Tuesday
Maya, 1969
Part VIII
Environmental
Protection Agency
40CFR Part 268
Land Disposal Raitrlctions; Final Rule
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18838 F»dgnJ 'Register / VolTs*.. No! 83 / Tuesday, May 2, 1989 / Rules and Regulations
ENVIRONUENTAL PROTECTION
AGENCY
40 CFR Part 26i
ISWH-FRI.-356S-S]
Land Disposal Restrictions
AGENCY: Environmental Protection
Agency (EPA).
ACTION; Final rule.
SUMMARY: EPA is amending the no land
disposal treatment standards for the
first third scheduled wastes which an
found in 40 CFR 268.43. The no land
disposal standard will not apply to
nonwastewater forma of these wastes
disposed before August 17,1988, or
generated in the course of treating
wastewater forms of the waste. EPA is
amending the current no land disposal
standards because they result in no
legal means of disposal for wastes
requiring a disposal outlet The Agency
is also amending the schedule in 40 CFR
288.12 to indicate that nonwastewater
forms of these wastes that are derived
from historically managed waste
residues, and residues from treating
wastewater forma of these wastes, will
not be prohibited from land disposal
until May 8,1990.
EFFECTIVE DATE May 2,1969.
ADDRESS: The OSW docket is located at
the following address, and is open from
9:30 to 3:90, Monday through Friday,
excluding Federal holidays: EPA RCRA
Docket (M-2427) (OS-305). 401M Street
SW.. Washington, DC 20460.
The public must male* an appointment
by calling (202) 475-9327 to review
docket materials. Refer to Docket
number F-B9-NLDF-FFFFF when
making appointments to review any
background documentation for this
rulemaking. The public may copy a
maximum of 50 pagM of material from
any one regulatory dsdcet at no cost;
additional copies cost «B 3D pat page.
Copies of not easily eftsakubb
references an avaikU* far viewing and
copying only in the OSW docket
Km nmTHm tHfonuamt CONTACT:
The RCRA Hotline. Office of Solid
Waste (OS-305), U.S. Environmental
Protection Agency. 401M Street SW,
Washington, DC 20480. (800) 424-9348
(toll-free) or (202) 382-3000 in the
Washington. DC metropolitan area. For
technical information contact Steven
Silverznan, Office of General Counsel
U.S. Environmental Protection Agency,
401M Street SW., Washington. DC
20400, (202) 382-7700.
sumnoMTARV u*row«ATiote
L Background
In the final regulation prohibiting land
disposal of hazardous wastes in the first
third of the schedule, and establishing
treatment standards for those wastes,
EPA established a treatment standard of
"no land disposal" for a number of
hazardous wastes. See § 288.43,
standards for hazardous wastes KD04,
K008. K015, K021. K025, K036, K044,
K04S, K047. K061. K069, K063. and KlOO
(nonwastewaters) (53 FR 31221 (August
17,1988)). These standards are premised
on the waste no longer being generated.
being treatable or recyclable without
leaving a residue, or not possessing c.
particular property (for example,
reactivity] at the time of disposal
EPA was informed after promulgation
of the final rule that although these
wastes are not currently being generated
by manufacturing processes, they may
be generated in the form of residues
deriving from the historic management
of these wastes. For example, a landfill
containing hazardous waste K021, when
exposed to water, could generate
leachate. The leachate would cany the
waste code K021 (wastewater form), and
when it was treated would generate •
nonwastewater with code K021. The
Agency's premise of no generation
which underlies the no land disposal
standard would not hold for this type of
treatment residue.
EPA solicited comment on whether
any of these wastes were still generated,
see Ag.. 53 FR 17587 (May 17.1988), and
did not promulgate no land disposal
standards when commenters supplied
information that the waste (including
derived-from forms of the waste) still
was generated. See e.g.. 53 FR 31195
(August 17,1988). It thus would have
been preferable had the Agency been
furnished with the information on these .
specific waste codes during the
rulemaking (although commenters did
allude generally to potential problem*
arising from residues from historic
waste management practices).
Notwithstanding, more recent
information indicates that landfills can
contain these wastes and thus that
nonwastewater forms of the waste
ultimately can be generated. The DO
land disposal treatment standard
precludes disposal of these wastes,
regardless of how much treatment they .
receive. EPA would not have applied the
standard to these wastes had it known
of their existence.
Because the facts on which the final
no land disposal standards were
premised no longer apply, EPA ha*
decided to amend the final role so that
the no land disposal standard will not
apply to nonwastewater forms of these
wastes that either were disposed before
the August 17,1988 final rule or that are
generated in the course of treating
wastewater forms of the waste (such as
leachate or ground water that is
contaminated with leachate). See 54 FR
at 1073 (January 11.1989) where the
.Agency proposed to adopt the same
approach for wastes in the second third
of the schedule. We are also amending
the schedule in 1268.12 to indicate that
these nonwastewater forms of the
waste, as well as wastewater treatment
residues that are nonwastewaters, will
be prohibited from land disposal no
later than the third prohibitions date
(May 8,1990).
EPA is consequently amending
I 268.43 to qualify the no land disposal
treatment standards to make it clear
that the standards apply to
nonwastewaters generated by the
process described in the waste listing
description contained in 55 261.31 and
261.32 and disposed after August 17,
1988. (If such nonwastewaters were
treated, nonwastewater treatment
residues would remain subject to the no
land disposal standard, although EPA
believes this is a situation that occurs
exceedingly sporadically.)
There are a number of waste codes
when the no land disposal standard
was premised on some factor other than
lack of generation. We discuss below
how EPA is classifying these wastes.
The Agency notes that it is not
amending the no land disposal
standards for hazardous wastes K044,
K045, and K047. These wastes are listed
for exhibiting the characteristic of
reactivity, and the no land disposal
standard is premised on that
characteristic being removed before the
waste is disposed. See 53 FR 31158
(August 17.1988). EPA sees no reason
that this premise would not also remain
true for reactive residues from remedial
actions carrying these waste codes (if
any).
EPA also is not amending the no land
disposal standard for wastewater
treatment sludges from treating
wastewater forms of waste K061. To the
extent such sludges contain over 15%
sine, they would be required to be
recycled by smelting. If these sludges (if
any) do contain 15% zinc, they certainly
should be recyclable. See generally 53
FR 31162-43 (August 17.1988). In any
case, since this standard does not
become effective until August. 1990 (and
so has no present effect), EPA sees no
reason to take immediate action
regarding the treatment standard.
EPA is amending the no land disposal
standard for nonwastewater forms of
waste K009 that wen disposed before
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Fadacal RagUtar f Vol. 54. Ho. 83 / Tuesday. May 2. 1§69 / Rales and Regulations 18837
Augnst 17,1986. Waste KB8S la another
waste for which the no land disposal
standard can be achieved by recycling.
due to high lead concentrations La the
waste. However, the Agency 1» aware
that soils contaminated with K068 are
being generated as a result of closure*
and corrective actions. Concentrations
cf K069 in these contaminated soils are
expected to be too low to be amenable
to recycling. These contaminated soils
should be treated and disposed in an
environmentally sound manner, and
continued application of the no land . .
disposal standard will preclude that.
EPA is thus rescheduling treatment
standards for nonwastewater forms of
K069 disposed before August 17.1988.
EPA is also modifying the rule to
reschedule treatment standards for
nonwastewater forms of K069 derived
from treating K069 wastewaters. These
sludges (if any) might not be amenable
to recycling. For example, sludge
derived from treating multi-source
teachate carrying the wastecode K069
[among other codes) would be unlikely
to be readily recyclable. Accordingly,
EPA is rescheduling this subgroup of
wastes in order to develop a different
treatment standard.
Finally, EPA is rescheduling the no
land disposal standards for
nonwastewater forms of wastes K01S
and K083. EPA based the no land
disposal standard on no ash being
generated when the wastes are
incinerated. It now appears that waste
K015 will generate ash when
incinerated, and that waste K083 is
normally likely to. EPA thus is
rescheduling these two waste codes to
develop standards based on proper
operation of incineration technology.
Q. Immediately Effective Final Rule
The Agency is promulgating today's
rule as an immediately effective final
regulation because we believe that good
cause exists to make the rule
immediately effective. The current no
land disposal treatment standard results
in no legal means of disposal for wastes
generated from treatimHsjsoiically
disposed wastewatar MBM of tbe waste
such as leachate. Soeblaadtata must be
collected and managed M a nsult of
state and federal regulations, as well as
corrective action and similar types of
orders. This necessary collection
process is thwarted if there is no
ultimate means of disposing of the
wastes that are generated in the
process. The same problem could occur
with respect to nonwastewaters
generated by remedial actions. The
situation in fact appeared serious
enough for a motions panel from the
District of Columbia Circuit Court of
Appeals to grant a stay of applicability
of the first third final rule to leachate
and anything derived therefrom (order
of August 18,1988 as modified by order
of September 23). Since such stays are
based on many of the same criteria that
underlie a good cause finding, EPA is
reinforced in its view that circumstances
here warrant the step of an immediately
effective final rule.
III. Regulatory Impact Analysis
Under Executive Order 12291. EPA
must determine whether a regulation is
"major" and, therefore, subject to the
requirement of a Regulatory Impact
Analysis. Because this section is
deregulatory in nature, with negligible
economic impact no economic analysis
was conducted.
Since EPA does not expect that the
amendments promulgated here will have
an annual effect on the economy of S1GO
million or more, result in a measurable
increase in cost or prices, or have an
adverse impact on the ability of U.S.-
based enterprises to compete in either
domestic or foreign markets, these
amendments are not considered to
constitute a major action. As such, a
Regulatory Impact Analysis is not
required.
IV. Roguktory Flexibility Act
Pursuant to the Regulatory Flexibility
Act S U.S.C. 601-612, whenever an
agency in required to publish a general
final rule, it must prepare and make
available for public comment a
regulatory flexibility analysis that
describes the impact of the rule on small
entities (Le.. small businesses, small
organizations, and small government
jurisdictions). No regulatory flexibility
analysis is required, however, if the
head of the agency certifies that the rule
will not have a significant impact on a
substantial number of small entities.
The hazardous wastes listed here are
not generated by small entities (as
definitd by the Regulatory Flexibility
Act), and the Agency received no
comments that small entities will
dispose of them in significant quantities
Accordingly, I hereby certify that this
regulation will not have a significant
economic impact on a substantial
number of small entities. This
regulation, therefore, does not require a
regulatory flexibility analysis.
V. Paperwork Roduction Act
This rule does not contain any
information collection requirements
subject to OMB review under the
Paperwork Reduction Act of 1980,44
U.S.C, section 3801 et seq.
List of Subjects m «0 CFR Part 268
Hazardous waste. Reporting and
recordkeeptag requirements.
Data: April 24.1986.
William K-Raaiy,
Administrator.
For me reasons set out in the
preamble. Title 40 of the Code of Federal
Regulations is amended as follows:
PART 268-LAND DISPOSAL
RESTRICTIONS
1. The authority citation for Part 268
continues to read as follows:
Authority: 42 US.C 6606. Oei2(a). 6921. and
6924.
SubpartB—Schedule ffor Land
Disposal Prohibition and
Establishment of Treatment Standards
1. Section 268.12 is amended by
adding paragraphs (f), (g) and (h) to read
as follows:
5 264.12 Identification of waste* tot*
evaluated by Hay a, 1990.
• • * * - *
(f) Nonwastewater forms of wastes
listed in i 288.10 that were originally
disposed before August 17,1988 and for
which EPA has promulgated "no land
disposal" as the treatment standard
(S 268.43, Table CCW. No Land Disposal
Subtable). This provision does not apply
to waste codes K044, K045, K047, and
K061 (high zinc subcategory).
(g) Nonwastewater forma of wastes
listed in | 288.10 for which EPA has
promulgated "no land disposal" as the
treatment standard (5 268.43. Table
CCW, No Land Disposal Subtable) that
are generated in the course of treating
wastewater forms of the wastes. This
provision does not apply to waste codes
K044, K045. K047, and K081 (high zinc
subcategory).
(h) Nonwastewater forms of waste
codes K015 and K083.
Subpart D—Treatment Standards
3. In f 268.43 paragraph (a) Table
CCW is amended by revising the no
land disposal subtable to read as
follows:
I2M.43 Treatment standards expressed
as waste concentration*.
• • * * •
No Land Disposal for
K004 Nonwastewater form* of these wastes
generated by the process described in
the wasta tilting description and
disposed after Augutt 17.1988. and nnt
generated in the course of treating
wastewater forms of these wastes (Based
on No Generation)
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Federal Register / VoL 54. No. 83 / Tuesday. May 2, 1989 / Rule* and Regulation*
isssa
K008 NoawattewaterfoniM of Owe waste*
generated by the procet* described in
the watte lilting description and
ditpoied alter August 17. MM, and not
generated in the COOTS* of treating
wattewater form* of these wastes (Bated
on No Generation)
K021 Nonwaitewater form* of these wastes
generated by the process described in
the watte listing description and
ditpoted after August 17. 1988, and not
generated in the course of treating
wattewater form* of these wastes (Based
on No Generation)
K025 Nonwastewater forms of these wastes'
generated by the process described in
the waste listing description and
disposed after August 17.1960, and not
generated in the coarse of treating
wattawater formt of these wastes (Based
on No Generation)
K03B Nonwastewater forms of these wastes
generated by the process described in
the waste listing description and
disposed after August 17,1968, and not
generated in the course of treating
wattewater forms of theae wastes (Bated
on No Generation)
K044 (Based on Reactivity)
K045 (Based on Reactivity)
K047 (Based on Reactivity)
KOOO Nonwastewater forms of these wastes
, generated by the process described in
the waste listing description and
disposed after August 17.1968, and not
generated in the course of treating
wattewater forms of these waste* (Based
on No Generation)
K061 Nonwastewater*—High Zinc
Subcategory (greater than or equal to
15% total xinc) (Based on Recycling):
effective 8/8/90
KOOO Non-Calcium Solfate Subcategory—
Nonwastewater forms of these wastes
generated by the process described in
the waste listing description end
disposed after August 17.1988, and not
generated in the course of treating
wattewater forms of these wastes (Based
on Recycling)
KlOO Nonwastewater forms of those wastes
generated by the process described in
the waste listing description and
disposed after August 17,1988. and not
generated in the course of treating
westewater forms of these wastes (Based
on No Generation)
(FR Doc. 89-10471 Filed 5-1-89; 8:45 am)
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