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Standards for Owners and Operators of Hazardous Waste Treatment

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Standards for Owners and Operators of Hazardous Waste Treatment This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 46824 Federal Register / Vol. 51, No. 247 / Wednesday, December 24, 1986 / Proposed Rules ENVIRONMENTAL PROTECTION details about the OSW docket see the Waste in Landfills AGENCY "OSW Docket" section in 3. Minimizing the Presence of Free "SUPPLEMENTARY INFORMATION." Liquids in Containers Holding 40 CFR Parts 260, 264, 265, and 271 FOR FURTHER INFORMATION CONTACT. Hazardous Waste [FRL-3075-9] For general information and for a copy 4. Biodegradable Absorbents of today's proposed text, contact the 5. Structurally Stable Absorbents Hazardous Waste Management RCRA Hazardous Waste Hotline, Office 6. Development of Liquids Release System; Standards for Owners and of Solid Waste (WH-563), U.S. Test (LRT) Operators of Hazardous Waste Environmental Protection Agency, 401 M 7.Additional Test Results Obtained Treatment, Storage, and Disposal Street SW., Washington, DC 20460, During the Development of the Facilities telephone 800/424-9346 (382-3000 in Liquids Release Test (LRT) Washington, DC). For specific 8. Evaluation of the Liquid Release AGENCY: Environmental Protection information on this amendment, contact Test Agency. Paul Cassidy, Office of Solid Waste 9. Selection of Appropriate Pressure ACTION: Proposed rule. (WH-565), U.S. Environmental for the Liquids Release Test Protection Agency, 401 M Street SW., SUMMARY: Under authority of the 10. Relationship of the Paint Filter Washington, DC 20460, (202) 382-4654. Hazardous and Solid Waste Liquids Test to Today's Proposed Amendments (HSWA) of 1984 to the SUPPLEMENTARY INFORMATION: Liquids Release Test Resource Conservation and Recovery OSW Docket 11. Conforming Changes Act (RCRA), EPA is proposing rules to II. State Authority minimize the presence of free liquids in The OSW Docket is located at: EPA 1. Applicability of Rules in Authorized RCRA Docket (Sub-basement), containers holding hazardous waste that 401 M States are disposed in hazardous waste Street SW., Washington, DC 20460. 2. Effect on State Authorizations landfills. The Agency is proposing to The docket is open from 9:30 to 3:30 III. Compliance with Executive Order prohibit the disposal of containers Monday through Friday, except for 12291 holding liquid hazardous wastes and Federal holidays. The public must make IV. Regulatory Flexibility Act free liquids while continuing to exempt an appointment to review docket V. Paperwork Reduction Act certain containers that are specifically materials. Call Mia Zmud at 475-9327 or VI. References Kate Blow at 382-4675 for appointments. designed to hold small quantities of VII. List of Subjects liquid hazardous wastes. Today's The public may copy a maximum of 50 proposed rule would require that if pages of material from any one I. Background hazardous liquids or free liquids in regulatory docket at no cost. Additional 1. PreviousRegulations containers are solidified by the use of an copies cost $.20/page. absorbent, the absorbent material must Copies of the following documents are On May 19, 1980, EPA promulgated not be biodegradable and the available for viewing only in the OSW regulations that established most of the absorbent/waste mixture must not docket room: basic elements of the hazardous waste release liquids when compressed under 1. "Sorbent Pressure Test management program required by pressures experienced in landfills. EPA Development", Report prepared by Subtitle C of the Resource Conservation is also proposing a test protocol in order Research Triangle Institute. and Recovery Act of 1976, as amended, to determine whether 2. "Liquid Release Test for Liquid 42 U.S.C. 6921 et seq. See 45 FR 33066 et a waste seq. (May 19, 1980). Part 265 of those containing hazardous liquids or free Loaded Sorbents-Single Laboratory liquids when solidified by the use of a Evaluation of Test Equipment", regulations sets forth interim status non-biodegradable absorbent, would Research Triangle Institute, April 1986. standards that apply to owners and release the free liquids under pressures 3. "Structurally Stable Absorbents", operators of existing hazardous waste treatment, storage, and disposal experienced in landfills. These rules do Mason and Hanger-Silas Mason, Co., not apply to owners and operators of August 1986. facilities pending their receipt of a landfills in which only polychlorinated 4. "Development of Criteria to permit that establishes more detailed biphenyl (PCB) chemical waste Distinguish Acceptable Absorbents for requirements under the standards of regulated under 40 CFR Part 761 are Containerized Hazardous Liquids", K.W. Part 264. With certain limited disposed. However, PCBs mixed with a Brown, March 1986. exceptions, § 265.314(b), as originally RCRA hazardous waste must comply 5. "List of Commonly Available promulgated, would have forbidden the with all requirements under both RCRA Absorbents", GCA Corporation, May placement in a landfill of a container and the Toxic Substances Control Act 1985. holding liquid hazardous wastes or free 6. liquids after November 19, 1981. (TSCA) (40 CFR Part 761). In cases Letter and Report to Paul Cassidy where applicable requirements of the from Chemical Waste Management, On February 25, 1982, EPA proposed two statutes differ, the most stringent February 1986. (1) alternative methods of restricting requirements apply. 7. "A Review of Biodegradability containerized liquid wastes in landfills, Testing of Absorbents", SCS Engineers, and (2) a paint filter test that was DATES: Comment date: Comments on January 1986. intended to be used to determine the these proposed amendments will be 8. Letter to Paul Cassidy from Janic F. presence of free liquids in containers. accepted until February 23, 1987. Artiola, K.W. Brown & Associates, See 47 FR 8307 et seq. (February 25, ADDRESS: The public must send an November 12, 1985. 1982). One method of restricting wastes, original and two copies of its comments the so-called 25 percent by volume to: EPA RCRA Docket (S-212) (WH- Preamble Outline method, would have restricted the 562), 401 M Street SW., Washington, DC I. Background allowable volumetric fraction of the 20460.2 1. Previous Regulations total volume of the landfill that could Place the docket #F-86-CLIP FFFFF 2. Minimizing the Disposal of have been used for disposal of on your comments. For additional Containerized Liquid Hazardous containers holding free liquids In the HeinOnline -- 51 Fed. Reg. 46824 1986 This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. Federal Register / Vol. 51, No. 247 / Wednesday, December 24, 1986 /.Proposed Rules 46825 other method, EPA proposed that each 2. Al'iniinizing The Disposal Of pressure. See 40 CFR 260.10. "Free- container be limited to a prescribed ContainerizedLiquid Hazardous Waste standing liquids" are those that form a maximum percentage of liquid In Landfills distinct layer above the solid layer in hazardous waste. The Agency also The recent Amendments to RCRA the container, usually during extended the date by 90 days for (HSWA) require that the Administrator transportation. Free-standing liquids are compliance with § 265.314(b) to allow of EPA promulgate final regulations that a subset of free liquids. time for consideration of this new minimize the disposal of containerized In today's rule, the Agency is approach. liquid hazardous wastes in landfills. The proposing to eliminate the exemption On March 11, 1982, in response to two legislative history to section 3004(c)(2) regarding free-standing liquids in petitions for reconsideration of this shows that when Congress developed § 264.314(d)(1) and § 265.314(c)(1) in extension, EPA held a public hearing to this amendment, they gave serious order to minimize the disposal of consider whether some interim control consideration to prohibiting outright the containerized liquid hazardous waste. might be advisable pending full disposal of all containers of liquid (See Section 3 of this preamble for resolution of the issues concerning hazardous wastes into any landfill. further details.) Thus, today's proposal containerized liquids. On March 22, However, the legislative history suggests will prohibit the landfilling of certain 1982, EPA imposed interim restrictions that Congress intended to allow EPA to free liquids that have been disposed in on the disposal of containerized liquid provide an exemption from the ban for landfills in the past. The Agency will wastes in landfills pending full the disposal of very small quantities of allow containerized liquids to be treated rulemaking on the issue. See 47 FR 12316 liquid wastes, particularly for the (i.e., converted to a solid) by the use of disposal et seq. (March 22, 1982). Under these of lab packs specifically non-biodegradable absorbents under desinged for very small quantities of interim rules (§ 265.314(b)) (redesignated specific conditions. The Agency will laboratory wastes. The use of the term regulate the disposal of liquids to ensure as § 265.314(c) in the current "minimize" in section 3004(c)(2)(A) regulations), no container that they are treated in such a manner holding free- reflects this intent. See, e.g., S. Rep. No. standing liquids could be placed in a as to prevent the future release of the 284, 98th Congress, 19t Session 22 (1983); liquids due to landfill pressures. landfill. 129 Cong. Rec. H8141 (daily ed. Oct. 6, On July 26, 1982, EPA issued Part 264 In today's proposal, the Agency will 1983) (statement of Rep. Breaux). continue to allow exemptions for only standards for use in issuing final permits The Agency construes the provision to the containers discussed below: Lab for facilities that treat, store, or dispose mean that free liquids will be prohibited packs, ampules, batteries, and of hazardous wastes. See 47 FR 32274 et from being placed in a landfill, except if capacitors. These exemptions are seq. (July 26, 1982). These standards are the free liquids meet certain exemptions currently codified in § 264.314(d)(2), (3), applicable to owners and operators of or are properly treated (solidified).
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