Designation of Hazardous Substances; Designation, Reportable Quantities, and Notification, 10450-10451 [2012-4059]
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10450
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules
Subpart I—[Amended]
ENVIRONMENTAL PROTECTION
AGENCY
2. Section 98.94 is amended by
revising paragraphs (a)(2)(iii), (a)(3)(iii),
and (a)(4)(iii) to read as follows:
40 CFR Part 302
§ 98.94 Monitoring and QA/QC
requirements.
(a) * * *
(2) * * *
(iii) Approval criteria. To obtain
approval, the owner or operator must
demonstrate to the Administrator’s
satisfaction that by July 1, 2011, it is not
reasonably feasible to acquire, install, or
operate the required piece of monitoring
equipment, or procure necessary
measurement services to comply with
the requirements of this subpart.
(3) * * *
(iii) Approval criteria. To obtain
approval, the owner or operator must
demonstrate to the Administrator’s
satisfaction that by December 31, 2011
it is not reasonably feasible to acquire,
install, or operate the required piece of
monitoring equipment or procure
necessary measurement services to
comply with the requirements of this
subpart.
(4) * * *
(iii) Approval criteria. To obtain
approval, the owner or operator must
demonstrate to the Administrator’s
satisfaction that by December 31, 2011
(or in the case of facilities that are
required to calculate and report
emissions in accordance with
§ 98.93(a)(2)(ii)(A), December 31, 2012),
it is not reasonably feasible to acquire,
install, or operate the required piece of
monitoring equipment according to the
requirements of this subpart.
*
*
*
*
*
[FR Doc. 2012–3778 Filed 2–21–12; 8:45 am]
BILLING CODE 6560–50–P
[EPA–HQ–SFUND–2011–0965; FRL–9636–1]
Designation of Hazardous Substances;
Designation, Reportable Quantities,
and Notification
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to reinstate
the maximum observed constituent
concentrations for several listed
hazardous wastes that were
inadvertently removed from the
regulations by a November 8, 2000 final
rule. Also, in the ‘‘Rules and
Regulations’’ section of this Federal
Register, EPA is reinstating the same
maximum observed constituent
concentrations via a direct final rule
without a prior proposed rule. If we
receive no adverse comment, the direct
final rule will become effective, and we
will not take further action on this
proposed rule.
DATES: Written comments must be
received by March 23, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2011–0965, by mail to the
Environmental Protection Agency, EPA
Docket Center (EPA/DC), Superfund
Docket Mailcode: 28221T, 1200
Pennsylvania Ave. NW., Washington,
DC 20460. Comments may also be
submitted electronically or through
hand delivery/courier by following the
detailed instructions in the ADDRESSES
section of the direct final rule located in
the ‘‘Rules and Regulations’’ section of
this Federal Register.
FOR FURTHER INFORMATION CONTACT: For
general information, contact the
Superfund, TRI, EPCRA, RMP and Oil
Information Center at (800) 424–9346 or
SUMMARY:
TDD (800) 553–7672 (hearing impaired).
In the Washington, DC metropolitan
area, call (703) 412–9810 or TDD (703)
412–3323. For more detailed
information on specific aspects of this
proposed rule, contact Lynn Beasley at
(202) 564–1965 (beasley.lynn@epa.gov),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460–0002, Mail Code 5104A.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed
rule?
This document proposes to reinstate
the maximum observed constituent
concentrations for several listed
hazardous wastes that were
inadvertently removed from the
regulations by a November 8, 2000 final
rule. The listed hazardous wastes and
the respective reportable quantities are
included in the regulations for
Hazardous Substances and Reportable
Quantities. We have published a direct
final rule to reinstate the maximum
observed constituent concentrations in
the ‘‘Rules and Regulations’’ section of
this Federal Register because we view
this as a noncontroversial action and
anticipate no adverse comment. We
have explained our reasons for this
action in the preamble to the direct final
rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment, however, we will withdraw
the direct final rule and it will not take
effect. We would address all public
comments in any subsequent final rule
based on this proposed rule. We do not
intend to institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information,
please see the information provided in
the ADDRESSES section of this document.
II. Does this action apply to me?
Type of entity
Examples of affected entities
Federal Agencies ............................
National Response Center and any Federal agency that may release or respond to releases of hazardous
substances.
State Emergency Response Commissions, and Local Emergency Planning Committees.
Those entities responsible for the release of a hazardous substance from a vessel or facility. Those entities with an interest in the substances that were inadvertently removed from the table of maximum observed constituent concentrations for listed hazardous wastes K169, K170, K171, and K172 in 40 CFR
302.6(b)(1)(iii).
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
State and Local Governments ........
Responsible Parties ........................
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
aware could potentially be regulated by
this action. Other types of entities not
VerDate Mar<15>2010
15:14 Feb 21, 2012
Jkt 226001
listed in the table could also be
regulated. If you have questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
III. What does this amendment do?
This proposed rule would reinstate
the maximum observed constituent
concentrations for listed hazardous
wastes K169, K170, K171, and K172 to
the table found in 40 CFR
E:\FR\FM\22FEP1.SGM
22FEP1
10451
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Proposed Rules
302.6(b)(1)(iii). A November 8, 2000
final rule (Hazardous Waste
Management System; Identification and
Listing of Hazardous Waste; Chlorinated
Aliphatics Production Wastes; Land
Disposal Restriction for Newly
Identified Wastes; CERCLA Hazardous
Substance Designation and Reportable
Quantities; Final Rule) inadvertently
removed the maximum observed
constituent concentrations for those
listed hazardous wastes from the table
in that section when it was amended to
include the maximum observed
constituent concentrations for listed
hazardous wastes K174 and K175. (See
65 FR 67132.) The maximum observed
constituent concentrations were
included in the 40 CFR 302.6
regulations to allow generators,
transporters, and disposal facilities
handling these wastes to calculate
reportable quantities (RQs) using the
mixture rule 1 developed in connection
with the Clean Water Act section 311
regulations. The listed hazardous wastes
K169, K170, K171, and K172 and their
respective RQs are included in Table
302.4—List of Hazardous Substances
and Reportable Quantities and
Appendix A to section 302.4—
Sequential CAS Registry Number List of
CERCLA Hazardous Substances of Title
40 of the Code of Federal Regulations.
However, the aforementioned Table
302.4 and Appendix A do not contain
the maximum observed constituent
concentrations. Section 302.6 is the only
source of these maximum observed
constituent concentrations contained in
40 CFR 302—Designation, Reportable
Quantities, and Notification.
Dated: February 14, 2012.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
IV. Statutory and Executive Order
reviews
For a complete discussion of all of the
administrative requirements applicable
to this action, see the direct final rule in
the Rules and Regulations section of this
Federal Register.
1. The authority citation for part 302
continues to read as follows:
List of Subjects in 40 CFR Part 302
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Natural
resources, Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
For the reasons set out, title 40,
chapter I of the Code of Federal
Regulations is proposed to be amended
as follows:
PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION
Authority: 42 U.S.C. 9602, 9603, and 9604;
33 U.S.C. 1321 and 1361.
2. In § 302.6, paragraph (b)(1)(iii), the
table is amended by adding entries
K169, K170, K171, and K172 in
numerical order to read as follows:
§ 302.6
*
Notification requirements.
*
*
(b) * * *
(1) * * *
(iii) * * *
*
*
Waste
Constituent
K169 .................
K170 .................
Benzene ..............................................................................................................................................................
Benzene ..............................................................................................................................................................
Benzo (a) pyrene ................................................................................................................................................
Dibenz (a,h) anthracene .....................................................................................................................................
Benzo (a) anthracene .........................................................................................................................................
Benzo (b) fluoranthene .......................................................................................................................................
Benzo (k) fluoranthese .......................................................................................................................................
3-Methylcholanthrene .........................................................................................................................................
7, 12-Dimethylbenz (a) anthracene ....................................................................................................................
Benzene ..............................................................................................................................................................
Arsenic ................................................................................................................................................................
Benzene ..............................................................................................................................................................
Arsenic ................................................................................................................................................................
K171 .................
K172 .................
*
*
*
*
*
*
*
*
Max ppm
*
*
ENVIRONMENTAL PROTECTION
AGENCY
[FR Doc. 2012–4059 Filed 2–21–12; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Chapter I
[EPA–HQ–OPPT–2012–0135; FRL–9339–5]
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Fishing Tackle Containing Lead;
Disposition of Petition Filed Pursuant
to TSCA Section 21
Environmental Protection
Agency (EPA).
AGENCY:
Petition, reasons for Agency
response.
ACTION:
1 44 FR 50767, Aug. 29, 1979, Final Rulemaking;
Water Programs; Determination of Reportable
Quantities for Hazardous Substances; and 50 FR
13463, Apr. 4, 1985, Final rule; Notification
VerDate Mar<15>2010
15:14 Feb 21, 2012
Jkt 226001
Requirements; Reportable Quantity Adjustments.
Discharges of mixtures and solutions are subject to
these regulations only where a component
hazardous substance of the mixture or solution is
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
*
220.0
1.2
230.0
49.0
390.0
110.0
110.0
27.0
1,200.0
500.0
1,600.0
100.0
730.0
*
On November 17, 2011, EPA
received a petition from the Center for
Biological Diversity, the Loon Lake
Loon Association, and Project Gutpile
(petitioners). The petitioners cited
section 21 of the Toxic Substances
Control Act (TSCA) and requested EPA
to initiate a rulemaking under section
6(a) of TSCA applicable to fishing tackle
containing lead (e.g., fishing weights,
sinkers, lures, jigs, and/or other fishing
tackle), of various sizes and uses that are
ingested by wildlife, resulting in lead
exposure. After careful consideration,
EPA denied the petition by letter dated
SUMMARY:
discharged in a quantity equal to or greater than its
reportable quantity.
E:\FR\FM\22FEP1.SGM
22FEP1
]]>Agencies
[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Proposed Rules]
[Pages 10450-10451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4059]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 302
[EPA-HQ-SFUND-2011-0965; FRL-9636-1]
Designation of Hazardous Substances; Designation, Reportable
Quantities, and Notification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to reinstate the maximum observed constituent
concentrations for several listed hazardous wastes that were
inadvertently removed from the regulations by a November 8, 2000 final
rule. Also, in the ``Rules and Regulations'' section of this Federal
Register, EPA is reinstating the same maximum observed constituent
concentrations via a direct final rule without a prior proposed rule.
If we receive no adverse comment, the direct final rule will become
effective, and we will not take further action on this proposed rule.
DATES: Written comments must be received by March 23, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2011-0965, by mail to the Environmental Protection Agency, EPA
Docket Center (EPA/DC), Superfund Docket Mailcode: 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the ``Rules and Regulations'' section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP and Oil Information Center at (800) 424-9346
or TDD (800) 553-7672 (hearing impaired). In the Washington, DC
metropolitan area, call (703) 412-9810 or TDD (703) 412-3323. For more
detailed information on specific aspects of this proposed rule, contact
Lynn Beasley at (202) 564-1965 (beasley.lynn@epa.gov), Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460-
0002, Mail Code 5104A.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed rule?
This document proposes to reinstate the maximum observed
constituent concentrations for several listed hazardous wastes that
were inadvertently removed from the regulations by a November 8, 2000
final rule. The listed hazardous wastes and the respective reportable
quantities are included in the regulations for Hazardous Substances and
Reportable Quantities. We have published a direct final rule to
reinstate the maximum observed constituent concentrations in the
``Rules and Regulations'' section of this Federal Register because we
view this as a noncontroversial action and anticipate no adverse
comment. We have explained our reasons for this action in the preamble
to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, however, we will
withdraw the direct final rule and it will not take effect. We would
address all public comments in any subsequent final rule based on this
proposed rule. We do not intend to institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. For further information, please see the information provided in
the ADDRESSES section of this document.
II. Does this action apply to me?
------------------------------------------------------------------------
Type of entity Examples of affected entities
------------------------------------------------------------------------
Federal Agencies.................. National Response Center and any
Federal agency that may release or
respond to releases of hazardous
substances.
State and Local Governments....... State Emergency Response
Commissions, and Local Emergency
Planning Committees.
Responsible Parties............... Those entities responsible for the
release of a hazardous substance
from a vessel or facility. Those
entities with an interest in the
substances that were inadvertently
removed from the table of maximum
observed constituent concentrations
for listed hazardous wastes K169,
K170, K171, and K172 in 40 CFR
302.6(b)(1)(iii).
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
III. What does this amendment do?
This proposed rule would reinstate the maximum observed constituent
concentrations for listed hazardous wastes K169, K170, K171, and K172
to the table found in 40 CFR
[[Page 10451]]
302.6(b)(1)(iii). A November 8, 2000 final rule (Hazardous Waste
Management System; Identification and Listing of Hazardous Waste;
Chlorinated Aliphatics Production Wastes; Land Disposal Restriction for
Newly Identified Wastes; CERCLA Hazardous Substance Designation and
Reportable Quantities; Final Rule) inadvertently removed the maximum
observed constituent concentrations for those listed hazardous wastes
from the table in that section when it was amended to include the
maximum observed constituent concentrations for listed hazardous wastes
K174 and K175. (See 65 FR 67132.) The maximum observed constituent
concentrations were included in the 40 CFR 302.6 regulations to allow
generators, transporters, and disposal facilities handling these wastes
to calculate reportable quantities (RQs) using the mixture rule \1\
developed in connection with the Clean Water Act section 311
regulations. The listed hazardous wastes K169, K170, K171, and K172 and
their respective RQs are included in Table 302.4--List of Hazardous
Substances and Reportable Quantities and Appendix A to section 302.4--
Sequential CAS Registry Number List of CERCLA Hazardous Substances of
Title 40 of the Code of Federal Regulations. However, the
aforementioned Table 302.4 and Appendix A do not contain the maximum
observed constituent concentrations. Section 302.6 is the only source
of these maximum observed constituent concentrations contained in 40
CFR 302--Designation, Reportable Quantities, and Notification.
---------------------------------------------------------------------------
\1\ 44 FR 50767, Aug. 29, 1979, Final Rulemaking; Water
Programs; Determination of Reportable Quantities for Hazardous
Substances; and 50 FR 13463, Apr. 4, 1985, Final rule; Notification
Requirements; Reportable Quantity Adjustments. Discharges of
mixtures and solutions are subject to these regulations only where a
component hazardous substance of the mixture or solution is
discharged in a quantity equal to or greater than its reportable
quantity.
---------------------------------------------------------------------------
IV. Statutory and Executive Order reviews
For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.
List of Subjects in 40 CFR Part 302
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Reporting and recordkeeping requirements, Superfund,
Water pollution control, Water supply.
Dated: February 14, 2012.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
For the reasons set out, title 40, chapter I of the Code of Federal
Regulations is proposed to be amended as follows:
PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION
1. 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.
2. In Sec. 302.6, paragraph (b)(1)(iii), the table is amended by
adding entries K169, K170, K171, and K172 in numerical order to read as
follows:
Sec. 302.6 Notification requirements.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
------------------------------------------------------------------------
Waste Constituent Max ppm
------------------------------------------------------------------------
K169....................... Benzene................... 220.0
K170....................... Benzene................... 1.2
Benzo (a) pyrene.......... 230.0
Dibenz (a,h) anthracene... 49.0
Benzo (a) anthracene...... 390.0
Benzo (b) fluoranthene.... 110.0
Benzo (k) fluoranthese.... 110.0
3-Methylcholanthrene...... 27.0
7, 12-Dimethylbenz (a) 1,200.0
anthracene.
K171....................... Benzene................... 500.0
Arsenic................... 1,600.0
K172....................... Benzene................... 100.0
Arsenic................... 730.0
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-4059 Filed 2-21-12; 8:45 am]
BILLING CODE 6560-50-P
