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EPA/SWER RIN: 2050-AD80 Publication ID: Fall 2003 
Title: Listing Determination and LDR for Wastes Generated During the Manufacture of Azo, Anthraquinone, and Triarylmethane Dyes and Pigments 
Abstract: This action is mandated by the 1984 Hazardous and Solid Waste Amendments and a consent decree (EDF v. Browner, Civil Action No. 89-0598, D.D.C.). This action addresses the potential human health and environmental risks posed by wastes from the manufacture of dyes and pigments, and determines whether these wastes should be listed as hazardous wastes under the Resource Conservation and Recovery Act (RCRA) to control any potentially unacceptable risks. If listed under RCRA, these wastes would also be added to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Upon evaluation of risk assessment modeling results, we will propose whether or not to list the wastes of concern. If relevant, we may include contingencies to focus the listing on particular waste management practices. If we determine that these wastes warrant listing, we will provide the benefit of protecting human health and the environment. At the same time, we plan to provide specific risk-reduction goals for industry, which, if met, will significantly reduce the regulatory burden associated with the listing determination. As of August 2003, we have not yet quantified potential costs associated with this rule. Depending on how the proposal is structured, there may be some small business impacts. The current action is a reproposal of prior actions. We proposed listing decisions for most of the targeted wastes in 1994, and several other wastes in 1999. The 1994 and 1999 proposals were incomplete because they did not contain information claimed to be confidential by industry (the data are subject to an injunction prohibiting their release). The current action does not rely on the contested data and will replace the 1994 and 1999 proposals. The reproposal will also identify land disposal restrictions for the wastes of concern. The current action is targeted on wastes from the manufacture of dyes and pigments, with specific emphasis on certain product classes (azos, anthraquinones, triarylmethanes). Manufacturers of these products will need to assess their wastes to determine whether they meet the final listing definitions. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 148    40 CFR 261    40 CFR 264    40 CFR 265    40 CFR 268    40 CFR 271    40 CFR 302   
Legal Authority: 42 USC 6921 "RCRA 3001"    42 USC 9602 "CERCLA 102"   
Legal Deadline:
Action Source Description Date
NPRM  Judicial    11/10/2003 
Final  Judicial    02/15/2005 
Timetable:
Action Date FR Cite
NPRM-Dyes1  12/22/1994  59 FR 66072   
NPRM-Dyes2  07/23/1999  64 FR 40192   
NPRM  11/00/2004    
Final Action  02/00/2005    
Additional Information: SAN 3066.
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 325132 Organic Dye and Pigment Manufacturing 
Agency Contact:
Wanda Lebleu
Environmental Protection Agency
Solid Waste and Emergency Response
5304W,
Washington, DC 20460
Phone:703 308-0438
Fax:703 308-0522
Email: Lebleu.Wanda@epamail.epa.gov

Gwen DiPietro
Environmental Protection Agency
Solid Waste and Emergency Response
5306W,
Washington, DC 20460
Phone:703 308-8285
Fax:703 308-8686
Email: Dipietro.Gwen@epamail.epa.gov