This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 54452 Federal Register / Vol. 57, No. 223 / Wednesday, November 18, 1992 / Rules and Regulations ENVIRONMENTAL PROTECTION A. Definition of "Sorbents" On December 24, 1986 (51 FR 46824) AGENCY B. Paint Filter Liquids Test (PFT) versus EPA proposed a rule that would prohibit Liquids Release Test (LRT) disposal of containerized liquids treated 40 CFR Parts 260, 264, 265, and 271 C. Biodegradability with sorbents that-had more than one D. Spill Cleanups percent total organic carbon or TOC (as [FRL-4506-3] E. Sorbent Pillows a measure of biodegradability). In the RIN 2050-AA34 F. Lab Pack and Other Exemptions preamble, EPA recommended that the G.Waste Analysis and Recordkeeping modified Mebius procedure (Page, A.L., H. Free-Standing Liquids Hazardous Waste Management; ed., 1982, Methods of Soil Analysis) be I. Implementation Uquids In Landfills used to determine the organic carbon V. State Authority AGENCY: Environmental Protection A. Applicability of Rule in Authorized content. EPA also proposed a Liquids Agency. States Release Test (LRT), a confined ACTION: Final rule. B. Effect on State Authorizations compression type test, to simulate the VI. Regulatory Requirements release of liquids from sorbed wastes SUMMARY: Under authority of the A. Economic Impact Analysis when compressed during landfill Resource Conservation and Recovery B. Regulatory Flexibility Act operations. The test relied on a device. Act (RCRA) as amended by the C. Paperwork Reduction Act known as the Zero-Headspace Extractor Hazardous and Solid Waste VII. Supporting Documents (ZHE), which was developed in Amendments of 1984 (HSWA), EPA is conjunction with the new Toxicity I. Authority promulgating this final rule regarding the Characteristic Leaching Procedure landfill disposal of containerized liquids These rules are being issued under (TCLP). Containerized sorbed wastes mixed with sorbents. This rule satisfies authority of section 3004(c) of the Solid that failed these tests could not be the statutory requirement that EPA issue Waste Disposal Act, as amended by the disposed of in landfills. The proposal a rule that prohibits the disposals in Resource Conservation and Recovery was intended to satisfy the section hazardous waste landfills of liquids that Act of 1976 and the Hazardous and 3004(c)(2) requirement that EPA have been sorbed in materials that "prohibit Solid Waste Amendments of 1984; 42 the disposal in landfills of biodegrade or that release liquids when liquids that have been absorbed in compressed as might occur during U.S.C. 6924(c). materials that biodegrade or that release routine landfill operations. This rule will I. Background liquids when compressed as might occur help assure the stability of materials in hazardous waste landfills. A. Regulatory Background during routine landfill operations." 1987 (52 FR 23695) EPA EFFECTIVE DATE: May 18, 1993. On June 24, Section 3004(c)(2) of HSWA requires issued a supplemental proposal ADDRESSES: The public docket for this EPA to issue final rules, by February 8, regarding the definition of final rule is docket reference code F-92- 1986, that "minimize the disposal of biodegradable in response to comments CLIF-FFFFF, and the public dockets for containerized liquid hazardous waste in received on the one percent TOC the four proposals and supplemental landfills," that "minimize the presence requirement and on the recommended notices are docket reference codes F- of free liquids in containerized 86-CLIP-FFFFF, F-87-CLLN-FFFFF, F- modified Mebius procedure. In this hazardous waste to be disposed of in EPA recommended two 91-CLLA-FFFFF, and F-92-CCLA- notice, landfills," and that "prohibit the additional tests to determine FFFFF. These dockets are in room disposal in landfills of liquids that have M2427, U.S. EPA, 401 M St. SW, biodegradability: ASTM Method G21-70 been absorbed in materials that (1984a)-Standard Practice for Washington, DC 20460, and are open biodegrade or that release liquids when from 9 am to 4 pm, Monday through Determining Resistance of Synthetic compressed as might occur during Polymer Materials to Fungi, and ASTM Friday, excluding holidays. Call 202- routine landfill operations." 260-9327 for an appointment to review Method G22-76 (1984b)-Standard docket materials. Up to 100 pages may On April 30, 1985 (50 FR 18370) EPA Practice for Determining Resistance of be copied free of charge from any one issued a final rule requiring the use of Plastics to Bacteria. The Agency also regulatory docket. Additional copies are the Paint Filter Liquids Test (PFT), proposed to regulate sorbent pillows in $0.15 per page.' Method 9095, to determine the presence a manner similar to lab packs. of free liquids in either bulk or FOR FURTHER INFORMATION CONTACT. On October 29, 1991 (56 FR 55646) The RCRA/Superfund Hotline at 1-800- containerized waste. Wastes that fail EPA issued another supplemental 424-9346 (toll free], or 703-920-9810 in the PFT-i.e., that contain free liquids- notice, seeking comments on single and the Washington, DC area. For cannot be disposed of in landfills. This multi-laboratory test results on a revised information on technical aspects of this satisfied the requirement that EPA issue Liquids Release Test device (also a rule, contact Ken Shuster, Office of Solid regulations minimizing the disposal of confined compression type test). Finally, Waste (OS-340), U.S. EPA, 401 M St. containerized liquid hazardous waste in in response to further comments, EPA on SW, Washington, DC 20460, 202-260- landfills and minimizing the presence of May 1, 1992 (57 FR 18853) issued a 2214. free liquids in containerized hazardous notice of supplemental information SUPPLEMENTARY INFORMATION: waste to be disposed of in landfills.' seeking comment on use of the PFT versus the LRT for containerized Preamble Outline Section 3004{c)(1) of HSWA prohibits the sorbents. placement of bulk or noncontainerized liquid I. Authority In today's rule, EPA is taking final II.Background hazardous waste in landfills, and section 3004(c)(3) prohibits the placement of liquids which are not action on these proposals and notices of A. Regulatory Background hazardous wastes in Subtitle C landfills unless B. Role of Sorbents in Liquid Hazardous additional information, and is certain demonstrations are made. The PFT is completing EPA's regulatory Waste Disposal required to determine the presence of liquids or free I1. Summary of Today's Rule liquids to comply with these prohibitions. 40 CFR responsibilities under RCRA section IV. Detailed Discussiop of the Final Rule 264.314(c) and 40 CFR 265.314(d). 3004(c)(2). HeinOnline -- 57 Fed. Reg. 54452 1992 This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. Federal Register / Vol. 57, No. 223 / Wednesday, November 18, 1992 / Rules and Regulations 54453 Federal Register I Vol. 57, No. 223 I Wednesday, November 18, 1992 / Rules and Regulations 54453 B. Role of Sorbents in Liquid Hazardous potential by-products of combustion rule sets minimum standards regarding Waste Disposal (e.g., polyvinyl chloride which produces biodegradation and release of liquids HC1 upon incineration or materials with that containerized wastes mixed with Dozens of sorbents are on the market before they can be today. These sorbents are used to sorb heavy metals may be less desirable sorbents must meet free liquids in wastes before land despite their Btu content, but peanut landfilled. EPA did not attempt to disposal, thereby reducing the amount of shells, shredded paper, or corn cobs evaluate the effectiveness of various leachate likely to be generated after may be desirable). Or, if the sorbed sorbents beyond these minimums, nor efficient disposal, or to sorb free liquids from a material is to go to a recycling facility did EPA attempt to identify spill before they migrate. Some sorbents (where it will be squeezed out and the sorbate/sorbent combinations. Instead, are by-products of other production oil, gasoline, solvent, or other material today's rule allows the selection of the processes which are typically discarded, recovered), then squeezeability/ most effective sorbent for a specific such as fly ash from coal-burning, releasability, without the sorbent situation, as long as it meets the rule's cement kiln dust from. cement breaking down, is desirable. minimum standards. production, shredded and ground rubber Some sorbents are more effective, i.e., III. Summary of Today's Rule from tires, shredded paper and sawdust, have greater capacity and retention efficiencies and are faster, than others Today's rule adopts the Paint Filter and corn cobs, peanut shells, and rice Liquids Test, Method 9095, for the hulls from crop harvesting. They tend to in soaking up liquids (some soak up considerably larger amounts of liquids testing of containerized liquids to which be relatively cheap and are often readily added before land available. Other sorbents are derived per volume orweight of sorbent; some sorbents have been from mined natural minerals, such as are structurally more stable and retain disposal; lists classes of bentonite or montmorillonite clays, more liquids under pressure; and some nonbiodegradable sorbents, and gives diatomaceous earth, volcanic ash, lime actually react chemically with, liquids, examples in each class; and identifies sometimes irreversibly, to form a two tests, either of which may be used and limestone, silicates, and vermiculite. to determine the nonbiodegradability of Other common sorbents are synthetic nonliquid mass that further ensures stabilization). The effectiveness of a sorbents not within a class on the list. It organic polymers such as polyethylene,,. also requires the use of polypropylene, polyurethane, and given sorbent often depends on the polystyrene. Many commercial sorbents properties of the liquid to be sorbed. nonbiodegradable sorbents in lab packs. are mixtures of sorbent materials.