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[Federal Register: November 9, 1998 (Volume 63, Number 216)]
[Notices]
[Page 60332-60343]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no98-85]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6186-7]
Notice of Availability of Draft RCRA Waste Minimization PBT
Chemical List
AGENCY: Environmental Protection Agency.
ACTION: Notice of data availability.
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SUMMARY: Today's notice makes available for public comment a list of 53
persistent, bioaccumulative, and toxic (PBT) chemicals and chemical
categories which may be found in hazardous wastes regulated under the
Resource Conservation and Recovery Act (RCRA). This notice responds to
States, industry organizations, environmental groups, and individuals
who commented on the EPA's national RCRA waste minimization policy, and
it will be used to promote voluntary waste minimization efforts which
reduce the generation of PBT chemicals found in RCRA hazardous waste by
at least half by the year 2005.
EPA requests comment on today's RCRA Waste Minimization PBT
Chemical List (also referred to as the RCRA PBT List) and the
methodology used to develop today's List. EPA is not seeking comment on
the Waste Minimization Prioritization Tool (WMPT), which is discussed
in today's notice, because the Agency has sought extensive public
review and comment on the WMPT in a previous notice. Particular issues
for comment are identified in the discussion that follows.
EPA will publish a final RCRA PBT List in 1999. This notice and the
final RCRA PBT List are a significant component of an overall PBT
strategy being developed by Agency. The overall strategy will encompass
the PBT priorities and programs identified by other EPA offices,
particularly those that cannot be addressed by single media controls
and approaches.
DATES: Please submit written comments by January 8, 1999 to the address
below.
TO OBTAIN COPIES: Copies of the draft list and all documents cited in
this notice can be obtained by calling the RCRA/Superfund/CERCLA
Hotline at (800) 424-9346, TDD (800) 553-7672 (hearing impaired), or
(703) 412-9810 in the Washington, DC metropolitan area, from 9:00 a.m.
until 6:00 p.m. Eastern time.
The draft list and supporting documents are also available in
electronic format on the Internet, and can be obtained by accessing:
WWW: http://www.epa.gov/wastemin
FTP: ftp.epa/gov
Login: anonymous
[[Page 60333]]
Password: your Internet address
TO SUBMIT COMMENTS: Please send an original and two copies of comments,
referencing docket number F-98-MMLP-FFFFF, to: RCRA Docket Information
Center, Office of Solid Waste (5305G), U.S. Environmental Protection
Agency Headquarters (EPA, HQ), 401 M Street, SW, Washington, DC 20460.
Hand deliveries of comments should be made to the Arlington, VA,
address provided below. Comments may also be submitted electronically
by sending electronic mail through the Internet to: rcra-
docket@epamail.epa.gov. Comments in electronic format should also be
identified by the docket number F-98-MMLP-FFFFF. All electronic
comments must be submitted as an ASCII file that contains no special
characters or any form of encryption.
Commenters should not submit electronically any confidential
business information (CBI). CBI submissions must be sent under separate
cover, and must include an original and two copies. CBI must be
addressed to: RCRA CBI Document Control Officer, Office of Solid Waste
(5305W), U.S. EPA, 401 M Street SW, Washington, DC 20460.
Public comments (not including CBI) and supporting materials are
available for viewing in the RCRA Information Center (RIC), located at
Crystal Gateway I, First Floor, 1235 Jefferson Davis Highway,
Arlington, VA. The RIC is open from 9 a.m. to 4 p.m., Monday through
Friday, excluding federal holidays. To review docket materials, it is
recommended that the public make an appointment by calling (703) 603-
9230. The public may copy a maximum of 100 pages from any regulatory
docket at no charge. Additional copies cost $0.15/page.
FOR FURTHER INFORMATION CONTACT: For further information on waste
minimization, specific aspects of this notice, or public meetings
regarding this notice, contact the RCRA/Superfund/EPCRA Hotline at the
address and telephone numbers cited above, or Newman Smith at the U.S.
Environmental Protection Agency, Office of Solid Waste, Waste
Minimization Branch, 401 M Street, SW (5302W), Washington, DC 20460;
telephone: (703) 308-8757, fax: (703) 308-8433.
SUPPLEMENTARY INFORMATION:
I. Background
A. Why Is EPA Taking This Action?
EPA regulates thousands of chemicals and wastes under its multiple
[BIG SNIP]
E. What Final Adjustments Were Made to the Draft RCRA PBT List?
As a final step, EPA added and removed certain chemicals from the
list for the particular reasons described below. Adding and removing
chemicals reduced the draft RCRA PBT List from 61 to 53 chemicals.
1. U.S./Canada Binational Agreement Level 1 Chemicals
EPA added dioxins, furans, and octachlorosytrene to the RCRA PBT
List because of their high priority on the ``Level 1'' list of the
U.S./Canada Binational Agreement.<SUP>20</SUP> Four other Level 1
chemicals were already among the top tier chemicals for the RCRA PBT
List.<SUP>21</SUP> Nine chemicals on the Level 1 list,
including eight
banned pesticides and alkyl lead, are excluded because they are either
no longer produced (e.g., banned pesticides), or are found in very
limited quantities in wastes from only a few production processes
(e.g., alkyl lead).<SUP>22</SUP> In either case, these
chemicals are
not very amenable to reductions through waste minimization. The
Binational Agreement and the Level 1 list are available for review in
RCRA docket number F-98-MMLP-FFFFF.
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\20\ U.S. EPA. 1997. Great Lakes Binational Toxics Strategy.
Great Lakes National Program Office, Chicago, IL. www.epa.gov/
grtlakes/p2/bnsintro.html
\21\ These four chemicals include hexachlorobenzene, mercury and
compounds, PCBs, and benzo(a)pyrene. PCBs were subsequently removed
from the proposed RCRA PBT List (see discussion below), and
benzo(a)pyrene was included in the category polycyclic aromatic
hydrocarbons.
\22\ The eight banned pesticides include aldrin, dieldrin,
chlordane, DDT, DDD, DDE, toxaphene, and mirex.
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2. Chemicals With Low or no PBT Scores
The Agency initially added chemicals identified by other EPA
programs to the candidate list to provide a comprehensive starting
point in the RCRA PBT List development process. At this final step in
the RCRA PBT List development process, six chemicals were removed for
the following reasons. Five of the chemicals--tetrachlorethylene,
trichlorethylene, methylene chloride, 1,2-dichloroethane, and 1,1,2,2-
tetrachloroethane--were removed because their WMPT PBT scores are below
7. Although individual States may wish to pursue reductions in these
chemicals, EPA determined they are not among the most highly toxic for
a national list. The sixth, silver, was removed because it has no PBT
score.
3. PCBs
The Agency removed the PCB chemical group from the RCRA PBT List
because production of PCBs is banned in the U.S. and waste minimization
opportunities for PCBs in process waste streams are believed to be very
limited.
4. Di-n-octyl Phthalate and Butyl Benzyl Phthalate
The Agency previously removed both of these chemicals from the
EPCRA Section 313 List of Toxic Chemicals in response to delisting
petitions. Consequently, the Agency examined these chemicals more
closely to determine whether to continue to include them on the draft
RCRA PBT List. The Agency decided to remove di-n-octyl phthalate from
the draft RCRA PBT List because data developed in response to that
delisting petition indicated that the human and ecological toxicity
data were not conclusive. However, EPA has retained butyl benzyl
phthalate on the draft RCRA PBT List because the ecological toxicity
criteria considered for delisting from the EPCRA list were different
than the criteria used in the WMPT for determining high levels of
concern for ecological toxicity.
5. Hexachlorocyclohexane Isomers
The Agency removed the alpha, beta, and delta hexachlorocyclohexane
isomers and retained the gamma isomer. The gamma isomer is believed to
be the predominant PBT isomer in waste streams, and achieving waste
minimization for this isomer would result in reductions in the other
isomers as well.
IV. EPA's Draft RCRA Waste Minimization PBT Chemical List and
Issues for Public Comment
A. Which Chemicals Are Included on the Draft RCRA PBT List?
Table 5 below presents EPA's draft RCRA PBT List. The chemicals are
listed in alphabetical order. No rank ordering is intended in this
List, and, in fact, the List treats these chemicals as equal
environmental priorities. The Chemical Abstract Service Registry Number
(CASRN) is also shown, where available.
Table 5.--Draft RCRA PBT List
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CASRN
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Dioxins and Furans:
[[Page 60342]]
Dioxins (PCDD)...................................... ..............
Furans (PCDF)....................................... ..............
Chlorinated Solvents:
Chloroform.......................................... 67-66-3
1,1-Dichloroethane.................................. 75-34-3
1,1,1-Trichloroethane............................... 71-55-6
Chlorobenzenes:
1,2-Dichlorobenzene................................. 95-50-1
1,3-Dichlorobenzene................................. 541-73-1
1,4-Dichlorobenzene................................. 106-46-7
1,2,4-Trichlorobenzene.............................. 120-82-1
1,2,4,5-Tetrachlorobenzene.......................... 95-94-3
Pentachlorobenzene.................................. 608-93-5
Hexachlorobenzene................................... 118-74-1
Other Halogenated Organics:
4-Bromophenyl phenyl ether.......................... 101-55-3
Hexachlorobutadiene................................. 87-68-3
Octachlorostyrene................................... 29082-74-4
Pesticides
alpha-Endosulfan.................................... 959-98-8
beta-Endosulfan..................................... 33213-65-9
Heptachlor.......................................... 76-44-8
Heptachlor epoxide.................................. 1024-57-3
gamma-Hexachlorocyclohexane......................... 58-89-9
Methoxychlor........................................ 72-43-5
Pentachloronitrobenzene............................. 82-68-8
Pentachlorophenol................................... 87-86-5
2,4,5-Trichlorophenol............................... 95-95-4
Organonitrogens:
Nitrobenzene........................................ 98-95-3
Nonhalogenated Phenolics:
Phenol.............................................. 108-95-2
2,4,6-tris-(1,1-Dimethylethyl)phenol................ 732-26-3
Phthalate esters:
Bis-(2-ethylhexyl) phthalate........................ 117-81-7
Butylbenzyl phthalate............................... 85-68-7
Dibutyl phthalate................................... 84-74-2
Polycyclic aromatic hydrocarbons**:
Acenaphthene........................................ 83-32-9
Acenapthylene....................................... 208-96-8
Anthracene.......................................... 120-12-7
Benzo(g,h,l)perylene................................ 191-24-2
Fluoranthene........................................ 206-44-0
Fluorene............................................ 86-73-7
2-Methylnaphthalene................................. 91-57-6
Naphthalene......................................... 91-20-3
PAH group (as defined in TRI).......................
Phenanthrene........................................ 85-01-8
Pyrene.............................................. 129-00-0
Metals
Antimony............................................ 7440-36-0
Arsenic............................................. 7440-38-2
Beryllium........................................... 7440-41-7
Cadmium............................................. 7440-43-9
Chromium............................................ 7440-47-3
Copper.............................................. 7440-50-8
Lead................................................ 7439-92-1
Mercury............................................. 7439-97-6
Nickel.............................................. 7440-02-0
Selenium............................................ 7782-49-2
Zinc................................................ 7440-66-6
Cyanide............................................ 57-12-5
------------------------------------------------------------------------
** The Toxics Release Inventory reports some polycyclic aromatic
hydrocarbons (PAHs) as a group, and reports other PAHs individually.
The 10 individual PAHs listed in this table are not included in the
TRI PAH group. See the Screening Report for a list of PAHs included in
the TRI PAH group.
[[Page 60343]]
B. What Issues is EPA Requesting Public Comment On?
The Agency welcomes public comment on any aspect of the methodology
used to develop the draft RCRA PBT List, including the data sources,
ranking criteria and scoring schemes, the cutoff criteria, and the
final adjustments to the List. The Agency also requests comment on the
specific issues listed below. The Agency is not requesting comment on
the data or methodology used to develop the WMPT, or the scoring
results of the WMPT. The WMPT went through a thorough, comprehensive
and constructive public review and comment process. EPA has
incorporated its response to those comments in the underpinnings of
today's notice and therefore does not believe comments regarding the
WMPT are generally pertinent to this effort.
Specific issues for comment include:
1. Banned Chemicals
Is it appropriate to eliminate chemicals from consideration for the
draft RCRA PBT List because they are no longer used in production or
generated in hazardous waste, or are generated in very limited
quantities from very few production processes, and therefore are not
good candidates for future reductions through waste minimization? Is it
appropriate to eliminate banned pesticides, PCBs, and alkyl lead for
this reason, as the Agency has done in developing the List?
2. Waste Minimization Feasibility
Should the agency eliminate from consideration PBT chemicals
contained in hazardous waste for which there are few feasible waste
minimization options available, or should the agency consider these as
an incentive to encourage research and development of waste
minimization methods for these chemicals?
3. ``Non-measurable'' Chemicals
The draft RCRA PBT List includes 16 chemicals that were reported in
the National Hazardous Waste Constituent Survey but are not reported in
the Toxics Release Inventory, and therefore, cannot be easily tracked
over time. Is it appropriate to include on the List chemicals for that
TRI data, or other annual chemical-specific data, are not readily
available for tracking national chemical reduction progress? Are there
other reliable national sources of chemical reporting data that could
be used to track generation and reductions of these chemicals?
4. Chemicals With Very High P, B, and/or T Values
Should chemicals with very high data values for persistence,
bioaccumulation potential, human toxicity, and/or ecological toxicity
(e.g., with values at the top end of the data distributions) be
considered for addition to the RCRA PBT List, even though TRI data are
not available for tracking progress? How would progress be measured for
these chemicals?
5. Chemicals With Low Reported Quantities
Several chemicals on the RCRA PBT List are estimated in the
National Hazardous Waste Constituent Survey to be generated in
quantities of less than 100 pounds per year. The Agency did not use a
specific quantity cutoff in developing the RCRA PBT List. Should a
quantity cutoff be used? If so, what is the appropriate value for the
cutoff? Should different cutoffs be used for chemicals which are the
most toxic compared to others which are less toxic? If so, what should
those cutoffs be?
6. Priorities Identified by Other Organizations.
Should EPA add to the RCRA PBT List State or other organization's
priority chemicals which do not already appear on the List? Among these
chemicals, should those with low or no PBT scores (e.g., waste
solvents), or those with low or no chemical quantities (e.g., some
Level 1 U.S./Canada Binational Agreement chemicals) be included? A list
of chemical priorities identified by several States is located in RCRA
docket number F-98-MMLP-FFFFF.
7. Including Recycled Wastes in Determining Quantities of RCRA-Relevant
Waste Associated with Chemicals
In considering the quantity and prevalence of candidates for the
RCRA PBT List (step C.4 above), the Agency included quantities that
were recycled in its scoring procedure. Should recycled quantities be
included when determining the quantities of chemicals associated with
hazardous wastes in developing the RCRA PBT List, or should EPA measure
chemicals only at the point of generation?
Dated: October 30, 1998.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 98-29952 Filed 11-6-98; 8:45 am]
BILLING CODE 6560-50-P
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