[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]
BILLING CODE 6560-50-P