[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Rules and Regulations]
[Pages 14472-14475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6393]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 148, 261, 268, 271, and 302
[FRL-6560-4]
RIN 2050-AD59
Organobromine Production Wastes; Identification and Listing of
Hazardous Waste; Land Disposal Restrictions; Listing of CERCLA
Hazardous Substances, Reportable Quantities; Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) today is announcing
the vacature of regulatory provisions governing the identification of
certain wastes as listed hazardous wastes. EPA is amending its
regulations to conform with an order issued by the United States Court
of Appeals for the District of Columbia Circuit (D.C. Cir.) in Great
Lakes Chemical Corporation v. EPA (No. 98-1312), that vacated Agency
regulations listing certain organobromine wastes as hazardous wastes
under the Resource Conservation and Recovery Act (RCRA).
EPA also is modifying the land disposal restrictions treatment
standards in 40 CFR part 268 by deleting these wastes and the
associated treatment standards. In addition, EPA is vacating the
Reportable Quantity (RQ) requirements for these notifications. Under
the court's order, and as amended in today's rule, the vacated federal
hazardous waste listings and regulatory requirements based on those
listings are to be treated as though they were never in effect. State
regulations, which may be more stringent than federal rules, were not
necessarily affected by the court's ruling.
EFFECTIVE DATE: This rule will be effective on March 17, 2000.
ADDRESSES: EPA does not seek comment on this document. EPA will keep
the official record for this action in paper form. The official record
of this action is identified by Docket Number F-98-OBLF-FFFFF. The
public may view supporting materials in the RCRA Information Center
(RIC), located at EPA, Crystal Gateway #1, 1st Floor, 1235 Jefferson
Davis Highway, Arlington, VA. The RIC is open from 9:00 a.m. to 4:00
p.m., Monday through Friday, excluding Federal holidays. To review
docket materials, we recommend that you make an appointment by calling
(703) 603-9230. You may copy a maximum of 100 pages from any regulatory
docket at no charge. Additional copies cost $0.15/page.
Supporting materials are available for viewing in the RCRA
Information Center (RIC), Office of Solid Waste (5305G), U.S.
Environmental Protection Agency Headquarters, US EPA Ariel Rios (5101),
1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing
impaired). In the Washington, D.C., metropolitan area, call (703) 412-
9810 or TDD (703) 412-3323. For information on specific aspects of the
rule, contact William (Rick) Brandes of the Office of Solid Waste
(5304W), U.S. Environmental Protection Agency, US EPA Ariel Rios, 1200
Pennsylvania Avenue, N.W., Washington, D.C. 20460. [E-mail address and
telephone numbers: [email protected], (703) 308-8871.]
SUPPLEMENTARY INFORMATION: . The court order vacating the listing
determination will be added to Docket Number F-98-OBLF-FFFFF, the
public docket for the rule that listed the organobromine wastes as
hazardous. The rule, ``Organobromine Production Wastes; Identification
and Listing of Hazardous Waste; Land Disposal Restrictions; Listing of
CERCLA Hazardous Substances, Reportable Quantities,'' was issued in the
Federal Register at 63 FR 24596 (May 4, 1998). EPA will keep the
official record for this action in paper form. The official record is
the paper record maintained at the address in the ADDRESSES section.
Contents of This Final Rule
I. Background
II. Amended Regulations
III. State Authority
[[Page 14473]]
IV. Good Cause Exemption from Notice-and-Comment Rulemaking
Procedures
V. Administrative Assessments
I. Background
On May 4, 1998, EPA published in the Federal Register (63 FR 24596)
a final rule listing as hazardous wastes under RCRA two wastes
generated by the organobromine production industry. The rule added
2,4,6-tribromophenol to the list of commercial chemical products that
are hazardous wastes only when they are discarded. This list is found
at 40 CFR 261.33 and is divided into acutely hazardous wastes (``P-
wastes'') and other toxic wastes (U-wastes''). 2,4,6-tribromophenol was
designated waste code U408. Sweepings, off-specification product, and
spent filter media from the production of 2,4,6-tribromophenol were
added to the list of hazardous wastes from specific sources and
designated as waste code K140. As part of the listing determination,
and in accordance with Agency regulations, EPA also listed in Appendix
VII of 40 CFR part 261 the hazardous constituents in the wastes upon
which the listings were based.
The May 4, 1998 final rule also designated the two organobromine
wastes as hazardous substances under the Comprehensive, Environmental
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601, and
added them to the hazardous substance list at 40 CFR 302.4 with
adjusted reportable quantities (RQs) of 100 pounds. EPA also
promulgated land disposal restriction (LDR) regulations for the
organobromine wastes. EPA amended its requirements for approval of
state hazardous waste programs by adding the organobromine listings and
LDR regulations to Tables 1 and 2 of 40 CFR 271.1. These tables list
the regulations that establish the requirements and prohibitions
applicable to state hazardous waste programs.
On April 9, 1999, the D.C. Circuit in Great Lakes Chemical
Corporation v. EPA, ordered that the organobromine listing
determinations be vacated. Accordingly, EPA is removing from the Code
of Federal Regulations (CFR) the listings vacated by the court and all
references to those listings. Today's document notifies the public that
EPA is deleting from the lists of hazardous waste found in 40 CFR part
261, subpart D two wastes previously designated as hazardous waste
codes K140 and U408. The first waste, previously designated as K140, is
sweepings, off-speculation product and spent filter media from the
production of 2,4,6-tribromophenol. The second waste, previously
designated as U408, is 2,4,6-tribromophenol (commercial chemical
product). EPA also is deleting 2,4,6-tribromophenol from the list of
hazardous constituents in Appendix VIII of 40 CFR part 261. In
addition, EPA is modifying the land disposal restrictions treatment
standards in 40 CFR part 268 by deleting these wastes and the
associated treatment standards. EPA also is vacating the Reportable
Quantity (RQ) requirements for these notifications.
The effect of vacating the hazardous waste listing determination
for these wastes is to clarify that these two wastestreams are not
subject to the hazardous waste management and treatment standards under
RCRA, as well as not subject to emergency notification requirements for
releases of hazardous substances to the environment.
II. Amended Regulations
In 40 CFR 261.32, the following K-waste listing is deleted: K140--
Floor sweepings, off-specification product and spent filter media from
the production of 2,4,6-tribromophenol.
In the table in 40 CFR 261.33(f) the following U-waste listing is
deleted:
------------------------------------------------------------------------
Chemical abstracts
Hazardous waste number number Substance
------------------------------------------------------------------------
U408.................. 118-79-6.............. 2,4,6-Tribromophenol.
------------------------------------------------------------------------
EPA also is deleting 2,4,6-tribromophenol from the hazardous
constituent list in Appendix VII of 40 CFR Part 261. The Agency is
deleting any mention of the vacated hazardous waste codes in Appendix
VIII.
While the regulations for waste management at 40 CFR parts 262
through 266 are not affected by the court's action with regard to the
vacature of the hazardous waste listing determinations for K140 and
U408, it is clear that the regulations are not applicable to the
vacated hazardous waste listings (unless those wastes exhibit a
hazardous waste characteristic described in 40 CFR part 261, subpart
C). However, to the extent that the wastes described in the vacated
listings were included in federal permits before the ruling,
appropriate action may need to be taken by permittees and permitting
authorities to amend the permits. Any need to revise state permits will
depend on state law. Since state law may be more stringent than federal
law, there may be circumstances in which a facility managing
organobromine wastes may be required to retain the state permits.
The land disposal restriction (LDR) regulations for hazardous
wastes are amended to remove K140 and U408. Specifically, the Agency is
amending 40 CFR 268.33 to remove LDR requirements for K140 and U408 and
amending the table in 40 CFR 268.40 to remove the entries for K140 and
U408. In addition, 2,4,6-tribromophenol is removed from the Universal
Treatment Standards table in 40 CFR 268.48.
Today's final rule also removes the vacated K140 and U408 wastes
from CERCLA designation as hazardous substances. Accordingly, these
wastes are removed from the list of CERCLA hazardous substances at 40
CFR 302.4.
III. State Authority
The tables in 40 CFR 271.1 are amended to reflect the issuance of
this document so that states will understand they are not required by
the federal Resource Conservation and Recovery Act to adopt the
hazardous waste listings for K140 and U408. Since today's rule does not
establish any new regulations, no additional requirements or
obligations are imposed on the states by its promulgation. RCRA section
3009 provides that states may not issue regulations less stringent than
those authorized under subtitle C or RCRA. However, section 3009 of
RCRA also provides that states may impose more stringent requirements
than those regulations promulgated by EPA under subtitle C. Thus,
regulations vacated by the court in Great Lakes Chemical Corporation v.
EPA may be permissible under state law.
IV. Good Cause Exemption from Notice-and-Comment Rulemaking
Procedures
The Administrative Procedure Act generally requires agencies to
provide prior notice and opportunity for public comment before issuing
a final rule (5 U.S.C. 553(b)). Rules are exempt from this requirement
if the issuing agency finds for good cause that notice and comment are
unnecessary (5 U.S.C. 553(b)(3)(B)).
EPA has determined that providing prior notice and opportunity for
comment on the regulations amending the RCRA hazardous waste management
requirements to comply with the court decision vacating the hazardous
waste listing determinations for waste codes K140 and U408, is not
necessary. The regulations are no longer legally in effect by order of
the federal court of appeals. Thus, amending the hazardous waste
regulations has no legal impact and only states the current legal
status of the rules.
[[Page 14474]]
For the same reasons stated above, EPA believes there is good cause
for making the amending regulations immediately effective. (See 5
U.S.C. 553(d))
V. Administrative Assessments
Under Executive Order 12866 (58 FR 51735, October 4, 1993), today's
action has no regulatory impact because it merely reflects the current
legal status of the regulations. This ``regulatory action'' does not
impose annual costs of $100 million or more and is not a subject to
review by the Office of Management and Budget. Because this action only
amends the CFR to comply with the current legal status of the rules, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202,
204 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public
Law 104-4). This action will not significantly or uniquely affect small
governments, as specified in section 203 of UMRA, or communities of
tribal governments, as specified in Executive Order 13084 (63 FR 27655,
May 10, 1998). For the same reason, this rule will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also
is not subject to Executive Order 13045, ``Protection of Children from
Environmental Health risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant and because the
Agency does not have reason to believe the environmental health or
safety risks addressed by this action present a disproportionate risk
to children.
This rule does not involve technical standards; thus, the
requirements of section 12(c) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Today's final rule will have no effect upon minority and/or low-
income populations. The amending regulations promulgated today reflect
current law and are meant only to amend the Code of Federal Regulations
to comply with the current legal status of the rules. Therefore,
today's rule is not subject to Executive Order 12898, ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations.''
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefor, and established an effective date of March 17, 2000.
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 148
Administrative practice and procedure, Hazardous waste, Reporting
and recordkeeping requirements, Water supply.
40 CFR Part 261
Environmental protection, Hazardous materials, Waste treatment and
disposal, Recycling.
40 CFR Part 268
Environmental protection, Hazardous materials, Waste management,
Reporting and recordkeeping requirements, Land disposal restrictions,
Treatment standards.
40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous material transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
40 CFR Part 302
Environmental protection, Air pollution control, Chemicals,
Emergency Planning and Community Right-to-Know Act, Extremely hazardous
substances, Hazardous chemicals, Hazardous materials, Hazardous
materials transportation, Hazardous substances, Hazardous waste,
Intergovernmental relations, Natural resources, Reporting and
recordkeeping requirements, Superfund, Waste treatment and disposal,
Water pollution control, Water supply.
Dated: March 8, 2000.
Timothy R. Fields, Jr.,
Assistant Administrator, Office of Solid Waste and Emergency Response.
For the reasons set forth in the preamble, title 40, chapter 1 of
the Code of Federal Regulations is proposed to be amended as follows:
PART 148--HAZARDOUS WASTE INJECTION RESTRICTIONS
1. The authority citation for part 148 continues to read as
follows:
Authority: Sec. 3004, Resource Conservation and Recovery Act, 42
U.S.C. 6901 et seq.
Sec. 148.18 [Amended]
2. Section 148.18 is amended by removing and reserving paragraph
(f).
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
3. The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
Sec. 261.32 [Amended]
4. Section 261.32 is amended in the table under ``Organic
Chemicals'' by removing the entry for K140.
Sec. 261.33 [Amended]
5. Section 261.33(f) is amended in the table by removing in its
entirety the entry for U408 (2,4,6-Tribromophenol).
Appendix VII to Part 261 [Amended]
6. Appendix VII to Part 261 is amended by removing the entire entry
for EPA hazardous waste number K140.
[[Page 14475]]
Appendix VIII to Part 261 [Amended]
7. Appendix VIII to Part 261 is amended by removing the entire
entry for 2,4,6-Tribromophenol.
PART 268--LAND DISPOSAL RESTRICTIONS
8. The authority citation for part 268 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
Subpart C--Prohibitions on Land Disposal
Sec. 268.33 [Amended]
9. Section 268.33 is removed and reserved.
Subpart D--Treatment Standards
Sec. 268.40 [Amended]
10. In Sec. 268.40, the table is amended by removing the entire
entries for K140 and U408.
Sec. 268.48 [Amended]
11. In Sec. 268.48, the table is amended by removing the entire
entry for 2,4,6-Tribromophenol.
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS
12. The authority citation for part 271 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), and 6926.
13. Section 271.1(j) is amended by adding the following entry to
Table 1 in chronological order by date of publication in the Federal
Register, and by adding the following entries to Table 2 in
chronological order by date of publication in the Federal Register to
read as follows:
Sec. 271.1 Purpose and scope.
* * * * *
(j) * * *
Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Federal Register
Promulgation date Title of regulation reference Effective date
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
March 17, 2000....................... Vacated Organobromine [insert FEDERAL November 4, 1998.
wastes. REGISTER page
numbers.].
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Table 2.--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Self-implementing Federal Register
Effective date provision RCRA citation reference
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
November 4, 1998..................... Prohibition on land 3004(g)(4)(c) and 3/17/00.
disposal of 3004(m). [insert FR page
organobromine waste numbers.].
(Vacated wastes).
* * * * * *
*
November 4, 1998..................... Prohibition on land 3004(m) and 3/17/00.
disposal of 3004(g)(4)(c). [insert FR page
radioactive waste numbers.].
mixed with the newly
listed and identified
wastes, including soil
and debris (Vacated
organobromine wastes).
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION
14. The authority citation for part 302 continues to read as
follows:
Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and
1361.
Sec. 302.4 [Amended]
15. Section 302.4 is amended by removing the entries in Table
302.4, in their entirety, for ``2,4,6-Tribromophenol,'' and for ``K140
Floor sweepings, off-specification product and spent filter media from
the production of 2,4,6-tribromophenol.''
Appendix A to Sec. 302.4 [Amended]
16. Appendix A to Sec. 302.4--Sequential CAS Registry Number List
of CERCLA Hazardous Substances is amended by removing the entire entry
for CAS Registry Number 118796.
[FR Doc. 00-6393 Filed 3-16-00; 8:45 am]
BILLING CODE 6560-50-P