Wood Surface Protection; Identification and Listing Of
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This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25706 Federal Register / Vol. 58, No. 79 I Tuesday, April 27, 1993 I Proposed Rules ENVIRONMENTAL PROTECTION chlorophenolics does not resume. The & Paper Association, and the National AGENCY intended effect of this proposed listing Furniture Manufacturers Association. will be to insure that wastes generated These documents are also available for 40 CFR Parts 260,261, 264, 265, 270 from surface protection processes public review in the docket for this and 302 covered under this listing will be rulemaking. The contents of this properly managed. preambl.3 are listed in the following [FRL-4596-6J DATES: EPA will accept public outline: RIN 2050-AD60 comments on this proposed rule until I. Legal Authority June 28, 1993. Comments postmarked II. Background Wood Surface Protection; after this date will be marked "late" and A. History of the Regulation Identification and Listing of Hazardous may not be considered. Requests for B. Summary of Additional Information Waste; Testing and Monitoring extensions will not be granted due to Collection Activities; Standards for Owners and judicial deadlines for the promulgation Ill. Description of the Industry and Surface Operators of Hazardous Waste of a final rule. Any person may request Protection Processes Treatment, Storage, and Disposal a public hearing on this proposal by A. Defining Surface Protection Facilities filing a request with Mr. David Bussard, B. Process Description IV. Summary of the Proposed Regulation AGENCY: Environmental Protection whose address appears below, by May 11, 1993. A. Overview of Proposed Hazardous Waste Agency. Listing ACTION: Notice of proposed rulemaking. ADDRESSES: The official record of this B. Proposed Hazardous Waste Management rule-making is identified by Docket Standards SUMMARY: The U.S. Environmental Number F-93-F33P-FFFFF and is C. Historical Soil Contamination Protection Agency (EPA) is proposing to located at the following address: EPA V. Options Considered by the Agency amend the regulations for hazardous RCRA Docket Clerk, room 2427 (OS- A. Not Listing Wood Surface Protection waste management under the Resource 332), U.S. Environmental Protection Wastes as Hazardous Conservation and Recovery Act (RCRA) Agency, 401 M Street SW., Washington, B. Rationale for Proposing to List Wood by proposing to list as hazardous certain DC 20460. Surface Protection Wastes as Hazardous wastes from the use of chlorophenolic The docket is open from 9 a.m. to 4 VI. Description of Wastes Generated formulations in the wood surface p.m., Monday through Friday, excluding A. Types of Wastes Included in this protection industry. The Agency is Federal holidays. The public must make Proposal proposing to list these wastes if the an appointment to review docket B. Quantities of Waste Generated user's in-process formulation contains a materials by calling (202) 260-9327. The C. Waste Management Practices concentration greater than 100 ppb public may copy 100 pages from the D. Pollution Prevention and Recycling Practices pentachlorophenate. This action docket at no charge; additional copies are $0.15 per page. Copies of materials VII. Analysis Supporting this Proposal proposes various testing, analysis, A. Recorded Incidents of Environmental relevant to the CERCLA portions of this recordkeeping requirements and Contamination management standards for wood surface rulemaking also are located in room B. Waste Characterization and Constituents protection plants. Related to the testing 2427 at the above address. of Concern requirement, the Agency proposes to To request a public hearing on this C. Health and Ecological Effects amend SW-846 ("Test Methods for proposal file a request with Mr. David 1. Toxicity of Constituents Evaluating Solid Waste, Physical/ Bussard (OW-330), U.S. Environmental a. Human Health Criteria and Effects Chemical Methods") to include Method Protection Agency, 401 M Street SW., b. Constituents Proposed for Addition to 4010 (Immunoassay Test for the Washington, DC 20460. Appendix VIII Presence of Pentachlorophenate). This FOR FURTHER INFORMATION CONTACT: The c. Potential Human Exposure Pathways action also proposes to modify the RCRA/Superfund Hotline, at (800) 424- d. Ecological Effects Comprehensive Environmental 9346 (toll-free) or (703) 920-9810, in the 2. Resource Damage Incidents Response, Compensation, and Liability Washington, DC metropolitan area. The a. Contaminated Media Act (CERCLA) list of hazardous TDD Hotline number is (800) 553-7672 b. Discussion substances to reflect the newly proposed (toll-free) or (703) 486-3323, locally. For 3. Assessment of Risk from Usage of Chlorophenolic Formulations listing. This action proposes to add six technical information on the proposed a. Source Characterization hazardous constituents to appendix VIII listing, contact Mr. David J. Carver at 1. Process drippage of 40 CFR part 261 and to amend (202) 260-6775, Office of Solid Waste 2. Storage yard wash-off appendix VII of 40 CFR part 261 by (OS-333), U.S. Environmental 3. Process area and storage yard soils adding F033 and the hazardous Protection Agency, 401 M Street SW., b: Exposure Pathway Analysis constituents found in the wastes on Washington, DC 20460. 1. Ground water ingestion which the listing determination is For technical information on the 2. Direct soil ingestion based. Finally, this action also requests CERCLA aspects of this rule, contact: 3. Fish and shellfish ingestion comment on the option not to list as Ms. Gerain H. Perry, Response c. Characterization of Risk from Usage of hazardous wastes from the surface Standards and Criteria Branch, Chlorophenolic Formulations protection processes wtich would fall Emergency Response Division (5202-G), 1. Individual Risk from usage of within the scope of this proposed U.S. Environmental Protection Agency, chiorophenolic formulations listing. The "no-list" option is being 401 M Street SW., Washington, DC 2. Population risk from usage of 20460, (703) 603-8732. chlorophenolic formulations considered by the Agency because VIII. Applicability of the Land Disposal future generation of these wastes is SUPPLEMENTARY INFORMATION: To assist Restrictions expected to rapidly diminish and the public in its review of critical IX. State Authority because the results from risk analysis documents, the Agency has provided A. Applicability of Final Rule in show that risk from the dominant copies of all relevant background Authorized States exposure pathways is relatively modest documents to the following affected B. Effect on State Authorizations assuming the widespread use of National trade groups: American Forest 1. HSWA Provisions This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. Federal Register / VoL 58, No. 79 I Tuesday, April 27, 1993 / Proposed Rules 25707 2. Modification Deadlines protection industry by the end of expressed by a drastic score analysis, X. Proposed Amendment of SW-846 (Test December, 1993. and (5) whether or not a plant cleaned Methods for Evaluating Solid Waste, out equipment prior to switching over to Physical/Chemical Methods) B. Summary of Additional Information a substitute product. Video and still XI. CERCLA Designation and Reportable Collection photography captured much of the on- Quantities Since 1990, the Agency has acquired site work. Information was also XH. Comnpliance Costs Associated with- the information Rule a substantial amount of new rollected from plant personnel. The A. Executive Order 12291 on the surface protection industry and Agency also collected information from B. Cost of Proposed F033 No-List Option its waste generation. This new EPA Regional Offices, State and local C. Cost of Proposed F033 List Option information was obtained, in part, from agencies, and other federal agencies D. Benefits of Proposed F033 Listing questionnaire responses which the including the U.S. Forest Service, the K Cost Effectiveness Analysis Agency received from 134 plants under Department of Commerce. the Internal XIIL Regulatory Requirements the authority of RCRA section 3007. The Revenue Service, and the U.S. Customs A. Regulatory Flexibility Act information obtained includes a history Service. All information related to this B. Paperwork Reductio Act of past use of the chlorophenolic surface proposal for which a Confidential I. Legal Authority protectants and information on the Business Information (CBI) claim has duration of their use, as well as not been made is available for public These regulations are being process authority of production information, review in the docket for this promulgated under the information, and waste generation and sections 2002(a) and 3001(b) and (e)(1) rulemaking. For more information about management information. the Agency's CBI protection, please refer of the Solid Waste Disposal Act, as In addition to the information amended, 42 U.S.C. 6912(a), 6921(b) to 40 CFR part 2, subpart B. The Agency collected through the questionnaires, requests comment on the information and (eX1). and 6922 (commonly referred the Agency visited and interviewed to as RCRA), and section 102(a) of the gathered to support this proposal, personnel at various plant sites including information gathered from Comprehensive Environmental throughout the Nation. The majority of Response. Compensation, and Liability sawmill sites across the country.