The Environmental Protection Agency announced on Feb. 22, 2012, the reinstatement of several hazardous wastes that we inadvertently removed from the regulations in 2000. At this time the ruling is not open to public discourse and is effective on April 23, 2012 without further notice, unless the EPA receives “adverse comment” by March 23, 2012.

What does this amendment do?
This direct final rule reinstates the maximum observed constituent concentrations for listed hazardous wastes K169, K170, K171, and K172 to the table found in 40 CFR 302.6(b)(1)(iii). A Nov. 8, 2000 final rule 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) 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)

 

Waste	Constituent	Max ppm
K169	Benzene	220.00
K170	Benzene	1.20
……….	Benzo (a) pyrene	230.00
……….	Dibenz (a,h) anthracene	49.00
……….	Benzo (a) anthracene	390.00
……….	Benzo (b) fluoranthene	110.00
……….	Benzo (k) fluoranthese	110.00
……….	3-Methylcholanthrene	27.00
……….	7, 12-Dimethylbenz (a) anthracene	1200.00
K171	Benzene	500.00
……….	Arsenic	1600.00
K172	Benzene	100.00
……….	Arsenic	730.00

Who does this affect?
Responsible parties are 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). Additionally, some federal, State, and Local agencies and governments will be affected.

How were the wastes inadvertently removed in 2000?
The unintentional removal of the wastes from the original regulations was the result of a formatting error. On Nov. 8, 2000, the EPA issued a final rule (65 FR 67132) in the Federal Register that amended 40 CFR 302.6(b)(1)(iii) by adding entries K174 and K175 to an existing table of maximum observed constituent concentrations for listed hazardous wastes K169, K170, K171, and K172. The Federal Register final rule did not contain the proper signal, five asterisks (*****), to the Office of the Federal Register that would cause the addition of entries K174 and K175 to the existing table and instead replaced the existing table with a table that only included entries for K174 and K175.

For information regarding this final ruling and how to send comments to the EPA, click here