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[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Proposed Rules]
[Pages 10450-10451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4059]

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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.

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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).
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    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

[[Page 10451]]

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.
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    \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.
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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 Sec.  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:

Sec.  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)              1,200.0
                              anthracene.
K171.......................  Benzene...................            500.0
                             Arsenic...................          1,600.0
K172.......................  Benzene...................            100.0
                             Arsenic...................            730.0
 
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[FR Doc. 2012-4059 Filed 2-21-12; 8:45 am]
BILLING CODE 6560-50-P
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