[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14535]
[[Page Unknown]]
[Federal Register: June 20, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261, 268, and 302
[FRL-4999-1]
Hazardous Waste Management System; Correction of Listing of
P015--Beryllium Powder
AGENCY: Environmental Protection Agency.
ACTION: Technical correction amendment.
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SUMMARY: The Environmental Protection Agency today is correcting the
listing for ``beryllium'' in the list of commercial chemical products
that are hazardous wastes when discarded or intended to be discarded.
The listing description is corrected to read ``Beryllium powder.''
Conforming changes also are being made to the RCRA list of hazardous
constituents, the RCRA land disposal restrictions technology-based
treatment standards, and to the CERCLA list of hazardous substances.
EFFECTIVE DATE: The amendment is effective June 20, 1994.
ADDRESSES: The Office of Solid Waste (OSW) RCRA Docket is located at
the following address: EPA RCRA Docket Clerk, room 2616 (5305), U.S.
Environmental Protection Agency, 401 M Street SW., Washington, DC
20460.
The docket is open from 9 a.m. to 4 p.m. Monday through Friday,
excluding Federal holidays. The public must make an appointment to
review docket materials by calling 202-260-9327. The public may copy
100 pages from the docket at no charge; additional copies are $0.15 per
page.
FOR FURTHER INFORMATION CONTACT:The RCRA/Superfund Hotline at 1-800-
424-9346. For technical information contact Wanda L. Levine, Office of
Solid Waste (5304), U.S. Environmental Protection Agency, 401 M Street,
SW., Washington, DC 20460, 202-260-7458.
SUPPLEMENTARY INFORMATION: On April 22, 1988, EPA published a technical
corrections notice to make a number of corrections to 40 CFR 261.33(e)
and (f) and to appendix VIII of 40 CFR part 261 (53 FR 13383). In that
notice, the word ``dust'' was inadvertently omitted from the 40 CFR
261.33(e) listing, ``P015--Beryllium dust,'' which was the original
listing promulgated on May 19, 1980. There have been a number of
inquiries since the April 22, 1988 correction notice as to the intent
of this listing, and EPA has responded in each case by explaining that
the word ``dust'' was mistakenly omitted, but the intent of the listing
(i.e., to list as hazardous the commercial chemical product, beryllium
dust, when discarded or intended to be discarded) has remained. In
fact, the land disposal restrictions refer to P015 as ``Beryllium
dust.''
In addition, the sole manufacturer of the commercial chemical
product has indicated that ``beryllium powder'' is the actual term used
to describe their product. The term dust is not used by industry to
describe the commercial chemical product.
For the purpose of clarification, EPA is adding the word ``powder''
to the P015 listing description. Since this change is only a
clarification, the scope of the P015 hazardous waste listing is neither
increased, diminished or otherwise affected by this technical
correction amendment.
In order to rectify this confusion in the regulated community, the
Agency today is correcting the Code of Federal Regulations by adding
the word ``powder'' to the P015 listing for beryllium. Conforming
changes also are being made to the RCRA list of hazardous constituents,
the RCRA land disposal restrictions technology-based treatment
standards, and to the CERCLA list of hazardous substances.
Because this action is a technical correction, prior notice and
opportunity for comment is unnecessary, and good cause exists for this
change to take effect immediately (see 5 U.S.C. 553(b)). Accordingly,
the Agency is not seeking any comments based on today's notice.
List of Subjects
40 CFR Part 261
Environmental protection, Hazardous wastes, Recycling, Reporting
and recordkeeping requirements.
40 CFR Part 268
Hazardous waste, Reporting and recordkeeping requirements.
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.
Dated: June 8, 1994.
Elliott P. Laws,
Assistant Administrator, Office of Solid Waste and Emergency Response.
For the reasons set out in the preamble, Chapter I, of title 40 of
the Code of Federal Regulations is amended as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6938.
Sec. 261.33 [Amended]
2. In Sec. 261.33 (e), the listing for P015 is revised to read as
follows:
------------------------------------------------------------------------
Chemical
Hazardous waste No. abstracts Substance
No.
------------------------------------------------------------------------
*****
P015......................... 7440-41-7 Beryllium powder
*****
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Appendix VIII [Amended]
3. In appendix VIII, the listing for Beryllium is revised to read
as follows:
------------------------------------------------------------------------
Chemical Chemical
Common name abstracts abstracts Hazardous
name No. waste No.
------------------------------------------------------------------------
*****
Beryllium powder................... Same...... 7440-41-7 P015
*****
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PART 268--LAND DISPOSAL RESTRICTIONS
1. The authority citation for part 268 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6924.
Sec. 268.42 [Amended]
2. In Sec. 268.42 revise the ``Wastes descriptions and/or treatment
subcategory'' entry for Waste Code P015 to read ``Beryllium powder.''
PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION
1. The authority citation for part 302 continues to read as
follows:
Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and
1361.
Sec. 302.4 [Amended]
2. In Sec. 302.4, in the table in paragraph (b), the listing for
``Beryllium'' is removed and under the column heading ``Hazardous
substances'', ``Beryllium dust'' is revised to read ``Beryllium
powder''.
Appendix A [Amended]
3. In appendix A the listing for 7440417 is revised to read
``Beryllium powder''.
[FR Doc. 94-14535 Filed 6-17-94; 8:45 am]
BILLING CODE 6560-50-M
