[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Proposed Rules]
[Pages 41536-41538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20607]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[FRL-6133-9]
RIN 2050 AD38


Land Disposal Restrictions--Treatment Standards for Spent 
Potliners From Primary Aluminum Reduction (K088); Notice of Data 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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SUMMARY: EPA has received a number of data sets from which Land 
Disposal Restrictions (LDR) may be derived for EPA Hazardous Waste: 
K088--Spent potliners from primary aluminum reduction. In today's 
document, the Agency is presenting these data sets for comment in the 
context of developing a treatment standard for total arsenic (mg/kg) in 
K088 waste.
    The public has 10 days from publication of this document to comment 
on these data sets and their utility in the development of K088 
treatment standards. This document does not reopen for comment any 
other LDR Phase III or Phase IV issue.

DATES: Comments on this document must be submitted by August 14, 1998.

ADDRESSES: To submit comments, the public must send an original and two 
copies to Docket Number F-98-K88A-FFFFF, located at the RCRA Docket. 
The mailing address is: RCRA Information Center, U.S. Environmental 
Protection Agency (5305W), 401 M. Street, SW, Washington, D.C. 20460. 
RCRA Information Center is located at 1235 Jefferson Davis Highway, 
First Floor, Arlington, Virginia. The RCRA Information Center is open 
for public inspection and copying of supporting information for RCRA 
rules from 9 a.m. to 4 p.m. Monday through Friday, except for Federal 
holidays. The public must make an appointment to review docket 
materials by calling (703) 603-9230. A maximum of 100 pages may be 
copied from any regulatory document at no cost. Additional copies cost 
$0.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information or to order 
paper copies of this Federal Register document, call the RCRA Hotline. 
Callers within the Washington, Metropolitan Area must dial 703-412-9810 
or TDD 703-412-3323 (hearing impaired). Long-distance callers may call 
1-800-424-9346 or TDD 1-800-553-7672. The RCRA Hotline is open Monday-
Friday, 9 a.m. to 6 p.m., Eastern Standard Time. For other information 
on this document, contact Elaine Eby (703) 308-8449 or Katrin Kral at 
(703) 308-6120, Office of Solid Waste, Mail Code 5302W, 401 M Street, 
SW, Washington, DC 20460.


[[Page 41537]]



SUPPLEMENTARY INFORMATION:

A. Paperless Office Effort

    EPA is asking prospective commenters to voluntarily submit one 
additional copy of their comments on labeled personal computer 
diskettes in ASCII (TEXT) format or a word processing format that can 
be converted to ASCII (TEXT). It is essential to specify on the disk 
label the word processing software and version/edition as well as the 
commenter's name. This will allow EPA to convert the comments into one 
of the word processing formats utilized by the Agency. Please use 
mailing envelopes designed to physically protect the submitted 
diskettes. EPA emphasizes that submission of comments on diskettes is 
not mandatory, nor will it result in any advantage or disadvantage to 
any commenter. This expedited procedure is in conjunction with the 
Agency ``Paperless Office'' campaign. For further information on the 
submission of diskettes, contact Elaine Eby of the Waste Treatment 
Branch at (703) 308-8449.
    Availability of Rule on the Internet: Please follow these 
instructions to access the rule:
    From the World Wide Web (WWW), type http://www.epa.gov/fedrgstr. 
For the text of the document, choose: Year/Month/Day.

B. Notice of Data Availability

I. Background

    K088 (spent potliner from primary aluminum production)(40 CFR 
261.32) is generated by the aluminum manufacturing industry. Aluminum 
production occurs in four distinct steps: (1) mining of bauxite ores; 
(2) refining of bauxite to produce alumina; (3) reduction of alumina to 
aluminum metal; and (4) casting of the molten aluminum. Bauxite is 
refined by dissolving alumina (aluminum oxide) in a molten cryolite 
bath. Next, alumina is reduced to aluminum metal. This reduction 
process requires high purity aluminum oxide, carbon, electrical power, 
and an electrolytic cell. An electric current reduces the alumina to 
aluminum metal in electrolytic cells, called pots. These pots consist 
of a steel shell lined with brick with an inner lining of carbon. 
During the pot's service the liner is degraded and broken down. Upon 
failure of a liner in a pot, the cell is emptied, cooled, and the 
lining is removed.
    In 1980, EPA listed spent potliners as a RCRA hazardous waste and 
assigned the hazardous waste code K088. See 45 FR 47832 (1980).
    The Phase III--Land Disposal Restrictions Rule (61 FR 15566, April 
8, 1996) prohibited the land disposal of untreated spent potliner 
unless the waste satisfied the section 3004(m) treatment standard 
established in the same rulemaking. Phase III established treatment 
standards, expressed as numerical concentration limits, for various 
constituents in the waste. These constituents included arsenic, 
cyanide, fluoride, toxic metals, and a group of organic compounds 
called polycyclic aromatic hydrocarbons (PAHs).
    With the exception of fluoride, the treatment standard limits 
established for K088 were equivalent to the universal treatment 
standards, developed ``by evaluating all existing Agency data from 
various technologies.'' See 61 FR 15585; see also 40 CFR 268.48 
(``Universal Treatment Standards'' Table). The fluoride standard, 
however, was based on data submitted in a delisting petition from the 
Reynolds Metal Company. In the Phase III rule, the Agency granted a 
nine-month national capacity variance pursuant to section 3004 (h)(2) 
``to allow facilities generating K088 adequate time to work out 
logistics.'' See 61 FR 15589.
    Unexpected performance problems in the Reynolds treatment process 
resulted in the generation of leachate exhibiting characteristics of 
hazardous waste. Consequently, the Agency postponed implementing the 
land disposal prohibition for an additional six months on January 14, 
1997 to be able to study the efficacy of the Reynolds treatment process 
and the leachate that was generated. See 62 FR 1992, January 14, 1997. 
(At the time, Reynolds was the only operational commercial treatment 
facility for K088.) In July 1997, EPA announced that, ``Reynolds'' 
treatment (albeit imperfect) does reduce the overall toxicity 
associated with the waste'' and consequently was an improvement over 
the disposal of untreated spent potliner. See 62 FR 37696, July 14, 
1997. On October 8, 1997, the extension ended and the prohibition on 
land disposal of untreated spent potliner took effect.
    Petitions for judicial review of the Phase III rule and the January 
1997 and July 1997 rules were filed by Columbia Falls Aluminum Company, 
et al. The petitioners argued that the use of the Toxicity 
Characteristic Leaching Procedure (TCLP) does not accurately predict 
the leaching of toxic constituents, particularly arsenic, to the 
environment. The United States Court of Appeals for the District of 
Columbia Circuit decided, on April 3, 1998, that EPA's use of the TCLP 
as a basis for setting treatment standards for K088 was arbitrary and 
capricious. The court consequently vacated the treatment standards for 
fluoride and the metals, including arsenic, which are expressed only in 
terms of the TCLP. The Court also vacated the prohibition on land 
disposal. (See Columbia Falls Aluminum Company, et.al., Petitioners v. 
Environmental Protection Agency, No. 96-1234, D.C. Cir.) In its 
decision, the Court expressly invited EPA to file a motion to delay 
issuance of the mandate in this case for a reasonable time in order to 
develop a replacement standard (slip op. p. 21).
    On May 18, 1998, EPA filed a motion with the D.C. Circuit Court to 
stay the decision while the Agency promulgated interim treatment 
standards under its Land Disposal Restrictions (LDR) program. The Court 
subsequently granted the Agency until September 24, 1998 to promulgate 
the aforementioned interim standards. This Notice of Data Availability 
is part of the Agency's effort to meet the court deadline of September 
24.

II. Description of Data Sets for Total Arsenic Concentrations in 
Treated Potliner

    Because the Reynolds treatment represents virtually all of the 
available capacity for potliner treatment and the actual leachate 
concentrations of arsenic as a result of the Reynolds treatment are not 
accurately predicted by the test conditions of the TCLP, the Agency is 
developing an alternative treatment standard for arsenic in K088 waste 
based on the total arsenic present. In this manner, the addition of 
arsenic-containing additives during treatment would be prohibited. The 
Agency has examined a number of data sets, with adequate analytical 
sensitivity, from which such a standard may be developed. In this 
section, the Agency presents for comment these data sets.

a. Reynolds Performance Data

    In April 1998, the Agency received process performance data from 
Reynolds Metals Company. Total arsenic concentration data (mg/kg) were 
generated from grab samples collected from the kiln residue at 
Reynolds' Gum Springs, Arkansas plant from November 27, 1997 through 
December 26, 1997. These data consist of 30 measurements for total 
arsenic in treated residue. Total arsenic concentrations range from 
8.77 to 27.6 mg/kg. Quality assurance/quality control (QA/QC) 
documentation is provided with the data. The source(s) of the potliner 
is not identified.
    The Agency also received a one-page ``Special Laboratory Report'' 
(December 6, 1996) showing total arsenic concentrations (mg/kg) for 
K088 potliner in both the untreated and treated forms. The reported 
total arsenic

[[Page 41538]]

concentrations (mg/kg) for these six data sets are as follows: 
untreated 5.17, treated 10.2; untreated 17.9, treated 11.0; untreated 
7.89, treated 10.1; untreated 3.40, treated 8.90; untreated 4.82; 
treated 10.3; and untreated 8.14, treated 9.61. No quality assurance/
quality control documentation is provided with this data. The source(s) 
of the potliner is not identified.
b. Ormet Delisting Petition
    Data from the Ormet Primary Aluminum Corporation facility in 
Hannibal, Ohio was submitted to EPA in April 1994. The report, titled 
Petition for Exclusion for Vitrified Product From Spent Potliner, 
requested a delisting of their residues from their vitrification 
treatment process. The data in the report include arsenic 
concentrations found in five samples, taken from a pilot-scale 
combustion melting system (CMS) vitrification process to treat K088 
wastes. Total arsenic concentrations (mg/kg) in the five treated waste 
samples are reported as: <2, <5, <5, <5, and 4.2. Quality assurance/
quality control documentation for this data set consists of duplicate 
samples and matrix spike recoveries reported for three of the five 
samples.
c. Correspondence From Vortec Corporation
    Pursuant to a request by the Agency for ``totals'' data from 
residuals produced from the vitrification of K088 in Vortec 
Corporation's vitrification process, data was received by the Agency in 
a letter from R. Sarah Compton, Kilpatrick Stockton LLP to Ms. Marilyn 
Goode, U.S. Environmental Protection Agency, dated February 26, 1997. 
In this letter, total arsenic concentrations are reported from two 
pilot-scale treatability studies conducted on K088 waste. The first 
data set concerned tests conducted on waste generated by Ravenswood 
Aluminum. This data consists of only one datum point for total arsenic, 
which was measured as ``not detected'' (less than 3 mg/kg total 
arsenic). The second data set shows the results of a pilot-scale 
treatability study of K088 wastes generated by Alumax Corporation. 
Total arsenic concentrations (mg/kg) for this data set consist of seven 
data points: 4, 5, <3, <3, <3, <3, and <3. No quality assurance/quality 
control (QA/QC) documentation is provided for either of the data sets.

III. Development of Total Arsenic Treatment Standard

    As noted, the Agency is noticing for comment five data sets, one or 
more of which will likely be used to develop a total arsenic treatment 
standard for K088 waste that will be promulgated by September 24, 1998. 
The Agency's Land Disposal Restrictions Program (LDR) has specific 
requirements for any data set evaluated for possible Best Demonstrated 
Available Technology (BDAT) analysis. A full range of information is 
necessary to determine whether a treatment and its corresponding 
performance data warrants further evaluation for possible development 
of the treatment standard. For example, waste characterization; 
treatment design and operating conditions; and quality assurance/
quality control (QA/QC) documentation are all necessary components of a 
``BDAT quality'' data set. See USEPA ``Final Best Demonstrated 
Available Technology (BDAT) Background Document for Quality Assurance/
Quality Control Procedures and Methodology,'' Office of Solid Waste, 
October 23, 1991.
    The Agency is currently conducting a thorough evaluation of the 
aforementioned data sets with regard to the BDAT protocols. If, 
however, the Agency were to calculate a treatment standard from one of 
these data sets as they are presented today, a total arsenic treatment 
standard for K088 would range between 5 and 26 mg/kg total arsenic, 
depending on the data set.

IV. Documents Supporting This NODA

    The documents being placed in the docket for this NODA include:
    1. USEPA, Preliminary Calculation of Nonwastewater Treatment 
Standard for Total Arsenic Found in Spent Potliners From Primary 
Aluminum Reduction, July 1998.
    2. Spent Potliner Analytical Data, Partial Petition for Exclusion, 
Ormet Corporations, Hannabil, Ohio. (To view entire petition, refer to 
(F-95-PH3P-S0108 and F-95-PH3P-S0108.a))
    3. ``Special Laboratory Report,'' December 6, 1996. Reynolds Metals 
Company.
    4. Letter from R. Sarah Compton, Kilpatrick Stockton LLP to Ms. 
Marilyn Goode, U.S. EPA, February 26, 1997.
    5. Reynolds Lab Reports, Reynolds Metals Company, November 27, 1997 
through December 26, 1997.

List of Subjects in 40 CFR Part 268

    Environmental protection, Hazardous waste, Reporting and 
recordkeeping requirements.

    Dated: July 23, 1998.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 98-20607 Filed 8-3-98; 8:45 am]
BILLING CODE 6560-50-P