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17578 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION certain corrections to the April 8, 1988 1. Applicability AGENCY proposed rule and is including 2. Treatment Standards regulatory language to § 268.30(a) that 3. National Variances from the Effective 40 CFR Parts 264, 265, 266 and 268 was inadvertently omitted from the , Dates April 8, 1988 proposal. 4. Case-By-Case Extensions of the Effective [SWH-FRL-3364-2; OSW-FR-88-006], If these proposed actions are Dates 5. "No Migration" Exemptions from the Land Disposal Restrictions for First finalized, these First Third can Restrictions Third Scheduled Wastes be land disposed after the applicable 6. Variances from the Treatment Standards effective dates if the respective 7. Exemption for Treatment in Surface AGENCY: Environmental Protection treatment standards are met or if Impoundments. Agency (EPA). disposal occurs in units that satisfy the 8. Storage of Prohibited Wastes ACTION: Proposed rule. statutory no migration standard (see40 II. Summary of Today's Proposed Rule CFR 268.6). A. Regulatory Approach SUMMARY: Pursuant to RCR-A section DATE: Comments on this proposed rule B. Best Demonstrated Available Technologies 3004(g)(5), EPA is proposing to prohibit (BDAT) must be submitted on or before June 16, C. Analysis Requirements the land disposal of certain untreated 1988. hazardous wastes listed in 40 CFR D. National Variances from the Effective 268.10 (the first one-third of the schedule ADDRESSES: The public must send an Date of restricted hazardous wastes). Today's original and two copies of their E. Rescission of National Variances for action proposes treatment standards comments to EPA RCRA Docket (S7-205) Certain Solvents and California List Wastes and pr ohibition effective dates for these (WH-562), U.S. Environmental Protection Agency, 401 M Street, SW., F. Corrections to the April 8, 1988 Proposal wastes. Today's action also reproposes ((53 FR 11742 the prohibition effective dates for Washington, DC 20460. Place the Docket Number F-88-LDR8-FFFFF on your Ill. Regulatory Approach for the First Third certain "First Third" wastes that were Wastes the subject of a recent, related proposed comments. The OSW docket is located A. Determination of Treatability Groups and rulemaking (53 FR 11742, April 8, 1988). at EPA RCRA Docket (sub-basement), Development of BDAT Treatment EPA is proposing these changes based 401 M Street, SW., Washington, DC Standards on data from the Agency's recently 20460. The docket is open from 9:00 to 1. Waste Treatability Groups conducted survey of available 4:00, Monday through Friday, except for 2. Demonstrated Treatment Technologies alternative capacity at treatment, Federal holidays. The public must make 3. Selection of Facilities for Engineering storage, disposal, and an appointment to review docket Visits and Sampling materials. Call (202) 475-9327 for 4. Hazardous Constituents Considered and facilities. In addition, the Agency is Selected for Regulation (BDAT List) proposing to rescind the nationwide appointments. The public may copy a maximum of 50 pages from any 5. Compliance with Performance Standards variance based on inadequate treatment 6. Identification of BDAT capacity promulgated for hazardous regulatory document at no cost. 7. BDAT Treatment Standards for "Derived- wastes containing halogenated organic Additional copies cost $.20 per page. From" and "Mixed" Wastes compounds (other than soils), and for FOR FURTHER INFORMATION CONTACT. a. Applicability of BDAT to "Derived-From" F001-F005 spent solvent wastes For general information contact the " Wastes from Treatment Trains generated by generators of 100-1000 RCRA Hotline, Office of Solid Waste Generating Multiple Residues kilograms of per month (WH-562B], U.S. Environmental b. Applicability of BDAT to Mixtures and and solvent wastes resulting from Protection Agency, 401.M Street, SW., Other "Derived-From" Residues. Comprehensive Environmental Washington, DC 20460, (800) 424-9346 c. Residues from Managing Listed Wastes, or Compensation and that Contain Listed Wastes, are Covered Response, Liability (toll free) or (202) 382-3000 locally. by the Prohibitions for the Listed Waste Act (CERCLA) response actions or For general information on specific 8. Transfer of Treatment Standards RCRA corrective actions. aspects of this proposed rule, contact 9. No Land Disposal as the BDAT Treatment In actions not involving First Third Stephen Weil, Lisa Faeth or William Standard wastes (or not exclusively involving Fortune, Office of Solid Waste (WH 10. Waste Specific Treatment Standards such wastes), EPA is proposing to 562B), U.S. Environmental Protection a. F006-Wastewater treatment sludges from amend the treatment standard for spent Agency, 401 M Street SW., Washington, electroplating operations except from the solvent methylene chloride in DC 20460, (202) 382-4770. For specific following processes: (1) Sulfuric acid wastewaters from the pharmaceutical information on BDAT/treatment anodizing of aluminum; (2) tin plating on industry. Also, EPA is proposing to standards, contact Jim Berlow, Office of carbon steel; (3)zinc plating (segregated require all hazardous waste derived basis) on carbon steel; (4) aluminum or Solid Waste (WH-565), U.S. zinc-aluminum plating on carbon steel products that are used in a manner Environmental Protection Agency, 401 M (5) cleaning/stripping associated with constituting disposal and whose Street SW., Washington, DC 20460, (202) tin, zinc and aluminum plating on carbon placement on the land is exempt from '382-7917. For specific information on steel; and (6) chemical etching and regulation pursuant to 40 CFR 266.20(b) capacity determinations/national milling of aluminum to meet any applicable treatment variances, contact Jo-Ann Bassi or Linda b. K001-Bottom sediment sludge from the .standard for each hazardous waste that Malcolm, Office of Solid Waste (WH- treatment of wastewaters from wood they contain as a condition of retaining 565), U.S. Environmental Protection preserving processes that use creosote that exemption. With respect to Agency, 401 M Street SW., Washington, and/or pentachlorophenol c. K022-Distillation bottom tars from the California list wastes containing DC 20460, (202) 382-7917. halogenated organic compounds production of phenol/acetone from SUPPLEMENTARY INFORMATION: cumene (HOCs), the Agency is soliciting Preamble Outline d. K046-Wastewater treatment sludges from additional comment on an approach that the manufacturing, formulation, and would allow these wastes to be burned I. Background loading of lead based initiating in industrial boilers and furnaces in A. The Statute compounds accordance with applicable regulatory 1. Scheduled Wastes e. K083-Distillation bottoms from aniline standards. Finally, EPA is making B. Regulatory Framework production

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17579 f. K086--Solvent washes and sludges, caustic 2. Summary of the Proposed Agency Action include dates when particular groups of washes and sludges, or water washes 3. The Facts Justifying a National Capacity untreated hazardous wastes are and sludges from the cleaning tubs and Variance for These Soils prohibited from land disposal unless "it equipment used in the formulation of ink 4. Request for Comment on Variance for has been demonstrated to the from pigments, driers, soaps, and Contaminated Debris stabilizers containing chromium and lead 5. No Proposed Variance for Other Administrator, to a reasonable degree of g. K087-Decanter tank tar sludge from Contaminated Soils certainty, that there will be no migration coking operations 6. Definition of "Soil" of hazardous constituents from the h. K099-Untreated wastewater from the 7. Notes on Drafting of the Regulatory disposal unit or injection zone for as production of 2,4-dichlorophenoxyacetic Language long as the wastes remain hazardous" acid (2,4-D) IV. Modifications to the Land Disposal (RCRA section 3004 (d)(1), (e)(1), (g)(5), i. K101-Distillation tar residues from the Restrictions Framework and to Proposed 42 U.S.C. 6924 (d)(1), (e)(1), (g)(5)). distillation of aniline-based compounds Soft Hammer Provisions Congress established a separate in the production of veterinary A. Applicability (40 CFR 268.1) schedule for restricting the disposal by B. Recordkeeping (40 CFR 268.7) pharmaceuticals from arsenic or organo- underground arsenic compounds C. National Variance for Spent Solvent injection into deep K102-Residue from the use of activated Waste Residues (40 CFR 268.30) injection wells of solvent- and dioxin- carbon for decolorization in the D. Section 268.8(a)(3) containing hazardous wastes and production of veterinary pharmaceuticals E. Section 268.8(b)(2) wastes referred to collectively as from arsenic or organo-arsenic F. Section 268.8(c) California list hazardous wastes (RCRA compounds G. Section 268.33(g) section 3004(f)(2), 42 U.S.C. 6924(f)(2)). j. K10&-Wastewater treatment sludges from V. State Authority The amendments also require the the mercury cell process in chlorine A. Applicability of Rules in Authorized States Agency to set "levels or methods of production B. Effect on State Authorizations C. State Implementation treatment, if any, which substantially k. Revision of BDAT Treatment Standard for diminish the toxicity of the waste or Methylene Chloride in Wastewaters from VI. Effects of the Land Disposal Restrictions the Pharmaceutical Industry Listed as Program on Other Environmental substantially reduce the likelihood of F001, F002, F003, F004, and/or F005 Programs migration of hazardous constituents 1. K021-Aqueous spent antimony catalyst A. Discharges Regulated Under the Clean from the waste so that short-term and waste from fluoromethanes production Water Act long-term threats to human health and K025-Distillation bottoms from the B. Discharges Regulated Under the Marine the environment are minimized" (RCRA production of nitrobenzene by the Protection, Research, and Sanctuaries section 3004(m)(1), 42 U.S.C. 6924(m)(1)). nitration of benzene Act (MPRSA) Wastes that meet treatment standards C. Air Emissions Regulated Under the Clean K060-Ammonia still lime sludge from coking established by EPA are not prohibited operations Air Act VII. Regulatory Requirements and may be land disposed. m. K044-Wastewater treatment sludges from Alth6ugh these prohibitions normally the manufacturing and processing of A. Regulatory Impact Analysis explosives 1. Purpose take effect immediately, the Agency is K045-Spent carbon from the treatment of 2. Executive Order No. 12291 authorized to grant national variances wastewater containing explosives 3. Basic Approach from statutory dates and case-by-case K047-Pink/red water from TNT operations 4. Methodology extensions of effective dates. The n. Wastes for Which EPA is Proposing No a. Determination of Affected Population and Administrator may grant a national Treatment Standards (Including all Practices variance from a statutory date and b. Cost Methodology Chemical Specific P and U Wastes) establish a different date, not to exceed o. Burning in Industrial Boilers and Industrial c. Economic Impact Methodology d. Benefits Methodology two years beyond the statutory Furnaces as BDAT for HOC's. deadline, based on "the earliest date on 11. Requirement that Hazardous Waste 5. Results a. Population of Affected Facilities which adequate alternative treatment, Derived Products Used in a Manner b. Costs Constituting Disposal Meet BDAT in recovery, or disposal capacity which Order to Remain Exempt from Regulation c. Economic Impacts protects human health and the d. Benefits 12. Corrections to the April 8, 1988 Proposal environment will be available" (RCRA B.Regulatory Flexibility Analysis (53 FR 11742) section 3004(h)(2), 42 U.S.C. 6924(h)(2)). C. Paperwork Reduction Act B. Determination and Measurement of .D. Review of Supporting Documents The Administratormay grant a case-by- Applicable Treatment Standards E. Rescission of National Variance for case extension of an effective date for 1. Relationship to Restrictions on California Certain Solvent and California List up to one year, renewable once for up to list Wastes Wastes one additional year, when an applicant C. Proposed Approach to Comparative Risk VIII. Implementation of the Land Disposal "demonstrates that there is a binding Assessment Restrictions Program contractual commitment to construct or D. Determination of Alternative Capacity and IX. References I Effective Dates for First Third Wastes otherwise provide such alternative X. List of Subjects in 40 CFR Parts 264, 265, capacity but due to circumstances 1. Capacity Data Base and Methodology 266 and 268 2. Capacity Analysis of First Third Wastes, beyond the control of such applicant Solvent Wastes, California List Wastes, I. Background such alternative capacity cannot and Soil and Debris reasonably be made available by such a. Total Quantity of Land Disposed First A. The Statute effective date" (RCRA section Third Wastes The Hazardous and Solid Waste 3004(h)(3), 42 U.S.C. 6924(h)(3)). b. Required Alternate Capacity Amendments (HSWA), enacted on In additionto restricting the land 3. Capacity Currently Available and Effective November 8, 1984, require the Agency to disposal of hazardous wastes, Congress Dates promulgate regulations that prohibit the E. Alternative Capacity and Effective Dates also restricted the treatment and storage for Solvent Wastes and California List land disposal of untreated hazardous of hazardous wastes. The statute allows Wastes wastes, except in land disposal units treatment of restricted wastes in surface F. National Variance from the Effective Date that satisfy the "no migration" standard impoundments which meet minimum for Contaminated Soils contained in RCRA sections 3004 (d), (e) technological requirements (certain 1. Legal Authority and (g). Specifically, the amendments exceptions are allowed). Treatment in

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17580 Federal Register / Vol. 53, No.- 95 / Tuesday, May 17, 1988 / Proposed Rules

surface impoundments is permissible sooner. Other forms of land disposal are Agency also considers placement in a provided the treatment residues that do not similarly restricted and may concrete vault or bunker intended for not meet the treatment standards, or continue to be used for disposal of the disposal purposes to be land disposal. applicable statutory prohibition levels untreated waste until EPA promulgates The provisions of the land disposal where no treatment standards have a treatment standard or until May 8, restrictions program apply.to wastes been established, are "removed for 1990, whichever is sooner. If the Agency produced by generators of greater than subsequent management within one fails to set a treatment standard for any 1,000 kilograms of hazardous waste as year of the entry of the waste into the scheduled hazardous waste by May 8, automatically well as small quantity generators of 100 surface impoundment" (RCRA section 1990, the waste is to 1,000 kilograms of hazardous waste 3005(j)(11)(B), 42 U.S.C. 6925(j)(11)(B)). prohibited from land disposal unless the (or greater than I kilogram of acute Storage of restricted wastes is waste is the subject of a successful "no hazardous waste) in a calendar month. prohibited unless "such storage is solely migration" demonstration (RCRA However, wastes produced by small for the purpose of the accumulation of section 3004[g)(6), 42 U.S.C. 6924(g)(6)). quantity generators of less than 100 such quantities of hazardous waste as B. Regulatory Framework kilograms of hazardous waste (or less are necessary to facilitate proper than 1 kilogram of acute hazardous recovery, treatment or disposal" (RCRA By way of preface, EPA notes that the waste) per calendar month are section 30046), 42 U.S.C. 6924(j)). following description of existing rules is conditionally exempt from RCRA, for the readers' convenience, and is not including 1. Scheduled Wastes intended to reopen any of these rules for the land disposal restrictions. The amendments require the Agency public comment. The land disposal restrictions apply to to prepare a schedule, by November 8, On November 7, 1986, EPA both interim status and permitted 1986, for restricting the land disposal of promulgated a final rule (51 FR 40572) facilities. The requirements of the land all hazardous wastes listed or identified establishing the regulatory framework disposal restrictions program supersede as of November 8, 1984, in 40 CFR Part for implementing the land disposal 40 CFR 270.4(a), which currently 261, excluding solvent- and dioxin- restrictions program. This rule also provides that compliance with a RCRA containing wastes covered under section implemented the first phase of the permit constitutes compliance with 3004(e). The schedule, based on a program with regulations prohibiting the Subtitle C of RCRA. Therefore, even ranking of the listed wastes that land disposal of solvent- and dioxin- though the requirements may not be considers their intrinsic hazard and their containing wastes. Corrections to the specified in the permit conditions, all volume, is to ensure that prohibitions November 7, 1986, rule were included in permitted facilities are subject to the and treatment standards are a June 4, 1987, Federal Register notice restrictions. promulgated first for high volume (52 FR 21010) to clarify the Agency's 2. Treatment Standards hazardous wastes with high intrinsic approach to regulating restricted wastes. hazard before standards are set for low Some changes to the framework were By each statutory'deadline the volume wastes with low intrinsic made in a July 8, 1987, final rule (52 FR Agency must establish the applicable hazard. The statute further requires that 25760) that prohibited the land disposal treatment standards under 40 CFR Part these determinations be made by the of California list wastes. 268 Subpart D for each restricted following deadlines: hazardous waste. After the applicable (A) At least one-third of all listed 1. Applicability effective dates, restricted wastes may be hazardous wastes by August 8, 1988. The land disposal restrictions apply land disposed in Subtitle C facilities if (B) At least two-thirds of all listed prospectively to the affected wastes. In they meet the treatment standards. If hazardous wastes by June 8,1989. other words, hazardous wastes land EPA does not promulgate treatment (C) All remaining listed hazardous disposed after the applicable effective standards by the statutory deadlines, wastes and all hazardous wastes dates are subject to the restrictions, but such wastes are prohibited from land identified as of November 8, 1984, by wastes land disposed prior to the disposal with the exception of first-third one or more of the characteristics effective dates are not required to be and second-third ranked hazardous defined in 40 CFR Part 261 by May 8, removed or exhumed for treatment. wastes. The first- and second-third 1990. Similarly, only surface impoundments wastes for which EPA has not "Soft hammer" provisions specify that receiving restricted wastes after the proniulgated treatment standards can if EPA fails to set a treatment standard applicable deadline are subject to the continue to be disposed in and by the statutory deadline for any restrictions on treatment in surface surface impoundments, provided certain hazardous waste in the first-third or impoundments contained in § 268.4 and demonstrations are made, and provided second-third of the schedule, the waste 3005(j)(11). Also, the storage restrictions these units meet the minimum may continue to be disposed in a apply to wastes placed in storage after technology requirements of section or surface impoundment provided that the effective dates. If, however, 3004(o), until May 8, 1990, or until EPA, (1) the unit is in compliance with hazardous wastes subject to the land promulgates treatment standards, minimum technological requirements disposal restrictions are removed from whichever is sooner. Other types of land and (2) prior to disposal, the generator either a storage or land disposal unit, or disposal are not restricted until EPA - has certified to the Administrator that treated in surface impoundments after promulgates treatment standards or he has investigated the availability of the applicable effective date, such until May 8, 1990, whichever is earlier. treatment capacity and has determined wastes are subject to the restrictions A treatment standard is based on the that disposal in such landfill or surface and treatment standards. performance of the best demonstrated impoundment is the only practical For the purposes of the restrictions, available technology (BDAT) to treat the alternative to treatment currently land disposal includes, but is not limited waste. EPA may establish treatment available to the generator. This to, placement in a landfill, surface standards either as specific technologies restriction on the use of landfills and impoundment, waste pile, , or performance standards based On the surface impoundments applies until EPA land treatment facility, salt dome or salt performance of BDAT technologies. sets a treatment standard for the waste bed formation, or underground mine or Compliance with performance standards or until May 8, 1990, whichever is cave (RCRA section 3004(k)). The may be monitored by measuring the

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17581

concentration level of the hazardous petition is granted, it can remain in one year is not necessary to facilitate constituents (or in some circumstances, effect for no'longer than ten years for proler treatment, recovery, or disposal. indicator pollutants) in the waste, disposal in interim status land disposal treatment residual, or in the extract of units and for no longer than the term of II. Summary of Today's Proposed Rule the waste or treatment residual. When the RCRA permit for disposal in A. Regulatory Approach treatment standards are set as permitted units. 40 CFR 268.6(h) performance levels, the regulated On May 28, 1986, EPA published a community may use any technology not 6. Variances From the Treatment notice in the Federal Register (51 FR otherwise prohibited (such as Standards 19300) promulgating a schedule for impermissible dilution) to treat the EPA established the variance from the prohibiting the land disposal of waste to meet the treatment standard. treatment standard to account for those hazardous wastes. This schedule is Treaters thus are not limited to only wastes which are unable to be treated to found in 40 CFR 268.10 for so-called those technologies considered in meet the applicable treatment ,"First Third" wastes, 40 CFR 260.11 for determining the treatment standard. standards, even if well-designed and "Second Third" wastes, and 40 CFR However, when treatment standards are well-operated BDAT treatment systems 268.12 for "Third-Third" wastes. In expressed an as specific technologies, such are used. 40 CFR 268.44. Petitions must April 8, 1988, Federal Register technologies must be employed. notice (53 demonstrate (among other things) that FR 11742) EPA proposed treatment 3. National Variances From the Effective the waste is significantly different from standards and effective dates for Dates the wastes evaluated by EPA in complying with the provisions of the The Agency establishing the treatment standard and land disposal restrictions program has the authority to grant the waste national variances from the statutory cannot be treated in applicable to certain First Third wastes. effective dates, not to exceed two years, compliance with the applicable In addition, the Agency proposed an if there is insufficient alternative treatment standard. This variance interpretation of the "soft hammer" procedure could result in the protective treatment, recovery or provisions of section 3004(g)(6) of establishment of a new treatability disposal capacity for the wastes (RCRA RCRA, which allow disposal in a group and corresponding treatment section 3004(h)(2)). To make this surface impoundment or landfill of standard that would apply to all wastes first- determination EPA compares the and second-third scheduled wastes for nationally available alternative meeting the criteria of the new waste treatability *group. which EPA has not established treatment, recovery, or protective treatment standards by the statutory disposal capacity at permitted and 7. Exemption for Treatment in Surface deadlinb. Today's notice proposes interim status facilities which will be in Impoundments treatment standards and effective dates operation by the effective date with the for additional First Third quantity of restricted Wastes that would otherwise be wastes not waste generated. If addressed in the April 8, 1988 there is a significant shortage of such prohibited from one or more methods of proposal. capacity nationwide, EPA will establish land disposal may be treated in a The proposed effective dates for an alternative effective date based on surface impoundment that meets certain' prohibitions for these wastes are based the earliest date such capacity will be technological requirements on a determination of available available. (§ 268.4(a)(3)) as long as treatment alternative capacity derived from a residuals that do not meet the applicable recently conducted survey of treatment, 4. Case-By-Case Extensions of the treatment standard (or statutory storage, disposal, and recycling Effective Dates prohibition levels where no treatment facilities. In addition, the Agency is The Agency will consider granting up standards are established) are removed .revising its proposal regarding effective to a 1-year extension (renewable only for subsequent management within one dates for the First Third wastes for once) of a ban effective date on a case- year of entry into the impoundment and which treatment standards were by-case basis. The requirements are not placed into any other surface proposed in the April 8, 1988, Federal outlined in 40 CFR 268.5 must be impoundment. The owner or operator of Register notice based on the new satisfied, including a demonstration that such an impoundment must certify to the capacity data derived from this survey. adequate alternative Regional Administrator that the treatment, The two notices do recovery, or disposal capacity for the technical requirenients have been met not propose treatment standards and effective petitioner's waste cannot reasonably be and must also submit a copy of the dates made available by the effective date due waste analysis plan that has been for all of the First Third wastes listed in to circumstances beyond the applicant's modified to provide for testing treatment 40 CFR 268.10. It was not possible to control, and that the petitioner has residuals in accordance with § 268.4 develop and analyze treatment data for entered into a binding contractual requirements. all of the First Third wastes within the time limits imposed by the statute. EPA commitment to construct or otherwise 8. Storage provide such capacity. of Prohibited Wastes intends to promulgate regulations Storage of prohibited wastes is prohibiting the land disposal of the 5. "No Migration" Exemptions From the prohibited wastes having proposed standards and Restrictions except where storage is solely for the purpose of accumulating effective dates on August 8, 1988. All EPA has the authority to allow the sufficient quantities of wastes to other wastes'listed in 40 CFR 268.10 will land disposal of a restricted hazardous facilitate proper treatment, recovery, or be subject to the "soft hammer" waste which does not meet the disposal. 40 CFR 268.50. A facility which provisions of RCRA section 3004(g)(6) treatment standard provided that the stores a prohibited waste for more than (42 U.S.C. 6924 (g)(6)). The Agency's petitioner demonstrates that there will one year bears the burden of proof that interpretation of these provisions will be be no migration of hazardous such storage is solely for this purpose. codified in final form when EPA constituents from the disposal unit or EPA bears the burden of proof if the promulgates the First Third prohibitions injection zone for as long as the waste Agency believes that storage of a as a final rule. remains hazardous. 40 CFR 268.6. If a restricted waste by a facility for up to

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17582 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

B. Best DemonstratedAvailable BASIS FOR TREATMENT STANDARDS D. National Variances from the Technologies T) (BDA (BDAT] Effective Date This notice discusses the technologies EPA is proposing to grant a two-year the Agency considered in determining Waste code BDAT national variance from the August 8, proposed treatment standards for First 1988, effective date of the land disposal F006: Third wastes addressed in this proposal. Nonwastewaters. Stabilization. restrictions for K106 wastes. The Since the standards are expressed as Wastewaters ...... ["No land disposal"]. Agency is not proposing to grant a performance levels of treatment K001 ...... Rotary kiln ; sta- variance to wastes F006, K001, K022, determined by performance bilization (nonwastewater K046, K083, K086, K087, K099, K101 and of BDAT, residuals); chemical pre- any technology not otherwise prohibited cipitation (wastewater re- K102. We are proposing (consistent with (e.g., impermissible dilution) may be siduals). drafting in sections 268.30-268.32) that used to meet these concentration-based K022: the proposed August 8, 1988, and August Nonwastewaters ...... Fuel substitution; metals 8, 1990 effective dates be codified in treatment standards. The model BDAT stabilization; metals pre- technologies on which these cipitation of scrubber § 268.33 of the proposed regulations. performance standards are based are water. In addition, today's action proposes to summarized below. Wastewaters ...... ["No land disposal"]. grant a two year variance from the K046: For F006 and"K046 nonwastewaters, Nonwastewaters ...... Stabilization. applicable effective dates for certain the BDAT performance standard is Wastewaters ...... ["No land disposal"]. contaminated soils that require solids based on stabilization; for F006 and K083 ...... Liquid injection incineration incineration capacity. EPA is also or fuel substitution. proposing to change its proposed K046 wastewaters, the standard is "No K086 (solvent washes Land Disposal". For wastes K001 and and sludges decision (addressed in the April 8, 1988 K086 (solvent washes and sludges subcategory): notice) to grant a variance from the subcategory), the performance standard Nonwastewaters. Incineration; stabilization of effective date to wastes K016, K018, ash. K019, K020, K024, K030, and K037. Based is based on incineration followed by Wastewaters ...... Chromium reduction; chem- stabilization of nonwastewater ical precipitation; filtra- on new data, it appears that there is residuals and chromium reduction K087 ...... tion. adequate treatment capacity for these followed by chemical precipitation for Rotary kiln incineration. wastes and therefore the prohibition K099 ...... :...... Chemical oxidation using effective date should be August 8, 1988. wastewater residuals. BDAT for chlorine. nonwastewater forms of K022 is based K101 ...... Incineration; metal stabiliza- Among the wastes for which EPA will on fuel substitution followed by metals tion. not set treatment standards by August 8, K102 ...... Incineration; metal stabiliza- 1988, are wastes K011, K013, and K014 stabilization and metals precipitation of tion. scrubber water. Fuel substitution or K106: resulting from production of incineration is the basis for BDAT for Nonwastewater ...... Thermal recovery. acrylonitrile. Information received from K083. EPA is ,Wastewaters ...... Sulfide precipitation; filtra- the industry trade association states proposing rotary kiln tion. incineration as the basis for BDAT for that currently, wastes K011 and K013 K021 ...... ("No land disposal"]. are all treated by filtering the K087 and is soliciting informationl-o K025...... ["No land disposal"]. wastes, support a conclusion that total recycling K060 .. --...... ("No land disposal"]. underground injecting the filtrate into can be accomplished for some K087 K044 ...... ["No land disposal"]. deep injection wells, and burning the K045 ...... ["No land disposal"]. separated suspended matter. The - subcategories. Proposed BDAT for K099 K047 ...... ["No land disposal"]. industry association also notes that the is based on chemical oxidation with producers of the wastes intend to file chlorine. The performance achieved by "no migration" petitions for continued incineration followed by metal C. Waste Analysis Requirements underground injection of these wastes. stabilization of ash residues represents proposed treatment by BDAT for both Today's proposed treatment The Agency is preparing procedures K101 and K102. Treatment standards are standards are based on the to evaluate "no migration" petitions for based on thermal recovery for K106 concentration levels of the hazardous underground injection wells. If the constituents in the waste/treatment petitions are granted,.the waste could be nonwastewaters and sulfide injected into a "no migration" precipitation followed by filtration for residual, the extract of the waste/ treatment residual developed using the underground injection unit. If no (or K106 wastewaters. "No Land Disposal" insufficient) "no migration".petitions are is the proposed BDAT treatment TCLP, or both the total composition and the extract. Wastes for which granted, the Agency may not have standard for K021, K025, K060, K044, destruction and/or removal technologies sufficient time to set treatment K045, and K047. are BDAT would require a total standards for the K011 and K013 filtrate EPA is also proposing to revise the composition analysis. These wastes are by May 8, 1990, the date these wastes performance standard for methylene K001, K022, K086, K087, K099, K1Ol, will be absolutely prohibited from land chloride in FOO1-F005 wastewaters from K102, K106, and methylene chloride in disposal (except in "no migration" the pharmaceutical industry to be based F001-F005 wastewaters from the units). on steam stripping. This would change pharmaceutical industry. Wastes for EPA is developing treatment the actual performance standards for which stabilization technologies'are standards, which will be promulgated these wastewaters in § 268.41(a). BDAT would require an extract after August 8, 1988, for the separated Furthermore, EPA is soliciting additional analysis. These wastes are F006 and suspended matter filtered from K011 and comment on an approach that would K046. Proposed treatment standards for K013 wastes, and for K014 still bottoms; amend the § 268.42(c)(2) treatment wastes requiring a total composition these wastes are currently being burned, standards to allow burning of California analysis are found in 40 CFR 268.43, and thus resulting in a residue that will be list HOCs in industrial boilers and proposed treatment standards for land disposed, at least in some cases, in furnaces in accordance with applicable wastes requiring an extract analysis are units that would not meet the "no regulatory requirements. found in 40 CFR 268.41. migration" standard. These residues

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988. / Proposed Rules 17583 must therefore meet BDAT standards III. Regulatory Approach for the First for many waste codes containing before they are land disposed. Third Wastes hazardous organic constituents, high total E. Rescission of National Variancesfor A. Determinationof TreatabilityGroups organic content, and high filterable solids, regardless Certain Solvents and CaliforniaList and Development of BDA T Treatment of whether any facility is Wastes Standards currently incinerating these wastes in a rotary kiln. The basis for this The Agency is proposing today to 1. Waste Treatability Groups determination is data found in literature, rescind parts of the November 7, 1986, For the First Third wastes, EPA used as well as data generated by EPA nationwide variances from the confirming the use of rotary kiln prohibition effective date granted for the individual listed waste codes as the starting point for developing waste incineration on wastes having the above solvents and the July 8, 1987 variances characteristics. EPA's rationale for granted for HOCs. The wastes which treatability groups. In. cases where, EPA believed that wastes represented by determining demonstrated technologies would be covered by this action are: for each waste treatabillty group is (a) Spent solvent different codes courd be treated to wastes identified as explained in the section III.A.10. in this EPA Hazardous Wastes Nos. F001-F005 similar concentrations using identical technologies, the Agency combined, the. preamble which describes the waste- generated by small quantity generators specific treatment standards. producing from 100-1,000 kilograms of codes into one treatablity group. EPA hazardous waste per month; basedits initial treatability group 3. Selection of Facilities for Engineering (b) Solvent waste generated from decisions primarify on whether the Visits and Sampling section 104 or 106 response waste codes were generated by the actions In those instances where additional under CERCLA or any RCRA corrective same or similar industries from similar data were needed to supplement the action, except where the processes. EPA believes that such waste is Agency's current knowledge of contaminated soil or debris; and groupings can be made even with (c) Hazardous wastes containing limited data because of the high treatment performance on the. HOCs in concentrations greater than or likelihood that the waste characteristics demonstrated technologies, EPA equal to 1,000 rag/l, except for California which affect treatment performance will arranged engineering visits to facilities list HOC contaminated soils. be. similar for these different waste that treat wastes with a demonstrated Based on revised estimates of the codes. For example, two codes technology that potentially could be the treatment capacity available to treat pertaining to wastes from the production basis for the treatment standards. The- these wastes, EPA has determined that of veterinary pharmaceuticals (K101 and purpose of the engineering visits was to sufficient capacity exists to incinerate or ,(102) were combined into a single confirm that candidates for sampling, in thermally combust these wastes. The treatability group. fact, met EPA's criteria of being well revised capacity estimates are discussed designed facilities and that the 2. Demonstrated Treatment in section III.E. of this proposal. necessary sampling points were Technologies accessible. During the visit, EPA also F. Correctionsto the April 8, 1988 As discussed in EPA's promulgated ,would confirm that the facility appeared Proposal(53 FR 11742) methodology for determining BDAT (see to be well operated, although the actual Today's proposal also makes certain November 7, 1986, 51 FR 40572), a operation that occurs during sampling is corrections to the April 8, 1988 proposal technology is considered to be the basis for EPA's decisions regarding (53 FR 11742). Specifically, these demonstrated for a particular waste if whether the sampling data represented corrections address the following errors: the technology currently is in the performance of a properly operated (1) Neglecting to propose regulatory commercial operation for treatment of treatment unit. language reflecting the Agency's that waste or a similar waste. For some In general, the Agency considers a approach, as currently regulated by of the First Third waste codes covered well designed facility to be one that § 268.30(a)(3); (2] incorrectly identifying by today's proposal, EPA identified contains all the unit operations a hazardous constituent in K103 and demonstrated technologies either necessary to treat the various hazardous K104 (2,4-dinitrophenol) as 2,3- through review of literature discussing constituents of the waste and any other dinitrophenol and stating incorrect current practices or on nonhazardous materials in the waste levels for aniline, nitrobenzene, and the basis of information provided by that may adversely affect treatment phenol in the regulatory text; (3) specific facilities currently treating the performance. For example, a waste incorrectly stating the total composition waste or similar wastes. containing hazardous metals and a high treatment standard for toluene in K015 In cases where the Agency did not concentration of oil and grease would waste (0.148 mg/l) as 1.00 mg/l; (4) identify any facilities currently treating require removal of potentially incorrectly heading the wastewater wastes represented by a particular nonhazardous oil and grease in order-to treatment standard tables for K016 and. waste code, EPA identified facilitate the subsequent removal of the K018 wastes as "nonwastewater", and demonstrated technologies in the hazardous metals by precipitation. EPA the K051 tables in the preamble as following manner. The Agency first also places considerable emphasis on "K050"; (5) incorrectly stating the characterized each waste for those the levels of performance the system is hazardous constituent tetrachloroethene parameters which the Agency believes designed to achieve in determining as tetrachloroethane in the preamble affect the selection of applicable whether to sample a particular tables for K019 wastewaters and treatment technologies (including treatment facility, since the facility will nonwastewaters and K020 recycling). EPA then compared these seldom exceed the goals of its original nonwastewaters; (6) stating the parameters to other wastes for which design. incorrect treatment standard for these technologies are demonstrated. If In addition to ensuring that a system hexachloroethane in K016 wastewater the parameters were similar, the Agency is reasonably well designed, the (preamble) and K030 wastewater considered the technology also to be engineering visit is designed to examine (regulatory text); and (7) neglecting to demonstrated for the waste of interest. whether the facility has a measurable include chlorobenzene in the preamble For example, EPA considers rotary kiln way of describing the operation of the table for K019 nonwastewater. incineration a demonstrated technology treatment system during the time the

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17584 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

waste is being treated. For example, Although EPA's data bases provided Engineering Reports in the Docket for EPA may choose not to sample a potential sites of treatment of individual today's rulemaking. continuous treatment system for which wastes, the data bases provided no data The specific constituents that the an important design parameter cannot that would preferentially support the Agency selected for regulation in each be continuously recorded through the selection of one facility for sampling treatability group were, in general, those use of a strip chart. In continuous. over another. In cases where several found in the untreated wastes at systems, such instrumentation is treatment sites appear to fall into the significant (i.e., treatable) important in determining whether the same level of the hierarchy, EPA concentrations. EPA does not propose to treatment system was operating within selected sites for visits strictly on the regulate constituents where data show the design requirements during the basis of what facility could be visited that they would be effectively treated by period'in which the waste was being. most expeditiously and later sampled if use of BDAT and through the regulation treated and the samples obtained. justified by the engineering visit. of other constituents (i.e., treatment of In addition to the design and A secondary consideration involved the regulated constituent naturally operation of the treatment system, EPA with the selection of technologies for results in treatment of other also bases its decision to sample a testing was the need to develop data constituents). EPA's rationale for the facility on whether the piping layout is within an ambitious statutory deadline. selection of regulated constituents can such that all samples necessary to When selecting technologies to test for be found in the BDAT background evaluate treatment performance can be performance, these deadlines required document for the treatability group (or collected. If piping is not suitable or that EPA, in some cases, select waste code) in question. cannot be easily modified, EPA would demonstrated technologies for In some cases, control of indicator not perform a sampling visit. performance tests based on the pollutants or parameters serves as a In order to select potential sites for Agency's technical judgement. This means of assuring proper treatment sampling, EPA has established a judgement considered the underlying performance. EPA has documented in hierarchy for conducting its engineering principles of operation of the various the record when and why it has selected visits. The hierarchy is (1] generators technologies and any available data such indicator pollutants or parameters. treating single wastes on-site; (2) pertaining to 'the performance of these 5. Compliance With Performance generators technologies on specific types of wastes. treating multiple wastes Standards together on-site; (3) commercial TSDFs; EPA's rationale for selecting a given and (4) EPA in-house treatment. The technology is presented by treatability All of the treatment standards basis of this hierarchy is founded on two group in Section III.A.10. of this proposed in today's rule reflect major concepts: (1) EPA believes, to the preamble. performance achieved by the Best Demonstrated Available Technology extent possible, that it should try to 4. Hazardous Constituents Considered develop treatment standards from data (BDAT). As such, compliance with these and Selected for Regulation (BDAT List) produced by treatment facilities standards only requires that the handling only a single waste; and (2) The target list of hazardous treatment level be achieved prior to land facilities that routinely treat a specific c constituents to be regulated for all disposal. It does not require the use of waste have had the best opportunity to waste codes covered by today's rule is ahy particular treatment technology. optimize design parameters. Although referred to by the Agency as the BDAT While dilution of the waste as a means excellent treatment can occur at many List. This BDAT List is derived from a to comply with the standard is facilities that are not high in this composite of 396 compounds and/or prohibited, wastes that are generated in hierarchy, EPA has adopted this classes of compounds that are presented such a way as to naturally meet the approach to avoid, when possible, in 40 CFR Part 261, Appendix VII and standard can be land disposed without ambiguities related to the mixing of Appendix VIII. This composite number treatment. With the exception of wastes (particularly wastes from includes compounds selected by EPA as treatment standards that prohibit land different treatability groups). Therefore, representatives of some of the classes. disposal, all treatment standards EPA prefers sampling from on-site EPA then identified 175 of these 396 for proposed today are expressed as a treatment facilities where the waste of which EPA could not perform an concentration level. interest is treated alone or as a major analysis of treatment performance due In today's rulemaking, EPA has used component of the total waste handled. If to one of three reasons: (1) EPA does not both total constituent concentration and such well designed on site facilities are presently have an analytical method; (2) TCLP analyses of the treated ivaste as a not available, the Agency then looks to there are no analytical standards measure of technology performance. commercial treatment facilities where available for calibrating the instruments; EPA's rationale for-when each of these mixing of many wastes is generally or (3) the analytical method requires the analytical tests is used is explained in practiced but where extensive use of an extraction solvent in which the the following discussion. optimization of treatment may still have compound would quickly dissociate For all organic constituents, EPA is occurred. If no suitable TSDF facilities (break down). The remaining 221 basing the treatment standards on the are identified, EPA conducts in-house compounds comprise the BDAT List. total constituent concentration found in tests and optimizes the process itself on For certain treatability groups, the the treated waste. EPA based its a more limited basis. -BDAT List was then shortened because decision on the fact that technologies EPA used a number of data bases to it was unlikely that particular exist to destroy the various organic determine if any generators were constituents would be present. EPA's compounds. Accordingly, the best treating specific wastes on-site or if rationale for shortening the BDAT List measure of performance would be the there were any commercial TSDFs for a given waste code or waste extent to which the various organic treating this waste. EPA's treatability group is presented in the compounds have been destroyed or the documentation for locating on-site Sampling and Analysis Plan (SAP) total amount of.constituent remaining generating facilities and/or commercial developed for each Agency sampling after treatment. TSDFs for each waste can be found in visit. The SAP for each tested waste Note.-EPA's land disposal restrictions for the Docket for today's rulemaking. code can be found in the On-site solvent waste codes F001-F005 (51 FR 405721

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules '17585 uses the TCLP value as a measure of rulemaking for solvent waste codes remove metals) may generate further performance. At the time that EPA F001-F005. Also, this screening step additional inorganic residues which also promulgated the treatment standards for recognizes the fact that different Fool-F005, useful data were not available on may require stabilization. Ultimately, total constituent concentrations in treated performance measures may be these additional wastes may require residuals and. as a result, the TCLP data appropriate depending on the land disposal and must, therefore, meet were considered to be the best measure of technology used (i.e., total constituent the same standards as the stabilized ash performance. analysis for incineration versus TCLP residues. With respect to these For inorganic constituents, EPA is for stabilization) as discussed earlier. additional wastes, the Agency wishes to EPA was able to emphasize the design' emphasize the following points: using either total constituent and operation of the concentration, the TCLP, or in some treatment system (1)All of the residues from treating cases, both, as the basis for treatment for the First Third wastes because its the original listed wastes are likewise field tests have been modified to gather considered to be the listed waste by standards. EPA is using total constituent detailed data to support these analyses. concentrations when the technology virtue of the derived-from rule contained As discussed earlier, the EPA field tests in 40 CFR 261.3(c)(2) (this point is basis includes a metal recovery include data describing the operating operation. The underlying principle of discussed more fully in the subsection conditions of the treatment unit during below). Consequently, all of the wastes metal recovery is the reduction of the the time that treatment samples were amount of metal in a waste by generated in the course of treatment collected. would be prohibited from land disposal separating the metal for recovery; After the initial screening test, EPA therefore, total -constituent unless they satisfy the treatment adjusted all treated data values based standard or meet one of the exceptions concentration in the treated residual is on the analytical recovery obtained in an important measure of performance to the prohibition. order to take into account analytical (2)The Agency's proposed treatment for this technology. EPA also believes interferences associated with the that it is important that any remaining standards generally contain constituent chemical makeup of the treated sample. concentrations for "wastewaters" and metal in a treated residual waste not be For example, a treated residual data in a state that is easily leachable; constituent concentrations for point of 0.2 mg/kg with an analytical "nonwastewaters". The treatment accordingly, EPA also is using the TCLP recovery of 50 percent would be as a measure of performance. It is standards apply to all of the wastes adjusted to 0.4 mg/kg. In developing generated in treating the original important to note that, for wastes where recovery data (also referred to as treatment standards are based on a prohibited waste. Thus, for example, all accuracy data), EPA would first analyze solids generated K101 metal recovery process, the waste has to a waste for a constituent and then add a from treating and meet both the total constituent known amount of the same constituent K102 would-typically have to meet the concentration and the TCLP (i.e:, spike) to the waste material). The treatment standards for nonwastewaters concentration prior to land disposal. and all wastewaters generated from' total amount recovered after spiking treating In cases where treatment standards minus the initial concentration in the these wases would have to for metals are not based on recovery sample divided by the amount added is meet the treatment standards for techniques but rather on stabilization, the recovery value. wastewaters. (For the purposes of this EPA is using the TCLP as the measure of After adjusting the data, EPA then rule, the Agency defines wastewaters as the treatment technology's performance. averaged the performance values for the those wastes, mixed wastes, or derived- The Agency's rationale is that various treatment operations and from wastes that contain less than 1% stabilization is not meant to reduce the compared the mean values using.the total organic carbon (TOC) and less concentration of metal in a waste but analysis of variance test (ANOVA), as than 1%filterable solids. Those wastes, only to chemically and physically described in the November 7, 1986, mixed wastes or derived-from wastes minimize the mobility of the metals in preamble (see 51 FR 40591), to determine that do not meet this definition are the waste. These are parameters if one technology performed defined as nonwastewaters. A facility is measured by the TCLP protocol. significantly better. EPA's decision not allowed to dilute or perform partial treatment on a waste in order to switch 6. Identification of BDAT regarding selection of one technology over another that resulted from this the applicability of a nonwastewater A detailed discussion of the Agency's methodology can be found in the standard to a.wastewater standard or general methodology for establishing "Identificatioh of BDAT" sections that vice versa.) BDAT standards is provided in 51 FR follow for each treatability group. The Agency has not performed tests, 40572 (November 7, 1986) and is not in all cases, on every waste that can reopened for comment here. This section 7. BDAT Treatment Standards for result from every part of the treatment discusses the specific application of the "Derived-From" and "Mixed" Wastes train. However, the Agency's treatment methodology to the First Third wastes, a. Applicability of BDA T to "Derived- standards are based on treatment of the and provides a summary of some of the From" Wastes from Treatment Trains most concentrated form of the waste. principal elements of the BDAT GeneratingMultiple Residues. in a Consequently, the Agency believes that methodology. number of instances in this proposed the less concentrated wastes generated • As a first step in the development of rule, the proposed BDAT consists of an in the course of treatment also will be BDAT treatment standards, EPA operation or series of treatment able to be treated to meet these screened the available treatment data operations which generate additional standards. for a particular treatability group with waste residues. For example, the b. Applicability of BDA T to Mixtures regard to the design and operation of the proposed BDAT treatment for wastes and Other "Derived-From"Residues. system, the quality assurance/quality K101 and K102 is based on incineration There is a further question as to the control analyses of the data, and the followed by metals (ash) stabilization. applicability of the BDAT treatment analytical tests used to assess treatment Incineration generates two residues levels to residues generated not from performance. This screening step is requiring treatment, namely the ash treating the Waste (as discussed above), consistent with EPA's promulgated residues and the scrubber waters. but generated instead from other types approach in the November 7, 1986, Treatment of the scrubber waters (to of management. Examples are

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17586 Federal Register' / Vol. 53, No. 95 / Tuesday, May 17, 1988 /' Proposed Rules contaminated soil, or leachate that is material is identified as a hazardous position, indicating that soil and debris derived from managing the waste. In waste, all of that material, no matter that are contaminated with listed spent these cases, the mixture is still deemed when disposed, is a listed hazardous solvents or dioxin wastes are subject to to be the listed waste, either because of waste (albeit, not subject to Subtitle C the prohibition for these wastes even the. derived-from rule, the mixture rule regulations if in an inactive unit, and not though these wastes are not the (40 CFR 261.3(a)(2)(iv)), or because the subject to the land ban if disposed of originally generated waste, but rather listed waste is contained in the matrix before the ban effective date and not are a residual from the waste's (see, e.g., 40 CFR 261.33(d)). The removed or exhumed thereafter). See management (RCRA section 3004(e)(3)). prohibition for the particular listed CERCLA section 103(c) (owners of It is EPA's view that all such residues waste consequently applies to this type inactive sites that handled hazardous are covered by the existing prohibitions. of waste. waste identified or listed by EPA, where and by the treatment standards for the The Agency believes that the majority the identification or listing occurred listed hazardous waste that these of these types of residues can meet the after the site was closed, must still residues contain and from which they treatment standards for the underlying 'notify EPA of their existence); 46 FR are derived. listed wastes (with the possible 22146, 22149 (April 15, 1981) (same); 8. Transfer of Treatment Standards exception of contaminated soil and RCRA sections 3004(d)(3), 3004(e)(3), debris for which the Agency is currently and 3020(b) (application of RCRA In today's notice, EPA is proposing investigating whether it is appropriate to Subtitle C requirements to listed wastes some treatment standards that are not establish a separate treatability and residues from CERCLA response based on testing of the treatment subcategorization). For the most part, actions, most of which involve wastes technology of the specific waste subject these residues will be less concentrated disposed of before the listing date); 50 to the treatment standard. Instead, the than the original listed waste. By FR 1994 (Jan. 14,,1985) (listing of dioxin- Agency determined that the constituents assuming that the values used to containing waste applies to waste and present in the waste can be treated.to establish the treatment standard exhibit residues like contaminated soil, the same performance levels as a lognormal distribution, the Agency is disposed before the listing effective observed in other wastes for which EPA allowing for a reasonable amount of date-and before the Subtitle C has previously developed treatment process variability in the generation and regulation effective date). Second, data. EPA believes transferring treatment of the waste. The waste also residues derived-from treating, storing, treatment performance for use in might be amenable to a relatively or disposing (including leaking-see, e.g. establishing treatment standards for nonvariable form of treatment RCRA section 1004(3) and United States untested wastes is valid technically in technology such as incineration. Finally, v. Waste Industries,Inc., 743 F.2d 159, cases where the untested wastes are and perhaps most important, the rules 164 (4th Cir. 1983)), of these wastes are generated from similar industries or contain a treatment variance procedure also hazardous by virtue of the derived- from similar processing steps. As that allows a petitioner to demonstrate from rule. explained earlier in this preamble, that its waste cannot be treated to the Thus, residues from managing First transfer of tfeatment standards to level specified in the rule (40 CFR Third wastes, listed California list wastes from similar processing steps 268.44(a). This provision provides a wastes, and spent solvents and dioxin requires little formal analysis because of safety valve that allows persons with wastes are all considered to be subject the likelihood that similar production unusual waste matrices to demonstrate to the prohibitions for the underlying processes will produce a waste matrix the appropriateness of a different hazardous wastes. As explained above, with similar characteristics. However, in standard. The Agency notes that to date this result stems directly from the the case where only the industry is it has not received any petitions under derived-from rule in 40 CFR 261.3(c)(2), similar, EPA more closely examines the this provision (for example, for residues or in some cases because the waste is waste characteristics prior to concluding contaminated with a prohibited solvent mixed with or otherwise contains the that the untested waste constituents can waste), indicating, in the Agency's view, listed waste. The underlying principle be treated to levels associated with that the existing standards are generally stated in all of these provisions is that tested wastes. achievable. listed wastes remain hazardous until EPA undertakes a two-step analysis c. Residues from ManagingListed they are delisted. when determining whether wastes Wastes, or that Contain Listed Wastes, Nor is there any argument that a generated by different processes within are Covered by the Prohibitionsfor the residue from managing a listed waste is a single industry can be treated to the Listed Waste. In response to inquiries, not considered to be the listed waste. same level of performance. First, EPA . EPA confirms its long-standing For example, the Agency's historic reviews the available waste interpretation that residues (leachate, practice in processing delisting petitions characteristic data for identifying those for example) that derive from treatment, addressing mixed residuals has been to parameters which are expected to affect storage, or disposal 6f wastes that were consider them to be the listed waste and treatment selection. EPA has identified disposed before the effective date of the to require that delisting petitioners some of the most important constituents listing are nevertheless subject to the address all constituents for which the and other parameters needed to select derived-from rule. These residues original derived-from waste (or other the treatment technology appropriate for therefore could become subject to the mixed waste) was listed. The language a given waste. A detailed discussion of land disposal ban for the listed waste in 40 CFR 260.22(b) states that mixtures each analysis, including how each from which they derive if they are or derived-from residues can be delisted parameter was selected for each waste, managed actively after the effective provided a delisting petitioner makes can be found in the background date of the land disposal prohibition for the identical demonstration that a document for each waste. the underlying waste. This result follows delisting petitioner would make for the Second, when an individual analysis from direct application of the underlying waste. These residues suggests that an untested waste can be regulations and the statute. consequently are treated as the treated with the same technology as a First, hazardous waste listings are underlying listed waste for delisting waste for which treatment performance retroactive-that is, once a'particular purposes. The statute likewise takes this data are already available, EPA then .

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 175875 analyzes a more detailed list of Agency believes the best way to electrodeposition, and/or product constituents that represent some of the proceed is to establish "no land rinsing. These baths often generate most important waste characteristics disposal" as the treatment standard. wastewater streams containing metals, which the Agency believes will affect o EPA has recently learned that some metal salts, acids, alkalis, and various the performance of the technology. By F006, K022 and K083 wastewaters may bath control compounds. These examining and comparing these be disposed through underground wastewater streams are typically characteristics, the Agency determines injection. If this is the case, the "No combined and treated to generate a' whether the untested wastes will Land Disposal" standard proposed for precipitated, nonwastewater residual achieve the same level of treatment as these wastewaters would preclude defined as F006. The treated wastewater the tested waste. Where the Agency continued injection of untreated is typically discharged to a POTW or to determines that the untested waste can wastewaters unless a no migration a surface water under a NPDES permit. be treated as well as the tested waste, petition had been granted. The Agency' Untreated F006 wastes are typically the treatment standards can be intends to seek clarification of the aqueous sludges containing up to 60% by transferred. A detailed discussion of this circumstances in which these wastes are weight filterable solids comprised transfer process for each waste and being injected underground in order to primarily of hydroxide or sulfide salts of constituent can be found in the BDAT determine whether the "No Land the metals used in the electroplating background documents for each waste Disposal" standard should be modified. process. Since at different plants, or waste treatability group. The Agency thus seeks comment on the different combinations of metals are 9. No Land Disposal as the BDAT circumstances surrounding injection of being plated and since a variety of rinse FOO6, K022 and K083 wastes, and on the Treatment Standard waters and bath solutions are mixed nature of the wastes being injected. and treated in the wastewater treatment EPA is proposing "no land disposal" 10. Waste Specific Treatment Standards systems, concentrations of BDAT List as BDAT for several of the-First Third metals can vary widely. Wastes wastes. This standard is analogous to This section describes the identified as F006 are typically the no discharge standard established development of BDAT treatment generated as sludges that, for the as Best Available Technology (BAT) standards for all of the First Third' purposes of BDAT, are classified as treatability groups covered 13y today's under the Clean Water Act's effluent nonwastewaters. guideline program. It indicates that after rule. It includes tables showing the 2. Applicable/Demonstrated examining available data, the Agency specific constituents regulated, as well has identified that: (1) The waste can be as the tieatment standards. Treatment.Technologies. Because of the totally recycled without generating a a. F0O---Wastewater treatment high water content of the waste, prohibited residue: (2) the waste is not sludges from electroplating operations' dewatering technologies such as vacuum filtration, plate and frame pressure currently being land disposed; or (3) the except from the following processes: (1) waste is no longer being generated. Sulfuric acid anodizing of aluminum; (2) filtration, and centrifugation have been An alternative to establishing no land tin plating on carbon steel; (3) zinc identified as applicable technologies for disposal as BDAT would be to indicate plating (segregated basis) on carbon reducing the water entrained in the that the BDAT treatment standard is a steel; (4) aluminum or zinc-aluminum waste. This generally will reduce the concentration level of "0" for all plating on carbon steel; (5) cleaning/ volume of solid residuals that require hazardous constituents. This appears to stripping associated with tin, zinc and disposal. These technologies, however, the Agency to be a less desirable way to aluminum plating on carbon steel; and are merely simple physical treatment proceed, given that the analytical limit (6) chemical etching and milling of technologies. The Agency does not of detection is always greater than zero. aluminum. believe that such technologies provide Given that technologies exist that make 1. IndustryAffected and Waste any significant treatment of the metals land disposal unnecessary, and that "0" Description.The listed waste F006 is or cyanide contained in the sludge. really means the analytic detection limit primarily generated by facilities in the Dewatering technologies are not and not truly zero, EPA thinks that electroplating or metal finishing designed to provide chemical binding of specifying no land disposal as BDAT is industries. However, F006 is often constituents. Thus, little reduction in a better way of expressing its intention. generated by many industries where leachability of metals and/or cyanide is The Agency notes that it could simply electroplating is a secondary operation. achieved. However, dewatering can be allow the statutory prohibition to take The Agency estimates that there are considered an applicable technology effect (at least by May 8, 1990, the date approximately 4,500 facilities that when incorporated into a treatment of the absolute statutory prohibition) to potentially generate F006. While this train that includes wastewater achieve the intended result of no land waste is generated in just about all treatment technologies such as disposal. The drawback with this p6rtions of the United States, a large chromium reduction, cyanide approach is that it allows no possibility proportion of the facilities generating destruction, metals precipitation, of granting a variance from a treatment F006 are located in the Midwest, settling, filtration (or centrifugation), standard for those wastes that might not Northeast, and Southeast. and solidification. be amenable to the BDAT treatment Electroplating has been broadly The Agency has identified a few cases technology. In the absence of a defined by the Agency to include where metal recovery processes for F006 treatment standard, a facility would electrodeposition of common and wastes have been performed. The have to initially petition the Agency to precious metals, anodizing, chemical concentrations and identity of metals in establish a treatment standard for the conversion coating, electroless plating, F006 wastes vary widely depending on waste, a more cumbersome and time- immersion plating, chemical etching and the specific metals used in the plating consuming process than applying for a milling, and printed circuit board process. The Agency has determined variance under 40 CFR 268.44. This manufacture (51 FR 43350). The overall that while metal recovery processes are approach would also allow the waste to process is usually conducted in a series applicable technologies for some F006 be land disposed until May 8, 1990, of baths used for various operations wastes, at this time, it has not bcpn able under the "soft hammer" of section such as degreasing, acid etching, to define any particular subcategories of 3004(g)(6) of RCRA. Accordingly, the prerinsing, passivation, FOOO wastes that would be amenable to

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17588 . Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

a particular recovery process. EPA is proposal. Therefore, these data points of measure for all analyses of leachate currently investigating F006 wastes that were not used for the development of are mg/l (or parts per million on 'a are now being recovered, in order to the BDAT treatment standards for the weight by volume basis). determine the waste characteristics that metal constituents. This data is o (i) Nonwastewaters. For wastes would define these subcategories. presented in the background document identified as F006 nonwastewaters, EPA Specifically, EPA is investigating high for this waste. is proposing to regulate twelve temperature metals recovery for those 4. Identificationof BDAT. BDAT for constituents from the BDAT List as F006 wastes that contain greater than nonwastewater F006 (sludges) was indicators of effective treatment of these 2.5% zinc. EPA solicits comments and determined to be stabilization for the wastes. Eleven of these are metal data that can be evaluated for this metal constituents. Data and constituents including antimony, purpose. information submitted by the arsenic, barium, cadmium, total EPA has identified stabilization as an commercial hazardous waste treatment chromium, copper, lead, nickel, applicable technology for treatment of industry indicates that this technology is selenium, silver, and zinc. At the time of nonwastewater forms of F006. being widely used throughout the United this proposal, the Agency has not Stabilization is designed to chemically States. EPA has determined that this completed its evaluation of waste bind metal constituents of the waste into technology is both applicable and characterization and treatment the microstructure of a cementitious demonstrated for nonwastewater F006 information for antimony, arsenic, matrix. The purpose of stabilization is to sludges. The Agency currently has no barium, selenium and cyanide. immobilize the metal constituents and data demonstrating any other treatment Therefore, as noted above, the Agency thereby reduce their leaching potential. or recycling technology for metal is proposing to reserve BDAT standards A variety of agents, including Portland constituents that would be applicable to for antimony, arsenic, barium, selenium cements, cement kiln dust, hydrated all F006 wastes. Stabilization is judged and cyanide until this evaluation can be limes, quick lime, fly ash and other to be available to- treat the metal completed. pozzolanic materials, have been constituents of F006 wastes because (1) (ii) Wastewaters.'F006 waste is'a demonstrated to act as binding agents it is commercially available or can be sludge consisting of precipitated for various types of wastes containing purchased from the technology residues generated following treatment metals. Stabilization processes generate developer 6nd (2) it provides a of electroplating wastewaters. The hardened solid residues that, for the substantial reduction in the leaching treated wastewater is typically purposes of BDAT, are classified as potential of hazardous constituents. discharged to a POTW or to a surface nonwastewaters. The Agency believes BDAT for F006 wastes that also water under a NPDES permit. No contain cyanide is stabilization of the that these processes do not generate additional wastewater is typically wastewater residuals. The Agency has metal constituents preceded by a generated during the stabilization of data that -indicate that this techn6logy is pretreatment step to destroy the nonwastewater F006 sludges. both applicable and demonstrated for cyanide. The Agency is currently F006. EPA does not consider investigating the use of technologies EPA recognizes that wastewater forms of F006 may be generated at a stabilization to be an applicable such as alkaline chlorination, wet air technology for the treatment of cyanide. oxidation, ozonation, electrolytic CERCLA site, during a corrective action EPA has identified alkaline oxidation, and other chemical oxidation at a RCRA facility, as a leachate from a chlorination, wet air oxidation, as applicable. technologies for F006 landfill, or as a residual from a ozonation, electrolytic oxidation, and wastes that contain treatable quantities treatment process such as sludge other chemical oxidation as applicable of cyanide. EPA will confirm these dewatering or a process other than technologies for the treatment of technologies as BDAT when this data stabilization (one that can achieve the cyanide contained in F006 wastes. All of becomes available. same performance). Since generation of these technologies are designed to 5. Regulated Constituents and these types of wastewaters may occur, destroy cyanide by converting it to Treatment Standards.The proposed the Agency is, therefore, proposing a "treatment standard" for F006 - carbon dioxide and nitrogen gas. The regulated constituents and BDAT Agency is currently investigating the use treatment standards for wastes wastewaters of "No Land Disposal". By of these technologies for F006 wastes identified as F006 are listed in the tables establishing this standard,. a facility that that contain treatable quantities of at the end of this section. The Agency generates and needs to treat a cyanide to establish that it is believes that regulating these wastewater, can submit a petition to the demonstrated for these wastes. constituents will ensure that other Agency for a variance from this 3. Data Base. The Agency has nine BDAT List constituents will be treatment standard. The Agency TCLP data points for nonwastewater' effectively treated by the technologies believes that few, if any, petitions for a F006 (sludges) treated at a commercial determined to be BDAT. EPA's rationale variance will be submitted because treatment, storage, and disposal facility for selecting the regulated constituents facilities generally will discharge these using a stabilization technology. Cement is presented in the BDAT Background wastewaters to a POTW or surface kiln dust was used as the chemical Document for this waste code. Facilities water under a NPDES permit. However, binding agent. All of the data points must comply with these treatment EPA solicits comments from any facility appear to represent well-designed and standards prior to placement of these that believes that elimination of land well-operated treatment. These data wastes in land disposal units. Those disposal of these wastewaters is not points were used for the development of wastes that as generated naturally meet feasible and that numerical treatment the BDAT treatment standards for the these standards are not prohibited from standards should be promulgated. metal constituents. disposal in these units. Dilution to EPA has recently learned that some The Agency has three TCLP data achieve these treatment standards is F006 wastewaters may be disposed points for nonwastewater F006 (sludges) forbidden. through underground injection. If this is treated at a generator's facility using a Treatment standards for metal the case, the "No Land Disposal" stabilization technology. Analysis of the constituents are based on analyses of standard would preclude continued , quality assurance information for this leachate from the TCLP for all wastes injection of untreated wastewaters data was incomplete at the time of this identified as nonwastewaters. The units unless a no migration petition had been

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17589 granted. The Agency intends to seek constituents present in the wastes metals. Stabilization processes generate clarification of the circumstances in include pentachlorophenol, creosote, hardened solid residues that, for the which F006 wastewaters are being phenolics, polynuclear aromatics, and purposes of BDAT, are classified as injected underground in order to some nonhalogenated volatiles. These nonwastewaters. The Agency believes determine whether the "No Land wastes also contain less than 1% BDAT that these processes do not generate Disposal" standard should be modified. List metals. K001 wastes are wastewater residuals. The Agency thus seeks comment on the characterized by their high filterable The Agency has also identified a circumstances surrounding injection of solids concentration and high organic wastewater treatment system as an F006 wastewaters, and on the types of content. These wastes are typically applicable technology for removal of wastes being injected. generated as sludges that, for the metals from wastewater residuals (such purposes of BDAT, are classified as as scrubber waters) generated during BDAT TREATMENT STANDARDS FOR F006 nonwastewaters. treatment or handling of the [Nonwastewaters] 2. Applicable/Demonstrated nonwastewater forms of K001, followed Treatment Technologies. EPA has by stabilization of the solid wastewater Maximum for any single identified incineration in a rotary kiln grab sample treatment residues. This Wastewater followed by stabilization of the resultant treatment system includes a chemical Constituent Total incinerator ash as applicable precipitation step to precipitate composition TCLP (mg/I) technologies for treatment of all (mg/kg) dissolved metals as solids followed by a nonwastewater forms of K001. Rotary filtration step to remove these solids. kiln incinerators are designed Antimony ...... ( ) (2) The residues of this wastewater Arsenic ...... ( ) (2) specifically to handle-sludges, solids, treatment system include the treated Barium ...... ( ) (2) tarry wastes, and containerized liquids wastewater and the solids that are Cadmium ...... (19 0.066 that are difficult tQ atomize through a classified, for the purposes of BDAT, as Chromium (Total) ...... () 3.8 liquid injector. Many rotary kiln Copper ...... ( ) 0.71 nonwastewaters. Further application of Lead ...... ( ) 0.53 incinerators are also designed to a stabilization process to these solids Nickel ...... (') 0.31 simultaneously. incinerate other liquid may be necessary in order to conform Selenium ...... (I) . (2) wastes or supplemental fuel. The with the BDAT treatment standards for Silver ...... ( ) 0.26 purpose of incineration is to thermally Zinc ...... ( ) 0.086 nonwastewaters. Cyanide ...... (2) (2) destioy (oxidize) the organic EPA has not identified any facility constituents of a waste. The Agency currently performing incineration and I Not applicable. recognizes that any technology such as a 2 Reserved. metals (ash) stabilization of K001 on a fluidized bed or multiple hearth commercial scale. However, EPA incinerator that is designed for thermal BDAT TREATMENT STANDARDS FOR F006 believes this technology is demonstrated destruction of sludges, solids, or tarry. for K001 in that it is being used to treat [Wastewaters] wastes is potentially applicable to these wastes similar to wastes. However, the Agency believes K001. EPA has confirmed this judgment by using a test that the performance of rotary kiln facility to incinerate incineration attains the performance representative NO LAND DISPOSAL achievable by other thermal destruction samples of K001 wastes. technologies that are well designed, well 3. DataBase. For K001 waste, the Agency tested rotary b. K001-Bottom sediment sludge from operated, and can handle sludges of this kiln incineration at the treatment of wastewaters from wood type. These incinerators generate ash two facilities. The Agency has nine data preserving processes that use creosote residues that, for the purposes of BDAT, sets for incineration of K001 waste' and/or pentachlorophenol. are classified as nonwastewaters.. collected from two facilities 1. Industry Affected and Waste Scrubber waters from air pollution representing both creosote waste and Description.The listed waste K001 is control devices are often generated and pentachlorophenol waste. Data generated by facilities in the wood are classified as'wastewaters. Both of collected during the testing of rotary kiln preserving industry. The Agency these residues must meet the BDAT incineration technologies show that the estimates that there are approximately treatment standards prior to placement treatment systems were well operated. 400 facilities that havq wood preserving in land disposal units. The treatment residuals from rotary kiln processes that could potentially EPA has identified stabilization as an incineration (ash and scrubber water) generate K001 waste. While this waste applicable technology for treatment of are expected to contain metals in can be generated in just about all certain nonwastewater forms of K001. treatable concentrations. The Agency portions of the United States, a large These include precipitated residues from has data for stabilization of metals in proportion of the facilities generating the treatment of wastewaters (such as other incinerator ash and for chemical K001 are located in the Southeast, scrubber waters), as well as ash precipitation of BDAT List metals in Northwest, and Central parts of the residues from incineration. Stabilization wastewaters. United States. is designed to chemically bind metal The Agency examined all available The preservation of wood using constituents of the waste into the treatment data for stabilization of creosote and/or pentachlorophenol microstructure of a cementitious matrix. similar incinerator ash as well as generates wastewaters containing The purpose of stabilization is to chemical precipitation for similar hazardous constituents present in the immobilize the metal donstituents and wastewaters. These data were used to preservatives. The treatment by any thereby reduce their leaching potential. develop treatment standards for BDAT means (including simple settling) of A variety of agents, including Portland List metals in the treatment residuals. these wastewaters generates the listed cements, cement kiln dust, hydrated 4. Identificationof BDAT. EPA has waste K001. limes, quick lime, fly ash and other determined that the treatment train Untreated K001 sludges consist of pozzolanic materials, have been consisting of rotary kiln incineration approximately 35% soil, 20% water, and demonstrated to act as binding agents followed by stabilization of 25% total organics. The organic for various types of wastes containing nonwastewater residuals, and chemical

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"17590 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules precipitation of metals for wastewater (i) Nonwastewaters.For wastes c. K022-Distillation bottom tars from residuals from incineration, achieves a identified as K001 nonwastewaters, EPA the production of phenol/acetone from level of performance that represents is proposing to regulate six BDAT List cumene. treatment by BDAT. The Agency organic constituents as indicators of 1. IndustryAffected and Waste believes that these technologies are effective incineration of these wastes. Description.The listed waste K022 is available to treat K001 because (1) these These include naphthalene, generated by facilities in the organic technologies are commercially available pentachlorophenol, phenanthrene, chemicals manufacturing industry. The technologies and (2) incineration pyrene, toluene, and xylenes. EPA is Agency estimates that there are eight provides substantial reduction of also proposing to regulate three metal facilities that have this specific organic hazardous constituents, constituents, copper, lead and zinc, as production process that could stabilization reduces the leachability of indicators of effective stabilization of potentially generate K022 waste. These metals in the nonwastewater residual, these wastes (based on data from the 'are located in the Eastern, Central, and and chemical precipitation removes stabilization of the ash from Southern parts of the United States. BDAT List metals from the wastewater incineration). EPA's proposed standard The cumene hydroperoxide process residual. for pentachlorophenol is the result of a used in manufacturing acetone and 5. Regulated Constituentsand relatively high analytical quantitation phenol-from cumene involves: (1) Treatment Standards.The proposed limit observed for this particular K001 Oxidation of cumene to a concentrated regulated constituents and BDAT waste. EPA solicits data reflecting the cumene hydroperoxide; (2) acid treatment standards for wastes quantitation limits attainable in other cleavage of the hydroperoxide to phenol identified as K001 are listed in the tables K001 wastes. and acetone along with a variety of at the end of this section. The Agency (ii) Wastewaters. For wastes other products (e.g., cumylphenols, believes that regulating these identified as Kool wastewaters, EPA is acetophenone, dimethylphenylcarbinol, constituents will ensure that other proposing to regulate the same six and alpha methylstyrene); (3) BDAT List'constituents will be BDAT List organic constituents as neutralization of the cleaved products effectively treated by the technologies indicators of effective destruction of with sodium 'hydroxide or other suitable determined to be BDAT. EPA's rationale organics in the combustion unit, thus -base or with ion-exchange resins; and for selecting the regulated constituents preventing accumulation of organics in (4) separation of the phenol and acetone is presented in the BDAT Background scrubber waters. EPA is also proposing using a series of distillation columns. Document for. this waste code. Facilities to regulate copper, lead and zinc as The still bottoms from the distillation must comply with these treatment indicators of effective precipitation of columns are RCRA waste K022. metal constituents from these scrubber standards prior to placement of these As initially generated, K022 wastes waters. wastes in land disposal units. Those are still bottoms that are typically wastes that as generated naturally meet BDAT TREATMENT STANDARDS FOR K001 pumped directly from the distillation these standards are not prohibited from unit as viscous organic liquids, while disposal in these units. Dilution to [Nonwastewaters] they remain hot. Upon cooling, the achieve these treatment standards is viscosity of the waste will increase and Maximum for any single forbidden. grab sample K022 can become tarry and viscous. It Treatment standards for all organic Constituent Total can be kept fluidized by mixing it with constituents are based on analyses of composition TCLP (mg/I) various light hydrocarbons, waste total constituent concentration. (mg/kg) olefinic oils or solvents. If not fluidized Treatment standards for metal or kept hot, the waste will eventually constituents are based on analyses of Naphthalene ...... 7.98 " ) harden into an organic solid. K022 leachate from the TCLP for all wastes Pentachlorophenol 36.75 () consists primarily of partially Phenanthrene ...... 7.98 () identified as nonwastewaters and Pyrene ...... 7.28 (1) polymerized phenolics. Major analyses of total constituent Toluene ...... 0.143 (') constituents include acetophenone, concentration for all wastes identified Xylnes...... 0.162 (1) phenol, and cumyl phenol. A total Copper ...... (1) 0.71 as wastewaters. The units of measure Lead ...... () 0.53 carbon content of approximately 82-93% for all total constituent analyses are mg/ Zinc...... () .0.086 makes the waste an excellent fuel- kg (or parts per million on a weight by substitute with a very high heat content weight basis) for the nonwastewaters Not applicable. reported as high as 35,300 BTU per and mg/l (or parts per million on a pound. A low ash content and a low BDAT TREATMENT STANDARDS FOR K001 weight by volume basis) for chlorine content are further indications wastewaters. The units of measure for [Wastewaters] of its usefulness as a fuel substitute. all analyses of leachate are mg/l (or Maximum for any single BDAT List organic constituents reported in significant concentrations are parts per million on a weight by volume grab sample acetophenone, and phenol. Two other basis). Constituent Total The Agency has recently become BDAT list constituents also were composition TCLP (mg/I) aware that data exist that indicate the (mg/I) identified in the raw waste from one presence of trace levels of plant but were claimed as confidential polychlorinated dibenzofurans and Naphthalene ...... 0.148 (') business information. Wastes identified polychlorinated dibenzodioxins in some Pentachlorophenol 0.875 (') as K022 are typically generated as still this Phenanthrene ...... 0.148 (') bottoms that, for the purposes of BDAT, K001 wastes. At the time of Pyrene ...... 0.140 (') proposal,,EPA has not completed its Toluene ...... 0.143 (') are classified as nonwastewaters. evaluation of these data and thus, defers Xylenes ...... 0.161 () 2. Applicable/Demonstrated its decision to regulate these Copper ...... 0.42 () Treatment Technologies. EPA has Lead ...... 0.037 () identified fuel substitution and liquid constituents as indicators of BDAT Zinc ...... 1.0 (') performance until after this evaluation injection incineration as applicable can be completed. I Not applicable. technologies for treatment of BDAT List

HeinOnline -- 53 Fed. Reg. 17590 1988 This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules. 17591 organics contained in nonwastewater similar waste characteristics. Therefore, parts per million on a weight by volume K022 wastes. Fuel substitution involves the Agency has determined that both basis). the use of combustible organic wastes fuel substitution and incineration are (i) Non wastewaters.For wastes as substitutes for conventional fuels demonstrated for K022 nonwastewaters. identified as K022 nonwastewaters, EPA. burned in high temperature industrial 3. DataBase. For waste code K022, is proposing to regulate eight processes. In order for a waste to be a the Agency has treatment data from two constituents from the BDAT List as good candidate for a fuel substitute, the facilities using fuel substitution. EPA indicators of effective treatment of these waste must have a reasonably high has twelve untreated and treated data wastes. These include toluene, concentration of organic chemicals with points. acetophenone, phenol, diphenylamine, sufficient heat content (BTU per pound). 4. Identificationof BDAT. EPA has diphenyl nitrosamine, sulfide, nickel and It must also have relatively low determined that fuel substitution total chromium. The standard for concentrations of noncombustible followed by metals (ash) stabilization diphenylamine and diphenylnitrosamine materials such as ash, water, metals, and metals precipitation of scrubber is listed as the sum of these constituents. and chlorine. Fuel substitution, as a water achieves a performance level that *This is necessary because the two treatment process, has the same purpose represents the best demonstrated compounds cannot be distinguished as incineration; to thermally destroy using EPA's standard analytical testing (oxidize) the organic constituents of available treatment technology (BDAT) a for nonwastewater forms of K022. While procedure. At the time of this proposal, waste. The'Agency believes that burning no specific data are available on the Agency has not completed.its of K022 in a well designed and well incineration of K022 in a rotary kiln, evaluation of waste characterization operated high temperature industrial and treatment data for sulfide. boiler or kiln attains EPA believes that. it would achieve the the performance same level of performance as fuel Therefore, the Agency is proposing to achievable by other thermal destruction substitution. This treatment system is reserve a standard for sulfide until this units such as liquid injection evaluation can be completed. incinerators. These thermal destruction judged to be available to treat K022 because (1) the treatment system is A sample of untreated ash from the units often generate ash residues that, burning of K022 as a fuel substitute was for the purposes of BDAT, are classified commercially available-and (2) the system provides a substantial reduction analyzed for isomers of chlorinated as nonwastewaters. Scrubber waters dibenzofurans and chlorinated from air pollution control devices are in the concentration of BDAT List organic constituents in K022. dibenzodioxfns. A trace amount (parts not typically generated from the units per trillion) of tetrachlorodibenzofurans using K022 as a fuel substitute. If they 5. Regulated Constituentsand (TCDF) was detected in this sample. were generated, they would be Treatment Standards.The proposed This amount was determined to be classified as wastewaters. Both of these regulated constituents and BDAT below the typical BDAT quantitation residues, if generated, must meet the treatment standards for wastes -level for these compounds. Therefore, BDAT treatment standards prior to identified as K022 are listed in the tables the Agency is not proposing a treatment placement in land disposal units. at the end of this section. The Agency standard for TCDF. The Agency is EPA has identified stabilization as an believes that regulating these currently reexamining the validity of the applicable technology for treatment of constituents will ensure that other quantification of this analysis. K022 BDAT List metals contained in the BDAT.List constituents will be wastes do not typically have any inorganic nonwastewater forms of K022. effectively treated by the technologies chlorinated organics that could be the These include precipitated residues from determined to be BDAT. EPA's rationale source or precursor of the TCDF. The the treatment of wastewaters (mixed for selecting the regulated constituents Agency is investigating potential with or derived from K022 wastes), as is presented in the BDAT Background, mechanisms for its formation due to the well as ash residues from incineration. Document for this waste code. Facilities presence of other chlorinated organics in Stabilization is designed to chemically must comply with these treatment the wastes that were blended with the bind metal constituents of the waste into standards prior to placement of these K022. the microstructure of a cementitious wastes in land disposal units. Those . (ii) Wastewat'rs. No scrubber waters matrix. The purpose of stabilization is to wastes that as generated naturally meet are typically generated during the use of immobilize the metal constituents and these standards are not prohibited from nonwastewater K022 as a fuel thereby reduce their leaching potential. disposal in these units. Dilution to substitute. No additional wastewater is A variety of agents, including Portland achieve these treatment standards is typically generated during the cements, cement kiln dust, hydrated forbidden. stabilization of the resultant ash limes, quick lime, fly ash and other Treatment standards for all organic residues. EPA recognizes that pozzolanic materials, have been constituents are based on analyses of wastewater forms of K022 may be demonstrated to act as binding agents total constituent concentration. generated at a CERCLA site, during a for various types of wastes containing Treatment standards for metal corrective action at a RCRA facility, as metals. Stabilization processes generate constituents are based on analyses of a leachate from a landfill, or as a hardened solid residues that, for the leachate from the TCLP for all wastes residual from an incineration process purposes of BDAT, are classified as identified as nonwastewaters and that does generate a scrubber water. nonwastewaters. The Agency believes analyses of total constituent Since generation of these types of that these processes do not generate concentration for all wastes identified wastewaters may occur, the Agency is wastewater residuals. as wastewaters. The units of measure therefore, proposing a "treatment The Agency has determined-that six for all total constituent analyses are mg/ standard" for K022 wastewaters of "No of the eight facilities that generate K022 kg (or parts per million on a weight by Land Disposal". By establishing this are subsequently using the waste as a weight basis) for the nonwastewaters standard, a facility that generates and fuel substitute. The Agency has data and mg/I1 (or parts per million on a needs to treat a wastewater, can submit that indicate incineration can achieve weight by volume basis) for a petition to the Agency for a variance treatment levels similar to these fuel wastewaters. The units of measure for from this treatment standard. The substitution processes on wastes with all analyses of leachate are mg/I (or Agency believes that few petitions for a

HeinOnline -- 53 Fed. Reg. 17591 1988 This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

17592 Federal Re ister / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17592 .. . variance will be submitted. However, military facilities are located primarily waste were obtained using the Toxicity EPA solicits comments from facilities in Tennessee, Wisconsin, Virginia and Characteristic Leaching Procedure and that believe that land disposal of K022 Illinois. appear to represent proper design and wastewaters is unavoidable. Wastewaters are produced during operation. These data points were EPA has recently learned that some various stages in the manufacture and considered in the development of the K022 wastewaters may be disposed formulation of lead-based initiating treatment standards for K046. through underground injection. If this is compounds (ones that initiate other 4. Identificationof BDAT. EPA has the case, the "No Land Disposal" explosives) and during the fabrication of determined that the performance standard would preclude continued these compounds into finished products achieved by stabilization represents injection of untreated wastewaters (such as ammunition). These treatment by BDAT. The Agency unless a no migration petition had been wastewaters are contaminated with performed an-analysis of variance test granted. The Agency intends to seek these initiating compounds and with for TCLP performance levels achieved clarification of the circumstances in other feedstock chemicals. The by stabilization using three different which K022 wastewaters are being wastewater is treated by boiling and/or binder materials: Portland cement, kiln injected underground in order to addition of caustic to decompose dust, and lime/flyash. The results show determine whether the "No Land residual explosive material. A sludge is that stabilization using Portland cement Disposal" standard should be modified. generated from this wastewater binder provides significantly better The Agency thus seeks comment on the treatment and is identified as the listed reduction with regard to the circumstances surrounding'injection of waste K046. concentrations of metals in the leachate K022 wastewaters, and on the types of K046 wastewater treatment "sludges" than the other two binder materials wastes being injected. are typically generated as a fluid tested. Stabilization is judged to be mixture consisting of approximately 95% available to treat K046 because (1) the BDAT TREATMENT STANDARD FOR K022 by weight water and total organic treatment system is commercially [Nonwastewaters] carbon content of approximately 460 available and (2] the system provides a ppm. The primary BDAT List constituent substantial reduction in the leachable Maximum for any single in K046 is lead. Wastes identified as levels of BDAT List metals present in grab sample K046 are typically generated as sludges the K046 wastes. Constituent Total that, for the purposes of BDAT, are 5. Regulated Constituents and composition TCLP (mg/I) as nonwastewaters. Treatment Standards.The proposed (mg/kg) classified 2. Applicable/Demonstrated regulated constituents and BDAT treatment standards for wastes Acetophenone ...... 19.0 (') Treatment Technologies. EPA has Phenol ...... 12.0 identified stabilization as an applicable identified as K046 are listed in the tables Toluene ...... 0.034 (I) technology for treatment of at the end of this section. The Agency Sum of diphenylamine nonwastewater forms of K046. believes that regulating these and constituents will ensure that other diphenylnitrosamine.. 13.0 (1) Stabilization is designed to chemically Sulfide ...... bind metal constituents of the waste into BDAT List constituents will be Re- the microstructure of a cementitious effectively treated by the technologies served (1) matrix. The purpose of stabilization is to determined to be BDAT. EPA's rationale Chromium (Total) (') 3.4 for selecting the regulated constituents Nickel ...... (') 0.25 immobilize the metal constituents and thereby reduce their leaching potential. is presented in the BDAT Background I Not applicable. A variety of agents, including Portland Document for this waste code. Facilities cements, cement kiln dust, hydrated must comply with these treatment BDAT TREATMENT STANDARD FOR K022 limes, quick lime, fly ash and other standards prior to placement of these [Wastewaters] pozzolanic materials, have been wastes in land disposal units. Those demonstrated to act as binding agents wastes that as generated naturally meet for various types of wastes containing these standards are not prohibited from metals. Stabilization processes generate disposal in these units. Dilution to [No land disposal] hardened solid residues that, for the achieve these treatment standards is purposes of BDAT, are classified as forbidden. for metal d. K046-Wastewater treatment nonwastewaters. The Agency believes Treatment standards are based on analyses of sludges from the manufacturing, that these processes do not generate constituents wastewater residuals. leachate from the TCLP for all wastes formulation, and loading of lead based identified as nonwastewaters. The units initiating compounds. EPA has not identified any facility and Waste currently performing stabilization of of measure for all analyses of leachate' 1. Industry Affected per million on a Description.The listed waste K046 is K046 on a commercial scale. EPA are mg/l (or parts generated by facilities in the explosives believes stabilization is demonstrated weight by volume basis). For wastes Agency for K046, in that, it is being used to treat (i). Nonwastewaters. manufacturing industry. The as K046 nonwastewaters, EPA estimates that there are approximately wastes that EPA believes have identified that have.processes that treatability characteristics similar to is proposing to regulate only lead as an 150 facilities of effective treatment of these could potentially generate treafment K046. EPA has confirmed this judgment indicator by using a test facility to stabilize this wastes. The Agency is also proposing a sludges identified as K046. "No Land Approximately 35 of these are waste. treatment standard of government owned military-facilities. 3. Data Base. The Agency has ten Disposal" for K046 nonwastewaters that While these wastes are generated in just data sets for K046 nonwastewaters. are explosive. If a K046 waste is a Data were collected by the EPA at a explosive and remains explosive after about all portions of the United-States, it should large proportion of the nonmilitary single test facility that employs treatment by solidification facilities are located in California, Utah, stabilization using various binder meet the same requirements as the Missouri and Pennsylvania and the materials. The ten data points for K046 explosive wastes identified as K044,

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17593

K045 and K047. The Agency specifically aniline/water mixture from the handle only liquid wastes, while others requests comments on this approach. hydrogen gas stream. The two-phase are designed to handle both liquids and (ii) Wastewaters. No additional aniline/water mixture is then separated solids (or sludges). The purpose of wastewater is typically generated in a decanter and the aniline phase is incineration is to thermally destroy during the stabilization of purified by a two-stage distillation (oxidize) the organic constituents of a nonwastewater K046 sludges. EPA process. The heavy ends from the waste. The Agency recognizes that any recognizes that wastewater forms of distillation process is the listed waste technology that is designed for thermal K046 may be generated at a CERCLA K083. destruction of liquids is potentially site, during a corrective action at a Untreated K083 wastes are viscous applicable to these wastes. However, RCRA facility, as a leachate from a organic liquids consisting of 45 to 85% the Agency believes that the landfill, or as a residual from dewatering by weight of a mixture of aniline, .performance of liquid injection or a treatment process other than diphenylamine, nitrobenzene, incinerators attains the performance stabilization (one that can achieve the phenylenediamine, and benzene. It also achievable by other thermal destruction same performance). Since generation of contains approximately 15 to 55% by technologies that are well designed and these types of wastewaters may occur, weight of other unidentified organics. well operated. While many liquid the Agency is therefore, proposing a The BDAT List organic constituents of incinerators generate ash residues and "treatment standard" for K046 concern include aniline, scrubber water residues, the Agency wastewaters of "No Land Disposal". By phenylenediamine, diphenylamine, nitrobenzene and benzene. The heat believes that all of the facilities that establishing this standard, a facility that currently incinerate K083 or use K083 as generates and needs to treat a content of the waste is approximately 13,500 BTU per pound. The total organic a fuel substitute are not generating wastewater, can submit a petition to the either of these residue types. Agency for a variance from this halogen content of K083 has been reported to range from 0.03 to 0.3% (as Liquid injection incineration has been treatment standard. The Agency demonstrated on a commercial basis for believes that few, if any, petitions for a Chlorine). Copper is the only metal anticipated to be present and has been the treatment of K083 at two of the variance will be submitted because facilities that generate K083. Fuel these wastewaters usually will be measured at 2.5 ppm. substitution in a steam boiler has been discharged to a POTW or to surface 2. Applicable/Demonstrated demonstrated on a commercial basis at waters following treatment Treatment Technology. The Agency has to meet one of the facilities that generates K083. NPDES requirements. identified liquid injection incineration and fuel substitution as applicable 3. DataBase. The Agency visited one BDAT TREATMENT STANDARDS FOR K046 technologies for the nonwastewater facility that employs liquid injection forms of K083. These technologies have [Nonwastewaters] incineration as a treatment for the listed been selected due to the high heat (BTU) waste K083. According to plant Maximum for any single content, the low halogen content, the personnel, no residual ash or scrubber grab sample low metal content, and the fact that the wastewaters are generated from this Constituent Total, waste can be handled as a liquid. treatment technology. The analyses of composition TCLP (mg/) EPA has identified fuel substitution as the ash content of untreated K083 (mg/kg) - an applicable technology for treatment confirmed that no ash could be detected of liquid forms of nonwastewater K083. below the limit of 0.01% by weight. This Lead ...... ( ) 0.176 Fuel substitution involves the use of facility did not have a vent scrubber or combustible organic wastes as Not applicable. other pollution control device on the substitutes for conventional fuels liquid injection incinerator and. BDAT TREATMENT STANDARDS FOR K046 burned in high temperature industrial therefore, did not generate any scrubber processes. In order for a waste to be a [Wastewaters and Explosive Nonwastewaters] water. good candidate for a fuel substitute, the 4. Identificationof BDAT. EPA has No Land Disposal waste must have reasonably high concentrations of organic chemicals in determined that the performance order to have sufficient heat content. It achieved by liquid injection incineration e. K083-Distillation bottoms from must also have relatively low or fuel substitution represents treatment aniline production. *concentrations of noncombustible by BDAT. EPA has determined that 1. Industry Affected and Waste materials such as ash, water, metals, liquid injection incineration of K083 can Description.The listed waste K083 is and chlorine. Fuel substitution, as a be accomplished without generating any generated by facilities in the organic treatment process, has the same purpose residuals, eitherash or scrubber water. chemicals manufacturing industry. The as incineration~to thermally destroy Therefore, the level of performance Agency estimates that there are six (oxidize) the organic constituents of a- achieved by liquid injection incineration facilities that have this specific waste. The Agency believes that burning obviously cannot be improved upon. production process that could of K083'in a well designed and well Liquid injection incineration has been potentially generate K083 waste. operated high temperature industrial demonstrated on a commercial basis. Aniline is produced almost boiler or kiln attains the performance The Agency also believes this exclusively by the vapor-phase achievable by other thermal destruction technology is available because: (1) This reduction of nitrobenzene in the units such as liquid incinerators. Ash technology is commercially available or presence of a copper catalyst. In a residues and scrubber waters are not can be purchased from a proprietor and typical process, nitrobenzene is typically generated using these fuel (2) this technology achieves substantial vaporized and fed with excess hydrogen substitution processes. reduction of the hazardous organic into a reactor. The crude product EPA has identified incineration in constituents pres'ent in waste K083. Fuel mixture leaving the reactor consists units with liquid injection as an substitution of K083 is also considered- primarily of aniline, water, hydrogen applicable technology for treatment of by the Agency to be BDAT. Fuel and some unreacted nitrobenzene. This nonwastewater forms of K083. Many substitution has-been demonstrated on a mixture is condensed to separate the incinerators are designed specifically to commercial basis.

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17594 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules I I .... mr

5. Regulated Constituents and formulation industry. The Agency 2. Applicable/Demonstrated Treatment Standards The Agency is estimates that there are approximately .Treatment Technologies, EPA has proposing that, since no residuals are 460 facilities that formulate ink and may identified fuel substitution as an anticipated from the use of either BDAT potentially generate K086 waste. While applicabletechnology for treatment of technology, the BDAT "treatment this waste can be generated in just K086 solvent washes. Fuel substitution standard" for wastes identified as K083 about all portiong.of the United States, a involves the use of combustible organic is "No Land Disposal". The Agency' large proportion of the facilities wastes as substitutes for conventional recognizes that the possibility exists generating K086 are located in fuels burned in high temperature that these wastes may be generated at a California, New Jersey, and in states industrial processes. In order for a CERCLA site, during a corrective action surrounding the Great Lakes. waste to be a good candidate for a fuel at a RCRA facility, or from the use of a By definition K086 wastes can be-from substitute, the waste must have a treatment techrnology that does produce one of three major subcategories reasonably high concentration of a residual. By establishing the standard (depending on the material used for organic, chemicals in order to have as "No Land Disposal", a facility that washing). These are: (1) Solvent washes; sufficient heat content. It must also have does generates a treatment residual, can (2) solvent sludges; and (3) caustic/ relatively low concentrations of submit a petition to the Agency for a water washes and sludges. However, noncombustible materials such as ash, variance from this treatment standard. EPA is not establishing treatment water, metals, and chlorine. Fuel The Agency believes that few petitions standards at this time for the latter two substitution, as atreatment process, has for a variance will be submitted. subcategories. Thus, the discussion that the same purpose as incineration; to EPA strongly urges facilities that have follows relates only to the solvent *thermally destroy (oxidize) the organic K083 wastes that they believe will washes subcategory. K086 solvent constituents of a waste. The Agency generate a treatment residual, to washes can also vary depending upon believes that burning of K086 as a fuel in comment on this rule. Specifically, which solvent is used to clean the ink a well designed and well operated high comments should provide the following: formulating equipment. The principal temperature industrial boiler or kiln (1) Reasons why the K083 waste solvents used include acetone, n-butyl attains the performance achievable by generated at their site is believed to be alcohol, cyclohexanohe, 1,2- other thermal' destruction units such as different than the waste described in dichlorobenzene, ethyl acetate, ethyl liquid incinerators. Any treatment this preamble; (2) a description of the benzene, methanol, methyl isobutyl residues generated from the use of these treatment technology currently being ketone, methyl ethyl ketone, methylene fuel substitution processes must meet used to treatthe K083 generated at their chloride, naphthalene, nitrobenzene, the BDAT treatment standards prior to site; and (3) analytical data, including toluene, 1,1,1,-trichloroet hane, placement in land disposal units. analyses for total constituents, on the trichloroethylene, and xylenes. It is Batch distillation and fractional residuals (either ash or scrubber water) important to note that some of these distillation can be used to separate that are generated by the treatment solvents also fall under the F001-F005 components having different boiling technology. solvent listings. In such cases, the points. Distillation technologies can be EPA has recently learned that some treatment standards for the Foo1-F005 used to recover solvents from the K083 wastewaters may be disposed wastes that were promulgated in solvent washes subcategory. These through underground injection. If this is November, 1986, are already in effect. It technologies reduce the amount of the case, the "No Land Disposal" should be noted, however, that material to be treated; nevertheless, the standard would preclude continued elsewhere in this notice, the Agency is bottoms from this process would require injection of untreated wastewaters proposing to modify one of the solvent treatment by incineration prior to land unless a no migration petition had been standards. This change is not expected disposal. granted. The Agency intends to seek to impact the standards applicable to EPA has identified incineration in clarification of the circumstances in ink formulators. units with liquid injection as an which K083 wastewaters are being For the purposes of investigating applicable technology for K086 solvent injected underground in order to BDAT, the solvent washes subcategory washes as well as incineration in a determine whether the "No Land is defined as those K086 wastes which rotary kiln. Liquid injection incinerators Disposal" standard should be modified. are derived from processes which have are designed to only handle liquid The Agency thus seeks comment on the used any of the following chemicals as a wastes. Rotary kiln incinerators are circumstances surrounding injection of solvent: Acetone, n-butyl alcohol, designed specifically to handle sludges, K083 wastewaters, and on the types of cyclohexanone, 1,2-dichlorobenzene, solids, tarry wastes, and containerized wastes being injected. ethyl acetate, ethyl benzene, methanol, liquids but, simultaneously can also methyl isobutyl ketone, methyl ethyl incinerate BDAT TREATMENT STANDARDS FOR K083 injected'liquid wastes. The ketone, methylene chloride, purpose of all incineration is to [Nonwastewaters and Wastewaters] naphthalene, nitrobenzene, toluene, thermally destroy (oxidize) the organic 1,1,1,-trichloroethane, trichloroethylene, No Land Disposal constituents of a waste. The Agency and/or xylenes. recognizes that any technology such as a The solvent washes usually contain fluidized bed or multiple hearth f. K086-:-Solvent washes and sludges, relatively high concentrations of the incinerator that is designed for thermal caustic washes and sludges, or water cleaning solvents used and low destruction is potentially applicable to washes and sludges from the cleaning concentrations of solids. The solvent these wastes. However, the Agency tubs and equipment used in the sludges contain relatively high believes that the performance of liquid formulation of ink from pigments, driers, concentrations of solids. This difference injection incinerators attains the soaps, and stabilizers containing in solids content changes the performance achievable by other chromium and lead. applicability of the type of incineration thermal destruction technologies that 1. Industry Affected and Waste unit or fuel substitution unit that would are well designed and well operated. For Description.The listed waste K086 is be necessary to destroy the organic the purposes of BDAT, any solid ash generated by facilities in the ink constituents in the waste. residues are classified as

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17595 ,-m nonwastewaters. Scrubber waters from facility was properly operated during 1,1,1,-trichloroethane, trichloroethylene, air pollution control devices are the time that the waste was being and/or xylenes. These solvents are classified as wastewaters. Both of these treated. Treatment standards for the chemicals on the BDAT List that are residues must meet the BDAT treatment BDAT List metals are being transferred typically used in rinsing inks and could standards for the K086 solvent washes from wastewater metals treatment data become K086 wastes. subcategory prior to placement in land for similar wastes that have been The proposed regulated constituents disposal units. previously, developed by the Agency. and BDAT treatment standards for EPA has determined that the 4. Identification of BDA T. Incineration wastes. identified as K086 in the solvent applicable technology for scrubber is demonstrated for treatment of BDAT washes subcategory are listed in the waters is a wastewater treatment List organics in K086 solvent washes. tables at the end of this section. The system that includes a hexavalent The resultant quench waters or scrubber Agency believes that regulating these chromium reduction step to convert any waters are, for the purposes of BDAT, constituents will ensure that other hexavalent chromium to the trivalent classified as wastewaters. Treatment for BDAT List constituents will be state and a chemical precipitation step the removal of BDAT metals contained controlled by the technologies to precipitate dissolved metals as' olids by these wastewaters will result in a determined to be BDAT. EPA's rationale followed by a filtration step to remove sludge, which for the purposes of BDAT, for selecting the regulated constituents these solids. The residues of this are classified as nonwastewaters. is presented in the BDAT Background wastewater treatment system include Further details regarding BDAT Document for this waste code. Facilities the treated wastewater and the solids development and data transfer are must comply with these treatment that are classified, for the purposes of provided in the Background Document standards prior to placement of these BDAT, as nonwastewaters. Further for this waste code. wastes in land disposal units. Those application of a stabilization process to Incineration of BDAT List organics wastes that as generated naturally meet these solids may be necessary in order contained in the solvent washes these standards are not prohibited from to conform with the BDAT treatment generated a scrubber water that disposal in'these units. Dilution to standards for K086 nonwastewaters. contained BDAT List Metals. EPA does achieve these treatment standards is EPA has identified stabilization as an not have treatment data specifically-for forbidden. applicable technology for treatment of treatment of this scrubber water. The Treatment standards for all organic K086 nonwastewater residues that Agency does have performance data on do constituents are based on analyses of not meet the BDAT standards for K086. a metal bearing wastewater judged to be total constituent concentration: These include precipitated residues from similar to the K086 scrubber water. Treatment standards for metal the treatment of K086 scrubber waters, These data consist of eleven data points constituents are based on analyses of as well as ash residues which may be from one facility using chromium potentially generated from either leachate from the TCLP for all wastes reduction followed by lime precipitation identified as nonwastewaters and incineration or fuel subtitution. and sludge filtration. The BDAT List analyses of total constituent Stabilization is designed to chemically metals contained by the solid residual bind metal constituents of the waste into generated from this treatment system concentration for all wastes identified the microstructure of a cementitious did not require further treatment as wastewaters.'The units of measure matrix. The purpose of stabilization is to because TCLP leachate concentrations for all total constituent analyses are mg/ immobilize the metal constituents and were not found at treatable levels. kg (or parts per million on a weight by thereby reduce their leaching potential. These technologies are judged to be weight basis) for the nonwastewaters A variety of agents, including Portland available to treat these wastes because: and mg/1 (or parts per million on a cements, cement kiln dust, hydrated (1) They are commercially available or weight by volume basis) for limes, quick lime, fly ash and other can be purchased from a proprietor and wastewaters. The units of measure for pozzolanic materials, have been (2)they provide substantial reduction of all analyses of leachate are mg/1 (or demonstrated to act as binding agents the concentration of hazardous parts per million on a weight by volume for various types of wastes containing constituents released into the basis). metals. Stabilization processes geneiate environment. The Agency has data that suggests hardened solid residues that, for the 5. Regulated Constituents and that approximately sixteen different purposes of BDAT, are considered Treatment Standards. As noted above, BDAT List solvents could be used to nonwastewaters. The Agency believes the Agency is not, at this time, proposing clean ink formulating equipment. EPA is that the majority of these processes do treatment standards for K086 wastes in concerned that regulation of only the not generate residuals that are (1) the solvent sludges subcategory or solvents that were found in the tested considered wastewaters. (2) the caustic/water washes and waste matrix would present an 3. Data Base. The Agency's preference sludges subcategory. Since no standards incentive to simply switch to the use of is for total recycling for the K086 solvent are being proposed for these other solvents. For this reason, EPA is washes. However, residues from batch subcategories, the "soft hammer" proposing to regulate all sixteen BDAT distillation are still bottoms that need provisions apply. List solvents. EPA transferred the additional treatment (i.e., incineration . For the purposes of proposing BDAT performance data achieved for some of and stabilization) prior to land disposal. treatment standards, the solvent washes these sixteen solvents from performance Therefore, the Agency tested subcategory is defined as those K086 data for other solvents that had similar incineration for treatment of the K086 wastes which are derived from physical and chemical properties. The solvent washes subcategory. processes which have used any of the Agency believes that the solvents that At an EPA testing facility, K086 following chemicals as a solvent: have been determined to be similar, can wastes from the solvent washes Acetone, n-butyl alcohol, be incinerated to the same treatment subcategory were incinerated in a rotary cyclohexanone, i,2-dichlorobenzene, concentrations. Details on the transfer kiln/liquid injection incinerator. Tie ethyl acetate, ethyl benzene, methanol, of standards can be found in the BDAT data were collected by EPA at its in- methyl isobutyl ketone, methyl ethyl Background Document for this waste house facility. Operating data collected ketone, methylene chloride, code. EPA solicits comments on this during the treatment test show that the naphthalene, nitrobenzene, toluene, transfer of performance. data. The

HeinOnline -- 53 Fed. Reg. 17595 1988 This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

17596 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules comments should provide data that BDAT TREATMENT STANDARDS FOR substitution, as a treatment process, has document that the proposed BDAT K086-Continued the same purpose as incineration; to treatment standards are not achievable. thermally. destroy (oxidize) the organic For wastes identified as K086 [Wastewaters; solvent washes subcategory] constituents of a waste. The Agency nonwastewaters and wastewaters in the Maximum for any single believes that burning of K087 ifi a well solvent washes subcategory, EPA is grab sample designed and well operated high proposing to regulate seventeen organic Constituent Total temperature industrial furnace or kiln constituents and two metal constituents composition TCLP (mg/I) attains the performance achievable by from the BDAT List as indicators of (mg/I) other thermal destruction units such as effective treatment of these wastes. rotary kiln incinerators. These thermal These include acetone, n-butyl alcohol, Cyclohexanone ...... 0.022 (1) destruction units often generate ash 1,2-Dichlorobenzene 0.044 (') ethyl acetate, ethyl benzene, methanol, Naphthalene ...... 0.044 (') residues that, for the purposes of BDAT, methyl isobutyl ketone, methyl ethyl Nitrobenzene ...... 0.044 (') are classified as nonwastewaters. ketone, methylene chloride, toluene, Chromium (Total) ...... 0.32 (') Scrubber waters, from air pollution 1,1,1,-trichloroethane, trichloroethylene, Lead ...... 0.037 (') control devices of units using K087 as a xylenes, bis(2-ethylhexyl)phthalate, fuel substitute, generally contain less Not applicable.. - cyclohexanone, 1,2-dichlorobenzene, than 1% TOC and less than 1% filterable naphthalene, nitrobenzene, total g. K087-Decanter tank tar sludge solids and, therefore, are classified as chromium, and lead. from coking operations. wastewaters for the purposes of BDAT. 1. Industry Affected and Waste Both of these rfsidues must meet the BDAT TREATMENT STANDARDS FOR K086 Description.The listed waste K087 is BDAT treatment standards prior to [Nonwastewaters; solvent washes subcategory] generated by facilities in the coking placement in land disposal units. industry. The Agency estimates that Total recycling has been identified as Maximum for any single there are 36 facilities that have coking a potentially applicable technology for grab*sample plants with decanter tanks and, K087 wastes. Total recycling involves Constituent Total therefore, could potentially generate treating the K087 waste for (1) reuse in composition TCLP (mg/I) K087 waste. The majority of these the coke ovens or (2) production of a (mg/kg) facilities are located in the Eastern commercial tar product. Treatment prior United 'States. to reuse frequently involves mixing the Acetone ...... 0.37 (1) n-Butyl alcohol ...... 0.37 (') In the production of coke, gases waste with a flushing liquor, grinding in Ethyl acetate ...... 0.37 (1) evolved from the coke ovens are a ball mill, and mixing the milled Ethyl benzene ...... 0.031 (1) collected and subsequently cooled. The material with coal. This K087/coal Methanol ...... 0.37 (1) condensates and any entrained mixture is fed back to the coke ovens for Methyl isobutyl ketone ...... 0.37 (I) particulates are channeled to a decanter coke production. Alternatively, the Methyl ethyl ketone 0.37 (1) tank where tar products and ammonia waste may be added to hot tar, ground Methylene chloride 0.037 (1) liquor are separated. The heav,' residue in a ball mill, and packaged as a Toluene ...... 0.031 (1) (sludge) that settles to the bottom of the saleable product. At this time, however, 1.1,1 -Trichloroethane 0.044 () Trichloroethylene ...... 0.031 (v) tank is K087 waste. EPA has little data available to define Xylenes ...... 0.015 (1) K087 waste generally contains from which K087 materials can be benefically bis(2- six to eleven percent water and 89 to 94 recycled. Specific data were submitted ethylhexyl)phthalate. 0.49 (') percent organic compounds, up to -by the American Iron and Steel Institute Cyclohexanone ...... 0.49 (1) 1,2-Dichlorobenzene 0.49 (') twenty percent of which are BDAT List (AISI) to the EPA with respect to the Naphthalene ...... 0.49 (') semivolatile organics. The principal practice of recycling K087 wastes (See Nitrobenzene ...... 0.49 (') BDAT List metals present are arsenic, Wednesday, May 6, 1987, FR 17019 and Chromium (Total) ...... (1) 0.094 lead, copper, and zinc; the maximum 17020). These data characterize the final Lead ...... (1) 0.37 concentrations for these metals products (e.g. coal tar and coke) that 1 Not applicable. measured in these wastes are 6, 85, 5, result from recycling of K087 and from and 66 ppm, respectively. The waste, a processing that did not involve BDAT TREATMENT STANDARDS FOR K086 viscous semisolid tar, has a heating recycling. Only one data point from AISI value of approximately 15,000 Btu/lb. characterized the raw K087 decanter tar [Wastewaters; solvent washes subcategory] 2.Applicable/Demonstrated sludge. Therefore, the Agency solicits Maximum for any single Treatment Technologies. EPA has comments and data to assist in grab sample identified fuel substitution and rotary definition of K087 wastes that can be Constituent Total kiln incineration as applicable recycled. composition TCLP (mg/I) technologies for treatment of K087 Wastewater residuals are generated (mg/I) nonwastewaters. Fuel substitution by some of the technologies that are I involves the use of combustible organic designated as applicable to the Acetone ...... 0.015 wastes as substitutes for conventional nonwastewater forms of K087. The n-Butyl alcohol ...... 0.031 Ethyl acetate ...... 0.031 fuels burned in high temperature applicable technology for these Ethyl benzene ...... 0.015 industrial processes. In order for a wastewaters is a wastewater treatment Methanol ...... 0.031 waste to be a good candidate for a fuel system that includes a chemical Methyl isobutyl ketone.. 0.031 substitute, the waste must have a precipitation step to remove metals from Methyl ethyl ketone. 0.031 Methylene chloride. 0.031 reasonably high concentration of solution and precipitate them as a solid - Toluene ...... 0:029 organic chemicals with sufficient heat residue and a filtration step.to remove 1.1,1 -Trichloroethane 0.031 content (BTU per pound). It must also these solids. This wastewater treatment Trichloroethylene ...... 0.029 have relatively low concentrations of system results in a solid residue that Xylenes ...... 0.015 bis(2- noncombustible materials such as ash, generally contains greater than 1% ethylhexyl)phthalate.. 0.044 water, metals, and chlorine. Fuel filterable solids and is considered, for

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17597

the purposes of BDAT, a treatment of BDAT List organics by kg (or parts per million on a weight by nonwastewater. This solid residue must rotary kiln incineration. Also, the , weight basis) for the nonwastewaters conform with the treatment standards Agency has eleven data points showing and mg/i (or parts per million on a for nonwastewaters. As described the treatment of BDAT List metals by weight by volume basis) for below, further application of a chemical precipitation followed by wastewaters. The units of measure for stabilization process to this residue may sludge filtration from the treatment of all analyses of leachate are mg/I (or be necessary in order to meet the BDAT wastes judged to have similar chemical parts per million on a weight by volume standards for metals proposed for and physical characteristics to K087 basis). nonwastewaters. scrubber waters. Standards for BDAT List organic 4. Identification of BDA T. EPA is EPA has identified stabilization as an constituents in K087 wastewaters are applicable technology for treatment of proposing rotary kiln incineration as based on concentrations found in BDAT List metals constituents in the BDAT for BDAT List organics. EPA is nonwastewater K087 wastes identified soliciting comments and data that scrubber waters from rotary kiln as treatment residuals. These support the fact that total recycling can incineration. Thermal destruction in a nonwastewaters include precipitated be accomplished for some subcategory well-designed and well-operated unit residues from the treatment of of K087. If EPA receives comments and results in levels that are at or near the wastewaters forms of K087, and ash data that support a determination that detection limit. Standards for metal residues from incineration or fuel total recycling can be accomplished, constituents in K087 nonwastewaters subtitution of K087, and any other then EPA will promulgate "No Land are based on the transfer of metals nonwastewaters resulting from the Disposal" as a BDAT treatment precipitation/removal data for treatment "mixture" or "derived-from" rules. standard for that subgroup of K087 of wastewaters containing metals of Stabilization is designed to chemically wastes. EPA has determined that rotary similar concientrations. These levels are bind metal constituents of the waste into kiln incineration is demonstrated and believed to represent performance of the the microstructure of a cementitious available, based on its use treating best demonstrated available matrix. The purpose of stabilization is to BDAT List organics contained in K087 technologies for these constituents in immobilize the metal constituents and and on its use for wastes with chemical this waste type. thereby reduce their leaching potential. and physical characteristics similar to Standards for BDAT organic A variety of agents, including Portland K087. constituents in K087 nonwastewaters cements, cement kiln dust, hydrated EPA has determined that stabilization are based on the concentration found in limes, quick lime, fly ash and other of K087 ash is demonstrated for BDAT K087 ashes from rotary kiln incineration. contained in K087 ash based pozzolanic materials, have been List metals For BDAT List metal constituents, judged to have similar demonstrated to act as binding agents on a waste however, EPA transferred stabilization chemical and physical characteristics to for various types of wastes containing performance data from a waste judged metals. Stabilization processes generate K087 wastes. With regard to K087 hardened solid residues that, for the wastewaters, EPA has identified to have similar chemical and physical purposes of BDAT, are classified as chemical precipitation followed by characteristics to K087 incinerator nonwastewaters. The Agency believes sludge filtration is demonstrated and ashes. that these processes do not generate available, based on the performance For wastes identified as K087 wastewater residuals. treatment data from wastewaters judged nonwastewaters and wastewaters, EPA All of the applicable technologies for to have similar chemical and physical is proposing to regulate nine organic BDAT List organics in K087 waste are characteristics to K087 wastewaters. constituents and two metal constituents demonstrated. Data submitted by 5. Regulated Constituents and from the BDAT List as indicators of industry indicate that recycling and fuel Treatment Standards. The proposed effective treatment of these wastes. substitution are commonly practiced. regulated constituents and BDAT These include acenaphthalene, benzene, EPA has identified seven facilities that treatment standards for wastes chrysene, fluoranthene, indeno (1,2,3-cd} use recycling and one facility that uses identified as K087 are listed in the tables pyrene, naphthalene, phenanthrene, fuel substitution, and believes many at the end of this section. EPA's toluene, xylenes, lead, and zinc. other facilities also use these rationale for selecting the regulated technologies. The Agency has identified constituents is presented in the BDAT BDAT TREATMENT STANDARD FOR K087 one facility that has used rotary kiln Background Document for this waste incineration of K087 wastes and three code. Facilities must comply with these [Nonwastewaters] generators that send their wastes offsite treatment standards prior to placement Maximum for any single for multiple hearth incineration of their. of these wastes in land disposal units. grab sample K087 wastes. Those wastes that as generated Constituent Total 3. Data Base. For K087 naturally meet these standards are not composition TCLP (mg/I) nonwastewaters, the Agency has five prohibited from disposal in these units. (mg/kg) treated data points (ash residues) Dilution to achieve these treatment showing treatment of BDAT List standards is forbidden. Acenaphthalene ...... 3.4 () organics by rotary kiln incineration of Treatment standards for all organic Benzene...... 0.071 (I) K087 at an EPA test facility. Also, the constituents are based on analyses of Chrysene ...... ;...... 3.4 (') total constituent concentration. Fluoranthene ...... 3.4 (') Agency has stabilization performance Indeno (1,2,3-cd) data using lime and fly ash as binders Treatment standards for metal pyrene...... 3.4 from the treatment of wastes judged to constituents are based on analyses of Naphthalene ...... 3.4 (I) have similar chemical and physical leachate from the TCLP for all wastes Phenanthrene ...... 3.4 () characteristics to K087 ash residues. identified as nonwastewaters and Toluene ...... 0.65 (I) These stabilization data demonstrate analyses of total constituent Xylenes ...... 0.070 (') Lead ...... ( i) 0.53 treatment for BDAT List metals. concentration for all wastes identified Zinc ...... ( ) 0.086 For K087 wastewaters, the Agency as wastewaters. The units of measure has six treated data points showing the for all total constituent analyses are mg/ Not applicable.

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17598 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

BDAT TREATMENT STANDARD FOR K087 - a gas) by surface attraction within the Treatment standards for all organic (Wastewaters] internal pores of the carbon granules. constituents are based on analyses of Biological treatment involves the use of total constituent concentration. The Maximum for any single naturally occurring, acclimated units of measure for all total constituent grab sample microorganisms to degrade organic 'analyses are mg/kg (or parts per million Constituent Total contaminants in wastewater. on a weight by weight basis) for the composition TCLP (mg/i) Incineration technologies such as nonwastewaters and mg/l (or parts per (mg/kg) fluidized bed, rotary kiln, and liquid million on a weight by volume basis) for injection incineration, are destruction Acenaphthalene ...... 0.028 (') wastewaters. Benzene ...... 014 (') technologies that convert the waste to For wastes and treatment residues Chrysene ...... 028 () carbon dioxide, water, and other identified as K099 nonwastewaters or Fluoranthene ...... 028 () combustion products. Indeno (1,2,3-cd) wastewaters, EPA is proposing to pyrene ...... 028 (V) Of the applicable technologies, the regulate seven organic constituents from Naphthalene ...... 028 (') Agency is aware of one facility using the BDAT List as indicators of effective Phenanthrene ...... 028 (') oxidation to treat K099. The Agency is Toluene ...... 008 (') treatment of these wastes. These include Xylenes...... 014 () not aware of any facility using wet air 2,4-dichlorophenoxyacetic acid and six Lead ...... 037 () oxidation, carbon adsorption followed chlorinated dioins and chlorinated Zinc ...... 1.0 ( ) by incineration of the carbon, or dibenzofurans. The 1 ppb analytical I Not applicable. biological treatment followed by detection limit for these constituents incineration of the sludge to treat the described in the final rule for dioxin- h. K099-Untreated wastewater from waste. The Agency did not test these containing wastes (51 FR 40643) also is the production of 2,4- technologies on the waste. used here. This level represents the dichlorophenoxyacetic acid (2,4-D). 3. DataBase. For waste code K099, analytical limit of detection that can be 1. Industry Affected and Waste the Agency has treatment data from one routinely achieved. Description.The listed waste K099 is facility. At this facility, the Agency EPA specifically requests comment on generated by facilities in the organic collected two treatment data sets for the selection of chlorine oxidation as chemicals manufacturing industry chemical oxidation of K099 waste using BDAT for K099. Chlorineoxidation was (specifically pesticides). The Agency chlorine. selected as the treatment technology for estimates that there is only one facility 4. Identificationof BDA T. The best the destruction of 2,4- that produces 2,4-D and currently demonstrated available treatment dichlorophenoxyacetic acid. The data generates K099 waste. technology (BDAT) for K099 waste was indicate that this technology provides The manufacturing process for 2,4-D determined to be chemical oxidation significant reduction of this chemical. includes the reaction of 2,4- using chlorine. This treatment system However, the data appear.to indicate a dichlorophenol with chloroacetic acid in shows substantial treatment for 2,4- slight increase in the concentration of the presence of sodium hydroxide, dichlorophenoxyacetic acid (2,4-D). EPA hydrochloric acid and a catalyst. The chlorinated dioxins and dibenzofurans believes that chemical oxidation with (all values below the routine 2,4-D is recovered using a solvent and is chlorine is demonstrated on K099. This then water washed to form the final quantitation limit of 1 part per billion) treatment system is judged to be from the untreated waste to the treated product. The wastewater generated from available to the recovery and water-wash processes treat K099 because (1) the residuals. At this'time, EPA is not treatment system is commercially certain that this implies that the chlorine is RCRA waste K099. (2) The listed waste K099 principally available and the system provides a oxidation process is responsible for this consists of water, 2,4-D and 2,4- substantial reduction in the slight increase. The Agency is dichlorophenol. The specific concentration of the BDAT List organic specifically requesting comments and concentrations have been claimed by constituents present in the largest data that would indicate the existence the facility as confidential; however, the concentrations in K099. of an alternative treatment technology organic content of the waste is less than 5. Regulated Constituents and that could achieve the same one percent. Treatment Standards.The proposed performance for the 2,4- 2. Applicable/Demonstrated regulated constituents and BDAT dichlorophenoxyacetic acid without an Treatment Technologies. The treatment treatment standards for wastes increase in the chlorinated dioxins and technologies that the Agency believes identified as K099 are listed in the tables dibenzofurans. are applicable are chemical oxidation, at the end of this section. The Agency wet air oxidation (a specialized form of believes that regulating these BDAT TREATMENT STANDARDS FOR K099 chemical oxidation), carbon adsorption constituents will ensure that other [Nonwastewaters] followed by incineration of the carbon, BDAT List constituents will be "and biological treatment followed by effectively treated by the techn6logies Maximum for any single incineration of the biological sludge. determined to be BDAT. EPA's rationale grab sample Oxidation is a treatment process that for selecting the regulated constituents Constituent Total chemically destroys organics found in is presented in the BDAT Background composition TCLP (mg/I) solution by reaction with an oxidizing Document for this waste code. Facilities (mg/kg) agent such as oxygen, chlorine or must comply with these treatment 2,4- hydrogen peroxide. Wet air oxidation is standards prior to placement of these Dichlorophenoxya- a treatment process that chemically wastes in land disposal units. Those cetic acid ...... 0.15 , () destroys organics and some inorganics wastes that as generated naturally meet Hexachlorodibenzo-p- by reaction with molecular oxygen at these standards are not prohibited from dioxins ...... 0.001 () disposal in these units. Dilution to Hexachlorodibenzo- elevated temperatures and pressures. furans ...... 0.001 () Carbon.adsorption is the adsorption of achieve these treatment standards is Pentachlorodibenzo- hazardous constituents (from a liquid or forbidden. p-dioxins ...... 0.001 (1)

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17599

BDAT TREATMENT STANDARDS FOR The spent acetone solvent mixture is generated and are classified as K099-Continued recovered in a distillation column. The wastewaters. Both of these residues. distillation tar residues from the acetone must meet the BDAT treatment [Nonwastewaters] recovery column constitute the listed standards prior to placement in land Maximum for any single K101 waste. disposal units. grab The manufacture of arsenic- Wastewaters are generated as Constituent Total containing pharmaceuticals requires the residuals by many of the incineration composition TCLP (mg/I) reaction of an organic compound with technologies that are designated as (mg/kg) inorganic arsenic to form the organic applicable to the nonwastewater forms argenical product, and generates of K101 and K102. EPA has determined Pentachlorodibenzo- arsenic-containing solid wastes that the applicable technology for these furans ...... 0.001 (') Tetrachlorodibenzo-p- including K102 waste. The Agency has wastewaters is a wastewater treatment dioxins ...... 0.001 (') detailed process flow information system that includes a chemical Tetrachlorodibenzo- concerning the manner in which K102 precipitation step to precipitate furans ...... 0.001 (') waste is generated. This information, dissolved metals as solids followed by a Not applicable. however, has been claimed to be filtration step to remove these solids. confidential business information (CBI). The residues of this wastewater BDAT TREATMENT STANDARDS FOR K099 • K101 wastes are viscous organic still treatment system include the treated bottoms containing approximately 19% wastewater and the solids that are [Wastewaters] by weight ortho-nitroaniline and less classified, for the purposes of BDAT, as Maximum for any sinle than 1%arsenic. The heat content of nonwastewaters. Further application of grab sample these wastes is approximately 7,000 a stabilization process to these solids Constituent Total BTU per pound. (102 wastes consist may be necessary in order to conform composition TCLP (mg/I) primarily of spent activated carbon with the BDAT treatment standards for (mg/I) contaminated with approximately 300 nonwastewaters. parts per million of ortho-nitrophenol. EPA has identified stabilization as an 2.4- BDAT List organic constituents Dichlorophenoxya- applicable technology for treatment of cetic acid_...... 0.15 () identified as present in K102 include inorganic nonwastewater forms of K101 Hexachlorodibenzo-p- phenol and ortho-nitrophenol. BDAT and 1(102. These include precipitated dioxins ...... 0.001 (') List metal constituents identified as residues from the treatment of Hexacitlorodibenzo- present in K10 and K102 include wastewaters, as well as ash-residues furans ...... 0.001 (i) Pentachlorodibenzo- antimony, arsenic, barium, cadmium, from incineration. Stabilization is p-dioxins ...... 0.001 () total chromium, copper, lead, nickel, designed to chemically bind metal Pentachlorodibenzo- selenium^, and zinc. constituents of the waste into the furans ...... 0.001 (') microstructure of a cementitious matrix. Tetrachlorodibenzo-p- 2. Applicable/Demonstrated dioxins ...... 0.001 ii) Treatment Technologies. EPA has The purpose of stabilization is to Tetrachlorodibenzo- identified incineration in a rotary kiln as immobilize the metal constituents and furans ...... 0.001 (i) an applicable technology for treatment thereby reduce their leaching potential. A variety of agents, including Portland 'Not applicable. of nonwastewater forms of K101 identified as distillation tar residues and cements, cement kiln dust, hydrated i. K10l-Distillation tar residues from nonwastewater forms of K102 identified limes, quick lime, fly ash and other the distillation of aniline-based as activated carbon residues. Rotary pozzolanic materials, have been compounds in the production of kiln incinerators are designed demonstrated to act as binding agents veterinary pharmaceuticals from arsenic specifically to handle sludges, solids, for various types of wastes containing or organo-arsenic compounds. tarry wastes, and containerized liquids metals. Stabilization processes generate K102-Residue from the use of that are difficult to atomize through a hardened solid residues that, for the activated carbon for decolorization in liquid injector. Many rotary kiln purposes of BDAT, are classified as the production of veterinary , incinerators are also designed to nonwastewaters. The Agency believes pharmaceuticals from arsenic or organo- siniultaneously incinerate other liquid that these processes do not generate arsenic compounds. wastes or supplemental fuel. The . wastewater residuals. 1. Industry Affected and Waste purpose of incineration is to thermally EPA has not identified any facility Description. The listed wastes K101 and destroy (oxidize) the organic .currently performing incineration and K102 are generated by facilities in the constituents of a waste. The Agency metals (ash) stabilization of K101 or veterinary pharmaceuticals recognizes that any technology such as ai K102 on a commercial scale. However, manufacturing industry. The Agency fluidized bed or multiple hearth EPA believes this technology is estimates that there are only two incinerator that is designed for thermal demonstrated for (101 and K102 in that facilities that have production processes destruction of sludges, solids, or tarry it is being used to treat wastes similar to that could potentially generate IK101 or wastes is potentially applicable to these them in regard to parameters affecting K102 wastes. wastes. However, the Agency believes treatment selection. EPA has confirmed Wastewaters containing arsenic are that the performance of rotary kiln this judgment by using a test facility to generated in the manufacture of organo- incineration attains the performance incinerate this waste. arsenic veterinary pharmaceuticals. achievable by other thermal destruction 3. Data Base. For waste code K101, These wastewaters are combined with technologies that are well designed and the Agency has treatment data from one process area wash waters and are well operated. These incinerators full-scale facility. The Agency has four pumped into a treatment system that generate ash residues that, for the data points of untreated K101 waste and. consists of chemical precipitation and purposes of BDAT, are-classified as three data points representing residual resin adsorption. The resin column is nonwastewaters. Scrubber waters from concentrations found in the ash from regenerated by a backwash of acetone. air pollution control devices are often rotary kiln incineration. The Agency has

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17600 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

four scrubber water data points that Standards for organic constituents are BDAT TREATMENT STANDARDS FOR K1 01 represent destruction of Qrganic based on concentrations found in [Nonwastewaters] compounds in the afterburner of the scrubber waters from thermal rotary kiln incinerator. destruction units. Thermal destruction in Maximum for any single For waste code K102, the Agency has a well designed and well operated unit grab sample treatment data from one full-scale results in levels that are at or near the Constituent Total facility. The Agency has four data sets detection limit. Standards for metal / composition TCLP (mg/I) of K102 waste treated by rotary kiln constituents are based on the transfer of (mg/kg) incineration. The Agency has six metals precipitation/removal data for wastewaters that contain Ortho-Nitroaniline ...... 14.0' (1) scrubber water data points that treatment of Antimony ...... (1) (2) represent destruction of organic metals at similar concentrations. These Arsenic ...... (1) (2) compounds in the afterburner of the levels are believed to represent Barium ...... ( ) (2) rotary kiln incinerator. performance of the best demonstrated Cadmium :...... (1) 0.066 Chromium (Total) ...... (1) 3.8 4. Identificationof BDAT. EPA has available technologies for these Copper ...... () 0.71 determined that the performance constituents in this waste type. Lead ...... () 0.53 achieved by incineration followed by (i) Nonwastewaters. For wastes Nickel ...... (1) 0.31 metal stabilization of ash residues identified as K101 and K102 Zinc ...... (') 0.086 nonwastewaters, EPA is proposing to represents treatment by BDAT for both 2'Not applicable. K101 and K102. Incineration followed by regulate two specific organic Reserved. metal stabilization is judged to be constituents that are not included on the available to treat these wastes because: BDAT List but have been selected as BDAT TREATMENT STANDARDS FOR K101 (1) These technologies are commercially indicators of effective incineration of [Wastewaters] available and (2) they provide these wastes. A standard for ortho- substantial reduction in the levels of nitroaniline is proposed for K101 and a M ximum for any single organic constituents and substantial standard for ortho-nitrophenol is . grab sample reduction in the mobility of metal proposed for K102. Constituent Total constituents present in these wastes. EPA is also proposing to regdlate nine composition TCLP (mg/I) 5. Regulated Constituents and metal constituents including antimony, (mg/I) Treatment Standards. The proposed arsenic, barium, cadmium, total chromium, copper, lead, nickel, and zinc Ortho-Nitroaniline ...... 0.266 (') regulated constituents and BDAT Antimony ...... (2) (I) treatment standards for wastes as indicators of effective stabilization of Arsenic ...... 2.036 (') identified as K101 and K102 are listed in these wastes (based on stabilization of Cadmium ...... 0.238 (') the tables at the end of this section. The the ash from incineration). At the time of Lead ...... 0.110 (') Agency believes that regulating these this proposal, the Agency has not Mercury ...... 0.027 (') constituents will ensure that other completed its evaluation of waste 2'Not applicable BDAT List constituents will be characterization and treatment data for Reserved. effectively treated by the technologies antimony, arsenic and barium. determined to be BDAT. EPA's rationale Therefore, the Agency is proposing to BDAT TREATMENT STANDARDS FOR K102 for selecting the regulated constituents reserve standards for antimony, arsenic (Nonwastewaters] is presented in the BDAT Background and barium until evaluation can be Document for this waste code. Facilities completed. The standards for the other Maximum for any single must comply with these treatment metals are transferred from the grab sample standards prior to placement of these treatment of wastes judged to have Constituent Total wastes in land disposal units. Those similar chemical and physical composition TCLP (mg/I) wastes that as generated naturally meet characteristics to K101 and K102 (mg/kg) incinerator ashes. these standards are not prohibited from Ortho-Nitrophenol 13.3 (I) disposal in these units. Dilution to " (ii) Wast~waters. For wastes Antimony ...... (1) (2) achieve these treatment standards is identified as K101 and K102 Arsenic ...... (1) (2) forbiddefh. wastewaters, EPA is proposing to Barium ...... (1) (2) regulate two different organic Cadmium ...... (1) 0.066 Treatment standards for all organic Chromium (Total) ...... (1) 3.8 constituents are based on analyses of constii4ents as indicators of effective Copper ...... (1) 0.71 total constituent concentration. incineration of these wastes. A standard Lead ...... (1) 0.53 Treatment standards for metal for ortho-nitroaniline is proposed for Nickel ...... (1) 0.31 constituents are based on analyses of K101 and a standard for ortho- Zinc; ...... (1) 0.086 leachate from the TCLP for all wastes nitrophenol is proposed for K102. 1 Not applicable. identified as nonwastewaters and For wastes identified as K101 or K102 2 Reserved. analyses of total constituent wastewaters, EPA is proposing to concentration for all wastes identified regulate five metal constituents from the BDAT TREATMENT STANDARDS FOR K102 as wastewaters. The units of measure BDAT List as indicators of effective [Wastewaters] for all total constituent analyses are mg/ treatment of these wastes. These include kg (or parts per million on a weight by antimony, arsenic, cadmium, lead, and Maximum for any single weight basis) for the nonwastewaters mercury. At the time of this proposal, grab sample and mg/l (or parts per million on a the.Agency has not completed its Constituent Total weight by volume basis) for evaluation of waqte characterization comoosition TCLP (mg/I) wastewaters. The units of measure for and treatment data for antimony. (mg/I) Therefore, the Agency is proposing to all analyses of leachate are mg/l (or Ortho Nitrophenol ...... 0.028 parts per million on a weight by volume reserve a standard for antimony until Antim ony ...... (2) basis). evaluation.can be completed. Arsenic ...... 2.036

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17601

BDAT TREATMENT STANDARDS FOR on ores consisting primarily of mercury The Agency has seven treated data K102--Continued sulfides that the Agency believes have points from the treatment of K106 by chemical and physical characteristics retorting. However, the K106 treated [Wastewaters] similar to K106 nonwastewaters. Thus, was not generated by the conventional Maximum for any single while EPA estimates that there are no method of sulfide precipitation, but grab sample facilities currently retorting K106, EPA consisted of elemental mercury that was Constituent Total has identified at least one facility that concentrated in the residual from comoosition TCLP (mg/I) performs retorting of mercury ores that membrane filtration of wastewater from (mg/I) are comparable to the listed waste. the mercury cell process. EPA did not Therefore, the Agency considers that consider these data to be representative Cadmium..".' 0.238 retorting is a demonstrated technology of K106 nonwastewaters because Lead...... 0.110 (') nineteen of the twenty facilities Merdury ...... 0.027 () for K106 nonwastewaters. The Agency considered stabilization generating K106 currently generate a INot aplicable. as an applicable technology and mercury sulfide sludge or residual. 2 Reserved. performed testing on nonWastewater Therefore, these data were not considered in the development of the treatment K106. Anilyses indicated that no j. K106-Wastewater BDAT treatment standards. sludges from the mercury cell process in significant reduction in leachability of As noted previously, the Agency also chlorine production. mercury from the waste was achieved 1. Industry Affected and Waste by the stabilization process. Therefore, has data from the retorting of mercury Description.The listed waste K106 is the Agency concludes that stabilization sulfide ores. EPA believes that the and physical generated by facilities in the inorganic is not a demonstrated technology for similarities in chemical chemicals industry (specifically chlorine this waste. composition of these ores and K106 manufacturing by the mercury cell has identified sulfide nonwastewaters are sufficient to allow The Agency of the retorting performance process). The Agency estimates that precipitation followed by filtration as an the transfer there are 20 facilities that-have specific data. These data were used for the applicable technology for K106 of the BDAT treatment production processes that could wastewaters. EPA believes that K106 development potentially generate K106 waste. While standards for K106 nonwastewaters. wastewaters have similar waste EPA does. not have data on treatment these facilities are distributed in just characteristics as wastewater generated about all regions of the United States, a from the treatment of K071 (brine of K106 wastewaters generated as part large proportion of them are located in of the retorting operation. EPA believes purification muds from the mercury cell wastewaters are similar in the Southeast. process in chlorine production, where that these chemical and physical composition to Chlorine is produced by the separately prepurified brine is not used). electrolytic decomposition of a wastewaters generated in treatment of Sulfide precipitation (followed by K071 by acid leaching. Therefore, EPA saturated sodium chloride brine filtration) of mercury containing solution. One type of electrolytic cell has transferred these performance levels wastewaters is demonstrated at to K106 wastewaters. The data base for uses mercury as an electrode. At such nineteen or more facilities. Therefore, facilities, process wastewaters will K071 wastewaters consists of three the Agency believes that sulfide untreated and treated data points using contain soluble and elemental mercury. precipitation is both applicable and Treatment of this wastewater stream is sulfide precipitation followed by demonstrated for wastewaters filtration. All of these data represent a performed using chemical precipitation generated from treatment of K106 of the mercury (primarily as sulfide) well designed and well operated system nonwastewaters. and were used in the development of the followed by sedimentation or filtration 3. Data Base. The Agency has nine of the precipitates. These residuals are BDAT standards for K106 wastewaters. K106. untreated and treated data points from 4. Identification of BDAT. EPA ig the listed waste EPA testing of one facility on treatment . Untreated K106 wastes consist proposing to set BDAT standards for sulfide of K106 nonwastewaters by K106 nonwastewaters based on the primarily of water (60%), mercury stabilization. Data collected during (3%), other metal sulfides (2%), and performance achieveable by the diatomaceous earth or other filter aid these tests show that these technologies retorting of mercury sulfide ores. The (35%). K106 wastes are sludges and, for were properly operated. These data Agency has determined that this the purposes of BDAT, are classified as indicated that no significant reduction in technology, is both demonstrated and nonwastewaters. Treatment of K106 leachability was achieved. Therefore, available. EPA is proposing to set BDAT results in the generation of solid the Agency concluded that stabilization standards for K106 wastewaters based residuals (nonwastewaters) and should not be considered a on sulfide precipitation followed by wastewaters. demonstrated treatment technology for filtration. The Agency has determined 2. Applicable/Demonstrated K106. that sulfide precipitation is Treatment Technologies. The Agency The Agency has five untreated and demonstrated and available for has identified thermal recovery treated data points from a literature wastewaters generated from treatment (retorting) as an applicable technology source on the treatment of K106 of K106 nonwastewaters (the sulfide for nonwastewater K106. Retorting is a combined with K071 nonwastewaters residues must meet the standards for metal recovery process, whereby heat is using dewatering followed by retorting. nonwastewaters). These technologies added to volatilize the mercury from the Since the source reports that K106 are judged to be available to treat these waste. Elemental mercury is comprised only 0.5% of the feed to the -wastes-because. (1) They are subsequently condensed as a reuseable retort furnace, the Agency believes the commercially available or can be material. The residual waste from' waste mixture does not sufficiently purchased abd (2) they provide a retorting contains significantly lower represent the majority of K106 wastes. substantial reduction in the concentrations of mercury. Retorting has Therefore, EPA did not consider these in concentrations of hazardous been demonstrated on (106 at one the development of the BDAT treatment' constituents that have to be placed on facility. Retorting is also demonstrated standards. the land.

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17602 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

The question of identifying BDAT for in-process, undiscarded material used in of Appendix VIII constituents in the K106 also requires some discussion of on-going, continuous processes found in waste which are not normally found in several other EPA regulations relating the American Mining Congress case to the feed material to be indigenous. specifically to burning hazardous wastes be an undiscarded material (see The K106 sludges would not be for materials recovery in industrial generally, 53 FR 519, 520-521, and 522- considered indigenous, under the May 6 furnaces, and relating more generally to 523, January 8, 1988). proposal, to the retort furnaces used as the issue of when secondary materials It should be noted that even if the the basis for the proposed treatment are RCRA solid wastes under such K106 waste was not deemed to be a standard. However, if an alternative circumstances. The most significant waste when it is reclaimed in processes such as classifying wastes that issue presented is whether EPA may unrelated to chlorine production, EPA contained insignificant concentrations *permissibly establish a BDAT treatment still could establish BDAT standards for of other Appendix VIII constituents to standard for the residual which results K106 that is being disposed, or be indigenous were finalized, the waste * from retorting of this waste. otherwise ensure that the waste is may not be considered indigenous. The The initial question is whether. recycled by retorting rather than by Agency solicits comments on the wastewater treatment sludge from the being land disposed. For example, the similarities of the concentrations of mercury cell process is a RCRA solid Agency could simply prohibit land other Appendix VIII constituents (other and hazardous waste when it is sent to disposal of the waste and indicate that than mercury) that are present in both -an industrial furnace for retorting. Under retorting is BDAT. The Agency also K106 and the mercury ores that are the Agency's existing regulations, this could let the statutory prohibition for the retorted in mining operations. activity is classified as the type of waste take effect, which (as a practical If such a determination of indigenous recycling known as "reclamation" matter) would have the same result. is made for K106, it would cease to be a because it involves recovery of metals Since the Agency can require solid waste when it is retorted. This contained in the wastewater treatment recycling as a BDAT standard, it must would mean that the residuals produced sludge (see 40 CFR 261.1(c)(4)). Because consider whether it has authority to set by the furnace during the retorting of the the material is a listed sludge, it is treatment standards for the residuals sludge would no longer automatically be therefore defined as a solid waste under that result from retorting. The fact that deemed to be a hazardous waste by 40 CFR 261.2(c)(3). K106 is a solid and hazardous waste virtue of the "derived-from" rule in 40 The Agency believes that this is an when it is sent for retorting does not end CFR 261.2(c), because it %youldno longer appropriate classification because a the inquiry. The Agency has discussed derive from treatment of a listed strong element of waste treatment in a number of preambles the question hazardous waste (the K106 waste would would characterize this recycling of whether a waste destined for material no longer be a hazardous waste at the activity (as noted, retorting of K106 is recovery in an industrial furnace moment of burning). Thus, the residual not currently practiced). Storage continues to be a waste when it is would be a hazardous waste only if it practices preceding reclamation of this actually fed into the furnace. The issue exhibited a characteristic.of a waste also can involve direct placement arises because industrial furnaces are hazardous waste. Depending upon the on the land (for instance, in open waste normally used as essential components type of device doing the retorting, and piles), another indication that the of industrial processes, and when they the feed materials to that device, the wastewater treatment sludge is a waste. are actually burning secondary residual might also presently be For a more detailed discussion see 50 FR materials for material recovery can be excluded from regulation as a waste 641 (January 4, 1985) which presents the involved in the very act of production, from the mining, beneficiation, or decision factors to determine whether an activity normally beyond the processing of an ore or mineral (see 52 sludges and byproducts should be Agency's RCRA authority (see 50 FR FR 17012, May 6, 1987). Under these designated as solid wastes when they 630, Januaiy 4, 1985; 50 FR 49167, circumstances, the Agency probably are to be reclaimed. EPA hasirecently November 24, 1985; and 52 FR 16889-990, could not set treatment standards for the proposed to codify these factors, with May 6, 1987). Accordingly, the Agency residual which does not exhibit a some modifications, in its regulations. (53 has stated that, even when secondary characteristic of hazardous waste, since FR 519 and 529, January 8, 1988). materials sent to be reclaimed in these the land disposal prohibitions apply The recent opinion of the District of devices are wastes before they are only to "hazardous wastes". In addition, Columbia Circuit Court of Appeals in reclaimed, they cease to be wastes any prohibition for residuals exhibiting American Mining Congress v. EPA (824 when they are actually placed in the a characteristic of hazardous waste F. 2d 1177) does not change this industrial furnace for materials would take effect on May 8, 1990, as a analysis. The court stated that when a recovery. To retain authority over third third-waste. generator has a secondary material of industrial furnaces where waste Thus, although the Agency has no further use to him, which he discards treatment is a driving element of the proposed treatment standards based on by giving to another person for reclamation activity, the Agency has total and leachable mercury , recycling, the material is a "discarded further stated that the secondary. concentrations in the residual, EPA material" within the meaning of RCRA material being reclaimed in the solicits comment on the issues with the section 1004 (27). An example used in industrial furnace must be "indigenous" view that EPA could establish either the opinion is used oil given by the to that furnace for it to cease being a "total recycle" or "no land disposal" as original generator to a second person for waste. The Agency has proposed to the treatment standard for K106 should recycling (824 F. 2d at n. 14). The define "indigenous" to be any material it determine not to set treatment wastewater treatment sludge is similarly generated by the same type of furnace in standards for the residual. discarded by the generator when it is no which it will be reclaimed (see the 5. Regulated Constituents and longer useful to the original generator, is proposal in 52 FR 17034, May 6, 1987). Treatment Standards.The proposed given to another entity for recycling, and The Agency suggested other possible regulated constituents and BDAT is not recycled in the original process or alternatives in the May 6 proposal, treatment standards for wastes even in another chlorine and caustic including classifying wastes that- identified as K106 are listed in the tables soda process. Thus, it is not the type of contained insignificant concentrations at the end of this section. EPA is

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17603

proposing that mercury is the only pharmaceutical industry. Where EPA FO01-F005 wastewaters from the constituent that needs to be regulated has set a treatment standard, it is not pharmaceutical industry. for wastes identified as K106. EPA's precluded from revising that standard The revised BDAT treatment standard rationale for selecting mercury is after the statutory date provided that proposed for methylene chloride in presented in the BDAT Background rulemaking procedurqs are followed. wa'stewaters identified as FOO1, F002, Document for this waste code. Facilities RCRA section 3004(m)(1) specifically F003, F004 and/or FOO5 from the must comply with these treatment states that treatment standards are to be pharmaceuticals industry is listed in the standards prior td placement of these revised as, appropriate. Therefore, in table at the end of this section. (Note wastes in land disposal units. Those light of the new data collected, EPA is that the proposed treatment standard is wastes that as generated naturally meet today reproposing the treatment reflected in the regulations by amending these standards are not prohibited from standard for methylene chloride in § 268.41 by removing methylene chloride disposal in these units. Dilution to F001-F005 wastewaters from the (from the pharmaceutical industry) and achieve these treatment standards is pharmaceutical industry. The treatment its corresponding concentration, and forbidden. standards for all other hazardous adding the revised treatment standard in The treatment standards are based on constituents in F001-F005 wastewaters, § 268.43.) Facilities must comply with analyses of total constituent and all hazardous constituents in F001- this treatment standard prior to concentration and leachate from the FOO5 nonwastewaters are not being placementof these wastes in land TCLP for all wastes identified as reproposed and therefore remain as disposal units. Those wastes that as nonwastewaters and analyses of total promulgated on November 7, 1986 (51 FR generated naturally meet these constituent concentration for all wastes 40572). The Agency also is not standards are not prohibited from identified as wastewaters. The units of reproposing the standard for methylene disposal in these units. Dilution to measure for total constituent analyses chloride in F001-FOO5 wastewaters other achieve these treatment standards is are mg/kg (or parts per million on a than those from the pharmaceutical forbidden. The treatment standard is weight by weight basis) for the manufacturing industry. based on analysis of total constituent nonwastewaters and mg/l (or parts per EPA established two separate waste concentration and is expressed in mg/l million on a weight by volume basis) for treatability groups for wastewaters: (or parts per million on a weight by wastewaters. The units of measure for Methylene chloride in F001-F005 volume basis). analyses of leachate are mg/l (or parts wastewaters from the pharmaceuticals The data and analyses used to ,per million on a weight by volume manufacturing industry and all other develop this standard have been placed basis). F001-F005 wastewaters containing in the docket for today's proposed rule methylene chloride. A BDAT treatment and are available as an addendum to BDAT TREATMENT STANDARDS FOR K106 standard of 12.7 mg/1 was promulgated the background document for the final [Nonwastewaters] for methylene chloride in wastewaters rule for FOOl-F005 solvent wastes. in the pharmaceuticals manufacturing Maximum for any single industry treatability'group, based on the BDAT TREATMENT STANDARDS FOR F001, grab sample performance data for steam stripping. A F002, F003, F004, AND F005 Constituent Total BDAT treatment standard of 0.20 mg/1 composition TCLP (mg/I) was promulgated for all other FOOl-Fo05 [Wastewaters; pharmaceuticals industry (mg/kg) subcategory] wastewaters containing methylene chloride, based on performance data for Mercury ...... 630 0.028 Maximum for any single biological treatment. grab sample BDAT for methylene chloride in Constituent Total BDAT "'REATMENT STANDARDS FOR K106 wastewaters from the pharmaceutical composition TCLP (mg/I) industry has been confirmed to be steam (mg/I) [Wastewaters] stripping. Data was obtained from the Methylene chloride 0.44 (1) Maximum for any single treatment of wastewaters with influent grab sample concentrations of methylene chloride Not applicable. Constituent Total that are similar to the influent composition TCLP (mg/I) concentrations in wastewaters from the 1. K021-Aqueous spent antimony (mg/I) pharmaceutical industry. The Agency catalyst waste from fluoromethanes has determined that the wastewaters production. Mercury ...... 0.030 (') that were tested, are in the same K025-Distillation bottoms from the 'Not applicable. treatability group as the wastewaters production of nitrobenzene by the from the pharmaceutical industry and is nitration of benzene. k. Revision of BDAT Treatment transferring the data and standards to K060 Ammonia still lime sludge from Standard for Methylene Chloride in the pharmaceutical industry. coking operations. Wastewaters from the Pharmaceutical The Agency is aware of at least two Based on available information, the Industry Listed as F001, F002, F003, F004 facilities that use steam stripping to Agency believes that these wastes are and /or F005. treat methylene chloride in wastewater. no longer generated, and therefore, are On November 7, 1986, EPA EPA has determined that steam not currently being land disposed. EPA promulgated treatment standards for stripping is demonstrated to treat FOO1- solicits comment to the contrary. The regulated constituents in FOO1-FOO5 FOO5. Steam stripping is judged to be Agency is prohibiting land disposal of spent solvent wastewaters'and available to treat these wastewaters these wastes. This approach ensures nonwastewaters. Since that time, EPA because: (1) Steam stripping is that these wastes will not be land has collected additional data on steam commercially available or can be disposed in the future. stripping of methylene chloride in purchased and (2) steam stripping The proposed treatment standard for wastewaters at similar concentrations provides a substantial reduction in the these wastes is "No Land Disposal," as those wastewaters from the concentration of methylene chloride in allowing for the possibility that these

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17604 1 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

wastes may be generated at a CERCLA BDAT TREATMENT STANDARDS FOR requirements and only until May 8, 1990. site or during a corrective action at a K044, K045, AND K047 These requirements have been.termed RCRA facility and may require a the "soft hammer" provisions. (Nonwastewaters and Wastewaters] ,variance from the treatment standard. Wastes identified asKO11, K0.13, and/ or K014 are wastes generated from the BDAT TREATMENT STANDARDS FOR production of acrylonitrile. Information K021, K025, AND K060 [No Land Disposal] supplied by industry trade associations indicate that many of the facilities are [Nonwastewaters and Wastewaters] combining KO1 and K013 and removing n. Wastes for Which EPA is Proposing No Land Disposal. filterable solid materials prior to No Treatment Standards (Including all disposal of the filtrate in underground Chemical Specific P and U Wastes). injection wells. The filtered K011 and m. K044-Wastewater treatment F007-Spent cyanide plating bath K013 residues are often combined with sludges from the manufacturing and solutions from electroplating operations. K014 and incinerated in a hazardous processing of explosives. F008-Plating bath sludges from the waste incinerator. The Agency K045-Spent carbon from the bottom of plating baths from the anticipates that many facilities will treatment of wastewater containing electroplating operations where submit petitions for evaluation of "no explosives. cyanides are used in the process. migration" from these underground K047-Pink/red water from TNT F009-Spent stripping and cleaning injection' units into which filtrates of operations. bath solutions from electroplating K011 and K013 are being injected. At EPA has determined that a proposed operations where cyanides are used in this time, EPA has not completed its the process. investigation of the incineration of the standard of "No Land Disposal" is F019-Wastewater treatment sludges for K044, K045, and K047 filtered residuals nor has it evaluated a appropriate from the chemical conversion coating of wastes. This determination is based on 'no migration" petition specific to these the fact that open burning and open aluminum. waste codes. EPA anticipates that it will K011-Bottom stream from the establish treatment standards based on detonation of reactive wastes is not -wastewater stripper in the production of considered land disposal. So long as no analysis of the performance of acrylonitrile. reactive constituents remain after K013-Bottom stream from the incineration or based on an detonation, there would be no land acetonitrile column in the production of extrapolation of data for wastes-with similar physical and chemical disposal of a hazardous waste (40 CFR acrylonitrile. 261.3(a)(2)(iii)). K014-Bottoms from the acetonitrile characteristics. This investigation of K011, K013, and K014 will not be EPA's listing of K044, K045, and K047 purification column in the production of was based solely on the potential of acrylonitrile. completed in time for proposal and these wastes to explode. The Agency K017-Heavy ends (still bottoms) promulgation by the statutory deadline does not have any data to suggest that from the purification column in the of August 8, 1988. Therefore, until EPA any hazardous residuals are present production of epichlorohydrin. promulgates treatment standards (and following open burning or open K031-By-product salts generated in until May 8, 1990), the "soft hammer" detonation. However, EPA solicits the production of MSMA (monosodium provisions would apply to these wastes comments providing data that show the methanearsenate) and cacodylic acid. if they are placed in land disposal units. presence of BDAT List constituents in K035-Wastewater treatment sludges Finally, EPA notes that many of these treatable concentrations in residuals generated in the production of creqsote. wastes, when existing as untreated from managing these wastes in this K084-Wastewater treatment sludges wastes, are already prohibited from land manner. generated during the production of disposal because they are California List In the absence of such data, EPA veterinary pharmaceuticals from arsenic wastes. The liquid cyanide wastes, for concludes that the current practices of or organo-arsenic compounds. example, could exceed the statutory open burning and open detonation K085-Distillation or fractionation prohibition levels for cyanide. Several of provide complete destruction of the column bottoms from the production of the organic hazardous wastes hazardous components of K044, K045, chlorobenzenes. .undoubtably exceed the statutory levels and K047 and subsequent land disposal All remaining "First Third" wastes for wastes containing halogenated of residuals is unnecessary. Therefore, originally listed under § 261.33 (e) and organics (HOC wastes). To the extent EPA is proposing "No Land Disposal" as (f) (i.e., those beginning with a "P" or that these wastes are prohibited under the requirement for these wastes. This "U''). the California List rule (52 FR 25773, July standard is consistent with EPA's The Agency has not completed its 8, 1987) or statutory provisions (RCRA general approach in that the standard evaluation of BDAT for these wastes section 3004(d)(2)) and also fall under provides a significant reduction in the and is not proposing treatment the soft hammer, the California List hazard presented by these wastes and is standards at this time. Therefore, the prohibitions and treatment standards (if based on demonstrated and available Agency will not promulgate standards any apply. Thus, for example, any technology. for these wastes by their statutory prohibited HOC wastes that also are EPA recognizes alternative deadline of August 8, 1988. RCRA .First Third "soft hammer" wastes would technologies, such as incineration in section 3004(g)(6) (42 U.S.C. 6924(g)(6)) have to be incinerated before land specially designed units, is being provides that if EPA fails to set disposal. investigated for wastes similar to K044, treatment standards for any hazardous o. Burning in Industrial Boilers and K045, and K047. By establishing a waste included in the schedule Industrial Furnaces as BDAT for HOC's. treatment standard of "No Land promulgated on May 28, 1986 (51 FR EPA has also decided to repropose for Disposal" rather than allowing the 19300) by the statutory deadline, such additional comment a notice that statutory bans to take effect, a petition waste may be land disposed in a landfill appeared in the May 6, 1987, proposed for a variance from the standard can be or surface impoundment only if the rule on boilers and industrial furnaces submitted to the Agency for evaluation. facility meets certain statutory burning hazardous wastes. 52 FR 17021.

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17605 17605 This proposal would have allowed products used in a manner constituting wastes were being placed on the land, burning in industrial boilers and disposal are not presently subject to they at least would be meeting the furnaces to be considered BDAT for federal regulation. 40 CFR 266.20(b). treatment standard required for all other California List HOCs. Although most of Commercial waste-derived fertilizers wastes of the same type. the comments supported this approach, are likewise presently exempt from The Agency consequently solicits EPA is soliciting further comment. We Federal Subtitle C regulation. The comment on whether the existing note that this rule might become question we are addressing here-and exemption in § 266.20(b) should be effective a short time before final also addressed in a more specific conditioned by requiring that any such permitting and interim status standards content for waste-derived fertilizers waste-derived product meet applicable for emissions from these devices produced from waste K061 in the April treatment standards. EPA notes further become effective (current schedules call 8, 1988 proposed rule-is whether that if the Agency adopts this proposal, for the boiler and industrial furnace waste-derived products whose it would not necessarily be finding that rules to be promulgated early in 1989). placement on the land is presently further regulation of this type of use EPA is tentatively prepared to accept exempt from Federal regulation should constituting disposal is unnecessary, or this possibility because these devices be allowed to be placed on the land if finding that use constituting disposal of are likely to be operated efficiently so as they don't meet the BDAT treatment waste-derived products that meet the to achieve substantial destruction of the standards for each prohibited hazardous treatment standard is necessarily safe. HOCs in the waste. This is because waste that they contain. flisposal of hazardous waste would still industrial boilers and industrial furnaces The Agency is proposing to qualify the be occurring in unregulated units. have a commercial purpose which exemption from regulation for Rather, this type of placement on the requires telatively efficient burning (see hazardous waste-derived products that land would at least be meeting the § 260.10 definitions of "boiler" and are used in a manner constituting minimum statutory requirements in "industrial furnace" which require, for disposal (§ 266.20(b)) to provide that section 3004 (d), (e), (g) and (in). boilers, energy recovery efficiency of 60 such waste-derived products must meet In order to implement this type of percent and 75 percent export and any (and all) applicable treatment requirement, the Agency would need to utilization of recovered energy, and, for standard(s) in Subpart D of Part 268 for have some type of tracking scheme in industrial furnaces, that the device be the waste. The Agency believes that this place, and some means for persons an integral part of a manufacturing approach is warranted for the following producing waste-derived products to process). In addition, non-industrial reasons. demonstrate that they are meeting the boilers, some of which might be First, this type of use constituting applicable treatment standard. Of expected to destroy HOCs less disposal consists of placing wastes course, hazardous wastes utilized to efficiently, are essentially prohibited directly on the land, a form of land produce waste-derived products that are from burning hazardous waste at all. disposal under section 3004(k). Under used in a manner constituting disposal Section 266.31(b). the land disposal prohibition program, are already subject to regulation until The rule as proposed would amend untreated hazardous wastes are not to the waste-derived product is produced, § 268.42(a)(2) to say that boilers and be placed directly on the land (i.e., land and so are subject to § 268.7 tracking industrial furnaces burning in disposed) except in "no migration" controls (as well as the other applicable accordance with applicable regulatory units. Subtitle C requirements) until that point. standards could burn HOCs. When Part Second, the Agency (with few The issues on which we are soliciting 266 standards exist for these devices, exceptions) has not evaluated whether comment are how should the producer the devices thus must meet these the placement of hazardous waste- document that the waste-derived standards. Until then, they would have derived products on the land is safe. The product meets BDAT-for instance, is to meet other applicable Federal, state, Agency has merely deferred regulation there any reason not to follow the and local standards.. while it studies the problem to testing procedures in § 268.7(b)-and 11. Requirement that Hazardous determine an appropriate regulatory whether any further tracking to the Waste Derived Products Used in a regime. See 50 FR 646-647 (January 4, ultimate user (as occurs normally under Manner Constituting Disposal Meet 1985). Thus, continuation of the current § 268.7(b) (1) and (2)) is needed. BDAT in Order to Remain Exempt from exemption from regulation in § 266.20(b) Finally, the Agency reiterates that Regulation appears to directly thwart the policy, there does not appear to be any question Under the Agency's rules, hazardous and indeed the express command, of the that waste-derived products that are secondary materials being used in a land disposal prohibition statutory placed on the land are "solid wastes" manner constituting disposal are defined provisions. There is not even a under RCRA. Nothing in American as solid and hazardous wastes. 40 CFR countervailing environmental objective Mining Congress v. EPA, 824 F. 1177 261.2(c)(1). Examples-are use of at stake since the Agency has no data (D.C. Cir. 1987) is to the contrary. The hazardous waste as dust suppressants, demonstrating the safety of most of hazardous wastes in the waste-derived road base material, or fertilizers. these practices. Indeed, the existing product are being gotten rid of by Products produced from hazardous exemption in § 266.20(b) may create an disposing of them, and so are being secondary materials, which are placed incentive to avoid treatment (or to avoid discarded. See generally, 53 FR 521-522 on or applied to the land, are likewise BDAT-level treatment) and to utilize this (January 8, 1988), and underlying record defined as solid and hazardous wastes form of disposal instead. It consequently materials. (assuming the waste-derived *product appears to the Agency that all The following examples show how the remains hazardous, per the definitions hazardous waste-derived products, in Agency envisions the proposal would in § 261.3). 40 CFR 261.2(c)(1)(B). If the order to be exempt from regulation operate. hazardous waste component has when they are placed on the land, 1. A generator generates "undergone a listed a chemical reaction in the should have to meet any applicable wastewater treatment sludge which is course of producing the product so as to treatment standard for the waste prohibited from land disposal and for become inseparable by physical established in Subpart D of Part 268. At which the Agency has established means", then such waste-derived that point, even though hazardous treatment standards. The sludge is

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17606 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

combined with virgin materials in a way wastewaterK103 and K104 list 2,3- Finally, EPA neglected to include a that causes the hazardous waste to dinitrophenol. The actual constituent, hazardous constituent in the preamble undergo a chemical reaction so as not to however, is 2,4-dinitrophenol, as stated table for K019 nonwastewaters on page be separable from the product matrix by in the background document for these 11756. This constituent, chlorobenzene physical means. The waste-derived wastes. Also, regarding the regulatory (with a total composition treatment product is then sold to the public as text for K103 and K104 nonwastewaters standard of 5.66 mg/kg), is correctly road base material. on page 11790, an error was made in included in the regulatory text and is Assuming that the activity is not sham stating the total composition levels for supported by the background document. recycling (i.e., that the listed hazardous aniline, nitrobenzene, and phenol. The waste and its hazardous constituents correct level, 5.44 mg/kg, is correctly B. Determinationand Measurement of really contribute legitimately to the stated in the preamble discussion on Applicable Treatment Standards waste's use as road base material), then page 11758. Although the BDAT the waste-derived product would have 1. Relationship to Restrictions on background document supports these California List Wastes to meet the BDAT standard for the listed corrections, anyone confused by this hazardous waste or it could not legally may submit further comment addressing Certain First Third wastes having be placed on the land. The generator of the point. proposed treatment standards and the product also would have to Third, on pages 11763 and 11791 of the prohibition effective dates are also document that the waste-derived April 8 proposal, the concentration level California list wastes. The California list product meets the treatment standard. for toluene in K015 waste is stated covers a broad group of corrosive 2. An aggregate kiln burns a variety of incorrectly. The tables in the preamble wastes and specific metal-, cyanide-, prohibited hazardous wastes generated and regulatory language for K015 list the and halogenated organic-containing by other generators along with virgin total composition level for toluene as wastes, for which EPA has promulgated materials to generate waste-derived 1.00 mg/l. The actual value, as stated in treatment standards and/or effective aggregate, which is sold to the general and supported by the background dates in the July 8, 1987 rule (52 FR public for direct placement on the land. documents is 0.148 mg/l. Even though 25760). Once the standards and dates Assuming that the activity is not sham the treatment standard is stated proposed today are finalized, they recycling (i.e., that the prohibited correctly in the.background document, supersede the applicable California list hazardous wastes and their hazardous anyone confused by the April 8 waste treatment standards and effective constituents do contribute legitimately preamble may submit comment on the dates. Under 40 CFR 268.32(h) this to producing aggregate), then the toluene treatment standard up until the interpretation, pursuant to which a aggregate would have to meet the date for comment on this proposed rule. waste-specific determination supplants treatment standard for each prohibited Fourth, on page 11789 of the April 8 a California list waste determination, hazardous waste that it contains. The proposal, an error was made in the has been applied to solvent- and dioxin- kiln operator would also have to headings for the treatment standard containing wastes which have treatment document that each batch meets these tables for K016 and K018 wastes (the standards and effective dates and are "wastewater" tables are incorrectly standards. California list wastes. labeled as second "nonwastewater" 12. Corrections to the April 8, 1988 The April 8, 1988, rule (53 FR 11742) tables). These tables are correctly Proposal (53 FR 11742) proposed a reading different from that labeled in the preamble discussion on Although there were several page 11756. Also, on page 11762 the stated above for First Third wastes which have waste-specific treatment typographical and editorial errors in the second and third tables in the first April 8, 1988 proposal, this preamble column are incorrectly labeled K050 standards and are also California list section addresses only the most wastes. These tables actually present wastes, but for which, due to a pertinent. the treatment standards for K051 significant shortage of alternative First, on page 11770 of the April 8th wastes, as is correctly stated in the capacity, the Agency grants a national proposal, the Agency discusses the. regulatory language. The Agency will variance from the effectiv~e date. EPA availability of the 2-year nationwide accept further comment on this issue solicited comment on an approach variance for solvent wastes which from anyone confused by these where, for these wastes, the applicable contain less than one percent total F001- corrections. California list waste treatment F005 solvent constituents. Although the Fifth, the tables for K019 wastewater standards and effective dates would Agency did not propose to change its and nonwastewater, and K020 remain in effect, superseding the waste- approach from the existing regulation in nonwastewater on page 11756 specific determinations for the duration § 268.30(a)(3), EPA stated that it was incorrectly state the hazardous of the variance. This rule also proposed proposing regulatory language and constituent tetrachloroethene as that First Third wastes for which the soliciting comment on this approach. tetrachloroethane. The constituent is, Agency has not set treatment standards The Agency, however, inadvertently however, correctly stated in the and effective dates by August 8, 1988 neglected to include the proposed regulatory language. (wastes covered by the "soft hammer" regulatory language. Today's proposed Sixth, in the preamble for K016 requirements), are subject to any regulatory language corrects this wastewater on page 11756 and in the applicable California list waste oversight by proposing the existing regulatory text for K030 wastewater on treatment standards and effective dates. regulatory language, as discussed in the page 11790, the total composition Comments addressing these proposed April 8th preamble. treatment standard for interpretations are also requested here. Second, an error was made in hexachloroethane is incorrect. The C. ProposedApproach To Comparative identifying a hazardous constituent for correct treatment standard is 0.033 mg/l, Risk Assessment K103 and K104 wastes in both the as supported by the background preamble and in the regulatory document. EPA will accept comment on Within the regulatory framework language. On pages 11758 and 11790 of these corrections from anyone confused established for implementing the land the April 8proposal, the treatment by the change throughout the comment disposal restrictions, EPA included standard tables for nonwastewater and period on this proposed rule. certain criteria in the determination of

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17607 I IL7607 "available" treatment technologies. One D. Determinationof Alternative to reassess, available treatment capacity criterion required that treatment Capacity and Effective Dates for First for those wastes as soon as it was technologies not present greater total Third Wastes available (see 53 FR 11742]. risks than land disposal waste 1. Capacity Data Base and Methodology Section III.E briefly covers new management practices. See 51 FR 40592- -capacity analyses of waste volumes 40593 (November 7:1986). Although the, EPA has developed a new data base requiring alternative capacity pursuant Agency conducted comparative risk for capacity analyses. This data base is to the Solvents Rule (51 FR 40572) and assessments in the development of comprised of information from the California List Rule (52 FR 25760). regulations prohibiting land disposal of responses to the National Survey of Section III.F presents our analysis of soil certain spent solvent and dioxin- Hazardous Waste Treatment, Storage, and debris wastes. These waste containing hazardous wastes (November Disposal and Recycling Facilities (the volumes are not included in the 7, 1986 final rule) and California list TSDR Survey). analyses of the First Third wastes. wastes (July 8, 1987 final rule), the EPA conducted the TSDR Survey However, it is important to note that the analyses did not affect the during 1987 and early 1988. One major discussion of capacity available for determinations that treatment was objective of the survey was to obtain treating First Third wastes does reflect comprehensive data on hazardous waste only the amount of available capacity available. management capacity and on volumes Upon further consideration of the remaining after accounting for the of hazardous waste being land disposed. treatment of wastes restricted from land existing comparative risk analysis, the The TSDR Survey was sent to all RCRA Agency has decided not to utilize disposal under the Solvents Rule and permitted or RCRA interim status HOCs under the California List Rule. comparative risk assessment in this facilities that have or plan to have rulemaking because it is problematic. In treatment, a. Total Quantityof Land Disposed disposal or recycling FirstThird Wastes. EPA has cases where the land disposal practice capabilities. The TSDR Survey was also estimated could be found to be less risky than any the total quantities of all of the sent to a statistical sample of facilities scheduled of the treatment alternatives, the that have only storage. This new data First Third wastes that are analysis could lead to anomalous land disposed annually based on the base is the primary source of data for results of the TSDR results. For example, in situations where evaluation of capacity for this rule, with Survey. These waste the comparative risk analysis indicated supplemental data used as needed. (See quantities, and the methods by which that land disposal was the least risky the BackgroundDocument for First the wastes are stored, treated, and. alternative available, there would be no Third Wastes to Support 40 CFR Part disposed, are presented in the table specified treatment technology for the 268 Land DisposalRestrictions, PartII., below. Underground injection, one wastes. At the same time, land disposal referred to hereafter as the "Capacity method of land disposal, is not included, would be prohibited by statute. Thus, Background Document," for a complete but will be addressed in a separate the generator could not treat or land description of the.TSDR Survey data set rulemaking. Other methods of land dispose the wastes, even though and other supplemental data.) disposal that are affected by today's treatment could be conducted pursuant The general approach for capacity proposal (e.g., utilization of salt dome to other regulatory standards that assure analyses for this rule is similar to that and salt bed formations and protection of human health and the used for the past land disposal underground mines and caves) are not environment. restrictions rules, but the new data set addressed in the capacity analyses because of insufficient data. A second anomaly is that unless EPA provides for more comprehensive actually analyses. Major changes in the capacity specifies a treatment method as TABLE 1.- TOTAL VOLUME OF LAND the treatment standard-normally methodology include an analysis of an DISPOSED FIRST THIRD WASTES undesirable option (see 51 FR 44725, volumes being treated in surface December 11, 1986)-the regulated impoundments that meet the minimum [Million gallons/year] community may still use treitment technology requirements, an analysis of technologies identified as riskier than planned closure of surface Storage: impoundments through replacement Waste piles ...... 48 land disposal to comply with the Surface impoundments ...... 6 treatment standards. In this respect, the with tanks, and an analysis of the Treatment: sequences of management processes W aste piles ...... 29 comparative risk assessments would not Surface impoundments ...... 612 deter the use of treatment found that minimizes the possibility of double to counting. (See the Capacity Background Disposal: present greater total risk. I Landfills ...... 303 Document for a detailed description of In light of these considerations, EPA Land treatment ...... 77 the capacity data set and methodology.). Surface impoundments ...... 78 has not used the existing comparative risk assessment approach in this 2. Capacity Analysis of First Third Total ...... 1,153 proposal and is reconsidering its Wastes, Solvent Wastes, California List Wastes, and application as a decision tool in future Soil and Debris About 78 million gallons of First Third rulemakings in the determination of The following discussion presents "available" treatment wastes are disposed of in surface technologies. In EPA's capacity analyses for the First impoundments annually. Ultimately, all the future the Agency may conduct risk Third wastes for which EPA is of this waste will require alternative analyses to distinguish between the proposing treatment standards. These treatment capacity. Approximately 6 overall degree of risk posed by analyses were performed using the new million gallons of First Third wastes are alternative treatment technologies and TSDR Survey data. EPA is also stored in surface impoundments to make determinations concerning the presenting updated capacity analyses annually. Since storage means a "best" technology based on net risk for the wastes addressed in the temporary containment of waste, EPA posed by the alternative practices. In the Proposed First Third Rule on April 8, has assumed that stored wastes are April 8, 1988 proposal the Agency 1988 (53 FR 11742). The Agency eventually treated, recycled or solicited comment on this new explained in this recent notice that the permanently disposed of in other units. approach. new TSDR Survey data would be used To avoiddouble counting (i.e., counting

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17608 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 Proposed Rules

them once when they are stored and In addition to the wastes stored and waste piles, and 380 million gallons then again when they are finally, disposed in surface impoundments, were disposed of by landfill and land disposed of) of such wastes, the volumes about 612 million gallons of First Third treatment. of wastes reported as being stored in wastes are treated annually in surface The Agency has also estimated the surface impoundments were not impoundments that do not meet the quantities of land disposed First Third included in the estimates of volumes minimum technology standards or are wastes for which treatment standards requiring alternative treatment capacity. residuals that have been removed from are being proposed today and for which However, the Agency recognizes that those surface impoundments that do these wastes will eventually require meet the minimum technology standards were proposed on April 8, alternative storage capacity because of standards. Additionally, about 48 1988. the restrictions on placement of wastes million gallons were stored in waste into surface impoundments. piles, 29 million gallons were treated in

WASTE CODES-STANDARDS BEING PROPOSED TODAY

K025' K060 K102

'K025-originally a Second Third waste (51 FR 19300, May 28, 1986), but treatment standards are being proposed today.

WASTE CODES-STANDARDS PROPOSED APRIL 8,1988

K016 K0191 K036 K048 K052 K062 K1001 K104

K019-originally a Second Third waste. K100-originally a Third waste. Treatment standards were proposed on April 8, 1988.

Waste quantities for these codes and Waste quantities for these codes and the basis of land disposal method, waste the method by which they are disposed the method by which they are land code, and physical/chemical form. Using are presented in the table below. disposed are presented in the table this information, the Agency then below. determined which treatment TABLE 2.- VOLUME OF LAND DISPOSEE technologies are applicable to the waste FIRST THIRD WASTES FOR WHICI- TABLE 3.-VOLUME OF LAND DISPOSED volumes and placed the wastes into STANDARDS ARE BEING PROPOSED FIRST THIRD WASTES FOR WHICH treatability groups (groups of wastes for STANDARDS ARE NOT BEING PROPOSED which proposed treatment standards are [Million gallons per year] [Million gallons per year] based on the same technology). Finally, Storage: EPA determined the volumes of W aste piles ...... 4C Storage: Surface impoundments ...... Waste piles ...... 8 alternative treatment capacity that Treatment: Surface impoundments ...... 2 would be required when owners/ W aste piles ...... 0 Treatment: operators comply with the land disposal Surface impoundments ...... 321 Waste piles ...... 2 restrictions being proposed today. Disposal: Surface impoundments ...... 291 Landfills ...... :...... 28( Disposal: Based on this analysis, the Agency Land treatment ...... 7- Landfills ...... 17 estimates that today's proposed rule Surface impoundments ...... 7(8 Land treatment ...... <1 Surface impoundments ...... <1 could potentially affect about 833 Total ...... 83 million gallons of First Third wastes that Total ...... 320 are land disposed annually. Of this total, In addition to the quantities presented about 789 million gallons will require above, the Agency also has estimated b. Required Alternative Capacity.In alternative treatment capacity (the the amount of land disposed First Third order to complete our capacity analyses, remainder is stored). As explained wastes for which treatment standards EPA had to assess the requirements for elsewhere in this preamble, EPA is are not being proposed before August 8, alternative treatment capacity that proposing treatment standards that are 1988. This group of wastes is subject to would result from the promulgation of expressed as concentration limits and is the "soft hammer" provisions and today's proposed rule. EPA first identifying the technology basis of the includes all of the First Third P and U characterized the volumes of First Third standards (the Best Demonstrated wastes as well as the following F and K wastes for which treatment standards Available Technology or BDAT). EPA is wastes: are being proposed, since these wastes not requiring that the specified F007 F008 F009 F019 K011 K013 will require alternative treatment. treatment technologies be used to K014 K017 K031 K035 K084 K085 Waste streams were characterized on comply with the standards, but these

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Federal Register /'Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17609 technologies, as described below TABLE 5.-REQUIRED ALTERNATIVE COM- TABLE 6.-ALTERNATIVE COMMERCIAL (Section III.D.3), were generally used as MERCIAL TREATMENT/RECYCLING CA- TREATMENT/RECYCLING CAPACITY FOR the basis for determining available PACITY FOR FIRST THIRD WASTES PRO- FIRST THIRD WASTES-Continued. capacity. POSED APRIL 8,1988-Continued [Million gallons 'per year] The volumes of First Third wastes [Million gallons/year] that require alternative treatment/ Technology Available Required recycling capacity are presented in Waste code Required Table 4. This table includes only the capacity Wastewater treatment: quantities of wastes that require Cyanide oxidation, K104...... <0.1 chemical alternative commercial capacity; the precipitation, volumes given do not include wastes See Section III D.3 for a discussion of wastes not settling/filtration .... 164 < 1 that can be treated on-site by the requiring alternative treatment capacity. Chromium reduction, generator. chemical precipitation, 3. Capacity Currently Available and settling/filtration ...... 195 41 TABLE 4.-REQUIRED ALTERNATIVE COM- Effective Dates Carbon adsorption, MERCIAL TREATMENT/RECYCLING CA- chromium The table below also presents the reduction, WASTES PACITY FOR FIRST THIRD volumes of First Third wastes that chemical BEING PROPOSED TODAY require alternative treatment capacity, precipitation, settling/filtration ...... 12 1 [Milliongallons/year] but, in this case, the volumes are given Sludge treatment according to the technology description Acid leaching, Required of the type of alternative treatment code capacity required. This table also presents the oxidation, sludge amount of capacity that is available in dewatering ...... 0 4 F006 ...... 126.9 each case. K001 ...... 2.4 Numbers in parentheses denote the volume of It is important to note that the waste that still requires alternative capacity when K021 ...... 10.0 K048-K052 wastes are not included in the analyses K022 ...... 0.1 volumes given for each treatability (as explained, a capacity variance is being proposed K025 ...... 0.0 group represent figures derived by for K048-K052). K044 ...... 0.0 summing volumes reported as land K045 ...... 00. disposed in the TSDR Survey for each Liquid Incineration.EPA estimates K046 ...... 1.6 K047 ...... 0.0 waste code. Some of these wastes, that about one million gallons per year K060 ...... 0.0 because of their actual physical form, of First Third wastes would require K083 ...... 0.1 cannot meet treatment standards simply liquid incineration treatment as a result K086 ...... 0.2 by using the technQrgy designated as K087 ...... 1.4 of the treatment standards proposed K099 ...... 0.0 BDAT (e.g., a waste in the foim of a today and on April 8, 1988. Treatment K101/102 ...... 0.1 sludge cannot undergo liquid injection standards for the wastes K015, K083 and K106 ...... 0.4 incineration, even though this may have K086 are based on liquid incineration. been identified as BDAT for a particular See section 11I.D.3for a discussion of wastes not Using the new TSDR survey data, the requiring alternative. treatment capacity. waste code). These wastes must be Agency has evaluated commercial treated through several steps, called a capacity and has determined that there TABLE 5' -REQUIRED ALTERNATIVE COM- treatment train (in the example given, is ampre: capacity available to treat the sludge would require de-watering MERCIAL TREATMENT/RECYCLING CA- these wastes (approximately 246 million and possibly other types of treatment gallons). Thus, EPA does not propose to PACITY FOR FIRST THIRD WASTES PRO- before the residuals could undergo POSED APRIL 8, 1988 grant a capacity variance for K015, K083, incineration). EPA has assumed that the' or K086 wastes. residuals in such cases will be treated [Million gallons/year] Solid/Sludge Incineration Capacity. using alternative technologies prior to EPA estimates that about 157 million Waste code Required' land disposal and, therefore, EPA has capacity assigned the total volumes reported to gallons per year of First Third wastes appropriate technologies. See the would require solid/sludge incineration K004 ...... 0.0 Capacity Background Document for a capacity as a result of the treatment K008 ...... 0.0 standards proposed today and on April K015 ...... 0.0 complete description of the alternative K016 ...... 0.3 treatment technologies and treatment 8, 1988. Treatment standards for the K018 ...... 0.0 trains that were included in the analysis. wastes K001, K016, K019, K020,K022, K019 ...... 0.1 K024, K030, K037, K048-K052, K087, K101 K020 ...... <0.1 K024 ...... 0.2 TABLE 6.-ALTERNATIVE COMMERCIAL and K102 are based on solid/sludge K030 ...... <0.1 TREATMENT/RECYCLING CAPACITY FOR incinerationm K036 ...... 0.0 FIRST THIRD WASTES U3ng-the; new TSDR Survey data, the K037 ...... <0.1 Agency has evaluated commercial K048 ...... 37.1 (Million gallons per year] K049 ...... 31.7 capacity and has determined that there K050 ...... 11.5 is only about 7 million gallons of solid/ Technology Available Required K051 ...... 78.0 sludge incineration capacity available. K052 ...... 12.3 Therefore, EPA proposes to grant a two- K061: ...... 82.8 Incineration: K062 ...... 40:3 Liquids ...... <1 year national, capacity variance from the K069 ...... 0.0 Solid/sludge ...... '157 (5) effective date for the wastes K048-K052. K071,. - 3.9 Stabilization ...... 145 The total volume for these wastes <1 K073 ...... 0.0 Mercury retorting' ...... dominates the analysis. If they are K100 ...... 0.0 High temperature K103 ...... 0.1 metals recovery ...... 83 granted a variance, all of the remaining

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17610 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules wastes in this treatability group may be Agency does not propose to grant a residuals exhibit no other characteristic. treated. capacity variance for K062. Therefore, no K044, K045, or K047 would As explained previously, Sludge Treatment. EPA estimates that require alternative commercial capacity contaminated soil and debris wastes are about four million gallons per year of and no further analysis is necessary. not included in this section of the First Third wastes would require sludge Proposed treatment standards for the preamble, but are discussed in section treatment as a result of the treatment First Third waste K099 are based on III.F. However, note that this discussion standards proposed today and on April chlorine oxidation. The Agency has of incineration capacity demonstrates 8, 1988. Treatment standards for the determined that this waste is only being that there is insufficient commercially waste K071 are based on sludge. generated at one facility, and that the available treatment capacity for certain treatment (acid leaching, chemical generator is able to treat the waste on- contaminated soils that would require oxidation, and sulfide precipitation and site. Therefore, no volumes were solids incineration to comply with the filtration). reported as requiring alternative land disposal restriction standards. After analyzing the new TSDR Survey commercial capacity and no further Stabilization.EPA estimates that data, the Agency has determined that analysis is necessary. about 145 million gallons per year of there is not enough treatment capacity Proposed treatment standards for the First Third wastes would require commercially available to treat K071. First Third waste K015 are based on stabilization capacity as a result of the Therefore, EPA proposes to grant a 2- liquid incineration and standards for treatment standards proposed today and year national capacity variance from the waste K018 are based on solid/sludge on April 8, 1988. Treatment standards ban effective date to K071. incineration. However, after analyzing for the wastes F006 and K046 are based Wastes for Which Treatment the new TSDR Survey'data EPA has on stabilization. Standards Are Based on Solvent determined that neither of these wastes Using the new TSDR survey data, the Recovery or Solvent Extraction. requires alternative treatment capacity. Agency has evaluated commercial Proposed treatment standards for the There are several possible explanations capacity and has determined that there wastes K103 and K104 are based on for this,. First, it is possible that all of is more than enough capacity available solvent recovery. BDAT for K103 is these wastes now being generated are to treat these wastes (approximately 427 solvent extraction, followed by steam being treated on-site, and do not'require million gallons). Therefore, the Agency stripping, followed by carbon commercial capacity. Second, it is by carbon does not propose to grant a capacity adsorption, followed possible that these wastes are simply variance to wastes for which treatment regeneration. BDAT for K104 is solvent not being land disposed or are being standards are based on stabilization. extraction followed by liquid land disposed by a method either not Mercury Retorting and High incineration and followed by steam covered in the TSDR Survey or not Temperature Metals Recovery. EPA stripping, followed by carbon included in the proposed rule (e.g., the estimates that less than one million adsorption, followed by carbon wastes may be land disposed-in an gallons of First Third wastes would regeneration. underground mine or may be deep-well require mercury retorting and about 83 Using the new TSaR Survey data, injected). Finally, the waste may not million gallons would require high EPA has determined that the only have required alternative capacity in temperature metals recovery capacity volumes of these wastes that require per year as a result of the treatment alternative commercial capacity are 1986, the reporting date covered by the TSDR Survey. standards proposed today and on April those not amenable to solvent. recovery 8, 1988. Treatment standards for the or solvent extraction because of their Proposed treatment standards for the wastes K061 and K106 are based on high physical forms. Therefore, the Agency First Third waste K069 are based on temperature metals recovery and has assumed that the K103 and K104 total recycle; this waste cannot be land mercury retorting, respectively. wastes requiring alternative treatment disposed. Available information shows Using the new TSDR survey data, the will undergo incineration, followed by that all K069 wastes currently being Agency has evaluated commercial stabilization of the ash. Again, the generated are-now being recycled and capacity and has determined that there Agency believes that this treatment can that no land disposal is occurring. Thus, is not enough capacity available to treat achieve the standard and the volumes of this waste does not require alternative KO61 or K106. Therefore, EPA proposes K103 and K104 requiring alternative capacity. to grant a 2-year national capacity treatment have been included in the The Agency has determined that variance from the ban effective date for incineration and stabilization totals several First Third wastes are no longer. these wastes. presented in Table 6. being generated. The treatment Wastewater Treatment. EPA Wastes Not Requiting Alternative standards for these wastes are "no land estimates that less than 43 million Capacity.After reviewing the new disposal." These wastes are: K021, K025, gallons per year of First Third waste TSDR Survey, EPA has determined that K060, K004, K008, K036, K073, and K100. would require various types of many First Third wastes do not requir6 Since none of these wastes were wastewater treatment as a result of the alternative capacity, even though reported as being land disposed in the treatment standards proposed today and treatment standards are being proposed. TSDR Survey, no further capacity on April 8, 1988. (See Table 6 for These wastes are: K021, K025, K044, analysis was required. descriptions of the various types of K045, K047, K060, K099, K004, K008, Finally, EPA notes that these new wastewater treatment.) Treatment K015, K018, K036, K069, K073, and K100. TSDR data have implications for soft standards for the waste K062 are based *Each of these is discussed below. hammer certifications. EPA will be very on wastewater treatment (chromium Proposed treatment standards for skeptical about and will probably reduction, chemical precipitation and K044, K045 and K047 wastes are based invalidate any soft hammer certification filtration). on open detonation, for which there is for a waste amenable to treatmentby a Using the new TSDR survey data, the no capacity constraint provided the treatment method for which ample Agency has evaluated commercial residuals are not hazardous. The capacity is now known to exist. capacity and has determined that there Agency believes that when open Examples are any waste Amenable to is adequate capacity available for detonation is properly conducted, no liquid injection incineration or to wastewater treatment. Therefore, the reactive residues remain and the stabilization.

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17611

E. Alternative Capacityand Effective has been extended for.the maximum F005) and dioxin-containing (F020-23 Dates for Solvent Wastes and California two years. EPA does not find this and F026-28) wastes (restricted under List Wastes argument persuasive. First, sections 3004 section 3004(e)) from a response action Using the new capacity data, EPA has (d)(3) and (e)(3) appear to establish a taken under CERCLA section 104 or 106 reevaluated waste volumes requiring November 8, 1988 effective date for a or a RCRA corrective action; (b) soils alternative capacity because of the particular category of wastes, namely contaminated with California list HOC Solvents Rule (51 FR 40572) and the contaminated soil and debris from wastes (under 3004(d)) from a response California List HOC rule (52 FR 25760). CERCLA response actions and RCRA action taken under CERCLA section 104 As described above, the new analysis corrective actions. Section 3004(h)(2) or 106 or RCRA corrective actions; and indicated significant changes in waste then gives the Agency the authority to (c) soils contaminated with certain First management practices and capacity, extend effective dates that otherwise would apply under subsection (d) or (e) Third wastes for which the proposed including significant increases in treatment standards are based on for up to two years. The scheme, in fact, incineration capacity. Consequently, incineration. (This final capacity some national capacity variances are no is similar to that for solvent, dioxin and California list wastes land disposed by variance does not apply exclusively to longer necessary. Specifically, capacity soils from CERCLA response and RCRA variances are no longer needed for: (1) underground injection, which are prohibited from land disposal on August corrective actions. This is because there Solvents (F001-F005) generated by small is no statutory distinction as to effective quantity generators, CERCLA response 8, 1988 (RCRA section 3004(f)), which date between CERCLA/RCRA 3004(g) action and RCRA corrective action sites effective date likewise may be extended addressed in § 268.30(a) (1) and (2) - due to a lack of protective alternative soils and all other soils as there is for (except solvent contaminated soils) and capacity for up to two years. 3004 (d) and (e) soils.) The applicable for (2) California List HOCs (except Second, it is logical that Congress First Third wastes include K015, K016, HOC soils). The BDAT treatment for would have intended a later effective K018, K019, K020, K024, K030, K037, and these wastes is incineration, and the date for these wastes. An extra measure K048-K052 wastes addressed in the new capacity data indicate significant of environmental protection and April 8, 1988 proposed rule (53 FR increases in incineration capacity, accountability is afforded for these 11742), and K001, K083, K087, K101 and assuring adequate capacity for these wastes due to the CERCLA and RCRA K102 wastes addressed in this proposal. wastes (See Table 6). corrective action processes. These Today's action proposes a 2-year F. National VarianceFrom the Effective processes provide a documented national capacity variance from the connection with a regulatory process. applicable statutory effective date for Date for ContaminatedSoils Such a connection is not present for these wastes. As such, the soils 1. Legal Authority normal disposal of restricted wastes, contaminated with the specified First and thus makes less pressing the need Third wastes would receive a variance Under RCRA sections 3004 (d)(3) and for an immediate prohibition effective (e)(3), Congress provided that the land that extends the effective date for the date. Most important, however, is land disposal restrictions to August 8, disposal restriction provisions for Congress' evident acknowledgment that disposal of certain "contaminated soil" it would take extra time to develop 1990. On the other hand, CERCLA and and "debris" from CERCLA 104 and 106 treatment capacity for soils and debris RCRA soils contaminated with spent response actions and from RCRA at the cleanup sites contaminated with solvent, certain listed dioxin-containing corrective actions would not apply until these wastes. Foreseeing this potential wastes and California list HOC wastes 48 months from the enactment of shortfall, Congress placed. these wastes would be covered by the capacity HSWA. These provisions apply on an alternative schedule variance until November 8, 1990-two specifically to soil and debris approximately the same as the one for years from the end of the statutory contaminated with spent solvents, the first group of wastes prohibited effective date applicable to these certain dioxin-containing wastes, and under section 3004(g). Restricted wastes. The following chart summarizes California list restricted hazardous hazardous wastes are normally the Agency's proposal: wastes. November 8, 1988, therefore, is prohibited from land disposal as soon as the applicable effective date established the statutory deadline passes. (RCRA SUMMARY OF CURRENT AND PROPOSED under RCRA 3004 subsections (d)(3) and section 3004(h)(1)). If, however, there is EFFECTIVE DATES (e)(3) for CERCLA and RCRA corrective a lack of adequate alternative protective action .contaminated soil and debris. treatment, recovery, or disposal Current Proposed Congress provided no such alternative capacity to treat the wastes, the Agency Restricted hazardous prohibition prohibition statutory effective date for CERCLA and waste effective effective may set an alternative effective date date date RCRA soil and debris contaminated based on the earliest date on which such with First Third (or Second Third) adequate capacity becomes available, I. Solvent and dioxin- wastes. Thus, the statutory effective not to exceed two years. (RCRA section containing soil and date for these wastes is the same as for 3004(h)(2)). debris: any other hazardous waste which is a. Soil from CERCLA included in the first one-third of the 2. Summary of the Proposed Agency or RCRA corrective actions schedule-August 8, 1988. Action contaminated with EPA has considered carefully the In today's action, the Agency is section 3004(e) argument that the statutory effective solvent or dioxin proposing to grant a national capacity hazardous waste..... 11-8-88 11-8-90 date for solvent, dioxin, and HOC variance for certain contaminated soils b. Debris from contaminated soils and debris from that require solids incineration capacity. CERCLA or RCRA CERCLA response action and RCRA This variance applies to the following corrective actions corrective actions cannot be extended contaminated with specific categories of soils contarhinated section 3004(e) because the national effective date for with the following wastes: (a) Soils solvent or dioxin the underlying hazardous waste already contaminated with spent solvent (FOOl- hazardous waste. 11-8-88 No change.'

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17612 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

SUMMARY OF CURRENT AND PROPOSED with First Third waste for which for several reasons. First, it would be EFFECTIVE DATES-Continued treatment standards have not been hard, if not impossible, to carve out a established (i.e., those wastes subject to discrete segment of contaminated clean Current Proposed. the "soft hammer" provisions). As a up soils to fit the available treatment Restricted hazardous prohibition prohibition waste effective eftectrve general matter, EPA is not proposing capacity. More importantly, the precise date date capacity variances for any soft hammer amount of CERCLA and RCRA wastes. This is because the soft hammer corrective action soils to be generated c. Soil NOT from itself provides a mechanism for over the next 24 months is not certain CERCLA or RCRA ascertaining availability of treatment (due to the unpredictable pace of clean corrective actions capacity (for wastes whose intended up actions), whereas the amount of the contaminated with section 3004(e) disposition is a landfill or other surface disposal wastes discussed solvent or dioxin impoundment), by placing the burden of above that require solids incineration hazardous waste. 11-8-88 No change. investigating and certifying-on the capacity is much better quantified. By It. Soil and debris person managing the prohibited waste. rescinding, or not proposing, variances contaminated with California list HOC 3. The Facts Justifying a National for the wastes whosq volume is better containing quantified, EPA is far more certain that hazardous wastes: Capacity Variance for These Soils the existing treatment capacity will a. Soil from CERCLA Soils require rotary kiln incineration actually be utilized. That is, EPA will or,RCRA ,corrective actions 7-8-89 11-8-90 to meet BDAT standards. As mentioned not be reserving scarce solids . b. Debris from in the section on capacity incineration capacity for contaminated CERCLA or RCRA determinations (specifically III.D.4.], the soils that might never be generated. EPA corrective actions-.. 7-8-89 No change.' evaluation of commercial rotary kiln thus is structuring these proposed c. Soil NOT from CERCLA or RCRA incineration capacity required for solids variances to make certain that scarce corrective actions 7-8-89 No change.' incineration, shows that there is only solids incineration capacity will actually Ill.Soil and debris about 2 million gallons of available be utilized. contaminated with commercial capacity (i.e., available after This is not to say that EPA will First Third wastes: the.effective dates for the non-soil a. Soil from CERCLA invariably allocate treatment capacity to or RCRA solvents wastes, the non-soil California prohibited wastes whose generation rate corrective actions list HOC wastes and non-soil First Third is qualified. For example, if the Agency for which BDAT is wastes. were required to allocate between based on The amount of soil estimated to incineration...... 8-8-88 8-8-90 corrective action/response wastes and b. Debris from require solids incineration is shown wastes presently disposed of in CERCLA or RCRA below (These amounts represent the underground injection wells or surface corrective actions.... 8-8-88 No change.' quantity of soils handled by commercial units other.than impoundments and c. Soil NOT from treatment facilities in 1986. Note, that CERCLA or RCRA landfills, the Agency might choose to corrective actions the amount of soils requiring solids allocate the capacity to the corrective for which BDAT is incineration that are generated hy action/response wastes, given that they based on CERCLA response or RCRA corrective are customarily generated at sites incineration ...... 8-8-88 8-8-90 actions is not currently known.): actually posing a risk. EPA plans to 'However, see section F.4. of todays preamble. • Solvent-12 million gal/yr. discuss-this point further in regulations * Dioxin-none reported in 1986) dealing with First Third wastes that are With respect to soils contaminated * California List HOC's (other than 'injected into underground wells. with spent solvent and dioxin- First Third wastes for which treatment containing wastes, only those that result standards have been proposed)-4 4. Request for Comment on Variance for from a response action taken under million gal/yr. Contaminated Debris section 104 or 106 of CERCLA or a * First Third (for which treatment EPA is not proposing to grant a corrective action required under RCRA standards have been proposed}-10 capacity variance for contaminated would be included under this capacity million gal/yr. debris. Debris encompasses so many variance. For all other soils Thus, all of the solids incineration different types of materials-many of contaminated with these wastes, an capacity would be utilized as a result of them highly out of-the-ordinary-that application for a case-by-case extension other actions taken today, and there will generic determinations as to type of may be submitted if adequate be a lack of capacity for soils treatment needed, and amount alternative capacity cannot reasonably incineration. generated, are difficult. be made available by the applicable EPA acknowledges that in proposing a EPA, however, solicits comment on effective date. (See section 3004(h)(3).). national capacity variance for . whether a variance for contaminated Siqiilarly, the proposed variance does contaminated soils, it is making a policy debris should be granted. Such a not apply to California list HOC choice. That is, instead of proposing to variance would apply to all debris from contaminated soils except those rescind the variance for other HOC and CERCLA response actions and RCRA resulting from a CERCLA 104 or 106 solvent wastes requiring solids corrective actions which is response action or RCRA corrective incineration, and not proposing a contaminated with solvents, certain action. Note that even though today's variance for certain First Third wastes dioxins or HOCs above 1,000 ppm. It action proposes to rescind parts of the requiring this type of treatment, EPA would also apply to debris July 8, 1987 variances granted for HOCs, instead could try and carve out some contaminated with first third wastes the existing capacity variance remains segment of CERCLA and RCRA whose treatment standard is based on in place until July 8, 1989 for California, corrective action soils for immediate incineration. Although it is difficult to list HOC contaminated soils. prohibition (leaving in place, or pinpoint exactly how much debris will Furthermore, the proposed variance proposing a variance for these other be generated, much of it will be solids does not apply-to soils contaminated. * waste). EPA.is not pursuing this course (see 51 FR 40577, November 7, 1986)

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17613 defining "debris" to include "wood, treatment capacity exists for these requirements. (See 53 FR 11769 (April 8, stumps, clothing, equipment, building wastes, and in addition, they are 1988)). materials, storage containers, and sludges, not soils. In addition, The Agency is proposing to make liners"). The treatment standard for contaminated soils would ordinarily similar changes in § § 268.31, 268.32, and these solids will be based on- have to result from some type of cleanup 268.33 (this last provision still is incineration, and as noted above, EPA activity not associated with a hazardous proposed form) to reflect the proposed, has allotted available solids incineration waste management unit currently revised effective dates. The language in capacity for wastes other than soils and subject to regulations under Parts 264 § 268.33(c) would indicate that the 1990 debris. Put another way, if there is not and 265. effective date would apply to all soils enough solids incineration capacity to The Agency also notes that the contaminated with First Third wastes accommodate contaminated soils, there proposed variance obviously would not where the treatment standard for the also is not enough solids incineration apply to materials produced as a result waste is based on incineration. capacity to accommodate both of the deliberate addition of soil or dirt Appendix II of Part 268 will list the contaminated soils plus contaminated to a restricted hazardous waste. Such a technology basis for treatment debris. In addition, Congress linked practice is forbidden by the provisions standards, and so provide a ready contaminated soils and debris when it of the dilution prohibition (40 CFR means of ascertaining which standards established a different effective date for 268.3). are based on incineration. these wastes in sections 3004 (d)(3) and 7. Notes on Drafting of the Regulatory IV. Modifications to the Land Disposal (e)(3). EPA thus solicits comment on Language extending the scope of the variance to Restrictions Framework and to Proposed include contaminated debris. To implement these changes in the Soft Hammer Provisions various capacity variances, EPA is 5. No Proposed Variance for Other proposing to amend regulatory language A. Applicability (40 CFR 268.1) Contaminated Soils in.§ § 268.30-268.33. With respect to the The Agency is proposing to add a new EPA is not proposing a national solvent wastes covered in § 268.30, the § 268.1(d) to clarify that the Part 268 capacity variance for any of the Agency is proposing to add a new standards do not apply invariably to following hazardous wastes: (a) Soils § 268.30(a)(4) dealing with contaminated prohibited wastes generated from contaminated with solvents or dioxins soil and debris from CERCLA response CERCLA response actions. Rather, such which do not result from CERCLA and RCRA corrective actions. This wastes could be subject to one or more response actions or RCRA corrective provision would replace existing of the waivers from otherwise actions; and (b) soils contaminated with § 268.1(c)(3). New § 268.30(a)(5)-(7) applicable standards, which waivers are wastes whose treatment standard is not would then indicate that certain contained in CERCLA section 121(d)(4) based on incineration. (See chart: residues from treating solvent wastes (A)-(F). The same is true, of course, of Summary of Current and Proposed also would have prohibition effective all other RCRA provisions, but EPA Effective Dates). With respect to soils dates other then November 7, 1986. -believes it particularly important to that are not generated in the course of (Incidentally, we note that the final mention this with respect to Part 268 CERCLA or RCRA clean up activities, changes in new § 268.30(a)(5) refers by because there are regulatory provisions the applicable statutory effective date of cross-reference to treatment residues that deal explicitly with prohibited November 8, 1986 has already passed that have less than 1 percent solvent wastes from CERCLA response actions and cannot be extended further (any (treatment residues in the (a)(3) (see e.g. proposed §§ 268.30(a)(4) and person who manages such wastes may, treatability group) but not to 268.30(c)). however, submit an application for a contaminated soils; this is because the case-by-case extension to the effective contaminated soils in proposed R. Recordkeeping (40 CFR 268.7) date). With respect to contaminated § 268.30(a)(4) would never be generated soils not requiring incineration to as residues from treating another The November 7, 1986, rule (51 FR restricted solvent waste). 40572) established a tracking system for achieve the treatment standard, there is the land disposal ample treatment capacity (for example, New § 268.30(b) would then group all wastes subject to the solvent wastes having a November restrictions requiring treatment facilities stabilization) so that a capacity variance to have records of the notices received is not warranted. 8, 1988 prohibition effective date (the <1%wastes in § 268.30(a)(3), the from generators or other treatment 6. Definition of "Soil" treatment residues in proposed facilities, and disposal facilities to have For the purpose of determining § 268.30(a)(5), and CERCLA response copies of the notifications and whether a contaminated material is and RCRA corrective action debris, and certifications provided by generators or subject to this national variance, some residues from treating the debris). New treatment, storage and disposal facilities definition of the term "soil" is needed. § 268.30(c) would group the wastes as codified in 40 CFR 268.7. The April 8, Soil is defined as materials that are having an earlier effective date: i.e., 1988, notice (53 FR 11742) proposed to primarily geologic in origin such as silt, Small Quantity Generator, CERCLA modify the tracking system by having loam, or clay, and that are indigenous to response and RCRA corrective action storage facilities maintain files of the the natural geological environment. In non-soil and debris wastes and residues notices and certifications sent by certain cases soils will be mixed with from their treatment. New § 268.30(d) generators and treatment facilities. This liquids, sludges or debris. The Agency is would set forth the 1990 effective date proposal also developed a similar soliciting comment with respect to for CERCLA response and RCRA tracking system for wastes subject to appropriate methods for determining corrective action wastes. We also have the "soft hammer" provisions which whether such mixtures should be' added language indicating that if these would require generators and treatment, considered a soil waste. Soils ordinarily wastes are to be disposed in landfills or storage, and disposal facilities to keep do not include any wastes withdrawn impoundments until the prohibition records of the notices and 40 CFR 268.8 from hazardous waste management effective date then the landfill or demonstrations and certifications. units, however, such as impoundment impoundment unit must meet the section Today's notice proposes to further dredgings. EPA has calculated that 3004(o) minimum technology modify the tracking system to include in

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17614 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

40 CFR 268.7 (a)(1), (a](2), (a)(3), (a)(4), § 268.7 notices, certifications, and all certifications directly onto their and (a)(5) provisions stating that waste analysis data), the Agency manifests. The Agency does not intend generators and storers must retain believes that a finite time period may be to discourage the practice of putting this copies of the notifications and a more appropriate burden on § 268.7 documentation on the manifest certifications forwarded to treatment, generators, while preserving the to the extent that such practices comply storage, and disposal facilities and Agency's enforcement ability. Therefore, with State requirements. However, EPA received from storage facilities. The EPA is today proposing a 5-year is requesting comment on the generator Agency believes that these changes will limitation on the retention requirement record retention requirement proposed enhance the enforceability of the land for all records generators produce to in today's notice, including comment on disposal restrictions regulations and will comply with § 268.7 of the land disposal whether a finite period should be make generator and storage • restrictions. specified and, if so, whether five years recordkeeping requirements consistent Similar to the generator manifest or some other time period is appropriate. with the recordkeeping requirements of retention requirements in § 262.40, EPA C. National Variancefor Spent Solvent treatment and disposal facilities. is proposing that the 5-year time period Waste Residues (40 CFR 268.30) Today EPA is also proposing an would begin on the date that the additional amendment to 40 CFR restricted waste is sent to on-site or off- EPA is also proposing to make a 268.7(a)(3) specifying~that generators of site treatment, storage, or disposal. Also minor correction to 40 CFR 268.30(b) wastes which are the subject of case-by- similar to the § 262.40 manifest which will cross-reference rule language case extensions or national variances, provision, the 5-year retention in the July 8,1987, regulations (52 FR or disposers of wastes with "no requirement would be extended 25760). Under this rule the Agency migration" exemptions must notify automatically during the course of any added 40 CFR 268.30(a)(4) stating that 'treatment and storage facilities unresolved enforcement action residues from treating the wastes receiving the wastes, a change that regarding the regulated activity or as described in section 40 CFR 268.30(a) (1), supplements, and is consistent with, the requested by the Administrator. (2), and (3) are eligible for a two-year existing requirement to notify disposal Unlike the generator manifest variance from the effective date of the facilities. In addition, the Agency is requirements in § 262.42, which provide restrictions. EPA omitted, inadvertently, proposing that generators must retain that generators must submit an to cross-reference paragraph (a)(4) in 40 records of this notification. Exception Report to EPA if they have CFR 268.30(b). We are proposing to EPA is also proposing to add 40 CFR not received a signed copy of the correct the omission in this rule. EPA is 268.7(a)(5) to require generators to retain manifest from the designated owner or not soliciting further comment on 40 records of data from testing the waste, operator within 45 days from when the CFR 268.30(a)(4) or any other provision treatment residual, or extract of the waste is accepted by the initial in 40 CFR 268.30(a) which does not waste or treatment residual developed transporter, EPA is not proposing to address the rescission of the variance using the TCLP. The Agency believes create an exception reporting for solvent-containing wastes (with the that this addition to the regulations will requirement for § 268.7 generator exception of § 268.30(a)(3) on which establish consistency with the existing records. The Agency believes that an EPA has solicited comment; see 53 FR provisions requiring that data supporting additional exception reporting 11770). decisions to restrict wastes based on requirement would be an undue burden EPA is proposing the following minor knowledge of the wastes must be on generators. Instead, EPA believes changes to the provisions implementing maintained in the generator's files. that requiring generators to retain for a the section 3004(g)(6) soft hammer, Furthermore, this action appears to 5-year period the § 268.7 records they which EPA proposed on April 8, 1988. prodlice is a more reasonable enhance the enforceability of the D. Section 268.8(a)(3) regulations. EPA is requesting comment requirement, and that this would be on the proposed recordkeeping changes adequate to support the Agency's EPA is proposing a small change in explained in this section of the enforcement program. The Agency the language of proposed § 268.8(aj(3), preamble. recognizes that the proposed 5-year limit proposed at 53 FR 11788. The language EPA is also proposing to modify is unlike § 262.40, which requires should refer to landfills and surface § 268.7(a) to provide for a limitation on generators to maintain a copy of the impoundments rather than all land the time period that records are required manifest for a 3-year period (subject to disposal facilities, since the soft to be retained by generators. Although the automatic extension mentioned hammer, which proposed § 268.8(a)(3) the current regulations require owners above). EPA believes that a 5-year limit implements, restricts disposal only to and operators of facilities to maintain is an appropriate compromise to landfills and surface impoundments. imposing an additional exception § 268.7 records for a finite period of E. Section 268.8(b)(2) time, i.e., until closure of the facility (see reporting requirement, particularly in § § 264.73(b) and 265.73(b)), the light of the additional concerns We are proposing language identical regulations currently provide that Congress has expressed regarding the to that proposed on April 8, except that generators must maintain, for an proper management of wastes that are we would delete the final clause which indefinite period of time, all supporting prohibited from land disposal. However, would allow the Regional Administrator data used to determine that a waste is the Agency also solicits comment on the to require a given method of treatment restricted based solely on the need for a 5-year limit versus the usual upon invalidating a certification. The generator's knowledge. See existing 3-year limit. soft hammer does not appear to allow § 268.7(a)(4) (proposed to be EPA also recognizes that the proposed EPA to affirmatively specify a type of redesignated as § 268.7(a)(5) in today's 5-year retention requirement may, as a treatment. notice). In light of the indefinite time practical matter, result in a de facto F.Section 268.8(c) period stated in this existing change in the manifest retention requirement and today's proposal to requirement from three years to five We are also proposing a change in require generators to maintain years because many generators are proposed § 268.8(c) to indicate more additional information (i.e., copies of the putting the § 268.7 notices and clearly that prohibited soft hammer

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17615 wastes can be disposed of in . and (m)). Therefore, it will be added to States that submit official applications impoundments or landfills until the Table I in 40 CFR 271.1(j), which for final authorization less than 12 occurrence of the first of three events: identifies the Federal program months after the effective date of these (1) The certification is invalidated; (2) requirements that are promulgated regulations may be approved without EPA establishes a treatment standard; pursuant to HSWA and take effect in all including equivalent standards. or (3) the hard hammer falls. States, regardless of their authorization However, once authorized, a State must status. States may apply for either G. Section 268.33(g) modify its program to include standards interim or final authorization for the substantially equivalent or equivalent to We are proposing modified language HSWA provisions in Table 1, as EPA's within the time periods discussed to clarify a generator's testing • discussed in the following section. above. obligations when a treatment standard When this rule is promulgated, Table 2 The amendments being proposed specifies concentration levels in the in 40 CFR 271.1(j) will be modified also today need not affect the State's total waste versus the waste extract, to indicate that this rule is a self- Underground Injection Control (UIC) and also proposing to delete the final implementing provision of HSWA. primacy status. A State currently three words ("in this section") since this B. Effect on State Authorizations authorized to administer the UIC reference was overly restrictive program under the Safe Drinking Water (omitting reference to no migration As noted above, EPA will implement Act (SDWA) could continue to do so variances or treatability variances, to today's proposal in authorized States without seeking authority to administer maintain only two of the omissions). until their programs are modified to these amendments. However, a State adopt these rules and the modification is V. State Authority which wished to implement Part 148 and approved.by EPA. Because the rule'is receive promulgated pursuant to authorization to grant A. Applicability of Rules in Authorized HSWA, a State exemptions from the land disposal 'States submitting a program modification may apply to receive either interim or final restrictions would have to demonstrate Under section 3006 of RCRA, EPA that it had the requisite authority to authorization under RCRA section administer may authorize qualified States to 3006(g)(2) or 3006(b), respectively, on the section 3 004 (f) and (g) of administer and enforce the RCRA basis of requirements that are RCRA. The conditions under which such program within the State. Following substantially equivalent or equivalent to an authorization may take place are authorization, EPA retains enforcement EPA's. .The procedures and schedule for summarized below and are discussed in authority under sections 3008, 3013, and State program modifications for either 50 FR 28728, et seq., July 15, 1985. 7003 of RCRA, although authorized interim or final authorization are C. State Implementation States have primary enforcement described in 40 CFR 271.21. It should be responsibility. The standards and noted that HSWA interim authorization The following four aspects of the requirements for authorization are found will expire on January 1, 1993 (see 40 framework established in the November in 40 CFR Part 271. CFR 271.24(c)). 7, 1986, rule (51 FR 405721 affect State Prior to HSWA, a State with final Section 271.21(e)(2) requires that implementation of today's proposal and authorization administered its States that have final authorization must impact State actions on the regulated hazardous waste program in lieu of EPA modify their programs to reflect Federal community: administering the federal program in program changes and must subsequently 1. Under Part 268, Subpart C, EPA is that State. The Federal requirements no submit the modification to EPA for proposing land disposal restrictions for longer applied in the authorized State, approval. State program modifications all generators, treaters, storers, and and EPA could not issue permits for any must be made by July 1, 1991, if only disposers of certain types of hazardous facilities that the State was authorized regulatory changes are necessary or July waste. In order to retain authorization, to permit. When new, more stringent 1, 1992, if statutory changes are States must adopt the regulations under Federal requirements were promulgated necessary. These deadlines can be this Subpart since State requirements or enacted, the State was obliged to extended in exceptional cases (see can be no less stringent than Federal enact equivalent authority within § 271.21(e)(3)). requirements. specified time frames. New Federal States with authorized RCRA 2. Also under Part 268, EPA is requirements did not take effect in an programs may have requirements proposing to grant and rescind two-year authorized'State until the State adopted similar to-those in today's proposal. national variances from the effective the requirements as State law. These State regulations have not been dates of the land disposal restrictions In contrast, under RCRA section assessed against the Federal regulations based on an analysis of available 3006(g) (42 U.S.C. 6926(g)), new being proposed today to determine alternative treatment, recovery, or requirements and prohibitions imposed whether they meet the tests for disposal capacity. Under § 268.5, case- by HSWA take effect in authorized authorization. Thus, a State is not by-case extensions of up to one year States at the same time that they take authorized to implement these (renewable for one additional year) may effect in nonauthorized States. EPA is. requirements in lieu of EPA until the be granted for specific applicants directed to carry out these requirements State program modification is approved. lacking adequate capacity. and prohibitions in authorized States, Of course, States with existing The Administrator of EPA is solely including the issuance of permits, until standards may continue to administer responsible for granting variances to the the State is granted authorization to do and enforce their standards as a matter effective dates because these so. While States must still adopt of State law. In implementing the determinations must be made on a HSWA-related provisions as State law Federal program, EPA will work with national basis. In addition, it is clear to retain final authorization, HSWA States under agreements to minimize that RCRA section 3004(h)(3) intends for applies in authorized States in the duplication of efforts. In many cases, the Administrator to grant case-by-case interim. EPA will be able to defer to the States in extensions after consulting the affected Today's rule is proposed pursuant to their efforts to implement their programs States, on the basis of national concerns sections 3004 (d) through (k), and (m), of rather than take separate actions under which only the Administrator can RCRA (42 U.S.C. 6924 (d) through (k), Federal authority. evaluate. Therefore, States cannot be

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17616 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

authorized for this aspect of the VI. Effect of the Land Disposal permits can be issued for ocean program. Restrictions Program on Other disposal. Environmental Programs 3. Under § 268.44, the Agency may C. Air Emissions Regulated Under the grant waste-specific variances from A. DischargesRegulated Under the Clean Air Act treatment standards in cases where it Clean Water Act can be demonstrated that the physical Some treatment technologies and/or chemical properties of the As a result of the land disposal applicable to First Third wastes could restrictions program, wastes differ significantly from wastes some generators result in cross-media transfer of might switch from land disposal of analyzed hazardous constituents to air. For in developing the treatment restricted First Third wastes to standards, and the wastes cannot be example, incineration of metal-bearing discharge to publicly-owned treatment wastes could result in metal emissions treated to specified levels or treated by works (POTWs) in order to avoid specified methods. to air. Some constituents, such as incurring the costs of alternative chromium, can be more toxic if inhaled The Agency is solely responsible for treatment. In shifting from land disposal than if ingested. Therefore, it might be granting such variances since the result to discharge to POTWs, an increase in necessary to issue regulatory controls of such an action will be the human and environmental risks could for some technologies to ensure they are. establishment of new waste treatability occur. Also as a result of the land operated properly. groups. All wastes meeting the criteria disposal restrictions, hazardous waste The Agency has taken several steps to of these new waste treatability groups generators might illegally discharge their address this issue. EPA has initiated a will also be subject to the variances, wastes to surface waters without program to address metal emissions and thus, granting such variances has treatment, which could cause damage to from incinerators. It has also initiated national impacts. Therefore, this aspect the local ecosystem and potentially pose two programs under sedtion 3004(n) to of the program is not delegated to the health risks from direct exposure or address air emissions from other States. I bioaccumulation. Some generators might treat their sources. The first program will address 4. Under § 268.6, EPA may grant wastes prior to discharging to a POTW, fugitive emissions from equipment such as pumps, valves, petitions of specific duration to allow but the treatment step itself could and vents from units land disposal of certain hazardous increase risks to the environment. For processing concentrated organic waste wastes where it can be demonstrated example, if incineration were the streams. The second program will that there will be no migration of pretreatment step, metals and other address other sources of air emissions, hazardous constituents for as long as hazardous constituents present in air such as tanks and waste transfer and the waste remains hazardous. scrubber waters could be discharged to handling. States which have the authority to surface waters. However, the amount of VII. Regulatory Requirements First Third waste shifted to POTWs impose restrictions may be authorized A. Regulatory Impact Analysis under RCRA section 3006 to grant would be limited by such factors as the petitions for exemptions from the physical form of the waste, the degree of 1. Purpose restrictions. Decisions on site-specific pretreatment required prior to discharge, and State and local regulations. The Agency estimated the costs, petitions do not require the national benefits, and economic impacts of perspective required to restrict wastes B. DischargesRegulated Under the today's proposed rule. These estimates or grant extensions. However, the Marine Protection,Research, and are required for "major" regulations as Agency is planning to propose an SanctuariesAct (MPRSA) defined by Executive Order 12291. The interpretation of the "no migration" Management of some First Third Agency is also required under the language in the Federal Register for wastes could be shifted from land Regulatory Flexibility Act to assess public comment. Because of the disposal to ocean dumping and ocean- small business impacts resulting from controversy surrounding the based incineration. If the cost of ocean- the proposed rule. The cost and interpretation of the statutory language, based disposal plus transportation were economic impact estimates serve, and the potential for changes in policy, lower than the cost of land-based additionally, as measures of the EPA will be handling "no migration" treatment, disposal, and transportation; practical capability of facilities to petitions at Headquarters, though the this option could become an attractive comply with the proposed rule. States may be authorized to grant these alternative. In addition, ocean-based The results indicate that today's petitions in the future. The Agency disposal could become attractive to the supplementary proposed rule is not a expects to gain valuable experience and regulated community if land-based major rule. (However, in combination information from review of "no treatment were not available. with the previous proposal (April 8, migration" petitions which may affect Although there may be economic 1988; 53 FR 11742), the rule is a major future land disposal restrictions incentives to manage restricted First rule.) This section of the preamble rulemakings. In accordance with RCRA Third wastes by ocean dumping and discusses the results of'the analyses of section 3004(i), EPA will publish notice ocean-based incineration, both the proposed rule as detailed in the draft technologies require permits, which of the Agency's final decision on Regulatory Impact Analysis (RIA) for could be issued the proposed rule. petitions in the Federal Register. only if technical The draft RIA is requirements (e.g., physical form and available in the public docket. States are free to impose their own heating value) and MPRSA The analyses presented in this section disposal restrictions if such actions are environmental criteria (e.g., constituent and in the draft RIA do not fully reflect more stringent or broader in scope than concentrations, toxicity, solubility, the current status of the proposed rule. - 'the actions of Federal programs (RCRA density, and persistence] were met. Certain wastes were included in the section 3009 and 40 CFR 271.1(i)). Where MPRSA requires that nine specific RIA, but due to the additional time States impose such restrictions, the factors, including the availability and required to set treatment standards for broader and more stringent State impacts of land-based disposal the wastes, were not part of the restrictions govern. alternatives, be considered before proposed rule. In addition, treatment

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules V7617 standards were set in the proposed rule and facilities potentially affected by the e Non-commercial TSDFs, which for certain wastes which did not appear proposed rule. Waste quantities and provide disposal services for wastes in the database used for the RIA and numbers of facilities from each survey generated on-site or off-site by their which were therefore nit analyzed. were scaled up, by means of weighting parent firms; These discrepancies will be addressed factors, to represent the national * Generators, which send their waste in the RIA for the First Third final rule. population of wastes and facilities. off-site to commercial TSDFs.for 2. Executive Order No. 12291 . Next, it was necessary to adjust the disposal; and affected waste and facility populations * Small quantity generators (SQGs), Executive Order 12291 requires EPA by considering the cost of compliance which send their waste off-site to to assess the effect of proposed Agency with regulations which have taken effect commercial TSDFs. actions and alternatives during the since the 1981 RIA Mail Survey was b. Cost Methodology. Once waste development of regulations. Such an conducted. In particular, EPA adjusted quantity, type and method of treatment assessment consists of a quantification reported waste management practices to were known for the population of of the potential benefits and costs of the reflect compliance with the provisions of affected facilities, EPA developed rule, as well as a description of any 40 CFR Part 264, which apply to estimates of costs of compliance for beneficial or adverse effects that cannot permitted treatment, storage, and individual facilities, based on cost be quantified in monetary terms. In disposal facilities. Ifmaking this estimates for surveyed facilities addition, Executive Order No. 12291 adjustment, the Agency assumed that representing the affected population. requires that regulatory agencies facilities would elect the least costly EPA estimated baseline and compliance prepare a Regulatory Impact Analysis methods of compliance. waste management costs using (RIA) for major rules. Major rules are This adjustment defines not only engineering judgment. Wastes defined as those likely to result in: baseline management practices and amendable to similar types of treatment o An annual cost to the economy of costs associated with them, but also the were grouped to identify economies of $100 million or more; or number of facilities and wastes streams scale available through co-treatment o A major increase in costs or prices in the affected population. For example, for consumers or individual and disposal. industries; for some facilities, the costs of land Facilities face several possible options or * Significant adverse effects on disposing certain wastes may have been if they may no longer land dispose of competition, employment, investment, driven so high by the minimum their wastes. EPA applied the same innovation, or international trade. technological requirements that other rationale in predicting facility choice The Agency has prepared an RIA and management modes became less among these options as it did in has concluded that the supplementary expensive. EPA assumes that these establishing the affected population: proposed rule is not a major rule. The facilities no longer land dispose these Facilities were assumed to elect the annual cost to the economy of the wastes and that these wastes are no least costly method of complying with supplementary proposed rule would be longer part of the population of wastes the requirements of this rule. Costs of approximately $36 million. (However, in that may be affected by any restrictions compliance were derived by predicting combination with the previous proposal on land disposal. the minimum-cost method of compliance (April 8, 1988, 53 FR 11742), the rule Finally, it was necessary to consider with land disposal restrictions for each would be a major itule with an annual the overlap between First Third wastes facility and calculating the increment cost of $717-732 million.) and California list, solvent, and dioxin between that and baseline disposal wastes. A number of First Third wastes costs. As in the analysis of baseline 3. Basic Approach are California list wastes, and a few costs, economies of scale in waste EPA is proposing to set treatment First Third mixed wastes contain management were considered. Shipping standards for a subset of the First Third solvents and dioxins. To isolate the costs for wastes sent off-site for F and K wastes. The effects of the impacts of this proposed rule, it was management.were also considered. proposed rule were estimated by necessary to "net out" the costs, EPA developed facility-specific comparison of post-regulatory costs, economic impacts, and benefits compliance costs in two components, benefits, and economic impacts with stemming from treatment standards which were weighted and then summed those resulting under baseline established under other rules; in some to estimate total national costs of the conditions. The baseline is defined to be cases this resulted in waste streams and rule. The first component of the total continued land disposal of wastes in facilities being dropped from the compliance cost is incurred annually for units meeting minimum technological affected population for this rule. operation and maintenance (0 & M) of requirements. The population of wastes which alternative modes of waste treatment would be affected by the proposed rule and disposal. The second component of 4. Methodology may include some wastes from CERCLA the compliance cost is a capital cost a. Determinationof Affected responses or RCRA corrective actions. which is an initial facility outlay Populationand Waste Management However, there are insufficient data at incurred for construction and Practices.The first step in determining present to estimate these quantities. depreciable assets. Capital costs were the populations of affected wastes and Underground injected wastes were restated as annual values by using a facilities was to characterize waste excluded from this analysis; these capital recovery factor based on a streams based on available wastes will be dealt with in the RIA for nominal interest rate of nine percent. characterization reports and a separate rule. These annualized capital costs were professional judgement. (See Section C The population of affected facilities then added to yearly-O & M costs to for references.) This characterization may include: derive an annual compliance cost. data was matched with information on * Commercial hazardous waste c. Economic Impact Methodology-(1) waste quantities and management treatment, storage, and disposal Non-Commercial TSDFs and SQGs. EPA practices from the 1981 RIA Mail Survey facilities (commercial TSDFs), which assessed economic impacts on non- and the 1984 Small Quantity Generator charge a fee for hazardous waste commercial TSDFs and SQGs in several Survey to determine the waste streams disposal; steps. First, the Agency employed a

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17618 i general screening analysis to compare to retain or expand that portion of its and ingestion of ground water, surface facility-specific incremental costs to business generated by restricted wastes. water, and contaminated fish. A 65 financial information for firms, (3)-Generators.EPA's analysis of the kilogram person ivas assumed to be disaggregated by Standard Industrial economic effects of this rule on continuously exposed to contaminated Classification (SIC) and number of generators disposing of large quantities media over a 70-year lifetime. employees per facility. (See Section C of affected wastes off-site assumed that The Agency next calculated the risk to for refererices.) This comparison was commercial facilities could entirely pass an individual from the dose derived in based on two ratios, which were used to on to them the costs of compliance with the previous step. EPA estimated the identify facilities likely to experience this regulation in the form of higher relationship of dose to effect (using a adverse economic effects. The first is a prices for waste management services. "dose-response" curve developed based ratio of individual facility compliance Because of data limitations in the RIA on toxicity data) and weighted the effect costs to costs of production. This ratio Mail Survey, EPA did not develop plant- according to severity. represents the percent product price specific waste characterizations, Finally, EPA estimated the population increase for facility output that occurs if treatment methods, and compliance risk by multiplying the average the entire compliance cost- costs for generators, as it did for TSDFs. individual risk by the number of people accompanied by facility profit-is The analysis of the economic effects of in a given environment. The whole passed through to customers in the form today's proposed rule on this group used process described above was repeated of higher prices. A change exceeding RIA Mail Survey data to develop model 2,000 times, using different population five percent is considered to imply a plants generating average waste sizes and environmental settings drawn substantial adverse economic effect on a quantities. This allowed EPA to assess from representative distributions, to facility. The second is a coverage ratio possible effects on generating plants. generate a population risk distribution relating cash from operations to costs of d. Benefits Methodology. The benefits for each waste-technology combination. compliance. This ratio represents the of today's proposed rule were evaluated The mean of the distribution for the number of times that facility gross by considering the reduction in human. baseline disposal technology was margin covers the regulatory compliance health risk that would result from using compared with the mean of the cost if the facility fully absorbs the cost. alternative treatment for First Third distribution for an alternative treatment For this ratio, a value of less than 20 is wastes rather than employing baseline technology to derive the net benefit of considered to represent a significant management practices. Due to time and the land disposal restrictions for that adverse effect. The coverage ratio is the budget constraints, the benefits from waste stream. Risks were not more stringent of the two ratios, but human health risk reduction were discounted. exceeding the critical level in either one analyzed qualitatively. Estimates of risk Benefits other than reduction in suggests that facility is likely to be reduction from previous RIAs were used human health risk-such as resource significantly affected. These ratios for certain wastes in this RIA where damage avoided and corrective action bound possible effects on individual there was correspondence between the costs avoided-were not quantified. As firms. wastes in terms of waste codes, physical a result, the benefits of the land disposal Once facilities experiencing adverse forms, baseline and alternative restrictions for First Third wastes are economic effects were identified using management practices, and quantities. likely to be understated. Human health risk is defined herein the two screening ratios, a more detailed 5. Results financial analysis was performed to as the probability of injury, disease, or verify the results and to focus more death over a given time (70 years) due to . a. Populationof Affected Facilities. closely on affected facilities. For this responses to doses of disease-causing Most of the affected facilities were subset of facilities, the coverage ratio agents. The human health risk posed by generators. Of 138 affected facilities, 95 was adjusted by allowing a portion of a waste management practice is a were generators, 23 were non- costs to be passed through. Economic function of the toxicity of the chemical commercial TSDFs, and 20 were effects on individual facilities were constituents in the waste stream and the commercial TSDFs. No SQGs were examined assuming that product price extent of human exposure to the affected. increases of five percent were possible. constituents. The likelihood of exposure b. Costs. The annualized incremental Those facilities for which the coverage is dictated by hydrogeologic and cost of the supplemental proposed rule ratio was less than two were considered climatic settings at land disposal units is approximately $36 million, making the likely to close. and the fate and transport of chemical rule a minor rule. (However, in (2) Commercial TSDFs. For this group constituents in environmental media. combination with the previous proposal of facilities, there exists no Census SIC EPA estimated human health risk in (April 8, 1988; 53 FR 11742), the rule from which to draw financial previous RIAs in four steps. The first would be a major rule with an annual information. Two SICs which might be step was to estimate the concentrations cost of $717-732 million.) Most of the used as proxies, 4953 and 4959, do not of each of the hazardous constituents of cost of the rule is associated with the distinguish between financial data for the waste stream in each of the three treatment of K086 and K087 wastes. hazardous waste treatment firms and for media (air, surface water, and ground Most of the waste affected by the firms managing municipal and solid water) into which they might be proposed rule was land disposed in the wastes. Consequently, the analysis of released-by a certain waste baseline (as opposed to being stored or economic effects on commercial management technology. These treated in surface impoundments or facilities was qualitative. This analysis estimates depend on the steady-state treated under California list land included an examination of the quantity (i.e., continuous) release rates calculated dis'posal restrictions); the post- of waste each facility received from the for each technology, and on regulatory practice for most of the waste waste group restricted by today's rule. environmental fate and transport was incineration. All of the waste stored EPA also examined the ability of each characteristics for constituents. in surface impoundments in the baseline facility to provide the additional The next step was to estimate the dropped out of the analysis because treatment required once these total human intake, or dose, of each of storage in tanks was found to be less restrictions were promulgated, and thus the chemicals through inhalation of air expensive than retrofitting surface

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Federal Register _ Vol. 53, No. '95 / Tuesday, May 17, 1988 / Proposed Rules IL7619 impoundments to meet Part 264 EPA evaluated the economic effect of Storage and Disposal Facilities requirements. Nearly all of the waste the proposed rule on small entities, here Regulated under RCRA in 1981" (the treated in surface impoundments defined as concerns employing fewer RIA Mail Survey) (April 1984). EPA's dropjped out of the analysis, since than 50 persons. Because of data "National Small Quantity Hazardous treatment was less costly than limitations, this small business analysis Waste Generator Survey" (February compliance with Part 264 requirements. excluded generators of large quantities 1985) was the major source of data on The small quantity of dredged material of First Third wastes. The small small quantity generators. from these impoundments requiring business population therefore included Waste stream characterization data treatment caused these costs to be low. only two groups: All non-commercial and engineering costs of waste c. Economic Impacts. Twenty-six TSDFs employing fewer than 50 persons management were based on the facilities would be significantly and all SQGs which were also small following EPA documents: impacted by the proposed rule. Of these, businesses. Streams According to EPA's guidelines for * "Characterization of Waste 21 are generatori and 5 are non- Listed in 40 CFR Part 261 Waste conducting an RFA, if over 20 percent of commercial TSDFs. Commercial TSDFs Profiles," Vols. I and II (August 1985); were assumed to pass all compliance the population of small businesses, costs through to generators; therefore, small organizations, or small * "Characterization of Constituents the number of significantly affected government jurisdictions is likely to from Selected Waste Streams Listed in commercial facilities was not calculated. experience financial distress based on 40 CFR Part 261," Vols. I and II (August the costs of the rule, then the agency is 1985); The significantly impacted non- 0 RCRA commercial TSDFs are from the required to consider that the rule will background and listing Chemicals and Allied Products industry have a significant effect on a substantial documents for 40 CFR Part 261; and the Primary metals industry (SICs number of small entities and to perform * RCRA Section 3007 industry studies; 28 and 33, respectively). Significantly a formal RFA. EPA has examined the * "RCRA Risk-Cost Analysis Model, impacted generators are from the proposed rule's potential effects on Appendix A: Waste Stream Data Base" Primary Metals industry (SIC 33), small entities as required by the (March 1984); and . Fabricated Metals industry (SIC 34), and Regulatory Flexibility Act. Only small e Source assessment documents for Transportation Equipment industry (SIC businesses were identified as being -various industries. Financial information 34). Commercial TSDFs fall primarily affected by the proposed rule, and fewer for the economic impact analysis was than 20. percent into the Electric, Gas, and Sanitary of the small businesses obtained from the 1982 Census of were significantly affected based on the Services sector (SIC 49); those facilities Manufacturers and 1984 Annual Survey EPA guidelines. EPA has therefore specializing in land disposal services of Manufacturers. Producer price indices concluded could be adversely affected. that today's proposed rule were used to restate 1984 dollars in will not have a significant effect on a 1987 d. Benefits. Quantitative estimates of terms. human health risk reduction, derived substantial number of small entities. As from previous RIAs, a result of this finding, EPA has not E. Rescission of National Variancefor were available for prepared a formal RFA in support of the Certain Solvent and CaliforniaList four of the 19 waste streams included in rule. More detailed information on small Wastes the cost analysis. These four waste business impacts is available in the RIA streams represent approximately 25 for this rule. EPA is proposing to rescind parts of percent of the total waste volume the variances granted under the included in the cost analysis. The total C. Paperwork Reduction Act November 7, 1986 and July 8, 1987 rules. benefits for these four waste streams are The information collection Specifically, variances would be a reduction of 20 cases of adverse health requirements in this proposed rule have rescinded for small quantity generator effects over 70 years, or an annual been submitted for approval to the (SQG) solvent wastes; non-wastewater reduction of 0.29 cases. All of these Office of Management and Budget 'HOCs with concentrations greater than benefits are due to one K087 waste (OMB) under the Paperwork Reduction 1,000 mg/l; and solid HOCs with stream. Act, 44 U.S.C. 3501 et seq. An concentrations greater than 1,000 mg/kg Ber)efits for another six waste streams Information Collection Request (except HOC soils). Rescission of these were assessed qualitatively and found document has been prepared by EPA variances would have two impacts. to be low or zero. Data for assessing the (ICR No. 1447) and a copy may be First, affected waste generators would benefits of the remaining nine waste obtained from Rick Westlund, have to comply with waste treatment streams were not available. Information Policy Branch, EPA, 401 M standards at an earlier date. In the case B. Regulatory Flexibility Analysis Street SW. (PM-223), Washington, DC of SQG solvents, rescission of the 20460 or by calling (202) 382-2745. variance would cause post-regulatory Pursuant to the Regulatory Flexibility Submit comments on these requirements costs to be incurred in August 1988 Act, 5 U.S.C. 601 et seq., whenever an to EPA and: Office of Information and rather than in November 1988. In the 'agency is required to publish a notice of Regulatory Affairs, OMB, 726 Jackson case of California list HOCs, rescission rulemaking for a proposed rule, it must Place NW., Washington, DC 20503 of the variance would cause post- prepare and make available for public marked "Attention: Desk Officer for regulatory costs to be incurred in August comment a Regulatory Flexibility EPA." The final rule will respond to any 1988 rather than in July 1989. The Analysis (RFA) that describes the effect OMB or public comments on the movement of the post-regulatory costs of the rule on small entities (i.e., small information collection requirements. forward in time would result in only businesses, small organizations, and minor increases in overall Oost- small governmental jurisdictions). This D. Review of Supporting Documents regulatory costs (approximately five analysis is unnecessary, however, if the The primary source of information on percent of pre-rescission post-regulatory Agency's administrator certifies that the current land disposal practices and costs for the wastes affected). (Refer to rule will not have a significant economic industries affected by this rule was the background materials on the effect on a substantial number of small EPA's "National Survey of Hazardous rescission of land disposal restriction entities. Waste Generators and Treatment, variances for a discussion of the

HeinOnline -- 53 Fed. Reg. 17619 1988 This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

17620 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules methodology and results of the In the April 8, 1988, rule (53 FR 11742) later than the dates specified in the rescission analysis,) EPA solicited comment on modifications schedule promulgated at 40 CFR 268.10, The second impact of the rescission tb 40 CFR 268.7 which would enable the 268.11, and 268.12. would be to'prohibit wastes from land Agency to track, from generator to Generators must determine whether disposal at an earlier date. This would treatment and/or disposal facility, the their wastes are "restricted" at the point result in short-term benefits to human management of restricted hazardous of initial generation, i.e., when the waste health and the environment to the extent Wastes subject to the "soft hammer" is first considered a hazardous wastes that alternative treatmeit is less risky provisions. For today's proposal these subject to RCRA regulation. To than land disposal. are wastes listed in 40 CFR 268.10 which determine whether a hazardous waste is do not have treatment standards "restricted," generators need only VIII. Implementation of the Land proposed in this notice or the April 8, Disposal Restrictions Program determine whether the waste belongs to 1988 notice. Comments pertaining to the a category of wastes that has been The generator or owner/operator of a proposed demonstration, certification, prohibited from land disposal by treatment, storage, and disposal facility and notification requirements for these regulation or by the automatic must follow the waste management wastes should be addressed to the "hammer" provisions of RCRA. procedures specified in 40 CFR Part 268 April 8, 1988 notice. "Prohibited" wastes are a subset of which are applicable to the restricted Although EPA has stated in earlier "restricted" wastes, i.e., they are those hazardous wastes subject to the rules (see 51 FR 40572, November 7, "restricted" wastes that are currently provisions in today's proposal. These 1986; 52 FR 21010, June 4, 1987; 52 FR ineligible for land disposal. Therefore, a wastes are listed in Subpart C of Part 25760, July 8, 1987) that restricted wastes hazardous waste that is not "restricted" 268. The corresponding treatment are subject to certain Part 268 cannot be "prohibited" under RCRA standards and effective dates are found requirements (e.g., the § 268.7 section 3004. However, once a waste is in Part 268 Subpart D. After the recordkeeping requirements and the considered "restricted," at least some of applicable effective date, a generator of § 268.3 dilution prohibitions) even if the Part 268 requirements apply. a waste must determine, at the point of such wastes are subject to an The first Part 268 requirement initial generation, if the waste meets the exemption, extension, or variance applicable to "restricted" wastes is that treatment standard. This determination making them eligible for land disposal, generators must determine whether their can be made based on knowledge or the Agency has become aware of some -waste currently is eligible for land analysis of the hazardous constituents confusion in the regulafed community disposal pursuant to the requirements of .in the waste, treatment residual, or regarding this point. The confusion § 268.7. If the wastes currently is not extract of the waste or treatment seems to have been created through the eligible for land disposal (i.e., the residual. Data supporting a interchafiging use, by both the regulated determination based on knowledge must community and, in some instances, by prohibition effective date has passed, the waste does not meet all applicable be kept in the generator's files. EPA, of the terms "restricted" and "prohibited." To eliminate this treatment standards or prohibition A waste which meets the treatment levels, and no § 268.5 extensions, § 268.6 standard or is the subject of a national confusion, EPA is clarifying the "no migration" exemptions, or national variance, case-by-case extension, or "no distinction between "restricted" and "prohibited" wastes in today's notice. capacity variances apply), then the migration" exemption can be land waste currently is "prohibited" from disposed. The generator must satisfy the "Restricted" wastes are those notification and certification land disposal as well as "restricted." If, categories of hazardous wastes that are however, the waste currently is eligible requirements of 40 CFR 268.7(a) (2) and prohibited from land disposal either by (3). The land disposal facility is required for land disposal (i.e., the prohibition regulation or statute (regardless of effective date has passed but the waste by 40 CFR 268.7(c) to keep a record of whether subcategories of such wastes meets the applicable treatment the notice and certification and verify are subject to a § 268.5 extension, that the treatment standard was met by standards or prohibition levels or is § 268.6 "no migration" exemption, or subject to a § 268.5 extension, § 268.6 testing according to the frequency national capacity variance, any of which "no migration" exemption, or national specified in the facility's waste analysis makes them currently eligible for land capacity variance) then the waste is plan. disposal). In other words, a hazardous considered "restricted" but not currently A waste which does not meet the waste is "restricted" no later than the "prohibited." All wastes that are treatment standard can be land date of the deadline established in, or "restricted" must comply with the disposed after adequate treatment. The pursuant to, RCRA section 3004. § 268.3 dilution prohibition (assuming generator must notify the treatment Therefore, the Foo1-FO05 solvent wastes the wastes are land disposed or facility in accordance with 40 CFR and the F020-F023 and F026-F028 otherwise managed after the prohibition 268.7(a)(1). The treatment facility must dioxin-containing wastes were "restricted" as of November 8, effective date), the § 268.7 waste maintain a record of the notification and. 1986, analysis and recordkeeping test the treated wastes according to the despite the fact that several requirements, and all other applicable frequency specified in the facility's subcategories of these wastes obtained Part 268 requirements. waste analysis plan. For treated wastes 2-year national capacity variances which meet the standard the treatment allowing them to be land disposed until' IX. References facility must provide the notice and November 8, 1988. Similarly, California certification required under 40 CFR List wastes were "restricted" as of July Background Documents-.....-.... 268.7(b) (1) arfd (2) to the land disposal 8, 1987, despite the fact that several (1)U.S. EPA, "Background Document for First facility. For treated wastes which do not subcategories of such wastes obtained Third Wastes to Support 40 CFR Part 268 meet the standard the treatment facility 2-year national capacity variances Land Disposal Restrictions Proposed rule must comply with the notice allowing continued land disposal until First-Third Waste Volume, Characteristics, requirements of 40 CFR-268.7(a)(1) if the July 8, 1989. Wastes contained in the and Required and Available Treatment waste will be managed at a different schedule of thirds (51 FR 19300, May 28, Capacity-Part II." U.S. EPA, OSW, treatment facility. 1986) are considered "restricted" no Washington, DC 1987.

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17621

(2) U.S. EPA, "National Survey of Hazardous PART 264-STANDARDS FOR the generator or the owner or operator Waste Treatment, Storage, Disposal, and OWNERS AND OPERATORS OF under § 268.7 and § 268.8; Recycling Facilities." U.S. EPA, OSW, HAZARDOUS WASTE TREATMENT, Washington, DC, 1987. (10) For an on-site treatment facility, (3) U.S. EPA, "Best Demonstrated Available STORAGE, AND DISPOSAL the information contained in the notice Technology (BDAT) Background Document FACILITIES (except the manifest number), certification, and demonstration, if for K046", Volume 11, U.S. EPA, OSW, I. In Part 264: applicable, required by the generator or Washington, DC, May 1988. 1. The authority citation for Part 264 (4) U.S. EPA, "Best Demonstrated Available the owner or operator under § 268.7 and Technology (BDAT) Background Document continues to read as follows: § 268.8; for K101, K102," Volume 12, U.S. EPA, Authority: 42 U.S.C. 6905, 6912(a), 6924, and * * * * * OSW, Washington, DC, May 1988. 6925. (5) U.S. EPA, "Best Demonstrated Available (13) For an off-site storage facility, a Technology (BDAT) Background Document Subpart E-Manifest System, copy of the.notice, certification, and for F006", Volume 13, U.S. EPA, OSW Recordkeeping, and Reporting demonstration, if applicable, required by Washington, DC, May 1988. the generator or the owner or operator (6) U.S. EPA, "Best Demonstrated Available 2. In § 264.73 paragraphs (b) (11) and under § 268.7 and § 268.8; and Technology (BDAT) Background Document (12) are revised and paragraphs (b) (15) (14) For an on-site storage facility, the for K087" Volume 14, U.S. EPA, OSW, and (16) are added to read as follows: information contained in the notice Washington, DC, May 1988. (7) U.S. EPA "Best Demonstrated Available § 264.73 Operating record. (except the manifest number), Technology (BDAT) Background Document * * * * * certification, and demonstration, if applicable, required by the generator or for K086", Volume 15, U.S. EPA, OSW (b) *** Washington, DC, May 1988. (11) For an off-site treatment facility, a the owner or operator of a treatment (8) U.S. EPA, "Best Demonstrated Available facility under § 268.7 and § 268.8. Technology (BDAT) Background Document copy of the notice, certification, and for K001", Volume 16, U.S. EPA, OSW, demonstration, if applicable, required by PART 266 STANDARDS FOR THE Washington, DC,May 1988. the generator or the owner or operator MANAGEMENT OF SPECIFIC (9) U.S. EPA, "Best Demonstrated Available under § 268.7 and § 268.8; , HAZARDOUS WASTES AND SPECIFIC Technology (BDAT) Background Document (12) For an on-site treatment facility, TYPES OF HAZARDOUS WASTE for K106", Volume 17, U.S. EPA, OSW, the information contained in the notice MANAGEMENT FACILITIES Washington, DC, May 1988. (except the manifest number), (10) U.S. EPA, "Best Demonstrated Available certification, and demonstration, if III. In Part 266: Technology (BDAT) Background Document applicable, required by the generator or for K022", Volume 18, U.S. EPA, OSW, 1. The authority citation for Part 266 Washington, DC, May 1988. the owner or operator under § 268.7 and continues to read as follows: (11) U.S. EPA, "Best Demonstrated Available § 268.8; * * - * * Authority: 42 U.S.C. 6905, 6912(a), 6924, and Technology (BDAT) Background Document 6934. for F002", Volume 19, U.S. EPA, OSW, (15) For an off-site storage facility, a Washington, DC copy of the notice, certification, and Subpart C-Recyclable Materials Used (12) U.S. EPA, "Best Demonstrated Available demonstration, if applicable, required by In a Manner Constituting Disposal Technology (BDAT) Background Document the generator or the owner or operator for K099", Volume 20, U.S. EPA, OSW, 2. In § 266.20 paragraph (b) is revised Washington, DC, May 1988. under § 268.7 and § 268.8; and (16) For an on-site storage facility, the to read as follows: Regulatory Impact Analysis information contained in the notice § 266.20 Applicability. (13) U.S. EPA, "Regulatory Impact Analysis of (except the manifest number), S * * * * Proposed Restrictions on Land Disposal of certification, and demonstration, if First-Third Wastes." U.S. EPA, OSW, applicable, required by the generator or (b) Products produced for the general Washington, DC 1987. the owner or operator under § 268.7 and public's use that are used in a manner § 268.8. that constitutes disposal and that X. List of Subjects in 40 CFR Part 264, contain recyclable materials are not 265, 266, and 268 PART 265-INTERIM STATUS presently subject to regulation if the Administrative practice and STANDARDS FOR OWNERS AND recyclable materials have undergone a procedure, Confidential business OPERATORS OF HAZARDOUS WASTE chemical reaction in the course of information, Environmental protection, TREATMENT, STORAGE, AND producing the products so as to become Hazardous materials, Hazardous DISPOSAL FACILITIES inseparable by physical means and if such products meet the applicable materials transportation, Hazardous II. In Part 265: waste, Imports, Indian lands, Insurance, treatment.standards in Subpart D (or 1. The authority citation for Part 265 prohibition levels in Subpart C where no Intergovernmental relations, Labeling, continues to read as follows: Packaging and containers, Penalties, treatment standards have been Recycling, Reporting and recordkeeping Authority: 42 U.S.C. 6905, 6912(a), 6924, established) of Part 268 for each requirements, Security measures, Surety 6925, and 6935. recyclable material (i.e. hazardous bonds, Waste treatment and disposal, 2. In § 265.73 paragraphs (b) (9) and waste constituent) that they contain. Water pollution -control, Water supply. (10) are revised and paragraphs (b) (13) Commercial fertilizers that are produced and (14) are added to read as follows: for the general public's use that contain Date: May 9, 1988. recyclable materials also are not Lee Thomas, § 265.73 Operating record. presently subject to regulation provided Administrator. * * * * * that such fertilizers meet the applicable For the reasons set out in the (b) ** treatment standards in Subpart D (or preamble, Title 40, Chapter I, (9) For an off-site treatment facility, a prohibition levels in Subpart C where no Subchapter I of the CFR is proposed to copy of the notice, certification, and treatment standards have been be amended as follows: demonstration, if applicable, required by established) of Part 268 for each

HeinOnline -- 53 Fed. Reg. 17621 1988 This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

17622 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules recyclable material (i.e. hazardous notice for at least five years from the of any applicable prohibitions set forth waste constituent) that they contain. date that the waste was last sent to off- in § 268.33(e). The generator must retain site treatment or storage. The retention a copy of the notice for at least five PART 268-LAND DISPOSAL is extended automatically during the' years from the date that the waste was RESTRICTIONS course of any unresolved enforcement last sent to off-site treatment, storage, or IV. In Part 268: action regarding the regulated activity or disposal. The retention is extended 1. The authority citation for Part 268 as requested by the Administrator. The automatically during the course ok any continues to read as follows: notice must include the following unresolved enforcement action information: regarding the regulated activity or as Authority: 42 U.S.C. 6905, 6912(a), 6921, and requested by the Administrator. The 6924. * (2) If a generator determines that he is notice must include the following Subpart A-General managing a restricted waste under this information: part, and determines that the waste can (i) EPA Hazardous Waste Number;, 2. In § 268.1 paragraph (c)(3) is be land disposed without further (ii) The applicable prohibitions set removed, paragraphs (c)(4), (c)(5), and treatment, with each shipment of waste forth in § 268.33(e); proposed paragraph (c)(6) are he must submit, to the treatment, (iii) The manifest number associated redesignated and revised as paragraphs storage, or land disposal facility, a with the shipment of waste; and (c)(3), (c)(4), and (c)(5), and paragraph notice and a certification stating that the (iv) Waste analysis data where (d) is added to read as follows: waste meets the applicable treatment available. § 268.1 Purpose, scope and applicability. standards set forth in Subpart D of this (5) If a generator determines whether * * * * part and the applicable prohibition the waste is.restricted based solely on levels set forth in § 268.32 or in RCRA his knowledge of the waste, all (c) ** (3) Where the waste is generated by section 3004(d). The generator must supporting data used to make this small quantity generators of less than retain a copy of the notice and determination must be retained on-site 100 kilograms of non-acute hazardous certification for at least five years from in the generator's files for at least five waste or less than 1 kilogram acute the date that-the waste was last sent to years from the date that the waste was hazardous waste per month, as defined off-site disposal or storage. The last sent to off-site treatment, storage, or in § 261.5 of this chapter, retention is extended automatically disposal. If a generator determines (4) Where a farmer is disposing of. during the course of any unresolved whether the waste is restricted based on waste pesticides in accordance with enforcement action regarding the testing his waste or an extract § 262.70; regulated activity or as requested by the developed using the test method Administrator. described in Appendix I of this part, all (5) Prior to May 8,1990, in a landfill or * * * * * surface impoundment unit where all waste analysis data must be retained applicable persons are in compliance (3) If a generator's waste is subject to on-slite in the generator's files for at with the requirements of § 268.8, with a case-by-case extension under § 268.5, least five years from the date that the respect to wastes that are not subject to an exemption under § 268.6, or a waste was last sent to off-site treatment, Subpart D treatment standards and not nationwide variance under Subpart C, storage, or disposal. The retention is subject to the prohibitions in § 268.32 or with each shipment of waste, he must extended automatically during the RCRA section 3004(d). submit a notice to the facility receiving course of any unresolved enforcement (d) The requirements of this part shall his waste stating that the waste is not action regarding the regulated activity or not affect the availability of a waiver prohibited from land disposal. The as requested by the Administrator. under section 121(d){4) of the generator must retain a copy of the Comprehensive Environmental notice for at least five years from the 4. Proposed § 268.8 is revised to read Response, Compensation, and Liability date that the waste was last sent to off- as follows: Act of 1980 (CERCIA). site treatment, storage, or disposal. The retention is extended automatically § 268.8 Landfill and surface Impoundment 3. Section 268.7 is amended by disposal restrictions. revising paragraphs (a)(1) introductory during the course of any unresolved text, (a)(2) introductory text, (a)(3), and enforcement action regarding the (a) Prior-to May 8, 1990, wastes which (a)(4), and by adding paragraph (a)(5) to regulated activity or as requested by the are otherwise prohibited from land read as follows: Administrator. The notice must include disposal under § 268.33(e) of this part the following information: may be disposed in a landfill or surface § 268.7 Waste analysis and recordkeeping. (i) EPA Hazardous Waste Number, impoundment which is in compliance (a) * * * (ii) The corresponding treatment with the requirements of § 268.5(h)(2) (1) If a generator determines that he is standard; provided that the requirements of this managing a restricted waste under this (iii) The manifest number associated section are met. part and the waste does not meet the with the shipment of waste; (1) Prior to such disposal, the person applicable treatment standards set forth (iv) Waste analysis data, where seeking to dispose such wastes (i.e., the in Subpart D of this part or exceeds the available; and generator or owner or operator) has applicable prohibition levels set forth in (v) The date the waste is subject to made a good faith effort to locate and § 268.32 or in RCRA section 3004(d), the prohibitions. contract with treatment and recovery with each shipment of waste the (4) If a generator determines that he is facilities currently available. generator must notify the treatment managing a waste that is subject to the (2) Such generator or owner or facility or storage facility in writing of prohibitions under § 268.33(e) of this operator submits to the Regional the appropriate treatment standards set part and is not subject to the Administrator a demonstration and, forth in Subpart D of this part and any prohibitions set forth in § 268.32 of this certification that the requirements of applicable prohibition levels set forth in part, with each shipment of waste the paragraph (a)(1) of this section have § 268.32 or in RCRA section 3004(d). The generator must notify the treatment, been met. The demonstration must generator must retain a copy of the storage, or disposal facility, in writing, include a list of facilities and facility

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Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 17623

officials contacted, addresses, telephone are set forth in Subpart D of this part or (b) Effective November 8, 1988, the numbers, contact dates, and an until May 8, 1990, whichever is earlier. F001-F005 solvent wastes listed in explanation of why no treatment is paragraphs (a)(3) and (a)(5) of this practically available. The following Subpart C-Prohibitions on Land section are prohibited from land certification is required: Disposal disposal. Between August 8, 1988, and I certify under penalty of law that the 5.,Section 268.30 is revised to read as November 8, 1988, wastes included in requirements of 40 CFR 268.8(a)(1) have been follows: paragraphs (a)(3) and (a)(5) of'this met and that disposal in a landfill or surface section may be disposed of in a landfill impoundfent is the only practical alternative § 268.30 Waste specific prohibitions- or surface impoundment only if such to treatment currently available. I believe Solvent wastes. unit is that the information submitted is true, in compliance with the accurate, and complete. laIm aware that there (a) Effective November 8, 1986, the requirements specified in § 268.5(h)(2). are significant penalties for submitting false spent solvent wastes specified.in 40 CFR (c) Effective August 8,1988, the F001- information, including the possibility of fine 261.31 as EPA Hazardous Waste Nos. F005 solvent wastes listed in paragraphs and imprisonment. F001, F002,F003, F004, and F005, are (a)(1), (a)(2), and (a)(6) of this section (3) With the initial shipment of waste, prohibited from land disposal (except in are prohibited from land disposal. such generator or owner or operator an injection well).unless one or more of (d) Effective November 8, 1990, the must submit a copy of the demonstration the following conditions apply: F001-F005 solvent wastes which are and the certification required in (1) The generator of the solvent waste contaminated soil resulting from a paragraph (a)(2) of this section to the is :a small quantity generator of 100-1000 response action taken under section 104 landfill or surface impoundment kilograms of hazardous waste per or 106 of the Comprehensive disposal facility. For each subsequent month; or Environmental Response, waste shipment to the same disposal (2) The solvent waste is generated Compensation, and Liability Act of 1980 facility, only the certification is required from any response action taken under (CERCLA) or a corrective action to be submitted provided that the the Comprehensive Environmental required under subtitle C of the conditions being certified remain Response, Compensation and Liability Resource Conservation and Recovery unchanged. Such generator or owner or Act of 1980 (CERCLA) or any corrective Act (RCRA) and the residues from operator must retain copies of the action taken under the Resource treating these wastes are prohibited demonstration (if applicable) and Conservation and Recovery Act -from land 'disposal. Between November certification required for each waste (RCRA), except where the waste is 8, 1988, and November 8, 1990, these shipment on-site. The generator must contaminated soil or debris not subject wastes may be disposed of'in a landfill retain a copy of the demonstration and to the provisions of this -chapter until or surface impoundment only if such certification for at least five years from November 8, 1988; or unit is in compliance with the the date that the waste was last sent to (3) The initial generator's solvent requirements specified in § 268.5(h)(2).. off-site treatment, storage, or disposal. waste is a solvent-water mixture, (e) Effective November 8, 1988, the The retention is extended automatically solvent-containing sludge or solid, or F001-F005 solvent wastes which are during the course of any unresolved solvent-contaminated soil (non CERCLA contaminated debris resulting from a enforcement action regarding the or RCRA corrective action) containing 'response action taken under section 104 regulated activity or as requested by the less than '1percent total F001-F005 ,or 106 of the Comprehensive Administrator. solvent constituents listed in 'Table Environmental Response, (b)After receiving the demonstration CCWE of § '268.41 of this part. Compensation, and Liability Act of 1980 and certification, the Regional (4) The solvent waste is contaminated (CERCLA) or a corrective action Administrator may request any soil or debris resulting from a response required under subtitle C of the additional information which he deems action taken under section 104 or 106 of Resource Conservation and Recovery necessary to evaluate the certification. the Comprehensive Environmental Act (RCRA) and the residues from (1) Any person who has submitted a Response, Compensation, and Liability treating these wastes are prohibited certification under this section must Act of 1980 (CERCLA) or a corrective from land disposal. immediately notify the Regional action required under Subtitle C of the (f) The requirements of paragraphs (a], Administrator when he has knowledge Resource Conservation andRecovery- (b), (c), (d), and .(e) of this section do not of any change in the conditions which Act (RCRA]; or apply if: formed the basis of his certification. (5) The solvent waste is a residue (1) The wastes meet'the standards of (2)If, after review of the certification, from treating a waste described in Subpart D of this part; or the Regional Administrator determines paragraph (a)(3) of this section; or the (2) Persons have been granted an that treatment (or further treatment) that solvent waste is a residue from treating exemption from a prohibition pursuant yieldg.reductions in'toxicity is a waste not described in paragraphs to a petition under § 268.6,.with respect practically and currently available, or (a)(1), (a)(2), (a)(3), or (a)14) of this to those wastes and units covered by that some other method of treatment section provided such residue 'belongs to the petition; or yields greater reductions in toxicity of a different treatability group than the (3) Persons have been granted an the waste or residual or greater waste as initially:generated and wastes extension to the effective date of a reductions in the -likelihood of migration belonging to such a treatability group prohibition pursuant 'to § 268.5, with of hazardous constituents from the are described in paragraph '(a)(3) of this respect to those wastes covered by the waste or residual, the Regional section; or extension. Administrator may invalidate the '(6] The solvent-waste is a residue .6. Section 288.31 is revised to read as certification. from treating a waste described 'in follows: (c)Once the certification -is made, paragraphs (a)(1) and (a)(2) of this wastes may be disposed of in a landfill section; or §268.31 Waste specific prohibitions- or surface impoundment (unless the (7)The solvent waste is a residue Dioxin-containing wastes. Regional Administrator invalidates -the from treating a waste described in ,(a) Effective November 8, 1988, the certification) until treatment standards paragraph (a)(4 of this 'section., dioxin-containing wastes specified in 40

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17624 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules

CFR 261.31 as EPA Hazardous-Waste from a response action taken under K004, K008, K015,K016, K018, K019, Nos. F020,F021, F022, F023, F026, F027, section 104 or 106 of the Comprehensive K020, K021, K022, K024, K025, K030, and F028, are prohibited from land Environmental Response, K036, K037, K044, K045, K046, K047, disposal unless the following condition Compensation, and Liability Act of 1980 K060, K062, K069, K073, K083, K086, applies: (CERCLA) or a corrective action K087, K099, K100, K101, K102, K103, and (1) The F020-F023 and F026-F028 required under Subtitle C of the K104 are prohibited from land disposal. dioxin-containing waste is contaminated Resource Conservation and Recovery (b)Effective August 8, 1990, the soil and debris resulting from a response Act (RCRA) unless the following wastes specified in 40 CFR 261.32 as action taken under section 104 or 106 of condition applies: EPA Hazardous Waste Nos. K048, K049, (1) The hazardous waste contains the Comprehe nsive Environmental K050, K051, K052, K061, K071, and K106 Response, Compensation, and Liability halogenated organic compounds in total are prohibited from land disposal. Act of 1980 (CERCLA) or a corrective concentration greater than or equal to action required under subtitle C of the 1,000 mg/kg and is contaminated soil (c) Effective August 8, 1990, the Resource Conservation and Recovery resulting from a response action taken wastes specified in 40 CFR 268.10 having Act (RCRA). under section 104 or 106 of the a treatment standard in Subpart D of (b)Effective November 8, 1990, the Comprehensive Environmental this part based on incineration and F020-F023 and F026-F028 dipxin- Response, Compeniation, and Liability which are contaminated soil are containing wastes listed in paragraph Act of 1980 (CERCLA) or a corrective prohibited from land disposal. (a)(1) of this section are prohibited from action required under Subtitle C of the (d)Between August 8, 1988, and land disposal. Resource Conservation and Recovery August 8, 1990, for wastes described in (c)Between August 8, 1988, and Act (RCRA). Effective November 8, 1990, paragraphs (b) and (c)of this section, November 8, 1988, wastes included in these wastes are prohibited from land disposal in a landfill or surface paragraph (a) of this section may be disposal. Between November 8, 1988, impoundment is allowed only if such disposed of in a landfill or surface and November 8, 1990, the wastes may unit is in compliance with the impoundment only if such unit is in be disposed of in a landfill or surface requirements specified in § 268.5(h)(2). compliance with the requirements impoundment only if such unit is in (e)The requirements of paragraphs specified in § 268.5(h)(2) and all other compliance with the requirements (a), (b), (c), and (d) of this-section do not applicable requirements of Parts 264 and specified in § 268.5(h)(2). apply if: 265 of this chapter. Between November (e)* * * (1) 8, 1988, and November 8, 1990, wastes (1) Hazardous wastes containing The wastes meet the applicable included in paragraph (a)(1) of this HOCs in total concentration greater standards specified in Subpart D of this section maybe disposed of in a landfill than or equal to 1,000 mg/kg and which part; or or surface impoundment only if such are contaminated soil not resulting from (2)Persons have been granted an unit is in compliance with the a response action taken under section exemption from a prohibition pursuant requirements specified in § 268.5(h)(2) 104 or 106 of the Comprehensive to a petition under § 268.6, with respect and all other applicable requirements of Enviropmental Response, to those wastes and units covered by Parts 264 and 265 of this chapter. Compensation, and Liability Act of 1980 the petition; or (d)The requirements of paragraphs (a) (CERCLA) or a corrective action (3)Persons have been granted an and (b) of this section do not apply if: required under Subtitle C of the extension to the effective date of a (1)The wastes meet the standards of Resource Conservation and. Recovery prohibition pursuant to § 268.5, with Subpart D of this part; or Act (RCRA). respect to those wastes covered by the (2)Persons have been granted an (f) Between August 8, 1988, and July 8, extension. exemption from a prohibition pursuant 1989, wastes included in paragraph (f)Between August 8, 1988, and May 8, to a petition under § 268.6, with respect (e)(1) of this section may be disposed of 1990, the wastes specified in § 268.10 for to those wastes and units covered by in a landfill or surface impoundment which treatment standards under the petition; or only if such unit is in compliance with Subpart D of this part are not applicable (3)Persons have been granted an the requirements specified in or which do not exceed the prohibition extension to the effective date of a § 268.5(h)(2). levels in § 268.32 or in RCRA section (g) The requirements of paragraphs prohibition pursuant to § 268.5, with 3004(d) can be disposed of in a landfill (a), (d), and (e) of this section do not respect to those wastes covered by the or surface impoundment provided the extension. apply if: wastes are the subject of a valid 7. In § 268.32 paragraph (e)(2) is demonstration and certification removed, paragraphs (a)(3), (d), (e)(1), (h) The prohibitions and effective pursuant to § 268.8. (f),(g) introductory text, and (h) are dates specified in paragraphs (a)(3), (d), (g) revised to read as follows: -(d)(1), and (e)(1) of this section do not To determine whether a hazardous apply where the waste is subject to a waste listed in § 268.10 exceeds the § 268.32 Waste specific prohibitions- Part 268 Subpart C prohibition and applicable treatment standards Califomia list wastes. effective date for a specified HOC (such specified in § 268.41 and § 268.43, the (a)* * * as a hazardous waste chlorinated initial generator must test a (3)Hazardous wastes containing solvent, see e.g., § 268.30(a)). representative sample of the waste halogenated organic compounds in total extract or the entire waste depending on concentration greater than or equal to whether the treatment standards are 8. Proposed § 268.33 is revised to read 1,000 mg/kg and not listed in paragraphs as follows: expressed as concentrations in the (d) and (e)of this section. waste extract or the waste. If the waste § 268.33 Waste specific prohibitions- contains constituents in excess of the (d)The requirements of paragraph (a) First Third Wastes applicable Subpart D levels, the waste is of this section do not apply until (a) Effective August 8, 1988, the prohibited from land disposal and all November 8,1988, where the wastes are wastes specified in 40 CFR 261.32 as .requirements of Part 268 are applicable, contaminated soil or debris resulting EPA Hazardous Waste Nos. F006, K001, except as otherwise specified.

HeinOnline -- 53 Fed. Reg. 17624 1988 This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / Proposed Rules 117625

Subpart D-Treatment Standards K1 01 nonwastewaters (see also table Concentra- TABLE CCW-CONSTITUENT CCW in § 268.43) tion (in mg/I) CONCENTRATIONS IN WASTES 9. In § 268.41(a), in the F01-F005 spent solvents table, Methylene chloride .Antimony ...... (1) (1) (from the pharmaceutical industry) and Arsenic ...... (I) .FOOl, F002, F003, F004 and .F005 Concentra- its corresponding concentrations Barium ...... is Cadmium ...... "0.066 wastewaters (Pharmaceutical tion (in mg/ Industry) I) removed, and the following subtables Chromium (total) ...... 3.8 are added to read as :ollows: Copper ...... 0.71 Lead ...... 0.53 .Methylene Chloride ...... 0.44 § 268.41. Treatment standards expressed Nickel ...... ;...... 0.31 as concentrations In waste extract Zinc ...... 0.086 .... fa) 'Reserved. F006 nonwastewaters (see also Table, Concentra- CCWE in § 268.41) tion:(in rg/ TABLE CCWE.-CONSTITUENT K102 nonwastewaters (see also table Concenira- CONCENTRATIONS IN WASTE EXTRACT CCW in § 268.43) tion (in mg/,I) Cyanide ...... Reserved.

Antimony ...... ( ) Arsenic ...... (V) Concentra- F006 nonwastewaters (see also table Concentra- Barium ...... (1) KO01 nonwastewaters (see also CCW in § 268.43) tion (in mg/I Table CCWE in § 268.41) Cadm ium ...... 0.066 tion kg)(in rg/ Chromium (total) ...... 3.8 Antimony ...... (l) Copper ...... 0.71 Naphthalene ...... 7.98 Arsenic ...... (') Lead ...... 0.53 Pentachlorophenol ...... 36.75 Barium ...... (1) Nickel ...... : . 0.31 Phenanthrene ...... 7.98 Cadmium ...... 0.066 Zinc ...... 0.086 Chromium (total) ...... *...... Pyrene ...... 7.28 3.8 Toluene.: ...... 0.143 Copper ...... 0.71 Reserved. Xylenes ...... "0.162 Lead ...... 0.53 Nickel ...... 0,31 Selenium ...... (1) Silver ...... K106 nonwastewaters (see also table Concentra- 0.26 cCW in q268:43) ton (in too Concentra- Zinc...... 0.086 K001 wastewaters .tion 4in mg/I) Cyanide ...... (I) Mercury ...... 0.028 'Reserved. -Naphthalene ...... 0.148 Pentachlorophenol ...... 0.875 Phenanthrene ...... 0.148 * * * * * Pyrene ...... 0.140 Toluene ...... 0.143 10. In § 268.42 paragraph (a)12) is Xylenes ...... 0.161 K001 nonwastewaters (see also table Concentra- CCW in § 268.43) tion (in mg/I) revised to read as follows: Copper ...... 0.42 Lead ...... 0.037 § 268.42 Treatment standards expressed Z inc ...... 1.0 Copper ...... 0.71 as specified technologies. Lead ...... 0.53 Zinc ...... 0.086 (a) * * * (2) Nonliquid hazardous wastes containing halogenated organic .K022 nonwastewaters (see as Concentra- K022 nonwastewaters (see also table Concentra- compounds (HOCs] in total aso to i g Table______CCWE in § 268.41) ton kg)(in mg/ CCW in § 268.43) tion (in mg/I) concentration greater than or equal to 1,000 mg/kg and liquid HOC-containing Chromium (total) ...... 38 Acetophenone...... 19.0 Nickel ...... 0.31 wastes that are prohibited under Phenol ...... 12.0 § 268.32(e)(1) of this part must be Toluene ...... 0.034 incinerated in accordance with the Sum of Diphenylamine and Diphenyl- 13.0 requirements of Part 264 Subpart 0 or nitrosamine. * Concentra- Sulfide ...... Reserved. K046 nonwastewaters tion (in mg/ Part 265 Subpart 0, or in boilers or industrial furnaces burning in accordance with applicable regulatory Lead ...... K086 nonwastewaters (Solvent Concentra- 0.176 standards. These treatment standards Washes) (see also Table CCWE in tion (in mg/ do not apply where the waste is subject § 268.41) kg) to a Part 268 Subpart C treatment K086 nonwastewaters (solvent Concentra- standard for a specific HOC (such as a Acetone ...... 0.37 washes) (see also table CCW in ton (in mg/I) n-Butyl alcohol ...... 0.37 § 268.43) hazardous waste chlorinated solvent for Ethyl acetatb ...... 0.37 which a treatment standard is Ethyl benzene ...... 0.031 Chromium (total) ...... established under § 268.41(a)). Methanol ...... 0.37 0.094 Methyl isobutyl ketone Lead ...... 0.37 * * * * * ...... 0.37 Methyl ethyl ketone ...... 0.37 * 11. In § 268.43 the following subtables Methylene chloride ...... 0.037 are added to the table in proposed Toluene ...... 0.031 K087 nonwastewaters (see also table Concentra- 1,1,1 -Trichloroethane ...... 0.044 CCW in § 268.43) tion (in mg/I) paragraph (a) to read as follows: Trichloroethylene ...... 0.031 § 268.43 Treatment standards expressed Xylenes ...... 0.015 bis(2-ethylhexyl)phthalate ...... 0.49 Lead ...... 0.53 as waste concentrations. Cyclohexanone ...... 0.49 Zinc ...... 0.086 1 2-Dichlorobenzene ...... 0.49 (a) * * * Naphthalene ...... 0.49

HeinOnline -- 53 Fed. Reg. 17625 1988 This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline.

'17626 Federal Register / Vol. 53, No. 95 / Tuesday, May 17, 1988 / ko'0osed'Rules

K086 nonwastewaters (Solvent Concentra- Concentra- (see also Concentra- Washes) (see also Table CCWE in tion (in mg/ K087 wastewaters tion (in mg/I) K102 nonwastewaters Table CCWE in § 268.41) (inmg/kion § 268.41) kg) kg) Phenanthrene ...... 0:028 Nitrobenzene ...... 0.49 Toluene ...... 0.008 Ortho-Nitropheno ...... 13.3 Xylenes ...... 0.014 Lead ...... 0.037 Z inc ...... 1.0 K086 wastewaters (Solvent Washes) tionioncentra- (in rag/1) Concentra- K102 wastewaters tion (in mg/

Acetone ...... 0.015 I Concentra- n-Butyl alcohol ...... 0.031 K099 nonwastewaters ' ion (in mg/ Ortho-Nitrophenol ...... 0.028 Ethyl acetate ...... 0.031 kg) Antim ony ...... Reserved. Ethyl benzene ...... 0.015 Arsenic ...... 2.036 Methanol ...... 0.031 2,4-Dichlorophenoxyacetic acid ...... 0.15 Cadm ium ...... 0.238 Methyl isobutyl ketone ...... 0.031 Hexachlorodibenzo-p-dioxins ...... 0.001 Lead ...... 0.110 Methyl ethyl ketone ...... 0.031 Hexachlorodibenzofurans ...... 0.001 M ercury ...... 0.027 Methylene chloride ...... :0.031 Pentachlcodibenzo-p-dioxins ...... 0.001 Toluene ...... 0.029 Pentachlorodibenzofurans ...... 0.001 1.1, 1-Trichloroethane ...... 0.031 Tetrachlorodibenzo-p-dioxins ...... 0.001 Trichloroethylene ...... 0.029 Tetrachlorodibenzofurans ...... 0.001 Xylenes ...... 0.015 K106 nonwastewaters (see also Concentra- bis(2-ethylhexyl)0hthalate ...... 0.044 Table° CCWE in § 268.41) tion kg)(in mg/ Cyclohexanone ...... 0.022 1,2-Dichlorobenzene ...... f ...... 0.044 Concentra- Naphthalene ...... 0.044 K099 wastewaters tion (in mg/I) M ercury ...... 630 Nitrobenzene ...... 0.044 Chromium (total) ...... 0.32 Lead ...... 0.037 2,4-Dichlorophenoxyacetic acid ...... 0.15 Hexachlorodibenzo-p-dioxins ...... 0.001 Concentra- Hexachlorodibenzofurans ...... 0.001 K106 wastewaters tion (in mg/ Pentachlorodibenzo-p-dioxins ...... 0.001 Pentachlorodibenzofurans K087 nonwastewaters (see also Concentra- ...... 0.001 CCWE in § 268.41) tion (in mg/ Tetrachlorodibenzo-p-dioxins ...... 0.001 M ercury ...... :..... 0.030 Table kg) Tetrachlorodibenzofurans ...... 0.001

Acenaphthalene ...... 3.4 No Land Disposal for: . F006 wastewaters. Benzene ...... 0.071 K022 wastewaters Chrysene ;...... 3.4 K101 nonwastewaters (see also Concentra- Fluoranthene ...... 3.4 Table CCWE in § 268.41) tion (in mg/ K046 wastewaters kg) Indeno (1,2,3-cd) pyrene ...... 3.4 K083 Naphthalene ...... 3.4 K021 Phenanthrene ...... 3.4 Ortho-Nitroaniline ...... 14.0 K025 Toluene ...... 0.65 K060 Xylenes ...... 0.070 K044 Concentra- K045 K046 explosive K101 wastewaters tion (in mg/ nonwastewaters. K Concentra- K087 wastewaters tion (in mg/I) K047 Ortho-Nitroaniline ...... :...... 0.266 Acenaphthalene ...... 0.028 Antimony ...... Reserved. Benzene ...... 0.014 Arsenic ...... 2.036 Chrysene ...... 0.028 Cadmium ...... 0.238 [FR Doc. 88-10874 Filed 5-16--88; 8:45 am] Fluoranthene ...... 0.028 Lead ...... 0.110 Indeno (1,2,3-cd) pyrene ...... 0.028 Mercury ...... 0.027 BILLING CODE 6560-50-M Naphthalene ...... 0.028

HeinOnline -- 53 Fed. Reg. 17626 1988