[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Rules and Regulations]
[Pages 35147-35150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17264]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 148, 268, and 271

[FRL-6115-4]
RIN 2050-AD79


Organobromine Production Wastes; Identification and Listing of 
Hazardous Waste; Land Disposal Restrictions: Listing of CERCLA 
Hazardous Substances, Reportable Quantities; Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Technical amendment.

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SUMMARY: On May 4, 1998, EPA published regulations listing two 
organobromine production wastes as hazardous. It also set land disposal 
restrictions prohibitions and treatment standards for those wastes. 
This document corrects purely technical errors in the final 
regulations.

EFFECTIVE DATE: This rule is effective on June 29, 1998.

ADDRESSES: Supporting materials for the final rule are available for 
viewing in the RCRA Information Center (RIC), located at Crystal 
Gateway One, 1235 Jefferson Davis Highway, First Floor, Arlington, VA. 
The Docket Identification Number is F-98-OBLF-FFFFF. The RCRA Docket is 
open from 9 a.m. to 4 p.m. Monday through Friday, except for Federal 
holidays. The public must make an appointment to review docket 
materials by calling (703) 603-9230. The public may copy a maximum of 
100 pages from any regulatory document at no cost. Additional copies 
cost $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information contact the 
RCRA Hotline at (800) 424-9346 (toll free) or (703) 920-9810 in the 
Washington, DC

[[Page 35148]]

metropolitan area. For information on this notice contact Rhonda 
Minnick (5302W), Office of Solid Waste, 401 M Street, S.W., Washington, 
DC 20460, (703) 308-8771.

SUPPLEMENTARY INFORMATION: This rule is available on the Internet. 
Please follow these instructions to access the rule electronically: 
From the World Wide Web (WWW), type http://www.epa.gov/epaoswer, then 
select option for Rules and Regulations.
    The official record for this action is kept in a paper format, and 
is maintained at the address in the ADDRESSES section at the beginning 
of this document.

I. Reasons and Basis for Today's Amendment

    The Agency has found a number of purely technical errors in the 
final rule. Today's amendment makes technical corrections where 
appropriate.

II. Amendments to the Final Rule

A. Section 148.18

    Paragraph (f) of Sec. 148.18 stated that the effective date of the 
prohibition for the underground injection of organobromine production 
wastes was August 3, 1998, the date 90 days from date of publication. 
This is in error. A waste cannot be prohibited from land disposal, 
including underground injection, before it is a hazardous waste. The 
wastes do not become hazardous until November 4, 1998, six months from 
the date of publication (63 FR 24596). Therefore, the effective date 
for Sec. 148.18 is being amended to conform with the effective date of 
the listing, November 4, 1998.

B. Section 268.33

    Paragraph (b) of Sec. 268.33 is unnecessary and is thus being 
removed. The paragraph stated that the organobromine production wastes 
could be land disposed between May 4, 1998 and November 4, 1998 only in 
a unit meeting minimum technological requirements. Such a prohibition 
does not make sense, however, because the organobromine production 
wastes are not hazardous until November 4, 1998. To clarify that there 
is no prohibition on land disposal of these wastes between May 4, 1998 
and November 4, 1998, paragraph (b) is omitted, paragraph (c) is 
designated as (b), and paragraph (d) is designated as (c).
    Paragraph (c) (new paragraph (b)) is amended so that it no longer 
references paragraph (b), the paragraph being omitted as discussed 
above. Removal of this unneccesary cross-reference will make new 
paragraph (b) much easier to understand.
    Paragraph (d) (new paragraph (c)) included language that applies 
only to wastes that display a hazardous characteristic. It stated: ``If 
the waste contains constituents (including underlying hazardous 
constituents in characteristic wastes that have been diluted to remove 
the characteristic) in excess of the applicable Universal Treatment 
Standard levels of Sec. 268.48 of this Part, the waste is prohibited 
from land disposal, and all requirements of Part 268 are applicable, 
except as otherwise specified.'' The italicized phrase does not apply 
to organobromine production wastes because they are wastes that are 
listed as hazardous rather than ones that display a hazardous 
characteristic. The phrase is removed by this action.

C. Section 268.40

    There was a mistake in the treatment standard table for K140. The 
table erroneously stated that the treatment standard for 2,4,6-
Tribromophenol wastewaters was 0.35. The treatment standard is 
corrected to be 0.035, which conforms to the wastewater treatment 
standards for 2,4,6-Tribromophenol in U408, and in the Universal 
Treatment Standards table.

D. Section 271.1

    There were two mistakes in Sec. 271.1(j), Table 2. The effective 
dates in Table 2 appeared as August 3, 1998, and May 4, 2000. Both of 
these dates were incorrect. They are corrected by this amendment to be 
November 4, 1998.

III. Rationale for Immediate Effective Date

    Today's notice does not create any new regulatory requirements; 
rather, it clarifies requirements by correcting a number of errors in 
the May 4, 1998 final rule. For these reasons, EPA finds that good 
cause exists under section 3010(b)(3) of RCRA, 42 U.S.C. 9903(b)(3), to 
provide for an immediate effective date. See generally 61 FR at 15662. 
For the same reasons, EPA finds that there is good cause under 5 U.S.C. 
553(b)(3) to promulgate today's corrections in final form and that 
there is good cause under 5 U.S.C. 553(b)(3) to waive the requirement 
that regulations be published at least 30 days before they become 
effective.

IV. Analysis Under Executive Order 12866, the Unfunded Mandates 
Reform Act of 1995, the Regulatory Flexibility Act, the Paperwork 
Reduction Act, National Technology Transfer and Advancement Act of 
1995, and Executive Order 13045

    Under Executive Order 12866, this action is not a ``significant 
regulatory action'' and is therefore not subject to review by the 
Office of Management and Budget. In addition, this action does not 
impose annual costs of $100 million or more, will not significantly or 
uniquely affect small governments, and is not a significant federal 
intergovernmental mandate. The Agency thus has no obligations under 
sections 202, 203, 204 and 205 of the Unfunded Mandates Reform Act. 
Moreover, since this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute, it is not subject to sections 603 or 604 of the Regulatory 
Flexibility Act, and it does not affect requirements under the 
Paperwork Reduction Act. Section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (NTTAA), Pub. L. No. 104-113, 
Section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA directs EPA to provide Congress, through 
OMB, explanations when the Agency decides not to use available and 
applicable voluntary consensus standards. Neither this technical 
correction action nor the final rule involve technical standards. 
Therefore, EPA did not consider the use of any voluntary standards in 
this rulemaking. This final rule is not subject to E.O. 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because this action is not an 
economically significant rule, and it does not involve decisions on 
environmental health risks or safety risks that may disproportionately 
affect children.

V. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must

[[Page 35149]]

submit a rule report, which includes a copy of the rule, to each House 
of the Congress and to the Comptroller General of the United States. 
Section 808 allows the issuing agency to make a good cause finding that 
notice and public procedure is impracticable, unnecessary or contrary 
to the public interest. This determination must be supported by a brief 
statement. 5 U.S.C. 808(2). As stated previously, EPA has made such a 
good cause finding, including the reasons therefore, and established an 
effective date of June 29, 1998. EPA will submit a report containing 
this rule and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. This 
action is [is not] a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 148

    Environmental protection, Administrative practice and procedure, 
Hazardous waste, Reporting and recordkeeping requirements, Water 
supply.

40 CFR Part 268

    Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Dated: June 18, 1998.
Timothy Fields, Jr.,
Acting Assistant Administrator, Office of Solid Waste and Emergency 
Response.

    For the reasons set forth in the preamble, title 40, chapter I of 
the Code of Federal Regulations is amended as follows:

PART 148--HAZARDOUS WASTE INJECTION RESTRICTIONS

    1. The authority citation for part 148 continues to read as 
follows:

    Authority: Sec. 3004, Resource Conservation and Recovery Act, 42 
U.S.C. 6901, et seq.

    2. Section 148.18 is amended by revising paragraph (f) to read as 
follows:


Sec. 148.18  Hazardous waste injection restrictions.

* * * * *
    (f) Effective November 4, 1998, the wastes specified in 40 CFR 
261.32 as EPA Hazardous Waste number K140, and in 40 CFR 261.33(f) as 
EPA Hazardous Waste number U408 are prohibited from injection.

PART 268--LAND DISPOSAL RESTRICTIONS

    3. The authority citation for Part 268 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.

    4. Section 268.33 is amended by removing paragraph (b), by 
redesignating paragraph (c) as (b), and paragraph (d) as (c), and 
revising redesignated paragraphs (b) introductory text, and (c) to read 
as follows:


Sec. 268.33  Waste-specific prohibitions--organobromine wastes.

* * * * *
    (b) The requirements of paragraph (a) of this section do not apply 
if:
* * * * *
    (c) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in 
Sec. 268.40, the initial generator must test a sample of the waste 
extract or the entire waste, depending on whether the treatment 
standards are expressed as concentrations in the waste extract or the 
waste, or the generator may use knowledge of the waste. If the waste 
contains constituents in excess of the applicable Universal Treatment 
Standard levels of Sec. 268.48 of this part, the waste is prohibited 
from land disposal, and all requirements of part 268 are applicable, 
except as otherwise specified.
    5. Section 268.40 is amended by revising in the table the entry for 
K140 to read as follows. The appropriate footnotes are republished 
without change.


Sec. 268.40  Applicability of treatment standards.

* * * * *

                                    Treatment Standards for Hazardous Wastes                                    
                                        [Note: NA means not applicable.]                                        
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                                        Regulated Hazardous  Constituent      Waste-  waters   Nonwaste-  waters
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                   Waste description                                                            Concentration in
   Waste code       and treatment/                                           Concentration in   mg/kg\5\ unless 
                      regulatory         Common name         CAS 2 No.          mg/l 3; or      noted as ``mg/l 
                    subcategory \1\                                          technology code       TCLP''; or   
                                                                                   \4\          technology code 
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*                  *                  *                  *                  *                    *              
                                                          *                                                     
K140............  Floor sweepings,    2,4,6-                      118-79-6              0.035                7.4
                   off-specification   Tribromophenol.                                                          
                   product, and                                                                                 
                   spent filter                                                                                 
                   media from the                                                                               
                   production of                                                                                
                   2,4,6                                                                                        
                   tribromophenol..                                                                             
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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Footnotes to Treatment Standard Table 268.40                                                                    
\1\ The waste descriptions provided in this table do not replace waste descriptions in 40 CFR 261. Descriptions 
  of Treatment/Regulatory Subcategories are provided, as needed, to distinguish between applicability of        
  different standards.                                                                                          
\2\ CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a  
  combination of a chemical with its salts and/or esters, the CAS number is given for the parent compound only. 
\3\ Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite        
  samples.                                                                                                      
\4\ All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in  
  detail in 40 CFR 268.42 Table 1--Technology Codes and Descriptions of Technology-Based Standards.             

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\5\ Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards      
  expressed as a concentration were established, in part, based upon incineration in units operated in          
  accordance with the technical requirements of 40 CFR Part 264 Subpart O or Part 265 Subpart O, or based upon  
  combustion in fuel substitution units operating in accordance with applicable technical requirements. A       
  facility may comply with these treatment standards according to provisions in 40 CFR 268.40(d). All           
  concentration standards for nonwastewaters are based on analysis of grab samples.                             
\6\ Where an alternate treatment standard or set of alternate standards has been indicated, a facility may      
  comply with this alternate standard, but only for the Treatment/Regulatory Subcategory or physical form (i.e.,
  wastewater and/or nonwastewater) specified for that alternate standard.                                       
\7\ Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or    
  9012, found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846,
  as incorporated by reference in 40 CFR 260.11, with a sample size of 10 grams and a distillation time of one  
  hour and 15 minutes.                                                                                          
\8\ These wastes, when rendered nonhazardous and then subsequently managed in CWA, or CWA-equivalent systems,   
  are not subject to treatment standards. (See Sec.  268.1(c)(3)and (4)).                                       
\9\ These wastes, when rendered nonhazardous and then subsequently injected in a Class I SDWA well, are not     
  subject to treatment standards. (See Sec.  148.1(d)).                                                         
\10\ Between August 26, 1996, and August 26, 1997, the treatment standard for this waste may be satisfied by    
  either meeting the constituent concentrations in this table or by treating the waste by the specified         
  technologies: combustion, as defined by the technology code CMBST at Sec.  268.42 Table 1 of this Part, for   
  nonwastewaters; and, biodegradation as defined by the technolgy code BIODG, carbon adsorption as defined by   
  the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as       
  defined as technology code CMBST at Sec.  268.42 Table 1 of this Part, for wastewaters.                       
\11\ For these wastes, the definition of CMBST is limited to: (1) combustion units operating under 40 CFR 266,  
  (2) combustion units permitted under 40 CFR Part 264, Subpart O, or (3) combustion units operating under 40   
  CFR 265, Subpart O, which have obtained a determination of equivalent treatment under 268.42 (b).             

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE 
PROGRAMS

    6. The authority citation for Part 271 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a) and 6926.

Subpart A--Requirements for Final Authorization

    7. Section 271.1(j) is amended by revising the entries in Table 2 
for August 3, 1998 and for May 4, 2000 to read as follows:


Sec. 271.1  Purpose and scope.

* * * * *
    (j) * * *

                  Table 2.--Self-Implementing Provisions of the Solid Waste Amendments of 1984                  
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                                          Self-implementing                                  Federal Register   
            Effective date                    provision              RCRA citation              reference       
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*                  *                    *                  *                    *                    *          
                                                           *                                                    
November 4, 1998.....................  Prohibition on land      3004(g)(4)(C) and        May 4, 1998; 63 FR     
                                        disposal of newly        3004(m).                 24596                 
                                        listed and identified                                                   
                                        wastes..                                                                
November 4, 1998.....................  Prohibition on land      3004(m) 3004(g)(4)(C)        Do.                
                                        disposal of              and 3004(m).                                   
                                        radioactive waste                                                       
                                        mixed with the newly                                                    
                                        listed and identified                                                   
                                        wastes, including soil                                                  
                                        and debris..                                                            
                                                                                                                
*                  *                  *                    *                  *                  *              
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[FR Doc. 98-17264 Filed 6-26-98; 8:45 am]
BILLING CODE 6560-50-P