[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                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Facility                  Address                                                 Waste description                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                    *                   *                   *                 *                 *                 *                 *                   
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