1678 Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Rules and Regulations

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–490 Filed 1–10–97; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 261

[SW-FRL–5673–9]

Hazardous Waste Management

System; Identification and Listing of

Hazardous Waste; Amendment

AGENCY: Environmental Protection

Agency.

ACTION: Final rule amendment.

SUMMARY: The Environmental Protection

Agency (EPA or the Agency) is

amending 40 CFR Part 261, Appendix

IX to reflect changes in ownership and

name for Envirite Corporation

(Petitioner) in Canton, Ohio; Harvey,

Illinois and York, Pennsylvania. Today’s

final rule amendment documents these

changes.

EFFECTIVE DATE: December 31, 1996.

FOR FURTHER INFORMATION CONTACT:

RCRA Hotline, toll free at 1–800–424–

9346.

For technical information on this

action as it applies to the Canton, Ohio

and Harvey, Illinois facilities, contact

Ms. Judy Kleiman, Waste Management

Branch, Waste Pesticides and Toxics

Division, U.S. Environmental Protection

Agency Region 5, 77 W. Jackson Blvd;

Chicago, IL 60604, 312–886–1482. For

technical information on this action as

it applies to the York, Pennsylvania

facility, contact Mr. David M. Friedman,

Technical and Program Support Branch,

Hazardous Waste Management Division,

U.S. Environmental Protection Agency

Region 3, 841 Chestnut Street,

Philadelphia, PA 19107, 215–566–3395.

SUPPLEMENTARY INFORMATION: In this

document EPA is amending Appendix

IX to Part 261 to reflect changes in the

ownership and name for certain

facilities. The petition process under

§§260.20 and 260.22 allows facilities to

demonstrate that a specific waste from

a particular generating facility should

not be regulated as a hazardous waste.

Based on waste specific information

provided by the Petitioner, EPA granted

a final exclusion to Envirite Corporation

for its facilities in Canton, Ohio; Harvey,

Illinois and York, Pennsylvania on

November 14, 1986 (51 FR 41324). On

December 9, 1996, Envirite Corp.

notified Regions 3 and 5 that on

December 31, 1996, ownership of the

Envirite Corporation facility in Canton,

Ohio will be transferred to Envirite of

Ohio, Inc., ownership of the Envirite

Corporation facility in Harvey, Illinois

will be transferred to Envirite of Illinois,

Inc., and ownership of the Envirite

Corporation facility in York,

Pennsylvania will be transferred to

Envirite of Pennsylvania, Inc.

Envirite Corporation further noted

that no changes would be made in the

management of EPA Hazardous Wastes

F006–F009, F011, F012, F019, K002–

K008 and K062 for which EPA granted

exclusions pursuant to 40 CFR 260.20

and 260.22, and that all conditions of

the exclusions would continue to be met

at each of the Petitioner’s affected

facilities. Today’s notice documents the

transfer of ownership and name change

by updating Appendix IX to incorporate

the change in owner’s name for each

facility affected by such exclusions.

This change to 40 CFR Part 261,

Appendix IX shall be effective

December 31, 1996. The Hazardous and

Solid Waste Amendments of 1984

amended Section 3010 of RCRA to allow

rules to become effective in less than six

months when the regulated community

does not need the six month period to

come into compliance. As described

above, the change in ownership will not

affect the facilities’ operations.

Therefore, a six month delay in the

effective date is not necessary in this

case. This provides a basis for making

these amendments effective

immediately under the Administrative

Procedures Act, pursuant to 5 U.S.C.

5531(d).

List of Subjects in 40 CFR Part 261

Environmental Protection Hazardous

waste, Recycling, and Reporting and

recordkeeping requirements.

Dated: December 24, 1996.

Valdas Adamkus,

Regional Administrator, Region 5.

For reasons set out in this preamble,

40 CFR part 261 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: 42 U.S.C. 6905, 6912(a), 6921,

6922, and 6938.

2. 40 CFR Part 261, Appendix IX,

Tables 1 and 2 are amended by

removing the entries for Envirite

Corporation and by adding, in

alphabetical order, the entries for

Envirite of Illinois, Envirite of Ohio and

Envirite of Pennsylvania to read as

follows:

Appendix IX to Part 261—Wastes

Excluded Under §§260.20 and 260.22

TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES

Facility Address Waste description

* * * * * * *

Envirite of Illinois (formerly

Envirite Corporation).

Harvey, Illinois .................... See waste description under Envirite of Pennsylvania.

Envirite of Ohio (formerly

Envirite Corporation).

Canton, Ohio ....................... See waste description under Envirite of Pennsylvania.
Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Rules and Regulations 1679

TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued

Facility Address Waste description

Envirite of Pennsylvania

(formerly Envirite Corporation).

York, Pennsylvania ............. Dewatered wastewater sludges (EPA Hazardous Waste No .F006) generated from

electroplating operations; spent cyanide plating solutions (EPA Hazardous Waste

No. F007) generated from electroplating operations; plating bath residues from

the bottom of plating baths (EPA Hazardous Waste No. F008) generated from

electroplating operations where cyanides are used in the process; spent stripping

and cleaning bath solutions (EPA Hazardous Waste No. F009) generated from

electroplating operations where cyanides are used in the process; spent cyanide

solutions from salt bath pot cleaning (EPA Hazardous Waste No. F011) generated from metal heat treating operations; quenching wastewater treatment

sludges (EPA Hazardous Waste No. F012) generated from metal heat treating

where cyanides are used in the process; wastewater treatment sludges (EPA

Hazardous Waste No. F019) generated from the chemical conversion coating of

aluminum after November 14, 1986. To ensure that hazardous constituents are

not present in the waste at levels of regulatory concern, the facility must implement a contingency testing program for the petitioned waste. This testing program must meet the following conditions for the exclusions to be valid:

(1) Each batch of treatment residue must be representatively sampled and tested

using the EP Toxicity test for arsenic, barium, cadmium, chromium, lead, selenium, silver, mercury, and nickel. If the extract concentrations for chromium,

lead, arsenic, and silver exceed 0.315 ppm; barium levels exceed 6.3 ppm; cadmium and selenium exceed 0.063 ppm; mercury exceeds 0.0126 ppm; or nickel

levels exceed 2.205 ppm; the waste must be re-treated or managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting

standards of 40 CFR Part 270.

(2) Each batch of treatment residue must be tested for reactive and leachable cyanide. If the reactive cyanide levels exceed 250 ppm or leachable cyanide levels

(using the EP Toxicity test without acetic acid adjustment) exceed 1.26 ppm, the

waste must be re-treated or managed and disposed as a hazardous waste under

40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270.

(3) Each batch of waste must be tested for the total content of specific organic toxicants. If the total content of anthracene exceeds 76.8 ppm, 1,2-diphenyl hydrazine exceeds 0.001 ppm, methylene chloride exceeds 8.18 ppm, methyl ethyl ketone exceeds 326 ppm, n-nitrosodiphenylamine exceeds 11.9 ppm, phenol exceeds 1,566 ppm, tetrachloroethylene exceeds 0.188 ppm, or trichloroethylene

exceeds 0.592 ppm, the waste must be managed and disposed as a hazardous

waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR

Part 270.

(4) A grab sample must be collected from each batch to form one monthly composite sample which must be tested using GC/MS analysis for the compounds listed

in #3, above, as well as the remaining organics on the priority pollutant list. (See

47 FR 52309, November 19, 1982, for a list of the priority pollutants.)

(5) The data from conditions 1–4 must be kept on file at the facility for inspection

purposes and must be compiled, summarized, and submitted to the Administrator by certified mail semi-annually. The Agency will review this information and

if needed will propose to modify or withdraw the exclusion. The organics testing

described in conditions 3 and 4, above, are not required until six months from

the date of promulgation. The Agency’s decision to conditionally exclude the

treatment residue generated from the wastewater treatment systems at these facilities applies only to the wastewater and solids treatment systems as they presently exist as described in the delisting petition. The exclusion does not apply to

the proposed process additions described in the petition as recovery including

crystallization, electrolytic metals recovery, evaporative recovery, and ion exchange.

* * * * * * *

TABLE 2.—WASTES EXCLUDED FROM SPECIFIC SOURCES

Facility Address Waste description

* * * * * * *

Envirite of Illinois (formerly

Envirite Corporation).

Harvey, Illinois .................... See waste description under Envirite of Pennsylvania.

Envirite of Ohio (formerly

Envirite Corporation).

Canton, Ohio ....................... See waste description under Envirite of Pennsylvania.
1680 Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Rules and Regulations

TABLE 2.—WASTES EXCLUDED FROM SPECIFIC SOURCES—Continued

Facility Address Waste description

Envirite of Pennsylvania

(formerly Envirite Corporation).

York, Pennsylvania ............. Spent pickle liquor (EPA Hazardous Waste No. K062) generated from steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and

332); wastewater treatment sludge (EPA Hazardous Waste No. K002) generated

from the production of chrome yellow and orange pigments; wastewater treatment sludge (EPA Hazardous Waste No. K003) generated from the production of

molybdate orange pigments; wastewater treatment sludge (EPA Hazardous

Waste No. K004) generated from the production of zinc yellow pigments;

wastewater treatment sludge (EPA Hazardous Waste K005) generated from the

production of chrome green pigments; wastewater treatment sludge (EPA Hazardous Waste No. K006) generated from the production of chrome oxide green

pigments (anhydrous and hydrated); wastewater treatment sludge (EPA Hazardous Waste No. K007) generated from the production of iron blue pigments; oven

residues (EPA Hazardous Waste No. K008) generated from the production of

chrome oxide green pigments after November 14, 1986. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern, the

facility must implement a contingency testing program for the petitioned wastes.

This testing program must meet the following conditions for the exclusions to be

valid:

(1) Each batch of treatment residue must be representatively sampled and tested

using the EP Toxicity test for arsenic, barium, cadmium, chromium, lead, selenium, silver, mercury, and nickel. If the extract concentrations for chromium,

lead, arsenic, and silver exceed 0.315 ppm; barium levels exceed 6.3 ppm; cadmium and selenium exceed 0.063 ppm; mercury exceeds 0.0126 ppm; or nickel

levels exceed 2.205 ppm, the waste must be retreated or managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting

standards of 40 CFR Part 270.

(2) Each batch of treatment residue must be tested for reactive and leachable cyanide. If the reactive cyanide levels exceed 250 ppm; or leachable cyanide levels

(using the EP Toxicity test without acetic acid adjustment) exceed 1.26 ppm, the

waste must be re-treated or managed and disposed as hazardous waste under

40 CFR Parts 262 to 265 and the permitting standards of 40 CFR 270.

(3) Each batch of waste must be tested for the total content of specific organic toxicants. If the total content of anthracene exceeds 76.8 ppm, 1.2-diphenyl hydrazine exceeds 0.001 ppm, methylene chloride exceeds 8.18 ppm, methyl ethyl ketone exceeds 326 ppm, n-nitrosodiphenylamine exceeds 11.9 ppm, phenol exceeds 1,566 ppm, tetrachloroethylene exceeds 0.188 ppm, or trichloroethylene

exceeds 0.592 ppm, the waste must be managed and disposed as a hazardous

waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR

Part 270.

(4) A grab sample must be collected from each batch to form one monthly composite sample which must be tested using GC/MS analysis for the compounds listed

in #3, above, as well as the remaining organics on the priority pollutant list. (See

47 FR 52309, November 19, 1982, for a list of the priority pollutants.)

(5) The data from conditions 1–4 must be kept on file at the facility for inspection

purposes and must be compiled, summarized, and submitted to the Administrator by certified mail semi-annually. The Agency will review this information and

if needed will propose to modify or withdraw the exclusion. The organics testing

described in conditions 3 and 4, above, is not required until six months from the

date of promulgation. The Agency’s decision to conditionally exclude the treatment residue generated from the wastewater treatment systems at these facilities applies only to the wastewater and solids treatment systems as they presently exist as described in the delisting petition. The exclusion does not apply to

the proposed process additions described in the petition as recovery, including

crystallization, electrolytic metals recovery, evaporative recovery, and ion exchange.

* * * * * * *
Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Rules and Regulations 1681

[FR Doc. 97–436 Filed 1–10–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 435

[FRL–5673–8]

RIN 2040–AB72

Final Effluent Limitations Guidelines

and Standards for the Coastal

Subcategory of the Oil and Gas

Extraction Point Source Category;

Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: EPA is correcting minor errors

in the preamble and effluent limitations

guidelines and standards for the coastal

subcategory of the oil and gas extraction

point source category, which appeared

in the Federal Register on December 16,

1996 (61 FR 66086).

EFFECTIVE DATE: these corrections shall

become effective January 15, 1997,

except for § 435.45 (NSPS), which

becomes effective January 13, 1997.

FOR FURTHER INFORMATION CONTACT:

Charles E. White, Office of Water,

Engineering and Analysis Division

(4303), U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC, 20460, (202) 260–5411,

White.Chuck@EPAMail.EPA.Gov.

SUPPLEMENTARY INFORMATION: In a final

rule published December 16, 1996 (61

FR 66086), EPA established final

effluent limitations guidelines and

standards for the control of wastewater

pollutants. The final rule contained

some minor errors that are discussed

briefly below and are corrected by this

document. The effective dates and date

of issuance for purposes of judicial

review are stated in the December 16,

1996 final rule.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, is therefore not subject to review by

the Office of Management and Budget.

In addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issuess as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Because this action is not subject to

notice-and-comment requirements

under the Administrative Procedure Act

or any other statute, it is not subject to

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 435

Environmental protection,

Incorporation by reference, Oil and gas

extraction, Pollution prevention, Waste

treatment and disposal, Water pollution

control.

Dated: December 27, 1996.

Robert Perciasepe,

Assistant Administrator for Water.

The following corrections are made in

FRL–5648–4, Final Effluent Limitations

Guidelines and Standards for the

Coastal Subcategory of the Oil and Gas

Extraction Point Source Category, which

was published in the Federal Register

on December 16, 1996 (61 FR 66086).

1. On page 66111, columns two, line

24, the reference to ‘‘Table 10 is

corrected to read ‘‘Table 11’’.

2. and 3. On page 66111, column two

and three, the second Table 10 is

correctly designated as Table 11.

4. On page 66111, column three, line

4 of Paragraph B, the reference to ‘‘Table

11’’ is corrected to read ‘‘Table 12’’.

5. On page 66112, column one, the

Table 11 is correctly designated as Table

12.

6. On page 66113, the Table is

correctly designated as Table 13.

7. On page 66113, column three, line

13, the reference to ‘‘Table 12’’ is

corrected to read ‘‘Table 13’’.

§ 435.41 [Amended]

8. § 435.41 on page 66127, column

one, line 24, the second paragraph (y) is

correctly designated (z).

9. § 435.41 on page 66127, paragraph

(z) is correctly designated (aa).

10. § 435.41 on page 66127, paragraph

(aa) is correctly designated (bb).

11. § 435.41 on page 66127, paragraph

(bb) is correctly designated (cc).

12. § 435.41 on page 66127, paragraph

(cc) is correctly designated (dd).

13. § 435.41 on page 66127, paragraph

(dd) is correctly designated (ee).

14. § 435.41 on page 66127, paragraph

(ee) is correctly designated (ff).

15. and 16. On page 66128, § 435.43

includes a table of BAT effluent

limitations. The table is corrected to

read as follows:

§ 435.43 Effluent limitations guidelines

representing the degree of effluent

reduction attainable by the application of

the best available technology economically

achievable (BAT).

* * * * *

BAT EFFLUENT LIMITATIONS

Stream Pollutant parameter BAT effluent limitations

Produced Water:

(A) All coastal areas except Cook Inlet ......................... .................................... No discharge.

(B) Cook Inlet ................................................................ Oil & Grease ............. The maximum for any one day shall not exceed 42 mg/l,

and the 30-day average shall not exceed 29 mg/l.

Drilling Fluids, Drill Cuttings, and Dewatering Effluent: 1

(A) All coastal areas except Cook Inlet ......................... .................................... No discharge.

(B) Cook Inlet ................................................................ Free Oil 2 ................... No discharge.

Diesel Oil ................... No discharge.

Mercury ..................... 1 mg/kg dry weight maximum in the stock barite.

Cadmium ................... 3 mg/kg dry weight maximum in the stock barite.

Toxicity ...................... Minimum 96-hour LC50 of the SPP shall be 3 percent by

volume.4

Well Treatment, Workover and Completion Fluids:

(A) All coastal areas except Cook Inlet ......................... .................................... No discharge.

(B) Cook Inlet ................................................................ Oil & Grease ............. The maximum for any one day shall not exceed 42 mg/l,

and the 30-day average shall not exceed 29 mg/l.