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Organobromine Production Wastes; Final Rule March 17, 2000.

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

Organobromine Production Wastes; Identification and Listing of Hazardous Waste; Land Disposal Restrictions; Listing of CERCLA Hazardous Substances, Reportable Quantities; Final Rule March 17, 2000.

In this action, the EPA announced the vacature of regulatory provisions governing the identification of certain wastes as listed hazardous wastes in 40 CFR part 261 . EPA amended its regulations to conform with an order issued by the United States Court of Appeals for the District of Columbia Circuit (D.C. Cir.) in Great Lakes Chemical Corporation v. EPA (No. 98–1312), that vacated Agency regulations listing certain organobromine wastes as hazardous wastes under the RCRA. Under the court’s order, and as amended this action, the vacated federal hazardous waste listings and regulatory requirements based on those listings are to be treated as though they were never in effect.

Accordingly, EPA removed from the CFR the listings vacated by the court and all references to those listings. EPA deleted from the lists of hazardous waste found in 40 CFR part 261, subpart D the two wastes previously designated as hazardous waste codes K140 and U408.  EPA also: deleted 2,4,6-tribromophenol from the list of hazardous constituents in Appendix VIII of 40 CFR part 261; modified the land disposal restrictions treatment standards in 40 CFR part 268 by deleting these wastes and the associated treatment standards; and vacated the Reportable Quantity (RQ) requirements for these notifications.

Federal Register – Final Rule and Vacature - March 17, 2000 | PDF Version (4 pp, 135K, About PDF)
Federal Register – Final Rule: Correction Notice - June 8, 2000 | PDF Version (3 pp, 132K, About PDF)


Organobromine Production Wastes; Identification and Listing of Hazardous Waste; Land Disposal Restrictions; Listing of CERCLA Hazardous Substances, Reportable Quantities; Final Rule May 4, 1998

The EPA is adding two new hazardous waste codes to its current lists of hazardous waste found in 40 CFR part 261. One waste type to be added and designated by the hazardous waste code K140 is floor sweepings, off-specification product and spent filter media from the production of 2,4,6-tribromophenol. The second waste is 2,4,6- tribromophenol and is being added both to the list of commercial chemical products, designated by the hazardous waste code U408 and to the list of hazardous constituents in Appendix VIII of 40 CFR part 261. EPA is also modifying the land disposal treatment standards for hazardous waste in 40 CFR part 268 by adding these new wastes. The effect of listing this waste will be to subject it to stringent management and treatment standards under RCRA, as well as to emergency notification requirements for releases of hazardous substances to the environment. These notifications are required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) and the Emergency Planning and Community Right to Know Act (EPCRA). EPA is also issuing Reportable Quantity (RQ) requirements for these notifications. EPA has made a final determination not to list as hazardous ten waste streams from the production of bromochloromethane, ethyl bromide, tetrabromobisphenol A, 2,4,6-tribromophenol wastewaters, octabromodiphenyl oxide, and decabromodiphenyl oxide.

Federal Register - Final Rule - May 4, 1998
Federal Register - Technical Amendment - June 29, 1998
Federal Register - Technical Amendment - August 10, 1998

Environmental Fact Sheet (PDF) (2 pp, 14K) || Text Version (Text File) (6K)

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