[Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
[Rules and Regulations]
[Pages 1678-1681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-436]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[SW-FRL-5673-9]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Amendment
AGENCY: Environmental Protection Agency.
ACTION: Final rule amendment.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
amending 40 CFR Part 261, Appendix IX to reflect changes in ownership
and name for Envirite Corporation (Petitioner) in Canton, Ohio; Harvey,
Illinois and York, Pennsylvania. Today's final rule amendment documents
these changes.
EFFECTIVE DATE: December 31, 1996.
FOR FURTHER INFORMATION CONTACT: RCRA Hotline, toll free at 1-800-424-
9346.
For technical information on this action as it applies to the
Canton, Ohio and Harvey, Illinois facilities, contact Ms. Judy Kleiman,
Waste Management Branch, Waste Pesticides and Toxics Division, U.S.
Environmental Protection Agency Region 5, 77 W. Jackson Blvd; Chicago,
IL 60604, 312-886-1482. For technical information on this action as it
applies to the York, Pennsylvania facility, contact Mr. David M.
Friedman, Technical and Program Support Branch, Hazardous Waste
Management Division, U.S. Environmental Protection Agency Region 3, 841
Chestnut Street, Philadelphia, PA 19107, 215-566-3395.
SUPPLEMENTARY INFORMATION: In this document EPA is amending Appendix IX
to Part 261 to reflect changes in the ownership and name for certain
facilities. The petition process under Secs. 260.20 and 260.22 allows
facilities to demonstrate that a specific waste from a particular
generating facility should not be regulated as a hazardous waste. Based
on waste specific information provided by the Petitioner, EPA granted a
final exclusion to Envirite Corporation for its facilities in Canton,
Ohio; Harvey, Illinois and York, Pennsylvania on November 14, 1986 (51
FR 41324). On December 9, 1996, Envirite Corp. notified Regions 3 and 5
that on December 31, 1996, ownership of the Envirite Corporation
facility in Canton, Ohio will be transferred to Envirite of Ohio, Inc.,
ownership of the Envirite Corporation facility in Harvey, Illinois will
be transferred to Envirite of Illinois, Inc., and ownership of the
Envirite Corporation facility in York, Pennsylvania will be transferred
to Envirite of Pennsylvania, Inc.
Envirite Corporation further noted that no changes would be made in
the management of EPA Hazardous Wastes F006-F009, F011, F012, F019,
K002-K008 and K062 for which EPA granted exclusions pursuant to 40 CFR
260.20 and 260.22, and that all conditions of the exclusions would
continue to be met at each of the Petitioner's affected facilities.
Today's notice documents the transfer of ownership and name change by
updating Appendix IX to incorporate the change in owner's name for each
facility affected by such exclusions.
This change to 40 CFR Part 261, Appendix IX shall be effective
December 31, 1996. The Hazardous and Solid Waste Amendments of 1984
amended Section 3010 of RCRA to allow rules to become effective in less
than six months when the regulated community does not need the six
month period to come into compliance. As described above, the change in
ownership will not affect the facilities' operations. Therefore, a six
month delay in the effective date is not necessary in this case. This
provides a basis for making these amendments effective immediately
under the Administrative Procedures Act, pursuant to 5 U.S.C. 5531(d).
List of Subjects in 40 CFR Part 261
Environmental Protection Hazardous waste, Recycling, and Reporting
and recordkeeping requirements.
Dated: December 24, 1996.
Valdas Adamkus,
Regional Administrator, Region 5.
For reasons set out in this preamble, 40 CFR part 261 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, and 6938.
2. 40 CFR Part 261, Appendix IX, Tables 1 and 2 are amended by
removing the entries for Envirite Corporation and by adding, in
alphabetical order, the entries for Envirite of Illinois, Envirite of
Ohio and Envirite of Pennsylvania to read as follows:
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and
260.22
Table 1.--Wastes Excluded From Non-Specific Sources
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Facility Address Waste description
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* * * * * * *
Envirite of Illinois (formerly Harvey, Illinois. See waste description under Envirite of Pennsylvania.
Envirite Corporation).
Envirite of Ohio (formerly Canton, Ohio..... See waste description under Envirite of Pennsylvania.
Envirite Corporation).
[[Page 1679]]
Envirite of Pennsylvania York, Dewatered wastewater sludges (EPA Hazardous Waste No .F006) generated from electroplating operations;
(formerly Envirite Pennsylvania. spent cyanide plating solutions (EPA Hazardous Waste No. F007) generated from electroplating
Corporation). operations; plating bath residues from the bottom of plating baths (EPA Hazardous Waste No. F008)
generated from electroplating operations where cyanides are used in the process; spent stripping and
cleaning bath solutions (EPA Hazardous Waste No. F009) generated from electroplating operations
where cyanides are used in the process; spent cyanide solutions from salt bath pot cleaning (EPA
Hazardous Waste No. F011) generated from metal heat treating operations; quenching wastewater
treatment sludges (EPA Hazardous Waste No. F012) generated from metal heat treating where cyanides
are used in the process; wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from
the chemical conversion coating of aluminum after November 14, 1986. To ensure that hazardous
constituents are not present in the waste at levels of regulatory concern, the facility must
implement a contingency testing program for the petitioned waste. This testing program must meet the
following conditions for the exclusions to be valid:
(1) Each batch of treatment residue must be representatively sampled and tested using the EP Toxicity
test for arsenic, barium, cadmium, chromium, lead, selenium, silver, mercury, and nickel. If the
extract concentrations for chromium, lead, arsenic, and silver exceed 0.315 ppm; barium levels
exceed 6.3 ppm; cadmium and selenium exceed 0.063 ppm; mercury exceeds 0.0126 ppm; or nickel levels
exceed 2.205 ppm; the waste must be re-treated or managed and disposed as a hazardous waste under 40
CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270.
(2) Each batch of treatment residue must be tested for reactive and leachable cyanide. If the
reactive cyanide levels exceed 250 ppm or leachable cyanide levels (using the EP Toxicity test
without acetic acid adjustment) exceed 1.26 ppm, the waste must be re-treated or managed and
disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR
Part 270.
(3) Each batch of waste must be tested for the total content of specific organic toxicants. If the
total content of anthracene exceeds 76.8 ppm, 1,2-diphenyl hydrazine exceeds 0.001 ppm, methylene
chloride exceeds 8.18 ppm, methyl ethyl ketone exceeds 326 ppm, n-nitrosodiphenylamine exceeds 11.9
ppm, phenol exceeds 1,566 ppm, tetrachloroethylene exceeds 0.188 ppm, or trichloroethylene exceeds
0.592 ppm, the waste must be managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265
and the permitting standards of 40 CFR Part 270.
(4) A grab sample must be collected from each batch to form one monthly composite sample which must
be tested using GC/MS analysis for the compounds listed in #3, above, as well as the remaining
organics on the priority pollutant list. (See 47 FR 52309, November 19, 1982, for a list of the
priority pollutants.)
(5) The data from conditions 1-4 must be kept on file at the facility for inspection purposes and
must be compiled, summarized, and submitted to the Administrator by certified mail semi-annually.
The Agency will review this information and if needed will propose to modify or withdraw the
exclusion. The organics testing described in conditions 3 and 4, above, are not required until six
months from the date of promulgation. The Agency's decision to conditionally exclude the treatment
residue generated from the wastewater treatment systems at these facilities applies only to the
wastewater and solids treatment systems as they presently exist as described in the delisting
petition. The exclusion does not apply to the proposed process additions described in the petition
as recovery including crystallization, electrolytic metals recovery, evaporative recovery, and ion
exchange.
* * * * * * *
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Table 2.--Wastes Excluded From Specific Sources
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Facility Address Waste description
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* * * * * * *
Envirite of Illinois (formerly Harvey, Illinois. See waste description under Envirite of Pennsylvania.
Envirite Corporation).
Envirite of Ohio (formerly Canton, Ohio..... See waste description under Envirite of Pennsylvania.
Envirite Corporation).
[[Page 1680]]
Envirite of Pennsylvania York, Spent pickle liquor (EPA Hazardous Waste No. K062) generated from steel finishing operations of
(formerly Envirite Pennsylvania. facilities within the iron and steel industry (SIC Codes 331 and 332); wastewater treatment sludge
Corporation). (EPA Hazardous Waste No. K002) generated from the production of chrome yellow and orange pigments;
wastewater treatment sludge (EPA Hazardous Waste No. K003) generated from the production of
molybdate orange pigments; wastewater treatment sludge (EPA Hazardous Waste No. K004) generated from
the production of zinc yellow pigments; wastewater treatment sludge (EPA Hazardous Waste K005)
generated from the production of chrome green pigments; wastewater treatment sludge (EPA Hazardous
Waste No. K006) generated from the production of chrome oxide green pigments (anhydrous and
hydrated); wastewater treatment sludge (EPA Hazardous Waste No. K007) generated from the production
of iron blue pigments; oven residues (EPA Hazardous Waste No. K008) generated from the production of
chrome oxide green pigments after November 14, 1986. To ensure that hazardous constituents are not
present in the waste at levels of regulatory concern, the facility must implement a contingency
testing program for the petitioned wastes. This testing program must meet the following conditions
for the exclusions to be valid:
(1) Each batch of treatment residue must be representatively sampled and tested using the EP
Toxicity test for arsenic, barium, cadmium, chromium, lead, selenium, silver, mercury, and nickel.
If the extract concentrations for chromium, lead, arsenic, and silver exceed 0.315 ppm; barium
levels exceed 6.3 ppm; cadmium and selenium exceed 0.063 ppm; mercury exceeds 0.0126 ppm; or nickel
levels exceed 2.205 ppm, the waste must be retreated or managed and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270.
(2) Each batch of treatment residue must be tested for reactive and leachable cyanide. If the
reactive cyanide levels exceed 250 ppm; or leachable cyanide levels (using the EP Toxicity test
without acetic acid adjustment) exceed 1.26 ppm, the waste must be re-treated or managed and
disposed as hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR
270.
(3) Each batch of waste must be tested for the total content of specific organic toxicants. If the
total content of anthracene exceeds 76.8 ppm, 1.2-diphenyl hydrazine exceeds 0.001 ppm, methylene
chloride exceeds 8.18 ppm, methyl ethyl ketone exceeds 326 ppm, n-nitrosodiphenylamine exceeds 11.9
ppm, phenol exceeds 1,566 ppm, tetrachloroethylene exceeds 0.188 ppm, or trichloroethylene exceeds
0.592 ppm, the waste must be managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265
and the permitting standards of 40 CFR Part 270.
(4) A grab sample must be collected from each batch to form one monthly composite sample which must
be tested using GC/MS analysis for the compounds listed in #3, above, as well as the remaining
organics on the priority pollutant list. (See 47 FR 52309, November 19, 1982, for a list of the
priority pollutants.)
(5) The data from conditions 1-4 must be kept on file at the facility for inspection purposes and
must be compiled, summarized, and submitted to the Administrator by certified mail semi-annually.
The Agency will review this information and if needed will propose to modify or withdraw the
exclusion. The organics testing described in conditions 3 and 4, above, is not required until six
months from the date of promulgation. The Agency's decision to conditionally exclude the treatment
residue generated from the wastewater treatment systems at these facilities applies only to the
wastewater and solids treatment systems as they presently exist as described in the delisting
petition. The exclusion does not apply to the proposed process additions described in the petition
as recovery, including crystallization, electrolytic metals recovery, evaporative recovery, and ion
exchange.
* * * * * * *
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[[Page 1681]]
[FR Doc. 97-436 Filed 1-10-97; 8:45 am]
BILLING CODE 6560-50-P
