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Wednesday
November 12,. 1980
Part VI!
Environmental
Protection Agency
Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste—Finalizing. the Lists of Hazardous
Wastes (§§261.31 and 261.32) and
Proposal To Amend § 261.32
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74884 Federal Register / Vol. 45, No. 220 / Wednesday, November 12,1980 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[SWH-FRL 1664-7]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste
AGENCY: U.S. Environmental Projection
Agency.
ACTION; Final rule and interim final rule.
SUMMARY: Pursuant to Section 3001 of
the Resource Conservation and
Recovery Act of 1976, as amended
(RCRA), the Environmental Protection
Agency (EPA) today is finalizing the
listings of eighty hazardous wastes from
nonspecific sources (§ 261.31) and
specific sources {§ 281.32). These listings
were proposed and promulgated in
interim final form in the Federal Register
on May 19,1980 (45 FR 33123-33127.
33138-33137). In addition, EPA is
deleting four wastes from its interim
final hazardous waste list,* and
deferring final action on two wastes
listed in interim final form on May 19,
1980, and on three wastes proposed for
listing on May 19.
EPA also is finalizing Appendices VII
and VIII to this Part. These appendices
list, respectively, the toxic constituents
of concern in each listed waste, and the
toxic constituents whose presence in a
waste is sufficient cause to list a waste
as hazardous unless mitigated by other
factors enumerated in § 261.11(a)(3).
Finally, EPA is clarifying § 261.30(d) of
the regulations to indicate more clearly
that the Agency may in the future
establish lower small quantity generator
exclusion limits for certain hazardous
wastes listed in §§ 261.31 and 261.32.
DATES: Effective Dates: Waste listings
promulgated in interim final form on
May 19,1980 which are finalized today
become effective on November 19,1980.
Waste listings which" were proposed
on May 19 for inclusion in the hazardous
waste lists, become effective on May 12,
1981.
See Supplementary Information for
further details.
ADDRESSES: The public docket for this
regulation is located in Room 2711, U.S.
Environmental Protection Agency, 401 M
Street SW., Washington. D.C. 20460. and
is available for viewing from 9:00 a.m. to
4:00 p.m., Monday through Friday,
'Seven additional wastes promulgated in interim
finwl form on May 19.1980 were removed from the
till of hazardous wastes on October 30.1980 (45 FR
72037).
'excluding holidays. See Supplementary
Information for further details.
FOR FURTHER INFORMATION CONTACT:
Matthew A. Straus, Office of Solid .„
Waste (WH-565), U.S. Environmental
Protection Agency, 401M Street, SW.,
Washington. D.C. 20460, [202] 755-9187.
SUPPLEMENTARY INFORMATION:
Dates
Waste listings promulgated in, interim
final form on May 19,1980 which are
finalized today become effective on
November 19,1980. Wastes in this
category are § 261.31 Hazardous Waste
Nos. FOQ1-012, F014-015, F019 and
§ 261.32 Hazardous Waste Nos. K002-
Oil. K013-034, K036-052, K060-062, and
K064-069.
Waste listings which were proposed
on May 19 for inclusion in the hazardous
waste lists (§ 261.32), become effective
on May 12,1981. Wastes in this category
are distillation light ends from the
production of phthalic anhydride from
ortho-xylene {Hazardous Waste No.
K093), distillation bottoms from the
production of phthalic anhydride from
ortho-xylene (Hazardous Waste No.
K094), distillation bottoms from the
production of 1,1,1-trichloroethane
(Hazardous Waste No. K095); heavy
ends from the heavy ends column from
the production of 1.1,1-trichloroethane
(Hazardous Waste No. K096), vacuum
stripper discharge from the chlordene
chlorinator in the production of
chlordane (Hazardous Waste No. K097),
untreated process wastewater from the
production of tqxaphene (Hazardous
Waste No. K098), untreated wastewater
from the production of 2,4-D (Hazardous
Waste No. K099), and waste leaching
solution from acid leaching of emission
control dust/sludge from secondary lead
smelting (Hazardous Waste No. KlQO).
For those waste listings promulgated
in interim final form on May 19 which
are not being finalized, the effective -
date is still November 19,1980. These
waste listings take effect as interim final
regulations. Wastes in this category are
bottom sediment sludge from the
treatment of wastewaters from wood
preserving processes that use creosote
and/or pentachlorophenol (§ 261.32
Hazardous Waste No. K001), and
wastewater treatment sludges generated
in the production of creosote (§ 261.32
Hazardous Waste No. K035).
Compliance Dates:
a. Notification
1. Finalized Waste Listings Promulgated
in Interim Final Form on May 19, 1980
Persons who generate, transport, treat,
store, or dispose of any hazardous
waste listed in interim final form on
May 19,1980, which waste listing is now
being finalized in substantively
unaltered form are not required to notify
as a result of today's action. We dp not
consider such action to be a "revision"
of the Section 3001 regulations within
the meaning of Section 3010(b). All such
persons of course, should have already
notified by or before August 18,1980.
There is one possible exception. We .
have altered the listing description of ,
§ 261.32 hazardous waste No. K027
("centrifuge and distillation residues
from toluene diisocyanate production")
to indicate clearly that wastes from both
the centrifuge and distillation columns
are included within the scope of the
listing. Although we believe that the
listing background document clearly
reflected our intent to include both types
of residues, we recognize that some
persons generating only distillation
column residues from this process may
not have notified based on the May 19,
1980 listing description. We dp not
intend to penalize any such individual
for failure to notify. Therefore, any
person generating, transporting, treating,
storing, or disposing of distillation
column residues from toluene
diisocyanate production who has not
already notified EPA should now do so.
(As explained below, we also do not
intend to bar such persons from
eligibility for interim status.)
One further clarification. The Agency
• has added one new listing description in
its final list of hazardous wastes from
nonspecific sources (§ 261.31), namely
"wastewater treatment sludges from the
chemical conversion coating of
aluminum" (Hazardous Waste No.
F019). This waste previously was
included within the scope of § 261.31
Hazardous Waste No. F006, which
listing was promulgated in interim final
form on May 19,1980. Persons who
generate, transport, treat, store, or
dispose of waste F019 are not required
to notify as a result of today's action.
Such persons should already have
notified the Agency that they handle
waste F006.
2. Finalized Waste Listings Which Were
Proposed on May 19, 1980
Persons who generate, transport, treat,
store, or dispose of wastes which were
proposed for listing on May 19,1980,
which are today being finalized
(§ 261.32, wastes K093-100), are not
required to notify so long as they
previously notified the Agency that they
handle a hazardous waste and received
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Federal Register /Vol. 45, No. 220! / Wednesday, November 12, 1980 / Rules and Regulations 74885
• an I.D. number.* Persons who have not
previously notified EPA and who now
generate or handle these wastes must
now notify EPA of their activities under
Section 3010 no later than February 10,
1981i Notification instructions are set
forth in 45 FR 12746 (February 26,1980)..
3. Waste Listings Taking Effect as
Interim Final Regulations
Persons who generate/transport, treat,
store, or dispose of waste* which were
promulgated in the May interim final list
and are taking effect as-interim final
regulations (namely § 261.32.Hazardous
Waste Nos. K001 and K035) are not
required to notify again since all such
persons should have already notified by
or before August 18,1980.
b. Other Compliance Dates
Beginning on November 19,1980,
persons handling wastes listed in final •
or interim final form in § § 261.31 and
261.32 which listings were promulgated
in interim final form on May 19,1980,
must comply with all applicable
standards for hazardous waste
generators, transporters, and owners or
operators'of hazardous waste
management facilities set forth in 40
GFR Parts 262 through 265 and 122
through 124.
Beginning on May 12,1981, persons
handling wastes listed in final form in
§ § 261.31 and 261.32 which were
proposed for inclusion on May 19,1980
must comply with all applicable
standards for hazardous waste
generators, transporters, and owners or
operators of hazardous waste
management facilities set forth in 40
CFR Parts 262 through 265 and 122
through 124.
The owners or operators "of all
existing hazardous waste management
facilities which treat, store or dispose of
wastes listed in these regulations.which
were proposed for inclusion on May 19,
1980, and who wish to qualify for
interim status under Section 3005(e) of
RCRA, must file a notification by
February 10,1981, unless they have
notified previously (as described in a. 2.
above), and must file a permit
application by May 12,1981 (see 40 CFR
§ 122.23(a) (1) and (2)). •
Owners or operators of facilities who
have qualified for interim status and
wish to manage wastes listed in the final
regulations which wastes were proposed
for listing on May 19,1980 must submit
'Our authority for this action is the recent
amendment to Section 3010(a) of RCRA contained
in the Solid Waste Disposal Act Amendments of
1980 (P.L. 98-452, (October 21.1980)), which
amendment leaves the requirement for notification
following revision of the Section 3001 regulations to
the discretion of the Administrator.
an amended permit application-by May
12,1981 (see 40 CFR § 122.23(c)(l)).
Owners or operators of facilities with
interim status who do not comply with
these requirements are precluded from
managing these wastes after May 12,
1981. '• •
Persons handling distillation residues
from toluene diisocyanate production
{§ 261.32 Hazardous Waste No. K027)
who have not notified the Agency of
their activities, and (in the case of
existing facilities) have not filed a
permit application, and who failed to .
take these actions due to reliance on the
listing description of this waste which
was promulgated on May 19,1980, must
comply with all applicable standards for
hazardous waste generators,
transporters, and owners or operators of
hazardous waste management facilities
set forth in 40 CFR Parts 282 through 265
and 122 through 124 by May 12,1981.
The owners or operators of existing
facilities which treat, store, or dispose of.
this waste which have not already
qualified for interim status and who
wish to qualify for interim status, must
file a notification by February 10,1981,
provided that the failure to notify and
file a permit application was due to
reliance on the listing description of this-
waste which was promulgated on May
19,1980.
Address Information Continued
Among other things, the docket will
contain background documents which
explain, in more detail- than the
preamble to this regulation, the basis for
many of its provisions. These
background documents are not available
immediately but are expected to become
available within the next two weeks.
The Agency believes it important to
provide notice on the final waste listings
to the regulated community as soon as
possible before November 19,1980 and
so is publishing this regulation slightly
in advance of the availability of revised
background documents.
I. Penalization of § § 261.31 and 261.32
Hazardous Waste Lists
On May 19,1980, as part of its final
and interim final regulations
implementing Section 3001 of RCRA,
EPA published a list of hazardous
wastes (Subpart D of Part 261) which
included 85 wastes from manufacturing
processes (§§ 261.31 and 261.32, 45 FR
33123-33124). These lists were published
in interim final form to allow the public
an opportunity to comment on
additional data the Agency had
collected on these wastes since the
close of the initial public comment'
period on the proposed Subtitle C
regulations (43 FR 58957-58959,
December 18,1978).
At the same time, the Agency- also
proposed for comment eleven additional
hazardous waste listings (45 FR 33136—
33137, May 19,1980). All of these wastes
were identified by the Agency in the
course of developing the necessary
technical data: to support the May 19,
1980, interim final hazardous waste list.
The Agency received a large number
of comments on both the interim final
and proposed hazardous waste listings.
We have evaluated these comments
carefully and responded in detail in the
-respective listing background
documents. We are setting forth in this
preamble our disposition of the listings
published in interim final and proposed
form on May 19,1980 and also
summarizing the basis for our actions as
to each of these listings.
A. Wastes for Which No Comments
Were Received and No Changes Were
Made to the Hazardous Waste Listings
or Respective Background Documents
No comments were received on thirty-
five of the hazardous waste listings
published on May 19,1980. In addition,
the Agency is not making any
substantive changes to either the
hazardous waste listings or to the
respective background documents as a
"result of its evaluation of these listings.
Included in this category are wastes
from the production of organic
chemicals, pesticides, explosives,
ferrous and nonferrous metals, and
wastes from the petroleum refining
industry. We therefore are promulgating
all of these listings as final regulations.*
B. Wastes for Which Modifications
Were Made to the Respective Listing
Background Documents as a Result of
Independent Agency Re-Evaluation
For sixteen other hazardous waste
listings, the Agency decided to revise
"No comments were received challenging the
hazardousness of certain wastes generated during
primary copper, lead, and zinc production
(Hazardous Waste Nos. K064-OS8). However.
challenges have been raised as to the Agency's
authority to regulate these wastes as weil as certain
wastes from metal recovery operations (Hazardous
Waste Nos. F013-015), based upon a recent -
amendment to RCRA contained ir. the Solid Waste
Disposal Act Amendments of 1380 f?-jb. L. 96—452
(October 21.1930)) which prohibit EPA from
regulating, under Subtitle C of RCRA. solid wastes
from the extraction, beneficiaiion and processing of
ores and minerals until certain studies and •
rulemaking are completed. The Agency is uncertain
about whether the-scope of the statutory
amendment covers the aforementioned listed
wastes. Therefore, it is going ahead with the
finalization of these listed wastes in this action, but
with the understanding that, in a separate
rulemaking action, it might void these final listings.
in whole or in part, by promulgation of an exclusion
under I 261.4(bJ to implement the statutory
amendment. ,
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74886 Federal Register / Vol. 45, No. 220 / Wednesday, November 12, 1980 / Rules and Regulations'
the respective listing background
documents largely as a result of our own
• re-evaluation of these documents, rather
than because of public comment. The
substantive points addressed in the
revised background documents are: (1)
retention of chromium as a hazardous
waste constituent, (2) removal of
chemical tars as a hazardous waste
constituent, and (3) removal of quinones
as a hazardous waste constituent. No
wastes were deleted from the hazardous
waste list due to these revisions, but
chemical tars and quinones have been
deleted as constituents of concern from
a number of these waste streams.
(1) Relent/on of Chromium as a
Hazardous Waste Constituent—In a
previous rulemaking action, the Agency
has indicated that its principal
regulatory concern in regulating
chromium-bearing wastes under the
hazardous waste management program
is hexavalent chromium rather than
total chromium (see 45 FR 72029,
(October 30,1980)). In that action, we
proposed to amend the characteristic of
EP toxicity to apply to hexavalent
chromium rather than total chromium,
temporarily excluded certain bivalent
chromium-containing wastes from
Subtitle C regulation, and deleted (from
§ 281.32) wastes from the leather
tanning and finishing industry and from
the production of titanium dioxide by
the chloride process.
In taking these actions, we also
reviewed all of the other interim final •
and proposed waste listings which listed
chromium as a waste constituent of
concern, and re-evaluated these wastes
to determine if they should continue to
be listed due to the presence of
chromium. These chromium-containing
wastes are generated in electroplating
operations (5 261.31 Hazardous Waste
No. F006), in the manufacture of
inorganic pigments (§ 261.32 Hazardous
Waste Nos. K002-K008), in petroleum
refining operations (§ 261.32 Hazardous
Waste Nos. K048-K051), in the iron and
steel industry (§ 261.32 Hazardous
Waste Nos. K061-K063), and in
secondary lead smelting (§ 261.32
Hazardous Waste No. K069 and a
proposed listing). The Agency has
concluded that all of these chromium-
bearing wastes should continue to be
listed as hazardous due to their
chromium content because all derive
from processes which use or produce a
waste which contains hexavalent
chromium, and all are expected to
contain significant concentrations of
hexavalent chromium. The basis for this
conclusion is explained in the preambles
to our respective interim final and final
actions dealing with chromium.(see 45
FR at 72035-72039) (October 30,1980).
We also have revised the respective
listing background documents to
indicate why we believe these wastes
contain hexavalent chromium in
significant concentrations.*
(2) Removal of Chemical Tars as d
Toxic Constituent—The Agency listed
chemical tars as hazardous constituents
of concern in three waste streams:
distillation light ends and distillation
bottoms from the production of phthalic
anhydride from naphthalene (Hazardous
Waste Nos. K023 and K024), and
centrifuge and distillation residues from
toluene diisocyanate production
(Hazardous Waste No. K027). In re-
evaluating the toxicity of chemical tars,
the Agency believes that insufficient
data is currently available to consider
chemical tars as suspect carcinogens or
otherwise toxic. Therefore, the Agency
has removed chemical tars as a
constituent of concern for these waste
streams. We also have deleted chemical
tars as constituents from Appendix VII
to Part 261, and from the list of toxic
chemical constituents in Appendix VIII
to Part 261.
(3) Removal of Quinones as a
Hazardous Waste Constituent—The
Agency listed quinones as a hazardous
constituent of concern in waste stream
No. K094 (distillation bottoms from the
production of phthalic anhydride from
ortho-xylene). In re-evaluating the
toxicity of these compounds, the Agency
believes that insufficient data is
currently available regarding the acute
and chronic effects of the higher
molecular weight quinones and their
derivatives to support designating them
as toxic constituents of a waste. The
Agency would only expect to find the
higher molecular weight quinones in
Waste K094, based on the process
chemistry. Therefore, the Agency has
removed quinones as a constituent of
concern for this waste stream. We also
have deleted quinones as a constituent
from Appendices VII to Part 261, and
from.the list of toxic chemical
constituents in Appendix VIII to Part
261.
Existing toxicological data do,
however, support the listing of
benzoquinone and isomers, and these
compounds will therefore be added to
Appendix VIII of Part 261. Since the
Agency's health effects document on
quinones (Appendix A to the hazardous
waste listing background documents)
described the toxic effects of these
compounds, we are not reproposing
their inclusion.
C. Wastes far Which Comments Were
Received But No Changes Were Made
to the Hazardous Waste Listings
The Agency received comments
disputing the hazardousness of or
challenging aspects of the Agency's
rationale for listing certain wastes from
iron and steel manufacture (§ 261.32 '
Hazardous Waste No. K062), and from
the production of acrylonitrile
(Hazardous Waste Nos. K011, K013,
K014),. carbon tetrachloride (Hazardous
Waste No. K016), epichlorohydrin
(Hazardous Waste No. K017), ethyl
chloride (Hazardous Waste No. K018),
ethylene dichloride and vinyl chloride
(Hazardous Waste Nos. K019-K020),
fluoromethanes (Hazardous Waste No.
K021); phenol/acetone from cumene
(Hazardous Waste No. K022), 1,1.1-
trichloroethane (Hazardous Waste Nos.
K028-K029), 2,4,5-T (Hazardous Waste
No. K042), 2,4-D (Hazardous Waste No.
K043), explosives (Hazardous Waste
Nos. K044-K045 and K047), and certain
spent halogenated and non-halogenated
solvents and the still bottoms from the
recovery of these solvents (Hazardous
Waste Nos. F001-F004). In evaluating
these comments, the Agency did not
agree with the substantive criticisms,
and did not modify the listing
description or the constituents which
form the basis for listing' the waste.* The
applicable background documents now
have been revised to respond to each
comment.**
D.. Wastes for Which Comments Were
Received Which Resulted in
Modifications to the Hazardous Waste
Listings and to the Applicable
Background Documents
Comments also were submitted on
§ 261.31 hazardous wastes F005, F006,
F007-F012 and § 261.32 hazardous
wastes K027 and K061. EPA has
carefully reviewed these comments and
concluded that the listing description or
basis for listing (or both) should be
changed. These amended hazardous
waste listings are discussed below.
More detailed discussion of the reasons
for amending the listings or the basis for
listing is contained in^the applicable
background documents.
(1) Spent Non-Halogenated Solvents
(Hazardous Waste No. F005)—In our
listing of spent non-halogenated
*As explained later in this preamble, however,
some of these wastes are being deleted from the
hazardous waste list for reasons other than whether
they contain trivalent or hexavalent chromium.
*The various listing descriptions of spent solvents
(Hazardous Wastes Nos. F001-004) have, however.
been amended to correct grammatical errors. The
listing description of waste F005 is be-ing amended
similarly.-
*'A summary of our responses are not possible
here due to the number and diversity of comments.
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Federal Register / Vol. 45, No. 220 '/• Wednesday, November 12, 1980 /Rules and Regulations 74837
solvents and still bottoms from the
recovery of those solvents, we listed the
solvents methanol and methyl isobutyl
ketone as both toxic and ignitable. After
reviewing the comments, we now
believe that these solvents were '
erroneously listed as toxic. Methanol
has a very low oral toxicity (Sax, N.
Irving, Dangerous Properties of
Indvstrial Materials, Fifth edition. Van
* Nostrand Reinhold Co., 1979) and in fact
is a government-approved food additive.
The principal chronic effects of methyl
, isobutyl ketone are eye and throat
irritation and gastrointestinal upset. The
Agency, therefore, will no longer list
either solvent as a toxic waste.
However, spent methanol and spent
methyl isobutyl ketone will continue to
be listed as ignitable wastes under
Hazardous Waste No. F003 (rather than
F005),-since both are highly flammable.
, (2) Wastewater Treatment Sludges
from Electroplating Operations '
(Hazardous Waste No. F006)—A
number of commenters argued that the
listing "wastewater treatment sludges
from electroplating operations" was
overbroad, including a number of
processes which would not generate a
hazardous waste because the hazardous
waste constituents of concern—
chromium, cadmium, nickel and
cyanides—are not used in these
processes and thus would not be
expected to be present in the sludges.
The Agency agrees with these
commenters and has therefore modified
this listing "to exclude wastes generated
by the following electroplating
processes: (1] tin plating on carbon steel,
(2) zinc plating (segregated basis] on
-. carbon steel, (3) aluminum or zinc-
aluminum plating on carbon steel, (4) all
cleaning/stripping associated with tin,
zinc and aluminum plating on carbon
steel, (5) sulfuric acid anodizing of
aluminum, and (6) chemical etching and
milling of aluminum.
The Agency also made one further
change to the listing of electroplating
wastewater treatment sludges. Certain
comments challenged the listing of
wastewater treatment sludges from the
chemical conversion coating of
aluminum. We disagree, largely because
this plating process is both cyanide and
hexavalent chromium-based. However,
we believe that these sludges will not
contain cadmium and nickel, two of the
constituents of concern in other listed
electroplating wastewater treatment
sludges. We therefore are adopting in
final form a separate listing designation
for wastewater treatment sludges from
the chemical conversion coating of
aluminum (Hazardous Waste No. F019)
and indicating in Appendix VII that the
waste constituents of concern are
complexed cyanides and hexavalent
chromium.
(3) Spent Waste'Cyanide Solutions
and Sludged (Hazardous Waste Nos.
F007-F012)—A number of commenters
have indicated that the Agency, in
listing wastes F007 to F012,
inadvertantly included wastes generated
by processes that do not use cyanide
salts or complexes, the sole constituent
of concern for these wastes.*
In determining to list these wastes, the
Agency intended only to include wastes
that may contain cyanide salts or
complexes.because cyanide compounds
are used in the process generating these
wastes. Therefore, the hazardous waste
listing description has been modified to
make it clear that only those processes
which use cyanide salts or complexes
are covered by the listing.
We also received comments that
solutions and sludges from precious
metals electroplating and metal heat
treating operations presently included
within the scope of Hazardous Waste
Nos. F007-F012 are not solid wastes
because they are not "sometimes
discarded" within the meaning of- § 261.2
of the regulations. These solutions and
sludges are instead always sent to metal
recovery operations due to the value of
the contained precious metals.
We agree with the commenter that
these materials are not "solid wastes"
under the current definition. We
therefore are revising our listing .
description of wastes F007 to F012 to
exclude solutions and sludges
specifically generated by precious
metals electroplating and metal heat
treating operations.*
(4) Wastes from the Production of
Toluene Di/socyanate (Hazardous
Waste No. K027J—&. Clarification of
Listing—One commenter indicated that
the listing of "Centrifuge residue from
toluene diisocyanate production"
needed clarification since the listing
background document described both
centrifuge and-distillation residues as
hazardous wastes, while the waste
'This same comment was also made for
Hazardous Waste No. F013, "Flotation tailings from
selective flotation from mineral metals recovery
operations." In response to other comments,
however, this particular listing has been deleted
from the hazardous waste list. See Section E for a
more detailed discussion.
"We note, however, that we may in the future
revise the definition of solid waste ($ 261.2), and
that these materials may be included as solid
wastes under a revised dafinition. Should the
definition be amended so as to include this type of
material, we do not intend to repropose a hazardous
waste listing, since this listing has already been
proposed and promulgated in interim final form, and
the opportunity for public comment has teen
utilized fully.
listing description in § 281.32 specified
only centrifuge residues.
The Agency agrees that a clarification-
is needed, and has amended the final
, listing description to clarify that wastes
generated from both centrifuge and
distillation units iii the production of
toluene diisocyanate are included. We
believe that the original listing
background document clearly reflected
our intent to include residues from both
centrifuge and distillation columns
(since the wastes appear to be virtually
identical in composition as explained in
the initial listing background document),
and therefore are not reproposing any.
aspect of this listing.
b. Deletion of Certain Bases for
Listing—We are deleting chemical tars
(benzidimidazapone) as a waste
constituent of concern because of
insufficient-data as to their toxicity.
(6) Emission Control Dust/Sludge -
'from Electric Furnace Steel Production
(Hazardous Waste No. K061)—One
commenter indicated that it is unclear if
the listing of "Emission control dust/
sludge from the electric furnace
production of steel" applied only to
primary steel production or to both
primary steel producers and to foundries
using steel scrap in their electric furnace
production.
In listing this waste stream, we
intended only to include wastes from
primary steel production. This intent is
reflected in the listing background
document, which refers throughout to
primary steel production. We are
uncertain whether foundry electric
furnace emission control dusts and
sludges are sufficiently similar in
composition to warrant inclusion in the
same listing, so we are evaluating the
protential hazardousness of foundry
industry wastes in separate actions.
(See 44FRat 49404 (August 22,1979),
and 45 FR 47836 (July 16,1979)
(proposing various waste streams from
the foundry industry).)
K Wastes for Which Comments Were
Received Which Resulted in Deletion of
the Wastes From the Hazardous Waste
List
Certain of the wastes listed in interim
final form were deleted from the list as a
result of industry commer.t.'Our basis
for removing these wastes are discussed
below and in the respective listing
background documents. It must be
emphasized, however, that it is still the
responsibility of the generator of these
wastes to evaluate the wastes to see if
they exhibit any of the characteristics of
hazardous waste.
(1) Flotation Tailings From Selective
Flotation From Mineral Metals
Recovery Operations (§ 261.31
-------
74888 Federal Register / Vol. 45, No. 220 / Wednesday, November 12, 1980 / Rules xand Regulations '
Hazardous Waste No. F013}—In
response to comments, the Agency has
removed waste F013 from the hazardous
waste list. It appears that the Agency
overestimated the amount"of complexed
cyanides present in the waste. '
Specifically, reliable analytical data
Indicate that concentrations of
complexed cyanides in this waste
stream are very low and are present in a
stable form, so that migration of free
cyanides from this waste is unlikely to
occur, and in any case would be quite
unlikely to occur hi significant
concentrations. We thus do not believe
that this waste would pose a substantial
hazard to human health and the
environment if improperly managed.
(2) Dewatered Air Pollution Control
Scrubber Sludges from Coke Ovens and
Blast Furnaces (§ 261.31 Hazardous
Waste No, F016)—In response to
comments, the Agency also has removed
"waste F016 from the hazardous waste
list. As with flotation tailings, the
Agency overestimated the amount of
complexed cyanides contained in these
wastes. Data also indicate that the
cyanide present in this waste stream has
low migratory potential. Therefore, the
Agency does not believe that this waste,
if improperly managed, would be
capable of presenting a substantial
hazard to human health and the
environment.
(3) Still Bottoms from the Final
Purification of Acrylonitrile in the
Production of Acrylonitrile (§ 261.32
Hazardous Waste No. K012J—ln. re-
assessing the ultimate disposition of this
particular waste, the Agency has
learned, after contacting all the
producers, of acrylonitrile, that this by-
product is always used as an
intermediate product in the
manufacturing process.lt therefore is
not a solid Waste, as that term currently
is defined (see § 281.2(c)(3)). Therefore.
waste K012 has been removed from the
hazardous waste list.*
(4) Sludge from Lime Treatment of
* Spent Pickle Liquor from Steel Finishing
Operations (§ 261.32 Hazardous Waste
No. K063}—We have decided to revise
our regulatory approach to this waste
stream. Several comments indicate that
this waste may not be hazardous,
particularly if the lime treatment process
is conducted effectively. At the same
lime, however, insufficient data was
submitted to warrant a conclusion that
these wastes will typically and
frequently not be hazardous. Our
concern is that these wastes derive from
a hazardous waste (spent pickle liquor
from steel finishing (K062)) which may
contain high concentrations of lead and
chromium. These heavy metals not only
will be present hi the treated sludge, but
will be found there in even more
concentrated form. Since the waste is
generated in large volumes, the potential
for hazard appears substantial if
uncontrolled leaching occurs. A number
of damage incidents caused by
improperly neutralized spent pickle
liquor treatment sludges bear out our
concern.
Under these circumstances, we have
decided that these waste sludges still
should be regulated as hazardous, but to
delete these wastes from the hazardous
waste list, and instead to rely on the
provisions of § 261.3 to bring these
wastes within the hazardous waste
management system. Since these lime
treatment sludges are generated from
the treatment of a listed hazardous
waste (K062), they are considered to be
hazardous wastes (§ 261.3(c}(2)).
Further, they remain hazardous wastes
until they no longer.meet any of the
characteristics of hazardous waste and
are delisted (§ 261.3(d)(2)).
The delisting provision (§ 260.22)
requires petitioners to consider a range
of factors in showing why a waste does
not meet the criteria for listing
contained in § 281.11 (a)[3). Since our
chief concern with these lime treatment
sludges is whether-they will leach
significant concentrations of lead and
chromium, we will consider delisting
petitions for these wastes to be
adequate if petitioners show that
concentrations of lead and chromium in
EP. waste extracts are significantly less
than the maximum concentration levels
for lead and chromium contained in
§ 261.24, without requiring consideration
of the other delisting factors. We also
will consider an industry-wide
rulemaking petition to exclude these
wastes from, RCRA Subtitle G
jurisdiction if industry presents'
representative data showing the wastes
are not hazardous.*
F. Wastes for Which No Final Action
Will Be Taken By November 19, 1980
Five of the wastes listed in interim
final and proposed form will not be
finalized before the effective date of the
regulations (November 19,1930).
Included are wastes generated from the
wood preserving industry, wastes from
the production of creosote, and wastes
from the production of methomyl. Our
•A* we indicated earlier in this preamble, the
Agency !> contemplating revising the definition of
"solid wailo" contained in § 281.2. which may have
(ho effect of making these materials subject to
Subtitle C regulation.
'Persona who generate, transport, treat, store or
dispose of these Time treatment sludges are not
required to notify the Agency of this activity,
provided an appropriate notice already was filed
with respect to waste No. KCB3.
reasons for delaying final action on"
these waste listings are discussed
below:
(1) Wastes, From the Wood Preserving
Industry'(I 261.32 Hazardous Waste No.
K001 and a proposed listing)—The
American Wood Preservers Institute
argued that the listing of wastes
generated from the wood preserving
industry (bottom sediment-sludge from
the treatment of wastewaters from wood
preserving processes that use creosote
and/or pentachlorophenol (Hazardous
• Waste No. K001) and wastewater from
wood preserving-processes that use
creosote and/or pentachlorophenol (a
proposed listing)), was not adequately
supported by the available data and
argued further that regulation of these
wastes should be deferred pending
completion of the Agency's Rebuttable
Presumption Against Registration
(RPAR) evaluation of creosote and
pentachlorophenol.
With respect to the proposed listing of
process wastewater, we have decided
not to finalize this listing in order to take
more time to evaluate data contained in
industry comments. With respect to the
interim final listing of wastewater
• treatment bottom sediment sludges, the
Agency believes this listing is supported
by our present data. EPA also does not
beiieve it should defer regulation of
these wastes under RCRA until
completion of the RPAR process, since
that process is conducted pursuant to a
statutory standard different from
RCRA's, and moreover does not
consider the composition of wood
preserving manufacturing process
wastes or their potential to cause
substantial hazard if mismanaged.
We have decided, however, to allow
additional opportunity for comment on
the interim final listing of bottom
'sediment sludges (as well as on the
proposed listing of .process wastewater).
Since the close of the comment period,
the Agency has identified additional
data which we believe further supports
and strengthens our position. We have
revised the listing background document
to incorporate this informaton as well as
additional information on process
wastewater. In order to get the benefit
of industry comment, we are re-opening
the comment period on this additional
data and on the revised listing
background document.
The listing of bottom sediment
wastewater treatment sludges will still
take effect on November 19,. 1980 as an
interim final'regulation. We see no
prejudice in this action since the
industry has had (and utilized) several
opportunities, for comment, and we
believe that the additional data further
supports .the listing of waste stream
-------
Federal Register / Vol. 45, No. 220 / Wednesday, November 12, 1980 / Rules and Regulations 74889
KOOl. As stated above, the proposed
listing of process wastewater will not be
finalized at this time, and so will not
become effective'until finalized.
(2) Wastes from the Production of
Creosote (% 261.32 Hazardous Waste No.
K035 one? a proposed listing)—One
commentor argued that many of the
statements made in the listing
background document on creosote
a production applied to unlisted waste
streams or reflected incorrect
information regarding the production
process. In evaluating these comments,
* we now believe it more appropriate to
speak of an integrated coke oven
production process, of which the listed
waste stream, wastewater treatment
sludge from creosote production, is one
of the integrated process wastes. We
intend to propose in the near future an
expanded listing to include wastes from
by-product coke making production. At
the same time, however, we believe that
the listing background document, as
revised to respond to comments,
adequately supports the listing of
creosote production wastewater •
treatment sludges, and we therefore are
allowing this listing to take effect on
November 19,1980 as an interim final
regulation.
We are evaluating more data
concerning the proposed listing of
creosote production process.
wastewater, and believe tentatively that
this waste stream is more accurately
viewed as part of an integrated
production process. We therefore will '
not finalize our proposal at this time.
(3) Wastewater From the Production
ofMethomyl (proposed listingJ—The
two manufacturers of methomyl
objected to the inclusion of this waste
stream in the hazardous waste list.
Among other things, they argued that
methomyl, a principal constituent in the
waste and the primary basis for listing,
is not persistent in water, and so is
unlikely to remain in process
wastewater in significant
concentrations.* Since the Agency has
not had an opportunity to fully evaluate
all of the available data on methomyl's
persistence, we have decided to delay
final action on this particular listing. The
Agency expects to make a final decision
on wastes from methomyl production
within the next several months.
II. Finalization of Appendices VII and
to Part 261
A. Appendix VII •
Appendix VII to Part 261 sets forth the
hazardous constituents for which each
of the wastes in § § 261.31 and 261.32 are
listed. This appendix has been revised .
to reflect changes made in the
underlying listings, and is being
finalized in this revised form.
B. Appendix VIII
Appendix. VIII to Part 261 contains a
list of chemical constituents which have
been shown, in scientific studies to have
toxic, carcinogenic, mutagenic or
teratogenic effects on humans or other
life forms. A solid waste will be listed as
a toxic hazardous waste if it contains
any of these designated constituents,
unless, after consideration of a number
of factors, the Administrator concludes
that the waste is not capable, of posing a
substantial present or potential hazard
to human health or the environment
when improperly managed
(§ 261.11(a)(3)).
The Agency has received a number of
comments on this Appendix which
resulted in modifications to the list of
toxic constituents, and also has made a
number of changes to the listed
constituents'as a result of independent
revaluation. These changes are
summarized below.*
A. Constituents Which Were
Inadvertently Omitted From the List of
Toxic Constituents
The Agency identified a number of
toxic chemicals which were indicated as
being toxic either in the respective
listing background documents, or in
§ § 261.24, 261.33, or Appendix VH to
Part 261rbut were omitted inadvertantly
from Appendix VIII. We are correcting
these omissions by. adding these toxic
constituents to Appendix VIII.
B. Constituents for Which Comments
Were Received Which Resulted in the
Deletion of the Constitutent From the
List of Toxic Constituents
As indicated earlier in this preamble,
the Agency has re-evaluated the toxicity
of the solvent methanol and methyl
isobutyl ketone, and has determined
that they should not be listed as toxic
wastes. We therefore are deleting
methanol and methyl isobutyl ketone
from Appendix VIII.
'Pyridene and methylene chloride are also
included as a basis for listing this waste. However,
as a result of comments, the Agency learned that
pyridine is not expected to be present in the waste
while methylene chloride is only expected to be
present in the wasfewater from one of the two
plants.
•When the Agency finalizes § 261.33 of the
regulations, additional compounds also may be
removed from Appendix VIII. However, none of the
chemicals which may be deleted from § 261.33 are
constituents of wastes listed in §§ 261.31 and 261.32,
so we believe it appropriate to wait until we act on
I 261.33 to make the corresponding changes to
Appendix VIII.
C. Constituents for Which No
. Comments Were Received But
Modifications Were Made To The List
of Toxic Constituents
Finally, in reviewing the list of toxic
constituents, the Agency has made
several minor changes to this list to
correct typographical errors, to remove
duplications, and to clarify the identity
of listed chemicals.
III. Technical Amendment to § 261.30(d)
§ 261.30(d) indicates that certain
wastes listed in §§ 261.31 and 261.32 are
subject to 'small quantity limitations less
than the 1000 kg per month level
established in § 261.5(a). The Agency
has not, as yet, designated any such
wastes.
A number of commenters found this
provision confusing. For purposes of
clarification, the Agency is therefore
modifying the language of § 261.30(d) to
indicate that no wastes presently are
subject to this provision, but that wastes
listed as acutely hazardous in §§ 261.31
and 261.32 in the future may be subject
to lower limitation levels.
IV. The Status of Other Listed Wastes
and Wastes Which the Agency Intends
to List
To better inform the regulated
community, the Agency adds a brief
summary to its other listing activity
[current and prospective) under the
Subpart D regulations. Regulations at
issue are the list of 361 commercial
chemical products and manufacturing
chemcial intermediates in § 261.33
(promulgated hi interim final form on
May 19,1980 (45 FR 33124-33126)), the
interim final and proposed list of wastes
from nonspecific and specific sources
published on July 16,1980 (45 FR 47832-
47836), and the wastes mentioned in
Appendix B of the May 19,1980
preamble to the hazardous waste
regulations (45 FR 33118-33119) which
the Agency indicated would be
promulgated in final form by Fall, 1980.
The Agency expects to promulgate
final or interim final listings according to
the following time table:
A. List of Commercial Chemical
Products (§ 261.33)
The Agency expects to finalize the list
of commercial chemical products and
manufacturing chemical intermediates
before the November 19,1980,effective
date of these regulations. We anticipate
removing ethylenediamine (Hazardous
Waste No. P053), N-
nitrosodiphenylamine (Hazardous
Waste No. P083), oleyl alcohol
condensed with 2 moles ethylene oxide
(Hazardous Waste No. P086), and 1,2-
-------
74890 Federal Register / Vol. 45, No. 220 / Wednesday, November 12", 1980 / Rules and Regulations
propahediol (Hazardous Waste No.
P100) from the § 261.33(e) and (f) lists.
Most questions of interpretation of
§ 261.33 will be deferred, however, until
issuance of a regulatory interpretation
memorandum which is expected by the
end of the year.
(July 18, 1980)
The Agency contemplates finalizing
these listings in December, 1980. The
effective date of these listings is January
16, 198.1.
rAnnenHixB Listings
C. Appendix a Listings
Due to other priorities, the Agency
will not promulgate these listings by the
fall of this year, but does expect to take
final action by the Spring of 1981.
V. Economic Environmental and
Regulatory Impacts:
In accordance with Executive Order
11821, as amended by Executive Order
11949 and Executive Order 12044, EPA
has prepared an Economic Impact
Analysis and a Regulatory Analysis of
the hazardous waste program
promulgated on May 19, 1980. The effect
of today's action reduces the overall
cost economic impact and reporting and
recording impact of EPA's hazardous
being reduced. Since this action will
decrease the regulatory impact of the
Subtitle .G regulatory program, we have
not prepared a new Economic Impact
Analysis or Regulatory Analysis. The
Agency has also voluntarily prepared an
Environmental Impact Statement on the
program under the National
Environmental Policy Act, 42 U.S.C. 4321
et seq
Dated: November 4, i960.
Douglas M. Cbstle,
Administrator.
Title 40, Part 261 of the Code of
Federal Regulations is finalized as
follows:
1. § 261.31 (Hazardous waste from nonspecific sources) is revised to read as
follows:
§ 261.31 Hazardous waste from nonspecific sources.
IfxtoJSY »nd EPA hazafdota waste «
No. •
Hazardous waste
Hazard code
F008
F01 1
cm? ,
The foBowing spar* halogenated solvents -used in deceasing: tetrachtor-
oeffiyferw, Irichtoroethylene, meihytene chloride, 1,1,1-trichloroelhane,
carbon tetrachloride, and chlorinated fluorccarbons; and sludges from
tha recovery of these solvents in degreasing operations.
Tha following spent natogenated solvents: tetrachloroethylene, meihytene
chlorids, Wchloroetnylene, 1,1,1-Wchloroetnane. chtorobenzene, 1,1,2-
«cNoro-tA2-Wuloroethane, orthc-dichotorobenzene, and
ticfctoofluofcnwtnane; and the still bottoms from the recovery of these
solvent*.
Tha foSowing spent non-natogenated solvents: xyiene. acetone, ethyl ace-
law, ethyl benzene, ethyl ether, methyl tsobutyl ketone, n-butyl alcohol,
cyctohexinone, and methanol; and the scH bottoms from the recovery
of thesa solvents. .'
The following spent non-hatogenated solvents: cresols and cresylfe acid,
and nitrobenzene; and the si* bottoms from the recovery of these eol-
-
The following spent non-hatogenated solvents: toluene, methyl ethyl ketone,
carbon disurSde. feobutanol, and pyridine; and the still bottoms from the
recovery of thesa solvents.
. Wastewater treatment sludges from electroplating operations except from
tha fofcwing processes: (1) sulfuric add anodizing of aluminum; (2) tin
plating on carbon steel; (3) zinc plating (segregated basis) on carbon
staer; (4) aluminum or zinc-aluminum plating on carbon steel: (5) clean-
ing/stripping associated with tin, zinc and aluminum plating on carbon
steel; and (6) chemical etching and mining of aluminum.
Wastawater Irealment sludges from the chemical conversion coating of alu-
minum.
Spent cyanide plating bath solutions from electroplating operations (except
(or precious metals electroplating spent cyanide plating bath solutions).
Plating bath sludges from the bottom of plating baths from electroplating
operations whare cyanides are used In the process (except for precious
metcls electroplating plating bath sludges).
. Spent striping and cleaning bath solutions from electroplating operations
where cyanWes are used in the process (except for precious metals
electroplating spent stripping and cleaning bath solutions).
. Ouenchmg bath sludge from oi) baths from metal heat treating operations
where cyanides are used in the process (except for precious metals
heat-treating quenching bath sludges).
Spent cyanide solutions from salt bath pot cleaning from metal heat treating
operations (except for precious metals heat treating spent cyanide so-
lutions from salt bath pot cleaning).
. Quenching v/astewater treatment sludges from metal heat treating oper-
ations where cyanides are used in the process (excspt for precious
metals heat treating quenching wastewater treatment sludges).
Cyanidation wastewater treatment tailing pond sediment from mineral
metals recovery operations.
Spent cyanida bath solutions from mineral metals recovery operations ------
CO
(T)
(T)
(I, T)
(T)
(T)
(R. T)
(R, T)
(R, T)
(R, T)
(R, T)
(T)
fT)
(R, T)
2. § 262.32 (Hazardous wastes from specific sources) is revised to read as
follows: • , ' . ;
-------
federal Register. / Vol. 45, No. 220 / Wednesday, November 12. 1980 / Rules and Regulations 74891
- § 262.32 Hazardous wastes from specific sources.
Industry and EPA hazardous waste..
No.
Hazardous waste
Hazard code
Wood Preservation:
K001
Inorganic Pigments:
K002
K003 '.........
K004 „.
K005. ..........................................
K006
K007
K008 _....-..........„.
Organic Chemicals:
K009
K010
K01 1 _
K013
K014 _
K01 5 _ „
K016 _
K01 7 _....
K018.
K01 9 ...................
K020 ; ,
K021
K022
K023 _
K024 „ .:.
K093
K094 _
K025 .
K026 _._ „
K027 ....... .„. „
K028 ................_..„........ ...„
K029 :.
K095 ........... „.....,...._.
K096
K030 „ _ _.
Pesticides:
K031
K032_...._....« ._._ „..„.
K033 „.. . .
K034 _ _.
K097 ......; „
K03S
K036 _
K037 . .
K038
K039
K040
X041
KC98
K042
K043
K099
Explosives;
K044 . .
K045 _
K046 _
K047
Petroleum Refining:
K048 ,.
KOSO _. . .......
KOS1 „_ _.
K052 .........................
Bottom sediment sludge from trie treatment of wastewaters from wood pre-
serving processes that use creosote and/or pentachlorophenol. •
Was'tewater treatment sludge from trie production of chrome yeKow and
orange pigments.
Wastewater treatment sludge from the production of motybdate orange pig-
ments.
Wastewater treatment sludge from the production of zinc yellow pigments....
Wastewater treatment sludge from the production of chrome green pig-
• merits.
Wastewater treatment sludge from the production of chrome oxide green
pigments (anhydrous and hydrated).
Wastewater treatment sludge from the production of iron blue pigments
Oven residue from the production of chrome oxide green pigments —
Distillation bottoms from the production of acetaldehyde from-ethylene.
Distillation side cuts from the production of acetaldehyde from ethylene
Bottom stream from the wastewater stripper in the production of acryloni-
trile.
Bottom stream from the acetonitriie column in the production of acrylonitrile.
lonitrile.
Heavy ends or distillation residues from the production of carbon tetrachlo-
ride.
Heavy ends (still bottoms) from the purification column in the production of
eptehlorohydrin.
Heavy ends from the fractionation column-in ethyl chloride production..
Heavy ends from the distillation of ethylene dichloride in ethylene dichloride
production.
production.
Distillation bottom tars from the production of phenol/acetone from cumene
Distillation light ends from the production of phthalic anhydride from naph-
thalene.
Distillation bottoms from the production of phthalic anhydride from naphtha-
lene.
xylene.
. 'xylene.
benzene.
Stripping still tails from the production of methyl ethyl pyridines
Centrifuge and distillation residues from toluene diisocyanate production
Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-
trichloroethane.
Waste from the product steam stripper in the production of 1,1,1-trichlor-
oethane.
Distillation bottoms from the production of 1,1,1-trichloroethane
Heavy ends from the heavy ends column from the production of 1,1,1-trich-
loroethane.
Column bottoms or heavy ends from the -combined production of trichlor-
oethytene and perchloroethylene.
By-product salts generated in the production of MSMA and cacodylic acid....
Wastewater treatment sludge from the production of chlordane
Wastewater and scrub water from the chlorination of cyclopentadiene in the
production of chlordane.
Filter solids from the filtration of hexachlorocyclopentadiene in the produc-
tion of chlordane.
of chlordane.
foton.
Filter cake from the filtration of diethylphosphorodithioic acid in the produc-
tion. of phorate.
Untreated process wastewater from the production of toxaphene
Heavy ends or distillation residues from the distillation of tetrachtoroben-
zene in the production of 2.4,5-T.
Wastewater treatment sludges from the' manufacturing and processing of
explosives.
Spent carbon from the treatment of wastewater containing explosives
Wastewater treatment sludges from the manufacturing, formulation and .
loading of lead-based initiating compounds.
Dissolved air flotation (DAF) float from the petroleum refining industry
Heat exchanger bundle cleaning sludge from the petroleum refining industry
API separator sludge from the petroleum refining industry
Tank bottoms (leaded) from the petroleum refining industry -...-
(T)"'
CD
(T)
(T)
m
(T)
(T)
(T)
.(T)
CO
(RT)
(R, T)
(T)
(T)
(T)
m
(T) '
m
(T)
(T)
(T)
m
(T)
m«
{T} *
m'
rn
(RT)
m
en
m*
or
CO
(T)
m
(T) -
m
m«-
(T)*"
(T)
m
m
(T)
CO
or
m
m
(T)"
(R)
(R)
(T) -
(R)
(T)
(T)
(T)
(T)
(T)
-------
•" '.
74892 Federal Register / Vol. .'45, No. 220 / Wednesday, November 12, 1980 / Rules and ..Regulations'
Irxfciuy and EPA hazardous was!*
No.
Hazardous waste
Hazard coda
tan and Steefc
KWm, ,
kMl ..,,.._.„„.,._...
K"^?,,!, , ,-. , „,„
Primary Coppen
KGW ^-_.«.....
M „..•. Ammonia still Brrw sludge from coking operations ......„,
furnaces. ,
HWW.HWM..MM Acid plant blowdown slurry/sludge resulting from the thickening of blow-
down slurry from primary copper production.
(T)
n
(C.T)
m
Primary U*t
Primary Zinc
K068™__
Secondary Lead:
Surface impoundment solids contained in and dredged from surface im- (T)
poundments at primary lead smelting facilities.
Sludge from treatment of process wastewater and/or acid plant blowdown (T)
from primary zinc production.
Electrolytic anode slimes/sludges from primary zinc production _ (T)
Cadmium plant laachale residue (Iron oxide) from primary zinc production— (T)
Emission control dust/sludge from secondary lead smelling _ (T)
Waste leaching solution from acid leaching of emission control dust/sludge (T)*
from secondary lead smelting.
•Tim* watts listings take affect on (sot months after publication).
"TIWW wasti listings Uko etfect on November 19.1980 as interim lira! regulations.
3. Appendix VII (Basis of Listing
Hazardous Wastes) of Part 261, is
revised to read as follows:
EPA
oos
waste
No.
Hazafdou* constituents lor which listed
TaMeWoroamylane, meihyMrw chloride tricMoro-
athytens. 1.1.1-trtcMoroilhifl*. carbon tetra-
cMonde. cMormaicd tluorocarbons.
KQ02 ,-
KC03,,.
X004_
KC05.-™
KC07.
KC03 ,
K009,
KOIO.
KOU ,
K013 ,
K014..
KOI5.
K01S,
KOI7.
kxc-«!ity!ene, l.l.l-tr-cHsrcatharte, chloroben-
zone, 1,J,2.lnchkxo-1,2.2-ln!!uorce!nane, orthc-
dichtoiooaniefie. tncn!orofluoromeifcane.
NA,
C(»5Ci$ and crasyKc acid, nilrobenzena.
ToHMne. maihyl ilhyt ketona,. carbon disuHide.
Isobuianol, pyridine.
Cadmium, hexavalont chromium, nickel, cyanide.
(comp4ex*d),
Htxavaioftt chromium, cyanide (comptexed).
Cyanide (tatu).
Cyanide (salts).
Cyankf* (salts).
Cyanide (uHl).
Cyanide (salts).
Cyanide (compfcxed).
Cyanide (complejiad).
Cyan-do (salts).
Ptniachtorophenol, phenol, 2-chlorophenol. p-
cnlorc-flXfesot, 2.4-dtafllhySphanyl, 2,4-dinitro-
pfwnot, trichioirophancls, ;eirachtorophenols,
2,4.o7nttroptMnol. creosote, cruysene. naphtha-
lene, Suoranthene. benzo(b)lluoranthene.
benzo{a>pyfene. ind«no(lA3racene, acen-
aphthalene.
Kcjava'cnt chromium, lead.
Kaiavaiont cnronw.ii, tead.
Hs?iva;«m chfonwm.
H«>ava!«m chtomium, lead.
HeMrvMnl ctxommm.
Cyan«i» (ccrrpicxcd). hexavaient crxormum,
H«sava!i m criror.um.
CniocVocya
-------
-"Federal Register / Vol. 45, No. 220 / Wednesday, November 12,1980 / - Proposed Rules
74893
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
(SWH-FRL ,1664-8)
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste
AGENCY: Environmental Protection
Agency.
ACTION: Proposed Rule.
SUMMARY: Pursuant to Sections 3001 and
7004-of the Resource Conservation and
Recovery Act (RCRA), as amended, and
in response to a petition for rulemaking
filed by Envirex, Inc., the Environmental
Protection Agency today is proposing to
amend the listings of two of the
hazardous wastes generated by the
petroleum refining industry which the
Agency promulgated in -"final-final"
form in another section of today's
-Federal Register. The amendment would
list as hazardous' wastes all sludges
from primary and secondary oil/solids/
water separation in the petroleum
refining industry. If this action becomes
effective, the scope of the hazardous
waste listing for wastes from petroleum
refining operations will be broadened,
making additional petroleum refining
wastes subject to the management
standards issued by EPA under Sections
3002 through 3006 and 3010 of RCRA (40
CFR Parts 262 through 265 and 122
through 124 and 45 FR 12746 (February
26,1980)).
DATES: EPA will accept public comment
on this proposal until January 12, 1981. -
Any person may request a hearing on
this proposal by filing a request by
December 3, 1980.
ADDRESSES: Comments should be
addressed to the Docket Clerk, Office of
Solid Waste (WH-562), U.S.
Environmental Protection Agency,
Washington, D.C. 20460.
Communications should identify the
regulatory docket number which is
"Petroleum Refining-Section 3001." The
public docket for this proposed
rulemaking is located in Room 2711, U.S.
Environmental Protection Agency, 401 M
Street, SW., Washington, D.C. 20460 and
is available for viewing from 9:00 a.m. to
4:00 p.m., Monday through Friday,
excluding holidays.
Hearings requests 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. The request
must contain the information prescribed
in 40 CFR § 260.20(d).
FOR FURTHER INFORMATION CONTACT;
Mr. Matthew A. Straus, Office of Solid
Waste (WH-565), U.S. Environmental
Protection Agency, 401M Street, SW.,
Washington, D.C, 20460, (202) 755-9187.
SUPPLEMENTARY INFORMATION: On May
19,1980, as part of its initial regulations
implementing Section 3001 of RCRA,
EPA published in interim final form a
list of hazardous wastes (Subpart D of
this Part), which included five wastes
generated by the petroleum refining
industry (§ 261.32,45 FR 33123). Among
the listed petroleum refining industry
wastes were "Dissolved air flotation
(DAF) float from the petroleum refining
industry (K048)" and "API separator
sludge from the petroleum refining
industry (K051)". These wastes are
" generated as a result of treatment of
wastewater from petroleum refineries.
These, particular listings were
promulgated in "final-final" form in
another section of today's Federal
Register.
On September 5,1980, the Agency
received a rulemaking petition from
Envirex, Inc.* requesting that the'
Agency amend these two listings (i.e. of
wastes K048 and K051) to read
"Secondarjr (emulsified) oil/solids/
water separator sludge in the petroleum
refining industry" and "Primary oil/
solids/water separation sludge in the
petroleum refining industry",
respectively.
The petitioner does not dispute the
listings of DAF and API separator
sludges. Quite the opposite. The
petitioner argues that the May 19 listing
descriptions are in fact under-inclusive.
The fault, according to the petitioner, is
that the listings are specific to particular
types of equipment, namely the DAF
and API separator. In fact (again
according to the petitioner), any
petroleum refinery sludge resulting from
primary and secondary oil/solids/water
separation will be comparably
composed regardless of the type of
equipment used in the separation step.
For example, the petitioner pointed out
that other processes, such as induced air
flotation, parallel plate flotation
separators, and dual media filters,
perform the same function as the DAF
and form a similar solids residue.
Likewise, the API separator is only one
of the many equipment types which
function as a primary oil/solids/water
separator (other processes producing
similar sludges include corrugated plate
separators, inclined plate separators,
storm equalization lagoons and ballast
water-holding tanks.)* The petitioner
therefore requests that these two listings
be modified to prevent unfair
discrimination and possible adverse
competitive consequences.
In reviewing and evaluating the
petition, the Agency agrees that the
listings must be modified to reflect the
hazardous character of the wastes
themselves, rather than the type of
equipment or process generating the
waste. More specifically, the Agency is
tentatively persuaded that the present
listing is too narrow since it specifies
API separator sludge and DAF float,
thereby omitting other petroleum wastes
with similar compositions generated
from processes and equipment other
than API separators and DAF
equipment. To adjust the scope of these
listings, therefore, the Agency is
proposing to amend the listing to the
description recommended by the
petitioner. The hazardous constituents
of concern in these wastes are
chromium and lead.
Economic, Environmental and
Regulatory Impacts:
In accordance with Executive Order
11821, as amended by Executive Order
11949 and Executive Order 12044, EPA
has prepared'an Economic Impact
Analysis and a Regulatory Analysis of
the hazardous waste program. EPA does
not believe that this proposed rule is a
major action for the purposes of *
Executive Order 12044, so that
preparation of a revised Economic
Impact Analysis is not required.
Furthermore, most of the costs to
generators for management of these
wastes are already covered in the
Economic Impact Analysis and
Regulatory Analysis cited above and
made available for public review. EPA
requests, however, that any data
commenters have on the generation
rates of the wastes listed in the
proposal, current management costs and
practices for these wastes, and the costs
or economic impact of the proposed
regulations be sent toUhe Docket Clerk
at the address indicated above. The
Agency has also voluntarily prepared an
Environmental Impact Statement on the
program under the National
Environmental Policy Act. 42 U.S.C. 4321
et seq. ^
Dated: November 4,1980.
Douglas M. Costle,
Administrator.
* Envirex, Inc. is a manufacturer of sewage.
water, waste treatment and water conditioning
equipment for many uses, including applications in
the petroleum refining industry.
"The petitioner cited "Development Document for
Effluent Limitations. Guidelines and Standards for
the Petroleum Refining Point Source Category" (EPA
No. 440/7-79/014-6) in support of the above
comments on process waste identification.
-------
74894 Federal Register / VoL 45. No. 220 / Wednesday, November"l2.1980 / Proposed Rules
PART 261—IDENTIFICATION AND
• LISTING OF HAZARDOUS WASTES
§261.32 -[Amended]
It is proposed to amend Title 40 CFR,
Part 261, by amending 261.32 as
follows:*
1. Change the hazardous waste listing
(K048), "Dissolved air flotation (DAF)
from the petroleum refining industry" to
read "Secondary (emulsified) oil/solids/
water separator sludge from the
petroleum refining industry."
2. Change the hazardous waste listing
(KOS1), "API separator sludge from the
petroleum refining industry" to read
"Primary oil/solids/water separation
sludge from the petroleum refining
industry."
|FR Doc 60-4K14 Filed U-7-UO: ii:is am)
HtUMKJ CODE 65W-30-M
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