Federal Register / Vol. 56, No. 92 / Monday, May 13, 1991 / Rules and Regulations
21955
any provision of a lease, license, or
permit issued pursuant to the Act, or
any provision of any regulation issued
under the Act (hereinafter referred to as
"violation") probably occurred and that
such violation continued beyond actual
notice of the violation and the
expiration of any reasonable period
allowed for corrective action or that the
violation may constitute or. may have
constituted a threat of serious,
irreparable, or immediate harm or
damage to life (including fish and other
aquatic life), property, any mineral
deposit, or the marine, coastal, or human
environment, the Regional Director may
direct the preparation of a case file, and
appoint a Minerals Management Service
(MMS) employee to serve as a
Reviewing Officer. In making this
determination, the Regional Director
shall have the authority to summon
witnesses, administrator oaths, and
issue orders to produce evidence.
Chairmen of investigative panels
appointed by the Regional Director to
investigate violations or other matters
shall also have authority to summon
witnesses, administer oaths, and issue
orders to produce evidence while
conducting investigations.
* * * * *
(b) The Reviewing Officer shall
proceed with provisions of paragraph (c)
of this section upon determining that
there is sufficient evidence that a
violation probably occurred and that:
(1) The violation continued beyond
any notice of such failure and the
expiration of any reasonable period
allowed for corrective action, or
(2) The violation constitutes or
constituted a threat of serious,
irreparable, or immediate harm or
damage to life (including fish and other
aquatic life), property, any mineral
deposit, or the marine, coastal, or human
environment.,
(c) The Reviewing Officer shall notify,
in writing, the person alleged to have
committed the violation (hereinafter
referred to as "party") of the following:
(1) The alleged violation, citing the
applicable provision of the Act, or the
applicable term of a lease, license, or
permit issued pursuant to the Act, or the
applicable provision of a regulation or
order issued under the Act upon which
the action is based;
(2) The amount of penalty that
appears to be appropriate in the event it
is determined that the party is
responsible for the alleged violation
based upon the material then available
for the Reviewing Officer;
(3) The party's right to examine the
material hi the case file and to have a
copy of all written documents provided
upon request, except those which would,
in a civil proceeding, disclose or lead to
the disclosure of a confidential
informant; and
(4) The fact that, subject to the
provisions in § 250.201 of this part, the
party has a right to a hearing before the
Reviewing Officer prior to any finding of
fact regarding the alleged violation.
* *' * • * • •-•
4. In § 250.203, redesignate paragraph
(b) as paragraph (c), revise paragraph
(a), and add a new paragraph (b) to read
as follows:
§ 250.203 Reviewing Officer's decision.
(a) The Reviewing Officer's decision
shall be in writing and shall include the
Reviewing Officers conclusions and the
basis for the conclusions. Any decision
shall be based upon substantial
evidence in the record. The Reviewing
Officer shall dismiss the case and
remand it to the Regional Director if the
Reviewing Officer finds that:
(1) there is not substantial evidence in
the record establishing that the alleged
violation occurred, -
(2) for a violation under § 250.200(b)(l)
of this part, either the required notice of
the alleged violation was not provided
or that the alleged violation did not
continue after the termination of any
period provided for the taking of
corrective action, or
(3) for a violation under § 250.200(b)(2)
of this part, there is not substantial
evidence on the record that, at the time
of the discovery of the violation or
during a time prior to the discovery of
the violation, the violation constituted a
threat of serious, irreparable, or
immediate harm or damage to. life
(including fish and other aquatic life),
property, any mineral deposit, or the
marine, coastal, or human environment.
(b) A dismissal under paragraph (a) of
this section is without prejudice to the
Regional Director's right to refile the
case and have it reheard if additional
evidence is obtained. A dismissal
following a rehearing is final and with
prejudice.
* * * * •. . * . -
5. In § 250.206, revise the heading and
paragraph (a)(l),to read as follows:
§250.206 Civil penalties.
(a)(l) If the Reviewing Officer
determines that a civil penalty is to be
assessed, the penalty shall not exceed
$20,000 for each day of the continuation
of the violation. For violations described
in § 250.200(b)(l) of this part, the penalty
may be assessed for each day the
violation continues after notice and a
reasonable period for corrective action.
For violations described in
§ 250.200(b)(2) of this part, the penalty
may be assessed for each day the
violation continued after it first
occurred.
* * * * *
[FR Doc. 91-11314 Filed 5-10-91; 8:45 am]
BILLING CODE 4310-MR-M
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
Tolerance Processing Fees
CFR Correction
In tifle 40 of the Code of Federal
Regulations, parts 150 to 189, revised as
of July 1,1990, § 180.33 appears twice, at
pages 269 to 270 and again at pages 270
to 272. Section 180.33 Fees had been
revised at 55 FR 5218, February 14,1990.
This revision starting at page 269 and
ending on page 270 is the correct text.
The superseded text was incorrectly
retained in the volume. The superseded
text of § 180.33 at pages 270 to 272 is
removed.
BILLING CODE 1505-01-D
40 CFR Parts 261,271, and 302
[FRL-FFFF-F; 3922-3]
RIN 2050-AB70
Hazardous Waste Management
System: Identification and Listing of
Hazardous Waste; CERCLA Hazardous
Substance Designation—Petroleum
Refinery Primary and Secondary Oil/
Water/Solids Separation Sludge
Listings (F037 and F038)
AGENCY: Environmental Protection
Agency.
ACTION: Interim final rule with request
for comments.
SUMMARY: On November 2,1990 the
Environmental Protection Agency (EPA)
promulgated regulations, under the
Resource Conservation and Recover Act
(RCRA) to add two wastes to the list of
hazardous wastes under 40 CFR 261.31. .
These wastes, designated as F037 and
F038, are generated in the separation of
oil/water/solids from petroleum refinery
process wastewaters and oily cooling
wastewaters.
New information acquired by the
Agency since the promulgation of the
F037 and F038 listings indicates that
inclusion of non-contact, once-through
cooling waters in the definition of "oily
cooling waters" has included within the
scope of the listing separation sludges
that are not similar in constituent
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21956 Federal Register / Vol. 56. No. 92 / Monday. May 13, M93jMRule3_and_Reguiation8^
concentration or oil/grease content to
other sludges generated in the
separation of oil/water/solids from
petroleum refinery process wastewaters
and oily cooling waters. Based on the
newly received information, the Agency
is today promulgating an interim final
rule revising the definition of wastes
subject to the F037 and F038 listings to
state that sludges from non-contact,
once-through cooling waters are not
included.
Further, the Agency is amending the
definition of petroleum refinery
secondary (emulsified) oil/water/solids
separation sludge, F038, to clarify that
floats generated in aggressive biological
treatment units are not included in the
listing description of that waste stream.
DATES: This interim final rule is effective
May 2,1991.
Comments on today's action and any
additional data must be received on or
before June 30,1991.
ADDRESSES: The official record for this
rulemaking is identified as Docket
Number F-91-PTlF-FFFFF and is
located in the EPA RCRA Docket Room,
M2427,401M Street, SW., Washington,
DC 20460. The docket is open from 9
a.m. to 4 p.m. Monday through Friday,
except Federal holidays. To review
docket material, the public must make
an appointment by calling (202] 475-
9327. The public may copy a maximum
of 100 pages of material from any one
regulatory docket at no cost. Additional
copies cost $0.15 per page. The public
must send an original and two copies of
their comments to the above docket.
Place the Docket Number F-91-PT1F-
FFFFF on your comments.
FOR FURTHER INFORMATION CONTACT:
For general information about this
rulemaking, contact the RCRA/
Superfund Hotline at (800) 424-9346 or
(703) 920-9810. For technical
information, contact John Austin, Office
of Solid Waste (WH-562), U.S.
Environmental Protection Agency, 401M
Street SW., Washington, DC 20460 or by
telephone at (202) 382-4789. For further
information on the CERCtA portions of
this rule, contact Gerain Perry, Response
Standards and Criteria Branch,
Emergency Response Division (OS-210),
U.S. Environmental Protection Agency,
401M Street SW., Washington, DC
20460; (202) 382-2198.
SUPPLEMENTARY INFORMATION: CERCLA
section 103(a) requires that the person hi
charge of a vessel or facility from which
a hazardous substance has been
released in a quantity that equals or
exceeds its RQ shall immediately notify
the National Response Center of the
release. The toll-free telephone number
of the National Response Center is (800)
424-8802; in the Washington, DC
metropolitan area, the number is (202)
267-2675. ^
A. Background
On November 2,1990 (55 FR 46354)
the Environmental Protection Agency
(EPA) promulgated regulations under the
Resource Conservation and Recovery
Act (RCRA) adding two wastes to the
list of hazardous wastes under 40 CFR
261.31. Those wastes, designated as
F037 and F038, are generated in the
primary and secondary separation of
oil/ water/solids from petroleum
refinery process wastewater and oily
cooling wastewaters.
Development of listings for sludges
generated in the primary and secondary
treatment of process wastewaters and
oily cooling wastewaters in the
petroleum refining industry has been a
long process, dating back ten years.
Prior to promulgation of the final
regulation, notices were published
regarding primary and secondary
treatment sludges on Novermber 2,1980
(45 FR 74893), February 11,1985 (50 FR
5637), and April 13,1988 (53 FR 12182).
In the November 2,1990 final rule, the
preamble discussed the scope of the
listing and described those process and
oily cooling wastewaters generating -the
listed waste (55 FR 46364). The preamble
indicated that "oily cooling waters" for
the purposes of the listing included
once-through cooling water from Co (six
carbon) hydrocarbons and heavier
operations. However, since publication
of the final rule, the Agency has learned
that the inclusion of non-contact, once-
through cooling water (as opposed to
once-through contact cooling water) in
the definition of oily cooling waters
unintentionally may extend the F037 and
F038 listings to wastes that are not
similar in constituent concentration to
others included in the listing. The
American Petroleum Institute (API)
provided data, which is included in the
docket for today's notice, that supports
the conclusion that sludges from non-
contact, once-through cooling waters are
not similar to other primary and
secondary oil/water/solids separation
sludges generated at petroleum
refineries and should, therefore, be
excluded from the listings.
Consequently, EPA has determined that
sludges from once-through, non-contact
cooling water should not be listed and is
therefore today amending the listing
description.
In addition, the Agency today is
revising the definition of wastes subject
to the F038 listing for petroleum refinery
secondary (emulsified) oil/water/solids
separation sludge, to clarify an
ambiguity in the listing description. The
revised language clarifies that both
sludges and floats generated in
aggressive biological treatment units, as
defined in 40 CFR 261.31(b)(2)(i), and not
included in the F038 listing, are excluded
from the scope of that listing. It was not
EPA's intent to include those floats in
the F038 listing, and today's rule adds
language to clear up any confusion on
this issue.
B. Interim Final Rule
1. Non-Contact Once-Through Cooling
Water
Section 3001 of RCRA requires EPA to
list particular hazardous wastes.that
must be subject to the RCRA hazardous
waste management system. Regulations
listing specified wastes must be based
on EPA-developed criteria codified at 40
CFR 261.11. The Hazardous and Solid
Waste Amendments of 1984 (HSWA),
among other provisions, added a new
secton 3001(e)(2) directing EPA to make
a determination whether or not to list as
hazardous a number of wastes,
including refinery wastes. In the
previously published notices, the
Agency explicitly discussed the
inclusion of cooling waters from Cu and
heavier operations in the scope of the
listings (see 53 FR 12164, April 13.1988).
However, the notice did not indicate
that cooling water included non-contact,
once-through cooling water, which is
segregated wastewater used for cooling
that does not come in contact with oil.
Further, the Agency did not request
comment or data on the composition of
non-contact, once-through cooling water
in any of the notices. Further, the cost of
managing such wastes was not analyzed
when EPA evaluated the regulatory
impact of the listings.
After publication of the final rule, EPA
received comments from the regulated
community contending that waste
produced in oil/water/solids separation
of non-contact, once-through cooling
water is not similar in constituent
concentration to other wastes included
in the listing. As noted above, API
submitted data supporting their
contention that non-contact, once-
through cooling water should not have
been included in the definition of oily
cooling waters.
The Agency's inclusion of once-
through cooling water from Ce (six
carbon) hydrocarbons and heavier
operations in the definition of oily
cooling waters was based on a 1969 API
petroleum refinery waste disposal
manual that was developed prior to
implementation of current Clean Water
Act (CWA) requirements. Discussion of
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Federal Register / Vol. 56, No. 92 / Monday, May 13. 1991 / Rules and Regulations
21957
liquid wastes in the manual described
"once-through cooling water from
surface condensers and coolers handling
oil which will not vaporize rapidly on
exposure to air (Ce and heavier)" as one
type of oily cooling waters. The manual
indicated that such oily cooling waters
. were of concern because they can
contain minor oil contamination from
sources such as spills or leaks in heat
exchange equipment. The manual made
a clear distinction between oily cooling
waters and oil-free cooling wastewaters,
such as once-through cooling water from
surface condensers and coolers which
normally handle gaseous products (Cs
and lighter).
In response to CWA requirements
related to surface water discharges that
were promulgated after publication of
the manual, API contends that refineries
have changed processes and adapted
their facilities to separate non-contact,
once-through cooling water from other
wastewaters. Thus, these wastewaters
are segregated from other oily
wastewaters. As a result, sludges from
treatment of these wastewaters for the
most part contain metals (e.g., arsenic,
nickel, lead, and chromium) at much
lower levels than found in other primary
and secondary oil/water/solids
separation sludges. Further, the API
data indicate that the semivolatile
constituents of concern (e.g., benzene,
benzo(a)pyrene, and chrysene), when
present, are detected at levels at least
100 times less than the average found in
other wastes included in the F037 and
F03S listings.
Based on the comments received by
the Agency after promulgation of the
November 2,1990 final rule, EPA has
concluded that wastes from the
separation of non-contact, once-through
cooling wafer are significantly different
from the sludges the Agency intended to
list as F037 and F038 and, thus, should
not be included in the scope of these
listings. The Agency, however, is not
making a final listing determination on
these wastes and may, in the future,
evaluate sludges generated from non-
contact once-through cooling waters.
Today, the Agency is promulgating an
interim final rule that amends the listing
definitions for F037 and F038 to exclude
sludge generated from non-contact,
once-through cooling waters that are
segregated for treatment from other
process or oily cooling wastewaters. It
should be noted that non-contact, once-
through cooling waters that are mixed
with the wastewaters that will generate
the listed waste or with any other listed
hazardous waste become subject to
Subtitle C regulations under the mixture
rule (40 CFR 261.3(a)(2)(iv)). It also
should be noted that these wastewaters,
and any sludges generated from them,
could still exhibit one or more of the
characteristics of hazardous waste, and
if so, would be subject to appropriate
RCRA Subtitle C controls.
2. Floats Generated in Aggressive
Biological Treatment
The Agency also has learned that the
F038 listing description published in the
final rule on November 2,1990 could be
misinterpreted to include floats
generated during or after aggressive
biological treatment. Today's rule
further revises the F038 listing definition
to clarify that the F038 listing for
petroleum refinery secondary
(emulsified) oil/water/solids separation
does not include floats generated in or
downstream from aggressive biological
treatment units. EPA believes this was
clearly implicit in its discussion in the
final rule. The Agency spelled out in
detail what units were aggressive
biological treatment units in the
preamble to the final rule (see 55 FR
46358,.November 2,1990) and
promulgated a detailed definition for
such units under 40 CFR 261.31(b)(2)(i).
The Agency believes its intent was plain
in both the preamble discussion and the
regulatory language. However, the
Agency agrees that some potential for
misinterpretation may exist and,
therefore, is clarifying the listing
description.
The Agency used the term "[a]ny
sludge and/or float" to describe the
listed F038 waste in the definition at 40
CFR 261.31 (55 FR 46396). This phrase
indicated the Agency's intent to regulate
all sludges and floats generated in the
physical and/or chemical separation of
oil/water/solids in process, wastewaters
and oily cooling wastewaters. However,
the Agency used the term "sludges" to
describe the waste generated in an
aggressive biological treatment unit not
included in the listing. By failing to
include "and/or floats" the Agency did
not mean to suggest floats generated in
aggressive biological treatment units
remained within the scope of the listing
as well. However, because of the
potential for some confusion, the
Agency is amending the definition of
F038 specifically to exclude floats
generated in aggressive biological
treatment units from the F038 listing.
EPA today is soliciting comments on
its action today. In particular, the
Agency is seeking additional data that
would support or refute API's contention
that non-contact, once-through cooling .
waters are substantially different from
other wastewaters included in the
definition of oily cooling waters, and
comment on the data the Agency has
received to date.
C. State Authority
1. Applicability of Rules in Authorized
States
Under Section 3006 of RCRA, EPA
may authorize qualified States to
administer and enforce the RCRA
program within the State. Following
authorization, EPA retains enforcement
authority under section 3008,3013, and
7003 of RCRA, although authorized
States have primary enforcement
responsibility. The standards and
requirements for authorization are found
in 40 CFR part 271.
Prior to HSWA, a State with final
authorization administered its
hazardous waste program in lieu of EPA
administering the Federal program hi
that State. The Federal requirements no
longer applied hi the authorized State,
and EPA could not issue permits for any
facilities that the State was authorized
to permit When new, more stringent
Federal requirements were promulgated
or enacted, the State was obliged to
enact equivalent authority-within
specified time frames. New Federal
requirements did not take effect in an
authorized State until the State adopted
the requirements as State law. In
contrast under RCRA section 3006(g) (42
U.S.C. 6926(g)), new requirements and
prohibitions imposed by HSWA take
effect in authorized States at the same
time that theytake effect in
nonauthorized States. EPA is directed to
carry out these requirements and
prohibitions in authorized States,
including the issuance of permits, until
the State is granted authorization'to do
so. While States must still adopt
HSWA-related provisions as State law
to retain final authorization, HSWA
applies in authorized States in the
interim. Consequently, in light of today's
revision, Table 1 in 40 CFR 271.1Q) also
has been amended. Table 1 identifies
Federal program requirements
promulgated pursuant to HSWA that are
effective regardless of a State's
authorization status.
2. Effect on State Authorizations
EPA will implement the provisions of
today's interim final rule in authorized
States until their programs are modified
to adopt the final listings for primary
and secondary oil/water/solids
separation sludge and the modification
to the State's program is approved by
EPA. See discussion in the final rule at
55 FR 46381 (November 2,1990). In
nonauthorized States EPA will, of
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21958 Federal Register / Vol. 56. No. 92 / Monday. May 13. 1991 / Rules and Regulations
course, implement the provisions of
today's ride.
As previously noted, the primary and
secondary oil/water/solids separation
sludge listings were promulgated
pursuant to a HSWA provision and must
be adopted by States that intend to
retain final authorization. However,
today's rule revises and narrows the
scope of the listing for primary and
secondary oil/water/solids separation
sludge from that of the final regulation
03 promulgated. Today's interim final
rule (1) excludes non-contact, once-
through cooling water from the F037 and
F038 listings and (2) does not include
within the scope of the F038 listing floats
generated In or after aggressive
biological treatment units.
Consequently, such wastes are not
hazardous wastes for the purposes of
Federal regulation and regulation of
these wastes is not required. At the
same tune, under section 3009 of RCRA,
States remain free to impose more
stringent requirements than those
imposed under Federal regulations. As a
result, States, as authorized by State
statute, may chose to regulate the
wastes from non-contact, once-through
cooling wastes or aggressive biological
treatment units or may require other
more stringent conditions upon
management of these wastes.
D. CERCLA Designation and Repottable
Quantities
All hazardous wastes listed in 40 CFR
281.31 through 261.33, as well as any
solid waste that meets one or more of
the characteristics of a RCRA hazardous
waste (as defined at 40 CFR 281.21
through 261.24), are hazardous
substances under the Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980
(CERCLA), as amended, pursuant to
CERCLA section 101(14). Therefore, the
waste streams that were listed as
hazardous waste in the November 2,
1990 rule (55 FR 46354) will, on the
effective date of the rule, May 2,1991,
automatically become hazardous
substances. CERCLA hazardous
substances are listed in Table 302.4 at 40
CFR 302.4 along with their reportable
quantities (RQs).
Under CERCLA section 103(a), the
person in charge of a vessel or facility
from which a hazardous substance has
been released in a quantity that equals
or exceeds its RQ shall immediately
notify the National Response Center of
the release. In addition to the reporting
requirements under CERCLA, section
304 of the Emergency Planning and
Community Right-to-Know Act of 1986
(EPCRA) requires owners or operators
of certain facilities to report the releases
of a CERCLA hazardous substance or
Extremely Hazardous Substance (EHS)
to State and local authorities. EPCRA
Section 304 notification must be given
immediately after the release of an EHS
in the amount of an RQ or more to the
community emergency coordinator for
each local emergency planning
committee (LEPC) for an area likely to
be affected by the release, and to the
State emergency planning: commission
of any State likely to be affected by the
release.
With the revision of the definitions of
waste subject to the F037 and F038
listings, as discussed previously in
today's notice, the Agency is revising
the F037 and F038 listings in 40 CFR
302.4 and the codified list of CERCLA
hazardous substances.
Under Section 102(b) of CERCLA, all
hazardous wastes newly designated
under RCRA will have a statutory RQ of
one pound unless and until the RQ is
adjusted by regulation under CERCLA.
The November 2,1990 rule provided that
the RQ for the newly added F037 and
F038 wastes woujdbe one pound until
revised under a CERCLA rulemaking.
On March 27,1991, the Agency
published a separate rulemaking under
CERCLA (55 FR 12826), which proposed
to adjust the RQ for these wastes at one
pound. The changes in today's rule do
not change the proposed RQs.
E. Regulatory Requirements
1. Regulatory Impact Analysis .
Under Executive Order 12291, EPA
must determine whether a regulation is
"major" and therefore subject to the
requirements of a Regulatory Impact
Analysis. The overall effect of today's
rule is to narrow the definition of those
wastes subject to the F037 and F038
hazardous waste listings for petroleum
refinery primary and secondary oil/
xvater/solids separation sludge. The net
effect of this proposal is to extend cost
savings to the regulated community.
Consequently, no regulatory impact
analysis is required.
2. 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 Rulemaking for any proposed
or 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 (i.e., small businesses, small
organizations, and small governmental
jurisdictions). No regulatory flexibility
analysis is re'quired, 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 narrowing of the definition of oily
cooling waters as applied to petroleum
refinery primary and secondary oil/
water/solids separation sludge (F037
and F038) promulgated today is
deregulatory in nature and thus will
only provide beneficial opportunities for
entities that may be affected by the rule.
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.
3. Paperwork Reduction Act
There are no reporting, notification, or
recordkeeping (information) provision in
this rule. Such provisions, were they
included, would be submitted for
approval to the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects
40 CFR Part 261
Hazardous wastes, hazardous
constituents, recycling.
40 CFR Part 271
Administrative practice and
procedure, Hazardous materials
transportation, Hazardous waste,
Reporting and recordkeeping
requirements. Water pollution control,
Water supply, Interim and final State
authorizations.
40 CFR Part 302
Air pollution control, Chemicals,
Hazardous materials, Hazardous
substances, Intergovernmental relations,
Natural resources, Reporting and
recordkeeping requirements, Superfund,
Water pollution control, Water supply.,
Dated: May 1,1991.
F. Henry Habicht, II,
Deputy 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 for part 261 continues
to read as follows:
Authority: 42 U.S.C. 6905,6912{a), 6221,
6922, and 6938.
2. The table in § 261.31(a) is amended
by revising the entries F037 and F038 to
read as follows:
§ 261.31 Hazardous waste from non-
specific sources
(a)***
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Federal Register / Vol. 56, No. 92 / Monday, May 13, 1991 / Rules and Regulations
21959
Industry and
EPA
hazardous
waste No.
Hazardous waste
Hazard
code
F037 Petroleum refinery primary oil/water/solids separation sludge—Any sludge generated from the gravitational separation of oil/water/solids (T)
during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges Include.
but are not limited to. those generated In: oil/water/solids separators; tanks and Impoundments; ditches and other conveyances; sumps;
and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges
generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges
generated in aggressive biological Ireatment units as defined in § 261.31 (b)(2) (including sludges generated in one or more additional
units after wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing.
F038 Petroleum refinery secondary (emulsified) oil/water/sollds separation sludge—Any sludge and/or float gerierated from the physical and/or (T)
chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes
include, but are not limited to. all sludges and floats generated In: induced air flotation (IAF) units, tanks and impoundments, and all
sludges generated in DAF units. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from
non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges and floats
generated in aggressive biological treatment units as defined in § 281.31(b)(2) (including sludges and floats generated in one or more
additional units after wastewaters have been treated in aggressive biological treatment units) and F037, K048, and K051 wastes are not
Included in this listing. *
PART 271—REQUIREMENT FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
3. The authority citation for part 271
continues to read as follows:
Authority: 42 U.S.C. 6905,6912(a), and 6928. § 271.1 Purpose and scope.
4. Section 271.10) is amended by
adding at the end of the following entry 0) *
to Table 1.
TABLE 1.—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
Promulgation date
Title of regulation
Federal Register reference
Effective date
[Insert Publication Date}..
... Petroleum refinery primary and secondary oil/water/ [Insert FRpage citation]...,
solids separation sludge listings.
— May 2,1991.
PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION
5. The authority citation for Part 302
continues to read as follows:
Authority: £2 U.S.C. 9602, 9603, and 9604; 33 §302.4 [Amended]
U.S.C. 1321 and 1361. 6. Section 302.4 is amended by
revising the entries F037 and F038 hi
Table 302.4 to read as follows.
TABLE 302.4.—LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES
Hazardous substance
Statutory
Final RQ
CASRN
Regulatory
synonyms
RQ
Code+
RCRA
waste
no.
Category
Pounds
(KG)
F037 _
Petroleum refinery primary oil/water/splids separation sludge-
Any sludge generated from the gravitational separation of oil/
water/solids during the storage or treatment of process
wastewaters and oily cooling wastewaters from petroleum refin-
eries. Such sludges include, but are not limited to, those
generated in: oil/water/solids separators; tanks and impound-
ments; ditches and other conveyances; sumps; and stormwater
units receiving dry weather flow. Sludge generated in storm-
water units that do not receive dry weather flow, sludges
generated from non-contact once-through cooling waters segre-
gated for treatment from other process or oily cooling waters,
sludges generated in aggressive biological treatment units as
defined in §261.31(b)(2) (including sludges generated in one or
more additional units after wastewaters have been treated in
aggressive biological treatment units) and K051 wastes are not
included in this listing
F038
4 F037
1* 4 F038
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21960
Federal Register / Vol. 58, No. 92 / Monday, May 13, 1991 /Rules and Regulations
TABLE 302.4.—LIST OF HAZARDOUS SUBSTANCES AND REPOHTABLE QUANTITIES—Continued
Statutory
Final RQ
Hazardous substance
CASRN
Regulatory
synonyms
RQ
Cotte+
RCRA
waste
no.
Category
Pounds
(KG)
Petroleum refinery secondary (emulsified) oH/water/sofida separa-
tion sludge—Any sludge end/or float generated from the physi-
cal and/or chemical separation of oH/water/soflds hi process
waatowotera and oRy cooing wastewaters from petroleum refin-
eries. Such wastes Include, but are not Bmfted to, all sludges
and floats generated in: induced a(r flotation (IAF) units, tanks
and Impoundments, and a* sludges generated in DAF units.
Sludges generated in slorrnwater units that do not receive dry
weather flow, sludges generated from once-through non-con-
tact cooSog waters segregated for treatment from other proc-
ess or oil cooBng wastes, sludges and floats generated in
aggressive biological treatment units as defined in
§261.31(b)(2) (Including sludges and floats generated in one or
more additional units after wastewaters have been treated in
aggressive biological treatment units) and F037, K048, and
K051 wastes are not Included in this listing
+ Indicates the statutory sourcss as deSned by 4 below.
* Indicates that the statutory source for designation of this hazardous substance under CERCLA Is RCRA Section 3001.
1* Indicates thai the 1-pound RQ is a CERCLA statutory RQ.
## The Agency may adjust the statutory RQ for this hazardous substance in a future rutemsking; until then the statutory RQ applies.
[FR Doc. 81-10898 Filed 5-10-91; 8:45 am]
RUffW CODE *KO-KWi
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 646
[Docket No 910507-1107]
Snapper-Grouper Fishery of the South
Atlantic
AGENCY: National Marine Fisheries
Service (NMFS), NOAA, Commerce.
ACTION: Final rule.
SUMMARY: The Secretary of Commerce
changes the quota for wreckfish in tie
snapper-grouper fishery off the South
Atlantic states in accordance with the
framework procedure of the Fishery
Management Plan for the Snapper-
Grouper Fishery of the South Atlantic
Region (FMP), as amended. This notice
establishes an annual quota for
wreckfish of up to three million pounds
(1,360,791 kilograms), whole weight, as
follows: One million pounds (453,597
kilograms), whole weight, during each of
the periods April 16.1991, through July
15,1991, and July 16,1991, through
October 15,1991; with an additional one
million pounds for the period October
16,1991, through January 14,1992,
available if analysis of current data
indicates that it is the appropriate
harvest level for the resource. The
intended effect is to protect the
wreckfish resource.
EFFECTIVE DATE May 10,1991.
FOR FURTHER INFORMATION CONTACT:
Peter J. Eldridge, (813) 893-3161.
SUPPLEMENTARY INFORMATION: Snapper-
grouper species, including wreckfish, are
managed under the FMP, prepared by
the South Atlantic Fishery Management
Council (Council), and its implementing
regulations at 50 CFR part 646, under the
authority of the Magnuson Fishery
Conservation and Management Act
(Magnuson Act).
In accordance with procedures
approved in Amendment 3 to the FMP,
the Council recommended and NOAA
published a proposed rule changing the
wreckfish annual quota (56 FR 14496,
April 10,1991). That notice (1) described
the framework procedure of the FMP
through which the Council
recommended the change; (2) specified
the change; and (3) described the need
and rationale for the change. Those
descriptions and specifications are not
repeated here. No comments were
received on the proposed rule.
The Regional Director, Southeast
Region, NMFS, concurs that the
Council's recommended wreckfish quota
is necessary to protect the resource and
finds that it is consistent with the goals
and objectives of the FMP. In addition,
NOAA finds that it is consistent with
the Magnuson Act and other applicable
law. Accordingly, the Council's
recommended wreckfish quota is
implemented for the fishing year that
commenced April 16,1991.
Because this change in quota is for a
fishing year that has already
commenced, the Assistant
Administrator for Fisheries, NOAA,
finds for good cause, namely, to provide
effective conservation and management
of the wreckfish resource, that it is
impracticable and contrary to the public
interest to delay for 30 days the effective
date of this rule under the provisions of
section 553(d){3) of the Administrative
Procedure Act.
Other Matters
This action is authorized by 50 CFR
646.25 and complies with E.0.12291.
List of Subjects in 50 CFR- Part 643
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: May 7,1991.
Michael F. Tillman,
Acting Assistant Administrator for Fisheries.
National Marine Fisheries Service.
For the reasons set forth in the
preamble, 50 CFR part 646 is amended
as follows:
PART 646—SNAPPER-GROUPER
FISHERY OF THE SOUTH ATLANTIC
1. The authority citation for part 646
continues to read as follows:
Authority: 18 U.S.C. 1801 et seq.
2. Section 646.24 is revised to read as
follows:
§ 646.24 Wreckfish quota and closure.
(a) Persons fishing for wreckfish are
subject to a quota of up to 3 million
pounds (1,360,791 kilograms), whole
weight, each fishing year, distributed as
follows:
(1) A quota of one million pounds
(453,597 kilograms) is available on April
16;
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