[Federal Register Volume 65, Number 187 (Tuesday, September 26, 2000)]
[Proposed Rules]
[Pages 57781-57794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24573]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 148, 261, 268, 271 and 302

[FRL-6876-2]
RIN 2050-AE49


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste: Inorganic Chemical Manufacturing Wastes; Land Disposal 
Restrictions for Newly Identified Wastes; and CERCLA Hazardous 
Substance Designation and Reportable Quantities; Proposed Rule; 
Technical Correction

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; Technical correction.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting errors 
that appeared in the September 14, 2000 proposed rule (65 FR 55684) 
that announced the proposal to amend the regulations for hazardous 
waste management under the Resource Conservation and Recovery Act 
(RCRA) by listing as hazardous three wastes generated from inorganic 
chemical manufacturing processes. This document creates no new 
regulatory requirements. Rather, it corrects minor editing and 
formatting errors associated with the September 14, 2000 Federal 
Register document.

DATES: The comment period for the proposal (65 FR 55684, September 14, 
2000) ends on November 13, 2000.

ADDRESSES: If you wish to comment on the proposed rule (65 FR 55684), 
you must send an original and two copies of the comments referencing 
docket number F-2000-ICMP-FFFFF to: RCRA Information Center, Office of 
Solid Waste (5305G), U.S. Environmental Protection Agency Headquarters, 
1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Hand deliveries 
of comments should be made to RCRA Information Center, Crystal Gateway 
I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA.
    You also may submit comments electronically by sending electronic 
mail through the Internet to: <a href="/cdn-cgi/l/email-protection#582a3b2a39753c373b333d2c183d2839763f372e"><span class="__cf_email__" data-cfemail="1c6e7f6e7d3178737f7779685c796c7d327b736a">[email protected]</span></a>. You should identify 
comments in electronic format with the docket number F-2000-ICMP-FFFFF. 
You must submit all electronic comments as an ASCII (text) file, 
avoiding the use of special characters and any form of encryption.
    Address requests for a hearing to Mr. David Bussard at: Office of 
Solid Waste, Hazardous Waste Identification Division (5304W), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, 
Washington, D.C. 20460, (703) 308-8880.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA/Superfund Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing 
impaired). In the Washington, D.C., metropolitan area, call (703) 920-
9810 or TDD (703) 412-3323. For specific aspects of the rule or the 
technical corrections, contact Ms. Gwen DiPietro, Office of Solid Waste 
(5304W), U.S. Environmental Protection Agency, 1200 Pennsylvania 
Avenue, NW, Washington, D.C., 20460. [E-mail address and telephone 
number: <a href="/cdn-cgi/l/email-protection#a4c0cdd4cdc1d0d6cb8ac3d3c1cae4c1d4c58ac3cbd2"><span class="__cf_email__" data-cfemail="e5818c958c8091978acb8292808ba5809584cb828a93">[email protected]</span></a> (703-308-8285).]

SUPPLEMENTARY INFORMATION:

I. Reasons and Basis for Today's Notice

    The Agency in its review of the September 14, 2000 proposed rule 
(65 FR 55684) identified formatting and typographical errors in certain 
sections of the preamble and regulations.
    Today's notice corrects these errors.

II. Public Comment Period

    Today's notice does not create any new regulatory requirements; 
rather EPA is publishing these corrections to enable members of the 
public to understand the notice of the proposed rulemaking more quickly 
and easily. EPA believes that the September 14, 2000 notice presented 
the substance of the proposed rule, the rationale and the supporting 
data clearly enough to allow interested persons to understand all 
aspects of the proposed rule and to make comments. Consequently, EPA 
finds that it is not necessary to extend the comment period for the 
proposed rule. The comment period will still close on November 13, 
2000.

[[Page 57782]]

III. Docket for the Proposed Rule

    If you do not submit comments electronically, we ask you to 
voluntarily submit one additional copy of your comments on labeled 
personal computer diskettes in ASCII (text) format or a word processing 
format that can be converted to ASCII (text). It is essential to 
specify on the disk label the word processing software and version/
edition as well as your name. This will allow us to convert the 
comments into one of the word processing formats we utilize. Please use 
mailing envelopes designed to physically protect the submitted 
diskettes. We emphasize that submission of comments on diskettes is not 
mandatory nor will it result in any advantage or disadvantage to any 
commenter.
    You should not submit electronically any confidential business 
information (CBI). You must submit an original and two copies of CBI 
under separate cover to: RCRA CBI Document Control Officer, Office of 
Solid Waste (5305W), U.S. EPA, 1200 Pennsylvania Avenue, NW, 
Washington, D.C. 20460. Any CBI data should be specifically and clearly 
marked. In addition, please submit a non-CBI version of your comments 
for inclusion in the public record.
    Supporting documents in the docket for this proposal are also 
available in electronic format on the Internet: http://www.epa.gov/epaoswer/hazwaste/id/inorchem/pr2000.htm. We will keep the official 
record for this action in paper form. Accordingly, we will transfer all 
comments received electronically into paper form and place them in the 
official record, which also will include all comments submitted 
directly in writing. The official record is the paper record maintained 
at the RCRA Information Center, also referred to as the Docket.
    Our responses to comments, whether the comments are written or 
electronic, will be in a notice in the Federal Register or in a 
response to comments document placed in the official record for this 
rulemaking. We will not immediately reply to commenters electronically 
other than to seek clarification of electronic comments that may be 
corrupted in transmission or during conversion to paper form, as 
discussed above.
    You may view public comments and supporting materials in the RCRA 
Information Center (RIC), located at Crystal Gateway I, First Floor, 
1235 Jefferson Davis Highway, Arlington, VA. The RIC is open from 9 
a.m. to 4 p.m., Monday through Friday, excluding federal holidays. To 
review docket materials, we recommend that you make an appointment by 
calling 703-603-9230. You may copy a maximum of 100 pages from any 
regulatory docket at no charge. Additional copies cost $0.15/page.

List of Subjects

40 CFR Part 148

    Environmental protection, Administrative practice and procedure, 
Hazardous waste, Reporting and recordkeeping requirements, Water 
supply.

40 CFR Part 261

    Environmental protection, Hazardous materials, Waste treatment and 
disposal, Recycling.

40 CFR Part 268

    Environmental protection, Hazardous materials, Waste management, 
Reporting and recordkeeping requirements, Land Disposal Restrictions, 
Treatment standards.

40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous material transportation, 
Hazardous waste, Indian-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

40 CFR Part 302

    Environmental protection, Air pollution control, Chemicals, 
Emergency Planning and Community Right-to-Know Act, Extremely hazardous 
substances, Hazardous chemicals, Hazardous materials, Hazardous 
materials transportation, Hazardous substances, Hazardous wastes, 
Intergovernmental relations, Natural resources, Reporting and 
recordkeeping requirements, Superfund, Waste treatment and disposal, 
Water pollution control, Water supply.

    Dated: September 19, 2000.
Matt Hale,
Deputy Director, Office of Solid Waste.

    The following corrections are made in the preamble to FRL-6864-5, 
Identification and Listing of Hazardous Waste: Inorganic Chemical 
Manufacturing Wastes; Proposed Rule, published in the Federal Register 
on September 14, 2000 (65 FR 55684):
    1. On page 55684, in the second column, first full paragraph, in 
the ADDRESSES Section, change the electronic mail address for the 
docket from ``<a href="/cdn-cgi/l/email-protection#3c4e5f4e5d58535f5759487c594c5d515d555012594c5d125b534a"><span class="__cf_email__" data-cfemail="e597869784818a868e8091a580958488848c89cb809584cb828a93">[email protected]</span></a>'' to ``<a href="/cdn-cgi/l/email-protection#beccddccdf93dad1ddd5dbcafedbcedf90d9d1c8"><span class="__cf_email__" data-cfemail="1c6e7f6e7d3178737f7779685c796c7d327b736a">[email protected]</span></a>.''
    2. On page 55687, in the first column, in Section C, in the second 
paragraph the appropriate quotes and indentations were missing. The 
entire Section C is reprinted below with the appropriate corrections:

C. What Is the Consent Decree Schedule for and Scope of This Proposal?

    The 1984 Hazardous and Solid Waste Amendments (HSWA) to RCRA 
require EPA to make listing determinations for several specified 
categories of wastes, including ``inorganic chemical industry wastes'' 
(see RCRA section 3001(e)(2)). In 1989, the Environmental Defense Fund 
(EDF) filed a lawsuit to enforce the statutory deadlines for listing 
decisions in RCRA Section 3001(e)(2). (EDF v. Browner; D.D.C. Civ. No. 
89-0598). To resolve most of the issues in the case, EDF and EPA 
entered into a consent decree, which has been amended several times to 
revise deadlines for EPA action. Paragraph 1.g (as amended) of the 
consent decree addresses the inorganic chemical industry:

    ``EPA shall promulgate a final listing determination for 
inorganic chemical industry wastes on or before October 31, 2001. 
This listing determination shall be proposed for public comment on 
or before August 30, 2000. The listing determination shall include 
the following wastes: sodium dichromate production wastes, wastes 
from the dry process for manufacturing phosphoric acid, phosphorus 
trichloride production wastes, phosphorus pentasulfide production 
wastes, wastes from the production of sodium phosphate from wet 
process phosphoric acid, sodium chlorate production wastes, antimony 
oxide production wastes, cadmium pigments production wastes, barium 
carbonate production wastes, potassium dichromate production wastes, 
phenyl mercuric acetate production wastes, boric acid production 
wastes, inorganic hydrogen cyanide production wastes, and titanium 
dioxide production wastes (except for chloride process waste 
solids). However, such listing determinations need not include any 
wastes which are excluded from hazardous waste regulation under 
section 3001(b)(3)(A)(ii) of RCRA and for which EPA has determined 
that such regulation is unwarranted pursuant to section 
3001(b)(3)(C) of RCRA.''

Today's proposal satisfies EPA's duty under paragraph 1.g to propose 
determinations for inorganic chemical industry wastes.
    As described above, the consent decree provides that EPA does not 
need to make listing determinations for certain wastes that it has 
exempted from hazardous waste regulations under the ``Bevill 
amendments'' to RCRA. See the discussion of ``exempt mineral 
processing'' wastes in section III.B.1 below.

[[Page 57783]]

    3. On page 55693, in Section 4. Evaluation of Secondary Materials, 
in the first paragraph, enclose ``40 CFR 261.2(e)'' in parenthesis.
    4. On page 55720, Table III-12 was incorrectly formatted. Table 
III-12 should read as follows:
[GRAPHIC][TIFF OMITTED]TP26SE00.000


[[Page 57784]]


    5. On page 55721, Table III-13, incorrect values were identified 
for the ``Adult HQ'' and ``Child HQ'' for cadmium. Table III-13 should 
read as follows:
[GRAPHIC][TIFF OMITTED]TP26SE00.001


[[Page 57785]]


    6. On page 55729, Table III-21, in the fourth row ``Tote bin wash 
water'', the formatting for the reported hazard codes and the 
sequential management practices were not aligned correctly. Table III-
21 should read as follows:
[GRAPHIC][TIFF OMITTED]TP26SE00.002


[[Page 57786]]


    7. On page 55731, Table III-22, in the second row ``Initial washout 
water from reactor'', the formatting for the reported hazard codes and 
the sequential management practices were not aligned correctly. Table 
III-22 should read as follows:
[GRAPHIC][TIFF OMITTED]TP26SE00.003


[[Page 57787]]


    8. On page 55736, in Table III-28 a typographical error occurred in 
the first row of the table. Change ``5E-08'' to ``6E-08'' as the value 
under Adult HQ for, zinc for the 90th percentile. As corrected, Table 
III-28 is as follows:
[GRAPHIC][TIFF OMITTED]TP26SE00.004

    9. On page 55737, Table III-30 was incorrectly formatted. Table 
III-30 should read as follows:
[GRAPHIC][TIFF OMITTED]TP26SE00.005


[[Page 57788]]


    10. On page 55747, in Table III-38 a typographical error was 
identified. Change ``0.003'' to ``0.006'' for the Child HQ for antimony 
for the 95th percentile. A corrected Table III-38 is as follows:
[GRAPHIC][TIFF OMITTED]TP26SE00.006

    11. On page 55751, in the first column, in section (6), a dash and 
an indentation were missing. The corrected text should read as follows:
    (6) Recovered solids from the reaction area. Housekeeping results 
in the collection of coke and ore solids from the vicinity of the 
reaction area.
    These wastes are Beville exempt.

    --In one case, the facility conducts some processing of their 
ferric chloride waste acid (which is subsequently sold as a water 
and wastewater reagent), and generates a solids stream. We consider 
the processing that this facility conducts to be either an ancillary 
process or chemical manufacturing, and thus the subsequent solids 
stream is not generated from mineral processing and therefore is not 
exempt.


[[Page 57789]]


    12. On page 55762, Table III-55 was not correctly formatted. The 
last entry, ``2378-TetraCDD Equivalent'' should be separated from other 
entries with a double line to designate the fact that it is a 
calculated value. Table III-55 should read as follows:
[GRAPHIC][TIFF OMITTED]TP26SE00.007

    13. On pages 55775-55776, in section ``C. Paperwork Reduction Act'' 
in the last paragraph EPA reported the three year burden estimates as 
opposed to the annual burden estimate. The corrected text should read 
as follows:
    The total annual respondent burden and cost for all existing 
paperwork associated with this proposed rule presented here represents 
the incremental increase in paperwork burden under four existing 
Information Collection Requests (ICRs). We estimate the total annual 
respondent burden for all information collection activities to be 
approximately 150 hours, at an annual cost of approximately $6,819.
    The following corrections are made to the text of the proposed 
rules in FRL-6864-5, Identification and Listing of Hazardous Waste: 
Inorganic Chemical Manufacturing Wastes; proposed rule, published in 
the Federal Register on September 14, 2000 (65 FR 55684):
    1. On page 55778, in the third column, amendatory instruction 2, 
showing amendments to Sec. 148.18 incorrectly refers to ``Sec. 148.19'' 
in the regulatory heading. The correct text is: Sec. 148.18 Waste 
specific prohibitions--newly identified wastes.
* * * * *
    2. On page 55779, the amendments to the tables in Sec. 261.32, 
appendices VII and VIII were incorrectly formatted. Amendatory 
instructions 5, 6, and 7 and the tables should read as follows:

[[Page 57790]]

    5. In Sec. 261.32, the table is amended by adding in alphanumeric 
order (by the first column) the following wastestreams to the subgroup 
``Inorganic Chemicals'' to read as follows:


Sec. 261.32  Hazardous waste from specific sources.

* * * * *
[GRAPHIC][TIFF OMITTED]TP26SE00.008

* * * * * * *
    6. Appendix VII to Part 261 is amended by adding the following 
wastestreams in alphanumeric order (by the first column) to read as 
follows:
[GRAPHIC][TIFF OMITTED]TP26SE00.013

* * * * *

[[Page 57791]]

    7. Appendix VIII to Part 261 is amended by adding in alphabetical 
sequence of common name the following entries:
[GRAPHIC][TIFF OMITTED]TP26SE00.009

    3. On page 55780, in Sec. 268.40 in the Table--Treatment Standards 
for Hazardous Wastes--there are two errors. For the row K177, lead, 
change the wastewater concentration from 0.60 to 0.69 and correct the 
formatting for the CAS number, and concentrations for the first and 
second common names under K178. The corrected table reads as follows:


Sec. 268.40  Applicability of treatment standards.

* * * * *

[[Page 57792]]

[GRAPHIC][TIFF OMITTED]TP26SE00.010


[[Page 57793]]


[GRAPHIC][TIFF OMITTED]TP26SE00.011


[[Page 57794]]


[GRAPHIC][TIFF OMITTED]TP26SE00.012

[FR Doc. 00-24573 Filed 9-25-00; 8:45 am]
BILLING CODE 6560-50-C


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