15566 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations ENVIRONMENTAL PROTECTION Sections 148.18(b) and 268.39(c), Outline AGENCY which are effective on January 8, 1997; I. Background and A. Summary of the Statutory Requirements 40 CFR Parts 148, 268, 271, and 403 Sections 148.1 (a), (b), and (d), 148.3, of the 1984 Hazardous and Solid Waste 148.4, 148.18 (c) and (d), 148.20(a), Amendments, and Requirements of the RIN 2050±AD38 268.1(e), 268.2 (k) and (l), 268.3 (a) and 1993 Consent Decree with the [EPA # 530±Z±96±002; FRL±5438±3] (b), 268.9 (d), (e), (f), and (g), 268.39 (d) Environmental Defense Fund and (e), 268.44(a), and 403.5 (c) and (d), B. Treatment Standards for Hazardous Land Disposal Restrictions Phase IIIÐ which are effective on April 8, 1998. Wastes That Exhibit a CharacteristicÐ Decharacterized Wastewaters, The D.C. Circuit's Opinion in Chemical ADDRESSES: Supporting materials are Waste Management v. EPA Carbamate Wastes, and Spent available for viewing in the RCRA Potliners II. Miscellaneous Issues for Which EPA is information Center (RIC), located at Not Finalizing an Approach in This AGENCY: Environmental Protection Crystal Gateway One, 1235 Jefferson Final Rule Agency (EPA). Davis Highway, First Floor, Arlington, A. Treatment Standards for Organobromine VA. The Docket Identification Number Wastes ACTION: Final rule. is F±96±PH3F±FFFFF. The RCRA B. Potential Prohibition of Nonamenable SUMMARY: EPA is promulgating Docket is open from 9 a.m. to 4 p.m. Wastes From Land-Based Biological treatment standards for hazardous Monday through Friday, except for Treatment Systems Federal holidays. The public must make C. Certain Sections of Completing wastes from the production of Universal Treatment Standards an appointment to review docket carbamate pesticides and from primary D. Prohibition of Hazardous Waste as Fill aluminum production under its Land materials by calling (703) 603±9230. The Material Disposal Restrictions (LDR) program. public may copy a maximum of 100 E. Point of Generation The purpose of the LDR program, pages from any regulatory document at F. Prohibition on Using Iron Filings to authorized by the Resource no cost. Additional copies cost $0.15 Stabilize Spent Foundry Sand Conservation and Recovery Act (RCRA), per page. III. End-of-Pipe Equivalence: Treatment is to minimize short- and long-term FOR FURTHER INFORMATION CONTACT: For Standards for Clean Water Act (CWA) threats to human health and the general information on the LDR and CWA-Equivalent Wastewater environment due to land disposal of program, contact the RCRA Hotline at Treatment Systems hazardous wastes. 800±424±9346 (toll-free) or 703±412± A. Types of Facilities to Which Treatment Standards Apply The Agency is also amending the 9810 locally. For general information on B. End-of-Pipe Treatment Standards treatment standards for hazardous today's rule, contact Peggy Vyas in the C. Why CWA Limitations and Standards wastes that exhibit the characteristic of Office of Solid Waste, phone 703±308± Can Also Be RCRA Treatment Standards reactivity. The rule also begins the 8594. D. When CWA Limitations and Standards process of amending existing treatment Become the RCRA Standards SUPPLEMENTARY INFORMATION: standards for wastewaters which are 1. Direct Dischargers hazardous because they display the Glossary of Acronyms 2. Indirect Dischargers characteristic of ignitability, corrosivity, BATÐBest Available Technology 3. Zero Dischargers Performing CWA- reactivity, or toxicity. These wastes are BDATÐBest Demonstrated Available Equivalent Treatment sometimes treated in lagoons whose Technology E. Implementation ultimate discharge is regulated under BIFsÐBoilers and Industrial Furnaces 1. Where Permits Contain Standards for the Clean Water Act, and sometimes CAAÐClean Air Act Hazardous Constituents CWAÐClean Water Act 2. Where Permits Do Not Contain a injected into deepwells which are EPÐExtraction Procedure Limitation for a Hazardous Constituent regulated under the Safe Drinking Water HONÐHazardous Organic NESHAPs 3. Indirect Dischargers Act. Prior to today's rule, the treatment HSWAÐHazardous and Solid Waste 4. Zero Dischargers Performing CWA- standard for these wastes required only Amendments Equivalent Treatment removal of the characteristic property. HWIRÐHazardous Waste Identification Rule 5. Implementation When CWA Standards Today's revised treatment standards ICRÐignitable, corrosive, and reactive and Limitations Will Not be the require treatment, not only to remove wastes, or, Information Collection Request Exclusive Standard (in section IX.D.) 6. RCRA Controls Over Point Source the characteristic, but also to treat any ICRTÐignitable, corrosive, reactive, and TC underlying hazardous constituents Discharges and Domestic Sewage? wastes 7. Applicability to the Pulp and Paper which may be present in the wastes. LDRÐLand Disposal Restrictions Industry Therefore, these revised treatment NESHAPsÐNational Emission Standards for IV. Treatment Standards for Class I Hazardous Air Pollutants standards will minimize threats from Nonhazardous Injection Wells and NPDESÐNational Pollutant Discharge exposure to hazardous constituents Response to Comments which may potentially migrate from Elimination System POTWÐPublicly-Owned Treatment Works A. Introduction these lagoons or wells. B. Compliance Options for Class I Finally, EPA is codifying as a rule its PSESÐPretreatment Standards for Existing Sources Nonhazardous Wells existing Enforcement Policy that PSNSÐPretreatment Standards for New C. Pollution Prevention Compliance combustion of inorganic wastes is an Sources Option impermissible form of treatment RCRAÐResource Conservation and Recovery D. De Minimis Volume Exemption because hazardous constituents are Act V. Treatment Standards for Newly Listed being diluted rather than effectively RIAÐRegulatory Impact Analysis Wastes treated. SDWAÐSafe Drinking Water Act A. Carbamates TCÐtoxicity characteristic B. Spent Aluminum Potliners (K088) EFFECTIVE DATE: This final rule is TCLPÐToxicity Characteristic Leaching 1. Comments Received on the ``Inherently effective on April 8, 1996, except: Procedure Waste-Like'' Determination Sections 148.18(a), 268.39(a), (b), and TRIÐToxic Release Inventory 2. Comments Received on Regulated (f), which are effective on July 1, 1996; UICÐUnderground Injection Control Constituents and UTSÐUniversal Treatment Standards 3. Comments Received on Data Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15567 4. Comments Received on Technical Basis disposal, or dispose of the waste in a amendments (RCRA sections 3004 (d), for BDAT land disposal unit that has been found (e), and (g)(5)), a task EPA completed VI. Improvements to the Existing Land to satisfy the statutory no migration test. within the statutory timeframe. EPA was Disposal Restrictions Program A no migration unit is one from which also required to promulgate prohibitions A. Completion of Universal Treatment Standards there will be no migration of hazardous and treatment standards for wastes 1. Addition of Constituents to Table 268.48 constituents for as long as the waste identified or listed as hazardous after 2. Wastewater Standard for 1,4±Dioxane remains hazardous. RCRA sections 3004 the date of the 1984 amendments within 3. Revision to the Acetonitrile Standard (d), (e), (f), (g)(5). six months after the listing or B. Aggressive Biological Treatment as The amendments also require the identification takes effect (RCRA section BDAT for Petroleum Refinery Wastes Agency to set levels or methods of 3004(g)(4)). C. Dilution Prohibition treatment, if any, which substantially The Agency did not meet this latter 1. Inorganic Metal-Bearing Wastes diminish the toxicity of the waste or statutory deadline for all of the wastes 2. Inorganic Metal-bearing Wastes Not substantially reduce the likelihood of identified or listed after the 1984 Prohibited Under the LDR Dilution Prohibition migration of hazardous constituents amendments. As a result, a suit was 3. Cyanide-Bearing Wastes from the waste so that short term and filed by the Environmental Defense 4. Table of Inorganic Metal Bearing Wastes long term threats to human health and Fund (EDF). EPA and EDF signed a D. Expansion of Treatment Options That the environment are minimized. RCRA consent decree that establishes a Will Meet the LDR Treatment Standard section 3004(m)(1). To date, the Agency schedule for adopting prohibitions and ``CMBST'' has implemented this provision by treatment standards for newly identified E. Clean Up of 40 CFR Part 268 establishing treatment standards for and listed wastes. (EDF v. Reilly, Cir. 1. Section 268.8 chemical constituents in hazardous No. 89±0598, D.D.C.). EPA also entered 2. Sections 268.10±268.12 3. Section 268.2(f) wastes based on the performance of the into a settlement agreement with the 4. Corrections to Proposed Rule Languages best demonstrated available technology environmental petitioners in Chemical VII. Capacity Determinations (BDAT) to treat the waste. EPA may Waste Management v. EPA, 976 F.2d 2 A. Introduction establish treatment standards as (D.C. Cir. 1992), cert. denied 113 S. Ct. B. Capacity Analysis Results Summary specified technologies, as constituent 1961 (1993) regarding the procedural VIII. State Authority concentration levels in treatment effect of the mandate entered in that A. Applicability of Rules in Authorized residuals, or both. When treatment case. This settlement calls for EPA to States standards