[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Proposed Rules]
[Pages 10450-10451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4059]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 302
[EPA-HQ-SFUND-2011-0965; FRL-9636-1]
Designation of Hazardous Substances; Designation, Reportable
Quantities, and Notification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to reinstate the maximum observed constituent
concentrations for several listed hazardous wastes that were
inadvertently removed from the regulations by a November 8, 2000 final
rule. Also, in the ``Rules and Regulations'' section of this Federal
Register, EPA is reinstating the same maximum observed constituent
concentrations via a direct final rule without a prior proposed rule.
If we receive no adverse comment, the direct final rule will become
effective, and we will not take further action on this proposed rule.
DATES: Written comments must be received by March 23, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2011-0965, by mail to the Environmental Protection Agency, EPA
Docket Center (EPA/DC), Superfund Docket Mailcode: 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the ``Rules and Regulations'' section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP and Oil Information Center at (800) 424-9346
or TDD (800) 553-7672 (hearing impaired). In the Washington, DC
metropolitan area, call (703) 412-9810 or TDD (703) 412-3323. For more
detailed information on specific aspects of this proposed rule, contact
Lynn Beasley at (202) 564-1965 ([email protected]), Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460-
0002, Mail Code 5104A.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed rule?
This document proposes to reinstate the maximum observed
constituent concentrations for several listed hazardous wastes that
were inadvertently removed from the regulations by a November 8, 2000
final rule. The listed hazardous wastes and the respective reportable
quantities are included in the regulations for Hazardous Substances and
Reportable Quantities. We have published a direct final rule to
reinstate the maximum observed constituent concentrations in the
``Rules and Regulations'' section of this Federal Register because we
view this as a noncontroversial action and anticipate no adverse
comment. We have explained our reasons for this action in the preamble
to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, however, we will
withdraw the direct final rule and it will not take effect. We would
address all public comments in any subsequent final rule based on this
proposed rule. We do not intend to institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. For further information, please see the information provided in
the ADDRESSES section of this document.
II. Does this action apply to me?
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Type of entity Examples of affected entities
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Federal Agencies.................. National Response Center and any
Federal agency that may release or
respond to releases of hazardous
substances.
State and Local Governments....... State Emergency Response
Commissions, and Local Emergency
Planning Committees.
Responsible Parties............... Those entities responsible for the
release of a hazardous substance
from a vessel or facility. Those
entities with an interest in the
substances that were inadvertently
removed from the table of maximum
observed constituent concentrations
for listed hazardous wastes K169,
K170, K171, and K172 in 40 CFR
302.6(b)(1)(iii).
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
III. What does this amendment do?
This proposed rule would reinstate the maximum observed constituent
concentrations for listed hazardous wastes K169, K170, K171, and K172
to the table found in 40 CFR
[[Page 10451]]
302.6(b)(1)(iii). A November 8, 2000 final rule (Hazardous Waste
Management System; Identification and Listing of Hazardous Waste;
Chlorinated Aliphatics Production Wastes; Land Disposal Restriction for
Newly Identified Wastes; CERCLA Hazardous Substance Designation and
Reportable Quantities; Final Rule) inadvertently removed the maximum
observed constituent concentrations for those listed hazardous wastes
from the table in that section when it was amended to include the
maximum observed constituent concentrations for listed hazardous wastes
K174 and K175. (See 65 FR 67132.) The maximum observed constituent
concentrations were included in the 40 CFR 302.6 regulations to allow
generators, transporters, and disposal facilities handling these wastes
to calculate reportable quantities (RQs) using the mixture rule \1\
developed in connection with the Clean Water Act section 311
regulations. The listed hazardous wastes K169, K170, K171, and K172 and
their respective RQs are included in Table 302.4--List of Hazardous
Substances and Reportable Quantities and Appendix A to section 302.4--
Sequential CAS Registry Number List of CERCLA Hazardous Substances of
Title 40 of the Code of Federal Regulations. However, the
aforementioned Table 302.4 and Appendix A do not contain the maximum
observed constituent concentrations. Section 302.6 is the only source
of these maximum observed constituent concentrations contained in 40
CFR 302--Designation, Reportable Quantities, and Notification.
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\1\ 44 FR 50767, Aug. 29, 1979, Final Rulemaking; Water
Programs; Determination of Reportable Quantities for Hazardous
Substances; and 50 FR 13463, Apr. 4, 1985, Final rule; Notification
Requirements; Reportable Quantity Adjustments. Discharges of
mixtures and solutions are subject to these regulations only where a
component hazardous substance of the mixture or solution is
discharged in a quantity equal to or greater than its reportable
quantity.
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IV. Statutory and Executive Order reviews
For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.
List of Subjects in 40 CFR Part 302
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Reporting and recordkeeping requirements, Superfund,
Water pollution control, Water supply.
Dated: February 14, 2012.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
For the reasons set out, title 40, chapter I of the Code of Federal
Regulations is proposed to be amended as follows:
PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION
1. The authority citation for part 302 continues to read as
follows:
Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and
1361.
2. In Sec. 302.6, paragraph (b)(1)(iii), the table is amended by
adding entries K169, K170, K171, and K172 in numerical order to read as
follows:
Sec. 302.6 Notification requirements.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
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Waste Constituent Max ppm
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K169....................... Benzene................... 220.0
K170....................... Benzene................... 1.2
Benzo (a) pyrene.......... 230.0
Dibenz (a,h) anthracene... 49.0
Benzo (a) anthracene...... 390.0
Benzo (b) fluoranthene.... 110.0
Benzo (k) fluoranthese.... 110.0
3-Methylcholanthrene...... 27.0
7, 12-Dimethylbenz (a) 1,200.0
anthracene.
K171....................... Benzene................... 500.0
Arsenic................... 1,600.0
K172....................... Benzene................... 100.0
Arsenic................... 730.0
* * * * * * *
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[FR Doc. 2012-4059 Filed 2-21-12; 8:45 am]
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