10450 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules 

Subpart I—[Amended] 

2. Section 98.94 is amended by 

revising paragraphs (a)(2)(iii), (a)(3)(iii), 

and (a)(4)(iii) to read as follows: 

§ 98.94 Monitoring and QA/QC 

requirements. 

(a) * * * 

(2) * * * 

(iii) Approval criteria. To obtain 

approval, the owner or operator must 

demonstrate to the Administrator’s 

satisfaction that by July 1, 2011, it is not 

reasonably feasible to acquire, install, or 

operate the required piece of monitoring 

equipment, or procure necessary 

measurement services to comply with 

the requirements of this subpart. 

(3) * * * 

(iii) Approval criteria. To obtain 

approval, the owner or operator must 

demonstrate to the Administrator’s 

satisfaction that by December 31, 2011 

it is not reasonably feasible to acquire, 

install, or operate the required piece of 

monitoring equipment or procure 

necessary measurement services to 

comply with the requirements of this 

subpart. 

(4) * * * 

(iii) Approval criteria. To obtain 

approval, the owner or operator must 

demonstrate to the Administrator’s 

satisfaction that by December 31, 2011 

(or in the case of facilities that are 

required to calculate and report 

emissions in accordance with 

§ 98.93(a)(2)(ii)(A), December 31, 2012), 

it is not reasonably feasible to acquire, 

install, or operate the required piece of 

monitoring equipment according to the 

requirements of this subpart. 

* * * * * 

[FR Doc. 2012–3778 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–9636–1] 

Designation of Hazardous Substances; 

Designation, Reportable Quantities, 

and Notification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

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 (beasley.lynn@epa.gov), 

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? 

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. 

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 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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules 10451 

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. 

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. 

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 § 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. 2012–4059 Filed 2–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Chapter I 

[EPA–HQ–OPPT–2012–0135; FRL–9339–5] 

Fishing Tackle Containing Lead; 

Disposition of Petition Filed Pursuant 

to TSCA Section 21 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Petition, reasons for Agency 

response. 

SUMMARY: On November 17, 2011, EPA 

received a petition from the Center for 

Biological Diversity, the Loon Lake 

Loon Association, and Project Gutpile 

(petitioners). The petitioners cited 

section 21 of the Toxic Substances 

Control Act (TSCA) and requested EPA 

to initiate a rulemaking under section 

6(a) of TSCA applicable to fishing tackle 

containing lead (e.g., fishing weights, 

sinkers, lures, jigs, and/or other fishing 

tackle), of various sizes and uses that are 

ingested by wildlife, resulting in lead 

exposure. After careful consideration, 

EPA denied the petition by letter dated 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS