[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Rules and Regulations]
[Pages 1744-1747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-255]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[SW-FRL-5130-6]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Exclusion
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
granting a final exclusion from the lists of hazardous wastes contained
in EPA regulations for certain solid wastes generated at Bethlehem
Steel Corporation (BSC), Sparrows Point, Maryland. This action responds
to a delisting petition submitted under Sec. 260.20, which allows any
person to petition the Administrator to modify or revoke any provision
of Parts 260 through 265 and 268 of Title 40 of the Code of Federal
Regulations, and under Sec. 260.22, which specifically provides
generators the opportunity to petition the Administrator to exclude a
waste on a ``generator-specific'' basis from the hazardous waste lists.
EFFECTIVE DATE: January 5, 1995.
ADDRESSES: The public docket for this final rule is located at the U.S.
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C.
20460, and is available for viewing (room M2616) from 9 a.m. to 4 p.m.,
Monday through Friday, excluding Federal holidays. Call (202) 260-9327
for appointments. The reference number for this docket is ``F-94-B8EF-
FFFFF''. The public may copy material from any regulatory docket at no
cost for the first 100 pages, and at $0.15 per page for additional
copies.
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 concerning this notice, contact Shen-yi Yang,
Office of Solid Waste (5304), U.S. Environmental Protection Agency, 401
M Street, S.W., Washington, D.C. 20460, (202) 260-1436.
SUPPLEMENTARY INFORMATION:
I. Background
A. Authority
Under Secs. 260.20 and 260.22, facilities may petition the Agency
to remove their wastes from hazardous waste control by excluding them
from the lists of hazardous wastes contained in Secs. 261.31 and
261.32. Petitioners must provide sufficient information to EPA to allow
the Agency to determine that:
(1) The waste to be excluded is not hazardous based upon the
criteria for which it was listed, and
(2) No other hazardous constituents or factors that could cause the
waste to be hazardous are present in the wastes at levels of regulatory
concern.
B. History of This Rulemaking
Bethlehem Steel Corporation, located in Sparrows Point, Maryland,
petitioned the Agency to exclude from hazardous waste control its
chemically stabilized wastewater treatment filter cake presently listed
as EPA Hazardous Waste No. F006. After evaluating the petition, EPA
proposed, on March 4, 1994, to exclude BSC's waste from the lists of
hazardous wastes under Secs. 261.31 and 261.32 (see 59 FR 10352). This
rulemaking finalizes the proposed decision to grant BSC's petition.
II. Disposition of Delisting Petition
Bethlehem Steel Corporation, Sparrows Point, Maryland.
A. Proposed Exclusion
Bethlehem Steel Corporation (BSC), located in Sparrows Point,
Maryland, is involved in the production of tin and chromium plated
parts and steel strip. BSC petitioned the Agency to exclude, from
hazardous waste control, its chemically stabilized wastewater treatment
filter cake presently listed as EPA Hazardous Waste No. F006--
``Wastewater treatment sludges from electroplating operations except
from the following processes: (1) Sulfuric acid anodizing of aluminum;
(2) tin plating on carbon steel; (3) zinc plating (segregated basis) on
carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel;
(5) cleaning/stripping associated with tin, zinc and aluminum plating
on carbon steel; and (6) chemical etching and milling of aluminum''.
The listed constituents of concern for EPA Hazardous Waste No. F006
waste are cadmium, hexavalent chromium, nickel, and cyanide (complexed)
(see Part 261, Appendix VII).
In support of its petition, BSC submitted:
(1) Detailed descriptions of its manufacturing, waste treatment,
and stabilization processes, including schematic diagrams;
(2) Material Safety Data Sheets (MSDSs) for all trade name products
used in the manufacturing and waste treatment processes;
(3) Results from total constituent analyses for the eight Toxicity
Characteristic (TC) metals listed in Sec. 261.24, nickel, cyanide,
zinc, and sulfide from representative samples of the dewatered
(unstabilized) filter cake and the stabilized filter cake;
(4) Results from the EP Toxicity Test and the Toxicity
Characteristic Leaching Procedure (TCLP, SW-846 Method 1311) for the
eight TC metals (except for barium and selenium) and nickel from
representative samples of the dewatered (unstabilized) filter cake,
uncured stabilized filter cake, and the cured stabilized filter cake;
(5) Results from total oil and grease analyses from representative
samples of the dewatered (unstabilized) filter cake and stabilized
filter cake;
(6) Results from the Multiple Extraction Procedure (MEP, SW-846
Method 1320) for the eight TC metals (except for barium and selenium)
and nickel from representative samples of the stabilized filter cake;
(7) Test results and information regarding the hazardous
characteristics of ignitability, corrosivity, and reactivity;
(8) Results from the TCLP analyses for the TC volatile and
semivolatile organic compounds from representative samples of the
dewatered (unstabilized) filter cake; and
(9) Results from total constituent analyses for hexavalent chromium
from representative samples of dewatered (unstabilized) filter cake.
The Agency evaluated the information and analytical data provided
by BSC in support of its petition and determined that the hazardous
constituents found in [[Page 1745]] the petitioned waste would not pose
a threat to human health and the environment. Specifically, the Agency
used the modified EPA Composite Model for Landfills (EPACML) to predict
the potential mobility of the hazardous constituents found in the
petitioned waste. Based on this evaluation, the Agency determined that
the constituents in BSC's petitioned waste would not leach and migrate
at levels that would result in groundwater concentrations above the
Agency's health-based levels used in delisting decision-making. See 59
FR 10352, March 4, 1994, for a detailed explanation of why EPA proposed
to grant Bethlehem Steel Corporation's petition for its chemically
stabilized wastewater treatment filter cake.
B. Response to Public Comments
The Agency did not receive any comments on the proposed rule.
C. Final Agency Decision
For the reasons stated in the proposal and in this final rule, the
Agency believes that BSC's chemically stabilized wastewater treatment
filter cake should be excluded from listing as a hazardous waste. The
Agency, therefore, is granting a final exclusion to Bethlehem Steel
Corporation, located in Sparrows Point, Maryland for its chemically
stabilized wastewater treatment filter cake, described in its petition
as EPA Hazardous Waste No. F006.
This exclusion only applies to the processes and waste volume (a
maximum of 1,100 cubic yards generated annually in stabilized filter
cake form) covered by the original demonstration. The facility would
require a new or amended exclusion if there is an adverse change in
composition of treated waste such that levels of hazardous constituents
increase significantly (e.g., from changes to manufacturing or
treatment processes). (Note, however, that changes in the stabilization
process are allowed as described in Condition (4).) Continued
evaluation for levels of hazardous constituents will be achieved by the
annual verification testing specified in Condition (1)(C). Accordingly,
the facility would need to file a new petition for the altered waste.
The facility must treat waste generated either in excess of 1,100 cubic
yards per year or from changed processes as hazardous until a new
exclusion is granted.
Although management of the waste covered by this petition is
relieved from Subtitle C jurisdiction by this final exclusion, the
generator of a delisted waste must either treat, store, or dispose of
the waste in an on-site facility, or ensure that the waste is delivered
to an off-site storage, treatment, or disposal facility, either of
which is permitted, licensed, or registered by a state to manage
municipal or industrial solid waste. Alternatively, the delisted waste
may be delivered to a facility that beneficially uses or reuses, or
legitimately recycles or reclaims the waste, or treats the waste prior
to such beneficial use, reuse, recycling, or reclamation (see 40 CFR
part 260, appendix I).
III. Limited Effect of Federal Exclusion
The final exclusion being granted today is being issued under the
federal (RCRA) delisting program. States, however, are allowed to
impose their own, non-RCRA regulatory requirements that are more
stringent than EPA's, pursuant to section 3009 of RCRA. These more
stringent requirements may include a provision which prohibits a
federally-issued exclusion from taking effect in the State. Because a
petitioner's waste may be regulated under both Federal and State
programs, petitioners are urged to contact their State regulatory
authority to determine the current status of their wastes under State
law.
IV. Effective Date
This rule is effective January 5, 1995. 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. That is the
case here because this rule reduces, rather than increases, the
existing requirements for persons generating hazardous wastes. In light
of the unnecessary hardship and expense that would be imposed on this
petitioner by an effective date of six months after publication and the
fact that a six-month deadline is not necessary to achieve the purpose
of section 3010, EPA believes that this rule should be effective
immediately upon publication. These reasons also provide a basis for
making this rule effective immediately, upon publication, under the
Administrative Procedures Act, pursuant to 5 U.S.C. 553(d).
V. Regulatory Impact
Under Executive Order 12866, EPA must conduct an ``assessment of
the potential costs and benefits'' for all ``significant'' regulatory
actions. This rule to grant an exclusion is not significant, since its
effect, is to reduce the overall costs and economic impact of EPA's
hazardous waste management regulations. This reduction is achieved by
excluding waste generated at a specific facility from EPA's lists of
hazardous wastes, thereby enabling this facility to treat its waste as
non-hazardous. There is no additional economic impact due to today's
rule. Therefore, this rule is not a significant regulation, and no
cost/benefit assessment is required. The Office of Management and
Budget (OMB) has also exempted this rule from the requirement for OMB
review under section (6) of Executive Order 12866.
VI. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601-612,
whenever an agency is required to publish a general notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis which
describes the impact of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
No regulatory flexibility analysis is required, however, if the
Administrator or delegated representative certifies that the rule will
not have any impact on any small entities.
This amendment will not have any adverse economic impact on any
small entities since its effect will be to reduce the overall costs of
EPA's hazardous waste regulations and it is limited to one facility.
Accordingly, I hereby certify that this regulation will not have a
significant economic impact on a substantial number of small entities.
This regulation, therefore, does not require a regulatory flexibility
analysis.
VII. Paperwork Reduction Act
Information collection and recordkeeping requirements associated
with this final rule have been approved by the Office of Management and
Budget (OMB) under the provisions of the Paperwork Reduction Act of
1980 (Pub. L. 96-511, 44 USC Sec. 3501 et seq.) and have been assigned
OMB Control Number 2050-0053.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, and Reporting
and recordkeeping requirements.
Dated: December 19, 1994.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
For the reasons set out in the preamble, 40 CFR part 261 is amended
as follows:
[[Page 1746]] 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. In Table 1 of Appendix IX of Part 261, add the following
wastestream in alphabetical order by facility 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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Bethlehem Steel Sparrows Point, Stabilized filter cake
Corporation. Maryland. (at a maximum annual
rate of 1100 cubic
yards) from the
treatment of wastewater
treatment sludges (EPA
Hazardous Waste No.
F006) generated from
electroplating
operations after
[insert date of
publication in Federal
Register]. Bethlehem
Steel (BSC) must
implement a testing
program that meets the
following conditions
for the exclusion to be
valid:
...................... (1) Testing: Sample
collection and analyses
(including quality
control (QC)
procedures) must be
performed according to
SW-846 methodologies.
If EPA judges the
stabilization process
to be effective under
the conditions used
during the initial
verification testing,
BSC may replace the
testing required in
Condition (1)(A) with
the testing required in
Condition (1)(B). BSC
must continue to test
as specified in
Condition (1)(A) until
and unless notified by
EPA in writing that
testing in Condition
(1)(A) may be replaced
by Condition (1)(B) (to
the extent directed by
EPA).
...................... (A) Initial
Verification Testing:
During at least the
first eight weeks of
operation of the full-
scale treatment system,
BSC must collect and
analyze weekly
composites
representative of the
stabilized waste.
Weekly composites must
be composed of
representative grab
samples collected from
every batch during each
week of stabilization.
The composite samples
must be collected and
analyzed, prior to the
disposal of the
stabilized filter cake,
for all constituents
listed in Condition
(3). BSC must report
the analytical test
data, including a
record of the ratios of
lime kiln dust and fly
ash used and quality
control information,
obtained during this
initial period no later
than 60 days after the
collection of the last
composite of stabilized
filter cake.
...................... (B) Subsequent
Verification Testing:
Following written
notification by EPA,
BSC may substitute the
testing condition in
(1)(B) for (1)(A). BSC
must collect and
analyze at least one
composite
representative of the
stabilized filter cake
generated each month.
Monthly composites must
be comprised of
representative samples
collected from all
batches that are
stabilized in a one-
month period. The
monthly samples must be
analyzed prior to the
disposal of the
stabilized filter cake
for chromium, lead and
nickel. BSC may, at its
discretion, analyze
composite samples more
frequently to
demonstrate that
smaller batches of
waste are non-
hazardous.
...................... (C) Annual
Verification Testing:
In order to confirm
that the
characteristics of the
treated waste do not
change significantly,
BSC must, on an annual
basis, analyze a
representative
composite sample of
stabilized filter cake
for all TC constituents
listed in 40 CFR Sec.
261.24 using the method
specified therein. This
composite sample must
represent the
stabilized filter cake
generated over one
week.
...................... (2) Waste Holding and
Handling: BSC must
store, as hazardous,
all stabilized filter
cake generated until
verification testing
(as specified in
Conditions (1)(A) and
(1)(B)) is completed
and valid analyses
demonstrate that the
delisting levels set
forth in Condition (3)
are met. If the levels
of hazardous
constituents measured
in the samples of
stabilized filter cake
generated are below all
the levels set forth in
Condition (3), then the
stabilized filter cake
is non-hazardous and
may be managed and
disposed of in
accordance with all
applicable solid waste
regulations. If
hazardous constituent
levels in any weekly or
monthly composite
sample equal or exceed
any of the delisting
levels set in Condition
(3), the stabilized
filter cake generated
during the time period
corresponding to this
sample must be
retreated until it is
below these levels or
managed and disposed of
in accordance with
Subtitle C of RCRA.
...................... (3) Delisting Levels:
All concentrations must
be measured in the
waste leachate by the
method specified in 40
CFR Sec. 261.24. The
leachable
concentrations for the
constituents must be
below the following
levels (ppm): arsenic--
4.8; barium--100;
cadmium--0.48;
chromium--5.0; lead--
1.4; mercury--0.19;
nickel--9.6; selenium--
1.0; silver--5.0.
...................... (4) Changes in
Operating Conditions:
After completing the
initial verification
test period in
Condition (1)(A), if
BSC decides to
significantly change
the stabilization
process (e.g.,
stabilization reagents)
developed under
Condition (1), then BSC
must notify EPA in
writing prior to
instituting the change.
After written approval
by EPA, BSC may manage
waste generated from
the changed process as
non-hazardous under
this exclusion,
provided the other
conditions of this
exclusion are
fulfilled.
...................... (5) Data Submittals:
Two weeks prior to
system start-up, BSC
must notify in writing
the Section Chief,
Delisting Section (see
address below) when
stabilization of the
dewatered filter cake
will begin. The data
obtained through
Condition (1)(A) must
be submitted to the
Section Chief,
Delisting Section, OSW
(5304), U.S. EPA, 401 M
Street, SW, Washington,
DC 20460 within the
time period specified.
The analytical data,
including quality
control information and
records of ratios of
lime kiln dust and fly
ash used, must be
compiled and maintained
on site for a minimum
of five years. These
data must be furnished
upon request and made
available for
inspection by EPA or
the State of Maryland.
Failure to submit the
required data within
the specified time
period or maintain the
required records on
site for the specified
time will be considered
by the Agency, at its
discretion, sufficient
basis to revoke the
exclusion to the extent
directed by EPA. All
data must be
accompanied by a signed
copy of the following
certification statement
to attest to the truth
and accuracy of the
data submitted:
[[Page 1747]]
...................... ``Under civil and
criminal penalty of law
for the making or
submission of false or
fraudulent statements
or representations
(pursuant to the
applicable provisions
of the Federal Code,
which include, but may
not be limited to, 18
U.S.C Sec. 1001 and 42
U.S.C Sec. 6928), I
certify that the
information contained
in or accompanying this
document is true,
accurate and complete.
...................... As to the (those)
identified section(s)
of this document for
which I cannot
personally verify its
(their) truth and
accuracy, I certify as
the company official
having supervisory
responsibility for the
persons who, acting
under my direct
instructions, made the
verification that this
information is true,
accurate and complete.
...................... In the event that
any of this information
is determined by EPA in
its sole discretion to
be false, inaccurate or
incomplete, and upon
conveyance of this fact
to the company, I
recognize and agree
that this exclusion of
waste will be void as
if it never had effect
or to the extent
directed by EPA and
that the company will
be liable for any
actions taken in
contravention of the
company's RCRA and
CERCLA obligations
premised upon the
company's reliance on
the void exclusion.''
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[FR Doc. 95-255 Filed 1-4-95; 8:45 am]
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