[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Rules and Regulations]
[Page 71002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23230]



[[Page 71002]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-8001-7]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste Amendment

AGENCY: Environmental Protection Agency, (EPA).

ACTION: Final rule; amendment.

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SUMMARY: The EPA (also, ``the Agency'' or ``we'') is amending an 
existing exclusion to reflect changes in ownership and name for the 
Vulcan Materials Company (Vulcan), Port Edwards, Wisconsin. Today's 
amendment documents these changes.

DATES: This amendment is effective on November 25, 2005.

FOR FURTHER INFORMATION CONTACT: Todd Ramaly by phone at (312) 353-
9317, by mail at 77 W. Jackson Blvd., Mail Code DW-8J, Chicago, 
Illinois 60604, or by e-mail at <[email protected].

SUPPLEMENTARY INFORMATION: In this document EPA is amending appendix IX 
to part 261 to reflect a change in the status of a particular 
exclusion. The petition process under 40 Code of Federal Regulations 
(40 CFR) 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 an exclusion for treated K071, 
brine purification muds, to Vulcan Materials Company, Port Edwards, 
Wisconsin (51 FR 41486, November 17, 1986).
    On July 12, 2005, the Agency was notified by Vulcan that ownership 
of the facility in Port Edwards, Wisconsin had been transferred to ERCO 
Worldwide (USA) Inc. (ERCO). On July 18, 2005, ERCO certified it will 
meet all terms and conditions set forth in the delisting and will not 
change the characteristics of the waste or the K071 treatment process 
at the Port Edwards facility without prior Agency approval. Today's 
notice documents this change by updating appendix IX to incorporate 
this change in name.
    These changes to appendix IX of part 261 are effective November 25, 
2005. The Hazardous and Solid Waste Amendments of 1984 amended section 
3010 of the Resource Conservation and Recovery Act (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 facility has certified that it is prepared to 
comply. Therefore, a six-month delay in the effective date is not 
necessary in this case. This provides the basis for making this 
amendment effective immediately upon publication under the 
Administrative Procedures Act pursuant to 5 United States Code (U.S.C.) 
5531(d).

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, and Reporting 
and recordkeeping requirements.

    Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).

    Dated: November 15, 2005.
Margaret M. Guerriero,
Director, Waste, Pesticides and Toxics Division.

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For the reasons set out in the preamble, 40 CFR part 261 is amended as 
follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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1. The authority citation for part 261 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.


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2. Table 2 of Appendix IX of part 261 is amended by removing the 
``Vulcan Materials Company'' entry and adding a new entry ``ERCO 
Worldwide (USA) Inc. (formerly Vulcan Materials Company)'' in 
alphabetical order by facility to read as follows:

Appendix IX to Part 261--Wastes Excluded Under Sec. Sec.  260.20 and 
260.22

                                 Table 2.--Wastes Excluded From Specific Sources
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               Facility                        Address                          Waste description
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                                                  * * * * * * *
ERCO Worldwide (USA) Inc. (formerly    Port Edwards, Wisconsin  Brine purification muds (EPA Hazardous Waste No.
 Vulcan Materials Company).                                      K071) generated from the mercury cell process
                                                                 in chlorine production, where separately
                                                                 purified brine is not used after November 17,
                                                                 1986. To assure that mercury levels in this
                                                                 waste are maintained at acceptable levels, the
                                                                 following conditions apply to this exclusion:
                                                                 Each batch of treated brine clarifier muds and
                                                                 saturator insolubles must be tested (by the
                                                                 extraction procedure) prior to disposal and the
                                                                 leachate concentration of mercury must be less
                                                                 than or equal to 0.0129 ppm. If the waste does
                                                                 not meet this requirement, then it must be re-
                                                                 treated or disposed of as hazardous. This
                                                                 exclusion does not apply to wastes for which
                                                                 either of these conditions is not satisfied.
 
                                                  * * * * * * *
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[FR Doc. 05-23230 Filed 11-23-05; 8:45 am]
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