Friday
August 4, 1989
Part VI
Environmental
Protection Agency
40 CFR Parts 261 and 302
Hazardous Waste Management Systems;
Identification and Listing of Hazardous
Waste; Reportable Quantity Adjustment;
Proposed Rule
-------
32320 Federal Register / Vol 54. No. 149 / Friday. August 4.
/
R..W
ENVIRONMENTAL PROTECTION
AGENCY
40 CfR Part* 261 and 302
[FRL-3S45-3; EPA/OSW-FR-*»-oi2]
RlN20SO-AC7t
Hazardous Waste Management
Systems; Identification and Listing of
Hazardous Waste; Reportabte Quantity
Adjustment
AGUENCV: Environmental Protection
Agency.
ACTION; Proposed rule.
SUMMAftY: The Environmental Protection
agency (EPA) is today proposing to
modify the scope of the EPA Hazardous
Waste No, F019 contained in the list of
hazardous wastes from non-specific
sources. See Subpart D of Part 261. The
Agency is proposing to amend the F019
listing to exclude wastewater treatment
sludges from the zirconium phosphating
step when such phosphating is an
exclusive process in the aluminum can
washing process because the Agency
believes that such sludges do not pose a
substantial hazard to human health or
the environment and should not be
regulated as a listed hazardous waste.
The Agency also is proposing to remove
these zirconium phosphating sludges
from the list of hazardous substances
under 1302.4. This modification to the
F019 listing would not affect any other
wastewater treatment rtudgee tram the
chemical conversion coating of
aluminum. EPA does not soUdt any
comments regarding any other aspect of
the F019 listing and will not respond to
any such comments that an received.
DATES: EPA will accept comments on
this proposed rule nntfl September, 5.
1900.
Any person may request a public
hearing on this proposed amendment by
filing a written request with EPA, to be
received no later than August 21.1989.
AOORMSES: Comments on the RCRA
portions of the proposal should be sent
in triplicate to: EPA RCRA Docket Clerk
(O3-332), U.S. Environmental Protection
Agency. 401 M Street SW« Room SE-
2427, Washington. DC 20480. All
comments must be marked "Docket
Number [F-39-F19P-FFFFF]."
Comments on the CERCLA portions of
the proposal should be sent in triplicate
to: Emergency Response Division.
Docket Cleric, ATTN.: Docket No. RQ,
Room LG-100, U.S, EPA. 401 M Street
SW, Washington. DC 20460.
Copies of materials relevant to this
proposed rulemaking are located at U.S,
EPA, 401M Street SW., Washington. DC
20460. The RCRA portions are located in
the Room SE 2427; the public must make
an appointment In order to review tfaea
by calling (202) 475-8327. The CERCLA
portions are contained in Room LG-lOCt
for an appointment call (202) 382-3046.
Both dockets are available for
inspection from 9:00 a.m. to 4:00 pja,
Monday through Friday, excluding
holidays. The public may copy 100 pages
from the docket at no charge: additional
copies are $0.15 per page.
Requests for a public hearing should
be addressed to Mr. Devereaux Barnes.
Director. Characterization and
Assessment Division (OS-300). Office of
Solid Waste, U.S, Environmental
Protection Agency. 401 M Street SW..
Washington. DC 20460.
KJR FURTHER INFORMATION CONTACT:
The RCRA/CERCLA Hotline at (800)
424-9346 or. In the Washington. DC
area, (202) 382-3000. For technical
information on the RCRA portions of (he
proposal, contact Ms. Denise A. Wright,
Listing Section, Office of Solid Wast*
(OS-333) at (202) 245-3519. For technical
information on the CERCLA portion of
the proposal, contact Ms. Ivette Vam.
Response Standards and Criteria
Branch, Emergency Response Division
(OS-210) at (202) 475-7369. Both are
available at U.S. Environmental
Protection Agency, 401M Street SW,
Washington, DC 20460.
aumjuyoMTARY INFORMATION:
The contents of today's preamble an
listed te the following outline:
L Background
B. Baasooa and BUM for Today's Proposed
HL Relationship to Other Regulatory
Anlborltlt*
IV. Stata *tffcmity
A. Applicability of Rules In Authorised
E Effset on State Authorities
V.
VI fietjaiatofy tapaet
VIL Regulatory Flexibility Act
VH. Pap* ami bdnction Act
L Background
On May 19,1989. EPA published an
interim final rule listing "wastewate
treatment sludges from electroplating
operations" as EPA Hazardous Waste
No. F005. See 40 CFR 281.31 (45 FR
33112). The hazardous constituents for
which this waste was listed an
cadmium, chromium, nickel, and
complexed cyanide. In response to
comments on this regulation, the "-"-fl
was modified on November 12. IM (45
FR 74884) to nad as follows:
"wastewater treatment sludges froaa
electroplating operations except bosa
the following processes: (1) Sulfuric add
anodizing of aluminum: (2) tin platisjj a*
carbon steel: (3) zinc plating (segneja***
baaUJ on carbon steel: (4) aluminum or
xtac-aluminum palting on carbon steel;
gj ctoaning/stripping associated with
on. zinc, and aluminum plating on
carbon steel: and (6) chemical etching
and aulling of aluminum.l
Additionally, in response to other
comments, EPA separated "wastewater
treatment sludges from the chemical
coswerakjQ coating of aluminum" from
»• POOfl Hating and listed them as F019.
Conssnenters had argued that these
•lodges should not be listed as F006
because they did not contain all four of
me constituents for which F006 was
listed. That is. they contended that these
wastes do not typically contain
cadaaiaa and nickel. The Agency agreed
that these wastes do not typically
contain cadmium and nickel but
tflsdatained that, since the wastes
contain hexavalent chromium and
oonplexed cyanides, they should
aarertheless be regulation. The Agency
therefore listed them as hazardous
waste. F019, and only listed hexavalent
chnsnium and complexed cyanides as
OMstituents of concern in Appendix VH
of (art 261.
Oa December 2.1986 (51 FR 43350).
tb* Agency issued an interpretive rule
statfag that it had re-evaluated its
previous interpretations of the scope of
application of F008 and had determined
that those interpretationa'were overly
broad. As a result, the Agency stated
*•* *• Mowing processes were not
iacftadedia the F006 listing: chemical
conversion coating, electroless plating.
aad printed circuit board
Bttsnfacturing.* The Agency further
clarified that the F006 listing includes
vastewater treatment sludges from: (1)
Casnmon and precious metals
electroplating, except tin. zinc
(sepvgated basis),' aluminum and zinc
patting on carbon steel; (2) anodizing,
«xospt sulfuric add anodizing of
ahsminum: (3) chemical etching and
asjOhig. except when performed on
aluasinum; and (4) cleaning and
stripping, except when associated with
tfsk zinc, and aluminum plating on
*T*« A«aacy also Indicated that hexavalent
i'hi»«iliiiii eaSher than total chromium would b«
U*Mri ai t conititumt of concern in Appendix VII of
swtasi.
•Wa»«aw«lar treatment sludgt* from printed
anait board manu/acturinj operation* thai include
psmiii which «re within the tcope of the POOS
•akij (e.s. chemical elcaint) continue to be
nejsattd a* FD09.
•line plataf (M«nf>ted batU)- refen to non-
«*saldie anc pUtinj proceuM (La, where no
aiaahjataaaujcd). Whan both cyemdic and non-
«ns4dlephiB«| bath* are used, the tludge* from
- ate are excluded provided they are
ISJMB (ladfM reeultint from cyajudic
-------
Federal Register / VoL 54. No. 149 / Friday. August 4. 1909 / Proposed Rules
32321
carbon steel While this interpretation
removed chemical conversion costing
from the scope of FO06, it did not affect
the F019 listing. That is, wastewater
treatment sludges from chemical
conversion coating of aluminum
continued to be regulated as F019.
O. Reasons and Basis for Today's
Proposed Rule
In the Listing Background document
for electroplating wastes, the Agency
agreed with commenters that the
hazardous constituents used in the
chemical conversion coating of
aluminum were different from those use
in electroplating (i.e., F006), but still
contained complexed cyanides and
chromium. In describing the hazards
associated with these wastes, the
Agency noted that sodium chromate or
potassium dichromate is used in
common oxide-conversion coating
solutions, potassium dichromate is used
in phosphate-conversion coatings
solution, and sodium dichromate is used
in chromate-conversion coating
solutions. Additionally, the Agency
indicated that cyanides are known to be
used in the coloring of anodized
aluminum. Thus, EPA believed that
chemical conversion coating processes
on aluminum typically resulted in
hazardous sludges.
The Agency has since learned that
one of the chemical conversion coating
operations—zirconium phosphating
performed during the washing of
aluminum cans—is not expected to
result in a hazardous wastewater
treatment sludge. This process uses only
one hazardous constituent (hydrofluoric
acid) which is chemically changed into a
non-hazardous salt as described below.
Additionally, no hazardous constituents
are formed during the process. EPA is
therefore proposing today to amend the
F019 listing to exclude the wastewater
treatment sludges from the zirconium
phosphating step of the aluminum can
washing process.
In the aiumiuum can making process,
cans are rinsed with, water in a multi-
step can washing process. After forming,
the cans are cleaned in a dilute sulfuric
acid/hydrofluoric add solution
containing surfactants. This operation is
performed to remove excess lubricants
and aluminum fines. The acid treatment
exposes the aluminum metal which then
reacts with air to form an aluminum
oxide, AliOt, film. The can is next rinsed
with water to remove any excess acid.
This step causes the Al*Oi to become
hydroxylated to form a continuous layer
of AliOa—AIO(OH). This layer is
formed as a result of the reaction AlaO*
+ HsO —> 2A1O(OH). The aluminum
hydroxide AlO(OH) will further react
with water, if unhindered, to form a
porous colloidal aluminum hydroxide,
A1(OH]». through the reaction A1CXOH1
+ rfcO —> Al(OHfc. Light reflecting
reflecting through this AJ(OH)» film
causes discoloration of the can. This
porous colloidal aluminum hydroxide
does not provide as good a base for
organic finishes as compared to the
former AJ*O*-A1O(OH) layer. Thus, a
zirconium phosphate solution is used to
prevent the conversion of the desirable
A1O(OH) to AKOH)». The zirconium
phosphating step allows an ion
exchange between the monovalent
hydrogen on the hydroxide group with
tetravalent zirconium resulting in an
inert and nonporous aluminum oxide-
zirconium species on the can surface.
Based on the process chemistry, the
Agency believes that although the
sludge currently meets the F019 listing
description, this sludge should not have
been included in the F019 listing
because it is not hazardous. In
particular, in reviewing the solutions
that are used in the zirconium
phosphating process, no hazardous
constitutents (listed in Appendix Vm of
40 CFR 261) are contained or used in this
conversion coating step, except for
hydrofluoric acid. The zirconium
phosphate solution typically used
includes fluorozirconic acid (as a source
of zirconium), nitric and hydrofluoric
adds, and phosphoric add. The
hydrofluoric add, which is present in
the can washing wastewater in low
concentrations that are readily treated,
is chemically converted in the
wastewater treatment process into
caldum fluoride or calcium aluminum
fluoride, which is non-hazardous. Thus,
the slightly alkaline sludge would not be
expected to contain any hazardous
constituents, nor exhibit any of the
characteristics of hazardous waste. The
Agency has also evaluated analytical
data on these wastewater treatment
sludges. These data, which are available
in the RCRA docket supporting this
proposed rule, do not indicate the
presence of significant concentrations of
Appendix VIE constituents.
Additionally, the data shows that these
sludges do not exhibit any hazardous
waste characteristics. The Agency is.
therefore, proposing to modify the F019
listing to exdude the wastewater
treatment sludges from the zirconium
phosphating step of the aluminum can
washing process.
The proposed exclusion applies only
to sludges from processes that
exdusively use zirconium phosphating
solutions that do not contain hexavalent
chromium and cannot produce
complexed cyanides. Further, these
processes are not associated with
electroplating or conversion coating
steps where hazardous constituents are
used. For example, if a can maker
employs a chromating step, separately
or in conjunction with such zirconium
phosphating. the wastewater treatment
sludges would meet the F019 listing and
would not be excluded under this
rulemaking.
Other wastewater treatment sludges
from conversion coating processes
falling within the scope of the F019
listing may not in fact contain or
produce hazardous constituents. At this
time, the Agency is not excluding these
sludges from the scope of the F019
listing, is not soliciting comments
regarding these sludges or processes,
and will not respond to any such
comments received. Prior to proposing
today's action the Agency had received
data from Industry on this zirconium
phosphating process and the
composition of the wastewater
treatment sludge on which to base this
proposed exclusion. Because such data
are not currently in the Agency's
possession for other processes that may
not use hazardous constituents, the
Agency will not at this time consider
excluding them from the scope of the
F019 listing.
m. Relationship to Other Regulatory
Anthocine*
All hazardous wastes listed pursuant
to 40 CFR 281.31 through 281.33, as well
as any solid waste that meets one or
more of the characteristics of a RCRA
hazardous waste (as defined in 40 CFR
281.21 through 261.24), are hazardous
substances as defined at section 101(14)
of the Comprehensive Environmental
Response. Compensation, and Liability
Act (CERCLA) of 1980, The CERCLA
hazardous substances are listed at 40
CFR 302.4 along with their reportable
quantities (RQs). CERCLA section 103(a)
requires that persons in charge of
vessels or facilities from which a
hazardous substance has been released
in a quantity that is equal to or greater
than its RQ shall immediately notify the
National Response Center of the release.
In addition, section 304 of the Superfund
Amendments and Reauthorizetion Act
of 1980 (SARA) requires the owner or
operator of a facility to report the
release of a hazardous substance or an
extremely hazardous substance to the
appropriate state emergency response
commission (SERC) and to the local
emergency planning committee (LEPC)
when the amount released equals or
exceeds the RQ for the substance, or
one pound when no RQ has been set.
When this rulemaking becomes
effective, the description of hazardous
-------
32322
Federal Register / VoL 54. No. 149 / Friday. August 4. 1968 / Proposed Rules
waste stream FOlfl in Table 302.4 will
change to exciode wastewater treatment
sludges from tbe zirconium pbosphatmg
step of aluminum can washing pmrcaa
These zirconium phospaauog sludges
will BO longer be listed hazardoos
substances under CERCLA Section
101(14) and 102{a). Reporting of releases
of sludge from the zirconium
Hnj nf •Inminiim rjanm pfy^ff
will no looker berequired under either
section 103 of CERCLA or section 304 of
SARA. Although the Agency has no
reason to believe that releases of
zircon htm phosphating sludges will
contain hazardous constituents subject
to reporting under section 103 of
CERCLA or section 304 of SARA, the
Agency remind* the regulated
community that reporting of releases of
such sludges is required if a RQ or more
of a hazardous sabetance (which is
contained as a constituent of the sludge)
Is released to the environment.
Reporting also is required when the
wastewater treatment sludge meets one
or more of the characteristics of unlisted
hazardous waste for Ignitability,
corrosivity. reactivity, or EP Toxicity
and 100 pounds or more is released to
the environment (50 FR13459. April 4.
1985}.
The existing 10-pound RQ of waste
stream POM will aot be affected by this
rule, except for the exclusion of sludge*
from processes that use only zirconium
pboepbatinc, gricasoi of wastewater
li setanjit sludges from tbe chemical
convection
-------
. Federal Register / Vol. 54. No. 149 / Friday. August 4. 1989 / Propped Rules
32323
Vn. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act 5 U.S.C 601-612. whenever an
agency is required to publish a general
notice of rulemaJdng, for any proposed
or final rule, it must prepare and make
available for public comment a
regulatory flexibility analysis which
describes the impact of the rule on small
entities (i.e., small businesses, small
organizations, and small governmental
jurisdictions). The Administrator may
certify, however, that the rule will not
have a significant economic impact on a
substantial number of small entities.
This proposed amendment will not
have a significant economic impact on
small entities since it reduces regulatory
requirements. Accordingly, I certify that
this proposed rule will not have a
significant economic impact on a
substantial number of small entities.
This regulation, therefore, does not
require a regulatory flexibility analysis.
Vin. Paperwork Reduction Act
This proposed rule does not contain
any information collection requirements
subject to OMB review under the
Paperwork Reduction Act of 1980. 44
U.S.C. 3501 et seq.
List of Subjects
40 CFR Part 281
Hazardous wastes. Recycling.
4O CFR Part 3O2'
Air pollution control Chemicals,
Hazardous materials. Hazardous
substances. Hazardous wastes.
Intergovernmental relations. Natural
resources. Nuclear materials. Pesticides
and pests, Radioactive materials,
Recycling, Reporting and recordkeeping
requirements, Superfund. Waste
treatment and disposal Water pollution
control.
Dated: July 27.1089.
William K. Reilly.
Administrator.
For the reasons set out in the
preamble. Title 40 of the Code of Federal
regulations is amended as follows:
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
Authority: Sections 1006. 2002(a), 3001. and
3002 of the Solid Waste Disposal Act as
•mended by the Resource Conservation and.
Recovery Act of 1978. (42 U.S.C. 6905. 6912(a),
6621 and 6922).
2. Section 261.31 is amended by
revising the hazardous waste entry
"F019" to read as follows:
Industry *nd
EPA
hazardous
wwstaNo.
H«zardou» wut*
Hazard
COen SUCn
enospftatwg is an exclu-
sive conversion coating
process.
•26131 Hazardous wast* from noo-
specific sources.
PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION
3. The authority citation for part 302
continues to read as follows:
Authority: Section 102 of the
Comprehensive Environmental Response.
Compensation, and Liability Act of 1900. 42
U.S.C. 9602: section* 311 and 501(a) of the
Federal Water Pollution Control Act 33
US.C. 1321 and 1361. j.
9302.4 [Amended] -•
4. Table 302.4 of § 302.4 is amended by
revising the first column containing the
description of Hazardous waste stream
FOWL
TABLE 302.4.—LIST OF HAZARDOUS SUBSTANCES AND REPORTABIE QUANTITIES
CM* footnotes at end of Taote 302.4)
Hazardous substance
CASRN
Regulatory
Statutory
RneJRO
Cod*
RCRA
No.
Category- Pounds Oqji
F019
Wa*l*wat»r treatment sludge*- from ha
conversion coating of alurrwiurn except '..*... —-^
mum phospna&ng n aluminum can washing wrwn
such phospriating is an wdusn* conversion coat-
ing pioc BIS '
[FR Doc. 89-18258 Filed S-3-8ft 8:45 am}
MUJMG COOC «MO-«0-II
-------
------- |