[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Rules and Regulations]
[Pages 54311-54313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26199]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[SW-FRL-5318-5]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Amendment
AGENCY: Environmental Protection Agency.
ACTION: Final rule and correcting amendments.
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SUMMARY: The Environmental Protection Agency (``EPA'' or ``the
Agency'') is correcting Part 261, Appendix IX, Table 1 by re-adding the
final conditional exclusion previously granted to Envirite Corporation
(Envirite). EPA inadvertently removed the entire entry of Envirite's
exclusion from Appendix IX, while the Agency only intended to amend the
second column of the entry by removing the words ``Thomaston,
Connecticut'' (see 59 FR 5725, February 8, 1994). The Agency is also
making a conforming change to Part 261, Appendix IX, Table 2 by
removing the words ``Thomaston, Connecticut'' from the second column of
the Envirite's entry.
EFFECTIVE DATE: October 23, 1995.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline, toll free at (800) 424-9346 or at (703) 412-9810. For
technical information, contact Shen-yi Yang, Office of Solid Waste
(5304), U.S. Environmental Protection Agency, 401 M Street SW.,
Washington, DC 20460, (202) 260-1436.
[[Page 54312]]
SUPPLEMENTARY INFORMATION:
I. Background Information
Secs. 260.20 and 260.22 provide a delisting petition procedure,
allowing 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 determines whether certain solid wastes generated by the facility
can be excluded from the requirements of hazardous waste regulations
under the Resource Conservation and Recovery Act (RCRA).
On November 14, 1986, EPA granted final conditional exclusions to
Envirite's commercial waste treatment facilities located in Canton,
Ohio; Harvey, Illinois; Thomaston, Connecticut; and York, Pennsylvania
(51 FR 41323). Envirite's treatment residues, provided all the
conditions of exclusion are met, are no longer subject to hazardous
waste regulations. Envirite's exclusions for wastes from non-specific
sources (i.e., EPA Hazardous Waste Numbers: F006-F009, F011, F012,
F019) and specific sources (i.e., EPA Hazardous Waste Numbers: K002-
K008, K062) are listed in Table 1 and Table 2 of Part 261, Appendix IX,
respectively.
On May 31, 1990, Envirite's Thomaston, CT facility ceased to
generate the excluded wastes. Thereafter, EPA published a Federal
Register notice to inform the public about the change to Envirite's
exclusion (as well as changes to exclusions for other facilities) (see
59 FR 5725, February 8, 1994). While the Agency only intended to amend
the second column of the entries for Envirite in both Tables 1 and 2 of
Appendix IX, by removing the words ``Thomaston, Connecticut'', the
Agency inadvertently removed the entire entry for Envirite from Table
1, and made no change to Table 2 of Appendix IX, Part 261. Therefore,
this notice is correcting Part 261, Appendix IX, Table 1 by re-adding
the final conditional exclusion granted to Envirite Corporation
(Envirite) on November 14, 1986, and also deleting the words
``Thomaston, Connecticut'' from the second column of the Envirite's
entries in Table 1 and Table 2 of Part 261, Appendix IX.
II. Effective Date
This notice is correcting the errors made to Appendix IX of Part
261. 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 affected facility has ceased
generation of the delisted waste, and changes in the status of
Envirite's exclusion are effective February 8, 1994 (see 59 FR 5725).
Therefore, a six-month delay in the effective date is not necessary in
this case. The above reasons provide a basis for making this correcting
amendment effective immediately upon publication 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, Reporting and
recordkeeping requirements.
Authority: Sec. 3001(f) RCRA, 42 U.S.C. Sec. 6921(f).
Dated: September 25, 1995.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
For the reasons set out in the preamble, 40 CFR part 261 is
corrected 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. Table 1 in Appendix IX of Part 261 is amended by adding an entry
for the Envirite Corporation in alphabetical order to read as follows:
Appendix IX--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 Corporation.................... Canton, Ohio; Harvey, Dewatered wastewater sludges (EPA
Illinois; York, Hazardous Waste No. F006) generated from
Pennsylvania. electroplating operations; spent cyanide
plating solutions (EPA Hazardous Waste
No. F007) generated from electroplating
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 exclusion 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.
[[Page 54313]]
(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 52039, 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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3. Table 2 in Appendix IX of Part 261 is amended by removing the
words ``Thomaston, Connecticut'' from the second column of the entry
for the ``Envirite Corporation''.
[FR Doc. 95-26199 Filed 10-20-95; 8:45 am]
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