Environmental Protection Agency 40 CFR Parts 148, Et Al
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Tuesday, February 13, 2001 Part II Environmental Protection Agency 40 CFR Parts 148, et al. Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Paint Production Wastes; Proposed Rule VerDate 11<MAY>2000 21:08 Feb 12, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13FEP2.SGM pfrm08 PsN: 13FEP2 10060 Federal Register / Vol. 66, No. 30 / Tuesday, February 13, 2001 / Proposed Rules ENVIRONMENTAL PROTECTION If these paint production wastes are original and two copies of CBI under AGENCY listed as hazardous waste, then they will separate cover to: RCRA CBI Document be subject to stringent management and Control Officer, Office of Solid Waste 40 CFR Parts 148, 261, 268, 271, and treatment standards under Subtitle C of (5305W), U.S. EPA, 1200 Pennsylvania 302 RCRA. Additionally, this action Avenue, NW., Washington, DC 20460. [SWH–FRL–6940–6] proposes to designate these wastes as FOR FURTHER INFORMATION CONTACT: For hazardous substances subject to the general information, contact the RCRA RIN 2050–AE32 Comprehensive Environmental Hotline at (800) 424–9346 or TDD (800) Response, Compensation, and Liability 553–7672 (hearing impaired). In the Hazardous Waste Management Act (CERCLA) and to adjust the one System; Identification and Listing of Washington, DC, metropolitan area, call pound statutory reportable quantities (703) 412–9810 or TDD (703) 412–3323. Hazardous Waste; Paint Production (RQs) for these substances. Other Wastes; Land Disposal Restrictions for For information on specific aspects of actions proposed in this notice would the rule, contact Ms. Patricia Cohn or Newly Identified Wastes; CERCLA add acrylamide and styrene to the Hazardous Substance Designation and Mr. David Carver of the Office of Solid treatment standards applicable to Waste (5304W), U.S. Environmental Reportable Quantities; Designation of multisource leachate and designate n-Butyl Alcohol, Ethyl Benzene, Methyl Protection Agency, 1200 Pennsylvania styrene as an underlying hazardous Avenue, NW., Washington, DC 20460, Isobutyl Ketone, Styrene, and Xylenes constituent. As a result, a single waste as Appendix VIII Constituents; (E-mail addresses and telephone code would continue to be applicable to numbers: [email protected] (703– Addition of Acrylamide and Styrene to multisource landfill leachates and the Treatment Standards of F039; and 308–8675); [email protected] (703– residues of characteristic wastes would 308–8603)). For technical information Designation of Styrene as an require treatment when styrene is Underlying Hazardous Constituent on the CERCLA aspects of this rule, present above the proposed land contact Ms. Lynn Beasley, Office of AGENCY: Environmental Protection disposal standards. Emergency and Remedial Response, Agency (EPA). DATES: EPA will accept public Analytical Operations and Data Quality ACTION: Proposed rule. comments on this proposed rule until Center (5204G), U.S. Environmental April 16, 2001. Comments postmarked Protection Agency, 1200 Pennsylvania SUMMARY: The EPA proposes to amend after this date will be marked ‘‘late’’ and Avenue, NW., Washington, DC 20460, the regulations for hazardous waste may not be considered. Any person may [E-mail address and telephone number: management under the Resource request a public hearing on this [email protected] (703–603–9086)]. Conservation and Recovery Act (RCRA) proposal by filing a request with Mr. SUPPLEMENTARY INFORMATION: by listing as hazardous certain waste David Bussard, whose address appears solids and liquids generated from the below, by February 27, 2001. How Do I Submit Comments to This production of paint. EPA is proposing a ADDRESSES: If you would like to file a Proposed Rule? concentration-based listing approach for request for a public hearing on this We are asking prospective each of these wastes. Under this proposal, please submit your request to commenters to voluntarily submit one approach, the identified paint Mr. David Bussard at: Office of Solid additional copy of their comments on production wastes are hazardous if they Waste, Hazardous Waste Identification labeled personal computer diskettes in contain any of the constituents of Division (5304W), U.S. Environmental ASCII (text) format or a word processing concern at concentrations that meet or Protection Agency, 1200 Pennsylvania format that can be converted to ASCII exceed regulatory levels. Generators Avenue, NW., Washington, DC 20460, (text). Specify on the disk label the word must determine whether their wastes (703) 308–8880. processing software and version/edition are listed hazardous wastes. If their If you wish to comment on this as well as the commenter’s name. This wastes are below regulatory levels for all proposed rule, you must send an will allow us to convert the comments constituents of concern, then their original and two copies of the comments into one of the word processing formats wastes are nonhazardous. We are also referencing docket number F–2001– used by the Agency. Please use mailing proposing a contingent management PMLP–FFFFF to: RCRA Docket envelopes designed to physically option for waste liquids. These wastes Information Center, Office of Solid protect the submitted diskettes. We would not be subject to the listing if Waste (5305G), U.S. Environmental emphasize that submission of comments they are stored or treated exclusively in Protection Agency Headquarters (EPA, on diskettes is not mandatory, nor will tanks or containers prior to discharge to HQ), 1200 Pennsylvania Avenue, NW., it result in any advantage or a publicly owned treatment works or Washington, DC 20460. Hand deliveries disadvantage to any commenter. discharged under a Clean Water Act of comments should be made to the If you submit comments national pollutant discharge elimination RCRA Information Center (RIC) located electronically, identify comments in system permit. This proposal would at Crystal Gateway, First Floor, 1235 electronic format with the docket also add the toxic constituents n-butyl Jefferson Davis Highway, Arlington, VA. number F–2001–PMLP–FFFFF. You alcohol, ethyl benzene, methyl isobutyl You also may submit comments must submit all electronic comments as ketone, styrene, and xylenes found in electronically by sending electronic an ASCII (text) file, avoiding the use of these identified wastes to the list of mail through the Internet to: special characters and any form of constituents that serves as the basis for [email protected]. See the beginning encryption. classifying wastes as hazardous, and to of the Supplementary Information establish treatment standards for the section for information on how to How Can I View Supporting Documents wastes. Due to the uncertainties in our submit your comments as well as view for This Proposed Rule? assessment of the management of paint public comments and supporting You may view either the paper or manufacturing waste liquids in surface materials. electronic form of public comments and impoundments, we are also considering Please do not submit any confidential supporting materials accompanying an alternative proposal not to list paint business information (CBI) today’s proposal. You may access the manufacturing waste liquids. electronically. You must submit an paper copies of these supporting VerDate 11<MAY>2000 21:08 Feb 12, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\13FEP2.SGM pfrm08 PsN: 13FEP2 Federal Register / Vol. 66, No. 30 / Tuesday, February 13, 2001 / Proposed Rules 10061 documents in the RIC (See ADDRESSES • Tell us which parts of this proposal b. Selection of Waste Management section for address). The RIC is open you support, as well as those with Scenarios for Risk Assessment Modeling from 9 am to 4 pm, Monday through which you disagree. of Nonhazardous Paint Manufacturing Friday, excluding Federal holidays. To • Offer specific alternatives. Waste Solids • Provide solid technical data to c. Selection of Waste Management review docket materials, we recommend Scenarios for Risk Assessment Modeling that you make an appointment by support your views. For example, if you of Nonhazardous Paint Manufacturing calling (703) 603–9230. You may copy estimate potential costs, explain how Waste Liquids a maximum of 100 pages from any you arrived at your estimate. d. Survey Data as Input to Modeling regulatory docket at no charge. Contents of This Proposed Rule Parameters Additional copies cost $0.15/page. E. What Risk Assessment Approach Did You may also view these documents I. Overview EPA Use to Determine Allowable electronically on the Internet: http:// A. Who Potentially Will Be Affected by Constituent Waste Concentrations? www.epa.gov/epaoswer/hazwaste/id/ This Proposed Rule? 1. Which Factors Did EPA Incorporate Into paint. B. What Impact May This Proposed Rule Its Quantitative Risk Assessment? We will keep the official record for Have? 2. How Did EPA Use Damage Case C. Why Does This Proposed Rule Read Information? this action in paper form. Accordingly, Differently from Other Listing Rules? 3. Overview of The Risk Assessment we will transfer all comments received D. What Are The Statutory Authorities for 4. How EPA Chose Potential Constituents electronically into paper form and place This Proposed Rule? of Concern them in the official record, which will II. Background a. Phase 1: How Did EPA Develop a also include all comments submitted A. How Does EPA Define a Hazardous Preliminary List of Constituents? directly in writing. The official record is Waste? b. Phase 2: How Did EPA Select Potential the paper record maintained at the B. How Does EPA Regulate RCRA Constituents of Concern for The Risk address under ADDRESSES at the Hazardous Wastes? Assessment? beginning of this document. C. How Does EPA Regulate Solid Wastes c. Phase 3: How Did EPA Choose EPA responses to comments, whether That Are Not RCRA Hazardous Wastes? Additional Constituents for The Risk D. Overview of The Hazardous Waste Assessment? the comments are written or electronic, Listing Determination Process for Paint 5. What Was EPA’s Approach to will be in a notice in the Federal Production Wastes Conducting Human Health Risk Register or in a response to comments 1.