Wednesday, November 8, 2000 Part III Environmental Protection Agency 40 CFR Part 148, et al. Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Chlorinated Aliphatics Production Wastes; Land Disposal Restrictions for Newly Identified Wastes; CERCLA Hazardous Substance Designation and Reportable Quantities; Final Rule VerDate 11<MAY>2000 17:54 Nov 07, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08NOR2.SGM pfrm08 PsN: 08NOR2 67068 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations ENVIRONMENTAL PROTECTION Information section for information on C. Landfill Leachate Derived From AGENCY accessing them. Previously Disposed VCM±A Wastewater Treatment Sludges FOR FURTHER INFORMATION CONTACT: For VI. What Is the Rationale for Today's Final 40 CFR Parts 148, 261, 268, 271, and general information, contact the RCRA 302 Rule, and What are EPA's Responses to Hotline at (800) 424±9346 or TDD (800) Comments? [SWH±FRL±6882±6] 553±7672 (hearing impaired). In the A. Chlorinated Aliphatic Wastewaters Washington, DC, metropolitan area, call (other than wastewaters from the RIN 2050±AD85 (703) 412±9810 or TDD (703) 412±3323. production of VC±A using mercuric For information on specific aspects of chloride catalyst in an acetylene-based Hazardous Waste Management the rule, contact Ross Elliott of the process) System; Identification and Listing of Office of Solid Waste (5304W), U.S. B. Wastewater Treatment Sludges from the Hazardous Waste; Chlorinated Environmental Protection Agency, 1200 Production of EDC/VCM Aliphatics Production Wastes; Land C. Wastewater Treatment Sludges and Pennsylvania Avenue, NW, Washington, Disposal Restrictions for Newly Wastewaters from the Production of DC 20460. [E-mail address and Identified Wastes; and CERCLA VCM±A telephone number: Hazardous Substance Designation and D. Wastewater Treatment Sludges from the [email protected], (703) 308± Production of Methyl Chloride Reportable Quantities 8748.] E. Wastewater Treatment Sludges from the AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Wherever Production of Allyl Chloride Agency (EPA). ``we'' is used throughout this document, F. What is the Status of Landfill Leachate Derived from Newly-listed K175? ACTION: Final rule. it refers to the Environmental Protection G. Population Risks Agency (EPA). H. Which Constituents are Being Added to SUMMARY: The Environmental Protection The index and some supporting Appendix VIII of 40 CFR part 261? Agency (EPA) is listing as hazardous materials for this rulemaking are I. What are the Land Disposal Restrictions two wastes generated by the chlorinated available on the Internet. Follow these Standards for the Newly-Listed Wastes? aliphatics industry. EPA is finalizing instructions to access these documents. J. Is There Treatment Capacity for the these regulations under the Resource WWW: http://www.epa.gov/epaoswer/ Newly-Listed Wastes? Conservation and Recovery Act (RCRA), hazwaste/id VII. What is the Economic Analysis of which directs EPA to determine FTP: ftp.epa/gov Today's Final Rule? whether certain wastes from the Login: anonymous A. What is the Purpose of the Economic chlorinated aliphatics industry may Password: your Internet address Analysis? Files are located in /pub/gopher/ B. How Did the Public Participate in the present a substantial hazard to human Economic Analysis? health or the environment. The effect of OSWRCRA C. What are the Expected Economic listing these two wastes is to subject EPA will keep the official record for Impacts of this Final Rule? them to stringent management and this action in paper form. The official VIII. When Must Regulated Entities Comply treatment standards under RCRA and to record is the paper record maintained at With Today's Final Rule? subject them to emergency notification the address in ADDRESSES at the A. Effective Date requirements for releases of hazardous beginning of this document. B. Section 3010 Notification substances to the environment. EPA is The contents of the preamble to this C. Generators and Transporters finalizing a contingent-management final rule are listed in the following D. Facilities Subject to Permitting outline: IX. How Will This Rule be Implemented at listing approach for one of these wastes. the State Level? Under the contingent management I. Who Potentially Will Be Affected By A. Applicability of Rule in Authorized listing determination, the waste will not Today's Final Rule? States be a listed hazardous waste, if it is sent II. What Is The Legal Authority and B. Effect on State Authorizations to a specific type of management Background of Today's Final Rule? X. What Are the Reportable Quantity A. What Are the Statutory Authorities for Requirements For Newly-Listed Wastes facility. EPA also is finalizing This Rule? determinations not to list as hazardous (K174 and K175) under the B. Schedule Suit Comprehensive Environmental four wastes generated by the chlorinated III. Summary of Today's Action Response, Compensation, and Liability aliphatics industry. IV. What Proposed Listing Determinations Act (CERCLA)? Led to Today's Final Rule? EFFECTIVE DATE: This final rule is A. What is the Relationship Between RCRA A. What was the Proposed Listing effective May 7, 2001. and CERCLA? Determination for Chlorinated Aliphatic ADDRESSES: Supporting materials are Wastewaters? B. Is EPA Adding Chlorinated Aliphatic available for viewing in the RCRA B. What Were the Proposed Listing Wastes to the table of CERCLA Information Center (RIC), located at Determinations for Wastewater hazardous substances? Crystal Gateway I, First Floor, 1235 Treatment Sludges? C. How Does EPA Determine Reportable Quantities? Jefferson Davis Highway, Arlington, VA. C. Which Constituents did EPA Propose to Add to Appendix VIII of 40 CFR part 261 D. When Do I Need to Report a Release of The Docket Identification Number is F± K174 or K175 Under CERCLA? 2000±CALF±FFFFF. The RIC is open D. What Were the Proposed Treatment Standards Under RCRA's Land Disposal E. What if I Know the Concentration of the from 9 a.m. to 4 p.m., Monday through Restrictions Standards? Constituents in My Waste? Friday, excluding federal holidays. To E. What Risk Assessment Approach was F. How Did EPA Determine the RQs for review docket materials, it is used for Proposed Rule? K174 and K175 and Their Hazardous recommended that the public make an V. What Changes Were Made to the Proposed Constituents? appointment by calling (703) 603±9230. Rule? G. How Do I Report a Release? The public may copy a maximum of 100 A. Listing Determination for Chlorinated H. Is CERCLA Reporting Required for Spills of EDC/VCM Wastewater pages from any regulatory docket at no Aliphatic Wastewaters B. Modification of Wastewater Treatment Treatment Sludge That (Prior to the charge. Additional copies cost $0.15/ Unit Exemption and Application of Spill) Does Not Meet the Listing page. The index and some supporting Subpart CC Requirements for Tanks Description for K174? materials are available electronically. Managing Chlorinated Aliphatic I. What is the Statutory Authority for This See the beginning of the Supplementary Wastewaters Program? VerDate 11<MAY>2000 17:54 Nov 07, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\08NOR2.SGM pfrm08 PsN: 08NOR2 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations 67069 XI. What Are the Administrative current (baseline) waste management As defined in the Economics Assessments? practices in this industry, EPA Background Document prepared for A. Executive Order 12866 anticipates that three of the 18 chemical today's final rule, ``targeted effects'' are B. Regulatory Flexibility Act the anticipated costs of the final rule C. Paperwork Reduction Act manufacturing facilities subject to the D. Unfunded Mandates Reform Act final rule as generators of K174 and incurred by the unique class of E. Executive Order 13132: Federalism K175 hazardous wastes, will incur costs industrial facilities that generate the F. Executive Order 13084: Consultation to modify their current waste newly listed hazardous wastes K174 and and Coordination with Indian Tribal management practices, while the K175. ``Induced effects'' are anticipated Governments remaining 15 facilities will incur only costs of direct, indirect or secondary G. Executive Order 13045: Protection of minimal regulatory costs, primarily impacts the final rule may have on Children from Environmental Risks and associated with documentation of entities linked economically to the Safety Risks current waste management practices. In targeted facilities such as offsite waste H. National Technology Transfer and management facilities, and on entities Advancement Act of 1995 addition, EPA anticipates that four I. Executive Order 12898: Environmental industrial waste management facilities which are likely affected by other Justice also will be affected by the final rule generic provisions of the final rule, such J. Congressional Review Act due to potential changes in the annual as states with RCRA authorized quantities of hazardous wastes handled programs which will implement and I. Who Potentially Will Be Affected by enforce the rule. ``Incidental effects'' are Today's Final Rule? and associated changes to business revenues that will be the result of anticipated consequential impacts on Today's final rule could directly affect modifications to current waste other types of entities, such as on other those who generate and handle