[Federal Register Volume 62, Number 212 (Monday, November 3, 1997)]
[Proposed Rules]
[Pages 59332-59334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29053]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 260

[FRL-5916-4]


Project XL Site-specific Rulemaking for Molex, Inc., 700 Kingbird 
Road Facility, Lincoln, Nebraska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to implement a project under the Project 
XL program for the Molex, Inc. (Molex) facility located at 700 Kingbird 
Road, Lincoln, Nebraska. The terms of the project are defined in a 
draft Final Project Agreement (FPA) which is being made available for 
public review and comment by this document. Also, EPA is making 
available for informational purposes a draft variance by the Nebraska 
Department of Environmental Quality necessary for implementation of the 
project. In addition, EPA is today proposing a site-specific rule, 
applicable only to the Molex facility, to facilitate implementation of 
the project. In the final rules section of this Federal Register, EPA 
is also adopting this rule as a direct final rule because EPA views 
this as a noncontroversial action and anticipates no adverse comments. 
If no significant adverse comments are received, the direct final rule 
will become effective in 60 days and no further action will be taken on 
this proposed rule. If significant adverse comments are received during 
the comment period, the direct final rule will not go into effect and 
EPA will proceed pursuant to this proposal, responding to the comments 
on the direct final rule and this proposal when final action is taken 
on the rule. EPA does not intend to initiate a further round of notice 
and comment, if comments are received on this proposal or the direct 
final rule. Therefore, any parties interested in commenting on this 
rule, or on the FPA, should do so at this time.
    The site-specific rule is intended to provide regulatory changes 
under the Resource Conservation and Recovery Act (RCRA) to implement 
Molex's XL project, which will result in superior environmental 
performance and, at the same time, provide Molex with greater 
operational flexibility. The flexibility provided by Project XL will 
allow the facility to segregate waste streams which had previously been 
co-mingled into a single waste stream. By changing the process lines to 
generate separate waste streams (nickel, copper, tin/lead), the 
facility can optimize the precipitation of each metal more effectively 
before the effluent is sent to the POTW. The environmental benefit from 
the project will be a substantial reduction in the mass loading of 
metals entering the City of Lincoln's POTW. In addition, the resultant 
mono-metal sludges will be commodity-like materials suitable for 
recycling by smelters. A secondary environmental benefit will be 
increased recycling and reducing the amount of material that would 
otherwise be landfilled. The site-specific rule, applicable only to the 
Molex facility, would change certain RCRA requirements so the 
implementing agency, the Nebraska Department of Environmental Quality, 
may issue a temporary variance from classifying as solid waste nickel, 
copper, and tin/lead non-precious metals containing sludges generated 
by Molex.

DATES: Comments. All public comments must be received on or before 
December 3, 1997 except that if a public hearing is held, the public 
comment period will remain open until December 18, 1997.
    Public Hearing. A public hearing will be held, if requested, to 
provide interested persons an opportunity for oral presentation of 
data, views, or arguments concerning this direct final rule to 
implement Molex's XL project. If anyone contacts the EPA requesting to 
speak at a public hearing by November 24, 1997, a public hearing will 
be held on December 15, 1997. EPA will decide by November 28, 1997 
whether a public hearing will be held. Additional information is 
provided in the section entitled ADDRESSES.
    Request to Speak at Hearing. Persons wishing to present oral 
testimony must contact Mr. David Doyle at the EPA by November 24, 1997. 
Additional information is provided in the section entitled ADDRESSES.

ADDRESSES: Comments. Written comments should be submitted in duplicate 
to: Mr. David Doyle, U.S. Environmental Protection Agency, Region VII, 
Air, RCRA & Toxics

[[Page 59333]]

Division, 726 Minnesota Avenue, Kansas City, KS 66101, (913) 551-7667.
    Docket. A docket containing supporting information used in 
developing this rulemaking, including the draft FPA and draft variance, 
is available for public inspection and copying at U.S. EPA, Region VII, 
Air, RCRA & Toxics Division, 726 Minnesota Avenue, during normal 
business hours, and at EPA's RCRA docket (Docket name ``XL-Molex''); 
401 M Street, SW, Washington, DC 20460. For access to the Water docket 
materials, call (202) 260-3027 between 9 a.m. and 3:30 p.m. (Eastern 
time) for an appointment. A reasonable fee may be charged for copying. 
A docket is also available for public inspection at the Nebraska 
Department of Environmental Quality, Lincoln, Nebraska.
    Public Hearing. If a public hearing is held, it will be held at 7 
pm on +40 days next business day, 1997 at the following location: 
Nebraska Department of Environmental Quality, Lincoln, Nebraska. 
Persons interested in attending the hearing should notify Mr. David 
Doyle, (913) 551-7667, to verify that a hearing will be held. Same 
change as in final rule.

FOR FURTHER INFORMATION CONTACT: Mr. David Doyle, U.S. Environmental 
Protection Agency, Region VII, Air, RCRA & Toxics Division, 726 
Minnesota Avenue, Kansas City, KS 66101, (913) 551-7667.

SUPPLEMENTARY INFORMATION: For further information on the rule proposed 
today, including the text of the proposed rule, see the direct final 
rule which appears in the Final Rules section of today's Federal 
Register.

    Dated: October 27, 1997.
Carol M. Browner,
Administrator.

Before The Nebraska Department of Environmental Quality

    In the Matter of Molex, Inc.; Applicant. Case No. 1898.

Order for a Temporary Variance

    This matter comes before the Director of the Department of 
Environmental Quality (DEQ) on the application of Molex, Inc. 
(Molex), for an Order granting a temporary variance pursuant to 
Title 128, Rules and Regulations Governing Hazardous Waste 
Management in Nebraska, chapter 5, section 001.04. The variance 
requests a temporary exemption from the classifying as solid waste 
of segregated sludges generated during wastewater treatment at the 
Molex Upland facility located at 700 Kingbird Road, Lincoln, 
Nebraska. The purpose of the variance request is to allow Molex 
sufficient time to collect information to demonstrate that 
segregation and separate treatment of various wastestreams at its 
facility results in a significantly reduced metals content in its 
wastewater effluent discharge to the City of Lincoln's publicly 
owned treatment works (POTW) and produces a readily recyclable 
sludge with market value. The variance is necessary to remove a 
regulatory barrier which would otherwise classify the sludges 
generated from the segregation and treatment of wastewater from 
Molex's electroplating operation as a solid waste and a listed 
hazardous waste. The sludge generated from wastewater treatment at 
the Molex facility, prior to the implementation of process changes 
to segregate and separately treat wastestreams, was considered a 
recyclable material utilized for precious metal recovery subject to 
reduced management requirements under title 128, chapter 7, section 
010. The Director has investigated the claims made by the applicant 
and the interests of others likely to be affected and the general 
public.
    The Director finds that the application of the regulation which 
would classify the sludge generated from the treatment of 
electroplating wastestreams at the Molex facility as a listed 
hazardous waste as applied to the applicant discourages innovative 
treatment by greatly increasing the cost and ability of the company 
to continue the recycling of the sludges. However, the Director 
possesses insufficient information to determine whether the sludges 
generated from the segregation and separate treatment of 
wastestreams should not be classified as solid waste because they 
have been reclaimed and are commodity-like, but must be reclaimed 
further.
    The Director finds that the granting of a temporary variance to 
allow Molex to obtain this information removes a significant barrier 
to the achievement of the environmental performance goal of a 
cleaner effluent discharge from the facility and reduced mass metals 
loading on the POTW and continued recycling of sludges. Among the 
factors to be considered in any final variance determination are:
    The degree of processing the material has undergone and the 
degree of further processing that is required;
     The value of the material after it has been reclaimed;
     The degree to which the reclaimed material is like an 
analogous raw material;
     The extent to which an end market for the reclaimed 
material is guaranteed; and
     The extent to which the reclaimed material is handled 
to minimize the loss.
    The Director further finds that the granting of this temporary 
variance fosters the incentive for innovation demonstrated by Molex 
and provides an opportunity to test monitoring requirements that may 
result in modified performance standards for the material at issue.
    It Is Therefore Ordered that the temporary variance request for 
up to two years from classification as solid waste of the sludges 
generated from the segregation and treatment of wastestreams at the 
Molex facility is granted subject to the following conditions and 
requirements:
    1. The temporary variance is limited to three sludges which are 
being recycled to reclaim nickel, copper, and tin/lead. These 
sludges shall not be mixed with each other and any other materials 
at the Molex facility.
    2. Molex shall maintain records to document the volume of these 
materials generated, stored, and recycled during the two years this 
temporary variance is in effect.
    3. Within 30 days of the date of issuance of this variance, 
Molex shall conduct an initial waste analysis on all three sludges 
(nickel, copper, and tin/lead) for TCLP and total metals (to be 
reported in milligrams per kilogram dry weight, in accordance with 
the procedures found in 40 CFR part 261, Appendices I, II, and III, 
and for pH and moisture content and report this analysis to the DEQ 
within 30 days of receipt of analytical results. This data shall be 
included in the initial baseline report required in paragraph 10.
    4. Molex shall conduct waste analysis for a representative 
composite sample from each shipment of sludge prior to shipment for 
reclamation for the following parameters: Total copper, nickel, 
lead, tin, zinc; pH; and moisture content; to be reported in 
milligrams per kilogram dry weight.
    5. The DEQ reserves the right to require additional waste 
analysis based on the results of any waste analysis performed on the 
sludges, including any testing conducted by the DEQ.
    6. Molex shall maintain records of test results, waste analyses 
and other determinations made in accordance with this temporary 
variance.
    7. Within sixty days of the date of issuance of this variance, 
Molex shall notify the DEQ of the name, address, and facility 
contact for each facility to which material is sent for reclamation 
and provide a description of the processing to be done on the 
sludge, including specifications on material which the facility will 
accept for processing.
    8. Molex shall maintain non-hazardous waste manifests 
identifying the specific shipment by an individual number, the date 
on which the material was shipped and confirmation from the 
reclamation facility of the date on which the shipment is received.
    9. The sludges containing nickel and copper destined for 
reclamation pursuant to this temporary variance shall not be 
accumulated at the facility for longer than 180 days. The sludge 
containing tin/lead destined for reclamation pursuant to this 
temporary variance shall be stored in closed containers which are 
clearly marked to identify the contents and the date on which 
accumulation in the container began. Containers shall be stored in a 
secure location, inspected on a weekly basis, and otherwise managed 
to prevent any exposure to the environment. Materials subject to 
this variance shall be transported in accordance with U.S. 
Department of Transportation requirements for hazardous materials, 
including use of a non-hazardous waste manifest.
    10. Within 60 days of the date of issuance of this variance, 
Molex shall provide an initial report in accordance with Attachment 
1 describing baseline data for: (a) the combined treatment system 
for the most recent 12 month period prior to implementation of the 
segregated treatment system, including a description of the 
wastewater treatment process, estimated daily average metals mass 
loading and pH

[[Page 59334]]

measurement in the effluent discharge, capital and operating costs 
of the combined treatment system, volume and fate of the sludge, 
TCLP and total metals analysis of the sludge if previously done, 
reclamation value of the sludge and the associated costs to Molex 
for the storage, transportation, and reclamation of the sludge, and 
(b) the segregated treatment system including descriptions of each 
wastewater treatment process, capital costs of the segregated 
treatment system, the proposed volume and fate of the sludge, and an 
estimate of the cost to transport and treat or dispose of the sludge 
as hazardous waste based on anticipated generation rate and 
transportation and treatment or disposal costs.
    11. Quarterly reports in accordance with Attachment 2 shall be 
due on the last day of the month every three months after the 
initial report describing current data for the segregated treatment 
system including the actual daily average mass metals loading in the 
facility discharge and associated metal effluent concentrations 
including pH measurements; operating costs of the segregated 
treatment system; storage, recycling volume, and fate of the sludge; 
waste analysis of the sludge; and reclamation value of the sludge 
and the associated costs to Molex for the storage, transportation, 
and reclamation of the sludge.
    12. Within 90 days of the end of this two year temporary 
variance, Molex shall provide a final report that: (a) provides an 
overview of the demonstration project; (b) incorporates the initial 
report and quarterly reports as appendices; (c) describes the 
technical aspects of the project; (d) describes and quantifies the 
environmental aspects of the project; (e) describes and quantifies 
the economic aspects of the project, including a comparison of the 
mass treatment system to the segregated treatment system and 
calculation of costs saved by this variance.
    It Is Further Ordered that Molex shall at all times remain in 
compliance with its Pretreatment Permit #NE0131776 and comply with 
all other applicable requirements in Title 128 and Nebraska law.
    It Is Further Ordered that this temporary variance shall expire 
two years from the date signed below. This temporary variance shall 
be subject to cancellation at any time for violation of any of the 
conditions and requirements identified in this temporary variance or 
refusal to conduct any additional waste analysis required pursuant 
to paragraph 5 above.

    By The Director.
Randolph Wood,
Nebraska Department of Environmental Quality.
[FR Doc. 97-29053 Filed 10-31-97; 8:45 am]
BILLING CODE 6560-50-P