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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. the plants selected for oh-site interviews Based on the additional data Act of 1980 (CERCLA), 42 U.S.C. used, at the time of the visit, 9602(a). collected, the Agency examined chlorophenolic formulations to protect potential human health pathways, ft. Background the surface of lumber. All process types ecological effects, and performed new and varying production sizes were A. History of the Regulation risk modeling to simulate the flow of observed. These visits assisted the waste drippage to ground water and to Section 3001(e) of RCRA as amended Agency in selecting appropriate initial nearby streams. Both waste and by the Hazardous and Solid Waste sampling locations, as well as in environmental media samples weret Amendments (HSWA) requires EPA to obtaining information about process taken to obtain true soil concentrations determine whether to list as hazardous layouts, terrain, and proximity to for the purpose of running the risk wastes containing chlorinated dioxins groundwater wells. In addition, the models. Also, additional damage and chlorinated dibenzofurans. As part Agency studied waste management and incidents were identified to provide of this mandate, the Agency in 1988 pollution prevention practices, additional data for this listing initiated an investigation of dioxin- Subsequent site visits included determination. The details of the containing wastes from wood surface familiarization sampling which was Agency's risk assessment and health protection and wood preserving used to estimate present waste content effects analysis are discussed in section processes. prior to record sampling which followed VI.(C) of the preamble. On December 30, 1988, EPA proposed during subsequent site visits. The site four hazardous waste listings pertaining selection process was not a random III. Description of the Industry and to wastes from wood preserving and selection process. The Agency Surface Protection Processes surface protection, as well as a set of conducted on-site studies at 19 different A. Defining Surface Protection standards for the management of these operating plants. From infbrmation wastes (53 FR 53282). The Agency collected at these on-site visits, The wood surface protection industry finalized three generic hazardous waste combined with extensive research and consists primarily of sawmills that cut listings for wastes from wood preserving industry trade group assistance, the rough lumber and timber. United States processes and promulgated standards in Agency determined that it could obtain manufacturers produced a total of 43.13 40 CFR parts 264/265, Subpart W for the better, more realistic information on the billion board feet of lumber in 1989. Of management of these wastes on drip wastes generated by the sawmill the total production, the top 10 lumber pads on December 6, 1990 (55 FR industry if it chose specific sites, producers manufactured 13.71 billion 50450). (The Agency subsequently instead of using a random selection board feet. about 28 percent of the total modified those listings on December 24, process. The Agency used various U.S. output. Small sawmill operations parameters to select the five chosen sites account for the remaining volume (72%) 1992 (57 FR 61492).) In the December 6, for record analysis. A more detailed 1990 final rule, the Agency deferred of the lumber produced in the U.S. listing wastes from the surface discussion as to site selection can be The types of wood that are cut are protection industry because of a need found in the background document for divided into two main classes, for additional data on these wastes to this rulemaking. However, the Agency softwoods and hardwoods Softwoods determine whether they should be listed believed that the following variables are those obtained from such coniferous as hazardous wastes. affected waste generation to the largest trees as pines, spruces, hemlocks, and In accordance with a proposed degree: (1) Process type, (2) production firs; hardwoods come from deciduous consent decree signed by the EPA and quantity, (3) current management trees, and include such trees as oaks, the Environmental Defense Fund (ED, practices, (3) current or pest user status ashes, maples, basswood, poplars, gums, EPA has agreed to promulgate a final (along with time period since last used as well as many tropical trees. listing determination for chlorophenolic a chlorophenolic), (4) degree for Softwoods are used more extensively in wastes generated by the wood surface potential groundwater contamination as building construction and hardwoods This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

25708 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules

are used for furniture, interior finish, The trade names of the stacked and prepared for surface and for products where special wood chlorophenolic formulations used in protection. The large mills in the structure is desired. wood surface protection include western U.S. export much of their The surface protection industry Permatox 101, Permatox 181, and product and treat their lumber with protects wood against sapstaining that Permatox 10S, all of which were made surface protectants all year, while may occur during temporary lumber by Chapman Chemicals and are no smaller plants or large plants that do not storage. Sapstaining of freshly cut longer being produced. By the time typically export, only treat their lumber lumber will occur in humid conditions, today's proposal is promulgated as a with surface protectants during humid typically when the water content inside final rule, the Agency does not expect months depending on the region of the the wood is greater than 19% water. there will be any users of full-strength country in which they operate. Often, Sapstain does not attack the structural chlorophenolic formulations within the wood that is prepared for export is components of the wood, however, the surface protection industry. ("Full- treated with surface protectants because affected surface becomes colored with strength" formulations are those having ship transit often subjects the wood to dark blue or black stains. This a typically recommended high humidity. Usually, only high grade discoloration is often objectionable to chlorophenolic content by the wood is treated with surface protectants. the buyer and may decrease the value of manufacturer of approximately 0.4 Once the wood has been cut at a the wood. Following one day of storage, percent pentachlorophenate.) Many sawmill, it is typically surface protected the stain can usually be planed away; plants, however, use, and will continue unless It is low quality, or will be however, stains that remain on lumber to use for some time, formulations with preserved later at a different facility for a longer period usually cannot be lower concentrations of (i.e., by the customer). Although surface F laned away without excessive wood pentachlorophenate. protection is usually accomplished at oss. To avoid staining, many plants As a result of increased the sawmill, the Agency recognizes, as coat lumber with chemicals to prevent environmental concerns and more noted above, that other types of facilities the occurrence of stain. This practice is stringent regulation involving (particularly furniture manufacturers) accomplished on-site at sawmills pentachlorophenol and related may perform this process. The Agency throughout the country, during various chemicals, alternative formulations have assumes that the types of processes used periods of the year, depending on the been developed to replace sodium at sawmills (described below) are the regional climate. The Agency believes pentachlorophenate. The Agency same as those used by furniture that there are approximately 3200 requests information on substitute manufacturers or other types and that sawmills operating in the U.S. today. chemicals sold in the U.S. that can be the quantities of waste generated are Out of that number, approximately 980 used in place of the chlorophenolic also similar. This assumption is based mills perform some surface protection formulations with which this proposed on the Agency's in-depth knowledge of activities. listing is concerned. Information on wood surface protection. The processes alternate use will be incorporated into a described in this section are, to the The Agency believes that other manual detailing pollution prevention industries, including furniture Agency's knowledge, the only types of manufacturing and lumber export, are methods currently being developed by processes available for wood suace or the Agency to benefit the lumber protection, and, therefore, are the only have been engaged in surface protection industry. processes likely to be used by any operations. The Agency requests industry which surface protects wood. information on the extent or absence of B. Process Description There are three major processes used this practice (both past and current) Sawmill cutting operations are by sawmills for applying anti-stain within these and other industries. It is typically the same at all plants. Raw formulation to wood: the dip process, important to note that because the logs are cut into cants that are trimmed the spray process, and the green chain Agency is proposing a non-specific Into rough lumber. In some cases, cants process. The Agency was unable to source hazardous waste listing (F waste are cut to specific lengths or further obtain information on the treatment of code), all industries performing surface finished depending on the final wood by furniture manufacturers or protection operations are potentially destination of the lumber product. Not exporting firms and requests subject to this proposed regulation, not all sawmills conduct surface protection information on this. just sawmills. Based on any information operations. Surface protection is Typically, a sawmill will use only one received during the comment period typically conducted at mills that process process to surface protect; however, the and from further EPA investigations hardwoods; however, soft woods cut for Agency realizes that some plants use a before promulgation of the final rule, export may also be surface protected. combination of processes to treat lumber EPA will modify the risk and cost An estimation of process "cutting" at different locations throughout a mill. estimates as appropriate to account for production rates is important in Dipping is a batch process; green chain other potentially affected facilities. estimating surface protection waste and spray operations are continuous The surface protection of wood generation rates. For this purpose, the processes. The process type influences involves the application of sapstain Agency grouped mills into three the amount of control a plant has on control agents by spraying or dipping. categories, by production rate: Small waste which it generates. Historically, chlorophenolic mill production (less than 5 million I Dip operations offer the best formulations used for anti-stain board feet (mbf) per year), medium mill opportunity to control drippage since an purposes consisted of sodium production (between 5 and 25 mbf/ owner or operator has the capability of pentachlorophenate, which is an year), and large mill production (more keeping the wood over the tankintil it aqueous solution produced by than 25 mbf/year). The Agency studied stops dripping. In actuality, however, dissolving pentachlorophenol in sodium these groups to determine if particular dipping operations can lead to more hydroxide (NaOH). The active management standards or practices are drippage when mills do not allow the ingredient in the formulation, related to mill size. The Agency treated loads to stop dripping before the depending upon the pH of the system, conducted on-site interviews and next load is dipped. Lumber is dipped may exist as pentachlorophenol or as sampling at mills in all three production in horizontal bundles, as a result, sodium pentachlorophenate. categories. After the wood is cut, it is surface protectant is often trapped 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 / Tuesday, April 27, 1993 / Proposed Rules 25709

within the bundles (referred to as "entrained" have switched to an alternate, non- risk levels for any constituents. A liquid). When forklifts chlorophenolic formulation (so-called detailed discussion of the Agency's remove the lumber, large quantities of "transitional users") and who did not modeling assumptions and actual protectant can drip from the wood if the clean out their equipment prior to parameters used to generate risk lumber is tipped. switch-over. The Agency considers the approximations can be found in the -Unlike the dipping operation, the wastes generated by such transitional docket for this proposed rule. spray operation is a continuous users to be included within the scope of This calculated level of 0.1 ppm for operation. Individual pieces of lumber this proposed listing if their the pentachlorophenate formulation are fed end-to-end by chain, roller, or formulations exceed the,proposed content is also consistent with levels conveyor belt system through d spray concentration. It is possible, h6wever, used in the Agency's RCRA hazardous box, which is often equipped with that wastes generated by a transitional waste delisting program (see 40 CFR flexible brushes or curtains at both ends user may not meet the listing 260.22). In making delisting to isolate the formulation spray and description if product switch-over either determinations, the Agency compares minimize drippage. occurred long enough ago so that all the leachable levels of the constituents of Green-chain systems represent chlorophenolics have been consumed in concern associated with a particular another type of continuous operation. the process or if the tank was cleaned waste with health based levels for those The green-chain is so-named because out thoroughly prior to switch-over. constituents. The model used (the chains drag fresh cut (or "green") To minimize future risks to human Composite Model for Landfills, or CML) lumber through a tank of protectant health and the environment from the in making delisting determinations formulation and back out again for release of wastes, EPA has set a generates Dilution Attenuation Factors sorting and grading. After the wood is maximum level of pentachlorophenate - (DAFs) in a range from 10 to 100. Where cut, it is transferred to the green chain. in a formulation of 0.1 ppm (100 ppb) a particular waste's volume is not A dip vat containing anti-stain as the level above which the proposed known, a conservative DAF of 10 is formulation is typically located at the listing applies. An owner/operator using used. The CML-generated DAF is then head of the green chain and the wood formulations containing used to determine constituent levels for falls into this vat from the cutting pentachlorophenate at or below 0.1 ppm delisting. A typical level for which operations. Some systems utilize wheels does not generate wastes that meet the wastes may be delisted for leachable or rollers just above the formulation proposed F033 listing. As described pentachlorophenol constituents is - 2 surface to force the wood pieces later, the Agency's risk assessment between 1x10 to 0.1 ppm. A typical completely into the solution. As the suggests that the use of surface level for pentachlorophenate wood is drawn from the vat and along protection formulations containing constituents would be the same, because the green chain, excess formulation is chlorophenolics at concentrations the leachable pentachlorophenate released from the wood pieces. Green- greater than 0.1 ppm may pose risks to would be expressed in analysis as chain operations are typically the least human health and the environment. pentachlorophenol. Thus, the controllable operation with respect to Formulations with penta-chloro- pentachlorophenate concentration level drippage. phenate concentrations at or below the of 0.1 for in-process formulations in the 0.1 ppm threshold established in the proposed listing is consistent with the IV. Summary of the Proposed proposed listing description would delisting level. Regulation result in levels of pentachlorophenate The Agency notes that industry has A. Overview of ProposedHazardous that reach ground water that are below been voluntarily switching to alternate Waste Listing health-based levels of concern. The 0.1 non-chlorophenolic substitutes. By level was calculated using a Maximum listing wastes generated from The Agency is proposing to add one Contaminant Level (MCL) of 0.001 ppm formulations whose pentachlorophenate group of wastes from the wood surface and a risk analysis using the Agency's concentration is above 0.1 ppm, the protection industry to the list of Multi-med model. Multi-med simulates Agency hopes to contribute to these hazardous wastes from non-specific the risk to groundwater from specific voluntary measures and to create an sources (40 CFR 261.31). This listing, if sources, and for this proposal, it impetus for switching away from the made final, would carry the F033 waste incorporated variables which are use of chlorophenolic compounds. In code and includes the following specific specific to sawmill conditions. The order to achieve a pentachlorophenate wastestreams: Agency's analysis approximated the level at or beneath 0.1 ppm, a plant that F033: Process residuals, wastewaters that dilution of pentachlorophenate from the at one point used a chlorophenolic come in contact with protectant, time the waste contacts the ground to formulation must typically clean its discarded spent formulation, and when it reaches a ground water well. equipment. The Agency has determined protectant drippage from wood surface TheAgency's selection of the 0.1 ppm that sandblasting the formulation tank is protection processes at plants that use formulation concentration level one effective method for cleaning surface protection chemicals having an generates risk levels to human health equipment to reduce penta-chloro- in-process formulation concentration of from groundwater contamination pentachlorophenate [expressed as phenate levels. The Agency has also ranging from a high end individual risk found that formulation tank pentachlorophenol during analysis) - 7 - 6 exceeding 0.1 ppm. (TI range of 5x10 to 7x10 to a central sandblasting followed by coating the tendency individual risk of 2x10- 8 . The tank with epoxy coating will reduce As noted in the language of the listing Agency considers these risks to lie both pentachlorophenate levels and description, the Agency proposes to list within the acceptable risk range. The dioxin levels. This is because dioxin as hazardous only those wastes from Agency did not arrive at the 0.1 ppm tends to bind to the walls of equipment wood surface protectionprocesses using level by applying a dilution attenuation and the coating provides a physical protectant formulations that have a factor (DAF) of 100 (as the Agency has barrier to cross-contamination. Because pentachlorophenate concentration done in other circumstances) to the of the added environmental benefits of greater than 0.1 ppm. Under this MCL. Indeed, the Agency is not taking reducing levels of dioxin in the concentration trigger, the F033 listing a position, in this proposal, about the formulation (and this reducing possible may cover owners or operators who use of DAFs in calculating acceptable dioxin contamination in process area This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. ZS7W Fedeual Rieg -r WIk 58, No. 79 / Tuesday, Ap ii 27,, 1,99W / Psepesed Rales

soils duo to drippage);,the Agency, the in-process formuiation defines, in proposing to add-. method 41O t%SW recommands,.but isnot requiring, that part; the scope oftheiproposedt listing, 846. formulation tanks be clianed,by thus making teking apropriate, The, Method 4010,is an immunoassay test sandblasting followed by epoxy coating; Agency reipssts comment om the; far thm prseswr: of pentachlimopheanet Further inf[nn tion on the Agency's appropriateness of imposing this testing, It does not provide an exact findings, including &discussior requirement concenhratWn,. but dtermike whether a equipment cleaning field testing The importne of the. proposed sample is aboveorbelow a selimit conducted during the! development of concentration-trigger in the proposed (like the. O. ppm level, pnmatseditday); this proposal can, be fond in thadocket listing descriptiom can otba The detection limit for this test is O(,iS associated with this rulemaking. overemphasized. Oy processes using ppmt Method 40Wis presendy-in draft The Agency is,also proposing to formulati with a concenttion of status and this action, proposes its require that those surface protection pentachlorophonate-emcoeding the incrporatiOtn in SW-846.. ilants that, do not Prnerate an F033 standard in, the proposed listbig would, Othem methods, far the detarmination azardous- waste. because their in- generate F033 wastes and-., thus,,bw of pentachlbrophenate as, process formulation is equalti or less subject to the, requtrementesproposed pentachlorophenol arem= - than-0.1. ppm pentachlorophenate tritest today. It is importantto notethat all Methods.827.Q and, 8Q40..Method 8270! their formulations using a method: found wood surface pmtection' plant owar (entitled Semi-Volatile Orgaric in S.W-846 (Test Miathods for Evaluating and/or operarem thae have used. Compounds by Gas Chromataraaphyi Solid Waste, Physical/Chemical chloraphonolics;nthepast wo,wish to Mass Specaometry WCMS)i uses a Methods); Several appropriatamethods transition from the use,of mass sp ctromaten topefosin analytical can befound in SW-8W including chlorephonolic to on-ci arophenolic measurements Another SW-846, methods 8040 and 2,70. This notice; formulations in. order toi& handling method, EPA Methd, 80,40 (entiled also proposes to add Method 40-1, their wastes as F033thaarduus- wastes. Phenols by GasChmmatopayhyb, (Immunoassay Test fn Determining the will be required' tiyrtst their in~procesa utilizas a, flame inimlation.technique or. Presence. of Pentacbhlroph nate) to SW -. formulations. Planotwhose, fosmulations. an electsn.catnre procedurt obtain. 846. The testing:analysi-nmst.be test at orbelo 0a ppm pentachlorsphenate concentrations.. performed' by a laboratory qualifiedto pentachlampimnate weuld! not gpneraft EPA reqpestsidata.on other test method perforrm the anaLysi4. The, Agency also; F033 wa mlnaInder sitoslrposal; that ma.be'eqaaly aftactivein. proposes.t, require thateither a howeven them plant'nmstk iiatin detecting pentachlorophanate.- a, licensed professimel enginear or records of thiman a omplFwith B. Pro responsible'company official' posedlbzardous Wasto sign, a, other one-time prvsibno pmnsedl Monagement'Shmnd tr- certification statingthw sampring subpart T {M40651 } and&t.Si560l location,,the-labomtoryused with 1eiwplWl e1s ta'ne thsnd1,its' The EPA has fbund that. the wastes address, the-date, the analysis was wastes as; FOa hazardbus we ,,an proposed for listingtocray contain toxic performadL the type- ofianatysis used an& believes that it iu-pracess, fomulatinn constituents, someof which are. the analysaisresuls,. is at ar beneeth the poposek carcinogenic. These wastes, wherr The Agency notas,that.the proposed pentachlorophenate,conentndm lmelt, mismanaged, pose a substantial threat: to testing requirement does not affect: the the plant vmenoperatormust samle- human healthand-the environment.. requinnnten of 401 212i.1 that every and aanlys the injmesspreduct Based on its study of the industeA,ths, generator of ai solid waste determiner formulatim used- to.vprotsct the surfacet Agency considers.waste whether that waste, is.ahamndous of lumber..Suck samplinp muskbe mismanagement to include dripsge, waste. Maintaining aisigned conducted-immeditslaftid1 ing spillage, or other releases ontt-soil as- certificatiom as described ahove wil. opemton. (ian4 consistenr wiUk safe. welh as dispomsah of tank sludge, into; however, establish aiparsumption that plant operationsk; and.must be' sawdust- piles tobe caied ofhas, boilr the plant has complia& with 40!CFR condtet& by the owarrr/bpomtor fuel. The AgancyiconsidersutitsiburninW 262.11.L utilizing theiguidaneefauv im chapter" of sawdust centeminated-bpahidgss Although EPA has not. in,the-ast 9 (sampling plan);and chsptsrO heavilp laden, with.pentachibrephenate' imposed-an afirmativetesting, (sampling methods) aEPWMs' Test and, dixi3n t.be-am emiwnpl of- requirement in connection with the Methods for. Eahiating Soli- Waste, mismanagemeat oL thisiwaste when the listing of other hazardous:wastes,.the, PhysicaliCheiirnLc Methods (S l-84J. plants which bum the sawdustusually Agency feels that the testing Analysis of the! formniatia.i fIErequir; do not follow 40 CFR part 266,.subpart requirement proposed! today,is both the utilizatio ofaiqnlifioi analytical, H under the.Boiler andli dhustrib" reasonable and appropriate, Unlike laboratory Smnpllingmust be pe rm fdFurnace ('BIF").Rule or 40,CFLarts other listed, hazardous.wastes, F033a, as, immediately afieroperatumto enmosme 2641265, subpart O.wlich, oVer proposed, includes intits,,regulatury true characterizatien otth frmuhatlm incinierntor operation-requimments. If, listing description,a, specific numerical since llis tlefsmmlati nr, agitatedhy however; aplant wasctssifie&-as:a concentration component.. Without use during opemfim.that drip& frn boiler-or an industrial, finacevand'is in testing and analysis requirements it, treated wood as wasta Theunsutbnof compliance' with applicable regulations, would be difficult for anmAgency. this analysis must be naintained om-site: then the-burning of these-sludgps would inspector to determine- whether the as l ng as the: plant.it ii peratinm. EPA- not be an example of mismanagement. surface protectant formulation at a given. is proposing that laboratories must use In additikn, the Agenchos.compilod plant is,at or beneath the proposed test methods flund in SW-44.. in fornaio showing that certaim threshold levek The level of Methods 8040 and 827%. w hich appear constittents found in, these wastes arw pentachlorophenate in. formulations in SW -.. are appropriate; far this persistent and; mobile in the, level cannot be determined by analysis. Thegency belvs that environment suvrounding surlfe ism, observation, alne.. t isimportant to note metho& 4O1Q-,.whichx~rsH protection. piants. Wast~fnremthis that concentration testing isanot draft fno'an&amta pms tof3V-46,si, industry are -aso)watoar6lubr andlcamn required for wastes; rathen, the also apprepriMt, forthdetenminada of be canisdiby p iocptativnarumoftomer concentration. of pentachlorophanata'in penta homephn mtunnt.- EVA. is; and downthmugk soih. Thesw, This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. Federal Register I Vol. 58, No. 79 / Tuesday, April 27, 1993 1 Proposed Rules 25711 constituents are capable of reaching calendar month and complied with the treated wood and render the sensitive environmental systems in certain conditions, it would be allowed treatment ineffective, since it is the harmful concentrations. Information to store hazardous wastes on-site for up intent of wood preserving to obtain a that supports these claims is described to 180 days without obtaining a RCRA long term protection of the wood. in detail in section VI(C) of this permit. See 40 CFR 262.34(d), (0. If a As noted recently in the Final preamble and additional supporting lant [ enerates more than 1000 kg of Modifications to Wood Preserving information can be found in the docket azardous waste in any one calendar Regulations (57 FR 61492, December 24, for this rulemaking. month (considered a large quantity 1992), incidental drippage at active In support of the F033 listing generator), then the plant would be wood preserving plants is not proposed today, EPA is proposing to allowed to store hazardous wastes on- considered illegal disposal of a amend appendices VII and VIII of part site for up to 90 days without a permit. hazardous waste if it is removed from 261. Basis for Listing Hazardous Waste See 40 CFR 262.34(a). the storage yard and managed and Hazardous Constituents, Because both wood preserving and appropriately within 24 hours (or 72 respectively. These appendices are surface protection processes treat hours) of occurrence, depending on amended to add the hazardous lumber with chlorophenolic whether the plant was in operation constituents that form the basis for formulations, a short description of the when the drippage occurred. Wood listing proposed hazardous waste No. differences between the two industries preserving incidental drippage occurs F033 (appendix VII), as well as other and their waste generation is necessary. due to "kickback" of preservative hazardous constituents contained in the The Agency considers a "wood following treatment of wood under proposed F033 waste streams (appendix preserving process" to be any process pressure. This is not the case with VIII. intended to preserve wood from surface protection. There is no The Agency is proposing to require structural attack. A wood surface "kickback" occurring in this industry wood surface protectors whose wastes protection process is a process merely" because protectant is applied to the fall within the scope of this listing to intended to prevent surface surface without pressure. However, comply with certain specific discoloration. The distinction, therefore, protectant drippage does occur from management standards proposed today is not based on the type of process used, newly treated wood at surface as subpart T of parts 264 and 265. In i.e., pressure treatment or non-pressure protection plants. Additional drippage addition, surface protectors must dip treatment, but on the intent of the may occur from surface-protected wood operate and maintain their plants in treatment itself. Therefore, "dipping" in storage, due either to liquid entrained accordance with all otherwise operations are not excluded from wood in the wood bundles or precipitation applicable RCRA requirements to preserving if the intdnt of the operation coming in contact with the wood. minimize the extent to which the wastes is to preserve wood. As the Agency Plants using surface protection contaminate the environment. The stated in its initial proposed wood formulations with concentrations of Agency believes that existing methods preserving hazardous waste listing, that pentachlorophenate greater than 0.1 for managing hazardous waste under wood preservatives are used to delay ppm are subject to the proposed subpart EPA's regulations are available to many deterioration and decay of wood caused T requirements. All drippage from surface protection plants and can by organisms such as insects, fungi, and treated wood, including any drippage adequately protect human health and marine borers. Surface discoloration that may occur as a result of any liquid the environment from the risks posed by (sapstaining) during short term storage entrainment within a packed bundle, the waste streams which the Agency is can be adequately controlled by a must cease before it is transferred to the proposing to list as hazardous. superficial application of preservative, storage yard. For purposes of containing Examples of such regulatory programs but for long lasting effectiveness, the drippage in the process area, an are the hazardous waste tank regulations penetration of preservative to a uniform owner/operator must employ either a in 40 CFR parts 264/265, subpart J and depth is required. This deep penetration tank system, such as a sump, or a drip the standards for drip pads in 40 CFR is usually accomplished by forcing pad beneath the process area. If a plant parts 264/265, subpart W. The Agency preservative into the wood under has a sump system for removal of is proposing to require plants that pressure, so that "pressure treated" is drippage in the process area, that system generate F033 wastes to manage their often used as a synonym for is subject to the tank standards in 40 F033 wastes in units that satisfy either "preserved". (53 FR 53282, December CFR parts 264/265, subpart J. Likewise, subpart J or subpart W requirements. 30, 1988). if an owner/operator installs a drip pad Under today's proposed hazardous Typically, sodium penta-chloro- for collection of process drippage, the waste listing, the Agency would phenate is used for sapstain control on drip pad standards in Subpart W are consider surface protection plants who lumber following cutting. Sapstain applicable.For those plants which generate F013 have formulations with control is considered surface protection, pentachlorophenate concentrations not wood preserving. However, if a wastes, the Agency is proposing to greater than 0.1 ppm to be potential plant is treating wood with sodium require owner/operators of those surface generators of F033 hazardous waste pentachlorophenate with the intent of protection plants to develop and under the RCRA program. There is no preserving the wood, it would be implement a contingency plan for RCRA requirement that generators. considered a wood preserving immediate response to protectant solely due to their status as generators, operation, and the wastes generated drippage in storage yards. The Agency obtain permits for operation under would be chlorophenolic wastes from a does not expect plants within the scope subpart W or J. However, generators are wood preserving plant (noted as a of the proposed listing to experience required, at times, to obtain permits if facility in the wood preserving drippage in the storage yard because the they store generated wastes on-site for regulations) designated as F032. The proposed subpart T requires that time periods which exceed their RCRA Agency believes that it would be very drippage cease prior to removing wood storage allowances based on the amount unlikely that a wood preserving facility from the process area. However, the of waste generated. For example, if a would use sodium pentachlorophenate Agency recognizes the possibility that plant generated greater than 100 but less to preserve wood, since the preserving some incidental drippage may, than 1000 kg of waste in any one solution is aqueous and would wash off nonetheless, occur after wood is This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25712 FooraI legisftr /r VL 58, No. 79 / Tuesday, AprL 27, 1993 1' l posed Rilbs removed to the storage yard. This registered professional! angineer on a sectoral; outreach program has been, contingency plan. requirement would responaible company officid of propar initiated. not apply to,drippage in.the process authority on comnpamyhlettesar that Becauseof the historical soil area, where other subpart T the owndopratar has cleaned up contaminatan associated witk the. requirements would'apply. drippage in accordanncw Aii dtise ruls, surface protectior industry, theFO3. The requirement is proposed toebe the to be adequate documentation. listing proposed today. raises issues same as the contingency? plan The Agency is propssingtorequims concerning; the regplatia and requirement promulgated for wood' plants that stoe woodonH-iter in, areas. management of contaminated, soils.. The preserving facilities in-the-Decomber 24, unprotected fromr poeciletien toi covar proposed lieting potentiall affects, 1992 final rule. In that rule, theAgency the treatei* wod bundiesito rinimine actions take. at several| thousand sites clarified what it meant by the term the quantities of supls protctant that, that ars-past. users of "immediate response" (-57 FR 61494)t run off the wood intoitha environment. pentacthlomophenatai. While this With respect to the word. "immediate," The chlorophnofi-nir sladnnuse& proposed listing, coupied with. EPA intends that owner/operators by the woedisufamntctiominduet" applica'o obthe "contained-in" policy respond, to.storage yardi drippage that are water-soluble, sit stuma y.ards ar to these sitesi,assuro'gavernment occurs while a plant is in operation easily contaminated with pmtectant jurisdictirm if such soils aro actively within one consecutive working day. A from precipitation run-off This: cover managed,. it does naot6 amits, awa facility is considered to be in operation requirement, and the contingency plan compel correctiveoaction.. Itt mvna imfact any day on which it is t'eating.wood. requirement, am baingproposad-to, seetminpedeon skew sift; clean-ups; For plants that are-not' in operation minimizm further cntarnatiumonfthe as well, as ofirem-minren a5tivitiwtha. ea during a storage yard drippage-event, environment their own, pose no significant environmental risk% if daw etii"asi the Agency expects the plant to clean up. C. HistoricalSoil'Contamination the drippage within 72 hours of result im the Senerstin ofcoatmmizatef occurrence. It is- important to note that The standards proposed. today, shnuld soils that must bw handiad aslaamdhus the timing of response to dtippage is substantially decrease a-.yn futur- wastes. In lightafm isasueME is environmental, conLamination that requesti g date andrcnnmment am th- based on when the drippage actually would otherwiseresult from continued "contained-id' pu4 occurs, rather than when the- drippage is, asiepertaimnta generation of, these. waste streams. There detected in the storage-yard. The the wood smface, protetiomnhdastr. is, however,,a considarable'amount of approach proposed today, like the Such data ard cmienrit might crasidac approach. promulgated' fbrwood soil (process aae&amid staragaeyard). and (1) The appropriateness at subjectng preserving plants, places the water (ground and suface), that already these soils.tvalLrauqlnemantwfethe responsibility for checking storage yards has been. coutaminated as a,resul of SuMdtC.program when actixely past surface. proteeten. practices. managad; for drippage on the planrowner/ EPA gpnerally, protects human. health. (2),C',level of contaminatlam in operator. Regulhr checks of storage and the enviaonmentagainstthe .risks. process area. and. storage.a,,d saila.as yards, particularly following the initial assocatedi wi h contaminated soil. via. well as groundwater an4 storage of newly treated, wood, will' the "containedin:" policy. The (3) The,rlaks posed.by these-seils. allow owner/operators to respond to "containedAn" pohlq states that media, The, Agency acknowledges.that a, drippage in accordbnce with today's containing a. listed hazardous wasteare substantial number of plants.that proposal. themselvesmsidered listed, hazardous, previously use chioopheaolic With respect to the word "response," wastes when, they are actively managed. formulations. have contaminated. their EPA intends this term toinclude (e.g., excavated). SeesChemical.Waste equipment with. doxin,.an, impurity cleanup and' removal' of protectant Managpment,Inc.v E.F.A,. 869: F.2d. found in. the. fornlation.. Sampling data drippaga from the storage yard. For 1526%, 1.53q!-40 (D.C..Cir. 1989), The show that dioxin is,. indead, foundisi purposes oftoday's proposal; cleanup of media, hanceforth, are regulated as, the protectant formulations andwastes. visible drippage from the treated Uhmber hazardoua wastes until such.timeasthe from. plants that have. switched omer to in the storage yard will satisfy the media no longer "contain" the non-chlorophenoic formulations,, requirements for immediate response. originally listed hazardous waste. indicating that therehas-been cross. The proposed: requirements for the The Agency is in the process-of contaminationby pmvious contingency plan are also the same as examining issues related to chlorophanolic use The original. those finalized in the wood preserving contaminated media and reviewing proposaL of December 30 1988- (f FR rule. Owner/operators must prepare and existing policy on these issues..EPA 53282) proposed, that all, cross,- maintain a written plan-that describes recently proposed to exempt media. contaminated wastes wauldha included, how the plant will respond to storage contaminated with petroleum, wastes, within the scope of the. listingunless an, yard drippage. At a minimnurn4 the. plan, See 57 FR.6.1542 (Dec. 24, IN90, equipment -cleaning,predumewin used. must describe how.the owner/operator (materials not regulated under the' to decontaminate the eqhpment an& will accomplish the following; Undeareound Storage Tank Prograrn prevent the, further cress-contannation, (I) Cleantup the drippaget, and 58 FR 8562 (Feb. 12, 1993JI of product and' wasteLToda s:iproposalh (ii) Document the cleanup of (materials regulated under the differs substantially fim,th.l 9i- drippage;' Underground. Storage Tank prograrn|.. propsal with respet.to.roaser- (JiiRetain this documentation, for EPA alaois involved In an.on-ping contaminateL wastes The-Agency has three years; and dialoguewith natrested partiesaspaLt determined, that a. plant must have (iv) Manage the-contaminated" media of the rulemaking-process specificaly, greater than; OI ppmim in a manner consistent with. Federal related, to thwH'azaardous Waste pentachlearophnata (expressedtae regulations. Idenificatom Rule, (IIfRf h proposed. om pen tchlb phemni duringmealisAb in, Witkregard o the requirement to, May, 243. WW (57- FR, ZIO) andi their famaulatlen to n aentea.P$ document the cleanup.of drippag, the subsequenli wfthdram on, October 30. waste"Iha emiy, bepiana.wheas Agency wilh consider an axatel 1992 (55.ER 49200)}. Sincit' foznulations are' cmseatinithmid. certification.. sigwo by either a. withdrawal,. anational an& muldt- due to previous,.anrA. new abandonsit This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. Federal segister I Vol. 58, No. 79 / Tuesday, April 27, 1903 1 Proposed Rules 25713

use of chloropherufcs. but whoe he rapidly declined, and is not risk assessment, which is described in formulations have conc ntrations of expected to increase. As indicated in detail in section V1 of this preamble, pwtaxkiropheate les than at equal to section HI, the Agency knows of only was to determine to what extent these 0.2 ppm. Information collected two sawmills currently using wastes pose a threat to human health subeequent to the 1908 proposal cltorphenolic formulations to surface and the environment For this proposal, supports the Agency's findings that protect hImber. Chapman Chemicals the Agency performed a multifaceted wastes from such plants poe what the Cthe sole recent producer of study of how these wastes have been Agency considers to be - acceptable chlorophenehc formulations) cessed and are currently distributed to the lifetime excess cancer risk from production of its chlorophenolic environment. The two principal areas of pentachlorophenate contaminaticn in formulations in January 1992 and soon risk associated with surface protection ground water of 3xlQ-6, as derived fron a ,er voluntarily filed for product wastes are: the cwcinogenic slope factor (CSF) A registration cancellation. A notice (1) Drinking water contamination detailed discussion of the Agency's risk describing this action was published for associated with groundwater sources assessment is contained in section VI(C) public review in the Federal Register contaminated by the current and past of this preamble, as well as In the notice (see 57 FR 23401 (Jun 3, 19921). use of chlorophenolics; and docket associaled with this rulemaking. Following a comment period for this action, a final cancellation order was (2) Ingestion of fish and shellfish V. Options Considered by the Agency sent to Chapman Chemicals with an tissues and ingestion of soils The Agency carefully considered all effective date of September 14,1992. contaminated over a long period of time the analysis described in Section VII of This cancellation notice cancelled the by PCDDs and PCDFs ("dioxins"). this preamble in developing today's folowing products produced by To make a listing detemination, the proposal. The Agency acknowledges Chapman Chemicals: Permatox 181, Agency applies a "weight-of-evidence" that factors in this analysis argue both loS, and 101, and Mitraol G-ST. Any approach, examining risk asodated for listing wood surface protection manufacturer would have to obtain a with all potential human health and wastes as well as far Bet listing these new registration before thes chemricals environmental exposure pathways. By wastes as hazardous. The Agency has could be re-introduced and be made listing wastes from the use of surface decided to list these wastes as available ko use in wood surface protection formulations that contain 0.1 hazardous (for reasons described irotectio. ppm PCP or above, the Agency would below), but EPA specifically requests Second, the risk associated with effect a change in the risk associated comments on the option to not list these surface protection wastes is estimated to with the cross-contamination of non- wastes as hazardous. be, for some exposure pathways, at or chlorophenolic formulations with PCP below the range of what the Agency and dioxins. The risk reductim A. Not Listing Wood Surface Protection considers acceptable. This Is the first achieved by cleaning tanks and Wastes as Hazamous hazardous waste listing proposal which equipment tu a level below 0.1 ppm, As indicated above, there Is some uses the Agency's risk characterization i.e., the incremental risk, is relatively information which suggests that the guidance (U.S. Environmental modest. The Agency's risk analysis Agency should not list wood surface Protection Agency. Guidance for Risk Indicates that the incremental risks protection wastes as hazardous. First, Assessment. Risk Assessment Council, attributed to this regulation are as the use of full-strength chlorophenolics November 1991). The purpose of the follows:

Cental Popu High sed infividuat landencyna ck sd- risk esdwalv~~~s1~ esiaeniest-s rtelris mate

- - 4 - Groundwater Conaumption lx10 tO;2x10 ,5a10 0.005

SW Ingeson . 2x0 6 to 2x10 -5 7x1 - 7 0.0004 t Best estmate for 70 year fetime.

A listing is expected to have little or unless use of full strengtim Agency's contained-in policy. The no effect on the risk associated with chlorophenolics resumes. "contained-in" policy states that media contaminated sois and ground water Finally, the Agency is aware that the containing a listed hazardous waste are that has already occurred due to sage proposed listing could, in fact. themselves considered listed hazardous of choropheeclics in the past. Only accelerate environmental contamination wastes when they are actively managed remediation of existing contamination by encouraging plants to dispose of any (e.g., excavated). See Chemical Waste would address this rsk. Site chlorophenolc-bearing formulations on- Management, Inc- v E.PA.. 869 F.2d remediation is not required by the mere site prior to the ffeicttv date of a Final 1526, 1539-40 (Di.C Cir. 1989). The listing of the wastes. Site runediation is Rule, in an attempt to avmd generating media, henceforth, are regulated as also not expected to occur to any F033 hazardous- wasft. ]y not listing hazardous wastes until such time as the significant degree as a consequence of wood surface protection wastes as media no longer "contain" the the management of contaminated media hazardous, this accelerated oriinally listed hazardous waste. incidental to general facility operations. contaminretion would not likely occur. If a manufacturer ad The damage case decibed later However, the Agency notes that if pentachlorophenate wanted to resume indicate damages from peso usage of contwainated soils ae actively mnaged its production, it would be required to chloropheno&, Damages of this following the effective date of a Final meet all of the requirements under magnitude may not occur In the future Rule, such wastes may be suibect to the FIFRA for registering a new chemical. This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25714 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules

This requires prior completion of health pentachlorophenate and dioxin can be to the effective date of the final rule. and environmental effects data sets that expected to increase significantly. The However, EPA believes there may be EPA uses to determine if the chemical Agency believes that listing these wastes disincentives to such one-time disposal. poses an unreasonable risk. EPA as hazardous will provide additional The economic value of chlorophenolic requests comment on whether FIFRA barrier to the use of these formulations formulations may discourage disposal. requirements would meet RCRA beyond the FIFRA registration process. In addition, potential liability under concerns. As noted above, EPA requests comment either the Agency's RCRA contained-in B. Rationalefor Proposing To List Wood on whether FIFRA would meet RCRA policy (discussed in section IV(c) of this concerns. Surface Protection Wastes as Hazardous preamble) and/or the Comprehensive In addition, the Agency has Environmental Response Compensation The Agency elected to propose the information concerning 21 damage cases and Liability Act (CERLCA, or listing of these wastes as hazardous for that document the presence of, and Superfund) may deter unsafe on-site several reasons. First, the Agency's threats to human health and the waste disposal. analysis suggests that, even when environment posed by the past use of For the above reasons, the Agency is chlorophenolic formulations are no pentachlorophenate (PCP) and proposing to list wood surface longer used by a plant (as is currently tetrachlorophenate (TCP) at surface protection wastes as hazardous, but is the case with a majority of surface protection plants in ground water, seeking comment on the option to "not protectors), contamination of soils and surface water, and soil. Significant list" these wastes in the final ground water will continue to occur. concentrations of PCP, often orders of rulemaking. The Agency specifically This is because "transitional users" magnitude above the water Health- requests comment and supporting typically have not cleaned their Based Level (HBL), were detected in the information on the risks poped by these equipment and elevated levels of ground water of many sawmills. The wastes. pentachlorophenates still remain in sampling and analysis data which their formulation. Drippage onto the contribute to these damage incidents VI. Description of Wastes Generated ground following treatment of lumber is were collected during on-going surface A. Types of Wastes Included in This a normal occurrence in the surface protection operations at a time when Proposal protection process. The chlorophenolic chlorophenolic formulations were formulations used by sawmills are actively used, and EPA believes they are This section describes the waste aqueous solutions that contain both Indicative of damages that could occur streams that are generated by the use of carcinogenic and systemic constituents, in the event that production and surface protection formulations including dioxin. widespread use of chlorophenolics containing chlorophenolics. Two types The risks from these wastes may be resume in the future. of primary waste streams are typically comparable to those from other listed Furthermore, as discussed above, the generated: process residuals and wastes. As a comparison, the population "no-list" option, if adopted in the final drippage. Secondary waste streams risk from the groundwater ingestion rule, would necessarily rely on the include spent formulation and pathway for the recently promulgated FIFRA cancellation of the wastewaters. wood preserving wastes listing was chlorophenolic formulations in order to Process residuals are tank sludges that lower than risks from wood surface minimize unacceptable adverse impacts accumulate in the dip tank and/or mix protection wastes (zero excess case over on human health and the environment. tank as the lumber passes through for 300 years). However, the Agency listed The Agency may take into consideration treatment. Some plants use spray wood preserving wastes because of the the impact of other statutory and systems that generate a sludge when high levels of constituents of concern regulatory requirements when making recovered formulation is filtered. and significant number of damage cases hazardous waste listing determinations Periodically, the accumulated sludge including 54 NPL sites. Although the under RCRA (as it has done here, with must be removed and is typically placed central tendency and high-end risks respect to the impact of the FIFRA on sawdust or wood chip piles on-site. determined for these surface protection cancellation on the anticipated future The ultimate destination of the sludge is wastes seem to be near the low end of volume of wastes generated). However, dependent on the management of the concern, the constituents of concern in the regulations governing the listing of sawdust piles. Plants have reported the waste are in high enough hazardous wastes at 40 CFR § 260.10 burning the sawdust on-site or shipping concentrations that these wastes would specify a wide range of factors, not all it off-site for use as boiler feed for have been listed under the previously of which will necessarily be adequately energy recovery. Depending on the used methodology employed for listing -addressed by other statutory or particle size, some of these wood chips determinations. regulatory schemes, such as those may be shipped to a pulp or paper mill. Second, EPA is very concerned about administered under FIFRA. Therefore, Some plants generate little or no tank potential risks that may occur if the Agency is reluctant to rely solely on sludge as a result of certain process chlorophenolic formulations are put other statutes to accomplish the goals of variations. Dip tank operations back into use. As indicated above, the EPA's hazardous waste listing program. sometimes utilize an internal circulation cancellation of this formulation's FIFRA Finally, today's listing is unique in system to enhance mixing and promote registration was voluntary. Following that it sets a level of pentachlorophenate penetration into the packed bundles. the voluntary action, EPA cancelled the of 0.1 ppm In formulations as the level The agitation does not allow any registration. Registration of pesticides above which the listing would apply. particulates to settle, and when the are governed by section 3 of FIFRA. The This allows plants to clean their bundles are removed, some of the Agency's regulations governing the equipment such that their formulation is suspended solids are also removed. registration process can be found at 40 beneath the 0.1 ppm regulatory level, Green chain operations sometimes use a CFR part 152, subpart C. If the cancelled thus reducing the number of plants that system of rollers that are partially chlorophenolic formulations are re- would be affected by this rule. The submerged into the dip tank. These instated for use in wood surface Agency acknowledges, as discussed rollers force the pieces of lumber under protection operations, the risks above, that there is concern about the surface of the formulation to ensure associated ,'"h the use of potential one-time waste disposal prior thorough coverage of the exposed 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 / Tuesday, April 27, 1993 1 Proposed Rules 27-715 surfaces. Forcing the lumber deeper into and export industries and requests such storage yard run-off from this industry. the tank physically drags the lumber data. The Agency has obtained, as A study performed in British Columbia, through any sludge that has settled in earlier mentioned, a substantial amount Canada provides information about run- the tank and this sludge leaves the tank of new information on the sew mill off from an on-site two-day rain event. with the treated lumber. This system industry. The quantity of wastes A copy of this study is in the docket for may agitate the formidation within the generated by this industry is described today's rulemking. The formula used to tank and achieve the same resul as an in the following paragraphs. derive the actual concentration of internal circulation system, These Based on current industry directories, chiorophenolic in run-off for use in practices are described inmor detail in the Agency estimates that there are making risk assessments is discussed the waste management section of this approximately 3200 operating sawmills later in the preamble. preamble. in the United States. The Agency further Sludges removed from process tanks Another wastestream is excess estimates that approximately 980 (one- or filters are generated inhequently and formulation drippege from freshly third) of these mills perform surface never in large quantities by this treated lumber. Excess drippage can fall protection operations. Of these 980 industry. Indeed, many small plants on the ground when the wood is mills, the EPA estimates that about 50% have never removed sludge because it transported from the dip tank or green of the lumber cut at these plants is has not caused a problem and the chain to stacking and packaging. The actually surface-protectedL These system is continuously replenished. Agency has observed that spray percentage estimates may be high for Other plants, because of their process, operations tend to result in less excess smaller mills and low for the larger generate sludge, but all of it leaves the formulation on the wood than either the mills, but the Agency believes, on plant with the treated wood product. dipping or green-chain operations. weighted average, that they ae Some plants utilize simple recovery sufficiently accurate for purposes of C. Waste Management Practices systems to minimize the loss of estimating waste generation quantities The Agency has found that wastes formulation. Pack dip operations hold and for performing risk modeling. generated by this industry are managed the wood over the dip tank at an angle .Based on the above, quantities of by any of the following methods: (11 to collect excess formulation prior to waste generated on a national level can Burned on-site as fuel, (21 shipped off- transfer to storage. Green chain and be estimated. Formulation drippage and site for use as boiler fuel, (3)land spray operations may utilize a collection precipitation run-off from storage yards disposed on-site, (41 land disposed off- pan under the conveyor to collect are the two types of waste generated at site, or (5) dripped or placed onto soil. ormulation as the freshly treated surface protection plants that the The majority of mills allow formulation lumber runs along the green chain. The A stcy believes can result in to drip directly onto the ground and treated wood is then stored on-site or ubstantial human exposure. These are dispose of shdge in sawdust piles. The Immediately shipped off-site to the the highest volume waste streams Agency has seen very little evidence of 91W, wastes generated by surface generated by the industry and are management of these wastes that would included within the scope of the be in compliance with RCRA protection processes and Included in proposedThe Agency listing. has estimated from on- requirements, were this proposed listing today's proposed listing are wastewaters finalized. However, EPA notes that there and discarded spent formulation. site field sampling and interviews are some plants that dispose of these Wastewaters are typically not generated regarding typical solution wastes in what would constitute a by this industry since itis not desirable concentrations, that the amount of proper manner for hazardous wastes. to wet freshly treated lumber.Untreated process area drippage that can occur at The details of the Agency's findings logs awaiting cutting are sometimes kept mills throughout the U.S. is between regarding waste management practices wet to reduce the risk of fire and mold 1000 and 4000 gallons per one million can be found in the docket for this formation. These wastewaters would not board feet of lumber treated. Given the rulemaking. be included within the scope of this number of sawmill plants in operation proposed listing unless they contacted throughout the country, the number of D. Pollution Preventionand Recycling formulation. The Agency has found that process types and set-ups, and the type Practices larger plants which operate indoors of management practices, the Agency The Agency is currently preparing a perform "good housekeeping" assumes that approximately 2000 separate guidance manual measures, including the washdown of gallons of drippage infiltrate soil per recommending voluntary pollution floors and equipment. The wastewaters one million board feet of hLmber prevention and waste minimization generated from these activities, if they surface-protected. techniques for the lumber industry. The contact formulation within the scope of The other type of waste that presents manual will be completed prior to the proposed listing, would be a listed significant human exposure risk is expected promulgation of a final F033 hazardous waste. Discarded spent storage yard run-off. Depending on hazardous waste listing rule in formulation includes any discarded market conditions, lumber may remain December 1993. Some recommended formulation that a plant disposes of as in the yard following surface protection strategies for pollution prevention in the a result of a change in product for longer than amonth. During this surface protection industry are formulation. period, precipitation may carry described in this section. Further formulation into nearby bodies of water B. Quantitiesof Waste Generated information will be included in the or further contaminate soils throughout manual. The Agency believes that there are the yard. The Agency Is aware that The ultimate goal of pollution three distinct user groups within the larger mills often package their wood or prevention is to reduce present and surface protection industry generating otherwise keep their wood protected future threats to human health and the this proposed F033 waste: sawmills. from weather for better resale. The environment. Pollution prevention (also furniture manufacturers, and exporters Agency notes that. given the variability referred to as source reduction) is the of wood. The Agency has been unable in plant size, location, climate, and use of materials, processes, or practices to acquire information on the extent of management practices, there is a high that reduce or eliminate the quantity use within the furniture manufacturing uncertainty in estimating the amount of and/or toxicity of wastes at the source This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25716 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules

of generation. Pollution prevention is industry: (1) Local and general contamination in nearby streams, but the first step in a hierarchy of options ventilation within the cutting process they do support the mobility property of for reducing the generation of waste. area to reduce dust which would a "chlorophenolic" (such as The first recommended pollution accumulate on wood; (2) blowing wood pentachlorophenate) to ground and prevention option is to replace chemical with air to further reduce sawdust on surface waters. Ten of the 21 damage treatment with another type of treatment wood prior to surface protection; and (3) cases showed on-site ground-water to achieve surface protection. One the use of drainage collection devices contamination with PCP above the HBL alternate is to dry the wood to reduce (gutters) on roof tops to keep rainwater of 0.001 ppm. Eleven of the 21 plants water content (high water content leads away from process wastes. For wastes showed surface water contamination to sapstain). The Agency is aware that that cannot be reduced at the source, with PCP at levels above the HBL. this option may not be economically generators may consider recycling as the viable for a smaller mill. If such a next best option. Pollution prevention B. Waste Characterizationand system cannot be feasibly employed, it practices are very critical in plant Constituents of Concern would be preferable for a user of operations that produce a hazardous Because the sampling sites were not chlorophenolic-containing formulations waste since they can reduce the amount randomly selected, to one cannot draw switch to an alternate formulation of hazardous waste generated. Recycling accurate conclusions about all sawmills that does not generate a hazardous activities, when safely operated and from this small sampling population. waste. maintained, are next best because they However, the waste characterization Because the proposed F033 listing take what would have been termed data obtained from the sample includes a concentration standard for hazardous waste generated from the population is appropriate and useful in treatment formulations, a plant could process and reuse it to reduce actual making a determination on the waste avoid generating a hazardous waste by hazardous waste generation that is itself, although it may be of limited use ensuring that its formulation is at or destined for disposal. in characterizing the entire industry. All beneath this concentration standard (0.1 VII. Analysis Supporting This Proposal three waste streams encompassed by the ppm pentachlorophenate). The Agency proposed listing contain the following performed field testing on a dip tank In support of this proposed rulemaking, the Agency has: proposed Appendix VIII constituents of formulation following the cleaning of concern: Pentachlorophnol, the tank (the plant was switching from (1) Performed sampling and analysis of various surface protection sites which tetrachlorophenol, total equivalence of a chlorophenolic formulation to a non- 2,3,7,8 substituted dibenzo-p-dioxins chlorophenolic formulation) by include actual waste and soil sampling; (2) Studied the management of these (PCDDs) and total equivalence of sandblasting and found that 2,3,7,8-substituted dibenzofurans sandblasting effectively reduces wastes; (3) Obtained examples of previous (PCDFs). Analysis of samples collected chlorophenolic contamination to at five plants show that process area acceptable levels. This is the only incidents of environmental contamination (known as damage residuals are not hazardous wastes method that has been field tested by the under the Toxicity Characteristic Agency. cases), and The Agency requests comment (4) Performed a Leachate Procedure (TCLP, 40 CFR and data rigorous risk on the effectiveness of other assessment which uses actual sampling 261.24). Analysis of samples taken at cleaning procedures, e.g. steam these five plants show that cleaning, etc. Another pollution and site data to model the effects of past and present contamination and to contaminated storage yards (which prevention option is the use of high estimate the risks that the contaminants represent the largest area of a mill) velocity spray systems that generate pose to human health and the contain low levels of dioxin (at or below fewer process residuals and less I ppb) and non-detectable levels of drippage. Again, however, environment as a result of a small chlorophenolic use. pentachlorophenate. Such dioxin production volume may not favor this concentrations are below concentrations option since spray systems require a A. Recorded Incidents of Environmental that would generally trigger a Superfund larger flow of wood through the system Contamination clean-up (1 ppb), By comparison, to be economically or technically The extent of pentachlorophenate process area soils have been found to feasible. contamination in plant process area contain high levels of dioxin and very Other pollution prevention strategies soils is well documented. The damage low to non-detectable levels of for use within the surface protection cases do not provide data on sediment pentachlorophenate.

SAMPLE ANALYSIS

Current user of PCP Past user of PCP Waste stream dioxin Penta Conc. TEF dioxin Max.(ppm) Penta Median pent Max TEF TEFMedian (ppb) (ppm) (ppb) (ppm) (ppb)

Sludge ...... 1722 ...... 88 .... :...... 247 ...... 28 ...... 15.36 3.95 Form ulation ...... 290 ...... 0.01 ...... 8.3 ...... 2.6 ...... 2.14 0.0085 Process soil ...... 0.17 ...... 0.94 ...... 1.4 ...... 1.0 ...... 4.09 2.13 Storage yard ...... 0.09 ...... 0.07 ...... Non-Detect .. Non-Detect .. 0.96 0.05 Sediment/drain ...... No Analysis ... No Analysis ... 0.97 ...... 0.03 ...... 0.034 0.017 To compare these figures with the corresponding health based levels (HBLs') for each of the constituents in soil and formulation, one can use a.HBL (pentachlorophenate In soll= 9 ppm and a HBL(pentachlorophenate in water)= 0.001 ppm. For the dioxin constituent, on should use HBL (dioxin in soil)= .007 ppb and a HBL (dioxin in water) = 0.000030 ppb. 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 / Tuesday, April 27, 1993 / Proposed Rules 25717

C. Health and Ecological Effects carcinogen, a teratogen, and an perhaps an order of magnitude) of a 1. Toxicity of Constituents immunotoxin. daily exposure to the human a. Human health criteria and effects. population, including sensitive A variety of toxic effects with EPA uses health-based levels, or HBLs, subgroups, that is likely to be without implications for human health and the as a means for evaluating levels of appreciable risk of deleterious effects environment have been associated with concern of toxic constituents in various during a lifetime. The CSF is an the chemical constituents found in media. In establishing HBLs, EPA estimate of the upper bound confidence chlorophenolic surface protection evaluates a wide variety of health effects limit of the lifetime risk of developing formulations. These constituents data and existing standards and criteria. cancer, per unit dose, which results include pentachlorophenol, 2,3,4,6- EPA uses any Maximum Contaminant from the application of a low-dose tetrachlorophenol, and other Level (MCL) promulgated under the extrapolation procedure. When chlorophenols, as well as numerous Safe Drinking Water Act as an HBL for available, EPA uses RiDs, RfCs, and polychlorinated dibenzodioxins and contaminants in water. For other media, CSFs that have been verified by the polychlorinated dibenzofurans. or if there is no MCL, EPA uses an oral Agency's Reference Dose/Reference Pentachlorophenol is classified as a reference dose (RED), an inhalation Concentration (RfD/RfC) Work Group or probable human carcinogen based on, reference concentration (RfC), and/or a CRAVE (Carcinogen Risk Assessment sufficient evidence in laboratory carcinogenic slope factor (CSF) to derive Verification Endeavor) Work Group. If animals. In addition, pentachlorophenol the HBL, in conjunction with various no verified values exist, other estimates exhibits non-cancer pathological effects exposure assumptions and, for of RiDs, RfCs, and CSFs are examined to on the liver and kidneys. 2,3,4,6- carcinogens, a risk level of concern. The determine if they are appropriate for use Tetrachlorophenol is a systemic toxicant risk level of concern may vary, but for in establishing HBLs. HBLs are intended which also has adverse effects on the the purpose of deriving the health-based to be protective of human health under liver and kidneys at low doses. As a levels in the following discussion, the a wide variety of exposure conditions. group, polychlorinated dibenzodioxins risk is taken as 10-6 (i.e., one in a Health-based levels in water and soil, and dibenzofurans exhibit a wide range million). A given constituent may have and the criteria used to establish them, of toxic effects at exceptionally low an RfD, an RfC, and/or a CSF, are shown in Table 1 for the doses. The most studied congener, depending on the variety and nature of constituents of concern in 2,3,7,8-tetrachlorodibenzo-p-dioxin, is the toxic effects exhibited. The RID is an chlorophenolic surface protection classified as a probable human estimate (with uncertainty spanning formulations.

TABLE 1.-HEALTH BASED LEVELS AND CRITERIA FOR CONSTITUENTS OF CONCERN

Health based levels Criteria ConstituentWater (mg) Sol (mg/kg) ML (mg) RfD (mg d)

Pentachlorophenol ...... 0.001 9.0 0.001 0.03 0.12 2,3,4,6-Tetrachlorophenol ...... 1.0 2000 ...... 0.03 2,3,7,8-TCDD ...... 0.00000003 0.000007 0.00000003 0.000000001 160000

Pentachlorophenol has an HBL in carcinomas and sarcomas, has been MCL is also consistent with the oral RD water of 0.001 mg/L, based on the MCL. reported in rats. for 2,3,7,8-TCDD, again assuming an For a person who drinks 2 liters of water 2,3,4,6-Tetrachlorophenol has an HBL intake rate 2 L/day. 3 The HBL at a risk containing pentachlorophenate at the in water of I mg/L based on the RID and level of 10-6 in soil is 7 ng/kg (or 7 HBL each day for 70 years, this a drinking water ingestion rate of 2 L/ parts per trillion), 6 based on the CSF and corresponds to a risk of 3x10- , as day. The HBL in soil is 2000 mg/kg, a soil ingestion rate of 200 mg/day in based on the derived from the CSF. The HBL at a risk RiD and a soil ingestion children (from one year rate in children of 200 mg/day. In of age to age level of 10-6 in soil is 9 mg/kg, based six). 2,3,7,8-TCDD has been on the CSF and a soil ingestion rate of laboratory studies, rats exhibited significant increases in liver and kidney demonstrated to be a potent carcinogen 200 mg/day in children (from one year in animals and has been classified as a of age to age six).' Pentachlorophenol weight and centrilobular hypertrophy. has been classified 2,3,4,6-Tetrachlorophenol has not been as a B2 carcinogen evaluated for carcinogenicity. (i.e., a probable human carcinogen) on is the development of a biologically based dose- 2,3,7,8-Tetrachlorodibenzo-p-dioxin response model to reflect significant advances that the basis of statistically significant has an HBL in water of 30 pg/L (or 30 increases have been made in understanding the mechanisms in the incidence of multiple parts per quadrillion), based on the of dioxin toxicity. Health assessment and exposure biologically significant tumor types in MCL. For a person who drinks 2 liters assessment documents are being updated and mice, including hepatocellular of water containing PCDDs and PCDFs revised. This will be followed by a public review carcinomas, malignant at the HBL (in terms of 2,3,7,8-TCDD process, which will also involve EPA's Science pheochromocytomas, and toxicity equivalent) each day for 70 Advisory Board (57 FR 37158). Completion of this hemangiosarcomas. Pathology of the years, this corresponds to a risk review process is anticipated to occur in mid-1993. of 3Although the oral RID for 2,3,7,8-TCDD liver and kidneys, other than 1x10-', as derived from the CSF.2 The has been withdrawn by the Agency's Office of Research and Development pending completion of the 2EPA Iscurrently conducting IThis presumes that exposure associated with a scientific reassessment of the health effects of dioxins and reassessment of the risks of exposures to 2,3.7,8,- related compounds, until such time as a revised incidental soil ingestion for individuals over six tetrachlorodibenzo-p-dioxin and related RID years old is low relative to childhood exposure. compounds. A major objective of the reassessment for non-cancer effects is established, the Agency believes that the withdrawrinRfl) continues to be a useful toxicological benchmark. This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25718 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules

4 B2 carcinogen. Hepatocellular hexachlorodibenzo-p-dioxin has been molecules are occupied by chlorine carcinomas and carcinomas of the shown to be carcinogenic in laboratory atoms are much more biologically active thyroid, tongue, hard palate, and lung animals. This mixture of 2,3,7,8- than the non-2,3,7,8-substituted have been observed in rats. substituted HxCDD congeners is congeners. Furthermore, the relative Hepatocellular carcinomas have also classified as a B2 carcinogen based on a potency of the various congeners is been observed in mice. In addition, chronic exposure study in which generally consistent from one end point 2,3,7,8-TCDD has been shown to exhibit statistically significant increases were to another. Because these compounds a wide variety of other effects. observed in the incidence of generally occur in the environment as a Teratogenesis has been observed, hepatocellular carcinomas in mice and complex mixture, it is appropriate to including such frank effects as cleft rats. Other symptoms of "dioxin consider them as a group and to draw palate and hydronephrotic kidneys in toxicity," such as general weight loss conclusions about their toxicity as a mice and internal organ hemorrhage in and toxic hepatitis, were also observed. -rats. Severe reproductive effects (e.g., However, a much larger body of data group of compounds with related spontaneous abortion) have been found is available from both short-term in vivo effects. These observations serve as the in monkeys. Suppression of immune and a variety of in vitro studies covering basis for the "toxicity equivalency system function has been reported in a wide variety of end points (e.g., factor" concept in which the monkeys, mice, and other species. developmental toxicity, cell concentration of a given PCDD or PCDF Other polychlorinated dibenzodioxin transformation, and enzyme induction) congener can be translated into an (PCDD) and polychlorinated which can be used to supplement the equivalent concentration of 2,3,7,8- dibenzofuran (PCDF) congeners differ in comparative lack of long-term in vivo TCDD. A subgroup of the North Atlantic the number and position of chlorine results. This information reveals a Treaty Organization Committee on the atoms they contain. Of the limited strong structure-activity relationship. Challenges of Modem Society (NATO/ number of congeners that have been Specifically, congeners in which the CCMS) has approved in principle the adequately tested, only a mixture of lateral 2, 3, 7, and 8 positions on the adoption of the TEFs for the 2,3,7,8- 1,2,3,6,7,8- and 1,2,3,7,8,9- dibenzodioxin and dibenzofuran substituted congeners listed in Table 2.

TABLE 2.-TOxICiTy EQUIVALENCY FACTORS (TEFS) FOR PCDD AND PCDF CONGENERS

Dibenzodioxin TEF Dibenzofuran TEF

2,3,7,8-Tetrachlorodibenzo-p-dioxln ...... 1 2,3,7,8-Tetrachlorodibenzofuran ...... 0.1 1,2,3,7,8-Pentachlorodibenzo-p-dioxln ...... 0.5 1,2,3,7,8-Pentachlorodibenzofuran ...... 0.05 2,3,4,7,8-Pentachlorodibanzo-p-dioxin ...... 0.5 2,3,4,7,8-Pentachlorodibenzofuran ...... 0.5 2,3,7,8-Hexachlorodibenzo-p-dioxins ...... 0.1 2,3,7,8-Hexachlorodibenzofurans ...... 0.1 2,3,7,8-Heptachlorodibenzo-p-dioxlns ...... 0.01 2,3,7,8-Heptachlorodibenzofurans ...... 0.01 Octachlorodibenzo-p-dioxn ...... 0.001 Octachlorodibenzofuran ...... 0...... 0.001 Source: U.S. Environmental Protection Agency. 1989 Update to the Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxlns and -Dibenzofurans (CDDs and CDFs). Washington, D.C.: Risk Assessment Forum, March, 1989.

Other constituents found in constituents of concern that are present phenols by acidification. Therefore, the chlorophenolic surface protection in wastes generated from wood surface sodium and potassium salts are formulations include 2,4,5- protection processes with chlorophenols expected to elicit the same health effects trichlorophenol and 2,4,6- do not appear on the list of hazardous as the corresponding phenols. For this trichlorophenol. 2,4,5-Trichlorophenol, constituents at 40 CFR part 261, reason, EPA proposes to add these four which has an RfD of 0.1 mg/kg/day, has appendix VIII. The Agency is proposing compounds to the list of hazardous been observed to cause mild diuresis to add six hazardous constituents to constituents in appendix VIII. and slight degenerative changes in the appendix Vi1I: Sodium The other two compounds proposed liver and kidneys in a subchronic oral pentachlorophenate, potassium for addition to appendix VIII, OCDD and study in rats. 2,4,6-Trichlorophenol, pentachlorophenate, the sodium salt of OCDF, are members of the large family which has been classified as a B2 2,3,4,6-tetrachlorophanol, the potassium of polychlorinated dioxins and furans carcinogen, has a CSF of 0.011 (mglkg/ salt of 2,3,4,6-tetrachlorophenol, (PCDDs and PCDFs). Certain of these day)- 1.2,4,6-Trichlorophenol has been octachlorodibenzo-p-dioxin (OCDD) and compounds, most notably, 2,3,7,8- shown to cause an increase in octachlorodibenzofuran (OCDF). TCDD, have been shown to be lymphomas and leukemias in rats and Sodium and potassium extraordinarily toxic, as discussed hepatocellular carcinomas in mice. pentachlorophenate are the sodium and elsewhere in today's notice. EPA's Risk However, both these compounds are potassium salts of pentachlorophenol. Assessment Forum has evaluated found at relatively low concentrations As a result of gastric secretions toxicity data for many chlorinated in surface protection formulations, following ingestion, the sodium and dibenzo-p-dioxins and dibenzofurans in when present at all. potassium salts of pentachlorophenol order to establish interim procedures for b. Constituents proposed for addition and 2,3,4,6-tetrachlorophenol are estimating risks associated with to appendix VIII. A number of the readily converted to the corresponding exposures to mixtures of these

4 However, recently published epidemiological combined. EPA is currently evaluating these studies studies of occupationally exposed individuals as part of its scientific reassessment of 2,3,7,8-TCDD report statistically significant increases in mortality and related compounds. from both lung cancer and from all other cancers 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 / Tuesday, April 27, 1993 / Proposed Rules 25719 compounds. 5 These data indicate that water, surface water, and air. However, bioaccumulate in aquatic organisms, 2,3,7,8-substituted congeners of biological media (such as fish and there is some evidence that certain of its chlorinated dibenzo-p-dioxin and shellfish, beef and dairy products, and metabolites may bioaccumulate. EPA dibenzofurans have toxic effects similar food crops) may also act as significant has established ambient water quality to 2,3,7,8-tetrachlorodibenzo-p-dioxin. reservoirs of contamination from which criteria for pentachlorophenol for the Data available from in vivo and in vitro dietary exposures can occur. The major protection of freshwater aquatic studies reveal a strong structure-activity routes of human exposure are ingestion, organisms, as a function of pH. At a relationship, in which the 2,3,7,8- inhalation, and dermal absorption. Fate surface water pH of 6.8, the criterion is substituted congeners are much more and transport processes include 5 jig/L, measured as a four-day average. biologically active than other congeners. sorption onto soils, infiltration to At lower pH's, the ambient water Both OCDD and OCDF are 2,3,7,8- ground water, runoff to surface water, quality criteria are somewhat lower. substituted congeners. The data also soil erosion to rivers and streams, However, these criteria may not be show that the relative responses of suspension of soil and dust particles in protective of the most sensitive species, air, volatilization, translocation and e.g.. juvenile salmonoids, for which different PCDDs and PCDFs are 8 generally consistent across a variety of deposition to plants, and lower criteria may be appropriate. toxicity end points. bioaccumulation in aquatic and Because process wastewaters, In regard to OCDD specifically, test terrestrial organisms. Processes which excluding material storage yard runoff animals exhibited initial signs of can lead to changes in the chemical (see 40 CFR 429.11(c)), are prohibited "dioxin toxicity" in a subchronic study identity of the constituents include from being discharged directly by the of mice exposed to OCDD at low levels.6 photolysis, hydrolysis, microbial effluent guideline regulations for the These data suggest that when exposed degradation, and biological metabolism sawmill portion of the timber products for long periods, animals absorb and within the food chain. industry (40 CFR part 429), accumulate sufficient amounts of OCDD A major source of contamination at contamination of surface waters with to manifest dioxin-like effects. sawmills is drippage of excess pentachlorophenol from sawmills is Furthermore, rat hepatoma data from in formulation from treated wood. This can expected to occur only from stormwater vitro studies demonstrate a form of occur directly onto bare soils or onto a run-off. Considerable dilution occurs in enzyme induction for OCDD that is pad (on which the equipment is water courses during rain events, characteristic of dioxins. Structure- supported) from which infiltration or thereby minimizing the possibility that activity relationships suggest that runoff occurs. Another significant concentrations of pentachlorophenol similar effects would be expected for source is precipitation wash-off from could be high enough to be harmful to OCDF (although no confirmatory treated lumber in storage yards, which aquafc life. Therefore, EPA does not experimental data are available). can run off to surface waters, infiltrate believe that surface protection Therefore, EPA has concluded that there into ground water, or be retained in the operations pose a significant risk to is sufficient evidence to show that soil column. aquatic ecosystems, if transfer of octachlorodibenzo-p-dioxin (OCDD) and Of the many possible human exposure chlorophenolics to the soil and octachlorodibenzofuran (OCDF) are pathways, the Agency has focused its groundwater is prevented, in the hazardous constituents which should be assessment on three principle pathways absence of unlawful discharge of added to appendix VIII of 40 CFR part for which data are available. These chlorophenolic surface protection 261. The Agency specifically solicits pathways are: direct ingestion of formulations. comment on the addition of OCDD and contaminated soil; infiltration to ground Pentachlorophenol is also toxic to OCDF as hazardous constituents to water and ingestion as drinking water; terrestrial animals and plants. It has appendix VIII. and soil erosion followed by been used as a nonspecific herbicide, c. Potential human exposure bioaccumulation in fish and shellfish defoliant, and crop desiccant and . pathways. Human exposure to the and subsequent dietary ingestion. The therefore exhibits toxic effects in many hazardous constituents found in wastes Agency's assessment of risk to human species of plants. Pentachlorophenol generated by the use of chlorophenols health via these three pathways is has been reported to be poisonous to a for surface protection can occur by a discussed elsewhere in today's notice. variety of domestic animals, including wide variety of pathways. These d. Ecological effects. At one time cats, horses, pigs, and poultry. Wildlife pathways are identified by the nature of pentachlorophenol was one of the most have also been killed by the use of the release of the contaminants into the widely used biocides in the United pentachlorophenol as a pesticide. environment, the subsequeht fate and States, having been registered for use as Less information is available on the transport within the environment an insecticide, fungicide, molluscicide, toxicity of 2,3,4,6-tetrachlorophenol in (which depends on the physical, herbicide, algicide, and general the environment. Although it has not chemical, and biological properties of disinfectant. Therefore, it is not been tested in salmonoid species of fish, the hazardous constituents), and the surprising that pentachlorophenol has it is acutely toxic to bluegill, having an routes of human exposure to also been found to cause a variety of LC.o slightly above 100 pg/L. 2.3.4,6- contaminated media. The primary ecological effects. Even at relatively low Tetrachlorophenol has also been shown media of concern are soils, ground concentrations, pentachlorophenol has to be acutely toxic to certain species of been shown to be extremely toxic to zooplankton at sub-part per million 5 U.S. Environmental Protection Agency. 1989 aquatic life. Among species of fish, levels. Update to the Interim Procedures for Estimating salmonoids appear to be the most 2,3,7,8-Tetrachlorodibenzo-p-dioxin Risks Associated with Exposures to Mixtures of is extremely toxic to mammals, birds, sensitive, commonly having LC5o values Chlorinated Dibenzo-p-Dioxins and -Dibenzofurans 7 and fish. Exposure to 2,3,7,8-TCDD has (CDDs and CDFsJ. Washington, DC: Risk below 100 Vg/L. However, some non- Assessment Forum. March. 1989. EPA/625/3-89/ salmonoid species of fish also display been associated with acute and delayed 016. LC o values in this range. Although Couture. LA.. M.R. Elwell. and LS. Birnbaum. 5 \-U.S. Environmental Protection Agency. Ambient Dioxin-like effects observed in male rats following pentachlorophenol does not appear to Water Quality Criteria for Pentachlorophenol- 1986. Washington, D: Office of Water Regulations exposure to octachlorodibenzo-p-dioxin (OCDD) . LCio during a 13 week study. Toxicology and Applied is the concentration in water at which 50 and Standards. September. 1986. EPA-440/5-86- Pharmacology, Vol. 93, pp 31-46, 1988. percent mortality is observed in the species test. 009. This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25720 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules mortality and with carcinogenic, Therefore, among aquatic species, the associated with the use of teratogenic, reproductive, highest concentrations and most chlorophenols for the surface protection histopathologic, and immunotoxic pronounced effects are expected in the of wood. EPA obtained much of its effects in a variety of animal species.9 largest predators. In terrestrial species, information from the Oregon Although data on ecological effects are 2,3,7,8-TCDD has been shown to be Department of Environmental Quality, generally available only for 2,3,7,8- bioaccumulated in the earthworm by a the California Department of Toxic TCDD, the effects of other dioxin and factor of three relative to the Substances Control, and California's furan congeners are probably concentration in soil. Therefore, high Regional Water Quality Control Boards. determined by a structure-activity exposures are expected in terrestrial To supplement the information from relationship similar to the one species whose diet includes a large Oregon and California, EPA conducted elucidated for effects on human health. proportion of earthworms (e.g., robins, a search of the open literature and Acute oral toxicity studies involving woodcocks, and shrews). As part of-an searched its own CERCLIS data base. 2,3,7,8-TCDD indicate that LDo values ecological assessment of the risks CERCLIS is EPA's central repository of for certain wildlife species are as low as, associated with the land disposal of information on Superfund site or lower than, those of some laboratory pulp and paper sludge (56 FR 21802), 0 assessments, emergency removals, and animals.' For example, the LD5o value EPA concluded that levels of 2,3,7,8- 1 for bobwhite quail is 15 gg/kg, whereas TCDD in soil as low as 3 parts per site remediation activities." for domestic chickens, LD50 values lie in trillion could cause adverse effects to a. Contaminated media. Altogether, the range of 25 to 50 Rg/kg. At lower terrestrial wildlife (not including EPA has obtained information on levels doses, below 10 pg/kg, domestic adjustments for uncertainties in the of media contamination for 21 sawmill chickens exhibit signs of chick edema underlying toxicity data). Because levels facilities. The preponderance of the data disease and liver pathology. 2,3,7,8- of 2,3,7,8-TCDD toxicity equivalents in are for pentachlorophenol and 2,3,4,6- TCDD is also associated with poor sawmill soils are well above these tetrachlorophenol in ground water, reproduction in herring gulls. Eggshell levels, some adverse effects on soils, and surface water.12 A small thinning appears to be the most terrestrial wildlife may occur. However, amount of data are also available for common reproductive effect in avian the relatively small areas of PCDDs and PCDFs in soils, expressed as species. Acute effects in aquatic contaminated soils at sawmills could 2,3,7,8-TCDD toxicity equivalents organisms show an unusual pattern of mitigate these effects. Furthermore, (TEQ). The data on soils represent soil delayed response, whereby acute effects significant effects on wildlife in the immediate vicinity of the process show a similarity to chronic effect. populations would appear to be area where wood was being treated with Among aquatic organisms, fish appear unlikely. The same assessment found chlorophenols or had formerly been to be the most sensitive to 2,3,7,8-TCDD. minimal risk to aquatic organisms from treated. The surface water data generally For example, the LC5o value for rainbow run-off of 2,3,7,8-TCDD contaminated represent water in drainage ditches, trout has been estimated to be below 40 soils. catchment basins, or other conveyances pg/L. The most commonly reported 2. Resource Damage Incidents nonlethal effect in fish is growth on-site. These data, presented as the retardation of yolk sac fry. EPA has assembled a substantial body range of the maximum measured concentrations from among the various 2,3,7,8-TCDD has been shown to of information on environmental 3 bioaccumulate in the food chain. contamination at sawmill facilities sites, are summarized in Table 3.2

TABLE 3.-RESOURCE DAMAGE INCIDENT MEDIA CONCENTRATIONS

Media Ground water Process soil

Constituent Low (mg/L)

Pentachlorophenol ...... N0.001 2,3,4,6-Tetrachlorophenol ...... <1 2,3,7,8-TCDD TEQ ...... N/A N=number of facilities with data available. N/A=data not available. Only values that are above health based levels are given.

As shown in Table 3, 0.001 mg/L. All 11 facilities with on-site into surface waters. This discharge is pentachlorophenol has been found surface water data have levels above the believed to have originated in the above health based levels in ground MCL. In addition, measurements of process area. Although not shown in water, surface water, and soils. Of the 14 pentachlorophenol at one facility show Table 3, of five facilities for which facilities with ground water data, 10 levels of 50 mg/L in water being surface water data are available off-site, facilities show levels above the MCL of discharged from an underground seep in streams and rivers, four show

9 Eisler, R. Dioxin Hazards of Fish. Wildlife, and which is maintained by EPA's Office of Water as a tetrachlorophenol are measured and reported as the Invertebrates: A Synoptic Review. U.S. Fish and special forum of the Nonpoint Source Information corresponding phenols. Wildlife Services, 1986. Biological Report 85. Exchange Computer Bulletin Board System (NPS 13 EPA's own sampling and analysis data, which 0 ' LDo is the dose (on a unit body weight basis) BBS). Although 120 bans and advisories for dioxins are discussed elsewhere in today's notice, are not at which 50 percent mortality is observed in the were identified, none qould be attributed included in Table 3. species tested. specifically to discharges from sawmills. "1EPA also searched a data base of State bans and 12 Sodium and potassium pentachlorophenate advisories on the consumption of fish and shellfish and the sodium and potassium salts of 2.3.4,6- This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. Federal Regisler I Vol. 8, No. 79 / Tuesday, April 27, 1993 1 Proposed Rules Z5,f721

pentachlaraphenol levels above the pests per trillion) to 0.000034 mg/kg (34 exhibited increasing concentrations in MCI- these data range fron 0.03 mg& parts per trillion), also exceed the health -liver tissue, reaching f evel of 2 parts to 0.1 mg/L In soils, of 17 facilities with ased leel for soil. per million two months after the soil data 16 facilities show b. Discussiom. The levels of discharge. This study, which illustrates eatctheno vels above the pentachkwrophenol. 2,3.4.6- that chlorophenols are readily eaMh based Ieve of 9 mg/kg. Also not tetrachlorophenol, PCDDe, and PCDFs distributed in a usti ecosystems, shown in the table we data on in contaminated media at sawmill suggests that chlorophaols can be subsurface soils, i.e., soils below about facilities frequently reach levels of accumulated in higer organisms six inches from the surface. Of eight concern, based an the information through the food chain. facilities with data available, seven obtained from resource damage incident show levels in subsurface soils above reports.14 Pentachlorophenol has 3. Assessment of Risk from Usage of the heafth based lent. those date range commonly been found at levels of Chlorophenolic Formulations from 90 mg/kg to 4200 rm/g, Mom concern across all media (with the The resource damage incidents than 15 yeaws aftar usage of exception of air). Compared to discussed in the previous section chlorophenols ended at one facility. pentachlarophenol, 2.3.4,- demonstrate that soil, ground-water, and pentachkrophenol levels still exceed tetrachlonopheo tends to be fwnd at surface water resources at sawmill, the health based level to depths as great similar levels across the same media. facilities have beea damaged due to on- as six feet. However, given that the wrresponding site contamination by hazardous The damage incident data show that health based levels are substantially constituents from chlorophenolic in rwe of the seves cases for which higher. 2.3,4,6.tetrachlmopheml is surface protection formulations. ground-water date are available, do the generally of lesser concern.t" Although However, in the context of non- levels kr Z 3,4,6-teorachloc o I the sodium and potassium salts of these occupational exposures. these damages exceed the MCL of I rugL. In only one compounds ae highly mobil. in water, pose a threat to public health only if the case out of eight do levels in surface the data show that following the contamination migrates off-site or if on- water on-site exceed the MCL, and only cessation of usage of chlorophenois for site exposure occurs as a consequence of by a smail amounL Although not shown surface protection, significant levels can a change in land use. To address these in Table 3, of fur cases with surface be retained in soils for time periods of scenarios. EPA performed a risk water data off-site, in streams and rivers; ten years or more. However, the degree assessment to quantify the potential none show levels above the: MCL. of retention in soil appears to, be highly risks to human health. This assessmant However, meements of 2.3,4.6- site-specific. In addition, focuses on risk associated with exposure tetrachlorophaenl taken at one facility petachlom and 2,3.44- to contaminated ground water ard soils show levels of 340 rag in water being tetrachlorophknol are known to and risk associated with dietary discharged he= an underground see biodegrade. The rad at which exposures from fish and shelfish into surface wate-, a discharge whic is biodegradation actually occurs in soils ingestion due to their uptake of believed to have originated in the, can be expected to be highly variable, contaminated surface water sediments. process area. In soils. of 13 caes for depending on local environmental a.. Source charoclerizatin.EPA which data am available, only three conditio s. In contrast, PCDDs and estimates that approximately 3200 show 2.3,4.6-tetrachloropbenol levels PCDFs bind strongly to soil. and are sawmills are currently operating inthe above the health based level of 200) mgl quite resistant to biodepradation, United States and that approximately kg. Although not shown in Table 3, of indicating that these compounds can be, one-third of these surface-protect. EPA five cases for which sabsurface sodl data expected to persist at levels of concern believes that of the sawmills that surface are avaiabl, only 00e is above the kfr long periods of time. Nevertheless, protect, nearly all have used health based level. Noteworthy about these compouMIs appear to exhibit chlorophenols at some time. An thiscase is that the sample. for which some mobility in the envirmeant, as unknown number of additional a value of 4800 mgtg is reported, was evidenced by measurements of elevated sawmills that do rot currently surface- taken six years akar usage of levels in soils at depths to three at or protect may have done so in the, pest chlorophenols ended at th site. more and by both on-site anl off-site using chlorophenols. Data on PCDDe and PCDFs from the measurements of elevated levels in Although a number of wastes are resource damage incide"s. are lmited to sedimemns. generated by surface protection soils in the plocess ares. Of the three EPA has limited direct evidence of operations, the moat important in terms cases for which data are available, all damage to ecosystems that cai be, of potential bumarn exposure ar exceed the health based level of attributed specifically to the sage of drippage of excess formulation in the 0.000007 mgkg 17 parts per trillionj by chlorophanoLs for surface potactim process area and precipitation wash-off three orders of magnitude or more. In One Swedish study docuients an in the storage yard. These are by far the addition, as part of its owa sampling extensive fish kill associated with the highest volume wastes generated at and analysis activities, EPA has discharge to an adaer stream of a sawmill facilities, The volure. of waste acquired deta on PCIJ and PCDFs in chlorophenol solution fom a sawmill Is a mayor factorin deternining the subsurface process soils at two sites and surface protection operation. Two weeks potential risk to human health- Process in stream and diainap.ditch sediments following this incident, fish collected drippage and precipitation wash-off ae at four sites. Thse data am not included six kilometers downstream exhibited frequently disposed of directly anto in Table 3 but am discussed elsewhere liver tissue concentratioms a[S parts per unprotected soils. Process area and in today's notice. The data on million total chlorophenols. Fish storage yard soils that become subsurface process soils, which range collected 15 kilometers downstream contaminated as a result of drippage and from 0.QOM mg/g (10 par& per wash-off then become additional trilhs) ID0.00027 mgikg 1279 parts per 14This conclusion is corroborated In pt by sources of potential humen exposures. trillion), indicawt ta health besed EPA's ws mplima. and analysi dsi.masosad 1. Process drippog. Process drippage levels can be exceeded to depths of else iwvi msda';n,&& is generated whenever excess 15In tbuiind. however, the Agmcy nw &sa three feet or mom. The sediment data, Z.3,2-A4-Wxhlb pImneL has nat bum evahated-for formulation drips from the wood onc it which ange fro0on 9 mg/kg 19 carcinogenicity. has been treated. Although the drippage This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25722 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules may be collected and returned to the percent, or 4000 parts per million. 17 For which is approximately 7 mg/L, process, typically there is little or no the purpose of characterizing the represents the average concentration in effective collection system. In dip tank incremental risk associated with the the wash-off over several cycles of operations, the amount of drippage cross-contamination of non- precipitation and subsequent drying. generated depends on the length of time chlorophenolic formulations, the For the purpose of characterizing the the lumber is allowed to drain over the Agency is assuming based on its record incremental risk associated with cross- tank before it is transferred from the sampling that the residual concentration contamination of non-chlorophenolic process area. Process drippage may drip of chlorophenols in the drippage is formulations, the Agency reduced this directly onto soils in the vicinity of the approximately 3"parts per million. This concentration by the same factor that tank or onto a concrete pad from which estimate is based on sampling and the concentration in drippage was runoff occurs. The runoff may analysis data on levels in the reduced, as described above. The subsequently infiltrate into the formulation of users of non- Agency requests comment on whether subsurface environment or be conveyed chlorophenolics who previously used this approach is appropriate and to surface waters. chlorophenols. rel uests additional data to assist in Based on drippage measurements 2. Storage yard wash-off. Wash-off is re ning this estimate. made during a field experiment, EPA generated whenever precipitation 3. Process area and storageyard soils. estimates that the amount of drippage contacts treated wood. Although this For the purpose of characterizing risk generated is between 1000 and 4000 can occur anywhere that treated wood is related to soil contamination, EPA gallons for every one million board feet handled outdoors, most wash-off is collected soil samples from the process of treated lumber. This compares to an generated at sawmills in uncovered area and storage yard at five sawmill estimate of approximately 10,000 storage yards. While generated only facilities, one of which was a current gallons of formulation used per million intermittently, these wastes are high in user of chlorophenolics. Each sample board feet of lumber treated.16 volume. The volume generated depends was collected by a six inch auger Measurements of the amount absorbed on the size of the storage yard and the inserted to a depth of six inches. In by the wood vary widely. However, EPA amount of rainfall. However, the order to collect representative samples believes that absorption accounts for no concentrations of waste constituents in of the areas of soil contamination, a more than about 1500 gallons per wash-off are relatively low compared to team consisting of a hydrogeologist and million board feet. Based on these the concentrations in process drippage. chemical engineer made a careful figures, the drippage and absorption Although storage yards may be paved assessment of the sampling locations. combined do not appear to account for with asphalt, more typically they are The samples were analyzed for PCDDs the amount of formulation actually situated on unprotected compacted soil and PCDFs.1 9 The sampling and used. Although measurement error may or are overlaid with gravel. In most analysis results demonstrate the account for much of the disparity, some situations, some portion of the wash-off presence of PCDDs and PCDFs in both portion may be attributable to leaks and Is expected to infiltrate into the ground, the process area and storage yard. The spills. In spite of the uncertainty, the the amount depending on the particular concentrations of the storage yard Agency is assuming for the purpose of site and the specific conditions at the samples collected by EPA, which range characterizing risk that 2400 gallons time. The Agency is assuming for the from 0.014 ptg/kg (parts per billion) to infiltrate into soils for every one million purpose of characterizing risk that 25 0.96 pg/kg (parts per billion) have a board feet of lumber that are treated. percent of the wash-off infiltrates into mean value of 0.22 jg/kg (parts.per The Agency believes that this value is the ground. billion), expressed as 2,3,7,8-TCDD well within the range of uncertainty of Studies conducted in British toxicity equivalents (TEQJ. Two process the data. EPA requests comment on the Columbia by Environment Canada show area soil samples collected by EPA have validity and reliability of this that leaching from treated lumber begins concentrations of 0.94 pg/kg (parts per assumption. after as little as one millimeter of billion) and 4.1 ig/kg (parts per billion), Estimates of the strength of the continuous precipitation and occurs expressed as 2,3,7,8-TCDD toxicity formulation solution range from 0.2 even after etended periods of drying.18 equivalents (TEQ). giving a mean20 value percent to 2 percent, as total The Environment Canada study of 2.5 jg/kg (parts per billion). chlorophenols. However, collected data on the concentrations of The levels measured in the process chlorophenolic formulations differ chlorophenols in storage yard runoff as area samples represent the substantially in the proportion of a function of rainfall intensity. EPA accumulation of PCDDs and PCDFs in pentachlorophenate and 2,3,4,6- evaluated these data, which include soil from drippage over an extended, tetrachlorophenate salts from one several rain events of one to two days though unknown, period of time. The product to another. Some formulations duration each. For the purpose of Agency lacks adequate historical data are composed primarily of sodium or characterizing risk associated-with potassium salts of pentachlorophenate chlorophenolic usage, the Agency took 19EPA also analyzed the soil samples for while others contain a high proportion the average runoff concentrations that chlorophenols. However, neither of salts of 2,3,4,6-tetrachlorophenate. pentachlorophenol nor 2.3.4,6-tetrachloiophenol were reported for the individual rain were detected in the soil samples. These results Drippage consists of undiluted excess events and weighted them by the differ with the results from the resource damage formulation; therefore, the strength and corresponding cumulative rainfall totals incident reports, as discussed elsewhere in today's composition of the drippage is the same to estimate an overall average runoff notice, which show pentachlorophenol and 2,3,4,6- tetrachlorophenol in process soils in the part per as that of the formulation. For the concentration. This concentration, million range (and above). Such site to site purpose of characterizing risk associated differences are not unexpected and are probably with the usage of chlorophenols for I The concentration of chlorophenols Is based on related to variations in soil types and the soil's surface protection, the Agency is a manufacturer's estimate of what is typically used ability to bind chiorophenols from aqueous assuming that the concentration of in the Industry. solutions of their salts or other site-specific factors. 18 Environment Canada. Assessment of Storm 20EPA notes that the limited data on chlorophenols in the drippage is 0.4 Water Related Chlorophenol Releases from Wood concentrations of PCDDs and PCDFs in process area Protection Facilities in British Columbia. 6 Pacific soils from the resource damage incident reports, as 1 Total usage is based on a manufacturer's and Yukon Region, August, 1987. Regional Program discussed elsewhere in today's notice, are generally estimate. Report 87-15. higher than the concentrations discussed here This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. Federal Register / Vol. 5a, No. 79 1 Tuesday, April 27, 1993 / Propoed Rules 25723 f

on the levels of PCDD. and PCDFs In lower levele of PCDDs and PCDFs in ,results are sensitive indudic M The chioropheelic savrace protection soils attribuable to such cross- initial source conceetraiorx (21 the formulations to relfe to the observed contamination than the levels indicated source infiltration raft (31 the recharge soil concentrations. Thereio, with the by direct measurement. Therefore, the rate; (4) the various sorptim pwreters, data avilable, It Is not possible to measued soil concentratio were including the soilwater p rtitian accmately quantify the. process ars,soil reduced by a factor of fer to estimate coefficient and the fraction of organic contamination thet would result from the soil concentratione which would carbon in the vadose zone and the any given level of PCDDs and PCDFs in result solely from coss-contaminadom aquifer; (5) the hydraulic conductvity, the fornmeltion. The situation is made EPA requests comment on whether this, of the aquifer and the vadose zonem and even mor difficult with respect to approach Is appropriate to use to 18) the distance from the source area to storage yard soils because the estimate the baseline soil concentration the nearest drinking water welL The mechanism by which the contamination for non-chlorophenotic users. hydraulic conductivity and the orgaic occurs is not known. Any one or a b. Exposure pathway analss-. carbon fraction are related to the type of combination of the following Ground-wateringestion. This exposure geologic materials of which the aquifer -mechanisms could be involved: (I) pathway is based on the premise that and the unsaturated zone are comprise& Residual drippage in the storage yard contaminated ground water in shallow, A variety of other parametess also (though this has not actually been unconfined aquifers may be used as a influence the modeling results. Vahes observed by the Agency), (2) drinking water supply. A mathemat cl of the important parameters used for the precipitation wash-off from treated model is used to describe ground water ground water analysis are found in lumber (though no actual measurements flow and pollutant transport in Table 4 below. of PCDDs and PCDFs in wash-off are unsaturated sois (.e., the vadose zone) available); (3) phototransformation of and unconfined ground water aquifers TABLE 4.-PARAMETERS VALUES FOR soil pentachlorophenol to (i.e., the saturated zone). This model, GROUND WATER INGESTION PATHMY octachlorodibeazo-p-dioxin (OCDD) in known as the MULTDMED model, is CentraL situ and subsequent photolytic based on many of the same analytical dochlorination to other PCDDs, which and numerical sohrtfon techniques that Paraneler ericf vahusetnd-Ord has been observed in the laboratory; or have beerr used by the Agency for ote value (41 phototransformation of rulemakings. including the Toxicity phenoxyphenols (i.e., "predioxins," Characteristic revisions (Mofarch 29, Source Concentmatom- Chlorophenollc Usage which are co-contaminants of 1990, 55 11798).2" FR A significant (ppm) ...... 4000 .4000 chlorophenolic formulations) to various difference in the analysis conducted for Baseline (ppm) ...... 2.8 2.8 PCDDs and PCDFs, which appears to this proposal is the simulation of Residual (ppm) ...... 0.1 0.1 require the presence of a strong ground water transport in the transient Facilty Size (MMB} .... 20 1M hydrogen donor. For the purpose of mode- no "infinite source" or steady- Distribution Cel1fcent analyzing soil-related exposure state assumption is made in performing (Kd): pathways, the Agency believes that due the transport calculations. However, Pentachlorophenol (mL/ to the complexity and uncertainty important simplifying assumptions g) ...... 1068 412 of 2,3,4,6- involved, direct measurement of PCDDs the model remain. These include the and PCDFs in soils is'the Tatrechomphanod best approach assumption that the properties of the (mug) ...... 96 87 for characterizing the source of the saturated, porous medium are isotropic Precipitatlon (Onhes/ contamination. and homogeneous. Fractured media, year) ...... 48 40 For characterizing risk associated aquicludes. and multiple aquifers are Recharge Rats (meters/ with existing levels of soil not simulated. Ground water flow is year) ...... 0.24 0.20 contamination fro4 historical usage of assumed to be steady and uniform. The Infiltratlon Raft (meters sorbed and aqueous phases, are assumed year) ...032 1.14 chlorophenolic formulations, the levels Vadose Zone: measured is soils may be used directly. to be in equilibrium; sorption is further Total Thickness (me- However, cross-coutamination of non- assumed to follow a linear isotherm. ters) Initially, ...... 3.0 t.5 chlomphenoic formul"atios will EPA used the MULTIMED Soil Type ( ...... loam sand continue to contribute to soil model to perform screening analyses to Hydraulic Condutvlty contaminatioa with PCDDs and PCDFs. identify the constituents that are likely (cmhrn) ...... 1.04 29.7 In order to characterize the baseine to migrate through ground water at Organic Carbon (per- risks associated with cross- appreciable rates, the model input cent) ...... contamination parameters to which the modeling Layer 1 ...... T. 0.6 by PCDDs and PCDFs of Layer 2 ...... 0.2 0.1 current non-chkloobenolic results are most sasiski, and the Aquifer formulations, the Agency attempted to sources of ground water contamination Thickness (mte ...... 3 t5 estimate the level oi soil concentration that are most important. The screening Hydraulic ConducU e. which would occur from usage of cross- analyses show that, as expected, PCDDs Only) ...... 1e0000 contamimaed nonchloropheoic and PCDFs do not migrate significantly Organic Carbon Fac- formulations. A coemparisou of available in ground water. The screening analyses ion (-) . 0.002 0.001 data an the levels of these compounds also show that drippage in the process pH ...... &2 7.9 in chlorophenolic and cross- area is consideaMbly more important Hydraulic Gradient (-) 0.002 0.004 than wash-off in the storage Distance to Well (feet 500 10 contaminated nonclorophenoIic yard as a Ingestion Rate (L/day) t.4 1.4. formulations sugges that source of ground water contamination. Exposure Duration concentrations of PCDM(s and PCDFs Parameters to which the modeling (year* a, 9 may have dropped by about a factor of four. In the absence otany other • 27TheIke madIwitehnd %tm docla for today' proposal for a sm'led demntpdu of tho A discussion of the various ground lnfoation, the Agency believes. it is MULTMED de and to appheadon 1or this water modeling assumptions and the reasonable to expect correspondingly proposal. values of the input perameters is found This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25724 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules in the risk assessment background 3. Fish and shellfish ingestion. Most' established using an empirically- document for today's proposal. sawmills are located adjacent to or in derived sediment: fish bioaccumulation 2. Directsoil ingestion.This exposure close proximity to rivers and streams. factor. Data from a USDA national food pathway is based on the premise that This fact, combined with the results of consumption survey are then used to young children may be exposed to actual sediment measurements, indicate estimate human exposure in the general hazardous constituents that are present a high probability that PCDDs and population. In addition, data from other in contaminated soils while playing PCDFs have migrated into surface water surveys are used to estimate exposures outdoors, as a result of normal hand to sediments, presumably by soil erosion. among recreational fishers. Values of the mouth behavior. Such exposure could Once river and stream sediments are -important parameters used in the occur if the site where the contaminated contaminated, biological uptake may analysis are summarized in Table 6 soils are located is converted to occur by freshwater organisms. This is below. residential housing, in the absence of of particular concern to human health in soil remediation.22 The Agency assumes the case of freshwater fish which are TABLE 6.-PARAMETER VALUES FOR FISH that adult exposures associated with consumed as part of the diet. Uptake of AND SHELLFISH INGESTION PATHWAY incidental soil ingestion are generally the more highly chlorinated PCDDs and Central High end low when compared to childhood PCDFs, such as those found in soils at Parameter tendency value exposures. sawmills, has been documented in value Limited sampling and analysis data laboratory studies of young fish exposed24 collected by EPA have identified soils in to contaminated riverine sediments. Site Area (hec- the process area and storage yard of Furthermore, estuarine fish and tares) ...... 1.9 16.2 sawmills that are contaminated with shellfish may also be subject to uptake Ratio of Site Slope PCDDs and PCDFs. These compounds of PCDDs and PCDFs when to Basin Slope are highly persistent and can be contaminated sediments are naturally (- ...... 1.0 1.0 expected to remain in the soil for many discharged into bays and estuaries. Site Delivery Ratio years to come. EPA used actual EPA used a methodology for fish and (-) ...... 0.80 0.62 Soil Concentration measurements of these compounds in shellfish ingestion which is similar to (I±g/day) ...... 0.218 0.96 soil in conjunction with various one used in the proposed rule for land Sites per Basin exposure assumptions to estimate application of chlorine-bleached pulp Area (ha)-1 ..... 2.79x10 - 6 1.03x10 - 3 potential childhood exposures to PCDDs and paper mill sludge (56 FR 21802). Cover Factor (-) 0.04 0.004 and PCDFs if sawmill sites were This approach uses the USDA's Bloaccumulation converted to residential use without Universal Soil Loss Equation to estimate Factor (-) ...... 0.008 0.1 prior soil remediation. These the ratio of the rate of erosion of soils Consumption Rate assumptions are detailed in Table 6 from a contaminated site to the rate of (g/day) ...... below and in the risk assessment erosion in the watershed as a whole. Recreational Fish- background document for today's The ratio represents the dilution of era ...... 30 140 sediments General Population 5.9 38 proposal. from a site by sediments from Ratio of TCDD- the entire drainage basin. Applying this TEQ In fish filet TABLE 5.-PARAMETERS VALUES FOR ratio (or "dilution" factor) to the to whole body DIRECT SOIL INGESTION PATHWAYS concentration in soils from a (-) ...... 0.5 0.5 contaminated site gives the average Diet Fraction (-) .. 0.4 0.4 Central High sediment concentration in the Parameter tend- end ency value watershed to which fish and shellfish A detailed description of the value may be exposed. To determine the methodology for the fish and shellfish average watershed acreage per sawmill, exposure pathway is found in the Soil Concentration (igkg) . 0.218 0.96 EPA mapped the location of over 2500 background document for today's Soil Ingestion Rate (g/day) 0.1 0.2 sawmills to determine the number of proposal. Exposure Duration (days).. 800 1825 sawmills in each of over 2000 Absorption Fraction (-) ...... 0.3 1.0 c. Characterizationof riskfrom usage hydrologic cataloguing units in the of chlorophenolicform ulations. continental United States, as defined by As discussed previously, for the 25 For today's proposal, EPA Is taking a the U.S. Geological Survey. generic approach to the characterization baseline risk the Agency reduced the Parameters for biological uptake are measured values by a factor of four in of risk from the land disposal of certain making estimates of soil concentrations wastes generated by the surface notice suggest that process soils could pose a threat protection of wood at sawmill facilities, resulting from cross-contamination. to human health due to contamination with With regard to chlorophenols, however, chlorophenols, primarily pentachlorophenol. The specifically process dfippage and the Agency's own data indicate an data are insufficient to draw any conclusions storage yard wash-off. A generic regarding chlorophenols in storage yard soils. approach is necessary due to a lack of absence of significant soil However, any risks posed by soils contaminated contamination. For this reason, EPA has with chlorophenols are contingent on residential adequate data to perform site-specific risk assessments for a representative not attempted to characterize redevelopment, without prior remediation. 20 34 Kuehl. D.W., P.M. Cook. A.R. Batterman, D. sample of sites. With this approach, a quantitatively, the potential risks Lothenbach. and B.C Butterworth. Bioavalability associated with childhood exposures to generic scenario is developed in order to of polychlorinated dibenzo-p-dioxins and represent a prototypical sawmill site. chlorophenols via direct soil dibenzofursns from contaminated Wisconsin River 2 3 ingestion. sediment to carp. Chemosphere, Vol. 16, pp 667- 26 679, 1987. EPA notes that a generic approach to risk 2 25 The mapping results indicate that among characterization complements the site-specific data The agency recognizes that the very presence cataloguing units where sawmills are located, there on media contamination from resource damage of contaminated soils is a factor that could also is one sawmill on average for every 270,000 acres, incidents, as described elsewhere in today's notice. discourage residential development of former or approximately three sawmills per cataloguing Although useful for judging the reasonableness of sawmill23 sites. unit. EPA estimates that approximately a third of the generic assessment, the resource damage The Agency noted that data from the resoure these sawmills currently surface protect, or about incidents do not of themselves provide in adequate damage incidents described elsewhere in today's one sawmill on average per cataloguing unit. basis for characterizing risk. 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 / Tuesday, April 27, 1993 / Proposed Rules 25725

The prototypical site is characterized in represents conceptually the 90th chlorophenols for the surface protection terms of size, waste generation, waste percentile of the population distribution of wood. characterization, waste management and above. High end estimates are For the carcinogenic waste practices, hydrogeologic characteristics, intended to exclude estimates, such as constituents (i.e., pentachlorophenol, and drainage basin characteristics based bounding estimates, that are likely to be PCDDs, and PCDFs), individual risk is on industry responses to questionnaires, above the risk to the most exposed described in terms of a lifetime excess EPA site visits, sampling and analysis individual in the actual population. cancer risk. The lifetime excess cancer data, and other information available to In order to characterize the high end risk represents the estimated upper the Agency. The development of this risk, the various exposure parameters bound of the 95th percentile confidence scenario involves the evaluation of each are first evaluated individually and interval of the probability that an of the parameters that is required in high-end values for the parameters are individual will contract cancer over his order to characterize human exposure selected based on the 90th to 95th or her lifetime due to exposure to a and the selection of specific values for percentile of the distribution of the particular substance. The results for each of those parameters. Each of the values, or on some less precise measure PCDDs and PCDFs are combined in exposure pathways described of the high end where detailed data are terms of 2,3,7,8-TCDD toxicity previously was analyzed using this not available. For this analysis, one equivalents (TEQ) by using the toxicity approach. estimate of the high end risk is made by equivalency factors discussed elsewhere If the values for all the exposure setting each parameter to its high end in today's notice. For 2,3.4,6- parameters are selected to represent value, one parameter at a time, and tetrachlorophenol, which is classified as what is typical (as indicated by the taking the highest of the estimates from neither a human nor a probable human mean or median values for the this group of scenarios. A second carcinogen, individual risk is described parameters), then the corresponding risk estimate of the high end risk for this in terms of a hazard quotient. The from such an exposure scenario analysis is made by setting the exposure hazard quotient is the ratio of the represents a central tendency estimate. parameters to their high end values, two concentration to which an individual is On the other hand, if the values of all parameters at a time (resulting in a large exposed to the media concentration the parameters are selected to represent matrix of exposure scenarios), and corresponding to the reference dose the high end at the same time, then the taking the highest of the risk estimates (otherwise referred to as the health- corresponding risk represents a from this group of scenarios. These two based level). The higher the hazard bounding estimate; such estimates are estimates are intended to represent the quotient, the greater the likelihood that generally useful only for eliminating lower and upper ends of the high end adverse health effects will be observed certain exposure scenarios from further range of the distribution of risk. EPA in an individual and the greater the consideration. In theory, one can requests comment on this approach for severity of those effects. generate a distribution of individual risk making high end risk estimates. The risk results for the ground water in a population from the joint 1. Individual risk from usage of pathway are given in Table 4. These distribution of the various exposure chlorophenolicformulations. This results are broken out separately for parameters. The Agency has determined section presents the results of the drippage in the process area and wash- that EPA risk assessments should, at a Agency's assessment of individual risk off in the storage yard. Risks from cross- minimum, include both central associated with the uncontrolled land contaminated non-chlorophenolic tendency and high-end estimates of disposal of process drippage and storage formulations would be lower by about a individual risk, where the high end yard run-off from the use of factor of 1400.

TABLE 7.-INDIVIDUAL RISK FROM USAGE OF CHLOROPHENOLIC FORMULATIONS FROM GROUND WATER INGESTION

Central I Constituent tendency High end - ...... "...7x10-...... 7 1 -4 22x10-...... to...... 3x.10 1 -1t 3 0 3 TetrachlorophenolPentachlorophenol *t ...... xl + I 2x10+2 to 2x10 '

t Upper bound excess lifetime cancer dsk. Hazard quotient.

The expected increased risk toa based on the premise that ground water from the top of the surficial aquifer. typically exposed individual is 7x10 -4 , down-gradient of the source of However, since sawmills are often or a chance of seven in ten thousand of contamination may be used for drinking located near rivers and streams, the contracting cancer over a lifetime. The water. As part of the RCRA section 3007 contaminated ground water plume may assumption is made here that ground survey of 166 surface protection be intercepted at least in part by surface water is ingested at the rate of 1.4 liters facilities, facilities were asked to water drainages, thereby reducing both per day for 9 years. Nine years is typical provide the distance to the nearest the magnitude and likelihood of human of the length of time an individual ground water well. The survey data exposures. Furthermore, the dwells at any one residence and, Indicates that the median distance contaminated plume may not reach a therefore, of the average duration of reported by the 68 responding facilities drinking water well for many decades, exposure to contaminated ground water. is 500 feet. Four of the 68 facilities raising the possibility that The risk calculation assumes that the report wells being as close as 100 feet. biodegradation in situ could individual's nine year residency period The further assumptions are made that significantly lower concentrations in the occurs during the peak nine year the well is used for drinking water, is ground water aquifer. However, the exposure segment over the modeling located down-gradient of the facility on toxicities of the many possible period. Of course, these results are the centerline of the plume, and draws metabolites that may result from This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 2372'6 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules

biodegradation have not been The risk results for the direct soil factor of four. These results are-broken characterized and may not be ingestion pathway are given in Table 5. out separately for the process area and inconsequential. The Agency requests Risks from soils contaminated only by the storage yard. comment on these individual risk cross-contaminated non-chlorophanolic estimates. formulations would be lower by about a

TABLE S.-INDIVIDUAl. RISK FROM USAGE OF CHLOROPHENOLIC FORMULATIONS FROM DIRECT SOIL INGESTION

Process area Storage yard Central tandency High/End Central tendency High/End Constituent - - 6 - 2.3,7,8-TCDD TEQ t ...... 2x10 - 5 5x10 - - to 2x10 - 4 2x10 6 9x1O to 2x10 t Upper bound ecess liletime cancer risk.

The results in Table 5 suggest that the rates in the range of 100 mg/day to 200 population groups, recreational fishers risk from direct soil ingestion by mg/day from normal hand to mouth and the general population. Risks from children is considerably smaller than behavior. Children who exhibit pica this exposure pathway from soils the risk from ground water ingestion. A behavior may consume much larger contaminated only by cross- child exposed to contaminated storage quantities of soil; these children, contaminated non-chlorophewolic yard soils under typical conditions therefore, could be subject to formulations would be lower by about a would be subject to an increased cancer proportionately higher risks, factor of four. risk of 2x10- 6 over a lifetime, or a Finally, the risk results for the fish chance of only two in a million. These and shellfish ingestion pathway are risk estimates assume soil ingestion given in Table 6 for two different

TABLE 9.-INDIVIDUAL RISK FROM USAGE OF CHLOROPHENOUC FORMULATIONS FROM FISH AND SHELLFISH INGESTION

Fecreational fishers General populon Population Central tendency High/End Central tendency High/End Constituent 2,3,7,8-TCDD TEQ t ...... x10 - 2x10 - 7 to 2x10 - 6 4x10"- 3 10- to 3x10 - 7 t Upper bound excess lifetime cancer risk.

Because storage yard soils represent levels which have been characterized by already at sufficiently high levels that by far the largest area of contamination some investigators as "background" any increase in exposure is cause for at sawmill -facilities (the process area levels, which suggests that sawmills are concern. being relatively small by comparison), not one of the more important sources 2. Populationrisk from usage of the results in Table 6 are based on PCDD of PCDDs and PCDFs in the aquatic food chlorophenolicfornuftins. and PCDF levels in storage yard soils chain. However, as described elsewhere Population risk represents the number only. The risk estimates for the general in today's notice, the methodology EPA of persons in a given population which population and the central tendency used for the fish and shellfish ingestion risk estimates for may be expected to exhibit adverse recreational fishers pathway is based on average sediment health effects, either in terms of have been adjusted by the proportion of concentrations in an entire drainage hydrologic cataloguing units morbidity or mortality. Although in which basin, which can represent thousands of population risk can be estimated by sawmills are located in order to account square miles. Concentrations in for the proportion of the market basket summing individual risks across the sediments immediately downstream of entire population, in practice detailed of fish and shellfish that could be contaminated sites would be expected contaminated information on the distribution of by sediment from to greatly exceed the average sediment individual risk is rarely available. sawmills. This proportion is estimated concentration, suggesting the possibility However, for carcinogens to be 40 percent. EPA requests comment which are of the existence of significant localized assumewd to exhibit a linear doe- on the appropriateness of this risks which have not been quantified. response relationship, an estimate of methodology. Also, despite the estimated risks to any population risk can be made by The results suggest that human one individual not being very high, the multiplying the central tendency exposures through this pathway are of overall contribution of PCDDs and estimate of individual risk by the size of relatively little concern to any particular PCDFs from surface protection the exposed population. This estimate, individual. For a typically exposed operations to the aquatic environment is which represents the number of cases individual in the general population, of concern because of the large number over a lifetime, can be divided by the the risk of contracting cancer is of facilities and the enormous size of the period - 9 of time over which the increased by only 4x10 , or a chance population potentially exposed via population is exposed to calculate an of four in a billion. In fact, the estimated dietary consumption of fish and "annual average" number of cases concentrations of PCDDs and PCDFs in shellfish. Human exposure to these during the 70 year period 4jnaximum fish tissues are substantially lower than compounds from a variety of sources are exposure. An estimate of this type is 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 / Tuesday, April 27, 1993 / Proposed Rules 25727 made with the implicit assumption that distribution of individual risk in the cross-contamination of non- larger risks to more highly exposed exposed population (as measured by the chlorophenolic formulations is individuals in the population are offset hazard quotient, for example). This discussed in the benefits section of by smaller risks to less exposed estimate also can be converted to an27 today's proposal. Note that population individuals. For noncarcinogenic annual average as discussed above. risk estimates are not made for effects, population risk can be estimated Estimates of population risks pentachlorophenol and 2,3,4,6- by multiplying the proportion of the associated with existing environmental tetrachlorophenol for the soil-based population that receives an exposure contamination for the ground water pathways (i.e., direct soil ingestion and which exceeds the reference dose (RID) ingestion pathway, the fish and shellfish by the size of the exposed population. fish and shellfish ingestion) and for ingestion pathway, and the soil 2,3,7,8-TCDD for the An estimate of this type obviously ground water ingestion pathway are given in Table 7. pathway, for the reasons cited earlier. requires some knowledge of the Incremental risk associated with the

TABLE 10.-POPULATION RISK FROM USAGE OF CHLOROPHENOLIC FORMULATIONS BY EXPOSURE PATHWAY

Pathway Groundwater Fishshellfish and soil Constituent Peantachlorophenol t ...... 9x10- 2 NA NA 2,3,4,6-Tetrachloropheno"* ...... 2x 10 2 NA NA 2,3,7,8-TCDD TEOt ...... NA lx10 - 2 2x10-5 t Cancer cases, annual average during 70 year period * Non-cancer cases, annual average during 70 year periodof maximum of maximum exposure. exposure.

For the ground-water pathway, the Also, sawmills that are not currently is that all persons in the general population risk estimates are based on conducting surface protection population of the U.S. are potentially an estimated exposed population of operations may have done so in the past exposed. EPA believes that this is a approximately 17000 individuals over and, if so, would most likely have used reasonable assumption when one 70 years. This is derived by adjusting chlorophenolic formulations. These considers that the greatest production of the number of sawmills which currently would represent additional sites that lumber occurs in the regions of the U.S. engage in surface protection operations have the potential for human exposure which also produce the highest by the proportion of sawmills reporting to contaminated ground water. commercial fish and shellfish catches, the presence of a ground water well and Although community wells would not in particular the Gulf Coast and the making the assumption of one be expected to draw from very shallow Pacific Northwest regions. EPA requests household per well. The residence time aquifers, such wells could become comment on these assumptions. or turnover period is assumed to be 9 contaminated to the extent that the For the direct soil ingestion pathway, years, resulting in eight exposed surficial aquifer and the water-bearing an estimate of population risk can be households (or cohorts) over 70 years. aquifer are hydraulically connected. If made by estimating the number of The exposed households are assumed to this occurs, the actual population risk children that could be exposed to obtain their drinking water from wells could be much higher. However, contaminated soils assuming a change which are located 500 feet directly because the Agency lacks adequate data in land use from industrial to down-gradient of the surface protection on the location of community wells residential. This could occur where a operation and draw from the top of a relative to sawmills, EPA regards the sawmill is abandoned and, without shallow, contaminated surficial aquifer. existence of contaminated community prior soil remediation, is later The rationale for making these wells as a matter of speculation only, developed for residential housing or is particular assumptions is discussed in particularly where community water sold to a developer or prospective the risk assessment background systems are required to comply with the homeowner. As discussed earlier, the document for today's proposal. Because MCL (the maximum contaminant level population risk can be estimajed by the assumption that each well is located established under the Safe Drinking multiplying the exposed population by directly down-gradient of the surface Water Act) for pentachlorophenol. the central tendency estimate of protection operation and is used as a For the fish and shellfish ingestion individual risk. However, because the drinking water supply Is probably quite pathway, the population risk estimates storage yard is so much larger than the conservative (particularly given the are based on the entire U.S. population, process area, only the individual risk frequency with which sawmills are approximately 250 million people, value for the storage yard is used in this located near surface waters that are along with the previously discussed calculation. Ideally, one would examine likely to intercept at least some portion assumption that 40 percent of the local land-use patterns and land values of the contaminated ground water commercial freshwater and estuarine to ascertain the location of sawmills that plume), the population risk estimate fish and shellfish come from regions are likely candidates for residential could be characterized as a bounding where sawmills that surface protect are development. However, this type of estimate. However, the degree of located. As presented previously, a information is not readily available to conservatism is reduced by having not central tendency estimate of individual the Agency. Instead, a bounding considered that other households at risk was made for the general estimate can be made by assuming an farther distances could also be exposed. population. The assumption made here immediate change in land use to rural 2 1 Another way of estimating the number of to estimate the rate at which individuals are annual cases for non-carcinogenic health effects is exposed to levels above the reference dose. This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

25728 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules residential and estimating the number of Restriction Program are not necessarily proposed listing of F033 wastes potentially exposed children based on limited to those identified as present in identified in today's notice: rural residential population densities, the 1033 wastes in today's notice, but (1) Technical descriptions of the age demographic data, and estimated include those constituents or parameters treatment systems that are or could turnover times of child-bearing that wilf ensure that the technologies potentially be used for these wastes; households (i.e., the time period from are operated properly. (2) Descriptions of alternative when one child-bearing household is Wherever feasible, the Agency technologies (such as bioremediation) replaced with another child-bearing anticipates transferring BDAT treatment that might be currently available or household). Taking this approach, a standards for both wastewater and anticipated as applicable; bounding estimate of the size of the nonwastewater forms of the proposed (3) Performance data for the treatment exposed population is approximately F033 wastes from the list of treatment of these or similar wastes (in particular, 500 children over a 70year period. standards for F039, the listing for multi- constituent concentrations in both While this can be characterized as a source leachate, promulgated in the treated and untreated wastes, as well as bounding estimate, it does not consider Third Third final rule (see 40 CFR equipment design and operating the possibility that a sawmill site 268.43). These treatment standards, in conditions); located close to an expanding urban fact, should be generally achievable. If (4) Information on known or area could be converted to high density F033 wastes have constituents present perceived difficulties in analyzing single family or multifamily housing. that are not currently regulated in these treatment residues or specific Even if only a small number of sawmills wastes, EPA will develop treatment constituents; were to be developed for high-density standards for these constituents and (5) Quality assurance/control housing, the potential population of may then propose to add them to the information for all data submissions; exposed children could be larger than treatment standards for F039. (The Final (6) Factors affecting on-site and off- EPA's estimate. BDAT Background Document for U and site treatment capacity; P Wastes/Multi-source Leachate is VIII. Applicability of the Land Disposal (7) Information on the potential costs Restrictions available from NTIS (National Technical for set-up and operation of any current Information Service), 5285 Port Royal and alternative treatment technologies RCRA requires EPA to make land Road, Springfield, Virginia 22161, (703) for these wastes; and disposal prohibition determinations for 487-4600. The NTIS numbers for the (8) Information on waste hazardous wastes that are newly three-volume set are PB90-234337, minimization approaches. identified or listed in 40 CFR part 261 PB90-234345, and PB90-234352. after November 8, 1984, within six Although data on waste IX. State Authority months of the date of final listing (RCRA characteristics and current management A. Applicability of FinalRule in section 3004(g)(4), 42 U.S.C. 6924(g)(4)). ractices for the proposed F033 wastes Authorized States EPA is also required to set levels or ave been gathered as part of the methods of treatment, if any, which administrative record for today's rule, Under section 3006 of RCRA, EPA substantially diminish the toxicity of the Agency has not completed its may authorize qualified States to the waste or substantially reduce the evaluation of the usefulness of these administer and enforce the RCRA likelihood of migration of hazardous data for developing specific treatment program within the State. (See 40 CFR constituents from the waste so that standards or assessing the capacity to part 271 for the standards and short-term and longterm threats to treat (or recycle) these wastes. requirements for authorization.) human health and the environment are Available treatment performance data Following authorization, EPA retains minimized (RCRA section 3004(m)(1), for wastes believed as difficult to treat enforcement authority under sections 42 U.S.C. 6924(m)(1)). Land disposal of as F033 show that incineration, 3007, 3008, 3013, and 7003 of RCRA, wastes that meet treatment standards chemical dechlorination, and biological although authorized States have primary thus established by EPA is not treatment are potentially applicable to enforcement responsibility. prohibited. F033. These technologies have shown Before the Hazardous and Solid Waste A general overview of the Agency's some promise in the treatment of Amendments of 1984 (HSWA) amended approach in performing analysis of the dioxin-containing wastes. EPA is, in RCRA, a State with final authorization how to develop treatment standards for fact, evaluating the feasibility of administered its hazardous waste hazardous wastes can be found in developing concentration-based program entirely in lieu of the Federal greater detail in section Ill.A.1. of the treatment standards based on the program in that State. The Federal preamble to the final rule for Third performance of chemical dechlorination requirements no longer applied in the Third wastes (55 FR 22535, June 1, technologies demonstrated on wood authorized State, and EPA could not 1990). The framework for the preserving wastes or unspent issue permits for any plants located in development of the entire Land Disposal commercial chemical products used in the State with permitting authorization. Restrictions program was promulgated the formulation of solutions that are When new, more stringent Federal in the Solvents and Dioxins rule (51 FR precursors to the generation of F033 or requirements were promulgated or 40572, November 7, 1986). F032 (wood preserving waste). These enacted, the State was obligated to enact Treatment standards typically are data are also under review for the equivalent authority within specified established based on performance data purpose of developing treatment time frames. New Federal requirements from the treatment of the listed waste or standards for F033. A collection of the did not take effect in an authorized State wastes with similar chemical and available treatment information has until the State adopted the requirements physical characteristics or similar been placed in the docket for today's as State law. concentrations of hazardous rule. By contrast, under section 3006(g) of constituents. Treatment standards also EPA intends to propose treatment RCRA, 42 U.S.C. 6926(g), new are established for both wastewater and standards for F033 in a separate requirements and prohibi'ions imposed nonwastewater forms on a constituent- rulemaking. However, EPA specifically by the HSWA take effect in authorized specific basis. The constituents selected is soliciting comment and data on the States at the same time that they take for regulation under the Land Disposal following as they pertain to the effect in nonauthorized States. EPA is 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 / Tuesday, April 27, 1993 / Proposed Rules 25729

directed to implement those and enforce their regulations as a matter a particular plant (i.e., delisting requirements and prohibitions in of State law. petitions); authorized States, including the It should be noted that authorized (2) Section 261.22(a)(1) and (2)- issuance of permits, until the State is States are requid to modify their Evaluation of waste against the granted authorization to do so. While programs only when EPA promulgates corrosivity characteristic; States must still adopt HSWA-related Federal standards that are more (3) Section 261.24(a)-Leaching provisions as State law to retain final stringent or broader in scope than procedure for evaluation of waste authorization, the Federal HSWA existing Federal standards. Section 3009 against the toxicity characteristic; requirements apply in authorized States of RCRA allows States to impose (4) Sections 264.190(a), 264.314(c), in the interim. standards more stringent than those in 265.190(a), and 265.314(d)-Evaluation the Federal program. For those Federal of waste to determine if free liquid is a B. Effect on State Authorizations program changes that are less stringent component of the waste; 1. HSWA Provisions or reduce the scope of the Federal (5) Section 266.112(b)(I---Certain program, States are not required to analyses in support of exclusion from Because this proposal (with the modify their programs. (See 40 CFR the definition of a hazardous waste of a exception of the proposed CERCLA 271.1(i).) This proposed rule, if residue which was derived from reportable quantity) will be promulgated finalized, is neither less stringent than burning hazardous waste in boilers and pursuant to HSWA, a State submitting a nor a reduction in the scope of the industrial furnaces; program modification is able to apply to current Federal program and, therefore, (6) Section 268.32(i)-Evaluation of a receive either interim or final States would be required to modify their waste to determine if it is a liquid for authorization under section 3006(gX2) programs to retain authorization to purposes of certain land disposal or 3006(b), respectively, on the basis of implement and enforce these prohibitions; requirements that are substantially regulations. (7) Sections 268.40(a), 268.41(a), and equivalent or equivalent to EPA's 268.43(a)-Leching procedure for requirements. The procedures and X. Proposed Amendment of SW-846 evaluation of waste to determine schedule for State program (Test Methods for Evaluating Solid compliance with Land Disposal modifications under section 3006(b) are Waste, PhysicaLChemical Methods) treatment standards; described In 40 CFR 271.21. It should be The Agency is proposing to require (8) Sections 270.19(c)(1)(iii) and (iv), noted that all HSWA interim that certain wood surface protection and 270.62(b)(2)(iXC) and (D)-Analysis authorizations are currently scheduled plants test the pentachlorophenate and approximate quantification of the to expire on January 1. 2003 (see 57 FR concentration of their formulations (see hazardous constituents identified in the 60129, February 18, 1992). discussion in section IV(B) above) using waste prior to conducting a trial burn in the analytical and test methods found in support of an application for a 2. Modification Deadlines SW-846 (Test Methods for Evaluating hazardous waste incineration permit; Section 271.21(e)(2) of EPA's state Solid Waste, Physical/Chemical and authorization regulations (40 CFR part Methods). In connection with this (9) Sections 270.22(a)(2)(ii)(B) and 271) requires that States with final proposed testing requirement, the 270.66(c)(2)(i) and (ii)-Analysis authorization must modify their Agency is today proposing to add conducted in support of a destruction programs to reflect Federal program method 4010 (Immunoassay Test for the and removal efficiency (DRE) trial burn changes and submit the modifications to Presence of Pentachlorophenate) to the waiver for boilers and industrial EPA for approval. The deadline by Second and Third Editions of SW-846. furnaces burning low risk wastes, and which the States must modify their SW-846 contains the analytical and analysis and approximate quantitation test programs to adopt this proposed methods that EPA has evaluated conducted for a trial burn in support of regulation, if it is adopted as a final rule, and found to be among those acceptable an application for a permit to burn will be determined by the date of for testing under subtitle C of the hazardous waste in a boiler and Resource Conservation and Recovery promulgation of a final rule in industrial furnace. accordance with § 27LZ1(e)(2). If the Act, as amended (RCRA). These In situations where hazardous waste regulations under subtitle C of RCRA proposal is adopted as a final rule, Table methods are intended to promote I at 40 CFR Z71.1 will be amended accuracy, sensitivity, specificity, require that specific testing methods accordingly. Once EPA approves the precision, and comparability of analyses described in SW-846 be employed for modification, the State requirements and test results. certain applications, methods contained Several of the hazardous waste in the Second Edition become RCRA Subtitle C requirements. of SW-846, as regulations under subtitle C of RCRA amended, currently must be utilized. States with authorized RCRA require that specific testing methods See 40 CFR 260.11 and 270.6(a). In a programs already may have regulations described in SW-846 be employed for separate rulemaking. EPA has proposed similer to those in today's proposed certain applications. For the to require the use of the Third Edition rule. These State regulations have not convenience of the reader, the Agency of SW-846, as amended by update I, in been asessed against the Federal lists below a number of the sections lieu of the Second Edition of SW-846, regulations being proposed today to currently found in 40 CFR parts 260 as amended, in situations where the use determine whether they meet the tests through 270 that require the use of a of SW--846 methods are specifically for authorization. Thus, a State would specific method for a particular mandated. See 54 FR 3212 (anuary 23, not be authorized to implement these application, orthe use of appropriate 1989). regulations as RCRA requirements until SW-846 methods in general. If today's In other situations, any reliable State program modifications are proposal is adopted in final form, the analytical method may be used to meet submitted to EPA and approved, proposed pentachlorophenate testing other requirements in 40 CFR parts 260 pursuant to 40 CFR 271.21. Of course, requirement would be added to this list. through 270. SW-846 functions in those States with existing regulations that are Section 260.22(dX1)(i)- situations as a guidance document not less stringent than current Federal Submission of data in support of setting forth acceptable, although not regulations may continue to administer petitions to exclude a waste produced at required, methods to be implemented by This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

25730 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules

the user, as appropriate, in responding waste that exhibits one or more of the ..primary criteria," are aquatic toxicity, to RCRA-related sampling and analysis characteristics of a RCRA hazardous mammalian toxicity (oral, dermal, and requirements. waste (as defined in §§ 261.21 through inhalation), ignitability, reactivity, In today's proposed rule, the Agency 261.24), are hazardous substances under chronic toxicity, and potential is proposing to require that certain the Comprehensive Environmental carcinogenicity. Generally, for each wood surface protection plants test the Response, Compensation, and Liability intrinsic property, the Agency ranks pentachlorophenate concentration of Act of 1980 (CERCLA), as amended. See hazardous substances on a scale, their formulations using the analytical CERCLA section 101(14)(c). CERCLA associating a specific range of values on and test methods found in SW-846. The hazardous substances are listed in Table each scale with an RQ of 1, 10, 100, proposal does not, however, require the 302.4 at 40 CFR 302.4 along with their 1000, or 5000 pounds. The data for each use of any one specific SW-846 method. reportable quantities (RQs). hazardous substance are evaluated using Because the Agency believes that Accordingly, the Agency is proposing various primary criteria; each hazardous method 4010 is appropriate for the to: substance may receive several tentative testing requirements proposed today, it (1) List the proposed F033 hazardous RQ values based on its particular is proposing to add that method to SW- waste as a CERCLA hazardous substance intrinsic properties. The lowest of the 846. Method 4010. including its in Table 302.4 of 40 CFR 302.4; and tentative RQs becomes the "primary protocol and documentation supporting (2) Establish an adjusted CERCLA RQ criteria RQ" for that substance. *this proposal can be found in the docket of one pound for F033. After the primary criteria RQs are for this rulemaking. Reporting Requirements assigned, substances are further If the portion of the proposed rule evaluated for their susceptibility to referenced above (54 FR 3212 (January Under CERCLA section 103(a), the certain degradative processes, which are 23, 1989)) that would require the use of person in charge of a vessel or plant used as secondary adjustment criteria. SW-846 Third Edition methods in lieu from which a hazardous substance has These natural degradative processes are of SW-846 Second Edition methods is been released in a quantity that is equal biodegradation, hydrolysis, and promulgated and, thereafter, the Agency to or exceeds its RQ shall immediately photolysis (BHP). If a hazardous determines, after reviewing comments notify the National Response Center of substance, when released into the submitted, that SW-846 test methods the release as soon as that person has environment, degrades relatively should be required for the proposed knowledge thereof. See 40 CFR 302.6. rapidly to a less hazardous form by one pentachlorophenate testing requirement The toll free number of the National or more of the BHP processes, its RQ (as and that Method 4010 should be added Response Center is 1-800-424-8802; in determined by the primary RQ to SW-846, the Agency is proposing the Washington, D.C. metropolitan area, adjustment criteria) is generally raised that Method 4010 be added only to the the number is (202) 426-2675. In one level. (No RQ level increase based Third Edition of SW-846 as Update IIA addition to this reporting requirement on BHP occurs if the primary criteria RQ to that edition. If, on the other hand, a under CERCLA, section 304 of the is already at its highest possible level final rule replacing the Third Edition of Emergency Planning and Community 1100 pounds for potential carcinogens SW-846 for the Second Edition of SW- Right-to-Know Act of 1986 (EPCRA) and 5000 pounds for all other types of 846 in situations where the use of SW- requires owners or operators of certain hazardous substances except 846 methods is specifically mandated is plants to report the release of a CERCLA radionuclides].) This adjustment is not promulgated prior to promulgation hazardous substance to State and local made because the relative potential for of a rule finalizing the proposals authorities. EPCRA section 304 harm to public health or welfare or the discussed above in this section, the notification must be given immediately environment posed by the release of Agency will consider adding Method after the release of an RQ or more to the such a substance is reduced by the 4010 to the Second and Third Editions community emergency coordinator of degradative processes. Conversely, if a of SW-846 so that it will be available for the local emergency planning committee hazardous substance degrades to a more use regardless of which edition is for each area likely to be affected by the hazardous product after its release, the mandated. release, and to the State emergency original substance is assigned an RQ SW.-846 is a document that will planning commission of any state likely equal to the RQ of the more hazardous change over time as new information to be affected by the release. If today's substance, which may be one or more and data are developed. Advances in proposal is promulgated as a final rule, levels lower than the RQ for the original analytical instrumentation and releases of one pound or more of F033 substance. The downward adjustment is techniques are continually reviewed by waste will be subject to the appropriate because the hazard posed the Agency and periodically requirements described above. by the release of the original substance incorporated into SW-846 to support Adjustment of RQs is increased as a result of the BHP. changes in the regulatory program and The methodology summarized above to improve method performance. This Under Section 102(b) of CERCLA, all is applied to adjust the RQs of proposed addition represents such an hazardous substances newly designated individual hazardous substances. An incorporation. Therefore, although only under CERCLA have a statutory RQ of additional process applies to RCRA comments related to the proposals one pound unless and until adjusted by listed wastes, which contain individual referenced above will be considered in regulation. The Agency's methodology hazardous substances as constituents. connection with today's proposed rule, for adjusting RQs of individual As the Agency has stated (54 FR 33440; EPA also solicits any available data and hazardous substances begins with an August 14, 1989), to assign an RQ to a information that may affect the evaluation of the intrinsic physical, RCRA waste, the Agency determines the usefulness of SW-846. chemical, and toxicological properties RQ for each constituent of the waste and of each hazardous substance. (For more then assigns the lowest of these XI. cERCLA Designation and detailed information Reportable Quantities on this constituent RQs to the waste itself. methodology, see the preamble to an RQ Under the proposed definition of the All hazardous wastes listed under adjustment final rule published on F033 waste, its cbnstituents may RCRA and codified in 40 CFR 261.31 August 14, 1989 (54 FR 33426).) The include 2,3,7,8-tetrechlorodibenzo-p- through 261.33, as well as any solid intrinsic properties examined, called dioxin, which has an adjusted RQ of one This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. Federal Register / Val. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules 25731 pound (the lowest RQJ. Therefore, the (3) Replace equipment and use a non- The first three of these assumptions Agency is proposing a one-pound PCP formulation; or reflect the best information available adjusted RQ for F033. (4) Go out of business. The last assumption is conservative. Using the least-cost alternative Many facilities may currently have XII. Compliance Costs Associated With principle. EPA projects that all formulations with concentrations of the Rule potentially regulated facilities would rentachlorophenate at or below 0.1 ppm A. Executive Order 12291 choose number two above; use a non- the approximate number is unknown). PCP formulation and clean their Executive Order 12291 requires EPA Facilities are known to routinely clean equipment to ensure that PCP their equipment, or did so when they to conduct a Regulatory Impact Analysis concentrations are less than or equal to switched formulations. (RIA) for all "major" rules. A major rule 0.1 ppm. Under this scenario, facilities is defined as one that is likely to result are assumed to test their formulation, b. Results in: clean equipment and test again i. Perfacility costs. Costs of the (1) An annual impact on the economy following cleaning to insure projected compliance action are of $100 million or more; compliance. Furthermore, although not assumed to vary across facilities (2) A major increase in costs or prices required, facilities are assumed to avoid depending on the type of surface for consumers, individual industries, liability concerns through the added protection equipment used and the Federal. State, or local government costs associated with offsite disposal of quantity of lumber processed. Estimated agencies, or geographic regions; or wastes generated during the cleaning one-time per facility costs range from a (3) Significant impacts on process. low of $1,960 for a sawmill using a competition, unemployment, ii. Identificationof potentially spray chamber and producing less than investment, productivity, innovation, or regulatedcommunity. Any entity that 100 million board feet per year, to as the ability of United States-based generates wastes from wood surface high as $9,350 for a facility using a dip enterprises to compete in domestic or protection processes containing levels of tank and producing more than 100 export markets. pentachlorophenate above 0.1 ppm is million board feet per year. Labor, EPA has determined that the F033 potentially subject to the proposed rule. testing and waste disposal are the Listing Proposal is not a major rule, as Because sapstain can begin to form on primary cost factors. Waste disposal defined by the above criteria. wood within hours after it is cut, costs represent anywhere from six to 70 Nevertheless, the Agency has prepared sawmills are in the best position to percent of total estimated facility an abbreviated RIA or "Economic apply the anti-stain chemicals.. compliance costs, depending upon Assessment" (EA) in order to examine Nevertheless, there are isolated cases in equipment used and facility size. In costs and benefits likely to occur as a which downstream facilities such as addition, testing costs may vary widely result of this action. The EA is in the furniture manufacturers and flooring and contribute to the overall range. public docket for this notice. A brief companies prefer to urface-protect Labor costs reflect best professional sumumry of the Economic Assessment wood after they receive it. EPA has judgment of the estimated hours findings is presented below for both the learned from industry representatives. necessary for a thorough "high no-list and list option. however, that few, if any, such facilities pressure" water spray cleaning. These costs also vary based on facility size. B. Cost of ProposedF033 No-List Option would be affected by an F033 listing. Therefore, the Economic Assessment ii. Total cost estimation.The total Facilities may choose to take some (EA) focuses exclusively on sawmills. social cost of the proposed rule was remedial action as a result of publicity for this proposal. calculated by multiplying the number of surrounding this action. However, no As described elsewhere in this mills in each industry classification specific action will be required under preamble, EPA estimates that there are (based on the type of equipment this option. As a result, incremental cost over 3,200 sawmills currently operating employed and volume of lumber impacts to the regulated community are in the United States, of which produced) by the per facility cost expected to be zero under the no-list approximately 980 surface protect at estimated for that classification. option. least some portion of their wood. The The aggregate social cost of the proposed F033 listing is estimated to C. Cost three primary methods of surface of ProposedF033 List Option protection are dip tank, green chain, and range from $3.5 to $4.5 million. All a. Methodology spray chamber. costs are expected to be incurred iii. General assumptions.The entirely within the first year after I. General approach.The objective of promulgation of the rule. Forty percent the cost analysis was to determine the following assumptions underlie the Agency's projection of what facilities of the facilities sampled were found to social cost of the actions potentially would do in response to an F033 listing have existing PCP levels below the regulated firms would take to comply proposed regulatory cutoff (i.e., have with the and the resulting cost of these actions: proposed F033 listing. The (1) No facility will be using sodium formulations with pentachlorophenate principle used to determine the actions pentachlorophenate upon promulgation concentrations at or below 0.1 ppm). firms would take is that they would of a final rule; Extrapolating to the total cost figure undertake the lowest cost alternative (2) All current users of sapstain results in an aggregate low cost estimate available that would satisfy rule control chemicals were once users of of approximately $2.3 million requirements. sodium pentachlorophenate; (including affirmative testing for the 40 Facilities have several alternative (3) Sodium pentachlorophenate will percent). compliance strategies available to them: not be used again by any facility in the This action may also result in (1) Treat waste as hazardous; future; and classification of certain soils as (2) Use a non-PCP formulation and (4) All affected facilities (980) would hazardous, resulting in subtitle C take actions necessary to ensure that currently generate wastes that meet the management costs, if they are actively concentrations of PCP in surface listing description (i.e., have managed. Soil management costs would protection formulations are at or below formulations with pentachlorophenate vary significantly, depending upon the 0.1 ppm; concentrations greater than 0.1 ppm). amount of contaminated soil actually This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25732 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules managed and the technology used to implementation of the proposed rule. To (A) Ground-water ingestion. dispose of the soil. These factors are derive this estimate, EPA identified the Hazardous constituents from surface difficult to quantify. In practice, the constituents of concern, identified the protection wastes can migrate through expense of added soil management costs exposure pathways, detergifned the risk the soil to ground water. People can be likely would discourage many firms to individuals associated with each of exposed to the contaminated ground from disturbing (building on, the pathways, and correlated the water when it is used for drinking excavating, etc.) areas of contaminated individual risk to the population as a water. PCP was used as the constituent soils. However, even though firms are whole by multiplying by the estimated of concern for the ground-water analysis likely to avoid disturbing contaminated number of exposed persons. because it is more mobile through the soil areas, some affected facilities may When estimating the potential snil column than dioxins, which tend to choose to Implement stricter soil benefits of the proposedrule, it is bind to the soil. Contamination of the management requirements out of human important to distinguish between risks upper aquifer, from which residential health and/or liability concerns. Any that result from past practices and risks wells might be drawn, was modeled. estimates of the costs associated with from future actions. Because the Thus the potentially exposed future management of contaminated proposed rule, by its own terms, will population consists of people drinking soils could be only speculative, and are not require remediation of existing contaminated water from residential not included in this analysis. contamination, it will affect only future wells located near the source of the Opportunity costs associated with actions and will not mandate action contamination. The lower aquifer, from restricted property use may result from with respect to contamination from past which community wells might be this action. These costs would be practices. The risk analysis conducted drawn, was not modeled because of the reflected in reduced property values. in support of this proposed rule lack of site-specific information on the The presence of PCP-contaminated soils examined both risk from past practices location of community wells near may reduce the value of the land by as well as incremental risk from action sawmill facilities. compelling clean-up actions, or through affected by the proposed rule. This Standard exposure assumptions used the lost use of restricted areas. These proposal addresses only incremental to translate the estimated constituent costs are assumed to be reflected in the risks, as a result, only the incremental concentrations in ground water into market value of the property. risks are discussed in this section of health risks included ingestion of 1.4 Furthermore, the Agency feels that most today's notice. liters of contaminated ground water per reductions in the market value of ii. Identification of constituents of day by a 70 kg adult for an average of property results from past concern and the measurement of their nine years. The excess lifetime cancer contamination. Opportunity costs, risks. The constituents of concern used risk to an individual drinking in the risk assessment include contaminated ground water was therefore, may be attributable, in many - 7 cases, to existing State and Federal laws. pentachlorophenol (PCP), estimated to be 5x10 . This means that ii. Agency preferred cleaning option. polychlorinated dibenzo-p-dioxins an individual exposed to the Sand blasting and epoxy coating is not (PCDD), and polychlorinated contamination would have a one in required to satisfy rule requirements. dibenzofurans (PCDF). Because of 2,000,000 incremental risk of However, the Agency recognizes this as limited quantitative data on the toxicity contracting cancer over his or her the most effective cleaning method of the specific isomers and congeners of lifetime. available andrecommends its use in the latter two constituents, PCDDs and To calculate population risk, the meeting the required 0.1 ppm PCP PCDFs were modeled using quantitative Agency assumed that one residential concentration level. Sand blasting and values for 2,3,7,8-tetrachlorodibenzo-p- well serving a family of four would be epoxy coating would cost approximately dioxin (TCDD), an isomer of dioxin. located directly downgradient of each $2,500 per facility for the average dip Tetrachlorophenol (TeCP) is also a potentially regulated facility. In tank and green chain operation. Spray constituent of chlorophenolic addition, the population risk estimate formulations and was included in the was calculated for eight cohorts of chamber facilities would not be able to full risk analysis. However, because'it employ this method. The most effective is individuals consuming contaminated alternative for these facilities would be not a carcinogen, results for this water over a 70 year period. Because to replace their equipment at costs constituent are not discussed in this cancer cases were not discounted, the section of today's notice. exact timing of the onset of cancer was - ranging from $40,000 to $60,000 per As PCP and TCDD are both Class B not important. facility. None of the above estimates 2 Under these carcinogens (probable human assumptions, an estimated 17,000 include testing or waste disposal costs. carcinogens), the magnitude of their individuals would be exposed to While sand blasting and epoxy risks was measured using carcinogenic contaminants from ground water coating (equipment replacement for slope factors. The slope factors for PCP spray operations) is preferred to ensure consumption. The population risk and TCDD are 1.2x10 - I (mg/kg/d)-I estimate also assumes that exposed the most effective cleaning possible, the and 1.56x10 5(mg/kg/d)- 1 respectively. individuals would be drinking Agency recognizes that industry will iii. Identification of exposure logically choose the least cost cleaning contaminated ground water during the pathways and population risks. EPA 70 years that constituent concentrations method available to meet rule modeled risks for three pathways: are at their highest. requirements. As a result, final cost Ground water Ingestion, fish and (B) Fish and shellfish ingestion. estimates presented In section C.(b) shellfish ingestion, and soil ingestion. Wastes from surface protection reflect this assumption. There are also potential exposures from processes can be carried into streams D. Benefits of Proposed F033 Listing surface water ingestion, soil and dust and rivers located near potentially inhalation, and dermal exposure to soil, regulated sawmills through soil runoff. a. Methodology but preliminary analysis suggested that The Agency assumed that dioxins, I. Overview. The objective of the these pathways were unlikely to pose which tend to bind with soil, would be benefits analysis was to estimate the significant risks. The exposure scenarios present in the runoff. number of cancer cases that could be for each of the modeled pathways are as Risks from fish ingestion were avoided as a result of the follows: estimated using a five step process. 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 / Tuesday, April 27, 1993 / Proposed Rules 25733 I

First, the Agency estimated the expected would not take place prior to b. Caveats soil concentrations of dioxins that construction of the residential units. The cost-effectiveness estimate is very would be released through cross The excess lifetime cancer risk to sensitive to the assumptions used to contamination. Second, it estimated children eating contaminated soil was - 7 estimate the benefits of the proposed constituent concentrations in stream estimated to range from 1X10 to rule. The sediment resulting from erosion of - 6 primary factor leading to 2x10 , depending on the analytical overestimation of benefits is that the contaminated soils based on erosion approach. The Agency's best estimate analysis rates - 7. assumes that all of the for the entire drainage basin in for this pathway is 7x10 contaminants remaining which the sawmill is located. in the surface Third, In estimating population risk,.it protection equipment will be using fish-to-sediment bloaccumulation was eliminated assumed as a result of the proposed F033 factors, the concentrations of that 540-children would be listing. constituents in fish tissue were exposed over a 70 year period. The However, this is likely not to be the case estimated. Fourth, human derivation of this population estimate is because: exposure to (i) The performance test contaminants were estimated based on lengthy and is discussed in the risk measures assumptions about consumption of assessment background document for PCP not dioxin, the constituent of freshwater and estuarine fish and today's proposal. concern in the fish and shellfish pathway. Facilities that pass the PCP shellfish. Finally, the carcinogenic slope b. Results factor for TCDD was multiplied by the test may still have small amounts of rate of ingestion of TCDD to estimate EPA estimated the expected decrease dioxin remaining in the equipment. in the number of cancer cases that (ii) Facilities would not be required to risk of cancer from ingestion of dispose of the wastes from the cleaning contaminated fish. would result from implementation of Based on data from the Department of the proposed-rule for each exposure process as F033 hazardous waste prior Agriculture 1977-1978 National Food pathway. The best estimate for risks to the effective date of the final rule. As Consumption Survey (NFCS), it was from the ingestion of fish and shellfish such, facilities can legally avoid the assumed that each person in the US (0.2 cancer cases) are substantially costs of disposing of any cleanup wastes consumes freshwater and estuarine fish higher than risks from ground water and as F033 hazardous wastes. The Agency and shellfish at a rate of 5.9 grams per soil Ingestion. The results are shown in believes, however, that facilities will day. It was further assumed that Table I below. choose to manage wastes from the consumption of fish would occur for cleaning process as Subtitle C wastes 25,550 days (70 years). The excess TABLE 1.-ESTIMATED INCREMENTAL CAN. prior to the effective date of the rule, as lifetime cancer risk from individuals CER CASES AVOIDED AS A RESULT reflected in the cost analysis. The eating contaminated fish was estimated OF THE PROPOSED RULE Agency recognizes the possibility that to range from 9.6x10- 1 to 4.4x10 - 9 , this listing determination could, in depending upon analytical approach. Estimated some cases, actually expedite the The Agency's best estimate for this statistical contamination process, not prevent it, 0 cancer should pathway is 8.0x10- 2 . Exposure pathway cases facilities choose to discard Because sawmills are located in the avoided wastes on-site prior to the effective date drainage basins that drain into the over 70 of the rule. primary areas for freshwater and year life- The results of the analysis may also estuarine commercial fishing and time underestimate the benefits of the proposed rule, and thus the cost- because commercial fish landings are Ground water Ingestion ...... 0.005 marketed nationally, it was assumed Fish and shellfish Ingestion effectiveness. The primary factor that the total population of the US (general population) ...... 0.200 leading to a potential underestimate is would be exposed to contaminated fish Soil ingestion ...... 0.0004 the fact that all potential exposure and that 24 percent of the commercial pathways were not included in the final fish and shellfish would be Total ...... 0.2054 benefits estimate. Exposure pathways contaminated. (The 24 percent figure is not estimated include fish ingestion by based on the assumptions that sawmills E. Cost Effectiveness Analysis subsistence fishers whose intake may be which surface protect are located in 40 a. Results much higher than the general percent of the drainage basins and that population. One measure EPA uses to 60 percent of those sawmills will be determine XII. Regulatory Requirements affected by the rule.) Thus, to estimate the cost-effectiveness of its regulations population risk, the general population is the cost per cancer case avoided. The A. Regulatory Flexibility Act risk was multiplied by the estimated proposed rule would lead to reduction The Regulatory Flexibility Act (5 population of the US (250 million). of an estimated 0.2054 cancer cases (this U.S.C. 601 et. seq.) requires that (C) Soil ingestion. Direct human is a statistical estimate and therefore whenever an agency publishes a notice ingestion of contaminated soil, usually does not have to be a whole number) at of rulemaking, it must prepare a by young children, is another potential a total cost ranging from $2.3 to $4.5 Regulatory Flexibility Analysis (RFA) exposure route. Such exposure would million. Thus, the cost per cancer case that describes the effect of the rule on most likely occur under a scenario in avoided ranges from $10.2 to $21.8 small entities (i.e., small businesses, which the land on which the sawmill is million, using the Agency's best small organizations, and small located is converted to residential use, estimate for the fish and shellfish governmental jurisdictions). EPA has without significant cleanup of the pathway. Alternative analytical prepared such an analysis and a copy is contaminated soil. Again, the Agency approaches for determination of the fish in the public docket for this notice. A assumed that dioxins would be present and shellfish pathway result in a cost brief summary of the analysis follows. in the soil, while PCP would' not. The effectiveness range from $2.1 to $152.4 Agency assumed that all facilities would million. The soil ingestion and ground 1. Definition of Small Entity be converted to residential use and that water pathwa ys have a very minor For the purposes of this analysis, EPA remediation of soil contamination impact on overall cost effectiveness. has defined a small entity as a sawmill This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25734 Federal Register / Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Ru.les

that produces less than 100 million (ICR No. 163&1) and a copy may be Reporting and recordkeping board feet of lumber annually. No other obtained from Sandy Farmer. requirements, Supefund, Waste small organizations or governmental Information Policy Branch, EPA, 401 M treatment and disposal, Water pollution jurisdictions are believed to be affected Street, SW.. (PM-223Y), Washington. control, Water supply. by the proposed rule. The definition is DC 20460 or by calling (202) 260-2740. designed to be consistent with the A revised public reporting burden for Dated; March 31, 1993. classifications used in the cost analysis this collection of information is Carol M. Browner, and as inclusive as possible. estimated to average between six and Administrear. twenty-six hours per facility, including 2. Sales Test time for reviewing instructions, For the reasons set out in the One way the Agency determines searching existing data sources, preamble, it is proposed to amend title whether regulatory impacts are gathering and maintaining the required 40 of the Code of Federal Regulations as significant is to conduct a sales test. data, and completing and reviewing the follows: Facilities are assumed to pass this test collection of information. if compliance costs are projected to be Send comments regarding the burden PART 260--HAZARDOUS WASTE less than one percent of their annual estimate or any other aspect of this MANAGEMENT SYSTEM: GENERAL gross sales. The compliance costs used collection of information, Including are the same as those in the EA. Sales suggestions for reducing this burden, to 1. The authority citation for part 260 are estimated by multiplying the Chief, Information Policy Branch, PM- continues to read as followc number of board feet produced by $0.20 223Y, U.S. Environmental Protection Authority: 42 U.S.C. 6906, 6912(4J) 6921- per board foot, a low-end estimate of the Agency, 401 M Street SW., Washington, 6927, 6930, 6934, 6935, 6937, 6936, 6939, price of lumber. All potentially DC 20460; and to the Office of and 6974. regulated facilities pass the sales test. Information and Regulatory Affairs, According to the analysis, the most Office of Management and Budget, Subpart B-Definitions adversely affected facilities would be Washington, DC 20503, marked those that own dip tanks and produce "Attention: Desk Officer for EPA." 2. Section 260.11 is amended by less than five million board feet per revising the "Test Methods for year. These facilities are estimated to List of Subjects Evaluating Solid Waste, Physical/ incur cost Impacts of approximately 40 CFR Part 260 Chemical Methods" reference of 0.89 percent of sales. Administrative practice and paragraph (a) to read as follows: 3. Profits Test procedure, Confidential business § 260.11 References. information, Hazardous waste, A second way the Agency determines * * * whether regulatory impacts are Incorporation by reference. (a) significant is to conduct a profits test. 40 CFR Part 261 "Test Methods for Evaluating Solid Waste, Facilities are assumed to pass this Physical/Chemical Methods," EPA test Hazardous materials, Waste treatment if compliance costs are projected to be Publication SW-846 (Third Edition less than 10 percent of average annual and disposal, Recycling. (November, 1986), as amended by Updates l4 profits. Profits were assumed to be 1.8 40 CFR Part264 11and 11A). The Third Edition of SW-846 and percent of sales based on data from Hazardous materials, Packaging and Updates I, I, and ItA [document number 955-001-000O-1) are available from the Robert Morris Associates, an often used containers, Reporting requirements, Superintendent of Documents, U.S. source of such information. Security measures, Surety bonds, Waste Facilities Government Printing Office, Washington, DC producing over five million treatment and disposal. board feet per year pass the profits test. 20402, (202) 783-3238. Those producing less than five million, 40 CFR Part 265 approximately 400 facilities, Air pollution control Hazardous nationwide, do not. Compliance costs materials, Packaging and containers, PART 261--DENTIFICATION AND could be equivalent to as much as 55% Reporting requirements, Security LISTING OF KAZAROOUS WASTE of annual profits for some of these measures, Surety bonds, Waste entities. treatment and disposal, Water supply. 3. The authority citation for part 261 It should be noted that in practice continues to read as follows: small businesses may not be as 40 CFR Part 270 adversely affected as the fnalysis Authority: 42 U.S.C. 6905, 6912(a), 6921, Administrative practice and 6922, 6934, and 6938. suggests because both estimates of procedure, Confidential business compliance costs and sales are information, Hazardous materials 4. In § 261.31, in the table in considered conservative. In addition, transportation, Hazardous waste, paragraph (a), add the F033 listing, as compliance costs would be incurred Reporting and recordkeeping follows: only in the first-year, rather than on an requirements. annual basis. 1261.31 Hazardous waste frotm rx- 40 CFR Part 302 specific source. B. Paperwork Reduction Act Air pollution control, Chemicals, (a) * ** The information collection Emergency Planning and Community requirements in today's proposed rule Right-to-Know Act, Extremely has been submitted for approval to the hazardous substances, Hazardous Office of Management and Budget chemicals, Hazardous materials. (OMB) under the Paperwork Reduction Hazardous materials transportation, Act, 44 U.S.C. 3501 at. seq. An Hazardous substances, Hazardous Information Collection Request wastes, Intergovernmental relations, document has been prepared by EPA Natural resources, Pesticides and pests, 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 / Tuesday, April 27, 1993 / Proposed Rules 25735

Industry 5. Add the following entries in and EPA Hazard numerical order to appendix VII of part hazardous Hazardous waste code waste No. 261:

F033 Process residuals, (T) wastewaters that come In contact with protectant, dis- carded spent formu- lation, and protect- ant drippage from wood surface pro- tection processes at operations that use surface protection chemicals having an In-process formula- tion concentration of pentachlorophenate [expressed as pentachlorophenol during analysis] ex- ceeding 0.1 ppm.

APPENDIX VII TO PART 261-BASIS FOR LISTING HAZARDOUS WASTE

EPA haz- ardous Hazardous constituents for which listed waste No.

F033 Pentachlorophenol, 2,3,4,6-tetrachlorophenol, 2,4,6-tdchlorophenol, tetra-, penta-, hexa-, heptachlorodibenzo-p-dioxlns, tetra-, penta-, hexa-. heptachlorodibenzofurans.

6. Add the following hazardous constituents (with CAS Numbers) in alphabetical order, to appendix VIII of part

261:

APPENDIX ViII TO PART 261-HAZARDOUS CONSTITUENTS

Chemical Hazard- Common name Chemical abstracts name abstracts ous waste No. No.

Octachlorodlbenzofuran ...... Same...... Same ...... 39001-02-0 Octachlorodibenzo-p-dloxin ...... Same ...... 3268-87-9 Potassium pentachlorophenate ...... Pentachlorophenol, potassium salt ...... ;...... 7778-73-6 2,3,4,6-tetrachlorophenol, potassium salt...... Potassium tetrachlorophenate ...... 53535-27-6 Sodium pentachlorophenate ...... Pentachlorophenol, sodium salt ...... 131-52-2 2,3.4,6-tetrachlorophenol, sodium salt ...... Sodium tetrachlorophenate ...... 25567-55-9

PART 264-STANDARDS FOR Subpart T--Surface Protection Plants concentration equal to or less than 0.1 OWNERS AND OPERATORS OF Sec. ppm and who do not handle their HAZARDOUS WASTE TREATMENT, 264.560 Applicability. wastes as F033 wastes are subject to STORAGE, AND DISPOSAL 264.561 Formulation analysis and § 264.561. FACILITIES recordkeeping requirements. (b) Owners and operators of 264.562 wood Operating requirements. surface protection operations using in- 7. The authority citation for part 264 Subpart T-Surface Protection Plants process protectant formulations that continues to read as follows: contain (by design or cross- Authority. 42 U.s.C. 6905, 6912(a), 6924, §264.560 Applicability. contamination) a pentachlorophenate and 6925. (a) Owners and operators of wood concentration greater than 0.1 ppm are surface protection operations using In- subject to § 264.562 and are required to 8. Add subpart T to part 264 to read process protectant formulations that manage their wastes in accordance with as follows: contain (by design or cross- the requirements of either subpart J or contamination) a pentachlorophenate subpart W of this part This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 25736 Federal Register t Vol. 58, No. 79 / Tuesday, April 27, 1993 / Proposed Rules

1264.561 Formulation analysis and drippage in the storage yard. In the less than 0.1 ppm, the owner/operator recordkeeplng requirements. event of storage yard drippage, the must sign the following certification: (a) Owners and operators must sample owner/operator must implement this I certify, under penalty of law, that the and test their surface protectant contingency plan by: surface protection formulation used by formulations to determine the (1) Cleaning up the drippage; (insert name of operation) has been sampled concentration of pentachlorophenate (2) Documenting the cleanup and and tested using a method found in EPA (expressed as pentachlorophenol during retaining this documentation for three Publication SW-446 and the samples analysis) contained therein, using a years; and analyzed by (insert name of laboratory and method found in EPA Publication SW- (3) Managing the contaminated media address). The result of this analysis 846. The formulation sample to be in accordance with all applicable RCRA indicated that the concentration of tested must be taken immediately regulations. pentachlorophenate (expressed as following operation. Such testing must pentachlorophenol during analysis) in the in- be conducted by a qualified analytical PART 265-INTERIM STATUS process surface protection formulation is laboratory. If analysis shows that the STANDARDS FOR OWNERS AND (insert the results of the analysis). I am aware OPERATORS OF HAZARDOUS WASTE concentration of pentachlorophenate in that there are significant penalties for TREATMENT, STORAGE, AND an operation's formulation is equal to or submitting false information, including the less than 0.1 ppm, the owner/operator DISPOSAL FACILITIES possibility of fine and/or imprisonment. must sign the following certification: 9. The authority citation for part 265 This certification may be provided by a I certify, under penalty of law, that the continues to read as follows: responsible official of the operation or surface protection formulation used by Authority: 42 U.S.C. 6905, 6912(a), 6924, by a registered, profession engineer. [insert name of operation] has been sampled 6925, and 6935. and tested using a method found in EPA (b) Owners and operators must Publication SW-846 and the samples 10. Add Subpart T to part 265 to read maintain records on-site until analyzed by (insert name of laboratory and as follows: operations cease. These records must address). The results of this analysis Subpart T--Surface Protection Plants include the following: indicated that the concentration of (1) A description of the pentachlorophenate (expressed as Sec. method used pentachlorophenol during analysis) in the in- 265.435 Applicability. for sampling and testing; process surface protection formulation is 265.436 Formulation analysis and (2) Results of the analysis conducted (insert the results of the analysis). I am aware recordkeeping requirements. in accordance with § 265.436(a); and that there are significant penalties for 265.437 Operating requirements. submitting false information, including the (3) A copy of the signed certification possibility of fine and/or imprisonment. Subpart T-Surface Protection Plants required under § 265.436(a). 265.435 Applicability. This certification may be provided by a § I265.437 Operating requirements responsible official of the operation or (a) Owners and operators of wood by a registered, professional engineer. surface protection operations using in- (a) Owners and operators must hold Mo} Owners and operators must process protectant formulations that newly treated wood in the process area maintain records on-site until contain (by design or cross- after treatment to allow excess drippage operations cease. These records must contamination) a pentachlorophenate of surface protectant to cease and to include the following: concentration equal to or less than 0.1 allow all entrained liquids (from (1) A description of the method used ppm and who do not handle their dipping operations) to be removed prior for sampling and testing; wastes as F033 wastes are subject to to transfer of the wood to the storage (2) Results of the analysis conducted § 265.436. yard. Treated wood must not be inaccordance with § 264.561(a); and (b) Owners and operators of wood removed from the process area until all (3) A copy of the signed certification surface protection operations using in- free liquid drainage has ceased. required under § 264.561(a). process protectant formulations that (b) Owners and operators of surface contain (by design or cross- 1264.562 Operating requirements. protection operations that store treated contamination) a pentachlorophenate wood in areas unprotected firom (a) Owners and operators must hold concentration greater than 0.1 ppm are newly treated wood In the process area precipitation must cover the tops of the subject to § 265,437 and are required to wood bundles prior to a precipitation after treatment to allow excess drippage manage their wastes, in accordance with of surface protectant to cease and to event to prevent precipitation from the requirements of either subpart J or mobilizing pentachlorophenol allow all entrained liquids (from subpart W of this part. dipping operations) to be removed prior constituents into the. environment. to transfer of the wood to the storage § 265.436 Formulation analysis and (c) Owners and operators of surface yard. Treated wood must not be recordkeeplng requirements. protection operations must develop and removed from the process area until all (a) Owners and operators must sample maintain a contingency plan for free liquid drainage has ceased. and test their surface protectant immediate response to protectant (b) Owners and operators of surface formulations to determine the drippage in the storage yard. In the protection operations that store treated concentration of pentacllorophenate event of storage yard drippage, the wood in areas mnprotected from (expressed as pentachlorophenof during owner/operator must implement this precipitation must cover the tops of the analysis) contained therein, using a contingency plan by: wood bundles prior to a precipitation method found in EPA Publication SW- (1) Cleaning up the drippage; event to prevent precipitation from 846. The formulation sample to be mobilizing pentachlorephenot tested must be taken Immediately (2) Documenting the cleanup and constituents into the environment. following operation.. Such testing must retaining this documentation for three c) Owners and operators, of surface be conducted by a qualified analytical years; and protection operations must develop and- laboratory. If analysis shows that the (3) Managing the contaminated media maintain a contingency plan for concentration of pentachlerophenate in in accordance with all applicableF.CRA Immediate response to protectant an operation's formulation is equal to or regulations. 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 / Tuesday, April 27, 1993 / Proposed Rules 25737

PART 270-EPA ADMINISTERED 1270.6 References. PART 302-DESIGNATION, PERMIT PROGRAMS: THE (a)When used in part 270 of this REPORTABLE QUANTITIES, AND HAZARDOUS WASTE PERMIT chapter, the following publications are NOTIFICATION PROGRAM incorporated by reference: 13. The authority citation for part 302 11. The authority citation for part 270 "Test Methods for Evaluating Solid Waste, continues to read as follows: continues to read as follows: Physical/Chemical Methods," EPA Authority: 42 U.S.C. 9602, 9603, and 9604; Publication SW-846 [Third Edition 33 U.S.C. 1321 and 1361. Authority: 42 U.S.C., 6905, 6912, 6924, (November, 1986), as amended by Updates 1, 14. Section 302.4 is amended by 6925, 6927, 6939, and 6974. II,and RA]. The Third Edition of SW-846 and Updates I, 11,and IIA (document number adding an entry for F033 in Table 302.4 Subpart B-Permit Application 955-001-00000-1) are available from the to read as follows. The appropriate Superintendent of Documents, U.S. footnotes to Table 302.4 are republished 12. Section 270.6 (a) is revised to read Government Printing Office, Washington, DC without change. as follows: 20402, (202) 783-3238. S302.4 Designation of hazardous *t * *t * * substances.

TABLE 302.4.-LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES

,-, Statutory Proposed RQ Hazardous substance CASRN Regulatory syno- nyms Q Coe 1" wastewRCRA No. Category Pounds (Kg)

F033 Process residuals, wastewaters ...... 1. 4 F033 X 1(0.454) that come in contact with protect- ant, discarded spent formulation, and protectant drippage from wood surface protection processes at op- erations that use surface protection chemicals having an In-process for- mulation concentration of pentachlorophenate (expressed as pentachlorophenol during analysis] exceeding 0.1 ppm. (T).

t Indicates the statutory source as defined by 1, 2, 3, 4 or below. 4 Indicates that the statutory source for designation of this hazardous substance under CERCLA is RCRA Section 3001. "Indicates that the 1-pound RO is a CERCLA statutory RQ.

[FR Doc. 93-9585 Filed 4-26-93; 8:45 am] BILUNG CODEaee-W-P