                      classification
                                                                                          code
                                                                                                                           Ellective date
CMordane [4.7-Methanomdan. 1,2.4.5.6,7.8.8-octachloro-2,3.3a.4.7.7a- hexahydro-1	         57-74-9
Chlonnated lluorocarbon (Freon  1l3)[Ethane. 1.1.2-tnchlOfO-1,2. 2-tnMuoro-]	         76-13-1
Chlorine	-	       7782-50-5
Chlorine dioxide	-	-	      10049-04-4
Chloroacetic acid	...............................................	••«.         79—11^8
2-Chloroacetophenone"!!!!!!!" 'Z"ZZ"ZZ.Z!	        532-27-4
Chtorobenzene	-	        108-90-7
Chlorobenzilate  [Benzeneacetic  acid.  4-chloro-.alpha.-(4-chlorophenyt)-.alpha-hydroxy-,
  ethyl ester]	_	—	•	••        510-15-6
C^loroethar»e(Etr^"chiofide)™."..!....!	—         75-00-3
Chloroform	—•••	         67-66-3
Chloromethane (Methyl chloride)				         74-87-3
Chtoromethyl methyl ether	_	—        107-30-2
ChloroDrGnc	................»...».......•........•>.>••	•	        12o~99^o
Chlorothaloml [ 1,3-Benzenedicarbonitnle.2.4,5,6-tetrachlorc-]	-	       1897-45-6
Chromium	       7440-47-3
Cobalt                       	-		       7440-48-4
Conner	"	"	||	_	       7440-50-8
*"^f*l"*" ••.••••••••••••••••••••••••••••••••»«••••••••••••••••«••••••••«•••••••••••••••••""« •                                      au%  ««  A
p-Cresidine	        120-71-8
Cresol (mixed isomers)	-	-	       1319-77-3
/n-Cresol            	——	        108-39-4
          """""""""'			-         95-48-7
                                                                 	_.._        106-44-5
                                                                                               98-82-8
Cumene hydroperoxide	-	-—•         80-15-9
Cupterron [Benzeneamme, N-hydroxy-N-nitroso. ammonium salt]	-	—        135-20-6
Cyanide compounds	-	         57-12-5
Cyctohexane	-	        110-82-7
2.4-D [Acetic'acd.72"4^ic^	        94-75-7
Decabromodiphenyl oxide	_		      1163-19-5
DwHate [Carbamothioic acid, bis(l-methylethyl)-. S-(2.3- dichloro-2-propenyl) ester]	      2303-16-4
2,4-Diarninoanisole	-	.................................       615-05-4
2|4-Diaminoanisole sulfate		     39156-41-7
4.4'-Diaminodiphenyl ether				       101-80-4
Diaminotoluene (mixed isomers)	     25376-45-8
2 4-Diarmnatoluene                	—	_....._........        95-80-7
t,f LSU1MI1IIUIVIWCI	_	_	                                              OQ_<>
Diazomethane	«	       OJA—oo-o
Dibenzoturan...!!!!!".""!"""!!"!!"!"..!			        132-64-9
 1.2-Dibromo-£cnloropropane(DBCP)			        96-12-8
 1,2-Dibromoethane (Ethytene dibromide)....	_	        106-93-4
Dibutyl phthalate	-	-	        84-74-2
 Dichlorobenzene (mixed isomers)			      25321-22-*
 1 2-Dtchlorobenzene         	_._..............	_.	-.-	.............        95-50-1
 i •&> t^vwi «\/« w»*«i»fcw« •«.•••••••••••••••••••••••«•••«•• ••••••"••••••••••••••••«««".««.—...... ....
 1 3-Dichlorobenzene                 _ .__..-........:		...        541-73-1
 *•** •*•*" "*"»*—**. »».• .WM...H................  _                                                            ««fc^ *£ ^
 1,4-Dichlorobenzene	-			        106-46-7
 sls'-Oichlorobenzidine......	.............		-		...         91-94-1
 Dichlorotaromomethane	_.._............_.	_._		.		-         75-27-4
 1,2-Dichloroethane (Ethytene dichlonde)	        107-06-2
 1 2-Dichloroethylene	_...._..............._	—...	••        540-59-0
 Dichloromemarie(Metn'yterw'chionde)			         75-09-2
 9 4.Diehlornnhennl                                 .	        120-83-2
 ^.^-L/KtlllUIUpllBIIUI	—"	.........M...*......	••- .....
 1 9.Diehlnrnnrnnane        -          	_..........................._........................_...—••—•••••••         7B-B7-D
  i (K-wn«i iiwi wfi *»^*wi "^ ............. •••••••••••••••••••••••••••••••••••••••••••••••••••••••«•-«•••—-"«" «                           f AH ^f &
 1 3-Dtchtoropropylene	-	        54Z-75-*
 bichlorvos [Phosphonc aad.'z^icriloroethenyl dimethyl ester]		         62-73-7
 Dicofol [Benzenemethanol. 4-chloro-.alpha.-(4-chlorophenyl).alpha.-(tnchloromethyl)-]	        115-52-2
 Dtepoxybutane	-	-	       1464-53-5
 Diethanoiamme	_.....	..__	_.._....._.._.._.....——...        111-42-2
 DH2-ethylhexyl) phthalate (DEHP)			        117-81-7
 Diethyl phthalate				         84-66-2
 Diethvl aullate                   	_...._..._	_	__...._...—...         64-67-5
 fc^WHIJI OW.IBIV	  .                                       -*» MM .
 S.S'-Dimethoxybenzidine						        '' 9-90-4
 4-Dimethylaminoazobenzene	_..-		—		•	         60-11-7
 3.3--Dimethylbenzidme(o-Tohdine)				        119-93-7
 Dimethylcarbamyl chloride		        79-44-7
  1,1 -Dimethyl hydrazine	—-	        57-14-7
 2,4-Dimethylphenol	—	-	—       105-67-9
 Dimethyl ohthalate                    ..._	_...............™....-	       131-11-3
 h^»iiVM*f • |»» ••>!«••«•«• ...•*••.••......•••.....................™ ... ...... ........... ...   ..
 Dimethyl sulfate			-	-			        77-78-1
 4 6-Dinrtro^>-cresol              -  		       534-52-1
 -v(w~fe*" iiw **-**—*** ««»wr>.•••»••••••••••••••••««••••-«-««««««•«•«««—«««•«««•««« .n«... ...   .
  2,4-Dmitrophenol	-—-	-	-	-	-	        51-28-5
  2|4-Dinitroto
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                   Federal Register / Vol 52. No. 107 /  Thursday.  June  4.  1987 /  Proposed Rules
                      21171
                                 Chemical name
                                                                                   CAS No
  Generic
classification
   code
Effective date
2.6-Dinitrotoluene	       606-20-2
n-Dioctyl phthalate	!..'....!.!..!       117-84-0
1.4-Dioxane	       123-91-1
1,2-Diphenylhydraane(Hydrazobenzene)	       122-66-7
Direct Black 38	      1937-37-7
Direct Blue 6	"'"      2602-46-2
Direct Brown 95	™...!™.!™""™™.'.     16071-86-6
Epichlorohydnn	\	'       106-89-8
2-Ethoxyethanol	_	       110-80-5
Ethyl acrytate	!....".!!!...       140-88-5
Ethylbenzene	       100-41-4
Ethyl chlorotormate	"!""™"!"!!!!!"""       541-41-3
Ethylene	"."""!!!!""""!!!!!!!"!!!!!"        74-85-1
Ethytene grycol	       107-21-1
Etnyleneimme (Azindme)	"„..       151-56-4
Ethylene oxide	'.....I!"""!!"!"""!!        75-21-8
Ethylene thiourea	_	"!!!!!!"!!'."."!!!"!!"!!!        96-45-7
Fluometuron [Urea, N.N-dimethyl-N'-[3-(tnfluoromethyl)pheny1]0	".....!!.!!!!!".!!."..!"      2164-17-2
Formaldehyde	        50-00-0
Heptachlor [ 1.4.5.6.7.8.8-Heptachloro-3a.4.7.7a-tetrahydro-4.7- methane-1 Hnndene]	        76-44-8
HexacMorobenzene	       118-74-1
Hexachloro 1,3-butadiene	......'.        87-68-3
Hexachlorocyclopentadiene	.'.	        77-47-4
Hexachloroetnane	™™"        67-72-1
Hexachloronaphthalene	      1335-87-1
Hexamethylphosphorarmde	       680-31-9
Hydrazme	;	       302-01-2
Hydrazine sulfate	;.	      10034-93-2
Hydrochlonc acid	      764-01-07
Hydrogen cyanide	        74-90-8
Hydrogen fluonde	      7664-39-3
Hydroqumone	       123-31-9
Isobutyraldehyde	'."".'.".        78-84-2
Isopropyl alcohol (mfg —strong acid processes)	        67-63-0
4.4'-lsopropyhdenediphenol	        80-05-7
Lead	      7439-92-1
Undane      [Cydohexane.      1.2.3.4.5.6-hexachloro-.(l.alpha..2.alpha..       S.beta.
  4.alpha..5.alpha ,6.beta.)-]	        58-89-9
Maleic anhydride	       108-31 -6
Maneb [Carbamodithioic acid, 1,2-ethanediylbis-, manganese complex]	     12427-38-2
Manganese	      7439-96-5
Melamine	       108-78-1
Mercury	.'	      7439-97-6
Methanol	_	        67-56-1
Methoxychlor [Benzene. 1.1'-(2,2 2-tnchloroetnytidene)bis[4-methoxy-]	        72-43-5
2-Methoxyethanol...	       109-86-4
Methyl acrylate	        96-33-3
Methyl te/r-butyl ether	__	                  1634-04-4
4.4'-Meth lenebis(2-chloro aniline) (MBCCA)		       101-14-4
4,4'-Methylenebis(A//V-dimethyl) benzenamine		       101-61-1
Methylenebis(phenylisocyanate) (MBI)	       101-68-8
Methylene bromide	_	        74-95-3
4.4'-Methylenedianiline	       101 -77-9
Methyl ethyl ketone	        78-93-3
Methyl hydrazme	        60-34-4
Methyl iodide	_	_	_	        74-88-4
Methyl isobutyl  ketone	       108-10-1
Methyl isocyanate	_	,	       624-85-9
Methyl methacrytate	        80-62-6
Michler*s ketone	        90-94-8
Molybdenum tnoxide	_	      1313-27-5
Mustard gas [Ethane. 1.V-thiobis(2-chloro-]	_	       505-60-2
Naphthalene	_	        91-20-3
a/p/»a-Naphthylamine	'"„"".	'.	'.       134-32-7
te/a-Naphthylamine...-..._	        91-59-8
Nickel			      7440-02-0
Nitnc acid	...."".".!	'.	      7697-37-2
Nrtnlotnacetic acid	       139-13-9
5-Nriro-o-anisidine	         99-59-2
Nitrobenzene	         98-95-3
4-Nrtrobiphenyl	        92-93-3
         C12
         COS
         C06
         C11
         C14
         C14
         C14
         COS
         C06
         COB
         C01
         COS
         C01
         COS
         C11
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         C13
         C09
         C07
         C03
         C04
         COS
         C03
         C02
         C04
         C13
         C11
         C11
         C16
         C16
         C16
         C07
         C07
         COS
         COS
         C15

         C02
         COS
         C16
         C15
         C10
         C15
         COS
         C03
         COS
         COS
         C06
         C10
         CIO
         C11
         C02
         CIO
         C07
         C11
         C02
         C07
         C11
         COS
         C07
         CIS
         C13
         C01
         C10
         C10
         CIS
         C16
         COB
         C12
         C12
         C12
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21172
Federal Register  / Vol  52. No. 107  / Thursday. June 4. 1987 /  Proposed  Rules
                                    Chemical name
                                                                                            CAS No.
                                                                                        Generic
                                                                                      classification
                                                                                          code
                                                                                                                           Effective date
Nitrofen [Benzene. 2,4-dich!oro-1-(4-mtrophenoxy)-]	_	_	      1836-75-5
Nitrogen mustard [2-Chtoro-N-(2-chlofoethyl)-N-methylethanamine]			        51-75-2
Nitrogtycenn	_	-	-	-        55-63-0
2-Nitrophenol	—	—	—••	        88-75-5
4-Nrtrophenol	_	-	_...........—.       100-02-7
2-Nitropropane	—        79 46 9
p Nitrosodiphenylamine	_	-	       156-10-5
N /V-Dimethvtanilina                                      .._._	_	       121-69-7
• V.£* h^lllfVtllJIWII.I. >w .•.•.•.•••••••....*..................................•.. . .                                          ***».« • «« M
/V-Nitrosod>-n-butylamine	_			-		       924-16-3
/V-Nitrosodiethylamine	_	—        55-18-5
fV-Nitrosodimethylamlne	»	...——........        62-75—9
/V-Nitrosodiphenylanwne				        86-30-6
>V-Nitrosodi-/M>roDvlamine         ...............	_	_.........—....._..	-       621-64-7
*• • ^IM**«****«^«T« **•*/•••••••••»• ••»•••••••••••••••••••••••••••••••••••••«••—••«•«•« •
/V-Nitrosomethytvmylamine				-	      4549-40-0
/v-NitrosornorDholine       	—	„—..................	        59-89-2
•* • «M»*wW"»W» f" r^fmmwrtf ••••(••••••••••••••••»•>•»•••••••••••••••••"•'-"'•»» "•                                         ^ff\ ^M A
/V-Nitroso-»V-ethylurea			-		       759-73-9
/V-Nitroso-fV-methvlurea		-	-	       684~!?"5
AMMitrosonomicotine			—     16543-55-8
A&MrtrofiODinendinci                               	••	—.—.—.       100-75-4
rV"1^IIU W9Wl/lfCT lull l» • •••••..•••••••••••••••••••.••••••• •••••••••••••••••••••••••••••  .                                     ...... . 4 n  «
Octachloronaphthalene		.——			      2234-13-1
Osmium tetroxide						     20B16~12~°
Parathion [Phosphorothioic acid. 0.0-dwth 1-0-(4-nitrophenyl)ester]	        56-38-2
Pentachlorophenol (PCP)		        87-86-5
Peraeetie acid                                                   	        79-21-0
Phenol       		"	           	       108-95-2
        	"	                             106-50-3
                                                                                               90-43-7
Phosnene                         		        75-44-5
  •W0)j«ai iw ........••••••••...••..                                                                      ^COA 4O 4
Phosphoric acid.—	-	-	      7oo4-jB-z
Phosphorus (yeliow'or white)		-      7723-14-0
Phthalic anhvdnde               -	—	_..............—.        85-44-9
Pnricaua        	ZZ"Z..._		        88-89-1
r>olychlorirated"wphen^sTroBs)~~:i.;..".!					      !^fj
Prnnane sullone                                              ..............—..........—...——•      1120-71-4
f-ivfoiw awiwi •«	.—	 .                                                    S7.57—A

Propk>naldehyde...."-.I!!Z-!ZJZ			        123-38-6
Propoxur [Phenol. 2-(1-methylethoxy)-lmethylcarbamate]		        114-26-1
Propytene (Propene)		        '15-07-1
Proovleneiinine                         .....H.................	......—•	        75-55-8
    py    , oJJde	                                  		        75-56-9
                	"	          	                                       110-86-1
                                                                                               91-22-5
                                                                                               106-51-4
Ouintozene [Benzene, pentachtoronitro-1	        82-68-8
Sacchann (manufactunng) [1^-Benzisothiazol-3(2HH>ne.1.1-dioxide]	         81-07-2
                                                                                                94-59-7
                                                                                             7782-49-2
 Silver and compounds						      7440-22-4
 Cnrlnim hwrirovide (solution)              	__......_	       1310-73-2
^wuiuin nywiw**ww |«»*II*M^*I if [[["                         _j  ^ ^
 Qnrluim eiiHate (solution)                    ..   . _	       7757-oZ-O
 ^^mmn Btjiicitv \owiwtn^ii/......••••••••••••••••••••••••••••••••••••••••••••••••••••••....................™...... .. .
 Styrene			—		        100-42-5
 Stvrene oxide.«	.._.....»».	•••••	....—•——•         96^/9—3
 Sulfurlc acid ..!i!ZZZ._-	.".		•	•	-••       7664-93-9
 Terephthalic 'acidZZZZI				-»		•	        100-21-0
 1.1,2,2-Tetrachloroethane.....™..—		—	-..	-	_............_..-.—.—.....         79-34-5
 Tetra'chloroethytene(Perchloroethylene)			        127-18-4
 Tetrachlorvinphos  [Phosphoric  acid,  2-chloro-1-(2,4,5-trichlorophenyr,ethenyl  dimethyl

 Thallium ZZZZZ-ZZZZZZ..Z...	._	-.	.	       7440-28-0
 Thioacetamtde	..—	        62-55—5
 4,4'-Thiodianiline........—	_......._..............._	_........—..._.—...       139-65-1

 Thorium dioxide            !!TZ"ZZZZZZZZZZZ	-	      1314-20-1
 Ttonwmdto»deZ";"	_	~._		     13463-67-7
 Titanium tetrachtoride	-	      7550-45-0
 Toluene				       108-88-3
 Toluene 2.4 diisocyanate	-	-	-	       584-84-9
 Toluene-2.6-diisocyanate				        21"2»~I
  7-Toluidino .•••••	.«	-	-«	............—	••	«...——••«        95—63-4
  >.Toluidine hvdrochloride		.	       836-21-5
  f l utuiuiira iiyuiwoinui tfa......—.—..._........._..._._	_.........._	_                          anni  ne n
 Toxaphene		,				-			—       8001-35-2
                                                                                                                    C15
                                                                                                                    C10
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    CIO
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C12
                                                                                                                    C04
                                                                                                                    C15
                                                                                                                    C13
                                                                                                                     C04
                                                                                                                     COS
                                                                                                                     COS
                                                                                                                     C10
                                                                                                                     COS
                                                                                                                     C09
                                                                                                                     C16
                                                                                                                     C16
                                                                                                                     COS
                                                                                                                     COS
                                                                                                                     C04
                                                                                                                     CIS
                                                                                                                     COS
                                                                                                                     C07
                                                                                                                     COO
                                                                                                                     C01
                                                                                                                     C11
                                                                                                                     COS
                                                                                                                     C11
                                                                                                                     C11
                                                                                                                     C07
                                                                                                                     C12
                                                                                                                     C09
                                                                                                                     C06
                                                                                                                     C16
                                                                                                                     C15
                                                                                                                     C16
                                                                                                                     C16
                                                                                                                     C01
                                                                                                                     C06
                                                                                                                     C16
                                                                                                                     COS
                                                                                                                     C02
                                                                                                                     COS

                                                                                                                      C13
                                                                                                                      C15
                                                                                                                      C13
                                                                                                                      C13
                                                                                                                      C13
                                                                                                                      C15
                                                                                                                      C15
                                                                                                                      C15
                                                                                                                      C01
                                                                                                                      C11
                                                                                                                      C11
                                                                                                                      C10
                                                                                                                      C10
                                                                                                                      C02
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             Federal Register / Vol 52. No. 107 / Thursday. Tune 4. 1987 / Proposed Rules
21173
Chemical name
Trtaziquone[2.5-Cyclohexadiene-1.4-dione.2.3.5-tris(1-azindinyl)-] 	 _ 	 	
Trichlorfon [Phosphomc aod. (2.2.2-tnchloro-l-hydroxyethyl)-.dimethyl ester] 	
1.2.4-Tnchlorobenzene 	
1.1 ,1-Tnchloroethane (Methyl chloroform) 	 _ 	
1.1.2-Tnchloroethane 	 _ 	
Tnchloroethylene 	 • • ' 	
2.4.5-Tnchlorophenol 	 Z.ZZZZZ 	
2.4.6 Tnchlorophenol 	 __ 	 	 ZZ
Triflurahn [Benzeneamine. 2.6-dinitro-N.N-dpropyl-4-(tnfluoromethyl)-] 	 ZZZZZZ™
1. 2. 4-Tnmethyl benzene 	 	 	 	 . 	 	 	
Tns(2.3-dibromopropyl) phosphate 	 Z.ZZZ! Z 	
Urethane (Ethyl carbamate) 	 _ 	
Vanadium (fume or dust) 	 	
Vinyl acetate 	 	
Vinyl bromide 	 _
Vinyl chlonde 	 _ 	 _ 	
Vmylidene chloride 	 _ 	 	 	 	
Xylene (mixed isomers) 	 	 	
/n-Xylene 	 _. 	 ..
o-Xylene 	 _ 	
p-Xylene 	 	 	
2.6-Xylidme 	 _ 	
Zinc (fume or dust) 	 	 _ 	 _ 	 _ 	 	 	
Zineb [Carbamodithioic acid. 1.2-ethanedtytbis-. zinc complex] 	
CAS No.
68-76-8
52-68-6
49A—A9 1
71-55-6
79-00-5
79-01-6
95-95-4
88-06-2
1582-09-8
95-63-6
126-72-7
51-7B-6
7440-62-2
108-05-4
593-60-2
75-01-4
75-35-4
1330-20-7
108-38-3
95-47-6
106-42-3
87-62-7
7440-66-6
12122-67-7
Generic
dassificatjon
code
C11
C13
fy\A.
C02
C02
COS
C04
C04
C12
C01
C13
raw
C15
COS
COS
COS
COS
C01
C01
C01
C01
C10
C15
CIS
Effective date
01/01/87
01/01/87
IM /ni /AT
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
O1/O1/A7
01/01/87
01/01/87
01/01/87
01/01/87
M/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
fb) CAS Number listing.
CAS No.
50-00-0
51-28 5
51-75-2
51-79-6
52-68-6
53-96-3
55-18-5
55-21-0
55-63-0
56-23-5
56-38-2
57-12-5
57-14-7
57-57-8
57-74-9
58-89-9
60-09-3
60-11-7
60-34-4
60-35-5
62-53-3
62-55-5
62-56-6
62-73-7
62-75-9
63-25-2
64-67-5
67-56-1
67-63-0
67-64-1
67-66-3
67-72-1
68-76-8
71-36-3
71-43-2
Chemical name
Formaldehyde 	 	 _^. 	 . 	 . 	 ....
2.4-Dinitrophenol 	
Nitrogen mustard [2-Chloro-N-(2-chloroethyl) -N-methylethanamine] 	
Urethane (Ethyl carbamate) 	 	
Tnchlorfon [Phosphomc acid. (2.2.2-tnchloro-l-hydroxyethyl)-. dimethyl ester] 	 	
2-Acetylaminofluorene 	 	 ... 	 _ 	
/V-Nitrosodiethylamine 	
Benzarmde 	 _._ 	 	 ZZZZZZZZZ!!
Nitrogrycenn 	 ... 	 	 	 _ 	
Carbon tetrachloride 	 ...
Parathton [Phosphorothiotc acid. 0, 0-diethyl 1-0-(4-nitrophenyl) ester] 	 	
Cyanide compounds 	 ..... 	 „ 	 	 	 	 .. 	 .. 	
1.1 -Dimethyl hydrazine..... 	 	 	
6eta-Propiolactone 	 	 ZZZ""Z"
Chlordane [4. 7-Methanomdan. 1A4.5.6.7.8.85-Cydohexadiene-ll4-dione. 2.3.5-tns (1-azmdinyl)-] 	
n-Butyl alcohol 	 .«. 	 . 	 	 	 . 	
Benzene 	 	 	 	 _ 	 	 	
Generic
classification
code
C07
C12
C10
C09
C13
C10
C12
C09
C12
C02
C13
C16
C11
COS
COS
C02
C12
C10
C10
C11
C09
CIO
C13
C13
CIS
C12 •
C09
CIS
COS
ms
C07
C02
C02
C11
COS
C01
Effective date
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
O1/O1/R7
01/01/87
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01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
O1/O1/R7
01/01/87
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O1/O1/R7

U I/O 1/87
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21174
Federal Register / Vol 52. No. 107 / Thursday, June 4. 1987 / Proposed Rules

CAS No.
71-66-6
72-43-5
74-83-9
74-85-1
74-87-3
74-88-4
74-90-8
74-95-3
75-00-3
75-01-4
75-05-8
75-07-O
75-09-2
75-15-0
75-21-8
75-25-2
75-27-4
75-35-4
75-44-5
75-55-8
75-56-9
75-65-0
76-13-1
78-44-8
77-47-4
77-78-1
78-84-2
78-87-5
78-92-2
78-93-3
79-00-5
79-01-6
79-06-1
79-10-7
79-11-8
79-21-0
79-34-5
79-44-7
79-46-9
80-O5-7
80-15-9
80-62-6
81-07-2
81-88-9
82-28-O
82-68-6
84-66-2
84-74-2
85-44-9
85-68-7
86-30-6
87-62-7
87-66-3
87-86-5
88-06-2
88-75-5
88-89-1
9O-O4-0
90-43-7
90-94-8
91-O8-7
91-20-3
91-22-5
91-59-8
91-94-1
92-52-4
92-67-1
92-87-5
92-93-3
94-36-0
94-59-7
Chemical name
1.1.1-Tnchloroethane (Methyl chloroform) 	 	 	
Methoxychlor C Benzene, 1.1 '-(2.2. 2-tnchloroethylidene)bis [4-methoxy-] 	 	 	 	
Bromomethane (Methyl bromide) 	 	 	 	 	 _ 	 	
Chtoromethane (Methyl chlonde) 	 	 _ 	 	 	
Methyl iodide 	 	 	 	 	 	 	 	 	
Hydrogen cyanide 	 _.... 	 	 , 	 	 	 	 	
Methytene bromide 	
Chloroethane (Ethyl chlonde) 	
Vinyl chlonde 	 _ 	
Acetonitnte 	 	 	
Acetaldehyde 	
Dichloromethane (Methytene chlonde) 	
Carbon disulftde 	 	 _ 	 _
Ethytene oxide 	 	 	 -...
Bromo'orm (Tnbromomethane) 	
Dichlorobromomethane 	
Vinylidene chlonde _ 	
Phosgene 	
Propyteneimine ......_ 	 	
	 	 	 	 	
	 	 _ 	 - 	


•- 	 	

	 — 	
Propytene oxide 	 	 	 	
/erf-Butyl alcohol............... 	 — 	 	 	 ...
Chlorinated fluorocarbon (Freon 113) [Ethane. 1.1.2-tnchloro-1.2.2-trifluoro-] 	
Heptachtor [1,4,5,6.7,8.8-Heptachloro-3a,4,7.7a-tetrahydro-4,7.metharto-1H-(nder>e] — 	
HexAchlorocyclopentadiene 	 	 	 	 .......... 	
Dimethyl sulfate 	 - 	 	 	
Isobutyraldehyde 	
1 2-Dichloropropane 	 	 	
sec-Butyl alcohol
Methyl ethyl ketone 	
1 .1 ,2-Trichloroethane 	 	 _ 	
Tnchloroethylene 	 	 	
Acrvlanude 	 	
Acrylic acid 	
Chloroacetic acid....... 	
Peracetic acid .........._ 	 _
1.1 ,2,2-Tetrachloroethane 	 	
Dimethylcarbarnyl chlonde 	
2-Nrtropropane
4.4'-lsopropylidenediphenol 	
Cumene hydroperoxide 	 „
Methyl methacrylate 	 	
Saccharin (manufacturing) [1,2-Benzjsothiazol-';
C.I. Food Red 15 	 . 	 .
Ouintozene [Pentachloronitrobenzene] — 	
Diethyl phthalate 	 	
Dibutyl phthalate 	 	
Phthahc anhydride 	 	 	 	
Butyl benzyl phthalate 	 » 	
/V-Nitrosodiphenylamine. ........................................
2.6-Xylidine 	 _: 	
Hexachloro-1 ,3-butadtene 	 	
Pentachiorophenol (PCP) 	
2 4 6-Tnchlorophenol 	 	
2-Nitrophenol ........_.»__.._..._........... 	 ....
Picric acid 	 . 	 	 	
o-Anisidine . .
2-Phenylphenol ........................................... 	
Michler's ketone 	
Toluene-2,6-dnsocyanatn 	 _ 	
Naphthalene 	 	 	 	 	
Quinoline . . ..- ......._ 	 	
S.S'-Dichlorobenzidine 	
Biphenyl 	 __ 	
4-Anrunobiphenyl 	 	
Benzidine 	 -- _ 	 _ 	 ......
jUkll* K hABMjl

Saf rote . « . 	 	 . _

	 — 	
	 	 	

	 	
	

(2H)- one 1 1 -dioxide] 	 	


	 » 	


	 	
	
	 	
...__._.........._.._... 	 „...._...._........—.....
Generic
classification
code
C02
COS
C02
C01
C02
C02
C16
C02
C02
COS
C11
C07
C02
CIS
C06
C02
C02
COS
C09
C11
COS
COS
C02
COS
COS
CIS
C07
C02
COS
C07
C02
COS
C09
COS
COB
C09
C02
C09
C12
COS
COS
COS
C09
CIO
C10
C12
COS
COB
COB
COB
C12
CIO
COS
C04
C04
C12
COB
C10
COS
C07
C11
C01
C11
C10
CIO
C01
C10
C10
C12
C09
COS
Effective date
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/67
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/S7

-------
Federal Register /  Vol 52. No. 107 / Thursday.  Tune 4. 1987 / Proposed Rules
21175
CAS No.
94-75-7
95-47-6
95-48-7
95-50-1
95-53-4
95-63-6
95-80-7
95-95-4
96-09-3
96-12-8
96-33-3
96-45-7
97-56-3
98-07-7
98-82-8
98-87-3
98-68-4
98-95-3
99-59-2
100-O2-7
100-21-0
100-41-4
100-42-5
100-44-7
100-75-4
101-14-4
101-61-1
101-68-8
101-77-9
101-80-4
103-23-1
104-94-9
105-67-9
106-42-3
106-44-5
106-46-7
106-50-3
106-51-4
106-88-7
106-69-8
106-93-4
106-99-0
107-02-8
107-05-1
107-06-2
107-13-1
107-21-1
107-30-2
108-05-4
108-10-1
108-31-6
108-38-3
108-39-4
108-60-1
108-78-1
108-88-3
108-90-7
108-95-2
109-86-4
110-80-5
110-82-7
110-86-1
111-42-2
111-44-4
114-26-1
115-07-1
115-32-2
117-79-3
117-61-7
117-84-0
118-74-1
Chemical name
2.4-D [Acetic acid. (2,4-dichlorophenoxy)-] 	 _ 	 „...
o-Xylene 	 ___.... _ ....
oCresol 	 _ 	 _.„„ 	
1 ,2-Dichlorobenzene 	 	 _ 	 _.
o-Toluidine 	
1 ,2.4-Tnmethyt benzene 	 _....... 	 ...... 	 -.
2,4-Oiammotoluene 	 	 _
2.4,5-Tnchlorophenol 	 ™ 	
Styrene oxide 	 « 	 	 	
1 ,2-Dibromo-3-chloropropane (OBCP)... 	 	 	 	 .._..__... 	 .......... 	 ..........
Methyl acrylate 	 _ 	 	 . 	 . 	
Ethylene thiourea 	 	 	 !.........._._................................_._.............._
C.I. Solvent Yellow 3 	 _................. 	 .._ 	 	 .. 	 „„_ 	 _.._..... 	 .......
Benzoic tnchlonde (Benzotrichlonde) 	
Cumene 	 _ .. .
Benzal chloride
Benzoyl chloride.... 	 	 	 	 	 	 _.............................
Nitrobenzene 	 _ 	 _ 	 _ 	
5-Nitro-o-anisidine 	 	 _ 	 .,,.,,,.,.,.......,......,..,,,,,..,.,.
4-Nitrophenol 	 	 	 	 	 	
Terephthalic acid 	 	 	 _.......»__......„......_ 	 _...
Ethylbenzene 	 ...........................
Styrene 	 	 	 „...........„............._..._.„.„........_.
Benzyl chloride 	 	 	 _ 	
/tf-Nitrosopipendine 	 _ 	 	
4.4'-Methylenebis(2-chloroaniline) (MBOCA) 	 	
4,4'-Methylenebis(/V,AMlimethyl)benzenarnine ................................ ^....~...~............................ 	
Methylenebis(phenyliso cyanate) (MBI) 	 	 	 ................ 	
4.4'-Methylenediamline 	 .' 	 _ 	 	
4,4'-Oiaminodiphenyl ether 	 _..... 	 	 	 .......
BiS(2-ethylhexyl) adipate 	 	 . 	 .....
p-Amsidine 	 _............................._.._........„...«.....
2.4-Oimethylphenol 	 _ 	 , 	 	 	
p-Xylene [[[ 	 	 _....._................
1 ,4-Dichlorobenzene 	 _ 	 „. 	 ..........._...._„._.......:

Ouinone 	 	 .....*....... ... . .~ . ........... «•.............•••.
1,2-Butylene oxide 	 _ 	 _.. 	
Epichlorohydnn 	 _...._ 	 _ 	 _.............................................«.......
1,2-Dibromoethane (Ethylene dibrornide) 	 _ ... . _ 	
1,3-Butadiene.._ 	 _ .. 	 _....._.....
Acrolein 	 	 _._...
Ally! chloride 	 „ 	 . 	 [[[
l,?-Dichloroethane (Ethylene dichlonde) 	 	 	 - 	 	
Acrylomtrile 	 _ 	
Ethylene glycol 	 _ 	 , 	 ................ 	
Chtoromethyl methyl ether 	 _.._ 	 ...................... 	 ...
Vinyl acetate 	 	 	 _...„............_..._...._........._..„_..._._........_...:«.
Methyl isobutyl ketone 	 ........... 	 . 	
/n-Xylene 	 _ 	 _ 	 	 . 	 . 	 .„..» 	
Bis(2-chloro-l-methylethyl) ether 	 '. 	 _._ 	 _ 	
Melamine 	 	 	 [[[
Toluene 	 	 	
Chlorobenzene - 	 	
Phenol 	 	
2-Methoxyethanol 	 _ 	 _ 	 ...................
2-Ethoxyethanol . . . ._ 	 _..« 	 	
Cyclohexane - 	 ...........................
Oiethanolamine 	 _ 	 .,- 	 ,
Bis(2-chloroethyl) ether 	 ." 	 	
Propoxur [Phenol, 2-(1 -methyletnoxy)-.methylcarbamate] 	 	
Propylene (Propene) 	 ................................
Dicofol [Benzenemethanol. 4-chloro-.alpha.-(4
-------
21178
Federal Register / Vol 52. No. 107 /  Thursday. June 4, 1987  / Proposed Rules
CAS No.
119-90-4
119-93-7
120-12-7
120-71-8
120-60-9
120-82-1
120-63-2
121-14-2
121-69-7
122-66-7
123-31-9
123-38-6
123-72-6
123-91-1
126-72-7
12699-6
127-18-4
128-66-5
131-11-3
132-64-9
133-06-2
133-90-4
134-29-2
134-32-7
135-20-6
139-13-9
139-65-1
140-88-5
141-32-2
151-56-4
156-10-5
156-62-7
302-O1-2
309-00-2
334-88-3
463-58-1
492-80-8
505-60-2
610-15-6
532-27-4
534-52-1
540-59-0
541-41-3
'541-73-1
542-75-6
542-88-1
569-64-2
564-64-9
593-60-2
606-20-2
615-05-4
621-64-7
624-63-9
636-21-5
680-31-9
684-93-5
759-73-9
642-07-9
924-16-3
961-11-6
989-38-8
1120-71-4
1163-19-5
1310-73-2
1313-27-5
1314-20-1
1319-77-3
1330-20-7
1332-21-4
Chemical name
3,3'-Dimethoxyt>enBdme._ 	
3.3'-Oimeihylbenzidine (o-Tolidine) 	
Anthracene 	
p-Oesidine 	
Catechol 	 _ 	
1 ,2,4-Tnchlorobenzene 	 	
2.4-Dichlorophenol 	
2.4-Dinitrotoluene 	 	 	 	
At/V-Dimethylambne 	 	 !!.!.™"
1.2-Diphenylhydrazine (Hydrazobenzene) 	
Hydroquinone 	 . 	 . 	 .
Propionaldehyde 	 	 	 	
Butyraldehyde 	 	
1 ,4-Dtoxane .... 	 ......... 	 	 	
Tris-2,3-dibromopropyl) phosphate 	
Chloroprene 	 ___ 	 __ .
Tetrachloroethylene (Perchloroethylene) 	
C.I. Vat Yellow 4 	 	 _..
Dimethyl phthalata 	 ,..„....„, . 	 ""
Dibenzofuran 	 	 	
CaDtan f IM.IfiOinrinlA.1 1l9H\^imna 1o A 7 7a_tAtrahurirA_9 ritm*4«lM
Chlorarnben [Benzoic acid. 3-amino-2 5-dichlofo-]
o-Arusidine hydrochlonde 	 ...... 	 	
a/p/ia-Naphthylamne 	 ... 	
Cupferron [Benzeneamine, N-hydroxy-N-nitroso. ammonium salt]....
Nrtnlotnacetic add 	 	
4.4'-Thiodianiline 	 ...... 	
Ethyl acrylate 	 	 	
Butyl acrylate 	 	 __.«. 	 	 _ 	
Ethyieneimine (Azridme) 	 	 	
p-Nitrosodiphenytamine 	 „..„„„
Calcium cyanamxle 	 _ _ . 	 .
Hydraane 	 _. 	 ._ 	 _




	 	 	
• 	 	 	
	

	 	


rometnyl;thioj-j..........._ 	
	


	 	


AWnnt 1 ,4:5,8-Dimethanonaphthalene. 1 .2.3.4.10,10-hexachloro-l ,4>4a,5,8,8a-nexahydn>
(i.alpha.,4.alpha.,4a.bota. 5 .alpha. 8 alpha. 8a beta.)-]'
Diazornethana '.,..„,........_ 	 "„ 	 ..,..,,.7.,,
CarbonyleuMida. ..„,..„.._ 	 _.„. . ,
Auramine [Benzeneamine, 4 4'-cartxjnirmdoylbB[tN,r4- dimethyl-] ...
Mustard gas [Ethane. 1. 1'-thioba [2-chtoro-J 	
Chtorobenzilate [Benezeneacetic aod, 4-chlon>.alphB,-<4e .._
Bis(chloromethyl) ether 	 . 	 ..
C.I. Basic Green 4 	 ,.,.,......... 	 ...,„.,„ _,
Tokjene-2,4-dusoeyBnate 	 „..__ 	 . 	 .... 	 „.
Vinyl bromide 	 	 ,-,-.,... 	 _..........,„
2,6-Dinrtrotoluene ,„.„....




ophenyl)-.alpha.hydroxy-,

.......



— «.




2 4-Diamincam$Qle
/V-Nitrosodi-n-propytamine 	 	 	 . 	 	
Methyl isocyanatn . , 	 	 	 	 .
0-Toluidme hydrocMonde ... 	 	 „„
Hexamethylphosphorarrilde.._._ 	 	 	
rV-Nitroso-A^methyturea.- 	 	
/W.Nitroso-/U.methyl||r0a 	 _ 	 , .„
C.I. Solvent Yflllow 1*..._._ 	 	 , ,
A<-Nltrosodi-/M>utylamine 	 	



	
	
"*" " •"••• •

C.I. Basic Red 1 	 	
Propane suttone . , 	 	 ,„ „

Sodium hydroxide (solution) _ .. 	 	
Molybdenum trioxide 	 	 	 ^ .
Thorium dioxide .. 	 	 _ 	 	 L
Cresoi (mixed teomers) ._.__ .._
Xylene (mixed iSOfTWS)._. 	 „ 	 	 „.„.
Asbestos (friable) ..... 	 ,„.,,„ 	


• ..»••«••••> ••••••••••• •••»•»••••••••»•

	 	
	
Generic
classification
code
CIO
C10
C01
COS
COS
C04
C04
C12
CIO
C11
C07
C07
C07
C06
C13
C03
COS
C07
COS
C06
C13
C11
C10
C10
C12
COS
C13
COB
COB
C11
C12
C11
C11
COS
C11
CIS
C10
CIS
COS
C07
C12
COS
C09
C04
COS
COS
C10
C11
COS
C12
C10
C12
C11
C10
C13
C12
C12
C14
C12
CIS
C10
CIS
C04
C16
C15
C15
COS
C01
C16
Effective date
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/67
01/01/87
01/Q1/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/67
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87

-------
Federal Register / Vol 52, No. 107 / Thursday. June 4. 1987 / Proposed Rules
21177

CAS No.
1335-67-1
1336-36-3
1344-28-1
1464-53-5
1582-O9-8
1634-044
1836-75-5
1897-45-6
1937-37-7
2164-17-2
2234-13-1
2303-16-4
2602-46-2
2650-16-2
2632-40-8
3118-97-6
3761-53-3
3844-45-9
4549-40-0
4680-76-8
6484 52-2
7429-90-5
7439-92-1
7439-96-5
7439-97-6
7440-02-0
7440-22-4
7440-28-0
7440-36-0
7440-38-2
7440-39-3
7440-41-7
7440-43-9
7440-47-3
7440-48-4
7440-50-8
7440-62-2
7440-66-6
7550-45-0
7647-01-0
7664-38-2
7664-39-3
7664-41-7
7664-93-9
7697-07-2
7723-14-0
7757-82-6
7782-49-2
7782-50-5
7783-20-2
8001-35-2
10034-93-2
10049-04-4
12122-«7-7
12427-38-2
13463-67-7
16071-86-6
16543-55-6
20816-12-0
25321-22-6
25376-45-6
39156-41-7
Chemical name
Hexachloronaphihalene 	 	 	 	 _ 	 	 	 .. 	 ..._ 	
Polychlonnated biphenyls (PCBs) 	 	 """!!"!""."
Aluminum oxide 	 	 _ 	 _ 	 _ 	 _. 	 „„._. 	
Jiepoxytautane 	 _ 	 _ 	 _

Methyl terr-butyl ether 	 	
Nitrofen [Benzene. 2,4-dichtoro-144-rttvo0henoxy)-] 	 ....
CWofothalonil tl-3-8enzenecJ4cart>oortnte, 2.4,5,6-Uarachtoro-] 	 	 	 _.
Direct Black 38 	 ._ _. .. 	 	 _
Fluoneturon [Urea. N^I-dmetnyUM'- [3-0ntluoromethyl)phenyll-J .. __ 	
Oetachlomnaphthalen* 	 	 	 ._ 	 _ 	 „.„..„
Dialate [Carbamothioic aod, bisU-fnenyJelhydK S-(2£- dcnlorc-2-propenyQ «ster] 	
Dimcf Rli«fi
C.I. Aod Blue 9. diammoraum salt 	 . 	 „
C.I. Disperse Yellow 3 	 	
C.I. Solvent Orange 7 	 , 	 	 	 _ 	 _
C.I. Food Red 5..... 	 	
C.I. Acid Blue 9. disodium salt 	 	 	 	 	
AANitrosomethyivinylamine 	 	 	 _
C.I. Acid Green 3 	 	
Ammonium nitrate (solution) 	 	 __. 	
Aluminum (fume or dust) 	 , 	 .„..„,„„„,„„„..... 	 „ 	
Lead 	 	
Manganese 	 ...... 	 	 _ 	 	 	 	
Mercury 	 ,—,-,„.„.„......... 	
Nickel
Silver 	 	 	 	 	 	 __ .
Thallium 	 	 	 	 _.
Antimony.- 	 	 ., 	 	 .,_ 	 „„.„..„......... . .
Arsenic 	 	 	 _.......,...„ ., „ ,. ..
BATUMI 	 , 	 „„„„.„ ......_ 	
Beryllium 	 	 . ..... 	
Cadmium 	 _ 	 	 	 ..
Chromium ••••••.•.••••••••••....».•».•.....•...................•• .. •••••
Cobalt 	 	 _ 	 	 	 	

Vanadium (fume or dust) -,--,-„, 	
7me (Jymfl or dust).... 	 _ 	 „ 	 	 	 	
Titanium tetrachlonde 	 	 	 	
Hydrochloric acid 	 	 _ 	 	
Phosphoric aod 	 _ 	 	 	 	 	 	
Hydrogen fluoride ._ 	 __ 	 , 	 „„ . ...t .^
Ammonia 	 ,—„„-.„.,„„ 	 _._ _._._
SwMunc aod....- 	 	 ..„ 	 	 	 	 	 . . 	 .. 	
Nitnc flciri 	 ... . . . . •••^•j
Phosphor^* (yellow or whrte) . 	
Socbum sutfate (aotutun) 	 ,,.„ 	 	
Salfinuim 	
ChlpRno ,,.,., 	 . 	 , 	 _ 	 .........._ 	 > 	
Ammonivn) SVHate (SOhrflOn).-. .
Toxaphene . .,.„. 	 _. 	 _ 	 	 	 _ 	 _ 	 _ 	
nyd'anne svtfate 	 _'
Chlome dioxide 	 	 	 	 __ _ . _ ....
Zineb [Carbamodithiotc acid. 1,2-etnanediylbte-. me complex] 	 	
Maneb [Carbamodrthioic aod. 1^-ethanediylbis-. manganese complex] 	 	 	
Titanium dioxide... _
Direct Brown 95..._ 	 __ .
At-Nitrosonornicotine 	 	 .. 	 	 	
Osmium tetroxide 	 	 	 	 	 _ __ . __ 	 .._.„
Dichlorobenzene (mixed isomers) 	 _.. ._.._. , ,.,,_ 	 r
Diaminotoluene (mned tsomers) 	 _._._ 	 	 	 _.....
2,4-Diaminoanisale sulfale 	 	 __...„!

Generic
classification
code
C04
CXM
CIS
coe
C12
006
C15
C09
C14
C09
C04
C13
C14
C13
C14
C14
C14
C13
C12
C13
C16
C1S
C15
C15
CIS
C15
C15
C15
C15
CIS
CIS
CIS
CIS
CIS
C15
C15
C1S
CIS
CIS
C16
C16
C16
cie
C16
C16
C16
C16
C16
C16
CIS
C02
C11
C16
CIS
C16
CIS
C14
C12
C1S
C04
C10
C«O
Effective date
01/01/87
01/01/87
01/01/87
01/01/87
01/01/67
01/01/87
01/01/87
01/01/87
01/01/67
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/67
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87
01/01/87

-------
  (c) Chemical categories in alphabetical order.

                                     Category name


Antimony  compounds-ncludes any un,oue chem,cal substance that center* anfmony as part of that
                                                                          as

  chemical's infrastructure.
 Chtorophenots	
                                             H(5-x)
                             any unwue chemical substance that contains chromium as part of that
                                                               J,,,,....111.« HI	-—••-••••••••••••••••••••'
                            ;'I£^££m^"subsi^''thaTcoritons"cobit as part of that *™**^
                                                                      *
  R-(OCH2CH2)n
Where
  n=1.2.or3

  R
                                                                   diss^alK>n
                                ^^                              ^^ Blyco1
                          when removed, ywld otycol ethers wrth the structure:
                                           substance that eon^ns tead»



    infrastructure....
    Hiiia0uw*#M«i«>......—..-———	
   Potybrominated biphenyls (PBBs)
                                                      H(IO-x)
                               any un,Que chem,ca. substance ma, conta.ns seienium a, *****

                                                                        P8rt
                               ^
                                                                                                           01/01/87

                                                                                                           01/01/87

                                                                                                           01/01/87
                                                                                                             01/01/87

                                                                                                             01/01/87

                                                                                                             01/01/87
     chemical's infrastructure

-------
                FederaJ Regater / Vol BE "No. ICTT / Thursday. ]une 4. 1987  / ft-oposed  Rules

Category name
, 	 _
iinc compounds mckidcs any unique chemical substance that contains zinc as pan of mat chemicars
infrastructure 	 ,._„._ 	
	 	 	 „ 	 	 	 J

Genenc
classification

oic
U13

Effective date


01/01/87
Subpart D—Reporting Forms and
Instructions

§ 372.65  Toxic chemical release reporting
form and Instruction*.
  (a) EPA Form R, the Toxic Chemical
Release Inventory Form:
BILLING CODE CSW-60-M

-------
21180
                  Federal Register /  Vol. 52. No. 107 / Thursday. June 4j 1987  / Proposed Rutes    '   '
 Page
            of
                       pages
Important: Read instructions before completing form
Form Approved OMB No.:_

       Approval ExpIrM:.
                               U.S. Environmental Protection Agency

                          TOXIC CHEMICAL RELEASE INVENTORY


          Section 313. Title 111 of The Superfund Amendments and Reauthortzatlon Act of 1966
                                                                                        EPA Form R
                                                                                                      Report Number
                                                                                                      Calendar Year
 1.  CERTIFICATION  (Ktad and tlgii e/ltr eomplttiitg a,

  I certify under penally of lew that I run* par*onally examined and am familiar wim tn* kitermatlen aubmnted to Me and an eneened dooumente. and mat baaed
        moutry of moe* moMduai* mvnedieteiv mponalbi* lor omalnlng m* Mormation. I OBIIM mat tn* euvrttted Irrtortnatlon n BUB. accurate, end aempiete.
  en my Inquiry o«
                                   Name and official title of owner/operetar or aenle
 ,11.   FACILITY IDENTIFICATION

  A. Nam* and Location
                                                                  B. Technical Contact
                                  County.
                                                                    SVM Aaome
                Zip.
 Oly.
 State.

C. Fadtty Identifiers    _____  ______
              m-rm-rmn
                                                                               Facility Primary SIC Code |   |   |
 EPA ^fleat-n N-nbar I   I   I   I   I   I  I  I  I   I   I  I  I
 Islam* ot Ra
                  r   I   I   I   1   I   I  I  I  I  I   I   I  I

             ng Stream or Body of Water __^— — ^_
 U******* Nume. I   I   I   I   I   i  I  I  I   I  I   I   I  I  I


 O.  Parent Company Nam*	
                                                                                         Dun a Br*d*tnwt Number
                                                                                  m-rrn-rrrn
  III. OFF-SITE LOCATIONS TO WHICH ANY TOXIC CHEMICAL IS TRANSFERRED


 A.  Publicly Owned Treatment Works (POTW)
                                                                   2. Other off-tlte location
                                                                   Typa of traatmem/diapDMl (enter
                                                                   Nemo.
 B.  1. Other oil-site location
                                                          _J      h location w«»*reoMrolof reporttoo faeinty   |   1   J_J
                                                                   Or psWril OOmpvVIJr *                   t^B»     HA
                                                                                                    jnsv     •»»
     Type of I
                                •»   I   I   I  I  I
                                                                   3. Other off-ill* location
                                                                    .          -
                                                                   Typo of traatmem/dlcpoaai Jemer end*) I  I  I   I
                                                                   num*.
       k loaatlen under control of reporting faculty
       or parent company?
                                         D   D
                                                                   leeatien under eontrol ot reporting faolMly   |  |   |J
                                                                   PanMepmpan,7                    ^     m
           Check If supplemental sheet Is attached
  EPA Forrr 7740-20 (6/67)

-------
Federal Register / Vol. 52. No. 107 / Thursday. June 4. 1987 / Proposed Rules 21181
Page * of S pages Form R (continued)
IV. CHEMICAl IDENTITY ., V., ^ ,.-_.' 	 ', ; M, '.* ... :~
A. CAS.| | | | | |-| 1 |-| 1 B- Tr.d.S~,
. D
(Provide tne generic daulflcauon code and name /n Section C Mov.
Atfacn tAe reauired explanation 10 inii JUDIHUJIOII.)
Chemical or Chemical Category Name


(Complete I/ tne cnemlcal or cnemlcal caugory Identity It claimed a trade jecret oz you are reportinf a mixture or iradename
product under C. oelotv, and tne juppller AOJ provided you vltn ine jeneric clattificailon. )
Illl ^ 	 	

(Complete inn ttctlon only If you art rtpomnf a mixture or f radename product ai
Nwn* of product p^r
oar
the
kit

v.^ACTyrruMANJ>-uae«J?P,TO
(Cnec* all tnaf apply)
A. MANUFACTURE C. OTHERWISE USED
Impoft 1 	 1 f*"™n
.__ A* • manufacturing •«!__!
uao/proomlng|_J r— 1
*~ Ancuury or omer ino |__j
For »alo/dlitrlbutlon[ |
A« a byproduct [~|
Aa an ImpLnty | [
B. PROCESS
At a reaetam | |
** * ^sszisas* n
AiariarHei»| |
oo^oonvnt L™J
n
\ r
•
id you do not know tht ipecl/ic toxic chtmlcel component.;
you tviow the1 i^^l . __ _ _^ m
caettago ^^J
npoaltlon of »~M|
toxic Chemical I no - oomptote only ttnuBk eeettor. v ol
ha product? •— • «"• ••""

• . V1V .MAXIMUM AMOUNT OP THE CHEMICAL '
' -- .*' ON-arrEATANYTIMCDURINOTME ,; -
V.-J^; .REPORTWa,Pei»lOP;^m.- tJ^^,, ,.-.£,
Ch*oklh«
Reporting
That Appllee From"18"1 Rmn8* h Poundt Te
• n ° "
Q 100 "9
DO 000
1000 *-sw
DAA AOO
10.000 99-999
f»™»»^ 999 999
| I 100.000 •»».»»»
D. jukjh ju«* 9»999«999
1.000.000
Q 10.000.000 49.999.999
Q 60.000.000 99.999.999
__ aB9 999 999
[J 100.000.000 «••.•»•.» »
noag 999 ggg
500.000.000 »»».»»».»»»
j~1 i union moro than 1 bUllon


-------
211B2          Federal Register / VoL 52. No. 107 / Thursday. June 4.1987 / Proposed Rules
 Page   3   of    5  pages              Form R (continued)
VII. RELEASES TO THE ENVIRONMENT """ -
Total Release
(Ibs/yr)
A. Emission to th* Air
Fuallh* or non-ooleeatlen ^ f— 1
Em*r buck numMr [ \
4. Ottw oft-lit* location - |— •
Eni«r block numov 1 1
Chack M «upp»wiwn»al shMt Is attached. | |
Basis of
E«ttmato
(Entsr Coda)
D
n
n
n
n
n
n
n
n
n
n

Tills 111
See. 304
RslaaasT
Yes No
DD
DD
DD
Yes No
DD
DD
DD
DD





.•rvnij"* jgtf*% , ^P"P *~,
BA^BB^*
fVTnR
AppUai to
Rslsata?
Yes No
DD
DD
DD
Yes No
DD •
DD
DD
DD
Yes No
DD
DD
DD
DD


-------
   Federal Register / Vol. 52. No. 107 / Thursday, June 4.1987 / Proposed Rules
                                                                   21183
Page
of
pages
                       Form R (continued)
  VIII. WASTE TREATMENT METHODS AND EFFICIENCY

   General Wasteslream

  Check the box corresponding to the general
  wastestream.
G.
W « Wastewater
L • Uquld Waste (Non-Aqueous)
S B Solid Wasle (Including slurry/sludge)
    G W  L  S
- nnnn
2. nnnn
3. nnnn
4. nnnn
5. nnnn
«. nnnn
7. nnnn
.. nnnn
9. nnnn
10. nnnn
n. nnnn
« nnnn
n. nnnn
M. nnnn
|  |  Check If supplemental sheet to attached
                              Treatment
                              Method
                              (Enter Code)
                                Range of    Treatment
                                Influent     Efficiency
                                Concentration Estimate
                                (Enter Code)
                                        LD    —
                                        LD    —
                                        n    —
                                        CD    —
                                        n    —
                                        n    —
                                        LD    —
                                        n    	
                                        CD    	
                                        n    	
                                        LD    	
                                        CD    —
                                        LD    	
                                        n    	
                                            %

                                            %



                                            %

                                            %

                                            %

                                            %
                                            %

                                            %

                                            %

                                            %
                                          Based on
                                          Operating
                                          Data?
                                          yes   no
                                          CD CD
                                          n LD
                                          n CD
                                          CD n
                                          n a
                                          [D'CD
                                          CD LD
                                          CD CD
                                          CD LD
                                          LD D
                                          CD n
                                          LD n
                                          n n
                                          LD n
  IX.', OP
                                 ,#jto*&&^'&J&rt^«^^&fax&VM&&~ w .
  Describe actions taken since the last report to reduce the amount of toxic chemicals being i	
  S«?M MnMto? lor cod^ems wKxplanatlon of what Information to Include, or provide a narrative explanation
  In the space provided.


  TypeoV"V^?^j  ^.^niw^'ei^Wfiln^lti»w«iurtr^nu   '.;-'&\'l^**-^.'- •  "'.(toV,*B 'or**llon





 '    * f*c ^* * s"" ?»*'** j  ^^GOrreRt ^PM*" J'^c'^Prtoi^v*^"**' >'»*OB perBOrt****   *> '*^rft * * ^* ^s***' •*    *y *    r *
 '*  '''' >t ff**f#'"vfy* •f.f^'** *  ^ yeporllnO'-c'^ ^y*  yeai^'w < E cnanQe ^j 
-------
                                                           1987 />ropsedlbafe8
              Federal R«8J8ter / Vol. 52, No. 107 / Thursday,
21184
     •

      (b)  Instructions:
    DESTRUCTIONS FOR COMPLETING EPA FORM R  - THE TOXIC CHEMICAL
                     RELEASE INVENTORY REPORTING FORM
                            UNIT A — INTRODUCTION
     These instructions and the regulation (40 CFR part 372) should be read carefully
before completing EPA Form R, the Toxic Chemical Reteaee Inventory '«?"• F"
additional assistance in performing calculations required to complete this form, please
consult EPA's guidance manual for toxic chemical release reporting titled Gu.dance^r
Estimating Releases and Waste Treatment Efficiency for The Toxic Chemical Inventory
Form." This  document is available by contacting EPA at the address given in Unit B.10.
of these instructions.

      The completion of the Toxic Chemical Release Inventory form is required J-nder
section 313 in Title III of the Soperfund Amendments and Re authorization Act of 1986,
Pub. L. 99-499.  Title HI is itself called the "Emergency Planning and Community Right-
to-Know Act of 1986."  Section 313 requires owners a ndoperators ' of certain I acil itu»
that manufacture, process, or otherwise use certain toxic chemicals to report their total
annual re"easeTor' emissions of these chemicals from the facility -to fthe environmeni
S^ch report is to be sent to both EPA and to the state in which the facility is located.

      The purpose of this reporting requirement is to make available to
information  about releases of toxic chemicals resultingfrorr ' actmt.es
 facilities in a community.  The information w                       wao aid the
 agencies and researchers in gathering data and conducing research, as well as to aid the
 development of regulations, guidelines, and standards.

      The data in these reports will be maintained in a computerized data base as
 required by section 3lX,0 in Title UL This data base will be ^™™*t
 using computer telecommunications or similar means of access. ^*"'^a£°tnute
 claimed as a trade secret, however, is protected under specific provisions in the statute
 that are explained in these instructions,


              IMT B - APPLICABILITY AND GENERAL REQUIREMENTS

      (1) DEtErmination of Applicability. The decision flowchart in ^pllowing Figure
 1 can be used to help determine whethe? your facility is reared to subnut Toxic
 Chemical Release Inventory reports.

-------
           Federal Restate! / VoL 52, No. 107 / Thursday, lane 4.. 1987 / Proposed Rules
                               Figure  1
         Flowsheet for Determination of Applicability
Does your facility have
 10 or more full-time
    employees?
                      No
Reporting not required
Is your facility- classified
under SIC codes
20 through 39?
•
i
Does yo
manufacti
process, o
use any list
1
Yn
ur facility
ire, import.
r otherwise
ed chemical?
Manufacture,
Import
or
Process i
i
Calendar Year
1987
i
!
Calendar Year
1988
i

Calendar Year
after 1988

N« ,

Reporting not required!



•

Used ^ UJP more than. 10.000 pounds '
of the chemical in the No


Yes Did your facility manufacture, import
of the chemical in 1987? No^

k yes Did your facility manufacture, import
	 fr» ox process more than. SO.QQO pounds
of the chemfcal in 19887 *^


Did your facility manufacture* import ^
»«\r nrA^Acc mnrp thaiv 25 000 DOUndS
of the chemical in the past NO


Report must be filed
Reporting not required

Report must be filed
Reporting nor required

Report must be filed
Reporting not required

Report must be filed

Reporting not required


-------
    • •    -              -
     (2) Who Must Report. Reports must be filed by owners and operators of facilities
that meet" all three of the following criteria:
                    The facility has 10 or more full-time employees,
                    The facility is included in Standard Industrial Classification (SIC)
                    Codes 20 through 39; and
                    The facility manufactured (including importation), processed, or
                    otherwise used any applicable chemical in greater than threshold
                    quantities (see (3) below) in the course of a calendar year.

      (a)  SIC cods determination. SIC codes 20 through 39 are those codes within the
SIC system Division D - Manufacturing.  The reporting requirements «« generally

Sr^yl^^^
th« code that best describes the products made by the facility that ha.e the h,ghast
economic value.

      A facility is also covered, if its primary SIC code is not in the 20 through 39 range
but itis engaged in manufacturing  activities at that facility, and the products produced
correspond to those products as outlined in SIC codes 20 through 39.

      If you are not familiar with the SIC codes that apply to your facility, contact your
 trade association, Chamber of Commerce, or your legal counsel.
      For a detailed description of 4-digit SIC codes, refer to '!»



 Manual is PB87-1000012.

      fb) Mo»..fa,.t-..r». nrncess or otherwise use. The term "manufacture" means to
 produce, prepare. Xor^ °r compound a toxic chemical. It is important to note that the
 term manufacture includes importation.

       The term "manufacture" also Includes coincidental production of a toxic chemical




 7^000 Ibs for 1987), chemical B and relevant emissions of chemical B from the facility
 must be reported.




  preparing such substance, or (b) as part of an -article containing the toxic chem.cal.

        The term "process* also applies to the processing of a toxic chemical that is a
  component of a mixture or other trade name product.

-------
              Federal Haggler / Vol. 52. Mo. MP / Thursday, pone 4.1967 / Proposed Rutes	21187
      The term "otherwise used" encompasses any use of a listed chemical at a facility
 that is not specified by the defined actions of manufacture or process. For example, a
 facility that incorporates toluene Into a mixture for distribution in commerce is
 processing that chemical.  A facility that cleans equipment with toluene is not processing
 toluene but, nonetheless, is using toluene.

      (3) Threshold Quantities for Reporting. Section 313 sets certain reporting
 thresholds. These threshold quantities vary depending upon the activity (e.g.,
 manufacture, process, or otherwise use) and the year for which, the report is submitted.
 You must submit a report if the chemical is manufactured (including importation) or
 processed at the facility:

                   For calendar year 1967,  in quantities greater  than 75,000 pounds.

                   For calendar year 1988,  in quantities greater  than 50,000 pounds.

                   FOP calendar year 1989 and subsequent years, in quantities greater
                   than 25,000 pounds.

      You must submit a report if the chemical is otherwise used at the facility in
 quantities greater than 10,000 pounds in the course of a calendar year.

      (4) What Chemicals Must Be Reported? Chemicals and categories of chemicals for
 which release data must be reported are ttsted in 40 CFR 372.45 (Subpart C of the
 regulation).. There is an alphabetized list by chemical name of chemicals that have an
 associated CAS number. There- to ateo a list of the same chemicals rrr CAS number
 order. A third Fist gives the chemicaf categories for which reporting is required.

      As an aid- in determining what chemicals must be reported, EPA has developed a
 support document containing common synonyms and known trade names of the chemicals
 covered by the rule titled "Toxic Chemical Release Inventory — Glossary of Synonyms.*
 To obtain a copy of  this document contact EPA at the address provided in paragraph (10)
 of this Unit.

      (5) Reporting Related to Mixtures or Trade- Name Products of Undetermined
 Composition. Use or processing;of mixtures or trade name chemical products containing
 a listed chemical can trigger reporting. A factftty rs subject to reporting releases of
 toxic chemicals that result from the use or processing, of mixtures or trade name
products containing  such toxic chemicals. However, your facility may use or processes
mixtures or trade name chemical products of undetermined composition. In such cases,
you must make a reasonable attempt to determine if the product contains one or more
report able toxic chemicals. The following Figure 2 outlines the steps for making this
determination..

-------
21188
Federal Register / Vol. 52. No. 107 / Thursday. June 4.1987 / Proposed Rides
                                           Figure 2
        Reporting  Mixture and Tradename Product Information
     Do you use mixture/tradename product in amounts > 10.000 Ibs/yr
       or process mixture/tradename product in amounts > threshold
                         for year of report?
                                              I
                                                                                      Report not
                                                                                       required
                                 Y»s - Conuct Supplier
Is a Section 313 chemical in the product?
*<"
Will supplier give specific Section 313 identity?
— No
Supplier
— Will Not
Confirm
                                                                      Report not
                                                                      required but
                                                                     document the
                                                                        contact
                          z
        Will supplier provide you with
      percentage by weight of chemical in
                 product?
       z
               I No
                                               I
              No
                                          Will supplier give the Section 313
                                            genenc classification identity?
     Does the
  amount of the
  chemical meet
   threshold (s)?
     Yes
              No
         Enter specific
       chemical name in
         IV.B. Enter
        product name in
        IV.D.  Complete
           form only
       through Section V.
Will the supplier give the
 percentage by weight of
  the chemicals in the
       product?	
    Enter specific
    chemical in
       IV.B.
     Complete
    remainder of
       form
                                               Does the
                                              amount of
                                             the chemical
                                            meet threshold?
                                             I No
                            Report
                             not
                           required
                                                                   I No
                                                                                  I No
Enter product
name in IV.D.
Complete form
ONLY through
  Section V.
                                        Yes
             Enter generic
           name and code in
                IV.C.
                Enter
             product name
               in IV.D.
               Complete
               form only
                through
               Section V.
                                                  Enter generic _
                                                name and code in
                                                     IV.C.
                                                     Enter
                                                  product name
                                                    in IV.D.
                                                    Complete
                                                  remainder of
                                                     form

-------
              Federal Register / Vol. 52, No. 107 / Thursday. June 4.1987 / Proposed Rules         21189
      To begin with, identify those chemical products otherwise used in excess of 10,000
 pounds per year, or processed (e.g., used as a reactant, mixture component, or article
 component) in excess of the applicable threshold for the year of reporting (e.gn 75,000
 pounds for 1987).  Then, contact the supplier of the product and ask whether the product
 contains a reportable section 313 toxic chemical. If the response is "no" or if the
 supplier will not, for other, reasons, tell you then you have no further responsibility
 relative to that product. You must, however, keep a record of this contact. If the
 answer is "yes" then follow the steps outlined in Figure 2 to determine what you must
 report.

      (6)  How Many Reports to Submit. A separate report must be submitted for each
 covered toxic chemical at each facility. However, the information to be supplied on
 page 1 of the form (Sections I through III of the form) will be the same for all reports
 from the facility.  Therefore, page 1 needs to be completed only once.  The remaining
 pages of the  form  must be completed for each chemical. If you are reporting more than
 one chemical, photocopy page 1 of the Form and attach it to the remaining, chemical
 specific pages for  each chemical being reported.

      (7) Recordkeepinq. You must keep a copy of each submission. In addition you
 must keep the supporting materials used to develop the information contained in the
 submission. These records must be kept for a period of 5 years from the date of the
 submission. The records are to be kept at the facility for which the report is submitted
 and these records must be readily available  for inspection by ERA. If the facility closes
 permanently  these records must be sent to the owner or operator or the facility. If there
 is no other owner or operator of the facility such records must be sent to EPA.

      (8) When the Report Must Be Submitted.  The report  for any calendar year must be
 submitted on or before July 1 of the following year (e.g., the report for calendar year
 1987 must be submitted on or before July 1, 1988).

      (9) Where To Send The Report.: Submit reports to:

                   OTS Document Control Officer,
                   U.S. Environmental Protection Agency,
                   401 M Street, SW.,
                   Washington, D.C.  20460.
                   Attn:  Toxic Chemical Release Inventory

      Also, you must forward a copy of  the submission to the State in which the facility
is located. States will provide addresses to which the copies of the reports are to be
sent.

             NOTE: The copy of the submission sent to the State should be the non-
             trade secret version of the form.

-------
              Federal Register / Vol. 52. No. 107 / Thursday. June 4.1987 / Propo8ed_Ruie8_
     (10)  How to Obtain Forms and Other Information.  Additional copies of this form
and guidance documents may be obtained from:

                   TSCA Assistance Office,
                   Office of Toxic Substances,
                   Environmental Protection Agency,
                   Room E-543,
                   401 M Street, SW,
                   Washington, D.C. 20460,
                   (202) 554-1404.
                   Attn: Toxic Chemical Release Inventory,


        t MT C - SPECF1C INSTRUCTIONS FOR COMPLETING EPA FORM R

        Report Number. Leave this space blank.

        Calendar Year.  All reporting is by calendar year.  Enter the year in which the
        reported releases occurred (not the year the report is submitted) in the
        appropriate space.

 SECTION I — CERTFICATION STATEMENT;

      A senior official with management responsibility for the person (or persons)
 completing the form must sign the certification statement. This person must certify the
 accuracy and completeness of the information reported on the form by signing,•"?*««*
 the certification statement.  Print or type the name and title of the person who signs the
 statement in the space provided. This certification statement applies to  all information
 S ti ^tSTlSSlSg claims of trade secrecy and the required explanation for such
 claims.  (See Unit D of these instructions for specfic  instructions on trade secrecy claims
 and the required explanation that must be included with the submission.)

 SECTION II — FACILITY IDENTIFICATION;

                         A.  FACILITY NAME AND LOCATION

       Enter the'name of the facility (plant site name or appropriate facility designation),
 street address, city, county, state, and zip code in the space provided. Do not use a P.O.
 Box number as part of this location information.

                              B.  TECHNICAL CONTACT

       Enter the name, firm, title, street address, and telephone number (including area
 code) of an individual whom EPA, State officials, or  the public m«y COflt"ctK'"  nep
-------
              Federal Register / Vol. 52. No. 107 / Thursday. June 4.1987 / Proposed Rules	21191

                            C. FACILITY IDENTIFIERS

     Dun and Bradstreet Number. Use the number obtained from Dun and Bradstreet for
your facility. If your facility has not been assigned a Dun and Bradstreet Number,
indicate this in the appropriate space by entering £NA .

     EPA Identification Number. If your facility has been assigned an EPA
Identification Number, enter the  number in the appropriate space.  The EPA I.D. number
is a 12-digit number assigned to facilities covered by hazardous waste regulations of the
Resource Conservation and Recovery Act (RCRA) and other regulations under Superfund
(CERCLA). Facilities not covered by these regulations are not likely to have an assigned
EPA I.D. number. If your facility does not have an EPA I.D. number, enter &NA  in the
appropriate space.

     Standard Industrial Classification (SIC) Codes.  Enter the appropriate 4-digit
primary SIC codes for your facility. If applicable, enter any other 4-digit manufacturing
SIC code(s) (i.en codes in the 20 through 39 range). Enter up to 2 of these other SIC
codes for activities associated with the toxic chemicals being reported. If no other SIC
codes are applicable enter NA in these spaces.

     NPDES Permit Number. Enter the permit number your facility holds under the
National Pollutant Discharge Elimination System (NPDES). This permit number is
assigned to your facility by EPA or the State under authority of the Clean Water Act.
Enter the name of the surface water body or receiving stream to which the chemical is
directly discharged. Report the name of the receiving stream or water body as it
appears on the NPDES permit for the facility.

     UIC Identification Number. If your facility injects chemical-containing waste into
class 1 deep wells, enter the Underground Injection Control (UIC) identification number
assigned by EPA or by the State under authority of the Safe Drinking Water Act. If your
facility does not hold such a permit enter NA in this  space.

                              D. PARENT COMPANY

     If applicable, enter the name of the corporation or other business entity that owns
or controls the facility.  Also enter the Dun and Bradstreet Number for that parent
company. If the facility is not owned or controlled by another corporation, enter NA in
these spaces.

-------
SECTION III - OFF-SITE LOCATIONS TO WHICH ANY TOXIC CHEMICAL IS
TRANSFERRED;
^
relates to chemical-specific release information in section VILD. of the form.
                A. PUBLICLY OWNED TREATMENT WORKS (POTW)

WM^rZ^^^^^^
containing the reported chemicals to a POTW, enter NA.
                         B.  OTHER OFF-SITE LOCATIONS '



 needed attach a continuation sheet.
 SECTION IV - CHEMICAL IDENTITY;
                A.  CAS REGISTRY NUMBER A"n CHEMICAL NAME
      Enter the Chemical Abstracts Service (CAS) registry number for ^ chemical
 being reported.  If you are reporting one of the chemical categories (e.g. copper
 eo^und. enterr oin U. ™™%»^         ^ ft ^ ^ ,

 372.45 (the chemical listing section of the regulation?.
                            B. TRADE SECRET BLOCK




  you must complete Section IV .C.

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              Fedeial Register ./ VoL SZ. No. 187 / Thursday, f une V 7987 / Proposed Bales         21193

  C.  GENERiC CLASSIFICATIONS OF THE CHEMICAL OR CHEMICAL CATEGORY

     Complete Section IV.C. if you are claiming the chemical identity as a trade secret
(also see D, below). For the purposes of trade secret claims, ail listed chemicals and
chemical categories are pre-ciassified under one of the fallowing generic groups:
            Cl    Hydrocarbons
            C2    Halogenated Alkanes
            C3    Halogenated Alkenes
            C4    Halogenated Aromatics
            C5    HydroKy Compounds
            C6    Ethers and Epoxides
            C7    Aldehydes and Ketones
            C8    Carboxylic Acids, Esters, Lactones, and Anhydrides
            C9    Other Carboxylic Acid Derivatives
            CIO  Amines
            Cll  Amine Derivatives
            C12  Ntitro and NHtroso Compounds
            C13  Phosphorus and Sulfur Compounds
            C14  Azo and Hydrazo Compounds
            C15  Metal Containing Compounds
            C16  Non-Metal Inorganic Compounds

     Enter both  the Generic Classification code and the corresponding Generic
Classification name in the spaces provided. For example,  a company makes styrene and
claims this identity as trade secret. The chemical list in 40 OFR 372.45 shows that
styrene has been assigned to generic classification code "Cl" -which corresponds to the
generic classification name "Hydrocarbon." The company  woudd then enter "Cl"
"Hydrocarbon" in the spaces provided in Section IV.C.

            D.  MIXTURE OR TRADE NAME PRODUCT  JDENTFICATION

     Complete this section only if you are reporting based on the use or (processing of a
mixture or other trade name product and you do not know the specific listed toxic
chemical that is  in the product. Again, refer to Figure 2 of  these instructions to help you
determine the  proper information to enter on the form.

     Enter the name of  the mixture or trade name product on the line provided.

     Enter in Section IV.C. the generic classification name of the toxic chemical if the
supplier of the product provided this identity to you instead  of a listed toxic chemical
name.

     Finally, answer the question in Section IV JD. that relates to your having been able
to determine the percent by weight of the toxic chemical  in the product.  If your answer
is "yes" then you must complete the remainder of the  questions on the form. If your
answer is "no" then you are only requtred to complete through  Section V.of the fovn.

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21194         Federal Reeister / Vol. 52. No. 107 / Thursday. June 4.1987  / Proposed Rules
 SECTION V — ACTIVITIES AND USES OF THE TOXIC CHEMICAL AT THE FACILITY;

      This section requires an indication of whether the chemical is manufactured
 (including  imported), processed, or otherwise used at the facility and the general nature
 of such uses.  Mark all the appropriate block(s) in this section that apply. Following is an
 explanation of the activities and use indication terms:

                                 A. MANUFACTURE

      On-site use/processing. A chemical that is manufactured and then further
 processed or otherwise used at that same facility.

      Sale/Distribution. A chemical which is manufactured specifically for sale or
 distribution outside the manufacturing facility.

      Byproduct.  A chemical produced without a separate commercial intent during the
 production, processing, use, or disposal of another chemical substance or mixture, and
 following its production, separated from that other chemical substance or mixture^

      Impurity. A chemical that is unintentionally produced with another chemical
 substance and not separated.

                                    B. PROCESS

      Reactant. A natural  or synthetic  chemical used in chemical reactions for the
 manufacture of another chemical substance or product. Includes but is not limited to
 feedstock, raw materials, intermediates, and initiators.

      Formulation Component. A  chemical added to a product or product mixture prior
 to use or distribution that aids in the performance of the product in  its use. Examples
 include but are not limited to additives, dyes, reaction diluents, initiators, solvents,
 inhibitors, emulsifiers, surfactants, lubricants, flame retardants, and Theological
 modifiers.

      Repackaging*  Processing or preparation of a chemical or product mixture for
 distribution in  commerce in a desirable form, state, and/or quantity.

      Article Component.  A chemical substance that becomes an integral component of
 an article for industrial, trade, or consumer use.

                                  C.  OTHERWISE USE

      Chemical Processing Aid. A chemical that is added to a reaction mixture to aid in
 the manufacture or synthesis of another chemical substance but the chemical does not
 intentionally remain in or become part  of the product or product mixture. Examples of
 such chemicals include but are not limited to process solvents, catalysts, inhibitors,
 initiators, reaction terminators, and solution buffers.

       Manufacturing Aid.  A chemical that, through its function, aids in a manufacturing
 process.  Examples include but are not  limited to lubricants, metalworking fluids,
 coolants, refrigerants, and hydraulic fluids.

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              Federal Register J VoL S2. No. 1D7 / Thursday, loos 4,1987 J Proposed Rides         21195
     Ancillary or Other Uses.  A chemical that is used at a facility for purposes other
than a chemical processing aid or manufacturing aid as described above.  Includes but is
not limited to cleaners, degreasers, lubricants, and fuels...

SECTION VI - MAXIMUM AMOUNT OF THE CHEMICAL AT THE FACILITY;

     Check the box next to the range that covers the maximum quantity of the chemical
(in storage tanks, process vessels, on-site shipping containers etc.) at your facility at any
time during the reporting year. If the chemical is present at several locations within
your facility, use the maximum total amount present at any one time. Ranges of
quantities should be selected from the table on the form. You are not required to report
the maximum quantity itself on the form.

SECTION VII — RELEASES TO THE ENVIRONMENT?

     In Section VII of the form you are to account for the total aggregate annual
releases of the chemical to each environmental medium. These total releases include
"routine" emissions plus any amount released "accidentally.1"

     Under Title III a release is defined as any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into
the environment (including the abandonment or discarding of barrels, containers, and
other closed receptacles) of any "toxic chemical" (i.e.» a chemical listed in Subpart C of
the regulation).  Under this section of the form you are required to estimate both the
direct releases or emissions from your facility to the environment as well as your
transfers of the chemical to off-site treatment or disposal  locations as part of waste.

     To provide the release information required in this section of the form, you may
use readily available data (including monitoring data and emissions measurements)
collected pursuant to other provisions of law or as part of routine plant operations.
Where monitoring data or emission measurements are not readily available, reasonable
estimates of the amounts released may be made using published emission factors,
material balance calculations, or engineering calculations.  Do not use emission factors
or calculations to estimate releases if more accurate data  are available. No monitoring
or measurement of the quantities, concentration, or frequency of any toxic chemical
released into the environment, beyond that monitoring and measurement required under
other provisions of law or regulation, is required for the purpose of completing this form.

     For releases to each media you must answer four questions: (1) How much of the
chemical was released (in pounds per year)?, (2) Was any portion of that release (except
releases to off-site locations) reported under the emergency notification provisions of
section 304 of Title HI?, (3) What is the basis of estimate (e.g., what -was the primary
estimation method used to determine the quantity released)? and (ft) Is the release
specifically covered by a relevant environmental permit held by the facility?

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21196
i^^^M
^^B*^^^^"1

 Quantity Estimates
               Federal Register / Vol. 52. No. 107 / THursday. June 4.198» '/ Proposed Rules'
      Estimate as accurately as possible the quantities in pounds of only the listed
 chemical or chemical category that are released annually to each environmental
 medium. Do not include in this estimate other components of the waste stream. If you
 are reporting a listed category, combine the release data for all substances in the listed
 chemical category (e-g., all glycol ethers) and report this aggregate on a single form.  Do
 not report releases of each individual chemical in that category on a separate form. In
 all other cases a separate form is required for each listed chemical being reported.

      For metal compound categories report releases of only the parent metal.  For
 example, a user of various inorganic nickel salts would report the total nickel released in
 each waste regardless of the nickel's form (as the original salts, nickel ion, oxide, etc.;,
 and excluding any contribution to mass made by other species in the molecule.

 Basis of Estimate;

      For each release estimate you are required to indicate the principal method  by
 which the quantity was derived. Enter the letter code which applies to the derivation of
 the largest portion of the total quantity estimated.                         .
      For example, if 40 percent of stack emissions were derived using monitoring data,
 30 percent by mass balance, and 30 percent by emission factors, enter the code letter
 "M" for monitoring.

 The codes are as follows:

          M -  based on monitoring  data or measurement for the chemical in the
              wastestream as released.

          B -  based on a mass balance such as the amount of the chemical in streams
              entering and leaving process equipment.

          E -   based on published emission factors such as those relating release to
               throughput or equipment type.

          O -   based  on other approaches such as engineering calculations (for example,
               estimating volatilization using published mathematical formulas) or best
               engineering judgment.  This would Include applying an estimated removal
               efficiency to a wastestrearn even if the stream before treatment were fully
               characterized by monitoring data.

       The monitoring data, mass-balance, or emission factor must be specific to the
  chemical being reported. Otherwise, the estimate should be considered to be based on
  engineering  calculations or judgment. For example, if a mass balance yields the  flow
  rate of anlqueous waste but the quantity of chemical in the waste[»• b™* °" ^£*
  data, report "O" because "engineering calculations" were used as the basis of estimate.
  Alternatively, if the concentration of the chemical in the wastewater was measured,
  then the primary basis of estimate is ''monitoring11 even though a mass balance^
  calculation also contributed to the estimate. Use of mass balance should only be
  indicated if  it directly calculates the mass (weight) of chemical released. Use of

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^^^      ! .' Federal Register / Vol. 52. No. 107 / Thursday. June-4.1987 / Proposed Rules       •  21197

monitoring data should be indicated as basis of estimate only if the chemical
concentration is measured in the wastestream being released into the environment as
opposed to measured in other process streams containing the chemical.

Title III. Section 304 Release;

      Certain of the toxic chemicals subject to section 313 reporting are subject to
emergency notification provisions of Title III. If your facility has reported an emergency
release of the toxic chemical during the calender year under Title III Section 304 then
you must check the box "YES" in the column labeled 'Title III Section 304 Release?."
Section 304 is the emergency notification provision of Title III. Chemicals subject to this
notification are those "extremely hazardous chemicals" as listed under section 302 of
Title III and chemicals subject to section 103 of CERCLA.

Permit Applies To Release;

      The last column in Section VII asks for a "yes" or "no" indication of whether the   '
toxic chemical released is specifically covered by an environmental permit.  In general, a
facility would answer "yes" if the permit specifically includes or cites the  reported toxic
chemical.

                             A.  EMISSIONS TO THE AIR

      1. Fugitive or Nonpoint Air Emissions.  Enter the total quantity of emissions of the
chemical to the air which is not released through stacks, vents, ducts pipes,  etc or any
other confined air stream.  Include (1) fugitive equipment leaks from valves, pump seals,
flanges, compressors, sampling connections, open ended lines, etc., (2) evaporative losses
from surface impoundments, (3) releases from building ventilation systems, and (4) any
other fugitive or nonpoint air emissions.

      2. Stack or Point Air Emissions. Enter the total emissions of the chemical to the
air which are released through stacks, vents, ducts, pipes, etc.  Include storage tank
emissions.  Air releases from control equipment would generally fall in this category.

      All air releases of the chemical from the facility should be accounted for.  In case
of doubt about whether an air release 4s  fugitive or stack in nature, it is more important
that the release be included as one or the other than be omitted. Do not enter
information on individual emissions points  or releases on the form.

      For both fugitive and stack point emissions, check the appropriate box in the.
column titled "Permit Applies To Release?" Indicating YES means that the facility has
determined that the permit specifically includes or cites the chemical being emitted.
For example, a permit may set a numerical emission limit to control quantities of on or
more specific chemical released. The facility would answer "NO" if a permit sets a
performance standard for process equipment in which a chemical is made or used but the
permit does not specify the chemical.  Some facilities may have several similar emissions
controls that treat the same toxic chemical. If some but not all have permits that cite
the specific chemical, the the facility may still  answer "YES" in the permit column.

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21198         fftedmai-Kagteter J Vo»- 5g »fo.' ifl^fniiirVday. frnie 4.19^7 f Pmpo*e4 hides
                            B. DISCHARGES TO WATER

      Direct Discharges. Enter the total annual amount of the chemical released from
 all discharge points at the facility to surf ace waters (rivers, lakes, streams,; etc 0 Include
 both process outfalls such as pipes and open trenches and releases from on-site
 wastewater treatment systems in this category. Include in the total any contribution
 from stormwater if your permit includes stormwater sources.  Do not include "indirect*
 discharges to surface waters such as to a POTW or off-site wastewater treatment
 facility. Check "YES" in the "Permit Applies To Release" column if the discharge of this
 chemical is specifically covered by your facility's NPDES permit.

                              C. RELEASES TO LAND

      Report quantities of the chemical that were disposed of within the confines of the
 facility. Enter the appropriate disposal code  from Unit E of these instructions In the
 space provided. These types of disposal include placement in surface impoundments in.
 addition to subsurface disposal in landfills, infiltration lagoons and septic systems, or
 underground injection wells.

      For the purposes of this form, a surface impoundment is considered "final
 disposal."  Quantities of the chemical released to impoundments which are merely part of
 a wastewater treatment process generally should not be reported here.  If the
 impoundment accumulates sludges containing the chemical, include an estimate here  of
 the  annual accumulation of the chemicaHn such sludges. If, however, the sludges were
 removed from the impoundment during the year and disposed of in a different manner
 (e-g- if the sludge is disposed of in a different manner at the facility or if it ts transfered
 to an off-site location) then the amount of the chemical disposed should be reported
 under a different code in this section or It should be reported in section VILD. as an off-
 site release.

      Report the amounts that are placed in infiltration lagoons and/or septic systems as
 one total, since both are designed to allow wastes to percolate into near-surface soil.

      For the purposes of this reporting, storage tanks are not considered to be  a type of
 disposal and are not to  be reported in this section of the form.

      Enter the quantitiy released in pounds per year. Four lines are provided in this
 section of the form to accommodate various types of land disposal. If more space Is
 needed, mark the box at the bottom of this section and attach a continuation sheet.

      Check "YES" in the "Permit Applies To Release" column only if the chemical is
 part of a RCRA-covered hazardous waste.

                      D.  TRANSFERS TO OFF-SITE LOCATIONS

       Report in this section the quantity of the chemical sent to any of the off-site
 disposal, treatment, or storage facilities for which you have provided an address lr»
 Section III of the form.

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              Federal Register / Vol. 52. No. 107 / Thursday, June 4.1987 / Proposed Rules         21199
      Line D.I. is for releases to a POTW.

      Lines D.2., D.3., and D.4. are provided for releases to other off-site locations,
 including off-site private wastewater treatment.  For these lines you must enter the
 block number from Section III.B. of the form that corresponds to the off-site location to
 which you are transferring the chemical. If you need additional space check the box at
 the bottom of Section VII and attach a continuation sheet.

      Check "YES" in the "Permit Applies To Release" column only if the chemical is
 part of a RCRA covered hazardous waste.

 SECTION VIII — WASTE TREATMENT METHODS AND EFFICIENCY;

      In Section VIII, report waste treatment methods used on wastestreams containing
 the chemical; the range of concentrations of the chemical in the influent to the
 treatment method; the effectiveness of each treatment  method in removing the
 chemical; and indicate whether the treatment efficiency figure was based on actual
 operating data.

 General Wastestreamt

      For each waste treatment method reported, indicate the type of wastestream
 containing the chemical that is treated.  Mark one box that corresponds to the general
 wastestream:

      G = Gaseous

      W = Wastewater

      L = Liquid waste (non-aqueous)

      S = Solid waste (including sludges and slurries)

 Waste Treatment  Methods;

      Codes for treatment methods are included in Unit  E of these instructions. Enter
 the code for each treatment method used in connection  with wastes containing the
 chemical being reported.         *

      Treatment methods are to be reported by type of waste being treated, i.e. gaseous
 wastes (including gases, vapors, particulates), aqueous wastes, liquid non-aqueous, or
solids. Where a waste is a mixture of water and organic liquid, report it under aqueous
 wastes unless the  organic content exceeds 50 percent. Slurries containing water should
be reported as solids if they contain appreciable amounts of settlable or dissolved solids
such that the viscosity or density of the waste is considerably different from that of
process wastewater.

     Wastestreams may have a single source or may be  aggregates of many sources, as
when process water from several pieces of equipment is  combined prior to treatment.
Report treatments that apply to the aggregate wastestream. However, if your facility
 treats various wastewaters in different ways, then the different treatment methods must
each be listed.

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21200         Federal Renter / VoL 52. No. 107 /
      For any given wastestream, waste treatment may be a single step or a multiple
 step process. Where waste treatment consists of several of the methods, choose the
 method listed in Unit E of these instructions that best describes the treatment applied to
 that wastestream.  You are not required to separately list each part of the process.
 Note, however, that a wastewater treatment step and further incineration of the sludge
 from wastewater must be reported separately:  one treats the aqueous waste, the second
 treats a distinctly different "solid" waste.

       Your facility may have several pieces of equipment in similar service. It is not
 necessary to enter four lines of data to cover four scrubbers, for examp e, if all four are
 treating wastes of similar character (e^n gaseous emissions), have similar mflueni
 concentrations, and have the same removal efficiency.

 Range of Influent Concentration:

       The form requires an indication of the range of concentration of the chemical in
 the wastestream (i.e, the influent) as it typically enters the ^atment equipment.  Enter
 one of the following code numbers in the space provided that corresponds to the relative
 concentration of the chemical in the influent:

         1 =   (for liquid or solid) Greater than 1 percent
              (for gaseous) Greater than 10,000 milligrams per cubic meter

         2 -   (for liquid or solid) 100 parts per million (0.01 percent) to 1 percent
              (for gaseous) 100 milligrams per cubic meter to 10,000 milligrams per cubic
              meter

         3 =   (for liquid or solid) 1 part per million to 100 parts per million
              (for gaseous) 1 milligram per cubic meter to 100 milligrams per cubic
              meter
         4 =  (for liquid or solid) 1 part per billion to 1 part per million
              (for gaseous) 1 microgram per cubic meter to 1 milligram per cubic meter
              (for liquid or solid) Less than 1 part per billion
              (for gaseous) Less than one microgram
  Treatment Efficiency:
       In the space provided enter a number for the percent removal of the listed
  chemical (noTother waste constituents) from the wastestream. The treatment efficiency
  expressed as percent removal represents any destruction, biological degradation,
  comical reaction, or physical removal of the chemical from the, wastestream beino.
  treated. This efficiency should represent the mass or weight percent of ^rmwl
  destroyed or removed, and not just changes in volume or concentration of the comical
  or Us wastestream. For some treatments, the percent removal will rePresent removal by
  several mechanisms such as in secondary wastewater treatment where a chemical may
  evaporate, may be biodegraded, and may be physically removed in the sludge.

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              Federal Register / Vol. 52. No. 107 / Thursday, June 4.1987 / Proposed Rules	21201
      Percent removal should be calculated as follows:
        where I = mass of the chemical in the influent waste
        and  E = mass of the chemical in the effluent waste

      The mass or weight of chemical in the wastestream being treated should be
calculated by multiplying the concentration (by weight) of the chemical in the
wastestream times the  flowrate. When calculating or estimating percent removal
efficiency for various was test reams, the  percent removal should compare the gaseous
effluent from treatment, to the gaseous influent, the aqueous effluent from treatment to
aqueous influent, and likewise for organic liquid and solid waste.  However some
treatment methods may not result in comparable form of effluent wastestreams. Such
an example would be incineration of wastewater, where the percent removal of the
chemical  from the influent wastestream  would be reported as 100 percent.

      Some of the treatments listed in Unit E do not destroy, chemically react, or
physically remove the chemical from its  wastestream. Some examples of these include
fuel blending or encapsulation. For these treatments, an efficiency of zero should be
reported. The facility should report the concentration of the chemical in the waste
before treatment.

      All available 'data should be utilized to calculate treatment efficiency and influent
chemical concentration. If such data are lacking, then estimates will have to be made
using  best engineering judgment or  other methods. Methods for calculating releases and
treatment efficiencies are further discussed in the technical guidance document cited at
the beginning of this Unit.

      For metal compounds, the reportable concentration and treatment  efficiency
should be  calculated based on the weight of the parent metal and not the weight of the
metal compound(s).  Metals are not destroyed but can only be physically removed or
chemically converted from one form into another.  Therefore, the treatment efficiency
reported should only represent physical removal of the parent metal, not the percent
chemical conversion of  the metal compound. If a listed treatment method converts but
does not remove a metal, the method should be reported but the treatment efficiency
should be  reported as zero.

Based on Operating Data?

      This column requires you. to indicate "yes" or "no" whether the treatment efficiency
estimate is based on actual operating data. For example, you would check "yes" if the
estimate is based on monitoring of  influent and effluent wastes under typical operating
conditions. If the efficiency  estimate is based on published data for similar processes or
on equipment supplier's literature, you would check "no."

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21202	Federal Register / Vol. 52. No. 107 / Thursday. June 4.1987 /

SECTION IX - OPTIONAL INFORMATION ON WASTE MINIMIZATION;

      Information provided in Section IX of the form is optional. This section allows the
facility to describe waste minimization efforts involving the chemical. The facility may
choose to provide a narrative of its waste minimization projects. EPA would prefer,
however,  for ease of data entry, that the following elements be included as shown on the
form.

Type of modification!

      Enter one code from the following list that best  describes the type of waste
minimization activity:

        Ml   recycling/reuse on-site
        M2   recycling/reuse off-site
        M3   equipment/technology  modifications
        M4   process procedure modifications
        M5   reformulation/redesign of product
        M6  substitution of raw materials
        M7   improved housekeeping training, inventory control

Quantity  of chemical in the wastestream prior to treatment/disposal!

      Enter the pounds of the reported chemical in the waste(s) in the reporting year and
the pounds in the wastes) in the year prior to implementing waste minimization.
Alternatively, to protect confidential information, you may wish to enter only the
percent by which the weight of the chemical in the waste has changed.

Index;

      Enter the ratio of reporting  year production to production in the base year. This
index should be calculated to most closely reflect activites involving the chemical.
Examples of acceptable  indices include:

             chemical produced in 1987/chemical produced in 1986.
             paint produced in 1987/paint produced in 1986.
             appliances coated in 1987/appliances coated in 1986.
             sq.ft. of solar collector fabricated in 1987/sq.ft. of solar collector
              fabricated in 1986.
              value of sales in  1987/value of sales in 1986.

      For example, a company manufactures 200,000  pounds of  a chemical in 1986 and
 250,000 pounds of the same chemical in 1987. The index figure to report would be 1.3
 (1.25 rounded). The index provides a means for users of the data to sort out the effect of
 change in business activity from the waste minimization project proper.  It is not
 necessary to indicate the units on which the index was based.

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 	Federal Register / VoL 52. No. 107 / Thursday. June 4.1987 / Proposed Rules          21203

 Reason for action:

      Finally, enter the code(s) from the following list that best describe the reason for
 initiating the waste minimization effort:

        Rl  regulatory requirement for the waste
        R2  reduction of treatment/disposal costs
        R3  other process cost reduction

 Narrative description;

      Use the space provided to describe your waste minimization activities as a
 supplement to,  or in lieu of information provided in the coded part of this section.

           LIMIT D - TRADE SECRECY CLAIMS AND THE EXPLANATION

      Section 322 of Title III provides that the specific chemical identity (including the
 chemical or chemical category name and other specific identification) may be designated
 by the facility as a trade secret. To do so, check the box  in Section IV.B. of the form
 indicating that  the identity of the chemical is being claimed as a trade secret. As
 explained in Unit C.IV.C. of these instructions, enter the appropriate code number and
 the assigned generic classification name in the space provided.

      If you claim chemical identity as trade secret you must submit two copies of the
 form to EPA. One copy will be the complete submission including the chemical name  and
 CAS number. The second copy will be a "sanitized11 version in which  the CAS  number and
 chemical name  is left blank in Section IV.A. and B. of the form. This sanitized version is
 the form that will be made available to the public.  Also this non-trade secret copy is  the
 copy of the form to be submitted to the State.

      Any facility claiming trade secret protection for a chemical identity must also
submit an explanation of this claim at the time the form is submitted. This explanation
must demonstrate that all of the following statements are true for the chemical or
chemical category being reported:

        1.    That the facility has not disclosed the fact that the chemical is
             manufactured, processed or otherwise used at the facility to any other
             person, other than a member of a local emergency planning committee, an
             officer or employee of the United States or  a State or local government, an
             employee of such person, or a person who is  bound by a confidentiality
             agreement.

       2.    That the facility has taken reasonable measures to protect the
             confidentiality of such information and will continue  to take such
             measures.

       3.    That the information is not required to be disclosed or otherwise made
             available to the public under any other Federal or State law.

       4.    That disclosure of the information is likely to cause substantial harm to the
             competitive position of the facility.

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              Federal Reister / Vol. 52. No. 107 / Thursday. June 4. 1987 / Proposed Rules
        5.    That the chemical identity is not readily discoverable through reverse
             engineering.

      This explanation must be submitted with the copy of the form that contains the
specific chemical identity to EPA.  Otherwise the trade secret claim will be disallowed
without further notice to you.

      The submission should be sent by registered mail, return receipt requested.

      The facility may claim parts of the explanation document as confidential if that
information would reveal the chemical identity claimed as a trade secret or would reveal
other confidential business or trade secret information. To make this claim the facility
should clearly designate those portions of the document that are claimed as
confidential. The facility must include a certification that those portions of the
substantiation document claimed as confidential would, if disclosed, reveal  the chemical
identity being claimed as a trade secret, or would reveal other business confidential or-
trade secret information. This certification must be signed by the same senior
management official that signs the form certification statement.

      The facility must submit sanitized copies of this explanation to EPA and the State
because this explanation must also be made available to the public. Information claimed
as trade secret or otherwise confidential business in the explanation should  be omitted
from this version of the explanation document.

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	Federal Register /• Vol. 52. No. 107 / Thursday. June 4.1987 / Proposed Rules         21205

               UNIT E - DISPOSAL AND WASTE TREATMENT CODES

DISPOSAL CODES

             ID    Landfill
             2D    Land treatment
             3D    Surface impoundment (to be closed as a landfill)
             4D    Underground injection
             3D    Infiltration lagoon or septic system
             6D    Transfer to waste broker

WASTE TREATMENT CODES

 (a)    Incineration/thermal treatment

        II    Liquid injection incineration
        21    Rotary kiln incineration
        31    Fluidized bed incineration
        41    Multiple hearth chamber incineration
        51    Pyrolytic destruction
        61    Other incineration/thermal treatment

 (b)    Reuse as fuel

        1RF  Cement kiln
        2RF  Aggregate kiln
        3RF  Asphalt kiln
        4RF  Other kiln
        5RF  Blast furnace
        6RF  Sulfur recovery furnace
        7RF  Smelting, melting, and refining furnace
        8RF  Coke oven
        9RF  Other furnace
        10RF Industrial boiler
        11RF Utility boiler
        12RF Other reuse as fuel

 (c)    Fuel blending

        1FB  Fuel blending (general)

 (d)    Solidification

        IS    Cement-based processes
        2S    Pozzolanic processes
        3S    Asphaltic processes
        45    Thermoplastic techniques
        55    Organic polymer techniques
        65    Macro-encapsulation
        7S    Other solidification

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              Federal Regfartei / VoL^2^No. tQ7-/. Thnraday.>aa4.1987 / Proposed Rotes
(e)    Recovery of solvents and other organic chemicals

      1SR  Fractionation
      2SR  Batch still distillation
      3SR  Solvent extraction
      4SR  Thin film evaporation
      5SR  Other solvent recovery

(f)    Recovery of metals

      1MR Activated carbon (for metals recovery)
      2MR Electrodialysis (for metals recovery)
      3MR Electrolytic metal recovery
      4MR Ion exchange (for metals recovery)
      5MR Reverse osmosis (for metals recovery)
      6MR Solvent extraction (for metals recovery)
      7MR Ultrafiltration (for metals recovery)
      8MR Other metals recovery

(g)    Wastewater treatment

      i.   Cyanide oxidation

           1WT   Alkaline chlorination
           ZWT   Ozone
           3WT   Electrochemical
           AWT   Other cyanide oxidation

   ii.      Chemical precipitation (pH adjustment, Speculation, and
           settling (see Note 1)

           5WT   Lime
           6WT   Sodium hydroxide
           7WT   Soda ash
           8WT   Sulfide
           9WT   Other precipitation

  iii.      Chromium reduction

            10WT Sodium bisulfite
            11WT Sulfur dioxide
            12WT Ferrous sulfate
            13WT Other reduction

   iv.      Complexed metals treatment

            14WT High pH precipitation
            15WT Other complexed metals treatment

       v.   Emulsion breaking

            16WT Thermal
            17WT Chemical
            18WT Other  emulsion breaking

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              Federal Register / Vol. 52. No. 107 / Thursday. June 4.1987 / Proposed Rules        21207

  vi.      Adsorption

          19WT  Carbon adsorption
          20 WT  Ion exchange
          21WT  Resin adsorption
          22WT  Other adsorption

 vii.      Stripping

          23WT  Air stripping
          24WT  Steam stripping (Note 2)

viii.      Filtration

          25WT  Diatomaceous earth
          26WT  Sand
          27WT  Multimedia
          28WT  Other filtration

  ix.      Dewaterinq operations

          29WT  Gravity thickening
          30WT  Vacuum filtration
          31WT  Pressure filtration (belt, plate and frame, leaf)
          32WT  Centrifuge
          33WT  Other dewatering

     x.    Air flotation

          34WT  Dissolved air flotation
          35WT  Other air flotation

  xi.      Oil  skimming

          36WT  Gravity separation
          37WT  Coalescing plate separation
          38WT  Other oil skimming

 xii.      Aerobic biological treatment

          39WT  Activated sludge
          40WT  Rotating biological contactor
          41 WT  Trickling filter
          42WT  Waste stabilization pond
          43WT  Nitrification
          44WT  Other aerobic treatment

xiii.      Anaerobic biological treatment

          45WT  Anaerobic digestion
          46WT  Denitrification
          47WT  Other anaerobic treatment

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              Federal Register / VoL 52, No. 107 / Thursday. June 4,1987 / Proposed Rales
   xiv.      Other wastewater treatment

            A8WT  Wet air oxidation
            49WT  Neutralization
            50WT  Other wastewater treatment
            51WT  Primary wastewater treatment system
            52WT  Secondary wastewater treatment system
            53WT  Tertiary wastewater treatment system

 (h)    Treatment of air emissions

             1AT  Thermal oxidizer
             2AT  Catalytic incineration
             3 AT  Flare
             4AT  Condenser
             5 AT  Scrubbers
             6AT  Absorbers
             7AT  Filters
             BAT  Electrostatic Precipitations
             9AT  Carbon adsorption
            10AT  Other adsorption
            HAT  Mechanical separation
            12AT  Other air emission control
NOTES:

 1.    Chemical precipitation is a treatment operation whereby the pH of a waste is
       adjusted to the range necessary for removal (precipitation) of contaminants.  For
       purposes of this reporting flocculation and settling are considered part of the
       system.  NOTE: if the pH is adjusted solely to achieve a neutral pH THE
       OPERATION IS NEUTRALIZATION.

 2.    As a treatment operation, steam stripping is the removal of organic
       contaminants from a waste using direct or indirect contact steam for the
       primary purpose of complying with publicly owned treatment works (POTW) or
       National Pollutant Discharge Elimination System (NPDES) wastewater discharge
       limitations.

       [FR Doc. 87-12588 Filed 6-3-87; 8:45 em]
       BIUJNO CODE tMO-60-C

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                Federal Register / Vol. 52. No. 133  / Monday. July 13. 198?- / Reposed Rules
 Field Office, Office of Surface Mtaing
 Reclamation and Enforcement. 340
 Legion Drive. Suite 28. Lexington.
  -mtucky 40504: Telephone: (606) 233-
  27.
 SUPPLEMENTARY INFORMATION:

 I. Background
  On December 30.1981. Kentucky
 resubmitted its proposed regulatory
 program to OSMRE. On April 13.1982.
 following a review of the proposed
 program as outlined in 30 CFR Part 732.
 the Secretary approved the program
 subject to the correction of 12 minor
 deficiencies. The approval was effective
 upon publication of the notice of
 conditional approval in the May 18.
 1982. Federal Register (47 FR 21404-
 21435).
  Information pertinent to the general
 background, revisions, modifications.
 and amendments to the  proposed
 program submission, as well as the
 Secretary's findings, the disposition of
 comments and a detailed explanation of
 the conditions approval of the Kentucky
 program can be found in the May IB.
 1982. Federal Register notice.
 Subsequent action concerning the
 conditions of approval and program
 amendments are identified in 30 CFR
 917.11.917.15.917.16 and 917.17.

• 1. Submission of Amendment
   On December 10.1985. OSMRE
 ^ublished in the Federal Register (50 FR
 50293) the approval of the Kentucky
 Administrative Regulations (KAR) at 405
 KAR 7:070 concerning the blaster
 certification program.
  By a letter dated June 17.1987.
 (Administrative Record KY-739).
 Kentucky submitted to OSMRE pursuant
 to 30 CFR 732.17. an amendment to the
 Kentucky regulatory program. The
 amendment modifies the program
 procedures for certification of persons
 responsible for blasting operations
 incident to coal exploration and surface
 coal mining.
  Therefore, the Director is seeking
 public comment on the adequacy of the
 proposed program amendment
 Comments should specificially address
 the issues of whether the proposed
 amendment is in accordance with
 SMCRA and no less effective than its
 implementing regulations.

 III. Public Comment Procedures
   In accordance with the provisions of
 30 CFR 732.17. OSMRE is now seeking
 comment on whether the amendment
 proposed by Kentucky satisfies the
  ••quirements of 30 CFR 732.15 for the
   proval of State program amendments.
  . the amendment is deemed adequate, it
will become part of the-Kentacky
program.
Written Comments
  Written comments should be specific.
pertain only to the issues proposed in
this rulemaking. and include
explanations in support of the
commenter's recommendations.
Comments received after the time
indicated under "DATES" or at
locations other than the Lexington Field
Office, Lexington. Kentucky, will not
necessarily be considered in the final
rulemaking or included hi the
Administrative Record.
Public Hearing
  Persons wishing to comment at the
public hearing should contact the person
listed under "FOR FURTHER
INFORMATION CONTACT' by the
close of business on Jury 28.1987. If no
one requests an opportunity to comment
at a public hearing, the hearing will not
be held.
  Filing of a written statement at the
time of the hearing is requested as it will
greatly assist the transcriber.
Submission of written statements in
advance of the hearing will allow
OSMRE officials to prepare adequate
response and appropriate questions.
  The public hearing will continue on
the specified date until all persons
scheduled to comment have been heard.
Persons in the audience who have not
been scheduled to comment and who
wish to do so will be heard following
those scheduled. The hearing will end
after all persons scheduled to comment
and persons present in the audience
who wish to comment have been heard.
  If only one person requests an
opportunity to comment at a hearing, a
public meeting, rather than a public
hearing, may be held. A summary of the
meeting will be included hi the
Administrative Record.
Public Meeting
  Persons wishing to meet with OSMRE
representatives to discuss the proposed
amendment may request a meeting at
the OSMRE. Lexington Field Office
listed under "ADDRESSES" by
contacting the person listed under "FOR
FURTHER INFORMATION
CONTACT." All such meetings will be
open to the public and. if possible.
notices of meetings will be posted in
advance in the Administrative Record.
A written summary of each public
meeting will be made a part of the
Administrative Record.
IV. Procedural Determinations
   1. Compliance with the National
Environmental Policy Act The
Secretary has determined that pursuant
to section 702fd) of SMCRA. SO OAC
1292(d). no environmental impact
statement need by prepared on this
rulemaking.
  2. Executive Order No. 12291 and the
Regulatory Flexibility Act: On August
29.1981. the Office of Management and
Budget (OMB] granted OSMRE an
exemption from sections 3.4.7. and 8 of
Executive Order 12291 for actions
directly related to approval or
conditional approval of State regulatory
programs. Therefore, this action is
exempt form preparation of a Regulatory
Impact Analysis and regulatory review
by OMB.
  The Department of the Ulterior has
determined that this rule would not have
a significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) This rule would not
impose any new requirements; rather, it
would ensure that existing requirements
established by SMCRA and the Federal
rules will be met by the State.
  3. Paperwork Reduction Act: This rule
does not contain information collection
requirements which require approval by
the Office of Management and Budget
under 44 U.S.C. 3507.
List of Subjects hi 30 CFR Part 917
  Coal mining. Intergovernmental
relations. Surface mining, Underground
mining.
  Dated: July 1.1987.
Albert E. WUtehoiue,
Acting Assistant Director. Eastern Field
Operations.
[FR Doc. 87-15770 Flted 7-10-67; 8:45 am]
BILLING CODE 43KW6-M
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Part* 305 and 306

 (FRL-3230-2]

 Withdrawal of Arbitration Procedures
 and Natural Resource Claims
 Procedures for the Hazardous
 Substance Super!und

 AGENCY: Environmental Protection
 Agency.
 ACTION: Proposed rule; Withdrawal of
 regulations: Request for comments.

 SUMMARY: The Environmental Protection
 Agency (EPA or Agency) is requesting
 comments on its proposal to withdraw
 two procedural rules promulgated
 pursuant to the Comprehensive
 Environmental Response. Compensation
 and Liability Act of 1980 (CERCLA). The

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                 Federal Register / Vol. 62. No. 133  /  Monday. July 13,  1987 / Proposed Rules
                                                                    2B1B1
 rules concern: (1) The submission and
 evaluation of natural resource claims
 against the Hazardous Substance
 Superfund (Superfund) (40 CFR Part
 306). and (2) the arbitration of both
 natural resource and response claims
 (40 CFR Part 305]. EPA proposes to
 withdraw these two regulations because
 they have been superseded by
 provisions of the Superfund
 Amendments and Reauthorization Act
 of 1988. (SARA).
 DATES: Comments concerning thin
 request for comments must be submitted
 on or before August 12,1987.
 ADDRESSES: Comments may be
 submitted in triplicate to Henry L
 Longest. 0. Director. Office of
 Emergency and Remedial Response
 (WH-548). Environmental Protection
 Agency. 401M Street. SVV, Washington.
 DC 20460.
   Docket The public docket for the NCP
 revisions and the claims procedures is
 available for public inspection at the
 U.S. Environmental Protection Agency.
 Waterside Mall. Lower Garage. 401M
 Street. SW.. Washington. DC 20460. The
 docket is  available for viewing by
 appointment only. (202) 382-3046, from
 9:00 a.m. to 4:30 p jn. Monday  through
 Friday, excluding holidays. As provided
 in 40 CFR Part 2. a reasonable fee may
 be charged for copying services.
 FOR FURTHER INFORMATION. CONTACT:
 William O. Ross. Office of Emergency
 and Remedial Response (WH-548).
 Environmental Protection Agency. 401M
 Street. SW, Washington. DC 20460 (202)
 382-4645. or the RCRA/CERCLA
 Hotline, (800) 424-9346 (or 382-3000 in
 the Washington, DC metropolitan area).
 SUPPLEMENTARY INFORMATION:

 I. Natural Resource Claims Procedures
 Rule
  The Comprehensive Environmental
 Response, Compensation and Liability
 Act of 1980 (CERCLA). 42 U.S.C. 9601 et
sec;.. Pub. L. 96-510.  authorized the
 assertion  of two types of claims against
 the Superfund: Response claims
 authorized by section lll(a)(2) of
 CERCLA and natural resource claims
 authorized by section lll(a)(3) of
CERCLA. Response  claims are to
 reimburse private parties for at least
part of their costs in responding to a
 release, or threat of  a release, of a
 hazardous substance, pollutant or
 contaminant. Natural resource claims
 are submitted by Federal State, or
Indian tribe trustees for reimbursement
of the costs of assessing damage to a
natural resource, or  for the restoration.
rehabilitation, replacement or acquiring
the equivalent of a natural resource that
has been injured, destroyed or lost The
 submission and evaluation of natural
 resource claims was the subject of a rule
 promulgated by EPA on December 13,
 1985.50 FR 51196 el seq.. 40 CFR Part
 306. The Agency today announces its
 intention to withdraw this rule because
 CERCLA. as amended by SARA, does
 not authorize the appropriation of funds
 for the payment of natural resource
 claims.
  SARA treats natural resource claims
 in different ways. Section lllfcHH of
 SARA amends section  lll(b) of
 CERCLA to prohibit payment from the
 Superfund of a natural  resource claim
 unless the President determines mat the
 claimant has exhausted aD
 administrative and judicial remedies for
 recovering such claims from parties
 liable under section 107 of CERCLA.
 This restriction applies only to claims
 for restoration, rehabilitation.
 replacement or acquiring the equivalent
 of an injured natural resource'—not to
 claims for damage assessments. Another
 provision,  section lllfe) of SARA.
 amends section lll(e)(2) of CERCLA to
 prohibit payment from the Superfund hi
 any fiscal year where the President
 determines that such funds are needed
 for response to threats to public hearth.
  However, the above provisions are
 mooted by section SlTfa) of SARA,
 which amends the Internal Revenue
 Code as follows:
  Amounts in the Superfund shall be
 available, as provided in the
 appropriation Acts, only for purposes of
 making expenditures—
  (A) To carry out the purposes of—
  (i) Paragraphs (1). (2), (5). and (6) of
 section lll(a) of CERCLA as in effect on
 the date of the enactment of the
 Superfund Amendments and
Reauthorization Act of 1986.
  (ii) Section lll(c) of CERCLA fas so in
 effect), other than paragraphs (1) and (2)
 thereof * *
  It can be seen that section 517(a) of
SARA prohibits Superfund expenditures
 to carry out the purposes of section
lll(a)(3). (b). (c)(l). (c)(2) of CERCLA:
The authorizing provisions for natural
resource claims. Therefore, even though
 the programmatic sections regarding
natural resource claims still exist, the
authority to spend money far those
claims has been specifically revoked,
  The legislative history is dear that
Congress intended that natural resource
claims not be paid. The conference
report to SARA holds that "[t]he
conference agreement follows the House
bill in deleting natural resource damage
and assessment claims as a Superfund
expenditure purpose." H.R. Rep. No. 962.
99th Cong. 2d Seas. 321 (Oct 3.1986); see
H.R. Rep. No. 253.99th Cong. 2d Sesa,
pt. 2. at 54 (1985) House Report
  Because of section 517(8) of SARA,
EPA is today proposing to withdraw the
regulatory procedures for natural
resource claims. The Agency requests
comment, however, on the advisability
of suspending the regulations. One
rationale for suspending the natural
resource rule would be to have the
program in place in the event that
Congress restores funding. Despite that
possibility, EPA is inclined to withdraw.
rather than suspend the natural resource
rule. This is because, until Congress acts
otherwise, there is no statutory basis for
a natural resource claims program.
Suspension on the basis of what
Congress may do in the future would be
unduly confusing, and could give rise to
the unwarranted conclusion that the
Superfund will award natural resource
claims in the future.

IL Arbitration Rule

  Section 112 of CERCLA outlines
procedures for asserting either a
response or a natural resource claim
against the Superfund. Prior to the
enactment of SARA, section 112(b)(4) of
CERCLA required the creation of a
Board of Arbitrators to review contested
claim determinations by EPA.
implementing tKia statutory mandate.
the Agency promulgated a rule that
formally established an arbitration
board and set forth procedures for the
consideration of contested claims, 50 FK
51196 et seq. (December 13.1985). 40
CFR Part 305.
  Section 112(b) of SARA revokes the
statutory authorization for an arbitration
board. In its place, the amended section
112(b)(2) of CERCLA allows a claimant
to request an administrative hearing if
all or part of his claim is denied.
Paragraphs (3) through (5) of the revised
subsection 112(b) outline the general
parameters of the administrative
hearing. EPA intends to replace the
arbitration procedures currently
contained in Part 305 with procedures
for conducting such an administrative
hearing.
  EPA proposes to withdraw the
CERCLA arbitration rule. There appears
to be tittle basis for a suspension action
since: (1) All authority for arbitration
was specifically revoked, and (2) the
arbitration procedures were replaced by
an alternative administrative procedure.
However, the Agency requests
comments from those who believe that
suspension of the rule would be more
appropriate.
  Authority: 42 U.S.C. 9601 et teg. and
Executive Order 12580 sections 4 and ft.

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28162
Federal Register / Vol. 52, No. 133  / Monday. July 13, 1987 / Proposed Rules
  Dated: July 6.1987.
Lee M. Thomas,
Administrator.

List of Subjects
40 CFR Part 305
  Administrative practice and
procedure. Air pollution control
Chemicals. Claims. Hazardous
substances. Hazardous waste,
Intergovernmental relations. Natural
resources, Oil pollution, Superfund.
Water pollution control. Water supply.
40 CFR Part 306
  Air pollution control. Chemicals,
Claims, Hazardous substances,
Hazardous waste. Intergovernmental
relations. Natural resources, Oil
pollution. Penalties, Reporting and
recordkeeping requirements. Superfund.
Water pollution control Water supply.

PARTS 305 AND 306-4REMOVED AND
RESERVED]

  Chapter L Title 40 of the Code of
Federal Regulations is proposed to be
amended by removing and reserving
Parts 305 and 306.
[FR Doc. 87-15673 Filed 7-10-87; 8:45 am]
BtLUNO COK eSMMO-H
 FEDERAL COMMUNICATIONS
 COMMISSION

 47 CFR Parts 73 and 76
 [Gen. Docket Not. 87-24 and 87-25]

 Program Exclusivity In the Cable and
 Broadcast Industries
 AGENCY: Federal Communications
 Commission.
 ACTION: Order Granting Motions for
 Extension of Time in Gen. Docket 87-24
 and Gen. Docket 87-25.	

 SUMMARY: On June 15,1987 (released
 June 16,1087), in response to four
 requests for extension of time and for
 good cause shown, the Chief of the
 Office of Plans and Policy granted
 extension of time for Comments and
 Reply Comments in Gen. Docket 87-24
 (Amendment of Parts 73 and 78 of the
 Commission's Rules relating to program
 exclusivity in the cable and broadcast
 industries) and Gen. Docket 87-25
 (Compulsory Copywright License for
 Cable Retransmission).
 ADDRESS: Federal Communications
 Commission. Washington. DC 20554.
 EFFECTIVE DATES: Comments and Reply
 Comments  in Gen. Docket 87-24 are
 extended to July 22,1987 and September
 8,1987. respectively, and in Gen. Docket
                      87-25 to August 8,1987 and September
                      21.1987 respectively.
                      FOR FURTHER INFORMATION CONTACT:
                      James A. Hudgens. Office of Plans and
                      Policy. (202) 653-5940.
                      SUPPLEMENTARY INFORMATION: The
                      Notice of Inquiry and Notice of
                      Proposed Rule Making in Gen. Docket
                      87-24 was  published in the Federal
                      Register on April 30.1987 (52 FR15738)
                      and the Notice of Inquiry in Gen. Docket
                      87-25 was published in the Federal
                      Register on April 30,1987 (52 FR 15765).
                      with Comments in both proceedings
                      originally due June 22.1987 and Reply
                      Comments due August 6,1987.
                      Order Granting Motions for Extension of
                      Time in Gen. Docket 87-24 and Gen.
                      Docket 87-25
                        Adopted: June 15.1987.
                        Released: June 16.1987.
                        By the Chief, Office of Plans and
                      Policy.
                        1.  On February 12.1987. the
                      Commission adopted a Notice of
                      Inquiry and Notice of Proposed Rule
                      Making in Gen. Docket 87-24 (released
                      May 23.1987. FCC Record 87-65).
                      referred to as the "syndicated
                      exclusivity" proceeding, and a Notice of
                      Inquiry in Gen. Docket 87-25 (released
                      May 23.1987, FCC Record 87-66).
                      referred to as the "compulsory license"
                      proceeding. Due dates for Comments
                      and Reply Comments in both
                      proceedings were set for June 22,1987
                      and August 6,1987, respectively. The
                      Commission has received four requests
                      for extensions of time in connection
                      with the above-entitled proceedings,
                       three supporting statements, and three
                      oppositions.
                         2. On May 27.1987. the Community
                       Antenna-Television Association, Inc.
                       ("MCAT). submitted a "Motion for
                       Withdrawal and Redesignation of
                       Notice and Extension of Time To Allow
                       Adequate Comment" directed to Gen.
                       Docket 87-24. CATA requests that the
                       Commission "withdraw and
                       redesignate" the proceeding "as solely a
                       Notice of Inquiry." In addition and in the
                       alternative, it seeks a substantial
                       extension of time until all parties who
                       are likely to be "adversely affected" by
                       the potential adoption of new rules may
                       be adequately notified. CATA states
                       that the subject Notice "poses over 40
                       highly complex and interrelated
                       questions, yet it proposes no specific
                       rules  upon which commenting parties
                       can base their judgments and
                       conclusions." CATA argues that
                       commenting parties are being asked to
                       discuss very complex economic theories
                       within a very short time frame. In
                       support CATA cites the "adequate
notice" requirements of the
Administrative Procedure Act (5 U.S.C.
553(b)J and the requirements of notice
and potential effects of a new rule on
small business entities under the
Regulatory Flexibility Act (5 U.S.C. 603).
With respect to compliance with the
Regulatory Flexibility Act, it alleges that
the Notice does not as required, contain
a description and estimate of the
number of small entities to which the
proposed rule will apply as well as the
expected impact of that rule on those
entities (5 U.S.C. 603 (b) and (c)).
Instead, it continues, the Notice
determined (Par. 75) that although the
proposal would "*  *  * have no known
significant deleterious effect on small
entities." the proposal could have such
an effect upon thousands of rural cable
companies which would lose
"independent national or regional
microwave or satellite delivered
television programming."
   3. On June 2.1987. the Tribune
Broadcasting Company ("Tribune")
submitted its Motion urging that both
proceedings are complex and require a
complete and thorough record. Although
it has diligently begun to gather
extensive ratings and other information
for its submission, the breadth and
complexities of the issues involved have
rendered it impossible for Tribune to
complete the necessary data  collection
 and analysis by the prescribed comment
 date of June 22.1987. Grant of a 45-day
 extension of time in both proceedings.
Tribune states, will enable it and other
 interested parties to complete their
 gathering and analysis of data and to
 refine their positions on the difficult
 legal and policy issues raised in the
 proceedings. Further, Tribune adds, the  •
 National Association of Broadcasters.
 the Association of Independent
 Television Stations, and the National
 Cable Television Association have
 authorized Tribune to state that "they
 will interpose no objection to the grant
 of the instant request"
   4. On June 4.1987. United Video. Inc.
 ("United") requested a 90-day extension
 for filing comments in both proceedings
 and further requested that Gen. Docket
 87-24 be designated solely as a Notice
 of Inquiry. United States that it is a
 common carrier which distributes
 "superstations" (principally  WGN-TV)
 to cable television systems throughout
 the country and needs more time to
 ascertain whether syndicated
 exclusivity rules would render cable
 systems carriage of superstations
 "technically and economically
 infeasible", adding that "[s]uch a result
 would moot the compulsory license
 inquiry and terminate the basis for

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                 Federal Register  /  Vol. 52.  No. 134 / Tuesday. July 14.  1987 / Proposed Rules
                                                                    2C357
by the eligible veteran, or on a housing
uni: being or to be constructed or
remodeled for the eligible veteran, and
such initial amount o: ir^u;cnce may be
diijusted upward, si'./iec! to U.e
maximum insurance a\ silsble to the
eligible veteran, or dow.-.ward.
depending upon.'J.e amoun. of the
mortgage loans outstanding or. the date
of full disbursement of trt grant, or on
the date of final setllemer.1 of the
purchase, construction, or remodeling
egreement. whichever ap.'e IK the later
date.
  (4) Where an eligible veteran ceases
to own the housing unit purchased or
adapted in part with  a grant or
subsequently acquired housing unit
which was subject to a mortgage loan
that  resulted in his or her life being
insured under Veterans Mortgage Life
Insurance, and becomes obligated under
a mortgage loan on another housing unit
occupied or to be occupied by the
eligible veteran, the amount of the
unpaid principal outstanding on the
mortgage loan on the newly acquired
housing unit on tht date insurance
hereunder is placed in effect.
  (5} Where an eligible veteran incures
or refinances a mortgage loan, subject to
the provisions of paragraph (a) of this
section, the amount cf the incurred or
refinanced mortgage loan.
  (6) Where the title to a housing unit is
or will be vested in an eligible veteran
and his or her spouse, the amount of
insurance shall not exceed the principal
amount of the outstanding mortgage
loans. If title to an undivided interest in
a housing unit is or will be vested in a
person other than the spouse of an
eligible veteran, the amount of Veterans
Mortgage Life Insurance or his or her We
shall be computed to be such part of the
total of the unpaid principal of the loan
outstanding on the housing unit as is
proportionate to the undivided interest
of the veteran in the entire property.
   (7) All claims, arising out of the deaths
of insured veterans occurring prior to
October 1.1976. shall be subject to the
$30.000 lifetime maximum amount of
insurance then in effect
   (8) All claims, arising out of the deaths
of insured veterans occuring prior to
(date of final publication), shall be
 subject to the provisions of paragraph
 (a) of this section then in effect which
 limited the amount of Veterans
 Mortgage Life Insurance coverage  to a
 lifetime maximum per eligible veteran.
   (c) Any eligible veteran who prior to
 October 1. VJ76. was covered by $30.000
 Veterans Mortgage Life Insurance and
 who on that date became eligible to
 have his or her coverage increased may
 elect to retain the lesser amount of
coverage lie o- she had in effect prior to
that date.
(38 U.S.C. r.o.
  2. In C ivj 4 paragraphs (b) and the
first seme:i~e of par&grapii (cl) are
revised (c read et fol'ows:

§ 8a.4  Coverage.
•    •    •     •    •
  (b] The Emeum of Veterans Mortgage
Life Insurance in force on his or her life
at any one tinie shall be reduced
simultaneously (l) with the reduction in.
the principal of the mortgage loan,
whether or not the mortgage loan is
amortized. and (2) in addition, if the
mortgage loan is amortized, according to
the schedule for the reduction of the
principal of the mortgage loan whether
or not the schedule payments are timely
made. (38 U.S.C. 210. 606)
•    •    •     •   •
  (d) Subject to the $40,000 maximum
amount of insurance, and to the reduced
maximum amount of insurance available
to the eligible veteran, he or she is
entitled to be insured under  Veterans
Mortgage Life Insurance or to apply for
such insurance as often as he' or she
become obligated under a mortgage loan
or a refinanced mortgage loan on a
housing unit or a' successor housing unit
owned and occupied by the  eligible
veteran. * * *
(38 U.S.C. 210. BOS]
[FR Doc. 87-15900 Filed 7-13-87: B.-4S am]
BILLING CODE «32(M>1-U
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Part 370

 [FRL-3230-6]

 Hazardous Chemical Reporting;
 Emergency Planning and Community
 RighMo-Know Programs; Public
 Meeting and Reopening of Comment
 Period

 AGENCY: Environmental Protection
 Agency (EPA).
 ACTION: Proposed rule; notice of public
 meeting and reopening of comment
 period.	

 SUMMARY: Sections 311 and 312 of the
 Superfund Amendments and
 Reauthorizetion Act  of 1988 (SARA)
 establish local and State reporting
 requirements for facilities required to
 prepare or have available a material
 safety data sheet (MSDS) under the
 Occupational Safety and Health Act
 (OSHA). EPA will hold a public meeting
 to discuss several issues raised during
the initial n:le»nakin£ for sectionr 3V.
and 312 and has reopened th" n.-n-Dfrst
period en those issues.
DATES: Written comir-ents shonV1 L.-
suhrr.iiied OP. or before August 10 1SCT.
"iiii meeti.'g will be held on Mo'.:i.-y.
July 27.19S7. from 9:00 a.m. tc <.'^i L'-.I.
ADDRESSES: Written comments or. :ne
issue? discussed in today's notice
shouid be submitted in triplicate on or
before August 10.1967. to Preparedness
Staff. Superfund Docket Clerk.
Attention: Docket Number 300 PQ-1F,
Superfund Docket Room. Lower Garage,
U.S. Environmental Protection AReicy.
401 M Street SW.. Washington DC
20460.
  The meeting will be held in the EPA
Auditorium. 401 M Street SW..
Washington. DC 20460.
FOR FURTHER INFORMATION CONTACT:
Kathleen Brody or Chemical Emergency
Preparedness Program Hotline. U.S.
Environmental Protection Agency. WH-
562A. 401 M Street SW.. Washington.
DC 20460. Telephone: (800) 535-0202,
202-479-2449 (Washington, DC end
Alaska).
SUPPLEMEKTARY INFORMATION: On
January 27.1987, EPA published a
proposed rule  setting out a fonr. for
inventory reporting and regulations to
implement sections 311  and 312 of Til1'
III of the Superfund Amendments 
-------
 7:6358
Federal Register  /  Vol.  52. No. 134 / Tuesday. July 14.  1987 / Proposed Rules
 remaining hazardous chemicals would
 be reported.
   A large number of commenters
 .addressed the issues of the appropriate
 ••length of the phase-in and the
 appropriate threshold quantities for
 each year. Most comments favored the
 phase-in approach, with more
 commenters suggesting alternative
- quantities or lengths of time. The phase-
 in and reporting thresholds will allow
 time for planning and development of
 information management systems and
 will alleviate the administrative burden
 on government and industry.
   In the final rule. EPA is considering
 establishing a threshold for the second
 year of 10.000 Ibs. instead of 500 pounds
 and a permanent threshold of 500
 pounds beginning in the third year.
   In the proposed rule. EPA exempted
 the list of extremely hazardous
 substances from the threshold, requiring
 submission of MSDS or inventory
 information for any amount of these
 substances. EPA is now considering
 establishing a one-pound reporting
 threshold for such substances.
   The changes being considered would
 not eliminate the provision for public
 access to information below the
 threshold through requests to the local
 emergency planning committee or State
 commission, as appropriate.
   EPA requests comment on any of
 these issues. It should be noted that
  hese Section 311 and 312 requirements
 under Title III would be applicable, not
 only to manufacturing and other sectors
 currently covered under OSHA's Hazard
 Communication Standard, but also to
 non-manufacturing facilities which may
 be required to prepare or have available
 an MSDS under the forthcoming
 expansion of the OSHA Hazard
 Communication Standard. Hence, EPA
 is interested in comments from the non-
 manufacturing sectors on these
 threshold provisions.
 Modification of Hazard Categories
   Under section 311. a facility may meet
 reporting requirements by submitting an
 MSDS for each hazardous chemical or a
 list  of all such chemicals grouped in
 hazard categories as defined by the
 Occupational Safety and Health Act of
 1370 and regulations promulgated  under
 that Act [OSHA). Under section
 31!{:!(b) of SARA, the Administrator
 may modify the categories of health  and
 physical hazards as set forth unner
 CS'KA by requiring information 'u be
 reported in terms of groups of hazardous
 chemicals that present similar hazards
 n an emergency. Under section 312. Tier
 1 information is also submitted by
 ho-iiird category. EPA's proposed rule
  Jid not modify use of the OSHA lia/.ard
                      classification, a scheme of 23 categories.
                      but solicited comments on alternative
                      classification systems.
                        Based on the numerous comments
                      requesting modification of the categories
                      in the proposed rule. EPA is considering
                      consolidation of the 23 OSHA hazard
                      categories into five categories defined
                      below:
                        (1) "Immediate (acute) health hazard"
                      including highly toxic, corrosive, toxic,
                      irritant, sensitizer. and other hazardous
                      chemicals which cause an adverse effect
                      to a target organ (as defined by
                      1910.1200 of Title 29 of the Code of
                      Federal Regulations) which manifests
                      itself within a short period of time
                      following a one-time, high exposure to
                      the substance.
                        (2) "Delayed (chronic) health hazard"
                      including carcinogens and other
                      hazardous chemicals which cause an
                      adverse effect to a  target organ (as
                      defined by 1910.12CO of Title 29 of the
                      Code of Federal Regulations) which
                      manifests itself after a long period of
                      time following or during repeated
                      contacts with the substance.
                        (3) "Fire hazard" including flammable,
                      combustible pyrophoric. and oxidizer as
                      defined under 1910.1200 of Title 29 of the
                      Code of Federal Regulations:
                        (4) "Sudden release of pressure
                      hazard" including explosive and
                      compressed gas as defined under
                      1910.1200  of Title 29 of the Code of
                      Federal Regulations: and
                         (5) "Reactive hazard" including
                      unstable reactive, organic peroxide, and
                      water reactive 03 defined under
                      1910.1200  of Title 29 of the Code of
                      Federal Regulations.
                         EPA requests comment on this
                      reclassification.

                      Household Product Exemption
                         Section 311 (e) exempts from the
                      definition of "hazardous chemical" any
                      substance to the extent it is used for
                      personal,  family, or household purposes.
                      or is present in the same form and
                      concentration as a product packaged for
                      distribution and use by the general
                      public. Because the public is generally
                      familiar with such  substances, their
                      hazards, and their likely locations, the
                      disclosure of such  substances is
                      unnecessary for nght-to-know purposes.
                      .   EPA received numerous requests for
                      clarification of this exemption. Although
                       the clearest examoie of KS application is
                       ordinary household products stored in  a
                       home or located on a retailer's shelf,
                       EPA believes 'hat  this exemption may
                       also apply to such products prior to
                       distribution to the  consumer when
                       packaged in a iimiiar .-nmner and
                       present in the the =>Kme concentration as
                       a consumer product whether or not they
are used for the same purpose as the
consumer product. Thus, the term
"form" would refer to the packaging
rather than any physical characteristic
of the product. EPA solicits comments
on this approach to defining the scope of
this exemption.
  If you are planning to participate in
the meeting or present oral comments,
please contact the Chemical Emergency
Preparedness Hotline at the telephone
number listed under  "For Further
Information." Time slots of
approximately 10 minutes for each
presentation will be  allocated on a First
come, first served basis.
J.W. McGraw,
Acting Assistant Administrator. Office of
Solid Waste and Emergency Response.
[FR Doc. 87-15674 Filed 7-15-87: 8:45 am)
BtLUNQ COM BMO-60-M

Federal Communications Commission
47CFRPart73

[MM Docket No. 87-233, RM-5841]

Radio Broadcasting Services;
Melbourne and Jupiter, FL

AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.

SUMMARY: This document requests
comments on a petition for rule making
filed by Silicon East Communications
Corporation, licensee of Station
WVTIiFM). Melbourne, Florida, which
seeks to substitute Channel 296C2 for
Channel 296A at Melbourne, and to
modify its Class A license, accordingly.
To provide for channel 296A at
Melbourne, petitioner has also
requested that Channel 258A be
substituted for Channel 298A at Jupiter,
Florida, and the license for Station
WKSY(FM) modified to specify the new
Class A channel.  -
DATES: Comments must be filed on or
before August  24,1987. and reply
comments on or before September 8,
1987.
ADDRESS: Fedsal Communications
Commission. Washington. DC 20554. In
addition to filirg comments with the
FCC, interested parties should serve the
petitioner, or :t3 counsel or consultant.
as follows. Michael  J. Wilhelm. Vemer.
Liipfert. Itpmhard. McPherson and
Hand. Chdctared. 1660 L Street NW..
Washington. DC 20038 (Attorney for
petitioner).
FOR ?UftTV«a '^FORMATION CONTACT:
Montrosd H. Tyrf e.  Mass Media Bureau.
(202) 334-35.10.
sup^-iMSNTA^y INFORMATION: This is a
summary of ;h° Commission's Notice of

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27226
                 Federal Register  /  Vol. 52,  No. 138 / Monday. July 20.  1987 / Proposed Rules
                  nt and Certification ./ENVIRONMENTAL PROTECTION
                                       AGENCY
Economic' Ai
  These proposed regulations are
considered to be non-major under
Executive Order 12291 on Federal
Regulation  and non-significant under the
Department of Transportation regulatory
policies and procedures (44 FR 11034;
February 26. 1979).
  The economic impact of this proposal
is expected to be so minimal that a full
regulatory evaluation is unnecessary.
We conclude this because the
regulations exempt tugs with tows.
Since the economic impact of this
proposal is expected to be minimal, the
Coast Guard certifies that, if adopted, it
will not have a significant economic
impact on a substantial number of small
entities.

List of Subjects in 33 CFR Part 117

  Bridges.

Proposed Regulations

  In consideration of the foregoing , the
Coast Guard proposes to amend Part 117
of Title 33, Code of Federal Regulations,
as follows:

PART 117— DRAWBRIDGE
OPERATION REGULATIONS

  1. The authority citation for Part 117
continues to read as follows:

  Authority: 33 U.S.C. 499: 49 CFR 1.46: 33
   2. Section 117.911(d) is revised as
 follows:
                          B) Waterway!
 §117.911 Atlantic Intrae
 UWe River to Savannah River.
   (d) SR171/700 bridge across Wappoo
 Creek, mile 470.8 at Charleston. The
 draw shall open on signal; except that
 the bridge need not open from 6:30 a jn.
 to 9 a.m. and from 4 p.m. to 6:30 pjn.,
 Monday through Friday, except federal
 holidays. From April 1 to November 30,
 from 9 a jn. to 4 p.m., Monday through
 Friday, except federal holidays, the
 bridge need not open except on the hour
 and half-hour. From April 1 to
 November 30. from 9 a.m. to 7 p.m..
 Saturdays. Sundays and federal
 holidays, the bridge need not open
 except on the hour and half-hour.
 •    •    •    •    •
 Dated: July 2.1987.
 M.J. O'Brien.
 Captain. US. Coast Guard. Commander*
 Seventh Coast Guard District Acting.
 (FR Doc. 87-16405 Filed 7-17-67:8:45 am]
 BILLING CODE 4»10-M-M
40 CFR Part 372
[OPTS-400006; FRL-3213-7]

Toxic Chemical Release Reporting;
Community Rlght-To-Know

AGENCV> Environmental Protection
Agency (EPA).
ACTION: Proposed rule.	

SUMMARY: EPA is granting a petition by
proposing to delete the substance butyl
benzyl phthalate from the list of toxic
chemicals under section 313 of Title III
of the Superfund Amendments and
Reauthorization Act of 1986. EPA
proposes to amend the proposed rule
codifying the list of chemicals published
on June 4.1987 (52 FR 21152). Section
313(e) allows any person to petition the
Agency to modify the list of toxic
chemicals for which toxic chemical
release reporting is required.
   Comments: Written comments should
be submitted on or before October 19,
1987.
ADDRESSES: Written comments should
be submitted in triplicate to: Section 313
Petition Coordinator. CTS Docket Clerk,
OTS Reading Room NE-G004,
Environmental Protection Agency, Mail
Stop TS-793,401 M St.. SW.,
Washington. DC 20460. Attention:
Docket Control Number OPTS-400007.
FOR FURTHER INFORMATION CONTACT:
Edward A. Klein, Director, TSCA
Assistance Office (TS-799). Office of
Toxic Substances. Environmental
Protection Agency. Rm. E-542,401 M St.,
SW., Washington. DC 20460, (202) 554-
1411.
 SUPPLEMENTARY INFORMATION:

 I. Introduction
A. Statutory Authority
   The response to the petition and
 proposed deletion are issued under
 section 3l3(e)(l) of Title ni of the
 Superfund Amendments and
 Reauthorization Act of 1986 (Pub. L. 99-
 499. "SARA"  or "the Act"). Title III of
 SARA is also referred to as the
 Emergency Planning and Community
 Right-to-Know Act of 1986.

 B. Background
   Title ni of SARA is intended to
 encourage and support emergency
 planning efforts at the State and local
 level  and to provide the public and local
 governments with information
 concerning potential chemical hazards
 present in their communities.
   Section 313 of Title III requires owners
 and operators of certain facilities that
manufacture, process, or otherwise use a
listed toxic chemical to report annually
their releases of such chemicals to the
environment. Only facilities that have
manufacturing operations (in Standard
Industrial Classification Codes 20
through 39) and have 10 or more
employees must report. Such reports are
to be sent to both EPA and the State in
which the facility is located. The basic
purpose of this provision is to make
available to the public information
about total annual releases of toxic
chemicals from industrial facilities in
their community. In particular. EPA is
required to develop a computer data
base containing this toxic chemical
release information and to make it
accessible by telecommunications on a
cost reimbursible basis.
  For reporting purposes, section 313
establishes an initial list of "toxic
chemicals" that is composed of 329
entries, 20 of which are categories of
chenicals. This list is a combination of
lists of chemicals used by the States of
Maryland and New Jersey for emissions
reporting under their individual right-to-
know laws. Section 313(d] authorizes
EPA to modify by rulemaking the list of
chemicals covered either as a result of
EPA's self-initiated review or in
response to petitions under section
 313(e).
   Section 313(e)(l) provides that any
 person may petition the Agency to add
 chemicals to or delete chemicals from
 the list of "toxic chemicals." EPA issued
 a statement of policy and guidance in
 the Federal Register of February 4.1987
 (52 FR 3479). This statement provided
 guidance to potential petitioners
 regarding the recommended contents
 and format for submitting petitions. The
 Agency must respond to petitions within
 180 days either by initiating a
 rulemaking or by publishing an
 explanation of why the petition is
 denied. If EPA fails to respond within
 180 days, it is subject to citizen suits. In
 the event of a petition from a State
 governor to add a chemical under
 section 313(e)(2), if EPA fails to act
 within 180 days. EPA must issue a final
 rule adding the chemical to the list.
 Therefore. EPA is under specific
 constraints to evaluate petitions and to
 issue a timely response.
    State governors may petition the
 Agency to add chemicals on the basis of
  any one of the three toxicity criteria
  Hsted in section 313(d) (acute human
  health effects, chronic human health
  effects, or environmental toxicity). Other
  persons may petition to add chemicals
  only on the basis of acute or chronic
  human health effects. EPA may delete
  substances only if they fail to meet an,

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                Federal Register / Vol. 52. No. 138 / Monday. July 20. 1987 / Proposed Rules
                                                                    27227
of the criteria contained in section
313(d).
  Chemicals are evaluated for inclusion
on the list based on the criteria in
section 313(d) and using generally
accepted scientific principles or the
results of properly conducted laboratory
tests, or appropriately designed and
conducted epidemic-logical or other
population studies, that are available to
EPA.

II. Description of Petition
  The Monsanto Company has
petitioned the Agency to delete butyl
benzyl phthalate (BBP). CAS No. 85-68-
7, from the list of toxic chemicals. The
Agency received the petition on January
12.1987. and under the statutory
deadline must respond by July 10,1987.
Monsanto submitted extensive
documentation to support its claim that
BBP fails to meet any of the  statutory
criteria in section 313(d).

III. EPA's Review  of Butyl Benzyl
Phthalate
A. Chemistry Profile
  Monsanto submitted documentation
of the physical/chemical properties of
BBP. The Agency was able to verify
certain of these properties, including
vapor pressure and solubility (Ref. 3).

B. Toxicity Evaluation
  There is a considerable amount of
data available concerning the health
and environmental effects of butyl
benzyl phthalate. EPA reviewed data on
the following effects that may be
associated with this chemical: Acute
toxicity. carcinogeniciry, mutagenicity
(i.e.. heritable gene and chromosome
mutations), developmental toxicity.
reproductive toxicity. neurotoxrciry,
other chronic health effects  (including
hepa to toxicity), and acute and chronic
ecotoxicity. These data consist of
documents provided by Monsanto.
documents obtained from the National
Toxicology Program (NTP) of the
National Institutes of Hearth and other
Government agencies, and articles
retrieved from a search of recent
available literature (over the last 10
years). A more comprehensive
discussion of the various toxicities and
supporting documentation can be found
in the document titled "Hazard
Assessment of n-Butyl Benzyl
Phthalate" in tfae public docket (Ref. 7).
   1. Acute toxicity (human health). BBP
has very low acute toxicity. as shown by
rat oral and rabbit dermal acute toxicity
values, and  is practically nonirritating to
rabbit eyes and skin.
   2. CorcinogenJdty. An NTP bioassay
was conducted in female rats and in
mice of both sexes. Female rats bad
increased incidences of leukemia at the
high dose only (low-dose females and
untreated controls had the same
incidence of leukemia), and male and
female mice showed no carcinogenic
response. The Agency agrees with the
conclusion reached by the International
Agency for Research on Cancer that
these results, taken together, are
equivocal evidence of carcinogenicity.
The Carcinogen Assessment Group has
preliminarily placed BBP in EPA's
weight-of-evidence category D (i.e.,
available evidence inadequate to
determine human carcinogenic
potential). EPA further concludes that.
for purposes of section 313. the available
evidence does not indicate that BBP
causes or can reasonably be anticipated
to cause cancer in humans.
  3. Mutagenicity.  BBP was negative in
a variety of genotoxicity tests available
for review. The available evidence is
insufficient to establish that BBP causes
or can reasonably be anticipated to
cause heritable genetic mutations in
humans.
  4. Developmental/reproductive
toxicity. The only data on
developmental toxicity available to EPA
is a Monsanto-sponsored teratology
study of BBP by Industrial Bio-Test
Laboratories. Inc. (Ref. 7]. At the dose
levels used (0,3. and 10 mg/kg/day). no
signs of maternal or developmental
toxicity were seen, which indicates that
the dose levels used were too low.
However, given the reputation of
Industrial Bio-Test Laboratories and the
suspicion with which their data are
regarded, it can be concluded that
essentially there are no data to assess or
predict the potential developmental
toxicity of BBP at this time.
   Although BBP has been shown to
cause adverse effects on testicnlar
tissue as well as other organs of the
male reproductive system, these effects
are only seen at very high doses (>1 g/
kg/day)  and are not seen at lower
levels.
   5. Neuntoxicity. Available data
indicate that BBP is no* significantly
neurotoxic in animals in that the effects
seen were not severe or irreversible.
   B. Other chronic health effects. Effects
on the liver and other organs, if elicited
 at att. seem to occur only at very high
 doses (> 1  g/kg/day). Blood-related
 effects noted in two studies are viewed
 as biologically insignificant.
   7. Eoatoxiaty. Baaed on the
 information discussed below. EPA has
 concluded that BBP is moderately b«t
 not highly ecotoxx.
   All aquatic acate toxicity values were
 > 100 ppb (in fact. 4 ovt of ft fish species
 were >1 ppn): all mammalian acute
LDaoS were >5 mg/kg: alt aquatic
chronic toxicity Maximum Acceptable
Toxicant Concentrations (MATCs) were
>10 ppb (in fact. 3 out of 5 algae species
were >100 ppb): and all mammalian
chronic MATCs were >2 mg/kg food.
The toxicity of BBP is expected to be
lower for fish ingesting sediments
containing BBP than for organisms
exposed to BBP in the water column.
because the fish will metabolize BBP  by
hydrolyzing it to a less toxic form.
  There is low concern for potential
bioconcentration because
bioconcentration factors for aquatic
organisms are all below 1.000. This
value is an approximate demarcation
between a low concern level and the
beginning of a range of values of
moderate concern for bioconcentration.
  The half-life for primary
biodegradation (deesterification) of BBP
(a diester) is approximately 2 days,
which indicates that the substance
should have low persistence in the
environment
C. Use, Release, and Exposure Analysis
  Because the Act provides EPA with
broad discretion to deny section 313
petitions, the Agency has undertaken to
confirm Monsanto's documentation of
the production, use, release, and
environmental exposure scenarios for
BBP(Refs.l.4.and5).
   1. Production. The Agency has
confirmed that Monsanto is the sole  U.S.
manufacturer of BBP. The chemical is
produced exclusively at a plant in
Bridgeport N]. EPA's estimate of the
1988 U.S. production volume for BBP is
64 to 65 million pounds, which
represents an average growth per year
 of 1.5 percent from 1984. Annual imports
 of BBP. primarily from Western Europe.
 are believed to be approximately 1
 million pounds.
   EPA's market analysis indicates that
 more than half of all BBP (perhaps as
 much as 90 percent, according to
 Monsanto) is used as a plasticizer in
 resilient vinyl flooring. Other major
 applications for BBP are as a plasticizer
 in polyvinyl acetate foams and adhesive
 emulsions, as an inert pesticide
 ingredient and in a variety of coatings.
   2. Release. The releases of BBP to air
 and land from the mannfactnring facility
 are quite low based on data supplied by
 Monsanto. The aqueous effluent levels
 from the  plant have also been found to
 be low. with values of <5 ppb. 1.9 ppb.
 and 1£ ppb recorded as a result of EPA
 and/or Monsanto monitoring daring the
 three years 1977 to 1979. Monitoring by
 EPA and Monsanto hi 1984 found all
 effluent levels to be below detection
 limits that ranged from 10 to SO ppb.

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27228
Federal  Register / Vol. 52, No. 138  /  Monday. July 20. 1987 / Proposed Rules
  While sufficiently specific and
quantitative data were not available on
processing and use operations to permit
a clear and comprehensive release
estimate, EPA's limited analysis
indicates that it is possible that cleanup
operations during processing and after
snipping of water-based products, as
well as migration of the plasticizer from
discarded articles, may contribute to the
very low levels of BBP found in the
environment. Certain sources of release,
such as migration of BBP from end-use
articles, would not be reportable under
section 313. In monitoring studies of
effluents from  the plastics molding and
forming industry (which would be
covered by this requirement), BBP was
sought, but not detected (Ref. 2). For this
reason, the chemical is not regulated
under EPA's Effluent Limitations
Guidelines and Standards for this
industry.
  3. Exposure. While unable to estimate
the potential releases of BBP from
processing and use, EPA was able to
quantify the levels at which BBP is
present in the environment. When BBP
is detected in surface waters, it is
usually found at concentrations of less
than 1 ppb to 10 ppb. Additionally, when
BBP is found in surface waters, sediment
concentrations are about 50-fold higher
than surface water concentrations.
These conclusions are based on
monitoring data from the STORET
database maintained by EPA on the
levels of environmental pollutants in
aquatic systems. Monsanto cited less
extensive environmental monitoring
studies in their petition (Ref. 6) which
indicated geometric mean BBP
concentrations of <0.5 ppb in surface
water and <200 ppb in sediment The
petitioner also stated that BBP has been
found in small sample of fish (3 of 62
samples), but indicated that
contamination through handling might
have led to erroneous results.
Monsanto's own sampling of the
Delaware River found BBP
concentrations of less than 1 ppb.
  In a study using 1983 data from the 10
EPA Regional Offices, BBP was found  at
47 out of 358 sites (13.1 percent) covered
by the Comprehensive Environmental
Response, Compensation and Liability
Act of 1980 (CERCLA). These sites are a
statistically representative subset of
National Priority List (NPL) and
CERCLA sites.
D. Summary of Technical Review
  The hazard evaluation shows that
human health effects from BBP are not
expected to be significant for purposes
of section 313. BBP does have moderate
aquatic toxicity, with acute and chronic
effects values generally greater than 1
                       ppm and 100 ppb, respectively.
                       However, the very low monitored
                       concentrations of BBP in the aquatic
                       environment (typically not more than 1-
                       10 ppb), coupled with the low concern
                       for persistence and bioconcentration.
                       indicate that BBP's moderate toxicity
                       does not represent a significantly high
                       level of risk for the purposes of section
                       313.
                       IV. Butyl Benzyl Phthalate's
                       Relationship to Other Environmental
                       Lists
                       A. State Environmental Lists
                         BBP emissions are generally not
                       regulated at the state level. The Agency
                       is aware of one regulation by the State
                       of New York to limit air emissions of
                       BBP. Furthermore. Monsanto has had
                       petitions to remove BBP granted by
                       three State community right-to-know
                       programs: California, Illinois, and New
                       Jersey. The inclusion of BBP initially on
                       many states' lists resulted from BBP's
                       inclusion on the section 307(a) list under
                       the Clean Water Act (also known as the
                       water priority pollutant list).

                       B. EPA Environmental Lists
                         BBP was included on the initial
                       section 307(a) list under-the Clean
                       Water Act. Monsanto has petitioned the
                       Agency twice (in 1980 and in 1988) to
                       remove BBP from the section 307(a) list
                       The Agency denied the 1980 petition; the
                       decision regarding the 1988 petition is
                       still pending.
                         Although the Agency believes that its
                       review of the available data on BBP
                       justifies a decision not to impose a
                       continuing reporting obligation on
                       manufacturers, processors and users
                       pursuant to SARA section 313, the
                       Agency also believes  that listing under
                       section 307(a) may continue to be
                       appropriate. The SARA section 313 list
                       contains a broad range of chemicals
                       which may cause human health and/or
                       environmental effects from a variety of
                       pathways. SARA directs the Agency
                       that substances listed solely for
                       environmental toxicity should be
                       restricted to 25 percent of the total list
                       The section 307 list is more narrow.
                       focussing entirely on substances which
                       pose a risk to human health or the
                       environment by exposure from water.
                       The legislative history of the Clean
                       Water Act of 1977 directs the Agency
                       that "no pollutant listed in Committee
                       Print Numbered 95-30 should be deleted
                       without a clear finding that delisting will
                       not compronise adequate control over
                       the discharge of toxic pollutants" (Cong.
                       Rec. Daily ed. S. 19649). Particularly
                       where BBP continues to be present in
                       sarface waters, sediments and fish, the
Agency believes that continued section
307 listing may be appropriate. However
the Agency has not made a final
decision on the section 307(a) petition.
  The Comprehensive Environmental
Response. Compensation, and Liability
Act of 1980 (CERCLA). considers BBP a
hazardous substance for purposes of
requirements for reporting all releases
over 100 pounds to the National
Response Center. (See CERCLA section
103).
V. Explanation for Proposed Action To
Delete
A. General Policy

  EPA has broad discretion in
determining whether to grant or deny
petitions from the general public under
section 313. When granting petitions, the
Agency has a clear obligation to show
how the granting of the petition fulfills
the statutory criteria the Agency is to
use in section 313(d) when modifying the
list of toxic chemicals. However, in the
Joint Conference Committee Report, the
conferees made clear that EPA may
conduct risk assessments or site-specific
analyses in making listing
determinations under section 313(d). In
cases of petitions to dehst substances,
EPA believes that such analyses are
important factors in determining
whether removal of a substance from
the list would serve the public's right to
know. These analyses might show that
while the toxicity of the substance is not
of high concern, exposures to humans
and the environment are significant
enough to warrant maintaining the
substance on the list.
B. Reasons for Proposing Deletion

   EPA is granting the petition submitted
by the Monsanto Company by proposing
to delete butyl benzyl phthalate from the
list of toxic chemicals subject to toxic
chemical release reporting.
   The decision to grant the petition and
to propose rulemaking to modify the list
is based on the toxicity evaluation and
confirmed by the Agency's review of
other factors including ambient
exposure levels. The Agency believes:
 (1) That there is insufficient evidence to
 establish that BBP causes significant
 adverse effects to humans, and (2) that
 BBP, while moderately toxic in the
 environment, is not of sufficient concern
 in the environment to warrant listing
 under section 313.
   Although EPA believes BBP is
 aquatically toxic, based on available
 monitoring data, the ambient
 concentrations are not expected'to
 exceed Maximum Acceptable Toxicant
 Concentration (MATC) levels for

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                 Federal Register /  Vol.  52.  No. 138  /  Monday. July 20. 1987 / Proposed Rules
                                                                      27229
chronic aquatic toxicity. The
appearance of BBP even at these low
levels is inexplicable because the
available monitoring data at the sole
manufacturing site and at plastic
forming facilities have shown extremely
low releases of BBP. However, our data
on processing facilities is limited.
  Based on our data, the Agency does
not anticipate that facilities reporting
under section 313 will provide
significant information on releases of
BBP. However, because of the presence
of the chemical in the environment, and
the uncertainty surrounding processors'
releases, the Agency believes that it
would be prudent to review the first-
year reports from facilities that
manufacture, import, process, or use
BBP in order to confirm that there are no
substantial releases of BBP from
covered facilities. The Agency plans to
promulgate the deletion of BBP only
after the 1987 reports have been
reviewed by the Agency.

VI. Rulemaking Record

  The record supporting this proposed
rule is contained in docket control
number OPTS-400008. All documents.
including an index of the docket, are
available to the public in the OTS
Reading Room from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The OTS Reading Room is
located at EPA Headquarters. Room
NE-G004,401 M St.. SW.. Washington.
DC 20460.

VII. Request for Public Comment

  The Agency requests comment  on all
the analyses conducted for this review,
and on the Agency's proposal to delete
butyl benzyl phthalate from the list of
toxic chemicals. EPA also requests that
any pertinent data on BBP be submitted
to the address at the front of this notice.

VIII. References

  (1) Delpire. L. SARA Title III Section 313:
Petition on Butyl Benzyl Phthalatge—
Exposure Assessment. USEPA. 1987.
  (2) Environmental Protection Agency
(EPA) Development Document for Effluent
Limitations Guidelines and Standards for
Plastics Forming and Molding Point Sources
Category EPA 440/1-84/069.1984.
  (3) Israel. R Title III. Section 313: Petition
lo Delist Butyl Benzyl Phthalate—Chemistry
Report. USEPA. 1987.
  (4) Kumar. V. Butyl-Benzyl Phthalate
Environmental Release Analysis. USEPA.
1987
  (5) Long. | W. Economic Report on
Production. Uses. Substitutes and Cost
Analysis—Benyzl Butyl Phthalate (BBP).
USEPA. 1987.
  (6) Monsanto Company. Petition for
Deletion of Butyl Benzl Phthalate from the
List of Toxic Chemical Subject to
Requirements of Section 313 of Title III.
January 12.1987.
  (7) Randecker. UM. Hazard Assessment of
n-Butyl Benzyl Phthalate. USEPA. 1987.
IX. Regulatory Analyses

A. Regulatory Impact Analysis
  This proposed rule would decrease
the impact of the section 313 reporting
requirements on covered facilities and
result in a moderate cost-savings  to both
industry and EPA. Therefore, under
Executive Order 12291, this is a minor
regulation.
  This proposed rule was submitted to
the Office of Management and Budget
under Executive Order 12291. Monsanto
is the only U.S. producer of BBP.
Estimates of the number of processors/
users that will be required to report
range from 41 to 999 facilities. The
estimated cost savings for industry
range from $65 thousand to $1.5 million,
while the savings for EPA are estimated
to be $5 thousand to $120 thousand.
B. Regulatory Flexibility Analysis
  Under the Regulatory Flexibility Act
of 1980 the Agency must conduct  a small
business analysis to determine whether
a substantial number of small entities
will  be significantly affected. Because
the proposed rule results in cost savings
to facilities, the Agency certifies that
small entities will not be significantly
impacted by this rule.

C. Paperwork Reduction Act
  OMB has  reviewed the information
collection requirements contained in this
proposed rule under the  provisions  of
the Paperwork Reduction Act of 1980,44
U.S.C. 3501 et seq. Submit comments on
these requirements to the Office of
Information and Regulatory Affairs;
OMB; 726 Jackson Place. NW..
Washington. DC 20503, marked
"Attention: Desk Officer tor EPA."
List  of Subjects in 40 CFR Part 372
  Environmental protection. Reporting
and recordkeeping requirements. Toxic
chemicals.
  Dated: July 10.1987.
Lee M. Thomas,
Administrator.
  Therefore, it is proposed that
proposed Part 372 of Chapter I  of 40 CFR
be amended as follows:

PART 372—(AMENDED]

   1. The authority citation would
continue to  read as follows:
  Authority: Pub. L 99-499.

§372.45  [Amended]
   2. Proposed i 372.45 (a) and (b) are
amended by removing the entire  entry
for butyl benzyl phthalate under
paragraph (a) and removing the entire
CAS No. entry for 85-68-7 under
paragraph (b).
[FR Doc. 87-18322 Filed 7-17-87. 8.45 am]
BILLING CODE 6MO-50-M
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife
and Plants; Threatened Status for
Clrsium pitched

AGENCY: Fish and Wildlife Service.
Interior.
ACTION; Proposed rule.	

SUMMARY: The Service proposes to
determine a plant, Cirsium pitcher!
(Pitcher's thistle), to be a threatened
species under the authority contained in
the Endangered Species Act of 1973. as
amended (Act). The species occurs on
the shores of the Great Lakes in Indiana,
Michigan, and Wisconsin in the U.S..
and Ontario.  Canada. Development,
loss, and disturbance of dunelands by
the public are the principal threats to the
species. This proposed rule, if made
final, will extend the Act's protection to
Cirsium pitcheri. Critical habitat is not
proposed for this plant. The Service
seeks data and comments  from the
public on this proposed rule.
DATES: Comments from all interested
parties must be received by September
18.1987. Public hearing requests must be
received by September 3,1987.
ADDRESSES: Comments and materials
concerning this proposal should be sent
to the Endangered Species Division, U.S.
Fish and Wildlife Service. Federal
Building. Fort Snelling, Twin Cities,
Minnesota 55111. Comments and
materials received will be available for
public inspection, by appointment.
during normal business hours at the
above address.
FOR FURTHER INFORMATION CONTACT:
James M. Engel (see ADDRESSES section)
at 612/725-3276 or FTS 725-3276.
SUPPLEMENTARY INFORMATION:

Background
   Cirsium pitcheri (Pitcher's thistle) was
discovered by Z. Pitcher in the 1820's
and first described by Torrey as Cnicus
pitcheri (Eaton 1829); the first use of the
current binomial was by Torrey and
Gray ca. 1841. Cirsium pitcheri. a
member of the composite or sunflower
family. Asteraceae. possesses dense
white-wooly and deeply divided leaves

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Wednesday
July 22, 1987
Part III



Environmental

Protection Agency

40 CFR Part 300
National Priorities List for Uncontrolled
Hazardous Waste Sites; Final Rule and
Proposed Rule Concerning Federal
FacHlty Sttes

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            Federal Register /  Vol. 52. No. 140 / Wednesday.  July  22. 1987 /  Rules and Regulations
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Part 300

 (FRL-3187-6)

 National Priorities List for
 Uncontrolled Hazardous Waste Sites

 AGENCY: Environmental Protection
 Agency.
 ACTION: Final  rule.	

 SUMMARY: The Environmental Protection
 Agency ("EPA") is amending the
 National Oil and Hazardous Substances
 Contingency Plan ("NCP"). which was
 promulgated on July 16.1982. pursuant
 to section 105  of the Comprehensive
 Environmental Response.
 Compensation, and Liability Act of I960
 ("CERCLA"), as  amended by the
 Superfund Amendments and
 Reauthonzation  Act of 1986 (SARA).
 and Executive Order 12580 (52 FR 2923.
 January 29.1987). CERCLA requires that
 the NCP include  a list of national
 priorities among  the known releases or
 threatened releases of hazardous
 substances,  pollutants, and
 contaminants throughout the United
 States, and that the list be revised at
 least annually. The National Priorities
 List ("NPL"). initially promulgated as
 Appendix B of the NCP on  September 8.
 1983. constitutes  this list and is being
 revised today by the addition of 67 sites
 to the final NPL and 32 Federal facility
 sites to the Federal section of the NPL
 EPA has reviewed public comments on
 the listing of these sites and has decided
 that they meet the eligibility
 requirements of the NPL
 EFFECTIVE DATE:  The effective date for
 this amendment to the NCP shall be
 August 21.1987. CERCLA section 305
 provides for a legislative veto of
 regulations promulgated under CERCLA.
 Although INS v. Chadha. 462 U.S. 919.
 103 S. Ct. 2764  (1983). cast the validity of
 the legislative veto into question. EPA
 has transmitted a copy of this regulation
 to the Secretary of the  Senate and the
 Clerk of the House of Representatives. If
 any action by Congress calls the
 effective date of this regulation Into
 question, the Agency will publish a
 notice of clarification in the Federal
 Register.
 ADDRESSES:  Addresses for  the
 Headquarters and Regional dockets
 follow. For further details on what these
dockets contain, see Section I of the
"Supplementary Information" portion of
 this preamble.
Tina Maragousis. Headquarters. U.S.
  EPA CERCLA Docket Office.
  Waterside Mall Subbasement. 401 M
   Street SW.. Washington. DC 20460.
   202/382-3046
 Peg Nelson. Region 1. U.S. EPA Library.
   Room 1500. John F. Kennedy Federal
   Bldg.. Boston. MA 02203.617/565-3308
 Carole Petersen. Region 2. Site
   Investigation and Compliance Branch.
   26 Federal Plaza. 7th Floor. Room 737,
   New York. NY 10278. 212/264-8677
 Diane McCreary. Region 3. U.S. EPA
   Library. 5th Floor. 841 Chestnut
   Streets. Philadelphia. PA 19106.215/
   597-0580
 Cayle Alston. Region 4. U.S. EPA
   Library. Room C-6. 345 Courtland
   Street NE.. Atlanta. CA 30365.404/
   347-4216
 Lou Tilley. Region 5. U.S. EPA Library.
   16th Floor. 230 South Dearborn Street.
   Chicago. IL 60604. 312/353-2022
 Barry Nash. Region 6.1445 Ross Avenue.
   Mail Code 8H-ES. Dallas. TX 75202-
   2733. 214/655-6740
 Connie McKenzie. Region 7. U.S. EPA
   Library. 726 Minnesota Avenue.
   Kanasa City. KS  66101.913/236-2828
 Dolores Eddy. Region 8, U.S. EPA
   Library. 99918th  Street. Suite 500.
   Denver. CO 80202-2405. 303/293-1444
 Linda Sunnen. Region 9. U.S. EPA
   Library. 8th Floor. 215 Fremont Street.
   San Francisco. CA 94105.415/974-
   8082
 David Bennett. Region 10. U.S. EPA. llth
   Floor. 1200 6th Avenue. Mail Stop
   HW-113. Seattle. WA 98101.206/442-
   2103
 FOR FURTHER INFORMATION CONTACT:
Trudi J. Fancher. Hazardous Site
Evaluation Division. Office of
Emergency and Remedial Response
(WH-648A). U.S. Environmental
Protection Agency. 401 M Street SW..
Washington. DC 20460. Phone (800) 424-
9346 (or 382-0000 in the Washington.
DC metropolitan area).
SUmaHNTARV INFORMATION:
TaUeofCoaleals
1.  Introduction
IL Purpose and Implementation of the NPL
III.  Process for Establishing and Updating
   the NPL            •     r—  ••
IV.  Eligibility
V. Disposition of All Proposed Sites/
   Federal Facility Sites
VL  Disposition of Sites In Today's Final
   Rule
VII.  Contents of the NPL
VIII.  Regulatory Impact Analysis
IX  Regulatory Flexibility Act Analysis

L Introduction

Organization of the Preamble
  Section I of the preamble to this final
rule,  which adds 67 sites and 32 Federal
facility sites to the National Priorities
List (NPL). provides a guide to
information in this preamble, explains
 the historical background of the NPL
 and provides information on the public
 docket for sites included in this rule.
 Sections II through IX are self-
 explanatory.

 Background of the NPL
  Pursuant to section 105 of the
 Comprehensive Environmental
 Response. Compensation, and Liability
 Act of 1980. 42 U S.C. 9601  through 9657
 ("CERCLA" or the "Act"), and Executive
 Order 12316 (46 FR 42237. August 20.
 1981). the Environmental Protection
 Agency ("EPA" or "Agency")
 promulgated the revised National
 Contingency Plan ("NCP"). 40 CFR Part
 300. on July 16.1982 (47 FR 31180) and
 amendments to the NCP on September
 16.1985 (50 FR 37624) and November 20.
 1985 (50 FR 47912). The NCP and its
 amendments implement responsibilities
 and authorities created by CERCLA to
 respond to releases and threatened
 releases of hazardous substances.
 pollutants, and contaminants.
  Section 105(B)(A) of CERCLA requires
 that the NCP include criteria for
 determining priorities among releases or
 threatened releases throughout the
 United States for the purpose of taking
 remedial action and. to the extent
 practicable, take into account the
 potential urgency of such action for the
 purpose of taking removal action.
 Removal action involves cleanup or
 other actions that are taken in response
 to releases or threats of releases on a
 short-term or temporary basis (CERCLA
 section 101(23)). Remedial action tends
 to be long-term in nature and involves
 response actions which are consistent
 with a permanent  remedy for a release
 (CERCLA section 101(24)).
  Criteria for determining priorities for
 possible remedial  actions financed by
 the Fund established under CERCLA are
 'ncluded in the Hazard Ranking System
 C'HRS"). which EPA promulgated as
Appendix A of the NCP (47 FR 31219.
July 16.1982).
  Section 105(8)(B) of CERCLA required
that the criteria provided by the HRS be
used to prepare  a list of national
priorities among the known releases or
 threatened releases of hazardous
 substances, pollutants, or contaminants
 throughout the United States, and that to
 the extent practicable, at least 400 sites
be designated on this National Priorities
List (NPL). An onginal NPL of 406 sites
was promulgated on September 8.1983
(48 FR 40658). The NPL has been
expanded since then (see 49 FR 19480.
May 8.1984:49 FR 37070. September 21.
1984: 50 FR 6320. February 14.1985: 50
FR 37630. September 16.1985. and 51 FR
21054. June 10.1986). On March 7.1986

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              Federal  Register / Vol. 52. No.  140 / Wednesday. July 22. 1987 /  Rules and" Regulations
                                                                                                               27621
  (51 FR 7935). EPA published a notice to
  delete eight sites from the NPL The
  Agency has also had a number of
  proposed rulemakings regarding site
  listing (see 48 FR 9311. March 4.1983; 48
  FR 40674. September 8.1983: 49 FR
  40320. October 15.1984: 50 FR 14115.
  April 10.1985. 50 FR 37950. September
  18.1985. 51 FR 21099. June 10.1986: and
  52 FR 2492. January 22. 1987).
    Section 105 of CERCLA has been
  amended by the Superfund Amendments
  and Reauthonzation Act of 1086 (SARA)
  by the addition of subsection (c). This
  subsection requires that the Agency
  promulgate amendments to the hazard
  ranking system in effect as of September
  1.1984. The effective date for the
  amended hazard ranking will be no later
  than 24 months after the enactment of
  SARA. The amended hazard ranking
  system shall be applied to any site or
  facility to be newly listed on the NPL
  after the effective date for the amended
  hazard ranking system. Until such
  effective date of the regulations, the
  hazard ranking system in effect on
  September 1.1984. shall continue to be
  used to evaluate sites for the NPL. In
  addition, section 105(c) specifies that the
  Agency will not be required to
  reevaluate. after the date of enactmenf
 of SARA, the hazard ranking of any site
 which was evaluated in accordance
 with the existing criteria required by
 section 105(c) and which was assigned a
 national priority under the NCP.
   The Agency will continue to use the
 existing MRS until the revised HRS
 becomes effective. The 67 sites and 32
 Federal facility sites added to the final
 NPL today were ranked with the
 existing HRS. These additions bring the
 total number of final NPL sites to 802. In
 addition. EPA has proposed to add 149
 sites to the NPL. making the total
 number of proposed and final NPL sites
 to 951.
  This final rule addresses sites
 proposed m NPL Update «2 (October IS.
 1984). Update »3 (April 10.1985).
 Update =4 (September 18.1985). Update
 «5 (June 10.1986). and Update »6
 (January 22.1987). EPA has carefully
 considered public comments submitted
 for the sites proposed in Updates *2, #3.
 and 94. and made some modifications in
 this final rule in response to those
 comments. For this final rule. EPA also
 considered only those sites proposed as
 part of Update =5 and Update «6 for
 which the Agency received  no
 comments.
  Responses to site-specific HRS
 comments are presented in  the "Support
Document for the Revised National
Priorities List—Final Rule *3/«4."
which is a separate document available
in the EPA dockets in Washington. DC.
  and the Regional Offices (see
  Addresses).

  Information Available to the Public

   The Headquarters and Regional public
  dockets for the NPL will contain HRS
  score sheets for each final site, a
  Documentation Record for each site
  describing the information used to
  compute the scores, a list of document
  references, comments received, and the
  "Support Document for the Revised
  National Priorities List—Final Rule »3/
  «4." The Regional public docket will
 also include  the documents referenced
 in the Documentation Record which
 contain the background data EPA relied
 upon in calculating or evaluating the
 HRS scores. In addition, documents with
 some relevance to the scoring of each
 site, but which were not used as
 references, are also retained by the
 appropriate Regional offices. All of
 these documents will be available when
 this notice is published in the Federal
 Register.
   The Headquarters public docket is
 available for viewing by appointment
 only from 9:00 a.m. to 4:00 pjn.. Monday
 through Friday excluding holidays.
   Requests for copies of HRS score
 sheets, documentation records.
 background documents, and the Support
 Document should be directed to either
 the Headquarters or appropriate
 Regional docket (see Addresses). An
 informal written request, rather than a
 formal request, should be the ordinary
 procedure for obtaining copies.
  A statement of EPA's information
 release policy, describing what
 information the Agency discloses in
 response to Freedom of Information Act
requests from the public, was pnnted in
 the Federal Register (52 FR 5578.
February 25.1987);

          md Implementation of the
 ILPurpm
 NPL

 Purpose

   The primary purpose of the NPL is
 stated in the legislative history of
 CERCLA (Report of the Committee on
 Environment and Public Works. Senate
 Report No. 96-648.96th Cong.. 2d. Sess.
 60 (1980)):

  The NPL serves primarily informational
 purpose*, identifying for the States and the
 public those facilities and sites or other
 releases which appear to warrant remedial
 actions. Inclusion of a facility or site on the
list does not in itself reflect a judgment of the
 activities of its owner or operator, it does not
 require those persons to undertake any
 action, nor does it assign liability 10 any
 person. Subsequent govemmeni action in the
 form of remedial actions or enforcement
 actions will be necessary in order to do so.
  and these actions will be attended by dll
  appropnate procedural safeguards.

    The purpose of the NPL therefore, is
  primarily to serve as an mformatio- "
  tool for use by EPA in identifying i
  that appear to present a significant
  to public health or the environment. The
  initial identification of a site for the NPL
  is intended primarily to guide EPA in
  determining which sites warrant further
  investigation, to assess the nature and
  extent of the public health and
  environmental nsks associated with the
  site, and to determine what CERCLA-
  financed remedial action(s). if any. may
  be appropnate. Inclusion of a site on the
  NPL does not establish that EPA
  necessarily will undertake response
  actions. Moreover, listing does not
  require any action of any private party.
  not does it determine the liability of any
  party  for the cost of cleanup at the site.
 A site need not be on the NPL to be the
 subject of CERCLA-financed removal
 actions, actions brought pursuant to
 sections 106 or 107(a)(4)(b) of CERCLA.
 or remedial investigations/feasibility
 studies.
   Federal facility sites are now eligible
 for inclusion on the NPL pursuant to
 9 300.66(e)(2) of the NCP. However.
 section lll(e)(3) of CERCLA as
 amended by SARA limits the
 expenditure of Superfund monies at
 Federally-owned facilities. Federal
 facility sites are subject to the
 requirements of section 120 of SAR,

 Implementation
   EPA's policy is to pursue cleanup of
 hazardous waste sites using the
 appropriate response and/or
 enforcement actions which are available
 to the Agency, including authorities
 other than CERCLA. Publication of sites
 on the  NPL will serve as notice to any
 potentially responsible party that the
 Agency may initiate Fund-financed
 response action. The Agency will decide
 on a site-by-site basis whether to take
 enforcement or other action under
 CERCLA or other authorities, or whether
 to proceed directly with Superfund-
 fmanced CERCLA response actions and
 seek recovery of response costs after
 cleanup. To the  extent feasible, once
 sites are listed on the NPL. EPA will
 determine high-priority candidates for
 either Superfund-financed response
 action or enforcement action through
 both State and Federal initiatives. These
determinations will take into account
 which approach is more likely to most
expeditiously accomplish cleanup of the
site while using  the Super-fund's limited
resources as efficiently as possible.
  Funding of response actions for site*
will not necessanly take place in the

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27822
Federal  Register / Vol. 52. No 14U / Wednesday.  )uiy  22.  1987 / Rules  and  Regulations
same order as a site's ranking on the
NPL In addition, although the HRS
scores used to place sites on the-NPL
mav be helpful to the Agency in
determining priorities for cleanup and
c:her response activities among sites on
•he NTL. FJ>A does r-.nl reK on the scores
•is the  jole means of determining sucn

  1 he  information culi'.-cicJ ;o develop
HHS scores is not &ufricie:it in itself to
ci-in-Tine the appropriate re ned;. for a
particular site. EFA relics on further.
rrore detailed studies to determine what
resounse. if any. is appropriate These
studies will take into account the extent
und magnitude of contaminants  in the
environment, the risk to affected
populations and environment, the cost
to correct problems at the site, and the
response actions that have been taken
by potentially responsible parties or
others. Decisions on the type and extent
(if action to be taken at these sites are
made in accordance with the criteria
contained in Subpart F of the NCP. After
conducting these additional studies.
EPA may conclude that it is not
desirable to conduct an Agency
response action al some sites on the
NPL because of more pressing needs at
other sites, or because an enforcement
dc.tion may instigate or force private
party cleanup. Given the limited
resources available in Siiperfund. the
Agency must carefully balance the
relative needs for  response at the
numerous sites it has studied. It is also
possible that EPA will conclude after
further analysis that the site does not
warrant response  action.
  Revis'ons to the NPL such as today's
rulemaking may move some previously
listed sites to a lower position on the
.NPL If EPA has initiated action such as
d remedial investigation/feasibility
study (RI/FS) at a site, the Agency does
not  intend to cease such actions in order
to determine if a subsequently listed site
should have a higher priority for
funding. Rather, the Agency will
continue funding site studies and
remedial actions once they have been
ir.it  .ited. regardless of whether higher-
sn.rir.g sites are later added to the NPL
  T'-ie NPL does not determine priorities
For removal actions: EPA may take
r> rnuval actions at any site, whether
listed or not. that meets the criteria of
5 § 300 65 through 300 67 of the NCP.
l.i'-.e.vise. EPA may take enforcement
.(lions under applicable statutes
a Sri mst responsible parf.es regardless of
                                       whether 'he site is on the NPL although.
                                       as a practical matter, the focus of EPA's
                                       enforcement actions has been and will
                                       continue to be on NPL sites.
                                         A site cannot undergo Superfund-
                                       fnar.ced remedial action until it is
                                       niriced on  the final NPL. However, an
                                       RI/FS can be performed at proposed
                                       s.tes pursuant to the Agency s removal
                                       authority under CERCLA. as outlined in
                                       § 300 58(a)(1) of the NCP Section 101(23)
                                       of CF.RCLA defines "remove" or
                                        "removal" to include "such actions as
                                       may be necessary to monitor, assess
                                       and evaluate the release or threat of
                                       release	 The definition of
                                       "removal" also includes "action taken
                                       under section 104(b) of this Act	
                                       Section 104(b) authorizes the Agency to
                                       perform studies, investigations, and
                                       other information-gathering activities.
                                         The Agency may elect to conduct an
                                       RI/FS at a proposed NPL site in
                                       preparation for a possible Superfund-
                                       financed remedial action in a number of
                                       circumstances, such as when the
                                       Agency believes that delay in
                                       commencing the studies may create
                                       unnecessary risks to human health or
                                       the environment. In making such a
                                       decision, the Agency assumes the risk
                                       that after consideration of public
                                       comments and the consistent
                                       application of the MRS. it is possible
                                       that the proposed site might not qualify
                                       for the NPL  In assuming this risk, the
                                       Agency has determined that the
                                       desirability of expediting remedial
                                       action through the initiation of the
                                       mvestigational stage prior to placing a
                                       site on the NPL outweighs the risk of
                                       expending a limited amount of
                                       Superfund monies for the RI/FS. In
                                       addition, information obtained from an
                                       RI/FS can assist the Agency in
                                       determining  whether to conduct  a
                                       removal action at the site.

                                       ID. Process for Establishing and
                                       Updating the NPL

                                         There are  three mechanisms for
                                       placing sites on the NPL The principal
                                       mechanism is the application of the
                                       HRS. The HRS serves as screening
                                       device to evaluate the  relative potential
                                       of uncontrolled hazardous substances to
                                       cause human health or safety problems.
                                       or ecological or environmental damage.
                                       The HRS takes into account "pathways"
                                       to human or environmental exposure in
                                       terms of numerical scores. Those sites
                                       that score  28.50 or greater on the HRS.
                                                                    and which are otherwise eligible, are
                                                                    proposed for listing.
                                                                      In addition. States may designate a
                                                                    single site as the State top priority. In
                                                                    ra--e instances. EPA may utilize the
                                                                    listing provision promulgated as
                                                                    § 300.6fi(b)(4) of the NCP (50 FR 37024.
                                                                    September 16.1S85).
                                                                      Section 300 66(b}(4) of the NCP allows
                                                                    certain sues with HRS scores below
                                                                    :8 30 to be eligible for the NPL These
                                                                    sites may qualify  for the NPL if all of the
                                                                    following occur:
                                                                      •  The Agency for Toxic Substances
                                                                    and Disease Registry of the U.S.
                                                                    Department of Health and Human
                                                                    Services has issued a health advisory
                                                                    which recommends dissociation of
                                                                    individuals from the  release.
                                                                      •  EPA determines that the release
                                                                    poses a significant threat to public
                                                                    health.
                                                                      •  EPA anticipates that it will be more
                                                                    cost-effective to use its remedial
                                                                    authority than to use its removal
                                                                    authority to respond to the release.
                                                                     States have the primary responsibility
                                                                    for identifying sites, computing HRS
                                                                    scores, and submitting candidates sites
                                                                    to the EPA Regional Offices. EPA
                                                                    Regional Offices conduct a quality
                                                                    control review of the States' candidate
                                                                    sites, and may assist in investigating.
                                                                    sampling, monitoring, and scoring sites.
                                                                    Regional Offices may consider
                                                                    candidate sites in addition to those
                                                                    submitted by States. EPA Headquarters
                                                                    conducts further quality assurance
                                                                    audits to ensure accuracy and
                                                                    consistency among the various EPA and
                                                                    State offices participating in the scoring
                                                                    The Agency then  proposes the new sites
                                                                    that meet the criteria for listing and
                                                                    solicits public comment on the proposal.
                                                                    Based on these comments and further
                                                                    review by EPA. the Agency determines
                                                                    final scores and promulgates those sites
                                                                    that still qualify for listing.
                                                                    Contents of This Final Rule
                                                                     This final rule includes 67 sites and 32
                                                                    Federal facility sites from several
                                                                    proposed rulemakings. Of the 67 sites
                                                                    promulgated in this final rule. 5 were
                                                                    proposed in Update *2.12 in Update -3.
                                                                    11 in Update «4.16 in Update «5 and 23
                                                                    in Update «8. The 32 Federal facility
                                                                    sites promulgated in this rule are
                                                                    discussed in section IV of this rule
                                                                    These sites and Federal facility sites are
                                                                    listed in Table 1.
                                                                    BILLING CODE 65W-M-M            J

-------
Table I






Cr





10
10

I
'








National Prlontltl List
Haw llnal Sllai (by Rank)
luly 1911
UPL
.
. Rank St Sit* Name Cltv/C..,.f. «"l-onse 01. jr. p
1 City/County Cat.gory? iuius,
101 IL Parson. C.ak.t nardwar. Co B.I.IJ.,. „
111 VA Creanuood Ch.mlcal Co Navtovn .
119 NY Jonsa Sanitation Hyda Park
I" " ?*"'» *«lt.tlon Sarvlca U. Kant County o
1** HI Rockwall International (Allagan) Allagaa D
170 IN Uaata. Inc . Undllll Nlchlun Cltv V r *
110 PA Butla, Nino Tunn.1 Mtt.t^l U R f 0
204 MB Uoodlavn County Undllll Uoodlavn
11* NC Charles Nacen Ugoon 4 Drum I cor Cordova R r n
"• * ? * • »""'' «• - 1- Cheatarf ,.,d County . ?
141 ON Ora*t Corp Hannibal V p §
1*4 RJ Dayco Corp /L I Carpenter Co Uhorton Borough V s 0
1JJ CA Flr.it on. Tlr. (S.I In., plant) Sellnea s o
in s jpi.kf.rSnd,:!, "—"•"- u 5^" T—h" v « D •>
lit PA Route 940 Drum Dump Pocono Summit n
111 PA C4DRacvcling Footer Tovnshlp R o
110 AZ Haasayampa Undllll Haea.ya.pa 0
161 CT Revere ToEtllo Prlnta Corp Sterling n
1/0 NH Noctolo fig Fan Raymond R F » o
111 SC Golden Strip Septic Tank Service Slapaonvlllo n
». ™ '"""•- '«*•"• Corp Peaorok. Park v F S 0
1*1 UI Algoaa Municipal Undflll A 1 gome 0
410 TH Arlington Blandlng 4 Packaging Arlington 1 w «
»1. Of NCR Corp (Hlllabtr. Plant) N.llabo™ „
4*1 PA Bally Ground Water Contamination Bally Borough V F
?.l ~ UC"n* *•"'«•«» Landfill UGrand rounstilp g
67» «T Ho-. V.ll.y Undtlll »„. „.,,., P „

Site* era placed In groupe (Cr) corresponding to groupe of JO
V - Voluntary or negotiated raaponao I - Fadaral and State reapon.a
P * Fadaral anlorcaaant g _ state •nforcom.nt
D - Category to be dataralnad
1 - Implementation activity underway, one or more oporebl* unlta
O - One or more operable unite completed, otbare may be underway
C - Implementation activity completed for all operable unlta














i.dMt.

I oont'd.

National Piloiliisa List



Nav Final Sllaa
Ihy Rank)

F.bruary nil

Cr
:o
10
II
II
II
II
11
II
II
11
11
11
11
11
11
11
1)
II
11
11
11
11
II
14
14
14
14
14
14
.-
1)
IJ
IS
It
1)
IS
Hue







I.PL
, Rank
-80
417
Ml
VM
»l»
M6
Ml
;it
»*1
»i»
»ol
i7l
106
U7
»9I
i«6
198
601
609
611
614
619
»»
6*7
6M
65»
6>f
67)
691
641
701
711
711
716
710
7»
716
711
ibar of








Si
PA
U
PA
FL
CA
CA
uE
CA
NY
i-A
Nl
Hi-.
HI
HN
NY
PA
NC
PA
KY
HI
US
HT
UI
VA
UI
NY
PA
CA
PA
UI
OK

PA
VA
IA
HN
AR
AR
SC

Site Name
Ullllam Illrk Uguons
Dutchtovn Trcitmant Plant
Aladdin Plating
Harrl. Coip (P.I. Bay Pl.nt)
Monolithic Memoriae
National Semiconductor Corp
St.nd.rd Chlorln* ol Delaware. Inc
Trladyne Semiconductor
Richardson Hill Road fcndll|,Pond
Ujsta Dlspoaal. Inc
Curclo Scrap Metal. Inr
C«p« l*.r Uood Pi.s*rvliig
Cosd«n Ch*mlcal Coatlnga Coip
Si Augusta San Lndf ll/tngen Dump
C.nt.l. P|*c|ng Co
K*ystone Sanitation Undllll
Caroline Tranetoimer Co
B.ndl. Flight Iyet»s Division
Halt* Rockat Fu*l Ar«*
K*nt city Hoblle Horns Park
Oboe Roed
Hontena Pole and Treating
Tonah Palrgrounda
Uyckoff Co /Ugla Harbor
Hagen Fern
Row* Induatrlee Ground v*t*r Cont
H*b*lk* Auto Salvag* Yard
Appll.d H*t«rlals
R.v.ra Oi.oUsI Co
Hunts Disposal Undflll
Tsnth Street Dump/Junkyard

Toman Ansory
Raeaer'e Undflll
Flrat Piedmont Quarry (Route 719)
Shaw Avenue Dump
Rltarl Poet 4 Pole
Jacksonville Municipal Undllll
Rogara Road Municipal Undllll
Palmetto Recycling. Inc

City/Count i
u*.l Tain Iwwnkliip
At on. Ion P.rlsh,
Volt r.iwiiihlp
Sunnyv* I *
Sam* il.r.
Mountain Vl»
Sldnsy C.nl.t
Saul* F* Spilnga
Saddle Brook Tup
l.yatt.vlll.
B*v.||y
St August* Township
Franklin Square
Union Township
fayattrvllle
Brldgiu.isr Township
Malta
Kant City
Hutch Inson
Buna
Toman
Balnbrldga Island
Stoughton
Noyack/Sag Halbor
U.la.nb.rg Toxiuhlp
Santa Cl.ra
NockuUon Township
Cal.dunia
Oklahoma City

Tomah
I'ppar Hai.ungla Twp
Plttsylvanla County
Ch.rl.s City
S.b.ks
Jacksanvllle
Jark.onvll |*
Columbl.
N.w Final Sltae 67






















•rtpons* Cl**nup
Category, Stilus.
D
D
V S , 0
D
D
D
D
D
b
D
R 0
D
D
D
D 0
R F 0
D 0
D°
D
R 1
D
F
j
R o
R
D O
R o
O
R P 0

D
I
D
D
0
s o















I
i
93
1
£_
cn
f\)
f
g-
ra
w
Q.
CD
J
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I-S
yt
5"
OS
co
O.
«
5T
Cf.
o
3
1

-------
                                                                   Table  I coin'a.
NPL
01 1
?
1
7
1
i*
i«
14
t
tl
t.
t
6
1
)
i
;
V
»
10
10
1?
)?
1?
1?
11
11
11
u
Sl
CA
to
HO
TH
CA
HI
NJ
UT
CA
1L
nt
w
CA
IA
OK
UA
CA
CA
AL
NJ
HV
PA
VA
UA
1L
IW
80
OR
Federal Facility Sltea H
July IVg/
Site Hmm*
NcClnlliii AFB 1)6 Areei)
Rucky Mountain Areenal
U.I don Spring quart/ (USDOE/Any)
Hll«n Aiay Aaaunlllon Plant
Robins A»B (Lntlll at/Sludge Lag)
Cornhulker Aray Aaaunlllon Pl*ut
N«v«l Air En|lM«rln( Ctnt*r
Hill Air Foic* 6>l« (10 Ar»i(
Sacruwnio Amy Depot
S«n*up/Crab Orchtid NUR (USDOI>
BrutuHlck IUv.1 Air Sot loo
0(itan Otlmtt Dtfof
L>ur>iic« llv.i.or* Ub (USbOEi
Chop* A»y Depot
Tlnk.r «»1 iSoldUr Cr/tld( lOOIl
McChottf AF6 (U»«h a>ck/Tr«cMni )
C«||U Air Forcl SMI* (( AIMI)
Norton Air totem tmmm (Lndlll •}>
Alibu* A»y AMuiilclon Pluil
Fore Oil (Landfill Slta)
Grlfflu Air Fore* ta»(ll Ar»at)
Ultarkanny Aray Dtpol (tl Ai*«)
Dafaiu* Ctturil Supply Ctnlat
Fort Uwli (Untfflll H« i)
Jollal Atcy Aoau Plant (Hfg Ar«a|
Kin CltUl Air Forca(SAR Lndlll)
Laki City Any Plane (MV Ufoon)
Uucllla Aray D,pot (U|ooni)
m Final (by Croup)
R
Cliy/(.uunty (.
Sa«taa»nlo
Adaai County
Si Charlaa Count*
Milan
Houilon County
Hall County
Lakahurtt
0(dan
Soaraaanto
CartorrllU
InnavUk
Ogdan
Llwranra
Lathrap
OklahoM Ul»
TacoM
Narcad
San BomarJIno
Chlldaraburi
Paabarton Tonuhlp
ROM
Chaattaraburg
Chaatarf lal* Count*
Tacom*
Jollac
•Innaapolla
IndapandMM*
Haralnon |
ponfa Cleanup
agory^ Statuij
0
O
1
0

0
0
1
0
0
0
0
0

I   tltea are  placed la groupa  (Gr) correapondlng co (toupa of JO
   mi Uie final  WL
   V - Voluntary  or  negotiate*  raepaiuo
   F • Federal  aniorceaanc
   D - Category to bo  dateralned
R - Federal and Sfato raiponae
S - State eaferceaant
I.  I  - lapleaanutlon activity underway, one or aore operable unit)
   0  - One  or aore  operable unite coaplacod. othata aay bo undaraay
   C  - laploaeniMlea activity coaBleted for all operable unite
                                                                                                                                                                             ToMe I opntM.
                                                                                                                                  National Priorities Lilt.
                                                                                                                          Federal Facility Sltei.  Neu Final  (by Croup)
                                                                                                                                         July HI7
"l
Ik
1)
IS
It
St Site Naaa
n lone Star any Aaaunlclon Plant
CA Noffetc Naval Air Station
UA langor Ordnance Olepoial
CA Mather AF5 (ACtU Disposal Site)
City/County
Tesarkana
Sunnyvale
•reaerton
Saeraaento
•••iponio Cleanup
latfgvry. Statue.
/ I
,
I
R

-------
             Federal Register  /  Vol. 52.  No. 140 /  Wednesday. July 22. 1987 / Rules and''Regulations
                                                                     27825
   Update *2. proposed on October IS.
 1984 (49 FR 40320). consisted of 208 sites
 and 38 Federal facility sites. On
 February 14.1985. two-New Jersey sites.
 the Glen Ridge Radium Site and the
 Montclair/West Orange Radium Site.
 were added to the NPL On September
 18.1985. the Pratt & Whitney Aircraft/
 United Technologies Corp. Site in West
 Palm Beach. Flonda. was reproposed in
 Update =4. On June 10.1986 (51 FR
 21054). EPA added 149 Update «2 sites
 to the NPL. dropped 6  sites from
 consideration because their MRS scores
 were below the 28.50 cutoff, and
 continued to propose 50 sites pending
 resolution of technical or policy issues.
 Today's rule promulgates 5 Update «2
 sites. Four sites previously identified as
 related to the Resource Conservation
 and Recovery Act (RCRA) were
 discovered to have no  RCRA
 relationship and are being promulgated
 because technical issues have been
 resolved. One additional site is being
 promulgated because all technical issues
 have been resolved, leaving 45 Update
 -2 sites proposed.
   Update »3. proposed on April 10.1985
 (50 FR 14115) consisted of 26 sites and 6
 Federal facility sites. One of these sites.
 the Landsdowne Radiation Site, in
 Unsdowne. Pennsylvania, was added to
 (he NPL on September  16.1985 (50 FR
 3?630). Of the remaining 25 Update «3
 .sites. 7 received no comments and were
 added to the NPL on June 10.1986 (51 FR
 21054). Of the 18 remaining Update *3
 sites. 12 sites are being added to the
 NPL in this final rule. The remaining 6
 sites continue to be proposed because of
 their RCRA status.
  Update *4. proposed on September
 18.1985 (50 FR 37950). consisted of 38
 sites and 3 Federal facility sites. Of the
 38 Update »4 sites. 13 sites received no
 comments and were added to the NPL
 on June 10.1986 (51 FR  21054). Of the
 remaining 25 Update *4 sites. 11 sites
 are being added to the NPL in this final
 rule. One Update *4 site, the Silver
Creek Tailing Site in Park City. Utah.
Mas  removed from the NPL on October
 17. 1986 as required by  section I18(p) of
SARA Of the 13 remaining sites. 10 sites
remain proposed because of the in
 RCRA status, and 3 sites remain
proposed pending resolution of technical
issues.
  Update *5. proposed on June 10.1986
(51 FR 21099), consisted of 43 sites and 2
Federal facility sites. The comment
period closed on August 11.1986. Of the
43 sites 16 sites received no comments
and are being added to the NPL as part
of this final rule. The remaining 27 sites.
 plus  the two Federal facility sites.
continue to be proposed pending review
of comments received.
   Update «6. proposed on January 22.
 1987 (52 FR 2492). consisted of 83 sites
 and 1 Federal facility site. The comment
 penod closed on March 23.1986. Of the
 63 sites. 23 sites received no comments
 and are being added to the NPL as part
 of this final rule. No comments were
 received for the Federal facility site, and
 so it is included as well. The other 40
 sites remain proposed.
   All sites that remain proposed.
 including Federal facility sites, will be
 considered for future final rules.
 Although these sites remain proposed.
 the comment periods have not been
 extended or reopened.
   To the extent practicable. EPA
 considered late comments received after
 the close of the comment periods. For
 this final rule. EPA considered all
 comments received by June 12,1987.
 Based on the comments received on the
 proposed rules, as well as further
 investigation by EPA and the States.
 EPA recalculated the HRS scores for
 individual sites where appropriate.
 EPA's response to site-specific public
 comments and explanations of any
 score changes made as a result of such
 comments are addressed in the "Support
 Document for the Revised National
 Priorities List—Final Rule *3/*4".

 IV. Eligibility

   CERCLA restricts EPA's authority to
 respond to certain categories of releases
 of hazardous substances, pollutants, or
 contaminants by expressly excluding
 some substances, such as petroleum.
 from the response program. In addition,
 as a matter of policy. EPA may choose
 not to use CERCLA to respond to certain
 types of releases because other
 authorities can be used to achieve
 cleanup of these releases. For example.
 EPA has chosen not to list sites that
 result from contamination associated
 with facilities licensed by the Nuclear
 Regulatory Commission (NRC). on the
 grounds that the NRC has full authority
 to require cleanup of releases from those
 facilities (48 FR 40661. September 8.
 1983). Where such other authorities
 exist, and the Federal Government can
 undertake or enforce cleanup pursuant
 to a particular established program.
 using the NPL to determine the priority
or need for response under CERCLA
may not be appropriate. Therefore. EPA
has chosen not to consider certain types
of sites for the NPL even though
CERCLA may provide authority to
respond. If. however, the Agency later
determines that sites not listed as a
matter of policy are not being property
responded to. the Agency may  consider
placing them on the NPL
  The NPL eligibility policies of
particular relevance to this final rule-
 Federal facility sites. RCRA sites, and
 mining waste sites—are discussed
 below. These policies, as well as other
 NPL eligibility policies, have been
 explained in greater detail in earlif
 rulemakings (51 FR 21054. June 10.

 Releases From Federal Facility Sites

   Prior to today's final rule. 48 Federal  •
 facility sites were proposed for the NPL
 Today's final rulemaking adds 32 of
 these sites to the Federal section of the
 NPL leaving 18 sites proposed. Of the
 32.28 sites were proposed on October
 15.1984 (49  FR 40320). 2 were proposed
 on Apnl 10.1985 (50 FR 14115). 1 site
 was proposed on September 18.1985 (50
 FR 37950). and 1 site was proposed on
 January 22.1987 (52 FR 2492).
   On June 10.1986. the Agency
 announced final and proposed
 components of a listing policy for non-
 Federal. RCRA sites (51 FR 21057). The
 policy was intended to reflect the
 broadened corrective action authorities
 of the Hazardous and Solid Waste
 Amendments of 1984 (HSWA). As
 explained in greater detail below, the
 policy generally allows placing sites
 subject to RCRA Subtitle C corrective
 action authorities on the NPL if one or
 more of three criteria is met: (1) The
 owner/operator is bankrupt: (2) the
 owner/operator has lost  authorization to
 operate and  has exhibited probable
 unwillingness to perform corrective
 action: or (3) in cases other than lot
 authorization to operate, the owner/
 operator has exhibited probable
 unwillingness to perform corrective
 action. When promulgating this policy.
 the Agency reserved for a later date the
 question whether this or another policy
 would be applicable for Federal facility
 sites. The Agency explained that this
 issue would  be considered along with
 other issues  relating to Federal facility
 sites (51 FR 21059. June 10.1986).
  Since that  time, the Agency has
 considered the issue of placing Federal
 facility sites  on the NPL As part of its
 deliberations. EPA considered pertinent
 sections of SARA and the proposed
 policy regarding RCRA Subtitle C
 corrective action at Federal facilities
 with RCRA operating units (51 FR 7722.
 March 5.1988). Specifically, that policy
 stated that: (1) RCRA section 3004(u)
subjects Federal facilities to corrective
 action requirements to the same extent
as privately-owned or privately-
operated facilities and (2) the definition
of a Federal facility boundary is
equivalent to the property-wide
definition of  facility at privately-owned
or privately-operated facilities. This
policy was of particular interest beer
 the Agency has determined that the

-------
             Federal Register  /  Vol. 52.  No. 140  / Wednesday. July 22. 1987  / Rules and Regulations
 majority of Federal facilities that could
 be placed on the NPL have RCRA
 operating units within their boundaries.
   The Agency has interpreted SARA
 and its legislative history to Indicate
 that Congress clearly intended that
 Federal facilities be placed on the NPL
 and that, if appropriate, cleanup should
 be effected at those sites. In the floor
 debates. Senator Robert T. Stafford
 explained section 120 as follows
   Second, the amendments require a
 comprehensive nationwide effort to identify
 and assess all Federal hazardous waste sites
 that warrant attention .  .. The legislation
     requires that any Federal facility that
 meets  (he criteria applied to private sites
 listed on the national priorities list (NPL)
 must be placed on the NPL — Cong. Rec.
 S 14902 (daily ed.. Oct. 3.1986)
   Specifically, section 120 of SARA
 includes requirements for the
 assessment of releases at Federal
 facilities, placement on  the NPL and  if
 appropnate. implementation of remedial
 action. Sections 120(a) and 120(d) also
 require that Federal facility sites be
 evaluated for the NPL based upon the
 same guidelines, rules, regulations, and
 criteria that are applicable to other sites.
   dven that Congress clearly
 contemplated that Federal facility sites
 be on  the NPL the Agency interprets
 these provisions of section 120 to mean
 that the criteria  to list Federal facility
 sites should not be more exclusionary
 than the criteria to list non-Federal sites
 on the NPL Key elements  of the current
 policy for listing non-Federal sites
 subject to RCRA Subtitle C corrective
 action authorities include whether the
 owner or operator has Hied for
 bankruptcy or has clearly demonstrated
 unwillingness to comply with applicable
 RCRA requirements or regulations.
 Since bankruptcy proceedings are not
 applicable to Federal agencies and
 unwillingness to comply with Federal
 laws is unlikely, application of the non-
 Federal NPL/RCRA policy would have
 the incongruous effect of listing few
 Federal sites. The Agency  believes that
 this result would be inconsistent with
 the spirit and intent of section 120.
  In order to prevent the Agency from
 being more exclusionary in placing
 Federal facility sites on the NPL the
 Agency has proposed a policy for
 Federal facility sites that would allow
 such otherwise eligible Federal facility •
 sites to be on the NPL regardless of
 whether RCRA Subtitle C corrective
 action  authorities are applicable (52 FR
17991. May 13.1987). This proposed
policy does not restrict the use of either
RCRA  corrective action or enforcement
authorities to achieve cleanup at Federal
facility sites. EPA is in the  process of
developing regulations for corrective
 action under RCRA Subtitle C and for
 cleanup of CERCLA sites under the
 NCR The cleanup goals established in
 those regulations will be consistent with
 each other, within the limits of each
 statute, and EPA expects that remedies
 selected and implemented under
 CERCLA will generally satisfy the
 RCRA Subtitle C corrective
 requirements, and vice versa.
   In the mtenm period before a new
 policy is promulgated the important
 process of including Federal facility
 sites on the NPL should continue. As
 stated earlier, the Agency believes that
 this is clearly the intent of Congress.
   Of the 32 Federal facility sites
 included in today's rule. 26 have areas
 subject to the Subtitle C corrective
 action authorities of RCRA within the
 facility boundaries but not within the
 MRS site itself. These 26 sites were
 proposed and are being promulgated
 according to the RCRA policy
 announced on September 8.1983.  which
 stated that non-regulated units of active
 facilities could be included on the NPL
 (48 FR 40662). In accordance with that
 policy, land disposal units that received
 hazardous waste after the effective date
 of the RCRA Subtitle C land disposal
 regulations, are not included in today's
 listings. This policy remains applicable
 to Federal facility sites until the Agency
 promulgates a new policy. Consistent
 with the policy proposed on May 13.
 1987 (52 FR 1799). placing these 26 sites
 on the NPL will not preclude these sites
 from  being addressed by the corrective
 action authorities of Subtitle C of RCRA.
  The Agency believes that placing
 RCRA-related Federal facility sites on
 the NPL is consistent with the intent of
 Section 120 of SARA and will serve the
 purposes originally intended by
 { 300.66(e)(2) of the NCP—to advise the
 public of the status of Federal
 government cleanup efforts (50 FR 47931.
 November 20.1985). In addition, listing
 will help other Federal agencies set
 priorities and focus cleanup efforts on
 those sites that present the most serious
 problems.
  Of the 32 Federal facility sites in
 today's rule. 6 do not include any RCRA
 regulated units within the facility
 boundaries.
  They are:
  • Alabama Army Ammunition
 Plant—Childersburg. AL
  • Moffett Naval Air Station-
 Sunnyvale. CA
  • Twin Cities Air Force Reserve
Base—Minneapolis. MN
  • Weldon Spring Quarry (USDOE/
Army}—St. Charles County, MO
  • Cornhusker Army Ammunition
Plant—Hall County. NE
   • Naval Air Engineering Center—
 Lakehurst. N)
   Of the 16 Federal facility sites that
 remain proposed. 7 are being reproposed
 today in a separate Federal Register
 notice because it appears that the areas
 within the boundaries of these Federal
 facility sites evaluated for the NPL
 included areas subject to the corrective
 action authorities of Subtitle C RCRA.
 Although these sites are being
 reproposed  consistent with the proposed
 RCRA/Federal facilities policy
 published in the Federal Register on
 May 13.1987 (52 FR 17991). the Agency
 believes that it is appropnate to solicit
 additional public comment on the MRS
 scores for these sites.  In today's
 separate Federal Register notice, the
 Agency also solicits comments on the
 proposed expansion of the Rocky
 Mountain Arsenal Site in Denver.
 Colorado. All 16 Federal facility sites
 remaining proposed will be considered
 in future final rules.

 Releases From Resource Conservation
 and Recovery Act (RCRA) Sites
  On June 10.1986 (51 FR 21057). EPA
 announced components to a final policy
 for placing on the NPL sites subject to
 the corrective action authorities of
 Subtitle C of RCRA. At the same time.
 the Agency requested  comment on
 several proposed components of the
 NPL/RCRA  policy (51  FR 21109). Under
 the final policy, sites not subject to
 RCRA Subtitle C corrective action
 authorities will remain eligible for the
 NPL Examples of NPL-ehgible sites
 include:
  • Facilities that ceased treating.
 storing, or disposing of hazardous
 wastes prior to November 19.1980 (the
 effective date of Phase I of the Subtitle C
 land disposal regulations).
  • Sites at  which only materials
 exempted from the statutory or
 regulatory definition of solid waste or
 hazardous waste are managed.
  • Hazardous waste generators or
 transporters not required to have
 Interim Status or a final RCRA permit.
  Sites with  releases that can be
 addressed under the RCRA Subtitle C
 corrective action authorities generally
 will not be placed on the NPL However.
 RCRA sites may be listed if they meet
all of the other criteria for listing (e.g..
 an MRS score of 28.50 or greater), and if
 they fall within one of  the following
categories:
  (1) Facilities owned by persons who
are bankrupt
  (2) Facilities that have lost
authorization to operate, when Interim
Status is terminated under RCRA
section 3008(h). by permit denial under

-------
              Federal Register /  Vd.  52. No.  „„ / Wednesday. July 22. 1987 / Rules and Regulation,
                                                                                                               27627
   RCRA 3005(c). or by operation of RCRA
   section 300S(e): and for which there are
   additional indications that the owner or
   operator wiU be unwilling to undertake
   corrective action.
   i  (3) Sites, analyzed on a c.ise-by-case
   .uisis. whose owners or operators have
   *.-0'.%n .151 FR21109!
     Cosed on the final NPL/RCRA policy
   dusi.ri!ied above EPA is dddmg two
   RCRA related sites to the N'PL. The
   owner/operators of bo'h facilities are
   'Mukruot.  thus meeting the eligibility
   requirements of the first component of
   the final policy Documentation
   supporting the Agency's decision to list
  these RCRA sites is available in the
  docket. The two sites are-
    • Parsons Casket Hardware Co —
  Belvidere.  IL
    • Palmetto Recycling. Inc.—Columbia.
  oL«.
    The four sites listed below were
  proposed on October IS. 1984 (19 FR
  40320). They remained proposed
  because the Agency believed that they
  were subject to the subtitle C authorities
  of RCRA (51 FR 21054. June 10.1986).
  Subsequent investigation revealed that
  these sites  are not subject  to the Subtitle
  C authorities of RCRA. These sites met
  the requirements of the MRS. and the
  Agency received no information which
  precluded placing the sites on the NPL
  Documentation describing the RCRA
  status of these sites is available in the
  appropriate Superfund dockets.
   • Applied Materials—Santa Clara.
 C»f\.
   • Monolithic Memories. Inc—
 Sunnyvale.  CA.
   • National Semiconductor Corp.	
 Santa Clara. CA.
   • Teledyne Semiconductor-
 Mountain View. CA.

 Releases of Mining Wastes

   The Agency's position, as discussed in
 the preambles to previous final NPL
 rulemakings (48 FR 40658. September &
 '. might be addressed
  satisfacior:!) pursuant »o the Surface
  M.nsng Control ar.d Reclamation Act of
  1177 (S-MCRA) The Agency intends to
  crnumup with this apprised until a final
  policy regarding mining sites has been
  adopted.
    The Agency added six mining sites to
  the final NPL (51 FR 21054. June 10.1986)
  because they were neither regulated  by
  SMCRA nor eligible for SMCRA's
  Abandoned Mine Land Reclamation
  program.
   This final rule announces decisions
  related to two mining sites, the Silver
  Bow Creek Site, and the Silver Creek
  Tailings Site.
   The Silver Bow Creek Site, in Deer
  Lodge and Silver Bow Counties.
  Montana, was added to the NPL on
  September 8.1983 (48 FR 40658). At that
  time, the site was characterized as
  approximately 28 stream miles.
  Subsequent investigations indicated that
  sources in Butte. upstream of the
  original Silver Bow Creek Site, are
 contributing to contamination in the
 creek. In the June 10.1986 (51 FR 21099)
 proposed rule. EPA solicited comments
 on the appropriateness of adding the
 Butte area to the original Silver Bow
 Creek Site in order to include the
 upstream sources of contamination.
  The Agency received comments from
 two interested parties. After reviewing
 the comments. EPA decided that they
 presented no new information to
 indicate that the site should not be
 expanded as proposed. Consequently;
 for the purposes of the NPL the Silver
 Bow Creek Site now Includes the Butte
 area. The site name has been changed to
 "Silver Bow Creek/Butte Area Site".
  One commenter concurred with the
 position to include the Butte area and
 recommended that the site be expanded
 further downstream to encompass other
 affected areas. The commenter has not.
 however, provided data to support the
 further expansion of the site
 downstream. The Agency believes that
 the data currently available  indicate
 that the site should be limited to the
Silver Bow-Creek/Butte Area. However.
if additional studies suggest  that the site
should be further expanded, the Agency
will consider such a decision at that
time.
  The second commenter agreed that
the Butte area should be combined with
   the existing Silver Bow Creek »ite. but
   disagreed that the two areas should be
   studied under one comprehensive RI/FS
   The commenter slated that by
   combining the two areas, the overa'
   complexity of the combined site is
   tremendously expanded and would
   require a  regional environmental study
   Mirier ihan in investigation of a single
   ivjs'e site. T.ie commenter disagreed
   w:-r. F.P \ s contention that the addition
  of he  Buttn area would not greatly
  e-.pcind the Silver Bow Creek Sue
    In response, i-forma lion provided by
  the commenter indicates that the Butte
  arrii contnoutes only 5% to 10% of the
  total site area, which is consistent with
  EPA's original understanding. Although
  the addition of the Butte area to the
  original Silver Bow Creek Site is likely
  to increase the complexity of the
  combined site somewhat,  the fact
  remains that (he Butte area is a source
  of contamination for the affected
  downstream areas. The Agency will
  review the appropriateness of various
  study options to determine the best
  approach to define the nature and extent
  of contamination and tu develop options
  for remedying the problems at the site.
   In addition, the commenter stated  (hat
  the Agency should exclude the operating
  mine in Butte from CERCLA
  consideration. The commenter stated
  that.the mine is currently operated and
  bonded under the Montana Hard Ro<-
 Mining Act. which, according to  the
 commenter. includes regulations whi>.
 address many, if not all of the same
 environmental issues covered by
 CERCLV
   In response, no provisions of CERCLA
 preclude EPA from exercising the
 authority to take response action  under
 CERCLA in mining areas covered by
 state actions under the Montane  Metal
 Mine Reclamation Act (Montana Hard
 Rock Mining Act). EPA intends to
 coordinate closely with the Montana
 Department of State Lands in exercising
 CERCLA authority in the State-
 permitted mining areas in order to avoid
 duplication of effort or inconsistent
 results.
   A decision has also been reached on
 the Silver Creek Tailings Site. Park Cly.
 Utah. This site, proposed for listing on
 September 18,1985 (50 FR 37950). was
 evaluated using information provided by
 the State of Utah. The Agency has
 determined that some of the information
 is not appropriate to substantiate an
 HRS score of 28.50 or above, in similar
 situations in the pasL such sites have
continued in proposed status until EPA
could  determine if the appropriate data
could  be obtained to substantiate an
MRS score of 28 50 or above (see 48 FT

-------
 27628
Federal Register  /  Vol.  52.  No. 140 /  Wednesday. July 22.  1987 / Rules  and Regulations
 40658. September 8. 1983: 49 FR 37070.
 September 21.1984: and 51 FR 21054.
 June 10.1986).
   In the case of Silver Creek Tailings
 Site, the Agency is in the process of
 collecting additional data to determine
 whether or not the site should be
 proposed  to the NPL. However, section
 H6(p) of SARA specified-that the site be
 removed from the NPL unless the
 Agency determines that site-specific
 data not used to propose this site
 indicate that the site meets the
 requirements of the HRS or any revised
 Hazard ranking system.
   Consequently, the Silver Creek
 Tailings Site was removed from
 proposed status on October 17.1986. the
 dale SARA was enacted. This action
 does not indicate a change of the
 existing policy to continue to propose
 sites until the appropriate decision can
 be made.

 V. Disposition of all Proposed Sites/
 Federal Facility Sites
  To date. EPA has proposed six major
 updates to the NPL (Table 2).

  TABLE 2 —SUMMARY or NPL PROPOSALS


Update
No.


i

2

3

4


Date/FEDERAL
REGISTER
atanon


9/8/83. 48 FR
40674 	
10/15/84. 49
FR 40320 .......
4/10/85. 50
FR 14115 	
9/18/85.50
! FR 37950 	
5

6


6/10/86. 51
FR 21099 	
1/22/87.52
FR 2492 	
Total 	
Number of sites/
Federal facility
sites
Pro-
posed


133/0

208/36

26/6

38/3

43/2

63/1
511/48
Re-
pro-
posed

2/0

45/8

6/4

13/2

27/2

40/0
133/16
  Of the 133 sites and 16 Federal facility
sites in proposed status. 66 sites and 14
Federal facility sites are from proposed
Update «1 through 4 and continue to be
proposed pending resolution of issues
involving the Federal Insecticide.	
Fungicide, and Rodenticide Act (FTJFRA).
RCRA. and mining wastes (Table 3).
These policies are explained in detail in
the June 10.1986 final rule (51 FR 21054).
The remaining 67 sites, and 2 Federal
facility sites from proposed Updates »S
and =6. continue to be proposed
because EPA has not completed review
of comments. They will be considered in
future final rules.
                              The formal comment periods have
                            closed for all proposed rules. Proposed
                            Updates #1 through 4 sites are listed
                            first in Table 3 according to categories
                            representing policy and technical issues.
                            Update #5 and Update «18 sites are
                            listed at the end of Table 3.

                                TABLE 3.—PROPOSED SITES/FEDERAL
                                         FACILITY SITES
Category/site
name
UPDATES #1-4:
Pestade-
ApplKatootK
KureaWeltel —
Kunia WeUa II 	
Mrtilara Wells. 	
Waiawa Shaft 	
Waipahu Wells...
Waipw Heights
Wells II.
RCRA ('Not
previously
identified as a
RCRA site):
Motorola, Inc.
(52nd Street
Plant).
Farchild
Camera A
Instrument
Corp.
(Mountain
View Plant).
Fairchrid
Camera*
Instrument
Corp. (South
San Jose
Plant).
FMCCorp.
(Fresno
Plant).
U^Ma^aM
nuwMni
Packard.
IBM Corp. (San
Jose Plant).
Lorentz BarraJ
A Drum Co.
Martoy Cooling
Tower Ca
Rhone-
Poutenc.
Inc/Zoecon
Corp.
Stgnetjcs, Inc......

Southern
Pacrfic
Transports*
fconCo.
Van Waters A
Rogers, Inc.
Martin Marietta
(Denver
Aerospace).
City Industries,
iflC>
Location



Oahu. HI ._
Oahu,HI_.
Oahu, HI....
Oahu. HI ....
Oahu, HI ....
Oahu, HI ..„





Phoena.
AZ

Mountain
view.
CA.



South San
Jose,
CA.



Fresno.
CA.

Pate Alto.
CA.
San Jose,
CA.
San Jose.
CA.
Stockton,
CA,
East Palo
ArtO. CA.


Sunn^slo,
CA.
Rosewfts.
CA.


San Jose,
CA.
Waterton.
CO.

Orlando.
FL
Date of
proposal



10/15/84
10/15/84
10/15/64
10/15/84
10/15/84
10/15/84





10/15/84


10/15/84





10/15/84





10/15/84


10/15/84

10/15/84

10/15/84

10/15/84

10/15/84



10/15/84

10/15/84



10/15/84

09/18/85


10/15/84

TABLE 3.—PROPOSED SITES/FEDERAL
    FAOUTV SITES—Continued
Category/site
name
Pratt A Whitney
Aircraft/
United*
Technologies
Corp.
OlmCorp
(Areas 1. 2.
A 4).
Sheffield (U.S.
Ecology. Inc.)
Firestone
Industnal
Products Ca
ProstoMe
Battery
Division.
A.Y McDonald
Industries,
Inc.'
ChempkH Co —


Fnt Industries
(Humboldt
Plant).
John Doofo
(Dubuque
Works).
I 1 4 ItlnmfMilntn
U.O. NamGplaw
Ca
.
National
Industnal
tal Services.
Union Chemical
Ca. Inc.

E.I. DuPont De
Nemours A
Co, me.
(Montague
Plant).
Hooker
(Montague
Plant).
Kysor industrial
Corp.
Lacks
Industries.
me.
rindett Corp__.


Conservatjon
ChemcaICa
Burtingfon
Noftnotn
Rawoad
(SomersTle-
Treamg
Plant).
Lindsay
Manufactur-
ing Co.
Location
West Palm
Beach.
FL


Augusta.
GA.

Sheffield,
IL
Nobles-
vine. IN.

Vinconnes*
IN.

Dubuque.
IA.

Clinton/
Ca-
IA.
Humboldt,
IA.

Dubuque.
IA.

Mount
Vemon,
IA.
Furtey. KS.


South
Hope.
ME.
Montague,
Ml.



Montague.
Ml.

Cadillac.
Ml.
Grand
Rapids.
Ml.
SL
Charles.
MO.
Kansas
City, MO.
SovnofSi
MT.




Lindsay.
NE.

Date of
proposal
09/18/85




09/08/83


10/15/84

09/18/85


09/18/85
'

09/18/85


10/15/84


04/10/85


09/18/85


10/15/84


10/15/84


04/10/85


10/15/84




09/18/85


09/18/85

10/15/84


10/15/84


04/10/85

10/15/84





10/15/84



-------
Federal Register / Vol.  52. No. 140 / Wednesday.  July 22.  1987 /  Rules ancf Regulations
27629
TABLE 3 —PROPOSED SITES/FEDERAL
FACILITY SITES — Consnued
Category/site j
name • <-oca»on
Date- of
i proposal
Monroe Auto ' Cozad. NE .1 09/18/85
Eq-jiomeni , . '
Co :
Maiiack. inc wootwien
Town-
ship. NJ
National Starch Salisbury.
& Chemical .' NC
Corn * '
wip. .
General Coshoc-
Electric Co ton. OH
(Coshocton
Plant) '
Rohm & Haas
Co. Landfill *
Cuipeper Wood
Preservers.
Inc
IBM Corp
(Manassas
Plant Spill).
Love's
Container
i
Bnstol
Town-
eh in DA
only. ff\
Cuipeper.
VA.
' Manassas,
VA.
1 Bucking-
ham
Service County.
Landfill VA

Mobay
Chemical
Corp. (New
Mamnsville
Ptantl
• ittnij.
Mining Wastes:
Oison/Neihart
Reservoir.
Sharon Steel
Corp.
(Midvale
Tailings).
Technical Issues.
Arkwood Inc 	

J.H Baxter Co ...
Montrose
Chemical
Montco
Research
Products. Inc.
HOD Landfill ...
Kerr/McGee
(Kress
Creek/West
Branch of
DuPage
n __.
niver)
Kerr-McGee
(Reed- i
Keppler Park)
New
Martins-
ville. WV
Wasatch
County.
1 IT
UT.
Midvale.
UT.

Omaha,
AD
An.
Weed.CA...
Torrance.
CA.
Hollister,
FL
Anuoch. IL..
Dupage
County,
IL

West
Chicago.
IL
Kerr-McGee West
(Residential Chica-
Areas)


go/
DuPage
County.
'• IL
09/18/85
i
04/10/85

10/15/84

04/10/85
10/15/84
10/15/84
04/10/85


10/15/84
10/15/84
10/15/84

09/18/85

10/15/84
10/15/84
10/15/84
09/18/85
10/15/84


10/15/84

10/15/84






TABLE 3 —PROPOSED SITES/FEDERAL
FACILITY SITES— Continued
Category/site . „..,-_ Date of
name Locatlon proposal
Kerr-McGee ; West i 10/15/84
(Sewage Chicago.
Treatment ' IL
Plant !
Michigan Kaiama-
Disposal
Service (Cork
Street
Landfill)
Ouail Run
Mobile
Manor.
Lodi Municipal
Well
Warwick
Landfill
Bno Refining
Co. inc
Sol Lynn/
Industnal
Transformers.
Federal Facility
Cltr*^
sites
Anniston Army
Depot
(Southeast
Industnal
Area)
Rocky Rats
Plant
(USDOE).
Dover Air Force
Base.
Joliet Army
Ammunition
Plant (Load-
Assembry-
Packing
Area).
Savanna Army
Depot
Activity.
Louisiana Army
Ammunition
Plant
Aberdeen
Proving
Ground
(Edgewood
Area).
Aberdeen
Proving
Ground
(Michaelsville
Landfill)
Naval Weapons
Station Earte
(Site A).
Letterkenny
Army
Ammunition
(Property
Disposal
Office Area)
Air Force Plant
#4 (General
Dynamics)
zoo. Ml
I
i
10/15/84

I
Gray
Summit.
MO.
Lodi. NJ ....
Warwick.
NY.
Fnends-
wood.
TX.
Houston.
TX.
Anniston.
AL
Golden.
CO.
Dover. DE...
Jotaet IL 	

Savanna.
IL
Doytene.
LA.
Edgewood.
MD.
Aberdeen.
MD

Colts
Neck.
NJ.
Franklin
County.
PA.



Fort
Worth.
TX
09/08/83

10/15/84
09/18/85
10/15/84
10/15/84
10/15/84

10/15/84
10/15/84
04/10/85

10/15/84

10/15/84
04/10/85
04/10/85


10/15/84

04/10/85




10/15/84


TABLE 3 —PROPOSED SITES/FEDERAL
FACILITY SITES— Continued
Category/site
name
Tooele Army
Depot (North
Area)
Naval Air
Station
Location
Da" '
P»
i
Tooele. UT 10/13/84
Whidbey ' 09/18/85
Island. '
Whidbey | WA
island (Auit i
F^eld) :
Naval Air
Station-
Whidley
. Whidley 09/18/85
Island. :
WA.
Island
(Seaplane)
UPDATE ItS
(Proposed 06/
10/86).
Apache Powder
Co.
Mesa Area
Ground
Water
Contamina-
tion.
i
i
Benson.
AZ.
Mesa. AZ
i
Tyler Smyrna.
Refrigeration DE.
Pit
Piper Aircraft
Corp./Vero
Beach Water
& Sewer
Department
Sydney Mine
Sludge
Ponds.
Tn-County
Landfill Co /
Waste
Management
of Illinois.
Inc.
Douglass
Road/
Uniroyal. Inc..
Landfill.
Southside
Sanitary
Landfill.
Red Oak City
Landfill.
Combustion.
Inc.
American
Folkertsma
Refuse.
J&L Landfill 	
BioClmical
Laboratories.
inc
Conkhn Dumps...

TRW. inc.
(Minerva
Plant).
Vero
Beach.
FL.
Brandon.
FL.
South
Elgm. IL

Mishawaka.
IN
Indianapo-
lis. IN.
Red Oak.
IA
i^.
Denham
Spnngs.
LA.
lonia. Ml ...
Grand
Rapids.
Ml.
Rochester
Hills. Ml.
Bohemia
NY

Sonklin
NY
Minerva.
OH

























-------
27630
Federal  Register / Vol. 52. No. 140 /  Wednesday. July 22.  1987 / Rules and Regulations
TABLE 3.— PROPOSED SITES/FEDERAL
FACIUTY SITES— Continued
Category/sue
name
CryoChem, Inc. .

Delta Ouames
& Disposal.
Inc /Stotter
LandfiH

Eastern
Diversified
Metals.
Medley Farm
Drum Dump.
Rochester
Property
Shendan
Disposal
Services.
Midvale Slag —

Atlantic Wood
industries,
Inc.
Hidden Valley
Landfill (Thun
Field).
Old Inland Pit. 	

Tpmah
•Municipal
Sanitary
Landfill.
Federal
(Proposed OB/
10/86):
Naval A*
•^ *
ueveiopmeni
Center (8
Waste Areas).
Naval
Undersea
Warfare
Station (4
Waste Areas).
UPDATE *6
Proposed 01/
22/87) "
RCRA Sites)-
Southern
California
Edison Co.
(VisaUa
Poleyard).
Watkms-
Johnson Co.
(Stewart
Division
Plant).
Nutmeg valley
Road.
Chem-Sotv. Int
**.
Dover Gas
UghtCo.
Locaton
. Worman,
PA.
Anns/ -
Logan
Town-
ships.
PA.

town.
PA.
Gaffney.
SC
Travelers
Best.SC
Hemp-
stead.
TX
Midvale.
LTT.
Ports-
mouth.
VA.
Pierce
County.
WA.
Spokane.
WA.
Toman, Wl..






V¥aim»
ster
Town-
sr»p. PA,
Keyport.
WA.





'

Visal*.CA..




Scotts
Valley.
CA


Wotcott.
CT.
CheswoW.
DE.
Dower. DE-

Dataot
proposal





























































TABLE a— PROPOSED SITES/FEDERAL
FACIUTV SITES— Continued
Category/sue
name
E.I. DuPont de
Nemours &
Co.. inc.
(Newport
Pigment
Plant Landfill)
Landfill.

Dvmond
Shamrock
Corp. Landfill.
Malms Brothers
LandMl
(South
Marble Top
Road).
Stauffer
Chemical Co.
(Cheago
Heights
Plant).
McCarty's Bald
Knob LandMl.

Barrels. Inc. 	

Ford Motor Co.
(Sludge
Lagoon).
Metal Wortung
Shop.
Kem-Pest
Laboratories.


Wheeling
Daposal
Service Co..
Inc.. LandNL
LlM— ••^BAAM'A
riorsimann s
Dump.

tebpMuntapal
Sanrtary
LandfUL
Atxudoen
Pesbode
Dumps.
Allied Plating,
Inc.".
American
Electoraca
Laboratones.
Inc.
Ametek. Inc.
(Hunter
Spring
Division).
Avco Lycoming
(WiUiamsport
Division).
Commodore
Semiconduc-
tor Group.


Locaton
Newport.
DE.



^ inill
New
Castle.
DE.
Cedar-
towrv
GA.
Kensng*
ton.GA.



Chicago
i In nfcll —
neigrns.
IL.


ML
Vemon,
IN.
Lansing.
Ml.
Ypsilano.
Ml.

Lake Ann.
Ml.
Cape
Girar-
deau.
MO.
Amazonia.
MO.


East
Hano-
ver. MJ.
tekp.NY 	

AtaMtaen.
NC.

Portand.
OH.
Montgo-
nwcyvilto.
PA.
Hatfiekt
PA.

Writtams.
port,PA.
Lower
Provt-
dence
Towrv
ship. PA,
Date of
proposal











	 1_ ---,„„,-,














































TABLE 3.— PROPOSED STTES/FEDERAL
FAOLITY SiTEa-Conanued
Category/site
name
Gentle
Cleaners
loc./Granrte
Knmng Mills.
Inc.
Hellertown
Manufactur-
ing Co.
J.W Rex Co./
AHwdPavit
Manuiactur-
ry Co.. Inc./
Keystone
Hydraulics.
Novak Sanrtary
Landfill.



PaobRejl
Yards.
River Road
Landfill
(Waste
Management,
Inc.).
Sartwd. Quarry....


Spra-Fm, Inc. —


Transwori, mc._

Sangamo-
m— _ *— _ i_ -JL j
wotion, me./
TwfihfO MLto
Creek/Lake
HartweU PCS
Contamina-
tion,
MaHory
Capacitor Co.
Wasatch
ChamcalCo.
(Lot 8).
Dcoe Caverns
County
LandNL
H4H,lnc..
Bum Pit
FientokM, Inc.
(Wgna
ta«^.— ^
WOOD

Division).
Saunders
Supply Co.

Locaton
Souderton,
PA.



Hefler-
tOWTL
PA.
Lansdale.
PA.




South
White-
ha«
Town-
ShB). PA.
Pad. PA 	

Hermitage.
PA,



Satfofd
Town-
ship. PA.
North
Wales,
PA.

woroaster.
PA.
Pfckens.
SC.




Waynea-
boro.TN.
Salt Lake
Oty. UT.

SatenxVA...


VA.
nicnmona,
VA.

Cnucka-
tuck,VA.

Das* of
proposal





















































VI. Disposition of Sites in Today Find

Final Sites With MAS Score Changes
For 15 of the 87 sites and 32 Federal
facility sites promulgted today. EPA has
revised the HRS scores based on its

-------
             Federal Register / VoL 52. No. 140 /  Wednesday. July  22. 1987 / Role, and" Regulations
  review of comments and additional
  information (Table 4). Some of the
                      changes have placed me sites in
                      different groups of SO site*.
                    TABLE 4.—SITES WITH HRS SCORE CHANGES
Sw» and MI nun*

CA Monolithic Memories; Inc 	
CATeledyne Serraconductor
IL Sangamo Electnc/Crab Orchard"
National WiWlrfe Refuge (USOOa
Ml Rockwell International Corp. (Alto-
gan Plant).
NJ Dayco Corp./LE. Carpenter Co 	
NJ Naval Air Engineering Center
(NAEC).
OH Ormet Corp 	
OR umstuia Army Depot (LagoorS":Z
PA York County Sobd Waste and
Refuse Authority Landfill.
VA Defense General Supply Center 	
VA First Piedmont Corp. Rock Quarry
(Route 719).
WA Bangor Ordnance Disposal 	 	
WA Fort Lewis (Landfill No. 5) 	
WA McChord A* Fore* Base (Wasli"
Rack/Treatment Area).
W4HaaanF*r« 	



Sunnyvale 	
Mountain View 	 J!~1T_'."_..".
Cartennlle 	
Allaaan 	
Warton Borough .
Lakehurst 	
Hannibal 	
1 in •••! ii -i*—.
noriTitsion •...••....»».- 1 	 mn
HopeweU TownshB)...__.._~~"""
Chesterfield County 	
PittsytMm Caunly
Bremerton. — .-..,
TaCQflM 	 l 	
ar*n**n~

MMS

42.24
42.24
59.80
H.29
48.12
49.48
52.29
31.74
4a72
33.86
3751
9OM9
42.78
4X24

30 07
More

35.57
35.35
43.70
*9 1*
AK IS
50.53
48.44
31.31
44.27
33.89
3O.1A
1A49
33.71
*t??ei

32.06
   A summary of me comments received
 on these sites and EPA's responses are
 recorded in the "Support Document for
 the Revised National Priorities List-
 Final Rule #3/*4."

 Name Revision*

   The names of three sites and one
 Federal facility site promulgated in this
 final rule have been changed in
 response to information received during
 the comment period (Table 5). The
 changes are intended to reflect more
 accurately the location or nature of the
 problems at the site.

   TABLE 5.—CHANGES m SITE NAMES
 Nafneon proposed NPL     Nam on mm
Hams Corp./Generat
  Development
  Utilities. Palm Bay.
  FL
Robins Air Force
  Base Houston
  County. GA.
St. Augusta Sanitary
  LandfiN/SL Cloud
  Dump. St. Augusta
  Township. MN.
First Piedmont Corp.
  Rock Quarry.
  Prttsyrvanm County.
  VA.
Hams Con. (Pate
  Bay Plant).
Rooms Ar Force
  Base (Landfill f 4/
  Sludge Lagoon).
SL Augusta Sanrtary
  LandM/Engm
  Dump.

Rrst Piedmont Corp.
  Rock Quarry
  (Route 719).
 VTL Contents of the NPL
   The NPL, with the Federal facility
 sites in a separate section, appears at
 the end of this final rule as Appendix B
 to the NCP. The 770; sites on the NPL are
 arranged *""*"tting to their scores on
 the MRS. The NPL is presented in groups
 of 50 sites to emphasize that min^>
 differences in HRS scores do not
 necessarily represent significantly
 different levels of risk. Except for the
 first group, the scon range within the
 groups, as indicated in the list, is \ftt
 than 4 points. EPA considers the sites
 within a group to have approximately
 the same priority for response actions.
 For convenience, the sites are
 numbered.
  The 32 Federal facility sites IB the
 separate Federal section of the NPL are
 arranged in groups correspondiag to the
 groups in the NPL.
  Each entry on the new NPL and
 Federal section contains the name of the
 facility and the State and city or county
 in which it is located.
  For informational purposes, each
 entry is accompanied by one or more
 notations reflecting the status of
 response and  cleanup activities at these
 sites at the time this list was prepared.
Because this information may change
 periodically, these notations may
 become outdated.
  Five response categories are used to
designate the  type of response
underway. One or more categories may
apply to each  site. The categories are:
                                                                                          27631
  Federal and/or State response (R).
  Federal enforcement (F). State
  Enforcement (S). (4) Voluntary or
  negotiated response (V). and Category
  to be determined (D).
   EPA indicate* the status of sign!
  Superfund-financed or private party
  cleanup activities underway or
  completed at proposed or final NPL
  sites. Three cleanup status codes are
  used. Only one is necessary to designate
  the status of actual cleanup activity at
  each site since the codes are mutually
  exclusive. The codes are:
  Implementation activities are underway
 for one or more operable units (I).
 Implementation activities are completed
 for one or more (but not  all) operable
 units (O). and Implementation activities
 are completed for all operable units (Q.
   These categories and codes are
 explained in detail in earlier
 rutemakings, the most recent of which
 was June 10,1988 (51 FR  21075).
   The 67 new sites added to the NPL
 (Table 1) are incorporated into the NPL
 in order of their HRS score, except
 where EPA modified the  order to reflect
 top priorities designated  by the States.
 as discussed in previous  rulemakings.
 the most recent of which was June 10.
 1986 (51 FR 21075).  The Lansdowne
 Radiation Site in Lansdowne.
 Pennsylvania, has an HRS score less
 than 2&50, and appears at the end (•' "
 list This site was placed  on the N"
 because it met the requirements o
 § 300.66(b){4) of the NCP  as explain
 Section ID of this rule.

 Vffl. Regulatory Impact Analysis

  The costs of cleanup actions that may
 be taken at sites are not directly
 attributable to listing on the NPL. as
 explained below. Therefore, the Agency
 has determined that this rulemakmg is
 not a "malar" regulation under
 Executive Order 12291. EPA has
 conducted a preliminary analysis of
 economic implications of  today's
 amendment to the NCP. EPA believes
 that the  kinds of economic effects
 associated with this revision are
 generally similar to  those effects
 identified m the regulatory impact
 analysis (RIA) prepared in 1982 for the
 revisions to the NCP pursuant to section
 105 of CERCLA and the economic
 analysis prepared when the
 amendments to the NCP were proposed
 (50 FR 5882. February 12.1985). The
Agency believes the anticipated
economic effects related to adding 99
sites to the NPL can be characterized in
terms of the conclusions of the earlier
regulatory impact analysis and the most
recent economic analysis.

-------
  27632
federal  Register / Vol. 52. No. 140  / Wednesday. July 22. 1987  /  Rules and Regulations
 Costs

   EPA has determined that this
 rulemaking is not a "major" regulation
 under Executive Order 12291 because
 inclusion of a site on the NPL does not
 itself impose any costs. It does not
 establish that EPA will necessarily
 undertake remedial action, nor does it
 require any action by a private party or
 determine its liability for site response
 costs. Costs that arise out of site
 responses result from site-by-site
 decisions about what actions to take.
 not directly from the  act of listing itself.
 Nonetheless, it is useful to consider the
 costs associated with responding to all
 sites included in this  rulemaking. This
 action was submitted to the Office of
 Management and Budget for review. The
 major events that follow the proposed
 listing of a site on the NPL are a search
 for responsible parties and a remedial
 investigation/feasibility study (RI/FS) to
 determine if remedial actions will be
 undertaken at a site. Design and
 construction of the selected remedial
 alternative follow completion of the RI/
 FS. and operation and maintenance
 (O&M) activities may continue after
 construction has been completed.
   Costs associated with responsible
 party searches are initially borne by
 EPA. Responsible parties may bear
 some or all the costs of the RI/FS.
 remedial design  and construction, and
 O&M. or the costs may be shared by
 EPA and the States.
   The State cost share for site cleanup
 activities has been amended by section
 104 of SARA. For privately-owned sites,
 as well as at publicly-owned but not
 publicly-operated sites. EPA will pay for
 100% of the costs of the RI/FS and
 remedial planning, and 90% of the costs
 associated with remedial action. The
 State will be responsible for 10% of the
 remedial action.  For publicly-operated
 sites, the State cost share is at least 50%
 of all response expenditures at the site.
 including the RI/FS and remedial design
 and construction of the remedial action
 selected. After the remedy is built costs
 fall into two categories:
   • For restoration of ground water and
 surface water. EPA will share in startup
 costs according to the  cntena in the
 previous paragraph for 10 years or until
 a sufficient level of protectiveness is
 achieved before the end of 10 years.
   • For other cleanups. EPA will share
 for up to 1 year the cost of that portion
 of response needed to  assure that a
 remedy is operational  and functional.
 After that, the State assumes full
responsibilities for O&M.
  In previous NPL rulemakings, the
Agency estimated the costs associated
with these activities (RI/FS. remedial
                             design, remedial action, and O&M) on
                             an average per site and total cost basis.
                             At this time, however, there is
                             insufficient information to determine
                             what these costs will be as a result of
                             the new requirements under SARA.
                             Until such information is available, the
                             Agency will provide costs estimates
                             based on CERCLA pnor to enactment of
                             SARA; these estimates are presented
                             below. EPA is unable to predict what
                             portions of the total costs will be borne
                             by responsible parties, since the
                             distribution of costs depends on the
                             extent of voluntary and negotiated
                             response and the success of any cost-
                             recovery actions.
Cost category
Rl/FS 	 	
Remedial design 	
Remedial action 	
Net present value of O&M
(over 30 years) • 	
Cost par
site1
$875.000
850.000
8.600.000 •
3.770.000 •
                               1986 US. dollars.
                              1 includes State cost share.
                              »Assumes  cost of O&M over 30 years.
                            $400.000 for the first year, and 10% discount
                            rate.
                              Source: Hazardous Site  Control Division.
                            Office of Emergency and Remedial Response.
                            U.S. EPA.

                              Costs of States associated with
                            today's amendment anse from the
                            required State cost-share of: (1) 10% of
                            remedial action and 10% of up to 1 year
                            of costs to ensure the remedy is
                            operational and functional at privately-
                            owned sites, and sites which are
                            publicly-owned but not publicly-
                            operated: and (2) at least 50% of the RI/
                            RS. remedial design, remedial action.
                            removal, if any, and first-year startup
                            costs at publicly-operated sites. States
                            will assume all of the cost for O&M after
                            EPA's period of participation. Using the
                            assumptions developed in the 1982 RIA
                            for the NCP, EPA has assumed that 90%
                            of the 67 non-Federal sites added to the
                            NPL in this amendment will be
                            privately-owned and 10% will be State-
                            or locally-operated. Therefore, using the
                            budget projections presented above, the
                            costs to States of undertaking Federal
                            remedial actions at all 67 non-Federal
                            sites would be approximately $2 billion.
                            of which approximately $200 million is
                            attributable to the State O&M cost As a
                            result of the changes to State cost-share
                            under SARA, however, the Agency
                            believes that State O&M costs may
                            actually decrease. When new cost
                            information is available, it will be
                            presented in future  rulemakings.
                              Listing a hazardous waste site on the
                            final NPL does not Itself cause firms
                            responsible for the site to bear costs.
 Nonetheless, a listing may induce firms
 to clean up the sites voluntarily, or It
 may act as a potential trigger for
 subsequent enforcement or cost-
 recovery actions. Such actions may
 impose costs on firms, but the decisions
 to take such actions are discretionary.
 and made on a case-by-case basis.
 Consequently, precise estimates of these
 effects cannot be made. EPA does not
 believe that every site will be cleaned
 up by  a responsible party. EPA cannot
 project at this time which firms or
 industry sectors will bear specific
 portions of the response costs, but the
 Agency considers: the volume and
 nature of the waste at the sites: the
 strength of the evidence linking the
 wastes at the site to the parties: the
 parties' ability to pay; and other factors
 when deciding whether and how to
 proceed against potentially responsible
 parties.
   Economy-wide effects of this
 amendment are aggregations of effects
 on firms and State and local
 governments. Although effects could be
 felt by some individual firms and States.
 the total impact of this revision on
 output, prices, and employment is
 expected to be negligible at the national
 level, as was the case in the 1982 RIA.

 Benefits

  The real benefits associated with
 today's amendment to list additional
 sites on the NPL are increased health
 and environmental protection as a result
 of increased public awareness of
 potential hazards. In addition to the
 potential for more Federally-financed
 remedial actions, expansion of the NPL
 could accelerate privately-financed.
 voluntary cleanup efforts to avoid
 potential advene publicity, private
 lawsuits, and/or Federal or State
 enforcement action. Listing sites as
 national priority targets may also give
 States increased support for funding
 responses at particular sites.
  As a result of the additional NPL
 remedies, there will be lower human
 exposure to high-risk chemicals, and
 higher-quality surface water, ground
water, soil, and air. The magnitude of
 these benefits is expected to be
 significant although difficult to estimate
In advance of completing the RI/FS at
 these sites.
  Associated with the costs are
significant potential benefits and cost
offsets. The distributional costs to firms
of financing NPL remedies have
corresponding "benefits" in that funds
expended for a response generate
employment, directly or indirectly
(through purchased materials).

-------
            Fedeal Register /  VoL 52. No. 140 /  Wednesday, July 22. 1H87 / Rule, and Regulations
 IX. Regulatory Flexibility Act Analysis
   The Regulatory Flexibility Act of 1980
 requires EPA to review the impacts of
 this action on small entities, or certify
 thai the action will not have a
 c  "iificant impact on a substantial
    nber of small entities. By small
 entities, the Act refers Jo small
 I'usip.esses. small scvemmem
 lu.-isdictions. and nonprofit
 organizations.
   While modifications to the i\'PL are
 considered revisions to the NCR. they
 •*.e not typical regulatory changes since
 »ne revisions do not automatically
 impose costs. The placing of sites on  the
 \PL does not in itself require any action
 ot any private party, nor does it
 determine the liability of any party for
 the cost of cleanup at the site. Further.
 no identifiable groups are affected a* a
 whole. As a consequence, it is hard to
 predict  impacts on any group. A site's
 inclusion on the NPL could increase the
 likelihood that adverse impacts to
 responsible parties (in the form of
cleanup costs) will occur, but EPA
 cannot identify the potentially affected
 business at this time nor estimate the
 number of small businesses that might
 be affected
   The Agency does expect that certain
 industries and firms within industries
 that have caused a proportionately high
 percentage of waste site problems could
 be significantly affected by CERCLA
 actions. However. EPA does not expect
 the impacts from the listing of these 67
 sites and 32 Federal facility sites to have
 a significant economic impact on a
 substantial number of small businesses.
   In any case, economic impacts would
 only occur through enforcement and
 cost-recovery actions, which are taken
 at EPA's discretion on a site-by-site
 basis. EPA considers many factors when
 determining what enforcement actions
 to take, including not only the firm's
contribution to the problem, but also the
firm's ability to pay.
  The impacts (from cost recovery) oa
small government* and  nonprofit
organizations would be determined on a
smiliar case-by-case basis.
                                                                      27633
 List of Subjects in 40 CFR Part 300

  Air pollution control. Chemicals.
 Hazardous materials. Intergovernmental
 relations. Natural resources. Oil
 pollution. Reporting and recordkeepi
 requirements. Superfund. Waste
 treatment and disposal. Water pollution
 control. Water supply.
  40 CFR Part 300 is amended as
 follows:

 PART 300—(AMENDED!

  1. The authority citation for Part 300
 continues to read as follows:
  Authority: 42 U S-C. 9605(B|(B)/CERCLA
 105(8)(B)

  2. Appendix B of Part 300 is revised to
 read as set forth below.
  Dated July 16.1987.
 Jack W. MeCraw.
 Deputy Auistant Administrator. Off ice of
Solid Wmtu and Emergency Response.

-------
M*L   EPA
l«nk  lag  St  Mr. Nue
                            National  Prlotltlee  Llet  (hy lank)
                                         July  I9SI
                                                    City/County
Rti%pon..»
                              Croup   I  (IBS Scoree  IS 40 •  SS  41)
,








10
n
u
u
14
IS
16
II
IS
19
10
21
72
?1
2*
IS
24
11
IS
19
10
11
11
11
14
IS
14
II
»
19
40
41
41
41
44
4S
44
47
41
49
SO
01
01
01
02
01
02
01
01
01
01
01
Ol
OS
01
02
01
OS
06
01
OS
OS
04
01
OS
0)
01
04
OS
OS
06
04
09
01
04
02
01
04
01
OS
04
02
02
OS
01
04
02
OS
10
OS
04
NJ
DC
PA
NJ
HA
NJ
NT
IA
OK
NJ
HA
NJ
Ml
HA
NJ
NN
MH
AN
KH
NT
SO
TX
KM
HI
PA
PA
TX
OH
NT
TX
AL
CA
NK
TX
NJ
CO
TX
MA
MM
PL
NJ
NJ
MM
NT
PL
NJ
HT
UA
HI
PL
Llperl Undflll
Tyboute Comer Undflll a
Iruln Ugoon
Helen Kroner Undflll
Induatrl-Plai
Price Landfill a
Pollution Ahaceaoac Service* e
Utouncy Sice
Any Creek Undflll
CPS/Hadleon Induetrlee
Nyenia Chaalcal Hut* Duap
CPJU Landfill
Berlin 4 Parre
laird 4 McOuIre
Lone Pine Undflll
Soaarmrch Sanitary Undflll
PNC Corp (Prldlay Plane)
Varcac. Inc
laefe tnvlronaonlel Service*
Sliver Bov Creek/Butco Araa
VMtevood Creek e
Pronch. Led
Sylveeter e
Liquid Dlepoeal. Inc
Tyeona Duoo
NcAdao Aaeecletee e
Hocco. Inc. e
Arcanun Iron 4 Hotel
Uec Helen* lite
Slkee Dlepoeel Pice
Trlena/Tannaiaea liver
ScrlngfellM a
NcKIn Co
Cryatet Chealcel Co
Bridgeport lental 4 Oil Service*
Send Creek Induitrlel
Geneve Induitrlaa/Fuhraaim Inergy
V. I Grace 4 Co (Acton Plant)
Nan Irlghtan/Arden Hill*
Schuylklll Motel* Corp
Vlnelend Chealeal Co . Inc
Surnt Ply log
lellly Tar (Sc. Louie Park Plane) a
Old Bochpoga Undflll
leovoe SK Galvanising Corp
Shleldelloy Corp.
Anaconda Co SaolCai
Vectem Proceeelng Co . Ine
Onega Hill* North Landfill
Aaorlcan Creoeoce (Penaaeola Pic)
Pltaan
Hen Caetle Court y
Iruln lorough
Hantua Tomehlp
tlohurn
Pleecencvllle
Ojwogo
Charlaa City
New Ceetle County
Old fridge Tomahlp
Aehland
Cloueeecar Tounahlp
Svaru Crack
Holhrook
Proohold Tomehlp
Soaartvarth
Prldley
Jeckaanvlll*
Ipplng
Sll low/Door Lodge
Uhltouood
Croeby
Naahu*
Otic*
Upper Merlon Tvp
HcAdoo lorough
U Narqu*
Darka County
Uet Helena
Croeby
Uneicone/Horgen
Clen Avon Height*
Cray
Houston
Irldgeport
Coaaarco City
Houaten
Ac con
Men Brighton
Plane Clcy
Vlnelend
Marlboro Tounahlp
Sc. Louie Park
Oyecer lay
Taapa
Nevflald lorough
flnernnrte
Kent
Camantom
PeneacoU

v


V


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V



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V

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V

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V
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1
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0
Appendix B ocnfd.
Netlonel Prlorlclee Llet (by lank)
July 1911
NPL SPA
lank leg Sc Site Neao
Croup 1 (MRS Scoree SI 10 - SS fl. eicept
SI 01 NJ Celevell Trucking Co
SI 02 NT Cl Noreau
SI 04 PL Peek Oil Co /ley Drua Co
S4 01 OH United Scrap Uad Co . Inc.
SS 04 OX Tar Creek (Octeva County)
S4 07 M Cherokee County
SI OS IN Seyaour lacycllng Corp a
SI 02 NJ grlck Tomehlp Undflll
S9 OS Ml Northeroalre Placing
40 10 HA Premier Herd Chroae. lac.
41 OS HI Janeavllle Old Undflll
61 04 SC Independent Nell Co
41 04 SC Kalaaa Specialty Chealoele
44 OS VI Janeavllla Aeh lade
4S 04 PL Devlo Undflll
44 OS ON Hlaal County Inclnereur
41 04 PL Gold Coaat Oil Corp
41 OS IN International Hlnerale (I Plane)
49 OS HI Wheeler Pic
10 09 AZ Tucaoa Intl Airport Aree
II 09 CA Operetlng Induetrlee. lac Indfll
12 01 NT Vide loach Davolopaant
71 09 CA Iran Mountain Mine
74 01 NJ Scientific Chealeal Proceeding
IS OS CO Cellfornle Gulch
14 01 NJ 0* leper lo Property
II OS NN Oakdela Duap
IS OS Ml Cratlac County Undflll a
19 01 II Plclllo Para a
SO 01 HA New Bedford Sice a
SI 04 U Old Inger Oil leflnery •
12 OS OH Chan-Dyne •
11 04 SC SCUII Huff load a
•4 01 CT Uural Perk. Inc a
SS OS CO Rarehell Landfill e
14 OS IL Outboard Marina Corp •
(1 04 NN South Valley *
II 01 VT Pin* Street Canal •
19 01 UV Veet Vlrglnle Ordnance •
90 07 HO glllovlllo Site e
91 OS NO Araanlc Trlailda Slta a
91 01 VA Natchai.* tloctropletlng a
91 07 14 Aldan Carp a
94 09 AZ Mountain View Habile Hoaoe •
9S 04 IN North Hollywood Duap a
94 04 n 4.L. Taylar (Valley of Dnau) a
97 09 en Ordoe Undflll a
91 04 HS Plouood Slta •
99 OS OT laee Perk Sludge Pit e
100 07 U Arkanaaa City Ouap *


City/County


leaponee
Category,


Cleonup
Statue.
for State top priority eltee)
Pelrfleld
South Clen Pelle'
Teepa
Trey
Octeve Councy
Cherokee Councy
Seyaour
Irlck Tomehlp
Cadillac

Janeevlll*
Beaufort
Beaufort
Jenoevllle
Oevle
Troy
Hlanl
Terre Heuta
U Prelrle Tomehlp
Tuceon
Honterey Perk
•rent
leading
Cerletedt
Uedvllle
Meal 1 ton Tomehlp
Oakdala
It Louie
Coventry
Nev Bedford
Derrow
Null ton
Coluahla
Neugatuck Borough
Boulder County
Heukegen
Albuquerque
Burlington
Point Pleeaant
Clllavllle
Soulheeatarn NO
loenoka Councy
Council lluffa
Globe
Heaphle
Irook*
Cuaa
Plonood
Sale Lake City
Arkanaa* City
I S
V PS
1
1
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I

90
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-------
                                          A|4«i«Jix B cunt '
11 0.
Rank

101
102
101
101.
lot
106
10;
101
109
110
III
112
II)
114
111
116
u;
in
119
120
121
122
12)
124
I2S
121
12;
121
129
110
111
112
111
114
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116
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111
119
140
141
142
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144
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146
Ul
141
149
ISO
brn
Rag Si Site Name
Croup 1 (KBb Scorae
OS IL Paraone Cesket Hardware Co
Ot IL A f. F Hetarlal Reclelalng. Inc
01 PA Oouglesavllla Dlepoeal
02 NJ Kryeowaty Para
Ot HN Koppere Coke
01 HA Plyamith Harbor/Cannon Cngnrng
10 10 Bunker Hill Hlnlng 6 Net el [urg
02 NY Hudaon liver Kla
02 NJ Universal Oil Producta(Ctiem Dlw)
09 CA Aerojet Central Corp
10 WA Coa Bay. South Tecooe Channel
0) PA Oabome Undflll
01 UT Portland Cement (Kiln Dual 241)
01 CT Old Southlngton Undflll
02 NY Syoeeet Landfill
09 AZ Nineteenth Avenue Undrill
10 OR Teledyne Uah Chang
10 WA Midway Landfill
02 NY Sinclair Refinery
04 AL Howbray Engineering Co
OS Ml Splegelberg Landfill
04 PL Miami Dru» Sanlcaa
02 NJ Reich Parma
10 10 Union Pacific Railroad Co
02 NJ South Irunavlck Undflll
04 AL Clba-Calgy Corp (Nclnroah Plant)
04 PL Keessuf-Kleerllng Battery
OS IL Uauconda Sand 4 Gravel
06 TI Bailey Uaata Dispose!
01 NM Ottatl 4 Coee/Klngaten Steel Onai
OS HI Ott/Story/Cordova
OS HI Tharmo-Chaaj. Inc
01 VA Greenwood Chemical Co
02 HJ NL Induatrlaa
OS HN St Regie Papar Co
07 NJ Rlngwood Nlnoa/Undfll!
04 PL Uhltehouae Oil Pica
O4 CA Itarculae 009 Undflll
Oi NY Jonea Sanitation
OS HI Velelcol Chemical (Michigan)
01 OH Suaalt National
07 NY Low Canal
01 DI Coksr-s Sanitation Service Lfe
OS HI Rockwell International (Allagan)
Ot HN Pine land Sanitary Undflll
07 U Uwranco Todu Para
OS IN Flsher-Celo
04 PL Pioneer land Co
OS HI Springfield Township Duap
01 P* Hranlca Landfill
Response t Irani p
Clly/Louiuy tetegory, it.uui
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lelvldera u
Vraenup r Q
Dauglaaavllle R
Nlllaborough R 0
SI Paul v g
Plymouth VIS 0
Smaltarvllla F S
Mudaon liver 1 i
Eaac lutherford V s
Rancho Cordova F |
Tacoma V R p s 0
Crow City v s
Salt Uka City v s
South Ingtom S
Oyster lay V F
Phoenix, s
Albany v
Kent s 0
Uallevllla
Greenville o
Green Oak Township o
Miami f A
Pleesent Plalna
Pecatelle o
South Irunsvlck V P o
Nclntoab D 1
Tampa V s 1
Uauconda
Bridge City
Kingston V F S O
Oelton Township VPS 0
Huakegon o
Hewtown |
Psdrlcktown . v F
Caaa Uka s 1
Rlngwood Borough V F
Uhlteboueo I O
Inmawlck D
Hyde Perk O
ll Louie V S 1
Deerfleld Towmehlp 1 o
Nlegara Felle I P 1 o
Kant County D
Allegan D
Dakota County S
Camancha D
UPorte F
Harrington I S
Devleburg I
Buffale Township VPS O

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NC
FL
HI
Ul
NY
PA
CO
NJ
FL
Rl
SC
NJ
NJ
OH
OK
Ml
HH
NY
NJ
IN
OH
NJ
HI
NJ
PA
NJ
NY
KM
Rl
PA
FL
NJ
PA
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NJ
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CA
LA
IL
HI
NY
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July IVI/
Site Naue
Cioup 4 diR» bcuret
Martin Merlette. Soilyeco. Inr
Zelluood Ground Ualer Contain
Packaging Corp ol AMI Ira
Huekego Senltery landfill
Hooker (S Area)
Llndane Duap
Central City Clear Creek
Ventron/Velslcol
Taylor load Undflll
Ueetern Sand 6 Gravel
Koppere Co . Inc (Florence Plain)
Haywood Chanlcel Co
Naacellte Corp
Industrial Eaceee Undrill
Hardaga/Crlner
Roee Township Dusp
Uaale Disposal Engineering
Liberty Industrial Finishing
Kln-luc Undflll
Ueeta. Inc . Undflll
•overs Undflll
Ctbe-Colgy Corp
lutcerverth o2 Undrill
American Cyanaald Co
He lava Undflll
Ewan Property
Batavla Undflll
Bolea Ceecada/Onan/Medlronlce
L6M. Inc
Sutler Mine Tunnel
NW Sllh Street Undflll
Delilah load
Mill Creak Due?
Clan Ridge Radlua Site
Honcclelr/Veet Orange Radium Site
Slaty-Second Street Due?
C6H Undflll
Celenaee(Shelby Fiber Operations)
Hotel toc/Aerosysteaj
Schmali Due?.
Motor Uhael. Inc
Ung Property
Stewco. Inc
Sherkey Undflll
Selaa Treating Co
Clave Reber
Velalcol Chemical (Illinois)
Tar Laka
Jobnatown City Undflll
NC State U (Lor 16. Fan Unit el)






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Ztllwood
Iller City
.luskrgo
Niagara Fall.
Harrison TuwmMu
Ideho Spilngt
Wood Ridge Boiout.li
•urrlllvllle
Florence
Haywooil/Ro<.hello Pk
Hlllvllle
Unlontown
Crlner
Roee Township
Andover
FernlngJale
Edison Township
Michigan City
Clrclevllle
Tow River
Grand Replds
Bound Brook
North Uhlcohell Twp
Shaanng Township
•atavla
Frldley
North Seillhrisld
Plltecon
Hleleeh
Egg Harbur Townthiu
Erie
Clen Ridge
Hontclalr/U Orange
Tampe
Ullca
ihelby
Franklin Borough
Harrleon
Unelng
Peeberton Township
Uaskoaj
Paretppeny/Troy His
Set oa
Sorrento
Marshall
Mancalena Township
Town of Johnstown






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                                         July 1411
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107
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111
111
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21*
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211
114
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111
111
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HuntentoMi Reed
Voodlaun County Undllll
Coebo Pill Horrh Undllll
Re-Solve. Inc.
Gaeie Para
ViliUol Chen (Hirdenen County)
York Oil Co
Sepp lottery Salvage
Venchea. Int
CheBlaal Lan*an Tank Lima. Ine
Heater Blepoiol Service Undllll
Doepka Dlipooel (Hellldey)
Florence Und lecontaurlni Lndfll
Devli liquid Voice
Otirlii-Ceorii Reclenetlon Lndlll
Ring of Prviila
China* Crook
Hoeeo Chonlcel
title RIM
• I Creee 4 Co (VeyM Pleat)
Ohenleel Control
Uonird Chonlcel Co . IM
Allied Owaleel 4 Iranian Cake
Verona Veil Field
Loo Chonlcel
Beano* Height* Landfill
Stauffar Chon (Cold Creek Flint)
Burlington northern (Inloord)
Torch lake
Control Undftll
nelvera TCI
Fecit Bnterprliil. IM
Oolamre Send 4 Crevol Uodf III
M HMMfoeturlng
C 4 R Battery Co . Ine
Hurrey-Ohla Du*p
Cnvlrocha* Corp.
HIDCO t
Omot Corp
lout* Point Plont
Uhlcnoyor Uboretorlei
Colenea-tveni Voed Proiervtfig Co
Deyco Corp /I • Cerpontor Co
thrlver'e Comer
Oomoy Rood landfill
Horthald* teal ten Undllll. IM
nartde Stool Car*.
Arepjhoi County V
Hov Brighton
Streban Tounohlp V
Woodlewn
Mount ollvo.Twp
Dercaouth
Plunetoed Tewnahlp V
Team
Holre
Cottondele
Burton V
Bridgeport V
•rocCfleld
Johneon County
Florence Tounahlp
Bnlthflald
Tyn|lborough
•lailou Taevtfhlp V
tort County
Solon v
Hlncurn/Redcllit
Vayne Tounahlp
Illtabeth
tack Hill
Iron tan
Battle Crook
liberty
Beacon Fill! I
Bucka V
Brelnerd/Baiter V
Houghton County
JohMton V
Helve rn
flair* *
Hou Ceitlo County
Valley Tounihlp 1
Chaicerflald County 1
levraaeeburg t
llovevlllo «. 1
dry
ReiaUbel V
South Palm
Jeckeon Tounehlp 1
Miltobouaa 1
Vherton Borough •
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Opper Hacvnglo Tup 1
tlonevtlle
Indlantovn V


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••veon Irotheri/Old Rolchhold
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Bromi Uood Prenrvlni
Fort Veehlnitoa Undllll
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Tronic Platlna, Co . Ine
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Solvonta Recovery Sirvlco
Voodbury Chemical Co
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Recoeonco Fond
Olitlor Brickyard
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Cooit Hood Priiirvlnt
South toy Alboitoi Arn
Hireury Rif Intng. Ine
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Jolly* Henuleccurliuj 4 Supply Co
fork County Solid Uiili/Rofun U
Spleklor Landfill
Denver Redlun SI to
lout* »4* Bra tun
Tomr Choalcil Co
C » 0 iMyctlnt
Irntoi foclllty
HllltoMi Rooorvolr SodUonto
Arrouhood RoflMry Co
Hortto-Hirlitto Aluslnu* Co
Omon Orooluoi (Onion Corbldi)
FIJok r«roj
lyncon feoilno
Ooh Orowo Sinltory Undllll
Utjul« Cold Oil Cora
Purity Oil Solot, Ine
Tlnkhoa Cn»t»
Alpha Ckoalcol Corp
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HOM
Coluwlo
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Coollrujo
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Coluocuo
Choitir Townihlp
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fouthln|ton
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Port Uudirdilo
Olion
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Brooklyn Conur
Mopowoll Tevnihlp
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Donvor
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Cloraent
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National  Prlorltlaa Llat (by lank)
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July I'll!

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Croup 1 (HIS Seoma
Monitor Ravlcea/lnterclrculta Inc
Upjohn Facility
NcColl
nookei Chanlcal/luca Polynar Corn
Colbart Undflll
Patro-Procaaaoia
Appllad tnvlromunlal Sarvlcee
Rarcalonata Undllll
Tlbbata Road
Sand. Craval 4 Stono
•avara faitlla Prlnta Corp.
Spartan Chaalcal Co
loabllng Staal Co
last Mount Zlon
Aanlcola Ounp
Vlnaland llata School
Crovalaad balla -
Caaaral Hotdra (Cant Foundry Dlv)
Hottolo tig Para
SOD! DUIana
Rota-FlMch Co . lite
OUated <«unty Sanitary Undflll
Quality Plating
Pulbrlght Undflll
Preeaua fala
VlltfaM Property
Ranata. lot.
Danaar i tcnafer J(-««y Co
Barculaa. In* (Clbnaum Plant)
Rlntn AVanua Dunp
Coldan Ittlp laptlc tank lar.Ua
totcdaht 6ruaa
taiarkana Head Piaaarvlng Co
6utla« Pit
Ktroleua fraducta Corp
fetereon/rurltan. IM.
Tina* Ranch Slta
Uaah ling Uundry
Uhlcukar Carp
Algana Municipal Landfill
ftl Induatrlaa/taracarp/Coldan
Boallnghouaa (Sumyvala Plant)
kellogg-taerlng Wall Pi. Id
Cannon engineering Corp (CK>
fe Rroun Co . Inc
Repera Cnanlcal Co . Inc
Rlagara County gafuaa
Shamed Hadlcal Induatrlaa
01 la Carp. (Nclncoah Plant)




Response Cluainip
'1 11 • IV Ml
Wall Towiuhlp ' g
l4icalonrta V r 0
rullarlon g f , |
Uppar rlnrlon Twp V p
Hlckivlll. D
COItMTC V R Q
Scotlandvllle V r
Clanwood Undliig 5 O
Florida Aluar* p
larrlngton R o
C Ik ton V R r o
Stalling D
Uyoalng v t
Floranca g
Sprln|ati»bury Twp g
Chattanooga g
Vlnaland V s 1
Crovaljnd V g 5
Naaiana V p o
layaond ' R P 1 0
J^T" IPS 0
Kalaaaroo 0 0
Oranoco Q
Slkaiton D
Iprlngflald D
trla g
Svalnlon (
Idleoo Tounahlp V p a
larvm. * ,
Clbbatown D

Cary g
Slapaonwllla D
Iruah Prairie I g
Taiarkana g 0
Idnondion r
Paobroka Park VPS o
Llncoln/Cuabarland D
tlaaa laach g Q
Plaaiant Plalna Twp g
Hliinaapolla |
Algoaa D
SI Lou It Park s |
Sunnyvale n
Norvalk g
Irldg avatar g |
Grand liplua p
Naybroak y
t/haatflald g
Da land g
Halntoih 6









1
0
i
R-*
S
^"^
n
Q.
B)
<<
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•<"
p
!
50
I
i

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-------
                                                              Appendix Boont'd.
                                                                                                                                                                               B oont'd.
EPA
Rag  st  si» i
                      National Prlorltlai Lite (by Rank)
                                   July IMI
                                              City/County
Raapanaa   Claanup
Catagory.  Scatua.
NPL   tPA
lank  Rag  St  lit*
                                                         National Prlotlllai  Lilt  (by Rank)

                                                                      July  19BI
                                                                                                                                                    Cicy/Councy
Rrfponsa   Cleanup

Category.  Slac«.»
                        Croup  9 (MRS Scora. }« 44 .  17 I?)
                                                                                                                              Croup  10 IMS Scora. )7 69 - )) «>)
401
401
401
404
40)
404
407
40S
409
410
411
411
41)
414
4IJ
414
417
4lt
419
410
411
411
411
414
411
414
411
411
419
4)0
411
411
4)1
4)4
4)J
4)4
4)7
4)1
4)9
440
441
441
441
444
44}
441
447
441
449
4M
01
01
01
01
04
04
0)
04
Ot
04
01
0)
10
Oi
04
01
Ot
01
01
04
01
Ot
0)
0)
01
0)
OJ
0)
0}
Ot
Ot
01
Ot
Ot
10
Ot
Ot
01
Of
01
01
01
01
04
01
0?
09
01
01
Ot
HI
m
NY
NJ
icy
At
OH
PL
OB
TC
•1
PA
WA
III
n
HA
Ml
PA
NH
1C
IL
•1
PA
Ot
HT
Ot
M
IL
MI
Ml
m
NJ
IL
•1
UA
NN
Ml
NJ
W
NJ
NT
NT
M
NC
HO
U
CA
n
BJ
n
Southmil Ottava County Landfill
Kentucky Avanua Uall Field
Paalay Solvent* 4 Cbulcala. Inc
Aabeatoi Ounp
Lea-a tana Landfill
frit Induatrlai
rulti Landfill
Trl-Clty Oil Conaarvatloolat. Inc
Coahocton Landfill
Arlington Blending * Packaging
Davli (CSB) Uadflll
Lord-Shopo Landfill
INC Corp (TakUa tit)
Northarn Ingravlng Co
South Cavilcad* Itraac
PSC Raaourcaa
Foreet Waata Product a
Oraka Chaolcal
Kaareerge Metallurgical Carp.
Peloatto Hood Praaarvlni
Pataraan Sand 4 Or*«*l
Clara Watar Supply
Havertovn PCP
New Caatla Spill
Idaho Pola Co
NCB Corp (Nllliboro flam)
Laka Sandy Jo (MM Landfill)
Johna-Hanvllle Corp.
Choa Cantral
Novoco Induacrlal
Wlndon Dunp
Jaekaon ToMiahlp Landfill
NL Induatrlii/Taracorp Lead Snail
UL Avenue Landfill
Kaleer Aliaalnun Maad Worka
Porhaa) Araanlc Slta
Charlevola Municipal Wall
Hentgunoii Tovnahlp Moualng Oavol
locky Hill Municipal Wall
Clraianluan Ground Uatar Contanlo
traveler Uall Plaid
Vaatal Hour Supply Hall l-l
tally Crouod Uatar Contamination
lypaaa 401 Ground Ualar ContaaUn
Solid Stato Circuit!. Inc
Hamrly Ground Uatar Coataoila
Advanced Micro Device! . Inc.
Nutting Track 4 Caatar Co.
0 S Radium Corp.
Hlghlanda Acid fit
Park Totmahlp
Horaahoada
Hempeteed
NIlllngtOD
Loulavllla
Ualnut lidg*
Jaekaon Tonuhlp
Tempo
Pranklln Tomuhlp
Arlington
Clocaatar
Olrard Tomahlp
Taklma
Sparta
Rouitoo
PaUar
Otla*lll*
Lock Havao
Cotvay
Dlalana
Ubartyvlll*
Clara
Havarford
Nav Caatla County
toiaaan
Nil liter*
Gary
Haukagan
Wyoming Tomuhlp
Tonparanco
Wlndoai
Jackaoa Towiahlp
Cranlta City
Oahtaov Tounahlp
Maad
Parhu
Charlovoli
Nontgaawry Tomuhlp
•ocky Hill larouch
Clonanlnaoo Tomahlp
Putnaaj County
Vaital
tally torough
Concord
ta public
Waoorly
Surmyoala
Parlbault
Oranga
NlKblaada
V S
t
0
v r
v r
V P
B
1 F S
r
t r
t
V 1
r
V P
v r
s
p
r
s
f

T
v r
0
0
0
1
r
s
t
0
D
V PS
p
V







• r

r t

0
s
r











0



0

o

0


0








0



0
1




1

1
0



1
4)1
4)1
41)
414
45)
4)4
4)7
411
419
440
441
441
441
444
44t
444
44>
411
449
470
471
471
471
474
47}
47*
471
471
479
410
411
411
44)
444
41)
414
417
414
419
4«0
4(1
491
491
494
49>
49«
4»7
49S
499
MO
01
Ot
04
0)
04
01
0}
0}
0)
01
Ot
04
01
OS
01
Ot
04
01
01
01
Ot
01
01
07
04
01
01
04
01
01
01
01
04
01
Ot
01
04
01
01
0)
Ot
0)
Ot
01
OS
09
01
01
01
04
PA
HT
n
PA
PL
NB
N*
IN
PA
NT
Ml
n
NT
WT
NT
HI
n
BJ
NH
NT
Wl
NJ
NJ
MO
n
CT
uv
n.
NJ
PA
PA
PA
OK
MJ
IN
NT
LA
PA
•M
UV
NN
OH
ON
U
Wl
CA
M
PA
BJ
GA
toaln Dlapoaal
Ubby Ground Uatar Contamination
Mauport Dunp
Hoyori Landfill
Parranora Surplua
Savago Municipal Uatar Supply
LaCraod Sanitary Landfill
Poor fmtm
Irovn'a tattary traaklng
SMS Inatrunania. Inc
Hadblua, Induatrlal
Unltad Crooaotlng Co
tyron Ba/ral 4> Drun
lutar/Unlon Pacific Tla Treating
Anchor Chaatlcala
Uaat* Hanaganant-Hlch (Holland)
North Cavalcada Straat
Sayravlllo Landfill
Dovar Municipal Landfill
Ludlou Sand 4 Craval
City Dlipoaal Corp Landfill
Tabarnacla Oruai Ounp
Coopar toad
Nlnkar/Slout/Ionalna Craak
Bow Vallay Landfill
Taworakl Uaata Lagoon
Laotoun Panic Ida
Catet/Koppari
Ivor Phllllpa Laaalng
Ullllan Dick Lagoona
Uada (ABB)
Lackavanna tafuaa
Coapail Induatrlaa (Avary Orlva)
HannhaU Avanua Duap
Naal'a Dunp (Spancar)
Pulton Tarajnala
Dutchtom Traauant Plant
Waitlngbouao Ilavatar Co. Plant
Auburn 'load Landfill
riko Cbanlcal. Inc
Canaral Nllli/Hankarcorp
Uakln/Poplar Oil Co
Old Hill
Jobna' Sludga Pond
Stoughtan City Landfill
Dal NOICI Natlcldo Storaga
D* taval Cbanlcal Co
Nlddlatotm Air Plaid
Svopa Oil 4 ChMlcil Co
MooMnto Corp. (Auguata Plint)
Jaffaraon Borough
Llbby ' >
Nanporl
taglavllla
Hount Plaaaant
Mil ford
LaCrand Towiuhlp
Hancock County
Shoaoakaravllla
Oaar Park
Oacoda
Conroo
Byron
Laranla
Hlckavllla
Holland
Houalon
Sayravllla
Dovar
Clayvllla
Dunn
Tabarnacla Tovnshlp
Voorhaaa Townihlp
laparlal
Howa Vallay
Cantarbury
Laatoun
Calnaavllla
Old Irldgt Townihlp
Uaat Cain Tovnahlp
Chatcar
Old Forga Borough
Tulaa
Galloway Townahlp
Spancar
Pulton
Aacanalon Parlih
Cattyaburg
Londondarry
Hlcro
Hlnnaapolla
Jaffaraon Tomuhlp
Rock Craak
Ulchlta
Sloughlon
Craacant City
Klngvood Townahlp
Hlddlatoun
Pannaiukao
Auguata
D
P
R
t
0 •
P
S
R
1
D

t
t
V S
D
0
R
D
R
V S
F S
V R P
V S
R
D
R S
V R
R F S
R
D
R F S
R
R
V F
r s
V 1
D
V R F
F S
F
S
V R F
R
v r
D
t
P
D
V R F
V S
o



0


o
o


0
o
o







o
o
0


0
o


0
o

1
0
o

0

o

0 '
0
1



0
0
0
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                                                                                                                               2.
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                                                                                                                                                                                                 •m
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                                                                                                                                                                                                  §

-------
                                                                Appendix a oonfd.
                                                                                                                                                                 B ooal'd.
m.   tr«
B.nk  l.(   It  Sit. Mu.
                          Nttioiul ttlnttlH Lift (by Kuik)
                                       July IW
                                                Clty/Cnunty
                                                                                                                        Nttloiul filoiltl.t Lilt (by
                                                                                                                                     July lfl>
                                                                   H..pans.
                                                                   C.t.gery.
                                                                                              Hflr   lPfc
                                                                                              Rank  *.|  It  SIM I
                                                                                                                                               City/Count jr
                            Croup II (MBS SCOKI IJ M •  U 44)
Ml
Ml
M)
10*
Ml
Mt

Ml
Mt
110
111
111
II)
114
111
lit
11»
111

in
in
»?»
Mi

«»
i|»
in
in
»M
111
II*

»H
111
*M
M*
MO
Ml
Mt
Ml
M»
Ml
M«
Ml
Mt
Mt
IM
     01  m  South Municipal Uat*r Supply Will
     01  HE  Hlnthrop Undflll
     01  W  Ordnoncl *»rU 6tlpo.ll AroM
     06  Ml  Melt Unitay
     01  OH  tW*«IIU Uall flald  .
     oi  n  fuffaA vnitp toil n*i«
     01  VT  ladlcbtt Vllligo Mil UiU
     0)  r*  *l«Mln ri.tlnf
     0*  fl.  Bartla Car*  (Pain lay Plant)
     01  m  RMMf ttnlttfy UrtHlll
     01  OH  SaMtary UMftll C6  fife)
     M  •!  Mi Clalrf MJnlclpal Hall flald
     0?  M>  *all«y Pack TCI
     0*  C»  Ian nrtmofe (allay (araa 4)
     Ot CA  »>«*llthlt Mo-tltt
     •* C*  Mtlohtl Mttonductoi Corf
     0* M  rcMftvlllo Sit*
        ni  elm* TtMlrM MAtall Supply Co.
        Ill  Hlntat* Uttltll
        HI  MltahfU MAUlpal V.ll*
         •I  StanMra miorlnt of  D.U».r«,Inc
        UN  l«nta Anoabai III*
         •J  Ma*oM alkali to
         »»  Mt«t Plk*M. Ifte
                     UMIIll
                                                 Illnthnp
                                                 riaiuntem
                                         Slfia
                                                 Wtjin el tul(*n
                                                 VllUj* *i tadleott
                                                          P S
                                                       t   rt
                                                          r

                                                       v     i
                                                         i
                                                         i
                                                         t
                                                  IMI4II
                                                  Wytdn
                                                  I*, tl.lr.
                                                  «atl«y P.rk
                                                  los wlkal*a
       01
       01
       01
       01
       •1
       »»

       •»
       01
       «*
01
•I
Ot
00
01
o*
01
Ot
01
n
01
n
at
o»
                                                  ETfe
                                                  tr.UUWltU
                                                                i r
                                                                  r
          n  010 tprthftlkU UKafllt
          W  PfrilAaC VlPVfw
          n  t.i  tiu«iit>
          u
          •2Y  Rioter
          SSI  M* IkatpioWM iJWttll
             Ip.l U.U
T.UBTn* ItolcMucCtt
riboti PuBllc IHpply UalU
MtlM (tl«U> *W
T«l*tlM. Inc
Rll-SUtl tl.poial. Inc  Unotlll
(Mllun Cr.aaota (Jackioa  riintl
MooVIMH *M4 Ifodotli
l»aH»l (MIootttaa
|y>«MI«4 rUttna Cora
•M-(col*|f Itltla,. fat
MMlMlia Ul et Ttanipori t (.cycling
I II Ichllllna, Landllli
Cl(ll/t>o4> 6>H>
Cl«tk(«i Alt>e»l
AtbUr aabaitol Plla>
Qutoh  City  Pana
Cafele (clap Matat. Inc
L i Cllrka A Ion
Sttat  »ltc**iln| Co . (nc
SoalkotA lUfyland Hood Trtitln*
HoMltak* Hlnlni Co
fa^bafi InltnMnd (Parc.nl I la I
00*411 Oil  M64ucU Co
IU*o« I
                                                                                               MAptln. P.r.

                                                                                               >ta*(iU Mill). Inc
                                                                                                         «n>illl.
                                                                                                         (tndlanapolla PUnt
                                                                                                           Yl>< L*nJ>
 nt*r* PiroMity
 pi>««.»r  '
 •rtUniMt TtaiufoiWr
 CaHllla PlatlRf C*
 flMiMak lUrior t Ilrnr
 Oltldat* Otkunt W.t.t Contanln
 lottafcAot n>
Spot»yl«.nla County
n.dlord
Hollywood
Hllan
Port.rvlll*
C.ntona.nt
P*r* N.rqu.tt. TVp
•o*. C«nt.r
Pluaulaad Tomihlp
riy.ltavlll.
IKctb SalthlUld
Hhlt.la>
Indl.napall.
U.ihburn
                                                                                                                                                                       I
                                                                                                                                                                       i r
                                                                                                                                                              v  i r s
                                                                                                                                                              v
                                                                                                                                                                       B r
                                                                                                                                                               i
                                                                                                                                                              v   p
                                                                                                                                                               i P
                                                                                                                                                               i
                                                                                                                                                                       p
                                                                                                                                                                     •
                                                                                                                                                                   V   P
PluMla.d TovnaMp
S.«.n Vallay*
Uwar blndaor 1wp
»rro«
Itfonaon
Kl
-------
                                                                 Appendix B oont'd.
                                                                                                                                                                        Arr«rrlii B oont'd.
NFL   IPA
           St  Sit* Mane
                            Rational Prioritise Llet (by Bank)

                                         July I9IF
                                                    City/County
Baeponse   Cleanup

Category  Scetua-
HFL   CPA
Bank  Beg  St  Sit* Nina
                                                         national Priorities List (by Bank)

                                                                      July 1917
                                                                                                                                                           City/County
Response   Cleanup

(.•(.agory.  Status.
                              Croup 11 (HU Scam 11 61 • » 02)
                                                                                                                                     Croup I* (HIS Scor.. 11 00   10 16)
401
Ml
Ml
40*
«0»
•0*
M7
Ml
M9
6io
611
611
611
6U
61)
616
61?
6lf
61*
610
621
611
6»
61*
61)
616
HI
611
61*
610
611
611
611
6M
ill
616
4»
6)1
6)«
64O
6*1
6*2
6*1
6*4
6*1
6*6
647
6*1
6*1
6M
0)
01
01
01
01
01
01
01
o»
01
06
01
01
01
02
0*
01
01
0*
01
02
01
01
01
04
01
01
01
01
01
04
01
0)
OS
10
0*
04
Of.
06
04
01
01
10
01
01
01
01
04
07
01
Ml
Ml
n
HJ
HJ
n
n
n
HI
101
M
U
U
•J
n
n
HI
n
n
n
n
Ha
OH
NT
n
HI
n
n
HI
MA
n
n
u
IH
U*
ft
AL
Ml
n
1C
HI
HI
«
n
HH
HI
HI
sc
u
n
South Nacoob Disposal (U t 4 M>
U S Avlem,
Halih Landfill
Landfill 4 Dovelopsient Co
Upper Dssrflsld Tovuhlp San Lndf
Hartal Landfill
Hnlland Couples
Malta lockot Fuel Are*
Ion City Mobil. How Perk
Adrian Municipal Hall Hold
At A sr (ClovU)
Itrotbar Plaid Industrial fart
Obo* load
mod Industries
Aoorlcan Thermostat Co.
Lsvlsburg Duop
RcCrav Idlaoa Corp
Ooldlae locardlngi. Inc
Alrca
Natal lanka
Sarnay fan
loao Dlapoiol fit
Van Dal* Junkyard
Itentaaa tola and Treating
• I Coodrlcb
Or|*nlc Chanlcals, Inc
Volnay Municipal Landfill
INC Corp (Dublin load Landfill)
Toaah Fairground*
Sullivan'* Udge
InltlTe ran
Juncoo Landfill
llf Blver Sand Co
Dennett Stona Quarry
Wyckaff Co /lasla Harbor
Nunloporc Undflll
Stauffar Chan (laHoyno riant)
H6T Dollia Landfill
Cryatal City Airport
Calgar (C 4 M Oil)
Na**-A*»rlc*n(RaiT-NcC** Oil Co )
Hut* loiMrch 4 Baclanatlon Co.
Could. Inc.
Cart*** Undflll
St Louie Blvor SI to
Auto Ion Chonlcala. Inc
H*g*n P*m
Carolovn. Inc.
Nldiwit Manufaccurlns/Nortb Fara
Sorka Sand fit
lUconb Township
Hoiiard Tounihlp
Honaybrook Tomublp
Mount Holly
Oppor Doaiflald Tvp
Fleueklll
Tom of ttyd* r*rk
Malta
Kant City
Adrian
Clovl*
Covloy County
Hutchlnaon
Cut Sruoaulck Tup
South Cairo
LmUburg
Albion
Holbrook
Celvort City
Phllodolpblo
Aoonla
L*n**boro
Harlatta
Dull*
Calvart City
Crandvllla
Tom of Volnay
Torn of Shelby
tonab
M** Bedford
•rook*
Juncaa
Ulchlu
BlooDlngtoa
Belnbrldg* laland
Harth Mloal
All*
Aabury Park
Cryatal City
Baatauloe
MIlMukM
lau Clalr*
Portland
VII of Marrowsburg
St. Loula CeuDty
BeloBaSOO
Stoughton
r.rt Lam
(allogg
lnn|iirmi Tamablp

V
I

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1





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-------
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-------
               Federal Register / Vol. 52.  No. 140 / Wednesday. July 22. 1987 / Proposed Rules	27643
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 300

(FRL-3187-5)

National Priorities List for
Uncontrolled Hazardous Waste Sites;
Federal Facility Sites

AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule.

SUMMARY: The Environmental Protection
Agency ("EPA"] is reproposmg seven
Federal facility sites that were
previously proposed for the National
Priorities List ("NPL") and proposing to
expand the boundanes  of an eighth
Federal facility site. The NPL is
Appendix B to the National Oil and
Hazardous Substances  Contingency
Plan ("NCP"), which EPA promulgated
pursuant to section 105  of the*
Comprehensive Environmental
Response. Compensation, and Liability
Act of 1880 ("CERCLA") as amended by
the Superfund Amendments and
Reauthonzation Act of 1988 ("SARA").
and Executive Order 12580.
  These sites are being reproposed to be
consistent with EPA's recently proposed
policy for placing on the NPL sites
located on Federally-owned facilities
that may be subject to Subtitle C
corrective action authorities of the
Resource Conservation and Recovery
Act ("RCRA") (see 52 FR 17991. May 13.
1987). This notice solicits comments on
the Hazard Ranking System score for
seven previously proposed Federal
facility sites which include areas  that
are subject to RCRA corrective action
authorities. In addition. EPA solicits
comments on the expansion of one
Federal facility site to include an  area
previously identified as a-RCRA land
disposal unit. This site is one of 32
Federal facility sites being promulgated
elsewhere in today's Federal Register.
DATE: Comments may be submitted on
or before August 21.1987.
ADDRESSES: Comments may be mailed
to Stephen A. Lingle. Director.
Hazardous Site Evaluation Division.
Office of Emergency and Remedial
Response (WH-648A).  U.S.
Environmental Protection Agency. 401 M
Street SW., Washington. DC 20480.
Addresses for the Headquarters and
Regional dockets are provided below.
For further details on what these
dockets contain, see Section III of the
SUPPLEMENTAL INFORMATION portion of
this preamble.
Tina Maragousis. Headquarters.  U.S.
  EPA CERCLA Docket Office.
  Waterside Mall Subbasement. 401 M
  Street, SW.. Washington. DC 20460.
  202/382-3046
Peg Nelson. Region 1. U.S. EPA Library.
  Room E121,  John F. Kennedy Federal
  Building. Boston. MA 02203.617/565-
  3300
Carole Petersen. Region 2. Site
  Investigation and Compliance  Branch.
  26 Federal Plaza. 7th Floor. Room 737.
  New York. NY 10278. 212/264-8677
Diane McCreary. Region 3. U.S. EPA
  Library. 5th  Floor. 841 Chestnut
  Building. 9th & Chestnut Streets,
  Philadelphia. PA 19107. 215/597-0580
Gayle Alston.  Region 4. U.S. EPA
  Library. Room G-6.345 Court land
  Street. ME., Atlanta. GA 30365. 404/
  347-4216
Lou Tilley. Region 5. U.S. EPA Library,
  16th Floor. 230 South Dearborn Street
  Chicago. IL 60804. 312/353-2022
Barry Nash. Region 6.1445 Ross  Avenue.
  Mail Code 6H-ES. Dallas. TX 75202-
  2733. 214/655-6740
Connie McKenzie, Region 7. VS. EPA
  Library. 728 Minnesota Avenue.
  Kansas City. KS 68101.913/236-2828
Dolores Eddy. Region 8. U.S. EPA
  Library. 99918th Street. Suite 500.
  Denver. CO 80202-2405. 303/293-1444
Linda Sunned. Region 9. U.S. EPA
  Library. 6th Floor. 215 Fremont Street,
  San Francisco. CA 94105.415/974-
  8082
David Bennett. Region 10. U.S. EPA. llth
  Floor. 1200 6th Avenue. Mail Stop 525.
  Seattle. WA 98101.208/442-2103
FOR FURTHER INFORMATION CONTACT:
Ann B. Sarno. Hazardous Site
Evaluation Division. Office of
Emergency and Remedial Response
(WH-548A). U.S. Environmental
Protection Agency. 401 M Street. SW.,
Washington. DC 20460, Phone (800) 424-
9348 (or 382-3000 in the Washington.
DC. metropolitan area).
SUPPLEMENTARY INFORMATION:
Tabl* of Contents
I. Introduction
II. NPL Update Process
01. Public Comment Period. Available
  Information
IV. Eligibility
V. Contents of This Proposed Rule
VI. Regulatory Impact Analysis
VII. Regulatory Flexibility Act Analysis

I. Introduction
  In 1980. Congress enacted the
Comprehensive Environmental
Response. Compensation, and Liability
Act 41 U.S.C. 9801. et sea... ("CERCLA"
or "the Act")  in response to the dangers
of uncontrolled hazardous waste sites;
CERCLA wss amended in 1986  with the
Superfund Amendments and
Reauthonzation Act (SARA). To
implement CERCLA. the U.S.
Environmental Protection Agency (EPA)
promulgated the revised National Oil
and Hazardous Substances Contingency
Plan. 40 CFR Part 300. on July 16.1982
(47 FR 31180). pursuant to section 105
CERCLA and Executive Order 12580 (.
FR 2923. January 29.1987). The National
Contingency Plan (NCP), further revised
by EPA on September 16.1985 (50 FR
37624) and November 20.1985 (50 FR
47912). sets forth the guidelines and
procedures needed to respond under
CERCLA to releases and threatened
releases of harardous substances.
pollutants, or contaminants.
  Section 105(B)(A) of CERCLA requires
that the NCP include criteria for
determining priorities among releases or
threatened releases for the purpose of
taking remedial or removal action.
Removal action involves cleanup or
other actions that are taken in response
to emergency conditions or on a short-
term or temporary basis (CERCLA
section 101(23)). Remedial actions tend
to be long-term in nature and involve
response actions that are consistent
with a permanent remedy (CERCLA
section 101(24)).
  Section 105(8)(B) of CERCLA requires
that the criteria be used to prepare a list
of national priorities among the known
releases throughout the United States.
These criteria are included in Appendix
A of the NCP. Uncontrolled Hazardous
Waste Site Ranking System: A User's
Manual (the "Hazard Ranking Syste
or "HRS" (47 FR 31219. July 16.1982).
The list which is Appendix B of the
NCP. is the National Priorities List
{"NPL"). Section 105(8)(B) also requires
that the NPL be revised at least
annually. EPA proposes to include on
the NPL sites at which there have been
releases or threatened releases of
hazardous substances, or of "pollutants
or contaminants." The discussion below
!r.ay refer to "releases or threatened
releases" simply as "releases."
"facilities." or "sites."
   Under S 300.68(a) of the NCP. a site
must be on the NPL if a remedial action
Is to be financed by the Hazardous
Substances Superfund established under
SARA. Federal facility sites are eligible
for the NPL pursuant to 9 300.66(e)(2) of
the NCP (50 FR 4793. November 20,
1985). However. CERCLA section lll(e).
as amended by SARA, limits the
expenditure of Fund monies at
Federally-owned facilities. Federal
facility sites are subject to the
requirements of section 120 of SARA.
   In this notice. EPA is reproposmg
 seven Federal facility sites originally
 proposed for the NPL on October 15.
 1984 (Update *2) or Apnl 10.1985

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27644
Federal Register  /  Vol. 52.  No. 140  / Wednesday. )uty 22.  1987 / Proposed Rules
(Update *3) (see 49 FR 40320 and 50 FR
11115). and requesting comment on the
i-\pdnsion of an eighth Federal facility
•.ile proposed for the NPl. on October 15.
10W (49 FR 40320) This site along with
;il oiher Federal and 67 non-Federal
stirs are promulgated elsewhere in
lodav s Federal Register. Since this rule
is reproposmg sites, the current number
o! sites proposed for or on. the NI'l.
docs not change as a result of this
,,:-.jon. Currently. 149 sites are proposed
for the NPL and 802 sites are on the final
\PL

II. NPL Update Process
   1'here are three mechanisms for
placing sites on the NPL. The principal
mechanism is the application of the
IJRS. The HRS serves as a screening
device to evaluate the relative potential
of uncontrolled hazardous substances to
cause human health or safety problems.
or ecological or environmental damage.
The HRS takes into account "pathways"
 lu human or environmental exposure in
 terns of numerical scores. Those sites
 iii.il score 28.50 or greater un the MRS.
 ri.-iJ which are otherwise eligible, are
 pn.posed for listing. The eight sites
 discussed in today's rule were proposed  •
 liusiud on HRS scores greater than 28.50.
   SARA, enacted on Octolier 17.1986.
 direct!) EPA to revise the MRS. The
 Agency will continue to es.e (he enisling
 HRS until the revised HRS becomes
 elective. Sites included on the NPL
 prior to the effective date of the revised
 I IRS iv.ll not be Devaluated
   'I he second mechanism alums States
 to designate a single sue. regardless of
 its snore, as the State lop priority  A
 S'.ite tup priority site will be listed on
 the \'PL even if it does not qualify due
 itb score. In rare instances. EPA may
 utt'txc § 300.66
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               Federal Register / Vol.  52. No. 140 / Wednesday. July 22. 1987  /  Proposed  Rules
                                                                     27645
IV. Eligibility
  CERCLA restricts EPA's authority to
respond to certain categories of releases
of hazardous substances, pollutants or
contaminants and expressly excludes
some substances, such as petroleum.
from its response authority. In addition.
as a matter of policy. EPA may choose
not to respond to certain types of
releases because other authorities can
be used to achieve cleanup. Where such
other authorities exist and the Federal
government can undertake or enforce
cleanup pursuant to a particular
established program, using the NPL to
determine the priority or need for
response under CERCLA may not be
appropriate. If. however, the Agency
later determines that sites not listed as a
matter of policy are not being properly
addressed, the Agency may consider
placing them on the NPL.
  The NPL eligibility policies of
particular relevance to this proposed
rule are discussed below. These policies.
as well as other NPL eligibility policies.
have been explained in greater detail in
earlier rulemakings (51 FR 21054. June
10.1986).
Releases From Resource  Conservation
and Recovery Act (RCRA) Sites
  When the initial NPL was
promulgated. EPA announced cert am
eligibility policies relating to sites that
might qualify for the NPL One such
policy was that units regulated under
RCRA—i.e.. land disposal units that
received hazardous waste after the
effective date of the RCRA land disposal
regulations (48 FR 40662. September 8,
1983]—would not be included on the
NPL On June 10.1986 (51  FR 21057).
EPA announced several components of
a revised policy for placing non-Federal
RCRA-relaled sites on the NPL This
policy was developed as a result of
authorities enacted in the Hazardous
and Solid  Waste Amendments of 1984.
which expanded RCRA's  authority to
enforce cleanup. The Agency stated
that in general, it would defer listing
non-Federal sites with releases that can
be addressed under the expanded RCRA
Subtitle C corrective action authorities.
However, the policy states that RCRA
sites which fall into one of the following
categories would remain eligible for the
NPL:
  (1) Facilities owned by  persons who
are bankrupt;
  (2) Facilities whose owners/operators
have lost inlenm status under RCRA
and there  are indications that the
owners/operators will be unwilling to
undertake corrective action:
  (3) Facilities whose owners/operators,
determined on a case-by-case basis.
have shown an unwillingness to
undertake corrective action.
  On June 10.1986 (51 FR 21059). EPA
announced that it would consider
whether this policy should be applied to
Federal facilities in the future.
Federal Facility Releases
  CERCLA section lll(e)(3) limits the
expenditures of Fund monies for
remedial actions at Federally-owned
facilities. However CERCLA. as
amended by SARA, requires that
Federal facilities be subject to. and
comply with, the Act in the same
manner as any non-governmental
facility. Section 120(a) of SARA
provides that:
  All guidelines, rule*, regolationa, and
cntena which are applicable to... incluuan
on the National Priorities Lul. . . shall abo
be applicable to facilities which are owned or
operated by a department, agency, or
instrumentality of the United States In the
same manner and to the extent as such
guideline*, nilea. regulation*, and criteria are
applicable to other facilities.
  Section 120 of SARA also contains
requirements for assessing releases at
Federal facilities, placing them on the
NPL and effecting remedial actions at
those sites that qualify for the NPL
  The Agency considered the effects of
applying the non-Federal RCRA policy
discussed above to Federal facility sites
and determined that a separate policy
should be adopted. The majority of
Federal facility sites that would be
considered for the NPL have RCRA
operating units within the Federal
facility property boundary. Therefore.
applying the current non-Federal RCRA
policy to Federal facilities would result
in placing very few Federal facility sites
on the NPL Given that Congress
anticipated that Federal facility sites
would be placed on the NPL EPA
interprets the provisions of section 120
to mfeari that the cntena to list Federal
facility sites should not be more
exclusionary than the criteria to list non-
Federal sites. In addition, the Agency
believes that placing Federal facility
sites on the NPL informs the public of
potential hazards and Federal
government cleanup efforts.
  On May 13.1987  (52 FR 17991). the
Agency proposed that Federal facility
sites that may be subject to the
corrective action authorities of Subtitle
C of RCRA be eligible for the NPL (see
the Federal Register for more details on
the development of this policy). The
Agency stated that placing these sites
on the NPL does not. however, restrict
the use of either RCRA corrective action
or enforcement authorities to achieve
cleanup at Federal facilities. EPA is in
the process of developing regulations  for
corrective action under RCRA and for
cleanup of Superfund sites under the
NCP. The cleanup goals established in
those regulations will be consistent with
each other, within the limits of each
statute, and it is EPA's expectation \
remedies selected and implemented
under CERCLA will generally satisfy the
RCRA corrective action requirements.
and vice versa.
  Federal facility sites are placed in a
separate section of the NPL Currently.
32 Federal facility sites are on. and 16
are proposed for. the NPL
V. Coolants of This Proposed Rule

  The seven Federal facility sites being
reproposed today were originally
proposed for the NPL on October 15.
1984 or April 10.1985. At that time, the
Agency's policy was to include only
non-regulated land disposal units in the
area scored by the MRS when there
were RCRA-regulated units located
elsewhere on the Federal facility. The
Agency has since determined that the
HRS scores for these seven Federal
facility sites include areas that are
regulated under RCRA. As a result of
the recently proposed policy for placing
Federal facility sites that may be subject
to RCRA Subtitle C corrective action
authorities on the NPL the Agency has
decided to retain the RCRA units in the
HRS score for those sites. This is
consistent with the proposed policv
HRS documents for these sites are
available for review in the public c.
(see Section III. Public Comment Penuu,
Available Information). Five Federal
facility sites being reproposed were first
proposed on October 15.1984:
• Anmston Army Depot (Southeast
  Industrial Area). Anmston. Alabama
• Dover Air Force Base. Dover.
  Delaware
• Savanna Army Depot Activity.
  Savanna. Illinois
• Louisiana Army Ammunition Plant.
  Doyline. Louisiana
• Air Force Plant *4 (General
  Dynamics). Fort Worth. Texas
  Two were first proposed on Apnl 10.
1985:
• Joliet Army Ammunition Plant (Load-
  Assembly-Packing Area).  Joltet.
  Illinois
• Letterkenny Army Depot (Property
  Disposal Office). Franklin County.
  Pennsylvania
  The Federal facilities listing policy on
which this reproposal is based is
currently proposed. The Agency will
consider the comments submitted on the
proposed policy, along with the
comments submitted on this reproi

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27646
Federal  Register / Vol. 52.  No. 140 /  Wednesday. July 22.  1987 / Proposed Rules
before placing these Federal facility
sites on the NPL
  The eighth Federal facility site
discussed in today's proposed rule is the
Rocky Mountain Arsenal (RMA) site in
Adams County. Colorado. This site was
proposed for the NPL on October IS.
1984 (49 FR 40336). and is promulgated
elsewhere in today's Federal Register. In
this rule, the Agency is proposing to
expand the RMA site to include a
surface impoundment known as Basin F.
Basin F is an approximately 93-acre
asphalt-lined lagoon located in the
northern half of Section 26 of RMA. and
includes all associated liquid, sludge.
overburden, liner, soils, and
groundwater found within the Basin F
fenced area.
  EPA omitted  Basin F from the MRS
score in the earlier proposal because the
Agency believed that Basin F received
hazardous waste after the effective date
of the RCRA Subtitle C land disposal
regulations. Consistent with the
September 8.1983 policy (to list only
non-regulated units), the Agency is now
proposing to add Basin F to the NPL site
for the following reasons: (1) The
Agency learned that Basin F did not in
fact, receive hazardous waste after the
effective date of the RCRA land disposal
regulations, and (2) a significant portion
of the plume of groundwater
contamination  to which Basin F
contributes appears to come from "non-
 regulated" units at RMA (48 FR 40674.
September 8.1983). The Agency also
 believes that Basin F would be
 appropriately included as part of the
 RMA site under the new policy recently
 proposed for RCRA-regulated Federal
 facilities.
                          EPA is soliciting comments on this
                        proposal to add Basin F to the RMA NPL
                        site. (The MRS documentation package
                        for RMA. including Basin F. is available
                        in the public docket. EPA will only
                        consider comments pertaining to the
                        Basin F expansion. The remainder of the
                        site is promulgated elsewhere in today's
                        Federal Register).
                        VI. Regulatory Impact Analysis
                           EPA has determined that this
                        proposed rulemaking is not a "major"
                        regulation under Executive Order 12291
                        because inclusion of a site on the NPL
                        does not itself impose any costs. It does
                        not establish that EPA will necessarily
                        undertake remedial action, nor does it
                        require any action by a pnvate party or
                        determine its liability for site response
                        costs. Costs that arise put of site
                        responses result from site-by-site
                        decisions about what actions to take.
                        not directly from the act of listing itself.
                        In addition, today's proposed rule
                        involves only Federally-owned sites.
                        and section lll(e)(3) of CERCLA
                        prohibits use of the Fund for remedial
                        actions at Federally-owned facilities. In
                         addition, since these sites were
                         previously proposed for the NPL no
                         additional costs are incurred by today's
                         rulemaking. This action was submitted
                         to the Office of Management and Budget
                         for review.
                         VIL Regulatory Flexibility Act Analysis
                           The Regulatory Flexibility Act of 1980
                         requires EPA to review the impacts of
                         this action on small entities, or certify
                         that the action will not have a
                         significant impact on a substantial
                         number of small entities. By small
                         entities, the Act refers to small
businesses, small governmental
jurisdictions, and nonprofit
organizations.
  While proposed modifications to the
NPL are considered revisions to the
NCP. they are not typical regulatory
changes since the revisions do not
automatically Impose costs. In today's
proposed rule, only Federally-owned
facilities are affected. Therefore, this
proposal will not have a significant
impact on a substantial number of small
entities.
List of Subjects in 40 CFR Part 300

  Air pollution. Chemicals. Hazardous
materials. Intergovernmental relations.
Natural resources. Oil pollution.
Reporting and recordkeeping
requirements. Superfund. Waste
treatment and disposal. Water pollution
control. Water supply.
  It is proposed to amend 40 CFR Part
300 as follows:

PART 300-4 AMENDED]

  1. The authority citation for Part 300
 continues to read as follows:
  Authority: 42 U.S.C. 9605(8)(B)/CERCLA
 105(81(8).
   2. It is proposed to add the following
 sites by Croup, to Appendix B of Part
 300.
   Note*—In proposed rules, the number in the
 left column corresponds to the Croup number
 in Appendix B.
 Jock W. McGnw.
 Deputy Assistant Administration. Office of
 Solid Waste and Emergency Response*.
 July ia 1987.
 HLLMO COOC W40-CO-4I

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              Federal Register / Vol. 52, No. 140 / Wednesday. July 22. 1987 / Proposed Rules
                 27647
 NPL
                              National Prioricies List,
                      Federal Facilities Sites. Proposed July  1987
                                     (By Group)
      LA  Louisiana Army Ammunition Plant    Doyline
 Number of Federal  Facilities Sites Proposed  for  Listing:
Response    Cleanut
ui. ok ailts name \*i.\.y/ t/uuiik. y N"*w«i6*'*' y i/ Ji-ucua, .
. *• ? tf'
3
7
8
9
10
10
AL
IL
TX
PA
DE
IL
Anniston Army Depot (SE Ind Area)
Savanna Army Depot Activity
Air Force Plant *& (Gen Dynamics)
Letterkenny Army Depot (PDO Area)
Dover Air Force Base
Joliet Army Ammu Plant (LAP Area)
Anniston
Savanna
Fort Worth
Franklin County
Dover
Joliet
R
R
R
R
R
R
0

0

I
  1: Sites are  placed in groups (Gr) corresponding to  groups  of 50
     on the  final NPL

  2: V - Voluntary or negotiated response    R - Federal  and State response
     F - Federal enforcement                 S - State  enforcement
     D - Category to be determined

  3:1- Implementation activity underway,  one or more operable units
     O - One or more operable units completed; others  may be underway
     C - Implementation activity completed  for all operable units

|FR Doc 87-16677 Filed 7-21-67. MS am|
MLUNaCOOE IMP «0 C

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27902
Corrections
                                     Federal Rqgbtar

                                     VoL Si No. 142

                                     Friday. July 24. 1987
This section of the FEDERAL  REGISTER
contains editorial corrections of previously
published Presidential.  Rule, Proposed
Rule, and Notice documents and volumes
of the Code of Federal  Regulations.
These corrections are prepared by  the
Office of the Federal  Register Agency
prepared corrections are issued as  signed
documents  and appear in  the  appropriate
document  categories  elsewhere m the
DEPARTMENT OF DEFENSE

48 CFR Part 215
      tment of Defense Federal
Acquisition Regulation Supplement;
Contracting by Negotiation

Correction
  In proposed rule document 87-15848
appearing on page 26363 in the issue of
Tuesday. July 14.1987. make the
following correction:

215.804-1  [Amended]
  In the third column, in section 215.804-
1. following the seventh line, insert
"shall request only that data which the
contracting officer".
BILLING CODE 150S-Ot-O
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Part 53

 [FRL-3141-9(e)]

 Ambient Air Monitoring Reference and
 Equivalent Methods

 Correction

   In rule document 87-13711 beginning
 on page 24724 in the issue of
 Wednesday. July 1.1987, make the
 following correction:
   On page 24725. in the third column, in
 the second complete paragraph, in the
 second line ".05"should read "0.5".
 BILLING CODE ISOS-01-0
ENVIRONMENTAL PROTECTION
AGENCY

[OPT5-40000S; FRL-31B7-8]

Emergency Planning and Community
Rlght-To-Know Programs; Denial of
Toxic Chemical List Petition

Correction
  In notice document '87-12348 beginning
on page 20142 in the issne of Friday.
May 2a 1987, make the following
corrections:
  1. On page 20143. in the first column.
in the fourth paragraph, in the 16th fine.
"to" should read "of.
  2. On the same page, in the third
column, in the first complete paragraph,
in the 16th line, insert a comma after
"flimroris".
  3. On page 20145. in the table, in the
second rffluip". the last entry should be
followed by a footnote reference "5".
•LLJM CODE 1BOS-OV*
 ENVIRONMENTAL PROTECTION
 AGENCY

 [PP 4G3039/T543; FRL-3219-7]]

 Renewal of Exemptions From
 Requirement of Tolerances

 Correction
   In notice document 87-13926
 appearing on page 23718 in the issue of
 Wednesday. June 24.1987. make the
 following correction:
   On page 23718. in the third column, in
 the date line, "June 9" should read "June
 8".
 BILLING CODE 15OW)1-O
 Executive Office of the President

 Office of Administration

 3 CFR PART 1«2

 Office of Personnel Management

 5 CFM PART 729
Merit Systems Protection Board

S CFR PART 1207

Office of the Special Counsel

S CFR PART 1262

Federal Labor Relations Authority

5 CFR MUTT 2416

National Aeronautics and Space
AdmkuetnrtioB

14 CFR PART 1X31

Securities and Exchange  Commission

17 cm PAST 200

Overseas Private Investment
Corporation

22 CFR PART 711

African Development Foundation

22 CFR PART 1S«O

National Labor Relations Board

20 CFR PART tOO

National Archives and Records
Administration

 30 CFR PART 1208

 Veterans Administration

 38 CFR PART 10

 Federal Emergency Management
 Agency

 44 CFR PART 10

 Enforcement of Nondiscrimlnation on
 the Basis of Hapd|g*p hi Federally
 Conducted Programs

 Correction
   to proposed rule document 87-14491
 beginning on page 25124 in the issue of
 Thursday. July 2.1987. make the
 following corrections:

-------

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33446       Federal Register / Vol. 52. No. 171  / Thursday. September  3. 1987 / Proposed Rules
40 CFR Part 300

 cRL-32S5-9]

 national Priorities List (NPL) for
Uncontrolled Hazardous Waste Sites;
Deletion of Sites

AGENCY: Environmental Protection
Agency.
ACTION: Notice of intent to delete sites;
request for comments.

SUMMARY: The Environmental Protection
Agency (EPA) announces its intent to
delete three sites from the National
Priorities List (NPL) and requests public
comment. The NPL is Appendix B to the
National Oil and Hazardous Substances
Contingency Plan (NCP), which EPA
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (CERCLA).

DATES: Comments may be submitted on
or before October 5,1987.

ADDRESSES: Comments may mailed to
Russel H. Wyer, Director, Hazardous
.Site Control Division (Attn: Design and
Construction Management Branch),
Office of Emergency and Remedial
Response (WH-548E). Environmental
Protection Agency, 401 M Street. SW..
Washington. DC 20460. The
  ieadquarters Docket clerk will maintain
aome background information on each
site. Comprehensive information on
each site is available through the EPA
Regional docket clerks.
  The Headquarters public docket is
located in EPA Headquarters, Waterside
Mall subbasement, 401 M Street. SW..
Washington, DC 20460, and is available
 for viewing by appointment only from
9:00 a.m to 4:00 p.m.. Monday through
 Friday excluding holidays. Requests for
 copies of the background information
 from the Headquarters public docket
 should be directed to the EPA
 Headquarters Docket Office. Requests
 for comprehensive copies of documents
 should be directed formally to the
 appropriate Regional Docket Office.
 Addresses for the Headquarters and
 Regional Docket Offices are:
   For background information on all
 three sites: Tina Maragousis, (WH-
 548D). U.S. EPA CERCLA Docket Office,
 Waterside Mall. Subbasement, 401 M
 Street. SW.. Washington. DC 20460. 202/
 382-3046.
   For the Middletown Road Dump,
 Annapolis. Maryland site: Diane
 McCreary. Region III, U.S. EPA Library,
 5th Floor. 841 Chestnut Bldg.. 9th &
 Chestnut Streets. Philadelphia. PA
 19107. 215/597-0580.
  For the Harris (Farley Street),
Houston, Texas site: Leticia Lane.
Region VI. U.S. EPA Library, 12th Floor.
Mail Code 6M-IR. 1445 Ross Avenue.
Dallas, TX 75202-2733. 214/655-6444.
  For the Mountain View Mobile Home
Estates, Glove, Arizona site: Jean
Circiello. Region IX, U.S. EPA Library.
6th Floor. 215 Fremont Street. San
Francisco. CA 94105. 415/974-8076.
FOR FURTHER INFORMATION CONTACT:
Paul Nadeau. Chief, Design and
Construction Management Branch.
Hazardous Site Control Division. Office
of Emergency and Remedial Response
(WH-548E). Environmental Protection
Agency. 401 M Street. SW., Washington.
DC 20460. Phone (800) 424-9346 (or 382-
3000 in the Washington, DC.
metropolitan area).
SUPPLEMENTARY INFORMATION:

Table of Contents
I. Introduction
II. NPL Deletion Critena
III. Deletion Procedures
IV. Basis for Intended Site Deletions

I. Introduction
  The Environmental Protection Agency
(EPA) announces its intent to delete
three sites from the National Priorities
List (NPL), Appendix B, of the National
Oil and Hazardous Substances
Contingency Plan (NCP). and requests
comments on these deletions. The EPA
identifies sites that appear to present a
significant risk to human health or the
environment and maintains the NPL as
the list of those sites. Sites on the NPL
may be the subject of the Hazardous
Substance Response Fund (Trust Fund)
financed remedial actions. Any sites
deleted from the NPL remain eligible for
Fund-financed remedial actions in the
unlikely event that conditions at the site
warrant such action.
   The three sites EPA intends to delete
from the NPL are:
   1. Middletown Road Dump,
Annapolis.  Maryland
   2. Hams  (Farley Street). Houston,
Texas
   3. Mountain View Mobile Home
 Estates. Globe, Arizona
   The EPA will accept comments on
 these three sites for thirty days after
 publication of this notice in the Federal
 Register.
   Section II of this notice explains the
 criteria for deleting sites from the NPL
 Section III discusses procedures that
 EPA is using for this action and those
 that the Agency is considering using for
 future site deletions. Section IV
 discusses each site and explains how
 each site meets the deletion criteria.
II. NPL Deletion Criteria

  Amendments to the NCP published in
the Federal Register on November 20.
1985 (50 FR 47912) establish the criteria
the Agency uses to delete sites from the
NPL. Section 300.66(c)(7) of the NCP
provides that:
  . .  . sites may be deleted from or
recategonzed on the NPL where no further
response is appropriate. In making this
determination. EPA will consider whether
any of the following criteria has been met:
  (i) EPA. in consultation with the State, has
determined that responsible or other parties
have implemented all appropriate response
actions required:
  (n) All appropriate Fund-financed response
under CERCLA has been implemented, and
EPA. in consultation with the  State, has
determined that no further cleanup by
responsible parties is appropriate: or
  (in) Based on a remedial investigation,
EPA. in consultation with the  State, has
determined that the release poses no
significant threat to public health or the
environment and. therefore, taking of
remedial measures is not appropriate.

  Before deciding to delete a site. EPA
will make a determination that the
remedy or decision that no remedy is
necessary, is protective of human health
and the environment, consistent  with
section 121(d) of the Superfund
Amendments and Reauthorization Act
of 1988.

  Deletion of a site from the NPL does
not preclude eligibility for subsequent
Fund-financed actions if future
 conditions for subsequent Fund-
 financed actions if future conditions
 warrant such actions. Section
 300.66(c)(8) of the NCP states that Fund-
 financed  actions may be taken at sites
 that have been deleted from the  NPL.

HI. Deletion Procedures

   Deletion of sites from the NPL does
 not  itself create, alter, or revoke any
 individual rights or obligations. The NPL
 is designed primarily for informational
 purposes and to assist Agency
 management. As mentioned in Section  II
 of this notice. § 300.66(c)(8) of  the NCP
 states that deletion of a site from the
 NPL does not preclude eligibility for
 future Fund-financed response actions.
   For the deletion of this group of three
 sites. EPA's Headquarters Office will
 accept and evaluate public comments
 before making the final decision to
 delete. Comments from the local
 community surrounding the sites
 considered for deletion are likely to be
 the most pertinent to deletion decisions.
 The following procedures were  used for

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               Federal Register /  Vol.  52. No. 171 / Thursday. September 3, 1987 / Proposed Rules       33447
  the intended deletion of these three
  sites:
   1. EPA Regional Offices recommended
  deletion and prepared relevant
  documents.
   2. EPA Regional Offices provided a
  two to three week public comment
  period on the deletion package for the
  Hams (Farley St). TX and the Mountain
  View Mobile Home Estates. AZ sites.
  both of which  had undergone remedial
  measures. A public meeting for
  discussion of the Remedial Investigation
  and No-Action alternative (no remedial
  action was necessary) was provided
  instead of a public comment period on
  the deletion package  for the Middletown
 Road site where an Emergency Removal
 preceded a No-Action Decision. For all
 three sites, notifications were provided
 to local residents through local and
 community newspapers. The Region
 made all relevant documents available
 in the Regional Offices and local site
 information repositories. Notice was
 also given at the time of public meetings
 if they were determined to be necessary.
   3. Comments received during the
 notice and comment period were
 evaluated and  a Responsiveness
 Summary prepared before the tentative
 decision to delete was made.
   A deletion occurs when the Assistant
 Administrator for Solid Waste and
 Emergency Response  places a notice in
 the Federal Register, and the NPL will
 reflect those deletions in the next final
 update. Public notices and copies of the
 Responsiveness Summary will be made
 available to the local residents by the
 Regional Offices.

 IV. Basis for Intended Site Deletions
   The following summaries provide the
 Agency's rationale for intending to
 delete these sites from the NPL.
 Harris (Farley Street) Site, Houston, TX
   The Harris (Farley Street) site is a
 2.07-acre site located in southeast
 Houston. Texas. In early 1958 the site
 was used as a disposal site for chemical
 wastes. In 1959 the trenches were
 backfilled with native soil. The waste
 was uncovered in 1981 in the process of
 installing a swimming pool. The site was
 listed on the NPL in December 1982
 based on potential ground water
 contamination.
  In June 1983. one of  the site's
 potentially responsible parties (PRP)
 signed an Administrative order on
 Consent with EPA to perform the
 Remedial Investigation and Feasibility
 Study (RI/FS) for the site. The Remedial
 Investigation Report was submitted to
EPA in November 1983 and the Field
Study was submitted in May 1984. The
RI indicated that wastes consisting of
 styrene tars and their degradation
 products were present. Ground water
 monitoring wells installed next to the
 trenches and down-gradient of the site
 showed no sign of ground water
 contamination. As a result of these
 findings the Enforcement Decision
 Document was signed by the Regional
 Administrator on September 27.1985
 and a second Administrative Order on
 Consent was signed with the PRP in
 September 1985 for the Remedial Design
 (RD) and Remedial Action (RA) to be
 conducted and funded by the PRP.
   The waste materials were chemically
 characterized as alkanes, substituted
 benzenes, substituted biphenyls,
 polynuclear aromatic hydrocarbons and
 non-aromatic cyclics. Measurement of
 total extractable organics was employed
 as a surrogate for quantification of total
 contamination. Initial laboratory tests
 indicated that the total extractable
 organics (TEO) test adequately
 measured to total amount of
 contamination. Background level was
 defined as  from 0 to 10 parts per million
 (ppm) TEO with a detection limit of <2
 ppm.
   A series  of four removals was
 initiated by the PRP in April 1986 and
 completed  in July 1988 with disposal of
 contaminated soils in a Class I. RCRA
 landfill. Subsequent soil sampling
 indicated wastes had been removed to
 background levels in 54 of 57 samples.
 with three samples with TEO levels
 slightly elevated above background, and
 the environmental threat presented by
 the site had been effectively mitigated.
   Because the action was a complete
 removal of the contamination source, no
 ground water monitoring was done after
 the removal and no operation or
 institutional controls were found to be
 necessary for the site. All activities and
 decisions are consistent with those
 outlined in  the Enforcement Decision
 Document and comply with current
 standards.
  The property will be turned over to a
 disposal company once the site has been
 deleted from the National Priorities List
 and will become a part of a private
 construction material. Class IV landfill
 (a non-hazardous materials landfill),
 which now bounds the site on two sides.
 A sandpit which lies to the south of the
 site is also scheduled to become a
 landfill cell once the useable sand has
 been removed.
  A three week public comment period
concerning  the proposed deletion was
held from August 27  to September 17.
1988. No written comments were
received. Oral comments were received
from the Assistant Director of the
Department of Health and Human
Services for the City of Houston. Three
 concerns were raised: (a) Why was the
 test for total extractable organics
 (TEOs) used as the indicator parameter
 for completion of the clean-up; (b) is the
 TEO test applicable to the types of
 waste found at the Harris (Farley Street)
 site: and (c) what about small patches of
 stained soil left at the site after
 completion of removal. Subsequently.
 the State reviewed a summary of EPA/
 PRP data documenting the analytical
 relationship between the TEO test and
 the site contaminants and determined
 that the TEO test was indeed
 appropriate. The State also agreed that
 the small amount of remaining material
 posed an insignificant threat to human
 health and the environment and
 continuation of removal was not
 justifiable. These concerns  and their
 resolution are detailed in the
 Responsiveness Summary.
  EPA. in consultation with the State of
 Texas, has determined that the site is
 protective of human health  and the
 environment,  that responsible parties
 have implemented all appropriate
 response actions required and that no
 further cleanup by responsible parties is
 appropriate.

 Mountain View Mobile Home Estates,
 Globe, AZ

  Mountain View Mobile Home Estates
 was a 17-acre mobile home subdivision
 located in Globe. Arizona.
 approximately 75 miles east of Phoenix.
 The subdivision was developed in 1973
 on the site of the Metate Asbestos
 Corporation chrysotile asbestos mill
 after the mill ceased operation by order
 of the Gila County Air Quality Control
 District. Metate Asbestos mill tailings
 and contaminated soil were used as fill
 to level the site. Forty-seven mobile
 homes were eventually placed on the
 subdivision's 55 lots and the site was
 occupied by approximately  130
 residents.
  Asbestos contamination of the soil in
 the subdivision was discovered in
 October 1979 by State and local health
 officials. Subsequent sampling of air and
 soil in the subdivision confirmed the
 presence of asbestos fibers. Mountain
 View Mobile Homes Estates was added
 to the National Priorities List in July
 1982.
  The Remedial Investigation/
 Feasibility Study commenced on April 4.
 1983. The final draft Remedial
 Investigation/Feasibility Study Report
 (RI/FS) was published in May 1983.
 During the RI/FS activity. EPA and the
Federal Emergency Management
Agency (FEMA) offered to temporarily
relocate Mountain View residents on a

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33448	Federal Register  /  Vol. 52.  No. 171 / Thursday. September 3.  1987 / Proposed Rules
voluntary basis pending a decision on
the permanent remedy for the site.
  The RI/FS found that residents of
Mountain View Mobile Home Estates
were being exposed to significant
quantities of asbestos fibers both from
contaminated soil on-site and from
airborne fibers from a nearby mill.
Direct contact with asbestos by children
was of the greatest concern because
their life expectancy exceeds the latency
periods for asbestos related disease.
Polarized light microscopy was the
analytical method used to identify and
quantify asbestos for all samples
collected at the site.
  A Record of Decision was signed on
June 2.1983 selecting Site Abandonment
by Permanent Relocation as the
remedial action. Permanent relocation of
residents was completed in March 1985
and ownership of the purchased
property was transferred to the State of
Arizona. Following relocation of the site
residents, remediation of the site was
completed.
  The homes and other structures were
crushed and buried on-site in two
natural depressions. Drainage culverts
and enclosed pipes were installed to
reduce the potential for erosion of the
cover. A non-woven filter fabric was
placed over the entire site to act as a
physical barrier to upward movement of
asbestos fibers and as an indicator of
erosion. Twenty-one inches of
uncontaminated soil was placed over
the Tilter fabric in lifts and compacted.
Three inches of crushed rock was added
to complete the cover. The site was
fenced to protect the integrity of the
cover.
  Analytical results from 107 post-
closure soil samples of the site cover are
non-detectable for asbestos or show
only traces <1% consistent with
background  readings. Twenty-five final
cover samples were also non-detectable.
Physical inspections of the site found no
problem with integrity of the site other
than minor settling and erosion. The
State of Arizona has committed to
maintenance of the site for a minimum
of twenty years. All actions taken are
consistent with those outlined in the
Record of Decision and comply with
current standards.
  The  Region provided a three week
public comment period from August 29th
to September 19.1986 on the proposed
deletion. No written or oral comments
were received.
  All appropriate Fund-financed
response under CERCLA has been
implemented, and EPA. in consultation
with the State of Arizona, has
determined that no further cleanup by
responsible  parties is appropriate and
that the site is protective of human
health and the environment.
Middletown Road Dump, Annapolis.
MD
  The Middletown Road Dump site is
located off Maryland Route 50 near
Annapolis. Anne Arundel County.
Maryland. This 2.3 acre site was
operated as a dump, primarily for rubble
and construction debris, over several
decades without proper state permits.
The owner accepted drums of
unidentified industrial wastes and
marine paints which were discovered
during an October 1982. EPA Field
Investigation Team (FIT) Investigation
of the property. As a result of the FIT
Investigation, based on potential ground
water and surface water contamination.
the site was placed on the National
Priorities List (NPL) in December 1982.
  A site assessment in April 1983.
revealed that emergency conditions
existed on-site, threatening ground and
surface waters. Stream sediments and
surface soils showed significant heavy
metals contamination. Immediate
removal measures were initiated.
contaminated on-site materials were
removed, plus additional soils until
background levels were achieved.
  A Remedial Investigation (RI) was
initiated on January 2.1985. Evaluation
of possible routes of contaiminant
migration included water quality
assessment from existing data from on-
site and off-site wells and surface
waters: and soils and sediments
evaluation by site sampling and analysis
for priority metals, volatile organics and
base/neutral extractables. All air,
water, soil and sediment contaminant
levels were very close to naturally
occurring background levels, based on
previously collected State data.
  The RI determined that there was no
significant threat to public health or the
environment via direct contact,
inhalation or ingestion and that No-
Action is the proper alternative for the
Middlefown Road site. A No-Action
Record of Decision was signed by the
Acting Regional Administrator on March
17.1986.
  The State will monitor the on-sile
wells at least annually as a part of its
existing closed waste site inspection
schedule. Uncontaminated tires remain
on site. However, the State  has entered
into a Consent Order with the owner to
have them removed and disposed of
properly.
  A public meeting was held on August
27.1985. to discuss the final RI and No-
Action alternative. No written or
verbal comments from the public were
received.
  Based on the remedial investigation.
EPA. in consultation with the State of
Maryland, has determined that the site
poses no significant threat to human
health or the environment and remedial
measures are not appropriate.
  Dated. August 25.1987.
Thaddeus L. Juszczak. Jr..
Acting Deputy Assistant Administrator.
Office of Solid Waste and Emergency
Response
|FR Doc. 87-20297 Filed 9-2-67. 8:45 am)
BILLING CODE 6S60-50-M

DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 25
(CGD 87-016]
Emergency Position Indicating Radio
Beacons for Uninspected Fishing, Fish
Processing, and Fish Tending Vessels
AGENCY: Coast Guard. DOT.
ACTION: Noice of proposed rule making.

SUMMARY: The Coast Guard is proposing
to amend  the uninspected vessel
regulations by requiring emergency
position indicating radio beacons
(EPIRBs) to be carried on uninspected
fishing, fish processing, and fish tender
vessels operating on the high seas.
Congress amended the shipping laws of
the United States by requiring those
vessels to have the number and type of
EPIRBs prescribed by regulation. By
implementing the law, the regulations
will ensure rapid and effective search
and rescue during emergency situations.
DATES: Comments must be submitted on
or before: October 19.1987.
ADDRESSES: Comments should be
submitted to the Commandant (G-CMC/
21). U.S. Coast Guard. 2100 Second St..
SW.. Washington. DC 20593-0001.
Between the hours of 8:00 a.m. and 3.00
p.m.. Monday through Friday, except
Federal holidays, comments may be
delivered to. and are available for
inspection and copying at. the Marine
Safety Council (G-CMC) Room 2110 U.S.
Coast Guard Headquarters. 2100 Second
St.. SW.. Washington. DC 20593-0001.
(202) 267-1477. The Draft Evaluation
may also  be inspected or copied at the
Marine Safety Council.
FOR FURTHER INFORMATION CONTACT:
LCDR William M. Riley. Survival
Systems Branch. Room 1404, U.S. Co
-------
33812    Federal Register / Vol. 52. No. 173  /  Tuesday, September 8. 1987 / Rules and Regulations
{167.3  Geographic coordinate*
  Geographic coordinates expressed in
terms of latitude or longitude, or both.
are not intended for plotting on maps or
charts whose referenced horizontal
datum is the North American Datum of
1983 (NAD 83). unless such geographic
coordinates are expressly labeled NAD
83. Geographic coordinates without the
NAD 83 reference may be plotted on
maps or charts referenced to NAD 83
only after application of the appropriate
corrections that are published on the
particular map or chart being used.

PART 177-{ AMENDED]

  25. The authority citation for Part 177
is revised to read as follows:
  Authority: 46 U.S.C. 4302:49 CFR 1.48.
  28. Section 177.08 introductory text is
revised to read as follows:
§177.08 Regulated boating area*.
  For the purpose of this part, the
following are regulated boating areas.
  Note: Geographic coordinates expressed in
terms of latitude or longitude, or both, are not
intended for plotting on maps or chart*
whose referenced horizontal datum is the
North American Datum of 1983 (NAD 83),
unless such geographic coordinates are
expressly labeled NAD 83. Geographic
coordinates without the NAD 63 reference
may be plotted on maps or charts referenced
to NAD 8B only after application of the
apuiupriate oorrectiona that are published on
•» particular map or chart being used.
•    •    • "   •   •
  Dated: August 3,1987.
Martin H. Darnell.
Rear Admiral, US. Coast Guard Chief. Office
of Navigation.
[FR Doc. 87-20332 Filed 9-4-87; 8:45 am]
BlUJNa CODE 4S10-M-M
33 CFR Part 117

[CG05 87-035]

Drawbridge Operation Regulations;
Christina River, Wilmington, DE

AGENCY: Coast Guard, DOT.
ACTION; Final rule; revocation.	

SUMMARY: This amendment revokes the
regulations for Conrail's Christina River
drawbridge, mile 5.4, because the swing
bridge has been removed. Regulations
for the other bridges on the Christina
River remain unchanged. Notice and
public procedure have been omitted
from this action due to the removal of
the bridge concerned.
 EFFECTIVE DATE: These regulations
 become effective September 8,1087.
 FOR FURTHER INFORMATION CONTACT:
 William C. Heming. Bridge
Administrator. First Coast Guard
District, Bldg. 135A. Governors Island,
New York 10004 (212) 868-7994.

SUPPLEMENTARY INFORMATION: This
action has no economic consequences. It
merely revokes regulations for a swing
bridge that no longer exists.
Consequently, this action is considered
to be non-major under Executive Order
12291 on Federal Regulation, and
nonsignificant under the Department of
Transportation regulatory policies and
procedures (44 FR 11034: February 26,
1979). Since there is no economic
impact, a full regulatory evaluation is
unnecessary. Because no notice of
proposed rulemaking is required under 5
U.S.C. 553. this action is exempt from
the Regulatory Flexibility Act (5 U.S.C.
605(b)). However, this action will not
have significant economic impact on a
substantial number of small entities.

Drafting Information

  The drafters of these regulations are
Sylvia L. Bowens, project officer, and
Cdr. Robert J. Reining, project attorney.

List of Subjects In 33 CFR Put 117

  Bridges.

Regulations

  In consideration of the foregoing. Part
117 of Title 33, Code of Federal
Regulations, is amended as follows:

PART 117-DRAWBRIDGE
OPERATION REGULATIONS

  1. The authority citation for Part 117
continues to read as follows:

  Authority: 33 U.S.C 499; 49 CFR 14* 33
   2. Section 117.237(c) is revised to read
 as follows:

 8117.237  Christina River.
 •    •    •    •    •

   (c) The draws of he Conrail bridges, at
 miles 4.1 and 4 .2, both at Wilmington,
 shall open on signal from 6 a jn. to 8 pan.
 if at least 24 hours notice is given. From
 8 p.m. to 6 a.m., the draws need not be
 opened for the passage of vessels.
 •    •    •    •    •
   Dated: August 18, 1987.

 RJM. Polant.
 Captain, US. Coast Guard. Acting
 Commander, Fifth Coast Guard District.

 (FR Doc. 87-20539 Filed 9-4-87; 846 am)
 B*UJN
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Parts 305 and 308

[FRL-3249-2J

Withdrawal of Arbitration Procedures
and Natural Resource Claims
Procedures for Hazardous Substance
Superfund

AGENCY: Environmental Protection
Agency.
ACTION: Final rule; removal of
regulations.	

SUMMARY: The Environmental Protection
Agency (EPA or Agency) is withdrawing
two procedural rules promulgated
pursuant to the Comprehensive
Environmental Response. Compensation
and Liability Act of 1980 (CERCLA). The
rules concern: (1) The submission and
evaluation of natural resource claims
against the Hazardous Substance
Superfund (Superfund) (40 CFR Part
308). and (2) the arbitration of both
natural resource and response claims
(40 CFR Part 305). EPA is withdrawing
these two regulations because the
authority for financing natural resource
claims and for arbitrating claims has
been revoked by provisions of the
Superfund Amendments and
Reauthorization Act of 1988 (SARA).
EFFECTIVE DATE: October 8.1987.
ADDRESS: Docket—The  public docket
for the arbitration and claims
procedures is available  for public
 inspection at the U.S. Environmental
 Protection Agency. Waterside Mail
 Lower Garage. 401M Street SW*
 Washington, DC 20460. The docket is
 available for viewing by appointment
 only, (202) 362-3046, from 9:00 a jn. to
 4:30 p JB, Monday through Friday.
 excluding holidays. As provided in 40
 CFR Part 2, a reasonable fee may be
 charged for copying services.
 FOR FURTHER INFORMATION CONTACT:
 William O. Ross, Office of Emergency
 and Remedial Response [WH-548).
 Environmental Protection Agency, 401M
 Street SW., Washington. DC 20460 (202)
 382-4645, or The RCRA/CERCLA
 Hotline, (600) 424-0346  (or 382-3000 in
 the Washington, DC metropolitan area).
 SUPPLEMENTARY INFORMATION:

 I. Natural Resource Claims Procedures
 Rule
   The Comprehensive Environmental
 Response, Compensation and Liability
 Act of 1980 (CERCLA). 42 U.S.C. 9601 et
 sea.. Pub. L 96-610, authorized the
 assertion of two types of claims again
 the Superfund: Response claims

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                                   '                             •               I       •                       .

           Federal Register / Vol. 52. No.  173 / Tuesday. September 8. 1987 / Rulea and Regulations    33813
 authorized by section lll(a)(2) of
 CERCLA and natural resource claims
 authorized by section lll(a)(3) of
 CERCLA. Response claims are to
 reimburse private parties for at least
 part of their costs in responding to a
 release, or threat of a release, of a
 hazardous substance, pollutant or
 contaminant Natural resource claims
 are submitted by Federal. State, or
 Indian tribe trustees for reimbursement
 of the costs of assessing damage to a
 natural resource, or for the restoration.
 rehabilitation, replacement or acquiring
 the equivalent of a natural resource that
 has been injured, destroyed or lost The
 submission and evaluation of natural
 resource claims was the subject of a rule
 promulgated by EPA on December 13.
 1985.50 FR 51196 et aeg., 40 CFR Part
 306. The Agency is today withdrawing
 this rule because CERCLA. as amended
 by SARA, does not authorize the
 appropriation of funds for the payment
 of natural resource claims.
   SARA treats natural resource claims
 in different ways. Section lll(c)(l) of
 SARA amends section lll(b) of
 CERCLA to prohibit payment from the
 Superfund of a natural resource claim
 unless the President determines that the
 claimant has exhausted all
 administrative and judicial remedies for
 recovering such claims from parties
 liable under section 107 of CERCLA.
 This restriction applies only to claims
 for restoration, rehabilitation,
 replacement or acquiring the equivalent
 of an injured natural resource—not to
 claims for damage assessments. Another
 provision, section lll(e) of SARA.
 amends section lll(e)(2) of CERCLA to
 prohibit payment from the Superfund in
 any fiscal year where the President
 determines that such funds are needed
 for response to threats to public health.
   However, the above provisions are
 mooted by section 517(a) of SARA.
 which amends the Internal Revenue
 Code as follows:
  Amounts in the Superfund shall be
 available, OB provided in the appropriation
 Acts, only for purposes of making
 expenditures—
  (A) To cany out the purposes of—
  (i) Paragraphs (1). (2). (5). and (8) of section
 lll(a) of CERCLA as In effect on the date of
 the enactment of the Superfund Amendments
 and Reauthorization Act of 1988,
  (ii) Section lll(c) of CERCLA (as so In
 effect), other than paragraphs (1) and (2)
 thereof * • '.
 It can be seen that section 517(a) of
 SARA prohibits Superfund expenditures
 to carry out the purposes of sections 111
 (a)(3). (b). (c)(l). (c)(2) of CERCLA.
These are the authorizing provisions for
natural resource claims. Therefore, even
 though the programmatic sections
 regarding natural resource claims still
 exist the authority to spend money for
 those claims has been specifically
 revoked.
   The legislative history is clear that
 Congress intended that natural resource
 claims not be paid. The conference
 report to SARA holds that: "[t]he
 conference agreement follows the House
 bill in deleting natural resource damage
 and assessment claims as a Superfund
 expenditure purpose." H.R. Rep. No. 982.
 99th Cong. 2d Sess. 321 (Oct 3.1986); see
 H.R. Rep. No. 253,99th Cong. 2d Sess..
 pt 2. at 54 (1985) (House Report).
 Because of section 517(a) of SARA. EPA
 is today withdrawing the regulatory
 procedures for natural resource claims.
 IL Arbitration Rule
   Section 112 of CERCLA (as amended
 by SARA) outlines procedures for
 asserting all claims against the Fund for
 response costs. Prior to the enactment of
 SARA, section 112(b)(4) of CERCLA
 required the creation of a Board of
 Arbitrators to review EPA's claim
 determinations if either the claim was
 denied or the claimant contests the
 amount of an award. Implementing this
 statutory mandate, the Agency
 promulgated a rule that formally
 established an arbitration board and set
 forth procedures for the consideration of
 contested claims. 50 FR 51196 et seq.
 (December 13.1985), 40 CFR Part 305.
   Section 112(b) of SARA revokes the
 statutory authorization for an arbitration
 board. In its place, section 112(b) of
 SARA amended section 112(b)(2) of
 CERCLA to allow a claimant to request
 an administrative hearing if all or part of
 his claim is denied. Paragraphs (3)
 through (5) of the revised subsection
 112(b) outline the general parameters of
 the administrative hearing. In
 furtherance of this statutory mandate,
 EPA is currently drafting rules for such
 administrative hearings. Because all
 statutory authority for arbitration was
 specifically revoked, and the arbitration
 procedures were specifically replaced
 by an alternative administrative
 procedure, the Agency is withdrawing
 its rules for arbitration, currently found
 at 40 CFR Part 305.

 m. Response to Public Comments
  In the 30-day period after this rule
 was proposed on July 13.1987 (52 FR
26160), the Agency received two public
comments: One favoring the withdrawal
of the regulations over suspension: the
other opposed withdrawal of the
regulations, questioning EPA's authority
to do so in light of section 112 of
CERCLA. The latter commenter stated
that the filing of claims should be
allowed given the strict time limit for
such filings, and concluded that it would
be less confusing to notify trustees that
they may may "file such claims if they
want to preserve them for possible
future funding"  (emphasis supplied).
  Executive order 12580 delegates to
EPA the President's authorities under
section 112, including the  responsibility
to prescribe appropriate forms and
procedures for response and natural
resource claims. EPA takes seriously its
responsibilities  under section 112(b)(l)
and will propose procedures for filing
response claims in the near future. It is
EPA's position,  however, in view of the
section 517 provision limiting the use of
Fund monies, that it is inappropriate  to
maintain the regulation establishing
natural resource claims procedures.
  Since no Fund monies may be used to
pay natural resource claims, EPA sees
no reason to expend resources in
processing such claims, against the
uncertain prospect of future
Congressional authorization. In
addition, in order to process those
claims, the Agency would need to
develop procedures to determine the
requirements  for exhausting
administrative and judicial remedies
(CERCLA section lll(b)(2)(A)). EPA
does not believe that such a use of
governmental resources is now
warranted.
  To be aura, the 3-year period for filing
natural resource claims may be running
at some sites. However, that is of no
significance so long as authorization  to
pay claims is  lacking. Should Congress
decide in the future to authorize the
payment of Fund monies for natural
resource claims, any necessary
adjustments in the statute of limitations
may be made at that time.

IV.  Regulatory Status and Required
Analysis
  Final rules issued by Federal agencies
are  governed by several statutes and
executive orders. These include
Executive Order 12291, the Regulatory
Flexibility Act and the Paperwork
Reduction Act

A. Executive Order 12291
  Executive Order 12291 requires that
proposed regulations be classified as
major or non-major for purposes of
review by the Office of Management
and Budget A regulatory impact
analysis is required for a major rule.
According to Executive order 12291,
major rules are regulations that are
likely to result in:
  (1) An annual effect on the economy
of $100 million or more; or
  (2) A major increase in costs or prices
for consumers, individual  industries.

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33814    Federal Register  /  Vol. 52. No. 173 / Tuesday. September 8. 1987 /  Rules and Regulations
federal, state, or local government
agencies, or geographic regions: or
  (3) Significant adverse effects on
competition, employment investment
productivity, innovation, or on the
ability of the United States-based
enterprises to compete with foreign-
based enterprises in domestic or export
markets.
Both the arbitration and natural        j/
resource claims regulations were
determined to be non-major under
Executive Order 12291. and this rule.
which withdraws those two regulations,
is also unlikely to result in any of the
impacts identified above. Therefore, the
Agency has not prepared a regulatory
impact analysis for this regulation.

B. Regulatory Flexibility Act

  The Regulatory Flexibility Act of 1980
requires that a Regulatory Flexibility
Analysis be performed for all rules that
are likely to have "significant impact on
a substantial number of small entities."
  The withdrawal  of the natural
resource claims regulation will only
affect Federal and State governments or
Indian tribes, since they were the only
parties eligible to file such claims. The
withdrawal of the arbitration regulation
will have little impact since it will be
replaced by the rules for administrative
procedures mandated by  the statute.
Therefore. EPA certifies that this rule
will not have a significant impact on a
substantial number of small entities.

 C. Paperwork Reduction Act

   The Information Collection approved
 by OMB (2050-0043 (expiring April 30,
 1988)) is withdrawn. The 201,600
 approved hours have been taken out of
 the Information Collection Budgets for
 the year ending September 30,1987. and
 thereafter.

 List of Subjects hi 40 CFR Parts 308
 and 308
   Administrative Practice and
 Procedure. Air pollution control.
 Chemicals. Claims, Hazardous
 substances, Hazardous waste,
 Intergovernmental relations, Natural
 resources. Oil pollution. Penalties,
 Reporting and recordkeeping
 requirements, Superfund, Waste
  pollution control  Water supply.
   Authority: 42 U.S.C 8601 et MO. and BXJ.
  12580 sect. 4 and ft
   Dated: September 1.1987.
  Lee M. Thomas.
  Administrator.
    Chapter L Title 40 of the Code of
  Federal Regulations is amended as set
  forth below.
                                       PARTS 305 AND 306-{REMOVED AND
                                       RESERVED]

                                         Title 40 of the Code of Federal
                                       Regulations is amended by removing
                                       and reserving Parts 305 and 308.
                                       [FR Doc. 87-20547 Filed 9-4-87; 8:45 am]
                                       BILLING CODE (MO-aO-M
                                       FEDERAL EMERGENCY
                                       MANAGEMENT AGENCY

                                       44 CFR Part 361

                                       Criteria for Earthquake Hazards
                                       Reduction Assistance to State and
                                       Local Governments

                                       Date: September 1.1987.
                                       AGENCY: Federal Emergency
                                       Management Agency.
                                       ACTION; Final rule.	

                                       SUMMARY: The purpose of this regulation
                                       is to establish policy and provide
                                       criteria for the provision of financial and
                                       technical assistance to States and local
                                       governments by the Federal Emergency
                                       Management Agency (FEMA). under the
                                       Earthquake Hazards Reduction Act of
                                       1977 (Pub. L. 95-124. amended by Pub. L,
                                       96-472). This regulation supersedes that
                                       portion of 44 CFR 300.6, Earthquake and
                                       Hurricane Plans and Preparedness.
                                       which pertains to earthquake
                                       preparedness.
                                          In keeping with the trend of Federal
                                       programs of assistance to State and
                                       local governments toward increased
                                        cost sharing. FEMA intends to initiate
                                        cost sharing with States (and local
                                        governments, where appropriate) for
                                        their earthquake ha"1**" reduction
                                        projects. These projects have in the past
                                        been (in most but not all cases) ICO
                                        percent federally funded. This rule sets
                                        out the requirements for cost sharing.
                                        The final objective is cost sharing on a
                                        50-percent Federal-50 percent non-
                                        Federal basis, with the non-Federal
                                        contribution required to be cash.
                                          FEMA realizes, however, that timing
                                        and other contingencies may preclude
                                        the availability of State cash
                                        contributions for earthquake hazards
                                        reduction activities in time for Fiscal
                                        Year (FY) 1988. In order to
                                        accommodate States, therefore, FEMA
                                        plans to phase in cost sharing over a
                                        period of three years. In FY 1988, FEMA
                                        will continue to fund State earthquake
                                        hazards reduction projects without
                                        requiring any State match. Of course.
                                         those States that have already planned
                                         to cost share, and/or have been sharing
                                         the costs with FEMA of their earthquake
                                         hazards reduction projects in previous
                                         years are encouraged to continue to do
so. In FY 1989, minimum cost share
requirements will be instituted. They
wUl require States to contribute 25
percent of the total costs of their
projects, with the Federal Govemmeii.
providing the remaining 75 percent The
State contribution may be cash or in-
kind. Beginning hi FY 1990, the full cost
sharing provisions will be implemented.
which will require States to provide a
minimum of so percent of the costs of
their projects, with this contribution
required to be cash. The publication of
this regulation at this time is intended to
provide official notice to States of this
pending requirement in order to give
them the time necessary to obtain their
required matches for FY 1989 and FY
1990.
EFFECTIVE DATE: October 1,1987.
FOR FURTHER INFORMATION CONTACT:
Terry Feldman, Earthquakes and
Natural Hazards Programs Division.
Office of Natural and Technological
Hazards Programs, State and Local
Programs and Support Federal
Emergency Management Agency. 500 C
 Street SW., Washington, DC 20472. (202)
046-4145.
 SUPP1EMENTARV INFORMATION: Congress
 enacted the Earthquake Hazards
 Reduction Act of 1977 with the purpose
 of reducing the loss of life and dar
 to property "from future earthqiu
 the United States through the
 establishment and maintenance of an
 effective earthquake hazards reduction
 program." The Federal Emergency
 Management Agency (FEMA) has been
 designated as the lead Federal agency
 with responsibility for implementing this
 National Earthquake Hazards Reduction
 Program (NEHRPJ. FEMA exercises this
 responsibility in close cooperation with
 the three other principal Federal
 agencies of the program: U.S. Geological
 Survey, National Science Foundation.
 and the National Bureau of Standards.
 Each of these agencies is responsible for
 those specific aspects of the NEHRP that
 are most closely related to its own
 overall mission.
    In addition to its lead agency
 responsibilities (Pub. L 90-472. section
 101(b)), FEMA is responsible under the
 Earthquake Hazards Reduction Act for
  supporting State and local earthquake
  hazards reduction projects, supporting
  the development and implementation of
  seismic design and construction
  standards, leading the Federal
  earthquake response planning effort
  conducting mitigation and multiha»rd
  preparedness planning, and fost
  earthquake education and  infoi
  transfer. The support of State an     ^
  earthquake hazards reduction projects

-------

-------
Thursday
October 15. 1987
Part  II



Environmental

Protection  Agency

40 CFR Part 350
Trade Secret Claims for Emergency
Planning and Community Right-to-Know
Information; and Trade Secret
Disclosures to Health Professionals;
Proposed Rule

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38312
Federal Register / Vol.  52.  No. 199  /  Thursday. October 15. 1987 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 350
(FRL-3261-5)

Trade Secret Claims for Emergency
Planning and Community Right-to-
Know Information; and Trade Secret
Disclosures to Health Professionals

AGENCY: Environmental Protection
Agency (EPA).
ACTION; Proposed rule.	

SUMMARY: This proposed rule publishes
the procedures for claims of trade
secrecy for facilities reporting under
sections 303 (d)(2) and (d){3). 311. 312
and 313 of Title III. and for EPA's
handling of such claims, under the
Superfund Amendments and
Reauthonzation Act of 1986. for
submission and handling of petitions
requesting disclosure of chemical
identities claimed as trade secret, and
for disclosure to health professionals of
Title  III information claimed as trade
secret. The proposed rule published
today will not become effective until
promulgated in final form following
opportunity for comment. Until then, the
proposed rule may be used as guidance
by affected parties.
DATES: Written comments  on the
proposed rule must be received on or
before December 14.1987.  A series of
public meetings will be scheduled about
mid-November to receive comment.  For
further information contact die Chemical
Emergency Preparedness Hotline «t 1-
800-535-0202 {in Washington. DC at
 (202) 479-2449) or look for notice in the
Federal Register in mid-October.
ADDRESS: Written comments should be
submitted ha triplicate to Preparedness
Staff. Superfuiid Docket Clerk.
Attention: Docket Number 300 PQ-TS.
Superfund Docket Room LG-lOO. U.S.
Environmental Protection  Agency. Mail
 Stop WH 548D. 401 M Street SW..
 Washington. DC 20460.
   Copies of materials relevant to this
 rulcmaking are contained  in the
 Superfund Docket located in Room LG-
 100. at the U.S. Environmental
 Protection Agency. 401 M  Street SW..
 Washington. DC 20460. The docket is
 available for inspection by appointment
 only between the hours of 9:00 a.m. and
 4:00 p.m. Monday through Friday.
 excluding Federal holidays. The docket
 phone number is (202) 382-3046. As
 provided in 40 CFR Part 2. a reasonable
 fee may be charged for copying services.
 FOR FURTHER INFORMATION CONTACT
 Beverly D. Horn. Attorney-Advisor.
 Office of General Counsel. Contracts
                          and Information Law Branch, LE-132G.
                          U.S. Environmental Protection Agency.
                          401 M Street. SW.. Washington. DC
                          20460. (202) 382-5460. or the Chemical
                          Emergency Preparedness Program
                          Hotline at 1-800-535-0202 (in
                          Washington. DC at (202) 479-2449|.
                          SUPPLEMENTARY INFORMATION: The
                          contents of toddy's preamble are listed
                          in the following outline-
                          I Introduction
                            A. Authority
                            B. Background of this Rulemaking
                          II  Trade Secret Claim Procedure
                            A. Definition of Trade Secret
                            B Methods of Claiming Trade Secrecy
                            C. Claims Under Sections 303(d)(Z) and
                              303(d)(3)
                            0. Claims Under Section 311
                            E Claims under Section 312
                            F. Claims Under Section 313
                            C. Initial Substantiation
                            H. Claims of Confidentiality in the
                              Substantiation
                            I. Submissions to State and Local
                              Authorities
                           III Petition Requesting Disclosure of
                              Chemical Identity Claims as Trade
                              Secret
                           IV EPA Review of Trade Secrecy Claims
                             A. Overview of the Process
                             B. Determination of Sufficiency
                             C. Determination of Insufficiency
                             D. Deternaoauon of Trade Secrecy
                             E. Eaforcuimt
                           V. Relation of Section 322 to Other Statutes
                             A. Relationship to State Confidentiality
                              Statutes
                             B. Overlap with Other EPA-Administered
                              Statutes
                             C. Relationship to Freedom of Information
                              Act
                           VI. Refease of Trade Secret Information
                             A. Releases to States
                             B. Releases to Authorized Representatives
                              of ERA
                           VII. Disclosure to Health Professional*
                             A. Mra-emergency Diagnosis or Treatment
                             B. Emergency Situations
                             C. Preventive and Treatment Measures
                             fl. Statement of Meed
                             E. Confidentiality Agreement

                           VUL Summary of Supporting Analyse*
                             A. Regulatory fcnpnct Analysis
                             B. Regulatory Flexibility Analysis
                             C. Paperwork Reduction Act

                           I. Introduction

                           A. Authority
                             EPA is proposing this rule pursuant to
                           sections 322 and 323 of Title III of the
                           Superfund Amendments and
                           Reauthonzation Act of 1986. Pub. L. 99-
                           499. Title III is also cited as "The
                           Emergency Planning and Community
                           Right-To-Know Act of 1986." Section 322
                           of Title III provides the procedures for
                           claiming trade secrecy for information
                           submitted under sections 303 (d){2) and
                           (d)(3). 311. 312 and 313. It also provides
                           a process whereby members of the
public can file petitions requesting the
disclosure of chemical identities claims
as trade secret. Section 323 provides
procedures for access to chemical
identities, including those claimed as
trade secret, by health professionals
who need the information for diagnosis
treatment or research.

B. Background of this Rulemaking

  The Superfund Amendments and
Reauthonzation Act of 1986 (SARA).
Pub. L. 99-199. signed into law on
October 17.1986. amends and
reauthorizes portions of the
Comprehensive Environmental
Response. Compensation, and Liability
Act of 1980 (CERCLA). 42 U S.C  9601 et
seq. Title III of SARA is a free-standing
statute known as "The Emergency
Planning and Community Right-to-Know
Act of 1986." It contains provisions
requiring facilities to report to State and
local authorities, and EPA. the presence
use and release of extremely hazardous
substances (described in sections 302
and 304). and hazardous and toxic
chemicals (described in sections 311.
312. and 313 respectively). For the
reporting required in sections 303. 311.
312. and 313. a submitter may claim the
chemical reported as trade secret.
   1. Section 303. Section 303 involves
 the formulation of comprehensive
 emergency reponse plans for extremely
 hazardous substances. These are any of
 406 substances on a list published by
 EPA under section 302. The regulations
 for sections 302.303. and 304 were
 published on April 22.1987. at 52 FR
 13378.
   Any facility where an extremely
 hazardous substance under section 302
 is present in excess of the threshold
 quantity (as determined by EPA) must
 report to the State emergency response
 commission, established under section
 301 of Title III. The local emergency
 planning committee, also established
 under section 301 of Title III. will
 contact any facility that has identified
 itself, in order to formulate a local
 emergency contingency plan. In this
 planning process, a facility is required (o
 provide the local emergency planning
 committee with information the
 committee requests, except  that the
 facility may withhold trade  secret
 chemical identity from the committee
 The facility  must also inform the
 committee of any relevant changes
  which occur or are expected to occur
 which may affect the contingency plan
 When informing the committee of these
 changes, tfae facility may also withhold
 trade secret chemical identity from the
 committee.

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               Federal  Register / Vol. 52. No. 199  /  Thursday. October 15.  1987 / Proposed Rules        38313
   2. Sections 311 and 312. Section 311
 requires the owner or operator of
 facilities subject to the Occupational
 Safety and Health Act of 1970 (OSHA)
 and regulations promulgated under that
 Act (15 U.S.C. 651 etseq. as amended. 52
 FR  31852 [August 24.1987]) to  submit
 material safety data sheet (MSDS), or a
 list of the chemicals for which the
 facility is required to have an MSDS. to
 the local emergency planning
 committees. State emergency response
 commissions, and local fire
 departments. The facilities are required
 to submit the MSDS or alternative  list
 by October 17,1987. or three months
 after the facility is required to prepare
 or have an MSDS for a hazardous
 chemical under OSHA regulations.
 whichever is later. Any  trade secret
 chemical identity may be withheld from
 the  MSDS or list of chemicals,  provided
 the  submitter follows the trade secret
 claims procedures under the section 322
 regulation.
   Under Section 312. owners and
 operators of facilities that must submit
 an MSDS under section  311 area also
 required to submit additional
 information on the hazardous chemicals
 present at the facility. Beginning March
 1,1988, and annually thereafter, the
 owner or operator of such a facility must
 submit an inventory form containing an
 estimate of the maximum amount of
 hazardous chemicals present at the
 facility during the preceding year, an
 estimate of the average daily amount of
 hazardous chemicals at  the facility, and
 the location of these chemicals at the
 facility. Section 312(a) requires owners
 or operators of such facilities to submit
 the inventory form to the appropriate
 local emergency planning committee.
 State emergency response commission.
 and  local Tire department on or before
 March 1,1988. (or March 1 of the first
 year after the facility first become
 subject to the OSHA MSDS
 requirements for a hazardous chemical)
 and  annually thereafter on March 1.
  Section 312 specifies that there be two
 reporting "tiers" containing information
 on hazardous chemicals  at the  facility in
 different levels of detail. "Tier I"
 containing general information on the
 amount and location of hazardous
 chemicals by category, is submitted
 annually. "Tier II," containing more
 detailed information on individual
 chemicals, is submitted upon request.
 There will be no trade secret claims for
 Tier  I reporting since no specific
 chemical identity is given. However,
 submitters may withhold trade  secret
chemical identity from the Tier II form.
  OSHA recently published a final
rulemaking at 52 FR  31852. on August 24,
 1987. expanding coverage of the
 facilities required to maintain MSDSs.
 The number of facilities thereby subject
 to reporting under sections 311 and 312
 will have expended from 350,000 to over
 4 million, starting in 1988.
   The proposed regulation for sections
 311 and 312 was published at 52 FR 2838
 on January 27,1987. The final regulation
 will be published in the near future.
   3. Section 313. Section 313 is the last
 reporting requirement in Title III in
 which trade secret claims can be made.
 Under section 313. a toxic chemical
 release inventory form (published by
 EPA) must be filed with a designated
 State agency, and EPA. This form must
 be filed for any toxic chemical (on a list
 published by EPA) which is
 manufactured, processed or otherwise
 used in amounts exceeding the threshold
 quantity at a covered facility. The form
 also indicates the total annual releases
 of the chemical to the environment. A
 covered facility is any facility with 10 or
 more employees in SIC Codes 20-39.
 The list of toxic chemicals was
 published in the section 313 proposed
 rule on June 4,1987 at 52 FR 21152. As
 with other sections of Title III. trade
 secret chemical identity may be
 withheld from the toxic chemical release
 inventory form.
   4. Section 322. The section 322
 regulations contain the procedures
 which a submitter must follow in order
 to file a trade secret claim. These claims
 are submitted to EPA only, by
 submitting an unsanitized version of the
 document containing the Title in
 information. This version will contain
 the chemical identity claimed as trade
 secret. The submitter must also submit a
 santitized version, which is identical to
 the unsanitized version in all respects
 except that the trade secret chemical
 identity is deleted, and instead a generic
 class or category is included. This is the
 version which is submitted to the State
 or local authorities, as appropriate.
  Section 322(b) of Title III requires that
 a submitter file a substantiation of its
 trade secret claim with the filing
 containing the chemical identity claimed
 as trade secret This up-front
 substantiation will consist of the
 answers to seven questions which are
 intended to elicit sufficient factual
 support to indicate whether the claim
 will meet the criteria  set forth in the
 statute for a claim of trade secrecy.
  That statute also allows submitters to
claim as trade secret any trade secret or
confidential business information which
the submitter must include in the
substantiation in order to fully answer
the seven questions. This claim of trade
secrecy is more expansive in scope than
 that allowed under the reporting
 requirements of Title in, because it it
 not limited solely to chemical identity,
 and includes any trade secret or
 confidential business information. A
 detailed explanation on how to make a
 trade secrecy claim is found under
 section Il.G. below.
   The regulation contains the
 procedures for filing petitions by the
 public to request disclosure of chemical
 identity claimed as trade secret (The
 public petition process does not cover
 requests for public disclosure of
 information claimed as trade secret
 other than chemical identity. These
 requests for disclosure must be
 submitted under EPA's Freedom of
 Information Act regulations at 40 CFR
 Part 2.) The section 322 regulation also
 sets forth procedures the Agency  must
 follow in making a determination as to
 whether any chemical identity claimed
 as trade secret is in fact a trade secret.
 These determinations will be made by
 the program designated to receive and
 handle trade secret claims for that
 particular reporting section  in Title III.
 The Office of General Counsel will hear
 intra-agency appeals from the
 determinations of trade secrecy.
   5. Section 323. The section 323
 regulation contains provisions allowing
 health professionals to gain access to
 chemical identities, including those
 claimed as trade secret, in three
 different situations. The first situation is
 for non-emergency treatment and
 diagnosis of an exposed individual.
 Second, access is permited for
 emergency diagnosis and treatment
 Finally, health professionals employed
 by the local government may receive
 access to a trade secret chemical
 identity to conduct preventive research
 studies and to render medical treatment
 In all situations but the medical
 emergency, the health professionals
 must submit a written request and a
 statement of need, as well as a
 confidentiality agreement, to the facility
 holding the trade secret The statement
 of need verifies that the health
 professional will be using the trade
 secret information only for the needs
 permitted  in the statute, and the
 confidentiality agreement ensures that
 the health professional will not make
 any unauthorized disclosures of the
 trade secret
II. Trade Secret Chum Procedure

A. Definition of Trade Secret

  In accordance with section 322(c) of
Title m, the definition of a trade secret
in this regulation is equivalent to that in
the Restatement of Torts, section 757,

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Federal Register / Vol.  52. No. 199 / Thursday. October 15. 1987 / Proposed Rules
and the regulation developd by the
Occupational Safety and Health
Administration to implement its Hazard
Communication Standard. The OSHA
Hazard Communication Standard
requires disclosures of the specific
chemical identity of chemicals to which
employees are exposed in the
workplace, except in those cases in
which the identity of the chemical in
question is determined to be a bona fide
trade secret. The U.S. Court of Appeals
ruling in United Steel workers of
America v. Auchter. 763 F.2d 728 (3d Cir.
1985). required that OSHA amend its
Hazard Communication Standard to
adopt a definition from common law, the
Restatement of Torts, section 757.
Comment b. (1939). which reads: " 'trade
secret' may consist of any formula.
pattern, device, or compilation of
information which is used in one's
business, and which gives [the
employer] an opportunity to obtain an
 advantage over competitors who do not
 know or use it." The court concluded in
 the Auchter case that the term "trade
 secret" is  not intended to provide
 protection for chemical identities which
 are readily determinable by reverse
 engineering.
   Title III. however, only allows trade
 secrecy claims for a subset of the
 material which is traditionally covered
 under trade secrecy law.  Section 322(a)
 specifically states that submitters under
 Title III may withhold only the "specific
 chemical  identity (including the
 chemical  name and other specific
 identification)" as a trade secret. The
 "specific  chemical identity" means
 either the chemical name or other
 specific identification such as the
 Chemical Abstract Services Registry
 Number (CASRN).
    The statute is unclear as to the
 permissible scope for claims of trade
 secrecy for chemical identity. The most
 narrow interpretation would be to limit
 a claim of trade secrecy  solely to the
 mere presence of the particular chemical
 at the facility, or the chemical
 composition of  the chemical itself.
 Congress stated in the Conference
  Report that, "the knowledge of [the)
  presence [of a specific chemical] at the
  purchasing facility could effectively
  define for its competitors the process
  and/or products being made there." H.R.
  CONF. REP. NO. 99-362.99th Cong.. 2d
  Sess. 304 (1988).
    Throughout the Conference Report.
  however. Congress also displayed
  general concern for the protection of all
  legitimate trade secrets. For instance, in
  discussing the reporting requirements
  under section 313. it was noted. "[t]he
  conference substitute provides for
                          reporting categories of use and ranges of
                          chemical present because the exact
                          [identity] of identified chemicalfs] at a
                          facility or the exact amount present may
                          disclose secret processes." Id. at 298.
                          Similarity, in discussing the reporting
                          requirements under section 312.
                          Congress stated. "[i]n order to protect
                          chemical process trade secret
                          information, reporting ranges may need
                          to be broad." Id. at 290. Congress likely
                          anticipated that it would be possible for
                          the required reporting on the forms
                          under Title III to be structured broadly
                          enough to avoid compromising
                          legitimate trade secrets. EPA has made
                          every effort to do this. EPA believes that
                          even with the use of broad ranges and
                          reporting categories, however, the
                          amount of detail requested under Title
                          III may in some cases still allow cross-
                          referencing of information which could
                          reveal valuable trade secret information.
                             For these reasons. EPA believes that
                           the statute allows trade secrecy claims
                           for chemical identity to be made for the
                           linkage between chemical identity and
                           other information reported on Title III
                           submissions (e.g.. specific process
                           information and special handling
                           procedures), in addition to claims
                           relating to the presence of a chemical at
                           a facility or the chemical composition of
                           the chemical, through claiming  chemical
                           identity to be a trade secret. Submitters
                           will be required to meet the four criteria
                           for supporting a claim of trade  secrecy
                           set forth in section 322(b) of the statute.
                           and discussed in greater detail in
                           section U.G. below, for all such claims.
                              As a practical matter. EPA believes
                           that this interpretation of the scope of
                           trade secrecy will not involve great
                           numbers of additional claims, because
                           EPA expects that submitters will be
                           unable  to meet the four statutory criteria
                           for trade secret linkages other  than the
                           presence of the chemical, or its chemical
                           composition. As an example. EPA does
                            not expect linkages between the
                            chemical identity and the amount on site
                            to meet all the section 322(b)
                            requirements. Where the identity of a
                            chemical that a company uses in a
                            particular product is publicly known but
                            the amount on site is not known, the
                            Agency considers it unlikely that a
                            submitter will be able to show that the
                            chemical identity is not readily
                            discoverable through reverse
                            engineering (section 322(b)(4)). since the
                            chemical identity is already a matter of
                            public knowledge.
                               EPA also believes that this
                            interpretation does not run counter to
                            the other major public policy thrust in
                            Title HI—that of public disclosure—
                             because the requirement of an up-front
substantiation, which will cause
submitters to justify their claims, will
limit spurious claims. Further, EPA's
intention is to randomly evaluate trade
secret claims and to prosecute
vigorously those submitting frivolous
claims. The S25.000 fine per frivolous
claim under such circumstances is
evidence of Congress's intent to deter
such claims. All submitters should be
aware that supplemental information
submitted to EPA after the initial
substantiation should clearly confirm
the validity of their claim as set out in
the initial substantiation, or they may be
subject to the penalty for frivolous
claims. EPA requests public comment on
the scope of the trade secrecy claim.
   The question has been raised as to
whether information which may qualify
as emissions or effluent data.
respectively, under section 114(c) of the
 Clean Air Act and section 308(b) of the
 Clean Water Act. may be claimed as
 trade secret under section 322. The
 second criterion of the  four which a
 trade secret claimant must meet, under
 section 322(b). requires that information
 claimed as trade secret "is not required
 to be disclosed, or otherwise made
 available, to the public under any other
 Federal or State law." EPA's position is
 that this language in section 322(b)
 refers  to  specific information previously
 submitted to a Federal or State authority
 and determined to be publicly
 disclosable, or information previously
 submitted to a Federal or State authority
 under a law or regulation which does
 not allow a claim of confidentiality.
    Information which has been
  determined administratively or judicially
  to constitute emissions or effluent data
  within the meaning of section 114(c) of
  the Clean Air Act. or section 308(b] of
  the Clean Water Act is required to be
  disclosed to the public and could not be
  withheld from disclosure under section
  322. A company could not claim as trade
  secret information as to which a trade
  secrecy  claim has been categorically
  disallowed, such as information
  required in NPDES permit applications
  (40 CFR 122.7(c)). Also, a company could
  not claim as trade secret data already
  collected by EPA where the Agency has
  decided that the data presented no valid
  claim of trade secrecy, either because it
  was emissions or effluent data or for
  other reasons.
     A further question has been raised
   concerning the status of information
   which EPA could obtain, but has not
   requested, under the Clean Air Act or
   Clean Water Act and of Information in
   EPA's possession which could constitute
   emissions or effluent data, but as to
   which no determination has been made

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               Federal Register / Vol. 52. No.  199 / Thursday. October 15. 1987 / Proposed  Rules        38315
  whether it is trade secret, or. if it is.
  whether it is emissions or effluent data.
  There is no discussion of this issue in
  the Conference Report or elsewhere.
  Congress  likely intended to leave
  undisturbed the status of information as
  to which no claim of confidentiality was
  permitted under State or Federal law. or
  as to which a decision had been made
  that no valid claim was presented.
  However, a trade secret claimant should
  not be required to show that the
  chemical identity submitted to the
  Agency and claimed confidential would
  not constitute emissions or effluent data
  required to be made public by EPA if it
  had been submitted under section 114(c)
  of the Clean Air Act or section 308(b) of
  the Clean  Water Act. On the other hand.
  a successful claim that information is
  trade secret under Title in would not be
  determinative of the status of the
  information under the Clean Water Act
  of Clean Air Act, where no
  determination had been made whether it
  constituted emissions or effluent data.
  EPA requests comment on this issue.
 B. Methods of Claiming Trade Secrecy
   There are five separate submissions
  that can be made under Title in which
 may include a claim of trade secrecy.
 These are: (1) The notification of any
 changes at the facility which would
 affect emergency plans, under section
 303(d)(2); (2) answers to questions posed
 by local emergency planning committees
 under section 303(d)(3); (3] material
 safety data sheets or chemical lists
 submitted  under section 311; (4) Tier
 Two emergency and hazardous chemical
 inventory forms submitted under section
 312; and (5) the toxic release inventory
 form submitted under section 313.
   The basic requirements for making a
 claim are similar, although there are
 some differences among the different
 sections. These differences will not
 affect the validity of a submitter's claim.
 provided the submitter adheres to all of
 the requirements. The basic
 requirements are as follows. First, EPA
 must receive a copy of the document
 required to be submitted under sections
 303(d)(2J and (d)(3), 311. 312. or 313.
 which includes the specific chemical
 identity claimed as trade secret. Second,
 EPA must receive a sanitized copy of
 this same document in which the
 chemical identity claimed as trade
 secret is deleted and in its place is
 included the generic class or category of
 the chemical claimed trade secret This
 sanitized copy should be identical to the
 original in all respects except that it
 does not contain the chemical identity.
Third. EPA must receive a
substantiation for each chemical
claimed as  trade secret as explained in
 Second II.G. below. Although these
 three items are the minimum required
 for a claim of trade secrecy under all
 sections. EPA suggests that submitters
 carefully review the requirements under
 each section before filing a trade
 secrecy claim.
   In some cases, a facility may not
 know the identity  of a chemical that it
 uses under a trade name or in a
 proprietary mixture, but might want to
 file a trade secret  claim for the trade
 name or mixture. The user will be
 allowed to file for trade secrecy, using
 the trade name as chemical identity and
 filling out those parts of the Title III
 submittal sent to EPA that it can supply
 without knowing the specific chemical
 identity. The user  would still be required
 to file a complete substantiation.
 However, some users making trade
 secret claims for trade name products or
 mixtures may feel  that some portions of
 the substantiation questions do not
 apply to their trade secret claim. If so,
 the user must answer the question to the
 best of its ability by explaining why it
 believes the question to be inapplicable.
   Users who do not wish to make a
 trade secret claim  for the trade name or
 mixture, and have  not been provided
 with the specific chemical identity in the
 trade name or mixture, are not
 considered to be withholding specific
 chemical identity for purposes of
 submitting trade secret claims and
 substantiations.
   EPA considered  imposing more
 extensive requirements on users. One
 approach would require the supplier to
 inform EPA of the chemical identity and
 complete the substantiation questions
 for the user. Another option considered
 was the "best efforts" approach
 proposed in the preamble to the section
 313 rule, published on June 4.1987 (52
 FR 21151.21155], which would require
 the user to  make multiple attempts to
 obtain the chemical identity from the
 supplier, including  offering to enter into
 a confidentiality agreement with the
 supplier.
  The Agency decided in favor of the
 more pragmatic approach taken in this
 proposal. In general, the Agency is
 concerned with lessening the burden on
 users who wish to file for trade secret
 status, especially since suppliers are
 unlikely to  divulge  information to users
 under a wide variety of circumstances
 even if the users are repeatedly
 persistent. EPA requests comment on
 this issue.
  As provided in the final 311 and 312
 regulation with regard to reporting
mixtures, owners or operators of
facilities can make  trade secret claims
for mixtures on their sections 311 and
 312 submittals by either claiming an
 element or compound in the mixture as
 trade secret or claiming the entire
 mixture as trade secret. If the mixture is
 reported as a whole, a substantiation
 should be provided for the entire
 mixture; if the individual elements are
 reported, then a substantiation should
 be submitted for each element.
   All trade secret claims and petitions
 requesting disclosure of identities
 claimed as trade secret should be sent to
 the following address: U.S.
 Environmental Protection Agency. P.O.
 Box 70266. Washington, DC 20024-0266.
 The Agency will be examining claims
 processing issues and may need to
 establish an alternate address for
 section 313 claims in the future.

 C. Claims Under Sections 303(d){2) and
 303(d)(3)

   Section 303 concerns the formulation
 of contingency plans by local emergency
 planning committees. Section 303(d)(2)
 states that owners or operators of
 facilities must promptly inform
 committees of any relevant changes
 occurring at the facilities as the changes
 occur or are expected to occur. Section
 303(d)(3) states that owners or operators
 of facilities must promptly provide
 information to committees when
 committees request information from
 facilities necessary for the development
 and implementation of emergency plans.
   A trade secret claim under section
 303(d)(2) must include a copy of the
 notification of changes in the facility.
 This notification may be in the form of a
 letter. The document must include the
 name and address of the submitter.
 Chemical identity claimed as trade
 secret must be clearly marked
 "CONFIDENTIAL" or 'TRADE
 SECRET." A trade secret claim under
 section 303(d)(3) must include a copy of
 the information requested by the local
 emergency planning committee and the
 information provided by the facility in
 response to the request A letter
 containing this information is  sufficient
 The document must include the name
 and address of the submitter. Chemical
 identity claimed as trade secret must be
 clearly marked "CONFIDENTIAL" or
 "TRADE SECRET."
  In both of these submittals. the
 generic class or category of each
 chemical ("class" is synonymous with
 "category") claimed as trade secret
 should be indicated in parentheses
 directly after the claimed chemical
 identity. The generic class or category
for chemicals subject to section 303
reporting is discussed below in this
section.

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Federal Register / Vol.  52.  No. 199 / Thursday.  October 15. 1S87  /  Proposed Rule8
  EPA must also be provided with a
sanitized copy of this document The
sanitized copy should be a duplicate of
the original except that the submitter
must delete any chemical identity
claimed as trade secret, leaving in its
place the generic class or category for
each claimed chemical. This sanitized
copy is the copy which is to be sent to
the local emergency planning committee.
Finally, for each chemical identity
claimed as trade secret, a complete
substantiation must be submitted. The
substantiation will be discussed in
greater detail in Section II.G. below.
   Generic Class or Category. When a
committee develops its contingency
plan, identification of the specific
chemicals that are present in its
jurisdiction is vital to the negotiation of
the plan and is the first issue to be
resolved in the initial preparation of the
 plan. As stated above, if a facility does
 not wish to reveal the specific chemical
 identity to the committee in the context
 of section 303(d)(2) and (d)(3). the
 section 303 submittal must include in the
 place of chemical identity, the generic
 class or category of the chemical
 claimed as trade secret.
   EPA is proposing three options
 regarding the choice of generic class or
 category for section 303(d)(2) and (d)(3)
 Bubmittals. For purposes of reporting
 prior to promulgation of the final rule.
 the Agency suggests that submitters
 choose an appropriate generic class or
 category based upon any of the three
 alternatives presented. The purpose of
 using generic classes or categories when
 chemical identity is requested by the
 committee during the contingency
 planning process and is not disclosed by
 facilities is  to aid the public by
 providing relevant information about the
 chemical as a substitute for knowledge
 v.'hich could be gained from the specific
 chemical identity. We invite comment
 from the public on each of the
 alternatives presented below in terms of
 which option does, in fact, best aid the
 public. All of the alternatives are based
  on the concept of an example list of
  generic classes or categories.
    The purpose of a contingency plan is
  to provide effective, expedient
  emergency response to aid response
  workers and community residents in the
  event of a chemical release. In order to
  prepare an effective contingency plan.
  the hazards involved with the specific
  chemicals such as explosiviry or
  flammability. adverse health effects
  associated with the release, and special
  safety equipment needed to contain the
  release must be known. Only by
  knowing this information, can proper
  equipment and procedures be used to
                          contain the release. If chemical identity
                          is claimed as trade secret by a facility.
                          such information can still be obtained
                          through the determination of a generic
                          class or category that reflects the
                          information, as well as by other
                          questions posed to the facility by the
                          local emergency planning committee.
                            EPA recognizes that each individual
                          committee across the country will have
                          its own unique safety needs to consider
                          when developing its contingency plan.
                          For example, a committee must take into
                          account various factors relating to risk
                          management and assessment such as
                          distance of the affected community from
                          the facility, type of land use near the
                          facility, and level of sophistication of
                          the first responder. These factors vary
                          greatly from one committee to the next
                          Likewise, facilities across the country
                           also differ widely in terms of potential
                           hazards arising from releases, adverse
                           health effects associated with the
                           releases, and prevention techniques
                           employed to guard against the hazards.
                             Because of this wide variation of
                           factors for both committees and
                           facilities, the Agency believes it
                           inappropriate to designate specific
                           generic classes or categories which must
                           be used by each committee and facility
                           in all cases where specific chemical
                           identity is claimed as trade secret To
                           devise such a list, taking into account
                           the variety of important safety factors
                           described above, would be impossible.
                           Instead, the Agency believes that
                           committees and facilities should engage
                            in discussion with each other in order to
                            jointly arrive at generic classes or
                            categories that accurately and suitably
                            reflect the hazards of specific chemical
                            releases, prevention techniques to guard
                            against the releases, adverse health
                            effects associated with the chemical
                            releases and any other safety
                            information, as described above.
                            considered significant
                              a. Alternative A. This alternative
                            allows committees and facilities to
                            arrive at their own choices of generic
                            classes or categories with no example
                            classes offered by the Agency. In
                            suggesting this approach,  however. EPA
                            strongly encourages committees and
                            facilities to arrive at classes or
                            categories that incorporate the safety
                            information discussed above. In this
                            way, class or category determination
                            can be a meaningful substitute for
                            chemical identity and can serve as the
                            vehicle in which important safety facts
                            for contingency planning purposes can
                            be shared, and put to good use.
                               b. Alternative B. This alternative
                            differs from Alternative A in that the
                            hazard categories set forth in the final
sections 311 and 312 regulation are
provided as examples that can be
chosen by committees and facilities in
arriving at generic classes or categories
after discussions. Under this option.
either one of the five categories set forth
below can be chosen to be the generic
class or category, or another hazard-
based class can be chosen.
   The following is the example list of
hazard-based classes or categories:
   1. Acute (Immediate)
   2. Chronic
   3. Fire
   4. Sudden Release of Pressure
   5. Reactivity
   Hazard categories are proposed in
 this option because, as noted above.
 contingency planning should have as its
 goal hazard identification, prevention
 techniques to guard against the hazards,
 adverse health effects associated with
 the releases, and any other safety
 information the committee and facility
 consider significant. A generic class or
 category based on these factors will in
 most cases be more beneficial for
 contingency planning purposes than a
 generic class or category based on
 chemical structure.
    c. Alternative C. This alternative
 differs from the other two options in that
 the Agency suggests that the
 determination of class or category by
 committees and facilities generic be
 based on chemical structure. It will at
  times be appropriate for contingency
  planning purposes to have chemical
  structure be the basis of the class or
  category. The important consideration is
  that hazard identification, hazard
  prevention techniques, adverse  health
  effects, and any other safety information
  the committee and facility consider
  significant be included in the
  determination of the class or category.
  These factors are essential to the
  formulation of an effective contingency
  plan.
  D. Claims Under Section  311
    Section 311 concerns  the provisions
   for submissions of material safety data
   sheets. A trade secret claim submitted
   under section 311 to EPA must include a
   copy of the MSOS or chemical list
   whichever is submitted by the facility
   under this section. Chemical identities
   claimed as trade secret must be clearly
   marked as "CONFIDENTIAL" or
   •TRADE SECRET." The generic class or
   category (the word "class" is
   synonymous with "category") of the
   claimed chemical should  be inserted
'   directly below the chemical identity.
   The generic class or category for
   chemicals claimed as trade secret under
   sections 311 and 312.is explained below

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              Federal Register / Vol.  52. No. 199 / Thursday.  October 15.  1967 / Proposed  Rules	38317
 in this section. This is the unsanitized
 version of the MSDS.
  EPA must also receive a sanitized
 copy of the MSDS or chemical list.
 which should be a duplicate of the
 original in all respects except that the
 chemical identity claimed as trade
 secret is deleted and in its place is
 included the  generic class or category of
 the chemical claimed as trade secret.
 This is the copy that should be sent to
 the State emergency response
 commission,  the local emergency
 planning committee and the  local fire
 department. When sending copies to
 EPA, the unsanitized copy should be
 stapled to the sanitized copy, the
 unsanitized copy on top. In addition, a
 substantiation for each trade secret
 chemical identity must be included. An
 explanation of a sustantiation is set
 forth in Section II.G. below.
  Generic CJass or Category. The
 chemicals covered by sections 311 and
 312 are the same as those covered by
 the Occupational Safety and Health Act
 of 1970 and its regulations. It is not
 possible to write a finite list  of generic
 classes or categories for sections 311
 and 312 because there is no finite list of
 chemicals required to be reported under
 the sections.  Therefore, the choice of
 generic class or category should follow
 the same process as proposed for
 section 303 submittals above.
 £ Claims Under Section 312
  Section 312 requires the submission of
 emergency and hazardous chemical
 inventory forms. Information filed on the
 Tier I emergency and hazardous
 chemical inventory form will not involve
 claims of trade secrecy since chemical
 identity is not requested on the form.
 Trade secrecy claims under section 312
 involve only Tier n inventory forms.
  On the Federal section 312 Tier II
 inventory form, a trade secret box
 appears to the right  of the space for
 chemical identity. Instructions in the
 sections 311,  312 final rule, to be
 published in the near future,  direct that
 if chemical identity is claimed as trade
 secret, the trade secret box should be
 checked. As with section 311. EPA must
 receive an unsanitized copy of the form,
 i.e., the copy  just described with
 chemical identity included and the trade
 secret box checked. EPA must also
 receive a sanitized version of the form
 which must be a duplicate of the original
 except that the chemical identity will be
 deleted and in its place the generic class
 or category of that chemical will be
 inserted. The two copies should be
stapled to each other, the unsanitized
version on top and the sanitized version
on the bottom. In order to ensure
accurate determination of a trade secret
claim, the order of chemical names
found on the unsanitized version of the
Tier II form (the top page) must match
the order of generic classes or categones
found on the sanitized version. This
sanitized copy of the original form
should be sent to the requesting State
emergency response commission, local
emergency planning committee,  or fire
department.
  In addition, a substantiation must be
included for each chemical claimed as
trade secret. Explanation of the
substantiation is found in Section II.G.
below.
  Claims of confidentiality regarding the
location of chemicals in facilities are not
covered by Title III  trade secrecy
protection. The confidential location
information should not be sent to EPA,
but only to the requesting entity. This
information will  be  kept confidential by
that entity under section 312(d)(2)(F)
which refers to section 324. Section
324(a) states that upon request by a
facility owner or operator subject to the
requirements of section 312, the State
emergency response commission and
the appropriate local emergency
planning committee must withhold from
disclosure the location of any specific
chemical required by section 312(d)(2) to
be contained in a Tier II inventory form.
  A few states have expressed an
interest in using State-designed Tier II
inventory forms rather than the Federal
inventory form. Under § 370.40 of the
final sections 311, 312 regulation, to be
published in the near future, facilities
will meet section 312 requirements if
they submit the Federal form, an
identical State form, or an identical
State form with supplemental questions
authorized under State law. If a
submitter wishes to make a trade
secrecy claim, however, he must use the
Federal form as his  section 312 Tier II
submittal. Trade secrecy can be more
easily determined by EPA by using the
Federal form. State  forms that collect
information under State right-to-know
laws are covered under State
confidentiality laws.
F. Claims Under Section 313
  Trade secrecy claims under section
313 must include a copy of the toxic
release inventory form. This proposed
form is published at 52 FR 21152. Under
the proposal, the submitter must check
the box on the form indicating a trade
secrecy claim and include the generic
classification and code preassigned to
the chemical identity in S 372.42 of the
regulation. EPA is reexamining the use
of preassigned generic codes for its final
section 313 reporting rule.
  EPA must also receive a sanitized
copy of the toxic release inventory form
which is identical to the original except
that the chemical identity will be
deleted, leaving the generic class or
category. A substantiation  for each
claimed chemical  identity must also be
submitted, as described in  section II.G.
below.

C. Initial Substantiation

  All claims of trade secrecy for
chemical identity  must be accompanied
by a substantiation for each claim. EPA
is planning to use a form for this
substantiation. (Section 350.27.) EPA
believes this form will assist those
persons filing substantiations because
the substantiation questions which must
be answered are preprinted on the form.
These questions are identical to those
contained in the regulation.
  The substantiation must  contain an
answer to each of the seven questions
posed in the regulation, or  an
explanation as to why that question is
not applicable. These seven questions
are based on the four statutory criteria
in section 322(b) of Title III. EPA
received comment on the proposed
sections 311 and 312 regulation that
substantiations should only be required
after an inquiry as to the specific
chemical identity has been received by
EPA. EPA considers section
322(a)(2)(A)(ii) of the statute to require
an up-front substantiation  with each
submission. The Conference Report
states, "[A] claim [must] be documented
at the time the claim is made *  *  * the
claimant must support a claim of trade
secrecy with assertions of  fact
concerning the criteria described below
sufficient to show, if such assertions are
true, that the specific identity is a trade
secret based on those criteria." H.R.
CONF. REP. 99-062.99th Cong.. 2d Sess.
303-304 (1986).
  More than a short conclusory
statement must be made in the
substantiation. This is so because EPA
is required, under section 322(d) of the
statute, to make a determination of
"sufficiency" based upon the
information submitted in the
substantiation. To determine statutory
sufficiency, EPA must decide whether,
assuming all the information presented
in the substantiation is true, it is
sufficient to support a claim of trade
secrecy. Descriptive factual statements
are necessary for this purpose. Also.
even though submitters are permitted to
submit further detailed information after
a petition for disclosure is  received or if
EPA decides to review a claim on its
own. and EPA has found the initial
claim sufficient EPA does  not believe
that this mitigates the requirement for
up-front detailed substantiation. This

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submission of additional information.
permitted after EPA determines the
initial daim is sufficient is intended to
support the truth of the initial assertions
and may consist of information in even
greater detail than that originally
submitted, such  as marketing
information.
  The substantiation questions are
designed to elicit specific factual
information from the submitter which
will support the following section 322(b)
statutory requirements for trade secret
protection:
   (1) The submitter has not disclosed
 the information  to any other person.
 other than a member of a local
 emergency planning committee, an
 officer or employee of the United States
 or a State or local government, an
 employee of such person,  or a person
 who is bound by a confidentiality
 agreement, and such person has taken
 reasonable measures to protect the
 confidentiality of such information and
 intends to continue to take such
 measures;
   (2) The information is not required to
 be disclosed, or otherwise made
 available, to the public under any other
 Federal or State law;
   (3) Disclosure of the information is
 likely to cause substantial harm to the
 competitive position of such person; and
   (4) The chemical identity is not readily
 discoverable through reverse
 engineering.
   Information submitted in response to
 these questions should be as complete
 as possible. EPA's initial determination
 as to whether the substantiation is
 sufficient to support a claim of trade
 secrecy will be based solely on the
 information contained in the
 substantiation. Only if the initial
 substantiation includes specific
 information regarding the four factors
 listed above, will EPA consider the
 substantiation to be sufficient and allow
 the submitter to submit further
  information to show the truth of the
  assertions in the substantiation, as
  required by section 322(d) of the statute.
 The specific criteria for determining
  whether the substantiation meets the
  four statutory requirements are set forth
  in § 350.13.
    There are currently seven
  substantiation questions in § 3S0.7(a) of
  this regulation. EPA considered the
  alternatives of (a) requiring more
  detailed initial substantiations and (b)
  requiring no more than a statement of
  the four factors listed above.
     Under the first alternative, the Agency
  considered initially requiring detailed
  substantiation like that which must be
  provided for chemical Identity claims for
  TSCA section S Notices of
                          Commencement of Manufacture or
                          Import. 40 CFR 72Q.85(b). However, this
                          was considered to be overly
                          burdensome to the submitter moreover.
                          under section 322(d). the Agency may
                          later obtain more detailed information
                          from a submitter to show the truth of the
                          assertions in the initial substantiation.
                            The second alternative would neither
                          meet the requirements of section 322(a)
                          nor provide EPA with the necessary
                          information  to make the determination
                          of sufficiency required by section 322(b).
                          EPA cannot determine the sufficiency of
                          a claim based upon conclusory
                          statements that for example, disclosure
                          of the chemical identity would cause
                          substantial harm to the competitive
                          position of the submitter. In order for
                          EPA to evaluate such a claim, the
                          Agency would need more information
                          such as the specific use of the substance
                          claimed as trade secret and the value to
                          competitors of knowledge of the
                          presence of the chemical at the facility.
                          If the submitter provided only
                          conciusory statements, this would
                           require the Agency to make  further
                           inquiries of each  submitter to gain
                           further detail, a time-consuming and
                           costly effort
                             Submitters must include a
                           certification with the substantiation,
                           signed by an officer of the submitter.
                           that the information included in the
                           substantiation is true, accurate and
                           complete to the best knowledge and
                           belief of the submitter. This certification
                           is printed on the  substantiation form.
                             Trade secrecy  claims with missing
                           substantiations or those lacking a
                           response to each question will be
                           rejected without notice to the submitter,
                           and the chemical identity will be made
                           available to the public. Failure to submit
                           a substantiation with a trade secret
                           claim  could make a submitter liable for
                           a fine of up to $10000 per violation.
                           under section 325(c).
                            H. Claims of Confidentiality in the
                            Substantiation
                              Sometimes the submitter may need to
                            refer to the chemical identity claimed as
                            trade secret in the substantiation for
                            that chemical. Also, in order to supply a
                            complete explanation of its claim of
                            trade secrecy, die submitter may include
                            other trade secret or confidential
                            business information in the explanation.
                              Section 322(f) allows submitters to
                            claim as confidential in the
                            substantiation any information which
                            falls within IB U.S.C. 1905. the Trade
                            Secrets Act This includes not only trade
                            secret chemical identity but other trade
                            secret information, as well as any
                            confidential business information. Ta do
                            this, the submitter must clearly label
what information it considers to be
trade secret or confidential. This copy of
the substantiation is to be submitted to
EPA. along with a sanitized copy; In the
sanitized copy of the substantiation, the
submitter will delete all of the claimed
trade secret or confidential business
information. If any of the information
claimed as trade secret on the
substantiation is the chemical identity of
a claimed chemical, then the submitter
should include the appropriate generic
class or category of that chemical on the
sanitized version of the substantiation.
   No substantiation needs to be
submitted for information that the
submitter includes in the substantiation
and claims as trade secret or
confidential. The submitter need only
include a certification at the bottom of
 the substantiation, signed by an officer
 of the submitter, that the information
 claimed confidential in the
 substantiation would, if disclosed.
 reveal other reveal other business or
 trade secret information. This statement
 is included in the certification on the
 substantiation form. The claims of trade
 secrecy and confidentiality for
 information submitted in the
 substantiation are not subject to  the
 petition process described below
 because this process applies only to
 claims of trade secrecy for the chemical
 identity made under Title ffl. Instead.
 requests for disclosure of other trade
 secret or confidential material must be
 submitted pursuant to the Freedom of
 Information Act regulations under 40
 CFR Part 2.
 /. Submissions to State and Local
 Authorities
    If a trade secrecy claim is made with
  respect to a particular submission, only
  the sanitized version of the submission
  should be sent to the appropriate State
  or local authorities. Section 322(a)(2)(iiJ
  also requires that a substantiation be
  included with the Title DI submittal
  Therefore, only the sanitized version of
  the accompanying substantiation should
  be sent to the appropriate State and
  local authorities. If a version of a form
  or a substantiation containing trade
  secret information is sent to a State or
  local authority by the submitter, it will
  constitute public disclosure of the
  information, and the claim will be
  considered invalid.
   in. Petition Requesting Disclosure of
   Chemical Identity Claimed as Trade
   Secret
     Section 322 provides for a public
   petition process to request the
   disclosure of chemical identity claimed
   as trade secret This petition process is

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 applicable only to a chemical identity
 claimed as trade secret. If requesters
 desire access to items other than
 chemical identity claimed as trade
 secret or confidential in Title III
 submissions (that is. items claimed as
 confidential m the substantiation), such
 requests for disclosure must be made
 pursuant to EPA's Freedom of
 Information  Act regulations under 40
 CFR Part 2.
   The petition requesting disclosure
 must include the petitioner's name.
 address, and telephone number. It must
 also include the sanitized copy of the
 submission (e.g., the MSDS, toxic
 chemical release form) in which the
 chemical is claimed as trade secret, and
 the petitioner must clearly indicate on
 the form which chemical identity is
 requested for disclosure. Copies of the
 sections 303 (d){2) and (d}(3) filings are
 available at a location designated by the
 local emergency planning committee.
 Copies of the sections 311 and 312 filings
 are available at locations designated by
 the State emergency response
 commission and the local emergency
 planning committee. Copies of the
 section 313 filings are available from the
 public data base maintained by EPA
 and from the designated State agency.
   EPA is requiring a copy of the
 submission in the proposed rule but has
 also considered requesting only a
 reference to the submission. The Agency
 prefers to require a  copy in order to
 prevent any confusion about what
 disclosure the petitioner is requesting.
 Public comment is invited on this issue.
   As soon as the petition is filed. EPA
 will begin the process of reviewing the
 trade secrecy claim. The time for
 processing the petition may vary, but the
 statute requires EPA to reach a decision
 within 9 months.

 IV. EPA Review of Trade Secrecy
 Claims

   Section 322 defines the process by
 which EPA determines whether a
 claimed chemical identity is entitled to
 trade secrecy. First. EPA must decide
 whether the answers to the
 substantiation questions are, if true,
 sufficient to support the conclusion that
 the chemical  identity is a trade secret.
 This is the determination of sufficiency
 referred to in the statute and is made
 prior to any determination on the
 validity of the trade secrecy claim. The
 statute requires EPA to follow different
 procedures depending on whether EPA
 decides the answers to the
substantiation questions are sufficient
or insufficient.
 A. Overview of the Process
   After receiving a petition requesting
 disclosure of chemical identity. EPA has
 30 days to make a determination of
 sufficiency. If the claim meets EPA's
 criteria of sufficiency. EPA will notify
 the submitter that he has 30 days from
 the date of receipt of the notice to
 submit supplemental material in writing.
 supporting the truth of the assertions
 made in the substantiation. If this
 additional information is not
 forthcoming. EPA will make its
 determination based only upon
 information previously submitted in the
 substantiation. Also, failure to  provide
 such additional material may make the
 submitter liable for a fine of up to
 $10.000 per violation, under section
 325(c).
   If the claim does not meet the criteria
 of sufficiency, EPA will notify the
 submitter, who may either file an appeal
 within 30 days to the Office of  General
 Counsel  or. for good cause shown.
 amend the substantiation in support of
 its claim.
   Once a claim has been determined to
 be sufficient, EPA must decide  whether
 the claim is entitled to trade secrecy. If
 EPA determines that the facts support
 the claim of trade secrecy, the petitioner
 will be notified. If the chemical identity
 is determined not to warrant trade
 secrecy,  the submitter will be notified.
   The statute provides for intra-agency
 appeal by the submitter to appeal
 adverse decisions and for U.S.  District
 Court review after intra-agency appeal.
 This process is explained below in more
 detail.

 B. Determination of Sufficiency
   A person withholding specific
 chemical identity from a submission
 under Title III must make specific
 factual assertions that are sufficient to
 support a conclusion that the chemical
 identity is a trade secret. These
 assertions are made by completely
 answering all of the questions listed in
 § 350.7 of the regulation. These
 questions will provide answers to the
 four requirements set forth in section
 322(b) of the statute for claims of trade
 secrecy.
   Section 350.13 of the regulation sets
 forth criteria for use by EPA in
 determining whether the answers in the
 substantiation fully meet the
 requirements for section 322(b). The
 criteria listed in § 350.13 can also serve
 as a guideline for persons preparing
substantiations.
  To support the first criterion,  the facts
must show that reasonable safeguards
have been taken against unauthorized
disclosure of the specific identity, and
 that the specific chemical identity has
 not been disclosed to any person not
 bound by a written confidentiality
 agreement including local. State or
 Federal government entities.
   In support of the second criterion, the
 submitter must show that the chemical
 identity claimed as trade secret is not
 required to be released: (1) Under a
 determination by a State or Federal
 agency that the chemical identity in
 question is not a trade secret, or (2)
 under a State or Federal statute which
 does not allow the chemical identity to
 be claimed as trade secret.
   To show that disclosure of the
 information is likely  to cause substantial
 competitive harm, under the third
 criterion, the facts must show that either
 competitors do not know that the
 substance can be used in the fashion
 used by the submitter and that
 duplication of the specific  use cannot be
 determined by competitors' own
 research activities or that competitors
 are unaware that the submitter is using
 the substance in this manner.
   Finally, it must also be shown that
 competitors cannot reasonably learn the
 specific chemical identity through
 reverse engineering analysis of the
 submitter's products or environmental
 releases. For this criterion, EPA will be
 relying on changes made to OSHA's
 Hazard Communication Standard in
 response to the case of United
 Steelworker's v. Auchter. 763 F. 2d 728
 (3d Cir. 1985). These  regulations are set
 forth at 50 FR 48750 (November 27,
 1985), and 51 FR 34590 (September 30.
 1986). In  these regulations. OSHA made
 clear that it was adopting the definition
 of trade secrecy set forth in the
 Restatement of Torts, section 757. The
 Restatement definition of trade secrecy
 does not include chemical  identities
 which are readily determmable by
 reverse engineering. The OSHA
 preamble states, "If the specific
 chemical identity of a component can be
 readily determined, it does not qualify
 as a legitimate trade  secret. If the
 product is a complex mixture, and
 extensive analysis would be required to
 determine its ingredients, it is more
 likely that the product would qualify for
 some trade secret status." 51 FR at 48753
 (November 27.1985).
  If the substantiation does contain
 sufficient answers, EPA will notify the
 submitter by certified mail. Under the
 statute, a finding of sufficiency
 automatically entitles the submitter to
 submit supplemental  information  to
 support the truth of the answers
contained in the substantiation. This
could include any information or
documents which would demonstrate

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the veracity of the submitter's
substantiation, or provide even greater
detail in support of the submitter's
claim. Upon receiving EPA's request for
supplemental information, the submitter
will have 30 calendar days to submit the
information. If EPA does not receive the
supplemental information within this
time, it will make a trade secret
determination based upon the
information already submitted. Failure
to submit such information, however.
may make the submitter liable for a fine
of up to $10,000 per violation, under
section 325(c).
C. Determination of Insufficiency
   If a substantiation does not contain
answers sufficient to support the four
requirements of section 322(b), then EPA
will find that the trade secret claim is
insufficient The submitter will be
notified by certified mail of EPA's
Finding of insufficiency. The submitter
may either appeal EPA finding to EPA's
Office of General Counsel or may
amend his original substantiation if it
demonstrates good cause to do so.
   Good cause is limited  to the following:
   (1) The submitter was not aware of
the facts underlying the additional
information at the tune the original
substantiation was submitted, and could
not reasonably have known the facts at
that time: or
   (2) Neither EPA regulations nor other
EPA guidance called for such
information at the time the original
substantiation was submitted.
   The submitter must notify EPA by
letter of his contention [1 or 2) as to
good cause and should include in that
 letter the additional supporting material
 EPA will notify the submitter by
certified mail if the good cause standard
has not been met and the additional
 supporting material will not be
 accepted. The submitter may then seek
 review in U.S. District Court. If after
 acceptance of additional supporting
 material for good cause. EPA decides
 the claim is still insufficient, the
 submitter will be notified by certified
 mail and may seek review in U.S.
 District Court
    If EPA reverses itself on appeal or
 after accepting additional assertions for
 good cause, and decides that the trade
 secret claim  is sufficient, then the claim
 will be processed as though it had been
 initially  found to be sufficient. If upon
 appeal. EPA makes a final
 determination that the original answers
 in the substantiation were insufficient.
 the submitter may request review in U.S.
 District Court within 30 days of
 notification of the final  determination.
    The Small Business Administration
 has commented that the good cause
                          standard should include the
                          circumstance where a submitter
                          mistakenly does not provide information
                          but otherwise acts in good faith to
                          comply with the rule. EPA believes this
                          is a valid point although it has not
                          included this circumstance as one of the
                          good cause exceptions in the proposed
                          rule. EPA requests comment as to
                          whether this exception should be
                          included in the final rule.

                          D Determination of Trade Secrecy

                            All claims determined to be sufficient
                          either initially, after appeal, or after
                          acceptance of additional material for
                          good cause, will be examined in order to
                          determine whether a valid claim of trade
                          secrecy is presented. In making a
                          determination of trade secrecy. EPA will
                          examine all four factors under  section
                          322(b).
                            If EPA decides  that the chemical
                          identity is a trade secret, the petitioner
                          shall be notified by certified mail and
                          may seek review  in U.S. District Court.
                          If EPA  decides that the chemical
                          identity is not a trade secret the
                          submitter shall be notified by certified
                          mail and may appeal this determination
                          to EPA's Office of General Counsel
                          within  30 days. If EPA does not reverse
                          its decision on appeal, the submitter
                          may seek review in U.S. District Court
                           within  30 days of notification of the final
                          determination.

                           £. Enforcement

                             Section 325(d) authorizes the
                           Administrator to assess a civil penalty
                           of 525.000 per claim against a trade
                           secret claimant if the Administrator
                           determines that a trade secret claim is
                           frivolous. Section 325(c) authorizes  the
                           assessment of a civil penalty of $10,000
                           per violation for any person who fails to
                           furnish a substantiation or supplemental
                           information requested by the Agency.
                           These  penalties can be assessed by
                           either administrative order or through
                           the appropriate U.S. District Court.

                           V. Relation of Section 322 to Other
                           Statutes
                           A. Relationship to State Confidentiality
                           Statutes
                             Section 321 of Title III provides that
                           nothing in Title III "shall preempt any
                           State or local law." This means that the
                           confidentiality requirements of Title HI
                           are not to displace state confidentiality
                           requirements under State Right-To-
                           Know Acts. A State can still prescribe
                           the type of information it will classify as
                           confidential when it gathers information
                           for its own use under a State law, such
                            as a Rixht-To-Know Act.
  A question has been raised as to what
effect State confidentiality statutes will
have on information submitted under
Title III to State and local authorities.
State confidentiality statutes do not
govern information gathered under
Federal law. here Title IIL State
confidentiality statutes only apply to
information collected pursuant to State
law for State use. When information is
gathered under Title III, the Federal
confidentiality requirements of section
322 apply regardless of whether the
information is sent to a State or Federal
agency because the information is being
gathered pursuant to a Federal statute
In stating this. EPA is assuming that
local emergency planning committees
will be asking facilities only for
information properly falling under Title
III. EPA has published guidance to aid
committees in gathering this
information. This guidance is entitled
the Hazardous Materials Emergency
Planning Guide. It is available by
writing to the Hazardous Materials
Emergency Planning Guide. 401 M Street
SW.. Mail Code WH 562-A.
Washington. DC 20460. Additional site-
specific technical guidance for hazards
analysis will be available this fall. A
notice announcing this availability will
appear in the Federal Register.
   State confidentiality statutes may
 affect Title III information, however, in
 that if State trade secrecy regulations
 prohibit claims of trade secrecy under
 State law for information that a
 submitter must'also report under Title
 HI. then under the  substantiation
 provisions of Title HI. a facility will not
 be able to justify withholding the
 information under Title IIL
 B. Overlap with Other EPA-
 Administered Statutes

   Information collected pursuant to EPA
 regulations under  statutes other than
 Title III may be similar to that collected
 under Title III. For purposes of
 confidentiality, information should be
 claimed as confidential and will be
 treated by EPA as is required by the
 statute under which it is collected.
 However, the mandatory release of
 information under one statute may
 affect its trade secret status under
 another statute.
 C. Relationship to Freedom of
 Information Act
   The procedures set oul in section 322
 apply only to claims of trade secrecy for
 chemical identity made under Title fTI
 Pursuant to section 3221 f). however.
 submitters may claim as trade secmt
 any other confidential business or trade
 secret information which is included in

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              Federal Register  /  Vol 52.  No. 199 / Thursday.  October 15,  1987 / Proposed Rules	38321
the substantiation, or supplemental
information submitted in the petition
process. Requests for disclosure of this
material must be submitted under the
Freedom of Information Act regulations
dt 40 CFR Part 2. EPA will make
determinations regarding the disclosure
of this material under those regulations
VI. Release of Trade Secret Information

 I  Releases to States
  Under section 322(h). the States, either
the governors or the State emergency
ipsponse commissions, must provide to
Hiiy requesting person the adverse
Vrilth effects associated with extremely
hazardous substances (section 303) and
hcizardous chemicals (sections 311 and
312] claimed as trade secret. The States
Mill not have direct access to the
identities of chemicals claimed as trade
secret in preparing adverse health
effects descriptions. However, the States
have information on health effects in the
MSDSs submitted under section 311 for
this purpose. The MSDS is required to
include such information for any
substance claimed as trade secret. Thus.
governors or State commissions should
not be hindered in meeting their
responsibilities to provide descriptions
of adverse health effects.
  Under Title III. EPA is required to
provide to the States, upon request by
the governor, any trade secret
information submitted to EPA. Thus, if a
Stale wished to request the chemical
identities of any or all chemicals
claimed as trade secret in the State, EPA
will provide this information to the State
governor, upon request.
  This proposed regulation contains
certain requirements intended to
safeguard the disclosure of trade secret
information released to the States. The
Agency is concerned that there is a
potential for leakage of Title III
information used by various State
agencies unlpss information is carefully
guarded.
  The proposed regulation specifies that
the State governor can release trade
secret information only to State
employees. This  requirement has the
effect of preventing disclosure of trade
secret information to State emergency
response commissions (SERCs),
although the SERCs are allowed by
statute to identify adverse health
effects. The SERCs are appointed by the
governors and are comprised of
members who have technical experience
m the emergency response field,
including industry representatives that
meet this qualification. Rather than
impose restrictions on SERC
membership or jeopardize the
confidentiality of trade secrets, the
regulation confines the disclosure of
trade secret information to State
employees. Also. State employees who
knowingly and willfully disclose trade
secret information are subject to a Fine
and possible conviction under section
325(d](2)
  The Agency is requiring that States
treat all trade secret information as
limited access information to be used by
the States only by staff observing
security procedures equivalent to those
of EPA The Agency feels that this
approach is appropriate to adequately
protect trade secret information. EPA
will publish information on security
pro(,edii'*s in the future
  The Agency is requesting comments
on all dspects of disclosure of trade
secret information to State governors
B. Releases to Authorized
Representatives of EPA
  In addition to contractors and
subcontractors. EPA has recently begun
to use grantee personnel to perform
Agency functions. The Agency believes
it is appropriate to designate them as
"authorized representatives," along with
Federal contractors and subcontractors.
as that term is used in this regulation.
Full confidentiality protection would be
required, as with contractors. Comment
is requested on this issue.
VII. Disclosure to Health Professionals
  Section 323 of Title III consists of
three provisions regarding access to
chemical identity information by health
professionals. These provisions require
the facility owner or operator to disclose
chemical identity, including trade secret
chemical identity, to a health
professional for diagnosis or treatment
in both non-emergency and emergency
situations, and for purposes of
conducting preventive research studies
and providing medical treatment by a;
health professional who is a local
government employee. The health
professional must sign a statement
regarding his need for the chemical
identity, and a confidentiality
agreement prior to disclosure, except in
emergency situations, when these two
documents may be delivered later.

A. Non-emergency Diagnosis or
Treatment
  The first provision, part (a) of section
323. requires that in non-emergency
situations, an owner or operator of a
facility which is subject to the
requirements of sections 311. 312 or 313.
shall provide the specific chemical
identity, if known,  of a hazardous
chemical, extremely hazardous
substance, or a toxic chemical to a
health professional who requests the
identity in writing and describes a
reasonable basis for suspecting that the
specific chemical identity is needed for
diagnosis or treatment of an individual
or individuals who have been exposed
to the chemical concerned  The health
professional must also state that
knowledge of the specific chemical
identity will assist in diagnosis or
treatment of the exposed individuslls)
The health professional must certify ihnt
the information contained in the
statement of need is true and accuse
The health professional onus! also
prcnide a signed confidentiality
agreement to the facilih pnor  !o "riming
access to trade secret rhnw.d icit.nniv
Any health pioiessiona1 pbrfr.rmmg
diagnosis or treatment, no: solely
doctors or nurses, is peimitted access to
trade secret chemical identity  in d non-
emergency situation. The request for
and safeguarding of trade secrets is a
serious responsibility and EPA urgi-s
health professionals to use other
available information about a  cherrm.ciJ
for diagnosis, treatment, or research
studies if possible

B Emergency Situations

  The second provision of section 323
deals with medical emergencies and
requires an owner or operator of a
facility subject to the requirements of
sections 311.312 or 313 to immediately
provide a copy of an MSDS. an
inventory form, or a toxic chemical
release form, including the specific
chemical identity, if known, of a
hazardous chemical, extremely
hazardous substance,  or a toxic
chemical, to any treating physician or
nurse who requests the information and
has determined that a medical
emergency exists and that the specific
chemical identity of the chemical is
necessary for emergency or first-aid
diagnosis or treatment of an exposed
individual or individuals. Only a treating
physician or nurse can gain access to a
trade secret chemical under this
provision; these health professionals
must use their professional judgment to
determine whether a medical emergency
exists. The requesting physician or
nurse in such an emergency does not
need to submit a written confidentiality
agreement or statement of need prior to
receiving the trade secret chemical
identity. The owner or operator
disclosing such information may,
however, require a written
confidentiality agreement and a
statement of need as soon as
circumstances permit The fact that H
treating physician or nurse does not
need to submit a confidentiality
agreement or statement of need before

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38322        Federal Register / Vol.  52. No. 199  /  Thursday. October 15. 1987 / Proposed_Rule9_
receiving the requested information does
not imply that the information received
may be used in any manner other than
the proper treatment and diagnosis of a
chemically related injury or illness. The
chemical identity absolutely may not be
disclosed or used for any other purpose.
encourage requesters to understand the
serious responsibility involved in
handling trade secret material. The
certification must be signed by the
health professional and must state that
the information contained in the
statement of need is true.
C. Preventive and Treatment Measures    E. Confidentiality Agreement
  The third provision of section 323
deals with preventive and treatment
measures by local health professionals.
This subsection is intended to allow
local health professionals access to
information on chemicals in order to
facilitate epidemiological and
lexicological research and to render
medical treatment for the effects of
chemical exposures. This subsection
requires an owner or operator of a
facility to promptly provide the specific
chemical identity, if known, of a
hazardous chemical, an extremely
hazardous substance, or a toxic
chemical to any health professional who
is a local government employee or under
contract with a local government who
submits a request in writing and
provides a written statement of need
and a confidentiality agreement. The
statement of need must describe one or
more of the needs set forth in the
 regulations.
   Under this section of the statute. EPA
 interprets the term health professional
 to be any health professional with the
 professional expertise to perform the
 types of research and treatment set forth
 in the statute, and who is employed by
 the local government. Under this
 section, such health professionals as
 physicians,  lexicologists and
 epidemiologists may gain access to
 trade secret chemical identity.

 D. Statement of Need
   Unlike the Occupational Safety and
 Health Act Hazard Communication
 Standard, the health professional
 providing medical treatment will not be
 required to  explain in detail in the
 statement of need why the disclosure of
 the specific chemical identity is
 essential, and that in lieu thereof, the
 disclosure of the following information
 would not enable the health
 professional to provide the medical
 services: (a) The properties and effects
 of the chemical, (b) measures  for
 controlling the public's exposure to the
 chemical, (c) methods of monitoring and
 analyzing the public's exposure to the
 chemical, and (d) methods of diagnosing
 and treating harmful exposure to the
 chemical. EPA requests comment  on
 whether this information should be
  included in the statement of need.
    EPA decided to require certification in
  the statement of need in order to
  The confidentiality agreement
required of the health professional must
state that the health professional will
not use the trade secret chemical
identity for any purpose other than the
health needs asserted in the statement
of need, or as may otherwise be
authorized by the terms of the
agreement itself. This agreement may be
negotiated between the health
professional and the facility.
   At a minimum, the written
confidentiality agreement shall include a
description of the procedures to be used
to maintain the confidentiality of the
disclosed information and a statement
by the health professional that he will
not use the information for any purpose
other than the health needs asserted in
 the statement of need. Also, the health
 professional must agree not to release
 the information under any
 circumstances, except as authorized by
 the terms of the agreement. For example,
 the terms of the agreement could specify
 that the health professional may release
 the trade secret chemical identity to
 other health professionals if the
 professionals work on a daily basis with
 each other and  routinely rely on each
 other's expertise for needed advice. The
 agreement could also specify that the
 first health professional may disclose
 the trade secret chemical identity to
 other health professionals if such
 disclosure is necessary in order for the
 first professional to learn necessary
 information in order to render a
 professional opinion. Except in those
 instances specified in the confidentiality
 agreement, the health professional may
 not be permitted to release the
 information to other health
 professionals. The health professional
 may not be permitted to write articles
  for medical journals or to go on speaking
  tours discussing the chemical involved if
  such activity could result in the
  disclosure of the identity of the chemical
  and the facility's relationship to that
  chemical. Such activities could be
  permitted, however, if the link between
  the facility and the chemical identity
  would not be revealed.
     The agreement may provide for
  appropriate legal remedies in the event
  of a breach, including a reasonable pre-
  estimate of damages. However, the
  agreement cannot include a requirement
  that a penalty bond be posted. This
would have a chilling effect on the
health professional community. The
Agency believes that the underlying
purpose of the confidentiality agreement
is to protect a facility's trade secret
chemical identity from unlimited and
unbridled disclosure, not to make it
overly burdensome or difficult for the
health professional to obtain the specific
identity of a chemical.
  This confidentiality agreement is
subject to State law and State
contractual remedies. The agreement
can specify the law of the State that will
apply. Also, nothing in this regulation
precludes the facility or health
professional from pursuing non-
contractual remedies to the extent
permitted by law.

F. Related Issues

   Following the receipt of a written
request, the facility owner or operator to
whom such request is made shall
 promptly provide the requested
 information to the health professional.
 EPA has considered specifically defining
 "promptly" and "immediately" to mean
 a particular number of days. However,
 EPA is concerned that defined times will
 limit the speed of response. Comment is
 requested  on this issue. The statute
 requires "immediate" provision of data
 in the case of medical emergencies and
 EPA interprets this to mean that the
 owner or operator will provide the data
 over the telephone, without requiring a
 written statement of need or a
 confidentiality agreement in advance.
 Comment is also requested on this issue.
    The Agency is aware of the possible
 situation where the owner or operator of
 a facility is unable to provide the
 chemical identity because the
 manufacturer of the chemical has kept
  the identity confidential. In these
  situations, EPA suggests that the  owner
  or operator of the facility put the
  requester in touch with the supplier of
  the chemical, but the facility is not
  responsible for supplying information
  which it cannot obtain for itself. EPA
  requests comment on this approach.
    The regulation authorizes health
  professionals to refer to trade secret
  chemical identity in discussions with
  EPA personnel, who themselves are
  authorized to have access to Title III
  trade secret information. This is based
  on a provision of the OSHA Hazard
  Communication Standard. If this
  provision was not included in the
  regulation and the confidentiality
  agreement does not so provide, the
  health professional would not be
  permitted to reveal or refer to any trade
  secret identity information in

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              Federal Register  /  Vol.  52. No. 199 / Thursday. October 15. 1967  /  Proposed Rules
discussions with EPA. EPA requests
comment on this issue.
  EPA construes section 323 to mean
that a facility is not permitted to deny
disclosure of a specific chemical identity
to a health professional under any
circumstances provided there is a
written statement of need and a
confidentiality agreement. Section 325[cj
empowers EPA to assess civil penalties
of up to $10.000 for failure to disclose the
trade secret  chemical identity to health
professionals in emergency situations,
as required by Section 323(b). Health
professionals may also sue under
section 325(e) in U.S. District Court to
obtain the information.
vm. Summary of Supporting Analyses
4. Regulatory Impact Analysis
  l. Purpose. Executive Order No. 12291
requires each Federal agency to
determine if a regulation is a "major"
rule as defined by the Order and to
prepare and  consider a Regulatory
Impact Analysis (RIA) in connection
with each major rule. EPA has
determined that the requirements and
procedures for treatment of chemical
data considered to be trade secret by
facilities reporting under other sections
of Title III in this rulemaking does not
constitute a major rule under Executive
Order No. 12291. However, the Agency
has prepared an RIA to  assess the
economic impact of the  final regulation
on affected industry and government
entities. The following results are
presented in detail in the analysis
documented in Regulatory Impact
Analysis in Support of Proposed
Rulemaking  Under Sections 322-323 of
the Superfund Amendments and
Reauthorization Act of 1986, which is
available for review in the public  docket
for this rulemaking. This regulation was
submitted to the Office of Management
and Budget (OMB) for review as
required by E.O. No. 12291.
  2. Methodology and Data Sources.
EPA conducted an assessment of the
costs, benefits, and economic impacts
associated with the final rule and the
primary provisions of sections 322 and
323, including: Preparation of trade
secrecy claims by facilities; processing
and storage of trade secret reports by
EPA: provisions by EPA and the States
of health effects information for
chemicals whose identities are withheld
as trade secrets; and special access
procedures under which facilities must
promptly provide chemical data to
members of the health profession. Both
industry and government are required
by sections 322 and 323 of title ID to
undertake certain activities, and thus*
both types of entities will incur costs to
comply with this regulation
implementing these sections.
  Benefits for both facilities and
government may also arise in
conjunction with trade secret activities.
In addition, industry, government and
other groups may, as a result of this
regulation, undertake additional
voluntary activities that generate
benefits both for these groups as well as
the general community.
Interrelationships among the activities
undertaken by the various affected
groups, the provisions of Title ID. and
potential consequences for health and
the environment are complex. Thus, time
constraints did not permit EPA to
perform a quantitative evaluation of the
benefits of these provisions; a
qualitative discussion of the benefits is
provided in the RIA.
  Costs of complying with sections 322
and 323 of Title III are incurred by
facilities and the Agency in terms of the
following major activities: protection of
trade secrets for facilities complying
with sections 303(d)(2). 303(d)(3). 311.
312. and 313; the petition and review
process designed to ensure that the
public obtains access to reported
information that is found to not warrant
trade secrecy protection: provision of
adverse health effects information in
lieu of chemical identities where
facilities have disclosed only generic or
category information on the materials
involved; and. special access, as needed.
for members of the health profession for
diagnosis, treatment, medical
emergency, and health study purposes.
Total costs of these activities are highly
sensitive to assumptions concerning:
The number of reports submitted by
facilities under sections 303.311.312.
313; the number of reports for which
facilities claim trade secrets; the number
of petitions submitted by the public to
challenge facility claims of trade
secrecy, the number of health officials
requesting trade secret information and
the unit costs associated with each of
the activities.
  Both the industry and government
analyses assume that reporting and
receiving entities undertake the
minimum activities that they must
perform to comply with Title IIL The
anlaysis. therefore, does not take  into
account the costs  associated with
voluntary activities, alterations in
chemical usage patterns that may arise
at facilities as a result of other sections
of Title IIL or other activities or effects.
  Several supplemental analyses  were
performed to provide evidence on the
sensitivity of the results to changes in
various assumptions of the
methodology. In particular, a sensitivity
model was performed of the potential
variability of substantiation costs
reflecting EPA's list of questions that it
feels are necessary to establish the
sufficiency and validity of a claim for
trade secrecy; and. the assumption thai
facilities will answer the questions with
reasonably detailed research and
responses. Also included is an analysis
of the effects of sections 322 and 323 on
small businesses and the analytical
factors affecting whether a Regulatory
Flexibility Analysis would be required
for the proposed regulation. In
particular, a definition of small
businesses or entity sizes was set forth
and a determination as to whether the
regulation will have a significant impact
upon a substantial number of small
entities was considered.
  3. Results. The RIA analyzes the
specific requirements of sections 322
and 323 as established by the statute
and the proposed regulation
implementing these sections of the Act.
The RIA analyzes four activity areas
under sections 322 and 323 for facilities
and EPA. in particular Preparation.
processing and storage of trade secret
reports, petition and review process.
provision of adverse health effects
information, and disclosure of
information to health professionals
  a. Preparation, Processing and
Storage of Trade Secret Reports. A
facility must prepare a trade secret copy
of a given Title HI report and send it to
EPA with an accompanying trade
secrecy substantiation. A trade secrecy
substantiation (based upon the proposed
form) costs approximately from $380 to
$1,040  for the Brst chemical that a
facility claims as trade secret
depending upon the level of effort a firm
puts into responding to questions on the
proposed form. Given certain
possibilities for economies of scale
where a facility provides
substantiations for more than one
chemical each additional substantiation
is estimated to cost $220 to $560 for the
facility to prepare (these costs do not
include the costs of preparing the non-
trade secret copy of a Title III report).
  EPA will incur costs for processing
and storing each of the reports
containing trade secret information. EPA
will treat as confidential any
information properly claimed as trade
secret  until a review is conducted
demonstrating otherwise. The cost to
EPA of processing (logging in) and
storing (filming, microfilming) trade
secret  reports is estimated to be less
than $10 per report.
  b. Petition and Review Process. A
major provision of section 322 is the
opportunity for members of the public to

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38324
Federal Register  /  Vol. 52. No. 199 / Thursday. October 15. 1987 / Proposed Rules
challenge a facility's claim to the trade
secrecy of a chemical's identity through
a petition and review process
administered by EPA. The estimated
costs of the three most likely scenarios
of the petition and review process
include cases where a facility is found
to have a claimed trade secret without a
valid basis; a case where the facility has
a valid basis; and, a case with many
complications in the petition and review
process.
   In the cases where a facility claims a
trade secret without a valid basis.
petitioner costs are estimated to be $75
per petition. EPA costs are $593 per
petition, and. facility costs are $222 per
petition. In the cases where a facility
has a valid basis, petitioner costs and
facility costs remain the same with an
EPA  cost of $388 per petition. In cases
with  many complications in the petition
and review process, the petitioner cost
are $75 per petition, but EPA costs could
be $1.325 per petition, and facility costs
are $1,048 per petition.
   c. Provision of Adverse Health Effects
Information. A responsibility is created
 under section 322 to provide requesters
 with information on the health hazards
 of chemicals where specific chemical
 identity is withheld as trade secret
 There is no additional cost to the
 Agency here; the States will be able to
 use the MSDSs to provide the public
 with adverse health effects for
 chemicals claimed as trade secret under
 sections 303.311 and 312. The Agency
 will  already have a listing on the section
 313 database of adverse effects for
 chemicals claimed as trade secret under
 section 313.
    d. Disclosure of Information  to Health
 Professionals. Section 323 provides for
 special access to reported data for
 health professionals. There are three
 circumstances for which section 323 sets
 up special access for health
 professionals to specific chemical
 identities or reports: diagnosis or
 treatment, medical emergencies, and
 preventive studies of exposure or
 treatment by local health professionals.
    e. Aggregate Costs. Total costs (both
 for facilities and for EPA) are largely
 related to the number of trade secret
 claims made in any time period. These
 are  expected to total about $48 million
 in the first year, drop to $13 million in
  the  second, rise to $169 million in the
  third, and level off at $23 million for
  each succeeding year.
    The total cost picture is dominated by
  trade secret claims associated with the
  submission of MSDSs under section 311.
  Over the first ten years of the program.
  these trade secret claims are estimated
  to account for over 90 percent of all Title
  in trade secret claims.
                            The aggregate cost of preparation.
                          petition and review, health effects
                          descriptions, and disclosure of
                          information to health professionals of
                          Title III reports in this medium case
                          projection in present value terms over 10
                          years, at a 10 percent real discount rate
                          will be $263 million to facilities, and $3.8
                          million for EPA.
                            The aggregate cost of the preparation,
                          petition and review process, health
                          effects descriptions, and disclosure of
                          information to health professionals in
                          present value terms over 10 years,  at a 4
                          percent real discount rate will be $329
                          million to facilities, and $4.8 million for
                          EPA.
                             With the section 311 and 312 rules so
                          recently published by EPA. and with the
                           publication on August 24.1987. of the
                           OSHA rulemaking expanding coverage
                           of facilities required to report under
                           sections 311 and 312, EPA has not  been
                           able to estimate accurately the added
                           costs of the trade secret provisions.
                           However, analysis conducted for the
                           sections 311/312 rulemaking estimates
                           that the total number of reports to be
                           filed would roughly double, as compared
                           with the coverage prior to the OSHA
                           expansion. EPA intends to look further
                           into the effects of the OSHA expansion
                           prior to promulgation of this rule and
                           requests information from commentors
                           on how unit costs might differ for  the
                           newly covered facilities and the likely
                           frequency of trade secret claims.
                             f. Benefits. Section 322 fosters benefits
                           both directly and indirectly. Direct
                           benefits include the following: Facilities
                           are given protection of trade secrets
                           involving their chemicals, which by
                           definition involve information that
                           allows particular firms competitive
                           advantages over others; the public is
                           given a petition and review process that
                           allows them to challenge the validity of
                           trade secrecy claims through an
                           administrative review process; the
                           substantiation requirements will limit
                            the number of trade secrecy claims to
                           cases where firms believe that they have
                            a bona fide basis for trade secrecy; and.
                            information on the health hazards of
                            chemicals is made available to the
                            public while the specific chemical
                            identities are kept from disclosure
                            where facilities have established valid
                            trade secrecy claims. The first two
                            benefits serve to reduce the costs that
                            are incurred by virtue of the other Title
                            III sections (i.e., costs that were not
                            accounted for in the other RIA's).
                            Indirectly, section 322 has benefits as an
                            auxiliary section that makes detailed
                            reporting under sections 303(d)(2),
                            303(d)(3). 311.312. and 313 practical.
                            given the competing interests of
                            facilities with a need for protection of
trade secrets and the public with a need
to know about exposure to chemical
health hazards. Without the protections
of section 322. many facilities would be
reluctant to rally disclose the
information required under Title III and
as a result the efficacy of the entire
program would be compromised.
Allowing trade secrecy claims
effectively encourages complete
reporting and thus increases the benefits
of the entire Title III program.
  Section 323 offers specific benefits in
the case of medical emergencies, where
exposure to chemicals can lead to
debilitating or fatal consequences for
workers, residents, and others. Prompt
disclosure of information by facilities to
health professionals will accelerate their
ability to diagnose incidents properly
and bring the necessary type of
treatment into effect.
B. Regulatory Flexibility Analysis

   1. Purpose. Under the Regulatory
Flexibility Act whenever an Agency is
 required to issue for publication in the
 Federal Register any proposed or final
 rule, it must prepare and make available
 a Regualtory Flexibility Analysis that
 describes the impact of the rule on small
 entities (small businesses, small
 organizations and small governmental
 jurisdictions), unless the Agency's
 administrator certifies that the rule will
 not have a significant impact on a
 substantial number of small entities. The
 analysis contained in the RIA addresses
.the impact of this rule on small entities.
 Based on this analysis. EPA has
 concluded that while a large number of
 small businesses reporting under Title
 ID could be affected, costs will generally
 be low per facility and significant
  impacts will not occur.
   2. Methodology and Results. To
  examine the impacts on small
  businesses. EPA compared average
  costs for small facilities (defined to be
  those with fewer than 20 employees) to
  average and median sales for those
  facilities, and by two digit SIC code.
    There are a  substantial number of
  small businesses under this definition;
  2.794.400 facilities (the universe of
  facilities in categories covered by
  section 303. the broadest of the sections
  associated with trade secrecy claims).
  The number of projected trade secret
  claims—37.000 to 1,114,600—is large
  enough to affect over 20 percent of small
  businesses if evenly distributed across
•  facilities.
    In order to assess  the impacts on
  small businesses, several guidelines
  were used. The first  criterion is the ratio
  of annual costs of facilities engaged in
  manufacturing, with production costs

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              Federal  Register / Vol. 52. No. 199 / Thursday.  October 15.  1987 / Proposed Rules        38325
represented by sales. A worst case
scenario is provided by assuming an
average in the high projection of 3
chemicals per facility and assuming
detailed responses to the proposed
substantiation questions. Average first
year reporting per facility costs of
industry for small businesses, by SIC
code, is $885. Average annual costs are
significantly lower. As a percent of
average sales, the range is between 0.00
to 0.40 percent of sales, which is well
below EPA's guideline criterion of 5
percent of production costs in order to
avoid significant impact
  3. Certification. On the basis of the
analyses contained in the RIA with
respect to the impact of this rule on
small entities. I hereby certify that this
rule will not have a significant impact
on a substantial number of small
entities. This rule, therefore, does not
require a Regulatory Flexibility
Analysis.
C. Paperwork Reduction Act
  The information collection
requirements in this proposed rule have
been submitted for approval to the
Office of Management and Budget under
the Paperwork Reduction Act of 1980,44
U.S.C. 3501 et seq. Comments on these
requirements can be submitted to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget 726 Jackson Place. NW.,
Washington. DC 20503. marked
"Attention: Desk Officer for EPA". The
final rule will respond to any OMB or
public comments on the information
collection requirements.
List of Subjects in 40 CFR Part 350
   Chemicals. Hazardous substances,
Extremely hazardous substances.
Community right-to-know, Superfund
Amendments and Reauthorization Act
Trade secrets, Trade secrecy claims,
Intergovernmental relations.
  Dated: October 6,1987.
Lee M. Thomas.
Administrator.
   Therefore, it is proposed that Title 40
of the Code of Federal Regulations be
amended by adding a new Part 350 to
read as follows:

PART 350—TRADE SECRET CLAIMS
FOR EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
INFORMATION: AND TRADE SECRET
DISCLOSURES TO HEALTH
PROFESSIONALS

Subpart A—Trade Secret Claims
350.1 Definitions.
350.3 Applicability of subpart: priority where
    provisions conflict: interaction with 40
    CFR Part 2.
350.5 Assertion of claims of trade secrecy.
350.7 Substantiating claims of trade secrecy.
350.9 Initial action by EPA.
350.11 Review of claim.
350.13 Sufficiency of assertions.
350.15 Public petitions requesting disclosure
    of chemical identity claimed as trade
    secret.
350.16 Address to send trade secret claims
    and petitions requesting disclosure.
350.17 Appeals.
350.18 Release of chemical identity
    determined to be non-trade secret; notice
    of intent to release chemical identity.
350.19 Provision of information to States.
350.21 Adverse health effects.
350.23 Disclosure to authorized
    representatives.
350.25 Disclosure in special circumstances.
350.27 Substantiation form to accompany
    claims of trade secrecy.
Subpart B—Disclosure of Trade Secret
Information to Health Professionals
350.40 Disclosure to health professionals.
  Authority: 42 U.S.C. 11042 and 11043 Pub. L.
99-499.100 Stat. 1747. Subpart A—Trade
Secret Claims

§350.1  Definitions.
  "Administrator" and "General
Counsel" mean the EPA officers or
employees occupying the positions so
titled.
  "Business confidentiality" includes
the concept of trade secrecy and other
related legal concepts which give (or
may give) a business the right to
preserve the confidentiality of business
information and to limit its use or
disclosure by others in order that the
business may obtain or retain business
advantages it derives from its right in
the information. The definition is meant
to encompass any concept  which
authorizes a Federal agency to withhold
business information under 5 U.S.C.
552(b)(4), as well as any concept which
requires EPA to withhold information
from the public for the benefit of a
business under 18 U.S.C. 1905.
   "Petitioner" is any person who
submits a petition under this regulation
requesting disclosure of a chemical
identity claimed as trade secret
   "Specific chemical identity" means
the chemical name. Chemical Abstracts
Service (CAS)  Registry Number, or any
other information that reveals the
precise chemical designation of the
substance. Where the trade name is
reported in lieu of the specific chemical
 identity, the trade name will be treated
 as the specific chemical identity for
 purposes of this part
   "Submitter" means any person
 submitting a trade secret claim under
 sections 303(d)(2) and (d)(3). 311.312
 and 313 of Title III.
   "Substantiation" means  the written
 answers submitted to EPA by a
 submitter to the specific questions set
forth in this regulation in support of a
claim that chemical identity is a trade
secret.
  'Trade secrecy claim" is a submittal
under sections 303(d)(2) or (d)(3). 311.
312 or 313 in which a chemcial identity
is claimed as trade secret, and is
accompanied by a substantiation in
support of the claim of trade secrecy for
chemical identity.
  'Trade secret" means any
confidential formula, pattern, process.
device, information or compilation of
information that is used in a submitter's
business, and that gives the submitter an
opportunity to obtain an advantage over
competitors who do not know or use it.
  "Working day" is any day on which
Federal government offices are open for
normal business. Saturdays, Sundays.
and official Federal holidays are not
working days; all other days are.

§ 350.3  Applicability of subpart; priority
where provisions conflict; Interaction with
40 CFR Part 2.
  (a) Applicability of subpart. Sections
350.1 through 350.40 establish rules
governing assertion of trade secrecy
claims for chemical identity information
collected under the authority of sections
303(d)(2) and (d)(3). 311, 312 and 313 of
Title til of the Superfund Amendments
and Reauthorization Act of 1986. and for
trade secrecy  or business confidentiality
claims for information submitted in a
substantiation under sections 303(d)(2)
and (d)(3). 311.312. and 313. This
subpart also establishes rules governing
petitions from the  public requesting the
disclosure of chemical identity claimed
as trade secret and determinations by
EPA of whether this information is
entitled to trade secret treatment.
Claims for confidentiality of the location
of a hazardous chemical under section
312(d)(2)(F) of Title III are not subject to
the requirements of this subpart.
   (b) Priority where provisions conflict.
Where information subject to the
requirements  of this subpart is also
collected under another statutory
authority, the confidentiality provisions
 of that authority shall be used to claim
 that information as trade secret or
 confidential when submitting it to EPA
 under that statutory authority.
   (c) Interaction with Freedom of
Information Act procedures. (1) No trade
 secrecy or business confidentiality
 claims other than  those allowed in this
 subpart are permitted for information
 collected under sections 303(d)(2) and
 (d)(3), 311.312. and 313.
   (2) Request for access to chemical
 identities withheld as trade secret under
 this regulation is solely through this
 regulation and procedures hereunder.

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Federal Register / Vol.  52. No. 199 / Thursday, October 15, 1987  /  Proposed Rules
not through EPA's Freedom of
Information Act procedures, set forth at
40 CFR Part 2.
  (3) Request for access to information
other than chemical identity submitted
to EPA under this regulation is through
EPA's Freedom of Information Act
regulations at 40 CFR Part 2.

§ 350.5  Assertion of claims of trade
secrecy.
  (a) A claim of trade secrecy may be
made only for the specific chemical
identity (and other specific identifier) of
an extremely hazardous substance
under sections 303(d)(2) and (d)(3), a
hazardous chemical under sections 311
and 312. and a toxic chemical under
section 313.
   (b) Method of asserting claims of
trade secrecy for information submitted
under sections 303(d)(2) and (d)(3).
   (1) In submitting information to the
local emergency planning committee
under sections 303(d)(2) or (d](3). the
submitter may claim as trade secret the
specific chemical name (and other
specific identifier) of any chemical
subject to section 303 reporting.
   (2) To make a claim, the submitter
shall submit to EPA the following:
   (i) A copy of the information which is
being submitted under sections 303(d)(2)
or (d)(3) to the local emergency planning
committee with the chemical identity or
identities claimed trade secret clearly
labeled 'TRADE SECRET." In
parentheses after each chemical identity
claimed as trade secret should be
included the generic class or category of
the chemical. The generic class or
category for section 303 chemicals is set
 forth in paragraph (f) of this section.
   (ii) A sanitized copy of the document
described in paragraph (b)(2)(i) of this
section, which is to be identical to that
document except that the submitter
 shall delete the chemical identity or
 identities claimed as trade secret.
 leaving the generic class or category of
 the chemical or chemicals. This copy
 shall be sent by the submitter to the
 local emergency planning committee.
 which shall make it available to the
 public.
   (iii) A substantiation in accordance
 with § 350.7 for each chemical identity
 claimed as trade secret.
   (3) If the submitter wishes to claim
 information in the substantiation as
 trade secret or business confidential, it
 shall do so in accordance with
 § 350.7(d).
   (4) Section 303 claims shall be sent to
 the address specified in fi 350.16 of this

   (c) Method of asserting claims of trade
 secrecy for information submitted under
 section 311.
                            (1) Submitters may claim as trade
                          secret the chemical identity (and other
                          specific identifier) of any chemical
                          subject to reporting under section 311 in
                          the material safety data sheet or
                          chemical list under section 311.
                            (2) To assert a claim the submitter
                          shall submit to EPA the following:
                            (i) A copy of the material safety data
                          sheet or chemical list under section 311.
                          The submitter shall clearly indicate the
                          specific chemical identity claimed as
                          trade secret, and shall label it 'TRADE
                          SECRET." The generic class or category
                          of the chemical claimed as trade secret
                          shall be inserted directly below the
                          claimed chemical identity. The generic
                          class or category for chemicals subject
                          to section 311 is set forth in paragraph
                          (f) of this section.
                            (ii) A sanitized copy of the material
                          safety data sheet or chemical list under
                          section 311. This copy shall be identical
                          to the document in paragraph (c](2)(i) of
                          this section except that the submitter
                          shall delete the chemical identity
                          claimed as trade secret leaving in place
                          the generic class or category of the
                          chemical claimed as trade secret. This
                          copy shall be sent by the submitter to
                          the State emergency response
                          commission, the local emergency
                          planning committee and the local fire
                          department, which shall make it
                          available to the public.
                             (iii) A substantiation in accordance
                          with § 350.7 for every chemical identity
                          claimed as trade secret.
                             (3) If the submitter wishes to claim
                          information in the substantiation as
                          trade secret or business confidential, it
                          shall do so in accordance with
                           § 350.7(d).
                             (4) Section 311 claims shall be sent to
                           the address specified in 8 350.16 of this
                          regulation.
                             (d) Method of asserting claims of
                           trade secrecy for information submitted
                           under section 312.
                             (1) Submitters may claim as trade
                           secret the chemical identity  (and other
                           specific identifier) of any chemical
                           subject to reporting under section 312.
                             (2) To assert a claim the submitter
                           shall submit to EPA the following:
                             (i) A copy of the Tier II emergency
                           and hazardous chemical inventory form
                           under section 312. (The Tier I emergency
                           and hazardous chemical inventory form
                           does not require the reporting of specific
                           chemical identity and therefore no trade
                           secrecy claims may be made with
                           respect to that form.) The submitter
                           shall clearly indicate the specific
                           chemical identity claimed as trade
                           secret by checking the box marked
                           "trade secret" next to the claimed
                           chemical identity.
  (ii) A sanitized copy of the Tier II
emergency and hazardous chemical
inventory form. This copy shall be
identical to the document in paragraph
(d)(2)(l) of this section except that the
submitter shall delete the chemical
identity or identities claimed as trade
secret and include instead the generic
class or category of the chemical
claimed as trade secret. The generic
class or category for chemicals subject
to section 312 is set forth in paragraph
(f) of this section. The sanitized copy
shall be sent by the submitter to the
State emergency response commission,
local emergency planning committee or
the local fire department, whichever
entity requested the information.
   (iii) A substantiation in accordance
with S 350.7 for every chemical identity
claimed as trade secret.
   (3) If the submitter  wishes to claim
information in the substantiation as
trade secret or business confidential, it
shall do so in accordance with
§ 350.7(d).
   (4) Section 312 claims shall be sent to
the address specified in 8 350.16 of this
regulation.
   (e) Method of asserting claims of trade
secrecy for information submitted under
section 313.
   (1) Submitters may claim as trade.
secret the chemical identity (and other
 specific identifier) of any chemical
 subject to reporting under section 313.
   (2) To make a claim, the submitter
 shall submit to EPA the following:
   (i) A copy of the toxic release
 inventory form under section 313 with
 the information claimed as trade secret
 clearly identified To do this, the
 submitter shall check the box on the
 form indicating that the chemical
 identity is being claimed as trade secret.
 The submitter shall enter the generic
 classification name and code that is
 preassigned by 40 CFR 372.42 to that
 specific toxic chemical.
   (ii) A sanitized copy of the toxic
 release inventory form. This copy shall
 be identical to the document in
 paragraph (e)(2)(i] of this section except
 that the submitter shall delete the
 chemical identity claimed as trade
 secret This copy shall be submitted to
 the State official or officials designated
 to receive this information.
   (iii) A substantiation in accordance
 with § 350.7 for every chemical identity
 claimed as trade secret.
   (3) If the submitter wishes to claim
 information in the substantiation as
  trade secret or business confidential, it
  shall do so in accordance with
  8 350.7(d).

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              Federal  Register / Vol. 52. No. 199 / Thursday.  October IS.  1987 / Proposed Rules	38327
  (4) Section 313 claims shall be sent to
the address specified in § 350.16 of this
regulation.
  (f](l) Method of choosing generic class
or category for sections 303. 311 and 312.
A facility owner or operator claiming
chemical identity as trade secret under
sections 303. 311. or 312 should engage
in discussion with the state emergency
response commission, local emergency
planning committee, or local  fire
department to choose an appropriate
generic class or category which suitably
reflects the hazards of the release.
preventive techniques to guard against
the release, adverse health effects
associated with the release, and any
other significant safety information.
  (2) Method of choosing generic class
or category for section 313. A facility
owner or operator claiming chemical
identity as trade secret should choose
the generic class or category of the
chemical preassigned to the chemical
identity in 40 CFR 372.42.
  (g) No trade secrecy claim  shall be
considered to be asserted unless the
submittal in which it is  made is
accompanied by a substantiation under
§ 350.7. A submittal containing a trade
secrecy claim and unaccompanied by a
substantiation shall be  summarily
rejected without further notice to the
submitter.
  (h) If a specific chemical identity is
submitted under Title III to EPA. or to a
State emergency response commission,
designated State agency, local
emergency planning committee or local
fire department, without asserting a
trade secrecy claim, the chemical
identity shall be considered non-trade
secret and may be disclosed  without
notice to the submitter.
  (i) A submitter making a trade secrecy
claim under this section shall submit to
entities other than EPA (e.g.,  a
designated State agency, local
emergency planning committee and
local fire department) only the sanitized
copy of the submission  and
substantiation.

§350.7  Substantiating claims of trade
secrecy.
  (a) Claims of trade secrecy must be
substantiated by providing a specific
answer to each of the following
questions with the submission to which
the trade secrecy claim pertains.
Submitters must answer these questions
on the form entitled "Substantiation  to
Accompany Claims of Trade Secrecy" in
§ 350.27 of this subpart
  (1) Describe the specific measures you
have taken to safeguard the
confidentiality of the chemical identity
claimed as trade secret
  (2) Have you disclosed this chemical
identity to any person not an employee
of your company or of a local. State or
Federal government entity, who has not
signed a confidentiality agreement
requiring the person to refrain from
disclosing the chemical identity to
others?
  (3) List all local. State, and Federal
government entities to which you have
disclosed the specific chemical identity.
For each, indicate whether you asserted
a confidentiality claim for the chemical
identity and whether the government
entity denied that claim.
  (4) In order to show the validity of a
trade secrecy claim, you must identify
your specific use of the substance
claimed as  trade secret and explain why
it is a secret of interest to competitors.
Therefore:
  (i) Describe the specific use of the
chemical substance, identifying the
product or process in which it is used. (If
you use the substance other than as a
component of a product or in a
manufacturing process, identify the
activity where the substance is used.)
  (ii) Has your company or facility
identity been linked to the specific
chemical identity of the substance in
publications or other information
available to the public (of which you are
aware)? Is this linkage known to your
competitors? If the answer to either
question  is yes. explain why this
knowledge does not eliminate the
justification for trade secrecy.
  (iii) If this use of the substance is
unknown outside your company, explain
how your competitors could deduce this
use from  disclosure of the chemical
identity together with other information
on the Title III submittal form.
  (iv) Explain why your use of the
substance would be valuable
information to your competitors.
  (5) Indicate the nature of the harm to
your competitive position that would
likely result from disclosure of the
specific chemical identity, including an
estimate  of the potential loss in sales  or
profitability.
  (6) To what extent is the substance
available to the public or your
competitors in products, articles, or
environmental releases? Describe the
factors which influence the cost of
determining the identity of the
substance by chemical analysis of the
product, article, or waste which contains
the substance (e.g., whether the
substance is in pure form or is mixed
with other substances), and provide a
rough estimate of that cost.
  (7) Is the substance, or your use of it
subject to any U.S. patent of which you
are aware? If so. identify the patent and
explain why—
  (i) It does not connect you with the
substance, and
  (ii) Why it does not protect you from
competitive harm.
  (b) The answers to the substantiation
questions listed in paragraph (a) of this
section are to be  included with a
claimant's trade secret claim, on the
form in § 350.27 of this subpart.
  (c) An officer of the submitter shall
sign the certification on the bottom of
the form contained in 8 350.27, stating
that the information included in the
substantiation is  true, accurate and
complete to the best knowledge and
belief of the submitter.
  (d) Claims of confidentiality in the
substantiation. (1) The submitter may
claim as confidential any trade secret or
confidential business information
contained in the  substantiation. Such
claims  for material in the substantiation
are not limited to claims of trade
secrecy for chemical identity, but may
also include claims of confidentiality for
any confidential  business information.
To claim this material as confidential.
the submitter shall clearly designate
those portions of the substantiation to
be claimed as confidential by marking
those portions "CONFIDENTIAL."
"PROPRIETARY." or 'TRADE
SECRET." Information not so marked
will be treated as public and may be
disclosed without notice to the
submitter.
   (2) An officer of the submitter shall
sign the certification stating that those
portions of the substantiation claimed as
confidential would, if disclosed, reveal
the chemical identity being claimed as a
trade secret, or would reveal other
confidential business or trade secret
information. This certification is
combined on the substantiation  form in
§ 350.27 with the certification described
in paragraph (c)  of this section.
   (3) The submitter shall submit to EPA
two copies of the substantiation, one of
which  shall be the unsanitized version,
and the other shall be the sanitized
version.
   (i) The unsanitized copy shall contain
all of the information claimed as trade
secret or business confidential, marked
as indicated in paragraph (d)(l)  of this
section.
   (ii) The second copy shall be identical
to the first copy of the substantiation
except that it will be a sanitized version,
in which all of the information claimed
as trade secret or confidential shall be
deleted If any of the information
claimed as trade secret in the
substantiation is the chemical identity
which  is the subject of the
substantiation, the submitter shall
include the appropriate generic class or

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category of the chemical claimed as
trade secret This sanitized copy shall
be submitted to the State emergency
response commission, a designated
State agency, the local emergency
planning committee and the local fire
department as appropriate.
  (e) Supplemental inrcrmation. (l) EPA
may request supplemental information
from the requester in support of its trade
secret claim, pursuar.'. 10 § 350.11(a)(i).
EPA may specify the kind of irJcnsation
to be submitted, or the submitter may
submit any additional detailed
information which further supports the
information previously supplied to EPA
in its initial substantiation, under
§ 350.7.
  (2) The submitter may claim as
confidential any trade secret or
confidential business information
contained in the supplemental
information. To claim this material as
confidential, the submitter shall clearly
designate those portions of the
supplemental information to be claimed
as confidential by marking those
portions "CONFIDENTIAL."
"PROPRIETARY." or "TRADE
SECRET." Information not so marked
will be treated as public and may be
disclosed without notice to the
submitter.
   (3) If portions of the supplementary
information are claimed confidential, an
officer of the submitter shall certify that
those portions of the supplemental
information claimed as confidential
would, if disclosed, reveal the chemical
identity being claimed as confidential or
would reveal other confidential business
or trade secret information.
   (4) If supplemental information is
requested by EPA and the submitter
claims portions of it as trade secret or
confidential, then the submitter shall
submit to EPA two copies of the
supplemental information, an
unsanitized and a sanitized version.
   (i) The unsanitized version shall
contain all of the information claimed as
 trade secret or business confidential.
marked as indicated above in paragraph
 (e)(2) of this section.
   (ii) The sanitized version shall be
 identical to the unsanitized version
 except that all of the information
 claimed as trade secret or confidential
 shall be deleted.

 §350.9  Initial action by EPA.
   (a) When a claim of trade secrecy.
 made in accordance with § 35O5 above.
 is received by EPA, that information is
 treated as confidential until a contrary
 determination is made.
   (b) A determination as to the validity
 of a trade secrecy claim shall be
 initiated upon receipt by EPA of a
                          petition under § 350.15 or may be
                          initiated at any time by EPA if EPA
                          desires to determine whether chemical
                          identity information claimed as trade
                          secret is entitled to trade secret
                          treatment even though no request for
                          release of Ihe information has been
                          received.
                            (c) If EPA initiates a determination as
                          to the validity of a trade secrecy claim,
                          the procedures set forth in §5 350.11.
                          350.15. and 350.17 shall be followed in
                          making the determination.
                            (d) When EPA receives a petition
                          requesting disclosure of trade secret
                          chemical identity or if EPA decides to
                          initiate a determination of the validity of
                          a trade secret claim for chemical
                          identity, EPA shall first make a
                          determination that the chemical identity
                          claimed as trade secret is not the subject
                          of a prior trade secret determination by
                          EPA concerning the same facility, or if it
                          is, that the determination upheld the
                          facility's claim of trade secrecy for that
                          chemical identity. If such a prior
                          determination held that the facility's
                          claim for the chemical identity is
                          invalid, EPA shall notify the petitioner
                          that the chemical identity claimed trade
                          secret is the subject of a prior
                          determination concerning the same
                          facility in which it was held that such a
                          claim was invalid, and EPA shall release
                          the claimed  chemical identity to the
                          public.

                          5350.11  Review of claim.
                            (a) Determination of sufficiency.
                          When EPA receives a petition submitted
                          pursuant to  8 350.15. or if EPA initiates a
                          determination of the validity of a trade
                          secret claim for chemical identity, and
                          EPA has made the determination
                          required in paragraph (d) of 9 350.9, then
                          EPA shall determine whether the
                          submitter has presented sufficient
                          support for its claim of trade secrecy in
                          its substantiation. EPA must make such
                          a determination within 30 days of
                          receipt of a  petition. A claim of trade
                          secrecy for chemical identity will be
                          considered sufficient if. assuming all of
                          the information presented in the
                          substantiation IB true, this supporting
                          information could support a valid claim
                          of trade secrecy. A claim is sufficient if
                          it meets the criteria set forth in § 350.13.
                             (1) Sufficient claim. If the claim meets
                          the criteria of sufficiency set forth in
                           S 350.13. EPA shall notify the submitter
                          in writing, by certified mail (return
                          receipt requested), that H has SO days
                          from the date of receipt of the notice to
                          submit supplemental information in
                          writing in accordance with { 350.7(e). to
                          support the truth of the facts asserted in
                           the substantiation. EPA  will not accept
                          any supplemental information, in
response to this notification, submitted
after the 30-day period has expired. The
notification required by this section
shall include the address to which
supplemental information must be sent
The notification may specifically request
supplemental information in particular
areas relating to the submitter's claim.
The notification must inform the
submitter of his right to claim any trade
secret or confidential business
information as confidential, and shall
include a reference to 8 350.7(e) of this
regulation as the source for the proper
procedure for claiming trade secrecy for
trade secret or confidential business
information submitted in the
supplemental information requested by
EPA.
  (2) Insufficient claim. If the claim does
not meet the criteria of sufficiency set
forth in § 350.13. EPA shall notify the
submitter in writing of this fact by
certified mail (return receipt requested).
Upon receipt of this notice, the submitter
may either file an appeal of the matter
to the Office of General Counsel under
paragraph (a)(2)(i) of this section, or. for
good cause shown, submit additional
material in support of its claim of trade
secrecy to EPA under paragraph
(a)(2)(ii) of this section. The notification
required by this section shall include the
reasons for EPA's decision that the
submitter's claim is insufficient and
shall inform the submitter of its rights
within 30 days of receiving notification
to file an appeal with EPA's Office of
General Counsel or to amend its original
substantiation for good cause shown.
The notification shall include the
address of the Office of General
Counsel, and the address of the office to
which an amendment for good cause
shown should be sent The notification
shall also include a reference to
 §§ 350.11(a)(2) (iHiv) of this regulation
as the source on the proper procedures
for filing an appeal or for amending the
original substantiation.
   (i) Appeal. The submittal may file an
 appeal of a determination of
 insufficiency with the Office of General
 Counsel within 30 days of notification of
 insufficiency, in accordance with the
 procedures set forth in §350.15.
   (ii) Good cause. In lieu of an appeal.
 the submitter may send additional
 material in support of its trade secret
 claim, for good cause shown, within 30
 days of receipt of the notification of
 insufficiency. To do so, the submitter
 shall notify EPA by letter of its
 contentions as to good cause, and shall
 include in that letter the additional
 supporting material. EPA shall notify the
 submitter fay certified mail if the good
 cause standard has not been met anri

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              Federal Register / Vol. 52. No. 199 / Thursday. October IS. 1967 / Proposed Rules        38329
 the additional material will not be
 accepted. The submitter may then seek
 review in U.S. Oistnct Court.
  (iii) Good cause is limited to thp
 following:
  (A) The submitter was not aware of
 (he facts underlying the additional
 information at the time the
 substantiation was submitted, and could
 not reasonably have known the facts at
 that time: or
  (B) Neither EPA regulations nor other
 EPA guidance called for such
 information at the time the
 substantiation was submitted.
  (iv) If EPA determines that the
 submitter has met the  standard for good
 cause, then EPA shall  decide whether
 the submitter's claim meets the Agency's
 standards of sufficiency set forth  in
 S 350.13.
  (A) If after  receipt of additional
 material for good cause. EPA decides
 the claim is sufficient. EPA will
 determine whether the claim presents a
 valid claim of trade secrecy according to
 (he procedures set forth in paragraph (b)
 of this section.
  (B) If after receipt of additional
 material for good cause. EPA decides
 the claim is still insufficient. EPA will
 notify the submitter by certified mail
 (return receipt requested) and the
 submitter may seek review in  U.S.
 District Court within 30 days of
 notification. The notification required by
 this paragraph shall include EPA's
 reasons for its determination,  and shall
 inform the submitter of its right to seek
 review in U.S. District Court within 30
 days of receipt of notification.
  (v) If EPA determines that the
 submitter has not met  the standard for
 good cause, then EPA  shall notify the
 submitter by certified mail (return
 receipt requested). The submitter may
 seek review of EPA's decision within 30
 days of receipt of notification  in U.S.
 District Court. The notification required
 in this paragraph shall include EPA's
 reasons for its determination,  and shall
 inform the submitter of its right to seek
 review in U.S. District Court within 30
 days of receipt of the notification.
  (b) Determination of trade secrecy.
 Once a claim  has been determined to be
 sufficient under paragraph (a) of this
 section, EPA must decide whether the
 claim is entitled to trade secrecy
  (1) If EPA determines that the
 information submitted in support  of the
 trade secret claim is true and that the
chemical identity is a trade secret, the
petitioner shall be notified by  certified
 mail (return receipt requested) of EPA's
determination and may bring an action
 in U.S. District Court within 30 days of
receipt of such notice.  The notification
required in this paragraph shall include
the reasons why EPA has determined
that the chemical identity is a trade
secret and shall inform the petitioner of
its right to seek review in U.S. District
Court within 30 days of receipt of
notification. The submitter shall be
notified of EPA's decision by regular
mail
  (2) If EPA decides that the information
submitted in support of the trade secret
claim is not true and that the chemical
identity is not a trade secret:
  (i) The submitter shall  be notified by
certified mail (return receipt requested)
of EPA's determination and may appeal
to the Office of General Counsel within
30 days of receipt of such notice, in
accordance with the procedures set
forth in § 350.17. The notification
required by this paragraph shall include
the reasons why EPA has determined
that the chemical identity is not a trade
secret and shall inform the submitter of
its appeal rights to EPA's Office of
General Counsel. The notification shall
include the address to which an appeal
should be sent and the procedure for
filing an appeal, as set forth in
§ 350.17(a) of this regulation.
  (n) The General Counsel shall  notify
the submitter by certified mail (return
receipt requested) of its decision on
appeal pursuant to the requirements in
§ 350.17. If the  General Counsel affirms
the decision that the chemical identity is
not a trade secret, then the submitter
shall have 30 days from the date it
receives notification of the General
Counsel's decision  to bring an action in
U.S. District Court. If the General
Counsel decides that the chemical
identity is a trade secret, then EPA shall
follow the procedure set  forth in
paragraph (b)(l) of this section.

§350.13 Sufficiency of assertions.
  (a) A substantiation submitted under
§ 350.7 will be  determined  to be
insufficient to support a claim of trade
secrecy unless the answers to the
questions in the substantiation
submitted under § 350.7 assert specific
facts to support all  of the following
conclusions:
  (1) The submitter has not disclosed
the information to any other person.
other than a member of a local
emergency planning committee, an
officer or employee of the United States
or a State or local government, an
employee of such person, or a person
who is bound by a confidentiality
agreement and such person has taken
reasonable measures  to protect the
confidentiality of such information and
intends to continue to take such
measures. To support this conclusion.
the facts asserted must show all of the
following:
   (i) The submitter has taken reasonable
 safeguards to prevent unauthorized
 disclosure of the specific chemical
 identity.
   (ii) The submitter has not disclosed
 the specific chemical identity to any
 person who is not bound by an
 agreement to refrain from disclosing the
 information.
   (ni) The submitter has not previously
 disclosed the specific chemical identity
 to a local. State, or Federal government
 entity without asserting a confidentiality
 claim.
   (2) The information is not required to
 be disclosed, or otherwise made
 available, to the public under any other
 Federal or State law.
   (3) Disclosure of the information is
 likely to cause substantial harm to the
 competitive position of such person. To
 support this conclusion, the facts
 asserted must show all of the following.
   (i) Either:
   (A) Competitors do not know that the
 substance can be used in the  fashion
 that the submitter uses it. and
 competitors cannot easily duplicate the
 specific use of this substance through
 their own research and development
 activities; or
   (B) Competitors are not aware that the
 submitter is using the substance in this
 fashion.
   (ii) The fact that the submitter
 manufactures, imports or otherwise uses
 the substance in a particular fashion is
 not contained in any publication or
 other information source available to
 competitors or the public.
   (iii) The non-confidential version of
. the submission under this title does not
 contain sufficient information to enable
 competitors to determine the  specific
 chemical identity withheld therefrom
   (iv) The information referred to in
 (a)(3)(i)(A) is of value to competitors.
   (v) Competitors are likely to use this
 information to the economic detriment
 of the submitter and are not precluded
 from doing so by a United States patent
   (vi) The resulting harm to submitter's
 competitive position would be
 substantial.
   (4) The chemical identity is not readily
 discoverable through reverse
 engineering. To support this conclusion.
 the facts asserted must show that
 competitors cannot reasonably learn the
 specific chemical identity by  analysis  of
 the submitter's products or
 environmental releases.
   (b) The sufficiency of the trade
 secrecy claim shall be decided entirely
 upon the  information submitted under
 § 350.7.

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38330	Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Proposed  Rules
} 350.15  Pubnc petition* requesting
disclosure of chemical Identity claimed as
trade secret
  (a) The public may request the
disclosure of chemical identity claimed
as trade secret by submitting a written
petition requesting such disclosure to
the address specified in 5 350.16.
  (b) The petition shall include:
  (l)The name, address, and telephone
number of the petitioner
  (2) The name, and address of the
company claiming the chemical identity
as trade secret; and
  (3) A copy of the submission in which
the submitter claimed chemical identity
as trade secret, with a specific
indication as to which chemical identity
the petitioner seeks disclosed.
  (c) EPA shall acknowledge to the
petitioner the receipt of the petition by
letter.
  (d) Incomplete petitions. If the
information contained in the petition is
not sufficient to allow EPA to identify
which chemical identity the petitioner is
seeking to have released. EPA shall
notify the petitioner that the petition
cannot be further processed until
additional information is furnished. EPA
will make every reasonable effort to
 assist a petitioner in providing sufficient
 information for EPA to identify the
 chemical identity the petitioner is
 seeking to have released.
   (e) EPA shall make a determination on
 a petition requesting disclosure, in
 accordance with section 350.11, and
 within nine months of receipts of such
 petition.

 § 350.16  Address to send trade secret
 claims and petitions requesting disclosure.
   All claims of trade secrecy under
 sections 303(d)(2), (d)(3), 311. 312, and
 313 and all public petitions requesting
 disclosure of chemical identities claimed
 as trade secret should be sent to the
 following address:
   U.S. Environmental Protection Agency
   P.O. Box 70266
   Washington. DC 20024-0266

 §350.17 Appeals.
   (a) Procedure for filing appeal. A
  submitter may appeal an EPA
  determination under § 350.11(a)(2) or
  (b)(2)(i), by filing an appeal with the
  Office of General Counsel. The appeal
  shall be addressed to the Office of
  General Counsel. Environmental
  Protection Agency. Contracts and
  Information Law Branch. Room 3600M,
  LE-132G. 401M Street SW.,
  Washington, DC 20460, and shall
  contain the following:
    (1) A letter  requesting review of the
  appealed decision; and
  (2) A copy of the letter containing
EPA's decision upon which appeal is
requested.
  (b) Appeal from determination of
insufficient claim.
  (1) Where a submitter appeals from a
finding by EPA under { 350.11(a](2) that
the trade secrecy claim presents
insufficient support for a finding of trade
secrecy, the Office of General Counsel
shall make one of the following
determinations:
  (i) The trade secrecy claim at issue
meets the standards of sufficiency set
forth in g 350.13; or
  (ii) The trade secrecy claim at issue
does not meet the standards of
sufficiency net forth in S 350.13.
  (2] If the General Counsel reverses the
decision made by the EPA office
handling the claim, the claim shall be
processed according to fi 350.11(a)(l).
The General Counsel shall notify the
submitter of its determination on appeal
in writing, by certified mail. The appeal
determination shall include the date the
appeal was received by the General
Counsel, a statement of the decision
appealed from, and a statement of the
decision on appeal.
   (3) If the General Counsel upholds the
decision made by the EPA office
handling the claim, the submitter may
seek review within 30 days in U.S.
District Court The General Counsel
shall notify the submitter of its
determination on appeal in writing, by
certified mail. The appeal determination
shall include the date the appeal was
received by the General Counsel, a
statement of the decision appealed from,
a statement of the decision on appeal,
 and a statement of the submitter's right
 to seek review in U.S. District Court.
   (c) Finding of no trade secret. (1) If a
 submitter appeals from a finding by EPA
 under § 350.11(b)(ii) that the specific
 chemical identity at issue is not a trade
 secret the Office of General Counsel
 shall make one of the following
 determinations:
    (i) The assertions supporting the claim
 of trade secrecy are true and the
 chemical identity is a trade secret; or
    (ii) The assertions supporting the
 claim of trade secrecy are not true and
 the chemical identity is not a trade
 secret.
    (2) If the General Counsel reverses the
 decision made by the EPA office
 handling the claim, the General Counsel
 shall notify the submitter of its
 determination on appeal in writing, by
 certified mail (return receipt requested).
 The appeal determination shall include
 the date the appeal was received by the
 General Counsel, a statement of the
 decision appealed from, a statement of
 the decision on appeal. The Office of
General Counsel shall send the
petitioner the notification required in
§ 350.11(b){l).
  (3) If the General Counsel upholds the
decision of the EPA office which made
the trade secret determination, the
submitter may seek review in U.S.
District Court within 30 days. The
General Counsel shall notify the
submitter of its determination on appeal
in writing, by certified mail (return
receipt requested). This notification
shall be written, and shall be furnished
by certified mail (return receipt
requested). The notice shall include the
date the appeal was received by the
General Counsel, a statement of the
decision appealed from, the basis for the
appeal determination, that it constitutes
final Agency action concerning the
chemical identity trade secret claim, and
that such final Agency action may be
subject to review in U.S. District Court.
With respect to the release of the trade
secret chemical identity EPA shall
include in this notification notice of
intent to release chemical identity, as
required by S 350.18.

S 350.18 Release of chemical Identity
determined to be non-trade secret; notice
of Intent to release chemical Identity.
   (a) Where EPA's Office of General
 Counsel makes a determination under
 8 350.17(c)(3). that chemical identity
 claimed as trade  secret is not entitled to
 trade secret protection, EPA shall
 furnish the notice set forth in paragraph
 (c) of this section to the submitter
 claiming the chemical identity as trade
 secret
   (b) Where a submitter fails to seek
 review within Federal District Court
 within 20 days of receiving notification
 of an EPA determination under
 SS 350.11(a)(iv)(B). or 350.11(a)(2)(v) of
 this regulation, EPA may furnish notice
 of intent to disclose the claimed trade
 secret chemical identity within 10 days
 by furnishing the submitter with the
 notice set forth in paragraph (c) of this
 section by certified mail (return receipt
 requested).
   (c) EPA shall furnish notice  of intent
 to release chemical identity claimed
 trade secret by sending the following
 notification to submitters, under the
  circumstances set forth in paragraphs
  (a) and (b) of this section. The
  notification shall state that EPA, will
  make the chemical identity available to
  the public on the tenth working day
  after the date of the submitter's receipt
  of written notice (or on such later date
  as  the Office of General Counsel may
  establish), unless the Office of General
  Counsel has first been notified of the
  submitter's commencement of an action

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               Federal Register  /  Vol. 52.  No. 199 / Thursday. October 15, 1967 /  Proposed Rules       38381
 in Federal court to obtain judicial
 review of the determination at issue,
 and to obtain preliminary injunctive
 relief against disclosure. The notice
 shall further state that if such an action
 is timely commenced. EPA may
 nonetheless make the information
 available to die public (in the absence of
 an order by the court to the contrary),
 once the court has denied a motion for a
 preliminary injunction in the action or
 has otherwise upheld the EPA
 determination, or whenever it appears to
 Office of General Counsel, after
 reasonable notice to the business, that
 the business is not taking appropriate
 measures to obtain a speedy resolution
 of the action.

 §350.19  Provision of Information to
 States.
  (a) Any State may request access to
 trade secrecy claims, substantiations.
 supplemental substantiations, and
 additional information submitted to EPA
 for good cause. EPA  shall release this
 information, even if claimed
 confidential, to any State requesting
 access it
  (1) The request is in writing:
  (2) The request is from the Governor
 of the State; and
  (3) The State agrees to safeguard the
 information with procedures equivalent
 to those which EPA uses to safeguard
 the information.
  (b) The Governor of a State which
 receives access to trade secret
 information under this section may
 disclose such information only to State
 employees.

 § 350.21  Adverse health effects.
  The Governor or State emergency
 response commission shall identify the
 adverse health effects associated with
 each of the chemicals claimed as trade
 secret and shall make this information
 available to the public. The material
 safety data sheets submitted to the State
emergency response  commissions may
 be used for this purpose.

§350.23  Disclosure to authorized
representatives.
  (a) Under section 322(f) of the Act.
EPA possesses  the authority to disclose
to any authorized representative of the
United States any information to which
this section applies, notwithstanding the
fact that the information might
otherwise be entitled to trade secret or
confidential treatment under this part.
Such authority may be exercised only in
accordance with paragraph (b) of this
section.
   (b) (1) A person under contract or
subcontract to EPA or a grantee who
performs work for EPA in connection
with Title III or regulations which
implement Title HI may be considered
an authorized representative of the
United States for purposes of this
S 350.23. Subject to the limitations in
this § 350.23(b). information to which
this section applies may be disclosed to
such a person if the EPA program office
managing the contract,  subcontract, or
grant first determines in writing that
such disclosure is necessary in order
that the contractor, subcontractor or
grantee may carry out the work required
by the contract subcontract or grant
  (2) No information shall be  disclosed
under this § 35O.23(b) unless this
contract, subcontract or grant in
question provides:
  (i) That the contractor, subcontractor
or the grantee and the contractor's or
subcontractor's employees shall use the
information only for thf* purpose of
carrying out the work required by the
contract subcontract or grant and shall
refrain from disclosing the information
to anyone other than EPA without the
prior written approval of each affected
business or of an EPA legal office, and
shall return to EPA all copies  of the
information (and any abstracts or
extracts therefrom) upon request by the
EPA program office, whenever the
information is no longer required by the
contractor, subcontractor or grantee for
the performance of the work required
under the contract, subcontract or grant
or upon completion of the contract.
subcontract or grant
  (ii) That the contractor or
subcontractor shall obtain a written
agreement to honor such terms of the
contract or subcontract from each of the
contractor's or subcontractor's
employees who will have access to the
information, before such employee is
allowed such access: or that the grantee
who has access to the information will
sign a written agreement to honor the
terms of the grant; and
  (iii) That the contractor, subcontractor
or grantee acknowledges and agrees
that the contract subcontract or grant
provisions concerning the use and
disclosure of business information are
included for the benefit of. and shall be
enforceable by. both EPA and any
covered facility having an interest in
information concerning it supplied to the
contractor, subcontractor or grantee by
EPA under the contract or subcontract
or grant.
  (3) No information shall be disclosed
under this 9 350.23(b) until each covered
facility has been furnished notice of the
contemplated disclosure by the EPA
program office and has been afforded a
period found reasonable by that office
(not less than 5 working days) to submit
its comments. Such notice shall include
a description of the information to be
disclosed, the identity of the contractor.
subcontractor or grantee, the contract
subcontract or grant number, if any, and
the purposes to be served by the
disclosure. This notice may be published
in the Federal Register or may be sent to
individual facilities.
  (4) The EPA program office shall
prepare a record of disclosures under
this 350.23(b). The EPA program office
shall maintain the record of disclosure
and the determination of necessity
prepared under paragraph (b](l) of this
section for a period of not less than 36
months after the date of the disclosure.

§350.25 Disclosure In special
  Other disclosure of specific chemical
identity may be made in accordance
with 40 CFR 2.209.

§350.27  Substantiation form to
accompany claims of trade secrecy.
  (a) The form in paragraph (b) of this
section must be completed and
submitted as required in § 350.7(a).
  (b) Substantiation form to accompany
claims of trade secrecy.
BILLING CODE «MO 50 II

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38332
   Federal Register / Vol. 52. No. 199 / Thursday. October 15.1987 / Proposed Rules
  &EPA
            Substantiation to Accompany Claims of
                  Trade Secrecy  Under Title HI
FOIIII Approved
OMB No. xxxx-xxxx
Approval Expires xx-xx-xx
   Instructions: Please answer the following questions in the space provided. Type all responses. If you
   need more space to answer a particular question, please use additional sheets. If you use additional" sheets,
   be sure to include the number and (if applicable) subpart of the question being answered and to write your
   facility's Dun & Bradstreet Number on the lower right-hand corner of each sheet.

   You must submit this form to EPA in sanitized and unsanitized versions, along with sanitized and unsanitized
   copies of the submittal that gives rise to this trade secret claim. The unsanitized version of this form contains
   specific chemical identity and CAS number and may contain other trade secret or confidential business
   information, which should be clearly labeled as such.  Failure to claim other information trade secret or
   confidential will make that information publicly available. In the sanitized version of this form, the specific
   chemical identity and CAS number must be replaced with the chemical's generic class or category and any
   other trade secret or confidential business information deleted. You should also send sanitized copies of the
   submittal and this form to relevant State and  local authorities. Failure to answer each question on this form
   will make your submittal publicly available.
Is this form sanitized or unsanitized?
                                                        Sanitized      f"1 Unsanitized
   Facility Identification
   Name
                                           Title HI Section (Check one only)


                                           D303      Q311      D312
                                                                                                 313
   Street Address
                                           CAS Number (Unsaniozed Version Only)

                                                            1   '   '   '  '
   City. State, and ZIP Code
                                           Specific Chemical Identity (Unsanitized Version Only)
   Dun & Bradstreet Number
                     m-rm-i   MM
                                           Generic Class or Category
        (1)  Describe the specific measures taken to safeguard the confidentiality of the chemical identity
            claimed as trade secret
        (2)  Have you disclosed this chemical identity to any person not an employee of your company or
             of a local. State or Federal government entity, who has not signed a confidentiality agreement
             requiring them to refrain from disclosing the chemical identity to others?
  EPA Form xxxx (xx-xx)

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              Federal Register / Vol. 52. No. 199 / Thursday. October 15.1987 / Proposed Rules
                                                                                        38333
& EPA
Substantiation to Accompany Claims of
Trade Secrecy Under Title in
Fonn Approved
OMB No. xxxx-xxxx
Approval Expires xx-xx-xx
      (3)
List all local, State, and Federal government entities to which you have disclosed the specific
chemical identity. For each, indicate whether you asserted a confidentiality claim for the
chemical identity and whether the government entity denied that claim.
Government Entity




Confidentiality
Claim Asserted
Yes




No




Confidentiality
Gaim Denied
Yes




No




      (4)  In order to show the validity of a trade secrecy claim, you must identify your specific use of
           the substance claimed as trade secret and explain why it is a secret of interest to competitors.
           Therefore:

             (a)   Describe the specific use of the chemical substance, identifying the product or process
                  in which it is used.  (If you use the substance other than as a component of a product
                  or in a manufacturing process, identify the activity where the substance is used.)
             (b)   Has your company or facility identity been linked to the specific chemical identity of die
                  substance in publications or other information available to the public (of which you are
                  aware)? QYes    QNo

                  Is this linkage known to your competitors? Qves     [""I No or Not Applicable

                  If the answer to either question is yes, explain why this knowledge does not eliminate the
                 justification for trade secrecy.
EPA Form uuut (xx-xx)

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38334
               Federal Register / Vol. 52. No. 199 / Thursday. October 15.1987 / Proposed Rules
  ft EPA
               Substantiation to Accompany Claims of
                    Trade Secrecy  Under  Title III
Foim Approved
OMB No. xxxx-xxxx
Approval Expires xx-x«-xx
              (c)  If this use of the substance is unknown outside your company, explain how your
                   competitors could deduce this use from disclosure of the chemical identity together
                   with other information on the form.
               (d)  Explain why your use of the substance would be valuable information to your competitors.
(5)   Indicate
              sales or profitability
                                         to your competitive position that would likely resu}^™
    EPA Form XXM (xx-*x)

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            .  Federal Register / Vol. 52. No. 199 / Thursday. October 15,1987 / Proposed Rules
                                                          38335
& EPA
Substantiation to Accompany Claims of
Trade Secrecy Under Title III
FOIIII Approved
OMB No. xxxx-xxxx
Approval Expires xx-xx-xx
       (6)   To what extent is the substance available to the public or your competitors in products.
            articles, or environmental releases?
            Describe the factors which influence the cost of determining the identity of the substance
            by chemical analysis of the product, article, or waste which contains the substance
            (e.g., whether the substance is in pure form or is mixed with other substances), and
            provide a rough estimate of that cost.
                                 PI No
       (7)   Is your use of this substance subject to any U.S. patent?

            If so, identify the patent and explain why (A) it does not connect you with the
            substance and (B) why it does not protect you from competitive harm.
            Patent Number
   I certify under penalty of law that I have personally examined and am familiar with the information
   submitted in this and all attached documents. Based on my inquiry of those individuals immediately
   responsible for obtaining the information, I believe that the submitted information is true, accurate,
   and complete, and that those portions of the substantiation claimed as confidential (if any) would,
   if disclosed, reveal the chemical identity being claimed as a trade secret, or would reveal other con-
   fidential business or trade secret information. I acknowledge that I may be asked by the Environmental
   Protection Agency to provide further detailed factual substantiation relating to this claim of trade secrecy,
   and certify that to the best of my knowledge and belief such information is available. I understand that
   if it is determined by the Administrator of E.P.A. that mis trade secret claim is frivolous, I may be liable
   for a penalty of up to $25,000 per claim.
  Signature and Date
Name and Title
ieiepnone
 EPA Form uu (xx-u)

HLUNO COOe M60-60-C

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Thursday
October 15, 1987
Part IV



Environmental

Protection  Agency

40 CFR Part 370
Emergency and Hazardous Chemical
Inventory Forms and Community Right-
to-Know Reporting Requirements; Final
Rule

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38344
Federal  Register / Vol. 52. No.  199 / Thursday. October 15. 1987  /  Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 370

[FRL 3251-9]

Emergency and Hazardous Chemical
Inventory Forms and Community
Right-to-Know Reporting
Requirements

AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.

SUMMARY: Section 312 of the Superfund
Amendments and Reauthorization Act
of 1986 (SARA), signed into law on
October 17.1988. required the
Administrator to publish a uniform
format for emergency and hazardous
chemical inventory forms within three
months. Under sections 311 and 312 of
SARA, facilities required to prepare or
have available a material safety data
sheet (MSDS) under the Occupational
Safety and Health Act (OSHA) and its
implementing regulations must submit
the MSDS and the inventory forms to
local and State  officials. These reporting
provisions give public access to
information on hazardous chemicals
present in the local community for a
wide variety of uses including
emergency response and environmental
and public health planning priorities.
Today. EPA publishes a revision of the
form for inventory reporting based on
public comment received on the January
27.1987. proposal and the July 14.1987,
notice reopening the comment period on
several issues. EPA is also publishing
the final rules for reporting under
sections 311 and 312.
EFFECTIVE DATES: This rule becomes
effective on October IS. 1987. Other
dates relevant to this rule include the
following:
  1. Initial  submission of material safety
data sheets or alternative list: October
17,1987 (or 90 days after the owner or
operator of a facility is required to
prepare or have available an MSDS for
a hazardous chemical under OSHA
regulations, whichever is later For
facilities newly subject to OSHA MSDS
requirements in May 1988. MSDS or
alternative lists will be due in August
1988).
  2. Initial submission  of the inventory
form containing Tier I information:
March 1.1988 (or March 1 of the first
year after a facility is required to
prepare or have available an MSDS for
that hazardous chemical under OSHA
regulations, whichever is later. For
facilities newly subject to OSHA MSDS
requirements in May 1988. Tier I
                             information must be submitted annually
                             beginning March 1.1989).
                             ADDRESS: The record supporting this
                             rulemaking is contained in the
                             Superfund Docket located in Room
                             Lower Garage at the U.S. Environmental
                             Protection Agency. 401 M Street SW..
                             Washington. DC 20460. The docket is
                             available for inspection by appointment
                             only between the hours of 9:00 a.m. and
                             4:00 p.m.. Monday through Friday.
                             excluding federal holidays. The docket
                             phone number is (202) 382-3048. As
                             provided in 40 CFR Part 2, a reasonable
                             fee may be charged for copying services.
                             FOR FURTHER INFORMATION CONTACT
                             Kathleen Brody. Program Analyst
                             Preparedness Staff. Office of Solid
                             Waste and Emergency Response, WH-
                             562A. U.S. Environmental Protection
                             Agency. 401 M Street SW.. Washington.
                             DC 20460. or the Chemical Emergency
                             Preparedeness Program Hotline at 1-
                             (800) 535-0202. or in Washington. DC at
                             (202) 479-2449.
                             SUPPLEMENTARY INFORMATION: The
                             contents of today's preamble are listed
                             in the following outline.
                             I. Introduction
                               A. Statutory Authority
                               B. Background
                                 1. Superfund Amendments and
                                 Reauthorization Act of 1986 (SARA)
                                 2. Title III
                                 3. Subtitle B
                             0. Summary of the Public Comments on the
                                 Proposed Rule
                             III. Summary of Revisions to the Proposed
                                 Rule
                             IV. Response to Major Public Comments
                               A. Definitions
                               B. Reporting Thresholds
                               C. Submission of Material Safety Data
                                 Sheets
                               D. Hazard Categories
                               E. Mixtures
                               P. Public Access to Information
                               C. Trade Secrets and Confidentiality
                               H. Design and Content of Forms
                               I. Integration of Title ni Federal
                                 Requirements with State and Local
                                 Programs
                               J. Information Management
                               K. Regulatory Impact Analysis
                               L. Miscellaneous
                             V. Relationship to Other EPA Programs
                               A. Other Title III Programs
                                 1. Subtitle A — Emergency Planning
                                 2. Subtitle B — Section 313 Emissions
                                 Inventory
                                 3. Trade Secrets
                                B. CERCLA Reporting Requirements
                             VI. Effective Dale
                             VII. Regulatory Analyses
                                A. Regulatory Impact Analysis
                                B. Regulatory Flexibility Act
                                C Paperwork Reduction Act
                             VIII. Submission of Reports
I. Introduction

A. Statutory Authority

  These regulations are issued under
Title III of the Superfund Amendments
and Reauthorization Act of 1986 (Pub. L.
99-499). ("SARA" or "the Act"). Title III
of SARA is known as the Emergency
Planning and Community Right-to-Know
Act of 1986.

B. Background

1. Superfund Amendments and
Reauthorization Act of 1986 (SARA)

  On October 17.1986, the President
signed into law the Superfund
Amendments and Reauthorization Act
of 1986 (SARA), which revises and
extends the authorities established
under the Comprehensive
Environmental Response. Compensation
and Libility Act of 1980 (CERCLA).
Commonly known as "Superfund."
CERCLA provides authority for federal
clean-up of sites where hazardous
materials have been deposited or
released and for response to releases of
hazardous substances or other
contaminants. Title III of SARA
establishes new authorities for
emergency planning and preparedness.
community right-to-know reporting, and
toxic chemical release reporting.

2. Title ID

   Title III of SARA, also known as the
Emergency Planning and Community
Right-to-Know Act of 1986. is intended
to encourage and support emergency
planning efforts at the State and local
levels and to provide citizens and local
governments with information
concerning potential chemical hazards
present in their communities.
   Title ED is organized into three
subtitles. Subtitle A establishes the
framework for State and local
emergency planning. Final rules for
facilities subject to Subtitle A
requirements were published on April
22.1987.52 FR13378. Subtitle B provides
 the mechanism for community
awareness concerning hazardous
 chemicals present in the locality. This
 information is critical for effective local
contingency planning. Subtitle B
 includes requirements for the
 submission of material safety data
 sheets and emergency and hazardous
 chemical inventory forms to State and
 local governments as well as the
 submission of toxic chemical release
 forms to the States and EPA. Subtitle C
' .contains general provisions concerning
 trade secret protection, enforcement.
 citizen suits, and public availability of
 information.

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           Federal Register / Vol. 52. No. 199 / Thursday, October 15, 1987 / Rules and Regulations    38345
 3. Subtitle B

   Subtitle B of Title III is primanly
 concerned with providing information to
 aopropnate local. State, and federal
 officials on the type, amount, location.
 use. disposal, and release of chemicals
 at certain facilities.
   Subtitle B contains three reporting
 provisions. Section 311 requires the
 owner or operator of facilities subject to
 the Occupational Safety and Health Act
 of 1970 (OSHA) and regulations
 promulgated under that Act (15 U.S.C.
 651 et seq. as amended. 52 FR 31852
 (August 24.1987)) to submit material
 safety data sheets (MSDS), or a list of
 the  chemicals for which the facility is
 required to have an MSDS. to the local
 emergency planning committees. State
 emergency response commissions, and
 local Tire  departments. The facilities are
 required to submit the MSDS or
 alternative list by October 17.1987. or
 three months after the facility is
 required to prepare or have an MSDS for
 a hazardous chemical under OSHA
 regulations, whichever is later.
 Information collection requirements are
 approved by Office of Management and
 Budget under control number 2050-
 0072.)
   Under section 312, owners and
 operators of facilities that must submit
 an MSDS under section 311 are also
 required to submit additional
 information on the hazardous chemicals
 present at the facility. Beginning March
 1.1988. and annually thereafter, the
 owner or operator of such a facility must
 submit an inventory form containing an
 estimate of the maximum amount of
 hazardous chemicals present at the
 facility during the preceding year, an
 estimate of the average daily amount of
 hazardous chemicals at the facility, and
 the location of these chemicals at the
 facility. Section 312(a) requires owners
 or operators of such facilities to submit
 the inventory form to the appropriate
 local emergency planning committee.
 State emergency response commission.
 and  local fire department on or before
 March 1.1988 (or March 1 of the first
 ysar after the facility first becomes
 subject to the OSHA MSDS
 requirements for a hazardous chemical)
 and  annually thereafter on March 1.
  Section  312 specifies that there be two
 reporting "tiers" containing information
 on hazardous chemicals at the facility in
 different levels of detail. "Tier I."
 containing general information on the
 amount and location of hazardous
chemicals by category, is submitted
annually. "Tier II." containing more
detailed information on individual
chemicals, is submitted upon request
   A proposed rule setting forth sections
 311 and 312 reporting requirements and
 forms for inventory reporting under
 section 312 was published on January
 27.1987. 52 FR 2836. Additionally, on
 July 14,1987, EPA announced reopening
 of the comment period on three issues
 raised during the initial rulemaking and
 held a public meeting on  those issues. 52
 FR 26357 (July 14.1987). Today's rule
 finalizes the reporting requirements and
 the inventory forms, which have been
 revised based on public comment.
   Section 313 requires that certain
 facilities with ten or more employees
 that manufacture, process, or use a
 "toxic chemical" in excess of a
 statutonly-prescribed quantity submit
 annual information on the chemical and
 releases of the chemical into the
 environment. This information must be
 submitted to EPA and to the appropriate
 State offices annually beginning on July
 1.1988. EPA is required under section
 313(i) to establish a national toxic
 chemical inventory database for the
 management of these data. A proposed
 rule setting forth section 313 reporting
 requirements and a form for submission
 of such reports was published on June 4.
 1987. 52 FR 21152.
   The public has access to most Title HI
 information at locations designated by
 the Administrator, the State emergency
 response commission, or local
 emergency planning committee, as '
 appropriate.

 II. Summary of the Public Comments on
 the Proposed Rule
   A total of 241 letters was received on
 the proposed rule setting forth sections
 311 and 312 requirements  and an
 additional 94 letters following the notice
 of the reopening of the comment period
 on July 14.1987. There were a number of
 comments requesting clarification of
 terms and exemptions provided in the
 rule. Specific comments focused on the
 definition of "facility" and the need for
 clarification of the exemptions that are
 applicable to the definition of
 "hazardous chemical." particularly the
 exemptions related to research
 laboratories, household products, and
 solids.
   There were numerous comments on
 the proposed reporting threshold; these
 focused on the appropriate length of
 phase-in, appropriate reporting
 threshold quantities in each year, and
 the threshold for the extremely
hazardous substance list. Many related
comments identified the need for funds
 to implement these reporting
requirements.
  Another issue commonly addressed
by commenters was the need to reduce
the number of physical and health
 hazard categories by which the MSDS
 list and Tier I and Tier II submissions
 are compiled. There were also
 comments on the design and content of
 the reporting forms.
   Other major issues were the need for
 integration of the federal reporting
 requirements into existing State and
 local programs and flexibility for
 effective implementation by State and
 local governments.
   Other comments addressed
 information management, the economic
 analysis and  small business analysis.
 confidentiality of information, and
 enforcement and penalties.

 III. Summary of Revisions to the
 Proposed Rule

   This section describes the significant
 changes that EPA has made to sections
 311 and 312 reporting regulations based
 upon the public comments on the
 proposed  rule. The following summary.
 which is organized according to the
 sections of the rule, describes each of
 the changes.

 Section 370.2 Definitions
   Under section 311. an alternative  to
 submitting the actual MSDS for each
 "hazardous chemical" at a facility is the
 submission of a list of such chemicals.
 grouped in "categories of health and
 physical hazards" as set forth under
 OSHA or  its implementing regulations.
 Section 312 specifies that these
 categories should also be used in Tier I
 inventory reporting. EPA is authorized
 under these sections to alter these
 hazard categories.
  The proposed rule required use of the
 OSHA hazard classification but
 solicited comment on several other
 options for establishing hazard
 categories. Based on the numerous
 comments requesting modifications  of
 the categories in the proposed rule, EPA
 has consolidated the 23 OSHA hazard
 categories into five categories, as
 discussed in more detail in Section IV.D.
 of this preamble.
  A definition for "hazard category" has
 been added to indicate the hazard
 classification to be used for Tier I and
 Tier II reporting and when the
 alternative list of chemicals rather than
 MSDS is submitted under S 370.21 of the
 rule.
  Definitions of "extremely hazardous
 substance" and "threshold planning
 quantity" (TPQ) have also been added
 because of the reference to these terms
 in the minimum threshold regulation.
 Additionally, "present in the same form
 and concentration as a product
 packaged for distribution and use by the
general public" is defined to help clarify

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the-nonsenold product" exemption.
EPA aiao tliniTTinlnt the reference to40
CFR Part 3QO far additional definition of
terms., since ait necessary terms are now
defined in Parts 350 and 320. Finally.
EPA eliminated the definition on "Act"
because that term does not appear
elsewhere is the regulations..
Section 37020  Applicability
   Several changes were made to this
 section based ait public comment. First.
 EPA has revised the threshold level* for
 reporting, as discussed in more detail in
 Section W.B. of this preamble. EPA has
 revised the rule to raise th* threshold in
 the second year and to establish a
 threshold of 500 pounds or theTPQ.
 whichever is less, for extremely
 hazardous; substances. (For nst of
 extremely hazardous substances, see 52
 FR 1337ft (April 22.1987)t to be codified.
 at 49 CFR Part 3554 Section 370.20 of the
 final rule has been revised to reflect
 these changes.
    Several commeBters requested
 clarification on whether the threshold
 applies to the calendar year or to the
 year preceding October 17. The final
 rule was modified to delete reference to
 year in order to.make clear that MSDS
 reporting on October 17,1987. is to be
 made for chemicals present at or above
  the threshold on that date. With regard)
  to inventory reporting, § 370.25 has been
  modified to make clear thai reporting ts
  for the preceding calendar year as
  specified under Section 312. In addition,
  the rule has been clarified by setting out
  the threshold as. they apply to MSDS
  reporting, inventory reporting, and
   faculties that become sofaject to these
   requirements after October 17,1987.
                                    for MSDS betettr the threshold and
                                    MSOS for Gated cheaicate.
                                      Sectwn 37H25(c} of the final rute
                                    indicates tfca* the Tier B form must be
                                    submitted to the commission, the
                                    committee, and the fire department upon
                                    the request of such entities, hi the
                                    proposed rutev the commission wa*
                                    omitted erroneously.
                                    Section 37O2B  Mixtures
                                      Section (a) has. beea modified to
                                    indicate that repotting of mixtnces under
                                    § S 370.21 and 378.25 should be
                                    consistent "where practicable." This
                                    was done because one commentei
                                    pointed out that coosistencjr in reporting
                                    may not always be pessibag e.g>, the
                                    percentage of the hazardous
                                    components may not be known.
                                       A new section f b) was addled to
                                    describe the calculation, off the quantity
                                    of mecnires. tf the reporting is on each
                                     component that is a hazardous eheancaU
                                     then the concentration of the: hazardous
                                     chemical, in weight percent (greater
                                     than 1* orO.1% if cascinoaenie) most be
                                     multiplied: by the mass |iu pounds) of
                                     the mixture to determine me quantity of
                                     the hazardous chemical therein. If the
                                     reporting is on the mixture itseff.the
                                     total quantity of die mixture oust be
                                     reported*
                                     Sections 370.40 and370.41  Inventory
                                     Forms
                                        As discussed in Section IV J. of this
                                      preamble, several commenters sought
                                      chffificatnnr on the extent to  which State
                                      or local forms similar in purpose and
                                      content could be ased in heu. of tn* form
                                      pubnshed under section 312.  Because
                                      facilities will need some certainty in.
                                      [.••ting their reporting: obligations, EPA
                                      is clarifying; the-role to indicate that tae
                                       fenast published today are to- be
                                       considered* axdfono formats for
                                       reporting. However, Slate crtocal
                                       governmentemay add snppl
                                           -----
   Section 370.21  MSDS Reporting
     In response to a request for
   clarification; regarding; repotting of
   mixtures-under the MSDS list Bepuiuag.    o	      .          ^^
   § 37G.21ib){ui) has been modified to       questions. Mew |ft:3*°>*JW "*
   indicate that the hazardous components   37ftal|a) address, tern issue n the fins*
   ofmixhnesdonotneedtobBBeported    rule. This seetnw has ateaibeenreTOed
      	f ^L _ mjvture **—••*>•••          •	•• —   ••-• "•• »«• ••*«Bm«itB»oi
  The title of subsection fc) of i 370.21
has been changed from "update
reporting" to "supplemental reporting'
to reflect more accurately tne content.
This paragraph has also-bees modifietf
to require that revised MSDS be
submitted not only to the committee aa
indicated hi the proposed nde. but also-
to the commission, and the fin
department. This, change was made to
ensure accuracy of the files held by
these entities.
  Section 37O2±td) has. been, revised to
clarify that facilities, must respond to aH
requests! far MSDS, including- Eeqpest*
ruiemaiuny uun in»m.cTi^«» ••«•• ~«- -— - -
form must be submitted to EPA. Section
370 41 in today's rule correctly indicates
that the Tta U fora- must be sabmirted
to to* SEM& LEFC. aw* fire department
as required in ft WJ/Sfcj*
  In response to severalicoBBBeBte
concerning the average daily amount
      	*  	«• tA, n an nthnri aTaT
                                           COnCESning MIW «*» •&•• —f —~
                                           EPA has changed the method rf
                                           calculating this figun. Tke< ceaa
                                           primary concern was: tfcs EPA's	
                                           proposed method' of catatlauoai ww«W
                                           create misleadingly low figures for
                                           chemical* that are present oMite » t
                                           oniy start periods of tSme. Oft-the-Snel
                                           form, avesae &&> anaunt is te>be>
calculated by dividing the total of aff
daily weight* by the-number of day sand
chemical was present on. the site. To
reflect the amount moee accurately.
however. EPA will require facilities to
report the Bomber of days used in tae
calculation.
  Although several commenters
requested that EPA eliminate the
requirement for a 24-hour emergency
contact. theAgency has retained this.
requirement with minor changes, as
discussed in Section IV.H. of this
preamble. The final forms for both Tier I
and Tier II have space for two
emergency contacts and contain
 amended instructions that allow the
 naming of an office, instead of an
 individual, as a contact.
   After considering numerous comments
 about the certification statement. EPA
 has deleted1 the word "immediately"
 from the proposed Tier I and Tier II
 certification statements, ta its present
 form, the statement indicates that the
 person signing has read all the
 information in the inventory and has
 been responsible in a supervisory
 capacity—directly or indirectly—for the
 gathering of the information.
    EPA made several other minor
  changes in both the Tier I and Tier n
  forms. The revised forms include the
  correct B-Z-1 block format for CAS
  numbers- and a 4-block format for SrC
  codes. The revised instructions include
  an- explanation of where a fadTity can
  find ifs Den ft Bradsn^tmnnber. a
  clarification of the reporting of CAS
  numbers of mixtures, a stalemenl-of the
  thresholds promulgated by the
  regulations, and a chmficafian that
  those thresholds apply to the calendar
  year precedinf the reporting deadline.
   Additionally, me irwtrections for the
   forms hare been modified to
   differentiate-between Tftte HIand
   OSHA exemption, hwhnhng the
   supplementary OSHA exemptions that
   appry under the newfy revised1 hazard
   communication standard.
      hi response to numerous comments
   regarding tfte rbcantm identification
   system on Ae Tier II form., the Agency
   has clarified that the- building and lotbe
   indicated, at» minimum, and has added
   the option of providing a brief narrative
   statement of location to the sitej*m
    and s*»e eo^rdSnales options. EPA nas
    renewed1 the 3-spaee site co-ordinate
    abbreviation and adtferf a blank Kne to
    provide more space-for this narrative
    descripSen. Miner changes made to the
    Tier n fcr» rise indade more space for
    the chemical name. In addition, cede*
    of the temperature- and pressure eoe>
    ("less than- ambfeat temperetwe > w
    revised sngn«Pr «o avew* everlap

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           Federal Register / Vol. 52. No. 199  / Thursday. October 15. 1987 / Rules and Regulations    38347
 between code 6 and code 7 ("cryogenic
 conditions").

 IV. Reponses to Major Public Comments
  A document summarizing the
 comments and providing EPA's
 responses to all the public comments is
 available in the public docket to this
 final rule. The major issues raised by the
 commenters and the Agency's response
 to them are described below.

 A. Definitions
 I. "Facility"
  Several commenters requested a
 clarification of the general definition of
 "facility" for purposes of Title d.
 Commenters requested that the term be
 limited to manufacturing, distribution.
 and storage facilities, or to operations
 required to prepare or have available an
 MSDS rather than the whole site. Other
 commenters asked the Agency to clarify
 whether the term excludes motor
 vehicles, rolling stock, and aircraft
 Additional comments questioned
 whether the term "facility" includes
 non-adjacent warehouses and
 contractors who bring hazardous
 materials onto a plant site.
  In both the proposed and final rules,
 EPA has codified the definition of
 "facility" provided in section 329 of
 SARA. Section 370.2 provides that, for
 the purposes of these regulations,
 "facility" means all buildings and other
 stationary items located on contiguous
 property under common ownership or
 control. Certain non-stationary items
 (motor vehicles, rolling stock, and
 aircraft] are  also considered facilities,
 but only for the purposes of emergency
 release notification under section 304 of
 the Act (codified at 40 CFR 355.40).
 Thus, transportation vehicles are not
 "facilities" for purposes of this rule.
 ("Transportation-related facilities"
 under Title III are further defined in 40
 CFR 355.20.)
  In response to comments requesting
 EPA to limit "facility" to manufacturing.
 distribution, and storage, under Section
 329, the term "facility" is not limited to
 manufacturing, distribution, and storage
 facilities, or operations required  to
 prepare or have available an MSOS.
 However, sections 311 and 312
 requirements are applicable only to
 facilities required to comply with the
OSHA hazard communication standard,
which is currently limited to facilities in
SIC codes 20-39. OSHA has recently
expanded the application of the hazard
communication standard to facilities in
the non-manufacturing sector, to be
effective over the next nine months. 52
rR 51852 (August 24.1987). With respect
to the non-adjacent warehouses, any
offsite storage would be considered a
separate facility because the definition
of "facility" includes only adjacent or
contiguous property.
  With respect to contractors bringing
hazardous matenal on-site. the
hazardous material brought to a facility
is subject to sections 311 and 312
requirements if the facility is required to
prepare or have available an MSDS for
the material. Off-site contractors, if
subject to OSHA MSDS requirements,
will be required to submit MSDS and
inventory forms for the material.
2. "Hazardous Chemical" Issues
  Several commenters believed that
federal agencies should develop a
common definition of "hazardous
substance" and "hazardous chemical."
  Title ni uses several different terms to
describe related groups of substances.
"Hazardous substances" are substances
subject to CERCLA provisions and are
defined in section 101(14) of that Act.
"Extremely hazardous substances" are
substances subject to the emergency
planning provisions of Title III and are
defined in section 302 of SARA.
"Hazardous chemical" comprises the
group of substances subject to sections
311 and 312 and is defined as all
"hazardous chemicals" as defined under
OSHA and its implementing regulations,
but with five additional exclusions
under section 311(e) of Title III. Because
all of these groups of substances are
specifically defined by statute. EPA is
not able to revise the definitions to
eliminate all differences among them.
However. EPA is attempting to clarify
the requirements pertaining to these
different types of substances both
through the Title in rulemakings and in
future rulemakings concerning CERCLA
hazardous substances  so that any
confusion generated by the different
definitions is minimized.
  EPA received numerous requests for
clarification of the OSHA definition of
"hazardous chemical."
  Under OSHA's hazard communication
standard, "hazardous chemical" is
defined as any element, chemical
compound, or mixture of elements and
compounds that is a physical or health
hazard. 29 CFR 1910.1200(c). OSHA does
not specifically list all of the substances
that may be "hazardous chemicals" but
provides definitions of hazards, criteria
for evaluating hazard information, and
sources of information to determine the
physical and health hazards of each
chemical. Section 311(e) provides five
exclusions from this definition. These
exclusions are listed under the
definition of "hazardous chemical"
under § 370.2 of this regulation.
  OSHA regulations also exempt other
substances and products from the MSDS
requirements, including Resource
Conservation and Recovery Act (RCRA)
hazardous wastes, tobacco products.
wood, and manufactured articles.
Because these are not exclusions from
the definition of "hazardous chemical"
but rather from the applicability of the
MSDS requirements, these exclusions
are not listed under § 370.2 of the final
rule, as requested by a commenter, but
are provided in the instructions on the
Tier I and Tier II forms.
  3. "Research Laboratory"
  The Agency received numerous
comments requesting clarification of the
exemption under section 311(e) for
chemicals used in research or medical
facilities.
  Section 311(e)(4) of SARA and § 370.2
of the regulations exclude from the
definition of "hazardous chemical" any
substance to the extent it is used in a
research laboratory or a hospital or
other medical facility under the direct
supervision of a technically qualified
individual. EPA believes that  this
exclusion is  designed to exempt
facilities where small amounts of many
types of chemicals are used, or stored
for short periods, that are not hazardous
to the general public when  administered
or used under appropriate supervision.
  In addition, it is important to
recognize that the exemption applies to
the substance used, rather than to the
entire facility. Thus, research and
medical facilities are not exempted from
reporting requirements under sections
311 and 312; rather, they will not need to
provide information on many of their
chemicals.
  With respect to research laboratories,
EPA interprets the exclusion to apply to
research facilities as well as quality
control laboratory operations located
within manufacturing facilities.
However, laboratories that produce
chemical specialty products or full-scale
pilot plant operations are considered to
be part of manufacturing rather than
research operations and would not be a
"research laboratory." EPA has adopted
this interpretation of "research
laboratories" because  it is consistent
with the interpretation of "laboratory
operations" used by OSHA in enforcing
its limited requirements under the
hazard communication standard for
such facilities. In addition,  the Agency
believes this definition is consistent
with the purpose of this exemption
because it confines the exclusion to
operations where small quantities of
hazardous substances  are used for short
periods of time under the supervision of
highly trained individuals.

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Vol. 55 Ffov 19S I" Tnnrarfar. October I?- 198T / Rnlea and RppiTaffnns
      i respect ta>m«ttcal facilities;
cmnmeoleis requested that EPA tuiuuipf
veterinary and dental' operations and
portions of facilities dedicated to
medical or first-aid purposes. hi
contrast. """ commenter requested that
EPA eliminate the exclusion for medical
facilities.
  EPA does not beheve that it has the
authority ta expand the definition of
"hazardous, chemical" beyond that
provided by Congress in section 33.1 te)
and therefore raimm± eliminate the
exclusion for substances used in>
medical facilities. However, as- noted
earlier, the exclusion is net for medical
facilities but is. limited Ux subatengea
used in die facility fat medical purposes.
In addition,, such, substances must be
used under the direct supervision of a
technically qualified individual. A
medical facility might abo- use. OE store
hazardous chemicals, that are not used.
for medical purposes, under the
supervision, of a "technically qualified
individual." Such, chemicals would be
subject to sections 311 and 312,
requirements unless, excluded under
another exemption under section. 311 or.
OSHA.
   With, respect to the scope of the
definition of "medical faculty.." EPA.
believes that the terra includes
veterinary and dental operations and
any portion, of a facility devoted to
medical treatment including, first-aid.
   4r. "Household Products"
   Several commenters requested
clarification of the household* product
exemption. One commenter specifically
requested clarification about petroleum.
products.
   Section- Sllfef exempts from the
definition of "hazardous chemical" any
substance to the extent it hr used for
personal, family, or household purposes,
or is present hi the same form and
concentration as a product packaged for
distribution and use by me general
public. EPA interprets this1 exclusion to-
sppfy to hoasehoitt or consumer
products, either m use by/the generaF
public or in commercial or industrial use
when in- the same fora- and
concentration as the product intended
for use by the public. Because-the pubKc
is generally familiar witt web
substances, their hazards; and their
likely locations; the d&ctosare of such-
substances is- unnecessary far righMe-
know pupposesi
   This exemption is- for general
household and domestic products; and
 thus the cleanest example of tt»
application is ovdinavy houcehoft)
products: stored in> a home or located-on.
 a. setaiter's shell However, EPA believes
 that this exemption afoo-appttas tosueh
 products prior te distribution t» the
         consumer wnen in the same* fbrnr and
         concentration; and to seen- products
         when not intended for use by the
         general public. Thus, the exemption also
         applies-to-any substance packaged in
         the same form and concentration as a
         consumer product whether er net it is
         used foe the same parposeas the
         consumer product, m addition, the
         exemption- applies te such products
         when purchased in larger quantities by
         industrial facilities if packaged in
         substantially the same form as- me
         consumer product and present m me
         same concentration. The-exemption-will
         not apply to substances present in
         different cuitcmitiutiuus:from the
         consumer products even if the substance
         is only used in. small1 quantities.
           to the July 1*1987. notice, EPA
         requested comment on the scope of the
         exemption frorni the definition of
         "haoardflMS chemical" under section.
         Sllfej for consumer or household
         products'. EPA specifically-requested
         commeat on- whether the tarn "faraT in
         the phrase-"present in toe. same bom
         and ca&eantramas as a- product
         packaged foe diafciboo'on- and use by me.
         genual public" should refer u» the
         packacjag; of the-product or only the
         physical state.
            Most coauneuters on. the notice
         supported EPA's interpretation that this
         exemption would apply to a substance-
         in tha same concentration as the
         analogous- coasiuuerproducfc whethet or
         not U is used for the same purpose OF
         intended foe useot distribution- to-tha
         general public. Thus, a product labeUed
         "for industrial use. only" weuW qualify
         for this exemption, if it was- in, the same
         form and concentration as tha analogous-
         product used by the general public.
            However, several
          disagreed wilh EPA's proposed
          interpretation that the term "form" refer
          to the packaging, rather than, the.
          physical state., of the substance. One
          commenter argued mat the. packaging, of
          a product does not usually affect us,
          hazardous properties. EPA. disagrees;.
          the packagmg of the product not only
          may affect" the hazard presented by a
          particular substance but also will affect
          the degree to which the public wilt be
          generslfy fanrifiarwitn the substance, its
          hazards; and rts-tifcely locations. For
          instance, if 'finnr* refers only to
          physical state; then the amount of the
          product present in a* container is
          irrelevant. Thus; a-substance may be
          packaged iff smaff contahiets when
          distributed as- a nonsenofd product but
          transported or stored in trafk quantities
          when used fur other purposes: EVen
          though in the same concentration as: the
          househoff product, a- substance may
          pose much greater hazards' when1'
present m significantly forger quantities.
In addition, while the general public
may betaunfair with the heoards posed
by small packages, of hazardous-
materials, they may not be as-aware of
the hazaxds posad by or likely locations
of the same substances when
transported on stored in bulk As a
result. EPA has cetained the proposed
interpretation ol the consumer product
exemption as more consistent with the
community right-to-know purpose of
section 311 and the section ailfe}.'
exemptions. EPA has also added a
definition of this exemption to the
regulation.
  One commenter stated that the
reference to this exemption, aa the
"household product exemption" implies
that products used for personal or family
purposes-but that would not normally be
considered "household products" axe
not exempted. However, section 30.1(eJ
explicitly refers, to substances used for
"personal. fanubjR. oc household
purposes," and EPA dfd not intend to
imply any Boutstion OR this exemption
that woukt exclude only substances
used  for household purposes.
   Concerning the effect of the
exemption, EPA agrees with
commenters who suggested that the
exemption fur consumer products
applies even if the owner or operator of
the facility must prepare or have
available an MSDS for the substance.
The requirements for MSDS submission.
both  in the statute and under the
regulation^ apply only to a faculty that is.
required to prepare or have available an
MSDS for a hazardous chemical.
Because.Title HI contains exemptions
 from. the. definition of hazardous
chemical that do not occur- under the
 OSHA hazacd communication standard.
 noVaU.MSDS.ara subject to the MSDS
 reporting requirement under Title HI
 Thuvia tEue of all ax«B2ationa>uRdac
 section) 311(e}. not just the household
 product exemfttiQBw
   Wife napes* te petroleum products, a
 peteokunc pmdnct is. excluded bom the
 definition of hazardous chemical only
 when need for peanut family, OP
 household purposes, such, as gasoline in
 a family motor vehicle, or whew the
 petrouiiuB product is packaged m the
 same BURBOT as a product avatla&le to
 the genera* pnoRc, svch as a can of
 motor, off. Certain petroleum products or
 petroleum-derived materials may afetr
 be-excluded under section-WifeJf5J
 when BVejpare-Hsedsas'pBrt ofreuntte
 agrieuftarat operations or are fertilizers
 held for sate by retailers;
   5.  Other Exemptions

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          federal Register / VoL 52. No. 15S / Thorsday. October 15.  1987 / Rufea and Regulations    38349
   A number of comments dealt with
 exemptions of specific substances or
 facility types.
   With respect to questions concerning
 the exemption of radioactive sources.
 non-isolated intermediates, and scrap
 steel or steel and metal components.
 MSDS for these substances are required
 under Title 01 only if MSDS are
 necessary for them under OSHA and
 they meet the definition of "hazardous
 chemical" under section 311(e). For
 example. OSHA requires MSDS for non-
 isolated intermediates, and EPA does
 not see the need to exempt these
 substances from reporting.
   OSHA has not included radioactivity
 as a hazard to be covered under the
 HCS. Such hazards would generally be
 covered under rules of the Nuclear
 Regulatory Commission or OSHA's
 radiation rule. Thus, radioactive
 substances are not subject to reporting
 under sections 311 and 312.
   Steel and other similar  non-reactive
 solids are generally exempt from MSDS
 requirement under OSHA (and thus
 from sections 311 and 312) when they
 are articles shaped during manufacture
 whose end use depends upon that
 shape. (See 29 CFR 1910.1200fb).) Even if
 subject to the OSHA MSDS
 requirements, steel and other
 manufactured solids are excluded from
 sections 311 and 312 reporting under
 section 311(eM2).
   Other comments concerning
 exemptions touched on the applicability
 of these requirements to newspaper
 producers, general merchandise
 retailers, and suppliers, dealers, or
 wholesalers who are not involved in the
 manufacture, repackaging, or use of
 hazardous chemicals.
   Contrary to the commenters'
 suggestions that reporting by such
 facilities would be unnecessary, the
 Agency does not believe that
 exemptions for these facilities would be
 justified at this time. The basis of
 community right-to-know is not simply
 the risk that the specific facility may
 pose to a community by virtue of its
 manufacture, processing, or direct use of
 a chemical but rather, the availability of
 information to the surrounding
 community concerning the amounts and
 location of certain substances that are
 present at a facility. Thus, if newspaper
 producers or merchandise suppliers.
 retailers,  or dealers use. handle, or store
 "hazardous chemicals" for which an
 MSDS is required under OSHA. the
 public should have access to that
 information.
  One commenter sought clarification of
whether "storage" includes materials in
pipelines and similar transportation
systems.
   Pipelines are part of the
 transportation exclusion under section
 327. which excludes transportation-
 related facilities from all requirements
 under Title ID except Section 304 release
 notification. Thus, materials on pipelines
 are not subject to the Section 311 and
 312 reporting requirements.
   Several commenters offered
 recommendations on exemptions in the
 agricultural area. Section 311(e)(5) is a 2-
 part exemption that excludes retailers of
 fertilizer from reporting requirements for
 the fertilizer and also excludes any
 substance when used in routine
 agricultural operations. EPA believes
 that this exemption is designed to
 eliminate reporting of fertilizers.
 pesticides, and other chemical
 substances when applied, administered,
 or otherwise used as part of routine
 agricultural activities. Fertilizers
 handled by retailers, even though not
 directly utilized by such persons for
 agricultural purposes, are also excluded.
 Because the general public is familiar
 with the application of agricultural
 chemicals as part of common farm,
 nursery, or livestock production
 activities, and the retail sale of
 fertilizers, there is no community need
 for reporting of the presence of these
 chemicals.
   EPA agrees with the commenter who
 requested that the agricultural
 exemption be applied to horticultural
 growers. The term "agrictorraral" is a
 broad term encompassing a wide range
 of growing operations, not just farms,
 and includes nurseries and other
 horticultural operations.  In addition, the
 general public is likely to expect
 pesticides and fertilizers to be used in
 such operations.
  Another commenter would exempt
 farm supply co-operatives and other
 retail distributors  of agricultural
 chemicals.
  Under section 311(e){5). substances
 sold as fertilizers would not need to be
 reported under sections 311 and 312 by
 retail sellers because such si"
are not "hazardous chemicals."
However, other agricultural chemicals.
such as pesticides, would need to be
reported by retailers and suppliers of
such chemicals if and when they
become subject to the OSHA hazard
communication standard. The
exemption for substances used in
routine agricultural operations applies
only to substances stored or used by the
agricultural user.
  Thus, agricultural chemical retail and
storage operations not now covered by
the OSHA hazard communication
standard will also become subject to
reporting under sections 311 and 312 of
Title UI when the OSHA MSDS
 requirements for such businesses
 become effective.

 B. Thresholds

 1. Threshold Quantities for the
 Hazardous Chemicals in Each Year and
 the Appropriate Phase-in

  Section 370.20 of the proposed rule
 was designed to allow facilities and
 State and local governments to phase in
 the receipt and submission of reports
 under sections 311 and 312 over three
 years. In the first year, only chemicals
 stored in excess of 10.000 pounds were
 to be reported: in the second year, die
 threshold was to drop to 500 pounds.
 triggering reporting on chemicals stored
 between 500 and 10.000 pounds: in the
 third year, there was no threshold, so
 that all remaining hazardous chemicals
 were to be reported. EPA solicited
 comments in the proposed rule on the
 appropriate length of the phase-in period
 and threshold levels for each year. After
 receiving and considering the comments
 concerning the phase-in threshold, EPA
 reopened the comment period on those
 issues in the July 14.1987. notice. EPA
 requested comment on an option under
 which the first-year threshold would be
 10,000 pounds, maintained at 10,000
 pounds in the second year, and dropped
 to 500 pounds in the third and final year
 of the phase-in.
  a. Length of phase-in. Numerous
 commenters addressed the issues of the
 number of years for phase-in of
 reporting and the appropriate threshold
 levels for each year. By far. most
 comments on the phase-in approach
 viewed it favorably, either stating
 specifically that the commenter was in
 favor of a phase-in approach, or
 suggesting alternative phase-in schemes
 ranging from two to ten years in length.
The general reasons given in favor of
phasing-in the reporting were:
alleviating the administrative burden on
government and industry and allowing
time for information management
planning and for the development of
information management systems.
  Fewer than ten of the more than 90
comments dealing with the phase-in
opposed the approach. Some of these
comments questioned whether or not
EPA bad statutory authority to use the
phase-in approach: others said that the
information should be immediately
available or suggested that a phase-in
would not alleviate the burdens on
government and industry but simply
spread the burdens out over time.
  Most of the commenters who favored
the phase-in approach supported a 3-
year phase-in schedule. Some
commenters* however, suggested that

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38350
Federal  Register / Vol. 52. No.  199 / Thursday. October 15. 1987 / Rules  and Regulations
 the phase-in be lengthened, in order to
-provide more time for proper evaluation
 and management of incoming data, as
 well as to give industry time to set up
 appropriate data management systems.
   Comments suggesting a phase-in
 longer than three years fell into three
 categories. About half of these used
 EPA's proposed initial threshold but
 maintained at least one initial or
 intermediate threshold for two or more
 years, allowing for more gradual
 adjustment to the final threshold level.
 Approximately one-quarter of the
 comments requested higher initial
 threshold quantities (ranging from 20.000
 up to 100,000 pounds) and suggested
 reasonable extension to the phase-in
 period. The third group requested a
 longer phase-in, without specific
 quantity suggestions. Several
 individuals favored a "wait and see"
 approach, suggesting that EPA should
 re-evaluate the final threshold decision
 in the second or third year. Nearly all
 commenters on the July 14 notice
 supported the 3-year phase-in.
    EPA disagrees with  commenters who
  questioned EPA's statutory authority to
  establish phase-in thresholds. Section
  311(b) provides very broad authority to
  the Administrator to establish threshold
  quantities below which a facility may be
  exempted from reporting under sections
  311 and 312. Given the serious concerns
  raised in the legislative history over the
  paperwork burden that may be created  '
  for State and local governments under
  these provisions. EPA believes that
  Congress intended EPA to use this
  broad authority to establish thresholds
  that would appropriately balance the
  public right-to-know with the potentially
  overwhelming flood of information to
  State and local governments, especially
   in the First years of the program. EPA
   has thus used its authority to fashion the
   thresholds to meet this Congressional
   objective. EPA has found no indication
   in the statutory language or legislative
   history that the establishment of
   thresholds based on  time as well as
   amounts of chemicals would be
   inconsistent with Congressional intent.
     EPA agrees with the majority of
   commenters. who stressed the
   importance of providing time for local
   and State governments to set up data  ,
   management systems by reducing the
   volume of information being processed
   initially. Because EPA continues to
   believe that the phase-in of information
   is crucial to the development of effective
   Title III right-to-know programs and that
    there is no specific limitation on the type
    of threshold EPA may establish under
    the statute. EPA has decided to retain
                              the 3-year phase-in approach in the final
                              rule with some modifications.
                                EPA recognizes the concern expressed
                              by some commenters over the
                              immediate need to have access to
                              valuable information on chemicals
                              stored below the threshold level. In
                              response. EPA believes that the rule
                              reduces the potential loss of important
                              information due to the threshold in
                              several ways. First, as discussed below,
                              § 370.20 provides no phase-in of
                              thresholds for extremely hazardous
                              substances, which are substances
                              identified by Title HI as significant for
                              emergency planning. Second, the public
                              retains access, by request, to MSDS for
                              chemicals stored below the threshold.
                              Third. EPA has retained a relatively
                              short. 3-year phase-in schedule so that
                              'the baseline threshold is achieved
                              quickly.
                                EPA recognizes that extending the
                              phase-in beyond three years would
                              provide government and industry with
                              additional time to adjust and thus might
                              be beneficial. There is, however, some
                              burden potentially associated with
                              extending the phase-in period, since it
                              delays the date at which full reporting
                               above the permanent threshold is
                               mandatory. In doing so,  it prolongs the
                               uncertainty over how much and what
                               information may be generated and may
                               increase the number of requests during
                               that time. In addition, as discussed
                               below. EPA is not raising the initial
                              ' threshold above the proposed threshold
                               level (10,000 pounds), thus obviating the
                               need to prolong the phase-in on that
                               ground.
                                  b. Threshold Quantities—i. Final
                                Threshold Level. One of the most
                                significant issues in the rulemaking was
                                the issue of whether or not EPA should
                                establish a non-zero threshold in the last
                                year of the phase-in.
                                  Approximately 100 commenters
                                addressed the issue of whether or not
                                zero was an appropriate permanent
                                reporting threshold, with or without the
                                phase-in approach. Of these, few
                                favored the proposed reduction of the
                                threshold to zero in the final year.
                                   Arguments made by those favoring
                                the zero threshold emphasized (a) the
                                volume of information that would be
                                lost through establishment of a non-zero
                                threshold, (b) the difficulty of requesting
                                desired information below the threshold
                                without the chemical-specific
                                 information in section 311 for all
                                 volumes of chemicals, and (c) the
                                 potential hazards posed by small
                                 quantities of chemicals.
                                   The points raised by proponents of
                                 non-zero thresholds fall into several
                                 general groups. First, because there are
numerous chemicals stored in very small
quantities, the data management burden
created by zero thresholds could be
overwhelming for the recipients of the
data, thus jeopardizing public access to
the information. Second, they argued
that non-zero threshold levels could be
established that would capture all
substances of concern to the community
or emergency response personnel and
fire departments. Finally, a large
majority of those arguing for non-zero
thresholds also suggested that  the same
threshold should not apply to the
extremely hazardous substance list;
thus, they argued that information on
chemicals of concern at lower  levels
could be made available without
requiring reporting at those levels for all
chemicals.
   Although several commenters
 requested that the final threshold be
 non-zero without specifying the amount.
 the majority of comments contained
 suggestions for a final threshold, ranging
 from de minimis or one-pound quantities
 up to 50.000 pounds. However, few
 commenters provided a justification for
 the numbers they suggested.
   EPA believes that there are several
 competing concerns that must be
 weighed in determining an appropriate
 final threshold level. First information
 on chemicals of most concern to
 planners and communities must be
 readily available. In addition, enough
  information should be available for
  members of the public and public
  officials to be  able to ascertain what
  additional information they want to
  request. Third, the burden generated for
  government recipients of the reports
  should be manageable.
    After considering the arguments both
  supporting and opposing the     ....
  establishment of a non-zero  threshold in
  the final year of the phase-in, and after
  considering the comments on the 500-
  pound permanent threshold  that EPA
   suggested in the July 14 notice. EPA
   believes that  the balance of these
   concerns weighs in favor of a non-zero
   threshold.
     However, at this time the  Agency is
   not setting a final threshold, but will
   propose one after conducting a study of
   alternative thresholds. The Agency has
   considered 500 pounds (approximately
   the weight of a 55-gallon drum) as the
   final threshold beginning in the third
   year of reporting. Five hundred pounds
   thus will be the point of departure for
   discussion of a final threshold. This
   threshold would eliminate automatic
   reporting of numerous chemicals that
   are stored In smaller quantities. As
   discussed in more detail below.
   estimates based on available evidence

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           Federal Register / Vol.  52, No. 199 / Thursday. October 15, 1987 /  Rules and Regulations     38351
 suggest that 35 to 57 percent of MSDS
 would be subject to sections 311 and 312
 reporting, except upon request, as a
 result of the 500-pound threshold.
   While a 500-pound threshold would
 eliminate numerous reports of de
 minimis levels of hazardous chemicals,
 a substantial volume of information
 would still be provided to State and
 local governments. The 500-pound level
 is also the most common non-zero
 threshold in effect in  States with
 community right-to-know laws. Over
 half of all States have community right-
 to-know laws. Almost one-third of these
 have a threshold of 500 pounds; the
 remaining States have thresholds
 ranging from zero to 500 pounds. This is
 important since EPA's primary concern
 in establishing thresholds under sections
 311 and 312 is to prevent State and local
 governments from being so
 overwhelmed with submissions under
 this program that effective public access
 and government use of the information
 are not possible. A significant number of
 commenters also supported the 500-
 pound threshold.
  Finally, the expansion of OSHA's <
 hazard communication standard to rion-
 manufacturing employers and the
 consequent changes in both the number
 of MSDS and the number of facilities
 covered by Title III magnify the
 difficulties associated with a lower, or
 zero threshold. Because the  community
 right-to-know laws in some of the States
 described above provide broader
 coverage than is currently provided
 under sections 311 and 312 (i.e.. they
 include non-manufacturing facilities that
 will not be subject to sections 311 and
 312 requirements until May, 1988), they
 provide a significant measure of the
 continued appropriateness of this
 threshold when these requirements
 become applicable concurrently with the
 expanded hazard communication
 standard.
  Even if EPA were to establish such a
 500-pound threshold, mis would not
 suggest that no chemicals of interest to
 emergency respondere, planners, fire
 departments, or the public are stored in
 quantities less than 500 pounds, or that
 all chemicals stored above 500 pounds
 pose a hazard to the community. Rather.
 this threshold would attempt to
 establish a balance between setting the
 level high enough to avoid an
 overwhelming paper burden for State
 and local governments and low enough
 to avoid a loss of substantial amounts of
 information. Similarly, a threshold less
 than 500 pounds would likely present an
unmanageable administrative burden.
Thus, States or local governments could'
request information on substances
below the threshold, or a State could
require reporting at lower thresholds
under State law.
  EPA has also considered higher final
threshold levels. As part of the
Regulatory Impact Analysis (RLA) in
support of the proposed rulemaking.
EPA estimated the percentage of
chemicals and facilities that would be
covered at different threshold levels.
This analysis was revised and expanded
for the RIA in support of final
rulemaking. The analysis is the final RIA
of the effects of thresholds on reporting
is based on data sets provided by three
States (New Jersey, New York, and
Michigan) on the quantity of chemicals
stored at a substantial number of
manufacturing facilities, for limited lists
of hazardous substances. Although the
data from each State were adjusted so
that the results would be representative
of the effects of thresholds nationwide.
the limited numbers of facilities
reporting, the restrictive chemical lists,
and other limitations of the data suggest
that the results be viewed with caution.
  EPA analyzed four alternatives for the
final threshold. Estimates  indicate that a
500-pound threshold would lead to
reporting by between 50 and 82 percent
of the facilities covered by current
OSHA requirements, and submissions of
between 35 and 57 percent of the MSDS
for these  chemicals. At this level, the
cost to industry in the third year is
estimated to be $348 million. At higher
thresholds, reporting would  be further
reduced; a 2.000-pound threshold could
result in between 35 and 47 percent of
facilities reporting and 22  to 32 percent
of chemicals being reported. At the 2.000
pound level, the cost to industry in the
third year is estimated to be S225
million. In addition, a threshold that
reduces reporting significantly could
place substantial burdens on all parties
by increasing the numbers of requests
made by government and  the public for
additional information from facilities.
On the other hand, a 50-pound threshold
could result in between 77 and 90
percent of facilities reporting and
between 84 and 79 percent of chemicals
reported. At this level, the cost to
industry in the third year is estimated to
be $387 million. At a zero threshold
level, the cost to industry in the third
year is estimated to be $500 million.
Although information indicates that the
500-pound threshold may represent the
most appropriate balance between the
broad right-to-know information
submission objectives of these
provisions and the need to avoid
overwhelming State and local
governments with the submission of
vast amounts of information on de
minimis amounts of chemicals. EPA is
deferring the establishment of a
threshold in the third year of the phase-
in. The substantial number and
variation of comments received on this
issue and the great uncertainty over the
impact of these requirements on the
recipients of this information, and
ultimately on the effectiveness of this
program, create a need for further study
prior to establishing a permanent
threshold level.
  After the initial submission of the
Section 312 inventory forms in March.
1988. EPA will  have more information
about the effectiveness of the regulatory
thresholds under the federal nght-to-
know program. During this evaluation.
EPA will examine compliance
experience with both State and federal
right-to-know programs, the
completeness of information generated
under these programs, the ability of
State and local officials to manage and
provide public access to this
information, the number and source of
requests for additional facility
information, and volumes of hazardous
chemicals covered at a range of
thresholds. As stated above, following
such review. EPA will initiate another
rulemaking to establish the final year
thresholds.
  ii. Initial Threshold Levels.
Approximately 50 comments on the
proposal addressed  the issue  of the
threshold level in the initial year of a
phase-in, either by proposing  a specific
phase-in schedule of quantities or by
registering support of the EPA proposal
but suggesting a modification for the
final year. Over half of these comments
favored 10,000 pounds. The remaining
suggestions ranged between 15,000 and
100,000 pounds (one comment suggested
up to 500,000 pounds for some
chemicals), with a substantial number
favoring 50.000 pounds.
  In general arguments that supported
raising the first-year threshold
emphasized the consequent decrease in
the reporting burden and the belief that
adequate information on large volume
chemicals would still be available with
a higher threshold
  After considering comments on the
proposal and the July 14 notice. EPA  has
decided to retain 10.000 pounds as the
initial threshold because that level
provides the appropriate balance
between ensuring, that the public has
access to information on large volume
chemicals and reducing the number of
reports to manageable levels in the first
years of the program. EPA has rejected
establishing higher initial thresholds
because it believes that a threshold
greater than 10.000 pounds might not

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38352    Federal Register / Vol.  52. No. 199 / Thursday. October 15.  1987 / Rules and Regulations
provide sufficient information in the first
year of reporting; the best estimates
available to EPA indicate that a
threshold equal to 10.000 pounds may
reduce reporting to less than 13 to 22
percent of facilities or 8 to 13 percent of
chemicals. EPA believes that a reduction
in reporting below these levels would
not be consistent with the community
right-to-know purpose of these
provisions and would provide marginal
benefits in terms of information
management, in comparison with a
10.000-pound reporting threshold.
   iii. Thresholds for Non-manufacturing
Facilities. As indicated in the January 27
proposal and in the July 14 notice. EPA
believes that section 311 and 312
reporting requirements apply to any
facilities subject to OSHA's MSDS
requirements for any Title HI
"hazardous chemical." Because these
requirements are self-implementing
under the statute. EPA does not need to
promulgate a rule in order for these
reporting requirements to become
effective. Under section 311(d). facilities
must submit an MSDS for each
hazardous chemical (or a list of such
chemicals) to the appropriate Stale and
local authorities by October 17.1987, or
within three months after they are
i -quired to have or prepare such an
MSDS. Thus, under the statute, facilities
n iwly covered by the OSHA MSDS
requirements must submit those MSDS
within three months after they are
r -quired to comply with the MSDS
requirements. Because OSHA's MSDS
 requirements will become effective for
 I'.-.e non-manufacturing sector in May.
 1 -?88 (see 52 FR 31852. (August 24.1987)).
 such facilities will be required to submit
 these MSDS under section 311 in
 August. 1988. Similarly, inventory forms
 under section 312 for these facilities
 must be submitted annually beginning
 March 1.1989.
   However, although the section 311
 and 312 requirements take effect without
 any regulatory action on the part of
 EPA. the Agency may. by exercising its
 discretion under the statute to establish
 minimum thresholds for reporting, limit
 the facilities or number of MSDS to be
 submitted under these provisions. EPA
 has. under this rule, established such
  thresholds and amended the proposed
  threshold regulation specifically to
  provide analogous thresholds to
  facilities newly subject to these
  requirements after October 17.1987.
    Some commenters have suggested that
  EPA limit this rule to facilities currently
  subject to  the OSHA MSDS
  requirements, i.e.. facilities in SIC codes
  20-39. However, the effect of such
  limitation  would not be to limit the
scope of the section 311 and 312
reporting requirements since such
requirements are effective without
regulation, but rather to limit the
thresholds established by this rule to
manufacturing facilities. A zero
threshold would thus be in effect for
facilities in the non-manufacturing
sector that become subject to the MSDS
requirements in May. 1988. and would
result in precisely the paperwork burden
that the thresholds in this rule are
intended to avoid.
  Moreover. EPA solicited comment on
the appropriateness of the thresholds in
today's rule as they would apply to the
expected OSHA expansion universe.
Based on information currently
available. EPA believes that the
thresholds applicable to the
manufacturing sector currently subject
to sections 311 and 312 would be equally
applicable to  the non-manufacturing
facilities that will soon be subject to the
MSDS requirements. However, as a
result of concerns raised over the
possible need to provide different
thresholds for the facilities newly
subject to these requirements as a result
of OSHA's expanded MSDS
requirements, EPA is undertaking
additional analysis of the universe
newly-covered by the OSHA MSDS
requirements. This analysis will include
a more detailed analysis of small
business impacts, a review of some
current State right-to-know programs
 that cover non-manufacturing, and the
need for different thresholds for such
 facilities. Following such review and
 prior to the time that this rule requires
 actions by the newly covered non-
 manufacturing universe. EPA wilt make
 the analysis public, receive comment.
 and, if appropriate, revise the relevant
 thresholds.
 2. Thresholds for the Extremely
 Hazardous Substances and Other
 Chemical Lists
   In the proposed rule, EPA provided an
 exeception to the phase-in for
 substances on the list of extremely
 hazardous substances under section 302
 of Title in. The threshold for reporting of
 such substances was zero in the first
 year. EPA requested comments on
 whether the threshold provision should
 contain this exception and whether
  there should be additional exceptions
  for other special chemical lists.
    A majority of the over 60 comments
  on this issue suggested that thresholds
  should be lower for some classes of
  hazardous chemicals (than for
  hazardous chemicals in general), but
  that the threshold for such substance
  should still be non-zero. Several
  comments requested that there be no
"special chemical exception" to the
reporting thresholds on the basis that it
complicated the process. A few
commenters suggested zero or very low
thresholds for varying lists of chemicals
(e.g.. SARA section 302 Extremely
Hazardous Substances  (EHS).
carcinogens on the IARC list other
known human carcinogens, or SARA
section 313 chemicals). Those comments
that addressed the EHS list were split
between suggesting thresholds equal to
the "reportable quantities" (RQs) and
thresholds equal to the "threshold
planning quantities" (TPQs) for the EHS.
(See the April 22.1987. final rule for
further discussion of RQs and TPQs. 52
FR 13378.)
   Of the comments favoring thresholds
that are lower for the EHS than for
hazardous substances  in general, most
favored a non-zero threshold and argued
that the burden of accounting for and
reporting de minimis quantities far
outweighs the risk posed by the EHS in
very small quantities.  Several
commenters argued that reporting of
minute quantities of these chemicals
creates an unnecessary burden on local
and State governments and on
 emergency response groups who receive
 the information.
   Several arguments were made
 concerning the appropriateness of the
 TPQs or the RQs for EHS thresholds.
 The risk of off-site hazard posed by
 these chemicals  either for emergency
 planning or for emergency response
 purposes has already  been explicitly
 taken into account in determining the
 TPQs and RQs. Thus,  several comments
 argued, quantities stored below these
 amounts are unimportant for planning,
 response, or other purposes of sections
 311 and 312.
    After consideration of the several
 arguments and approaches suggested by
 commenters, EPA suggested a one-
 pound de minimis threshold for the EHS
 list in the July 14 notice. Based on the
 additional comments  received on the
 notice. EPA has decided to revise the
 rule to establish a reporting threshold
 for each EHS of 500 pounds or the TPQ.
 whichever is less. This threshold will be
 effective from the first year of reporting
 onward.
    There are several reasons for
 establishing these thresholds. First EPA
  continues to believe that reporting on
  the EHS should not be subject to the
  phase-in. Because, based on the
  information available to date,  EPA
  believes that the 500-pound level
  represents an appropriate permanent
  threshold, the Agency is requiring
  reporting of EHS at a 500-pound
  threshold during the  first year of

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           Federal Register / Vol.  52. No.  199 / Thursday. October 15.  1987 / Rules and Regulations    38353
 reporting, so that information on these
 chemicals can be made available to the
 community, while initial planning efforts
 under section 303 are underway.
   In addition, the EHS list represents
 chemicals that are of particular interest
 to the community; the TPQs have been
 established as representing quantities of
 these chemicals that may pose risks to
 the community and, thus, are of interest
 to emergency planners. The Agency has
 decided, therefore, that for each EHS for
 which the TPQ is less than 500 pounds.
 the threshold in the first year and in
 subsequent years should be the TPQ.
 This will ensure that information
 concerning these chemicals will be
 available not only to emergency
 planners, but to emergency responders
 and the general community as well.
   EPA is not expanding the list of
 chemicals subject to the "special
 chemical threshold" beyond the EHS
 list.  EPA has singled out the EHS list as
 an exception to the phase-in for several
 reasons. Although there are numerous
 chemical lists referenced in Title III, the
 Agency believes that information
 concerning EHS will be critical for
 States and local governments during the
 next year when emergency planning
 efforts are under way. Under section 303
 of Title III, local committees must
 prepare an emergency response plan by
 October, 1988. Because the EHS list
 developed under section 302 of Title ffl
 is intended to be the basis of initial
 emergency planning efforts under
 section 303, information concerning all
 EHS present at facilities will be critical
 in the first year of section 311 reporting.
 EPA believes that such information
 should be made easily accessible to the
 local planning committee through
 mandatory reporting under sections 311
 and 312. rather than burdening the
 committee in the first year of its
 organization with the need to request
 information on EHS from each facility
 under section 303(d) or section 311(c).
 C. Submission of Material Safety Data
Sheets

 1. Material Safety Data Sheet (MSDS) or
yst Option
  A facility may meet the requirements
of section 311 either through submission
of MSDS or a list of chemicals for which
an MSDS is required. In the preamble
 to the proposed rule, the Agency
encouraged facilities to exercise the list
option  whenever possible.
  With one exception, the commentera
indicated unqualified support of the list
option. In addition, many commentera
inquired whether use of MSDS for
routine reporting of potential community
hazards is actually productive and cost-
 effective. However, numerous
 commenters indicated that the lists
 would be difficult to prepare because of
 the difficulty in using the 23 hazard
 categories.
   As discussed in more detail in Section
 III. D. EPA has reduced the number of
 hazard categories in this final
 rulemaking in order to facilitate list
 reporting. EPA is continuing to
 encourage list reporting because it
 reduces the information management
 burden on recipients of the information
 without substantially reducing the
 amount of information provided.
   One commenter requested
 clarification regarding the right of a
 State emergency response commission
 or local emergency planning committee
 to mandate the submission of a list
 rather than the actual MSDS. Because
 the federal law expressly provides that
 facilities may choose whether to submit
 a chemical list or each MSDS, EPA has
 also provided this option in today's final
 rule. However, State or local
 governments may effectively limit this
 choice by establishing reporting
 requirements pursuant to their own
 authority.

 2.  Format and Content of Material Data
 Sheets
   Several commenters requested
 various changes to the MSDS format.
 such as the inclusion of the hazard
 categories on the MSDS.
  EPA agrees that the addition of
 hazard categories on the MSDS would
 be useful and encourages chemical
 manufacturers to include this
 information. However. EPA does not
 believe that modification of the MSDS
 can be required in this rule; the content
 of the MSDS is subject to the regulatory
 authority of OSHA, not EPA.
  A number of commenters raised
 concerns about the responsibility for
 accuracy of MSDS information on the
 part of manufacturers and chemical
 users who pass on an MSDS received
 from other manufacturers.
  "Downstream" recipients of an MSDS
 are not generally responsible for its
 content. However, EPA believes that if
 an owner or operator is aware of
 inaccurate or inconsistent  information.
 he should take reasonable steps to
 clarify the information or alert the
recipients of the information when it is
distributed that it may tie inaccurate.
3. Revisions and Updates
 Two commenters requested
clarification of the requirement to
submit revised material safety data
sheets as applied to a facility that had
exercised the list option. Further
clarification was also requested
regarding any obligation to submit a
revised MSDS if the original was
submitted as a result of a public request.
  Section 311(d) requires a facility to
submit an MSDS or list by October 17.
1987. or within three months after the
owner or operator is required to prepare
or have available an MSDS for the
chemical, whichever is later. An owner
or operator is also required to submit a
revised MSDS within three months of
the discovery of significant new
information concerning a chemical for
which an MSDS was submitted. If a
facility has submitted only a list of
chemicals rather than the actual MSDS.
the facility does not need to file a
revised MSDS upon discovery of new
information. However, after October 17.
1987. if additional hazardous chemicals
become present at such facility, a list of
these (or the MSDS) must be submitted
to the State commission, local
committee,  and fire department within
three months.
  Once an MSDS is submitted, even as
a result of a request, a revised MSDS
must be submitted if the owner  or
operator receives significant new
information concerning the substance.
Because the OSHA regulations require
MSDS to be revised within three months
after a chemical manufacturer or
employer becomes aware of significant
new information concerning the hazards
of a chemical, the Title III regulations
merely require that such revised MSDS
also be submitted to the agencies that
have the original MSDS.

D. Categories for Reporting
  Section 311 list reporting and  section
312 Tier I reporting requirements were
initially based on the 23 physical and
health hazards identified under OSHA .
regulations. To facilitate reporting under
sections 311 and 312, Title III permits the
Administrator to modify the categories
of health and physical hazards set forth
under OSHA regulations by requiring
information to be reported in terms of
"groups of hazardous chemicals which
present similar hazards in an
emergency." Additionally, for Tier I
reporting, the Administrator may require
reporting on individual hazardous
chemicals of special concern to
emergency response personnel.
  In the January 27 proposal, the
Agency proposed the use of the  23
OSHA categories for reporting but
solicited comments on approaches for
modification of the reporting categories.
EPA recognized that a smaller number
of reporting categories might facilitate
the manageability of the information
and enhance its usefulness, particularly
since information on chemicals that

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38354    Federal Register / Vol.  52.. No. 199 / Thursday, October IS.'-1987 / Rules and Regulations
present more than one hazard must be
provided in all applicable categories.
EPA specifically requested comment on
two approaches for modification: Use of
the eight DOT hazard labeling
categories and use of a 5-category
scheme with two health hazard
categories and three  physical hazard
categories. The July 14.1987. Federal
Register notice specifically requested
comment on the proposed use of the 5-
category scheme.
  In response to the January 27
proposed rule. EPA received over 100
comments that  disagreed with the use of
the 23 OHSA categories, while only four
conunenters supported their use. Many
of those conunenters that disagreed
provided alternative categorization
schemes. Many comments supported  the
Department of Transportation (DOT)
categorization scheme in combination
with additional health hazard
categories. The main advantage to using
the DOT categorization would be that
emergency response personnel are
already familiar with these categories.
However, it was designed for hazardous
material transportation and reflects an
emphasis primarily on immediate health
and physical hazards. Thus, the Agency
believes that the DOT categories would
have to be revised to address delayed
(chronic) hazards adequately before this
option could be used for Sections 311
and 312. EPA believes that altering the
DOT categorization  scheme would result
in some confusion and reduce the
effectiveness of this option.
   EPA received several additional
proposals for the modification of the
 reporting categories. However, all of
 these alternatives were refected because
 they either did not adequately
 encompass the OSHA hazard classes,
 did not sufficiently reduce  multiple
 reporting, or did not sufficiently reduce
 the burden of reporting and interpreting
 data by decreasing the number of
 reporting categories.
   After consideration of these
 comments, the suggested alternatives,
 and the burden of using the proposed 23
 categories, EPA has revised the rule  to
 reduce the number of reporting
 categories. Today's  rule contains the 5-
 category scheme described by EPA In .
 the Preamble to the proposal and in  the
 July 14 notice: two health hazard
 categories (immediate or acute hazards
 and delayed or chronic hazards) and
 three physical hazard categories (fire
 hazards, sudden release of pressure
 hazards, and reactivity hazards). Thn
 scheme was supported by • substantial
 number of conunenters.
    A number of other commeBten
 disagreed with the use of the 5-category
 scheme because they thought the
categories were too general and did not
represent groups of hazardous chemicals
that present similar hazards in an
emergency. EPA disagrees with  these
commenters. Although the categories
could be subdivided further, the Agency
believes this could complicate the
categorization process and could result
in inconsistencies in reporting. EPA
believes the 5-category scheme will be
useful to emergency response personnel
by conveying general information on the
types of hazards a chemical may present
in an emergency response situation and
by supplementing other sources of
information commonly used by
emergency response personnel.
  EPA agrees with the numerous
conunenters who noted that this
categorization scheme should
significantly reduce the paperwork
burden of reporting, minimize multiple
reporting and double counting, and
enhance the clarity and usefulness of
the information reported. The Rve
categories have several advantages over
the other proposed alternatives because
they encompass all of the OSHA
categories as well as all  of the DOT
categories, and they address delayed
(chronic) health hazards as well as
immediate (acute] health hazards. The
Agency plans to provide written
guidance to help facilitiate reporting so
that this categorization scheme can be
easily used by both large and small
reporting entities.

E. Mixtures
   EPA received several  comments
regarding the reporting of mixtures. One
 commenter requested clarification of the
 term "mixture." Another desired
 guidance in applying threshold levels to
 mixtures. Several commenters  stated
 their belief that reporting of mixtures
 would be difficult since many mixtures
 have unknown compositions.
   In response to the request for
 clarification of the term "mixture." EPA
 has revised 9 37O28 of the rule to
 include the definition of mixture used by
 OSHA in the hazard communications
 standard. 29 CFR 1910.1200.  In addition.
 5 370.28 has been revised to indicate  •
 how the threshold levels apply to
 mixtures. The rule now  states that if the
 .reporting is on each component of the
 mixture that is a hazardous chemical,
 then the concentration of the hazardous
 chemical in weight percent  (greater
 than 1% or 0.1% if carcinogenic) should
 be multiplied by the mass (in pounds) of
 the mixture to determine the quantity of
  the HnTfflr^rT'f chemical in the mixture.
 If a  mixture is reported as whole, the
  threshold applies to the total weight of
  the mixture.
  Finally, where mixtures have
unknown composition, facilities should
report the mixture as a whole.
F. Public Access to Information

  Title ID contains a number of
provisions relating to public access to
information submitted under sections
311 and 312. many of which were
codified in today's final rule. Section 324
of Title in. which is not codified in the
final rule, requires SERCs and LEPCs to
make all MSDS, lists, and inventory
forms that are submitted under sections
311 and 312 available to the public
during normal working hours. This is the
only source of Tier I information for the
genera] public, and there re no access to
Tier I below the regulatory threshold.
  Section 370.30(8) of the regulation  .
codifies section 311(c) of Title DI and
provides that any person may request
an MSDS through the LEPC.  If the MSDS
is not m the possession of the LEPC
(because a facility had the hazardous
chemical only in amounts below the
threshold or a facility had submitted
only the list of chemicals), the LEPC
must request the MSDS from the facility
and the facility must, under  5 370.21(d).
submit the MSDS within 30 days. Under
 S 370.31, the LEPC must provide the
requested information to the requester.
   Section 370.30(b) codifies  section
312(e) of Title m and provides that any
 person may request Tier n information
 concerning a specific chemical at a
 facility through the LEPC  or SERC. If the
 Tier II information is not in their
 possession, the SERC or LEPC must
 request it from the facility if the
 chemical is stored at the facility in
 quantities above 10,000 pounds or if the
 requester is a public official. If the
 chemical is present in quantities below
 10,000 pounds, the response by the
 SERC or LEPC is discretionary. Under
 g 370.25(c) of the final rule,  a facility
 mast submit requested Tier D
 information within 30 days. Under
 § 370.31, the LEPC or SERC must then
 provide the Tier II information to the
 requester.
 1. Information below Thresholds

    In the proposed rule EPA established
 temporary thresholds below which
 facilities would not be required to report
 under sections 311 and 312. However,
 those thresholds were not applicable to
 public requests for information on
 hazardous chemicals. Thus, facilities
  would need to report on hazardous
  chemicals below the thresholds, but
  only  upon request. Although EPA
  codified the requirement that below-
  rareshold requests be justified for Tier
  information under section 312, no such

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Register / VoL 52. No. 199 /  Thursday. October 15. 1987 / Rules and Regulations
 justification was proposed for below-
 threshold requests for MSDS. EPA
 solicited comment on its approach to
 thresholds and public access.
   Commenters were split over the issue
 of public access to information below
 thresholds through the LEPC. In
 addition, some commenters believed
 that requests for below-threshold MSDS
 information should be justified, and
 some asked EPA to set guidelines for
 demonstrating adequate justification.
   With respect to issues concerning
 request justification, section 312 is
 explicit about the justification of need
 required in public requests for Tier n
 information below 10.000 pounds if such
 information is not already in the
 possession of the SERC or LEPC but is
 silent on the issue of what should be
 included in the statement of need. EPA
 believes that the task of denning
 appropriate criteria for the justification
 of need should be left to the SERCs and
 LEPCs. who must ultimately decide
 whether to remit such a request With
 regard to MSDS information below the
 threshold, neither the statute nor this
 regulation requires that the need
 underlying a request be justified.
 Congress specified in section 311(cK2)
 that MSDS be submitted upon request
 by any person. The Agency thus
 believes that the preservation of access
 to all MSDS information by the public to
 most consistent with the intent of
 section 311.

 2. Justification of Need
  A number of commenters posed more
 specific questions on the necessity of
 justifying requests for Tier II
 information. One felt "need" should
 relate to the potential of a hazardous
 chemical directly to affect either person
 or property. Others noted that farilitfct
 should be able to review requests for
 Tier II information and be allowed to
 comment on sensitivity of information.
  As indicated above, however, the
 LEPC and SERC have ultimate
 responsibility for setting guidelines in
 this area since the statute and today's
 final rule give them the decision-making
 authority in granting requests for Tier II
 information. Therefore. EPA believes
 that issues concerning the statement of
 need should be left to local and State
 officials.
  A few commenters requested that a
 strategy be developed to assist the
 SERC and LEPC in fulfilling their
 responsibilities for public availability.
 Several other commenters felt programs
should be developed to help the general
public interpret and use the information.
EPA intends to provide such guidance in
the form of brochures and pamphlets to
be published and distributed through the
 regional offices to SERCs and LEPCs at
 a later date. EPA recently used a series
 of workshops and other presentations to
 provide information on Tide III to the
 public.
 3. Other Clarification
   Several commenters requested
 changes in the time frames for providing
 information to the public. Some
 commenters had general questions
 about bow the public would have access
 to MSDS and inventory information. The
 public may request Tier II information
 through either the SERC or the LEPC.
 For quantities below 10.000 pounds, die
 SERC or LEPC may exercise discretion
 in forwarding these requests to a
 specific facility. Concerning MSDS
 requests, section 311 and today's final
 rule place the responsibility for handling
 requests only in the LEPC States may.
 however, under their own authority, also
 require provision of such MSDS to the
 SERC.
  One commenter requested that the
 rule clarify that any person may request
 Tier n information. Although the rule
 explicitly states that any person may
 request Tier II information, there are
 certain instances in which it is not
 automatically provided. For in*tanf^ g
 facility may opt to withhold chemical
 location information from the Tier II
 form, and the public would not have
 access to this location information. A
 person may request Tier n information
 for chemicals stored at a facility in
 quantities less than 10.000 pounds, but if
 the SERC or LEPC does not already
 possess the information, the requester
 would be required to give a written
 statement of need. Based on the
 statement the LEPC or SERC may.
 where appropriate, request the
 information from the faculty. A facility
 may also withhold chemical identity
 from disclosure by submitting a trade
 secret claim under section 322. When •
 facility withholds chemical identity by
 virtue of trade secret provisions, the  '
 public may challenge the withholding by
 submitting a petition to EPA pursuant to
 section 322.

 C. Trade Secrets and Confidentiality
  EPA received several comments in
 support of the provision for withholding
 location information from the public at
 the facility's request While a few
 commenters indicated a need Cor criteria
 for determining a confidential location.
 EPA agreed with other commenten that
 a request on the part of a facility owner
 or operator is sufficient. Section 324
 allows a facility to request withholding
of location information without any
determination that such location would
be confidential
                                                            The Agency also received numerous
                                                          comments regarding the protection of
                                                          trade secret information under sections
                                                          322 and 323 of SARA. These will be
                                                          addressed as part of EPA's rulemaking
                                                          on trade secrets under sections 322 and
                                                          323. to be proposed later this year. It
                                                          should be noted, though, that if a facility
                                                          wishes to make a trade secret claim, it is
                                                          required to submit the federal Tier n
                                                          inventory form to EPA. rather than any
                                                          alternative State form, with appropriate
                                                          substantiation. Such trade secret claims
                                                          should be sent to: U.S. Environmental
                                                          Protection Agency. Emergency Planning
                                                          and Community Right-to-Know, P.O.
                                                          Box 70266. Washington. DC 20024-0266.

                                                          H. Design and Content of Forms

                                                            The most significant comments on the
                                                          design and content of the Tier I and Tier
                                                          n forms concerned the calculation of the
                                                          average daily amount and the reporting
                                                          format for storage location. Other
                                                          significant comments concerned the
                                                          emergency contact the certification
                                                          statement, and the Dun ft Bradstreet
                                                          number. In response to these comments,
                                                          as well as comments on the general
                                                          layout and graphic design of the forms.
                                                          EPA has revised the section 312
                                                          reporting forms. Following is a
                                                          discussion of these comments and EPA's
                                                          response.
                                                            On the proposed Tier I and Tier n
                                                          forms, EPA required facilities to report
                                                          maximum daily amount and average
                                                          daily amount in prescribed ranges.
                                                          Several commenters approved of the
                                                          proposed reporting ranges  on the Tier I
                                                          and Tier n forms, but several more
                                                          believed the ranges were too broad. EPA
                                                          received suggestions to narrow the
                                                          ranges, add a range category of 0-0
                                                          pounds, combine the two lowest ranges,
                                                          or devise ranges that correspond to
                                                          powers of ten. A few commenters
                                                          favored broader ranges.
                                                            Upon consideration  of these
                                                          comments, EPA *"»• chosen to retain the
                                                          ranges set forth in the  proposed rule.
                                                          The Agency believes that the ranges
                                                          adequately balance the trade-off
                                                          between protection of confidential
                                                          information and provision of useful
                                                          data. In addition, the present ranges are
                                                          consistent with those proposed for use
                                                          on the section 313 reporting form and
                                                          those used  on tfco Toxic Substances
                                                          Control Act (TSCA) inventory form.
                                                            Several commenters favored EPA's
                                                          proposed method of calculating average
                                                          daily amount that is. by totaling all
                                                          daily weights and dividing  by 385, or
                                                          totaling all monthly weights and
                                                          dividing by 12. Several other
                                                          commenten. however  were concerned
                                                          that the results obtained by the

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38356    Federal  Register / Vol. 52. No. 199 / Thursday. October 15.  1987 / Rules and Regulations
proposed method would be misleading
because it would produce artificially
low amounts for those chemicals
present on site during only short periods
of time throughout the year.
  The Agency has decided to revise the
method of calculating average daily
amount so that the figure is based upon
the number of days the chemical is
actually on site. Thus, facilities should
total all daily weights and divide by the
number of days the chemical was on
site. This method of calculation
produces a more accurate figure for
average daily amount, particularly for
those chemicals that are on site for only
a short time each year. To reflect the
amount more accurately, however. EPA
believes that it will be necessary to
report the number of days used in the
 calculation and has revised the form to
 require reporting of this information.
   The Agency received several
 comments concerning the maximum
 daily amount. As many commenten
 favored the method of calculation as
 expressed doubts  concerning its
 ultimate usefulness. One comraenter
 suggested that EPA require facilities  to
 report maximum storage capacity
 instead of maximum daily amount
   Because  the maximum daily amount
 describes a "worst case" scenario, it is
 useful to both emergency planners and
 emergency responders. It is important
 for them to know  the maximum amount
 of hazardous chemicals that they might
  actually encounter at any time. Because
  storage capacity may not be an accurate
  reflection of the amount of hazardous
  chemicals actually on site at any one
  time. EPA believes that the reporting of
  maximum storage capacity is not an
  appropriate substitute for the maximum
  daily amount. Thus. EPA has not  -
  required reporting of maximum storage  •
  capacity instead  of maximum daily
  amount. However. EPA is aware that
  maximum storage capacity may be the
  best information available to some
   facilities in calculating the maximum
   daily amount.
    EPA received numerous comments
   regarding the "location" section of the
   Tier II form. Several commenters
   requested the use of any site
   identification procedure acceptable to
   local emergency response agencies;
   others suggested that EPA design the
   location coding system solely for ease of
   data entry. Several commenters gave
   specific suggestions for revision of the
   location identification system—namely.
   grid or quadrant systems. Several other
   commenters suggested that EPA allow
   facilities to report that chemicals are
   unbiquitous at the plant. Based on these
   comments. EPA has revised the Tier II
   form to provide for reporting of the
building or lot at a minimum, and to
allow facilities to describe briefly on the
form itself the location of hazardous
chemicals, rather than requiring them to
provide a site plan or site co-ordinates.
EPA believes that the narrative
approach will provide more flexibility
for a facility, in conjunction with its
SERC. LEPC. and fire department to
identify the method of providing the
most useful chemical location
information for specific emergency
response and information management
needs and capabilities of the community
 in which the facility is located.
   EPA believes that additional
 requirements for location information.
 such as site plans or quadrants or grid
 systems, may be useful on a site-by-site
 basis, but are not necessary for each
 facility. If a State or local government
 desires such additional information, it
 may require it to be submitted under
 State or local law as a supplement to the
 federal form. However, the Agency
 encourages State and local governments
 to co-ordinate reporting formats so that
 facilities are not subject to duplicate or
 inconsistent reporting requirements.
    Some commenters requested EPA to
 state the exceptions io reporting on the
 inventory forms. Another inquired about
 the correct number of exemptions.
    The exemptions from reporting under
 both the OSHA hazard communication
  standard and section 311 of Title ffl are
  set out in the instructions to the form.
  The instructions on the proposed forms
  included eight reporting exemptions
  because EPA merged the OSHA and
  Title ID exemptions where there
  appeared to be substantial overlap. In
  this final rule, the instructions to the
  inventory forms state the OSHA and
  Title III exemptions separately for
<  clarity and accuracy.
    EPA received numerous comments
   regarding the certification statement on
   the Tier I and Tier U forms. Several
   commenten raised concerns that the
   statement implied the owner's or
   operator's first-hand knowledge of the
   conditions at the facility relevant to
   Title in. In response to these concerns.
   EPA has modified the certification on
   the final form by deleting the word
   "immediately." to make clear that the
   signatory is responsible for the data on
   the form but has not personally
   interviewed those principally
   responsible for performing the
   calculations. The certification on the   •
   final form now reads: "I certify under
   penalty of law that I have personally
    examined and am familiar with the
    information submitted in this and all
    attached documents, and that based on
    my inquiry of those individuals
    responsible for obtaining the
information. I believe that the submitted
information is true, accurate and
complete."
  A number of commenters wanted EPA
to eliminate or revise the requirement
for a 24-hour contact and telephone
number. One commenter suggested that
EPA require the same number of
emergency contacts on Tier II as on Tier
I.
  The emergency contact is a person, or
office at which persons will be
available, who can aid responders in the
event of an emergency at the facility.
The emergency contact need not be a   .
person with expertise concerning the
chemical hazards at the facility, but he
or she must be available to act as a
 referral if emergency responders need
 assistance in responding to a chemical
 accident at the facility. Although the
 Agency requires facilities to supply the
 name of only one emergency contact
 both the Tier I and Tier II forms will
 have space  for two. A facility may
 supply two emergency contacts as
 necessary to ensure 24-hour availability.
   Numerous commenters inquired about
 the extent to which they could use their
 computers for reporting. The majority of
 the comments focused on the
 acceptability of computer-generated
  facsimiles of the forms; others dealt with
  electronic transmittal of data.
   To the extent possible. EPA has
  designed the Tier I and Tier II forms to
  accommodate computer output. Since
  EPA wiU not receive the information.
  however, the issues regarding computer
  facsimiles and electronic transmittal are
  more appropriately addressed to the
  recipients of the information at the State
  and local levels. However. EPA does not
  believe that any provisions of section
  312 would prohibit computer generated
  facsimile forms or electronic transmittal
  of data.
   -  Several commenters stated that EPA
  should not require hazard category
  information on the Tier II form.
  Although the legislation requires hazard
  category information only on the Tier I
  form. EPA has designed Tier Q as a
  worksheet for the preparation of Tier I.
  For this reason, and because the
  hazards may provide helpful data to the
   users of chemical-specific information.
   EPA believes that hazard categories are
   an essential element of the Tier II form
   and has retained this requirement in the
   final form.
     Although several commenters
   questioned the necessity for the Dun &
   Bradstreet identification number, the
   Agency has opted to retain this
   requirement because of its general
   usefulness as a widely known and
   accessible identifier, unique for each

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           Federal Register /  Vol. 52. No.  199 / Thursday. October 15.  1987 / Rules and Regulations    38357
 facUity. In response to commenters who
 stated that Dun & Bradstreet numbers
 should not be required because they did
 not have such a number. EPA has
 revised the instructions to the form to
 indicate where facilities can obtain the
 number. (Information collection
 requirements are approved by Office of
 Management and Budget under control
 number 2050-0072.)

 /. Integration of Title III Federal
 Requirements With State and Local
 Programs
  A large number of commenters
 registered concern about the potential
 for duplication in data collection, since
 Title III requirements overlap with
 reporting provisions under some State
 and/or local laws. Some commenters
 would prefer to comply with Title III
 through equivalent State programs:
 others suggested that the reporting rules
 be flexible enough to allow integration
 with existing programs.
  Although section 321 states that Title
 III generally does not pre-empt State or
 local laws, including similar community
 right-to-know reporting, the Agency
 strongly discourages duphcative
 reporting systems that would increase
 the community right-to-know paperwork
 burden and thus potentially reduce the
 effectiveness of the program and of
 public access to information. EPA
 encourages States to modify their
 community right-to-know requirements
 to accommodate Title III without
 eliminating additional requirements that
 are beneficial to State or local needs.
 The Agency also advises States to
 consider reporting requirements that are
 applicable to local emergency planning
 committees and fire departments. To the
 extent possible in this final rule, the
 Agency has attempted to provide
 flexibility for State and local
 implementation and integration with
 their existing programs.
  Several commenters recommended
 that State and local jurisdictions be
 allowed to determine the method of
 reporting.
  In the final rule. EPA has tried to
 provide as much flexibility aa possible
 to the local and State officials who must
 implement this program, while at the
 same time provide a degree of
 standardization to the regulated
 community and ensure that statutory
 requirements are met. EPA has thus
 revised the regulations to specify the
 circumstances under which a State or
 local form can be used in lieu of the Tier
I and Tier II forms published today.
Revised §§ 370.40 and 370.41 of the final
rule state that facilities will meet the
Section 312 requirements if they submit
the published form, or any State or local
 form that contains identical content
 "Identical content" means that, at a
 minimum, the same information
 requested on the form published in
 today's final rule must be requested in
 some portion of the State form. States
 may. in addition, use the form as
 published today but add supplemental
 questions, either interspersed
 throughout the form or attached at the
 end.

/. Information Management
  With respect to data management
 issues, commenters focused on two
 principal points. First, the majority of
 commenters on this issue strongly
 expressed the conviction that the entire
 program can be made workable only  if
 the information is handled by computer
 systems. The second principal issue
 raised by commenters was the need for
 assistance in organizing the material;
 designing and selecting systems; co-
 ordinating the use of the material among
 SERCs. LEPCs. and fire departments;
 and ultimately making the information
 available to the general public.
  Specific comments concerned the
need to allow information submission in
computer-readable media and for
guidance from the federal government to
aid information management at the
State and local levels. A recurring
message in the comments was the need
for the federal government to play an
active role in solving the extensive data
management problems triggered by Title
m. Suggestions were for EPA, alone or
with OSHA. to develop model MSDS
databases, to design or develop effective
data management and communications
techniques for information systems, to
convene a high level workgroup to draft
a plan for solving the problems, and to
provide seed money to each SERC for
development of its own MSDS
information system. Commeniere also
raised general concerns about the
sources for financial support to
implement the legislation and the time
necessary to prepare for
implementation.
  In response to the general information
management concerns raised by
commenters. the Agency agrees that the
data resulting from Title III compliance
would best be managed through a
computerized system. EPA recommends
that the LEPCs and fire departments
work closely with the SERCs to develop
flexible systems that address the
particular requirements of each planning
district However, because most of Title
III is carried out through State and local •
organizations, it is not appropriate for
the Agency itself to recommend or
design data management systems, to
establish a national database under
sections 311 and 312, to specify data
collection points, or to make any other
information management decisions that
belong to the State and local authorities
implementing the community right-to-
know program. Thus, although EPA
shares commenters' concerns over the
critical data management needs
generated by Title III. EPA believes that
the most appropriate role for the Agency
in information management under
sections 311 and 312 will be one of
technical assistance to State and local
entities in developing effective
information management systems. The
Agency is reviewing such systems in an
effort to identify useful systems that
could meet  State and local needs and
also intends to publish technical
guidance regarding the development of
such systems by States.
  EPA acknowledges that the provisions
of Title III concerning hazardous
chemicals and community right-to-know
present information management
problems that are difficult to implement,
given the statutory time-frames and
governmental budget constraints. Of all
the sections of Title III, sections 311 and
312 present by far the largest
information management burden for
State and local governments. EPA's
concern over this issue has been the
principal basis for several key
regulatory decisions during this
rulemaking. For instance, to  permit time
to work out information management
systems and to ensure that State and
local capabilities are not overwhelmed
during initial implementation, EPA is
establishing a 3-year phase-in schedule
with high initial reporting thresholds for
both sections 311 and 312.
  State and local governments also need
time to obtain funding and to establish
the organizations and processes to
implement mis legislation. In order to
provide as much flexibility as possible
to State and local governments in
establishing their Title III programs. EPA
is leaving decision-making concerning
the medium to be used in reporting (e.g..
paper, magnetic tape.
telecommunication lines) to States and
local governments.
  Some State mi*i local governments
already receive information required
under sections 311 and 312 from
facitities in  their jurisdictions, and some
make this information available to the
public. To the extent that these
submissions under State or local law
meet the requirements of sections 311
and 312 regarding the content of
submission, timing, and recipients of the
information, facilities submitting such
information will be in compliance with
the federal requirements. Duplicate

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•submissions under the federal
community right-to-know program are
unnecessary. Also, in some instances, it
may be permissible for fire departments
to designate such State systems as the
address for their MSDS submissions.
provided that these systems will support
the emergency response needs.
K. Regulatory Impact Analysis
   A number of comments addressed
various aspects of the Regulatory Impact
Analysis. Comments ranged from
general concerns that estimated costs
 for industry or government were loo low
 to specific comments on the time.
 personnel, or equipment attributed to
 individual compliance activities. The
 comments also  addressed the
 methodology used in the RIA. including
 compliance activities they felt had been
 omitted by government, the inclusion of
 costs for requests and trade secrets in
 aggregate costs, estimating costs for
 facilities covered by the OSHA
 expansion, and expanding the treatment
 of small business costs.
   A number  of commenters stated that
 the time estimated for industry  to fill out
 the forms, or the estimates of the time
 and space required by government to
 maintain MSDS. were too low. Other
 commenters argued generally that
 estimates of industry costs were too low
 and gave estimates ranging from one
  and one-half to ten times the EPA
  estimates.
    EPA has revised the analysis to reflect
  variations in costs for sections 311 and
  312 by facility size and number of
  MSDS. EPA has also modified  the
  section 312 inventory forms and clarified
  the instructions in this final rulemaking.
  which should reduce the amount of time
  it will take industry to comply  with
  these requirements. Wage rates used in
  the RIA have also been  increased to
  reflect growth in wages and the
   technical personnel being used to
   comply with regulations. EPA  believes
   that the costs imputed to the final rule
   reasonably estimate, on average, the
   time and other costs that will be
   incurred by facilities complying with the
   requirements of the regulation.
     Several commenters addressed
   government costs, stating that estimated
   costs were too low. that not all
   necessary government activities were
   considered, or that additional personnel
   would be required to comply with
   sections 311 and 312. One commenter
   siated that EPA's estimated costs were
   too low by as much as  an order of
   magnitude.
      In response to these  comments. EPA
   has revised the time requirements to
   include additional time spent.
   particularly by State and local
government on several activities. Wage
rates in the government are assumed
equal to those in the private sector thus.
government wage rates have also been
revised to reflect the estimated change
m private sector wages. It should be
noted that the RIA has assumed that
government agencies do the minimum
activities necessary to comply with the
regulations. Costs are intended to
reflect, on average, the costs that will be
incurred by representative government
entities undertaking these activities.
However, community right-to-know is
essentially a State and local program.
and the costs of implementing its
provisions will depend on the activities
undertaken by each entity. Thus, the
costs presented in the RIA may
underestimate the actual costs to
individual government entities with
 sufficient funding and the ability, need.
 or constituency to be proactive in
 implementing Title in.
   Several commenters said that EPA
 has not included in the RIA the  costs of
 requesting information, responding to
 requests, or making trade secret claims.
 EPA has modified its approach  and
 provides additional sensitivity analysis
 on the possible magnitude of some of
 the costs associated with information
 requests. However, it should, again, be
 stressed that community right-to-know
 is a State and local program; the number
 of requests is highly dependent on the
 extent and nature of the uses to which
 data are put. both by public officials and
 by private citizens and organizations.
 These uses, in turn, depend on  the
  manner and breadth of the
  implementation and outreach plans of
  State and local governments, which
  makes the costs associated with
  requests for information difficult to
  predict. Thus, while a sensitivity
  analysis is provided, the costs of
  requests are not aggregated into total
  costs. The costs associated with trade
  secrets are being addressed in a
  separate rulemaking that is under way
  for the Title III trade secret provisions,
  sections 322 and 323 of SARA.
    Numerous comments point out that
  EPA did not address the costs that may
   be associated with any forthcoming
   expansion of the OSHA hazard
   communication standard. These costs
   are included in a supplemental analysis,
   which is part of the final RIA. These
   costs are not aggregated into total costs
   of sections 311 and 312; total costs
   reflect the costs to facilities and
   government of complying with sections
   311 and 312. given the current scope of
   the OSHA hazard communication
   standard.                ,     .
     Other commenters said that the costs
   estimated for small business  were too
low or that the regulation constituted a
significant impact on small business. An
additional group of commenters
submitted a form letter saying that the
regulations would be an immense
burden on small business.
  EPA has expanded its small business
analysis considerably for the final
rulemaking. In particular, per facility
costs are vaned to reflect both facility
size and the estimated number of
hazardous chemicals that are present.
on average, at a facility in a particular
SIC code and size class. To determine
whether the regulation will have an
impact on small business, a small
facility is defined as one with fewer
 than 20 employees. This group is more
 likely to  show an impact than the
 broader group (50-150 employees)
 suggested in the comments. The analysis
 then looks at the impact on small
 business using several criteria, including
 the ratio of costs per facility to sales.
 After consideration of this additional
 analysis. EPA reached the same
 conclusion as in the proposed
 rulemaking; a substantial number of
 small businesses will be affected, but
 the impact will not be significant. Thus.
 the Agency is not performing a
 Regulatory Flexibility Analysis.

 L. Miscellaneous

 1. Enforcement/Penalties

    The Agency received numerous
  comments and queries on the subject of
  enforcement. Some commenters stated
  that a violation should be treated as a
  one-time occurrence and not a
  continuous violation as specified in the
  proposed rule. Others requested
  flexibility in determining violations and
  assessing penalties, especially where
  the owner or operator makes good faith
  efforts toward compliance. Still another
  commenter asked how enforcement
  would be accomplished.
    With regard to one-time versus
   continuous violations, section 325(c)(3)
   of Title III provides that each day a
   violation of section 311 and 312
   continues shall constitute a separate
   violation. EPA has therefore retained
   this provision in the final rule. With
   respect to issues concerning how EPA
   will enforce compliance with these
   provisions. EPA is preparing a
   compliance strategy for Title III that will
   address these issues. Criteria for
   determining penalties will also be set
   out in that document.

   2. Compliance/Timing

     Two dozen commenters addressed
   questions concerning compliance and
   scheduling. Their statements ranged

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           Federal Register / Vol. 52. No.  199 / Thursday. October 15. 1987 / Rules and Regulations    38359
 from a view that the 45-day response
 period for Tier II requests is unrealistic.
 to a request that EPA stipulate a 15-day
 period for a SERC or LEPC to respond to
 a public request for MSDS or Tier II
 forms and that the same 15-day deadline
 be placed on the facility.
   EPA has retained the 45-day schedule
 for response to Tier II public requests as
 specifically provided under section 312.
 In the regulation. EPA establishes a 30-
 day schedule for response by an owner
 or operator to SERC or LEPC requests
 for MSDS and Tier II information. EPA
 believes that the 30-day timetable for
 Tier II information is necessary to
 ensure adequate time for the SERC and
 LEPC to meet the statutorily-established
 response time. The same period was
 estalished for MSDS responses to avoid
 confusion over applicable time periods
 under this rule. However, the Agency'
 has also rejected the establishment of
 other time limitations in order to
 preserve flexibility at the State and local
 levels with respect to timing of
 responses.

 3. Use of Tier I and Tier II Forms
   Numerous comments were received
 indicating that Tier II information is
 more useful than Tier I information. EPA
 agrees with these commenters. For this
 reason, the Tier II form has been
 designed for potential use as a
 worksheet and guide for gathering
 information ultimately to be used in the
 Tier I aggregate data. Section 312 and
 § 370.25(b) of the regulations allow  >
 facilities to submit the Tier II form in
 lieu of Tier I.
   Several commenters asked whether
 the Tier II inventory form could be
 submitted instead of the MSDS or list;
 others favored the option of submitting
 the MSDS instead of Tier I and Tier E.
 Under today's rule, the Tier II inventory
 form cannot be submitted in lieu of the
 MSDS: nor can the MSDS submission
 constitute compliance with inventory
 form reporting. Title III establishes
 several distinct reporting requirements
 under community right-to-know that
 serve different purposes. The MSDS
 submission under section 311 allows the
 public to find out what chemicals are
 present at facilities and the types of
 hazards they present. The 312 inventory
 forms provide more specific  location.
 storage, and quantity information. These
requirements are not alternative.
4. Need for Funds
  A dozen commenters indicated a need
for funding in order to carry  out the Title
III requirements.
  No federal funding has been provided
in  support of Title III community right-
to-know requirements at State  and local
 levels. However. EPA intends to provide
 technical support to States in carrying
 out their responsibilities.
  The Agency received a number of
 comments regarding the burden that
 Title III places on both industry and
 State and local agencies in terms of
 costs, manpower, and record-keeping.
 EPA has made every effort in this
 rulemaking to minimize this burden.
 while effectively satisfying the
 legislative intent of Title III. The Agency
 has instituted a 3-year phase-in period
 encouraged the use of the list option as
 opposed to the MSDS option, and
 reduced the number of reporting
 categories for physical and health
 hazards. Additionally, the Agency as
 conducted outreach activities such has
 teleconferences and workshops targeted
 at overall Title III implementation.
 5. Responsibility for and
 Appropriateness of Data
  EPA received many comments
 requesting clarification of the
 submitter's responsibility for the
 accuracy and completeness of submitted
 data.
  Several commenters felt that only
 producers, importers, and distributors
 should be responsible for the accuracy
 of chemical hazard assessments and
 that  users should not be responsible for
 initiation or verification of data.
  While producers, importers, and
 distributors are responsible for
 providing accurate MSDS information.
 downstream users who submit, or rely
 upon, such MSDS should make
 reasonable efforts to correct information
 that  they know to be inaccurate or to
 inform the recipients of the information
 of its inaccuracies.
  A number of commenters noted that
 many workplace  substances classified
 as hazardous chemicals under OSHA
 regulations do not present a danger to
 communities. Others mentioned cleaning
 and maintenance products as examples
 and asked that they be excluded.
  Many work-place substances  do not
 in fact, constitute a hazard to the
 community. Sections 311 and 312 focus
 primarily on the presence of hazardous
 chemicals within the community and the
 need for public access to information
 about their existence whether or not
 they  pose a present hazard  to the
community. However, many cleaning
and maintenance products are excluded
from the definition of hazardous
chemical as consumer products, or need
be reported only on request if they are
present in quantities below the
threshold.
  One commenter asked for a
clarification of the obligations of facility
owners or operators who voluntarily
provide MSDS to customers and
employees.
  If an owner or operator chooses to
provide MSDS to customers and
employees even though he is not
required to do so under OSHA, the
owner or operator does not need to
submit the MSDS or Tier I and Tier II
forms under Title ID since these
requirements only apply to persons
required to prepare or have available
MSDS for hazardous chemicals under
OSHA regulations.
6. Scope of the Section 311 and 312
Requirements
  Several commenters remarked on the
transitory nature of some of the
information and the necessity of
frequent revisions.
  Under section 312, the reporting
requirement is annual and thus will
automatically capture new or revised
information. Facilities may, and in most
cases should, inform their local or State
government or fire department
immediately if there is a change in the
emergency contact number or other
significant information on the inventory
forms. Facilities subject to section 303
must provide information on relevant
changes at the facility to  the LEPC for
planning purposes. With respect to
MSDS submission under section 311,
under today's rule, a revised MSDS must
be filed with the LEPC, the SERC, and
the local fire department  within three
months after significant new information
is discovered.
  EPA received a number of comments
on the scope of the reporting
requirements. According  to one
commenter. reporting on all chemicals
required to have an MSDS is too broad,
because chemical suppliers have
interpreted the OSHA hazard
communication standard to include the
broadest range of chemicals in order to
avoid future liability.  Another
commenter felt that the reporting
requirements would be too narrow if
only SIC codes 20-39  were covered".
  Title m requires that MSDS be
submitted for each hazardous chemical
for which an MSDS is required under
OSHA except where EPA establishes a
threshold for reporting. EPA does not
believe that sections 311 and 312
requirements can or should be applied
to facilities not required to have MSDS
under OSHA regulations. However,
when OSHA's expansion of the hazard
communication standard  to non-
manufacturing facilities becomes
effective, the reporting requirements
under sections 311 and 312 will
automatically apply to the facilities
newly covered by the OSHA

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Federal Reenter I Vol. SZ.. No. 199 /  Thanday, October IS. 19*7 / Rule* «nd Kcgulations
requirements. Also. EPA does not
believe that the expansive interpretation
of the OSHA hazard cemaunicatkm
standard given by members of the
regulated community provides a
sufficient basis for limiting the scope of
section 311 and 312 requirements,
especially in light of explicit statutory
coverage and specific statutory
exclusions.
  To the extent possible, EPA has taken
into consideration the expansion of the
311 and 312 universe. EPA has limited
authority to revise sections 311 and 312
requirements and has in this rale
exercised its full authority to ensure an
effective community right-to-know
program. la this rule. EPA has mitigated
impact by setting high initial thresholds
to avoid undue burden in early
implementation stages, reducing hazard
categories, developing outreach
programs, and retaining flexibility for
local and Stale governments as much as
possible. However, as discussed earlier.
EPA will review the minimum
thresholds established in this rule when
OSHA's expansion of its hazard
communication standard becomes
effective and will undertake a
rnlemaking, if necessary, to revise those
thresholds to avoid overwhelming
MSDS and Tier I submissions to State
and local officials as a result of the
expansion.
   One commenter recommended that all
required information, including updates,
be submitted to both the State and local
organizations to maintain consistency in
reporting.
   EPA agrees and has exercised its
general rutemaking authority under
Section 328 to require submission of the
updated MSDS to all entities receiving
the original MSDS. Otherwise, under the
proposed rule, only the LEPC would
receive updated information and thus
have current information on a facility. A
new MSDS at the facility must also be
 submitted to all three entities (as
 indicated in  § 37021^(2}).
 V. Relationship to Other EPA Programs

 A. Other Title UlPropuaa
 1. Subtitle A—Emergency Planning
   Title III of SARA establishes several
 reporting and notification requirements
 in addition to sections 311 and 312.
 Subtitle A of Title III contains several
 notification provisions that are critical
 to local emergency plaooing. In order to
 facilitate local emergency planning.
 under section 302 facilities that have
 present aa amoaot of an extremely
 hazardous substance in excess of the
 corresponding threshold planning
 quantity were required to notify the
 State emergency response commission
                             by May V. 1987, or within 60 days trf
                             acquisition of such a substance. Section
                             303 requires that such facilities
                             designate a representative to work with
                             the local  emergency planning
                             committees in the Tide tfl planning
                             process and provide information
                                  suing the facility that may be
                             relevant to emergency planning. Section
                             304 establishes immediate release
                             reporting requirements to enable timely
                             and effective local response to releases
                             of extremely hazardous substances and
                             CERCLA hazardous substances. These
                             emergency planning requirements are
                             set forth in a final rale published on
                             April 22.1987.52 PR 13380. These
                             requirements are unaffected by today's
                             rule.
                                Today's rate sets oat die reporting
                             requmaents under sections 311 and
                             312. Subtitle B of Title IIL The focus of
                             Subtitle B is public access to
                             information concerning chemicals in
                             their uuBmunities rather than
                             emergency response, and thus reporting
                             requirements under Subtitle B are both
                             broader in scope than Subtitle A aad.
                             under section 312, continuing in nature.
                             However, the information obtested or
                             made available under sections 311 and
                             312 of Subtitle B may also be of
                              significant value to emergency
                              responders.
                                Subtitle B will make available to the
                              local and State emergency planners
                              information on ether ehemicah and
                              facilities, beyond those identified under
                              Subtitle A. that they  may wish to
                              include in their emergency planning
                              efforts. Tier II information under section
                              312 will provide specific information on
                              the quantities and locations of
                              hazardous chemicals. Thus, sections 311
                              and 312 provide tufermation beneficial
                              to the emergency planning required
                              under Subtitle A. As discussed in the
                              April 22.1987. Gaul rate, the faeHracs
                              identified as a result of that role are
                              only a  "first cut" of the faeiiines and
                              potential chemical hazards for which
                              emergency planning may be necessary.
                              2. Subtitle B—Section 313 Toxic
                              Chemical Release Inventory
                                 Subtree B also establishes reporting
                              requirements under Section 313.
                              Beginning July 1,MSB. certain
                              manufacturing faculties at-which these
                              is a "toxic cfaeaacai" manufactured.
                               • 0 ^i 
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           Federal Register  /  Vol. 52.  No. 19Q / Thursday. October 15. 1987 / Rules and Regulations    38361
 community over how to comply with
 statutory and regulatory repotting
 requirements. In addition, this final rule
 reduces the categories for reporting and
 establishes minimum thresholds, which
 relieves the impact of the statutory
 requirements otherwise effective on
 October 17,1987. Finally, the other
 requirements implemented by this rule
 relate to section 312 reporting, which is
 not required  until March 1.1988. Thus.
 those requirements would not be
 affected by the 30-day effective date
 requirement under section 553(d) of the
 APA.
   Because EPA believes that it thus has
 "good cause" to suspend the 30-day
 effective date requirement and this rule
 relieves reporting otherwise required by
 statute, the Agency has made this rule
 immediately  effective in accordance
 with  section 553(d) of the APA.
 VIL Regulatory Analyses

 A. Regulatory Impact Analysis
 1. Purpose
   Executive Order No. 12291 requires
 each  federal agency to determine if a
 regulation is a "major" rule as defined
 by the Order and to prepare and
 consider a Regulatory Impact Analysis
 (RIA) in connection with each major
 rule. Because EPA has determined that
 the reporting  requirements for
 hazardous chemicals in this rnlemaking
 constitute a major rule under Executive
 Order No. 12281. the Agency has
 prepared an RIA to assess the economic
 impact on the final regulation on
 affected industry and State and tocal
 government entities. The following
 results are presented in detail in the
 analysis documented in Regulatory
 Impact Analysis in Support of Final
 Rulemaking Under Sections 311 and 312
 of the Superfund Amendments and
 Reauthorization Act of 1986, which is
 available for  review in the public docket
 for this rulemaking.
  This rule was submitted to the Office
 of Management and Budget for review
 as required by E.O. No. 12291.

 2. Methodology and Data Sources
  EPA conducted an assessment of the
 costs, benefits, and economic impacts
 associated with the final rule and the
 primary regulatory alternatives. The
 regulation affects employers covered by
 some provisions of OSHA's hazard
 communication standard and three
 types of government entities—State
 emergency response commissions, local
 emergency planning committees, and
 fire departments. Both industry and
government are required by sections 311
and 312. of SARA to undertake certain
activities, and. thus, both types of
entities incur  costs to comply with these
regulations.
   Benefits for both industry and
 government may also arise in
 conjunction with compliance activities.
 In addition, industry, government, and
 other groups may. as a result of these
 regulations, undertake additional
 voluntary activities that generate
 benefits both for these groups as well as
 for the general community. The
 intenrelationships among the activities
 undertaken by these diverse groups, the
 provisions of Title UL and the potential
 consequences for health and the
 environment are complex. Thus, time
 constraints did not permit EPA to
 perform a quantitative evaluation of the
 benefits of these provisions; a
 qualitative discussion of the benefits is
 provided in the RIA.
   Costs of complying with sections 311
 and 312 of SARA are incurred by
 covered facilities. State emergency
 response commissions, local emergency
 planning committees, and fire
 departments. Total costs depend on the
 number of facilites reporting, the total
 number of MSDS. and the number of
 government entities receiving the data.
  For the industry analysis. EPA
 analyzed the activities that each facility
 would have to undertake to comply with
 sections 311 and 312 and the unit costs
 associated with each activity. It was
 assumed that the cost incurred by a
 facility  varied in different years
 depending on the regulatory alternative
 being considered, the size of the facility.
 and the number of chemicals at the
 facility. Total costs to industry, thus,
 depend on the number of facilities
 affected or reporting, the number of
 chemicals for which MSDS are
 maintained at these facilities, and the
 unit costs associated with each of the
 compliance activities.
  OSHA's hazard communication
 standard fHCS) currently covers
 facilities in the manufacturing sector
 (Standard Industrial Classification (SIC)
 codes 20 through 39). although OSHA
 has recently expanded the HCS to the
 non-manufacturing sector, to be
 effective in May. 1988. The number of
 facilities in each two-digit
 manufacturing SIC code nationwide was
 obtained from the Bureau of the Census
 (County Business Patterns, U.S.
 Department of Commerce. 1984) for four
 facility sizes: (1) 1-19 employees. (2) 20-
 99 employees. (3) 100-249 employees,
 and (4) more than 249 employees. Based
 on census data, there are an estimated
 350.740  manufacturing facilities that
 could potentially be affected by this
 rule.
  The number of MSDS present, on
 average, at a facility in each SIC code
and facility size class was provided by
updating OSHA's 1980 estimates of the
number of "regulated chemicals" (i.e.,
MSDS) in each SIC code and size class
to 1988. The total number of MSDS
maintained at all manufacturing
facilities is estimated to be 35404.503.
which implies that an average facility
maintains 100 MSDS. On average, the
smallest facilities (those with 1-19
employees) are estimated to have 74
MSDS, and the largest facilities (more
than 250 employees) have 308 MSDS.
  The costs to industry of complying
with each of the regulatory alternatives
have been estimated as have the costs
of complying with the default legislative
requirements if EPA had promulgated no
regulations. Five regulatory alternatives
are identified for analysis in this report.
The regulatory options differ from each
other with regard  to the threshold that is
in effect in each year. Raising the
threshold in a given year reduces
industry costs in that year by reducing
the number of chemicals that facilities
report under both Sections  311 and 312
and by reducing the number of facilities
that report
  Estimates of the numbers of covered
facilities and reportable chemicals for
each threshold level were obtained from
a data set that was compiled as part of
an industrial survey conducted by the
State of New Jersey in 1979. To perform
this analysis, the chemical  reports in the
New Jersey data set were weighted to
make the mix of facilities by SIC code
more representative of the mix of
facilities nationwide. The effects of
different thresholds on the  numbers of
facilities and chemicals covered were
then calculated. The cost methodology
assumed that the effect of thresholds on
the percent of facilities or chemicals
covered is unaffected by SIC code or the
size of the facility. At 10.000 pounds, it is
estimated that 22. percent of the facilities
(78400) will be required to  report, and
that 13 percent of the chemicals (4.5
million j will be reported. At 500 pounds.
it is estimated that 82 percent of the
facilities (288.000) and 57 percent of the
chemicals (19.9 million) will be covered.
  Similar weighting procedures were
followed for data sets obtained from
two other states. Michigan  and New
York. The data from these states did not
contradict the New Jersey data; the
latter were used in the analysis since
they were more complete in several
variables and also provided a more
conservative view of the extent to which
thresholds reduce costs.
  bi addition to differences in the
reporting thresholds, the regulatory
alternatives differ from the default
statutory requirements in two respects.
First, the statutory default  for hazard
categorization is the OSHA categories,
which were-defined as 23 categories of
health and physical hazards for the
proposed rule. EPA is promulgating five

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hazard categories; performing hazard
categorization should be less costly for
industry than under the 23 OSHA
categories. Second. EPA is publishing
inventory forms for reporting: if no forms
exist, the  legislation  requires that
facilities submit section 312 information
by letter.  Both these factors reduce the
estimated cost of the regulatory
alternatives in comparison with the
legislation.
  The analysis of costs to government
proceeded along lines similar to the
industry analysis. The  analysis
estimated costs for a representative
State commission, local committee, and
fire department. It was assumed that the
costs incurred by each entity in each
year depended on the number  of reports
received, on the number of facilities
reporting, and on the number of
government entities. EPA assumed that
 there would be only one commission per
 State and estimated the number of local
 committees and fire departments.
   Both the industry  and government
 analyses assume that  reporting and
 receiving entities undertake the
 minimum activities that they must
 perform to comply with SARA. The
 analysis, therefore,  does not take into
 account the costs associated with
 voluntary activities, such as designing
 and using computer systems to store and
 access the data, alterations in chemical
 usage patterns that may arise at
 facilities as a result of these sections of
 SARA, or other activities or effects.
   Several supplemental analyses were
 performed to provide evidence on the
 sensitivity of the results to changes in
 various  assumptions  of the
  methodology. In particular, present
  value total costs were computed (a) for
  two discount rates, 4% and 10%, (b)
  using an alternative set of results on the
  effects of thresholds, (c) for the 23
  OSHA categories as  well as  the five
  categories in the rule, and (d) for the
  non-manufacturing facilities  that will be
  covered by the OSHA expansion of the
  HCS.
    An analysis of some of the costs
  potentially associated with requests is
  also presented. In particular, a
  sensitivity analysis of the aggregate cost
  to government of responding to requests
  for MSDS or Tier I information when the
  information is already in the files is
   included. The cost to a facility of
  responding to an individual  request for
   MSDS  or Tier I information  is provided
   as is the cost to a government entity of
   requesting MSDS or Tier I information if
   it is not in the files.  The cost to a facility
   of responding to Tier II requests, under
   alternative assumptions on the number
   of chemicals for which Tier II
information is requested, is also
provided.
3. Results
  The RIA analyzes five regulatory
alternatives as well as the statutory or
default baseline. In addition, two
alternative hazard categorization
schemes are considered. The five
threshold options considered are:
 Alternative I: No threshold
 Alternative II: (Proposed)
   10,000 pounds in year 1
   500 pounds in year 2
   No threshold in year 3 and subsequent
     years
 Alternative III:
   10.000 pounds in year 1
   10.000 pounds in year 2
   500 pounds in year 3 and beyond
 Alternative IV:
   10.000 pounds in year 1
   10.000 pounds in year 2
   50 pounds in year 3 and beyond
 Alternative V:
   10.000 pounds in year 1
   10.000 pounds in year 2
   2.000 pounds in year 3 and beyond.
   In present value (PV) terms, the cost
 of each of the regulatory alternatives is
 lower than the cost associated with the
 statutory  requirements. Present value
 costs for each of these threshold
 alternatives were computed by
 discounting annual costs over the first
 ten years of reporting at ten percent
 Assuming the five hazard categories
  promulgated in the final rule, the PV
  costs to industry for the five alternatives
  range between $520 million and just
  over $1 billion, in comparison with $1.0
  billion for the statutory requirements-
  (the baseline).
     For government, present value costs
  range between $120 million and $280
  million; the costs of the no-threshold
  option are the greatest and are identical
  with the costs of the baseline under the
   assumptions of the analysis. For both
   industry and government. Alternative V.
   which has the highest permanent
   threshold, has the lowest continuing
   costs and the lowest present value costs.
   Alternative I, the no-threshold option.
   has the highest costs. Alternative ID, the
   preferred alternative for this rulemaking.
   is towards the low end: $708 million for
   industry and $178 million for
   government.
     For Alternative III. first-year industry
   costs equal approximately $102 million.
   second-year costs drop to $24 million
   since the threshold is unchanged, third
   year costs rise to $348 million, since the
   reduction in the threshold requires many
   more facilities to report on additional
   chemicals. Costs level off at $59 million
in the fourth and subsequent years.
Costs for the other alternatives in the
fourth and subsequent years range
between $39 million and $66 million.
depending on the threshold level in
those years.
  In the first year of reporting, all
system set-up and design costs are
attributed to section 311: thus, the costs
to industry of complying with section
311 slightly outweight those associated
with section 312 for all regulatory
alternatives except Alternative 1. the no-
threshold option. For year three onward.
section 312 costs outweigh section 311
costs: for Alternative ffl in year four, the
costs associated with section 312 are
approximately 64 percent of the
combined costs to industry of sections
 311 and 312.
   In general, annual government costs
 for sections 311 and 312 combined  are
 much smaller than those estimated for
 industry. This reflects the assumption in
 the analysis that many costs, such as
 rule familiarization and system design.
 are incurred by each individual facility
 or government entity and are not
 directly related to the number of forms
  being handled. First-year costs equal $43
  million for all alternatives except the no-
  threshold option: second-year costs drop
  substantially; third-, fourth- (and
  subsequent) year costs level off at
  between $15 million and $32 million.
  Although costs to an individual State
  commission far exceed those to a local
  committee or fire department there are
  many more fire departments than
  commissions or committees so that, in
  aggregate, costs to fire departments may
  account for as much as one-third  to
  more than one-half of government costs
•  in any given year.
     The above costs do not reflect the
  costs of the regulatory alternatives if
  OSHA's 23 hazard categories had been
  used in the final rule. In present value
   terms, using the original 23 categories
   rather than five leads to a 28% to 38%
   increase in costs over 10 years.
   depending on the alternative.
     Both industry and government will
   incur costs in conjunction with requests.
   SERCs. LEPCs and fire departments, as
   well as other government officials, may
   have access to the information reported
   under these sections and may request
   additional information. In addition.
   SERCs and LEPCs will, under certain
   circumstances, have to make available
   MSDS and inventory forms that they
   have received from facilities. They will
    also have to request information that
    either was not reported or that concerns
    chemicals below the threshold,  and the-
    will need to make determinations on.
    and possibly request Tier II

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           Federal Register /  Vol. 52. No.  199 / Thursday. October 15. "1987 / Rides  and Regulations
 information. Similarly, facilities will
 need to respond to requests by
 government. It is difficult to estimate the
 aggregate costs associated with
 requests, since the magnitude of these
 costs depends crucially on the behavior
 of the public and government and the
 types of programs that are set up on the
 threshold level in effect, and on the
 government's implementation of the Tier
 II provisions.
   An estimate of the potential costs to
 government of responding to requests
 for MSDS was obtained assuming that
 requests for between five and 25 percent
 of facilities are received by government.
 If government agencies provide copies
 of all MSDS that a facility has
 submitted, estimated costs to
 government of handling these requests
 range between less than $400,000 to over
 $1.8 million.
   The number of Tier n requests to
 which industry must respond will
 depend on the criteria used by local
 committees to evaluate public requests,
 the number of public requests made, the
 distribution of these requests across
 chemical volumes, and the number of
 requests originating with the
 government It is thus difficult to
 estimate the aggregate costs associated
 with' Tier II information: however, the
 costs to an individual facility of
 responding to a Tier II request may
 range between approximately $600 and
 $6.500, depending on the number of
 chemicals for which the request is
 received and the size of the facility.
   Similarly, the number of requests that
 government will make to industry for
 MSDS stored below the threshold will
 depend on the number of requests that
 governments receive, which, in turn.
 depends on the size of the threshold and
 the outreach program and policies of
 government Further, if facilities choose
 to submit lists, additional requests for
 MSDS will be generated.
  No aggregate estimates of the costs of
 complying with requests below the
 threshold are presented. However, the
 cost to government of requesting all
 MSDS from a facility, photocopying, and
 mailing the information to the requester
 when the information is not on file is
 estimated to be $52 per request; the cost
 to industry of complying with the
 request is $31. Those activities and
 associated costs are intended to
 represent one reasonable method of
 making information available to the
 public and may not be used by all
government entities.
  The analysis also examined the
effects of OSHA's expansion of its HCS
on industry and government costs. This
expansion may affect as many as 3.5
million non-manufacturing facilities with
 approximately 67 million MSDS. Very
 rough cost estimates suggest that, for the
 chosen alternative, present value costs
 to non-manufacturing facilities of
 complying with sections 311 and 31Z
 combined may be as high as $3.7 billion:
 this is  approximately five times the
 costs estimated for manufacturing. For
 government, incremental costs
 associated with the expansion are
 approximately $1.1 billion, which is over
 six times the costs associated  with the
 current scope of the HCS.
  Benefits arise in conjunction with
 several parts of the reporting
 requirements of this rule. Potential
 benefits arise in conjunction with this
 rule primarily because the information
 that is reported is used (e.g., more
 effective planning occurs, which reduces
 the probability of accidents  or chronic
 exposures). Thus, the provisions of the
 regulation affect the benefits generated.
 in comparison with those generated by
 the statutory requirements, in  several
 ways. First the reporting thresholds
 affect the volume of information
 submitted. Reducing the number of
 submissions generates benefits if the
 information is more manageable.
 However, raising thresholds may reduce
 benefits if public access to complete
 information on chemical hazards in the
 community is reduced or impeded.
  Second, simplifying the  hazard
 classification system affects benefits.
 On the one hand, it promotes efficient
 use of the information: conversely, it
 reduces the level of detail available to
 the government and the public.
  Benefits also raise in conjunction with
 two public access provisions that have
 been incorporated into the final rule:
 reporting on the list of EHS at  500
 pounds or the TPQ and access by the
 public, on request, to information on
 chemicals stored below the threshold.
 Both these provisions provide  benefits
 to communities with specific needs for
 complete information.
  Finally,  use of the published form by
 industry for Section 312 reporting may
 provide benefits. Consistently  formatted
 information is easier to process,
 manage, and use and thus may
 encourage utilization of the information
 by the general public and government
 entities.

B. Regulatory Flexibility Act

1. Purpose
  Under the Regulatory Flexibility Act
whenever an agency is required to issue
any proposed or final rale for
publication in the Federal  Register, it
most prepare and make avaOable a
Regulatory Flexibility Analysis that
describes the impact of the rule on small
entities (i.e., smaD businesses, small
organizations, and small governmental
junsdictions). unless the agency's
Administrator certifies that the rule will
not have a significant impact on a
substantial number of small entitles. The
analyses contained in the RIA address
the impact of this rule on small entities.
Based on these analyses. EPA has
concluded that, while the rule affects a
substantial number of small entities, the
impact on each is not significant.

2. Methodology and Results
  To examine the impacts on small
businesses, EPA compared average
costs for small facilities (defined to be
those with 1-19 employees) to average
and median sales for those facilities, by
two-digit SIC code.
  There are a substantial number of
small businesses under this definition;
225,423 facilities—64 percent of total
manufacturing—are estimated to be
small All of these facilities must, at
least, incur the cost of becoming familiar
with the requirements of these Sections,
and thus, incur some costs of complying
with sections 311 and 312.
  In order to assess the impacts on
small businesses, several guidelines
were used. The primary criterion.
however, is the ratio of annual costs to
average or median sales. A worst-case
scenario is provided by examining  the
first year of Alternative I. no threshold.
Average costs to industry for small
businesses, by SIC code, range between
$1,400 and $2.100. As a percentage  of
average sales, the range is .12 to .71
percent The range as a percentage of
median sales is narrower—.20 to .64
percent This is well within EPA's
guidelines that cost remain below 5
percentage of sales in order to avoid
significant impacts.
  However. EPA is concerned that it has
been unable to provide a complete
assessment of the impact of this rule on
small businesses in all business sectors
that will in the future become subject to
these requirements due to OSHA's
expanded hazard communication
standard. As indicated earlier, EPA is
understanding a more detailed review of
the appropriateness of these thresholds
in this rule as they apply to the
expanded coverage of the OSHA MSDS
requirements. EPA will also be
conducting a further analysis of small
businesses newly subject to OSHA and
Title in requirements.

  3. Certification
  On the basis of the analyses
contained in the RIA with respect to the
impact of this rale on small entities. I
hereby certify that this rule win not
have a  significant impact on a

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38364    Federal Register  / Vol. 52. No. 199 / Thursday. October 15.  1987 / Rules  and -Regulations
substantial number of small entities.
This rule, therefore, does not require a
Regulatory Flexibility Analysis.

C. Paperwork Reduction Act
  The information collection
requirements contained in this rule have
been approved by the Office of
Management and Budget (OMB) under
the provisions of the Paperwork
Reduction Act of 1980. 44 U.S.C. 3501 et
seq. and have been assigned OMB
control number 2050.0072.

Vin. Submission of Reports
   If necessary to obtain reporting forms.
facilities should contact their State
emergency response commission.
Although EPA intends to provide
camera-ready copy of the federal form
for use by the SERCs. the commission
will be responsible for co-ordinating
with the LEPCs and fire departments
regarding the printing and distribution of
the inventory forms.        	
   To obtain the address of a SERC, an
individual or facility should contact
 their Governor's office or the Chemical
Emergency Preparedness Hotline at
 (800) 535-0202 or (202) 479-2449 (DC and
 Alaska). The SERC should be able to
 provide information concerning the
 LEPCs within the State.
 List of Subjects in 40 CFR Part 370
   Chemicals. Hazardous substances.
 Extremely hazardous substances,
 Intergovernmental relations. Community
 right-to-know. Superfund Amendments
 and Reauthorization Act. Chemical
 accident prevention. Chemical
 emergency preparedness. Community
 emergency response plan. Contingency
 planning. Reporting and recordkeeping
 requirements.
   Date: October a 1987.
 Lee M. Thomas,
 Administrator..
    For the reasons set out in the
 Preamble. Subchapter J of Title 40 of the
 Code of Federal Regulations is amended
 by adding Part 370 to read as follows:

 PART 370—HAZARDOUS CHEMICAL
 REPORTING: COMMUNITY RIGHT-TO-
  KNOW

  Subpart A—General Provisions
  Sec.
  370.1  Purpose
  370.2  Definitions
  370.5  Penalties
  Subpart B—Reporting Requirements

  Sec.
  370.20 Applicability
  370.21  MSDS Reporting
  370.25 Inventory Form Reporting
  370.28 Mixtures
Subpart C—Public Access and Availability
of Information
Sec.
370.30
370.31
Requests for Information
Provision of Informs tion
Suboart D—Inventory Forms
Sec.
370.40  Tier I Emergency and Hazardous
    Chemical Inventory Form
370.41  Tier II Emergency and Hazardous
    Chemical Inventory Form
  Authority: Sees. 311. 312.324.325. 328.329
of Pub. L. 99-499.100 Slat. 1613.42 U.S.C
11011.11012.11024.11025.11028,11029.

Subpart A—General Provisions

9370.1  Purpose.
  These regulations establish reporting
requirements which provide the public
with important information on the
hazardous chemicals in their
communities for the purpose of
enhancing community awareness of
chemical hazards and facilitating
development of State and local
emergency response plans.

§370.2 Definitions.
   "Commission" means the State
 emergency response commission, or the
 Governor if there is no commission, for
 the State in which the facility is located.
   "Committee" means the local
 emergency planning committee for the
 emergency planning district in which the
 facility is located.
   "Environment" includes water, air.
 and land and the interrelationship that
 exists among and between water, air.
 and land and all living things.
   "Extremely hazardous substance"
 means a substance listed in the
 Appendices to 40 CFR Part 355.
 Emergency Planning and Notification.
   'Tacility" means all buildings.
 equipment structures, and other
 stationary items that are located on a
 single site or on contiguous or adjacent
 sites and  that are owned or operated by
 the same  person (or by any person
 which controls, is controlled by, or
 under common control with, such
 person). For purposes of emergency
 release notification, the term includes
  motor vehicles, rolling stock, and
  aircraft                        .  ,
    "Hazard Category" means any of the
  following:
    (1) "Immediate (acute) health hazard.
  including "highly toxic," "toxic,"
  "irritant" "sensitizer." "corrosive." (as
  defined under 9 1910.1200 of Title 29 of
  the Code of Federal Regulations) and
  other hazardous chemicals that cause an
  adverse effect to a target organ and
  which effect usually occurs rapidly as.a
  result of short term exposure and is of r
  short duration:
  (2) "Delayed (chronic) health hazard."
including "carcinogens" (as defined
under § 1910.1200 of Title 29 of the Code
of Federal Regulations) and other
hazardous chemicals that cause an
adverse effect to a target organ and
which effect generally occurs as a result
of long term exposure and is of long
duration:
  (3) "Fire hazard." including
"flammable." combustible liquid."
"pyrophoric." and "oxidizer" (as defined
under S 1910.1200 of Title 29 of the Code
of Federal Regulations):
  (4) "Sudden release of pressure."
including "explosive" and "compressed
gas" (as defined under S 1910.1200 of
Title 29 of the Code of Federal
Regulations); and
  (5) "Reactive." including "unstable
reactive." "organic peroxide," and
"water reactive" (as defined under
§ 1910.1200 of Title 29 of the Code of
Federal Regulations).
  "Hazardous chemical" means any
hazardous chemical as defined under
 § 1910.1200(c) of Title 29 of the Code of
Federal Regulations, except that such
 term does not include the following
 substances:
   (1) Any food, food additive, color
 additive, drug,  or cosmetic regulated by
 the Food and Drug Administration.
   (2) Any substance present as a solid
 in  any manufactured item to the extent
 exposure to the substance does not
 occur under normal conditions of use.
    (3) Any  substance to the extent it is
 used for personal, family, or household
 purposes,  or is present in the same form
 and concentration as a product
 packaged for distribution and use by the
 general public.
    (4) Any substance to the extent it is
  used in a research laboratory or a
  hospital or other medical facility under
  the direct supervision of a technically
  qualified individual
    (5) Any substance to the extent it is
  used in routine agricultural operations
  or is a fertilizer held for sale by a
  retailer to the ultimate customer.
    "Inventory form" means the Tier I and
  Tier II emergency and hazardous
  chemical inventory forms set forth in
  Subpart D of this Part
    "Material Safety Data Sheet" or
  "MSDS" means the sheet required to be
  developed under S 1910.1200(g) of Title
  29 of the Code of Federal Regulations.
    "Person" means any individual, trust.
  firm, joint stock company, corporation
  (including a government corporation).
  partnership, association. State,
  municipality, commission, political
  subdivision of State, or interstate body.
     "Present in the same form and
  concentration as a product packaged for

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           Federal Register / Vol. 52.  No. 199  /  Thursday.  October 15. 1987  / Rules and Regulations    38365
 distribution and use by the general
 public" means a substance packaged in
 a similar manner and present in the
 same concentration as the substance
 when packaged for use by the general
 public, whether or not it is intended for
 distribution to the general public or used
 for the same purpose as when it is
 packaged for use by the general public.
   "Stale" means any State of the United
 States, the District of Columbia, the
 Commonwealth of Puerto Rico. Guam.
 American Samoa, the United States
 Virgin Islands, the Northern Mariana
 Islands, and any other territory or
 possession over which the United States
 has jurisdiction.
   "TPQ" means the threshold planning
 quantity for an extremely hazardous
 substance as defined in 40 CFR Part 355.

 §370.5  Penalties
   (a) MSDA reporting. Any person other
 than a governmental entity who violates
 any requirement of § 370.21 shall be
 liable for civil and administrative
 penalties of not more than $10.000 for
 each violation.
   (b) Inventory reporting. Any person
 other than a governmental entity who
 violates any requirement of § 370.25
 shall be liable for civil and
 administrative penalties of not more
 than $25,000 for each violation.
   (c) Continuing violations. Each day a
 violation described  in paragraphs (a) or
 (b) of this section continues shall
 constitute a separate violation.

 Subpart B—Reporting Requirements

 §370.20  Applicability.
   (a) General. The requirements of this
 subpart apply to any facility that is
 required to prepare or have available a
 material safety data sheet (or MSDS) for
 a hazardous chemical under the   ;
 Occupational Safety and Health Act of
 1970 and regulations promulgated under
 that Act.
   (b) Minimum threshold levels. Except
 as provided in paragraph (b)(3) of this
 section, the minimum threshold level for
 reporting under this subpart shall be
 according to the following schedule.
   (1) The owner or operator of a facility
 subject to this Subpart shall submit an
 MSDS:
  (i) On or before October 17,1987 (or 3
 months after the facility first becomes
 subject to this subpart), for all
 hazardous chemicals present at the
 facility in amounts equal to or greater
 than 10.000 pounds, or that are
extremely hazardous substances present
at the facility in an amount greater than
or equal to 500 pounds (or 55 gallons) or
the TPQ. whichever is less, and
   (ii) On or before October 17.1989 (or 2
 years and 3 months after the facility first
 becomes subject to this Subpart). for all
 hazardous chemicals present at the
 facility between 10.000 and zero pounds
 for which an MSDS has not yet been
 submitted.
   (2) The owner or operator of a facility
 subject to this Subpart shall submit the
 Tier I form:
   (i) On or before March 1.1988 (or
 March 1 of the first year after the facility
 first becomes subject to this Subpart),
 covering all hazardous chemicals
 present at the facility during the
 preceding calendar year in amounts
 equal to or greater than 10,000 pounds,
 or that are extremely hazardous
 substances present at the facility in an
 amount greater than or equal to 500
 pounds (or 55 gallons) or the TPQ,
 whichever is less, and
   (ii) On or before March 1.1989 (or
 March 1 of the second year after the
 facility first becomes subject to this
 Subpart). covering all hazardous
 chemicals present at the facility during
 the preceding calendar year in amounts
 equal to or greater than 10.000 pounds,
 or that are extremely hazardous
 substances present at the facility in an
 amount greater than or equal to 500
 pounds (or 55 gallons) or the TPQ,
 whichever is less, and
  (iii) On or before March 1990 (or
 March 1 of the third year after the
 facility first becomes subject to this
 Subpart), and annually thereafter.
 covering all hazardous chemicals
 present at the facility during the
 preceding calendar year in amounts
 equal to or greater than zero pounds or
 that are extremely hazardous
 substances present at the facility in an
 amount equal to or greater than 500
 pounds (or 55 gallons) or the TPQ,
 whichever is less.
  (3) The minimum threshold for
 reporting in response to requests for
 submission of an MSDS or a Tier II form
 pursuant to §§ 370.21(d) and 370.25(c) of
 this Part shall be zero.

 §370.21 MSDS reporting.
  (a) Basic requirement. The owner or
 operator of a facility subject to this
 Subpart shall submit an MSDS for each
 hazardous chemical present at the
 facility according to the minimum
 threshold schedule provided in
paragraph (b) of § 370.20 to the
committee, the commission, and the fire
department with jurisdiction over the
 facility.
  (b) Alternative reporting. In lieu of the
submission of an MSDS for each
hazardous chemical under paragraph (a)
of this section,  the owner or operator
may submit the following:
  (1] a list of the hazardous chemicals
for which the MSDS is required, grouped
by hazard category as defined under
§ 370.2 of this Part;
  (2] the chemical or common name of
each hazardous chemical as provided on
the MSDS; and
  (3) except for reporting of mixtures
under S 370.28(a](2). any hazardous
component of each hazardous chemical
as provided on the MSDS.
  (c) Supplemental reporting. (1) The
owner or operator of a facility that has
submitted an MSDS under this section
shall provide a revised MSDS to the
committee, the commission, and the fire
department with jurisdiction over the
facility within  three months after
discovery of significant new information
concerning the hazardous chemical for
which the MSDS was submitted.
  (2) After October 17.1987, the owner
or operator of a facility subject to this
section shall submit an MSDS for a
hazardous chemical pursuant to
paragraph (a) of this section or a list
pursuant to paragraph (b) of this section
within three months after the owner or
operator is first required to prepare or
have available the MSDS or after a
hazardous chemical requiring an MSDS
becomes present in an amount
exceeding the threshold established in
S 370.20(b).
  (d) Submission of MSDS upon request.
The owner or operator of a facility that
has not submitted the MSDS for a
hazardous chemical present at the
facility shall submit the MSDS for any
such hazardous chemical to the
committee upon its request. The MSDS
shall be submitted within 30 days of the
receipt of such request

§ 370.25  Inventory reporting.
  (a) Basic requirement. The owner or
operator of a facility subject to this
Subpart shall submit an inventory form
to the commission, the committee, and
the fire department with jurisdiction
over the facility. The inventory form
containing Tier I information on
hazardous chemicals present at the
facility during the preceding calendar
year above the threshold levels
established in  § 370.20(b) shall be
submitted on or before March 1 of each
year, beginning in 1988.
  (b) Alternative reporting. With respect
to any specific hazardous chemical at
the facility, the owner or operator may
submit a Tier II form in lieu of the Tier I
information.
  (c) Submission of Tier II information.
The owner or operator of a facility
subject to this Section shall submit the
Tier II form to the commission,
committee, or the fire department having

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38366    Federal Register J Ved.  52. No. MQ / Thursday. October 15. 1987 / Bales  and Begukrtkms
jurisdiction over the facility upon
request of such persons. The Tier II fonn
shaH be submitted within 30 days of the
receipt of each request
  (d) Fire department inspection. The
owner or operator of a facility that has
submitted an inventory form under this
section shall allow on-site inspection by
the fire department having jurisdiction
over the facih'ty upon request of the
department, and shall provide to the
department specific location information
on hazardous chemicals at the facih'ty.
 §370.28
   (a) Basic reporting. The owner or
 operator of .a facility may meet the
 reporting EequmsmeBts. of §{370.21
 (MSDS reporting) and 33025 {inventory
 form reporting} of this Subpart fora
 hazardous chemical thai is a mixture of
 hazardous chemicals fay.
   (1) Providing the requeued information
 on each icorapoaent in the mixture which
 is a hazardous •chemical, or
   (2) Providing the required information
 on the mixture itself, so long as the
 reporting of mixtures by a facility under
 § 370.21 is in the same manner as
 under § 37O25. where practicable.
   (b) Calculation of the quantity. (Ij if
 the reporting is oa each campeneat ef
 the mixture which is a bazar-dene
 chemical, then theconcentratioBcf .the
 hazardous chemical, in weight peooent
 (greater than l%«ror local
 official acting in his or her official
 capacity or the request is limited to
 hazardous tr""*'"'-1'1'' stored at the
 facility in «n amount in excess of 1O00B
 pounds.
  (3) If She request under paragraph
(b1(lj of this section does not meet ihe
requirements of paragraph ^(2) «f this
section, the committee or commission
may nquest submwsion of tfae Tier fl
form from the owner or operator of the
facility that is the subject of the request
if the request under paragraph fbfll) of
this section includes a-general •statement
of need.
9370J1  Provision of Marmatloa.
  All information obtained from an
owner or operator in response to a
request under this subpart and any
requested Xier II form or MSDS
otherwise in possession of 'the
commission or me committee shall be
made available to the person submitting
the .request under this Subpart pcovided
upon request of the owner or operator.
the commission or committee shall
withhold from disclosure the location .of
any specific .chemical identified in the
Tier II form.

Subpart D—Inventory Forms

 5370.40  Tier I emergency and >iam dotm
 chenricsJfcwsaMfyJorm.
   (a) Hie form set out in paragraph (b)
 of this section shall be completed and
 submitted as required 
-------
             Federal Register / Vol. 52. No. 199 / Thursday. October 15. 1987 / Rules and Regulations       38367
 _               EMERGENCY AND HAZARDOUS
 Tier On0   CHEMICAL INVENTORY
                  Aggregate Information by Hazard Typt
                                                                                         Page  	 of  	  page*
                                                                                      Form Approved OMB No. 2050-0072
  FOR
OFFICIAL
  USE
  ONLY
                                            OataRaoarwd
Important: Read instructions before completing form
Facility Identification
Mama
Straat AMrrn**
City

SIC Coda ( I I I I


°«V?J*!SI 1 l-l 1 1 l-l 1 1 1 1
Owner/Operator
MJI.I AdKra.. . .,
Phan. 1 )
                                            Reporting Period  From January 1 to Daoambar 31. 10
                                                                        Emergency Contact*
                                                                                Tltla
                                                                                     (      I
                                                                          iHourPnona J	>
                                                                                TIM
                                                                                      I      )
                                                                         MHBurPhon.
     HaiardTyp,
 4ff^uS*    XtR1"!
AmouXf    °6*-S&
                                                              Gtntral Location
                                                                                       1   1 Chae* -f •!!• plan ta atlaehad
             Fir.
cm
                 cm   cm   i   i   i   i
        Reactivity |   |   |
         irrn
       Immediate
         (acute)
         Delayed
        (Chronic)
cui  rm
         i   i   i   i
 Certification (Read and tlgn after completing all nctions)

 1 nnlty under pmlty of law that 1 run* psnonally *aamr»i and am famllar with
 tha information tubmiitad In thb and all atlaetwd docmantt. and that basad on my
 Inquiry of Ihow Individual* raspomlbla tor obtaining tha information. 1 ballom that
 tha lubmittad Informalnn n trua. aocurata and oomplota
 Mama and official till* of ownar/oparator OR ownar/opar atari autnormd raprasamaln*
Signaiura
                                          Data iignad
                                          ' Reporting  Range  Weight Range In Pounds
                                             *^      Value  From...      To...
                                             Ranuee
                                                         00
                                                         01
                                                         02
                                                         03
                                                         04
                                                         05
                                                         06
                                                         07
                                                         08
                                                         09
                                                         10
                           0
                           100
                           1000
                           10.000
                           100.000
                           1.000.000
                           10.000.000
                           50.000.000
                           100.000.000
                           500.000.000
                           1 bfliion
99
999
9.999
99.999
999.999
9.999.999
49.999.999
99.999.999
499.999.999
999.999.999
higher than 1  bOflon

-------
                     VoL 52. No. 199 / Thursday. Qtiiobef 15. «87 / Rutei and


                              TIER ONE INSTRUCTIONS
                                .GENERAL .INFORMATION
                                                                                    t~ --<; — •>
                om.
               Puttie Uw W-«W.



SSSaSsSSSSSSS
your TacDRy during the part year.


YOU MUST FROV1DH AU. INFORMATION
REQUESTED ON THIS FORM.





                    ~~
                                           i Superfund
 latlom at §1910.1200.








  ^^ TMto 4H *nmTipt »trmt ananNew* •"•"•• I^IM  •
   TO  Any'hazartouBWSStB



   sued under that Act:
{UH vVood or'

(lv) -Articles-- defined unctor §1910.1200 (b) a. a

manufactured Item:

• which Is formed to a specific shaps or design
      end use: and
      mal condWons ot -use.
     to
 (vl) Faadsi. drugs, or ci
 sonal consumption ty
                           fJem Intended for per-
                                 whOe In  the
                                                    Amendments sind Beaolhortattan Act «f
                                           auency of .xpwure wWch to not greater than expo-
                                           sures experienced by consumers; and
                                              Ing substances:
                                               ill Any food, food additive, color adcflffce. *ug.or
                                               w«nettc^egulate« by the Fee- «nd Drug Admini-

                                               stration:
                                               Any
                                                              present as a sold In «*

                                                                --

                                                              to the extent It Is used for per
                                                 tousehold purpo^.
                                            ^SsVams form and concentration ias
                                            aged for dlstrtoetloa and use by tfce




                                            flsd InrtMrtiial-
                                             b7 a retailer to the uHlmate customer.





                                           •yvar « w «Uw»e Hie hurts isieu uem* .
                                                                         ...10.000

                                                 e January to Oecemberl 989
                                                   (or third year of reporting) ...»ro toe.

                                                                 fee Jlnaiansslrt. *
                                                                 . after addition* analysis
                                                    less, from the
                                                                              and there-
                                             WHEN TO SUBMIT THIS FORM



                                             on or'belore Warch 1 «t every J**-

-------
      Federal Register / Vol. 52. Mo. 199 / Thursday, October 15.1967 / Rules and Regulations       38369
                                           JNSTRUCTIONS_


      nod I*CM Instructions carefully. Print or typt all responses.
WHERE TO SUBMIT THIS FORM
Send one completed Inventory form to each of the fol-
lowing organizations:

1 • Your State emergency planning commission

2. Your local emergency planning committee

3. The fire department wrth Jurisdiction over your
   facility.
PENALTIES
Any owner or operator of a facllty who fate to submit or
supplies false Tier One Information shall be Babte to the
United States for a cIvH penalty of up to $25.000 for each
such violation.  Each day a violation continues  shaB con-
stitute a separate violation.  In addition, any citizen may
commence a chrtl action on his or her own behalf against
any owner or operator who falls to submit Tier One Infor-
mation.
   You may use the Tier Two form as a worksheet for
   completing Tier One. rang in the Tier Two
 •  chemical Information section should help you  •
   assemble your Tter.One responses.     •;   -
                                t..      - '

If your responses require more than one page, m In the
page number at the top of the form.
REPORTING PERIOD
Enter the appropriate calendar year, beginning January 1
and ending December 31.
FACILITY IDENTIFICATION
Enter the complete name of your faculty (and eum>aiiy
Identifier where appropriate).

Enter the ful street addrees or state road.  N a street
address Is not avatabk*. enter other appropriate Mentm-
ers that describe the physical  location of your faoOMy
(e.g.. longitude and latitude).  Include city,  state, and
zip code.

Enter the primary Standard Industrial Classification (SIC)
code and the Dun & Bradstreet number for your facBty.
The financial offloer of your facWty should be abto to pro-
vide the Dun & Bradstreet number. If your firm does not
have this Information,  contact the state or regional office
of Dun &  Bradstreet  to obtain your faculty  number or
have one assigned.
OWNER/OPERATOR
Enter the owner's or operator's Ml name, maflng ad-
dress, and phone number.


EMERGENCY CONTACT
Enter the name. tWe. and work phone number of at least
one local person or  office that can act as a referral If
emergency respondars need assistance bi responding to
a chemical accident  at the facflty

Provide an emergency phone number where such emer-
gency Information wB be avalabto 24 hours a day. every
day.
                                                       PHYSICAL AND HEALTH HAZARDS
                                                       Descriptions. Amounts, and Locations
                                                       Thto section requires aggregate Information on chemi-
                                                       cals by hazard categories as defined In 40 CFR 370.3.
                                                       The two health hazard categories and three physical haz-
                                                       ard categories are a consolidation of the 23 hazard cate-
                                                       gories defined In the OSHA Hazard Communication Stan-
                                                       dard. 29 CFR 1910.1200.  For each hazard type. Indi-
                                                       cate the total amounts and general locations of afl appt-
                                                       cabto chemicals present at your faculty during the past
                                                         • What units should I uee?

                                                           Calculate an amounts as  weight In pounds. To
                                                           convert gas or RquM volume  to  weight  In
                                                           pounds, multiply by an appropriate density fac-
                                                           tor.

                                                         • What about mixtures?

                                                           rf a chemical Is part of a mixture, you nave the
                                                           option  of reporting ether the weight of the en-
                                                           ttne mixture  or arty the portion of the mixture
                                                           that to  a particular hazardous chemical (e.g.. If
                                                           a hazardous solution weighs  100 fes. but Is
                                                           composed of only 5% of a particular hazardous
                                                           chemical, you can Indicate either 100 fee. of the
                                                           mbiture or 5 IDS. of the chemical).

                                                           Select  the option consistent wtth your Section
                                                           3H reporting of the chemical on the MSOS or
                                                           Bst of MSDS chemicals.

                                                         • Where  do I count a chemtoal that to a fire reae-
                                                           ttvtty physical hazard and  an Immediate (acute)
                                                           health hazard?

                                                           Add the chemical'• weight to your totals tor afl
                                                           threw hazard categories and Include Its location
                                                           In afl three categories. Many oherrtcate fal Mo
                                                           more than one hazard category.
                                                           In doubto-eounthio.
                                                                                         which results
                                                       MAXIMUM AMOUNT
                                                       The amounts of chemicals you have on hand may vary
                                                       throughout the year.  The peak weights  — greatest
                                                       single-day weights during the year — are added together
                                                       In thto column to determine the maximum weight for each
                                                       hazard type. Since the peaks for  different ohemtoato
                                                       often occur on dWferant days, thto marimum amount w*
                                                       saam artfflclatty Ngh
                                                         To complete trm and the toaowJna. sections, you may
                                                         choose to use the Tier Two form as a worksheet.
                                                       To determine the Maximum Amount:

                                                       1. Ltot afl of your hazardous chemicals mdMdualy.

                                                       2. For each chemical...

                                                          a. Indicate al physical and health hazards that
                                                             the chemical presents. Include afl chemicals.
                                                             •von If they are present for orty a short pe-
                                                             riod of time during the year.

-------
38370
Federal Register / Vol. 52. No. 199 / Thursday. October 15.1987 f Rules and Regulations
    b. Estimate the maximum weight In pounds that
       was present at your faculty on any single
       day of the reporting period.

 3.  For each hazard type — beginning with Fire and  re-
    peating for all physical and health hazard types...

    a. Add the maximum weights  of all chemicals
       you Indicated as the particular hazard type.
    b. Look at the Reporting Ranges at the bottom
       of  the Tier One  form. Find the appropriate
       range value code.
    c. Enter  this  range value as  the Maximum
       Amount.
                      EXAMPLE:
     You are using the Tier Two form as a
     worksheet and have Bated raw weights In pounds
     for each of your hazardous chemicals.  You
     have marked an X In the Immediate (acute)
     hazard column for phenol and sutfurte acid.
     The maximum amount raw weight you listed
     were 10.000 bs. and 50 be.  respectively.  You
     add these together to reach  a total of 10.050 be.
     Then you look at the Reporting Range at the
     bottom of your Tier One form and And that the
     value of 03 corresponds to 10.050 bs.  Enter
     03 as your Maximum Amount for Immediate
     (acute) hazards materials.
                                                              EXAMPLE:

                                              You are using the Tier Two form, and have
                                              marked an X to the Immediate (acute) hazard
                                              column for nicotine and phenol.   Nicotine is
                                              present at your faculty 100 days during the year.
                                              and the sum of the daUy weight* Is 100.000 bs.
                                              By dividing 100.000 bs. by 100 days on-slte.
                                              you calculate an Average Dally Amount of
                                              1.000 IDS. for nicotine. Phenol Is present at
                                              your facility 50 days during the year, and the
                                              sum of the dally weight* Is 10.000 bs.  By
                                              dividing 10.000 las. by SO days on-slte. you
                                              calculate an Average  Daily Amount of 200 bs.
                                              for phenol.  You then add the two average
                                              daDy amounts together to reach a total of
                                              1.200 bs. Then you look at the Reporting
                                              Range on your Tier One form and find that the
                                              value 02 corresponds to 1.200 bs. Enter 02 as
                                              your Average Dally Amount for Immediate
                                              (acute) Hazard.
                                              You  also marked an X In the Fire hazard column
                                              for phenol.  When you calculate your Average
                                              Dally Amount for fire  hazards, use the 200 b.
                                              weight again.
                                           NUMBER OF DAYS ON-SITE
                                           Enter the greatest number of days that a single chemical
                                           within that hazard category was present on-stte.
     You also marked an X bi the Fire hazard box
     for phenol.  When you calculate your
     Maximum Amount totals for fire hazards.
     add the 10.000 b. weight again.
 AVERAGE DAILY AMOUNT
 This column should represent the average daDy amount
 of chemicals of each hazard type that were present at
 your facility at any point during the year.

 To determine this amount:

 1. List  al  of your hazardous  chemicals  MMduaBy
     (same as for Maximum Amount).

 2. For each chemical...

    a. Indicate al physical and health hazards that
       the chemical  presents (same as  for Maxi-
       mum Amount).
    b. Estimate the average weight In pounds that
       was present at your faculty throughout the
       year.  To do this, total aB datty weights and
       divide by the  number of days the chemical
       was present on  the site.

 3.  For each hazard type — beginning wtth  Fire and
    repeating for al physical and health hazards...

     a.  Add the average weights of al chemicals
        you Indicated for the particular hazard type.
     b.  Look at the Reporting Ranges at the bottom
        of the Tier One form. Find the appropriate
        range value code.
     c.  Enter this range vahw as the Average DaBy
        Amount.
                                                                             ' i
                                           ?                  EXAMPLE:                 ?
                                           '",  At your facility, nicotine Is present for 100 days  •<-
                                           >'  and phosgene Is present for 150 days.  Enter    :
                                           -.  150 fi the space provided.
                                           GENERAL LOCATION
                                           Enter the general location within your f aeBty where each
                                           hazard may be found. General locations should Include
                                           the names or Identifications of buildings, tank fields, tots.
                                           sheds, or other such areas.

                                           For each hazard type. 1st the locations of al applicable
                                           chemicals. As an alternative you may also attach a site
                                           plan and 1st the site coordinates related to the appropri-
                                           ate locations, if you do so. check the Site Plan box.
                                                              EXAMPLE:
                                               On your worksheet you have marked an-X In
                                               the Fire hazard column for acetone and
                                               butane.  You noted that these are kept In steel
                                               drums In Room C of the Main BuMlng. and In
                                               oressurtzed cylinders ki Storage Shed 13.
                                               respectively.  You could enter Mam BuHdlng
                                               and Storage Shed 13 as the General
                                               Locations of your fire hazards.  However.
                                               you choose to attach a alts plan and 1st
                                               coordinates.  Cheek the She Plan box at
                                               the top of the column and enter stte coor-
                                               dinates for the Main Building and Storage Shed
                                               13 under General •Locations.
                                                          If you need more space to 1st locations, attach an adoV
                                                          tktnal Tier One form and continue your list on the proper
                                                          Ine.  Number al pages.
                                                          CERTIFICATION
                                                          This must be completed by the owner or operator or the
                                                          officially designated representative of the owner or op-
                                                          erator.  Enter your fun name and official title. Sign your
                                                          name and enter the current date.

-------
           Federal Register /  Vol. 52.. No. 199 / Thursday. October 15. 1987 /  Rules and Regulations
3837
 §370.41  Tter II emergency and hazardous
 chemical Inventory form.
   (a) The form set out in paragraph (b)
 of this Section must be completed and
 submitted as required in { 370.25(c). In
 lieu of the form set out in paragraph (b)
 of this section, the facility owner or
 operator may submit a State or local
 form that contains identical content.
  (b) Tier II Emergency and  Hazardous
Chemical Inventory Form.
BILUNO CODE 6SCO-SO-M

-------
                                                                                                                     Pig*	 of
                                                                                                                     Form Approved OMB No 2060-007?

Tier Two
EMERGENCY
AND
HAZARDOUS
CHEMICAL
INVENTORY
Sptelflc
Information
by Cfiimical


Facility Idantlflcallon

pltw "'at* . ... . "*'-

siccod. 	 ""tfJS-l 1 l-l 1 1 l-l 1 1
FOR I D .
ONLY |o«.H«-«d





1



'Ownar/Oparator Nama
— ( I
Mill Mdrara 	 . 	 — 	

- Emarganoy Contact
Mimr Tllto 	
Phor»_L_J_ 	 24HrRion.J 	 > 	
Ml-T Tn" 	
„„, < ) MM, B— . ( 1 	


                                            arm
                                                                       Reporting Purled fnm January 1 to Paeambar 3), I8_
     Chemical Description
  Physical
 and Health
  Hazards
(ohaokaH that tap*)
                                                                  Inventory
                                                           Max.    Avg.    No. Of
                                                           Dally.   Dally     Day*
                                                          Mnount  Amount • On-alta
                                                          (coda)   '(code)     (days)
         Storage Codes and Locations
                  (Non-Confidential)

Storage Code       Storage Locations
      i   i   i  i  i   irnn
Cham. Nima
c»«* an  r~i    rn
MolApp/y: L-J    I—I
                                              RAQCI ivfty

                                              knradlct* (MUM]

                                              DM«y^ (ehronto)
               anon  rrn
                Mix
                       Solid   UquM
                                     Oil
CASI  i  i   i   i  i   ii~nn
Cham. Mum	
—»B    s    a   a   s
                                              knmdlaw (aoul*

                                              (M«y^ (ehrenlo)
«*.i   i  i  i   i  i  imn  ss&n
Cham.
 C»M*AH  n    n    n    n   n
 thai apply: p^     M|J(    g^    llquM    Oli
    OfPrMlur*

    Rucllvlly

    kimdlati laeuta

    FMUyrt (ohronle)
                                                           mm  rm
Cortlllcatlon  (Rtod end 4lt» ojttr cotnflitlng oil iittlom)

  I cattily Midar penalty of law that I hav* oartenally examined and am familiar with th* Information •,                        	
  en .ny inquiry oMhoee Individual. «.pon.lb4e for obt.lnlng th. mtarmatlen. 11*^. that the tubmltted Intarmallon I. Iru*. aoourat*. and oompl.te.
                                                                     d ki thla and all attachad doeumanta. and that ba*M)
  Nmm» «ndolllclal till*ot o»m«/ep«nler OP
                                                                                            Dalai
                                                                                                                Optional Attachment*  (Check one
                                                                                                                     B
                                                                             I hav* atlaenad a alt* plan
                                                                             I hav* •inched a Hit of ilia
                                                                             coordinate abbrmlailoni

-------
Tier Two
EMERGENCY
AND
HAZARDOUS
CHEMICAL
INVENTORY
Sptclfle
Information
*jr Clitmical
kl«n.
Sln.1 A**...
City
SIC Cod* [ T
FOR
OFFICIAL
USE
ONLY

1 1 1 °"A3£\ 1 H 1 1 l-l 1 1 1 1
1
Oat* Received |

Owner/Operator Nam*
|J»n* . , »««• ( )
U.ll A*
-------
TIER TWO INSTRUCTIONS
   GENERAL INFORMATION
                  t     -
at your facility during the past year.

YOU MUST PROVIDE ALL INFORMATION
REQUESTED ON THIS FORM TO FULFILL
TIER TWO REPORTING REQUIREMENTS.


  TWB form may also boused as a **•*•»•**
  completing the TJer One form or may be
  In place of the Tier One lorm.


WHO MUST SUBMIT THIS FORM
Section 312 of Title IB requb-ee that tbeowner or opera-
tor of a fadtty submit this Tier Two forwilf so requested
by a State emergency planning  commission, a local
emergency planning  committee, or  a fire department
with Jurisdiction over the facOty.
     request may apply to the owner or operator of any
            to required, under regulations ImpJementhg
              Ml Safety and Health Act of 1O70. ta pre-
pare or nave available  a Material Safety Data Sheet
 (MSDS1 for a hazardous chemical present at the facnty.
MS)S requirements are  specified m the Occupational
Safety and Health Administration (OSHA) Hazard Com-
 munications Standard, found m Title 29 of the Code of
 Federal Regulations at §1910.1200.


 WHAT CHEMICALS ARE INCLUDED
 You must report the Information required on thta form for
 wh tazardoaV chemical for which Thr Two Information
 {^requested.  However. OSHA regutatlone and  Title III
 exempt some chemicals from reporting.
 Section W10.1200(b) of the OSHA regulations currently
 provides the following exemptions:
    (I)  Any hazardous waste as such twm to defined
    by the SoBd Waste Disposal Act aa amended (42
    US C. 6901 et seq.) when subject to regutatlone
    Issued under that Act:
    (D) Tobacco or tobacco products:

    (Q) Wood or wood products:

    (lv)-Articles-- defined under §19leM200(b) as a
    manufactured  Item:
    e Which* formed to a specific shape or design
      during manufacture:
    e Which tias  end use funetlon(e) dependent In
       whole or tn part upon the ehape or design dur-
       ing end use: and
     e WWch does not release. or^_
       exposure to a hazardous chemical under nor-
       mal conditions of use.
    i.i  Food, drugs, cosmetics or alcoholic beverages
    ha reSS establishment which are packaged for sale
    to consumers:
    irii Foods, drugs, or cosmetics latended for per-
    •Sial  comW«on  by  employee.  wNte  In  the
    workplace.
                    (rD) Any consumer product or hazardous •"bstanca.
                    as those terms are defined ri the Consumer Product
                    Safety Act  (15 U.S.C. 1251 et asp.) "•P"**'**-
                    where fee employer can awontrateltls l»»*»™
                    worto>ace In the same manner as normal consumer
                    use. and wrtch use  results  h a duration and fre-
                    quency of ensure which Is  net grnw
                    seres experienced by r—•-—<—«
                            druo as that term *s eetned In the Federal
                            $?'JZ Co«n«lc Act pi  U.8.C. 301.1
                    sag.). when It to h sold, ftaal form for direct admW-
                    straton to the patient P.O.. tablets or pills).

                   m addklon. Section 311W of TMe IH exdudes the foBow-
                   tag substancaa:
                     IU  Any food, food adOWve. color addKlve.  drug, or
                    cosmeSc^egulated by the F««« and Drug Admlnl-
                    straflon:
                     (0)  Any substance present aa a *e»d m •"*m"r»-
                    taetored Itwn » the e«wn exposure »*••«*:
                     stance  does not occur under normal  conoitlons of
                     use:
                     (B) Any substance to the extent K t
                     sonal. famBy. or househoM purpose*. - -r~""'-
                     the same form and concentration as a product pack-
                     aged for distribution and use by the general public:

                     iivi Ajnw lUjbstBncA to ttv 0)dont It M UsWQ «i • rv*
                     (££X£2S™~ a ho** e> or •tt-r.n.dte.lf.c.l.
                     tty under the direct euperrteloa of a technically quaB-
                     fled Individual:
                     ,v) Any substancstofce extent »to »eTle>Onew>de7TMe III. Section 312. You need
                    toWport onN those hazartous ohsmteato that were pre-
                    sent at your faculty at any *ne during the preceang cav
                    endar year at or abowj the teveto teted  below:

                       e January to December 1987
                         (or first year of reporting) ...10.00* be.

                       • January to December t«8i
                         (or second year of report**)  ...10.00B) bs.

                       e January to December 1981
                         (or thrd vesr of reparnngl .. J»n> t».*
                         •  EPAwBp-bBehtheflr^«ireetw*ellectl»e
                            In the third year. a*er additional analrsis.

                       e For  extremely  hazardous •<*>taMC*>"-^
                         bs. or the thresnoW ptaweng *u**'**~'*~
                         ever to  toes, from die first year of reporthg
                          and thereafter.
                     chemicals regardless of

-------
      Federal Register / Vol. 52. No. 199 / Thursday.  October 15. 1987 / Rules and Regulations
     ^^^^^^^^^^^^^^^^^^^^^^^^^^•••^•^••MP^^MMM^MiMi^M^^j^l^BI^^MEjp^B^^M^jl^MM^jl^^M^^^^M^^^^^^^^^^^^^^M^^^^^^^^^^^^^^^j
                                                         38375

                                            INSTRUCTIONS
Pltatt rtad thtit instructions carefully. Print or lypt all niponta.
WHEN TO SUBMIT THIS FORM
Owners or operators must submit the Tier Two form to
the requesting agency within 30 days of receipt of a writ-
ten request from an authorized official.


WHERE TO SUBMIT THIS FORM
Send the completed Tier Two  form to the requesting
agency.


PENALTIES

Any owner or operator who violates any Tier Two report-
Ing requirements shad be liable to the United States for a
civil penalty  of up to S2S.OOO for each such violation.
Each day a violation continues Shan constitute a separate
violation.
  You may use the Tier Two form as a worksheet for
  completing the Tier One form.  Fining m the Tier
  Two Chemical Information section should help you
  assemble your Tier One responses.


 If your responses require more than one page, flu In the
 page number at the top of the form.


 REPORTING. PERIOD
 Enter the appropriate calendar year, beginning January 1
 and ending December 31.


 FACILITY IDENTIFICATION
 Enter the fufl name of your faculty (and company Identi-
 fier where appropriate).

 Enter the fun street  address  or state road. If a street
 address Is not available, enter other appropriate Identifi-
 ers that  describe the physical location of your faculty
 (e.g.. longitude and latitude). Include city, state, and zip
 code.

 Enter the primary Standard Industrial Classification (SIC)
 code and the Dun & Bradstreet number for your faculty.
 The financial officer of your fadDty shouk) be able to pro-
 vide the Dun a Bradstreet number. If your firm does not
 have this  Information, contact the state or regional office
 of Dun & Bradstreet to obtain your faculty number or
 have one assigned.


 OWNER/OPERATOR
 Enter the owner's or operator's  fuO  name, mailing ad-
 dress, and phone number.


 EMERGENCY CONTACT
 Enter the name, title, and work phone number of at toast
one local person or office who can act as a referral If
emergency responders need assistance In responding to
a chemical accident at the faculty.

 Provide an emergency phone number where such emer-
gency chemical Information will be available 24 hours a
day. every day.
CHEMICAL INFORMATION: Description.
Hazards. Amounts, and Locations
The main section of the Tier Two form requires specific
Information on  amounts  and locations  of  hazardous
chemicals, as defined In the OSHA Hazard Communica-
tion Standard.
  e  What unKa should I use?

     Calculate al amounts as weight In pounds. To
     convert  gas or  Iquld volume to weight hi
     pounds, multiply by an appropriate density fac-
     tor.

  e  What about mixtures?

     If a chemical to part of a mixture, you have the
     option of reporting either the weight of the en-
     tire mixture or  only the portion of the mixture
     that Is a particular hazardous chemical (e.g..
     If a hazardous  sedition weighs 100 bs. but to
     composed of only 5% of a particular hazardous
     chemical, you  can Indicate either 100 DM. of
     the mixture or  5 bs.  of the chemical.

     Select the option  consistent wttti your Section
     311 reporting of the chemical on the MSDS or
     Hst of MSDS chemicals.
                                                       CHEMICAL DESCRIPTION
                                                       1.  Enter  the  Chemical  Abstract   Service  number
                                                          (CAS*).

                                                          For mixtures, enter the CAS number of the mix-
                                                          ture as a whole H It has been assigned a number
                                                          dtotlnct from KB components.  For  a mixture
                                                          that has no CAS number, leave this Hem blank or
                                                          report the CAS numbers of as many constituent
                                                          chemicals as possible.

                                                        If you are withholding the  name of a chemical In ac-
                                                        cordance wtth criteria specified In Title B. Section
                                                        322. enter the generic chemical class (e.g.. 1st
                                                        toluene dtoocynata as organic toocynate) and check
                                                        the box marked Trade Secret. Trade secret
                                                        Info
       atio
            sh
                                                                      uld be submitted to EPA and must
                                                        Include a substantiation. Please refer to Section
                                                        322 of TKIe III for detailed Information on how to
                                                        comply wtth trade secret request*.

                                                      2.  Enter the chemical name or common name of each
                                                          hazardous chemical.

                                                      3.  Circle ALL appBcabto  descriptors: pure or mixture.
                                                          and solid, liquid, or gas.
                                                                           EXAMPLE:
                                                           You have pure chlorine gas on hand, as
                                                           weD as two mixtures that contain Iquld
                                                           chlorine. You write 'chlorine' and enter the
                                                           CAS*. Then you circle 'pure* and 'mix' —
                                                           as we0 as 'Hq* and 'gas  .
                                                           .•:•  .,  ','«£ — -„ ,,ff  .   ?,„"•,  •?• -  '.•'.:•

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3837B       Federal Register / Vot. 52. No. 199 / Thursday. OctoberlS. 1987 / Rates and Regulations
PHYSICAL AND HEALTH HAZARDS
For each chemical you have listed, check al the physical
and health hazard boxe. that apply. Thesehazard cate-
gories are defined m 40 CFR 370.3. The two health haz-
ard categories and three physical hazard categories are
a consolidation of the 23 hazard categories defined m we
OSHA  Hazard  Communication  Standard.   29  CFR
1910.1200.
                                                 1  For each hazardous chemical, estimate the average
                                                   weight to pounds that was present at your faeRy dur-
                                                   tog the year.
                                                   To do this, total al  daly weights and dMde by the
                                                   number of days the chemical was present en the
                                                   site.
                                                 2. Find the appropriate range value to Table I.

                                                 3. Enter this range value as the Average Da* Amount.
 MAXIMUM AMOUNT
 1.  For each hazardous chemical, estimate the greatest
    amount present at your facility on any single day dur-
    ing the reporting period.
 2.  Find the appropriate range value code In Tabte I.

 3.  Enter this range value as the Maximum Amount.
  Table I   REPORTING RANGES
  Range
   Value
    Weight Range to Pound*
    From...       To...
00
01
02
03
04
05
06
07
08
09
10
0
100
1.000
10.000
100.000
1 .000.000
10.000.009
50.000.000
100.000.000
500.000.000
1 billion
99
999
9.999
99.999
999.999
9.999.999
49.999 .999
99.999.999
499.999.999
999.999,999
higher than 1










bifflon
    « you are using this form as •.worksheet «orcom-
    pleting Tier One. •nt£^5Ptl«L?^Jn0E_*lDa
    In the shaded space below In* re«puiwe BUCK*. BO
    fcls f orboth  Maximum Amount and Averag*
    Daily Amount.
                     EXAMPLE:
      gallon storage tar*.
      contains 10% benzene, which ta a
      chemical.
                                         50*>
                                         «f
                                            *
                                            if
You figure
aallons  You also know that the
SerSene Is 7.29 pounds per galto.. •• ye-
multiply 500 by 7.29 to get a weight of 3,«
pounds.
Then you look at Table I    .
range value 02 correspond8to
enter 02 as «he Maximum AtneanU

llf vou are using the form as a worksheet for
completing  a Tier One form, you should write
3.645 In the stiaded area.)
                 EXAMPLE:
  The 5.000-gaflon shipment of solvent you re-
  ceived last year was gradualy used up and
  d3l?Pvot|ume0tev'els •Vthe'lanic te K9!MO°gaBons.

  *Z™&2¥!£^&"^™£
  gallons.
  You already knew that the solvent contains 1O%
  benzene, which Is a hazardous chemical. Stoce
  10% of 2 950 Is 295. you figure that you had an
  average of 295 gallons of benzene. X*".*]*?,^.
  know that the density ofbenjen* to ™*P»»*
  per gallon, so you multfaty 295 by 7.29 to get
  a weight of 2.150 pound*.
                                                           Then you took at Tableland M
                                                           range value 02 cuireuends to 2.150. You
                                                           enter 02 as the Average DaDy Amount.
                                                           llf you are using the form as a •uihstiii* for
                                                           completing a Tier One form, you should wrrte
                                                           2.150 In the shaded area.)
                                                  NUMBER OF DAYS ON-8ITE
                                                  Enter the number of days that tbe hazardous chemical
                                                  was found on-slte.
                                                        <'
                                                                     EXAMPLE:
                                                                       ed o! lOTfcbenzenewam
                                                            The ecjlvert c»n^sed o! lOTfcbenzenewam
                                                            present for 315 days at your facOty.  Enter S15
                                                            in the space provided.
                                        th*
                                        You
STORAGE COOeS AND STOWAGE1OCAT1ONS
UM alflon-confioentlal Chemteal location* toOJ*(«*•""•
along w» storage types/eonoWons associated with each

mtrffir Codes:  Indicate the type* and conditions of
tterage present.
    a. Loo* af Tab* J7. For each location, ftod the
       appropriate storagetype(s). Enterthe cor-
       raspondlng eode(s) to front of the parenthe-
       ses.
     b  Loo* ar Taft* 111. For ••ote etorage type.
       find the.tamperat«re and *•*•»•• ««"*-
             _    „  —_—•-•-—~ture code •>
                                                               the first space wrthto the pareiaheiss. 6nt»r
                                                               the applicable temperaoire code In the last
                                                               apace within the pa»eiiMwse».
   AVERAGE DAILY AMOUNT

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        A      Above ground tank
        B      Below ground tank
        C      Tank Inside building
        D      Steel drum
        E      Plastic or non-metallic drum
        F      Can
        Q      Carboy
        H      Silo
        I      Fiber drum
        J      Bag
        K      Box
        L      Cylinder
       M       Glass bottles or Jugs
       N       Plastic bottles or Jugs
       O       Tote bin
        P       Tank wagon
       Q       Ran ear
       R       Other
                                             Optional anachmftnm: If you choose to attach one of the
                                             following, check the appropriate Attachments box at the
                                             bottom of the Tier Two form.

                                                a. A site plan with site coordinates Indicated for
                                                   buildings, lots, areas, etc.  throughout your
                                                   faculty.
                                                b. A  list of site coordinate abbreviations that
                                                   correspond to buildings,  lots,  areas  etc
                                                   throughout your facility.
                                                                EXAMPLE:

                                                 Voii.hw w,?J2.enzene"" *"• "w*room «* the
                                                 mam building, and In tank 2 In tank fleld 10.
                                                 You attach a site plan wtth coordinates as
                                                 follows-  main bunding  =  Q-2.  tank field 10 .
                                                 B-6.  FID In the Storage Location as follows:
                                                                   B-6 [ Tank 2   ] Q-2 [Main Room)
  Table III - TEMPERATURE AND PRESSURE
               CONDITIONS

  CODES    Storage Conditions
(PRESSURE)
Ambient pressure
Greater than ambient pressure
Less than ambient pressure
(TEMPERATURE)
Ambient temperature
Greater than ambient temperature
Less than ambient temperature
  but not cryogenic
Cryogenic conditions
       1
       2
       3

       4
       6
       6
                               	Virus,; •Z,* V£,~?,Z Z

                     EXAMPLE:

     The benzene  In the main bunding Is kept ki a
     tank Inside the building, at ambient pressure
     and less than ambient temperature.

     Table II shows you that the code for a tank
     Inside a building Is C.  Table III  shows you that
     code for ambient pressure Is 1. and the code
     for less than ambient temperature to 6.

     You enter: C(1.6)
Under Title III. Section 324. you may elect to withhold
location Information on a specific chemical from disclo-
sure to the public. If you choose to do so:

  • Enter the word •confidential- In the Non-Con-
     fldentlal Location section of the Tier Two form.

  • On a separate Tier Two Confidential Location
     Information Sheet, enter the name and CAS*
     of each  chemical for which you are keeping
     the location confidential.

  • Enter the appropriate location and  storage In-
     formation, as described above for non-confi-
     dential locations.

  • Attach the Tier Two Confidential Location In-
     formation Sheet to the Tier Two form. This
     separates confidential locations from other kv
     formatton that  wB be disclosed to the public.
                                           CERTIFICATION.

                                           Tnto must be completed by the owner or operator or the
                                           officially designated representative of the owner or op-
                                           erator. Enter your ful name and official tttle. Sign your
                                           name and enter the current date.
 Storage Locations:

 Provide a brief description of the precise location of the
 chemical, so that emergency responders can locate the
 area easily. You may find It advantageous to provide the
 optional site plan or site coordinates as explained below.

 For each chemical. Indicate at a minimum the buDcDng or
 lot. Additionally, where practical, the room or area may
 be Indicated.   You may respond m narrative form wtth
 appropriate site coordinates or abbreviations.

 If the chemical to present hi more than one budding, tot.
 or area location, continue your responses down the page
 as needed.  If the chemical extots everywhere at the
 plant site  simultaneously, you may report that the chemi-
 cal to ubiquitous at the she.
(FR Doc. 87-23842 Filed 10-13-87; 10:48 am]
              -to-c

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38338
Federal Register / Vol.  52, No. 199 / Thursday. October 15. 1987  /  Proposed Rules
Subpart B—Disclosure of Trade Secret
Information to Health Professionals

§ 35O.40  Disclosure to health
professionals.

  (a) Definitions. "Medical emergency"
means any unforeseen condition which
a health professional would judge to
require urgent and unscheduled medical
attention. Such a condition is one which
results in sudden and/or serious
symptom(s) constituting a threat to a
person's physical or psychological well-
being and which requires immediate
medical attention to prevent possible
deterioration, disability, or death.
  (b) The specific chemical identity.
including the chemical name of a
hazardous chemical, extremely
hazardous substance, or a toxic
chemical, is made available to health
professionals, in accordance with the
applicable provisions of this section.
  (c) Diagnosis or Treatment by Health
Professionals. In non-emergency
situations, an owner or operator of a
facility which is subject to the
requirements of sections 311. 312. and
313. shall, upon request, provide the
specific chemical identity, if known, of a
hazardous chemical, extremely
hazardous substance, or a toxic
chemical to a health professional if:
   (1) The request is in writing:
   (2) The request describes why the
health professional has a reasonable
basis to suspect that:
   (i) The specific chemical identity is
needed for purposes of diagnosis or
 treatment of an individual.
   (ii) The individual or individuals being
 diagnosed or treated have been exposed
 to the chemical concerned, and
   (iii) Knowledge of the specific
 chemical identity of such chemical will
 assist in diagnosis or treatment.
   (3) The request contains a
 confidentiality agreement which
 includes:
   (i) A description of the procedures to
 be used to maintain the confidentiality
 of the disclosed information: and
   (ii) A statement by the health
 professional that he will not use the
 information for any purpose other than
 the health needs asserted in the
 statement of need authorized in
 paragraph (c)(2) of this section and will
 not release the information under any
 circumstances, except as authorized by
 the terms of the confidentiality
 agreement or by the owner or operator
 of the facility providing such
 information.
                            (4) The request includes a certification
                          signed by the health professional stating
                          that the information contained in the
                          statement of need is true.
                            (5) Following receipt of a written
                          request, the facility owner or operator to
                          whom such request is made shall
                          provide the requested information to the
                          health professional promptly.
                            (d) Preventive Measures and
                          Treatment by Local Health
                          Professionals.  An owner or operator of a
                          facility subject to the requirements of
                          sections  311.312. or 313 shall provide
                          the specific chemical identity, if known,
                          of a hazardous chemical, an extremely
                          hazardous substance, or a toxic
                          chemical to any health professional
                          (such as  a physician, lexicologist.
                          epidemiologist, or nurse) it
                             (1) The requester is a local
                          government employee or a person under
                          contract with the local government
                             (2) The request is in writing:
                             (3) The request describes with
                          reasonable detail one or more of the
                          following health needs for the
                          information:
                             (i) To assess exposure of persons
                          living in a local community to the
                          hazards of the chemical concerned.
                             (ii) To conduct or assess sampling to
                          determine exposure levels of various
                          population groups.
                             (iii) To conduct periodic medical
                           surveillance of exposed population
                          groups.
                             (iv) To provide medical treatment to
                           exposed individuals or population
                           groups.
                             (vj[To conduct studies to determine
                           the health effects of exposure.
                             (vi) To conduct studies to aid in the
                           identification of chemicals that may
                           reasonably be anticipated to cause an
                           observed health effect.
                             (4) The request contains a
                           confidentiality agreement which
                           includes:
                             (i) A description of the procedures to
                           be used to maintain the confidentiality
                           of the disclosed information; and
                             (ii) A statement by the health
                           professional that he will not  use the
                           information for any purpose  other than
                           the health needs asserted in  the
                           statement of need authorized in
                           paragraph (d)(3) of this section and will
                           not release the information under any
                           circumstances except as may otherwise
                           be authorized by the terms of such
                           agreement or by the person providing
                           such information.
                              (5) The request includes a  certification
                           signed by the health  professional stating
that the information contained in Ihe
statement of need is true.
  (6) Following receipt of a written
request, the facility owner or operator to
whom such request is made shall
promptly provide the requested
information to the local health
professional.
  (e) Medical Emergency. (1) An owner
or operator of a facility which is subject
to the requirements of sections 311,312.
or 313 must provide a copy of a material
safety data sheet, an inventory form, or
a toxic chemical release form, including
the specific chemical identity, if known.
of a hazardous chemical, extremely
hazardous substance, or a toxic
chemical, to any treating physician or
nurse who requests such information if
the treating physician or nurse
determines that
   (i) A medical emergency exists as to
the individual or individuals being
diagnosed or treated;
   (ii) The specific chemical identity of
the chemical concerned is necessary for
or will assist in emergency or first-aid
 diagnosis or treatment; and.
   (iii) The individual or individuals
 being diagnosed or treated have been
 exposed to the chemical concerned.
   (2) Owners or operators of facilities
 must provide the specific chemical
 identity to the requesting treating
 physician or nurse immediately
 following the request, without requirinf
 a written statement of need  or a
 confidentiality agreement in advance.
   (3) The owner or operator may require
 a written statement of need and a
 written confidentiality agreement as
 soon as circumstances permit. The
 written statement of need shall describe
 in reasonable detail the factors set forth
 in paragraph (e)(l) of this section. The
 written confidentiality agreement shall
 be in accordance  with paragraphs (c](3)
 and (f) of this section.
    (f) Confidentiality agreement. The
 confidentiality agreement authorized in
 paragraphs (c)(3). (d)(4) and (e)(3) of this
 section:
    (1) May restrict the use of the
 information to the health purposes
  indicated in the written statement of
  need:
    (2) May provide for appropriate legal
  remedies in the event of a breach of the
  agreement, including stipulation of a
  reasonable pre-estimate of likely
  damages; and
    (3) May not include requirements for
  the posting of a penalty bond.
    (g) Nothing in this regulation is meant

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              Federal  Register / Vol. 52. No.  199 / Thursday.  October 15.  1987 / Proposed Rules        38337
to preclude the parties from pursuing
any non-contractual remedies to the
extent permitted by law. or from
pursuing the enforcement remedy
provided in section 325(e) of Title III.
  (h) The health professional receiving
the trade secret information may
disclose it to EPA only under the
following circumstance: the health
professional must believe that such
disclosure is necessary in order to learn
from the Agency additional information
about the chemical necessary to assist
him in carrying out the responsibilities
set forth in paragraphs (c), (d), and (e) of
this section. Such information comprises
facts regarding adverse health and
environmental effects.
[FR Doc. 87-23843 Filed 10-9-87; 4.35 pm]
BILLING CODE 6NO-SO-M

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Wednesday
October 21,  1987
Part VI



Environmental

Protection  Agency

40 CFR Part 310
Reimbursement to Local Governments
for Emergency Response to Hazardous
Substance Releases; Interim Final Rule

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39386   Federal Register / Vol.  52. No. 203 / Wednesday.  October 21. 1987  /  Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 310
[FRL-3254-3]

Reimbursement to Local Governments
for Emergency Response to
Hazardous Substance Releases

AGENCY: Environmental Protection
Agency (EPA).
ACTION: Interim final rule.      	

SUMMARY: The Environmental Protection
Agency (EPA) today is issuing an
interim final rule to provide
reimbursement to local governments for
costs of temporary emergency measures
taken to prevent or mitigate injury to
human health or the environment. This
reimbursement program is authorized
under the Comprehensive
Environmental Response.
Compensation, and Liability Act of 1980
(CERCLA). 42 U.S.C. 9601 et seq.. as
amended by § 123 of the Superfund
Amendments and Reauthorization Act
of 1986 (SARA). Pub. L 99-499.
hereinafter referred to as CERCLA. This
regulation should help to alleviate
significant financial burden on local
governments for costs incurred in
responding to releases or threatened
releases of hazardous substances.
CERCLA requires, however, that
reimbursement must not supplant local
funds normally provided for response.
  EPA believes that today's interim final
rule is both consistent with the intent of
Congress and appropriate for effective
emergency response at the local level.
The Agency seeks comments on the
overall approach to this rule and on
specific components of the approach
outlined.
DATES: Comments must be submitted on
or before December 21.1987.
Effective October 21.1987. The
incorporation by reference of certain
publications listed in the regulation is
approved by the Director of the Federal
Register as of October 21.1987.
ADDRESSES: Comments on this interim
final rule should be sent to the
Superfund Docket Clerk, ATTN: Docket
Number 123 LGR. (WH-548D). U.S.
Environmental Protection Agency. 401 M
Street. SW.. Washington. DC 20460. The
public docket is located in Room LG-100
and is available for viewing from 9 a.m.
to 4 p.m.. Monday through Friday.
excluding Federal holidays.
Appointments must be made by calling
(202) 382-3046. The public may copy a
maximum of 50 pages of matenal from
the docket at no cost. Additional copies
cost S.20/page.
FOR FURTHER INFORMATION CONTACT:
F.or general information on the
Comprehensive Environmental
Response. Compensation, and Liability
Act of 1980. the Superfund Amendments
and Reauthorization Act of 1986 and the
National Contingency Plan (40 CFR Part
300] contact the RCRA/CERCLA Hotline
at 1-800-424-9346 (toll free) or. in the
Washington. DC. metropolitan area.
382-3000.
  For information on specific aspects of
this interim final rule for reimbursement
to local governments contact: Karen
Burgan. Project Officer, Emergency
Response Division. (WH-548B),
Environmental Protection Agency. 401M
Street SW.. Washington. DC 20460.
SUPPLEMENTARY INFORMATION:

Preamble Outline
I. Statutory Authority
II. Background
  A. Overview of the Superfund Program
  B. Congressional Intent
m. Approach to This Rulemaking
IV. Analysis of Major Issues
  A. Intent of the Reimbursement Regulation
  B. Basis of Reimbursement Decisions
  C. State Role
V. Reimbursement Process
  A. Response to Release
  B. Contact with the Federal Government
  C. Decision to Pursue Reimbursement
  D. Reimbursement Request
  E. Preliminary Screening
  F. Evaluation of Requests
VI. Section-By-Section Analysis
  A. Subpart A—General
   1. § 310.05 Purpose. Scope and
   Applicability
   2. ! 310.10 Abbreviations and § 31041
   Definitions
   3. $ 310.12 Penalties
  B. Subpart B—Reimbursement
   1. $ 310.20 Eligibility for Reimbursement
    2. $ 310.30 Requirements for Requesting
    Reimbursement
    3. § 310.40 Allowable and Unallowable
    Costs
  C Subpart C—Procedures for Filing and
    Processing Reimbursement Requests
    1. § 310.50 Filing Procedures
    2. § 310.60 Verification and
    Reimbursement
    3. { 310.70 Records Retention
    4. $ 310.80 Payment of Approved
    Reimbusement Requests
    5 § 310.90 Disputes Resolution
VII. Regulatory Analyses
  A. Executive Order No. 12291
  B. Regulatory Flexibility Act
  C. Paperwork Reduction Act
VIII. List of Subjects in 40 CFR Part 310

I. Statutory Authority
  Section 123 of CERCLA directs the
EPA Administrator to develop a
regulation containing procedures for
reimbursing local governments for
expenses incurred in carrying out
temporary emergency measures in
response to hazardous substance
threats. These measures must be
necessary to prevent or mitigate injury
to human health or the environment
from a release or threatened release of a
hazardous substance or a pollutant or
contaminant. Temporary emergency
measures may include such activities as
erecting security fencing to limit access.
responding to fires and explosions and
other measures that require immediate
response at the local level. CERCLA
specifically limits reimbursement to
$25,000 per single response and requires
that reimbursement not supplant local
funds normally provided for response.
Any general purpose unit of local
government that incurs costs in response
to a release or threatened release at a
facility within its jurisdiction may apply
for reimbursement. Section 111-of
CERCLA specifies that not more than 0.1
percent (or a maximum of S8.5 million)
of the total amount appropriated from
the Fund may be used for local
government reimbursement.
  The responsibility for promulgating
today's interim final rule rests with the
Administrator for EPA. The authority to
receive, evaluate and make
determinations regarding requests for
reimbursement and to issue payments to
qualified applicants has been delegated
to the Assistant Administrator for the
Office of Solid Waste and Emergency
Response. Today's rulemaking
establishes how this reimbursement
program will work.

n. Background

A. Overview of the Superfund Program

  CERCLA was originally enacted in
1980 and establishes the authority to tax
the chemical and petroleum industries to
finance a Sl.6 billion response trust fund
(the Superfund or Fund). CERCLA
provides broad Federal authority to
respond directly to releases or
threatened releases of hazardous
substances and pollutants or
contaminants that may endanger public
health or welfare or the environment
EPA is primarily responsible for
implementing the Superfund program.
On October 17.1986. President Reagan
signed into law the Superfund
Amendments and Reauthonzation Act
of 1986. These Amendments add S8.5
billion to the Superfund Trust Fund and
broaden the Federal Government's
response authority.
  Under the Superfund program. EPA
may take legal action to force those
responsible for hazardous substance
releases to clean them up or to
reimburse EPA for the costs of cleanup.
EPA also can pay for the cleanup of
hazardous waste releases when those

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          Federal  Register  /  Vol. 52.  No. 203  / Wednesday. October 21. 1987  /  Rules and Regulations   39387
 responsible for such releases cannot be
 found or are unwilling or unable to
 conduct a cleanup themselves.
   Response actions may be taken to
 address such incidents as illegal
 disposal of hazardous substances.
 improper handling or disposal of
 hazardous substances at landfills or
 industrial areas, spills of hazardous
 substances when a truck or train
 overturns, or discharges of hazardous
 substances into the air or water during a
 Tire or other accident. Response actions
 may include, but are not limited to:
 removing hazardous substances from
 the release site to an EPA-approved.
 licensed hazardous waste facility for
 treatment, containment or destruction:
 constructing fences, posting warning
 signs or taking other security
 precautions necessary to control access:
 providing a temporary alternate water
 supply to local residents; temporarily
 relocating affected residents; or
 containing the hazardous substance on
 site so that it can safely remain there
 and present no further problem.
   CERCLA responses usually are joint
 efforts by Federal. State and local
 agencies. Since State and local public
 safety and health organizations are
 normally the first government
 representatives at the scene of a
 hazardous substance release, they play
 a critical role in providing temporary
 emergency measures. These temporary
 emergency measures may include
 security, control of the release source.
 containment of the substances released
 control of contaminated runoff and
 similar activities that must be performed
 immediately to prevent or mitigate
 injury to human health or the
 environment. The National Contingency
 Plan (NCP, found at 40 CFR Part 300).
 the main Federal regulation that guides
 the Superfund program, outlines Die
 roles and responsibilities of each
 Federal agency involved in responding
 to releases of hazardous substances and
 describes State and local participation
 in hazardous substance releases. In
 addition, the NCP establishes
 procedures that are to be followed in
 conducting appropriate response
 actions.

B. Congressional Intent

  The original Superfund law did not
provide reimbursement to local
governments for costs incurred in
conducting temporary emergency
measures. SARA added a new section to
the law that specifically allows such
reimbursement, although the Conference
Report makes it clear that
"reimbursement under this provision
 shall not include reimbursement for
 normal expenditures that are incurred in
 the course of providing what are
 traditionally local services and
 responsibilities, such as routine
 emergency firefightmg." With the
 specific requirement in section 123 that
 reimbursement not supplant local  funds
 normally provided for response.
 Congress intends that local governments
 continue to bear some  share of expenses
 for providing temporary emergency
 measures. However. Congress
 recognized that in the past conducting
 such response activities has placed a
 significant financial burden on some
 local governments. Reimbursement
 under section 123 can provide some
 financial relief (limited to S25.000 per
 single response] to local governments
 most seriously affected by costs above
 and beyond those incurred routinely and
 traditionally. This S25.000 cap on
 individual responses plus the limited
 availability of funds for the program
 may not allow EPA to reimburse local
 governments for all responses that may
 qualify.
 III. Approach to  this Rulemaking
  Because this rule falls under the
 grants, benefits and contracts exemption
 of section 553 of the Administrative
 Procedures Act (5 U.S.C. 553(a)(2)). the
 Agency is not required  to solicit public
 comment before  the rule becomes
 effective. In addition, the Agency may
 make the rule effective  immediately
 upon publication.
  In developing this interim final rule,
 EPA incorporated substantial input from
 officials of fire departments, police
 departments and emergency services
 and other representatives of local
 governments, in an effort to make the
 rule realistic and practical. Those who
 offered comments and suggestions are
 described below. The interim final
 approach is designed to allow the
 Agency to implement the reimbursement
 program and to make reimbursement
 monies available quickly, while
 continuing to solicit comments. Public
 comments are invited and should be
 sent to the address listed in the
 "Address" section  above. Comments
 received by December 21.1987 will be
 considered in the final rule.
  EPA's approach to this rulemaking
 included making  use of  appropriate
 features of parallel programs and
 precedents, where possible. EPA began
 investigating other Federal and State
 programs early in the regulatory
development process to determine  their
possible applicability to this
reimbursement program. Table 1 depicts
representative programs considered by
 the Agency. Research into these
 programs provided useful information
 for several reasons. First, this
 information helped both to identify
 issues and  to suggest regulatory options
 The Asbestos in Schools Hazard
 Abatement Program, for example.
 provided a model for evaluating
 requests for reimbursement. Second, the
 regulations associated with these
 programs suggested possible regulatory
 frameworks for the reimbursement rule.
 For instance, the Superfund response
 claims regulation, now being drafted.
 had already addressed some of the
 issues posed in section 123. Third.
 analysis of these programs helped
 highlight implementation considerations
 and alternatives. The Pesticides
 Indemnification Program, for example.
 pointed  to same internal forms and
 procedures that could expedite
 reimbursement. Finally, detailed
 analyses of these programs.
 supplemented by research on Superfund
 removal actions involving response by
 local governments, helped EPA outline
 the basic regulatory framework leading
 to today's interim final rule.

   TABLE 1 —REPRESENTATIVE FEDERAL AND
   STATE PROGRAMS OF POTENTIAL INTEREST

    Ageney/Sute   |
EPA! 	 .
EPA 	 	
EPA 	 . 	 .. .
EPA. 	
EPA _ 	
Fodsfil cinwQBncy
Oaoanmam of Slate 	
Department of
Agriculture.
Nf* Vfli* 	 	 	

Asbestos m Scnoo-s Hua-o
Abatement
Construction Grants Reimoursa.
mem
Pesuedes indemnrf^anon
Supertund Response Claims
Suparfund Technical Asu's^ce
Grams.
Federal Disaster Assistance
Protection of Foreign M.SS o^s
Casual Firefighter.
Emergency Response F*no
Spin Prevention ana Pfssorse
Fund.
  EPA also held discussions with local
officials in five areas of the country to
gain the perspective and insights of
frontline response officials in an effort
to develop a rule that realistically
addresses local concerns and that could
be implemented  in a practical way. The
five meetings were held in Baton Rouge.
LA: Chattanooga, TN: Edison. NJ:
Jefferson, OH: and Los Angeles. CA.
These localities were selected as
meeting locations because they
represent a range of community sizes
and emergency response capabilities
and because local officials in and
around these communities expressed
interest and willingness to participate
when asked.

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39388   Federal Register / Vol.  52. No
  . 203 / Wednesday. October 21. 1987 / Rules and Regulations
IV. Analysis of Major Issues

A. Intent of the Reimbursement
Regulation

  The overall purpose of the
reimbursement program is to provide
some financial  relief to local
governments in conducting temporary
emergency measures in response to
hazardous substance threats. This
response may be conducted entirely by
a local government or may be a
response involving State or Federal
assistance. The intent of today's interim
final rule is to alleviate significant
financial burden on a local government.
EPA believes that this approach
achieves the intent of section 123 of
CERCLA to channel the small pool of
reimbursement monies to the most
deserving applicants and local
governments must demonstrate that a
response has created expenses that
significantly exceed the funds normally
 available for temporary emergency
 services. This  approach also is
 consistent with the overall policies and
 goals of the Superfund program. The
 Agency wishes to emphasize, however.
 that reimbursement under section 123
 does not eliminate the requirement to
 try to identify  potentially responsible
 parties (PRPs) and attempt cost recovery
 from liable parties, but is available as a
 measure of financial relief when
 responsible party search and cost
 recovery actions have proven
 unsuccessful.
   EPA considered two other approaches
 that ultimately were rejected. The first
 of these alternatives was to use the
 reimbursement program to encourage
 local governments to undertake smaller
 response actions, thereby reserving
 Agency resources for complex
  responses. Under this alternative.
  Federal manpower resources would be
  conserved for responses outside the
  scope of local and State capabilities.
  Local governments might have been
  encouraged to enhance their response
  capabilities and become more skilled at
  conducting small response actions. Th«
  limited funds available for the
  reimbursement program and the
  resulting uncertainty of reimbursement.
  however, might not have provided
  adequate incentive for local
  governments to become more assertive
  in undertaking small response actions.
  Some communities with poorly
  developed response programs might not
   have had the capability to attempt even
   small responses to hazardous substance
   releases. EPA believes that this
   approach also would have generated an
   unmanageable number of requests.
   creating an administrative burden
disproportionate to the total amount of
funds to be distnbuted.
  The second alternative EPA
considered was to focus the regulation
on encouraging localities to assist in
responses at Federal-lead cleanup
actions. Such an approach would have
facilitated greater involvement of local
government resources in support of
Federal responses. Again, however, the
uncertainty of receiving reimbursement
may not have provided an adequate
incentive for many localities to increase
their level of participation in Federal-
lead responses. This approach also
would have made it difficult to
distinguish between equally meritorious
applicants based on the broad criterion
of participating in Federal-lead
responses.
B. Basis of Reimbursement Decisions
   As discussed above. EPA has
determined that the reimbursement
money should be distributed to
 applicants who demonstrate the greatest
 financial burden from conducting
 emergency response actions that adhere
 to the overall policies and goals of the
 Superfund program. However, due to the
 limited funds available for the
 reimbursement program (a maximum of
 0.1 percent of the total amount
 appropriated for the Superfund over five
 years, or approximately S8.5 million).
 not all applicants may actually receive
 reimbursement monies. For this reason.
 the Agency needs some basis for
 determining which requests to
 reimburse.
   EPA has written today's rule so that
 reimbursement decisions are  based
 primarily on the ratio of eligible
 response costs to the applicant locality's
 per  capita income adjusted for
 population, with consideration given to
 other relevant financial information
 provided at the applicant's discretion.
 (For example, such information might
 include cost data for other hazardous
 substance responses if the locality has
  conducted numerous responses over a
  short period of time.) This approach
  ensures that communities with limited
  resources will receive priority in the
  reimbursement program. Basing
  reimbursement decisions primarily on
  per capita income statistics provides an
  objective method for deciding among
  requests, while allowing special
  consideration of other relevant data.
  such as frequency of recent emergency
  responses, recent local economic
  changes or other financially  catastrophic
   events, provides flexibility.
    Per capita income statistics are
   readily available through the Bureau of
   Census. EPA expects to use  the Current
   Population Reports. Local Population
Estimates. Series P-26. "1984 Population
and 1983 Per Capita Income Estimates ^
for Countries apd Incorporated Places."
published in June 1986 by the U.S.
Department of Commerce. Bureau of the
Census. This series will be used for the
reimbursement program unless and until *
superseded by more recent data.
Additional financial information
provided by the applicant should
provide the opportunity  to consider
economic factors that may not be
represented accurately in the available
income statistics. For example, if
significant population shifts have
occurred since the last census, the
applicant may wish to supply relevant
financial data demonstrating the
economic effects of that shift upon the
community.
  EPA initially  considered distributing
the reimbursement money
geographically  (i.e., providing
reimbursement to a certain number of
applicants in each state or Region] to
ensure that all areas  of the country had
access to some of the reimbursement
 fund. Dividing the reimbursement money
 this way. however, might not accurately
 address the most deserving cases
 nationwide. A  second possibility was to
 reimburse, on a first-come-first-served
 basis, applicants who meet pre-
 determined criteria. This method could
 neglect deserving applicants because it
 would favor reimbursement for
 responses occurring  early in the year.
   EPA also considered basing
 reimbursement decisions on the
 percentage of a community's annual
 budget spent on a response. Because
 budgeting practices vary so greatly from
 locality to locality, the amounts
 budgeted would be difficult to compare
 accurately. This alternative also would
 favor communities that had allocated
 few. if any. funds for emergency
 response activities. This bias would be
 inconsistent with the intent of the
 Emergency Planning and Community
 Right-to-Know Act of 1986 (Title III of
 SARA) and the overall goals and
  objectives of the Superfund program.
  Moreover, evaluating local budgets
  would have forced EPA to make
  judgment calls on how communities
  allocate their  funds.
    Another option EPA considered was
  to base reimbursement decisions on the
  severity and magnitude of the threat
  posed by the hazardous substance
  incident. This option would have
  reflected the overall mission of the
  Superfund program to dedicate Federal
  resources to significant and/or National
  emergencies that require resources
  outside the scope of State and local
  capabilities. However, estimates of

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         Federal Register  /  Vol.  52. No. 203 / Wednesday.  October 21.  1987 / Rules  and Regulations   39389
potentially affected populations, relative
toxicity of the waste and impacts on
human health and the environment can
be very subjective measurements.
  The most flexible option EPA
considered was to allow applicants to
develop their own rationale for
reimbursement in accordance with
review guidelines developed by EPA.
This option recognized the diversity
among hazardous substance release
incidents and responses nationwide by
allowing local governments to evaluate
their own resources and demonstrate
that they have assumed a
disproportionate financial burden. The
seventy of the incident could have been
incorporated into an applicant's
reimbursement rationale. This
alternative would have obviated the
need for EPA to develop a
comprehensive definition of
reimbursable financial burden, greatly
simplifying the rule development phase
of the program. However, program
administration would have been very
difficult because of the uniqueness of
each application and the time required
to review, compare and analyze the data
submitted by the local governments.
This alternative also could have favored
more organized applicants with
experience in assembling response
information efp.ciently. at the expense of
less experienced communities that may
have had more deserving claims.
C. State Role
  Section 123 authorizes
reimbursements to local governments
for costs incurred in  conducting
temporary emergency measures. The
law does not authorize reimbursement
to. States. Today's rule precludes States
from requesting reimbursement under
§ 310.20(b) either for themselves or on
behalf of political subdivisions within
the  State. EPA believes this approach
will help eliminate the potential for two
parties to request reimbursement for the
same response.
  Local officials  and most State officials
who offered  comments to EPA about
developing this rule believed that there
should be no administrative role for
States in the reimbursement process.
Some local officials,  however, indicated
that States might assist EPA in
evaluating reimbursement requests
since they may be familiar with the
hazardous substance incident and local
government response. Further, some
States have expressed an interest  in
receiving copies of reimbursement
requests in order to identify local areas
in need of financial assistance. In the
interest of streamlining the review
process. EPA intends to contact the
States for information on specific
requests when necessary, but no formal
or routine State role is proposed. EPA
does not intend, however, for this rule to
preclude or interfere with existing State
and local response procedures.
V. Reimbursement Process

  The reimbursement process comprises
six steps, each of which is descnbed
below. The roles and responsibilities of
EPA and the local government in the
process are discussed as well.

A. Response to Release

  The reimbursement process begins
with a local government's response to a
release or threatened release of
hazardous substances or pollutants or
contaminants. (Unlike responses to
hazardous substances, which cover
threats both to human health and to the
environment responses to releases of
pollutants and contaminants must
specifically address human health
threats to qualify for possible
reimbursement.) This response may be
conducted solely by the local
government or in conjunction with State
or Federal responders. To be eligible for
reimbursement, the response must be
consistent with CERCLA, the National
Contingency Plan and. if applicable, the
local emergency plan prepared under
section 303 of the Emergency Planning
and Community Right-to-Know Act of
1986. Title ID of Pub. L 99-499.
  Although temporary emergency
measures that local governments take to
prevent or mitigate injury to human
health or the environment may be
reimbursable, it  is clear that Congress
did not envision that reimbursement
monies would be available for activities
typically included in a local
government's budget. Section 123(b](2)
of the statute specifically requires that
reimbursement "not supplant local funds
normally provided for response." The
conference report on SARA states that
reimbursement does not apply to
"normal expenditures .  . . incurred in
the course of providing what are
traditionally local services and
responsibilities,  such as routine
emergency fireflghting." The statute also
characterizes reimbursable response
measures as those requmng  "immediate
response at the local level." Therefore.
the Agency believes that reimbursement
may be appropriate for activities such as
security, control of the release source.
containment of the substances released.
control of runoff that would contaminate
drinking water sources and similar
activities that must be performed within
minutes or hours of the release to
prevent or mitigate injury to human
health or the environment.
  EPA does not intend that
reimbursement monies be used for
emergency response activities that are
eligible for funding from other sources.
EPA also believes that actions such as
ground-water decontamination, ongoing
sampling and analysis programs.
construction of water treatment
facilities or installation of new water
lines are outside the scope of the
reimbursement program because they do
not constitute temporary emergency
measures. EPA wishes to make clear
that costs of such projects are not
reimbursable under this program.
Instead, the local government may want
to contact the EPA Regional office or the
State to determine whether a
Cooperative Agreement with  the Agency
would be appropriate for performing
long-term response projects.
B. Contact with the Federal Government

  Contact with a Federal response
authority is a necessary condition for
reimbursement under today's interim
final rule. The purpose of this contact
requirement  is to give EPA or the  U.S.
Coast Guard (USCG) an opportunity to
ascertain if Federal response  action is
appropriate in this instance. For this
reason, contact is required as soon as
possible, but not later than 24 hours
after response initiation.
  Contact must be made in one of two
ways. The local government can use
normal response communication
channels to alert EPA or the USCG to
the release. Normal channels  include
notification to the National Response
Center (NRC) or established Regional
networks that link local agencies  with
State agencies and ultimately with EPA
and/or the USCG. Notification of the
release through normal response
communication networks satisfies the
contact requirement in this rule.
  Alternatively, if the locality is not part
of an established communication
network, the local government can
contact the EPA Regional office or the
NRC directly for purposes of satisfying
this requirement. (Appendix I of today's
rule identifies the EPA Regional office
for  each State and Territory and notes
the NRC telepone numbers.) Contact
must be made by telephone or radio as
soon as possible, but not more than 24
hours after response initiation, to meet
the Federal contact requirement for
reimbursement.
C. Decision to Pursue Reimbursement

  If the response has imposed
significant financial burden on the
community and appears to meet the
basic requirements for reimbursement.
as specified in § 310.30 of today's

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 39390   Federal Register / Vol. 52. No. 203 / Wednesday. October 21.  1987 / Rules and  Regulations
 interim final rule, the local government
 may choose to seek reimbursement and
 proceed to the next step.

 D. Reimbursement Request

   The local government should obtain a
 reimbursement application package by
 calling the RCRA/CERCLA Hotline at 1-
 800-424-9346 (toll free) or. in the
 Washington. DC. metropolitan area, at
 382-3000. The package conta-.ns the
 forms and detailed instructions for
 preparing  and submitting reimbursement
 requests. Application packages will be
 mailed to the locality upon request. The
 completed package must be returned to
 the U.S. Environmental Protection
 Agency. Emergency Response Division.
 Attn: Reimbursement Officer. WH-548B
 401 M Street SW. Washington. DC
 20460. within six months of completion
 of the response. In the event that cost
 recovery efforts are still underway, the
 Agency will waive the application
 deadline if the application specifically
 states that the delay resulted from cost
 recovery efforts that ultimately were
 unsuccessful.
   Only one request for reimbursement
 will be accepted for response to any
 single incident. When more than one
 local government (e.g.. a city and
 county) has participated in such a
 response, those governments must
 determine  which one of them will
 submit  the application on behalf of them
 all. If more than one request is received
 for a single incident, all will be returned
 with appropnate written explanation
 and instructions for resubmitting a
 single, coordinated application.

 £ Preliminary Screening

   Initially. EPA will screen the request
 to make sure that-it meets three
 preliminary screening criteria: (1) The
 request meets basic reimbursement
 criteria, as stated in today's rule: (2) it
 complies with the procedures for filing.
 as defined in this rule; and (3) it is
 complete. A request that does not meet
 the requirements for reimbursement
 stipulated m §  310.30 will be returned to
 the local government with a written
 explanation of why the application has
 been rejected.
  An application that meets the basic
 criteria but that has not complied with
 the filing procedures specified in
 § 310.50 or that is incomplete will be
 returned to the local government with an
 explanation of its deficiencies. If the
 application has missed the filing
 deadline, it will be rejected, unless
delay resulted from prolonged, but
unsuccessful, cost recovery efforts.
Other filing or completeness deficiencies
 may be corrected and resubmittsd to
 EPA within 60 days.
   If all reimbursement criteria and filing
 requirements have been met. and the
 application is complete. EPA will notify
 the local government in writing that the
 request meets the preliminary screening
 criteria and will be considered for
 reimbursement. Such a notice in no way
 implies that reimbursement is assured. It
 means only that EPA will consider this
 request along with ail other requests
 received during the review period  that
 also have satisfied this initial screening.
 F Evaluation of Requests
   Screened applications will be
 reviewed twice yearly, with each
 request assigned to a six-month review
 period based on the date a complete
 application is received. EPA will
 convene a review panel, comprising
 representatives from EPA Headquarters.
 EPA Regional offices and the USCG. for
 each review period. The review panel
 will make the final decision on
 reimbursement. In general. EPA intends
 to divide the funds appropriated each
 year for reimbursement evenly between
 the six-month periods. However. EPA
 may choose not to use all funds
 available during any penod in which
 requests do not meet program
 requirements.
  All requests for each six-month period
 will be evaluated on their own ments
 and with respect to the other requests
 under review. Because reimbursement
 monies are limited to 0.1 percent of the
 Superfund appropriation (which
 represents a maximum of S8.5 million, or
Sl.7 million for each year of the five-
 fiscal-year penod beginning October l.
 1986) and because EPA expects that
 requests for reimbursement will exceed
 the funds available, the Agency will
rank the requests and distribute the
 monies accordingly until available funds
are disbursed.1 The Agency will rank
requests on the basis of significant
financial burden incurred by the locality
in performing the single response for
which reimbursement is being sought.
  The financial burden for the
individual applicant is defined as the
ratio of project cost to aggregate income
and is computed as follows:
             B
                   Yx P
Where- B=burden on applicant
C= eligible costs of response minus
  1 Because no reimbursement monies were
disbursed during the fiscal year beginning October
1.1986. EPA will prorate the total amount availab'e
for reimbursement over the remaining four j ears of
the program.
     reimbursement from responsible parties.
     States or other sources
 Y = per capita annual income for the locdli:\
 P=popuJauon of locality
   The review panel will use U.S. Censu
 Bureau "Local Population Estimates" _
 Series P-26 in conjunction with response
 cost data supplied by the applicant to
 compute financial burden on the
 locality. Responses with higher costs
 proportionate to local aggregate income
 will be ranked higher than responses
 with proportionately lower costs.
   In general. EPA expects that financial
 burden will be computed on the basis of
 the single response for which
 reimbursement is requested. In
 exceptional cases, however, the Agency
 may consider other financial data
 demonstrating financial hardship
 incurred by the community in
 responding to hazardous substance
 threats. For example, a small community
 with limited resources that has had to
 respond to numerous hazardous
 substance emergencies over a short
 period of time may choose to supply
 additional information demonstrating
 the cost impacts of those multiple
 responses. As another example, a
 community in a declared disaster area
 may want to supply economic impact
 data associated with the disaster along
 with the financial information for the
 hazardous substance response.
  Any requests not reimbursed dunng
 the six-month penod in which they are
 first considered remain open for later
 consideration, at the review panel's
 discretion, for one year (two additional
 review periods) after the initial review
 period. EPA will notify the applicant if
 the request is carried over to the next
 period. After that time, an unreimbursed
 request will no longer be considered and
 the applicant will be  notified that the
 request will not be reimbursed.
 VI. Section-by-Section Analysis
A. Subpart A—General
  Subpart A discusses the purpose.
scope and applicability of the local
government reimbursement interim final
rule. It also provides definitions
necessary for the proper interpretation
and implementation of the rule and
outlines penalties applicable to false
statements or claims made as part of an
application for reimbursement under
section 123 of CERCLA.
1. Section 310.05 Purpose. Scope and
Applicability
  As stated in § 310.35, the purpose of
this rule is to alleviate significant
financial burden imposed on a local
government as a result of conducting

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         Federal  Register / Vol. 52.  No. 203 /  Wednesday. October 21. 1987 /  Rules and Regulations   39391
temporary emergency measures to
prevent or mitigate injury to human
health or the environment, as authorized
under section 123 of CERCLA. This
purpose is consistent with the statutory
requirement that reimbursement not
supplant funds normally provided for
response. Today's rule only applies to
local governments (e.g.. a county, parish,
city, municipality, township. Federally-
recognized Indian tribe or other general
purpose unit of local government).
States are not eligible for this program.
  In keeping with the statutory limits on
this use of the Superfund set forth in
section 111 and section 123 of CERCLA,
§ 310.05(c) of today's rule limits the
maximum possible reimbursement
award to S25.000 per single response
and restricts the amount of money
available to the overall reimbursement
program to 0.1 percent of the total
amount appropriated from the
Superfund. Due to the limited amount of
money authorized for reimbursement.
some requests for reimbursement may
not ever be paid even though they meet
all the requirements of today's rule.
2. Section 310.10 Abbreviations and
section 310.11 Definitions
  Section 310.10 explains the acronyms
referenced in this rule. Section 310.11
defines key terms used in the rule. In an
effort to be consistent with the
requirements and objectives of the
overall Superfund program, most of the
definitions contained in § 310.11 of
today's interim final rule are taken from
CERCLA and the NCP either verbatim or
with minor wording changes. EPA
developed the definitions of "General
Purpose Unit of Local Government."
"Single Response" and "Date of
Completion" specifically for this rule.
3. Section 310.12 Penalties
  Section 310.12 imposes penalties for
any person who knowingly gives or
causes to be given any false statement
or claim as part of any application for
reimbursement under section 123 of
CERCLA. EPA has included these
penalties, under the authonty of the
False Statement Act. 18 U.S.C. 1001. and
False Claims Act. 31 U.S.C. 3729. to
prevent fraudulent or abusive use of the
Fund. Failure to abide by the
requirements found in these two laws
when filing a reimbursement application
may result in fines or imprisonment.
B. Subpart B—Reimbursement
  Subpart B of this interim final rule
establishes conditions that must be met
for reimbursement under CERCLA 123.
Three types of conditions are set forth:
eligibility of the applicant to receive
reimbursement, requirements for
reimbursement and allowable and
unallowable costs. These conditions are
included to ensure that (1) The intent of
Congress is carried out in reimbursing
local governments: (2) reimbursement is
consistent with, and complementary to.
the rest of the Superfund program: and
(3) expenditures from the Superfund are
warranted and appropriate.
1. Section 310.20 Eligibility for
Reimbursement
  Section 310.20 of the interim final rule
specifies who is eligible for
reimbursement. Thus section limits
eligibility for reimbursement to general
purpose units of local government
These may include cities, counties.
municipalities, panshes. townships.
Federally-recognized Indian tribes or
other official political subdivisions
designated by a particular State. This
restriction is consistent  with section
123(a) of CERCLA. which limits
applicability to "(a)ny general purpose
unit of local government for a political
subdivision which is affected by a
release or threatened release. . . ."
  Section 123 of CERCLA specifically
designates local governments as
recipients of reimbursement monies and
does not indicate that this provision
applies in any way to States. Therefore.
State governments are not eligible for
reimbursement under §  310.20(b). States
also are precluded from requesting
reimbursement on behalf of political
subdivisions within the  State. This
restnction is designed to avoid any
question of eligibility when
reimbursement requests are reviewed by
EPA.
2. Section 310.30 Requirements for
Requesting Reimbursement
  The purpose of § 310.30 is to ensure
consistency with the requirements.
policies and practices of the Superfund
program, to lend support to related
initiatives and to encourage the use of
established procedures  in conducting
responses. EPA has established
requirements to ensure an equitable
distribution of funds to the most
deserving applicants.
a. Effective Date for Response
  Section 310.30(a] restricts
reimbursement to responses initiated on
or after the effective date of this interim
final rule. Although section 123(b)(l) of
CERCLA authonzes reimbursement for
expenses incurred before or after the
enactment of SARA. EPA believes that
eligibility can be reduced to a shorter
period in accordance with the
procedures promulgated by EPA under
section 123(d). It is EPA's view that
prospective reimbursement will permit a
more equitable distribution of the funds.
since all potential applicants will be
considered in the same timeframe and
according to the same criteria. These
criteria are established in today's
interim final rule. In order to qualify for
reimbursement a local government must
meet the requirements of CERCLA. the
NCP. and the Community Right-to-Know
Act. and. in addition, contact the
Federal government within 24 hours
after response initiation to ensure that
these requirements are understood and
can be met. This notice requirement is
discussed in greater detail in subsection
2(b) of this preamble.
  The Agency decided not to allow
reimbursement for actions taken before
the effective date of this rule for several
reasons. Such reimbursement would
require the Agency either to waive the
criteria or apply them retroactively.
However, waiving the criteria for past
responses or attempting to apply them
retroactively could result in inconsistent
and potentially unfair implementation of
this program. A prospective approach
better ensures that Federal funds are
used to support safe and effective
responses, since the Federal government
will be able  to assess local capabilities
for dealing with the release  and to
provide technical  assistance if
necessary. Waiving these criteria for
past responses could result in
reimbursement for responses that do not
meet established Superfund standards.
or are inadequately documented or were
ineffective, thereby reducing the pool of
funds available for responses that are
fully compliant. Conversely, applying
these cntena retroactively could give a
significant advantage to larger
communities with more sophisticated
response and recordkeeping
capabilities, and. as a general rule.
greater financial resources. Thus, these
communities could receive
reimbursement at the expense of
communities with less developed
capabilities, but possibly greater
financial need.
  EPA is aware that limiting
reimbursement to responses occurring
after promulgation of this rule will
preclude reimbursement of some
otherwise valid and deserving requests.
However, the Agency believes that the
mission of the Superfund program, and
specifically the local government
reimbursement program, is best served if
all requests are subject to the same
requirements, thereby helping to ensure
that the limited reimbursement funds are
used for safe and effective response.
The Agency specifically requests
comment on this issue.

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39392   Federal Register / Vol.  52. No. 203 / Wednesday.  October 21. 1987 / Rules and  Regulations
b. Federal Contact Requirement
  Section 310.30(b) requires the local
government to contact EPA or the
National Response Center as a condition
of reimbursement. Contact for purposes
of reimbursement is to be made as soon
as possible, but not more than 24 hours
after response initiation, unless EPA or
the USCG has been informed of the
response through a release notification
to the National Response Center or
other established response
communication channels.
  Because EPA seeks to ensure safe and
appropriate responses and appropriate
use of the Fund, the Agency believes
that it is appropriate  for EPA or the
USCG to be aware of a response for
which a local government seeks
reimbursement. Timely contact is useful
in several respects. First, it can help
EPA or the USCG assess local response
capabilities relative to this response.
ascertain the effectiveness of local
actions and determine whether Federal
technical assistance or action is
appropriate or necessary. Second, it
allows EPA or the USCG to make sure
the local responder understands EPA
criteria and requirements, such as
compliance with the NCP. Finally, it
provides an opportunity to determine
whether a response might be a
candidate for reimbursement. This can
prevent a locality from prepanng an
application for a response that  is not
eligible for reimbursement (e.g.. an oil
spill).
  EPA had considered a 72-hour contact
requirement but reasoned that, if the
incident exceeded local response
capabilities, then the Federal
Government needed to be notified of
that in order to lend technical
assistance, and 72 hours after the fact
could be too late. Local representatives
at all five regional meetings supported
the longer timeframe and expressed
concern that a 24-hour requirement
might divert local officials from the
response action itself. EPA believes thai
the need for timely information and
prompt assistance, if required.
outweights the risk posed by the brief
diversion of effort to make the contact.
  Initially EPA considered two other
approaches. The first approach was
certification of the capabilities and
credentials of a potential respondent on
a one-time basis, in advance of any
response action. This approach was
rejected because it would be impractical
to attempt to certify all local
governments for reimbursement owing
to their sheer number (more than 50.000
as of 1982). Although certification could
be attempted on an as-requested basis.
the effort and cost could be wasted
because hazardous substance release
incidents are unpredictable and a
certified local agency may never be
called on to perform temporary
emergency measures. Moreover.
certification may not take into account
the specific technical requirements of an
individual incident
  Preauthonzation to carry out
temporary emergency measures specific
to a particular incident was the  second
approach considered. Preauthorizaf.on
would entail obtaining EPA's prior
approval before carrying out response
activities for which the local government
later requests reimbursement. Although
preauthonzation would enable EPA to
ensure appropriate use of the Fund, it
appears unpractical because of  the -
timeframe involved. Moreover, the
statutory language suggests that
Congress envisioned reimbursement for
response actions that cannot wait  for
advance approval ("measures vvfiich
require immediate response") and  cites
responses to fires and explosions as
examples. For these reasons. EPA
decided preauthonzation is not
appropriate for reimbursement under
this program.
  Several localities suggested limiting
reimbursement to responses reported to
EPA or the USCG through normal
response communication channels, m
lieu of a separate contact for
reimbursement. In general, localities
favonng this approach had well-
established and mandatory
communication procedures for
emergency situations. The approach
included in today's interim final rule
brings in localities that may not be part
of an established communication
network. For those localities already in
an active network, this requirement
would not create a new reporting
burden and could enhance the
effectiveness  of the existing response
communication channel.
c. Consistency Requirement
  Section 310.30(c) of this interim final
rule stipulates that response actions for
which reimbursement is sought  must be
consistent with CERCLA. the NCP. and.
if applicable,  the local emergency
response plan required under section
303(a) of the Emergency Planning and
Community Right-to-Know Act  of 1938
(or Title III of SARA). Clearly, responses
must comply with the provisions of
CERCLA even to be eligible for  this use
of the Fund. In addition, section
104(a)(l) of CERCLA calls for "response
measure(s) consistent with the National
Contingency Plan. . . ."
  The NCP provides for efficient.
coordinated and effective responses to
actual or threatened releases of
hazardous substances or pollutants or
contaminants. Local governments
should consult the NCP for specific
procedures to follow in conducting
temporary emergency measures to
satisfy this consistency requirement.
The NCP also specifies the division of  '
responsibility among the Federal. State
and local governments during response
actions and appropnate roles for private
entities (NCP §§ 300.21 through 300.25).
Because the NCP stipulates the basic
requirements for CERCLA-funded
responses, a response for which
reimbursement is requested must
conform to the Plan. Likewise, because
the Title III emergency response plan
spells out methods and procedures for
responders that are specific to that
community. EPA expects local agencies
lo comply with that plan.

d. Restriction on Supplanting Local
Funds

  Section 310.30(d)  specifies that
reimbursement monies may not supplan"
nonfederal funds normally provided for
emergency response programs. As
required by section 123(b)(2]  of
CERCLA. local governments may be
reimbursed for the costs of temporary
emergency measures only if
reimbursement would supplement, not
supplant, nonfederal (State and local)
funds that would otherwise be made
available. Compliance with this
requirement entails certification and
demonstration that  reimbursement does
not supplant local funds normally
provided for response. (This certification
is stipulated in § 310.50(c)(3)  of today's
rule). In addition. EPA may request
reimbursement applicants to submit
line-item budgets for the fiscal year in
which the incident for which
reimbursement is requested occurred as
well as response cost information. Since
only limited funds are available for this
program. EPA expects that the
possibility of being  reimbursed will not
provide adequate incentive for local
governments to intentionally decrease
nonfederal funding  for response
programs.

e. Attempt to Recover Costs

  Section 310.30(e)  of this rule requires
applicants to seek other funding sources
before requesting reimbursement from
the Fund. Local governments must make
a good faith effort to recover costs from
potentially responsible parties  (P3Ps).
Because of the time that cost recovery
efforts can entail. EPA will waive the
six-month application deadline for
requesting reimbursement in thuse cases
where cost recovery is pursued. Thus.
local governments should take the nine

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          Federal Register / Vol. 52. No. 203  / Wednesday, October 21. 1987 / Rules and Regulations   39393
 they need to complete cost recovery
 action before applying for
 reimbursement for unrecovered costs.
   EPA recognizes that PRP searches can
 become extensive and costly and.
 therefore, the Agency will be satisfied
 with evidence of a reasonable attempt
 at recovering costs. Such evidence might
 include, for example, copies of return-
 receipt letters requesting payment, with
 certification that payment has not been
 received, or copies of letters from PRPs
 stating refusal to pay or sworn
 statements from local officials that no
 PRP has been or can be identified.
  The evidence of attempt to recover
 costs must indicate that, where a PRP
 could be identified, the PRP was given at
 least 60 days to satisfy the demand for
 cost recovery. Copies of return-receipt
 letters or swom statements may suffice
 for this purpose. Where no PRP can be
 identified, the locality must certify that
 none can be found. (This certification is
 stipulated in § 310.50 of today's rule.)
  This section also requires that local
 authorities pursue all other sources of
 funds, such as insurance or State
 reimbursement monies, before seeking
 reimbursement from the Superfund
 under section 123 of CERCLA. This
 provision has been included to ensure
 that the limited funds available to this
 program are used only when no other
 source can be found and to prevent
 multiple reimbursements for one
 response.
  In developing today's rule. EPA
 considered the option of having no cost
 recovery requirement. This alternative
 was rejected for several reasons. First.
 one of EPA's primary goals in
 implementing the Superfund program is
 to compel those responsible for a
 release to conduct or finance cleanup of
 that release or to recover costs from the
 responsible party if EPA has conducted
 a response action using Fund monies.
The reimbursement program must be
consistent with this overall program
goal. Second, local officials who
participated in the regional meetings
expressed concern that lack of such a
requirement would give PRPs a loophole
for escaping their responsibility to pay
and take away the leverage that
localities need to recover costs
wherever possible. Finally, failure to
include such a requirement could add
unnecessarily to the drain on the Fund.
taking away money needed for
responses where no PRP truly could be
found or made to pay.
f. Emergency Planning
  Section 310.30(f) of this rule requires
that, after October 17.1968. the
applicant's jurisdiction be included in
the comprehensive emergency response
 plan completed by the local emergency
 planning committee, as stipulated by
 section 303(a) of the Emergency
 Planning and Community Right-to-Know
 Act of 1986 (or Title III of SARA).
 Because establishment of a local
 emergency planning committee is the
 responsibility of the State government.
 EPA will waive this requirement for
 localities where the State emergency
 response commission has not yet
 established a committee responsible for
 the geographic area in which the
 applicant is located.
  EPA believes this requirement is
 appropriate for the reimbursement
 program because this emergency
 planning provisions required under title
 III are designed to encourage the
 development of coordinated local
 response capabilities and they address
 the emergency response actions for
 which local governments may decide to
 seek reimbursement. Furthermore, the
 Agency wishes to encourage local
 governments to participate in local
 emergency planning committees and in
 the development of emergency plans
 consistent with the intent of Title III and
 believes that linking this requirement to
 reimbursement will offer added
 incentive to local communities to do so.
  EPA received comments from officials
 at the five regional meetings as to their
 views on including a link between
 reimbursement and Title III. The
 majority favored including participation
 in local emergency planning as a
 condition of reimbursement because
 they believe it will  encourage local
 planning. Community officials did
 express reservations about their
 dependency on the State government to
 establish local emergency planning
 committees and the waiver provision
 included in §  310.30(f] is designed to
 address that concern.
3. Section 310.40 Allowable and
 Unallowable Costs
  To be allowable for reimbursement.
all costs for temporary emergency
measures for which reimbursement is
being sought must be consistent with
section 111 of CERCLA ("Uses of Fund")
and with  the Federal cost principles
outlined in the Office of Management
and Budget (OMB) Circular A-87. "Cost
Principles for State and Local
Governments." These standard
requirements apply to all Superfund
programs involving State and/oi  local
governments where monies from the
Trust Fund are spent.
  CERCLA section lll(c)(ll) explicitly
authorizes reimbursement to local
governments for temporary emergency
measures as an allowable use of the
Superfund. OMB Circular A-87
establishes principles and standards for
determining costs that are applicable to
grants, contracts and other agreements
with State and local governments. EPA
has determined that the principles and
standards set forth in Circular A-87
apply to reimbursement under section
123 of CERCLA. and in addition has
identified a set of allowable and
unallowable costs that are specific to
the reimbursement program. Section
310.40 of today's rule outlines this set of
allowable and unallowable costs.
  EPA's objective in identifying
allowable and unallowable costs
specific to the reimbursement program is
to provide guidance to potential
applicants on the types of costs EPA
will consider for reimbursement and  to
ensure that reimbursement does not
supplant local funds normally provided
for response. EPA used section 111 of
CERCLA and OMB Circular A-87 as  a
basis for deciding what costs are
reimbursable.
  In making its cost determinations.
EPA also considered the types of
temporary emergency measures
typically undertaken during a response.
with special consideration given to the
limited funds available for the
reimbursement program relative to the
number of potential applicants. A
particular issue the Agency addressed
was replacement of equipment, because
the  potential for abuse is significant and
because reimbursement monies are
limited. EPA determined, however, that
there are potential response situations
where such costs should be considered
for reimbursement. For example, the  loss
of breathing apparatus and hoses due to
irreversible contamination and
contamination of other essential
response equipment represents a
considerable loss to local governments.
EPA has decided to allow replacement
costs for equipment contaminated
beyond  reuse or repair, if the applicant
can demonstrate that the equipment was
a total loss and  that the loss occurred
during the response for which
reimbursement is being sought. It should
be noted that since the maximum
reimbursement amount is limited to
S25.000.  it is likely that large-scale
equipment replacement will not be
reimbursed in full. (Purchase and routine
maintenance of equipment for response.
however, are not allowable costs. EPA
views these as costs for which local
funds are normally provided.)
  Costs associated with the sen. ices.
supplies and equipment procured for  a
specific  evacuation also have been
included as allowable costs. EPA
considers evacuation to be a temporary
emergency measure and evacuation

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  393S4  Federal Register /  Vol.  52.  No. 203 / Wednesday. October 21.  1987 / Rules and Regulations
 costs incurred that exceed services and
 costs normally provided by the local
 government may be eligible for
 reimbursement.
   EPA has determined that disposable
 matenals and supplies already owned
 by a local government but consumed
 during response, constitute items
 normally provided for response by the
 local governments and therefore are not
 allowable costs for purposes of the
 reimbursement program. EPA has
 decided not to include medical expenses
 as an allowable cost because
 reimbursement for such costs normally
 should be covered by insurance or
 Workmen's Compensation.
   In addition. EPA has determined that
 certain other costs are unallowable  for
 purposes of the reimbursement program.
 These include employee fringe benefits.
 administrative costs for filing
 reimbursement applications, employee
 out-of-pocket expenses normally
 provided for in the applicant's operating
 budget and legal expenses that may be
 incurred as a result of response
 activities. EPA has determined that
 fringe benefits, certain employee out-of-
 pocket expenses, and legal expenses are
 costs normally provided for in a local
 government's operating budget. In
 addition. EPA considers administrative
 costs associated with filing a request for
 reimbursement not allowable, since  it is
 the responsibility of the local
 government to determine whether or not
 to pursue reimbursement under this
 program.

 C. Subpart C—Procedures for Filing and
 Processing Reimbursement Requests
  Subpart C establishes the procedures
 for preparing the processing
 reimbursement applications. The
 purpose of defining these procedures is
 to give applicants a clear understanding
 of what information EPA needs in
 considering an application, to provide a
 consistent basis on which to evaluate
 reimbursement requests and to improve
 processing efficiency by making all
 forms and procedures standard.
 1. Section 310.50  Filing Procedures
  Section 310.50(a) of today's rule limits
 local governments to filing only one
 request for reimbursement for a given
 response to a release even though
 multiple agencies (and possibly
jurisdictions) may have participated.
This requirement is needed to ensure
 that  the statutory maximum of S2S.OOO
 per single response is not exceeded and
 that  payments are not duplicated. EPA
expects that local officials will work
 together to determine total response
costs, the relative share borne by each
local agency and the appropriate agency
 or official who will assume
 responsibility for preparing the
 application.
   Under § 310.50(b] of this rule.
 applicants must use the standard
 application form illustrated in Appendix
 II of the rule for filing the:r requests for
 reimbursement. EPA has decided to use
 a standard form because it reduces
 confusion about what information is to
 be supplied, helps ensure that all
 applicants are evaluated on the basis of
 comparable information and enables
 reviewers to check applications for
 completeness and consistency quickly.
 The form requests five basic pieces of
 information: (l) Identification of the
 local government requesting
 reimbursement: (2) information about
 the incident (3) information about the
 response, including the specific
 temporary emergency measures for
 which reimbursement is being sought*
 (4) cost data: and (5) certifications and
 signature of an authorized
 representative of the local government
 Detailed instructions for completing the
 form and examples will be included in
 the application package provided by
 EPA to potential requesters.
  Section 310.50(b)(l) further requires
 that the applicant demonstrate that
 costs were incurred for temporary
 emergency measures necessary to
 protect human health and the
 environment. As discussed previously.
 the Agency has not attempted to
 explicitly define "temporary emergency
 measures." owing to the unpredictability
 and variability of hazardous substance
 releases, but actions that may qualify
 include security, source control, release
 containment, control of contaminated
 runoff and similar steps to protect
 people and the environment from
 imminent threats. The application form.
 includes a section for explaining exactly
 what temporary emergency measures
 were taken and why they were
 necessary. For example, an acceptable
 demonstration might be: "Erected berms
 to prevent migration of pesticides
 leaking from ruptured drums into Fast
 River, the drinking water source for the
 City of Middletown." By contrast, an
 assertion along the lines of "source
 control needed to protect human health"
would not constitute an acceptable
demonstration.
  Cost must be indentined with specific
actions,  as indicated in Table 1 of the
application form. The applicant should
briefly state the specific temporary
emergency measure for which
reimbursement is being sought and
indicate which local agency (e.g., fire
department, sheriffs office) incurred the
cost for performing this measure.  Each
cost element for performing this
 measure should be specified in detail
 (e.g.. overtime, decontamination
 services, equipment rental) and matched
 to the specific amount expended.
 Estimated amounts will not be
 considered for reimbursement.
   Section 310.50(b)(2) requires the
 applicant to demonstrate that a
 reasonable effort has been made to
 obtain reimbursement from sources
 other than the Superfund. This filing
 requirement is intended to  document the
 effort to recover costs, as stipulated in
 § 310.30(e) of today's rule. Acceptable
 demonstrations that cost recovery has
 been attempted include copies of letters
 from potentially responsible parties
 (PRPs) stating their inability or refusal to
 pay or copies of dated letters (with
 return-receipt requested) from the local
 government to the PRP requesting
 payment with a statement  certifying
 that the PRP has failed to respond to
 such letters within at least  60 days.
 Sworn statements attesting to the fact
 that no PRP could be found or that
 insurance monies or Slate funds are not
 available to cover the costs for these
 temporary emergency measures also
 will suffice.
   Section 310.50(c) requires the
 applicant to certify that costs were
 incurred specifically for this response
 and are accurate, that the contact
 requirement in §31Q.30(b] was met that
 this reimbursement does not supplant
 local funds normally required for
 response and that no PRP be identified.
 The applicant also must certify that if
 the local government later recovers
 costs from responsible parties. States or
 insurance after those costs  have been
 reimbursed from the Superfund, that
 local government is required to return
 the reimbursement monies to the Fund
 in the amount of the recovery. This
 requirement is consistent with the intent
 of CERCLA that the Superfund be used
 only when no other source of funds is
 available and eliminates the possibility
 of duplicate payment for the same costs.
 All four certification requirements are
 necessary to ensure that the Superfund
 is used appropriately and that the
 provisions of Section 123(b)(2) of
 CERCLA are met.
  Section 310.50(d) stipulates that the
 local government's request  for
 reimbursement must be received by EPA
 within six months of the date of
 completion of the response  unless cost
recovery efforts are underway. For
purposes of this rule, "date  of
completion" is defined as the date when
all field work has been completed and
all project deliverables have been
received by the local government. EPA
is imposing this requirement for several

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          Federal Register / Vol.  52. No. 203 / Wednesday.  October 21. 1987 / Rules  and Regulations
                                                                      39395
 reasons. First, the Agency may have
 questions about the application or need
 more information and it should be easier
 to answer them sooner, rather than
 later. Second. EPA believes that the time
 requirement will help smooth the
 number of applications to be processed
 in any one year and prevent a sudden
 increase in the  rate of application as the
 funding expiration date approaches.
   Section 310.50(e) stipulates that the
 application  be signed by the chief
 executive officer of the local government
 or his or her delegate. This requirement
 protects the local government from
 unauthorized or improper attempts to
 obtain reimbursement that might later
 preclude a legitimate request It also
 provides EPA with assurance that the
 request is legitimate, and thus an
 appropriate use of the Super-fund, and
 can be considered for reimbursement.
 2. Section 310.60  Verification and
 Reimbursement
  Section 310.60 specifies the
 venfication  and reimbursement
 procedures EPA will follow in
 evaluating and  processing requests for
 reimbursement. The verification
 procedures are  intended to ensure that
 all requests  are complete and
 adequately documented. Thus.
 § 310.60(a) allows EPA to return an
 incomplete request to the applicant with
 written notice of the deficiencies and
 § 310.60(b) gives the applicant 60 days in
 which to respond. Under § 310.60(c).
 EPA will notify the applicant when the
 Agency has  determined that the request
 meets all requirements for
 reimbursement  and complies with all
 filing procedures. At that point the
 request is considered complete and can
 be reviewed by the evaluation panel.
 Under § 310.60(d), if documentation is
 not adequate to demonstrate the
 reasonableness of the costs  claimed.
 EPA can make adjustments accordingly,
 including asking for additional
 information.
  Reimbursement procedures are
 specified in §310.60(e). (f) and (g). Upon
 reviewing a completed request. EPA will
 compute the financial burden borne by
 the community in conducting the
 response and rank the request relative
 to the financial  burden associated with
 other requests. Financial burden will be
computed as B=C/(Y x P). where
B=financial burden on applicant:
C=eligible costs of response minus
reimbursement from responsible parties.
States or other sources: Y = per capita
annual income for the locality: and
P=population of the locality. Depending
upon the ranking of the request and the
funds available  for reimbursement. EPA
will either reimburse the request, deny
 it, or hold it for consideration during a
 later period. Section 310.60(f) limits EPA
 to reimbursing local governments (1]
 only for costs that are allowable.
 reasonable and necessary and (2) only
 to the extent that the temporary
 emergency measures conformed to the
 hazardous substance response criteria
 set forth in CERCLA. the NCP and the
 local emergency response plan. EPA will
 notify the applicant of the Agency's
 decision in writing.
 3. Section 310.70  Records Retention
  This section stipulates that an
 applicant receiving a reimbursement
 must maintain cost documentation and
 other relevant records, and must provide
 EPA access to these materials, for six
 years from the date of reimbursement
 This requirement ensures the
 availability of pertinent information if
 EPA pursues cost recovery for this
 response. Once the six years has
 expired, the applicant must notify EPA
 of any intention to destroy these
 records. If EPA chooses not to take
 possession of them, the local authority
 may dispose of the materials. The
 requirements of this section do not
 apply to requests that have been denied
 and are not being disputed under
 §310.90.

 4. Section 310.80 Payment of Approved
 Reimbursement Requests
  This section stipulates that
 reimbursement payments can be made
 only when an appropriation in the
 Superfund is available and that
 payments will be in the order in which
 approved requests are ranked, according
 to financial burden on the applicant.
 This provision is consistent with section
 lll(e)(l) of CERCLA. which restricts
 payment of claims against the Superfund
 "in excess of the total money in the
 Fund..  . ."

5. Section 310.90 Disputes Resolution
  This section specifies EPA's
 procedures for reviews of denial of
 reimbursement and reviews of amount
 of reimbursement, either of which the
 requester may choose to dispute. The
 applicant has 60 days from the date of
 the reimbursement decision to request a
review,  otherwise that decision
constitutes a final Agency action. The
 request  for review includes a discussion
of the issue involved and a statement of
 the applicant's objection. After filing for
review,  the applicant  is entitled  to an
informal conference with the EPA
disputes decision official. The requester
may be  represented by counsel and
submit evidence for inclusion in a
written record. The Agency will provide
the requester with a written decision
 specifying the outcome of the review.
 This decision constitutes final EPA
 action on the matter.

 VII. Regulatory Analyses

 A. Executive Order No. 12291

  Under Executive Order No. 12291. the
 Agency must judge whether a regulation
 is "major" and thus subject to the
 requirement of a Regulatory Impact
 Analysis. The notice published today is
 not major because the rule will not
 result in an effect on the economy of
 $100 million or more, will not result in
 increased costs or prices, will not have
 significant adverse effects on
 competition,  employment, investment.
 productivity and innovation and will not
 significantly  disrupt domestic or export
 markets. Therefore, the Agency has not
 prepared a Regulatory Impact Analysis
 under the Executive Order. This
 regulation was submitted to the Office
 of Management and Budget (OMB) for
 review as required by Executive Order
 No. 12291.

 B. Regulatory Flexibility Act

  The Regulatory Flexibility Act of 1980
 requires that a Regulatory Flexibility
 Analysis be performed for all rules that
 are likely to have "significant impact on
 a substantial number of small entities."
 This regulation involves reimbursement
 of the costs of local governments  for
 responding to a hazardous substance
 release. This is a benefit authonzed by
 CERCLA. and does not adversely affect
 the pnvate sector economy or small
 entities, which may include local
 governments, and in fact provides a
 benefit to local governments in the form
 of reimbursement to offset financial
 hardship incurred from responses to
 hazardous substances and pollutants or
 contaminants. EPA. therefore, certifies
 that this regulation will not have a
 significant impact on a substantial
 number of small entities.

 C. Paperwork Reduction Act

  The reporting or recordkeeping
 requirements in this interim final rule
have been submitted for approval to the
Office of Management and Budget under
 the Paperwork Reduction Act of I960,44
U.S.C. 3501 et seq. Submit comments on
these requirements to the Office of
Information and Regulatory Affairs:
Office of Management and Budget: 726
Jackson Place. NW.. Washington. DC
20503. marked "Attention: Desk Officer
for EPA." The final rule will respond to
any OMB or public comments on the
information collection requirements.

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  39396   Federal Register  /  Vol. 52.  No. 203  /  Wednesday. October 21.  1987 / Rules and Regulations
  VIII. List of Subjects in 40 CFR Part 310
    Administrative practice and
  procedure. Hazardous substances.
  Incorporation by reference.
  Intergovernmental relations. Local
  governments. Reporting and
  recortikeeping requirements, Superfund.
  Lee M. Thomas.
  Administrator.
  October 16.1987.

   Title 40 of the Code of Federal
  Regulations is amended by adding the
  following new Part 310:

  PART 310—REIMBURSEMENT TO
  LOCAL GOVERNMENTS FOR
  EMERGENCY RESPONSE TO
  HAZARDOUS SUBSTANCE RELEASES
 Subpart A—General
 Sec.
 310.05  Purpose, scope and applicability.
 310.10  Abbreviations.
 310.11  Definitions.
 310.12  Penalties.
 Subpart B—Reimbursement
 310.20  Eligibility for reimbursement.
 310.30  Requirements for requesting
    reimbursement
 310.40  Allowable and unallowable costs.
 Subpart C—Procedures for Filing and
 Processing Reimbursement Requests
 310.50 Filing procedures.
 310 60 Verification and reimbursement.
 310.70 Records retention.
 310.80 Payment of approved reimbursement
    requests.
 310.90 Disputes resolution.
 Appendix I—EPA Regions and NRC
    Telephone Lines.
 Appendix II—Application for Reimbursement
    to Local Governments for Emergency
    Response to Hazardous Substance
    Releases Under CERCLA Section 123
  Authority: 42 U.S.C 9611(c)(ll). 9623.

 Subpart A—General

 5 310.05  Purpose, scope and applicability.
  [a] Through this regulation, the
 Environmental Protection Agency is
 establishing the procedures for
 reimbursing local governments for
 temporary emergency measures to-
 prevent or mitigate injury to human
 health or the environment, as authorized
 under section 123 of the Comprehensive
 Environmental Response.
 Compensation, and Liability Act of 1980
 (CERCLA), as amended by the
 Superfund Amendments and
 Reauthorizanon Act of 1986 (SARA).
This program is intended to alleviate
 significant financial burden on local
governments for response to releases or
 threatened releases of hazardous
substances or pollutants or
contaminants and will not supplant
local funds normally provided for
 response. Reimbursement does not
 apply to expenditures incurred in the
 course of providing what are
 traditionally local services and
 responsibilities, such as routine
 firefighting-.
   (b) Applications for reimbursement for
 temporary emergency measures may be
 submitted only through the procedures
 established in this regulation. Any
 general purpose unit of local government
 for a political subdivision may request
 reimbursement. States are not eligible
 for this program. Under this regulation.
 local governments may apply for
 reimbursement for temporary emergency
 measures performed subsequent to
 promulgation of this rule.
 Reimbursement may be made for
 temporary emergency measures
 conducted during, either Federal-lead or
 non-Federal-lead responses.
   (c) Reimbursement to local
 governments for temporary emergency
 measures may cot exceed 525,000 per
 single response, nor may reimbursement
 supplant local funds normally provided.
 for response. Because CERCLA specifies
 that no more than. 0.1% of the amount
 appropriated from the Hazardous
 Substance Superfund may be allocated
 to the reimbursement program for the
 five fiscal years beginning October 1.
 1988, some requests may not ever be
 reimbursed even though they meet al!
 requirements of this regulation.

 § 310.10  Abbreviations.
  CERCLA—The Comprehensive
 Environmental Response.
 Compensation, and Liability Act of 1980
 (Pub. L. 96-510). 42 U.S.C. 9601-75. as
 amended by the Superfund Amendments
 end Reauthorization Act of 1986, also
 known as Superfund
  EPA or the Agency—Environmental
 Protection Agency
  NC?—National Contingency Plan
  OMB—Office of Management and
 Budget
  SARA—The Superfund Amendments
 and Reauthorization Act of 1986 [Pub. L.
 99-499]
  USCG—LT.S. Coast Guard

 § 310.11   Definitions.
  For purposes of this rule except when
 otherwise specified:
  (a) "Date of completion" means the
 date when all field work has been
 completed and all deliverables (e.g., lab
results, technical expert reports) have
 been received by the local government.
  (b) "Energency Planning and
Community Right-To-Know Act of 1986"
means Title III—Emergency Planning
and Community Right-To-Know of the
Superfund Amendments and
Reauthorization Act of 1986.
   (c) "General purpose unit of local
 government" means the governing body
 of a county, parish, municipality, city.
 town, township. Federally-recognized
 Indian tribe or similar governing body.
   (d) "Hazardous substance." as defined
 by section 101(14) of CERCLA. means:
   (l) Any substance designated
 pursuant to section 311(b)(2)(A) of the
 Federal Water Pollution Control Act.
   (2) Any element, compound, mixture.
 solution, or substance designated
 pursuant to section 102 of CERCLA.
   (3) Any hazardous waste having the
 characteristics identified under or listed
 pursuant to section 3001 of the Solid
 Waste Disposal Act (but not including
 any waste the regulation of which under
 the Solid Waste Disposal Act has b'een
 suspended by Act of Congress).
   (4) Any toxic pollutant listed under
 section 307(a) of the Federal Water
 Pollution Control Act
   (5) Any hazardous air pollutant listed
 under section 112 of the Clean Air Act
 and
   (6) Any imminently hazardous
 chemical substance or mixture with
 respect to which the Administrator has
 taken action pursuant to section 7 of the
 Toxic Substances Control Act
 The term does not include petroleum.
 including crude oil or any fraction
 thereof that is not otherwise-specifically
 listed or designated as a hazardous
 substance under paragraphs (d)(l)
 through (d)(6) of this paragraph, and the
 term does not include natural gas,
 natural gas liquids, liquefied natural gas.
 or synthetic gas usable for fuel (or
 mixtures or natural gas and such
 synthetic gas).
  (e) "Local comprehensive emergency
 response plan" means the emergency
 plan prepared by the local emergency
 planning committee as required by
 section 303 of the Emergency Planning
 and Community Right-To-Know Act of
 1386 (SARA Title III).
  (f) "National Contingency Plan"
 means the National.OU and Hazardous
 Substances Pollution Contingency Plan
 (40 CFR Part 300).
  (g) "National Response Center" means
 the national communications center
 located in Washington. DC that
 receives and relays notice of oil
 discharge or releases of hazardous
 substances to appropnate Federal
 officials.
  (h) "Pollutant or contaminant" as
 defined by section 104(a)(2) of CERCLA.
 includes, but is not limited to. any
 element, substance, compound, or
mixture, including disease-causing
agents, which  after release into the
environment and upon exposure.
ingestion. inhalation, or assimilation

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          Federal Register /  Vol.  52,  No. 203 / Wednesday. October 21. 1987 / Rules and Regulations    39397
 into any organism, either directly from
 the environment or indirectly by
 ingestion through food chains, will or
 may reasonably be anticipated to cause
 death, disease, behavioral
 abnormalities, cancer, genetic mutation.
 physiological malfunctions (including
 malfunctions in reproduction) or
 physical deformations, in such
 organisms or their offspring. The term
 does not include petroleum, including
 crude oil and any fraction thereof that is
 not otherwise specifically listed or
 designated as a hazardous substance
 under section 101[14)(A) through (F) of
 CERCLA, nor does it include natural
 gas. liquefied natural gas. or synthetic
 gas of pipeline quality (or mixtures of
 natural gas and such synthetic gas).
   (i) "Release." as defined by section
 101(22)  of CERCLA, means any spilling.
 leaking, pumping, pounng, emitting,
 emptying, discharging, injection.
 escaping, leaching, dumping, or
 disposing into the environment, but
 excludes: any release that results in
 exposure to persons solely within a
 workplace, with respect to a claim that
 such persons may assert against the
 employer of such persons; emissions
 from the engine exhaust of a motor
 vehicle, rolling stock, aircraft, vessel, or
 pipeline pumping station engine: release
 of source, by-product or special nuclear
 material from a nuclear incident, as
 those terms are defined in the Atomic
 Energy Act of 1954. if such release is
 subject  to requirements with respect to
 financial protection established by the
 Nuclear Regulatory Commission-under
 section  170 of such act. or. for-the
 purpose of section 104 of CERCLA or
 any other response action, any release
 of source, by-product, or special nuclear
 material from any processing site
 designated under section 122(a)(l) or
 302(a) of the Uranium Mill Tailings
 Radiation Control Act of 1978: and the
 normal application of fertilizer. For the
 purpose of this regulation, release also
 means substantial threat of release.
  (j) "Single response" means all of the
 concerted activities conducted in
 response to a single episode, incident or
 threat causing or contributing to a
 release or threatened release of
 hazardous substances or pollutants or
 contaminants.

§310.12  Penalties.
  Any person who knowingly gives or
causes to be given any false statement
or claim as part of any application for
reimbursement under section 123 of
CERCLA. upon conviction, may be fined
or imprisoned subject to the False
Statement Act (18 U.S.C. 1001) and the
False Claims Act (31 U.S.C. 3729).
 Subpart B—Reimbursement
 § 310.20 Eligibility for reimbursement
   (a) Any general purpose unit of local
 government may request reimbursement
 for temporary emergency measures if all
 requirements under § 310.30 of this rule
 are met.
   (b) States are not eligible for
 reimbursement for temporary emergency
 measures  and no State may request
 reimbursement on its own behalf or on
 the behalf of political subdivisions
 within the State.

 § 310.30 Requirements for requesting
 reimbursement
   (a) Response must have been initiated
 on or after the effective date of this rule.
   (b) The  local government must inform
 EPA or the National Response Center
 (NRC)  of the response as soon as
 possible, but not later than 24 hours
 after the start of response, unless EPA
 or the USCC has been contacted via the
 NRC or other established response
 communication channel. EPA Regional
 offices and NRC telephone numbers are
 designated in Appendix I to this rule.
   (c) Requests for reimbursement must
 demonstrate that response actions are
 not inconsistent with  CERCLA. the NCP
 and. where applicable, the local
 comprehensive emergency response  .
 plan completed under the Emergency
 Planning and Community Right-to-Know
 Act of 1986.
  (d) Requests for reimbursement must
 provide assurance that reimbursement
 for costs incurred for  temporary
 emergency measures does not  supplant
 local funds normally provided  for
 response.
  (e) Applicants for reimbursement must
 first present  requests  for payment of
 incurred costs to all known potentially
 responsible parties and permit at least
 60 days for payment or for expression of
 intent to pay or willingness to negotiate
 prior to submitting a reimbursement
 request to  the Agency. Local
governments also must pursue all other
sources of reimbursement (e.g.,
 insurance, reimbursement from the
State) before seeking reimbursement
 from EPA under this rule.
  (f) After October 17,1988. the
applicant's jurisdiction must be
included in the comprehensive
emergency response plan completed by
the local emergency planning committee
as required by section 303(a) of the
Emergency Planning and Community
Right-to-Know Act of 1986. This
requirement  does not  apply if the State
Emergency Response Commission
(SERC) has not established a local
emergency planning committee(s)
responsible for the emergency planning
district(s) encompassing the applicant's
geographic boundaries.

§ 310.40  Allowable and unallowable costs.

  To be allowable, costs for which
reimbursement is sought must be
consistent with CERCLA and with
Federal cost principles outlined in the
OMB Circular A-87, "Cost Principles for
State and Local Governments." The
local government may also seek
assistance from the EPA Regional Office
in determining which costs may be
allowable. Final determination of the
reasonableness of the costs for which
reimbursement is sought will be made
by EPA.
  (a) In general, allowable costs are
those project costs that are eligible.
reasonable, necessary and allocable to
the project. Costs allowable for
reimbursement may include, but are not
limited to:
  (1) Disposable matenals and supplies
acquired, consumed and expended
specifically for the purpose of the
response for which reimbursement is
being requested (hereafter referred to as
"the response")
  (2) Compensation of employees for the
time and efforts devoted specifically to
the response that are not othewise
provided for in the applicant's operating
budget (e.g., overtime pay for permanent
full-time and other than full-time
employees)
  (3) Rental or leasing of equipment
used specifically for the response (e g..
protective equipment or clothing.
scientific and technical equipment]
(Note: reimbursement for these costs
will not exceed the duration of the
response)
  (4) Replacement costs for equipment
owned by the applicant that is
contaminated beyond reuse or repair, if
the  applicant can demonstrate that the
equipment was a total loss and that the
loss occurred during the response (e.g..
self-contained breathing apparatus
irretrievably contaminated during the
response)
  (5) Decontamination of equipment
contaminated during the reponse
  (6) Special technical services
specifically required for the response
(e g., costs associated with the time and
efforts  of technical experts/specialists
not  otherwise provided for by the local
government)
  (7) Other special services specifically
required for the response (e.g.. utilities)
  (8) Laboratory costs for purposes of
analyzing samples taken dunng the
response

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39398   Federal Register /  Vol. 52.  No. 203  /  Wednesday. October 21.  1987 / Rules  and Regulations
  (9) Costs associated with the services.
supplies and equipment procured for a
specific evacuation.
  (b) In general, costs unallowable for
reimbursement include, but are not
limited to:
  (1) Purchase or routine maintenance
of equipment of a durable nature that is
expected to have a period of service of
one year or more after being put into use
without material impairment of its
physical condition, except as provided
in (a)(4) and (a){5) of this section
  (2) Materials and supplies not
purchased specifically for the response
  (3) Employee fringe benefits
  (4) Administrative costs for filing
reimbursement applications
  (5) Employee out-of-pocket expenses
normally provided for in the applicant's
operating budget (e.g.. meals, fuel)
  (6) Legal expenses that may be
incurred as a result of response
activities, including efforts to recover
costs from potentially responsible
parties
  (7) Medical expenses incurred as a
result of response activities.
  (c) The local government  must ensure
that costs incurred are substantiated
and that cost documentation is adequate
for an Agency audit. Documentation of
response costs must include at a
minimum:
  (1) Specification of the temporary
emergency measures for which
reimbursement is requested
  (2) Specification of the local agency
incurring the cost
  (3) Detailed breakdown of actual
costs, by cost element such  as overtime.
equipment rental
  (4) Supporting documents such as
invoices, sales receipts, rental or leasing
agreements
  (5) Generally accepted accounting
practices consistently applied.

Subpart C—Procedures for Filing and
Processing Reimbursement Requests

§ 310.50 Filing procedures.
  (a] Only one request for
reimbursement will be accepted for each
hazardous substance emergency
requiring immediate response at the
local level. When more than one local
agency has participated in such a
response, tnose agencies must determine
which single agency will submit the
request on  behalf of them all.
  (b) A request for reimbursement must
be submitted on EPA form 9310-1,
illustrated in Appendix II. and must
demonstrate that:
  (1) Costs for which reimbursement is
sought were incurred for temporary
emergency measures taken  by the local
government to protect human health and
the environment from releases or
threatened releases of hazardous
substances, pollutants or contaminants:
temporary emergency measures may
include security, source control, release
containment, neutralization or other
treatment methods, contaminated runoff
control and similar activities mitigating
immediate threats to human health and
the environment
  (2) Reasonable effort has been made
to recover costs from the responsible
party and from any other available
source and that such effort has been
unsuccessful
  (3) Response actions were not
inconsistent with CERCLA. the NCP
and. if applicable, the local emergency
response plan required under Title III of
SARA
  (c) Applicants must certify that:
  (1) All costs are accurate and were
incurred specifically for the response for
which reimbursement is being requested
  (2) The local government complied
with the requirement to inform EPA or
the USCG of the response, as specified
in § 310.30(b)
  (3) Reimbursement for costs incurred
for response activities does not supplant
local hinds normally provided for
response.
  (4) If costs subsequently are recovered
from responsible parties or other
sources after the local government has
received reimbursement from the
Superfund, the local government agrees
to return to EPA the reimbursement
monies for which costs have been
recovered.
  (d) Reimbursement requests must be
received by EPA within six months of
the date of completion of the response
for which reimbursement is being
requested unless a cost recovery action
is pending, in which case EPA will
waive the deadline.
  (e) A request for reimbursement must
be signed by the chief executive officer
of the local government or his or her
delegate.

§ 310.60 Verification and reimbursement
  (a) Upon receipt of a reimbursement
request. EPA will verify that it complies
with all requirements. Where the
request is incomplete or has significant
defects. EPA will return the request to
the applicant with written notification of
its deficiencies.
  (b) A request returned to the applicant
for correction of deficiencies must be
resubmitted to EPA within 60 days.
  (c) For purposes of this regulation, a
reimbursement request is deemed
complete when EPA determines that the
request complies fully with all -
requirements for reimbursement and
with all filing procedures. When the
request is complete, a notice will" be
provided to the applicant of EPA's
receipt and acceptance for evaluation
  (d) If EPA de-ermines that it car.no:
complete its evaluation of a request
because the records, documents ar.d,
other evidence were not maintained :~
accordance with generally accepted
accounting principles and practices
consistently applied, or were for any
reason inadequate to demonstrate the
reasonableness of the costs claimed.
EPA may reject the request or make
adjustments, if possible. Further
consideration of such amounts will
depend on the adequacy of subsequent
documentation. Any additional
information requested by EPA ir.us: be
submitted  within 60 days unless
specifically extended by EPA. The
failure of the applicant to provide m a
timely manner the requested
information without reasonable cause
may be cause for denial of the
reimbursement request.
  (e) When the reimbursement  recupst
is completed.  EPA will rank the request
on the basis of financial burden.
Financial burden will be based on the
ratio of eligible response costs to the
applicant locality's per capita income
adjusted for population. Per capita
income and population statistics used to
calculate financial burden shall be those
published  by the U.S. Department of
Commerce. Bureau of the Census, in
Current Population Reports. Local
Population Estimates. Series P-26, "1984
Population and 1933  Per Capita Income
Estimates  for Counties and Incorporated
Places." Vols. 84-S-SC. 84-MW-SC. 84-
NE-SC. B4-W-SC. 84-WNC-SC. June
1986. This  incorporation by reference
was approved by the Director of the
Federal Register in accordance with 5
U.S.C. 552(a) and 1CFR Part 51. Copies
are available  from the Bureau of the
Census.  Office of Public Affairs.
Department of Commerce. Constitution
Avenue. ME.. Washington. DC 20230 (l-
202-763-MMO). Copies may be inspected
at the U.S. Environmental Protection
Agency. 401 M Street. SW.. Room LG-
100. Washington. DC. or at the Office of
the Federal Register, 1100 L Street. NVV..
Room 8401. Washington. DC In ranking
requests on the basis of financial
burden. EPA also will give consideration
to other relevant financial information
supplied by the applicant. Once the
request is  ranked. EPA will:
  (1) Reimburse the request or
  (2) Decline to reimburse the request or
  (3) Hold the request for consideration
in a subsequent period.
  (f) Reimbursement will be made:
  (1) Only for costs that are allowab,'
reasonable and necessary.

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         Federal Register / Vol. 52. No.  203 / Wednesday.  October 21.  1987 / Rules  and  Regulations   39399
  (2) Only to the extent that the
 temporary emergency measures
 conformed to response criteria
 established by CERCLA. the NCP and
 the local emergency response plan, if
 applicable.
  (g) The EPA reimbursement official
 will provide the requester with a written
 final decision. Payment of approved
 requests will be made according to
 § 310.80 of this regulation.
  (h) Requests that are not reimbursed
 during the reviexv period in which they
 are first considered remain open for
 consideration, at the EPA
 reimbursement official's discretion, for
 one year. EPA will notify the requester
 in writing if the request is held for later
 review. After that time, an unreimbursed
 request will no longer be considered and
 EPA will notify the requester in writing
 that the request has  been denied.

 § 310.70  Records retention.
  An applicant receiving a
 reimbursement from the Superfund is
 required  to maintain all cost
 documentation and any other records
 relating to the reimbursement request
 and to  provide EPA with access to  such
records. If. after six years from the date
of the reimbursement from the
Superfund. EPA has  not initiated a  cost
recovery action, the applicant need
retain the records no longer. The
applicant must, however, notify EPA
and allow EPA the opportunity to take
possession of the records before they
are destroyed.
§ 310.80  Payment of approved
reimbursement requests.
  A reimbursement from the Superfund
can be paid only when Superfund
monies are available. An approved
request m excess of Superfund
appropriations available to EPA may be
paid only when additional money is
appropriated. As appropriations in the
Superfund become available.
reimbursements will be made in the
order in which approved requests are
ranked, according to relative financial
burden.

§ 310.90  Disputes resolution.
  The procedures in this section apply
to reviews of denial of reimbursement
and reviews of amount of
reimbursement
  (a) The EPA reimbursement official's
decision constitutes final Agency action
unless the requester files a request for
review by registered mail within 60
calendar days  of the date of decision.
  (b) The request for review of the EPA
reimbursement official's final written
decision must be filed  with the disputes
decision official identified in the final
written decision.
  (c) The request for review must
include:
  (1) A copy of the  EPA reimbursement
official's final decision.
  (2) A statement of the amount in
dispute
  (3) A description of the issues
involved and
  (4) A concise statement of the
requester's objection to the final
decision.
  (d) After filing for review, the
requester:
  (1) Is entitled to an informal
conference with the EPA disputes
decision official.
  (2) May be represented by counsel
and may submit documentary evidence
and bnefs for inclusion in a  written
record and
  (3) Is entitled to a written  decision
from the disputes decision official.
Appendix I—EPA Regions and NRC
Telephone Lines



n— M«~ V0rk 	 	 	
ill— pniiattionia
IV—AtUIK. 	 	
V-Chieago . .._ 	 _
VI — Dalian
VII— rfansas Oiy 	 I
VIII— Danvar 	
IX— San Francisco 	
x— Searae . 	
NitoiMl Pfscorae Conor
al— toll tree) 426-2675
(Washington DC)
Slain in region
ME. NH. VT. MA. Rl. CT.
NJ. NY. PR. VI
PA. OE MD. DC. VA. WV.
NC. SC. TN. MS. AL. GA.
FLKY
OH IN. IL Wl MN Ml
AR. LA. TX. OK. NM.
IA. MO KS NE.
CO UT, WY. MT NO SO
AZ. CA. NV. AS. HI, GU. TT.
10. OR. WA, AK.
                                                                              BILLING CODE 6580-50-M

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39400      Federal Register / Vol. 52. No. 203 / Wednesday. October 21. 1987 / Rules dnd Regulations
Appendix II—Application for reimbursement to local governments for emergency response to Hazardous Substance Releases
Under CERCLA Section 123
Please tvoe or onnt afl information                                         	
                                     Un.teo Stales Environmental Protection Agency
                                             Washington. DC 20-60
                                 Application for Reimbursement
                                    to  Local Governments for
                              Emergency  Response to  Hazardous
                       Substance  Releases Under CERCLA Sec.  123
                                                 Form Appro/ed
                                                 OMB No xxxx-xxxn
                                                 Expires XX-M-M
 1.  Local Government identification
 a. Name ot Local Government
                                                                     b Contact Name and Te'eonone Number
c Official Address
                                                                     d Date ol Application
   Release Description
a Date and Time ol Occurrence or Discover/   b Location
c Source or Cause of Release
d. Hazardous Substances Released and Quantity
e. Threats to Human health and Environment
  Anacl anv acoilional material oeonent to the re'ease
3. Response Description
a Date and Tme ot Response Action
b. Contact Made Witn (Check one]
    DCDA I   I National
    EPA |	| Response Center
                                                                 Other (Specify)
c EPA Region
                                   a. Date and Time Contact Made
                                  e Date ol Response Completion
  Jurisdiction in Which Response Occurred
                 g Is This Junsciction Covered by a Ti!!e ill Emergency Response P'an'

                    (Check one)        I   |v" |    |No
n Fessond-ng Agencies and Junscictions
EPA Form 9310-1 (10-87)

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           Federal Register / Vol. 52. No. 203 / Wednesday. October 21. 1987 / Rules and Regulations      39401
3i. Summary of Response Acaons
I  Temporary Emergency Measures tor Which Reimbursement Is Sought
   Demonstration that Costs Claimea Do Not Supplant Local Funos Normally Provided lor Response and Exceed Resources Committed in
   Local Emergency Response Plan
I Attach anv additional material pertinent to the resoonse
4. Cost Information
a. Total Response Cost

 s
b Total Reimbursement Requested


 $
  c. Complete and Attach Table 1. "Detailed Cost Breakdown*


  d. Attach Evidence of Attempt To Recover Costs


  e. Attach Other Pertinent Financial Information (See Instructions)
5. Certifications and Authorization

   I hereby certify that  (1) all costs  are accurate and  were incurred specifically for the  response  for which
   reimbursement is being requested: (2) the requirement to inform EPA or the U.S. Coast Guard of the response
   has been met: (3) reimbursement for costs incurred for response activities does not supplant local funds
   normally provided for  response;  (4)  all  other available  sources  of  funds have been  pursued  and  (5)
   reimbursement funds for which costs are later recovered will be returned to EPA. I further certify that  I am
   authorized to reouest this reimbursement and to receive funds from the Federal Government.
Pnnteo or Typed Name of Authorized Representative
 rnie
EPA Form 9310-1 (10-87) Reverse
Signature of Authorized Representative
                                                        Oa:e

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                                                                           Table 1

                                                               Detailed Cost Breakdown
             Temporary Emergency Measure
                       Cost Incurred By
Cost Element
                         Amount
                                                                                                                                                                  n
                                                                                                                                                                  o.
                                                                                                                                                                  n
                                                                                                                                                                  n

                                                                                                                                                                  I
                                                                                                                                                                  n
                                                                                                                                                                  o_

                                                                                                                                                                  III
                                                                                                                                                                  

                                                                                                                                                                  I
                                                                                                                                                                  50


                                                                                                                                                                  sf
                                                                                                                                                                  o'
                                                                                                                                                                  ui
EPA ropn 9310-1 (10-87)


||'R Doc. Q7-Z-I33H pilcij 10-20-87;

BILLING CODE 656O-90-C
Alldch sup)>oillng documentation, a g.. Involcoa, sales receipts,  rental agreements

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United States                   Office of Emergency                  October 1987
Environmental                   and Remedial Response
Protection Agency               Washington, DC 20460


FACT  SHEET:                             EPA


REIMBURSEMENT TO LOCAL
GOVERNMENTS FOR EMERGENCY
RESPONSE TO HAZARDOUS
SUBSTANCE RELEASES
Introduction

    The Comprehensive Environmental Response,  Compensation and  Liability Act
(CERCLA),  originally enacted in 1980, provides broad Federal authority and resources to
respond directly to  releases or threatened releases of hazardous substances that may
endanger human health or the environment. The original $1.6 billion Hazardous Substance
Response Trust Fund (the Superfund) was designed to pay for the cleanup of releases of
hazardous  substances and uncontrolled hazardous waste sites.  EPA is primarily
responsible  for implementing the Superfund program.

    On October 17, 1986, the President signed into law the Superfund Amendments and
Reauthorization Act of 1986 (SARA).   These amendments authorize an $8.5 billion
Superfund and broaden the Federal Government's response authority.  Section 123 of the
new law authorizes EPA to reimburse local governments for expenses incurred in carrying
out temporary emergency measures in response to hazardous substance threats.  These
measures must be necessary to  prevent or  mitigate injury to human health or the
environment. EPA published an interim final regulation for reimbursing local governments in
the Federal Register  on October 21, 1987.  This fact sheet provides a summary of the
requirements and procedures set forth in this regulation.

What Is the Intent of the Reimbursement Program?

    The intent of the reimbursement program is to alleviate significant financial burden on a
local government resulting from temporary emergency measures taken in response to
hazardous substance threats. Temporary emergency measures may include such activities
as erecting  security fencing to limit access, responding to fires and explosions, and other
actions that require immediate  response at  the local level.  EPA  will distribute the
reimbursement money to those applicants who demonstrate the greatest financial burden.
The law specifies that not more than 0.1 percent of the total amount appropriated to the Fund
be used for local government reimbursement.  This  represents a maximum of. $8.5 million
over a four-year period, or approximately $2  million  per year for all requests  received
nationwide.
                                -1-

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     After receiving completed applications from local governments, EPA will screen each
application for compliance with basic reimbursement criteria and filing procedures. Requests
for reimbursement must demonstrate that  responses comply with CERCLA,  the NCR and
where applicable, the local comprehensive emergency response plan completed under the
Emergency Planning and Community Right-to-Know Act of 1986.  Screened applications will
be reviewed twice yearly. A Review Panel will evaluate each reimbursement request on its
own merit, and with respect to the financial  burden demonstrated by other requests received
during  the  previous six months.  The Review  Panel  will  ensure that costs for which
reimbursement is being sought are allowable and do not supplant local funds normally
provided for emergency response.  Further guidance on evaluation of reimbursement
requests can be found in section 310.60 of the interim final regulation.

     Based upon the financial burden ranking for each request and the funds available for
reimbursement, a request may be reimbursed, denied or held over for reconsideration.  A
request may be reconsidered during a subsequent review period if it represents a significant
financial burden but scores lower than other requests during a particular review period.

How Much Can Be Reimbursed?

     CERCLA specifically limits reimbursement to $25,000 per single response.   This
$25,000 cap plus the limited availability of funds for the program may not allow EPA to
reimburse local governments for all response costs that may qualify.

For Further Information

     For general information on CERCLA and reimbursement application packages contact:

            RCRA/Superfund Hotline
            1-800-424-9346 (toll free)
            1-202-382-3000 (in the Washington, DC area)


     For specific information on the Local Government Reimbursement Program contact:

            Karen Burgan, Project Officer
            Emergency Response Division (WH-548B)
            U.S. EPA
            401 M Street, SW
            Washington, DC 20460
                                     -3-

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39770
Corrections
                                       Federal  Register

                                      Vol. 52. No. 205

                                      Friday. October 23. 1987
This section of the FEDERAL  REGISTER
contains  editorial corrections of previously
published  Presidential. Rule.  Proposed
Rule, and Notice documents and volumes
of the Code  of Federal Regulations.
These corrections  are prepared by  the
Office  of  the Federal Register. Agency
prepared corrections are issued as  signed
documents and appear in  the  appropriate
document categories elsewhere in the
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 372

[OPTS-400002, FRL-3183-9]

Toxic Chemical Release Reporting;
Community Right-To-Know

Correction
  In proposed rule document 87-12388
beginning on page 21152 in the issue of
Thursday. June 4.1987. make the
following corrections:

PART 372—{CORRECTED |

§372.45 [Corrected]
  The table in § 372.45(a) should be
corrected as follows:
  1. On page 21170. in the second
column, in the 17th line from the bottom.
"115-52-2" should read "115-32-2".
  2. On page 21171. in the second
column, in the 29th line. "764-01-or
should read "7647-01-0". and in the 14th
line from the bottom, "624-85-9" should
read "624-83-9".
BILLING CODE 150J-01-O
ENVIRONMENTAL PROTECTION
AGENCY

[OPTS-51695; FRL-3274-5]

Certain Chemicals Premanufacture
Notices

Correction
   In notice document 87-23304 beginning
on page 37836 in the issue of Friday.
October 9.1987. make the following
corrections:
   1. On page 37836. in the third column.
under P 87-1820, in the second line.
"Polyoxyalkylate" was misspelled.
   2. On page 37837—
   a. In the first column, under/*87-1827.
in the third line, after Chemical., insert
"(G)": and in the fifth line, "salts" was
misspelled.
  b. In the same column, under P 87-
1831. in the fifth line, "ink or" should
read "ink on".
  c. In the second column, under P 87-
1837. in the fifth line. "2-methyl-e-
propenoate," should read "2-methyl-2-
propenoate,".
  3. On page 37838—
  a. In the first column, under P 87-1848,
in the fifth line. "Import" was
misspelled.
  b. In the third column, under P 87-
1868. in the ninth line. "<100 parts per
million" should read ">100 parts per
million".
BILLING CODE 150S-01-O
ENVIRONMENTAL PROTECTION
AGENCY

fOPTS-51696; FRL-3275-4]

Certain Chemicals Premanufacture
Notices

Correction
  In notice document 87-23447 beginning
on page 37833 in the issue of Friday.
October 9.1987. make the following
corrections:
  On page 37834. in the third column—
  1. Under P 87-1881. in the last two
lines. "Non-sensitizer" was misspelled.
  2. Under P 87-1882. in the 7th line.
"polyurethanes" was misspelled: and in
the 15th line. "Non/Mutagenic:" should
read "Non-mutagenic;".
BILLING CODE 1SOS-01-O
ENVIRONMENTAL PROTECTION
AGENCY

[OPP-30000/5S; FRL-3273-1]

Initiation of Special Review;
Oxydemeton-Methyl

Correction
   In notice document 87-22919 beginning
on page 37248 in the issue of Monday.
October 5.1987. make the following
corrections:
   1. On page 37248—
   a. In the first column, under DATE:, in
the last line, the date should read
"January 4.1988".
  b. In the second column, in the last
paragraph, in the first line. "This"
should read 'The".
  c In the third column, in the fifth line.
"of should read "or".
  2. On page 37249—
  a. In the second column, in the last
paragraph, in the firsr line, remove the
period between "A" • nd "two": and in
the second line, "by" should read "to".
  b. In the third column, in the fifth line.
"has" should read "had".
  3. On page 37250. in the second
column, in paragraph ii.. in the seventh
line, "three" should read "these": and in
the last line, "months." should read
"months].".
  4. On page 37251. in the second
column, in the ninth line, "hematology"
was misspelled.
  5. On page 37253—
  a. In Table 2. the  fifth and sixth
columns of the fourth entry should read
".00003-.0005'' and "179-2975"'.
  b. In the second column, in the 13th
line, "associates" should read
"associated".
  6. On page 37256—
  a. In the second column, in paragraph
e.. in the first line, "of should read
"on".
  b. In the third column, in the last
paragraph, in the eighth line, the date
should read "January 4.1988.".
  7. On page 37257. in the third column.
in paragraph (16). in the second line.
"Metasystox-*" should  read
"Metasystox-R*".
BILLING CODE 1S05-01-O
 ENVIRONMENTAL PROTECTION
 AGENCY

 [OPTS-51694; FRL-3263-21

 Toxic and Hazardous Substances;
 Certain Chemicals Premanufacture
 Notices

 Correction
   In notice document 87-22149 beginning
 on page 36096 in the issue of Friday,
 September 25.1987. make the following
 corrections:
   1. On page  36097. in the second
 column—
   a. In the second line. "LC™*1 should
 read "LCM".

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                 Federal  Register  /  Vol. 52. No. 205 /  Friday.  October 23. 1987 / Corrections           39771
  b. In the third line. "EC™*' should
read "EC»".
  2. On page 36098—
  a. In the first column, under P 87-1772.
in the eighth line. "l.l^-methylene"
should read "l.l'-methylene".
  b. In the third column, under P 87-
1789. in the third line, "sulfonyl" was
misspelled.
  3. On page 36099. in the second
column, under P 87-1800. in the second
line. "Phenol" was misspelled.
BILLING CODE 1505-01-O
 ENVIRONMENTAL PROTECTION
 AGENCY

 [OPTS-59833; FRL-3268-31

 Toxic and Hazardous Substances
 Control; Certain Chemicals
 Premanufacture Notices

 Correction
   In notice document 87-22148
 appearing on page 36100 in the issue of
 Friday. September 25.1987. majce the
 following correction:              '  -
   -In  the second column, under Y 87-253.
 in the fo~uriH1ine.-"acide" should read
 "acids".
 BILLING CODE 150S-01-O

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 44920        Federal  Register / Vol. 52. No.  225 / Monday. November 23. 1987  / Proposed Rules
 ENVIRONMENTAL PROTECTION
.AGENCY

 40 CFR PART 52

 (FRL-3293-6]

 Approval and Promulgation of
 Implementation Plans; State of
 Missouri; Stack Heights

 AGENCY: Environmental Protection
 Agency (EPA).
 ACTION: Proposed rulemaking (PRM).

 SUMMARY: In this document. EPA
 proposes to approve a revision to the
 Missouri state air pollution control
 regulations as part of the Missouri State
 Implementation Plan (SIP). The purpose
 of this revision is  to limit the use of
 dispersion techniques rather than
 emission reductions to meet ambient air
 quality standards in the vicinity of
 major sources of air pollution. The use
 of certain dispersion techniques is
 prohibited  by section 123 of the Clean
 Air Act. The purpose of this document is
 to advise the public of EPA's
 preliminary finding and to invite
 comments  on EPA's proposed approval.
 DATE: Comments must be received by
 December  23.1987.
 ADDRESSES: Comments should be sent
 to Larry A. Hacker. Environmental
 •Protection Agency. 726 Minnesota
 Avenue. Kansas City. Kansas 66101. The
 state submission is available at the
 abpve address and at the Missouri
 Department of Natural Resources. Air
  Pollution Control Program. 205 Jefferson
  Street, Jefferson City. Missouri 65101.
  FOR FURTHER INFORMATION CONTACT:
  Larry A. Hacker at (913) 236-2893 (FTS
  757-2893).
  SUPPLEMENTARY INFORMATION: On July
  8,1985 (50 FR 27892), EPA published
  final rules regulating the manner in
  which techniques for dispersion of air
  pollutants from smokestacks may be
  considered in setting limits on the
  emissions of pollutants into the air.
  These rules are required by section 123
  of the Clean Air Act and are codified in
  40 CFR Part 51. All states are required to
  adopt consistent requirements for
  regulating sources of air pollution within
  their borders.
    The purpose of section 123 is to
  prevent sources of air pollution from
  using tall  smokestacks or other
  dispersion techniques to meet air quality
  standards. Air quality standards are to
  be met in the vicinity of sources of air
  pollution  by using continuous emission
   reduction techniques which actually
   reduce the amount of pollution emitted
   into the air. Dispersing pollutants high
   into the air simply moves the pollution
without controlling it. Pollutants being
dispersed from tall stacks are suspected
of contributing to the acid rain
phenomenon. The rules are required to
limit the amount of stack height that can
be credited in evaluating permit
applications and setting emission limits
but no attempt is made to limit physical
stack height.
  The state of Missouri has submitted
regulations which EPA believes satisfy
the requirements of 40 CFR Part 51
regarding the use of dispersion
techniques. The submission consists of
three regulatory changes. One is a new
rule. 10 CSR 10-6.140. Restriction of
Emissions Credit for Reduced Pollutant
Concentrations for the Use of Dispersion
Techniques, which limits the credit that
can be allowed for the use of tall stacks
by existing sources to what is known as
good engineering practice. A change to
the permit rule, 10 CSR 10.060. Permits
Required, limits the allowable stack
height credit for new sources and for
major modifications of existing sources.
A series of supporting definitions have
been adopted or revised in 10 CSR 10-
6 020. Definitions.
   These regulations were adopted by
 the Missouri Air Conservation
 Commission on March 20.1986,
 following reasonable notice and public
 hearing. They were submitted as a
 revision to the Missouri SIP by the
 Governor's designated representative on
 August 18.1986. The state submittal also
 included source-specific stack height
 analyses. EPA is not proposing any
 action on these analyses today as there
 will be addressed in a future Federal
 Register action.
    In order to be approvable. state
 regulations must adhere closely to their
 Federal counterparts. This is to ensure
 that sources in all parts of the country
 are treated consistently. In adopting its
 stack height requirements. Missouri has
 closely followed the language of the
 applicable EPA regulations.
    The state has adopted definitions of
 the terms "dispersion techniques".
 "emission limitation", "excessive
  concentration", "good engineering
  practice stack height", and "nearby"
  that are identical, or substantially
  similar to the corresponding Federal
  definitions.
    The state has adopted permit
  provisions meeting the requirements of
  40 CFR 51.160 and 40 CFR 51.166.
  limiting the allowable credit for tall
  stacks for new or modified sources.
  These Federal regulations limit stack
  height credit for sources subject to
  general new source review permit
  procedures and for sources subject to
  evaluation against Prevention of
  Significant Deterioration requirements.
The new state revisions implement these
Federal requirements at the state level.
  The regulations adopted by the state
of Missouri do not include EPA's
definitions of "stack" and "stack in
existence" found at 40 CFR 51.100(ff)
and 51.100(gg). respectively. On October
8.1987. the state pro\ided EPA with a
letter committing to adopt definitions of
these terms consistent with EPA's
requirements and to apply EPA's
definitions of these terms until the
adoption action is complete. EPA
proposes to incorporate the state's
committal letter as part of the SIP in the
final rulemaking. unless the
aforementioned definitions are adopted
and submitted prior to final rulemaking.
   The state has also adopted a general
regulation limiting the credit that can be
allowed for stack heights at existing
facilities. As with the other provisions.
this rule follows the applicable
requirements, in this case those of 40
 CFR 51.118(a) and (b).
   For further information on the specific
 requirements of the Federal stack height
 requirements, the reader is referred to
 the July 8.1985. rulemaking. Additional
 information  on the Missouri rules can be
 obtained at the addresses given above.
   This state submission constitutes a
 proposed revision to the Missouri SIP.
 The Administrator's decision to approve
 or disapprove this proposed revision
 will be based on the comments received
 and on a determination  of whether or
 not the revision meets the requirements
 of sections 110 and 123 of the Clean Air
 Act and of 40 CFR Part 41. Requirements
  for Preparation. Adoption, and
  Submittal of State Implementation
  Plans.
   Under 5 U.S.C. 605(b). I certify that
  this SIP revision will not have a
  significant economic impact on a
  substantial  number of small entities.
   The Office of Management and Budget
  has exempted this rule  from the
  requirements of section 3 of Executive
  Order 12291.
  List of Subjects in 40 CFR Part 52
    Air pollution control. Sulfur oxides.
  Nitrogen dioxide. Lead. Particulate
  matter. Intergovernmental relations.
  Reporting and recordkeepmg
  requirements.
    Authority: 42 U S.C. 7401-7M2
    Dated: March 9.1987.
   Morris Kay.
   Regional Administrator.
    Editorial Note: This document was received
   at the Office of the Federal Register
   November 18. 1987.
   [FR Doc. 87-20913 Filed 11-20-87. 8 45 am]
   BILLING CODE 6560-SO-M

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                Federal Register / Vol.  52. No. 225 / Monday. November 23. 1987  /  Proposed  Rules       44921
  40 CFR Part 355

 .. (FRL-3293-7]

  Extremely Hazardous Substances List

  AGENCY: U.S. Environmental Protection
  Agency (EPA).
  ACTION: Notice of availability:
  Bacitracin.

  SUMMARY: On November 17,1986 EPA
  proposed (he deletion of 40 substances
  from the list of "extremely hazardous
  substances" promulgated by the Agency
  under Section 302 of the Emergency
  Planning and Community Right to Know
  Act of 1986. Title III of the Superfund
  Amendments and Reauthorization Act
  of 1986. EPA has undertaken further
  study of these substances, and has
  completed review of the toxic effects
  induced after short-term exposure of one
  of these substances, bacitracin. Today,
  EPA is providing notice of the
  availability of this study of bacitracin.
  including the approach used to
 determine if it should be considered
 "extremely hazardous", for public
 review and comment.
 DATES: Comments on the bacitracin
 study will be accepted on or before
 January 7.1988.
 ADDRESSES: Copies of the bacitracin
 study and other materials relevant to the
- November 17.1986 proposal are
 _ -ailable for public review in the
 ouperfund Docket located in Room
 Lower Garage at the U.S. Environmental
 Protection Agency. 401 M Street SW..
 Washington. DC 20460. The docket is
 available for inspection, by appointment
 only, between the hours of 9:00 a m. and
 4:00 p.m. Monday through Friday.
 excluding federal holidays. The docket
 phone number is (202) 382-3046. As
 provided in 40 CFR Part 2. a reasonable
 fee may be charged for copying services.
   Written comments should be
 submitted to Preparedness Staff.
 Superfund Docket Clerk. Attention:
 Docket Number 300PQ. Superfund
 Docket Room Lower Garage. U.S.
 Environmental Protection Agency. Mail
 Stop WH-548D, 401 M Street SW..
 Washington. DC 20460.
 FOR FURTHER INFORMATION CONTACT:
 Dr. Diane Seal. Health and
 Environmental Review Division, Office
 of Toxic Substances, or Carrie Wehling,
 Office of General Counsel. U S.
 Environmental Protection Agency, or the
 Chemical Emergency Preparedness
 Hotline at 1-800-535-0202. in
 Washington. DC at 1-202-479-2449.
  SUPPLEMENTARY INFORMATION: On
  October 17.1986. President Reagan
  signed into law the Superfund
  Amendments and Reauthorization Act
  of 1986 ("SARA"). Pub. L. No. 99-J99
  (1986). Title III of SARA established a
  program designed to encourage state
  and local planning and preparedness for
  spills or releases of hazardous
  substances and to provide the public
  and local governments with information
  concerning potential chemical hazards
  in their communities. The program is
  codified as the Emergency Planning and
  Community Right-to-Know Act of 1986.
  42 U.S.C. 11001-11050.
   Title III is organized into three
  subtitles. Subtitle A. sections 301-305,
  establishes the framework for local
  emergency planning. Under section 302.
  a facility which has present an
  "extremely hazardous substance" in
  excess of its "threshold planning
  quantity" must notify its State
 emergency  planning commission and
 participate, as necessary, in local
 emergency  planning activities.
   Section 302 directed EPA to publish
 the list of extremely hazardous
 substances  within 30 days of the
 enactment of SARA. Section 302(a)(2)
 required that this list be identical to the
 list compiled by EPA in 1985 as part of
 the Agency's Chemical Emergency
 Preparedness Program. Under section
 302(a](4), EPA is authorized to revise the
 list but any  such revisions must take
 into account the toxicity of the
 substance. The term "toxicity" is
 defined to include "any short- or long-
 term health  effect which may result from
 a short-term exposure to the substance."
  EPA published the list of 402
 extremely hazardous substances and
 threshold planning quantities in an
 interim final rule on November 17.1986.
 51 FR 41,570. This list was identical to
 the November, 1985 list compiled by *
 EPA. which  had been originally
 established  by the Agency to help
 communities identify chemical
 substances present in the community
 that could cause acute health effects
 when released. Because EPA was aware
 that, based on information received
 since 1985, several substances did not
 meet the acute toxicity criteria, on
 November 17.1986. the Agency also
 proposed to  delete 40 substances from
 the list. Because the statute required
EPA to also  consider the long-term, as
well as acute, effects from short-term
exposure in  revising the list. EPA
requested data on such long-term effects
  and solicited comment on how such
  effects should be incorporated into
  criteria for revising the list.
   Based on public comment on this
  proposal. EPA announced on April 22,
  1987 that it had deferred the proposed
  delisting of these substances, pending
  an evaluation of the long-term  effects
  from short-term exposure to each of the
  substances proposed for delisting. 52 FR
  13.388.
   On June 5.1987. EPA received a
  petition from A.L. Laboratories. Inc.
  requesting a  delisting of bacitracin. a
  substance it manufactures. In response
  to that petition. EPA has developed an
  approach to assess the toxicity of
  bacitracin and to determine whether it
  should be considered an "extremely
 hazardous substance" under section 302
 of Title III. Under this approach. EPA
 used a weight-of-evidence evaluation  to
 identify any life-threatening or
 irreversible effects that bacitracin may
 induce in humans exposed for a short
 time. The approach also defines the
 concentration or dose of bacitracin at  or
 below which any severe adverse effect
 identified needed to occur for bacitracin
 to be considered "extremely
 hazardous".
   Evaluation of readily available
 literature indicates that, although
 bacitracin may induce two types of
 adverse health effects, the likelihood of
 any such effects resulting from an
 exposure to a release of bacitracin into
 the environment is extremely remote.
 This information thus supports EPA's
 proposal to delist bacitracin from the list
 of extremely hazardous substances. EPA
 has no information which would
 indicate that bacitracin should remain
 on the list of extremely hazardous
 substances on the basis of its toxicity or
 other characteristics.
   EPA will make a final determination
 on whether to revise the list of
 extremely hazardous substances under
 section 302 of Title III to remove
 bacitracin,  as proposed on November 17,
 1986, after consideration of any  public
 comment received on this study. Review
 of the other 39 substances is also
 underway.
  Dated: October 17.1987.
 I. Winston Porter,
Assistant Administrator for Solid Waste and
Emergency Response.
 [FR Doc. 87-26914 Filed 11-20-87. 8 45 am|
BILLING CODE 6S60-50-M

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Thursday
December 17, 1987
Part VI


Environmental

Protection Agency

40 CFR Part 355
Extremely Hazardous Substances List;
Final Rules

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 48072   Federal Register / Vol. 52. No. 242 / Thursday, December 17, 1987 / Rules and  Regulations
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Part 355

 [FRL—3303-31

 Extremely Hazardous Substances Ust

 AGENCY: U.S. Environmental Protection
 Agency tEPA).
 ACTION: Final rule.	

 SUMMARY; On November 17.1986. the
• U.S. Environmental Protection Agency
' (EPA) proposed the deletion of 40
 substances from the list of "extremely
• hazardous substances" promulgated by
 the Agency under section 302 of the
 Emergency Planning and Community
 RighMo-Know Act of 1986, Title HI of
 the Superfund Amendments and
 Reauthonzation Act of 1986. Today's
 final rule removes one of those
 substances, bacitracin. from the list of
 extremely hazardous substances.
 EFFECTIVE DATE: This rule becomss
 effective on December 17,1987.
 ADDRESS: The record supporting this
 rulemaking is contained in the
 Superfund Docket located in Room
 Lower Garage at the U.S. EPA. 401 M
 Street. SW., Washington, DC. 20460. The
 docket is available for inspection by
 appointment only between the hours of
 9:00 a.m. and 4:00 p.m. Monday through
 Friday, .excluding federal holidays. The
 docket phone number is 202-382-3046.
\ As provided in 40 CFR Part 2. a
' reasonable fee may be charged for
 copying services.
 FOR FURTHER INFORMATION CONTACT:
 Carrie Wehling. Office of General
 Counsel. LE-132S. U.S. EPA. 401 M
 Street. SW.. Washington. DC 20460.
 (202) 382-7708. The Chemical Emergency
'.Preparedness Hotline can also be
 contacted for further information at 1-
 800-535-0202. in Washington. DC at 1-
 202-479-2449.
 SUPPLEMENTARY INFORMATION: The
 contents of today's preamble are listed
 in the following ojtline:
 I.  Statutory Authority
 II. Delistmg of Bacitracin
 HI.  Effective Date
 IV.  Regulatory Analyses

 .1. Statutory Authority
    This regulation is issued under
  sections 302 and 328 of the Emergency
  Planning and Community Right-to-Know
  Act of 1986 ("the Act").

  II. Delisting of Bacitracin
    On October 17.1986. the President
  signed into law the Superfund
  Amendments and Reauthorization Act
  of 1986 {"SARA"). Pub. L. No. 99-499
(1966). Title III of SARA established a
program designed to encourage state
and local planning and preparedness for
spills or releases of hazardous
substances and to provide the public
and local governmerts with information
concerning potential chemical hazards
in their communities This program is
codified as the Emergency Planning and
Community Right-to-Know Act of 1986. •
42 U.S.C. 11001-11050.
  Subtitle A of the Act establishes  the
framework for local emergency
planning. Under section 302. a facility
which has present an "extremely
hazardous substance" in excess of  its
"threshold planning quantity" (*TPQ"J
must notify the State emergency
planning commission ard carticipate. as
necessary, in local emergency planning
activities.
  On November 17.1986, EPA published
the statutorily-designated list of
"extremely hazardous substances" and
their associated TPQs in an interim final
Pile, as required-by section 302.51FR
41570. On the same day, EPA proposed
the deletion of a number of substances.
including bacitracin, from the list of
extremely hazardous substances based
on the fact that they did not meet the
Agency's criteria for acute toxicity. 51
FR 41593.
  On November 23,1987, EPA published
a notice of availability of its further
study on the long-term toxicity of
bacitracin. 52 FR 44921. In that notice.
EPA stated that based on  its analysis of
the toxicity of bacitracin. the Agency
has no reason to believe that the
substance should remain on the list of
extremely hazardous substances.
  Also on November 23,1987. the
District Court for the District of
Columbia issued an order  in A.L
Laboratories. Inc. V. Environmental
Protection Agency, Civ. Action No. 87-
1991-OG (and consolidated cases)
requiring EPA to remove bacitracin from
the list of extremely hazardous
substances under section 302 of the Act
  As a result of the Court's order and in
light of the absence of information
suggesting that bacitracin may result in
toxic or other effects upon exposure to a
release of the substance 
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         Federal Register / Vol. 52. No.  242 / Thursday,• JteeembeF: 17.^987 -J . Rujeg,
        CAS No
Chem cat
 name
iiOS-87-4
                      Bacitracm
Appendix B—[Amended]
  3. Appendix B to Part 355 is amended
to remove the following entry
        CAS NO
Chemical
 name
UOS-B7-4
                      Baolracm
|FR Ooc 87-29097 Filed 12-10-87.9 27 am|
BILLING CODE 6S60-SO-y


40 CFR Part 355

Extremely Hazardous Substances List

AGENCY: U.S. Environmental Protection
Agency (EPA).
ACTION: Final rule.	

SUMMARY: On November 17.19B6, the
U.S. Environmental Protection Agency
(EPA) proposed the deletion of 40
substances from the list of "extremely
hazardous substances" promulgated by
the Agency under section 302 of the
Emergency Planning and Community
Right-to-Know Act of 1986, Title III of
the Superfund Amendments and
Rcauthorization Act of 1986. Today EPA
is taking final action to remove three of
those substances from the list of
extremely hazardous substances
EFFECTIVE DATE: This rule becomes
effective on December 17.1987.
ADDRESS: The record supporting this
rulemaking is contained in the
Superfund Docket located in Room
Lower Garage at the U.S. EPA. 401 M
Street. SW.. Washington. DC 20460. The
docket is available for inspection by
appointment only between the hours of
9-00 a m. and 4:00 p.m. Monday through
Friday, excluding federal holidays. The
docket phone number is 202-382-3046.
 As provided in 40 CFR Part 2. a
 reasonable fee may be charged for
 copying services.
 FOR FURTHER INFORMATION CONTACT
 Carrie Wehling. Office of General
 Counsel. LE-132S. U.S. EPA. 401 M
 Street. SW.. Washington. DC 20460 (202)
 382-7706. The Chemical Emergency
 Preparedness Hotline can also be
 contacted for further information at 1-
 800-535-0202. in Washington. DC. at 1-
 202-179-2449.
 SUPPLEMENTARY INFORMATION: The
 contents of today's preamble are listed
 m the following outline-
I   Statutory Authority
II  Today's Rulemaking
III  Effective Date
IV  Regulatory Analyses
I. Statutory Authority         .  .
  This regulation is issued under section
302 and 328 of the Emergency Planning
and Community Right-to-Know Act of
1986 ("the Act").
II. Today's Rulemaking
  On October 17.1986. the President
signed into law the Superfund'  .
Amendments and Reauthorization Act
of 1986 ("SARA").'Pub. L. No. 99-499
(1986). Title III of SARA established a
program designed to encourage state
and local planning and preparedness for
spills or releases of hazardous   '
substances and to provide'the public
and local governments with information
concerning potential chemical hazards
in their communities.'This program is
codified as the Emergency Planning and
Community Right-to-Know Act of 1986.
42 U.S.C.  11001-11050. Subtitle A of the
Act establishes the framework for local
emergency planning. Under section 302.
a facility which has present an
"extremely hazardous substance" in
excess of its "threshold planning
quantity" ('TPQ") must notify the State
emergency planning commission
andparticipate. as necessary, in local
emergency planning activities.
   On November 17.1988. EPA published
the statutorily-designated list of 402
"extremely hazardous substances" and
their associated TPQs in an interim final
rule, as required by section 302.51 FR
41570. On the same day, EPA proposed
the deletion of 40 substances from the
list of extremely hazardous substances
based on the fact that they did not meet
the Agency's criteria for acute toxicity.
51 FR 41593.
   Based on public comment on this
proposal. EPA announced on April 22.
1987. that it had deferred the proposed
delisting of these substances, pending
an evaluation of the long-term effects
from short-term exposure to each of the
substances proposed for delisting. 52  FR
13388.
   On November 23.1987. the District
Court for the District of Columbia issued
 an order  in A.L. Laboratories. Inc. v.
 Environmental Protection Agency. Civ.
 Action No. B7-1991-OG (and
 consolidated cases) requiring EPA to
 remove four  of the substances proposed
 for delisting  from the list of extremely
 hazardous substances under section 302
 of the Act.' The basis for the Court's
 order was jts reasoning that Congress
 did not intend to include in the
 statutorily-designated list substances
 listed due to clerical error.
  In response to the L»~. ,»^..,__y,y-..
 has published a final rule removfng one
 of those subslances.'bacU&pJBrjfrom the
 section 302 list. Today EPA is taking
 final action to delist the tdm'ainihg .three
 substances subject to the Court's order
 Dibulyl phthalate. tiimethyl'p'Hlhafdte.
 and dioctyl phthalate. In ao/^pn, EPA
 believes that the remaining 36
 substances originally proposed for
 delisting on November.l7..198'6.are
 indistinguishable frora'tbe/ous.j,
 substances subject tc.the Gotirt-'s order
 with respect to their-status on'fhe'list of
1 "extremely hazardous substances". As a
 result. EPA intends to issuer final rule
 within the next 30 days deleting the
 other 36 substances pYoppBed for
 delisting on November 17.1986. Upon
 the effective date of;tKat rule, those
 substances'will no'lohge'r be subfect to
 the emergency planning and notification
 requirements under the'Act

 III. Effective Date ,

   As indicated in the opening section of
 this preamble, this rule is effe'MivTe
 immediately. Section 553(d) of the
 Administrative Procedure Act ("APA")
 generally requires the publication of a
 rule no less than 30 days prior to its
 effective date. However, under section
 553(d)(l). the Agency may suspend the
 30 day effective date requirement^ for a
 rule which relieves a restrictiorf.
 Because this rule provides, relief from
 regulatory requirements previously
 applicable to persons handling.large
 amounts of these substances. EPA is
 suspending the 30 day effective date
 requirement for this delisting.

 IV. Regulatory Analyse!)
   Because this delisting is'npj.a""major"
 rule as defined under Executive Order
 12291. no regulatory impact analysis has
 been prepared in connection with this
 final rule.           ,
    In addition, because this dehsiing will
 not have a significant impact, on a
 substantial number of small entities, no
 analysis of the impacts of this rule on
 small entities is required u.nder,}he
 Regulatory Flexibilrty Act of 1980.

 List of Subjects in 40 OPR Part 355
    Chemicals. Hazardptifc substances.
 Extremely hazardous substances,
 Community right-to-know. Chemical
 accident prevention. Chemical''
 emergency preparedness. Threshold
. planning quantity^Repo^tabJe quantity.
 Community emergency resppnse plan.
 Contmgency.-planmng. Reporting and
  recordkeeping.requirements. • ,

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48074   Federal Register / Vol. 52. No.  242 / Thursday. December 17, 1987  / Rules and Regulations
  Dated: December 10.19B7                 Appendix A—[Amended]                Appendix B—(Amended]
Lee M. Thomas.                            , Appendix A to Part 355 is amended     3. Appendix B to Part 355 is amended
Administrator.                           ,0 remove tj,e following entries:
  Fur the reasons set out in the           	
Predmble. Part 335 of Title 40 of the               r»=^           owmcai
Code of Federal Regulations is amended   	
                                                                               to remove the following entries:
                                               CAS NO
                                                                                      CAS No
as follows:

PART 355—EMERGENCY PLANNING
AND NOTIFICATION

  l. The authority citation for Part 355
continues to read as follows:
  Authority: 42 U.S.C. 11002.11003.11004.
11025.11026.11028, and 11029(1986).
64-74-2	.	  	.


131-11-3          	
                                                             Mwryl
                                                               Pttttalate
                                                               Phthaiate
84-74-Z


117-84-0

131-11-3
Oociyi
 Ptitnaiaie
Dmttiyl
 PntftttaM
                                       m-64-o
                                                 .  . . ----- Oactyt
                                                               PMhaHM
                                                                              (FR Doc 87-29098 Filed 12-16-87:9.28 am)
                                                                              BILLING CODE USt-SO-M

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Wednesday
January 13, 1988
 Part III


 Environmental

 Protection Agency

 40 CFR Part 373
 Reporting Hazardous Substance Activity
 When Transferring Federal Real Property;
 Proposed Rule

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               .federal Register / ydE.  53. No. 8 / Wednesday.  January 13. 1988  /  Proposed Rules
 ENVIRONMENTAL-PROTECTION-
 AGENCY

 40 CFR Part 373

 (SWHFRL-3279-9)'

 Reporting Hazardous Substance ••' •   '
 Activity When Transferring Federal-
 Real Property

 AGENCY: Environmental Protection
 Agency.                       ,  . .
 ACTION; ProBpsed. rule.. .     . ~ . .

 SUMMARY: The Environmental Protectio'rY
 Agency (EPA) is-to'day proposing • • '  '
 regulations ih'Tesponse fo requirements
 established-by section1 K0(h) of the
 Comprehensive -Environmental
 Response. Compensation and Liability
 Act (CERGLA1."aB'amended-by the
 Superfund Amendments and   •  • ".n/,
 Reauthomation Achof 1986 (Pub. L. 99-,
 499). Ujider section KQ(h),; whenever.
 any agency, department, or 1  •„   -...
 instrumentality.^^ United §tat£s .
 enters uito any .-contract forthe.sa.le or.  •
 ottiertransfqr of real property which is
 owned by the United States, and on
 which/any hazardous substance was
 stored for one year or more, known to
 have been released, or disposed of. the
 contract must include notice of the type
 and quantjty.of such hazardous
 substanqe\ and '(he time at which such
 storage, release, or disposal took place.
 EPA is to prescribe the form and manner
 of such notice. Today's notice would
 define when these" requirements apply.
 as well'as'prescnbe the form  and
 manner of notice,' as required'by section
 120(h). "•'
 DATE'. Ccirrtmerftsiftrihis proposed rule  '
 musf'be'received ort or before February
 12.1088. "r-! •,',"""
 ADDRESSES: Cflmmerlters mlist each
 send an original and two copies of thieir
 comments to EPA' Sup'erfund Docket
 (WH-562). Environmental Protection
 Agency, 401 M Street. SW.. Washington.
 DC'20460-. Place the'-Docket Number -•
 l2oFP-TR'on!the comments: The docket
 is'located in'tHe'EPA Superfund Docket
 Room (LC 500);'401'M Street SW..
 Washington SC 20460. The docket is
 open from 9:00 to 4:00. Monday through
 Friday except1 for. public holidays. To
 review 'docket materials, make an
appointment bycallmg 202-382-3046.
The public may;obtain copies of docket,
 materials: a&provided for in 40 CFR Part
 2. A fee may be charged for copying
 services.- •<..-..
 FOA FURTHER INFORMATION CONTACT: •
 For generai information contact the
 tCRA-/CEJ*|3LA Hotjtne at 1-800-424-
 9346 (toll-free) or in the Washington
 Metropolitan Area at 202-382-3000. For
 information on specific aspects of this
 proposed rule, contact Richard Dailey.
 Office of Waste Programs Enforcement
 (WH-527). U.S. Environmental
 Protection Agency; 401  M Street SW..
 Washington. DC 20460. 202-382-5647
 SUPPLEMENTARY INFORMATION:
 Table of Contents
 I. Introduction
  A. Statutory Authority •  :,
  B. Interagency Qoqrdination.
 II Content of the Bui?.'        '   .
  A. Definition of. "Department. Agency, or
   ' Instrumentality"   •  '      '  '
  B. The'Cdncept of "Real Property"  '
  C Proposed Exclusion for Residential
    Properly      •  -----      -e
  D. Requirement-ID Search Agency Files
  E. Definition- of "Hazardpus Substances"
  F Definitions of the terms" "Storage.
    Release, and Disposal"
    1. Definition of'"Storage"
    2. Storage Trigger'  •<
    3.'Definition of "Release" 1-.
    4. -Definition of "Disposal" ' •
  C. Fomvand Manner, of.Notice
 III Regulalory,Analyses
  A. Regulatory Impact Analysis '
  B Regulatory. Flexibility Analysis
  C. Paperwork  Reduction Act
 IV. References    '   "   '

 I. Introduction

A. Statutory Authority  '
  The Superfund Amendments.and
Reauthorization  Act (SARA). Pub. L.
99-499, amended the Comprehensive
Environmental ReSp'pnse',   . '.
Compensation, and Liability Act
(CERCLA). 42U.S.C. 9601 et seq. SARA
added section 120(h)(l)  of CERCLA
which states that "*  * * whenever any
department, agency, or instrumentality
of the United States  enters, irifd any
contract for the sale or other transfer of
real property which is owned by the
United States and on which any
hazardous substance was stored for one
year or more, known to  be released, or
disposed of. the head of such
department, agency, or instrumentality
shall include in such contract notice of
the  type and quantity of such'hazardous
substance and notice of the time a't
which such storage, release, or disposal
took place, to the extent such
information is available on the basis of
a complete search of agency Tiles."
Section 120(h)(2) requires the'
Environmental Protection Agency (EPA)
to promulgate regulations specifying the
form and manner of such notice no later
than IB months after enactment of
SARA or. in other words.'by April 17.
198B. The notice requirement goes into
effect six months after the effective date
of the regulation.
  1'n addition to the notice requirements
specified by section 120(hnil-described
above, section  l20(h](3)(B) requires   '
covenants to be included in deeds
transferring certain property owned by
the United States. Specifically, in the
case of any real property owned by the
United States on which any hazardous
substance was stored for one year or
more, known to have been  released or
disposed of. each deed entered into for
transfer of the property by  the United
Slates to any other person or entity must
contain covenants warranting that (1) all
remedial action necessary to protect
human health and the environment with
respect to any such substance remaining
on the property has been taken before
the date of transfer and (2) any
additional remedial action  found to be
necessary after the date of  such transfer
shall be conducted by the United States.
However, this provision does not apply
in any case in which the person or entity
to whom the property is transferred is a
potentially responsible party with
respect to such real property. There is
no statutory requirement that EPA
promulgate rules to implement the
requirements for deeds  in CERCLA  -
section 120(h)(3). and EPA does not plan
to issue such rules.

B. Interagency Coordination

  The statute specifies that EPA is  to
develop the notice regulations required
bv section 120(h)(2) in consultation with
the Administrator of the General
Services Administration (GSA). The
Agency has worked closely with GSA in
the  development of this proposal, and
uill continue to consult with GSA
throughout the rulemaking process.
Additionally. EPA has solicited
information and comment from other
potentially affected agencies. EPA
encourages  any affected agencies of the
United States that have not been
consulted to contact  the person named
above under the section titled "FURTHER
INFORMATION," and to comment on  the
specific provisions of this proposal.

II. Content of the Rule

  Section 120(h) of CERCLA states  that
its requirements apply to the sale or
other transfer of real property owned by
the'United States by any department.
agency, or instrumentality of the United
States As noted above, section 120(h)
requires EPA to consult with the
General Services Administration (GSA)
in the development of these rules. Such
consultation is appropriate  because, in
many cases. GSA serves as the agency
through which other federal agencies
transfer or convey title to their real
property  However, it is important to
note that many agencies have
independent authority to dispose of their
own real property as well: today's

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Federal Register / j-Vol. $3. No, 8, / Wednesday.  }aguary
                                                                                    /
proposed rules would apply to all
agencies, departments or.
instrumentalities of the United States  .
involved in the sale or other transfer of
real property. It should be noted that
EPA presumes that the term "transfer"
in the statute is used pursuant to its
definition in the Federal Property
Management Regulations found at 41
CFR101-47. and that today's proposed
regulations apply to agencies
undertaking the activity defined therein.
A. Definition of "Department. Agency.
or Instrumentality"
  For the purposes of this rule.
"department agency, or instrumentality
of the United States" means those
entities or organizations created or
chartered by the legislative, executive or
judicial branches of the federal
government, including those
corporations that are chartered by the
federal government.
B. The Concept of "Real Property"
  The concept of real property has
evolved over hundreds of years and. is
generally used to "designate both things
which are permanent, fixed, and
immovable, as lands, and rights  arising
out of. or connected with, lands: and
includes land and whatever is affixed
thereto, and rights arising out of, or
annexed to or exercisable within or
about, the land (73 C.J.S. Property
section 16,1985). The Federal
Acquisition Regulation, developed in
accordance with the requirements of the
Office of Federal Procurement Policy
Act of 1974. as amended by Pub. L. 96-
83. defines real property as "land and
rights in land, ground improvements.
utility distnbution systems and
buildings and other structures. It does
not include foundations and other work
necessary for installing special tooling.
special test equipment, or plant
equipment."
C. Proposed Exclusion for Residential
Property
  Because section 120(h) states  that its
requirements apply to any real property
"owned" by the United States, the  ,-
requirements of this section appear to
extend to property that federal agencies
own because they lent funds or
guaranteed certain loans, and then
acquired the property after default  •
through foreclosure. Agencies which
may take title to real property through
foreclosure include, among others, the
Small Business Administration (SBA),
the Economic Development
Administration (EDA), the Farmers
Home Administration (FmHA),  the
Veterans Administration (VA). and the
Federal Housing Administration (FHA).
                            While there is a paucity eC legislative.
                          history on section 12Q(h), EPA belieye?
                          that it is unlikely thaj Gongress. intended
                          the notice and covenant requirements of
                          this section apply to properties;obtained
                          by the United States through foreclosure
                          and held in ajCustodiaLmanneijAUJtil.,,,_,,
                          sale. Nevertheless, EPA believe's"that
                          the statute and the requirement^ 'n '•
                          proposed today should apply'to' some of
                          those properties. For example. EPA
                          believes that it:is appropriate tif&pply'
                          section ]2Q(h) to agencies, such1 is the
                          FmHA, when it acquires ,farnV.prppVrty  •
                          on which pesticides or other chemicals  '
                          may have .been disposed, or the SBA, -
                          EDA. or any other agency when it takes
                          title to a commercial or industrial ••"•
                          interest wifh'previpus hazardous   '
                          substance activity.  Because EPA
                          believes that the. types'of properties
                          described above "have.the-poljyitiai to
                          present a threat to human health and the
                          environment, the'Agency also believes
                          that compliance with the proposed "" -
                          regulations is both prudent and
                          appropriate.         ...<•>
                            However, the FmHA, V/V. ajnigLFHA"
                          acquire through foreclosure and ,,, .'<
                          subsequently sell or transfer over
                          125.000 pieces of property p^FyteaT that
                          are exclusively residential. The EPA
                          expects that most small, residential
                          properties would not be the sfte of arn
                          significant hazardous substances
                          activity, and that any" protection that
                          may be afforded human'health' arid th •
                          environment by'application oHKe ,
                          statute to such properties would be
                          mmimal^Additibnally. the Agency
                          believes that the record-checking and
                          notice ,req\iiremen,(s for the'volume of
                          properties' transferred"by fhese,agencies
                          would be unnecessarily burdensome. .
                          and that',, in'any case, the^atute was
                          probably not'intended ib cover'these
                          types of properties.
                            Based on these considerations. EPA
                          today is proposing to exclude from the
                          notice requirements specified in section
                          120,(hJ]2^certain,smaH', residential,..
                          properties Jhsjt are acquired* and sold by
                          agencies such'as trip VA. FHA. and the
                          FmHA.    .    -   •  -
                            ,,EPA,.has-examined a provision in a,
                          Commonwealth of Massachusetts  _
                          proposed Senate .bill (no. 2054) that
                          excluded residential property Trom
                          hazardous.substance disclosure and
                          liability requirements of_}he! ,'
                          Massachusetts Superfunq1 law. As in. the
                          Massachusetts till EPA today proposes
                          to exclude from the, section 12Q[h)(2)
                          notice, requirement those properties that
                          are owned by the United States as a
                          result of foreclosure, and that are one- to
                          {pur-family residences thlat are used,.tp.,
                          provide ne\ mqrefthan four, dwelling  ,",,
units, i
buildings or improvements incidqiga^jte s
such dwellings. EPA believes that using
this definition for the proposeds^
exclusion for residential property _js
appropriate, because it is coWisteVit
with theiax;t.
Housing,agd
considers one-to-four familj'ruijjt.J, ,
dwellings as single family residences for'
the purposes of mwtgafe irisur^c'e'*22^
under the National Housing Act
  While not
aspeqt
requirements,
exclusion, from
of 120(h)(l) would e$ten4,an]exclu.s'o£i, .,
to the covenanJ*.requJFeddvld,e5,i
120(h)(3).
  The EPA teqitests*coBBnehL3a3L ,
whether it istapptopviateibirakdude .
certain federatty-5owried, residential
properties from tHB^recfui#ententB(df
section 120(h). feiKfttrso^whether the
Agency's-proposed 'approach^
reasonable: EPA kl86'PSfu63ts comments
 that any extlufiidtfi fro'{i?lth8rt; "'-'
 requiremenls of sect
 to the requiremehts'

 D. Requirement to Search Agency^Etles ,

  As stated above,  section, 12d/h)(i)'
 provides tHa'\ any cpntract;to^|jl o^
 transfer prop*r,ty P,w5e? J?y^| fyffi
 States shall give npdce.pf tyeJyiKafid ,
 quantify oj'any ba?ardous,siii)s}9Jice's, '
 that have beefl stored for.o'jQe.y^arjOr
 more. known)tp."jhave been, r^easep^jor
 disposed of. and the time that such  .
 storage, release.,9tdi^posal|cipk.placej. .
 "to,the. extetit Aat^uffh infcgn^tiprf.is .
 available on the basis of a complete,
 searqh pf asencjcf.les^lPA tfyfe._ .
 proposes  thaUfor/(the purppse.s.pftfijs
 rule, a "complete search -of agency files ,
 shall consist of a thorough ^©view,by the
 transferring,agency of-a,py and .all file?
 and rec w^s-.Oncludjn^aKhjfresj^d *gj
 the agency. -a nd,.ifapp,ljcaibl^.therpatgn^
 agency, that relate,  to
 use(s) o&the reaj
 sold or transfemed.The            ..,
 agency 'shall make BJ diHgent effort tP- ,
 examine all relevantiQhia byqsBerchjngl
 the areas where files retedng-tcrthe use-
 and>history of th&proper^ toe-normaUji
 kept, with particuIacemphaBi9'upoB •
 rec6rds he Id' Or obtaihaWwwtthout ;
 undue burden thfatSfelate-lo (ha? -
 environmental compliance obligation^ of
 the "(Winer oftKe l«&hy>%3 tfsHtrfftgtd^
 or on behalf of the selling1, or tramsferrinv
 agency.
 prop'osed definition',

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_Fed«rrf:B«gtoter /
                                                  /Wednestfay.  January 13/1968 f Proposed Rute»
  Istlinff 120MM ntfer»-tp'tfa«»tDregfc,
release, and* diipnrat of "haonkMsr
substances/* Secuo»rim(tHof the. Act •
define** Ml of "hazardws* sobstanees"
by refewasate substance* designated
by EPA- uadec other environmental  -  .
statutes. EPA'*, list currently contains
717 gubatancea. The Agency may
designate additional substances as''~
hazardous under section 1092 of ••  "
CfiKULA.
1. Paftiifimi ear). EPA believes that
requiring federal agencies disposing of
real property to report on very small
quantities of hazardous substance* thai
have been stored on the property would
be burdensome that probably would not
contribute, significantly'to the protection
of human rleallfrano* the environment.
Additionally: ff>e Agency believes that
thestoWg^ of hazardous substances is
not'tiintaTridurif td-rtiefr release and/or
disp'ds^f ttid. in turn, may present less:
of e«-e^ivftpnftental threat. EPA '
believtfs-'trnitthfspdsitioif is consistent
with. a'ndlbgicaRy derives front,'the
statutoiyfangtiBgefouttd hi section
3081fdX6) of thb Hiesouree- ConservaUoh'
and Recovery A'ct'fR£ftA). Section
WOl(dMB) of RCRA outlines the stok-oge.'
 reatrnfint/ahd Disposal requSremenTs for
generate^ bt'siHalPquantitiiM of    ' ""
                                                           an
 hazardous! waste: mat is. thos* entities
 that generate between 100 and 1000
 kilograms (kg) per month of hazardous
 waste-By statute.smauquantity  -  •
" generators may store 6000 kilograms of
 hazardous wastejm-site for up to 180
 days (or 270 days if the generator must
 ship or haul suchTwastes over 209 Biles)
 without sabmtan^an application for.*
 punui bo become amntemn- storage
 facility. Since these tbnits on
 statutory,, jt appears; that, Congress OKI
 not consadfT.the storage of hazudoas
 wastes (aU.of whim are intruded in
 CERCLA's defhntipttjC^bazajdbs}*.
- substances) ig. be as significant •
, problem as the disposal and/or rates**
 of those same wastes. ,
  'However, the: Agency believes that
: establishing, eouftkiiogranis as-the level
'below, which the section 120(1 "
   )airBinent_for, tne storage

                                       inapprqp^l'e. Fir^lfeapowied-RCRA.^
                         . storage period
                          wastes ^ six
                                                       6000 kg oi hazardous
                                                                than the '
                                       one-year pen'od mandated by sectipn
                                       120(h). Additionally. 6000 kg ia
                                       approximately six tons (or aroimd'mnty.
                                       55-gallon barrels), which is a snbstannal
                                       amount. There/ere. EPA believes that a ,
                                       6000 kg cutoff would be inconsistent .
                                       with the intent of section 120(h)..'  '
                                         Under RCRA. generators of no more  -
                                       than 10O kilograms (about 22O po'nnds or
                                       25 gallons) of hazardous waste in any
                         . calendar month are cbnkidered'
                          conditionally'eixempf small quantity' •>
                          generators.'Because such generators are
                          exempt from many of the RCRA •'
                          hazardous waste 'requirements. EPA-'
                          considered us'ing-lOO kilograms as the'
                         1 cutoff for reporting the storage (for one
                          year or more) of hazardous substances
                          under section 120(h). However, since
                          generators 'of 100 kilograms or less per
                          month of hazardous waste are allowed
                          to store up to 1000 kilograms on site.
                          EPA believes that 1000 kilograms would
                          be a more appropriate trigger level for
                          the section 120(h) notice requirement for
                          the storage of hazardous substances;
                            Therefore. EPA today proposes that
                          the notice requirement for reporting the
                          storage of hazardous substances under
                          section 120(h) apply only to those
                         1 hazardous substances that have been
                          stored' for one year-ox more at quantities
                          of greater than or equal to 1000   '  -
                          kilograms-The exception to this would
                          be for the storage of those substances
                          that are considered acutely Hazardous
                          wastes under RCRA (40 CFR 26L30).
                          The storage reporling'requirement for
                          acutely hazardous wastes under 120(h)
                          would be one kilogram.-
                            The'Agency-requests comment on-lhe-
                          proposed'tian'nitkMFof storageton /-"
  whether the concept of a qomtmttHre
  trigger for the storage notice
 11 requirement is appropriate, and on the
• proposed 1000-kilogram storage trigger.
  3. Definition of "Release"

    The term "release" is defined under
  section 101(22) of CERCLA to mean any
  spilKng; leaking, pumping, pouring.
  emitting', emptying, discharging,
  injecting, escaping, leaching, dumping,
  or disposing into the environment
  (including the abandonment or
  discarding of barrels, containers, and
  other closed receptacles containing any
 . hazardous substances or pollutant or
  contaminant). The definition also
  excludes certain categories of releases
  from the requirements of CERCLA (see
  CERCLA section 101(22)].
  4. Definition of "Disposal"

    The'term "disposal" is not defined
  under CERCLA. Therefore. EPA
  proposes- to use- the definition of the
  term in RCRA. again by substituting the
  word "substances" for the word
  "wastes." Thus, the term "disposal." lot
  the purposes of implementing 120(h), is*
  proposed to mean the discharge.
  deposit, injection, dumping, spilling.
  leaking, or placing of any hazacdous
  substance into or on any land os water
 • so that such hazardous substance or any
  constituent thereof may enter the
  environment or be emitted into the air or
  discharged into any waters, including
  groundwater. The Agency requests
  comment on this proposed definition of
  the term "disposal."

  G. Form and Manner of Notice

    Section 120(h)(2) requires EPA to
  promulgate regulations specifying the
  form and manner of the notice of
  hazardous substance activity that is to
  be included in the contract of sale or
  transfer of real property owned by the
  United States. EPA is proposing one
  approach and describing an alternative
  approach to the form and manner of the
  notice required by section 120(h). Both
  approaches are explained below.
    The proposed approach would require
  that the notice for reporting hazardous
  substance activity under CERCLA
  section 120(h) contain information
  similar to that required for reporting the
  release of hazardous substances under
  CERCLA section 102 and by 4O CFR
  302.4. While the notice would not
  necessarily have to take the form of the
  sample provided, the notice would at a
  minimum, be required to list the name of
  the hazardous substance: the Chemical
  Abtracts Services Registry Number
  (CASRN)wherp applicable: the
  regulatory synonym (where applicable)

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Federal Register  /  Vtfl "53,. Ncy^a ^WeAieajiay,
as found in 40 GFR302.4; the RCRA -  '•?  ,
hazardous waste number, (where        •
applicable) as found at 40 CFR 26a30.
and the quantity, if greater than 1.000
kilograms (or one kilogram for acutely
hazardous wastes), of each hazardous
substance stored for one year or more,
or released or disposed of on the    ••>
property, and dates of such-storage, - '
release, or disposal. The notice would
be required to carry the  following    :
statement, prominently displayed: "The
information contained in this notice is1  'r
requiredunder the authority of      '
regulations promulgated by the
Environmental Protection Agency  under;'
section 120(h) of the Comprehensive ~   ] '
Environmental Response.           J
Compensation, and Liability Act
(CERCLA or "Superfund")."
  Under the  alternative approach  that
EPA is considering, agencies would use „
GSA form SF 118b to comply with
section 120(h)(l). Column i on GSA form ,
HBb requires "a description of any ,
reservations or exceptions running with
the land or imposed by the holding
agency," such as outstanding mineral
rights, easements, rights-of-way.
railroads, and contamination. If GSA
form 118b is used, EPA would require
that the disposing agency provide (in an
addendum to 118b(i). if necessary), at a
minimum, the same information required
in the proposed approach described
above. The notice would also contain
the statement described above
indicating that the notice and the
information  contained in it was
generated in response to requirements
promulgated under section 120(h)  of
CERCLA. The Agency requests
comments on both approaches to  the
form of the notice required by section
120(h), and also requests submission of
any appropriate alternative approaches.
during the comment period.

III. Regulatory Analysis

A. Regulatory Impact Analyses

  Executive Order 12291 requires EPA
 to assess the effect of contemplated   .
Agency actions during the development
of regulations. Such an  assessment
consists of a quantification of the
potential benefits and costs of the rule. .  ,
as well as a description of any
beneficial or adverse effects that  cannot •
be quantified in monetary terms. In  ,
addition. Executive Order 12291 requires
 that regulatory  agencies prepare an   .-
 analysis of the regulatory impact of
 major rules. Major rules are defined as
 those likely to result in:
   1. An annual cost to economy ofrSlOO.
 million or more; or              ~  .. :•
                           2. A-major uaea«e wcoeU oc prigei,
                         for consumers or individual industries*
                         or          --••-....
                         :  3. SignififiHnradverteTBf fects on ' d
                         competitfonrtfrnploymein; investment,
                         innovation, o? international trade. '
                           Because this proposed' rule affects *
                         'only agencies, 'd£partnicints.i>r  ' •
                         instrumentalities of'ihe-UnitedStates;
                         no formal Regulatory frffpacrArialysis
                         was conducted HoweVer7 EPA has-
                         attempted i6 a
                         costs 01 the BWJpo
                         several 6f the 'po8sibJe
                         alternative's. As*^rbpb'seH.-the" '• * '*-
                         regulation* WbuM cBaf the^goVemmflMf- '
                         approxmialely #Oo.ttt>lH**ear/If tfie *
                         proposed notice exclusion" *» rOfdehlial
                         properties is not included, thfe'-cost-ptef '
                         year to the gpVfemmenUr approximately
                         $2.ooo.Od6Vfen Increase of approxtmatet?
                                                      1  '  "'"
                                       ,-,.  .-	,
 instrumentalities qf-theUnitedStates..
 no regulatory flexibility analysis is,, ,,
 requireATherefore, EPA certifies that
 the rule will not have significant  ,
 economic impact on a substantial
 number of small entities.

 C. Paperwork 'Reductibn Act :'
i        — -	- - -  ,r/
    This proposed nitaonly^affects- -
 entities of ibe Federal government.
 Therefore,  tfaeirepbrtingflad notification
 requirements contained in^this rule are -
 not subject to approval by-the Office of
 Management arid Budget (OMB) under  .
 provisions of theJPaperwork Reduction.
 Act-otl980.44 U.I	   '
                          IV. References  '
                              *»>'   ». *   IL. ._     _    ._    - ,-
                            (1) U.S.EPA. "Babkferound Document for
                          the Federal ReatrRrapertyTransfer -•
                          Regulatitififf at Authorized by section 120(h)
                          of the Comprehensive Environmental..
                          Respdnse,
                                                               •373.4,
                                                                  AuAottt^ Stfcnajjhjjrf-rt*-' vii'.A ,?
                                                                Comprehensive Environ«ient'aHta»part»«na)
                                                                amended. 42 U^.C. 9601 ef ^eg. .

                                                                5373.1  General requirement,  r1
                                                                  Effective October 17^ 198d.' whehewr ",
                                                               - any department, agency, or
                                                               3 instrumentality of the Uni1§&6tIte*8TC»c? "
                                                                enters into any.coQfcafityfpr tegfatapj^
                                                               ' other I
                                                               i owne
                                                                which any haaardfluapubsfaneftw^, nt
                                                               . stored foe. one yeex or«n>w8f.Jg»qfj{B1JWn i;
                                                                have been reteM#i>
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85*     _    Fedaal Reyator / Vol 53.  Nag /Wednesday. January 13. 1968:/ Proposed Ru>»
 more oT hazardous svbotaace* appBe*
 only when hazardous substances are or
 have been stored in quantities greater
 than or equal to lOOOkitograois. except
 that hazardous substances that are also-
 listed under 40 CFR 281-30 as acutely
 hazardous wastes, and that are stored
 for one year or more, are subject to the
 notice requirement when stored in
 quantities greater than oreqtxat to one
 kilogram. '

 $37X3  Contort of notfc*..
   The nc4ior required by 40 CFR 373.1
 must coatau the fallowing infcnnati0a:
   (a) The name-of tfafchazanious.  .
 substance: the Chemical Abstracts
; Services RegUtry Nsxaber fCASRN)
 where applicable: the regulatory
 synonym fortheJnzaniom aubstante.
 as listed i*4»eF* 30K4t where
 applicable^ the-RCRA hazjBrdon* waste-
 number specified »4O GPR 201.3ft
 where applicable: the quantity in.
 kilograms and pounds of the hazardous
 substance that has been stored lot one
 year or more, or released or disposed of
• on*the property, and the date(s]rthat
 such storage, release, or disposal took
 place.
                                         (b)The following statement
                                       prommentiy displayed: "The
                                       information contained in this notice is
                                       required under the authority of
                                       regulations promulated under section
                                       120(h) of the Comprehensive
                                       Environmental Response. Liability, and
                                       Compensation Act (CERCLA or
                                       "Superfuad").
                                       537*4
                                         For the purposes of implementing this
                                       regulation, the following definitions
                                       apply:
                                         (a) "Department, agency, or
                                       Instrumentality- mean* those entities- or
                                       organization* created or chartered by
                                       the legislative, executive or fvdiciai
                                       branches of the Federal government.
                                       including those-corporations that are
                                       chartered by the Federal government
                                         (b) "Hazardous- substances'* means'
                                       that group otsubstance* defined at
                                       hazardous under CERCLA section
                                       101(14). and that appear at 40 CFR 3O2A
                                         (c) "Storage" means  the holding of
                                       hazardous-substances  fora temporary
                                       period at the end of which the
                                       hazardous substance is either used
                                       neutralized, disposed of, or stored
                                       elsewhere.
  (d) "Release1' is defined a* specified
by CERCLA section 101(22).
  (e) "Disposal" means the discharge.
deposit, injection, dumping, spilling.
leaking or placing of any hazardous
substance into or on any land or water
so that such hazardous substance or any
constituent thereof may enter the
environment or be emitted into the air or
discharged into any waters, including
ground water.
  ff) "Complete search of agency files'*
means a thorough review by the
transferring agency of any and all Tiles
and records, including archives, held by
the agency and parent agency relating to
the present and past useUJ-of the real
property being sold or transferred The
transferring agency must search the
areas where fifes relating to the history
and use of the property are normally
kept, with particular emphasis' npon-
records held or obtainable w itliuut
undue burden that relate to the
environmental compliance obugatians-of
the owner of the reakty as discharged by
or on behalf of the agency.
[FR Doc. 88-601 Filed 1-12-Uc 8:45 anf *

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