Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31713 

[FR Doc. 2010–13377 Filed 6–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0033; FRL–8827–4] 

2-Propenoic acid polymer, with 1,3- 

butadiene and ethenylbenzene; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 2-propenoic 

acid polymer, with 1,3-butadiene and 

ethenylbenzene, minimum number 

average molecular weight (in AMU) 

9400 (CAS Reg. No. 25085–39–6); when 

used as an inert ingredient in a pesticide 

chemical formulation under 40 CFR 

180.960. BASF Corporation submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of 2-propenoic acid 

polymer, with 1,3-butadiene and 

ethenylbenzene on food or feed 

commodities. 

DATES: This regulation is effective June 

4, 2010. Objections and requests for 

hearings must be received on or before 

August 3, 2010, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0033. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Fertich, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8560; e-mail address: 

fertich.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Get Electronic Access to 

Other Related Information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2010–0033 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before August 3, 2010. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2010–0033, by one of 

the following methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background and Statutory Findings 

In the Federal Register of March 19, 

2010 (75 FR 13277) (FRL–8813–2), EPA 

issued a notice pursuant to section 408 

of FFDCA, 21 U.S.C. 346a, announcing 

the receipt of a pesticide petition (PP 

9E7649) filed by BASF Corporation, 100 

Campus Drive, Florham Park, NJ 07932. 

The petition requested that 40 CFR 

180.960 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of 2-propenoic 

acid polymer, with 1,3-butadiene and 

ethenylbenzene, minimum number 

average molecular weight (in AMU) 

9400; CAS Reg. No. 25085-39-6. That 

notice included a summary of the 

petition prepared by the petitioner and 

solicited comments on the petitioner’s 

request. The Agency did not receive any 

comments in the docket. However, the 

Agency did receive one comment by email. The comment was received from 

a private citizen who opposed the 

authorization to sell any pesticide that 

leaves a residue on food. The Agency 

understands the commenter’s concerns 


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31714 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

and recognizes that some individuals 

believe that no residue of pesticides 

should be allowed. However, under the 

existing legal framework provided by 

section 408 of the Federal Food, Drug 

and Cosmetic Act (FFDCA) EPA is 

authorized to establish pesticide 

tolerances or exemptions where persons 

seeking such tolerances or exemptions 

have demonstrated that the pesticide 

meets the safety standard imposed by 

the statute. 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and 

use in residential settings, but does not 

include occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing an 

exemption from the requirement of a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue...’’ and specifies factors 

EPA is to consider in establishing an 

exemption. 

III. Risk Assessment and Statutory 

Findings 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be shown that the 

risks from aggregate exposure to 

pesticide chemical residues under 

reasonably foreseeable circumstances 

will pose no appreciable risks to human 

health. In order to determine the risks 

from aggregate exposure to pesticide 

inert ingredients, the Agency considers 

the toxicity of the inert in conjunction 

with possible exposure to residues of 

the inert ingredient through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. If 

EPA is able to determine that a finite 

tolerance is not necessary to ensure that 

there is a reasonable certainty that no 

harm will result from aggregate 

exposure to the inert ingredient, an 

exemption from the requirement of a 

tolerance may be established. 

Consistent with FFDCA section 

408(b)(2)(D), EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action and considered its validity, 

completeness and reliability and the 

relationship of this information to 

human risk. EPA has also considered 

available information concerning the 

variability of the sensitivities of major 

identifiable subgroups of consumers, 

including infants and children. In the 

case of certain chemical substances that 

are defined as polymers, the Agency has 

established a set of criteria to identify 

categories of polymers expected to 

present minimal or no risk. The 

definition of a polymer is given in 40 

CFR 723.250(b) and the exclusion 

criteria for identifying these low-risk 

polymers are described in 40 CFR 

723.250(d). 2-propenoic acid polymer, 

with 1,3-butadiene and ethenylbenzene 

conforms to the definition of a polymer 

given in 40 CFR 723.250(b) and meets 

the following criteria that are used to 

identify low-risk polymers. 

1. The polymer is not a cationic 

polymer nor is it reasonably anticipated 

to become a cationic polymer in a 

natural aquatic environment. 

2. The polymer does contain as an 

integral part of its composition the 

atomic elements carbon, hydrogen, and 

oxygen. 

3. The polymer does not contain as an 

integral part of its composition, except 

as impurities, any element other than 

those listed in 40 CFR 723.250(d)(2)(ii). 

4. The polymer is neither designed 

nor can it be reasonably anticipated to 

substantially degrade, decompose, or 

depolymerize. 

5. The polymer is manufactured or 

imported from monomers and/or 

reactants that are already included on 

the TSCA Chemical Substance 

Inventory or manufactured under an 

applicable TSCA section 5 exemption. 

6. The polymer is not a water 

absorbing polymer with a number 

average molecular weight (MW) greater 

than or equal to 10,000 daltons. 

Additionally, the polymer also meets 

as required the following exemption 

criteria specified in 40 CFR 723.250(e). 

7. The polymer’s number average MW 

of 9400 is greater than 1,000 and less 

than 10,000 daltons. The polymer 

contains less than 10% oligomeric 

material below MW 500 and less than 

25% oligomeric material below MW 

1,000, and the polymer does not contain 

any reactive functional groups. 

Thus, 2-propenoic acid polymer, with 

1,3-butadiene and ethenylbenzene 

meets the criteria for a polymer to be 

considered low risk under 40 CFR 

723.250. Based on its conformance to 

the criteria in this unit, no mammalian 

toxicity is anticipated from dietary, 

inhalation, or dermal exposure to 2- 

propenoic acid polymer, with 1,3- 

butadiene and ethenylbenzene. 

IV. Aggregate Exposures 

For the purposes of assessing 

potential exposure under this 

exemption, EPA considered that 2- 

propenoic acid polymer, with 1,3- 

butadiene and ethenylbenzene could be 

present in all raw and processed 

agricultural commodities and drinking 

water, and that non-occupational nondietary exposure was possible. The 

number average MW of 2-propenoic 

acid polymer, with 1,3-butadiene and 

ethenylbenzene is 9400 daltons. 

Generally, a polymer of this size would 

be poorly absorbed through the intact 

gastrointestinal tract or through intact 

human skin. Since 2-propenoic acid 

polymer, with 1,3-butadiene and 

ethenylbenzene conform to the criteria 

that identify a low-risk polymer, there 

are no concerns for risks associated with 

any potential exposure scenarios that 

are reasonably foreseeable. The Agency 

has determined that a tolerance is not 

necessary to protect the public health. 

V. Cumulative Effects From Substances 

With a Common Mechanism of Toxicity 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

EPA has not found 2-propenoic acid 

polymer, with 1,3-butadiene and 

ethenylbenzene to share a common 

mechanism of toxicity with any other 

substances, and 2-propenoic acid 

polymer, with 1,3-butadiene and 

ethenylbenzene does not appear to 

produce a toxic metabolite produced by 

other substances. For the purposes of 

this tolerance action, therefore, EPA has 

assumed that 2-propenoic acid polymer, 

with 1,3-butadiene and ethenylbenzene 

does not have a common mechanism of 

toxicity with other substances. For 

information regarding EPA’s efforts to 

determine which chemicals have a 

common mechanism of toxicity and to 

evaluate the cumulative effects of such 

chemicals, see EPA’s website at http:// 

www.epa.gov/pesticides/cumulative. 

VI. Additional Safety Factor for the 

Protection of Infants and Children 

Section 408(b)(2)(C) of FFDCA 

provides that EPA shall apply an 

additional tenfold margin of safety for 

infants and children in the case of 

threshold effects to account for prenatal 


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Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31715 

and postnatal toxicity and the 

completeness of the data base unless 

EPA concludes that a different margin of 

safety will be safe for infants and 

children. Due to the expected low 

toxicity of 2-propenoic acid polymer, 

with 1,3-butadiene and ethenylbenzene, 

EPA has not used a safety factor analysis 

to assess the risk. For the same reasons 

the additional tenfold safety factor is 

unnecessary. 

VII. Determination of Safety 

Based on the conformance to the 

criteria used to identify a low-risk 

polymer, EPA concludes that there is a 

reasonable certainty of no harm to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of 2-propenoic acid polymer, 

with 1,3-butadiene and ethenylbenzene. 

VIII. Other Considerations 

A. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint U.N. 

Food and Agriculture Organization/ 

World Health Organization food 

standards program, and it is recognized 

as an international food safety 

standards-setting organization in trade 

agreements to which the United States 

is a party. EPA may establish a tolerance 

that is different from a Codex MRL; 

however, FFDCA section 408(b)(4) 

requires that EPA explain the reasons 

for departing from the Codex level. 

The Codex has not established a MRL 

for 2-propenoic acid polymer, with 1,3- 

butadiene and ethenylbenzene. 

IX. Conclusion 

Accordingly, EPA finds that 

exempting residues of 2-propenoic acid 

polymer, with 1,3-butadiene and 

ethenylbenzene from the requirement of 

a tolerance will be safe. 

X. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these rules 

from review under Executive Order 

12866, entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Because this final rule has been 

exempted from review under Executive 

Order 12866, this final rule is not 

subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it involve any technical 

standards that would require Agency 

consideration of voluntary consensus 

standards pursuant to section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes, or otherwise have any unique 

impacts on local governments. Thus, the 

Agency has determined that Executive 

Order 13132, entitled Federalism (64 FR 

43255, August 10, 1999) and Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000) do not apply to this final rule. 

In addition, this final rule does not 

impose any enforceable duty or contain 

any unfunded mandate as described 

under Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). 

Although this action does not require 

any special considerations under 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994), EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. As such, to the 

extent that information is publicly 

available or was submitted in comments 

to EPA, the Agency considered whether 

groups or segments of the population, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical or disproportionately high and 

adverse human health impacts or 

environmental effects from exposure to 

the pesticide discussed in this 

document, compared to the general 

population. 

XI. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report 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 United States prior to 

publication of this rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

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

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: May 24, 2010. 

Daniel Rosenblatt, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In §180.960, the table is amended 

by adding alphabetically the following 

polymer to read as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 


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31716 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

Polymer CAS No. 

2-propenoic acid polymer, with 1,3-butadiene and 

ethenylbenzene, minimum number average 

molecular weight (in 

amu), 9400 .................. 25085-39-6 

* * * * * 

[FR Doc. 2010–13320 Filed 6–3–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260, 261, 262, 263, 264, 

265, 266, 268, and 270 

[EPA–RCRA–2008–0678; FRL–9158–5] 

RIN 2050–AG52 

Hazardous Waste Technical 

Corrections and Clarifications Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Partial withdrawal of direct 

final rule. 

SUMMARY: On March 18, 2010, EPA 

published in the Federal Register a 

Direct Final rule entitled, Hazardous 

Waste Technical Corrections and 

Clarifications Rule (75 FR 12989). This 

Direct Final rule included a number of 

specific technical changes to correct or 

clarify several parts of the Resource 

Conservation and Recovery Act (RCRA) 

hazardous waste regulations. At the 

same time, EPA also published a 

parallel Proposed Rule (75 FR 13006) for 

the same changes. EPA received adverse 

comment on four of the specific 

amendments and thus is withdrawing 

them. The four amendments being 

withdrawn are: 40 CFR 262.34(a); 40 

CFR 262.34(a)(2); 40 CFR 262.34(a)(5), 

and 40 CFR 266.20(b). As a result of 

withdrawing the amendment at 40 CFR 

262.34(a)(5), we also are withdrawing 

the related amendment at 40 CFR 

262.34(a)(1)(iv)(B). Finally, because of a 

typographical error, we also are 

withdrawing the amendment to the 

entry ‘‘K107’’ in the table at 40 CFR 

261.32(a). 

DATES: On June 16, 2010, all 

amendments go into effect that were 

published in the Federal Register at 75 

FR 12989 on March 18, 2010, except the 

following: The amendment to the entry 

‘‘K107’’ in the table at 40 CFR 261.32(a); 

the amendment to 40 CFR 262.34(a); the 

amendment to 40 CFR 

262.34(a)(1)(iv)(B); the amendment to 40 

CFR 262.34(a)(2); the amendment to 40 

CFR 262.34(a)(5), and the amendment at 

40 CFR 266.20(b) which are withdrawn 

effective June 4, 2010. 

FOR FURTHER INFORMATION CONTACT: Jim 

O’Leary, U.S. Environmental Protection 

Agency, Office of Resource 

Conservation and Recovery (MC:5304P), 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460, Phone: (703) 

308–8827; or e-mail: 

oleary.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

18, 2010, EPA published in the Federal 

Register a Direct Final rule entitled, 

Hazardous Waste Technical Corrections 

and Clarifications Rule (75 FR 12989). 

This Direct Final rule included a 

number of specific technical changes to 

correct or clarify several parts of the 

Resource Conservation and Recovery 

Act (RCRA) hazardous waste 

regulations. At the same time, EPA also 

published a parallel Proposed Rule (75 

FR 13006) for the same changes. 

We stated in that Direct Final rule that 

if we received adverse comment on any 

amendments by May 3, 2010, the 

affected amendments in the Direct Final 

rule would not take effect and we would 

publish a timely withdrawal in the 

Federal Register of those specific 

amendments. We subsequently received 

adverse comment on four specific 

amendments: 

• 40 CFR 262.34(a) related to the 

hazardous waste accumulation time for 

large quantity generators; 

• 40 CFR 262.34(a)(2) related to the 

date upon which each period of 

accumulation begins must be clearly 

marked and visible for inspection on 

each container and tank; 

• 40 CFR 262.34(a)(5) related to the 

closure requirements for tanks, 

containers, drip pads and containment 

buildings 

• 40 CFR 266.20(b) related to 

recyclable materials used in a manner 

constituting disposal. 

Because EPA received adverse comment 

on these four amendments, we are 

withdrawing them. 

As a result of withdrawing 40 CFR 

262.34(a)(5), the related amendment at 

40 CFR 262.34(a)(1)(iv)(B) must also be 

withdrawn because the Agency had 

deleted the latter part of this particular 

regulatory citation in the Direct Final 

rule in an effort to clarify the closure 

requirements for tanks, containers, drip 

pads and containment buildings. Also, 

there was a typographical error related 

to the entry for EPA hazardous waste 

No. K107 in the table at 40 CFR 

261.32(a). We therefore are withdrawing 

this amendment as well. Thus, we are 

withdrawing six of the original 

amendments from the March 18, 2010 

Direct Final rule. 

EPA published a parallel Proposed 

Rule on the same day as the Direct Final 

rule (75 FR 13006). The Proposed Rule 

invited comment on the substance of the 

Direct Final rule. We intend to review 

the adverse comments we received with 

respect to the amendments at 40 CFR 

262.34(a), 40 CFR 262.34(a)(1)(iv)(B), 40 

CFR 262.34(a)(2), 40 CFR 262.34(a)(5), 

and 40 CFR 266.20(b) to determine the 

appropriate course of action for each 

amendment. With respect to the 

typographical error in the amendment to 

the entry for EPA hazardous waste No. 

K107 in the table at 40 CFR 261.32(a), 

we intend to publish a final rulemaking 

that will correct this mistake. As stated 

in the parallel proposal, we will not 

institute a second comment period on 

these proposed actions. 

The amendments for which we did 

not receive adverse comment will 

become effective on June 16, 2010, as 

provided in the March 18, 2010, Direct 

Final rule. 

Effective Dates 

Because there may be some confusion 

about the effective dates for the 

amendments in the Final Hazardous 

Waste Technical Corrections and 

Clarifications Rule (75 FR 12989) which 

are not being withdrawn and which go 

into effect on June 16, 2010, EPA is here 

providing further explanation for the 

three types of amendments in the Final 

Rule. The three types of amendments 

result from the fact that the amendments 

are promulgated in part under the 

authority of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA), 

and in part under non-HSWA RCRA 

authority. In addition, some 

amendments are jointly promulgated 

under the authority of the Hazardous 

Materials Transportation Act (HMTA). 

First, the following amendments to 

the manifest regulations are 

promulgated under non-HSWA RCRA 

authority and the authority of the 

Hazardous Materials Transportation 

Act: 

• 40 CFR 262.23, 

• 40 CFR 262.41, and 

• 40 CFR 262.42, and 

• 40 CFR 262.60(b). 

These non-HSWA manifest 

amendments will be implemented 

under RCRA authority on the effective 

date only in those states that do not 

have final authorization of their base 

RCRA programs. These changes will not 

therefore be implemented and enforced 

under RCRA authority in authorized 

states until the authorized states have 

revised their programs and received 

authorization for these program 

revisions. However, because these 

hazardous waste manifest requirements 


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