[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            
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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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