Thursday
October 30, 1980
Part XI
Environmental
Protection Agency
Hazardous Waste Management System:
Identification and Listing of Hazardous
Waste, and Interim Status Standards for
Owners and Operators of Treatment,
Storage, and Disposal Facilities; Final,
Interim, and Proposed Regulations
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,. " i'' ••• ' ,1 Ij ijj " 11 I I '
72024 Federal Register / Vol.45, No. 212 / Thursday, October 30,1980 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY ,. '
40 CFf* Pjirts 260 and 261
JSW FRt, 1642-4]
Hazardous Waste Management
System; General and Identification and
Listing of Hazardous Waste
AGENCY: Environmental Protection
Agency.
ACTION: Interim final amendment to rule
«nd request for comments.
SUMMARY: This regulation amends 40
CFR 261.4 to provide that a hazardous
waste that is generated in a product or
raw material storage tank, transport
vehicle or vessel or in a manufacturing
process unit is not subject to regulation
under 40 CFR Parts 262 through 265 or
Parts 122 through 124 or the
requirements of Section 3010 of the
Resource Conservation and Recovery
Act (RCRA) until it is removed from the
unll in which it was generated,* unless
the unit !n which it is generated is a
Surface impoundment or unless the
hazardous waste remains in the unit for
more than 90 days after the unit ceases
to be operated for the purpose of storing
or transporting product or raw materials
or manufacturing. This regulation also
amends 40 CFR 260.10 to modify the
definition of "generator" so that it
clearly covers persons who remove
hazardous wastes from product or raw
material storage tanks, transport
vehicles or vessels, or manufacturing
process units in which the hazardous
waslo is generated. Finally, this
regulation amends 40 CFR 260.10 to add
definitions for "transport vehicle" and
"vessel." The purpose of this
requirement is to allow persons handling
hazardous wastes sufficient lead time to
prepare lo comply with major new
regulatory requirements. The effect of
these amendments is to reduce the
overall costs, economic impact and
reporting and recordkeeping impacts of
EPA'8 hazardous waste management
regulations.
DATES: Effective Date: For the
amendment to 40 CFR 281.4 and the.
definitions of "transport vehicle" and
"vessel," in 40 CFR 260.10, November 19,
1980.
For the amendment to the definition of
"generator," in 40 CFR 260.10, April 30,
1081.
Comment Date: This amendment is
promulgated as an interim final rule. The
Agency will accept comments on it until
December 29,1980.
ADDRESSES: Comments on the
amendment should be sent to Docket
,Qler)c [Dock"et ..... No. 300 l],"6ffi ce" of ' Sold
Waste (WH-565), U.S. Environmental
Protection Agency, 401 M Street SW.,
Washington, D.C. 20460.
,|i,
For general information, contact Alfred
W. Lindsey, Office of Solid Waste, U.S.
Environmental Protection Agency, 401 M
Street, §W., Washington, D.C. 2Q460,
(202) 755-9i85. For information on
implementation, contact:
Region I, Dennis Huebner, Chief,
Radiation, Waste Management
Branch, John F. Kennedy Building,
Boston, Massachusetts 02203," (617)
223-5777
Region II, Dr. Ernest Regna, Chief, Solid
Waste Branch, 26 Federal Plaza, New
York, New York 10007, (212) 264-0504/
5
Region III, Robert L Allen, Chief,
Hazardous Materials Branch, 6th and
Walnut Streets, Philadelphia,
Pennsylvania 19106, (215) 597-0980
Region IV, James Scarbrough, Chief,
Residuals Management Branch, 345
Courtland Street, N.E., Atlanta,
Georgia 30365, (404) 881-3016
Region V, Karl J. Klepitsch, Jr., Chief,
Waste Management Branch, 230 South
Dearborn Street, Chicago, Illinois
60604, (312) 886-6148
Region VI, R. Stan Jorgensen, Acting
Chief, Solid Waste Branch, 1201 Elm
Street, First International Building,
Dallas, Texas 75270, (214) 787-2645 .
Region VII, Robert L. Morby, Chief,
Hazardous Materials Branch, 324 E.
llth Street, Kansas City, Missouri
64106, (816) 374-3307
Region VIII, Lawrence P. Gazda, Chief,
Waste Management Branch, 1860
Lincoln Street, Denver, Colorado
80203, (303) 837-2221
Region IX, Arnold R. Den, Chief,
Hazardous Materials Branch, 215
Fremont Street, San Francisco,
California 94105, (415) 556-4606 "
Region X, Kenneth D. Feigner, Chief,
Waste Management Branch, 1200
Sixth Avenue, Seattle, Washington
98101, (206) 442-1260.
SUPPLEMENTARY INFORMATION:
I. Amendment to 40 CFR 261.4
On February 26 and May 19, 1980,
EPA" promulgated hazardous waste
regulations in 40 CFR Parts 260 through
265 (45 FR 12721 et seq. and 45 FR 33066
et seq.) and on May 19, 1980,
promulgated consolidated permit
regulations in 40 CFR Parts 122 through
124 (45 FR 33289 et seq.). Section 261.2 of
these regulations provides that a solid
waste is any garbage, refuse or sludge;
or any other waste material which is (1)
discarded or is being accumulated,
gjored pi? physically,- chemically or
biologically treated prior to being
discarded; or (2) has served its original
intended use and sometimes is
discarded; or (3) is a manufacturing or
mining by-product and sometimes is '
"discarded. Section 261.3 provides that a
solid waste becomes a hazardous waste
when (1) it first meets any of the listing
descriptions set forth in Part 261,
Subpart D; or (2) it first becomes a
mixture containing a hazardous waste
listed in Part 261, Subpart D; or (3) it
first exhibits one or more of the
characteristics of hazardous waste
identified in Part 261, Subpart C. Section
261.1 provides that hazardous wastes
identified in Part 261 are subject to
regulation under Parts 262 through 265
and Parts 122 through 124. The effect of
these provisions, particularly § 261.3(b),
is to make hazardous wastes subject to
regulation at the point where they are
generated. The point of generation,
however, may be a product or raw
material storage tank, transport vehicle
or vessel, or a manufacturing process
unit. A literal application of the Part 261
regulations would mean that such units
are hazardous waste storage facilities,
and that their owners and operators
must comply with the notification
requirements of Section 3010 of RCRA,
submit applications for and obtain
permits under Part 122 and comply with
the Interim Status Standards of Part 265
until a permit is issued or denied. An
exception to these requirements is
provided in § 262.34 which states that
hazardous waste may be accumulated
on the site of its generation without a
permit for 90 days or less before it is
removed and transported off-site for
treatment, storage or disposal. For such
accumulation, the owner and operator of
the unit must notify under Section 3010
and comply with § 262.34, including
requirements for containerization,
labelling, marking, inspection and
personnel training.
Many members of the regulated
community have questioned the
Agency's intent and wisdom in
regulating those units in which
hazardous wastes are first generated.
These people claim that such units only
incidentally hold or treat hazardous
wastes and thus should not be subject to
the regulations. They contend that such
hazardous wastes do not pose a hazard
to human health or the environment
while they remain in these units.
Commenters on this issue provided
several examples of units in which
hazardous wastes are generated which
currently appear to be, perhaps
unnecessarily, subject to the regulations.
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Federal Register: / Vol. 4& No. 212 / Thursday, October 30, 1980" / Rules and Regulations 72025'
The..bulk" storage4 of crude: oil: and even
refined petroleum products,. such as:
gasoline, frequently. produces:a;sludge ,
or sediment that periodically, must be
removed. These sludge/ and, sediments' ':
are solid wastes under § 261.2 and
frequently may be-hazardous wastes .
. either because they are listed (see EPA
Hazardous Waste Number K052 in
§ 261.32) or because they exhibit one or
more of the characteristics Of hazardous
wastes identified in Part 261, Subpart C.
The generation of sludges'.and residues
that are hazardous wastes also can
occur in the storage of other products
and raw materials.
Similarly, sludge's and residues are
frequently produced in tank trucks, rail
tank cars and the tanks or holds of ships
and barges that have carried products or
raw materials (which are-not hazardous
wastes). These sludges and residues are
periodically removed through washing,
of the tanks of these transport vehicles
and vessels. They are solid wastes and
occasionally are hazardous wastes for
the same reasons stated above. Where
these sludges and residues are
hazardous waste's, these vehicles: and. ,
vessels technically are hazardous waste
storage facilities subject to regulation
prior to the removal of the hazardous
waste. • . /
Other examples occur, in a great many
. manufacturing, processes, where
hazardous wastes are generated in
.process units, such as distillation
columns, flotation units,, and discharge ;
trays of screens and'in associated non-
wastertreatment process units such as
cooling towers. Many of these
hazardous wastes are listed in {*§ 261.31..
and 261.32 (e.g., EPA Hazardous Waste
Numbers K009 and K010 in §* 261.32). ^
Others, are hazardous wastes because
they exhibit one or more characteristics
of hazardous wastes (see 40 CFRPart
261, Subpart C). These hazardous
wastes.reside in these process units for
some period of time—sometimes .only
minutes, other times for hours or days—
and technically cause these units to be
hazardous waste storage facilities
suhjectto regulation. ,
Except for surface impoundments, and
non-operating units, EPA did not intend
to regulate product and raw material
storage tanks, transport vehicles and
vessels or manufacturing process units
in which-hazardous wastes-are.
generated. As jepresented by the above ;
examples, most of these units are tanks.
or tank-like units [e.g., distillation units)
which are designed and operated to hold
valuable products or raw.materials in
storage or transportation, or during;
manufacturing. Because of their design
and operation, these units.are. capable- of
holding, and are typicallyoperated to
hold, the hazardous wastes which are
generated in them; until the wastes: are
purposefully removed. Thus, these
hazardous wastes are contained against;
release into the environment (except, of
course.iwhen abnormal circumstances
such as: fire or, explosion.pccur) and the
risks they pose to humanJhealth-or the
environment.are very low and are only
incidental to the risks posed^by the
valuable product or raw material with
which they are associated.;Based on
these conclusions, EPA believes it is not
necessary, except as;noted below, to
require owners-and operators of; these
units to obtain permits.for these units or
to comply with the requirements of '
§ 262.34 or Parts 264 or 265: with respect
to these units. . "
Except where the unltis: a surface
impoundment or is not operating, as
discussed below, the Agency believes
that the hazardous waste generated in
such a unit should only be subject to
regulation when it is removed from.the
unit. In most cases, it is only after the
removal of hazardous wastes from these
units that .the waste's have: the; potential
for releasing hazardous constituents into
the environment,and posing a
substantial hazard to human health, or
the environment. •
A.s one exception.to the foregoing,
EPA does not believe that surface;
impoundments, in which:hazardous
wastes are generated should be
exempted from the regulations. These
units, by definition (see 40 CFR 26o;iO),
are formed in or constructed of earthen
materials, and often may not be lined;
with impermeable materials: capable of
preventing leaching. Any hazardous
wastes generated:and accumulated or .
stored in these units will have a much
greater potential to leach, lealcor:
otherwise escape from these units into
the environment than those: hazardous .
wastes generated and contained in the
tanks and tank-like: units discussed
above. Because ofthis greater potential
for release into the/environment, the.
Agency believes that the hazardous
wastes-generated in surface
impoundments may'pose a substantial.
hazard to human health or the
environment and therefore warrant
regulation even while they remain in the
impoundment. Such regulation.will
ensure that the impoundment is properly
constructed, lined, inspected and;
operated, and that groundwater
monitoring is performed.
As a second exception; to the;
foregoing, EPA.does not believe that
hazardous wastes;generated'in.
manufacturuig.process units,.or product
or raw material storage tanks, transport
vehicles'or vessels should be exempted
from: regulationwhen.theserwastes
remain in the.units after they have
ceased tobe operated fbr:the;primary
purpose of manufacturing: or product or
raw materials storage or: transportation. ,
EPA believes;that when operation "
ceases, the incentive .to maintain the
integrity of the unit to prevent leaks or
• other unintended releasei of products,
raw materials or manufacturing
intermediates into the environment is
substantially reduced. Consequently, the
incentive to maintain the unit to prevent'
leaks or release, of hazardous Wastes
which may remaui in the unit after
cessation of operation would also be
substantially reduced. As stated.above,
the rationale for exempting hazardous
waste frpm regulation while it remains
in the unit mwhich'it was generated is
that the unitwillhaye structural -
integrity againsirelease's and,will be
operated to prevent such releases. The
Agency believes, that this rationale does •
not hold after cessation of operation.
EPA recognizes that manufacturing
units and product and raw material
storage tanks; transport vehicles and
vessels are, occasionally taken out of
operation for temporary periods that
may range from days, to months,.and
sometimes,years,.because of temporary
declines in business or other, business
reasons. Units may also be taken out of
operation for maintetiance'or repair.
During these temporary shutdowns,
hazardous wastes may remain in these/
units. The Agency also recognizes that
these units maybe, permanently taken
out of operation-and'hazardous wastes
may remamin them for some period'of •
time after shutdown. Eor both temporary
and permanent shutdowns, the Agency .
will allow a reasonable time to remove
any hazardous wastes thatrremaln in the
unit after operation ceases. Given the
presumption that the unit has integrity
before cessation of operation, the
Agency believes that a reasonable time '
is 90 days. This time also is consistent
with the 90-day; accumulation period
allowed under § 262.34. If hazardous
wastes remain in these units more than
90 days after Cessation-of operation,
EPA believes that these; wastes should.
be fully regulated'and that the units
should be regulated as-hazardous waste
storage facilities. Thus, at.that-point, the
'owner and operator of the-Unit. would
have to have interim status and comply
with the Interim Status Standards: of
Part 265 or have a permit under Part 122!
and comply with permit'conditions.
Based on the fOregoing;assessment;
EPA, in this"rulemaking:action, is
amending the'regulations by adding an
exclusion provision to § 261.4 which
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72026 Federal Register 7 Vol- 45, No. 212 / Thursday, October 30, 1980 / Rules and Regulations
provides that a hazardous waste which
is generated in a manufacturing process
unit or an associated non-waste
treatment unit, or in a product or raw
material storage tank, transport vehicle
or vessel is not subject to regulation
under Parts 262 through 265 or Parts 122
through 124 or the notification
requirements of Section 3010 of RCRA
until It is removed from the unit in which
it is generated, unless the unit is a
surface Impoundment or unless the
hazardous waste remains in the unit for
more than(90 days after the unit ceases
to be operated for the purpose of
manufacturing, or storing or transporting
product or raw materials.
II. Definition of Transport Vehicle anil
Vessel i
Xs Jniicated in the above discussion,
this amendment deals with hazardous
wastes that are generated in product or
raw material transport vehicle^ and
vessels, as well as those generated in
manufacturing units and product or raw
material storage tanks. Because the
terms "transport vehicle" and "vessel"
4r^ not currently defined in § 260.10, »
."definitions of these terms are included
in this amendment. These definitions are
the same as those in the Department of
Transportation regulations governing
the'transportation of hazardous
materials {see 49 CFR 171.8).
III. Generator Responsibilities and
Amendment to 40 CFR 260.10
Many members of the regulated
community also have asked the
question: Who is the generator of
hazardous wastes that are generated in
manufacturing process units or in
product or raw material storage tanks,
transport vehicles or vessels? These
persons point out that, with respect to
stationary product and raw material
storage tanks, it is quite common for one
person to own and operate the storage
lank, a second person to own the
product or raw material being stored,
and a third person (usually under
contracT £o»either the first or second
person) to remove and dispose of
sludges, sediments and residues that
may have been formed in the tank. It
also is .common for the owner and
operator of the tanlc to also own the
stored product or raw material, but to
hire another person to remove and
dispose of sediments and residues
formed in the tanks. There are
situations, of course, where the three
parties are one person, or where more
than three parties are Involved.
The same scenarios occur with
respect to tank trucks, rail cars, and
ships and barges. However, these
scenarios are commonly complicated by
two additional practices. Oftentimes
these transport vehicles or vessels are
taken to a central facility for removal of
sediment and residues and attendant
tank washing or cleaning. Frequently,
this central facility is owned or operated
by a person other than the owner or
operator of the vehicle or vessel and,
even more frequently, other than the
owner of the product or raw material
that produced the sediment or residue.
Secondly, the residue or sediment
cleaned and removed from a vehicle or
vessel may have been produced by two
or more products, thus bringing into the
picture additional parties—'the owners -
of two or more products. This situation
catfalso occur, but is less common, with
stationary storage tanks.
With respect to manufacturing units,
the situation typically is not
complicated. Usually, the same person
owns and operates the unit, owns the
manufacturing materials that may ,
generate a hazardous waste and
removes any hazardous wastes
generated in the unit. However, there
are situations where two or more parties
are involved. One such situation is
where a second party is periodically
retained to clean a unit. Another
situation is where the hazardous waste
is produced by the processing of
materials that are owned by two or
more persons. This occurs in the
reclaiming of spent solvents and spent
catalysts where the reclaimer custom-
pMcesses batches of spent material
without taking ownership of the ••
material.
The definition of "generator" in
§ 260.10 is "any person, by site, whose
act or process produces hazardous
waste identified or listed in Part
261 * " *." This definition suggests that
the operator of a manufacturing process
unit or a product or raw material storage
tank, transport vehicle or vessel is a
generator of a hazardous waste because
it is his "act" of storage- or
transportation or his "process" of
manufacturing that produces the
hazardous waste. In the case of storage
or transportation, the act of holding the
product or raw material enables settling
of heavy fractions of material to create
hazardous waste sludges or sediments
and enables hazardous waste residues
to adhere to the tank. In the case of
manufacturing processes, the process of
manufacturing produces the hazardous
' wastes. :
* The owner of the product or raw
material being stored or transported and
the owner of the materials being
manufactured also fit the definition of
"generator" of the hazardous waste
because their "acts" cause the product
or material to be stored, transported or
manufactured which leads to the
generation of the hazardous wastes.
Additionally, it is constituents in their
product or material that "produce" a
hazardous waste.
The definition of generator,
particularly when read in conjunction
with the amendment discussed above,
also fits the person removing the
hazardous waste from a manufacturing
process unit or a product or raw
material storage tank, transport vehicle
or vessel. Although often it is not his
"act or process" that produces the
hazardous waste, it is his act that
causes the hazardous waste to become
subject to regulation (except where it is
generated in a surface impoundment or
remains in a non^operating unit for more
than 90 days after cessation of
operation)..*
The definition of generator, depending
on the particular factual situation, can
include all of the parties discussed
above. Both the operator of a
manufacturing process unit, or a product
or raw material storage tank, transport
vehicle or vessel, and the owner of the
product or raw material act jointly to
produce the hazardous waste generated
therein, and the person who removes the
hazardous waste from a tank, vehicle,
vessel or manufacturing process unit
subjects it to regulation. All three
parties are involved and EPA believes
that all three (and any others who fit the
definition of "generator") have the
responsibilities of a generator.
Because all three parties contribute to
the generation of a hazardous waste and
because none of the parties stands out
in all cases as the predominant
contributor, the Agency has concluded
that the three parties should be jointly
and severally liable as generators. The
Agency will, of course, be satisfied if
one of the three parties assumes and
performs the duties of the generator on
behalf of all of the parties. In fact, the
Agency prefers and encourages such
action and recommends that, where two
or more parties are involved, they
should mutually agree to have one party
perform the generator duties. Where this
is done, the Agency will look to that
designated party to perform the
generator responsibilities. Nevertheless,
EPA reserves the right to enforce against
any and all persons who fit the
definition of "generator" in & particular
caseif the requirements of .Part 262 are
not adequately met, providing such
enforcement is equitable and in the
public interest.
.Given this cgnclusign,, the Agency
belijivesitjfias&jioSiigatipn.to.giye ,
guidance to the regulated community on
who it prefers to assume the generator
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Fgderal Register / Vol. 45, No. 212 / Thursday, October 30, 1980 / Rules and Regulations 72027
responsibilities and to whom it will;
initially look to perform the generator
duties where more than one. party is
involved and where EPA-does not know*
which party, by -mutual agreement, is •
appointed to carry put the generator •
duties, or where no party has been so
designated. In the: case of hazardous
. wastes generatediin a"stationary
product or raw material storage tank,
EPA will initially look to tlie operator of
the tank to perform the generator
responsibilities. EPA believes=that this
party is in the best-position to.perform
the,generator responsibilities. The
operator typically"is,on-site and Can -"
determine when a tank contains sludges
or residues that may be hazardous'
wastes'. He certainly knows or ought to
know when these sludges and residues-
are being removed and, itherefore, when
they become: subjecttb-Eegulatibn, if:
they are a hazardous waste. Because he
is typically on-site* he is in a good
position to carry out those duties of a:
generator which-practically must be.
performed on-site. These'include
determining'whether a hazardous waste'
exists {& 262.11), initiating a manifest for
off-site shipment (Part 262, Subpart B)
and performing the pre-transportation '
requirements of packaging, labeling and
marking (Part 262, Subpart C).
For hazardous wastes generated in a
• manufacturing process unit, EPA will
initially look;to the operator of the unit
to fulfill the generator duties for the
' same reasons: described above.
For hazardous.wastes generated in a
product or raw material transport
vehicle, or vessel.which are removed at a
central faculty which is operated7 to
remove'sedlments and residues from
such vehicleS;Or vessels, the Agency will
initially look to the" operaforof the
central facility to perform the generator
duties. Following the reasoning outlined
above, the Ageftcy believes that .the _
operator of a central facility is the party
best able to perfbrm the generator
duties. Where hazardous wastes
generated in product or raw material
transport vehicles or vessels are npt
removed at a central facility, the'Agency
will look to the operator of the vehicle
or vessel to perform the generator
duties. '.',":• .
As .discussed above, the person who
removes hazardous waste from a
^ manufacturing process unit or a product
' or raw materials ;sterage tank, transport
vehicle or vessel will be jointly and
severally liable, along with the owoier
and operator of the tank, vehicle, vessel
•;Or unit and the owner of the product or
raw material, as a.generator. To clarify
that such persons are included in the
definition of generator, the Agency, in
this rulemaking action, is amending the
definition of "generator" in §, 260.10 by
addihg'a final clause so that the
definition reads,"* * * any person, by
site, whose'act or process produces a
hazardous waste'identified or: listed'in
Part 261,of this Chapter or whose act:
first causes a hazardous'waste to
become subject to regulatipn".":
IV. Accumulation of Hazardous Wastes
A number of questions have been
.asked1 about whether unhazardous
wastes removed from product -or raw
material-storage tanks; transport
vehicles or vessels or manufacturing-
process units "can be accumulated on-
site without a permit for up to 90 days
after removal and prior;to off-site
transport in accordance with §262.34
Because today's amendment to §261.4
subjects such hazardous wastes to ,,
regulation only after they are removed
from such tanks, vehicles, vessels pr
units and because there often will be a
need to. accumulate the removed wastes
until a sufficientquantitjrcan be
obtained for off-site transport,vthe
Agency believes that the 90-day
accumulation provisions of §262.34
should be available: to the generators of
these hazardous wastes; except where
these wastes are generated in a; surface
impoundment ot the wastes remain in
the unit mtire than 90 days following >
cessation of operation of the unit
^ This allowance: of 90-day
accumulation: iivithout a permit is
available" to any of the persons who. are
generators, even though the party
accumulating the waste on-site may not
own or operate the site: This allowance
only applies where the accumulation
occurs on the site where the removal of
hazardous waste from the tank, vehicle,
vessel or unit takes place; all of the
other conditions and requirements of
§ 262.34 must, of course, be met. The,S0-
day:accumulation period staj-ts when
the hazardous waste is removed from"
the tank, vehicle, vessel or unit, except
in the case where, a tank, vehicle, vessel
or unit ceases to be operated for its
primary purpose, in which case the
period starts when operation ceases;
V. Notification and EPA Identification
Dumber Requirements
A number of questionSfhave been
asked about how the notification
requirements of Section.3010 of RCRA.
and the EPA Identification Number
requirements of §262,112 apply to;
generators of hazardous wastes
generated in manufacturing process .
units or product or raw material storage
tanks, transport vehicles or vessels.
Today's amendment to,§261.4 provides
that such wastes (not including;those.
• generated in surface, impoundments or
retained for more than: go days in non-
operating units) are not subject to
regulation, including.section 3010 '
notification,, until they exit the units in
which they are generated. Thus, only
those wastes that are removed during a
future, notification: period are subject to
notification. ...
Section 262:12, though, required that a
generator must not treat, store," dispose'
of,'transport or offer for transportation a
hazardous waste without haying1 an EPA
Identification Number. Section 260.10
defines a "generator" to be a person "by
site" who generates wastes. Therefore a~
generator must have a: separate" EPA
Identification Numbei>'for,'each site at
- which he'generates hazardous wastes.
Where two: or, more personsiare
generators,-, as, discussed.ahove, the
person who performs the duties of a
generator'mustrhave and:use; an EP.A
. Identification Number for the site, at
which hazardous.wastes are removed
from a tank, vehicle, vessel or unit.,
Thus,,i£"the operator of tfie. tank, vehicle,
. vessel or unit performs the generator
duties,,he must have an EPA
Identification Number for the facility
and can use.that'number with respect tbj
the management of'all: of his hazardous
waste generated'at thatfacility; If the
owner of the product; or raw material
performs the'duties; of the generator, he;
must have and use an EPA" identification
Number for the site at which the
hazardous waste-is generated;.if he"
owns products being stored or
processed:at: several sites, .he must have
and use:a separate EPA Identification:
Number.for each site.,If the person who
removes hazardous. wastes:from.tanks:
or units performs the generator duties,
he must have:a separate EPA.
Identification Number,for-:each site.at
which!he performs these duties.
VI. Effective Date
Section 30lti(b) of RGRA provides that
EPA's hazardous waste regulations and
revisions thereto take effect six months
after their promulgation. The purpose of
• this requirement is. to allow persons
handling hazardous wastes sufficient
lead time to prepare to eomply!with-
.majbr new regulatory requirements: For
the amendment to § 261v4 promulgated
today, however, the Agency believes,
that an effective date.six months after
promulgation would cause, substantial"
and unnecessary disruption hvthe,
implementationiof the regulations and
would be: counterproductive: for. the:
regulated community and: the public.;
The regulatory provisions that these
amendments modify take effect on
November, 19,1980. In the absence of the
effectuation of these amendments*.
-------
72028
Federal Register / Vol. 45. No. 212 / Thursday, October 30, I98o" / Rules and Regulations
operators of a large number of product
and raw material storage tanks,
transport vehicles and vessels, and
manufacturing process units in which
hazardous wastes are generated would
have to prepare to operate these
facilities as hazardous waste storage
facilities on and after November 19,
10^0. This would involve preparation
and submission of a Part A permit
application, preparatlori of a
contingency plan and implementation of
a number of administrative and
operational practices required by Part
205 for hazardous waste storage
facilities, the Agency believes it makes
little sense to allow these requirements
promulgated on May 19 to become
effective on November 19,1980, and
then have them substantially modified
on a subsequent date, i.e., the six-month
effective date for these amendments.
The amendment to § 261.4 in effect
suspends regulation of certain facilities
by clarifying when certain hazardous
wastes are first subject to the hazardous
waste regulations. This lessening of
regulatory requirements surely is not the
type of revision to regulations that
Congress had in mind when it provided
a six-month delay between the
promulgation and the effective date of
revisions to regulations. Consequently,
the Agency is setting an effective date of
November 19,, I960, for the jamendment
to § 261.4 promulgated in this
rulernakmg action,
The definitions of "transport vehicle"
and ''vessel" are necessary for an
understanding of the amendment to
| 261.4 and consequently they too have
an effective date of November 19,1980. ,
EPA is making the amendment to the
definition of "generator" effective six
months after promulgation, as provided
In Section 30lb(b) of RCRA. Although
many persons who remove hazardous
wastes from manufacturing units or from
product or raw material storage tanks,
vehicles or* vessels, recognized that in
certain situations they fell within the
May 19,1980, definition of generators,
the amendment to the definition will
probably make some additional persons
generators. These people undoubtedly
deserve the six month lead time that
Congress provided in Section 3010(b).
All persons who fit the May 19
definition of "generator" must comply
with all applicable generator
requirements on November 19,1980.
Only those persons who are made
generators by today's amendment to the
definition have an additional six months
before they must cbmply with Part 262
requirements.
VII. Regulatory Impacts
The effect of these amendments is to
reduce the overall costs, economic
impact and reporting and recordkeeping
impacts of EPA's hazardous waste
management regulations. This is
achieved by removing from regulation as
storage facilities product and raw
materials storage tanks, transport
vehicles and vessels, and manufacturing
process units that generate hazardous
waste. The Agency is unable to estimate
these cost and impact reductions
because it does not have an estimate of
the number of such tanks and units that
otherwise would be regulated. For the
reasons already discussed,
notwithstanding these cost and impact
reductions, the Agency believes that
human health and environmental
protection will not be reduced by this
action.
VIII. Request for Comments
The Agency invites comments on all
aspects of these amendments and on all
of the issues discussed in this preamble,
including the interpretation of '
"generator," the allowance of 90-day
accumulation to all generators, and the
notification and EPA Identification
Number requirements. EPA is providing
a 60-day comment period.
The Agency also invites comments on
whether the amendment should also
apply to hazardous wastes generated in
product or raw material containers other
than transportation vehicles and vessels
(see ,| 260.10 for definition of the term
"containers"). The Agency has not
applied this amendment to such
hazardous wastes because it is not
aware that significant amounts of
hazardous wastes are generated in
product or raw material containers
(exclusive of transportation vehicles or
vessels).
The Agency recognizes that a wide
variety of situations exist in the real
world, and it is anxious to make its
regulations and regulatory
interpretations reasonable, *
understandable, and capable of
implementation. The Agency can only
do this by learning of situations where
the regulations do not work well.
, Dated: October 24,1980. '
Douglas M. Costle,
Administrator.
Title 40 of the Code of Federal
Regulations is amended as follows:
1. Add the following paragraph (c) to
§ 261.4:
Jt
§261.4 Exclusions.
ft * * A *
(c) Hazardous wastes which are
exempted from certain regulations. A
hazardous waste which is generated in a
product or raw material storage tank, a
product or raw material transport
vehicle or vessel, or in a manufacturing
process unit or an associated non-
waste-treatment manufacturing unit, is
not subject to regulation under Parts 262
through 265 and Parts 122 through 124 of
this chapter or to the notification
requirements of Section 3010 of RCRA
until it exits the unit in which it was
generated, unless the unit is a surface
impoundment, or unless the hazardous
waste remains in the unit more than 90
days after the unit ceases to be operated
for manufacturing, or for storage or
transportation or product or raw
materials.
§260.10 [Amended]
2. Amend the definition of
"Generator" in § 260.10 to read as
follows:
* * * V* *
Generator means any person, by site,
whose act or process produces
hazardous waste identified or listed in
Part 261 of this chapter or whose act
first causes a hazardous waste to
become subject to regulation.
* » * * *
3. Add the following definitions to
§ 260.10:
***** ' ,
"Transport vehicle" means a motor
vehicle or rail car used for the
transportation of cargo by any mode.
• Each cargo-carrying body (trailer,
railroad freight car, etc.) is a,separate
transport vehicle. "Vessel" includes
every description of watercraft, used or
capable of being used as a means of
transportation on the water.
[FR Doc. 80-33808 Filed 10-29-80; 8:45 am)
BILLING CODE 6560-30-M
-------
Federal'Kegrster; //ybl.,45, .No> 212- /•' Thursday; QctoBep 30/1980: /> Proposed
ENVIRONMENT^!: PRQTEGTION
AGENCY'
40'CFHtPart 281* .
[SWFRO-163SS13J? .::••..•..••-
Hararcfous'Waste Management! ~"~
System^ldehtificatfoniatKiaJsting-of;
HazardousWastes:
AGENCY; EnvironmentarProtection •-
Agency; .
ACTION: Proposed rule.
SUMMARY: Pursuant to'Se^tion-3001 of?
the Resource^Goirservatibn'and
Recovery'A!ctlofr1976r as' amended'
(RCRA), thVEhvifonmental Protection
Agency is'proposing'tb amendine
characteristic :of Extraction Procedure
(EP) toxicity (40X3FR 261.24; 45'FR'
33122] !tb "apply; to 'hexavalent chromium;
instead'of-'tfatal'cKromium. Ttie effect of:
am'endlng;thV EP toxicity'characteristic-
will ,be't6"n"aTrQw th'e'scope:of the'-EP"'
characteristic;' makihyit "applicable tb'a
more limited category of •chromium-
containing"wa-stes; Th'ese'wastes1 will
then be subject ta"the~mana"geirrent: ;
standards-issued" by 'EPAjirrder Sectionst
3002 throxtgh-3006"srrd;3010 of RCRA ,
(Parts 262;throughl'265V 122 through 124 .
of this Ghapter:atid-45FR 12746); Assart-
of this propxfsal; the'Agencyls'proposihg*
a new'analyticalmethVdfbr use•irr
analyzi^g; wa:ste"extracts' fbrthe'
presence of nexavalent'chromium:
DATES: ERA-will:accept public. .
comments on the proposed amendment
untirDecemHer .30^ 19$0r Any, person
may request,a h'earifigpn'th'is proposal'.
by'filing"a request with Jphn'P.'L'ehman,.
whose address, appears below, by
November 2D;M98"Ot'the request'musf '
contain the information prescribed'in
§ 260.20(d) of this chapter.
ADDRESSES: Comments'should'be
addressed*td 'Docket"Glerlci Office' of»
Solid. Wa.ste [WH*-562],,U.fS.-
Environmental Protection -Agency; 401 Mil
Street;,SW;, Washington; D.G. 20460.
Reqyests for: healing should ,b"e
addressed to JphnP;,Lehman,Director;.
Hazardous: and Industrial Waste
Division, Office: of Solid Waste [WH-
565], ILS. Environmental-protection
Agency, Washington, D.C -20460.
Communications, should lidentify/the •
regulatory 'docket number; "Section 3001
chromium standard."
The public docket for this proposed
rulemaking iSilbcatedinrRoofli 2711,-U.!S.
Environmental Protection- Agencyr 401 M:
St.VSW:.%Wash'iiigton; D.d. 20460 an'djis;
available fbr.viewing.ffom 9:00"a.m.-ta,
4:00 n,m.-, Monday; thEoughiEriday,.
excluding holidays;
FOR FUfiTHER- INFORMATION CONTACT;
Matthew AvStfausf 0fffce=of:'SpHd;
Waste [WH-565], U.Sr Ehyirqnmental"
'
Washington? i5,G; 20460;. (202} 755--9i87; .
SUPPLEMENTARY INFORMATION: The
Environmental Protection •Agencyiis'
proposing^ today, to'iamend ^the
characteristic .of -£P" tbxicity, (4o:GFR'
261.24,- ,4S"ER"33122):tb apply; to .
hexavalent xKromiiim instead=of total*
cHromium. TKis.preamb'le.describes tKe
reasons, for : th'isrproposed'am'endment.v
the precise.standard being, proposed,
and a proposed'new, analytical method:
for distinguishihgjbetweenJri- and.
hexavalent .chromium;
IlBasis For a Distinction' in the
Hazardous Waste Management
Regulations Between Thef Different '
Valence States of 'Ghromium-
. On Ktay 19 and; Jiily,16,_:1980; EPA
publislied'itsdnitial'regulations-
implementing-Section,3001-of.the
Resource-Cbnservatibn^ind Recovery,
Act of i976lRCRA;); as. amended (see, 45,
FR 330845and 47832). These regulations,
define.the scop.e.-ofia comprehensive
Federal and State-program to ^effectively
control-themanagementoffhazardbus.
wastes..
Under the'se-regulations,- a, solid waste"
becomes ,subj ect to , the. hazardous ^waste
management .system.in. either of .two..
ways: the.speclfic.wasteJslisteddhPart'
261 Subpart D (45 FR 33122-33124), , or
exhibits any of the characteristics of
hasiardous'waste identified in Subpart'G
(45 FR 33121^122)? Thff-criteria for listing'
hazardous wastesrand".the;characteristic
of EP-toxicity 'are ;based..upon. the; total
chromium" present ".ihsthejwastecand'in
the waste extract respectively,' without ;
differentiating the :type:'af 'chromium
presentT.These;regtilations*thus:spBcify,
"chrpmium.:a]rd:cqmpounds,i hhO-Sv" as:
hazardbusrconstituents ;f Or purposesrof
listing-hB2"ardouSi.wa"stes;(iise:Ap"p;en"dix.
VJILto:Part261,',45;ERCat 33132); .and'"
specify a~maximvim:concentrationr;level .
for "chromium" 'wherrideutifying; waistes *
by, means of, 'the;EP toxicity; '
characteristic:.(See;|s 261.24^ 45 ER'at
33122i) A-numb"er,rof wastes listed in the
May and July ragulation's'-contain •
chromium -as a. constituent?of concertf
(specifically EPA-Hazardous Waste Nosi
F006, K002-008, K048^05i; K05'3*058,'
K061-063; K069; K074,' Kg78rp82, K086,
and Kp9,OfQ92!)« Addifibnal wastes-raire
exi3ect^ditb;beidentified"«s hazardous
Because -they fairtherEP 'tbxicityj.
characteristic idr"ch"romium.
(Shromium; however ."i.occars- in-a"1 • • ••' •' •
number-tifivalence^tates, of wKich':the:-
trivalent^GrifUI)) and.the"hexavslents
(Cr (Vi))^are,environmentallyr
significanti17Theas'if.;they'
contam:hexavalent toKromium.-
The Agency, has reviewed these'*
,comm"ents7carefully,' and'has-'conducte'd
its-own" investiga'tibn-of'this'questibn in-'
promulgatingithe=regulatibns"and-in •
response1 to "the1 comme'ntsv W& believe'
that-th&;toxioity'an'd'envifo'nm'ental'fate"
of'tf iValent chromium merits further:
study, and'we tatend'tb investigate-
these-questibns'furth'er. It'is'iour7
conclusion, However;- that at the present^
time the hazardous:wa:ste management5
regulatibns"sKould;be amended" to'-reflect'
a distirrction'b'etween''trivalent'and':
hexavalent cKrbmium; I;he:principal' .:.
points 'ofidistiftctioffbetweert the'two
types of chromium"which we'believe-
justify this regulatory.'amendm'ent^aTe^
the differifigtdxtGities andHhe differing-:
potentials-fbr'migratioH'and'mobility of'
chromium (III)-and .chrqmiuffl'(yi), -and '•
therapp'arentlow likelihood that;
trivalent"cHromium-will;oxidize to;
hexavalefat'chromium under most? .
plausibly-occurrihg" types ;ofiimproper!
waste TnanageMertt^Theseidistinctions;
are. discussed in more ;detai.l !belbw..
A. DJstmctipnsJh tHe. Environtnental
Hazards.Eosedtiy/Tfivalentand'
Hexavalent.CJfromium
It is generally agreed among;the:
scientific,'cbmmunity.*thatthe;available
data'showrthatrtrivalent .chromiumrfsi
less toxicthantheiHexavalent form; The;
carcinogenicity of rvarrous: hexavalent:
chromium compounds in human ;and.
.animal models has been well
documented (NASi 1974;' NIO'SH;: 1975;
U.S. EPA, 1978). EPA's'Carcinogen"
Assessment iGfoup (GAG) has?
determin'ed:thatithereiis:substantiali
evidence that hexavalentichromium:
compoundstaf e carcinogenic tanan.
Data onithe;carcin"ogenicity»of, tnvalent.
chromium:aTedriade'qua.te: There ;have".
been no epidemlolagical!studies:om
woTkersrusing;trivalent:chromium' .
compounds; iatsishowed^aiweak-i
carciHbgenic:respon"seit03chromium'"(ni)
1 ChMmiuntvaleneeiBtateS of>-r?Cto;+.Oli&ve3 :
been reported, tut Most of?thesetarg'toor ynstable:to.»
be of!significance ih-bipjogical and environmental.
processes. See generally, V.S.:'BPAf'WatSi<-IfSlated"
Environntentol-fati'offlS&ffiority.PalliMtits-.ViA.
I, EPAi440/4i784)2Sa (1978)-.'
-------
72030 Federal Register / Vol. 45, No. 212 / Thursday, October 30, 1980 / Proposed Rules
acetate. (Hueper and Payne, 1962;
Mallont. J974).
It fs further agreed that only
hexavalent chromium presently is
known to pose a serious threat of
mutagenicity. Chromuim compounds
induce chromosomal abberrations in
human and animal leukocytes, and
, mutations in bacteria and yeasts (EPA,
1978; PetrilU and deFlora, 1977,1978;
Nakumoro, 1978). in these studies,
trivalent chromium compounds have a
weak response, while hexavalent
compounds show significantly higher
activity.
Acute and chronic toxicity problems
associated with exposure to hexavalent
chromium include penetrating skin
ulcers, perforation of the nasal septum,
|nfianit^ation of the larynx, as well as
Sarnage to Kidneys and lungs. (Casarett
and Doull, 1979; WAS, 1974; NIpSH,
1975; BovettetaL, 1977.) these effects
' do not occur upon exposure to
chromium (III). Hie only well-
documented adverse consequence of
exposure to trivalent chrome is allergic
* dermatitis (also a property of
Hexavalent chromium compounds)
(Casarett and Doull. 1979)*
Various direct applications of
Irivalent chromium to humans are
actually considered to be desirable.
Trivalent chromium is required for
proper metabolic functioning. It serves
as a cofactor for the action of insulin,
and is necessary for normal glucose
utilization (Toepfer, et al., 1977). The
Food and Drug Administration also has
approved thejise of trivalent chromium-
containing pigments in cosmetics. (21
CFR 73.2326 and 73.2327.) No such
applications of hexavalent chrome have
been approved, nor are they considered
to be beneficial.
Thus, at the present time, there are
well-recognized distinctions between
the human health and environmental
hazards posed by tri- and hexavalent
chromium.
B. Ptfigratory Potentials of Trivalent and
Hexavalont Chromium
Trivalent chromium appears to have
significantly lower migratory potential
than hexavalent chromium, and to have
significantly less mobility should it
migrate from a waste matrix. Most
trivalent chromium salts are virtually
insoluble. Trivalent chromium,
moreover, is strongly adsorbed by clays
and by organic soil materials (U.S. EPA,
1978, Bartlett, 1976; and Griffin, 1979),
decreasing the possibility of exposure
via a groundwater exposure pathway
even If migration occurs. In contrast,
' * Viirimit aquatic species likewise are more'
«u»cc|itil!r to I'ic hexavaicrtl form of chromium,
hexavalent chromium salts are very
soluble and therefore have high
migratory potential,
Groundwater and leachate monitoring
data submitted by various leather
tanners appear to confirm the relative
immobility of trivalent chromium under
normally-occurring waste disposal
conditions. (See, e.g., Comments of
Tanners' .Qouncil of.America, August 18,
1980, pp. 7-13; Comments of Dr. Robert
M. Lollar, Technical Director of Tanners'
Council, August 12,1980, pp. 6-7.) In
addition, the Agency has obtained
groundwater and leachate monitoring
data from sites accepting large
quantities of tannery waste (which
wastes contain high concentrations of
trivalent chrome), in some cases for long
periods of time (from 20 to 86 years).
These sites show no evidence of
chromium contamjnaJlQnpf
groundwater. (Comments of Berwick
Sewer District, June 30,1980; Comments
of Irving Tanning Co., July 15,1980.)
Groundwater contamination did not
occur even in cases of prolonged worst-
case management of trivalent chromium-
containing wastes (see Comments of
Wolverine World Wide, Inc., August 15,
1980, Attachment 1, pp. 2, 9-13
(improperly sited landfill with high
water table and permeable soil co-
disposfng tannery wastes with other
industrial wastes without any particular
precautions still does not show evidence
of trivalent chromium groundwater
contamination)).
C. Potential of Trivalent Chromium to
Oxidize to Hexavalent Chromium
In developing the present regulatory
regime based upon total chromium, the
Agency was aware of the differing
potentials for hazard of tri- and
hexavent chromium, and also of their
differing migratory potentials. Our
concern was that trivalent chromium,
under waste management conditions,
could oxidize to the hexavalent form,
which would render,it highly mobile and
toxic. (See, e.g., U.S. EPA, Listing
Background Document for Leather
Tanning and Finishing Industry, pp. 733-
34, May 2,1980.) Further analysis
indicates, however, that such oxidation
is not likely to occur under most waste
management practices. Although the
oxidation of trivalent chromium can
occur on a theoretical basis (Carlin,
1965; U.S. EPA, 1977), oxidation is
unlikely to occur'in normal land
disposal situations. Thus, oxidation does
not take place except under alkaline and
aerobic conditions (Robertson, 1975).
Even then, the rate of oxidation is very
slow unless manganese dioxide is
present (Schroeder and Lee, 1975). These
conditions are not ordinarily found in
landfill or impoundment disposal
situations, since these are typically
anaerobic environments. (Ham, 1979.)
Monitoring data submitted in comments
likewise supports the conclusion that
oxidation of trivalent chromium is
unlikely when these wastes are land
disposed. (See Comments of Alley,
Young & Baumgartner, Inc., July 11,1980;
Comments of Salz Leathers, Inc., July 14,
1980, exh. B.)3 ' .
Given the relatively low toxicity of
trivalent chromium, its low migratory
potential, and the lack of indication of
potential for oxidation under usual land
disposal conditions, the Agency does
not believe that land disposal of
trivalent chromium-containing wastes in
common landfill or impoundment
situations poses a present or potential
hazard to human health or the
envirqnnjentvia soil migration to
groundwater. We therefore believe it
necessary to recognize a distinction
between tri- and hexavalent chromium-
containing wastes when land disposed.
Our research indicates, however, that
trivalent-chromium oxidizes to the
hexayalent form when materials
containing chromium (III) are
incinerated or similarly treated by a
destructive oxidation process. The
incineration ash will certainly be
contaminated with chromium (VI)
(Comments of Tanners' Council of •
America, supra, p. 6), and we expect
that hexavalent chromium will be
present in incinerator emissions as well
(U.S. Dept of the Interior, 1979). As a
result, we believe that chromium-
bearing wastes [i.e., wastes containing
both valence types) continue to require
Subtitle C regulation when managed by
incineration or similar processes. Our
contemplated regulatory approach for
these wastes is described in Part II. C
below.
D. Impact of the Proposed Distinction
On Other Regulatory Programs
We note, at this point, that certain
other of the Agency's regulatory
programs regulate on the basis of total
chromium. Our porposed action involves
only the hazardous waste management
program, and is based on a perceived
distinction in the substantiality of
hazard posed by tri- and hexavalent
chromium-containing Wastes when
disposed on land.
Different considerations underly the
Agency's other programs. For example,
3 Ultraviolet light-sensitized oxidation of trivalent
chromium has been demonstrated under laboratory
conditions (Stephens, 1977). This oxidation did not
take place, however, when lake water was tested.
In any case, we do not believe that these
experimental conditions reflect those normally
occurring in a waste disposal environment.
-------
Federal Register / Volt 45y No. 21g/'Thursday;. Qctobief 30? 1980 / IfropoSfed'Rotes? 72031'
the National Interim Primary Drinking-
Water standards are for total.chromiumv
This is because prertreatment'of-
drihkirig, water;by chlb.rihation 'may
result in oxidation.of trivalent
chromium. .(Guidelines Jor Caffardian-
Water Quality^ 1978; Sorg;,1979;U;S;,f
EPA, 1976.) Total chromiunvis thus th'e
appropriate parameter; (0.S. EPA, 1976.)
All chromium'compourids also -are1-
regulated as toxic under the,Glean,
Water, Act (CWA). In part, this reflects,
the Gong5essiohal -determination to .list -.
all chromium compounds as;toxic;
pollutants- under CWA,Seetion'307fa)(T).
In addition, the Administrator Kas"a
great deal of flexibility in'making listing;
(or delistjng) determinations under"
CWA,Sectibn,307. He is to consider a
•series *bf.enumerated factors, ,tb. assign
appropriate weight to eacti, .andto-
arrive at a final determination by
balancing"the;different elements. "Hie:
identification'processcunderrRCRA is:
much less -flexible rand'is to some extent
more stringent,' in ligtit of. the*
significantly moteimpactive;
consequences of a RCRA hazardous
waste' determination. .Thus, .wastes .are
not to be identified'as hazardous .unless
they are capable of posing: a'-.
"substantial" hazard to human-healtlror
the environment. In light of these
differing statutory "schemes; regulatory
action affectmg,chrbmiuiH-containiiig
wastes Basrno'direct b'earing'Brf the*
status of.chromium as a'toxic pollutant
under CWA Section 3107[a): "
n. Regulatory, Action
A. Propo'saLTo. Amend the"
Characteristic of'EP. Toxieity
In.order to, reflect the differing;
environmental hazards posed by.
trivalent and hexavalent chromium--
containing wastes.wheft-disposed on
land/the:Agencyds;proposingto amend
the extraction procedure to'apply-tt^
hexavalent chrome1 instead of tb total
chromiunf. We -are nat,' however,"
prpposifig'tb change'thVfflaxiirium"
concentration level'of Hexavalent'
phromium in the ,EP" extract,. whicH
would consequently remain at iS.Omg/l.,
Thisrlevel isbased.on.the:National
Interim Primary Drinking Water:,
Standard,- which iwa's'established to
reflect'the known toxieity of the=
hexavalent form:4 (Sorg,'l1979r U.S. EMi
1976*.) 6C3ther countties:arrd"
organizations also have adopted'thia.
* The maximum concentration le Vel of the EB
toxieity characteristic, of course, is established at.
two orders of magnitude above the Drinking Water
Standard.* : ' '
6 Asinoted'above; th'e standard also establishes a"
margin of%afety in light.of oxidation of^chrorriium'as"'
a resul(of-'drinking-'water".tfeatrhenttSofgri979J.:.
levelfbr chromium in drinkihg;wateri
and have indicated-'explicitly-.tiiat the"-
standard is'fdr hexavalent 'chromiurrl.
(WHrg; 197S
(describing Japan'sJdrihkihg water •
standard, for hexavalent cKromium).)'
Since the undetlying drinking;water
standard in fact reflects human health
and environmental dangers" of
hexavalent chromium," we feel justified
in retaining thisrstarrdard-when-
regulating solely oil theibasis of
hexavalent chrome,
We5stresslhat:urider;our proposal, all
wastes are to.be.*tested'for:the
characteristic of EP'tbxicity based on:
hexavalent chromium^wHen the
amended characteristipisiihalized. We •
wish particularlyto'clarify this:point
because of otlier regulatory; action taken
today delisting- certain chromium- ,
bearing wastes and'g?antihg:temporary
exclusions from hazardous .waste status
for other such wastes'(published
elsewhere in-Part XLof this.issue).
All .of:these wastes.will be. subject to.
the amended EP toxieity characteristic:
and generators of these Wastes
consequently willihave"to'test'"their :
wa'ste extracts for the presence of'
hexavalent 'chxontium:
B. Proposed Analytical Method
DistingaisMng'Between At'-and*
Hexava'lent'Chromiaar-
The groRosal to amend;tKe; ER-tbxicity
characteristic: to apply only, to?
hexavalentfchromitttnj'eqpirefcthatithere';
be an analytical method which E
distingtiishes between' tHese;tw0;
valence'states.EPA's^Qffice.ofiTResearch"'
and'Develbpnrenthas'developed'sucK'a
procedure. The method (fully described
in Appendix A to:this,preamble)'js
based bn.the.separatipn-of, hexavalent
chromium from solution by the
coprecipitation of lead chromate.with
lead sulfateiat a pH'of 3.5.The
precipitate isTcesolubilizedinnitric'aGid
and quantified by atomic absorption7
spectroscopy. Since trivalent chromium
does not'pireciptate'imder'such
conditionsjjhe metKod'bffers a means.of
determinutg the "presence and* ,
concentration of .the hexavalent state in
admixture with the trivalent form.'
Comments, are solicited onsthe":
app lication of this method to EP
extracts.-
This method h'as- been ;evaluated%smg
efflients containing higK concentrations
of OTganic'niaterial, samples'where"
malrix interferences have been t
encoiuitered with the more.usual'
chelation/exteaction procedures.- Further
evaluation presently is being conducted '
with a wide,variety/bfindustriahwastes
and EP. extfacts;,Theprocedttte.will;be;
finally promulgated after review of '1
coniments&ndJafterfa'ma'dequate
supportive5data5baseiis:available,.
C. InGiherajtipnsofXjKromium-Cpniaining,
Wastes • i .-.--.' ,V '.", . , .. ,,,',. -.
The ;Agertcy;contemplatesiregula ting •
wastes/which,containbQth-tri--and;i ; ;.
hexavalent chromium in one
circumstance,'6 namely;when-a;- .
chromium-?bearing wasteiSr incinerated;
orjdestructively'oxidized by/a similar!"-
process.-.Such'contrplis'necessary, •
because trivalent chromium .'oxidizes to.1
hexavalent chromium during.
incinerationj (U.'S. ,Dept.:of ylnteriorr.
1979). •Inciherated-'wastesicontaining;
trivalent chromium:thus:should be.
regulated as if^they>contain>hexavalent.
chromium. TherAgencyrmtends.-in the
near;,future;"tb-adop;tiappropriater
regulations under Parts_ 261 and 266
regulating'th"ese*types:of.chromium--: .
bearing wastes: Regttlatbryjaotion'is-
beingjdeferred-at .the-pjceseitt timev
however, due-to -themeed tdimplement
other parts .-of the hazardbus.waste
management program; .and also because'
uichieration of trivalent chromium^-
containing wastes does .not appear to be
widespread,7 limiting th'e possibility of"
environmental .insult during this interim
period. Furthermore, the Agency needs'
more :time to develop regalaf dry
standards to apply to facilifies -
iaeinerating trivalent chromium^
containing wastes. For these reasons,
we areniotrBrop:OBing.;aay,standards";for
inoineratioii" of;!trivalent "chromium^ r
eontalningTVastes at'Oiis tim'e,
EPA is, however, anxrous'tb'obtaiir
comments on this contemplated
approach. We specifically solicit '
comments to the following questions: •
lv When incineration of chromium1-
containing.wastescauses.oxidation.oL
'There also is.one.other situation whore wastes
might be regulated'based on total chromiumfThe
Agency.still has some concern that trivalent,
chromium from waste disposal sites could migrate
to public water systems where it would be oxidized
during chlorinatibn toJhe hexavalent state: We>
believe the likelihood of this occurring to :be remote
in Ught of the,low migratory-potential of trivalent,
. chromium. However, should'migration of .trivalent
chromium from 'improper waste disposal-occur 1rT
concentrations,sufficient to interfere substantially,
with treatment of public water systems, or
otherwise cause public health concerns, we view
ouEimrriinent hazar'd'authbrity'.urider Sectfon'70031
of RCRA as sufficient to enjoin further"
contamination. We are:also prepared in this••>
circumstance 16 exercise our listing Authority.; under.
Subtitle C to address the particular site creating the.
problem.,
'For example, the tanningjndustryi'fl.priricipal, •
generator ofirivalent chromium-bearirig,wastes,,
does'not'presentlyjiricinerate^any of:its wastes,.
although-arfewinaividual tanHertes.'and'aie ' . . .•
Tanners'-'Council ;irigollab'oration-with'th^ 17.$."'
Bureau of Mines are investigating the feasibility of
waste incineration. (U.S. Dept. of Interior,-197a) •
Several POTWrdoY-hbwever? use the-Ztinpro".
process to iricinerate'tannery-sludges.
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72032
Federal Register / Vol. 45, No. 212 / Thursday, October 30, 1980 / Proposed Rules
Irivaleot chromium to hexavalent
chromium, will this pxidizeS hexavalent
Chromium be emitted to the air as a
result of incineration or will it remain in
the incinerator ash? How effective are
available stack scrubbing devices in
removing any chromium from the off-
gases?
2, If chromium-bearing wastes are to
be regulated as hazardous when
Incinerated or whqn subjected to similar
destructive oxidation processes, what
concentration of chromium should be .
present in the waste to trigger regulatory
controls? What is the correlation
between concentrations of total
chromium tn a waste, and
concentrations of hexavalent chromium
in incinerator emissions? Do conditions
of incineration or pyrolysis affect this
ratio? . , ,, '.".; .' '..
jj,, Whut management standards
should be applied to facilities
Incinerating chromimum-bearing wastes
during the interim status period? Are
subparts A. B, C, D. E. G, H, and O of the
Part 205 interim status standards
appropriate?
" Dated: October 27,1980, " ' ''
Douglas M. Costle,
Adminwlralor, -
It is proposed to amend Title 40 CFR
Part 261 as follqws,!
§281.24 (Amended)
1. In | 261.24. Characteristic ofEP f
Toxicfiyf amend by revishig the entry
lor EPA Hazardous Waste Dumber D007
Table \ as follows:
EPA b*ziKttow
vM» rtornbw
ConltmintM
Maximum
oonoentra-
lion
• (irtttlararns
pwfeer)
COOT.
»., Chrornkm (Vl)_,
2. In Appendix II to Part 261EP
Toxicily Test Procedure, revise
Analytical Procedures for analyzing
Extract Contaminants as follows: '
Analytical Procedures For Analysing Extract
Contaminants
The teat methods for analyzing the extract
are ifs follows;
{1 j For arsenic, barluml cadmium, lead,
mercury, selenium, silver, endrin, lindane.
methoxyehlor. loxaphone. 2,4-D [2,4-
diclilorophenoxyncetic add], or 2, 4, 5-TP [2,
4,8-irlehlorophenoxyproptonie acid]: "Test
Methods for the Evaluation of Solid Waste,
Physical/Chemical Methods." Solid Wate
Information, U.S. Environmental Protection
'Note: BM KR Doc. 80-33871 published til the end
of ih!» P
-------
Federal! Register I, Vol. 45^ No'. 212 // Thursday, October, 30f. 1980 /, Propose-d; Rules '. 72033.
be exercised not to take the pH below 3. If
.thepH is inadvertently lowered to <3,10%
NH.,OH (7.6) should be used to readjust the
pHtoS.5 ±0.3. ' ' :.'••'•
9.2 Pipet a 10 ml aliquot'bf the adjusted "'
sample into a centrifuge tube (6.1.2). Add 100
ul of the lead'nitrate solution (7.1), stopper
the tube, mix the sample and allow to stand
for 3 minutes. .
9.3 After the formation of lead chromate,
to help retain Cr(IH) complex in solution, add
0.5 ml glacial acetic acid (7.5), stopper and
mix.
9.4 To provide adequate lead sulfate for
coprecipitatioh add 100 ul of ammonium
sulfate solution (7.2), stopper and mix.
9.5 Place the stoppered centrifuge tube in
the centrifuge, making sure that the tube is .
properly counterbalanced. Start the
centrifuge and slowly increase the speed to
2000 rpm in small increments over a period of
5 minutes.
Note.;—The speed, of the centrifuge must be
increased slowly to insure complete
coprecipitation.
9.6 After centrifuging remove the tube and
withdraw and discard the supernate using the
apparatus detailed .in Figure 1. As the pasteur
pipet is lowered into the tube the supernate is
sucked over into the-filtering flask. With care
the supernate can be withdrawn to within
approximately 0.1 ml above the precipitate.
9.7 To the remaining precipitate add 0.5
ml concentrated HNO3 (7.4), 100^1 30% HaO2
(7.7) and lOOftl calcium nitrate solution (7.3).
Stopper the tube and mix using a vortex
mixer to disrupt the precipitate and solubilize
the lead chromate. Dilute to 10ml, mix and
analyze in the same manner as the
calibration standard (8.2).
10. Verification
10.1 For every sample matrix analyzed
• verification is necessary to determine that
neither a reducing condition nor chemical
interference affecting precipitation is present.
This must be accomplished by analyzing a
second 10 ml aliquot of the pH-adjusted
filtrate that has been spiked with Cr(VI) (7,7).
The amount of spike added should double the
concentration found in the original aliquot.
Under no circumstance should the increase
be of less than 30ftg CrfVTj/1. To verify the
absence of an interference the spike recovery
should be between 85% and 115%.
10.2 If the addition of the spike extends
the concentration beyond the calibration
curve the analysis solution should be diluted
with blank solution, and the calculated
results adjusted accordingly.
10.3 If the result of verification indicates a
suppressive interference, the sample should
be diluted and reanalyzed. .
11. Analytical Notes ^
11.1 Nitrogen should not be used as a
purge gas because of possible CNband
interference. ' ' L;
11.2 The use of pyrolytic graphite should
be avoided when possible, since in some
situations an enhancement effect has been
reported. "7
11.3 Pipet tips have been'Teported to be a
possible source of contamination.
11.4 The method of standard addition
should be%used hi accordance With the •
general methods given in the manuah"Test
Methods for Evaluating-Solid Waste,": SW- •
. 846. ••'"'.-'•••' '
BILLING CODE 6560-30-M
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72034 Federal Register / Vol. 45, No. 212 / Thursday, October 30, 1980 / Proposed Rules
::::, ;:,,""FIGURE "i
r Fi.ct 10-SHOi 8:15 *ra|
BILLING CODE CKO-30-C
» in i i j i
ii i in IIH'H i "
1 ill'! '"l
II IIJl iilillill] llijjlli
-------
Federal Register / Vol. 45, No. 212 / Thursday, October 30, 1980 / Rules.'and .Regulations, -72035
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[SW FRL 1639-1b] •
Hazardous Waste Management
System: identification and Listing of
Hazardous Wastes
AGENCY: Environmental Protection
Agency.
ACTION: Interim Final Rule and Request
for Comments.
SUMMARY: This rule amends § 261.4 of
the Resource Conservation and
Recovery Act (RCRA) hazardous waste
management regulations by temporarily
excluding from hazardous waste status
wastes which presently are deemed
hazardous solely due to the presence of
chromium, but contain trivalent
chromium exclusively (or nearly
exclusively), are generated from
processes which use trivalent chromium
exclusively (or nearly exclusively), and
are typically and frequently managed in
non-oxidizing environments. Specific
wastes excluded under this standard are
tannery wastes listed as hazardous in
§ 261.32 (EPA Hazardous Waste Nos.
K053 to K058); waste leather scrap from
the leather tanning industry, the shoe
manufacturing industry and other
leather product manufacturing
industries; and wastewater treatment
sludges from the production of TiO2
pigment using chromium-bearing ores by
the chloride process listed as hazardous
in § 261.32 (EPA Hazardous Waste No.
K074). ^ '
Othe? wastes also may be temporarily
excluded if they meet the standard set
out above. To be eligible for a temporary
exclusion, a waste generator or group of
generators must petition the Agency to
grant their waste a temporary exclusion
and show why their waste meets the .
temporary exclusive standard. Petitions
will be processed under the procedures
set forth in § 260.20 of the hazardous
waste regulations. Generators of wastes
already determined to be within the '
temporary exclusion need not file
petitions.
This amendment is taken in
conjunction with two other regulatory
actions. The first is a proposal to amend
the characteristic of EP toxicity to apply
;only to hexavalent chromium. These
temporary exclusions will remain in
effect only until that proposed
amendment is acted upon finally. The
second regulatory action is a final
delisting pficerteiin, chromium-bearing
waste streams. The termporary
exclusion provision is necessary to .
allow these delistings to have their
intended effect, and therefore is being
adbpted as an interim final regulation.
DATES: Effective Date: This amendment,
in the form published today, is interim
final Agency action. It becomes effective
on November 19, i960.
EPA will accept public comments on
this interim final regulation until
December 30,1980. Any person may
request a hearing pn this interim final
rule by filing a request with John P.
Lehman, whose address appears below,
by November 20,1980. The request must
contain the information prescribed in
§ 260.20(d) of this chapter.
ADDRESSES: Comments should be sent
to Docket Clerk, Office of Solid Waste
(WH-562), U,S. Environmental
Protection Agency, 401 M Street, SW., .
Washington, D.C. 20460,
Requests for hearing should be
addressed to John P.'Lehman, Director,
Hazardous and Industrial Waste
Division, Office of Solid Waste (WH-
565), U.S. Environmental Protection
Agency, Washington, D.C. 20460.
Communications should identify the
regulatory docket number "Section
3001/Temporary Exclusion."
The public docket for this interim final
rule is located in Room 2711, U.S.
Environmental Protection Agency, 401 M
St., SW., Washington, D.C. 20460 and is
available for viewing from 9 a.m. to 4
p.m., Monday through Friday, excluding
holidays;
FOR FURTHER INFORMATION CONTACT:
Matthew A.-Straus, Office of Solid: : •
Waste (WH-565), U.S. Environmental
Protection Agency, 401 M St., SV\f.,
.Washington, D.C., (202) 755-9187,
SUPPLEMENTARY INFORMATION:
I. Temporary Exclusion From Subtitle C
Regulation for Certain Chromium-'
Bearing Wastes
• The Agency today has proposed to
amend the characteristic of EP toxicity
in 40 CFR 261.24 to apply to hexavalent .
rather than to total chromium (published
elsewhere in Part XI of this issue of the
Federal Register). The Agency also has
taken final regulatory action today with
respect to a number of hazardous was'te
listings (published elsewhere in Part XI
of this issue), including the delisting of
certain trivalent chromium-bearing
waste streams. The present action is
necessary to allow these other actions
. to have their intended effect; Thus, until
the characteristic of EP 'toxicity is
amended finally, all wastes remain
subject to the existing standard based
upon total chromium. We are concerned
that the characteristic as it now stands
identifies as hazardous certain trivalent
chromium-bearing; wastes which are
unlikely to create a substantial present
or potential hazard-to human health or
the environment when mismanaged,
imposing significant regulatory burden .
without achieving any statutory
purpose. A temporary exclusion for this
limited class of wastes is needed to
prevent this result.
We consequently will exclude
temporarily from hazardous waste
status certain chromium-bearing wastes.
It must be. emphasized that this
exclusion will apply only insofar as the
wastes would be hazardous because
they fail the EP toxicity characteristic
for chromium or because they are listed
solely because of their chromium .
content. If they are hazardous for any
- other reason [i.e., they fail the EP
characteristic for any constituent but
. chromium, fail any other characteristic,
or are listed for any other reason) they
remain in the RCRA control system. The
factors which must be present for a
chromium-bearing waste to qualify for.
this temporary exclusion are:
—The waste contains trivalent
chromium exclusively (or nearly
exclusively);
—The waste is generated from an.
industrial process which uses trivalent
chromium exclusively (or nearly
exclusively), which process does not
generate hexavalent chromium; and
—The waste is typically and frequently
managed in non-oxidizing
environments.
If a generator or an industry-wide
group of generators can demonstrate
.that its (or-their) wastes satisfy these
prerequisites,, the Agency; will grant the
waste a temporary exclusion'and the
waste will not require subtitle C
management during an interim period.
When the amended EP'toxicity
characteristic becomes fin&l, this
temporary exclusion will no longer be in
effect, and waste generators will have to
analyze their EP extracts for the
presence of hexavalent chromium.
'• Our basis for selecting these factors
and our views as to how these factors,.
will be applied are as follows. In light of
our decision to distinguish between tri-
and hexavalent chromium for purposes
of subtitle C regulation, wastes
containing exclusively or nearly
exclusively trivalent chromium may well
not be hazardous. There is, however, a
•problem in demonstrating the absence of
hexavalent chromium, due to the present
lack of ah analytical method which
distinguishes between trivalent and
hexavalent chromium at low ppm
conceriFrations in waste extracts. (The
Agency today proposed adoption of
such a method,' but'is undertaking. •
further study of the method before final
promulgation.) In evaluating requests for
temporary exclusions, we therefore will
Regard waste and waste extract
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72036 Federal Register; / Vol. 45, No. 212 / Thursday,- October 30;1980 / Rules and Regulations
analytical data for chromium (VI) as
highly relevant, but not as
determinative. We also.contemplate that
generators will demonstrate.'the.absence
of hexavalent chromium by using
process chemistry information, i.e.,
showing that the industrial process
generating the waste dbes.notgenerate,
hexavalent chromium, so that
hexayalent chromium .will not be found
In tile wastes or will Be present only in
minimal concentrations. * In .addition to
process information, leachate and
groundwater monitoring data and EP"
extract analyses are highly probative,
since if chromium is shown to be
present in substantially Immobile form,:
the likelihood is that it is present in the.
trfvalent state.
We also believe that.at present there
is no adequate assurance that
chromium-bearing wastes do not
contain potentially harmful
concentrations of hexayalent chromium'
unless the industrial process itself is
trivalent chromium-based. Although we
are aware that the standard method of
treatment of hexavalent chromium-
contuining wastewaters is to reduce the
chromium and to precipitate it as
chromium (IE) ^hydroxide, we believe
that this process is" of ten incomplete,
absent a strong economic incentive to;
, fully reduce all chromium present.
Certainly, we believe it would be highly
imprudent to exclude from regulation
these wastes, even temporarily, absent
much greater assurance that they do not
contain potentially dangerous amounts
of hexavalent chromium.
Finally, to assure that any trivalent
chromium which migrates from the
waste will not oxidize tp the hexayalent
state, we will require that the wastes" be"
managed typically and frequently in
non-oxidizing environments. A non-
oxidizing environment is one in which
there is either a relative lack of oxygen
or one which contains reducing agents
sufficiently strong to cause reduction of
the contaminant in question. These
conditions ordinarily are present in
landfills and surface impoundments.
(Ham, R, A.» et al., 1978, Background
Study on the Development of a Standard
Leaching Test.)
The, Agency believes that .site
monitoring data is particularly
Important in demonstrating that
chromium-bearing wastes are being
managed in non-oxidizing environments.
Thus, a demonstration by means of
leachate and groundwater monitoring
data that chromium remains essentially
••
immobile in its. actual management
environmentindicates that chromium;
remains in the insoluble and strongly,
adsorbed trivalent state, and therefore is
not being oxidized (see e'&, Cbmments
of Berwick .Sewer: District, July 16,1980;
Comments' of Alley, .Young &
Baumgartner, July 11-, ,1980 where
appropriate leachate;and'groundwater
monitoring data is;presented).
n. Wastes Meeting.tEe Temporary
Exclusion Factors
We are presently aware of three
groups of wastes meeting the temporary
exclusion factors. The first group, are the
tannery wastes listed as'hazardous in
§ 261.32 (EPA HazardourWaste Nos;
K053-058), and any other waste scrap
leather generated by theleather tanning
industry. As shown" in the comments of
many individual" tanners'and the
comments of the Tanners' Council of
America, these wastes contain nearly
exclusively trivalent'chromium. The
industrial process generating the waste
likewise utilizes trivalent chromium.
• Hides, in fact, cannot be tanned
successfully with hexavalent chromium.
Tanners thus either use" trivalent
chromium as a: tanning agent, or, should
trivalent chromium be unavailable, use?
hexavalent chromium- and reduce'it so
that the tanning'process can be
completed. In either case, there appears
to be an overwhelming commercial:
incentive to keep hexayalent chromium
out of the process and hence oufrof the
process wastes.:
These wastes furthermore ordinarily
are managed in non-oxidizing landfill —
environments. We therefore believe that
an adequate showing has been made to
justify the temporary "exclusion of these,
wastes due to their chromium content.2'
The second group of wastes within the
temporaryexclusion is waste leather
scrap from the shoe manufacturing;andt
other leather product manufacturing1
industries.?These wastes:are
substantively identical to tannery-
wastes (being composed of the same
trivalent chromium-tanned hides'
involved in tha tanning process), and;so"
1 Hexmvatenl chromium concentrations below 5
tng/1 carUtnlv will be considered minimal. This
level U based on the maximum concentration level
for lipxitvn'ciit chromium to be contained In (he
•mended cKaracteriat!c oTEP toxtctty.
'Since these wastes were listed for reasons in.
addition to their chromium concentrations, the
temporary exclusion for chromium does not by.itself.
remove them from the hazardous waste
management system. We are,* however, delisting
tannery wastes f6r these "additional factors in an
action taken elsewhere in today's Federal Register.
The net result of these actions will be that these,
tannery wastes will no longer be listed, will not be
considered hazardous if they fail the EP toxicity
characteristictortotal .chromium, but will be:
hazardous if they, fail the EP toxicity characteristic
for any other constituent, or fail any other
characteristic:
'These wastes'were not listed, but some way fail'
the.test for thc-characteristiorof EP toxicity for
chromium.
contain.trivalent .chromium exclusively
or nearly exclusively. These wastes also
are ordinarily managed in landfills, .and
so are unlikely to be oxidized.
The third group of wastes:within the
temporary exclusion are wastewater
treatment sludges from the production of
TiOi (titanium dioxide) pigment using
chromium bearing ores by the*chloride
process PEP A Hazardous Waste No.
K074). The chromium in the process
effluent is ;trivalent, .arising-directly from
the entirely trivalent component, of the
rutile or ilmenite ores-used:as a raw
material. At no.stage'ofthe
manufacturing;process.is:there;an
opportunity for:oxidfatibn;ofthe;trivalent
chromium; The resultant :sludges" thus
am expected to: contain only trivalent;
chromium. (See Commments;of E.I. du
Pbnt de;Nemours & C67, September 15, «
1980, pp. 8-10 describing the TiOs
manufacturing .process;. and .showing"
that onlychromium.(m) is"present;:
leachate;data submitted in these:
comments likewise tends to show that
only Wvalent'ehromiumJs .present.);
These1. wastes,are;uBua:lly disposed of in"
landfills', or !by oceaff dumping.-. One plant
uses a luied lagoon and :oHe;use8 deepr
well-injection, (UiS. ,EEA Hazardous
Waste ;Usting Background Document,
July'T1,1980,.ppi 8^*-89.):These"disposal.
situations do not offer/opportunity for'
the oxidation' of "&e;ohromiunv
component. (Ham, 1979; Fukal,,R.f 1967,
Valency State of Chromium in Sea
Water, Nature 213:901),
IH. Procedures for Obtaining a
Temporary Exclusion
The temporary exclusion-is,not;limited
to the wastes discussedispecifically in
Part II above. .Other wastes also may
meet the temporary exclusion .factors.
and'will be"excluded.if a proper
showing as made;to the. Agency..
Eligibility for a temporary exclusion;
may be requested.by'filing a:petition for
rulemaking under §"2e0.20(a). Petitions
may be filed by individual.generators,,or.
on.an:industryfwide>basis. Each petition
must demonstrate, why'the. wastes in
question meet the temporary exclusion
standards. Petitions then will be ~
processed by the Agency- in;accprd: with
the procedures set forth in § 260.20 (c)-J
(e). Itshould be;notedithfft'igenBrators of:
the wastes which alreadyhave;been
determined to be;withitt:the temporary
exclusion (/;e;, the.wastes discussed in
II. above) are not required to;petition the
Agency.
IV. Interim Final Promulgation
The temporary exclusion for this
limited class of chromium-bearing
wastes is being promulgated in interim
final form. Thus, the: three/types of
. '.I:'
/*
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Federal Register /Vol. 45. No. 212 / Thursday, October 30, 1980 / Rules and Regulations 72037
wastes now within the temporary
exclusion are no longer subject to the
hazardous waste regulations based on .
their chromium content. The provision" .
also is final for purposes of the 90-day
petition deadline under Section 7006.
. The public will, however, have an
additional opportunity to comment on
the provision before it is published as a
"final final" regulation.
The Agency does not take this •
, procedural course lightly, but believes
that unusual circumstances justify our
action. First, many affected persons
effectively have had the opportunity to
: comment on the substance of the
provision by virtue of their comments on
the interim final portions of the May 19 •
and July 16 regulations, principally the
. hazardous waste listings in § 261.32.
Thus, much of the data supporting
today's action was supplied in
comments submitted by the tanning'
industry and (to a lesser extent) the
titanium dioxide production industry.
We therefore believe that the policy
underlying the prior notice and comment
/ requirement has been substantially
satisfied here.
Second, as already noted, immediate
action is necessary to give effect to final
regulatory action taken today delisting
waste 'streams from the tanning and
TiOa production industries. These:
delisting actions present no prior notice
and comment issues because .the listings
themselves were not yet promulgated in
' final form. However, certain of the ;
delisted Wastes might still fail the EP for
total chromium, and would consequently
remain in the system until the EP
toxicity characteristic is amended
finally. Immediate promulgation of the
temporary exclusion consequently is
necessary to allow the delistings to have
their intended consequence.
Finally, we believe that use of
advance notice and comment
procedures would be impracticable and
contrary to the public interest, and
therefore that good cause exists for^
adopting these regulations in interim -
final form (see 5 U.S.C. 553(b)(B)).
Although the "good cause" exception is '.
narrow, courts have emphasized'that
"(i)t is an important safety value to be
used where delay would do real harm."
U.S. Steel Corp, v. EPA, 595 F.2d 207, 214
-(5th Cir., 1979). We believe delay in
promulgating the temporary exclusion
could cause significant harm to the
regulated community, particularly to the
tanning industry. The tanners have
indicated that there is a severe shortage
of hazardous waste landfill capacity, ,
especially in New England where many
tanneries are located, so that disposal
costs will increase very substantially
even if hazardous waste management is
required for only a short period. (See,
e.g.. Comments of A. C. Lawrence
Leather Co., July 10,1980.) Courts have
approved immediate promulgation of
rules in like circumstances where failure
to implement regulations would cause
severe market'dislocations. See De
Rieuxv. Five Smiths, Inc., 499 F.2d 1321,
1332 (TECA), cert, denied 419 U.S. 896
; (1974) (promulgation of government
price controls); Reeves v. Simon, 509
F.2d 455, 458-159 (TECA 1974), cert.
denied, 420 U.S. 991 (1975) (gasoline
station fuel allocation regulations). The
same principle applies here.
, Dated: October 27,1980.
Douglas M. Cos tie,
Administrator.
, Title 40 CFR Part 261 is revised as
follows: '
1. In § 261.4, Exclusions, paragraph-
"(b}(6) is added to read as follows:
§261.4 Exclusions.
. * -•''- * ' * *' ; *
(fa) * * *
(6) (i) Wastes which fail the test for
the Characteristic of EP toxicity because
chromium is present or are listed in
SubpartD due to the presence of
"chromium, which do not fail the test for
the characteristic of EP toxicity for any
other constituent or are not listed due to
\ the presence of any other constituent,
and which, do. not fail the test for any
other characteristic, if it is shown by a
waste generator or by waste generators
.that:, / ,
(A) The chromium in the waste is
exclusively (or nearly exclusively)
trivalent chromium; and
(B) The waste is generated from an
• industrial process which uses trivalent
chromium exclusively (or nearly
exclusively) and the process does not
generate hexavalent chromium; and
(C) The waste is typically and
frequently managed in non-oxidizing
environments.
(ii) Specific wastes which meet the
standard in (i)(A), (B) and (C) (so long as
they do not fail the test for the
characteristic of EP toxicity, and do not
fail the test for any other characteristic)
are '
(A) Chrome (blue) trimmings
generated by the following
subcategories of the leather tanning and
finishing industry; hair pulp/chrome
tan/retan/ wet finish; hair save/chrome
tan/retan/wet finish; retan/wet finish;
no beamhouse; through-the-blue; and
shearling.
(B) Chrome (blue) shavings generated
by the following subcategories of the
leather tanning and finishing industry:
hair pulp/chrome tan/retan/wet finish;
hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse;
through-the-blue; and shearling,
(C) Buffing dust generated by the
following subcategories of the leather
tanning and finishing industry: hair
f pulp/chrome tan/retan/wet.finish; hair
save/chorme tan/retan/wet finish;
retan/wet finish; :no beamhouse;
through-the-blue.
(D) Sewer screenings generated by the
. following subcategories of the leather
tanning and finishing iridustry: hair
pulp/chrome tan/retan/wet finish; hair,
1- save/chrprne.tan/retan/wet finish; \'\ *
retan/wet finish; no^beamhpjise; , v
\.through-the-blue;_andsheairling. ";
(E) Wastevvater" treatment sludges., ', ',
'•- generated, by the following',, ,,
•subcategpries of t^e leather,tanning and
finishing industry: hair pulp/chrome
tan/retan/wet finish; hair save/chrome
tan/retan/xyet- finish; retan/vvret finish;
no. beamhous,e;: through-the-blue; and "
shearling. ., , .-':.'.••
. (F) Wastewater treatment sludges
generated by the following..'. ...
, subcategories of the. leather tanning and
finishing industry: hair pulp/chrome •
tan/retan/wet finish; hair save/chrome
tan/retan/wet finish; and through-the-
blue. .....'-.-
(G) Waste scrap leather from the,
leather tanning industry, the shoe .
manufacturing industry, and .other
leather product manufacturing
industries. . ; •...-, '
. (H) Wastewater.treatment sludges
from the production of TiO2 pigment'"
using chromium-bearirig ores by the
"chloride process.
[FR Doc. 80-33868 Filed 10-29-80; 8:45 am]
BILLING CODE 6560-3Q-M
40 CFR Part 261
tSW FRL 1639-1c]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Wastes
AGENCY: Environmental Protection
Agency. . '
ACTION: Final action amending interim
final regulation.
SUMMARY: This regulation removes from
the list of regulated hazardous wastes
the wastes from the leather tanning
industry and the titanium dioxide
. production industry which were listed
as hazardous in interim final form in the
Federal Register on May 19,1980 (45 FR
33124) and July 16,1980 (45 FR 47834).
The preamble also discusses why other
listed waste streams containing
chromium will still be listed due to the
presence of chromium. This action is
-------
72038
I
Federal Register / Vol. 45. Islo. 212 / Thursday, Octotier 30, 1980 / Rules and Regulations
being talcen as a result of'other
regulatory action tak'en concerning tlie
regulation of chromium-bearingjwastes
under the hazardous waste managment
progrsin !& documents published
elsewhere In this Part XI of this Federal
Register.
EFFECTIVE DATES: This action is
effective on publication.
ADDRESSES: The public docket for this
regulation is located in Room 2711, U.'S.
Environmental Protection Agency, 401M!
St., S.W., Washington, D.Cl 20460, and.is"
available for viewing from 9 a.m. to 4
p,m., Monday through Friday, excluding
holidays.
FOR FURTHER INFORMATION CONTACT:
Matthew A. Straus, Office of Solid
Waste (WH-565), U.Sl Environmental
Protection Agency, 401M St., S.W.,
Washington, D.C. 20460, (202] 755-9187.
SUPPLEMENTARY INFORMATION:1'''
I. Decision To Delist Wastes From Tiba
Production and From the Leather
Tanning and Finishing Industry
In other regulatory action taken today,
the Agency has indicated that its
principal regulatory concern'in
regulating chromium-bearing wastes
under the hazardous waste management
program is hexavalent rather than total
chromium. The Agency consequently
has revicwed'all of the interim fihal'and
proposed waste listings iii 40 CFR Part
2S1» Subpart D which listed'chromium as
a waste constituent of concern, and
reevaluated these wastes tar determine if
they should continue to be listed due to
the presence of chromium. We have
decided that two groups of wastes; those
from titanium dioxide production by the
chloride process, and those from" leather
tanning and finishing, no longer should
be listed due to chromium. We have
further determined that leather tanning
and finishing industry wastes also:
should not be listed for any other basis
at the present time. We consequently
are deflating both groups of wastes.1
We also reviewed aft of pur other
listings of chromium-bearing wastes,
(except for those wastes for which the
comment period has been extended),
We Believe that all of these other
wastes are likely to contain significant
concentrations of hexavalent chromium,
and therefore we are not amending our
inilMHstirigs. We note further that
many of these wastes are listed for
constituents other than chromium, and
our actions today do not in any way
affect these additional bases for listing.2
'Wenlso are removing any reference to Uiesc
wnslte from Appendix VII to Part 281.
•We *l»o note that the Agency may choose not to
finalize the listing of certain of these waste streams
fur Independent reasons when finalizing the May 19
Interim final Kit of hazardous wastes.
A. Wastes Generated From
Production
' On July 16,1980, the Agency adopted
as an interim final listing, under 40 CFR
§ 261.32 wastewater treatment sludges:
from TiOz production via the chloride
process (see 45 FR at 47834). On
reevaluation, we havejdecided not-to list
this waste stream because it is derived
from a trivalent chromium-based
process and contains trivalent chromium
exclusively or virtually exclusively. The
titanium dioxide production process.
results in a waste stream, which contains.
chromium (HI) chloride. The presence of
this compound results from the fact that
the rutiie and ilmenite ores used as raw
materials can contain as much as"-45%
chromium (ill) oxide. The chromium-
bearing waste; stream: from this process •
thus contains chromium only in the
fri valent form, and the resulting .
wastewater sludges:, therefore are not:
expected to contain any hexavalent
chromium.
B. Wastes Generated by the Leather
Tanning and Finishing Industry
The Agency's May 19 interim final
waste listings included seven waste
streams generated by the leather
tanning and'fihishing industry (EPA
Hazardous.Waste Numbers KO53^-059),
These wastes: weralisted-for the
presence o£ chromium, chromium and
lead, and (ih.the case of the wastewater,
treatment sludges generated by plants in;
certain subcategories)" chromium and
reactivity. With respect to chromium,,
. the Agency has determined that these"
wastes contain exclusively or virtually
exclusively trivalent chrome and
therefore do not warrant'listing on this
basis. The leather tanning process
depends on the chemical reaction of
trivalent chromium with the free amine.
and hydroxyl groups on the hides'
protein chains. This reaction will nott
occur if hexavalent chromium is used,.so
that there is a very strong commercial
justification for the absence of
hexavalent chromium in these wastes.
Although it is true that if the trivalent
tanning agent is" not readily or
economically available, tanneries :use,
hexavalent chrome as a starting
material, the chromium is then reduced'
to the trivalent state either before use in;
the tanning process or in situ during .the "
tanning process (a "two bath" process
now largely obsolete); Both economics
and the recognized .dangers inherent in
the unnecessary risk in handling,
hexavalent chromium serve to assure .
the conversion to the trivalent form.?. ,
The wastes resulting from the tanning
process; therefore, are overwhelmingly
inthe.trivalent.state-. lir addition;
leachate and groundwater monitoring
data submitted" by individual tanners
indicate" that the; chromiunrcontaihed in
these wastes has low migratory;
potential under most waste, management
conditions; and also that it has:very
limited mobility should migration occur,
confirming that these wastes contain
chrome (III), rather than the highly
mobile hexavalent chromium;
Certain tanning wastes; were listed
because of the presence of lead.
Substantial data submitted by industry
indicate convincingly, however, that ,
lead is not typically used in the tanning
process, nor is it found in process".
wastes; in-regulatorily significant
amounts:or concentrations. We •
consequently believe'continued listing
on this: basis is" inappropriate;
Furthermore, these wastes remain
subject to the EP tbxicity characteristic,
so that those wastes containing
excessive concentrations of .lead will
still be.brought into the hazardous waste
management system.
Two; wastewater treatment sludges
were listed as hazardous due to:
reactivity, more specificallybecause of
the possibility of release-of harmful
concentrations of hydrogen sulfide; gas-
under usual waste management,
conditions. .Historical waste
management'datsr submitted.by industry
indicates; .However,,that.harmful release
of hydrogen;sulfide does.not occur
typically and frequently, in rwaste
management practice. Rather, this .
problem is'more likely to occur during
the tanning process, prior to waste
, generation. (Comments of Robert M,
Lollar, Technical Director, Tanners'
Council of "America, August 12,1980.),
We have.determined to delist these
sludges for reactivity. We again note,
however, that the wastes remain subject
to the reactivity characteristic,,so that
these wastes should be deemed
hazardous if harmful hydrogen sulfide
generation occurs, or has occurred,
during waste, management. For example,:
if a generator is aware of prior
dangerous release of hydrogen-sulfide in
managing these-sludges, for example
from storing these sludges in enclosed.
tanks, EPA must befnotified that the
wastes are. reactive, and the wastes
must be managed pursuant to Subtitle'C
regulatory controls. We also note,that
the Agency is working :to quantify the
present provision in the reactivity
characteristic governing hydrogen .
sulfide.and^ydrogen.cyanide-generating
'Thus, in one tanning facility, visited byjhe
Agency, when trivalent chromium is not available, a
twenty percent'excess of reductont is added to the
hexavalent chromium to ensure that reduction will
go to completion.
-------
«* - '
Federal Register / Vol. 45, No. 212 / Thursday, .October 30, 1980 / Rules and Regulations 72039
wastes (§ 261.23(a}(5)), and that these
sludges will be subject to the revised
characteristic when promulgated.
EPA is also investigating the
possibility that these tannery wastes
may be hazardous for reasons other
than those for which they were listed
originally. A possible source of waste
contamination is use of hexavaleht
chromium-containing chrome pigments,
and of benzidine and benzidine
congener dyes in the finishing process.
For example, dyes derived from the
chemicals benzidine, 3,3'-
dimethylbenzidine, and 3,3'-
dimethoxybenzidine comprise
approximately one fourth of the 3.1 kkg
' of dyes used by the tanning industry
(MRI, 1979, "A Preliminary Materials
Balance for Dyes and Pigments from
Benzidine and Three Benzidine
Derivatives." EPA Contract No. 68-01-
3896, Draft Final Report, August .31,
1979), and may be present in these
wastes. We are concerned about the
potential carcinogenicity of the'dyes
themselves, and about the possible
reduction of the dyes in the waste
streams by heat, light, and chemical
reducing agents, or their metabolism In
vivo to the carcinogenic parent .„
compounds benzidine, 3,3'-
dimethylbenzidine and 3,3'-
dimethoxybenzidine. In addition, certain
biocides*(notably phenolic derivatives) ,
are used in the tanning process, and
may contaminate process wastes. The
Agency solicits information as to these
practices, as to concentrations of these
materials and their breakdown products
in process wastes, and as to whether the
wastes thereby should be considered to
be hazardous.
II. Retention of Chromium as a Waste
Constituent of Concern in Other"
Hazardous Waste Listings
Certain of the other May IS and July
16 interim final and proposed waste
listings are of wastes containing
chromium as a waste constituent of
concern. (See 45 FR 33123-124, 33137;
and 45 FR 47833-834, 47836): We have
reevaluated these listings to determine if
the wastes should continue to- be listed
due to the presence of chromium.4 It is • .
our conclusion that all of these
chromium-bearing waste streams should •
continue to be listed as hazardous due
to chromium content because all derive
from processes which use or produce a
waste stream which contains
hexavalent chromium. The basis for,our
conclusion is set out below.
4 This discussion does not apply to chromium-
containing waste streams for which the comment
period has been extended. Industrial painting
wastes, paint manufacturing wastes, and wastes
from ferroalloys production are in this category.
The chromium-containing waste
streams we have listed in interim final
form or have proposed for listing are
generated iii the manufacture, of
inorganic pigments (EPA Hazardous
Waste Nos. K002-008), in petroleum
refining (EPA Hazardous Waste Nos.
K048-Q51), in the manufacture of iron
and, steel (EPA Hazarous Waste Nos,
KQ61-063), in secondary lead smelting
(EPA Hazardous Waste No. K069), in
electroplating (EPA Hazardous Waste
No. F006), and in ink formulation (EPA
Hazardous Waste No. K086), The
chrome pigment process wastes are
believed to contain hexavalent
chromium because the production
process requires the use of chromates,
which are necessarily hexavalent
chromium-containing compounds.
Electroplating industry wastes likewise
derive from processes using chromates,
and so also are expected to contain
hexavalent chromium. Ghromate (Cr
(VI)) pigments are constituents of the ;
listed ink formulations, so that process
wastes also should contain hexavalent
chromium.
' The various listed petroleum refining
wastes likewise use,chromates, in this
case as corrosion inhibitors in cooling
towers. The listed wastes from this-
industry are all derived from cooling
tower wastewater streams, and thus are
expected to contain hexavalent
chromium.
The iron and steel industry and
secondary lead industries generate
chromium-containing emission control
dusts.and sludges. These production
processes involve oxidative processes
occurring at elevated temperatures,
conditions known to cause oxidation of
chromium (III) to chromium (VI). Spent
pickle liquor, another listed waste from
the steel industry, likewise is generated
in oxidizing conditions (the pickling
operation itself), and so will contain
chrome (VI).
We are aware that treatment of
chromium-containing wastewaters most
often consists of the reduction of
hexavalent chromium to the trivalent
state and the subsequent precipitation" of
chromium (III) hydroxide. If the . ^.--:
^.reduction is not carried out to
completion, however, the hexavalent
chromium may be entrained in the
chromium (III) hydroxide^precipitate.
Further, in light of the large
, concentrations of chromium present in
these wastewater streams, and the very
small concentrations of the carcinogen
hexavalent chromium needed to make a
treatment sludge hazardous, we do not
believe that the chromium in these
wastewater streams will be fully .,
reduced, so that these wastes remain •
capable of causing substantial harm if
mismanaged.
Dated: October 27,198(£
Bouglas M. Costle,
Administrator.
Title 40 CFR, Part 261 is amended by
deleting from the lists of hazardous
wastes contained in § 261.32 the
following waste streams:
§ 261.32 [Amended] ,
KOS3—Chrome (blue] trimmings generated by
the following subcategories of the leather
tanning and finishing industry: hair pulp/
chrome tan/retan/wet finish; hair.save/
•chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue;
and shearling. ..•"-..
K054—Chrome [blue] shavings generated by
' the following subcategories of the leather
tanning and finishing industry: hair pulp/
chrome tan/retari/wet finish; hair save/
chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue;
and shearling.
K055—Buffing dust generated by the
following subcategories of the leather
.tanning and finishing industry: hair pulp/
chrome tan/retan/wet finish; hair save/
chrome .tan/retan/wret finish; retan/wet
finish; no beamhouse; through-the-blue.
K056—Sewer screenings.generated by the
following subcategories of the leather-
tanning and finishing industry: hair pulp/
chrome tan/retan/wet finish; hair save/
chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue;
and shearling. . ;
K057—Wastewater treatment sludge
generated by the following subcategories of
the leather tanning and finishing industry:
hair pulp/chrome tan/retan/wet finish; hair
save/chrome tan/retan/wet finish; retan/
wet finish; no beamhouse; through-the-blue;
and shearling. . .
K058—Wastewater treatment sludges
generated by the following subcategories of
the leather tanning and finishing industry:
hair pulp/chrome tan/retan/wet finish; hair
save/chrome tan/retan/wet finish; and
through-the-blue.
K059—Wastewater treatment sludges
generated by the following subcategory of
the leather tanning and finishing industry:
hair save/non-chrome tan/retan/wet
finish.
K074---Wastewater treatment sludges from
the production of TiO2 pigment using
chromium-bearing ores by the chloride
process. •'.
(PR Doc. 80-33869 Piled 10^29-BO; 8:45 amj
BILLING CODE 6560-30-M
40CFRPart265 .
[SW FRL 1623-7]
Interim Status Standards for Owners
and Operators of Hazardous Waste
Treatment, Storage, and Disposal
Facilities
AGENCY: Environmental Protection >,
Agency (EPA); ' ;: - .-••••..,... ,
-------
f ' ui i iiiai'liiiii wni ...... niiiiiijiiliiiiiiiiiii 'i ' ,i:;i in,1 ...... mi ..... irii
!!!!! iim ..... i, lib!! m ir .'IIII
v:?i;Ss Six" a
- I
5*2040 Federal Register /-' Vfol! 45;, ftoi 21# /! TffursdHyi Ofctober 30;"iJJSff' ff RAiles- aadl Regula'tibns
ACTION: Revisions to final rule and
Interim final rule.
.1,~: ..".'in BUI„- , ,,,'i „,,; ;>
SUMMARY: The Resource Conservation.
and Recovery Act (RCRA'J'hazardbus
waste regulations, as promulgated May
13,1980; in §§ 205.112(a) and 265.142(a)
require owners or pperatbrs'of all1
hazardous waste facilities" to Have"
closure plans, as well as cost estimates
based on these plans, on the effective
date of the regulations. AUhe same.
time, owners or opera tors of hazardous
waste disposal facilities are also
required in §§ 285.118(a) and 265.144(a)
to have post-closure plans and
associated cast estimates.
The Agency is amending these
regulations to allow the.owners or
operators of all hazardous waste
facilities to have up to six months after
the effective date of these regulations to
prepare a written closure plan, post
closure plan (if applicable], and cost
estimates for closure and post-closure (if
applicable).
The Agency is extending the. period
for preparing closure and post-closure.
plans for disposal facilities because
planning for closure and post-closure at
these facilities is; an extremely
important activity. Because these plans
are so Important, the Agency believes
that It should provide owners or
operators more time to prepare them so
that they will be well thought out.
EFFECTIVE DATE November 19,1980:
FOR FURTHER INFORMATION CONTACT:
Lawrence G..Hue, Office of "Splid'Waste
(WH-S65J, OlS. Environmental
Protection Agency, 401M Street, S.W.,
Washington, D.C. 20460, (202) 755-9190.
SUPPLEMENTARY INFORMATION:
I. Authority
This amendment is issued'under the.
authority of Sections 1006, 2002(a), and
3004 of the Solid Waste Disposal Act, as
amended by the Resource Conservation
and Recovery Act of 1976 (RCRA), as
amended, 42 U.S.C. 6905,6912{a), and
6924; ' _ '[
II. Background
The RCRA hazardous waste
regulations, as promulgated May 19,.
1960,45 FR 33064 et seg. In Sections
265.112(aj and 265.142(a) require owners
or operators of all hazardous'waste
facilities to have closure plans, as well
as cost estimates based on these plans,
on the effective date of the regulations.
(November 19", 1980)! At tne.same,time,,
owners or operators of "hazardous., waste
disposal facilities are also required'in
|§ 265.118(a) and 265.144(a) to have
post-closure plans and associated cost"
estimates. The amendments;to.tKe
regulations EPA is promulgating today
modifj* these requirements,
Thq amendedJrsgalations-allow the
owner or operatbroPa'Hazardous waste
facility up to-May.19,1081" (six months
after the effective?date of theses
regulations) to prepare a written";clbsure
_plan, post-closure plan for a disposal
facility, and cost estimates for closure
and post-closure; for.'a disposal facility..
An owner or'operator of a facilitywho"'
decides to'close his.faciUty within this
six-month period must nevertheless"
submit a closure "plan and post-closure
plan for a disposal facility atleast'lBO
days before the date he expects to begin
closure as required in 40'CFR Part 265,
Subpart G,.§§ 265.112(c) and 265,lT8(c)J,
The Agency is extending the.period'
. for preparing clbsure and post-closure,
plans for disposal facilities because
planning for closure and post-closure at
these facilities is an extremely -
important activity. Because these plans
are so important, the: Agency believes
that it should^provide.owners or
operators more:time":to prepare themsa
that they will be well thought out..
As a necessary consequence of- .
extending.the time, for preparing7closure
and post-closure plans for facilities, EPA
is extending the time for preparing-
closure and post-closure cost estimates.
for facilities; Cost estimates must.be
based on the closure and post-closure
plans, so they cannot be prepared until'
the plans have-been prepared.
The Office ofManagement and Budget
recently approved EPA-'s Part 264 and
265 reporting requirements under the"
Federal Reports Acton the condition
that EPA extend until May 19,1981,.the.
deadline by which disposal facilities
(landfills,;land treatment facilities",.and'
surface impoundments which intend to;
close as landfills) must prepare closure
and post-closure monitoring and'
maintenance plans. The Agency is
convinced that owners or operators of
all facilities, given an additional six
months, wilLbe able to prepare better
plans and more accurate" cost estimates.
For this reason; and.to'avoid confusion.
as to when these.plans are required,,
EPA is granting the time "extension" to all
facilities.
Dated: October 27,; 1980.,
Douglas M. Costle,
Administrator:
For the reasons described above, Title
40 of th&Gode of Federal Regulations is
amended as follows:
§.265.112 [Amended],
1. In § 265.1l2la)*, iir;theiirstsentettce,
replace the phrase' "Oh;the effective
date of these regulations" with the
phrase: "0n May 19,1981."
§265;1i8 [Amended]
2": Er§"'265;lT8{a);iiri thd first sentence,
replace'the;phrase'"Oh the effective.
date of theserregplktions" with .the"
phraser"Oh Maj;-l£r,;l'981i"
§265,142. [Amended]
3v In §",2651142(&); in the first sentence,
replaceLthe-phrase "Oh:the effective
date-of thes'e regulations" with the
phrase: "GnMay 19,; 1981."
§265.144 [Amended]
4. In § 265.144(a), in the first sentence;
replace the phrase" "On the effective
date of these regulations" with the
phrase: "On-Msy. 19,1981."
[FR D6c: 80-33870 Ffled 10-2S-80; p:45.am]
BILLING' CODE 6560-30-M
40 CFR Part 261
[WH-FRL 1648-4]
Hazardous" Waste Management
System: Identification and Listing of
Hazardous Waste
AGENCY: Environmental Protection
Agency (EPA); '
ACTION: Technical amendment; final.' .
rule.
SUMMARY: In its.regulations'on the:
identification and listing:qf hazardous"
waste, the EhyironmetitarPrDtection
Agency (EPA) iff afaetidlng'the section
"Analytical Procedures for Analyzing;
Extract Contaminants" iii Appendix II of
Part 261. This amendment merely,
clarifies" confusiMg-rsfeEences to: two sets
of'analytical'methods, each of which,
delineates the same methods insofar as
theiapplicability"of.the:subject.section of
Appendix:!!: Therefore;.this;ameniimietit-
does not change: the substance: of:
AppendixIIi
EFFECTIVE DATE: This;action is effective
immediately.
FOR FURTHER INFORMATION CONTACT:
David Friedman, Office^ofSolid Waste
(WH-565), U.S. Environmental
Protection Agency* 401 M Street, S.'W.,
Washington, D;C. 20460, (202) 755>-9187.
SUPPLEMENTARY INFORMATION: The'
section on "Analytical Procedures" for
Analyzihg^Extract Contaminants" in
Appendix ffof"Part',281 promulgated on
May 19i 1980 (45-FR at 33126) referenced
certain water and wastewater'analytical
methods and implied that these methods
shpuld'be used in'analyzing"EP Toxicity
Procedure extracts; That section als'o
referenced "Test Methods forthe"
Evaluation of Solid: Waste, .Physical/
Chemical'Methods'1 and implied that
these methods should be used to
analyze these-same'extracts. These
-------
Federal Register / Vol. 45, No. 212 /Thursday, October 30, 1980 /Rules and Regulations 72041
references to two sets of references
have confused the regulated community
and have generated many inquiries to
the Agency for clarification. Because the
latter reference incorporates and
clarifies for use in analyzing EP extracts
the methods described in the former
references, EPA is today promulgating
the following technical amendment to
change the subject section of Appendix
. II so that only the latter reference is
used. . " .
Dated: October 24,1980. '
Douglas M. Costle,
Administrator. .
.Title 40 of the Code of Federal
Regulations is amended by deleting the
existing language under the section of
Appendix II of Part 261 titled
"Analytical Procedures for Analyzing
Extract Contaminants" and substituting
the following language:
The test methods for analyzing the extract
are as follows:
(1) For arsenic, barium, cadmium, v
chromium, lead, mercury, selenium, silver,
endrin, lindane, methoxychlor, toxaphene,
2,4-D[2,4-dichlorophenoxyacetic acid] or
2,4,5-TP [2,4,5-trichlorophenoxypropionic
acid]: 'Test Methods for the Evaluation of
Solid Waste, Physical/Chemical Methods,"
[SW-846], U.S. Environmental Protection
Agency, Office of Solid Waste, Washington, •
D.C. 20460. , ., i .
(2) [Reserved] ''•"-',
For all analyses, the methods of standard
addition shall be used for quantification of
species concentration. •
(FR Doc. 80-33871 Filed 10-29-80; 8:45 $m\
BILLING CODE 6560-29-M
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Environmental Protection
Agency
Washington DC 20460
Postage and Fees Paid
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