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Citation: 45 Fed. Reg. 33096 1980

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

whenever it exhibits one ormore ofthe characteristics. As a practical matter, this means that persons handling solid wastes must determine whether they meet the characteristics whenever the management ofthe solidwastes would potentially be subject to EPA'sPart 262 through 265 regulations.

The following examples illustrate how this provision would operate inpractice:

* The ABC Company stores waste acid on-site in cofitainers prior to transport off-site for disposal. The company must determine whether the acid meets Subpart C characteristics, when it is pouredinto the containers.

o TheDEF Companypipes waste acid into a tank, whereitis neutralizedby adding lime. The company must determine whether the acid meets Subpart Ccharacteristics when it enters the neutralization tank. The neutralization operation is a treatment process. The GHI Company pipes waste acid into a tanktruck fortransport to an offsite treatment facility. The company must determine whether the acid meets Subpa;t Ccharacteristics when it enters the tank truck.

* The JKLCompany produces a wastewater which is piped into a surface impoundment, for the purposes oftreatment priorto point-source discharge into surface waters. During treatment a sludge forms. This sludge is periodically dredged from the impoundment and disposed of.The company must determine (1] whether the wastewater meets Subpart C characteristics when it enters the impoundment and (2] whether the sludge meets Subpart C characteristics when itbegins to accumulate on the bottom ofthe impoundment.

In drafting paragraph (b), EPA has attempted to cover the most common types ofwaste generation and, management scenarios. TheAgency recognizes, however, that some companies may generate andhandle wastes-in ways notcontemplated by EPA and forwhich a strict application of paragraph (b) wouldmake no sense.We would appreciate having those instances brought to our attention so that we can decide whether additional rulenraking or issuing guidance is appropriate for dealing with these situations.

3. When DoesaHazardousWaste Ceaseto be.aHazardous Waste?

. Paragraphs (c) and (d) ofthis section explain when a hazardous waste ceases tobe a hazardous waste and thereforeis

no longer subject to Subtitle C requirements. These are new provisions. which have been added both in response to comment and as a logical outgrowth ofparagraph (b). Paragraph (c) provides that a hazardous wasteremains a hazardous
waste unless and until (1) it does not exhibit any ofthe characteristics o identified in Subpart C and (2) where the waste is listed in Subpart D (oris a mixture containing a waste listed in Subpart D), the waste (oreach ofits constitutent listed wastes)is also excluded from paragraph (c) under the rulemaking procedures outlined in §§ 260.20 and 260.22. As a-practical matter, this meang-that facilities which store, dispose ofortreat hazardous
waste mustbe considered hazardous
waste management facilities for as long

as they continue to contain hazardous
waste and that any wastes re'moved from such facilities-including spills, dis'charges or leaks-must bemanaged

as hazardous wastes.

EPA believes this is a very reasonable and rational rule. Wastes are typically stored forrelatively short periods of time. Although solids in the waste-may settle and the volume ofthe waste may be reduced by evaporation during this period, major chemical orbiological changes affecting the hazardous character of the waste are unlikely to

occur. Hazardous wastes which are disposed ofin a landfill are more likely
to undergo change (principally through leaching and anaerobic degradation), butpnly very slowly and over a long period oftime.

Hazardous wastes placed in treatment facilities (includingincinerators, surface. impourldments and land treatment facilities) will, by definition, change character. However, treatment does not necessarily "render tal waste nonhazardous" (Section 1004(34)). It may only make it "amenable for recovery, amenable for storage or reduced in volume"; orit may only eliminate one ofseveral hazardous properties. Moreover, even in those

cases where treatment does ultimately render a waste "nonhazardous", the
waste will generally have been hazardous during part or all ofthe
treatment process.

Paragraph (c) establishes a similar rule with respect to solid wastes' generated by storage, disposal and treatment-including leachate and treatment residues such as sludges and incinerator ash. Here, too, it is reasonable to assume that these wastes, which are derived from hazardous wastes, are themselves hazardous.

Leachate is produced by the percolation ofliquid through-wastes; it typically contains solubilized heavy metals and organic materials and is virtually always highly toxic. Treatment residues, by definition, contain waste constituents which'were removed during treatment orwhich were not completely destroyed by treatment. Sludges from wastewater treatment typically contain concentrated amounts ofthe toxic substances which were in the wastewater. Ash from the incineration ofhazardous wastes often contains heavy metals and, ifcombustion is not complete, undestroyed toxic organic materials.

Thisis the best regulatory approach

we can devise at this time for dealing with solid wastes generated by hazardous waste management facilities, We are notnow in a position to prescribe waste-specific treatment standards which would identify those processes which do and do notrender wastes or treatment residues nonhazardous. To listtreatment residues on case-by-case basis would be

an enormous job, and one ivhich we think, given the reasons outlined above, is unnecessary.

This approach obviously is not without deficiencies. For example, one effect oftreating wastes containing synthetic organic materials may be to create new hazardous constituents in the waste or treatment residue. This regulation obviously does not deal with those new constituents. It also does not
cover run-offfrom hazardous waste facilities on the theory that the water in precipitation run-offin many cases may not have had sufficient contact with the waste to solubilize waste constituents. (Ofcourse ifcollected, run-offwould be

a solidwaste and, ifit exhibited any of the characteristics, would have to be managed as a hazardous waste). For purposes offuture rulemaking, we would be interested in any suggestions the public has for dealing with these issues.
D.Section261.4(Exclusions)

EPA's proposed Section 3001 regulations identified a number of wastes which would not be subject to Subtitle Crequirements because they

were either excluded from the statutory definition ofsolid waste (§250.11(a)(7)), notintended by Congress to be regulated under Subtitle C (§250.10(d)(2) (i) and (ii)), or subject to regulation under otherEPA statutes (§ 250.10(d)(2)(iii)).

EPAreceived a number ofcomments

on these proposed exclusions. Some commenters simplyurged EPA to clarify which wastes were covered by each of the exclusions. Others challenged EPA's justification for some ofits proposed exclusions. Still others contended that additional wastes should be exempted fromregulation based on legislative history or an alleged lack of demonstrated harm to humanhealth or the environment. 33096

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