Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 10387 

hydrazinecarboxamide) and its 

metabolite 4-{2-oxo-2-[3- 

(trifluoromethyl) phenyl]ethyl}- 

benzonitrile, calculated as the 

stoichiometric equivalent of 

metaflumizone, in or on the following 

commodities: 

Commodity Parts per 

million 

Almond, hulls ................................ 0.04 

Fruit, citrus, group 10 ................... 0.04 

Grape ............................................ 0.04 

Nut, tree, group 14 ....................... 0.04 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2012–3795 Filed 2–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 302 

[EPA–HQ–SFUND–2011–0965; FRL–9635–9] 

Designation of Hazardous Substances; 

Designation, Reportable Quantities, 

and Notification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action 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. 

DATES: This rule is effective on April 23, 

2012 without further notice, unless EPA 

receives adverse comment by March 23, 

2012. If EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2011–0965, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: superfund.docket@epa.gov. 

• Fax: 202–566–9744. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Superfund Docket, Mailcode: 28221T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. Attention Docket ID No. EPA– 

HQ–SFUND–2011–0965. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2011– 

0965. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the EPA–HQ–SFUND–2011–0965 

docket. This Docket Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The Superfund Docket 

telephone number is (202) 566–0276. 

EPA Docket Center (EPA/DC), EPA 

West, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. 

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 

direct final rule, contact Lynn Beasley at 

(202) 564–1965 (beasley.lynn@epa.gov), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Avenue NW., 

Washington, DC 20460–0002, Mail Code 

5104A. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment. This 

action merely reinstates the maximum 

observed constituent concentrations for 

several listed hazardous wastes that 

were inadvertently removed from 

regulations by a November 8, 2000 final 

rule. However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are also publishing a separate proposed 

rule to reinstate these same maximum 

observed constituent concentrations for 

several listed hazardous wastes that 

were inadvertently removed from the 

regulations if adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect until EPA addresses all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. Does this action apply to me? 

Type of entity Examples of affected entities 

Federal Agencies ............................ National Response Center and any Federal agency that may release or respond to releases of hazardous 

substances. 


wreier-aviles on DSK5TPTVN1PROD with RULES
10388 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 

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. 

2Section 5(a) of the Treasury and General 

Government Appropriations Act for Fiscal Year 

2001, Public Law 106–554; 44 U.S.C. 3516 (notes). 

3 Guidelines for Ensuring and Maximizing the 

Quality, Objectivity, Utility, and Integrity of 

Information Disseminated by Federal Agencies, 67 

FR 8452 (Feb. 22, 2002). 

4 Guidelines for Ensuring and Maximizing the 

Quality, Objectivity, Utility, and Integrity, of 

Information Disseminated by the Environmental 

Protection Agency, EPA/260R–02–008 (October 

2002). 

5The letter from Artisan EHS can be found in the 

docket for this final rule, EPA–HQ–SFUND–2011– 

0965. 

Type of entity Examples of affected entities 

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). 

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 should I consider as I prepare 

my comments for EPA? 

A. Submitting CBI 

Do not submit this information to EPA 

through www.regulations.gov or email. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with the 

procedures set forth in 40 CFR part 2. 

B. Tips for Preparing Your Comments 

When submitting comments, 

remember to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

IV. What does this amendment do? 

This direct final rule reinstates the 

maximum observed constituent 

concentrations for listed hazardous 

wastes K169, K170, K171, and K172 to 

the table found in 40 CFR 

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 Restrictions 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 hazardous 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. 

V. How were the maximum observed 

constituent concentrations 

inadvertently removed? 

The inadvertent removal of the 

maximum observed constituent 

concentrations for K169, K170, K171, 

and K172 from § 302.6 was the result of 

a formatting error. On November 8, 

2000, EPA issued a final rule (65 FR 

67132) in the Federal Register that 

amended 40 CFR 302.6(b)(1)(iii) by 

adding entries K174 and K175 to an 

existing table of maximum observed 

constituent concentrations for listed 

hazardous wastes K169, K170, K171, 

and K172. The Federal Register final 

rule did not contain the proper signal (5 

asterisks) to the Office of the Federal 

Register that would cause the addition 

of entries K174 and K175 to the existing 

table and instead replaced the existing 

table with a table that only included 

entries for K174 and K175. The missing 

signal (5 asterisks) was a formatting 

error. The proper signal (5 asterisks) was 

contained in the proposed rule that was 

published on August 25, 1999. (See 64 

FR 46539.) 

On November 14, 2011, Artisan EHS 

Consulting, LLC (Artisan EHS) 

submitted a request for correction of 

information under the Data Quality Act 

(also known as the Information Quality 

Act),2 as implemented through the 

Office of Management and Budget 3 and 

the EPA.4 5 EPA confirmed the accuracy 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 10389 

6 In their letter, Artisan EHS also pointed out a 

typographical error—that is, at the end of 40 CFR 

302.6 there is an erroneous reference—‘65 FR 

87132, Nov. 8, 2001’ should read ‘65 FR 67132, 

Nov. 8, 2000. Typographical errors are corrected by 

the Office of the Federal Register. On November 23, 

2011, EPA requested that the Office of Federal 

Register change the reference accordingly—that 

change was made and is available to view at: http:// 

ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ 

index.tpl; follow the links to 40 CFR 302.6. 

of the Artisan EHS’ request which led to 

this direct final rule.6

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This direct final action does not 

impose any new information collection 

burden. The amendments in this direct 

final rule simply reinstates the 

maximum observed constituent 

concentrations for several listed 

hazardous wastes that were 

inadvertently removed from the 

regulations when they were amended to 

include the maximum observed 

constituent concentrations for other 

newly listed hazardous wastes in a 

November 8, 2000 final rule. This direct 

final rule does not change any reporting 

requirements in the general provisions. 

However, the Office of Management and 

Budget (OMB) has previously approved 

the information collection requirements 

contained in the existing subparts of 40 

CFR 302 under the provisions of the 

Paperwork Reduction Act , 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2050–0046. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

Subparts that will be added through 

separate rulemakings will document the 

respective information collection 

requirements in their own ICR 

documents. 

C. Regulatory Flexibility Act (RFA) 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The direct final rule simply reinstates 

the maximum observed constituent 

concentrations for several listed 

hazardous wastes that were 

inadvertently removed from the 

regulations when they were amended to 

include the maximum observed 

constituent concentrations for other 

newly listed hazardous wastes in a 

November 8, 2000 final rule. The direct 

final rule does not itself add any 

additional subparts or requirements. 

The direct final rule will not impose any 

new requirements on small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action contains no Federal 

mandates under the provisions of title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

State, local, or tribal governments or the 

private sector. The action imposes no 

enforceable duty on any State, local or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 or 205 

of the UMRA. This action is also not 

subject to the requirements of section 

203 of UMRA because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. The amendments in this 

direct final rule reinstate the maximum 

observed constituent concentrations for 

several listed hazardous wastes that 

were inadvertently removed from the 

regulations when they were amended to 

include the maximum observed 

constituent concentrations for other 

newly listed hazardous wastes in a 

November 8, 2000 final rule. 

E. Executive Order 13132: Federalism 

Executive Order (EO) 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have Federalism 

implications.’’ ‘‘Policies that have 

Federalism implications’’ is defined in 

the EO to include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

This direct final rule does not have 

Federalism implications. It will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in EO 

13132. 

This amendment applies directly to 

responsible parties. They do not apply 

to governmental entities unless the 

government entity releases any of the 

listed hazardous wastes. This regulation 

also does not limit the power of States 

or localities to the responsible parties. 

Thus, EO 13132 does not apply to this 

direct final rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The changes in this direct final 

rule do not result in any changes to the 

requirements of 40 CFR 302.6. Thus 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This direct final rule is not subject to 

EO 13045 (62 FR 19885, April 23, 1997) 

because it is not economically 

significant as defined in EO 12866, and 

because the Agency does not believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. The 

changes in this direct final rule do not 

result in any changes to the 

requirements in 40 CFR 302.6. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 


wreier-aviles on DSK5TPTVN1PROD with RULES
10390 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 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. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that the direct 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because the amendments do not affect 

the level of protection provided to 

human health or the environment. 

K. Congressional Review Act 

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 

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. 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 U.S. 

prior to publication of the rule in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). 

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 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 § 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: 

§ 302.6 Notification requirements. 

* * * * * 

(b) * * * 

(1) * * * 

(iii) * * * 

Waste Constituent Max ppm 

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) anthracene ........................................................................... 1,200.0 

K171 ......................................................... Benzene .................................................................................................................... 500.0 

Arsenic ....................................................................................................................... 1,600.0 

K172 ......................................................... Benzene .................................................................................................................... 100.0 

Arsenic ....................................................................................................................... 730.0 

*******

[FR Doc. 2012–4060 Filed 2–21–12; 8:45 am] 

BILLING CODE 6560–50–P 


wreier-aviles on DSK5TPTVN1PROD with RULES