[Federal Register: June 29, 1998 (Volume 63, Number 124)]
[Rules and Regulations]
[Page 35147‑35150]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn98‑15]
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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 

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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 unnecessary 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.]						
		Regulated Hazardous Constituent		WasteWaters		
Waste Code	Waste Description and Treatment/ regulatory subcategory /1/	Common Name	CAS /2/ No.	Concentration in mg/l /3/ ; or technology code /4/ 	Concentration in mg/l /5/ unless noted as “mg/l TCLP”; or technology code	
*	 *	 *	*	*	*	
K140	Floor sweepings, off-specification product, and spent filter media from the production of  2,4,6 tribromophenol...	2,4,6 tribromophenol...	118‑79‑6	0.035	7.4	
*	*	*	* 	*	*	

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				
Effective date	Self-implementing provision	RCRA citation	Federal Register reference	
 *	*	*	*	
November 4, 1998	Prohibition on land disposal of newly listed and identified wastes...	3004(g)(4)(C) 
and 3004 (m)	May 4, 1998; 
63 FR 24596	
November 4, 1998	Prohibition on land disposal of radioactive waste mixed with the newly listed and identified wastes, including soil and debris	3004(g)(4)(C) 
and 3004(m)	Do.	
*	*	*	*	

* * * * *
[FR Doc. 98‑17264 Filed 6‑26‑98; 8:45 am]
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