Reportable Quantity Adjustments

[[Page 30926]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 117, 302, and 355

[SW H-FRL-5214-3]

RIN 2050-AD33

Reportable Quantity Adjustments

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA) today is taking

final action on changes proposed on October 22, 1993 to reportable

quantities (RQs) for hazardous substances under the Comprehensive

Environmental Response, Compensation, and Liability Act. The person in

charge of a facility or vessel from which a hazardous substance is

released in excess of its RQs must notify appropriate authorities, who

can then evaluate whether a response is needed. This rule revises the

table of hazardous substances to add 47 individual Clean Air Act

hazardous air pollutants; adjust their statutory one-pound RQs; add

five other Clean Air Act hazardous air pollutants that are categories

of substances and assign no RQ to the categories; and adjust RQs for 11

Resource Conservation and Recovery Act hazardous wastes. EPA also is

making conforming changes to the Clean Water Act table of hazardous

substances and the Emergency Planning and Community Right-to-Know Act

tables of extremely hazardous substances.

EPA thoroughly evaluated the intrinsic properties of these

substances to determine appropriate levels for the adjusted RQs; thus,

this rule reflects a sound, scientific approach. The RQ adjustments are

consistent with the Agency's common sense goals in that the rule will

minimize net reporting and recordkeeping burdens. The rule results in

an estimated net cost savings to industry and government of

approximately $500,000 annually.

EFFECTIVE DATE: July 12, 1995.

ADDRESSES:

Docket: Copies of materials relevant to this rulemaking are

contained in the U.S. Environmental Protection Agency CERCLA Docket

Office, Crystal Gateway #1, 12th Floor, 1235 Jefferson Davis Highway,

Arlington, VA 22202 [Docket Number 102 RQ-CAA]. The docket is available

for inspection between the hours of 9 a.m. and 4 p.m., Monday through

Friday, excluding Federal holidays. Appointments to review the docket

can be made by calling 703/603-8917. The public may copy a maximum of

266 pages from any regulatory docket at no cost. If the number of pages

copied exceeds 266, however, an administrative fee of $25 and a charge

of $0.15 per page for each page after page 266 will be incurred. The

docket will mail copies of materials to requestors who are outside the

Washington, DC metropolitan area.

Release Notification: The toll-free telephone number of the

National Response Center is 800/424-8802; in the Washington, DC

metropolitan area, the number is 202/267-2675. The facsimile number for

the National Response Center is 202/267-2165 and the telex number is

892427.

FOR FURTHER INFORMATION CONTACT: The RCRA/UST, Superfund, and EPCRA

Hotline at 800/424-9346 (in the Washington, DC metropolitan area,

contact 703/412-9810). The Telecommunications Device for the Deaf (TDD)

Hotline number is 800/553-7672 (in the Washington, DC metropolitan

area, contact 703/486-3323); or Ms. Gerain H. Perry, Response Standards

and Criteria Branch, Emergency Response Division (5202G), U.S.

Environmental Protection Agency, 401 M Street SW., Washington, DC

20460, or at 703/603-8760.

SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed

in the following outline:

I. Introduction

A. Statutory Authority

B. Background of this Rulemaking

C. Reportable Quantity Adjustment Methodology

D. Summary of Changes from the Proposed Rule

II. Response to Comments

A. Support for Proposed RQ Adjustments

1. Methylene Diphenyl Diisocyanate

2. Ethylene Glycol

B. Opposition to Proposed RQ Adjustments and/or Data

1. Xylenes

a. Aquatic Toxicity

b. Application of BHP

2. Dimethylformamide

3. Titanium Tetrachloride

4. Other Individual CAA Hazardous Air Pollutants

a. Biphenyl

b. 1,3-Butadiene

c. Cresols

d. Diethanolamine

e. Ethylene Glycol

5. K088

6. F037 and F038

C. Reporting Requirements for CAA Broad Generic Categories

1. Options for Assigning RQs

2. Definition and Scope of the Categories

3. Other Issues

D. Delisting Petition for Caprolactam

III. Changes to List of Hazardous Substances and Their RQs

IV. Changes to 40 CFR Parts 355 and 117

V. Regulatory Analyses

A. Executive Order 12866

B. Regulatory Flexibility Act

C. Paperwork Reduction Act

D. Unfunded Mandates

I. Introduction

A. Statutory Authority

The Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (CERCLA) (Pub. L. 96-510), 42 U.S.C. 9601 et

seq., as amended, established broad Federal authority to respond to

releases or threats of releases of hazardous substances from vessels

and facilities. The term ``hazardous substance'' is defined in section

101(14) of CERCLA chiefly by reference to various Federal environmental

statutes. For example, the term includes ``any hazardous air pollutant

listed under section 112 of the Clean Air Act'' (CAA), and ``any

hazardous waste having the characteristics identified under or listed

pursuant to section 3001 of the Solid Waste Disposal Act * * * ,'' also

known as the Resource Conservation and Recovery Act (RCRA). Under

CERCLA section 102(a), any substance that, when released into the

environment, may present substantial danger to public health or welfare

or the environment may be designated as a CERCLA hazardous substance.

Section 102(b) of CERCLA establishes RQs for releases of CERCLA

hazardous substances at one pound, unless a substance has a different

RQ established under section 311(b)(4) of the Clean Water Act (CWA).

Section 102(a) of CERCLA authorizes EPA to adjust these RQs by

regulation.

The person in charge of a vessel or facility from which a CERCLA

hazardous substance has been released in a quantity that equals or

exceeds its RQ must, under CERCLA section 103(a), immediately notify

the National Response Center (see 40 CFR 302.6). The owner or operator

of a facility from which an RQ or more of a CERCLA hazardous substance

has been released must immediately notify State and local response

authorities, as required by section 304 of the Emergency Planning and

Community Right-to-Know Act of 1986 (EPCRA) (Pub. L. 99-499), 42 U.S.C.

11001 et seq. (see 40 CFR 355.40).

B. Background of This Rulemaking

The CERCLA list is being changed in today's final rule because: (1)

Amendments to the CAA, signed into law on November 15, 1990 (Pub. L.

101-549), incorporated additional substances into the CERCLA list; and

(2) RCRA listing rules and the rule revising the RCRA toxicity

characteristics also incorporated substances into the CERCLA list.

[[Page 30927]]

Under section 112 of the CAA, as amended, 190 specific substances

or broad generic categories of substances are listed as hazardous air

pollutants; 52 of these (47 individual substances and five broad

generic categories of substances) did not previously appear

individually on the list of CERCLA hazardous substances at 40 CFR

302.4. The substances not previously listed became hazardous substances

pursuant to CERCLA section 101(14) upon enactment of the 1990 CAA

Amendments and were assigned a one-pound statutory RQ under CERCLA

section 102(b).

In an October 22, 1993 Notice of Proposed Rulemaking (NPRM) (58 FR

54836), EPA proposed to add the 47 hazardous air pollutants to the

regulatory list of CERCLA hazardous substances at 40 CFR 302.4, and

adjust their RQs. For the five CAA hazardous air pollutants that are

broad generic categories, EPA requested public comment on five options

for reporting that could potentially apply.1

\1\ For a list of these options, see Section II.C.1 of today's

preamble.

---------------------------------------------------------------------------

The October 22, 1993 NPRM also proposed to adjust the RQs for

certain hazardous wastes listed under RCRA. In today's final rule, the

Agency is adjusting the RQs for four hazardous wastes (F025, K088,

K090, and K091) included in the October 22, 1993 NPRM from their

statutory one-pound levels. As proposed in the October 22, 1993 NPRM,

EPA is readjusting the RQs for five additional RCRA wastes (F004, D023,

D024, D025, and D026) that already have been designated as hazardous

and assigned adjusted RQs. RQ adjustments for the two remaining RCRA

wastes that are included in this final rule, F037 and F038, were

proposed prior to the October 22, 1993 NPRM. On March 27, 1991, EPA

evaluated F037 and F038 under the RQ adjustment methodology and

proposed one-pound adjusted RQs for these wastes (56 FR 12826); the

Agency is promulgating the one-pound RQs for F037 and F038 in this

final rule.

C. Reportable Quantity Adjustment Methodology

In today's rule, EPA is promulgating adjusted RQs for the

individual hazardous air pollutants based upon specific scientific and

technical criteria that relate to the possibility of harm from the

release of a CERCLA hazardous substance in certain amounts.2 EPA's

methodology for adjusting the RQs of individual hazardous substances

begins with an evaluation of the intrinsic physical, chemical, and

toxicological properties of each hazardous substance. The intrinsic

properties examined--called ``primary criteria''--are aquatic toxicity,

mammalian toxicity (oral, dermal, and inhalation), ignitability,

reactivity, chronic toxicity, and potential carcinogenicity.3

\2\ See Section II.C.1 of this preamble for a discussion of RQ

adjustments for the five broad generic categories.

\3\ For further information on assigning adjusted RQs to

hazardous substances under the primary criteria, see the Technical

Background Document to Support Rulemaking Pursuant to CERCLA Section

102, Volume 2, August 1986 (for chronic toxicity), Volume 3, July

1989 (for potential carcinogenicity), and Volume 1, March 1985 (for

the four other primary criteria), available for inspection at the

CERCLA Docket Office, Crystal Gateway #1, 12th Floor, 1235 Jefferson

Davis Highway, Arlington, VA 22202.

---------------------------------------------------------------------------

Generally, for each intrinsic property, EPA ranks hazardous

substances on a scale, associating a specific range of values on each

scale with an RQ value of 1, 10, 100, 1,000, or 5,000 pounds. The data

for each hazardous substance are evaluated using various primary

criteria; each hazardous substance may receive several tentative RQ

values based on its particular intrinsic properties. The lowest of the

tentative RQs becomes the ``primary criteria RQ'' for that substance.

After the primary criteria RQs are assigned, substances are further

evaluated for their susceptibility to certain degradative processes,

which are used as secondary adjustment criteria.

These natural degradative processes are biodegradation, hydrolysis,

and photolysis (BHP).4 If a hazardous substance, when released

into the environment, degrades relatively rapidly to a less hazardous

form by one or more of the BHP processes, its RQ (as determined by the

primary RQ adjustment criteria), is generally raised one level.5

Conversely, if a hazardous substance degrades to a more hazardous

product after its release, the original substance is assigned an RQ

equal to the RQ for the more hazardous substance, which may be one or

more levels lower than the RQ for the original substance.

\4\ For further information on the methodology for applying BHP,

see the Technical Background Document to Support Rulemaking Pursuant

to CERCLA Section 102, Volume 1, March 1985, available for

inspection at the CERCLA Docket Office, Crystal Gateway #1, 12th

Floor, 1235 Jefferson Davis Highway, Arlington, VA 22202.

\5\ No RQ level increase based on BHP occurs if the primary

criteria RQ is already at its highest possible level (100 pounds for

potential carcinogens and 5,000 pounds for other types of hazardous

substances). BHP is not applied to radionuclides.

---------------------------------------------------------------------------

EPA indicated in an August 30, 1989 proposed rule (54 FR 35988)

that substances could be further evaluated by applying the methodology

for developing threshold planning quantities (TPQs) pursuant to EPCRA

section 302, but has not yet incorporated the TPQ methodology as part

of the RQ adjustment methodology in any final rule.

EPA currently is evaluating the RQ adjustment methodology to

identify ways in which the methodology could be improved; for example,

the Agency is considering whether the application of BHP to

developmental toxicants should be limited. EPA is interested in

receiving other suggestions for refining or improving the existing RQ

adjustment methodology. It is important to note, however, that the

Agency does not intend to formally respond as part of the rulemaking to

suggestions provided by the public for changes to the RQ adjustment

methodology.

D. Summary of Changes From the Proposed Rule

EPA has made the following changes from the October 22, 1993 NPRM.

Each change is discussed in the preamble section noted (if applicable).

Six RCRA hazardous wastes (K119, K120, K121, U354, U355,

and U357) with RQ adjustments proposed in the October 22, 1993 NPRM are

not included in today's final rule. These six wastes are proposed, but

not yet finalized, as RCRA hazardous wastes and, thus, are not yet

CERCLA hazardous substances, as defined by CERCLA section 101(14)(C).

The Agency is promulgating one-pound final RQs for two

RCRA wastes, F037 and F038, that did not appear in the October 22, 1993

NPRM (see Section II.B.6).

In the October 22, 1993 NPRM, EPA proposed to add m-

xylene, one of the 47 hazardous air pollutants, to Table 302.4 and to

adjust its statutory one-pound RQ to 100 pounds. After reviewing data

recently submitted by the commenters, however, EPA has decided to

promulgate a 1,000-pound final RQ for m-xylene (see Section II.B.1).

The Agency also proposed in the October 22, 1993 NPRM to

add dimethylformamide, another hazardous air pollutant, to Table 302.4

and to adjust its statutory one-pound RQ to 10 pounds. After evaluating

data submitted by the commenters, the Agency has decided in this final

rule to promulgate a 100-pound final RQ for dimethylformamide (see

Section II.B.2).

Similarly, after reviewing comments submitted on the 100-

pound RQ proposed for titanium tetrachloride in the October 22, 1993

NPRM, the Agency has decided to promulgate a 1,000-pound RQ for this

substance in today's final rule (see Section II.B.3).

EPA requested public comments on five options for

assigning RQs to the [[Page 30928]] CAA broad generic categories in the

October 22, 1993 NPRM. In today's final rule, EPA is promulgating one

of the scenarios described in Option 5, namely, the Agency is assigning

no RQs to the categories, but will evaluate certain substances within

the categories to determine whether they should be individually listed

in Table 302.4 of 40 CFR 302.4, and be assigned RQs (see Section

II.C.1).

II. Response to Comments

A. Support for Proposed RQ Adjustments

1. Methylene Diphenyl Diisocyanate

The proposed RQ adjustment for methylene diphenyl diisocyanate

(MDI) from the statutory one-pound level to 5,000 pounds was supported

by all of the 84 commenters who submitted comments regarding this

substance.6 The Agency agrees with commenters that the 5,000-pound

adjusted RQ for MDI will reduce the number of reports of releases that

are unlikely to pose a threat to public health or welfare or the

environment, thereby reducing the reporting burden on industry and

allowing EPA to focus its resources on those releases that are more

likely to pose such threats.

\6\ Detailed responses to these comments on MDI are included in

Section I.A of the responses to comments document for this

rulemaking, available for inspection at the CERCLA Docket Office,

Crystal Gateway #1, 12th Floor, 1235 Jefferson Davis Highway,

Arlington, VA 22202.

---------------------------------------------------------------------------

The Agency is continuing to evaluate data on the chronic toxicity

and potential carcinogenicity of MDI, as well as the potential

carcinogenicity of p-phenylenediamine, another hazardous air pollutant

included in today's final rule. Because these evaluations have not been

completed, EPA is promulgating a 5,000-pound RQ for both MDI and p-

phenylenediamine in today's final rule, as proposed. If, however, as a

result of the potential carcinogenicity and chronic toxicity

evaluations, the Agency determines that a change in the 5,000-pound RQ

for either of these substances is warranted, EPA will propose to

readjust the RQ for MDI and/or p-phenylenediamine in a separate

rulemaking.

2. Ethylene Glycol

The proposed adjustment of the RQ for ethylene glycol from the

statutory one-pound level to 5,000 pounds was supported by 75 of the 76

commenters who submitted comments on this substance.7 It is

important to note, however, that releases of ethylene glycol equal to

or exceeding 5,000 pounds during a 24-hour period (e.g., from airplane

de-icing operations) are reportable under CERCLA. If such a release is

not federally permitted and, thus, is not exempt from CERCLA reporting

and liability provisions, notification to the NRC under CERCLA and to

the appropriate State emergency response commissions (SERCs) and local

emergency planning committees (LEPCs) under EPCRA is required. The

Agency anticipated that releases in excess of 5,000 pounds may occur

and noted in the preamble to the October 22, 1993 NPRM that releases of

ethylene glycol in de-icing operations equal to or exceeding the 5,000-

pound RQ may qualify for reduced reporting as ``continuous releases.''

8

\7\ Detailed responses to these comments on ethylene glycol are

included in Section I.B of the responses to comments document for

this rulemaking, available at the CERCLA Docket Office, Crystal

Gateway #1, 12th Floor, 1235 Jefferson Davis Highway, Arlington, VA

22202.

\8\ In addition to MDI and ethylene glycol, the Agency received

a number of comments in support of RQs proposed for other individual

hazardous air pollutants. Detailed responses to these comments are

included in Section I.C of the responses to comments document for

this rulemaking, available at the CERCLA Docket Office, Crystal

Gateway #1, 12th Floor, 1235 Jefferson Davis Highway, Arlington, VA

22202.

---------------------------------------------------------------------------

B. Opposition to Proposed RQ Adjustments

1. Xylenes

In addition to RQ adjustments for the 47 individual CAA hazardous

air pollutants, EPA also proposed an RQ adjustment for the hazardous

substance category, ``xylene (mixed).'' This category is already listed

in Table 302.4 as a CERCLA hazardous substance and represents a mixture

of the three xylene isomers, m-xylene, o-xylene, and p-xylene, in any

proportion. In 1990, the CAA Amendments added the three xylene isomers

individually to the CAA section 112 list of hazardous air pollutants.

In today's final rule, EPA is adding these three isomers as three

separate entries in the 40 CFR 302.4 list of CERCLA hazardous

substances.

In the October 22, 1993 NPRM, the Agency proposed to adjust the RQs

for m-xylene and p-xylene to 100 pounds, and the RQ for o-xylene to

1,000 pounds. Because there are three substances within the xylenes

category and EPA had sufficient data to assign RQs to each of these

substances, the Agency also proposed to assign the lowest RQ of the

individual member substances to the category. Specifically, EPA

proposed to adjust the RQ for the ``xylene (mixed)'' category from

1,000 pounds to 100 pounds to be consistent with the data used to

develop the 100-pound proposed RQs for the m- and p-xylene isomers. In

today's final rule, the Agency is promulgating the 100-pound proposed

RQ for ``xylene (mixed),'' as described below in Section II.B.1.a of

the preamble.

It is important to note that the preceding paragraph only describes

the Agency's adjustment of the RQ for the ``xylenes (mixed)'' category.

This discussion does not address whether particular releases of mixed

xylenes are reportable under various scenarios. The person in charge of

a facility from which a release of mixed xylenes occurs should apply

the mixture rule (as described in Section II.B.6 of today's preamble)

on a case-by-case basis to determine if a particular release of mixed

xylenes must be reported under CERCLA section 103 and EPCRA section

304. Essentially, the Agency's mixture rule provides that, if the

quantity of each of the xylene isomers in a particular mixture of

xylenes is known (and there are no other hazardous constituents in the

xylenes mixture), reporting is required only when an RQ or more of m-,

o-, or p-xylene is released. If, however, the quantity of one or more

of the xylene isomers is unknown, reporting is required when 100 pounds

or more of the total mixture of xylenes is released.

a. Aquatic Toxicity. Nine commenters favored promulgation of 1,000-

pound adjusted RQs for m- and p-xylene and for the ``xylene (mixed)''

category, rather than the 100-pound RQs proposed for these substances.

Six of the nine commenters asserted that the Agency had incorrectly

assigned 100-pound primary criteria RQs to these substances. As

correctly noted by these commenters, the 100-pound RQ adjustments

proposed for m- and p-xylene were based on studies of fish species

other than the standard species (i.e., fathead minnow or bluegill)

preferred for assigning RQs based on aquatic toxicity. As stated in

previous technical background documents to support RQ adjustment

rulemakings, aquatic toxicity studies from other fish species may be

used by the Agency to establish RQs when data on standard species are

not available.

Several commenters performed and submitted additional studies

(Springborn Laboratories (1994a and 1994b)) 9 on the aquatic

toxicity of m- [[Page 30929]] and p-xylene using standard species. EPA

has reviewed these and other standard species studies (Geiger et al.

(1986, 1990)) 10 submitted by the commenters on the xylene

isomers.

\9\ Machado, M. 1994a. para-Xylene - Acute Toxicity to Fathead

Minnow (Pimephales promelas) Under Flow-Through Conditions.

Springborn Laboratories, Wareham, Massachusetts; and Machado, M.

1994b. meta-Xylene--Acute Toicity to Fathead Minnow (Pimephales

promelas) Under Flow-Through Conditions. Springborn Laboratories,

Wareham, Massachusetts.

\10\ Geiger, D.L., S.H. Poirier, L.T. Brooke, D.J. Call, Eds.

1986. Acute Toxicities of Organic Chemicals to Fathead Minnows

(Pimephales promelas). Vol III, Center for Lake Superior

Environmental Studies, University of Wisconsin-Superior; and Geiger,

D.L., S.H. Poirier, L.T. Brooke, D.J. Call, Eds. 1990. Acute

Toxicities of Organic Chemicals to Fathead Minnows (Pimephales

promelas). Vol V, Center for Lake Superior Environmental Studies,

University of Wisconsin-Superior.

---------------------------------------------------------------------------

Fathead minnow data on m-xylene in both the Geiger et al. (1990)

and Springborn Laboratories (1994b) studies support the assignment of a

1,000-pound RQ for this substance.11 In today's final rule,

therefore, EPA is not promulgating the 100-pound RQ for m-xylene as

proposed; rather, the Agency is promulgating a 1,000-pound RQ for this

substance based, in part, on the aquatic toxicity data reported in

Geiger et al. (1990) and Springborn Laboratories (1994b). (Chronic

toxicity and ignitability data also support a 1,000-pound RQ for m-

xylene.)

\11\ For a detailed discussion of the studies on m-xylene, see

Response Numbers II.A.3 and II.A.6 in Section II of the responses to

comments document for this rulemaking, available for inspection at

the CERCLA Docket Office, Crystal Gateway #1, 12th Floor, 1235

Jefferson Davis Highway, Arlington, VA 22202.

---------------------------------------------------------------------------

Fathead minnow data on p-xylene, however, as reported in both the

Geiger et al. (1986) and Springborn Laboratories (1994a) studies,

support the 100-pound RQ proposed for p-xylene in the October 22, 1993

proposed rule.12 Therefore, EPA is finalizing a 100-pound adjusted

RQ for p-xylene based on the standard aquatic toxicity data provided in

Geiger et al. (1986) and Springborn Laboratories (1994a), and supported

by the non-standard aquatic toxicity data used by EPA in the October

22, 1993 NPRM as the basis for the 100-pound RQ proposed for this

substance.

\12\ The Agency disagrees with one commenter's assertion that

data from Geiger et al. (1986) are unacceptable because of certain

deviations from standard test conditions. For a detailed discussion

of the studies on p-xylene, see Response Numbers II.A.3, II.A.4, and

II.A.5 in Section II of the responses to comments document for this

rulemaking, available for inspection at the CERCLA Docket Office,

Crystal Gateway #1, 12th Floor, 1235 Jefferson Davis Highway,

Arlington, VA 22202.

---------------------------------------------------------------------------

With regard to the comments recommending a 1,000-pound RQ for the

``xylenes (mixed)'' category, although EPA appreciates the aquatic

toxicity data provided by the commenters, the Agency is not using these

data to determine an RQ for this hazardous substance category in the

final rule. As noted previously, because there are three xylene isomers

within the ``xylenes (mixed)'' category and EPA has sufficient data to

assign RQs to each of these three substances, the Agency is assigning

the lowest RQ of the individual member substances to the category.

Thus, EPA is readjusting the 1,000-pound RQ for xylenes (mixed) to 100

pounds, as proposed, to be consistent with the 100-pound RQ for one of

its member substances, p-xylene. Assigning a 100-pound RQ to the

``xylenes (mixed)'' category is consistent with other instances (e.g.,

cyanides) in which the Agency has assigned the lowest RQ of the

individual member substances to a hazardous substance category, because

the category contains only a limited number of substances and EPA has

sufficient data to assign RQs to all of these substances in the

category.

b. Application of BHP. Eight commenters contended that EPA did not

properly evaluate xylenes for their susceptibility to degradation in

the environment in proposing adjusted RQs for these substances in the

October 22, 1993 NPRM. The Agency disagrees. EPA conducted a

comprehensive search for data on both the primary RQ adjustment

criteria and the secondary criteria of BHP, and was unable to locate

any convincing degradation data indicating that application of BHP to

raise the RQs of xylenes was warranted.\13\ In addition, EPA applies

the secondary RQ adjustment criteria of BHP to raise the RQ of a

hazardous substance only when the reaction products are less hazardous

than the parent substance. Data submitted on the xylenes indicate that

the degradation products of xylenes in the atmosphere include 2,4-

dimethylphenol and formaldehyde, each of which is a CERCLA hazardous

substance with a 100-pound RQ. Because the RQs of these two degradative

products are 100 pounds, application of the secondary criteria of BHP

to the xylenes could not be used to raise the 1,000-pound RQs for m-

and o-xylene or the 100-pound RQs for p-xylene and xylenes (mixed).

\13\ For detailed responses to comments regarding the

degradation of xylenes and application of BHP to these substances,

see Response Numbers II.A.10 and II.A.11 in Section II of the

responses to comments document for this rulemaking, available for

inspection at the CERCLA Docket Office, Crystal Gateway #1, 12th

Floor, 1235 Jefferson Davis Highway, Arlington, VA 22202.

---------------------------------------------------------------------------

2. Dimethylformamide

One commenter opposed the 10-pound RQ proposed for

dimethylformamide and asserted that a 100-pound RQ is more appropriate

for this substance. To support this assertion, the commenter submitted

data from a number of epidemiology and animal toxicity studies the

commenter had used to challenge the Agency's classification of

dimethylformamide as a probable human carcinogen. As the commenter

correctly noted, the Agency proposed in the October 22, 1993 NPRM to

adjust the RQ for dimethylformamide to 10 pounds, based on an

evaluation of its potential carcinogenicity. Based on data reviewed at

that time indicating limited evidence of carcinogenic effects in humans

and inadequate evidence in animals, EPA classified dimethylformamide as

a weight-of-evidence Group B1, probable human carcinogen. Combining

this weight-of-evidence classification with a potency Group 2

classification resulted in a hazard ranking of ``medium'' and a

proposed adjusted RQ of 10 pounds.

Since publication of the October 22, 1993 NPRM, however, the Agency

has completed its own internal review of data on the potential

carcinogenicity of dimethylformamide, including relevant data submitted

by the commenter. As a result of this review, EPA agrees with the

commenter that the weight of evidence is not currently sufficient to

classify dimethylformamide as a Group B1, probable human carcinogen.

For this reason, EPA has not relied on the potential carcinogenicity

criterion as a basis for the RQ adjustment for dimethylformamide;

rather, in today's final rule, the Agency is promulgating a 100-pound

RQ for this substance based on chronic toxicity.

3. Titanium Tetrachloride

Two commenters asserted that a 1,000-pound primary criteria RQ is

scientifically justified for titanium tetrachloride based on toxicity

and, thus, more appropriate than the 100-pound RQ proposed for this

substance. Although EPA continues to believe that a primary criteria RQ

of 100 pounds is warranted for titanium tetrachloride,\14\ the Agency

has decided to promulgate an adjusted RQ of 1,000 pounds for this

substance based on a re-evaluation of titanium tetrachloride under the

secondary RQ adjustment criterion of hydrolysis. As noted in Section

II.B.1.b of this preamble, one-level upward RQ adjustments based on

hydrolysis are warranted only when the secondary products of the

reaction are less toxic than the parent compound. The most prevalent

secondary product of the titanium tetrachloride hydrolysis reaction is

hydrochloric acid (or [[Page 30930]] hydrogen chloride gas), which is a

CERCLA hazardous substance with a 5,000-pound RQ. In an August 30, 1989

rule (54 FR 35988), the Agency proposed to adjust the 5,000-pound RQ

for hydrochloric acid to 100 pounds, based on application of the TPQ

methodology (see Section I.C of today's preamble) as part of the RQ

adjustment methodology. Because the proposed 100-pound RQ for

hydrochloric acid (the reaction product) from the 1989 rule was no

higher than the 100-pound primary criteria RQ for titanium

tetrachloride (the parent compound), the Agency did not apply the

secondary RQ adjustment criteria to raise the RQ for titanium

tetrachloride in the October 22, 1993 NPRM.

\14\ For further discussion of the chronic toxicity primary

criterion RQ for titanium tetrachloride, see Response Number II.B.17

in Section II of the responses to comments document for this

rulemaking, available for inspection at the CERCLA Docket Office,

Crystal Gateway #1, 12th Floor, 1235 Jefferson Davis Highway,

Arlington, VA 22202.

---------------------------------------------------------------------------

As of today's final rule, however, EPA has not yet promulgated the

100-pound RQ for hydrochloric acid that was proposed in the August 30,

1989 rule and has not yet included the TPQ methodology as part of the

RQ adjustment methodology in any final rule; thus, the current 5,000-

pound RQ for hydrochloric acid still applies. This 5,000-pound RQ for

hydrochloric acid is higher than the 100-pound RQ for titanium

tetrachloride (i.e., the secondary product of the hydrolysis reaction

is less toxic than the parent compound). Therefore, the Agency is

applying the secondary RQ adjustment criterion of hydrolysis in today's

final rule to raise the 100-pound primary criteria RQ for titanium

tetrachloride one level to 1,000 pounds.\15\

\15\ If EPA incorporates the TPQ methodology as part of the RQ

adjustment methodology and adjusts the RQ for hydrochloric acid in a

final rule, the RQ for titanium tetrachloride will be readjusted

accordingly.

---------------------------------------------------------------------------

4. Other Individual CAA Hazardous Air Pollutants

a. Biphenyl. Four commenters supported a 1,000-pound adjusted RQ

for biphenyl, rather than the 100-pound RQ adjustment proposed in the

October 22, 1993 NPRM. One of these commenters submitted data on the

biodegradation of biphenyl and concluded that these data support a

1,000-pound RQ. After reviewing the data submitted by this commenter,

the Agency disagrees with the commenter's conclusions. The data on

biphenyl provided by the commenter do not meet several conditions

necessary for adjustment based on biodegradation, including: (1) The

substance must have a five-day biochemical oxygen demand (BOD5)

equal to or greater than 50% in ``unadapted'' media, which have not

been previously exposed to the substance; and (2) the substance must be

in a form that is available to microorganisms responsible for

biodegradation.\16\ Therefore, the Agency is promulgating an adjusted

RQ of 100 pounds for biphenyl based on the chronic toxicity criterion,

with no upward adjustment based on BHP.

\16\ For detailed responses to comments on the biodegradation of

biphenyl, see Response Numbers II.B.4 and II.B.5 in Section II of

the responses to comments document for this rulemaking, available

for inspection at the CERCLA Docket Office, Crystal Gateway #1, 12th

Floor, 1235 Jefferson Davis Highway, Arlington, VA 22202.

b. 1,3-Butadiene. Two commenters opposed the 10-pound proposed RQ

for 1,3-butadiene. These commenters submitted potential carcinogenicity

data to support the assertion that the potency factor calculated for

1,3-butadiene by the Agency in the proposed rule was ``at least an

order of magnitude too high.'' According to the commenters, the Agency

should recalculate a more accurate (and lower) value for the potency of

1,3-butadiene and should promulgate a 100-pound RQ for this substance,

rather than the 10-pound proposed RQ.

Pending completion of its review of new epidemiology data on 1,3-

butadiene submitted by the commenters, as well as data on the

appropriate model for conducting quantitative risk assessments on this

substance, the Agency will retain its current estimates, including a

potency factor calculation of 8.4 (mg/kg/day)-1 for RQ adjustment

purposes.\17\ This potency factor, coupled with a weight-of-evidence

Group B2 classification, results in a final RQ of 10 pounds for 1,3-

butadiene in today's final rule. EPA is continuing its comprehensive

review of the potential carcinogenicity data on 1,3-butadiene to

determine if a change in the Agency's potency factor estimate is

necessary. The Agency will readjust the RQ for 1,3-butadiene in a

separate rulemaking if its review results in an RQ other than 10 pounds

for this substance.

\17\ For detailed responses to comments on the potential

carcinogenicity of 1,3-butadiene, and EPA's basis for using its

current estimates to adjust the RQ for this substance, see Response

Numbers II.B.7 and II.B.8 in the responses to comments document for

this rulemaking, available for inspection at the CERCLA Docket

Office, Crystal Gateway #1, 12th Floor, 1235 Jefferson Davis

Highway, Arlington, VA 22202.

---------------------------------------------------------------------------

c. Cresols. The Agency also proposed in the October 22, 1993 NPRM

to adjust the RQ for another hazardous substance category,

``cresol(s),'' which, similar to ``xylene (mixed),'' is already listed

in Table 302.4. This listing for the hazardous substance cresols

represents a mixture of the three cresol isomers (m-cresol, o-cresol,

and p-cresol) in any proportion. In 1990, the CAA Amendments added the

three cresol isomers individually to the CAA section 112 list of

hazardous air pollutants. In today's final rule, EPA is adding these

three isomers as three separate entries in the 40 CFR 302.4 list of

CERCLA hazardous substances.

In the October 22, 1993 NPRM, the Agency proposed adjustments to

the statutory one-pound RQs for the three cresol isomers. EPA proposed

to adjust each of the RQs for m-, o-, and p-cresol to 100 pounds based

on studies published since the final rule designating the category

cresols as a hazardous substance and assigning it a 1,000-pound RQ (see

51 FR 34561, September 29, 1986). Because there are three substances

within the cresols category and EPA had sufficient data to assign 100-

pound RQs to each of these substances, the Agency proposed to adjust

the RQ for the ``cresol(s)'' category from 1,000 pounds to 100 pounds

to be consistent with the data used to develop the 100-pound RQs for

the m-, o-, and p-cresol isomers.

One commenter opposed the 100-pound RQ for the cresol isomers and

asserted that the recent reclassification of cresols in the IRIS data

base as a weight-of-evidence Group C, possible human carcinogen, was

based on studies of doubtful validity. Based on data submitted to

support its assertion, the commenter requested that EPA retain the

1,000-pound RQ for cresols, pending the outcome of EPA's decision on

this matter.

EPA disagrees with the commenter that the 1,000-pound RQ for

cresols should be retained. Hazardous substances are classified in

weight-of-evidence Group C when the Agency determines that there is

``limited'' evidence of carcinogenicity in animals, in the absence of

human data. According to EPA guidelines,\18\ limited evidence of

carcinogenicity in animals can be indicated by a wide variety of

effects, including: (1) Malignant tumor responses in a single, well-

conducted experiment that does not meet conditions for ``sufficient''

evidence; (2) tumor responses of marginal statistical significance in

studies having inadequate design or reporting; (3) benign tumors

(without malignant tumors) from an agent showing no response in a

variety of short-term tests for mutagenicity; and (4) responses of

marginal statistical significance in a tissue known to have a high or

variable background rate of cancer.

\18\ U.S. EPA 1988. Methodology for Evaluating Potential

Carcinogenicity in Support of Reportable Quantity Adjustments

Pursuant to CERCLA Section 102. Office of Health and Environmental

Assessment, Washington, DC.

---------------------------------------------------------------------------

EPA has carefully reviewed the data submitted by the commenter. As

a result [[Page 30931]] of this review, EPA has decided to retain its

classification of each of the cresol isomers (m-, o-, and p-cresol) in

weight-of-evidence Group C, possible human carcinogen. The deficiencies

noted by the commenter regarding the in vitro and in vivo studies

relied on by the Agency are reasons for the Agency's decision not to

classify the evidence of carcinogenicity as ``sufficient.''\19\

Reviewed together, however, these studies do provide limited evidence

of animal carcinogenicity and, thus, justify classification of the

cresol isomers in weight-of-evidence Group C. The Agency, therefore,

will retain its original decision to adjust the RQ for cresols from

1,000 to 100 pounds, and to establish final RQs of 100 pounds for each

of the cresol isomers.\20\

\19\ For further information on the data and findings of the in

vitro and in vivo studies, see Section 3 of the Technical Background

Document to Support Rulemaking Pursuant to CERCLA Section 102,

Volume 7, available for inspection as part of the public docket for

this rulemaking at the CERCLA Docket Office, Crystal Gateway #1,

12th Floor, 1235 Jefferson Davis Highway, Arlington, VA 22202.

\20\ For detailed responses to the comments on the

carcinogenicity of cresols, see Response Numbers II.B.10 and II.B.11

in Section II of the responses to comments document for this

rulemaking, available for inspection at the CERCLA Docket Office,

Crystal Gateway #1, 12th Floor, 1235 Jefferson Davis Highway,

Arlington, VA 22202.

---------------------------------------------------------------------------

d. Diethanolamine. Three commenters opposed the 100-pound proposed

RQ for diethanolamine based on the chronic toxicity criterion. The

commenters asserted that a primary criteria RQ of 1,000 pounds is more

appropriate for this substance, and that application of the secondary

RQ adjustment criterion of biodegradation should be applied to raise

the final RQ to 5,000 pounds.

Under the methodology for developing primary criterion RQs based on

chronic toxicity, a substance is first assigned two rating values, one

based on the dose that causes a particular effect, and one based on the

severity of the effect. The dose rating value (RVd) ranges from

one to 10, with 10 representing the most toxic substances. The effect

rating value (RVe) also ranges from one to 10, with 10

representing the most severe effect. The product of the RVd and

RVe for a substance yields a composite score between one and 100.

Tentative chronic toxicity RQs are then assigned on the basis of the

composite score.\21\

\21\ For further information on the relationship of composite

scores to tentative chronic toxicity RQs, see the Technical

Background Document to Support Rulemaking Pursuant to CERCLA Section

102, Volume 2, available for inspection as part of the public docket

for this rulemaking at the CERCLA Docket Office, Crystal Gateway #1,

12th Floor, 1235 Jefferson Davis Highway, Arlington, VA 22202.

Because no chronic toxicity studies have been reported for

diethanolamine, both EPA and the commenters used data from a 13-week

subchronic study (Melnick (1992) 22 to develop their respective

conclusions. Based on a different interpretation of these same data,

the commenters supported use of an RVe of 5, rather than the

RVe of 7 used by EPA to assign a 100-pound primary criterion RQ

for diethanolamine. The commenters generally agreed with the Agency on

an RVd of 3.8 for the substance.

\22\ Melnick, R.L., 1992. NTP Technical Report on the Toxicity

Studies of Diethanolamine (CAS No. 111-42-2) Administered Topically

and in Drinking Water to F344/N Rats and B6C3F1 Mice. National

Toxicology Program. NIH Publication No. 92-3343.

---------------------------------------------------------------------------

In supporting an RVe of 5 for diethanolamine, one of the

commenters asserted that increased blood urea nitrogen (BUN) is

incorrectly listed as an effect and that reported kidney changes do not

identify impairment of kidney function. EPA disagrees; upward trends in

relative kidney weight and BUN have been observed together, suggesting

that kidney function (i.e., removal of excess urea) in the exposed

animals is impaired, resulting in increased kidney weight. The Agency,

therefore, considers it appropriate to place diethanolamine in RVe

category 7 because of the observed ``necrosis * * * with a detectable

decrement of organ function.'' This results in a composite score of

26.6 (i.e., 3.8 RVd x 7 RVe) and a corresponding chronic

toxicity primary criterion RQ of 100 pounds.

This commenter also supported raising the primary criterion RQ for

diethanolamine one level, based on the secondary criterion of

biodegradation. Two (Bridie et al. (1979) and Gannon et al. (1978))

23 of the eight studies submitted by the commenter on the

biodegradation of diethanolamine reported BOD5 values equal to or

greater than the standard for upward RQ adjustment on the basis of

biodegradation. These experiments, however, were conducted using

``adapted'' sewage sludge (see previous discussion on biphenyl), rather

than under conditions normally found in the environment. One (Bridie et

al. (1979)) of these two studies also evaluated diethanolamine using

unadapted sewage sludge, but the result was a BOD5 of only two

percent.

\23\ Bridie, A.L. et al., 1979. Biochemical Oxygen Demand and

Chemical Oxygen Demand of Some Petrochemicals. Water Research

13:627-30; and Gannon, J.E. et al., 1978. Microbial Degradation of

Diethanolamine and Related Compounds. Microbios. 23:7-18.

---------------------------------------------------------------------------

Because the data provided by the commenter do not justify

application of the secondary RQ adjustment criterion of biodegradation

to diethanolamine, the Agency has promulgated a final RQ of 100 pounds

(as proposed) based on chronic toxicity.

e. Ethylene Glycol. One commenter stated that, based on the

incidence of pet and wildlife poisonings due to ingestion of ethylene

glycol antifreeze, the 5,000-pound proposed RQ for ethylene glycol is

inappropriate. The commenter asserted that, by raising the RQ to 5,000

pounds, EPA would be sending the false message that ethylene glycol is

not dangerous. According to the commenter, such a message would result

in reduced attention to all but the largest releases of this substance.

For this reason, the commenter urges EPA to retain a one-pound RQ for

ethylene glycol.

While EPA shares the concerns expressed by the commenter regarding

acute exposures to ethylene glycol, the Agency believes that a lower RQ

for ethylene glycol would not necessarily prevent accidental poisonings

to humans, pets, and wildlife. RQs under CERCLA serve only to notify

the Federal, State, and local governments of the release so that

authorities can determine whether a response is necessary under the

particular circumstances of the release.

In addition, the technical data supplied by the commenter do not

support assignment of an RQ for ethylene glycol below 5,000 pounds.

Under EPA's RQ adjustment methodology, an acute mammalian toxicity RQ

for oral exposure to a hazardous substance (e.g., ethylene glycol) is

determined based on the dose that is lethal to 50 percent of the animal

population tested (known as the LD50 value). For the oral exposure

route, LD50s of between 100 and 499 milligrams per kilogram (mg/

kg) define the range that results in a 5,000-pound RQ based on acute

mammalian toxicity. LD50 values above 499 mg/kg also result in RQs

at the maximum 5,000-pound level; LD50s below 100 mg/kg result in

RQs between one and 1,000 pounds.

The commenter supplied several pieces of information to support the

position that ethylene glycol should be assigned a one-pound RQ. This

information included studies on the toxicity of ethylene glycol, a

table showing regulation of ethylene glycol under Federal environmental

statutes (e.g., the CAA and CERCLA), and newspaper articles describing

accidental poisonings. EPA has carefully reviewed these materials. None

of the data submitted by the commenter support an RQ of one-pound; in

fact, all of these data are well above the upper bound of the range of

acute mammalian toxicity [[Page 30932]] data (499 mg/kg) that define a

5,000-pound RQ.24

\24\ For a detailed response to this comment on ethylene glycol,

see Response Number II.B.16 in Section II of the responses to

comments document for this rulemaking, available for inspection at

the CERCLA Docket Office, Crystal Gateway #1, 12th Floor, 1235

Jefferson Davis Highway, Arlington, VA 22202.

---------------------------------------------------------------------------

The commenter also provided a table showing that ethylene glycol,

unlike propylene glycol, is regulated under various environmental

statutes. The commenter appears to be using the table to suggest that

ethylene glycol is the more toxic of the two substances. Regardless of

whether this assertion is correct, listing of ethylene glycol (i.e.,

under the CAA and CERCLA) indicates only that an RQ must be assigned to

this CERCLA hazardous substance, but does not provide the technical

data needed to support a particular RQ. The newspaper articles

submitted by the commenter do not provide any data that can be used to

adjust the RQ for ethylene glycol.

As noted above, all of the data from the studies submitted by the

commenter are above the range of acute mammalian toxicity data that

result in a 5,000-pound RQ. In fact, EPA has assigned a lower primary

criteria RQ based on chronic toxicity (1,000 pounds) than indicated

based on mammalian toxicity (5,000 pounds). The Agency then applied the

secondary RQ adjustment criteria of BHP, which resulted in an upward

adjustment of the 1,000-pound chronic toxicity RQ to 5,000 pounds based

on ethylene glycol's susceptibility to biodegradation in the

environment.

Thus, EPA does not have sufficient technical justification to

establish a one-pound adjusted RQ for ethylene glycol, as requested by

the commenter. Nevertheless, the Agency encourages users of ethylene

glycol to exercise greater precautions to help prevent accidental

poisonings. In addition, EPA would like to clarify that the 5,000-pound

final RQ for ethylene glycol should not be interpreted as a

determination that smaller releases are safe under all possible release

scenarios.

5. K088

To assign an RQ to a hazardous waste stream, the Agency first

identifies the substances that are constituents of the waste stream (as

listed in 40 CFR part 261, Appendix VII) and determines the RQs for

these constituents. The lowest of the constituent RQs becomes the RQ

for the waste stream. In the case of spent potliner wastes (K088), the

only hazardous constituent is cyanide, which is a CERCLA hazardous

substance with a final RQ of 10 pounds (50 FR 13456, April 4, 1985).

For this reason, EPA proposed an RQ of 10 pounds for waste stream K088

in the October 22, 1993 NPRM.

One commenter requested that the proposed 10-pound RQ for K088 be

raised to 1,000 pounds based on the cyanide content of this waste

stream. The Agency notes, however, that the RQ adjustment methodology

does not consider the ``content'' or concentration of a constituent in

the waste stream in determining an RQ for that waste stream. Therefore,

EPA is promulgating a 10-pound RQ for K088 in today's final rule.

6. F037 and F038

As noted in Section I.B., the Agency has decided to promulgate

final RQs for two hazardous waste streams (F037 and F038) for which RQs

were proposed on March 27, 1991 (56 FR 12862). For this reason, EPA is

addressing the two comments submitted on this previous proposal in

today's final rule.

The two commenters supported EPA's methodology of applying the

Agency's ``mixture rule'' in determining whether CERCLA notification

for F037 and F038 is required, but opposed an RQ of one pound for F037

and F038 when constituent quantities of the waste are unknown.

Under the mixture rule, as set forth in 40 CFR 302.6(b), if the

quantity of each of the constituents of a waste is known, reporting is

required only when an RQ or more of any of the individual hazardous

constituents is released. Knowledge that the average quantities of

hazardous constituents in several waste streams with the same

identification number (e.g., F037) are below their respective hazardous

constituent RQs is not a sufficient basis for applying this provision

of the mixture rule to all waste streams with that identification

number.

The Agency's mixture rule also provides that, if the quantity of

one or more of the hazardous constituents is unknown, reporting is

required when an RQ or more of the waste itself is released. Thus, if

the quantity of one or more of the constituents of F037 or F038 was

unknown, reporting would be required when the amount of the waste

stream released is one pound or more.

EPA believes that the one-pound adjusted RQs for waste streams F037

and F038 are necessary to fulfill the Agency's CERCLA mandate to

protect public health and welfare and the environment from releases of

these waste streams that may contain concentrations of hazardous

constituents greater than those considered ``typical'' by the

commenter.25

\25\ For a detailed discussion of these responses to comments on

F037 and F038, see Response Numbers V.1 and V.2 in Section V of the

responses to comments document for this rulemaking, available for

inspection at the CERCLA Docket Office, Crystal Gateway #1, 12th

Floor, 1235 Jefferson Davis Highway, Arlington, VA 22202.

---------------------------------------------------------------------------

C. Reporting Requirements for CAA Broad Generic Categories

1. Options for Assigning RQs

Of the broad generic categories of chemicals listed as hazardous

air pollutants by the CAA Amendments, five categories--cobalt

compounds, glycol ethers, manganese compounds, fine mineral fibers, and

polycyclic organic matter--were not previously on the CERCLA list.

In the October 22, 1993 NPRM, EPA requested public comments on the

following five options for addressing the CERCLA reporting requirements

for these broad categories:

(1) Assign no RQ level to the CAA broad generic categories;

(2) Retain a one-pound RQ for these categories (i.e., the lowest RQ

EPA assigns to individual hazardous substances);

(3) Assign an RQ to each category that reflects either the average

RQ or the lowest RQ of the substances within each category;

(4) Assign a 5,000-pound RQ to each category (i.e., the highest RQ

EPA assigns to individual hazardous substances); or

(5) Identify and assign an RQ to certain substances within each

category. For the remaining substances within each of the five

categories not assigned a specific RQ, assign no RQ, retain a one-pound

RQ, assign an average or lowest RQ, or assign a 5,000-pound RQ.

In the preamble to the proposed rule, EPA described a variety of

factors that it would consider in choosing an option that protects

public health and welfare and the environment. These factors included:

the length of time EPA would need to evaluate a large number of

compounds individually; the need to have meaningful information

reported to the National Response Center (i.e., avoiding either too

much or too little information); and the need to avoid unnecessary and

costly reporting burdens. After careful evaluation of these factors and

consideration of all public comments on the five options, the Agency

believes that, as suggested by 34 of the 44 commenters who addressed

the options, the most effective balance of these factors would be to

implement one of the reporting scenarios described in Option 5. Under

[[Page 30933]] the selected option, the Agency is assigning no RQ level

to the five CAA broad generic categories, but will evaluate and may

individually list in Table 302.4 of 40 CFR 302.4 certain substances

within the categories, and assign RQs to these substances.

In response to five commenters' requests to accelerate promulgation

of the RQ adjustments for the hazardous air pollutants proposed in the

October 22, 1993 NPRM, the Agency expedited the schedule for today's

final rule; for this reason, the Agency has not yet implemented the

portion of Option 5 that involves identifying additional substances

within the categories to determine if individual listing in Table 302.4

is warranted, but will do so at a later date.

The remainder of Section II.C first provides an overview of EPA's

evaluation of each of the five options using the factors presented in

the proposed rule. This overview also includes the number of commenters

that favored each option. The public comments are then summarized and

responses provided by the following topic areas: (1) Definition and

scope of the categories; and (2) other issues.

Selecting Option 1 (assigning no RQ to the five CAA broad generic

categories) would eliminate the time needed for EPA to evaluate member

substances individually. Option 1 also would be the least costly and

burdensome of the options because reporting of such member substances

would not be required (except for those that are already listed

separately). The major disadvantage of Option 1 is that it does not

contain any provisions for individually listing and assigning RQs to

specific substances in future rulemakings. EPA believes that upon

further identification and analysis of the substances within the

categories, there may be certain individual substances that merit

separate listing and reporting requirements to protect adequately

public health and welfare and the environment. Eight commenters favored

Option 1.

The Agency decided that Option 2 (retaining a one-pound RQ for the

category) would be infeasible for a variety of reasons. As correctly

noted by several commenters, a one-pound RQ would not take into

consideration the varying characteristics of all of the specific

compounds in the categories. Thus, Option 2 would result in a large

burden on the regulated community for reporting small releases of

thousands of substances whose inherent chemical characteristics do not

warrant reporting at such low release levels. In addition, the large

number of reports of small releases would hinder the National Response

Center's ability to receive and process meaningful information and,

therefore, the government's ability to respond to releases that are

much more likely to pose a threat to public health or welfare or the

environment. No commenters favored Option 2.

Similarly, the Agency determined that Option 3 (assign an RQ to

each category that reflects either the average RQ or the lowest RQ of

the substances within the category) would be infeasible. Assigning an

average RQ to the categories, in addition to the disadvantages of

Option 2, would be extremely time- and resource-intensive because EPA

would need to evaluate all known individual substances within each

category to determine an RQ for each so that an average RQ for the

category could be calculated. Assigning the lowest RQ of the member

substances to the category, similar to Option 2, would result in

reporting of a large number of small releases that would hinder

government response capabilities. This portion of Option 3 also would

be time- and resource-intensive because EPA would need to evaluate the

substances within the categories to determine the lowest RQ of the

member substances. No commenters favored Option 3.

Option 4 (assign a 5,000-pound RQ to each category) would be less

burdensome than Options 2 and 3, but also would be technically

inappropriate for certain substances that may pose greater hazards.

Only two commenters favored Option 4.

Option 5 involves identifying and assigning RQs to certain

substances within each category, but contains several possible

variations on how to treat the remaining substances (i.e., assign no

RQ, assign a one-pound RQ, assign an average or lowest RQ, or assign a

5,000-pound RQ). These variations correspond to the previous four

options. A total of 34 commenters favored Option 5 as an acceptable

variation of Option 1.

EPA has concluded that Option 5 is preferable to the other four

options because it allows the Agency greater flexibility to achieve the

appropriate balance between reporting burdens, the amount of time

needed for EPA to evaluate individual member substances, and protection

of public health and welfare and the environment. In particular, EPA

has chosen the variation of Option 5 under which the Agency assigns no

RQ to the category but identifies, designates, and assigns RQs to

certain individual substances within the category at a later date.

Thus, reporting will be required for these substances, but not for

other substances within the categories that do not merit separate

CERCLA listing. This process of identifying member substances and

assigning RQs will require a considerable amount of time and Agency

resources, which will vary depending on the number of substances

designated. The major advantage of this variation of Option 5 is that

reports to the National Response Center will be limited to information

that specifically applies to substances that have been evaluated and

for which a determination has been made that they should be

individually listed in Table 302.4 of 40 CFR part 302.

It is important to note that CERCLA liability continues to apply to

releases of all compounds within each category, even if these compounds

are not listed separately in Table 302.4 and, therefore, RQs have not

been assigned. Parties responsible for releases of hazardous substances

that fall under any of the five CAA broad generic categories are liable

for the costs associated with cleanup and any natural resource damages

resulting from the release.

2. Definition and Scope of the Categories

Five commenters noted that certain footnotes from the CAA

Amendments of 1990 that apply to three of the five CAA broad generic

categories (glycol ethers, fine mineral fibers, and polycyclic organic

matter) were not included in the October 22, 1993 NPRM. The commenters

asserted that, without these footnotes, the listings for these three

categories in Table 302.4 of 40 CFR 302.4 would be unclear and subject

to different interpretations. For this reason, the commenters urged EPA

to include the footnotes to these three CAA categories in the

regulatory list of CERCLA hazardous substances (i.e., Table 302.4).

In the October 22, 1993 NPRM, the Agency intended that the proposed

listings in Table 302.4 of 40 CFR 302.4 for these hazardous air

pollutants (including the five CAA broad generic categories) be the

same as the listings for these substances in the CAA Amendments

(subject to clarification by regulations implementing these

amendments). As the commenters correctly note, footnotes 2, 3, and 4 in

the CAA Amendments that limit the CAA section 112 listings of ``glycol

ethers,'' ``fine mineral fibers,'' and ``polycyclic organic matter,''

respectively, also apply to these same listings in Table 302.4. To

clarify this issue in today's final rule, EPA is revising the three

category listings (glycol ethers,\2\ fine mineral fibers,\3\ and

polycyclic organic matter \4\) proposed in [[Page 30934]] the October

22, 1993 NPRM to add the applicable footnotes from the CAA Amendments

of 1990:

\2\ Includes mono- and di- ethers of ethylene glycol, diethylene

glycol, and triethylene glycol R-(OCH2CH2)n-OR' where

n = 1, 2, or 3

R = alkyl or aryl groups

R'= R, H, or groups which, when removed, yield glycol ethers

with the structure: R-(OCH2CH2)n-OH.26 Polymers are

excluded from the glycol category.

\26\ The Agency would like to note that a typographical error

has been made in the second mention of the chemical formula for

glycol ethers in footnote 2 from the CAA Amendments. This formula

appears in the CAA Amendments as ``R-(OCH2CH)n-OH.'' In Table

302.4 of today's final rule, an additional ``2'' has been added

within the parentheses; thus, the formula in the regulation will

read ``R-(OCH2CH2)n-OH,'' rather than the way it appears in the

CAA Amendments.

---------------------------------------------------------------------------

\3\ Includes mineral fiber emissions from facilities

manufacturing or processing glass, rock, or slag fibers (or other

mineral derived fibers) of average diameter 1 micrometer or less.

\4\ Includes organic compounds with more than one benzene ring,

and which have a boiling point greater than or equal to 100 deg.C.

(42 U.S.C.A. 7412 (b)(1))

EPA believes that such clarification will assist persons in charge

of vessels and facilities in determining whether a release contains a

substance within these three CAA categories and, thus, a CERCLA

hazardous substance subject to liability, response, and abatement

provisions under CERCLA.

Some commenters asserted that, even with the inclusion of these

footnotes from the CAA Amendments of 1990, the definitions of the

glycol ethers, fine mineral fibers, and polycyclic organic matter

categories are overly broad. The Agency agrees that, although the

categories have been partially limited in definition and scope by the

footnotes noted above, the categories remain broad. The only action EPA

is taking in this rulemaking is to codify the listings of polycyclic

organic matter, glycol ethers, and fine mineral fibers on the

regulatory list of hazardous substances in Table 302.4 of 40 CFR 302.4.

Any further clarification of the definitions of these categories would

more appropriately be addressed under regulations implementing CAA

section 112.27

\27\ For detailed responses to specific comments on the scope of

these five CAA categories, see Section III.A of the responses to

comments document for this rulemaking, available for inspection at

the CERCLA Docket Office, Crystal Gateway #1, 12th Floor, 1235

Jefferson Davis Highway, Arlington, VA 22202.

---------------------------------------------------------------------------

Four commenters concluded that, because of the footnote limiting

the definition of the category fine mineral fibers, refractory ceramic

fibers (RCF) and other manmade vitreous fibers (MMVF) are not within

the scope of the category and, thus, are not CERCLA hazardous

substances. Provided RCF and other MMVF have an average diameter larger

than one micrometer, the Agency agrees that these substances would not

fall within the fine mineral fibers category under CERCLA and, thus,

would not be subject to release reporting and liability requirements.

Should RCF or other MMVF, however, have an average diameter of one

micrometer or less, these substances would be considered hazardous

substances and, therefore, would be subject to CERCLA requirements.

One of these four commenters requested that any CERCLA listing of

MMVF, including RCF, apply only to air emissions and should not include

releases to water or land. The commenter stated that EPA's CERCLA

listing for asbestos appears to provide a precedent for its recommended

approach. EPA disagrees with the commenter's recommendation because

CERCLA regulates releases of hazardous substances to all environmental

media. For example, the listing of asbestos as a CERCLA hazardous

substance encompasses all forms of this substance; it is only the

reporting requirement that is limited to releases of ``friable'' forms

of asbestos. Nevertheless, releases of ``friable'' asbestos to

environmental media other than air remain subject to CERCLA reporting

requirements and any releases of asbestos remain subject to the

liability scheme under CERCLA. Similarly, releases of fine mineral

fibers that are listed individually in Table 302.4 into any

environmental medium are subject to reporting and releases of any fine

mineral fibers that fall within the CAA fiber-size limitation (one

micrometer or less) to any environmental medium are subject to CERCLA's

liability scheme.

Owners and operators of underground storage tanks containing

substances that may fall within the five CAA broad generic categories

have requested guidance regarding the scope of these categories to

assist them in determining whether they are regulated under RCRA

Subtitle I. For an underground storage tank to fall under the

regulatory jurisdiction of RCRA Subtitle I, the tank must store a

``regulated substance.'' The term regulated substance is defined as

petroleum and CERCLA hazardous substances, as defined in CERCLA section

101(14) (excluding RCRA hazardous wastes) (see 40 CFR 280.12). To

assist in determining whether particular substances stored are members

of the CAA categories and, therefore, are CERCLA hazardous substances

subject to the RCRA Subtitle I underground storage tank regulations,

owners and operators may refer to the definitions of these categories

in section 112 of the CAA. Appropriate Agency offices will coordinate

to develop a process to further assist owners and operators in making

this determination.

3. Other Issues

Three commenters requested that EPA identify by Chemical Abstract

Service Registry Number (CASRN) the substances within the CAA broad

generic categories for which releases must be reported. EPA's choice of

Option 5 satisfies this request. Because EPA is assigning no RQ to

these five categories, only releases of substances individually listed

with an RQ and CASRN in Table 302.4 require CERCLA notification.

Therefore, in effect, EPA already has identified by CASRN in Table

302.4 the CERCLA hazardous substances for which releases must be

reported.

Another commenter suggested that, because categories may not be

identical in potential hazard, different reporting options may be

suitable for different categories. The Agency does not agree that

implementing differing approaches to reporting requirements for the

different broad generic categories is warranted. The main similarity

among the categories is that each contains hundreds or thousands of

substances with varying toxicities. Based on this similarity, and on a

variety of other factors considered by the Agency (see Section II.C.1

for a discussion of these factors), EPA decided that assigning a single

RQ to a particular category is inappropriate for all five categories.

Thus, for each of the five CAA categories, the Agency is assigning no

RQ.

A different commenter suggested that overreporting would result if

EPA were to assign an RQ for only a few specific compounds within a

category. EPA disagrees with this assertion. In an April 4, 1985 final

rule (50 FR 13456), and in several subsequent final rules, the Agency

assigned adjusted RQs to specific substances that are listed

individually in Table 302.4 and that also fall within the broad generic

categories listed under CWA section 307(a). Adjusted RQs for some of

these individually listed CWA substances have been in place for nearly

10 years. Based on the number of releases of these individually listed

CWA substances that have been reported to the National Response Center,

there is no indication that overreporting has resulted in the case of

the CWA broad generic categories. Similarly, EPA does not believe that

overreporting would occur [[Page 30935]] for the CAA broad generic

categories if the Agency, as a result of its evaluation of the CAA

categories, chooses to list specific substances within the categories

and assign RQs to these substances.

The same commenter asserted that, if EPA assigned an RQ to only one

compound within a CAA broad generic category, a facility could be out

of compliance if it chose not to report a release of that compound. In

fact, each of the five CAA broad generic categories in today's final

rule contains at least one substance that already is individually

listed as a CERCLA hazardous substance with an RQ in Table 302.4.

Examples of separately listed CERCLA hazardous substances that are

members of the categories include cobaltous bromide (cobalt compounds),

2-ethoxyethanol (glycol ethers), potassium permanganate (manganese

compounds), asbestos (fine mineral fibers), and benzo[a]pyrene

(polycyclic organic matter). Under CERCLA section 103, releases equal

to or greater than the RQs for these hazardous substances must be

reported to the National Response Center as soon as the person in

charge has knowledge of the release. Thus, EPA agrees with the

commenter's assessment that a facility would be out of compliance if it

failed to report a release of an RQ or more of an individually listed

substance within any of the CAA broad generic categories.

In addition, the same commenter noted that, if a facility has no

knowledge of the specific compounds released, then only the CAA broad

generic category reporting requirement (i.e., no RQ for the category)

would apply. This assertion, however, is inaccurate with respect to

releases of hazardous substances that are within one of the generic

listings and that also are individually listed in Table 302.4 with

corresponding RQs.

Under CERCLA section 103(a), notification must occur when the

person in charge of a facility has knowledge of a release of such a

hazardous substance in an amount that equals or exceeds an RQ. This

includes individually listed hazardous substances within the CAA broad

generic categories. The determination of whether the person in charge

has knowledge depends on the actions that a person in that position

could reasonably be expected to take under the circumstances. In

evaluating possible enforcement proceedings for failure to comply with

the CERCLA section 103 reporting requirement, the Agency's

determination whether the person in charge had knowledge will be made

on a case-by-case basis. EPA believes that the most prudent course of

action for the person in charge would be to identify the substance(s)

being released and to determine if the amount of the substance(s)

released equals or exceeds an RQ. The Agency believes that this

approach on the part of persons in charge would also help to avoid

overreporting.

A different commenter expressed confusion because EPA failed to

mention, in the October 22, 1993 NPRM, the commenter's 1992 petition to

designate and assign RQs to about 20 ethylene glycol ethers within the

larger CAA category of glycol ethers.28 When the proposed rule was

published, however, the Agency was still evaluating various options for

applying reporting requirements to the five CAA broad generic

categories, including ``glycol ethers.'' Only after receiving and

evaluating comments on the five options presented in the October 22,

1993 NPRM, did the Agency decide to select Option 5. EPA believes that

responding to the commenter's petition to adjust RQs of substances

within the glycol ethers category, prior to an Agency decision on the

appropriate reporting requirements for the category, would have been

premature and might have led to confusion within the regulated

community about what reporting requirements apply to the CAA category

of glycol ethers. Following promulgation of today's final rule,

however, EPA will begin to evaluate the data submitted by the commenter

to determine whether individual listing in Table 302.4 and RQ

adjustment of specific ethylene glycol ethers is warranted under the

selected Option 5.

\28\ Petition to Adjust the Reportable Quantity for Glycol

Ethers under CERCLA Section 102. July 8, 1992. From Gordon D.

Strickland, Chemical Manufacturers Association to Barbara Hostage,

Emergency Response Division, U.S. EPA.

---------------------------------------------------------------------------

Two commenters suggested that EPA could establish subcategories

within the CAA broad generic categories, and assign separate RQs to the

subcategories. For example, one commenter suggested that EPA assign a

low RQ to the subcategory of carcinogenic polynuclear aromatic

hydrocarbons (PAHs) within the larger CAA category of polycyclic

organic matter, and a higher RQ for non-carcinogenic PAHs. EPA

appreciates the commenters' suggestion and may consider using these

subcategories in any future determination of whether individual listing

in Table 302.4 and RQ adjustment of specific PAHs (or subcategories of

PAHs) is warranted.

One commenter claimed that only individual chemicals listed under

CAA section 112 are CERCLA hazardous substances, and that CAA category

members not otherwise listed under CERCLA need not be reported at the

one-pound level. The Agency disagrees with the commenter's assertion

that the one-pound statutory RQs did not require reporting of

substances (other than those listed separately in Table 302.4) within

the CAA categories prior to this final rule. CERCLA section 101(14)(E)

states that the term ``hazardous substance'' includes ``any hazardous

air pollutant listed under section 112 of the Clean Air Act.'' Thus,

the CAA categories automatically became hazardous substances by virtue

of their listing as hazardous air pollutants under CAA section 112.

CERCLA section 102(b) provides that an RQ of one pound applies to

hazardous substances (which include the CAA hazardous air pollutants)

until this RQ is adjusted by regulation. All substances within the

categories, as well as the categories themselves, are CERCLA hazardous

substances. Therefore, during the period beginning with the signing of

the CAA Amendments of 1990 and ending with the effective date of

today's final rule, the one-pound statutory RQs for the categories have

applied to all substances within the categories.

One commenter requested that the Agency consider a low-percentage

threshold for the CAA categories below which a component of a mixture

may be excluded from regulation. Unless permitted or exempted, the

release of an RQ or more of a hazardous substance must be reported,

regardless of the concentration of the substance released. Notification

of releases of hazardous substances that equal or exceed an RQ, even

those with relatively low concentrations, is mandated by CERCLA and EPA

believes that such reports are essential to allow government personnel

to decide whether a response action is necessary to protect public

health or welfare or the environment.29

\29\ For detailed responses to comments on other issues related

to the five CAA broad generic categories, see Section III.C of the

responses to comments document for this rulemaking, available for

inspection at the CERCLA Docket Office, Crystal Gateway #1, 12th

Floor, 1235 Jefferson Davis Highway, Arlington, VA 22202.

---------------------------------------------------------------------------

D. Delisting Petition for Caprolactam

Two commenters requested that EPA respond to a delisting petition

for caprolactam submitted on July 19, 1993. One of the commenters

asserted that, ``upon the removal of caprolactam from the [CAA section

112] list of `hazardous air pollutants,' caprolactam will no longer be

a CERCLA `hazardous substance' under CERCLA Sec. 101(14) * * *''

This assertion, however, is not a complete characterization of the

CERCLA authority for listing [[Page 30936]] caprolactam as a hazardous

substance. As the commenter correctly notes, caprolactam is included in

the definition of ``hazardous substance'' because it has been listed as

a hazardous air pollutant under the CAA, and CERCLA section 101(14)(E)

incorporates by reference any hazardous air pollutant listed under

section 112 of the CAA. The commenter has failed to mention, however,

that under CERCLA section 101(14)(B), the term ``hazardous substance''

also includes ``* * * any element, compound, mixture, solution, or

substance designated pursuant to section 102 of [CERCLA] * * *.''

CERCLA section 102(a) authorizes EPA to designate as hazardous and

assign RQs to those substances which, when released into the

environment, may present substantial danger to the public health or

welfare or the environment.

Furthermore, the regulations governing designation of hazardous

substances (40 CFR 302.4(a)) provide that ``[t]he elements and

compounds and hazardous wastes appearing in Table 302.4 are designated

as hazardous substances under section 102(a) of [CERCLA].'' Thus, once

a hazardous substance listed under any of the statutes referred to in

CERCLA section 101(14) is added to the regulatory list at 40 CFR 302.4,

that substance automatically is also designated as a hazardous

substance under CERCLA section 102(a). As the commenter acknowledges,

caprolactam has been proposed to be added to the list at 40 CFR 302.4;

therefore, upon the effective date of this final rule, caprolactam is

also designated as a hazardous substance under CERCLA section 102(a),

not only under section 101(14)(E).

If the commenter is correct that its petition to delist caprolactam

under CAA section 112 will be granted,30 then EPA would evaluate

caprolactam to determine whether there is any independent basis for

retaining this substance as hazardous under section 102(a) of CERCLA

and 40 CFR 302.4(a). If EPA determines that there is no independent

basis for retaining caprolactam in Table 302.4, it may be possible to

delete caprolactam from the CERCLA list of hazardous substances

simultaneously with delisting under the CAA.

\30\ CAA section 112(b)(3)(C) requires delisting of a hazardous

air pollutant if EPA finds ``that there is adequate data on the

health and environmental effects [of the substance] to determine

that emissions, ambient concentrations, bioaccumulation or

deposition of the substance may not reasonably be anticipated to

cause any adverse effects to the human health or adverse

environmental effects.'' EPA has not yet issued a final

determination whether the petition to delist caprolactam meets the

CAA delisting criteria.

---------------------------------------------------------------------------

In addition, the commenter cited a May 25, 1983 proposed rule (48

FR 23554), in which EPA suggested that changes to lists of substances

under statutes incorporated in the CERCLA definition of a hazardous

substance (CERCLA section 101(14)) would be reflected simultaneously on

the CERCLA list of hazardous substances in Table 302.4 at 40 CFR 302.4.

In the April 4, 1985 final rule (50 FR 13456), however, EPA modified

this previous policy by providing that all hazardous substances in

Table 302.4 are also designated under CERCLA section 102(a) (see 40 CFR

302.4(a)). Thus, even if substances are removed from lists under other

statutes referred to in CERCLA section 101(14), these substances may

remain in Table 302.4 by virtue of their designation under CERCLA

section 102(a). Because of the CERCLA section 102(a) designation

reflected in 40 CFR 302.4(a), the Agency does not believe that changes

to lists of substances under statutes listed in CERCLA section 101(14)

necessarily require simultaneous changes to Table 302.4.

III. Changes to List of Hazardous Substances and Their RQs

To show more clearly the two types of changes to the list of CERCLA

hazardous substances resulting from the addition of the CAA Amendments

hazardous air pollutants and the RCRA hazardous wastes, EPA proposed in

the October 22, 1993 NPRM, and is promulgating in today's final rule

two sets of revisions to Table 302.4 of 40 CFR 302.4. One set of

revisions contains the new listings for the CAA Amendments hazardous

air pollutants (including the revised cresols and xylenes entries) and

the RCRA hazardous wastes, including final RQs for these substances.

The other set of revisions adds a new statutory source code for certain

hazardous substances that were already on the CERCLA list (e.g.,

acetaldehyde and acetonitrile) to indicate that, as a result of their

listing as hazardous air pollutants in the CAA Amendments, an

additional statutory source for designation of these hazardous

substances is CAA section 112.

IV. Changes to 40 CFR Parts 355 and 117

Appendices A and B of 40 CFR part 355, which list extremely

hazardous substances (EHSs) and their threshold planning quantities

(TPQs) under EPCRA, also show the RQs for EHSs. Five of the new CAA

hazardous air pollutants whose RQs are adjusted today are also EHSs.

These substances are chloroacetic acid, hydroquinone, beta-

propiolactone, titanium tetrachloride, and o-cresol. This rule

promulgates 100-pound RQ adjustments for chloroacetic acid,

hydroquinone, and o-cresol, a 10-pound RQ adjustment for beta-

propiolactone, and a 1,000-pound RQ adjustment for titanium

tetrachloride. Therefore, to reflect fully the RQ adjustments for these

five substances, EPA today is revising Appendices A and B of 40 CFR

part 355 to include these new adjusted RQs.

EPA also is amending the RQs for ``cresol'' and ``xylene (mixed)''

in Table 117.3 of 40 CFR part 117 to be consistent with the CERCLA RQs.

Table 117.3, the list of CWA hazardous substances and their RQs,

currently contains listings for ``cresol'' and ``xylene (mixed),'' each

with an RQ of 1,000 pounds. ``Cresol'' and ``xylene (mixed)'' are

included in Table 117.3 because they were originally listed as

hazardous substances under CWA section 311(b)(4).

V. Regulatory Analyses

A. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the

Agency must determine whether the regulatory action is ``significant''

and, therefore, subject to review by the Office of Management and

Budget (OMB) and the requirements of the Executive Order. The Order

defines ``significant regulatory action'' as one that is likely to

result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more,

or adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

It has been determined that this final rule is not a ``significant

regulatory action'' under the terms of Executive Order 12866 and is

therefore not subject to OMB review. An economic analysis performed by

EPA \31\ shows that this [[Page 30937]] final rule will result in a net

cost savings of approximately $500,000 annually, and does not result in

any of the other effects that define a significant regulatory action.

In this final rule, RQs for 44 of the 47 individual hazardous air

pollutants and three of the 11 RCRA wastes are raised. In addition, as

noted in Section II.C.1 of this preamble, EPA is assigning no RQ level

to the five broad generic categories of hazardous air pollutants. The

RQs of the cresols and xylenes categories and the five hazardous wastes

with RQs based on the RQ for cresols are being lowered from previously

adjusted levels. The estimated net effect of these changes will be to

reduce by approximately 1,300 the number of reportable releases for

these hazardous substances each year (see the economic analysis

mentioned above). The estimated $500,000 net cost savings reflects only

those effects of the RQ adjustments that are readily quantifiable in

dollars and are associated with the release notification requirements

under section 103 of CERCLA and section 304 of EPCRA (including the

associated activities of recordkeeping, notification processing,

monitoring, and response).

\31\ See the Economic Impact Analysis of Reportable Quantity

Adjustments for CAA Hazardous Air Pollutants and RCRA Hazardous

Wastes, Volume VI, available for inspection at the CERCLA Docket

Office, Crystal Gateway #1, 12th Floor, 1235 Jefferson Davis

Highway, Arlington, VA 22202.

---------------------------------------------------------------------------

B. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 requires that a Regulatory

Flexibility Analysis be performed for all rules that are likely to have

a ``significant impact on a substantial number of small entities.'' If

this criterion is met, the Agency must conduct a Regulatory Flexibility

Analysis to examine ways its regulation could be modified to mitigate

these adverse impacts. A Regulatory Flexibility Analysis is not

necessary for this final rule, because the upper-bound total cost of

compliance to small firms is negligible.\32\ In fact, as noted in

Section V.A. of today's preamble, the Agency anticipates that raising

most of the statutory one-pound RQs for the hazardous air pollutants,

as well as assigning no RQ to the five CAA categories in this rule,

will result in a net cost savings. Therefore, EPA hereby certifies that

today's final rule is not likely to have a significant impact on a

substantial number of small entities. As a result, no Regulatory

Flexibility Analysis is necessary.

\32\ See the Regulatory Impact Analysis of Reportable Quantity

Adjustments Under Sections 102 and 103 of the Comprehensive

Environmental Response, Compensation, and Liability Act, Volume I,

March 1985, available for inspection at the CERCLA Docket Office,

Crystal Gateway #1, 12th Floor, 1235 Jefferson Davis Highway,

Arlington, VA 22202.

---------------------------------------------------------------------------

C. Paperwork Reduction Act

The information collection requirements contained in this final

rule have been approved by OMB under the provisions of the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq., and have been assigned OMB

control number 2050-0046. The public reporting burden for the

collection of information pursuant to CERCLA section 103 is estimated

to take, on average, 4.1 hours per response. This estimate includes the

determination whether a release requires a report to the National

Response Center, the time required to make the call, and the time

required to maintain a log of any calls made to government

organizations.

Because the RQs for almost all of the substances included in

today's final rule are being raised, the net reporting and

recordkeeping burden associated with reporting releases of these

substances under CERCLA section 103 is expected to decrease. As noted

in the economic impact analysis supporting today's final rule, EPA

estimates that the annual reporting and recordkeeping burdens

associated with reports to the National Response Center will be reduced

by more than 5,300 hours as a result of these RQ adjustments.

Send comments regarding the burden estimate or any other aspect of

this collection of information, including suggestions for reducing this

burden, to Chief, Information Policy Branch, Mail Code 2136, U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460; and to the Office of Information and Regulatory Affairs, Office

of Management and Budget, Washington, DC 20503, marked ``Attention:

Desk Officer for EPA.''

D. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must prepare a statement to

accompany any rule in which the estimated costs to State, local, or

tribal governments in the aggregate, or to the private sector, will be

$100 million or more in any one year. Under section 205 of this Act,

EPA must select the most cost-effective and least-burdensome

alternative that achieves the objective of the rule and that is

consistent with statutory requirements. Section 203 of the Act requires

EPA to establish a plan for informing and advising any small

governments that may be significantly impacted by the rule.

EPA has determined that this final rule does not include a Federal

mandate that may result in estimated costs of $100 million or more to

either State, local, or tribal governments in the aggregate, or to the

private sector.

List of Subjects

40 CFR Part 117

Environmental protection, Hazardous substances, Penalties,

Reporting and recordkeeping requirements, Water pollution control.

40 CFR Part 302

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 wastes, Intergovernmental relations, Natural

resources, Pesticides and pests, Reporting and recordkeeping

requirements, Superfund, Waste treatment and disposal, Water pollution

control, Water supply.

40 CFR Part 355

Air pollution control, Chemical accident prevention, Chemical

emergency preparedness, Chemicals, Community emergency response plan,

Community right-to-know, Contingency planning, Disaster assistance,

Emergency Planning and Community Right-to-Know Act, Extremely hazardous

substances, Hazardous substances, Intergovernmental relations, Natural

resources, Penalties, Reportable quantity, Reporting and recordkeeping

requirements, Superfund Amendments and Reauthorization Act, Threshold

planning quantity, Water pollution control, Water supply.

Dated: May 23, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, Chapter I of title 40 of

the Code of Federal Regulations is amended as follows:

PART 117--DETERMINATION OF REPORTABLE QUANTITIES FOR HAZARDOUS

SUBSTANCES

1. The authority citation for part 117 continues to read as

follows:

Authority: Secs. 311 and 501(a), Federal Water Pollution Control

Act (33 U.S.C. 1251 et seq.), (``the Act'') and Executive Order

11735, superseded by Executive Order 12777, 56 FR 54757.

2. Section 117.3 is amended by revising the entries in the

``category'' column and in the ``RQ in pounds (kilograms)'' column for

``cresol'' and ``xylene (mixed)'' in Table 117.3 from

[[Page 30938]] ``C'' to ``B'' and from ``1,000 (454)'' to ``100

(45.4),'' respectively, as set forth below:

Sec. 117.3 Determination of Reportable Quantities.

* * * * *

Table 117.3.--Reportable Quantities of Hazardous Substances Designated

Pursuant to Section 311 of the Clean Water Act

* * * * *

------------------------------------------------------------------------

RQ in

Material Category pounds

(kilograms)

------------------------------------------------------------------------

* * * * *

Cresol....................... B........................... 100 (45.4)

* * * * *

Xylene (mixed)............... B........................... 100 (45.4)

* * * * *

------------------------------------------------------------------------

* * * * *

PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

3. The authority citation for part 302 continues to read as

follows:

Authority: 42 U.S.C. 9602, 9603, 9604; 33 U.S.C. 1321 and 1361.

4. Section 302.4 is amended by adding the following new entries to

Table 302.4 and its Appendix A, and by adding footnotes ``a'' and ``b''

to Table 302.4 as set forth below:

Sec. 302.4 Designation of hazardous substances.

* * * * *

Table 302.4--List of Hazardous Substances and Reportable Quantities

[Note: All Comments/Notes Are Located at the End of This Table]

--------------------------------------------------------------------------------------------------------------------------------------------------------

Statutory Final RQ

---------------------------------------------------------------------------

Hazardous substance CASRN Regulatory synonyms RCRA waste

RQ Code No. Category Pounds (Kg)

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Acetamide...................... 60355 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

4-Aminobiophenyl............... 92671 .............................. 1* 3 ............. X 1 (0.454)

* * * * * * *

o-Anisidine.................... 90040 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Benzene a...................... (*)

* * * * * * *

Benzene, dimethyl-............. 1330207 Xylene, Xylene (mixed), 1000 1,3,4 U239 B 100 (45.4)

Xylenes (isomers and mixture).

Benzene,m-dimethyl-............ 108383 m-Xylene...................... 1* 3 ............. C 1000 (454)

Benzene, o-dimethyl-........... 95476 o-Xylene...................... 1* 3 ............. C 1000 (454)

Benzene, p-dimethyl-........... 106423 p-Xylene...................... 1* 3 ............. B 100 (45.4)

* * * * * * *

Biphenyl....................... 92524 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

1,3-Butadiene.................. 106990 .............................. 1* 3 ............. A 10 (4.54)

* * * * * * *

Calcium cyanamide.............. 156627 .............................. 1* 3 ............. C 1000 (454)

* * * * * * *

Caprolactam.................... 105602 .............................. 1* 3 ............. D 5000 (2270)

* * * * * * *

Carbonyl sulfide............... 463581 .............................. 1* 3 ............. B 100 (45.4)

Catechol....................... 120809 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Chloramben..................... 133904 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Chloroacetic acid.............. 79118 .............................. 1* 3 ............. B 100 (45.4)

2-Chloroacetophenone........... 532274 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Chloroprene.................... 126998 .............................. 1* 3 ............. B 100 (45.4)

[[Page 30939]]

* * * * * * *

Cobalt compounds............... N.A. .............................. 1* 3 ............. ............. (**)

* * * * * * *

Cresols (isomers and mixture).. 1319773 Cresylic acid (isomers and 1000 1,3,4 U052 B 100 (45.4)

mixture) Phenol, methyl.

m-Cresol....................... 108394 m-Cresylic acid............... 1* 3 ............. B 100 (45.4)

o-Cresol....................... 95487 o-Cresylic acid............... 1* 3 ............. B 100 (45.4)

p-Cresol....................... 106445 p-Cresylic acid............... 1* 3 ............. B 100 (45.4)

Cresylic acid (isomers and 1319773 Cresols (isomers and mixture) 1000 1,3,4 U052 B 100 (45.4)

mixture). Phenol, methyl.

m-Cresylic acid................ 108394 m-Cresol...................... 1* 3 ............. B 100 (45.4)

o-Cresylic acid................ 95487 o-Cresol...................... 1* 3 ............. B 100 (45.4)

p-Cresylic acid................ 106445 p-Cresol...................... 1* 3 ............. B 100 (45.4)

* * * * * * *

DDET b......................... 3547044 .............................. 1* 3 ............. D 5000 (2270)

* * * * * * *

Diazomethane................... 334883 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Dibenzofuran................... 132649 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Diethanolamine................. 111422 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

N,N-Diethylaniline............. 91667 .............................. 1* 3 ............. C 1000 (454)

* * * * * * *

Diethyl sulfate................ 64675 .............................. 1* 3 ............. A 10 (4.54)

* * * * * * *

N,N-Dimethylaniline............ 121697 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Dimethylformamide.............. 68122 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

1,2-Epoxybutane................ 106887 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Ethylene glycol................ 107211 .............................. 1* 3 ............. D 5000 (2270)

* * * * * * *

Fine mineral fibers c.......... N.A. .............................. 1* 3 ............. ............. (**)

* * * * * * *

Glycol ethers d................ N.A. .............................. 1* 3 ............. ............. (**)

* * * * * * *

Hexamethylene-1,6-diisocyanate. 822060 .............................. 1* 3 ............. B 100 (45.4)

Hexamethylphosphoramide........ 680319 .............................. 1* 3 ............. X 1 (0.454)

Hexane......................... 110543 .............................. 1* 3 ............. D 5000 (2270)

* * * * * * *

Hydroquinone................... 123319 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Manganese Compounds............ N.A. .............................. 1* 3 ............. ............. (**)

[[Page 30940]]

* * * * * * *

MDI............................ 101688 Methylene diphenyl 1* 3 ............. D 5000 (2270)

diisocyanate.

* * * * * * *

4,4'-Methylenedianiline........ 101779 .............................. 1* 3 ............. A 10 (4.54)

Methylene diphenyl diisocyanate 101688 MDI........................... 1* 3 ............. D 5000 (2270)

* * * * * * *

Methyl tert-butyl ether........ 1634044 .............................. 1* 3 ............. C 1000 (454)

* * * * * * *

4-Nitrobiphenyl................ 92933 .............................. 1* 3 ............. A 10 (4.54)

* * * * * * *

N-Nitrosomorpholine............ 59892 .............................. 1* 3 ............. X 1 (0.454)

* * * * * * *

Phenol, methyl-................ 1319773 Cresols (isomers and mixture) 1000 1,3,4 U052 B 100 (45.4)

Cresylic acid (isomers and

mixture).

* * * * * * *

p-Phenylenediamine............. 106503 .............................. 1* 3 ............. D 5000 (2270)

* * * * * * *

Polycyclic Organic Matter e.... N.A. .............................. 1* 3 ............. ............. (**)

* * * * * * *

beta-Propiolactone............. 57578 .............................. 1* 3 ............. A 10 (4.54)

* * * * * * *

Propionaldehyde................ 123386 .............................. 1* 3 ............. C 1000 (454)

* * * * * * *

Propoxur (Baygon).............. 114261 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Styrene oxide.................. 96093 .............................. 1* 3 ............. B 100 (45.4)

* * * * * * *

Titanium tetrachloride......... 7550450 .............................. 1* 3 ............. C 1000 (454)

* * * * * * *

Trifluralin.................... 1582098 .............................. 1* 3 ............. A 10 (4.54)

* * * * * * *

2,2,4-Trimethylpentane......... 540841 .............................. 1* 3 ............. C 1000 (454)

* * * * * * *

Unlisted Hazardous Wastes N.A. .............................. 1* 4 ............. ............. .................

Characteristics:.

Characteristics of Toxicity:

* * * * * * *

o-Cresol (D023)............ N.A. .............................. 1* 4 D023 B 100 (45.4)

m-Cresol (D024)............ N.A. .............................. 1* 4 D024 B 100 (45.4)

p-Cresol (D025)............ N.A. .............................. 1* 4 D025 B 100 (45.4)

Cresol (D026).............. N.A. .............................. 1* 4 D026 B 100 (45.4)

* * * * * * *

Vinyl bromide.................. 593602 .............................. 1* 3 ............. B 100 (45.4)

[[Page 30941]]

* * * * * * *

Xylene......................... 1330207 Benzene, dimethyl-Xylene 1000 1,3,4 U239 B 100 (45.4)

(mixed), Xylenes (isomers and

mixture).

m-Xylene....................... 108383 Benzene, m-dimethyl-.......... 1* 3 ............. C 1000 (454)

o-Xylene....................... 95476 Benzene, o-dimethyl-.......... 1* 3 ............. C 1000 (454)

p-Xylene....................... 106423 Benzene, p-dimethyl-.......... 1* 3 ............. B 100 (45.4)

Xylene (mixed)................. 1330207 Benzene, dimethyl-Xylene 1000 1,3,4 U239 B 100 (45.4)

Xylenes (isomers and mixture).

Xylenes (isomers and mixture).. 1330207 Benzene, dimethyl-Xylene 1000 1,3,4 U239 B 100 (45.4)

Xylene (mixed).

F004........................... ........... .............................. 1* 4 F004 B 100(45.4)

The following spent non-

halogenated solvents and the

still bottoms from the

recovery of these solvents:

(a) Cresols/Cresylic acid.. 1319773 .............................. 1000 1,3,4 U052 B 100(45.4)

(b) Nitrobenzene........... 98953 .............................. 1000 1,2,4 U169 C 1000(454)

* * * * * * *

F025........................... ........... .............................. 1* 4 F025 X 1(0.454)

Condensed light ends, spent

filters and filter aids, and

spent desiccant wastes from

the production of certain

chlorinated aliphatic

hydrocarbons, by free radical

catalyzed processes. These

chlorinated aliphatic

hydrocarbons are those having

carbon chain lengths ranging

from one to and including

five, with varying amounts and

positions of chlorine

substitution

* * * * * * *

F037........................... ........... .............................. 1* 4 F037 X 1(0.454)

[[Page 30942]]

Petroleum refinery primary oil/

water/solids separation

sludge--Any sludge generated

from the gravitational

separation of oil/water/solids

during the storage or

treatment of process

wastewaters from petroleum

refineries. Such sludges

include, but are not limited

to, those generated in: oil/

water/solids separators; tanks

and impoundments; ditches and

other conveyances; sumps; and

stormwater units receiving dry

weather flow. Sludge generated

in stormwater units that do

not receive dry weather flow,

sludges generated from non-

contact once-through cooling

waters segregated for

treatment from other process

or oily cooling waters,

sludges generated in

aggressive biological

treatment units as defined in

Sec. 261.31(b)(2) (including

sludges generated in one or

more additional units after

wastewaters have been treated

in aggressive biological

treatment units) and K051

wastes are not included in

this listing

F038........................... ........... .............................. 1* 4 F038 X 1(0.454)

[[Page 30943]]

Petroleum refinery secondary

(emulsified) oil/water/solids

separation sludge--Any sludge

and/or float generated from

the physical and/or chemical

separation of oil/watersolids

in process wastewaters and

oily cooling wastewaters from

petroleum refineries. Such

wastes include, but are not

limited to, all sludges and

floats generated in: induced

air flotation (IAF) units;

tanks and impoundments, and

all sludges generated in

DAFunits. Sludges generated in

stormwater units that do not

receive dry weather flow,

sludges generated from once-

through non-contact cooling

waters segregated for

treatment from other process

or oil cooling wastes, sludges

and floats generated in

aggressive biological

treatment units as defined in

Sec. 261.31(b)(2) (including

sludges and floats generated

in one or more additional

units after wastewaters have

been treated in aggressive

biological treatment units)

and F037, K048, and K051

wastes are not included in

this listing

* * * * * * *

K088........................... ........... .............................. 1* 4 K088 A 10 (4.54)

Spent potliners from primary

aluminum reduction

K090........................... ........... .............................. 1* 4 K090 A 10 (4.54)

Emission control dust or sludge

from ferrochromiumsilicon

production

K091........................... ........... .............................. 1* 4 K091 A 10 (4.54)

Emission control dust or sludge

from ferrochromium production

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Indicates the staturory source as defined by 1, 2, 3, and 4 below.

* * * * * * *

1- Indicates that the statutory source for designation of this hazardous substance under CERCLA is CWA section 311(b)(4).

2- Indicates that the statutory source for designation of this hazardous substance under CERCLA is CWA section 307(a).

[[Page 30944]]

3- Indicates that the statutory source for designation of this hazardous substance under CERCLA is CAA section 112.

4- Indicates that the statutory source for designation of this hazardous substance under CERCLA is RCRA section 3001.

1* Indicates that 1-pound RQ is CERCLA is statutory RQ.

* * * * * * *

** Indicates that no RQ is being assigned to the generic or broad class.

a Benzene was already a CERCLA hazardous substance prior to the CAA Amendments of 1990 and received an adjusted 10-pound RQ based on potential

carcinogenicity in an August 14, 1989, final rule (54 FR 33418). The CAA Amendments specify that ``benzene (including benzene from gasoline)'' is a

hazardous air pollutant and , thus, a CERCLA hazardous substance.

bThe CAA Amendments of 1990 list DDE (3547-04-4) as a CAA hazardous air pollutant. The CAS number, 3547-04-4, is for the chemical, p,p'-

dichlorodiphenylethane. DDE or p,p'-dichlorodiphenyldichloroethylene, CAS number 72-55-9, is already listed in Table 302.4 with a final RQ of 1 pound.

The substance identified by the CAS number 3547-04-4 has been evaluated and listed as DDE to be consistent with the CAA seciton 112 listing, as

amended.

c Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average

diameter 1 micrometer or less.

d Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)n-OR' where

n=1, 2, or 3

R=alkyl or aryl groups

R'=R, H, or groups which, when removed, yield glycol ethers with the structure: R-(OCH2CH2)nOH. Polymers are excluded from the glycol category.

e Includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100 deg.C.

5. Section 302.4 is also amended by revising the following existing

entries in Table 302.4 to add note ``3'' to the statutory code column

and to add the following regulatory synonyms as set forth below. In

addition, Appendix A to Table 302.4 is amended by revising the

following entries as set forth below:

Sec. 302.4 Designation of hazardous substances.

* * * * *

Table 302.4--List of Hazardous Substances and Reportable Quantities

[Note: All Comments/Notes Are Located at the End of This Table]

--------------------------------------------------------------------------------------------------------------------------------------------------------

Statutory Final RQ

---------------------------------------------------------------------------

Hazardous substance CASRN Regulatory synonyms RCRA waste

RQ Code No. Category Pounds (Kg)

--------------------------------------------------------------------------------------------------------------------------------------------------------

Acetaldehyde................... 75070 Ethanal....................... 1000 1,3,4 U001 C 1000 (454)

* * * * * * *

Acetamide, N-9H-fluoren-2-yl-.. 53963 2-Acetylaminofluorene......... 1* 3,4 U005 X 1 (0.454)

* * * * * * *

Acetic acid (2,4- 94757 2,4-D Acid,................... 100 1,3,4 U240 B 100 (45.4)

dichlorophenoxy)-, salts & 2,4-D,salts and esters

esters.

* * * * * * *

Acetonitrile................... 75058 .............................. 1* 3,4 U003 D 5000 (2270)

Acetophenone................... 98862 Ethanone, 1-phenyl-........... 1* 3,4 U004 D 5000 (2270)

2-Acetylaminofluorene.......... 53963 Acetamide, N-9H-fluoren-2-yl-. 1* 3,4 U005 X 1 (0.454)

* * * * * * *

Acrolein....................... 107028 2-Propenal.................... 1 1,2,3,4 P003 X 1 (0.454)

Acrylamide..................... 79061 2-Propenamide................. 1* 3,4 U007 D 5000 (2270)

Acrylic acid................... 79107 2-Propenoic acid.............. 1* 3,4 U008 D 5000 (2270)

Acrylonitrile.................. 107131 2-Propenenitrile.............. 100 1,2,3,4 U009 B 100 (45.4)

* * * * * * *

Allyl chloride................. 107051 .............................. 1000 1,3 ............. C 1000 (454)

* * * * * * *

Aniline........................ 62533 Benzenamine................... 1000 1,3,4 U012 D 5000 (2270)

* * * * * * *

ANTIMONY AND COMPOUNDS......... N.A. Antimony Compounds............ 1* 2,3 ............. ............. **

Antimony Compounds............. N.A. ANTIMONY AND COMPOUNDS........ 1* 2,3 ............. ............. **

* * * * * * *

Aroclor 1016................... 12674112 Aroclors...................... 10 1,2,3 ............. X 1 (0.454)

PCBs

POLYCHLORINATED BIPHENYLS

[[Page 30945]]

Aroclor 1221................... 11104282 Aroclors...................... 10 1,2,3 ............. X 1 (0.454)

PCBs

POLYCHLORINATED BIPHENYLS

Aroclor 1232................... 11141165 .............................. 10 1,2,3 ............. X 1 (0.454)

PCBs

POLYCHLORINATED BIPHENYLS

Aroclor 1242................... 53469219 Aroclors...................... 10 1,2,3 ............. X 1 (0.454)

PCBs

POLYCHLORINATED BIPHENYLS

Aroclor 1248................... 12672296 Aroclors...................... 10 1,2,3 ............. X 1 (0.454)

PCBs

POLYCHLORINATED BIPHENYLS

Aroclor 1254................... 11097691 Aroclors...................... 10 1,2,3 ............. X 1 (0.454)

PCBs

POLYCHLORINATED BIPHENYLS

Aroclor 1260................... 11096825 Aroclors...................... 10 1,2,3 ............. X 1 (0.454)

PCBs

POLYCHLORINATED BIPHENYLS

Aroclors....................... 1336363 PCBs.......................... 10 1,2,3 ............. X 1 (0.454)

POLYCHLORINATED BIPHENYLS

Aroclor 1016............... 12674112 .............................. 10 1,2,3 ............. X 1 (0.454)

Aroclor 1221............... 11104282 .............................. 10 1,2,3 ............. X 1 (0.454)

Aroclor 1232............... 11141165 .............................. 10 1,2,3 ............. X 1 (0.454)

Aroclor 1242............... 53469219 .............................. 10 1,2,3 ............. X 1 (0.454)

Aroclor 1248............... 12672296 .............................. 10 1,2,3 ............. X 1 (0.454)

Aroclor 1254............... 11097691 .............................. 10 1,2,3 ............. X 1 (0.454)

Aroclor 1260............... 11096825 .............................. 10 1,2,3 ............. X 1 (0.454)

* * * * * * *

ARSENIC AND COMPOUNDS.......... N.A. Arsenic Compounds (inorganic 1* 2,3 ............. ............. **

including arsine).

Arsenic Compounds (inorganic N.A. ARSENIC AND COMPOUNDS......... 1* 2,3 ............. ............. **

including arsine).

* * * * * * *

Aziridine...................... 151564 Ethyleneimine................. 1* 3,4 P054 X 1 (0.454)

Aziridine, 2-methyl-........... 75558 2-Methyl aziridine 1,2- 1* 3,4 P067 X 1 (0.454)

Propylenemine.

* * * * * * *

Benzenamine.................... 62533 Aniline....................... 1000 1,3,4 U012 D 5000 (2270)

* * * * * * *

Benzenamine, N,N-dimethyl-4- 60117 Dimethyl aminoazobenzene...... 1* 3,4 U093 A 10 (4.54)

(phenylazo-).

Benzenamine, 2-methyl-......... 95534 o-Toluidine................... 1* 3,4 U328 B 100 (45.4)

* * * * * * *

Benzenamine, 4,4'- 101144 4,4'-Methylenebis(2- 1* 3,4 U158 A 10 (4.54)

methylenebis(2-chloro-. chloroaniline).

* * * * * * *

Benzeneacetic acid, 4-chloro- 510156 Chlorobenzilate............... 1* 3,4 U038 A 10 (4.54)

-(4-chlorophenyl)-

-hydroxy-, ethyl

ester.

* * * * * * *

Benzene, chloro-............... 108907 Chlorobenzene................. 100 1,2,3,4 U037 B 100 (45.4)

[[Page 30946]]

Benzene, chloromethyl-......... 100447 Benzyl chloride............... 100 1,3,4 P028 B 100 (45.4)

Benzenediamine, ar-methyl-..... 95807 Toluenediamine................ 1* 3,4 U221 A 10 (4.54)

496720 2,4-Toluene diamine........... ........... ............ ............. ............. .................

823405 .............................. ........... ............ ............. ............. .................

25376458 .............................. ........... ............ ............. ............. .................

1,2-Benzenedicarboxylic acid, 84742 n-Butyl phthalate............. 100 1,2,3,4 U069 A 10 (4.54)

dibutyl ester. Dibutyl phthalate

Di-n-butyl phthalate

1,2-Benzenedicarboxylic acid, 131113 Dimethyl phthalate............ 1* 2,3,4 U102 D 5000 (2270)

dimethyl ester.

* * * * * * *

1,2-Benzenedicarboxylic acid, 117817 Bis(2-ethylhexyl)phthalate.... 1* 2,3,4 U028 B 100 (45.4)

bis(2-ethylhexyl) ester. DEHP

Diethylhexyl phthalate

* * * * * * *

Benzene, 1,4-dichloro-......... 106467 p-Dichlorobenzene............. 100 1,2,3,4 U072 B 100 (45.4)

1,4-Dichlorobenzene

* * * * * * *

Benzene, 1,3-diisocyanatomethyl- 91087 Toluene diisocyanate.......... 1* 3,4 U223 B 100 (45.4)

.

584849 2,4-Toluene diisocyanate...... ........... ............ ............. ............. .................

26471625 .............................. ........... ............ ............. ............. .................

* * * * * * *

Benzene, hexachloro-........... 118741 Hexachlorobenzene............. 1* 2,3,4 U127 A 10 (4.54)

* * * * * * *

Benzene, hydroxy-.............. 108952 Phenol........................ 1000 1,2,3,4 U188 C 1000 (454)

Benzene, methyl-............... 108883 Toluene....................... 1000 1,2,3,4 U220 C 1000 (454)

Benzene, 1-methyl-2,4-dinitro-. 121142 2,4-Dinitrotoluene............ 1000 1,2,3,4 U105 A 10 (4.54)

* * * * * * *

Benzene, (1-methylethyl)-...... 98828 Cumene........................ 1* 3,4 U055 D 5000 (2270)

Benzene, nitro-................ 98953 Nitrobenzene.................. 1000 1,2,3,4 U169 C 1000 (454)

* * * * * * *

Benzene, pentachloronitro-..... 82688 PCNB.......................... 1* 3,4 U185 B 100 (45.4)

Pentachloronitrobenzene

Quintobenzene

* * * * * * *

Benzene, 1,1'-(2,2,2- 72435 Methoxychlor.................. 1 1,3,4 U247 X 1 (0.454)

trichloroethylidene) bis[4-

methoxy-.

Benzene, (trichloromethyl)-.... 98077 Benzotrichloride.............. 1* 3,4 U023 A 10 (4.54)

* * * * * * *

Benzidine...................... 92875 [1,1'-Biphenyl]-4,4'-diamine.. 1* 2,3,4 U021 X 1 (0.454)

* * * * * * *

-Benzoquinone......... 106514 2,5-Cyclohexadiene-1,4-dione 1* 3,4 U197 A 10 (4.54)

Quinone.

* * * * * * *

Benzotrichloride............... 98077 Benzene, (trichloromethyl)-... 1* 3,4 U023 A 10 (4.54)

* * * * * * *

Benzyl chloride................ 100447 Benzene, chloromethyl-........ 100 1,3,4 P028 B 100 (45.4)

[[Page 30947]]

* * * * * * *

BERYLLIUM AND COMPOUNDS........ N.A. Beryllium Compounds........... 1* 2,3 ............. ............. (**)

Beryllium Compounds............ N.A. BERYLLIUM AND COMPOUNDS....... 1* 2,3 ............. ............. (**)

* * * * * * *

-BHC.................. 58899 Cyclohexane, 1,2,3,4,5,6-hexa 1 1,2,3,4 U129 X 1 (0.454)

chloro- (1, 2, 3,4,5,6)-.

* * * * * * *

2-Butanone..................... 78933 MEK........................... 1* 3,4 U159 D 5000 (2270)

-Butyl phthalate..... 84742 1,2-Benzenedicarboxylic acid, 100 1,2,3,4 U069 A 10 (4.54)

dibutyl ester.

Dibutyl phthalate

Di-n-butyl phthalate

* * * * * * *

CADMIUM AND COMPOUNDS.......... N.A. Cadmium Compounds............. 1* 2,3 ............. ............. (**)

Cadmium Compounds.............. N.A. CADMIUM AND COMPOUNDS......... 1* 2,3 ............. ............. (**)

* * * * * * *

Camphene, octachloro-.......... 8001352 Chlorinated camphene Toxaphene 1 1,2,3,4 P123 X 1 (0.454)

* * * * * * *

Captan......................... 133062 .............................. 10 1,3 ............. A 10 (4.54)

* * * * * * *

Carbamic acid, ethyl ester..... 51796 Ethyl carbamate Urethane...... 1* 3,4 U238 B 100 (45.4)

* * * * * * *

Carbamic chloride, dimethyl-... 79447 Dimethylcarbamoyl chloride.... 1* 3,4 U097 X 1 (0.454)

* * * * * * *

Carbaryl....................... 63252 .............................. 100 1,3 ............. B 100 (45.4)

* * * * * * *

Carbon disulfide............... 75150 .............................. 5000 1,3,4 P022 B 100 (45.4)

* * * * * * *

Carbonic dichloride............ 75445 Phosgene...................... 5000 1,3,4 P095 A 10 (4.54)

* * * * * * *

Carbon tetrachloride........... 56235 Methane, tetrachloro-......... 5000 1,2,3,4 U211 A 10 (4.54)

* * * * * * *

Chlordane...................... 57749 Chlordane, alpha & gamma 1 1,2,3,4 U036 X 1 (0.454)

isomers.

CHLORDANE (TECHNICAL MIXTURE

AND

METABOLITES)

4,7-Methano-1H-indene,

1,2,4,5,6,7,8,8-

octachloro-2,3,3a,4,7,7a-

hexahydro-.

[[Page 30948]]

* * * * * * *

Chlordane, alpha & gamma 57749 Chlordane..................... 1 1,2,3,4 U036 X 1 (0.454)

isomers. CHLORDANE (TECHNICAL MIXTURE

AND METABOLITES) l4,7-Methano-

1H-indene, 1,2,4,5,6,7,8,8-

octachloro-2,3,3a,4,7,7a-

hexahydro-.

CHLORDANE (TECHNICAL MIXTURE 57749 Chlordane, alpha & gamma 1 1,2,3,4 U036 X 1 (0.454)

AND METABOLITES). isomers.

Chlordane, alpha & gamma

isomers

4,7-Methano-1H-indene,

1,2,4,5,6,7,8,8-

octachloro-2,3,3a,4,7,7a-

hexahydro-

* * * * * * *

Chlorinated camphene........... 8001352 Camphene, octachloro-Toxaphene 1 1,2,3,4 P123 X 1 (0.454)

* * * * * * *

Chlorine....................... 7782505 .............................. 10 1,3 ............. A 10 (4.54)

* * * * * * *

Chlorobenzene.................. 108907 Benzene, chloro-.............. 100 1,2,3,4 U037 B 100 (45.4)

* * * * * * *

Chlorobenzilate................ 510156 Benzeneacetic acid, 4-chloro- 1* 3,4 U038 A 10 (4.54)

-(4-chlorophenyl)-

-hydroxy-, ethyl

ester.

* * * * * * *

1-Chloro-2,3-epoxypropane...... 106898 Epichlorohydrin Oxirane, 1000 1,3,4 U041 B 100 (45.4)

(chloromethyl)-.

Chloroethane................... 75003 Ethyl chloride................ 1* 2,3 ............. B 100 (45.4)

* * * * * * *

Chloroform..................... 67663 Methane, trichloro-........... 5000 1,2,3,4 U044 A 10 (4.54)

Chloromethane.................. 74873 Methane, chloro-Methyl 1* 2,3,4 U045 B 100 (45.4)

chloride.

Chloromethyl methyl ether...... 107302 Methane, chloromethoxy-....... 1* 3,4 U046 A 10 (4.54)

* * * * * * *

CHROMIUM AND COMPOUNDS......... N.A. Chromium Compounds............ 1* 2,3 ............. ............. (**)

Chromium Compounds............. N.A. CHROMIUM AND COMPOUNDS........ 1* 2,3 ............. ............. (**)

* * * * * * *

Cumene......................... 98828 Benzene, (1-methylethyl)-..... 1* 3,4 U055 D 5000 (2270)

* * * * * * *

Cyanide Compounds.............. N.A. CYANIDES...................... 1* 2,3 ............. ............. (**)

CYANIDES....................... N.A. Cyanide Compounds............. 1* 2,3 ............. ............. (**)

* * * * * * *

2,5-Cyclohexadiene-1,4-dione... 106514 p-Benzoquinone Quinone........ 1* 3,4 U197 A 10 (4.54)

[[Page 30949]]

* * * * * * *

Cyclohexane, 1,2,3,4,5,6- 58899 -BHC................. 1 1,2,3,4 U129 X 1 (0.454)

hexachloro-, (1,2,3,4,6)-. Lindane.......................

Lindane (all isomers).........

* * * * * * *

1,3-Cyclopentadiene, 77474 Hexachlorocyclopentadiene..... 1 1,2,3,4 U130 A 10 (4.54)

1,2,3,4,5,5-hexachloro-.

* * * * * * *

2,4-D Acid..................... 94757 Acetic acid, (2,4- 100 1,3,4 U240 B 100 (45.4)

dichlorophenoxy)-, salts &

esters.

2,4-D, salts and esters

* * * * * * *

2,4-D salts and esters......... 94757 Acetic acid, (2,4- 100 1,3,4 U240 B 100 (45.4)

dichlorophenoxy)-, salts &

esters.

2,4-D Acid

* * * * * * *

DDE............................ 72559 4,4'-DDE...................... 1* 2,3 ............. X 1 (0.454)

4,4'-DDE....................... 72559 DDE........................... 1* 2,3 ............. X 1 (0.454)

* * * * * * *

DEHP........................... 117817 1,2-Benzenedicarboxylic acid, 1* 2,3,4 U028 B 100 (45.4)

bis(2-ethyl-hexyl) ester.

Bis(2-ethylhexyl)phthalate

Diethylhexyl phthalate

* * * * * * *

1,2-Dibromo-3-chloropropane.... 96128 Propane, 1,2-dibromo-3-chloro- 1* 3,4 U066 X 1 (0.454)

Dibromoethane.................. 106934 Ethane, 1,2-dibromo-Ethylene 1000 1,3,4 U067 X 1 (0.454)

dibromide.

* * * * * * *

Dibutyl phthalate.............. 84742 1,2-Benzenedicarboxylic acid, 100 1,2,3,4 U069 A 10 (4.54)

dibutyl ester.

n-Butyl phthalate

Di-n-butyl phthalate

Di-n-butyl phthalate........... 84742 1,2-Benzenedicarboxylic acid, 100 1,2,3,4 U069 A 10 (4.54)

dibutyl ester.

n-Butyl phthalate

Dibutyl phthalate

* * * * * * *

1,4-Dichlorobenzene............ 106467 Benzene, 1,4-dichloro-........ 100 1,2,3,4 U072 B 100 (45.4)

p-Dichlorobenzene

* * * * * * *

p-Dichlorobenzene.............. 106467 Benzene, 1,4-dichloro-........ 100 1,2,3,4 U072 B 100 (45.4)

1,4-Dichlorobenzene

* * * * * * *

3,3'-Dichlorobenzidine......... 91941 [1,1'-Biphenyl]-4,4'- 1* 2,3,4 U073 X 1 (0.454)

diamine,3,3'-dichloro-.

* * * * * * *

1,1-Dichloroethane............. 75343 Ethane, 1,1-dichloro-......... 1* 2,3,4 U076 C 1000 (454)

Ethylidene dichloride

1,2-Dichloroethane............. 107062 Ethane, 1,2-dichloro-......... 5000 1,2,3,4 U077 B 100 (45.4)

Ethylene dichloride

[[Page 30950]]

1,1-Dichloroethylene........... 75354 Ethene, 1,1-dichloro-......... 5000 1,2,3,4 U078 B 100 (45.4)

Vinylidene chloride

Dichloroethyl ether............ 111444 Bis(2-chloroethyl) ether...... 1* 2,3,4 U025 A 10 (4.54)

Ethane, 1,1'-oxybis[2-chloro-

* * * * * * *

Dichloromethyl ether........... 542881 Bis(chloromethyl) ether....... 1 3,4 P016 A 10 (4.54)

Methane, oxybis(chloro-

* * * * * * *

Dichloromethane................ 75092 Methane, dichoro-............. 1 2,3,4 U080 C 1000 (454)

Methylene chloride

* * * * * * *

1,2-Dichloropropane............ 78875 Propane, 1,2-dichloro-........ 5000 1,2,3,4, U083 C 1000 (454)

Propylene dichloride

* * * * * * *

1,3-Dichloropropane............ 542756 1-Propene, 1,3-dichloro-...... 5000 1,2,3,4 U084 B 100 (45.4)

* * * * * * *

Dichlorvos..................... 62737 ............................ 10 1,3 A 10 (4.54)

* * * * * * *

1,4-Diethyleneoxide............ 123911 1,4-Dioxane................... 1 3,4 U108 B 100 (45.4)

1,4-Diethylenedioxide

* * * * * * *

1,4-Diethylenedioxide.......... 123911 1,4-Dioxane................... 1 3,4 U108 B 100 (45.4)

1,4-Diethyleneoxide

* * * * * * *

Diethylhexyl phthalate......... 117817 1,2-Benzenedicarboxylic acid, 1 2,3,4 U028 B 100 (45.4)

bis(2-ethylhexyl) ester.

Bis(2-ethylhexyl)phthalate

DEHP

* * * * * * *

3,3'-Dimethoxybenzidine........ 119904 [1,1'-Biphenyl]-4,4'- 1 3,4 U091 B 100 (45.4)

diamine,3,3'-dimethoxy-.

* * * * * * *

Dimethyl aminoazobenzene....... 60117 Benzenamine, N,N-dimethyl-4- 1 3,4 U093 A 10 (4.54)

(phenylazo-).

P-Dimethylaminoazobenzene

* * * * * * *

p-Dimethylaminoazobenzene...... 60117 Benzenamine, N,N-dimethyl-4- 1 3,4 U093 A 10 (4.54)

(phenylazo-).

Dimethyl aminoazobenzene

* * * * * * *

3,3'-Dimethylbenzidine......... 119937 [1,1'-Biphenyl]-4,4'- 1 3,4 U095 A 10 (4.54)

diamine,3,3'-dimethyl-.

* * * * * * *

Dimethylcarbamoyl chloride..... 79447 Carbamic chloride, dimethyl-.. 1 3,4 U097 X 1 (0.454)

[[Page 30951]]

* * * * * * *

1,1-Dimethylhydrazine.......... 57147 Hydrazine, 1,1-dimethyl-...... 1 3,4 U098 A 10 (4.54)

* * * * * * *

Dimethyl phthalate............. 131113 1,2-Benzenedicarboxylic acid, 1 2,3,4 U102 D 5000 (2270)

dimethyl ester.

* * * * * * *

Dimethyl sulfate............... 77781 Sulfuric acid, dimethyl ester. 1 3,4 U103 B 100 (45.4)

* * * * * * *

4,6-Dinitro-o-cresol, and salts 534521 Phenol, 2-methyl-4,6-dinitro-, 1 2,3,4 P047 A 10

This text is long and has been trimmed here. Open the source document for the complete record.