&EPA
                    SWIM
                 Environmental P'
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261  SUBPART D - LISTS
DOC:  9444.15(85)
Key Words:    Solvents, Listed Waste

Regulations:  40 CFR 2613(a)(2)(iii)

Subject:      Regulatory Status of Nalcast 6015/Water/Wax Mixture

Addressee:    Martin H. Lewis, Smith & Schnacke, Suite 2250,
              40 S. High Street, Columbus, Ohio  43215-6199

Originator:   Eileen Claussen, Director, Characterization and Assessment
              Branch

Source Doc:   #9444.22(85)

Date:         6-24-85

Summary:

     The letter discusses the regulatory status of a spent solvent mixture
(Nalcast 6015, water and wax) and residue from a water-wall paint spray booth
in which solvent-based paints are sprayed.  The letter states that regulations
proposed on April 30, 1985,* will subject Nalcast 6015 and other spent solvent
mixtures containing more than 10 percent of one or more listed solvents to
regulation as listed wastes.  Solvent-based paints are not listed hazardous
wastes, nor are they included under the spent solvent listings.
* The December 31, 1985, FR notice (Vol. 50, No. 251, p. 53315) finalizes the
  proposed regulations.  Solvent mixtures are now regulated if they contain
  10% or more of F001, F002, F004, or F005.  Mixtures containing F003 solvents
  are regulated if they contain only F003 solvents, or 10% of F001, F002, F004,
  or F005 and one or more of the F003 solvents.
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9444.15 (85)
J1424 85
Mr. Ptartin 0. Lewis
smith Schnack.
Suite 2250
41 . digh Street
Columbus, Ohio 43215—6199
Lmar Mr. Lewis:
This letter responds to your inquiry of June 14, 1985,
regardinQ the regulatory status of a solvent mixture ( 4alcast
6015, water and wax) and residue from a water—wall paint
spray booth in which solvent—based paint, are sprayed.
Pirse, you are incorrect in stating that P4alcast
6013 (used in the removal of wax) is considered a process
waste when intended to be discarded. Since Nalcast 6015 is
used as a ‘solvent’ (i.e., to clean wax from tal parts) it
is considered ‘spent solvent’ when it has served its intended
purpose and can no longer be used without furtner processing.
However, you are correct in stating that under the current
hazardous waste regulations, spent solvent mixtures are not
regulated, unl.ss they exhibit one or mor. of the characteristics
of hazardous waste ( i.e. , ignitability, EP toxicity, reactivity,
and corrosivity).
At thi time, the spent solvent listings pertain only
to the techniasi grad. or th. pur. form of the solvent,
thus, solvent mixtures remain unregulated, on April 30,
1983, the Agency proposed to close thi, regulatory loophole
by expanding the universe of vastis considered ‘spent solvents’
to includs solvent mixtures containing ten percent or mre
of on. Ct me s listed solvents (See enclosed Pe ral Register
notice). thia rule becomes final, Nalcast 6015, when
spent or dLaSaxd.d, will be considered a listed hazardous
waste. Im additjoi’i the Nalcast 6 015/water/vax mixture also
will be considered hazardous waste based on the provision in
the mtxtur. rule’ (40 CFR 261.3(a)(2)(&jj) which states
that a mixture of solid waste and hazardous waste is considered
‘hazardous w.ste.
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3
Witb;r.pset to the wmt.r—well spray booth residue,
tha wastr. ot.. hazardous vests unless they exhibit one
or rs of thc azaetsrtstics of hazardous waste. As you
correctly sta , alvent-baeed paints are not listed hazardous
waste when- dL$Cardsd nor ar. they covered under the spent
solvent listings. The listings do not apply to waste
streams whsr solvents ar. a contaminant.
I trust that this letter ad.quately responds to the questions
raised in your letter. Should you have additional questions,
pleas. call Jacqu.Iin. Sales, of my staff, at (202)382—4807.
Sincerely,
8tlsen Clausuen
Di r.ctor
Characterization and
Mse 5s nt Branch
Inclosur e
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Federal Register / Vol. 50,
No. 251 / Tuesday, December 31. 1985 / Rules and Regulations 53315
OATU This amendment is effective
October 18, 1978. as provided by law.
F R FURThER INFORMATION CONTACT:
Robert M. White, Chief. Regulations
Staff, Compeusaticis and Pension
Service (211B). Department of Veterans
Benefits (202) 389—3005.
SUPPLEMENTARY INFORMATION: On p i e
28224 of the Federal Register of July 11,
1985, the VA published a proposed
amendment to 38 CFR § 3 315(b) to
correct a previous oversight with respect
to loan guaranty eligibility for Vietnam
era veterans Interested persons were
given until August 12, 1985. to submit
comments, suggestions or objections to
the proposal. While no official
comments were received, a claims
examiner from the VA s New Yorx
Regional Office identified a technical
error in the publication and suggested
that a pertinent cross.reference be
added.
The published proposdl to amend
paragraph (b) inadvertently ended with
the United States Code citations for
paragraph (c) which is not being
dinended This error has been corrected
in the final rule.
It was suggested that a cross-
reference to the minimum act.ve duty
service requirements of § 3 12a might
also be appropriate We agree tha such
an addition is desirable for purposes of
clarity and have amended the final rule
to alert VA adjudtcators to that
requirement
The proposed rile has been adopted
with the amendment noted above
1 he Administrator hereby certifies
that this regulatoiy amendment will not
have a significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
F axibility Act. 5 U S C. 601—612. The
reason for this certification is that this
amendment would not directly affect
any small enhites Only VA
benef ciarips could be directly affec’cd
Therefo-o, pIJr uan( to 5 U S C 605(b).
this ,irneridm .nt is exempt from the
i,L’iai and fin, ) regulatory flex:bilitv
,es reguirPrrients of section 003
and 04 In dCcordaflce w:th E ecuti e
Order 12291. Federal Regulation. ve
have determined that this re ulator
amendment is non ’rnajor for the
following reasons
(1) Ii ill not have an effect Ofl tf ’e
economy of $100 million or more
(2) It will not cause a rrajfr nrr ,ise
in cods or prices
(‘3) ii will not ha ‘e sigrificant ..Jvei ‘c
rk ’cis on coinpt.tit’on. empIo T.nt
i’1ve t.mr’rit oroi )uct 2 vity innn liii or
on the a-lity of Ur,ited St ite -bj , tl
cn’erp os to cun e v. 11 )’ : e ’ n-
J enterprises :r :lo c.,ti.; or e” .p’)rt
niurL ? 3
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure. Claims. Handicapped, Health
care, Pensions. Veterans. Veterans
Administration.
(Catalog of Federal Domestic Assistance
Program number is 64.119)
Approve& November 27. 1985
By direction of the Administrator
Everett Alvares. Jr.,
Deputy Administrator
PART 3—(AMENDED I
38 CFR Part 3. COMPENSATION
AND PENSION, § 3.315(b) is revised to
read as follows:
§ 3.3 15 BasIc e6gtbIItty determinations—
dependents, loans, education.
. S I S
(b) Loans. If a veteran of World War
lithe Korean conflict or the Vietnam era
had less than 90 days of service, or if a
veteran who served after July 25. 1947,
and prior to June 27. 1950, or after
January 31. 1955, and prior to August 5.
1964. or after May 7, 1975. has less than
181 days of service on active duty as
defined in § 364301 and 38.4501,
eligibility of the veteran for a loan under
38 U S C ch. 37 requires a determination
that the veteran was discharged or
released because of a service-connected
disability or that the official service
department records show that he or she
had at the time of separation from
service a service-connected disability
which in medical judgment would have
wuiranted a discharge for disability.
These determinations ore subject to the
pr. ’sumption of incurrence under
§ 3 304(b). Determinations based on
World War U. Korean i onflict and
Vietnam era service are alao subject to
the presumption of aggra ation under
§ 36 306(b) while determination based
on service on or after Febru.iry 1. 1955,
.ird before August 5. 1964 i’ ifer M. y
1975. ire subject to the p;csumpt on of
avgr ’ I’.atton under § 33 O6(d) and (c).
l’he proi.islons of this paragraph are
also applicable. regardiess of length of
service, in determining eh ibility to the
maxirnunt period of entitlement based
en discharge or release or a servu.e-
cnnriccted disability (Sst. also the
ininimu’n service requiternents of
I 12a
I ‘,(‘ ib’. iJ(]7 i 319
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 281 and 271
IFRL—2947-13
Hazardous Waste Management
System; IdentificatIon and ListIng of
Hazardoua Waste
AQENCY Environmental Protection
Agency.
ACTIOIC Final rule.
SUMMARY: The U S. Environmental
Protection Agency (EPA) today is
amending the list of hazardous wastes
under the Resource Conservation and
Recovery Act (RCRA) by redefining the
universe of solvents considered listed
hazardous wastes. EPA is taking this
action to close a mna or loophole created
by the manner in which spent solvents
were onginally listed as hazardous
wastes. The effect of today & rule will be
to bring certain spent soi ent mixtures
under RCRA Subtitle C con trol.
OATES Effective Ijote- This regulation
becomes effective January 30. 1986. (See
Section IJ—E for further details)
Notification—The Agency has
decided not to require per’ ons who
generate, transport. treat. store, or
dispose of these hazardous wastes to
notify the Agency with in ‘io days of
promulgation that they are managing
these wastes. The Agency views the
notification requirement as unnecessary
in this case since we believe ihat most.
if not all, persons who manage these
wastes have already notified EPA and
received an EPA identification number.
Persons who generate. transport. treat.
store. ordispose of these wastes, and
have not previously notified and
received an identification number must
get an identification number pursuant to
40 CFR 262.12 before thi ’y can generate.
transport. treat, store, or dispose of
these .Yastes.
Interim Stotus — .Ali existing
hdzardoils vaste rar ’aat ’im nt 1 c’)itips
(as defined in 40 CFR 2702) which treat.
store, or dispose of hazardous cvasies
under :ntenm status (section 3005(el of
RCRA), must file with EPA a Part A
permit application Under the
Hazardous and Solid Waste
Amendments of 1984. a facility us also
eligible for interim status if it tvOs ri
existe’ ce on the effective date of arv
statutory or regulatory chan te u”der
RCR.\ that requires ii to ohia’n a section
3005 permit Facilities which ha e
qualified for interim status Lnder
secton 3005(e )f1 ((’\ j(j tI not be
tlr, ved to manage the ‘3 ’ . t es co erH
by today r ” fl t ter ! ‘1Ud’ 30 1 ’)tt6.
d5—Ji .i59 F l, Ii.- ‘ L’Z iS -i—i)
3JLLa .3 COCE ‘OZO-Q’ M
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unle9o th. 1 ’ have an EPA idenhficat1o
number and they submit a PartA permit
rpplication to EPA by January 30. 1986.
If the faciI y has recerved rpe, nt
pursuant to section 3005, however, it
will not be allowed to trea ato or
dispose of the wastes covered by
today’s rule until i submits an amended
permit application pwiuant to 40CFR
124 5, and the permit’ ha, been nrodified
pursuant to 40.CFR 270.41 to allow it to
treat, store, or dispose of these wastes
AD0RE3S g The official record for this
rtil rns k is. Located in. Roam, S-2i ,
U S. Environ n PotecrrAg .
401 M .StreepSW., We ztgton. DC
21)460. end. *aiiailalle for viewing from
900 a.m , te 4 j thzough
Frid y, (CL idigholW,y, 1
FOR COwrIc
The RCRi or
at ( l2) .383_3l Portechn
informatioecm g Jaquehn 5a
Offlcieo 3oUd WaM, WRi.sg U.
401 M
StreetSW.. (202)
382—477 .
SUPPLIMe 7 y INFORW ’io
I. Background
On April 30 1985, EPA. proposed to
amend the regufaUon ,fo, ha atd u&
waste mana em j under RCR. b
redefinuig the spent solvamtt l1ntin —
EP Han o Waste Nos. .F001, F0o2,
F0o F004 ,.and,F )$.,..to incl de .
mixtures contejnw t , percenL or more
total listed. so’vent (by volume). See 50.
FR 1.8376. EPAinit ,ate this action lo
Close ama os regtdalosij loophole
cre8tettbythe.m er Un which the
origina’ listtngs weredrafred fm. only
the techrncalgra practical grade, or
pure form of the solvents were covered).
The Agent y listed thiisesojve , tsas
hazardoue waste based.on.the, toxicity.
mobility, and persistence in the
en’, tronman (and in. seme eases,
ignlthbifltyj Also, spent solvents. have
been involved in hazardous , waste
darriage incidents more frequently than
aiiy other type of waste. In establishing
a regulatory’ threshold for solvent
m .’tures, the-Agency aLtempted to
determine th concen ati at which
solvents are known to canse damage to
human health or the environment, Since
the Agency has not yet developed
health-based thresholds for many of
these solvents, however, we sought to
establish regulatory ihresholds for
mi> tures baseclon considerations other
than rr.lnimum concentr3(i ,,s of
solvents that can cause adverse health
rects. Thus, the Agency proposed to
pand the category of spent solvents
nsidered hazardous wastes. to include
spent solvent mixtures containing ten
percent’ or n or(b volume of tatak
listed solvents. As a point of
clarification, the ten percent threshold
applies to olvenrmixtw ’es, before use.’
The Agency believes that estabflshinga
threshold level well below the mnTimum
solvent e ation typicaI used [ a
solvent formulattrzn&would bring the
majority o solvent mixtures used in,
commerce into the hazasdoua. waste
management system, while excluding
dilute mixtures or do mrn,mjs
concentrations. Furthermore, Agency
data demonstrate that at these
concentrations these solvent, .aa
known to cause substantial harm to
human heak . As noteiJaboye the
eaoy ba.ne deveLoped. ib .b
standards or regulatory thresls.kLs for
all of the listed solvents. See 50 FR
April 3O 198& ‘The teve a by
today’s rule is an. nter maneuye anc)
may be modified-or sirperceded when
woik on the Toxicity Characteristic , 6
compfe ted. 2
In addition, the Agency proposed to
renumber tha list.of solvents by deleting
Fooz F0o3 F002 FOOS, and. modifying
Fool to include alt solvents formerly
Irstec? as F0?ffireugJ F J We
specifically requestedco z g 0
whether solvents should be ?fsted tinder
a single hazer çesten ,m or
wheth€ ñelege,tafed solvents should be
listed separately from noi .he1ogenated
solvents. TheAgency also uwlted
comniantsoe whether we-should
COntinue- to list a hazardous wastes
solvent, which Originally were listed
solely on the baei af than i nitabthty
(F003 ..
e receiv.d a. numbe, of comments.
on the proposed listing. We have
evaluated these comments and revised
the rule and the crtgmal background
document to the solvent listing
accordmg ly_Thfs notice makes final the
rule proposedo April30, 1985, and
outlines A’ response to major
comments ce retf during the 30-day
comment ’penofJ Comments received on
the followi:ig issues ard the Agency’s
responses appear In he revised
background document, whith is
avai:able i rs the public docket for this
rule—f l) process wastes containing
sol ents, (2 effect a soIvents on hners,
(31 human health. effects pored. by
solvents. (4) expressIon olsolvents by
vol mevers weight, and (5)1 fermat of
the listing. The fl al rule partially fulfills
EPA’s ebl gat rsu , the Hazardous
and Solid Waste Amendments o ig
(HSWA), Whichrequi MPA to
consider whether to list adthtronat
wastes, including additional solvents, as
hazardous withjmi5 months ef the date
of enacxnient ( ISWA sectiea2 a);
The A pr d .to.add four
additional sotventa to the list a!
hazercfous wastes (Sea 50 FW3O9O8. July
30.19851. When, that proposal becomes.
finaL the tan xant thres ofd wilt also
apply to m durea containing these
newly re la d solveiit as weU as. any
additional SOl flt&Lj5tetin,th future
II. Response to Q,mment
Comments were submitted. by
generators, trade aaaeesat , ,pj, State
regulatory agencies, and
enviren en J ,t, Thig secfloi outlines
tIre major comments and provides
responses, Asstated’e ,+i ,., other
comm enta .are adèesseá the’ revised
background document.,.
il. Clarification of the S ’cope of the
Speni Solvent Listings
hr a’frh r
dupe m peneô for this rule.
the gan ha. recewect asmerous
telepb mquines re ng pre
interprepatfor. o the’epent
listings (i.e., the scope and
applicabilLty ‘Thus m respoese to these
comments,th. Agency is. clerifymg the
universe-of west, eredby the harmg
We be lie ,, this will aid generator, and
trme sromge amid disposal
faciltttesfn detecnlning whether
solvertr-beorjng wastes (including’
solvent m xtui’es)’ handled or genera ted
at tPIe,r facility will be regulated as a
result of this rule.
First. the spent salvent listings cover
cmhy those solvents that are used for
their “solvent’ properties_that is, to
solubilize (dissolvej or mobilize o:l”er
consnrtjents. For example, soivents used
iii de reasing , cleaning, fabric scouring,
as diluenig, e.\tractantg, reaction and
synthesis media, and, similar uses are
covered under the listing (when spent)
A solvent is considered ‘spent” when it
has been used and is no longer fIt for
use without being regenerated.
reclaurr-ed or otherwise reprocessed
On the other hand, process wastes
where solvents. were used as reactants
or ingredients in the-formulation of
commercial chemical products are not
covered by the listing The products
themselves also are not covered, See the
origip. t sol’,enut listing bdckground
5 46 Ee aI Wegia ee / ‘ oI. 50, Nos 251/ Tuesday. December 31, 1985 / WuIe& and Re
it, c . aea (su,ch entoec,mr.m acttung) wheit
he remui,aiorl statUS 01 aseer ’solveni r ’ iIxture
Containing listed aokent j questior,able tie
Agency con ider, the wa Ste to be the ’I,g, — waite
u :ess the g&’..irator can pr’; . hit the si.- .n
ioker,t mL.iure c JnIane ecs titan t 5n err ,’ -t
t .jta istei 3 1.iients The Aaecs y I..ke ti positon
based oil d.i ’a t hich indirare ‘1-01 okpr r iiiniu
us, ,d in Lurn,ierce tvpicjik (.ui’.Ort ‘Cr ih,in pn
percent tulal cok&nis
The a.’rlcy ni.’nd , ii pr pose to e. ‘aird the t P
Ir,i ,iCil, ciii, rrrc ’ r i ir,n the rpi s i. nc-nibs
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Federal Resister / Vol. 50, No. 251 I Tuesday. December 31, 19a5 I Rules and Regulailons 17-
document (November 14, 1980) available
in the docket.
Since the threshold level promulgated
today is not based on health criteria, but
rather on typical use patterns, we are
not applying this threshold to all wastes
that may contain one or more of these
solvents. Instead, we will rely on the
expansion of the EP toxicity
characteristic to bring these waste
streams into the hazardous waste
management system.
B Applicability of the Ten Percent
Threshold Level for Solvent Mixtures
The majority of commenters support
the ten percent threshold level. In
addition, no one questioned whether
these wastes are hazardous. However,
several commenters suggested that the
Agency develop health-based thresholds
which would be protective of human
health and the en ironment,
The Agency agrees with the
commenters; however, at this time, we
do not have the benefit of pre-
established health-based thresholds for
many of the listed solvents Accordingly.
this rule does not define the minimum
concentration at which mixtures are
considered hazardous, rather, it expands
the category of materials considered
“spent solvents” to include certain
mixtures containing one or more of the
listed solvents.
Another commenter stated that the
ten percent threshold will relax current
hazardous waste management practices
since many persons in the regulated
community have interpreted the solvent
listings to include all solvent mixtures.
The Agency does not agree with the
cornmenter. Agency data indicate that
the ten percent threshold will capture
the majortiy of soI ents (mixtures) used
in commerce simply because it
represents a level well below the
minimum concentration that is needed
to impart the characteristics for which
sokvents are used. Also. the Agency
believes that solvent formulators cannot
successfully reformulate below the ten
percent level and retain the desired
c.haracterjstics of solvent mixtures.
In addition, one commenter asked
whether the ten percent threshold
applies to solvents listed solel} for
ignitabiluty (1 e. F003).
When EPA.proposed the ten percent
threshold t or solvent mixtures, we
included the ignitable solvents. The
Agency has determined. however. that
these solvents may not be ignitable at
such low concentrations. Since the
Agency hds not evaluated these solvents
for their toxicity. we are not applying
the ten percent threshold to ignitable
solvents.
C. Renumbering of EPA Hazardous
Waste Nos. F Xfl-#D25
One commenter stated that
renumbering of the listing will increase
compliance costs for persons generating
and handling hazardous waste due to
the cost of relabeling containers,
ratraining workers, and revising
hazardous waste management plans..
Another commenter stated the
renumbering would cause confusion in
the future when annual reports, data
mar,’f sts, transportation and storage
logs are evaluated and compared with
past records. Several commenters are
also concerned that workers handling
these toxic or ignitable solvents would
be unaware of hazards posed by the
waste (eg., corrosivity, toxicity or
ignitability) if all solvents are grouped
under a single waste code. Another
commenter stated that many TSD’s are
“permitted” to handle only chlorinated
solvents (FOOl and F002). Thus, if all 27
solvents are listed under a single waste
code, these facilities would face
difficulties in distinguishing non.
ignitable solvents from ignitable
solvents (F003) which they may not be
equipped to handle. Several comnienters
also stated that halogenated solvents
should be distinguished from non-
halogenated solvents because of
differing ma gement standards.
In considering these comments, the
Agency has concluded that renumbering
may not accomplish the objective for
which it was initially considered—that
Is, to simplify recordkeepirig and
reporting for those who generate and
manage these wastes. Rather,
commenters have indicated that the
proposed change will increase
compliance costs and cause confusion in
recordkeeping. In view of these
concerns, we are retaining the original
FO01—F005 listings. Therefore, for
purposes of recordkeeping and
reporting, notification and manifesting,
generators should specify each solvent
constituent in a mixture, provided that a
particular solvent Constituent is not a
contaminant or present in de minions
concentrations.
D R ,’u1ot,on of Ignitable Solvwits—
P003
Sever, l commenters were in fa.or of
d . letirg ignitable spent solvents (F003)
from the ‘st of hazardous wastes. They
stuted that these solvents also are
considered ‘ hazardous waste” under the
characteristic of ignitability: therefore,
the Lsring is duplicative and
unnncessary One r.ommenter. howe er.
futored retaining the listing because
mdn small facilities are not likcly to
i cess to flash point U’stinq
Although the commenterg are correct -
that ignitable spent solvents would
exhibit the ignitability characteristic.
these solvents are likely to Contain other
toxic contaminants. in fact, solvents
become spent when they have been
contaminated with other materials (i.e.
toxic heavy metals, or toxic organic
compounds) and must be disposed,
reprocessed, or reclaimed, If we were to
remove these solvents from the list of
hazardous wastes, we believe such
action would conflict with the spurn of
one of the new requirements under the
Hazardous and Solid Waste
Amendments of 1984. In particular, the
Administrator is required, in evaluating
delisting petitions, to consider factors
(including additional constituents) other
than those for which the waste
originally was listed if there is
reasonable basis to believe that the
waste still may be hazardous. (See 50 FR
28742, July 15, 1985.) Although this
provision discusses generator.specifjc
delisting petitions, we believe it
consistent to make the same finding for
a generic delisting as well. since such
action ordinarily has far more potential
impact on the environment than a
genera tor.specific delistlng. Thus, since
spent solvents reasonably are likely to
contain other toxicants at levels of
regulatory concern, and since we have
not evaluated those wastes for these
other toxicants, we believe it
inappropriate to remove these solvents
from the hazardous waste list. Rather.
persons who wish to delist these wastes
will need to submit a site-specific
delisnng petition pursuant to the
provisions in 40 CFR 280.20 and 260.22.
£ Effec:,ve Date
Several comments were received
regarding the “effective immediately’
provision of the rule. One commenter
stated that the effective immediately
provision is appropriate; however.
several commenters slated that industry
needs time to comply with the rule They
specifIcally stated that smaller
companies or newly regulated facilities
will be burdened by the provision
Companies need time to train personnel.
and to design and build hazardous
waste storage and processing
equipment.
On November 29, 1985. the Agency
promulgated .i final rule to regulate
waste and used oil burned for energy
recovery in boilers and industrial
furnaces (see 50 FR 49164). These rules
prohibit the burning of hazardous waste
in non-industrial boilers, including used
oils adulterated by mixing with spent
chiorina ted solvents.
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53318 Fj., ate, Vol. 5 Na.. 25% T Iduy. DeceraL at. 19 I Wa?e9,aa Weg&a Ie
Wa balâave theeff.ctãv ,s 9 of L i i .
rules.oa, barnin ion adeetpfaj
boilasa wilL be red if selv i
n ztuze& ram o. u egi 1ate , - -
Generators, ha. to
commingle these icLvea1i -w wait,
oils deskned Based
on the toxiciiy oI’c l ’faatet
compoun , the Agency is concerned
with possib adverse health effects
po8e(r by the buznixig of these wastes.
Ih balancing both of these concerns.
the agerrey is establIshing as effective
date o(thirry days for this rulemaking.
NThis shuuP ! allow generators adequate
time to come into comvhance an4 wilt
stlWstrpport the o&eofthe-rul,an
Ba mwr, fl7th tJ,a} boilers The
aboerea , p good cause
urwiep -tfy ..etTee,f,e date sectfca of
RCRA. 41V3.C 6900fbJ ’and the
Admrnjstps ave’ Preeedure Act. 5 U.S.C.
5531’.
m. EIr. o [ Toda ’, Aetio..
Today s ndment - will close a
major regiistwy loophole which allows
tn ic solvent mutuzes to reman?
un .iated paTsene genera Itrig.
tea lm Stan ag. tiazwporting.. or
disposrr 04 the wastes will be subject
to the appro rat, requiremen under 40
C ’R Pare 26 Gt 271 .Ejfectjve in thirty
days wasteacoveled by today’s
r iemak a m et to the
requirements for transportauerp storage,
arid disposal of ha diU waste.
IV. Re alatory tmpavt
Under Executive Order 12291. EPA
Must judge whether a’proposedor final
rule is majpr” and. therefore subject- to
the requirement of a Regulatory Impact
Analysis. This final rule is not a major
rule because it is not expected to result
in an effect on the economy of $100
m!lliorr or more. Although some
generators may be newly regurated, data
frOITY the RCR notification data base
indicate that many solvent genera lois
also
wastes The Agency believe,, therefore
that (he
are already regulated under RC1 A
Some of these generatoren .
experience increaeethegulato,y
requ1rement however. many generators
of solvent mixtures are currently
regulated under State hazardous aste
regulations
The Agency hascompleted an mitial
analysis of the potentia’ irr.pacts of this
ru!e. (No comments were received on
this analysis. The analysis indicates that
worst.case costs may be substantial, but
they are expected to-be experienced by
only a few generators. There wilt be no
adverse impact on the ability of U S.-
based enterprises to compete with the
fore u.beaett enterprise, iadomesø . or
export markets. Sing. tttM amendment i
not a major ae aIation. no Regulatory
Impact AneIyszs .is beinaconrjucte&
This amendment was submitted to the
Office of Management and Budget
(OMB7 for review as required by
Executive Order 12291.
V. Regulatory Fleidbllltyr Act
Pursuant to the-Regulatory Flexibility
Act, 5 U.S.C. 601-812 whenever an.
Agency is required to publish a general
notice ofre nafdrrg- for any proposed or
firmetrefe, thmusr prepare aild make
ava Ia5fe forpub cnmerit a
regulatory ifexibrilty aiTalysiswblcir
cfe,crr e, tof e- on small
entlttes’fre . email businesses. semi?
organ,zatioes and small ger .me
jtfcn,j The
certiFy howevei’ that the rukwitr,
havsignifi p eeoeomnyie impact air a
substajnm nam ero?,mefl enti ties.
Aitheugi, semne .generato,, will be
newly regufa ted and some will
experiery afl increased regulatory
burden, this amendment is not e tpeeted
to have a sIgTii9icanrecon 1 impact
on a substantral number of small
entuttes. The ma,orft ’ of these
generator, are already regulated tinder
RCA and many are regulated under
State hatard g waste regufationsThs
regulation, thepefoi.e, does ot require a’
reguratery ftexthility analysis.
VT. Pagenvork Reduztioa Act
Thie rule doeano contain any
informs collection reçuiremern,
subject otOM rav,ew under the
Paperwork Reduction Act of 1980; 44
US C. 3501 et’seq
V II. Comprehensive Environmental
Response, Compeneatioa, and Liability
Act (CERCLA Impacts
The solvent z n’e , designated as
hazardous s by todays rule become
haz td u 5 sebstances under the-
Comprehenswe Environmental
Response. Compensation, aii Liability
Act of 191 10(CERCLM (See CERCLA
section 101 ( 14.).) CERCLA requires that
persons in charge of ‘ essela or facilities
from which hazardous substances have
been released in quantities that are
eqial to or greater than the reportable
quantities (RQs) immediately notify the
l ’ attonaI Response Center for release
(See CERCLA sectiorr 103 and.5 (?FR
13458—13522. April25, 1983.)
The final RQs for the soLvent waste
streams (i.e. F0O1-FOO5yand the
individual solvent constituents were
published on April 4.1985, see SOFR
13487) According to this rule, if the
waste has more-than one constituent of
concern, the lowest RQ assigned to any
one of the’ constftuent, present In the
waste represents the RQ for the waste-
stream (se ,5OFR 13483g.
A. rSICZbIF? of Ru/es ‘nituthorpzed
States-
Under section 300 of RCRA. EPA
may authoriz, qualified States to
admirasterand enforc, the RCRA
program within
Part 271 fos the standards and
requirements for authorizatIon).
Following authorization, EPA retains
enforcement astliw ly’ wider sect tons
3008 ahI P3e!Yof C 4 although
authorized States Fisie prirmn-y

PWor Ca t e Haaardnos and Solid
Waste Amendments of 1984 (HSWAI. a
State with fInal authorfzati
administered its hazardous waste
program entirely ialieu.oSEPi
administering-the. Federal program in
that Slate. The Federal. reqwzements rio
longer applied in the auhorizedSeite,
and. EPA aouJd not imee penciLs for any
facdMnea. that. the Slate was authorized
to-permit Whes new, more stnagunt
Feèza& requirentents were psosuilgated
or erietec . the a1e war obligort to
enacteqnii iri j enthonty wi in
specified time frames. New. Federal
ri takeoffect in an
authorized Stew nolmith, Staleadopted
the reqwrement,a, t, la
I i, contr,,st , minds, section )OefgJ- of
RCR4 4 t iC ’ 6926fg new
requiremeii a pm j imposed
bytheHW keeff irratithorired
States arrhesame-tlmethot they take
eff ct in rianauthor izedStates EPA is
dfrected to implement those
requirements and prohibitions in
authorized States, including the Issuance
orpermits_ 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 I-ISWA applies in
authorized States in the interim.
Today’s.rule us.pcomulgated pursuant
to Section 3OO el(2} of RCRAa
provision added by the HSWA.
Therefore, it is being added to Table I iii
§ 271 lIt), which identifies the Federal
program requirements that are
promulgated pursuant to the HSWA.
and that take effect in all Slates,
regardless of their authonzanon status
States may apply for either interim or
f’.nal authorization for the HSWA
provisloas identified in Tab lç . as
discussed in the following section of this
preamble.
-------
Y . No. 2$,1 / Tuseda Oaemb 31. I Rt les a le 1 3$ g
B. Effect on £ia th ea w
Ae noted abve. A iI sii
todsyte rule 4n th zirâ StMe, tfl
they modify their pro ama to aâ pI
theeeTu}es , and the ,dlIlcatlon is
approved by ‘A. nse the i e is
pro d , 11 nt1o ’the P WA.e
9t teeebn itftng a modification
may app’y to rece e eith ertm ar
finaL authoricafion under iecfton
3 gJ?ZJ or 00(b), se tlvnly . o e
basis a! eha8e,mlheteie
eulM mIi IIy eot r eqth’elesstlo
EPA ’s. The edwee andechedule for
Stale pro am ‘modillarfion. wider
section j n 9 are de,afbed m40
271.Zl. The some psurioduzheuld
followed for section 3006(g)(2).
App)ylng ‘121fe)(2l. States that
have flnal.authecizatlonmuat modify
their ’ rll.ma within a year of
promul afion of Ws r gidafieos If
only regulatoiy’chaiige. ase necessary.
or within two-years of promai ahon if
statelciry cben s are necessary. These
deadlineacan be extended in
r,(ceptonal cases (40 R Z712? (e (3N.
States with authori d R RA
pw rum3 oLread ’ may have regula bone
simi}ar.lvthose’in today ’si’ule. These
State regulations have navbeen.
assemed against the Fedesatsegulahons
being promulgated today to determine
whethertheymeet the tests far
authonsation. Thus, a State is not
authortzed’to implement these
regulatiunsin lisa of EPA until the State
program niodificasien is approved.
States with existing reguLations may
continue to administer and.wiforce their
regulations as a mstter of State low. bi
Lmp1e u edmg the Sederal program. EPA
‘ .‘ül work with Stales under cooperative
agrewnent, to minimize doplication-of
efforts. En many cases EPA will be able
to defer to the States in their efforts to
implement their programs, rather than
take seonrate actions under Fedc:al
authority.
States that subnut official epplicatio’is
for final duthurization less than 12
months .after promulgation of EPA’s
regulaticine may be appa,ved wcthout
indudinganguliationa equivalent to those
promulgated. However, once authorized,
a State must modify its program to
include regulations substantially
equivalent or equivalent to EPA ’s within
the tune periods discussed above
Lirt a! Subjects
40 CFR Pert 261
Hazardous materials. Recycling
•W CFR Part 271
nfaiiaation. Ma idoua ma w nds
troriaporta Ea.&huuithuwiwaiIs. In d ian
ianr nte.gus antaI ndatio .
Penalties. Retth4and.recordkeeping
requirements, Water ut1vn ontro1,
Water a i jply.
Uated December 23. 1985.
La. M. Thai.... .
Admin, jntar.
For eansere set out.in -the preamble. 40
CTh Perta 201 and V1 are.amended as
foflows
Part 2S1-mE CAflOW AN
US’flNG OF’H OtIS W TE
1. The authovily.citatton1or.Pert2 i
continues to seed as
Authorfty Sec.. 1008. W02 s). 3001. and
3002 of the Solid Waste Dtapos Act, as
amended by the Resource Conservation and
Recavery Act of 1976. u amended (42 U.S.C.
690 . 691(a). 68 , and 69 J.
2. 4O 2 l31 is omended y
revtsu EPA Hn toua Waste Nov.
Foot. F0O! P003. P808. and F006 to read
as follows:
281.31 st.s omaas-
• . • 4 •
S M
a
stes N
a i s
?
—.

wlElN
.
om
owe
- =
an
— I
n a oi, op.
SM I , 1101 . .L
is Will iC ITDSJSi/
- bsllis-,s ,
crop ems isom owe r.n4
— is
— iCSMl
,__a_i_,ll.
01 eli ism ncrW o.
5illi . a’d I
an n .
55. . , q
.
SM SM
bSM ms from el.
01 ellis owe SM.
owe
ti).
FOOd
I
Ths
.o0 msw asSM SM
— SM
WWP 1!is
w-. ’
an
sull.m mom L
-_ 01
-
el NtrU-O Ne - -FOOt
FO & SM sl .
from ems . , 01
s isSM
dan ua i s
coos


Th. i -
an -
SM
w - Wiis
--
i ,sSM — .
or n s . .e ) 01
-ow or — 01
il—
dO
- FOOl SM 001.
01
i l ls. O - V
— isLn .mI
It)
. . . . .
PART 271—REQUIREMENTS FOR
AUOR TIC1I OF STATE
HAZARDOUS WASTE PROGRA%$S
3. The authority citation for Part 27 1
cor .unuas to read as follows:
Authorlty Sec 1008 200Za . and 3006 of
the Solid Wost Dlspos.I Act. as amended by
the Resource-Con .ervalioit and Recovery Act
of t w a. as amendedI{ 1J.S C. 6905. 89T21a 1.
and 6928).
4. Section 271.1(j) is amended by
adding the foLlowing entry to Tabie I In
chronological order by date of
publication:
211.1 Purpos. and scope.
• . S S
I-
us SM
FOO l
F0c3
Co
in
Th. fcaos# — PMo SMd
e m
lib-
oe t
11 1 UIUis.s401.Jll , carccr
SM 01 liislid
is Ws. .
seni n ’ttl 5/blu. .5 ,0 m
S—n i.sa— . 0 5*0 .5
liS. S ‘is 1110 p 110015 id
mom (Dy *11) 01 cris or
01015 5 5
is sobe .11
01 FOG, SM
cco s e SM batuom ftøm
e m s 01 tess ll
__ SpSl is.sm
Ths-l 4-i fl&, 5 .. ’ . . J
c1yoM n or-
I II -0.islllOS ”-
vie d ..A.......I . I 2 2
v o.t 22 .Ol 5 .01ow.
C1I O -OkJ5,sL . . .. . i.. . I’d
&
WIll SOSMI an,ss/b11n01
cccI wIg. 05015 es. S
of tori ps n* or nor. (by
. v+um .I 01 or. or mom 01 01 ’
SOor . ’. tt oqsfaled i sm or
t?.C3i SO1 n OtM I i FOOl
FOOd a, FOO5 SM 501 bC
10115 11001 015 . y 01
M5I mOvit c ’winm am
$0.01 , 0r . 1 1 5
Adininmstratrve practice arid
(I) ‘
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53320 Federal Register I Vol. 50. No. 251 / Tuesday, December 31. 1985 L Rules and Regulations
TABI.E I —REGULATIONS Iupt.EuEN1’1 THE
HAZAROO1JS AND SOUD WAS ’T - AMEND.
MENTSOF 1984
Dais r r. d
Dec 31 195$ Amen n.,,i SpI4W Io eN hsiss95 10
asc# s lalvetsi VTis?lseS
)FR Doc. 85-30890 Filed 12-30-85.845 aml
B LLINQ COOC SSIO-8O -
FEDERAL EMERGENCY
MANAGEMENT AGENCY
44CFRPart64
(Doc st No. F(MA 6693)
Suspension of Community Eligibility
AGENCY: Federal Emergency
Management Agency. FEMA.
ac’norc Final rule.
SUMMARY: This rule lists communities,
where the sale of flood insurance has
been authorized under the National
Flood Insurance Program (NFIP). that
are suspended on the effective dates
listed within this rule because of
noncompliance with the floodplain
management requirements of the
program. If FEMA receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will be withdrawn
by publication in the Federal Register.
EFFECTIVE oa -i’es: The third date
(“Susp.”) listed in the fifth column.
FOR FURTHER INFORMATION CONTACT:
Frank H. Thomas. Assistant
Administrator. Office of Loss Reduction.
Federal Insurance Administration. (2021
646—2717. 500 C Street. Southwest.
FEMA—Room 416. Washington. DC
20472
SUPPlEMENTARY ip on * -no,c The
National Flood Insurance Program
(NFIP). enables property owners to
purchase flood insurance at rates made
reasonable through a Federal subsidy In
return, communities agree to adopt and
administer local floodplain management
measures aimed at protecting lives and
new construction from future flooding.
Section 1315 oF the National Flood
Insurance Act of 1968, as amended (42
U Sc. 4022) prohibits flood insurance
coverage as authorized under the
National Flood Insurance Program (42
U S.C. 4001—4128) unless an appropriate
public body shall have adopted
adequate floodplain management
measures with effective enforcement
measures. The communities listed in th’s
notice no longer meet that statutory
requirement for compliance with
program regulations (44 CFR Part 59 et
seq.). Accordingly, the communities are
suspended on the effective date in the
fifth column, so that as of that date flood
insurance is no longer available in the
community. However, those
communities which, prior to the
suspension date, adopt and submit
documentation of legally enforceable
flood plain management measures
required by the program, will continue
their eligibility for the sale of insurance.
Where adequate documentation is
received by FEMA, a notice
withdrawing the suspension will be
published in the Federal Register.
In addition, the Director of Federal
Emergency Management Agency has
identified the special flood hazard areas
in these communities by publishing a
Flood Hazard Boundary Map. The date
of the flood map, if one has been
published, is indicated in the sixth
column of the table No direct Federal
financial assistance (except assistance
pursuant to the Disaster Relief Act of
‘ 1974 not in connection with a flood) may
legally be provided for construction or
acquisition of buildings in the identified
special flood hazard area of
communities not participating in the
NFIP and identified for more than a
year, on the Federal Emergency
Management Agency’s initial flood
insurance map of the community as
having flood.prone areas. (Section
202(a) of the Flood Disaster Protection
Act of 973 (Pub. L. 93—234), as
amended) This prohibition against
certain types of Federal assistance
becomes effective for the communities
listed on the date shown in the last
column.
The Director finds that notice and
public procedure under 5 U S.C. 553(b)
are impracticable and unnecessary
because communities listed in this final
rule have been adequately notified Each
community receives a 6-month. 90-day.
and 30-day notification addressed to the
Chief Executive Officer that the
community will be suspended unless the
required floodplain management
measures are met prior to the effective
suspension date. For the same reasons.
this final rule may take effect within less
than 30 days.
Pursuant to the provision of 5 U S C
605(b). the Adrninistrator, Federal
Insurance Administration, to whom
authon.ty has been delegated by the
Director, Federal Emergency
Management Agency, hereby certifies
that this rule if promulgated will-not
have a significant economic impact on a
substantial number of small entities As
stated in Section 2 of the Flood Disaster
Protection Act of 1973, the establishment
of local floodplain management together
with the availability of flood insurance
decreases the economic impact of future
flood losses to both the particular
community and the nation as a whole-
This rule in and of itself does not have a
significant economic impact. Any
economic impact results from the
community’s decision not to (adopt)
(enforce) adequate floodplain
management, thus placing itself in
noncompliance of the Federal standards
required for community participation In
each entry, a complete chronology of
effective dates appears for each listed
community.
List of Subjects in 44 CFR Part 64
Flood insurance. Floodplair 1 s
The authority citation for Part 64
continues to read as follows
Authonty’ 42 U SC 4001 et seq
Reorganization Plan No 3 of i978 E 0 1212 ’
Section 646 is amended by addir.g in
alphabetical sequence new entries to the
table
§ 64 6 Uat of eligibie communities.
July15 19 ?S Eme’g .iari 1986 eg Jan .986 7aon I 974 .J . ,n 4 977 jar’
Suso ara Jan 3 1986
eoi II 19/0 Ewe,; june 23 972 Pe jan 3 NQ .n I 1974 June
986 Sus anc Jan 3 1985
Rege n i
MaIne c n ’oe tana
Rr’ode IsL nt0
Waw n’ sgiOn
.7 -
———
Date
Slate a110 Counly
ca i
Comm 4 n,r 1
I s O
ECOCIr1O 030504 aut o .aI ,onfCa ’ceJIaIOn ol sale 01 $p , 5l lIØ nazare aiea
11000 nSsnance ri cOfnmun.ly donlhe0
le oe ,ai
ass ance ‘o
onqe. a ,aOe
I I’ S5eC 4I ‘1000
8r ’jrrSe.c, town t
SoulS Ku’gstown I *s 04
2300.28
44540’O
I C 97? 17o
-------