[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Rules and Regulations]
[Pages 56469-56472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27138]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261, 262, and 268
[FRL-6458-8]
RIN 2050-AE05
Land Disposal Restrictions Phase IV: Final Rule Promulgating
Treatment Standards for Metal Wastes and Mineral Processing Wastes;
Mineral Processing Secondary Materials and Bevill Exclusion Issues;
Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood
Preserving Wastewaters
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: On May 11, 1999, the Agency published technical amendments
correcting the Land Disposal Restrictions (LDR) Phase IV final rule. In
today's rule, we are correcting two minor typographical errors and one
omission in the May 11th rule. Also, we are correcting three other
errors in the LDR Phase IV final rule that came to our attention after
the May 11th technical amendments were promulgated.
EFFECTIVE DATE: This rule is effective on October 20, 1999.
ADDRESSES: The public may obtain a copy of this technical correction at
the RCRA information Center (RIC), located at Crystal Gateway One, 1235
Jefferson Davis Highway, First Floor, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at (800) 424-9346 (toll free) or (703) 920-9810 in the
Washington, DC metropolitan area. For information on this rule contact
Peggy Vyas (5302W), Office of Solid Waste, 401 M Street, SW,
Washington, DC 20460, (703) 308-5477, e-mail address is
``[email protected]''.
SUPPLEMENTARY INFORMATION:
I. Reasons and Basis for Today's Action
The Agency recently published five rules all related to various
aspects of the final Phase IV Land Disposal Restrictions (LDR) rule.
These are: the May 12, 1997 LDR final rule (the so-called ``Mini''
Phase IV Rule, 62 FR 25998), the May 26, 1998 LDR Phase IV final rule
(63 FR 28556), the August 31, 1998 administrative stay regarding
certain zinc micronutrient fertilizers (63 FR 46332), the September 4,
1998 emergency revisions to the treatment standards for carbamate
production wastes (63 FR 172), and the September 24, 1998 revisions to
the treatment standards for spent aluminum potliners (63 FR 51254).
On May 11, 1999, the Agency published technical amendments
correcting and clarifying certain aspects of all of these rules (64 FR
25408). The May 11th rule contained two minor typographical errors and
one omission that we are correcting along with three other errors in
the original May 26, 1998 LDR Phase IV final rule that have recently
come to our attention.
II. Corrections to the May 11, 1999 Technical Amendments
A. Arsenic Treatment Standard in K088
In the September 24, 1998 (63 FR 51254) revision of the treatment
standards for spent potliners from primary aluminum reduction (K088),
the Agency inadvertently omitted the treatment standard adopted for
fluoride wastewaters from the entry for K088 in the table of treatment
standards in Sec. 268.40. The May 11, 1999 technical amendments
restored the fluoride wastewater treatment standard. However, in doing
so, EPA inadvertently printed an incorrect measurement unit for the
K088 treatment standard for arsenic (a standard which in fact required
no correction at all).
The treatment standard for the nonwastewater form of arsenic in
K088 (as revised on September 24, 1998) is 26.1 mg/kg, which is to be
measured by the total amount of arsenic in the treatment residue. In
the May 11, 1999 rule, the treatment standard was incorrectly given as
26.1 mg/l TCLP (a more conventional leaching test not using acid
digestion). Today's rule removes the erroneous reference to ``mg/l
TCLP'' for the nonwastewater arsenic standard for the K088 entry in the
Sec. 268.40 table.
B. Carbamate Treatment Standards
In the September 4, 1998 (63 FR 172) revision of the treatment
standards for listed hazardous wastes from carbamate production, the
Agency added a paragraph (i) to Sec. 268.40, which inadvertently
replaced the existing paragraph (i). The May 11, 1999 technical
correction failed to properly reinstate the old paragraph. Today's rule
reinserts paragraph Sec. 268.40(i) from the September 4, 1998 rule and
redesignates it as Sec. 268.40(j).
C. Citation Within Sec. 262.34(a)(4)
Part 262.34 contains the requirements for accumulating hazardous
waste prior to treatment. In the May 11, 1999 technical correction, the
Agency
[[Page 56470]]
amended Sec. 262.34(d)(4) to change an internal citation reference from
Sec. 268.7(a)(4) to Sec. 268.7(a)(5) to reflect some other regulatory
changes to LDR paperwork requirements that had been adopted on May 12,
1997 (62 FR 25998). However, a parallel correction was not made to
Sec. 262.34(a)(4), which also contains the same outdated reference to
Sec. 268.7(a)(4). Today we are amending Sec. 262.34(a)(4) to refer to
Sec. 268.7(a)(5).
III. Corrections to the May 26, 1998 LDR Phase IV Final Rule
A. Vacated K-Code Wastes
In the LDR Phase IV final rule, the Agency removed K064, K065,
K066, K090, and K091 from the table of treatment standards in
Sec. 268.40. These five K-code wastes were vacated on April 9, 1999 in
Great Lakes Chemical Co. v EPA (No. 98-1312 (D.C. Cir.)). However,
these wastes still appear in the table of K-code hazardous wastes found
in Sec. 261.32. Today's rule removes these vacated K-code wastes from
the list in Sec. 261.32.
B. Sec. 268.7(a)(3)(ii)
Also in the LDR Phase IV final rule, the Agency revised paragraph
Sec. 268.7(a)(3)(ii) by adding a one-time notification for shipping
hazardous soil. However, in doing so, the Agency inadvertently replaced
other language in that paragraph. Today's rule reinstates the original
language and redesignates it as paragraph Sec. 268.7(a)(3)(iii).
C. Measuring Compliance With Soil Standards
Lastly, the LDR Phase IV final rule promulgated treatment standards
for contaminated soil. The preamble states that compliance with the 90%
reduction treatment standard should be measured using the toxicity
characteristic leachate procedure (TCLP) for metals and three non-
metals: carbon disulfide, cyclohexanone, and methanol (see 63 FR at
28602). Although the preamble to the final rule made it clear that the
TCLP test should be used for carbon disulfide, cyclohexanone, and
methanol, the regulatory language found in Sec. 268.49(c)(1)(A) did
not. We are addressing this discrepancy in today's rule by amending the
regulatory language to match the preamble because the preamble
accurately represents the Agency's position.
IV. Analysis Under Executive Order 12866, Executive Order 12875,
Executive Order 12898, Executive Order 13045, Executive Order
13084, the Unfunded Mandates Reform Act of 1995, the Regulatory
Flexibility Act, and the Paperwork Reduction Act
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). This rule also does not require prior consultation
with State, local, and tribal government officials as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655, May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). This rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997) because EPA interprets E.O. 13045 as applying
only to those regulatory actions that are based on health or safety
risks, such that the analysis required under section 5-501 of the Order
has the potential to influence the regulation. This rule is not subject
to E.O. 13045 because it does not establish an environmental standard
intended to mitigate health or safety risks. EPA's compliance with
these statutes and Executive Orders for the underlying rule is
discussed in the May 12, 1997, the May 26, 1998, the September 4, 1998,
and the September 24, 1998 Federal Register documents.
V. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 808 allows the issuing agency to make a good
cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefor, and established an effective date of October 20,
1999. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
VI. Immediate Effective Date
EPA is making this rule effective immediately. The rule adopts
amendments which are purely technical in that they correct inadvertent
printing errors, or mistakes which are clearly inconsistent with the
Agency's stated intent. Comment on such changes is unnecessary within
the meaning of 5 U.S.C. 553(b)(3)(B). For the same reasons, there is
good cause to make the rule effective immediately pursuant to 5 U.S.C.
553(d)(3).
List of Subjects
40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
40 CFR Part 262
Hazardous waste, Labeling, Manifest, Reporting and recordkeeping
requirements.
40 CFR Part 268
Hazardous waste, Reporting and recordkeeping requirements.
Dated: September 21, 1999.
Michael Shapiro,
Acting Assistant Administrator, Office of Solid Waste and Emergency
Response.
For the reasons set forth in the preamble, title 40, chapter I of
the Code of Federal Regulations is amended as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subpart A--General
1. The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.
Sec. 261.32 [Amended]
2. The table in Sec. 261.32 is amended by removing the entries for
K064, K065, K066, K090, and K091.
[[Page 56471]]
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
3. The authority citation for part 262 continues to read as
follows:
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.
Subpart C--Pre-Transport Requirements
4. Section 262.34 is amended by revising paragraph (a)(4) to read
as follows:
Sec. 262.34 Accumulation time.
* * * * *
(a) * * *
(4) The generator complies with the requirements for owners or
operators in subparts C and D in 40 CFR part 265, with Sec. 265.16, and
with 40 CFR 268.7(a)(5).
* * * * *
PART 268--LAND DISPOSAL RESTRICTIONS
5. The authority citation for part 268 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
Subpart A--General
6. Section 268.7 is amended by adding paragraph (a)(3)(iii) to read
as follows:
Sec. 268.7 Testing, tracking, and recordkeeping requirements for
generators, treaters, and disposal facilities.
(a) * * *
(3) * * *
(iii) If the waste changes, the generator must send a new notice
and certification to the receiving facility, and place a copy in their
files. Generators of hazardous debris excluded from the definition of
hazardous waste under Sec. 261.3(f) of this chapter are not subject to
these requirements.
* * * * *
7. Section 268.40 is amended by revising paragraph (j), and the
table at the end of the section is amended by revising the entry for
K088 to read as follows:
Sec. 268.40 Applicability of treatment standards.
* * * * *
(j) Effective September 4, 1998, the treatment standards for the
wastes specified in 40 CFR 261.33 as EPA Hazardous Waste numbers P185,
P191, P192, P197, U364, U394, and U395 may be satisfied by either
meeting the constituent concentrations presented in the table
``Treatment Standards for Hazardous Wastes'' in this section, or by
treating the waste by the following technologies: combustion, as
defined by the technology code CMBST at Sec. 268.42 Table 1 of this
Part, for nonwastewaters; and, biodegradation as defined by the
technology code BIODG, carbon adsorption as defined by the technology
code CARBN, chemical oxidation as defined by the technology code CHOXD,
or combustion as defined as technology code CMBST at Sec. 268.42 Table
1 of this Part, for wastewaters.
Treatment Standards for Hazardous Wastes
[Note: NA means not applicable]
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Waste description Regulation hazardous constituent Nonwastewaters--Concentration
and treatment/ ------------------------------------------------------- Wastewaters--Concentration in mg/kg \5\ unless noted as
Waste code regulatory in mg/l \3\; of technology ``mg/l TCLP''; or technology
subcategory \1\ Common name CAS \2\ No. code \4\ code
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* * * * * * *
K088............ Spent potliners from Acenaphthene............................ 83-32-9 0.059 3.4
primary aluminum
reduction..
Anthracene.............................. 120-12-7 0.059 3.4
Benz(a)anthracene....................... 56-55-3 0.059 3.4
Benzo(a)pyrene.......................... 50-32-8 0.061 3.4
Benzo(b)fluoranthene.................... 205-99-2 0.11 6.8
Benzo(k)fluoranthene.................... 207-08-9 0.11 6.8
Benzo(g,h,i)perylene.................... 191-24-2 0.0055 1.8
Chrysene................................ 218-01-9 0.059 3.4
Dibenz(a,h)anthracene................... 53-70-3 0.055 8.2
Fluoranthene............................ 206-44-0 0.068 3.4
Indeno(1,2,3,-c,d)pyrene................ 193-39-5 0.0055 3.4
Penanthrene............................. 85-01-8 0.059 5.6
Pyrene.................................. 129-00-0 0.067 8.2
Antimony................................ 7440-36-0 1.9 1.15 mg/l TCLP.
Arsenic................................. 7440-38-2 1.4 26.1
Barium.................................. 7440-39-3 1.2 21 mg/l TCLP.
Beryllium............................... 7440-41-7 0.82 1.22 mg/l TCLP.
Cadmium................................. 7440-43-9 0.69 0.11 mg/l TCLP.
Chromium (Total)........................ 7440-47-3 2.77 0.60 mg/l TCLP.
Lead.................................... 7439-92-1 0.69 0.75 mg/l TCLP.
Mercury................................. 7439-97-6 0.15 0.025 mg/l TCLP.
Nickel.................................. 7440-02-0 3.98 11 mg/l TCLP.
Selenium................................ 7782-49-2 0.82 5.7 mg/l TCLP.
Silver.................................. 7440-22-4 0.43 0.14 mg/l TCLP.
Cyanide (Total)\7\...................... 57-12-5 1.2 590
Cyanide (Amenable)\7\................... 57-12-5 0.86 30
Fluoride................................ 16984-48-8 35 NA.
[[Page 56472]]
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Footnotes to Treatment Standard Table 268.40
\1\ The waste descriptions provided in this table do not replace waste descriptions in 40 CFR 261. Descriptions of Treatment/Regulatory Subcategories
are provided, as needed, to distinguish between applicability of different standards.
\2\ CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical with its salts
and/or esters, the CAS number is given for the parent compound only.
\3\ Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.
\4\ All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detail in 40 CFR 268.42 Table 1--
Technology Codes and Descriptions of Technology-Based Standards.
\5\ Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration were
established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR Part 264 Subpart O or Part 265
Subpart O, or based upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may comply
with these treatment standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis of
grab samples.
* * * * * * *
\7\ Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or 9012, found in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by reference in 40 CFR 260.11, with a sample size of 10
grams and a distillation time of one hour and 15 minutes.
* * * * * * *
8. Section 268.49 is amended by revising paragraphs (c)(1) (A) and
(B) to read as follows:
Sec. 268.49 Alternative LDR treatment standards for contaminated soil.
* * * * *
(c) * * *
(1) * * *
(A) For non-metals except carbon disulfide, cyclohexanone, and
methanol, treatment must achieve 90 percent reduction in total
constituent concentrations, except as provided by paragraph (c)(1)(C)
of this section.
(B) For metals and carbon disulfide, cyclohexanone, and methanol,
treatment must achieve 90 percent reduction in constituent
concentrations as measured in leachate from the treated media (tested
according to the TCLP) or 90 percent reduction in total constituent
concentrations (when a metal removal treatment technology is used),
except as provided by paragraph (c)(1)(C)of this section.
* * * * * *
[FR Doc. 99-27138 Filed 10-19-99; 8:45 am]
BILLING CODE 6560-50-P