[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Proposed Rules]
[Pages 30237-30243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11341]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R10-RCRA-2021-0142; FRL-10023-45-Region 10]


Hazardous Waste Management System; Proposed Exclusion for 
Identifying and Listing Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and request for comment.

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SUMMARY: The Environmental Protection Agency (EPA) (also, ``the 
Agency'' or ``we'' in this preamble) is proposing technical amendments 
to an existing exclusion from the list of federal hazardous waste 
(delisting) issued to the United States Department of Energy (Energy) 
under the Resource Conservation and Recovery Act. These modifications 
address changes to the 200-Area Effluent Treatment System associated 
with the delisting necessary to accept liquid effluents expected to be 
generated from vitrification of certain low-activity mixed wastes at 
the Hanford Federal Facility, or Hanford Site, in Richland, Washington.

DATES: Comments must be received on or before July 7, 2021. Requests 
for an informal hearing must reach the EPA by June 22, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2021-0142 via www.regulations.gov: Follow the on-line instructions 
for submitting comments. Due to restrictions related to COVID-19, 
submission of comments via mail or hand delivery is not feasible at 
this time.
    Instructions: Direct your comments to Docket ID No. EPA-R10-RCRA-
2021-0142. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless

[[Page 30238]]

the comment includes information claimed to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Do not submit information that you consider to be CBI or 
otherwise protected through www.regulations.gov or email. The 
www.regulations.gov website is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through www.regulations.gov 
your email address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the internet. If you submit an electronic comment, the EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any physical media you submit. If the 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Any person may request an informal hearing on this proposed 
decision by filing a request with Timothy Hamlin, Director, Land, 
Chemicals and Redevelopment Division, EPA, Region 10, 1200 6th Ave., 
Suite 155, M/S 15-H04, Seattle, Washington 98101. The request must 
contain the information prescribed in 40 Code of Federal Regulations 
CFR 260.20(d).
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information may not be publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy form. Publicly available docket materials are available 
electronically through www.regulations.gov. Due to restrictions related 
to COVID-19, docket materials are not available in hard copy form at 
this time. If you have further questions concerning docket materials, 
we recommend you telephone Dr. David Bartus at (206) 553-2804.

FOR FURTHER INFORMATION CONTACT: Dr. David Bartus, EPA, Region 10, 1200 
6th Avenue, Suite 155, M/S 15-H04, Seattle, Washington 98101; telephone 
number: (206) 553-2804; fax number (206) 553-8509; email address: 
<a href="/cdn-cgi/l/email-protection#1e7c7f6c6a6b6d307a7f687b5e7b6e7f30797168"><span class="__cf_email__" data-cfemail="0a686b787e7f79246e6b7c6f4a6f7a6b246d657c">[email protected]</span></a>.
    As discussed in Section V of this document, the Washington State 
Department of Ecology is evaluating the Petitioner's request for this 
modification under state authority. Information on Ecology's action may 
be found at https://ecology.wa.gov/Waste-Toxics/Nuclear-waste/Public-comment-periods.

SUPPLEMENTARY INFORMATION: The information in this section is organized 
as follows:

I. Overview Information
II. Background
    A. Hanford's 200 Area Effluent Treatment Facility
    B. Hanford's Waste Treatment and Immobilization Plant
    C. Changes to 200 Area Effluent Treatment Facility Capability
III. The EPA's Evaluation of the Proposed Technical Amendments
    A. Addition of Steam Stripping as a New Unit Operation
    B. Changes to Treatability Envelope Demonstration Test 
Requirements
    C. Miscellaneous Changes and Updates
IV. When Would the EPA Finalize the Proposed Delisting Modification?
V. How Will This Action Affect States?
VI. Statutory and Executive Order Reviews

I. Overview Information

    The EPA is proposing technical amendments to an existing exclusion 
from the list of federally-listed wastes set forth in 40 Code of 
Federal Regulations (CFR) 261.33 previously issued to the United States 
Department of Energy (Energy) for the Hanford Federal Facility, or 
Hanford Site in Richland, Washington. See 40 CFR part 261, appendix IX, 
Table 2. This existing exclusion applies to treated effluent generated 
by Hanford's 200 Area Effluent Treatment Facility (ETF). As described 
below, these amendments relate to the planned startup of the Hanford 
Waste Treatment and Immobilization Plant.
    Based on our review described in Section III of this document, we 
propose to approve the requested amendments.

II. Background

A. Hanford's 200 Area Effluent Treatment Facility

    The 200 Area ETF is a radioactive aqueous wastewater treatment 
system located in the 200 East Area of the Hanford Site that provides 
treatment for a variety of aqueous mixed waste. This aqueous waste 
includes process condensate from the 242-A Evaporator, Hanford landfill 
leachates, and other aqueous waste generated from onsite remediation 
and waste management activities, potentially carrying a range of listed 
and characteristic dangerous waste numbers.\1\ The 200 Area ETF 
consists of a primary and a secondary treatment train. The primary 
train includes treatment processes to treat both organic and inorganic 
waste constituents, including ultraviolet oxidation (UV/OX), reverse 
osmosis, ion exchange, pH adjustment and filtration. The secondary 
treatment train manages backwash from the primary treatment train 
filters, ion exchange regeneration, and the stream from the reverse 
osmosis system that is retained by the reverse osmosis membrane, also 
known as retentate. Construction of the 200 Area ETF began in 1992 with 
waste management operations beginning in November of 1995.
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    \1\ The Washington State Department of Ecology is authorized to 
implement their dangerous waste regulations at Washington 
Administrative Code (WAC) 173-303 in lieu of the federal hazardous 
waste system, except for certain requirements, such as the state 
counterparts to the federal delisting regulations at 40 CFR 260.20 
and 22. Under the dangerous waste program, dangerous wastes are a 
superset of federal hazardous wastes.
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    Treated effluent from the 200 Area ETF is discharged to the State 
Approved Land Disposal Site, or SALDS, located north of the 200 West 
Area of the Hanford Site. This disposal unit allows tritium remaining 
in the treated effluent to naturally decay in the subsurface--it is not 
authorized to accept dangerous waste. To this end, the EPA issued an 
exclusion from the list of hazardous wastes to Energy in 1995. See 60 
FR 6054, February 1, 1995. This exclusion was amended by the EPA in 
2005. See 70 FR 44496, August 3, 2005.

B. Hanford's Waste Treatment and Immobilization Plant

    The Waste Treatment and Immobilization Plant (WTP) is intended to 
process and stabilize much of the 56 million gallons of radioactive and 
chemical waste currently stored at the Hanford Site. As originally 
envisioned, the WTP would treat high-level and low-activity radioactive 
waste simultaneously. To begin treating waste as soon as practicable, 
Energy developed an approach to treat low-activity waste prior to the 
start-up of the WTP pre-treatment and the high-level waste facilities. 
This approach is called direct-feed low-activity waste, or DFLAW, and 
is focused on sending low-activity waste from the tank farms directly 
to the WTP Low-Activity Waste (LAW) Facility. A new Effluent Management 
Facility (EMF) has been constructed at the WTP to manage effluents 
generated from the WTP LAW Facility during DFLAW. The EMF is needed to 
evaporate the liquid secondary waste generated by the off-gas

[[Page 30239]]

treatment system associated with the two WTP LAW Facility vitrification 
melters. Evaporator process condensate from the EMF, combined with WTP 
LAW Facility caustic scrubber effluents, will receive treatment at the 
200 Area ETF, with the resulting treated effluent disposed of at the 
SALDS. The waste stream transferred from WTP to the 200 Area ETF is 
referred to as the WTP DFLAW effluent waste stream.

C. Changes to 200 Area Effluent Treatment Facility Capability

    Through the design and permitting of the WTP complex, Energy 
identified several additional constituents it expected to be present in 
WTP DFLAW effluent waste stream which are not typically found in wastes 
managed by the 200 Area ETF, or are present at levels above the current 
capabilities of the 200 Area ETF. Most of these additional constituents 
are within the existing treatment capabilities of the 200 Area ETF, and 
do not require special consideration. One constituent, acetonitrile, 
which is formed in the WTP LAW Facility vitrification melters, is 
predicted to be present at levels in excess of the current capability 
of the 200 Area ETF, as reflected in the current organic treatability 
envelope documented in Table C-2 of the delisting petition dated 
November 29, 2001. Within the 200 Area ETF, the UV/OX system treats 
organic compounds, including but not limited to acetonitrile. However, 
acetonitrile is not easily degraded through UV/OX. Table C-2 in the 
November 29, 2001 petition shows an electrical energy per order (EE/O) 
of magnitude destruction of 50. EE/O reflects the relative difficulty 
for destruction of the organic constituent in the UV/OX unit. 
Constituents in Table C-2 with an EE/O of 40 or higher are considered 
hard to treat organics. After examining various options for addressing 
this issue, Energy determined that the addition of supplemental organic 
treatment in the form of a steam stripper to the 200-ETF to separate 
acetonitrile from treated effluents would be the preferred approach to 
ensuring additional constituents associated with the WTP DFLAW effluent 
waste stream can be effectively managed at the 200 Area ETF.
    To accommodate the addition of the proposed steam stripper unit to 
the 200 Area ETF, two technical amendments are necessary to the current 
delisting. First, the list of unit operations in Condition (1)(d)(iv) 
of the current delisting must be amended to include steam stripping. 
Second, a new condition is necessary to establish a mechanism whereby 
Energy can operate the 200 Area ETF outside of the existing 
treatability envelope to gather demonstration test data to increase the 
treatability envelope concentration for acetonitrile to accommodate the 
predicted level in the WTP DFLAW effluent waste stream.

III. The EPA's Evaluation of the Proposed Technical Amendments

A. Addition of Steam Stripping as a New Unit Operation

    In support of its request to modify the existing 200 Area ETF 
delisting, Energy has provided the EPA with an engineering report 
documenting the design and expected level of performance of the 
proposed steam stripper (docket entries EPA-R10-RCRA-2021-0142-DRAFT-
0003 and EPA-R10-RCRA-2021-0142-DRAFT-0005). These reports include both 
a detailed process flow diagram for, and results of process simulation 
of the proposed steam stripper. This information provides assurance 
that, if the steam stripper is added to the 200 Area ETF primary 
treatment train, the overall treatment system can effectively treat the 
expected WTP DFLAW effluent waste stream and allow for successful 
verification of all existing delisting criteria, including but not 
limited to acetonitrile. Energy must also receive authorization to 
construct and operate the proposed supplemental organic treatment 
system from the Washington State Department of Ecology through their 
authorized dangerous waste permitting program, as well as other 
applicable state permits.

B. Changes to Treatability Envelope Demonstration Test Requirements

    The existing 200 Area ETF delisting rule includes a mechanism, 
documented in Condition (1)(b), that allows Energy to modify the 200 
Area ETF treatability envelope specified in Tables C-1 and C-2 of the 
November 29, 2001 delisting petition to reflect changes in treatment 
technology or operating practices upon written approval of the Regional 
Administrator. As stated in the rule, ``Data supporting modified 
envelopes must be based on at least four influent waste stream 
characterization data points and corresponding treated effluent 
verification sample data points for wastes managed under a particular 
waste processing strategy.'' This mechanism will be used to expand the 
existing treatability envelope for acetonitrile but will require 
operation of the 200 Area ETF outside the existing approved 
treatability envelope, which is otherwise not provided for in the 
delisting rule. To address this issue, the EPA is proposing to include 
a new condition (1)(c) that establishes a mechanism that will allow 
operation outside of the approved treatability envelope for purposes of 
gathering demonstration test data to amend the treatability envelope at 
a later time.
    The purpose of this new mechanism is to allow the EPA an 
opportunity to perform a forward-looking technical evaluation of how 
the 200 Area ETF will be operated during the demonstration test in 
order to support a finding that, to a reasonable degree of certainty, 
delisting exclusion limits can be satisfied during the demonstration 
test. This mechanism requires Energy to provide the EPA with an 
engineering report and a demonstration test plan. The engineering 
report must document that the 200 Area ETF can be reasonably expected 
to produce treated effluent during the period of interim approval which 
satisfies the delisting levels in Condition (5).\2\ The engineering 
report shall include, but is not limited to, engineering calculations, 
process modelling results, or performance data provided by equipment 
manufacturers. The demonstration test plan will complement the 
engineering report by documenting the composition of the waste feed to 
be used during the demonstration test, how the demonstration test will 
be conducted, how demonstration test sampling and analysis will be 
conducted, and a schedule for conducting the demonstration test.
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    \2\ In practice, the engineering report expected to be submitted 
in connection with a proposed demonstration treatment plan is likely 
to be similar, if not identical to the engineering report included 
in the docket supporting this proposed modification of the existing 
200 Area ETF delisting.
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    The EPA will review these submittals to determine whether the 
demonstration test will yield data suitable for establishing an 
expanded treatability envelope for the target constituents, and that 
delisting exclusion limits will be satisfied during the demonstration 
test. Provided that this review demonstrates that these criteria can be 
met to a reasonable degree of certainty, the EPA will provide written 
interim approval to Energy to proceed with the demonstration test 
according to the approved demonstration test plan. The effect of 
interim approval shall be limited to relief from the requirement of 
operating within the treatability envelope specified in Tables C-1 and 
C-2 of the November 29, 2001 delisting petition, as amended, during the 
period of demonstration testing. Once demonstration test data are 
available, Energy will then submit a completion

[[Page 30240]]

report. The EPA's written approval of the completion report shall be 
considered approval of the modified treatability envelope pursuant to 
Condition (1)(b).

C. Miscellaneous Changes and Updates

    The EPA is also proposing to make several minor changes to address 
typographical errors, amend section numbering to reflect addition of a 
new condition, and to amend selected references to treatability 
envelopes in Tables C-1 and C-2 that may be updated to accommodate WTP 
DFLAW effluent waste stream to include the phrase ``as amended.'' The 
EPA is also correcting certain references to Tables C-1 and C-2 to 
properly characterize their function as defining inorganic and organic 
treatability envelope data.

IV. When would the EPA finalize the proposed delisting modification?

    40 CFR 260.20(c) requires the EPA to provide notice and an 
opportunity for comment before granting or denying a final exclusion. 
Thus, the EPA will not make a final decision or grant an exclusion 
until it has addressed all timely public comments on today's proposal, 
including any at public hearings.
    Since this proposed rule is limited to technical amendments that 
apply to future activities, and is limited to a specific process and 
waste stream at the Hanford Site, the regulated community does not need 
a six-month period to come into compliance in accordance with section 
3010(b) of RCRA, as amended by the Federal Hazardous and Solid Waste 
Amendments of 1984.

V. How will this Action affect states?

    Because the EPA is proposing to issue this exclusion under the 
federal RCRA delisting regulations, only states subject to federal RCRA 
delisting provisions will be affected. This exclusion may not be 
effective in states which have received authorization from the EPA to 
make their own delisting decisions.
    The EPA allows states to impose their own non-RCRA regulatory 
requirements that are more stringent than the EPA's, under section 3009 
of RCRA. These more stringent requirements may include a provision that 
prohibits a federally issued exclusion from taking effect in the state. 
We urge petitioners to contact their state regulatory authorities to 
establish the status of their wastes under their respective state laws.
    The EPA has also authorized some states to administer a delisting 
program in place of the federal program, that is, to make state 
delisting decisions. Therefore, this exclusion does not apply in those 
authorized states. If the Petitioner manages the waste in any state 
with delisting authorization, the Petitioner must obtain delisting 
authorization or other determination from the receiving state before it 
can manage the waste as nonhazardous in that state.
    While Washington State has received final authorization to 
implement most of its dangerous waste program regulations in lieu of 
the federal program, including the listing and identification of listed 
waste codes associated with the petitioned wastes, it has not been 
authorized to implement its delisting regulations program in lieu of 
the federal program. The EPA notes that Washington State has provisions 
in the Washington Administrative Code (WAC) 173-303-910(3) similar to 
the federal provisions upon which this delisting is based. These 
provisions are in effect as a matter of state law. Thus, the Petitioner 
must seek approval from Washington State at the state level in addition 
to this proposed delisting.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is exempt from review by the Office of 
Management and Budget because it is a proposed rule of particular 
applicability, not general applicability. The proposed action addresses 
modifications to an existing delisting petition under RCRA for the 
petitioned waste at a particular facility.

B. Paperwork Reduction Act

    This proposed action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.) because it only applies to a particular facility.

C. Regulatory Flexibility Act

    Because this proposed rule is of particular applicability relating 
to a particular facility, it is not subject to the regulatory 
flexibility provision of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.).

D. Unfunded Mandates Reform Act

    This proposed action does not contain any unfunded mandate as 
described in the Unfunded Mandates Reform Act (2 U.S.C. 1531-1538) and 
does not significantly or uniquely affect small governments. The action 
imposes no new enforceable duty on any state, local, or tribal 
governments or the private sector.

E. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. It will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This proposed action does not have tribal implications as specified 
in Executive Order 13175. This proposed action applies only to a 
particular facility on non-tribal land. Thus, Executive Order 13175 
does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This proposed action is not subject to Executive Order 13045 
because it is not economically significant as defined in Executive 
Order 12866, and because the EPA does not believe the environmental 
health or safety risks addressed by this action present a 
disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This proposed action is not subject to Executive Order 13211, 
because it is not a significant regulatory action under Executive Order 
12866.

I. National Technology Transfer and Advancement Act

    This proposed action does not involve technical standards as 
described by the National Technology Transfer and Advancement Act of 
1995 (15 U.S.C. 272 note).

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA has determined that this proposed action does not have 
disproportionately high and adverse human health or environmental 
effects on minority populations, low-income populations, and/or 
indigenous peoples. The EPA has determined that this proposed action 
will not have

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disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment.

K. Congressional Review Act

    This proposed action is exempt from the Congressional Review Act (5 
U.S.C. 801 et seq.) because it is a rule of particular applicability.

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, and Reporting 
and recordkeeping requirements.

Timothy Hamlin,
Director, Land, Chemicals and Redevelopment Division.

    For the reasons set out in the preamble, the EPA proposes to amend 
40 CFR part 261 as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for part 261 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 
6938.

0
2. In Appendix IX to Part 261, amend Table 2, under the entry ``United 
States Department of Energy (Energy)'' by:
0
a. Revising Conditions (1)(a)(i) and (ii), and (1)(b);
0
b. Redesignating Conditions (1)(c) and (d) as Conditions (1)(d) and(e);
0
c. Adding a new Conditions (1)(c);
0
d. Revising the newly designated Conditions (1)(e)(iv); and
0
e. In Conditions (5) under the entry for ``Organic Constituents'' by:
0
i. Removing the entry ``Dichloroisopropyl ether'' and adding an entry 
``Dichloroisopropyl ether--6.0 x 10<SUP>-2</SUP>'' in its place; and
0
ii. Removing the entry ``[Bis(2-Chloroisopropyl) either]--6.0 x 
10<SUP>-2</SUP>; and
0
ii. Removing the entry ``Arochlor [total of Arochlors 1016, 1221, 1232, 
1242, 1248, 1254, 1260]--5.0 x 10<SUP>-4</SUP>'' and adding an entry 
``Aroclor [total of Aroclors 1016, 1221, 1232, 1242, 1248, 1254, 
1260]--5.0 x 10<SUP>-4</SUP> in its place.
    The revisions and additions read as follows:

Appendix IX to Part 261--Wastes Excluded Under Sec. Sec.  260.20 and 
260.22

* * * * *

             Table 2--Wastes Excluded From Specific Sources
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           Facility                  Address         Waste description
------------------------------------------------------------------------
 
                              * * * * * * *
United States Department of     Richland,          * * *
 Energy (Energy).                Washington.
                                .................  Conditions:
                                                   (1) * * *
                                                   (a) * * *
                                                   (i) Complete
                                                    sufficient
                                                    characterization of
                                                    the waste stream to
                                                    demonstrate that the
                                                    waste stream is
                                                    within the
                                                    treatability
                                                    envelope of 200 Area
                                                    ETF as specified in
                                                    Tables C-1 and C-2
                                                    of the delisting
                                                    petition dated
                                                    November 29, 2001,
                                                    as amended. Results
                                                    of the waste stream
                                                    characterization and
                                                    the treatability
                                                    evaluation must be
                                                    in writing and
                                                    placed in the
                                                    facility operating
                                                    record, along with a
                                                    copy of Tables C-1
                                                    and C-2 of the
                                                    November 29, 2001
                                                    petition, as
                                                    amended. Waste
                                                    stream
                                                    characterization may
                                                    be carried out in
                                                    whole or in part
                                                    using the waste
                                                    analysis procedures
                                                    in the Hanford
                                                    Facility RCRA
                                                    Permit, WA7 89000
                                                    8967;
                                                   (ii) Prepare a
                                                    written waste
                                                    processing strategy
                                                    specific to the
                                                    waste stream, based
                                                    on the ETF process
                                                    model documented in
                                                    the November 29,
                                                    2001 petition, the
                                                    March 31, 2021
                                                    modification
                                                    request, and Tables
                                                    C-1 and C-2 of the
                                                    November 29, 2001
                                                    petition, as
                                                    amended. For waste
                                                    processing
                                                    strategies
                                                    applicable to waste
                                                    streams for which
                                                    organic envelope
                                                    data is provided in
                                                    Table C-2 of the
                                                    November 29, 2001
                                                    petition, as
                                                    amended, Energy
                                                    shall use envelope
                                                    data specific to
                                                    that waste stream,
                                                    if available.
                                                    Otherwise, Energy
                                                    shall use the
                                                    minimum envelope in
                                                    Table C-2.
                                                   (b) Energy may modify
                                                    the 200 Area ETF
                                                    treatability
                                                    envelope specified
                                                    in Tables C-1 and C-
                                                    2 of the November
                                                    29, 2001 delisting
                                                    petition, as
                                                    amended, to reflect
                                                    changes in treatment
                                                    technology or
                                                    operating practices
                                                    upon written
                                                    approval of the
                                                    Regional
                                                    Administrator.
                                                    Requests for
                                                    modification shall
                                                    be accompanied by an
                                                    engineering report
                                                    detailing the basis
                                                    for a modified
                                                    treatment envelope.
                                                    Data supporting
                                                    modified envelopes
                                                    must be based on at
                                                    least four influent
                                                    waste stream
                                                    characterization
                                                    data points and
                                                    corresponding
                                                    treated effluent
                                                    verification sample
                                                    data points for
                                                    wastes managed under
                                                    a particular waste
                                                    processing strategy.
                                                    Treatment
                                                    efficiencies must be
                                                    calculated based on
                                                    a comparison of
                                                    upper 95 percent
                                                    confidence level
                                                    constituent
                                                    concentrations. Upon
                                                    written EPA approval
                                                    of the engineering
                                                    report, the
                                                    associated inorganic
                                                    and organic
                                                    treatment efficiency
                                                    data may be used in
                                                    lieu of those in
                                                    Tables C-1 and C-2
                                                    for purposes of
                                                    condition (1)(a)(i).

[[Page 30242]]

 
                                                   (c) Where operation
                                                    of the 200 Area ETF
                                                    for purposes of
                                                    gathering data
                                                    supporting a
                                                    modified
                                                    treatability
                                                    envelope pursuant to
                                                    Condition (1)(b)
                                                    requires operation
                                                    outside of an
                                                    existing
                                                    treatability
                                                    envelope or where a
                                                    new treatability
                                                    envelope is to be
                                                    proposed, Energy may
                                                    request interim
                                                    approval to conduct
                                                    such demonstration
                                                    testing for purposes
                                                    of developing a new
                                                    or modified
                                                    treatability
                                                    envelope. Such a
                                                    request must include
                                                    the following
                                                    documentation:
                                                   (i) An Engineering
                                                    Report documenting
                                                    the basis for a
                                                    modified
                                                    treatability
                                                    envelope. The
                                                    Engineering Report
                                                    shall, based on best
                                                    available
                                                    information,
                                                    document that
                                                    operation of the 200
                                                    Area ETF during the
                                                    period of interim
                                                    approval can be
                                                    reasonably expected
                                                    to produce treated
                                                    effluent satisfying
                                                    the delisting levels
                                                    in Condition (5).
                                                    The Engineering
                                                    Report shall
                                                    include, but is not
                                                    limited to,
                                                    engineering
                                                    calculations,
                                                    process modelling
                                                    results, or
                                                    performance data
                                                    provided by
                                                    equipment
                                                    manufacturers;
                                                   (ii) A demonstration
                                                    test plan
                                                    documenting the
                                                    following:
                                                   (A) The quantity and
                                                    characterization of
                                                    the waste stream to
                                                    be used in
                                                    conducting
                                                    demonstration
                                                    testing, and
                                                    information that
                                                    will be included in
                                                    the waste processing
                                                    strategy required by
                                                    Condition (1)(a)(ii)
                                                    for the
                                                    demonstration
                                                    testing. The test
                                                    plan shall document,
                                                    to a reasonable
                                                    degree of certainty,
                                                    that data gathered
                                                    from the
                                                    demonstration
                                                    testing will be
                                                    suitable for use in
                                                    modifying the
                                                    treatability
                                                    envelope pursuant to
                                                    Condition (1)(b).
                                                    The test plan may
                                                    include provisions
                                                    for ``spiking'' the
                                                    demonstration test
                                                    waste feed to ensure
                                                    that a waste feed
                                                    meeting the
                                                    requirements of the
                                                    test plan is
                                                    available;
                                                   (B) A sampling and
                                                    analysis plan with
                                                    supporting
                                                    systematic planning
                                                    documentation (e.g.,
                                                    Data Quality
                                                    Objectives) and with
                                                    an associated
                                                    Quality Assurance
                                                    Project Plan, for
                                                    all sampling and
                                                    analysis specific to
                                                    the demonstration
                                                    testing. A minimum
                                                    of four independent
                                                    sample sets over the
                                                    course of the
                                                    demonstration test
                                                    are required from
                                                    both the influent to
                                                    the 200 Area ETF and
                                                    the effluent to the
                                                    verification tanks;
                                                   (C) A schedule for
                                                    conducting the
                                                    demonstration
                                                    testing. The
                                                    demonstration
                                                    testing schedule may
                                                    be based on
                                                    functional criteria
                                                    in addition to or in
                                                    lieu of fixed
                                                    calendar dates. The
                                                    testing schedule may
                                                    contain
                                                    contingencies for
                                                    revising the test
                                                    plan should
                                                    additional testing
                                                    be required to
                                                    obtain the required
                                                    performance data
                                                    points.
                                                   Energy may not
                                                    commence
                                                    demonstration
                                                    testing until
                                                    written interim
                                                    approval is obtained
                                                    from the Regional
                                                    Administrator. The
                                                    effect of interim
                                                    approval shall be
                                                    limited to relief
                                                    from the requirement
                                                    of operating within
                                                    the treatability
                                                    envelope specified
                                                    in Tables C-1 and C-
                                                    2 of the November
                                                    29, 2001 delisting
                                                    petition, as
                                                    amended, during the
                                                    period of
                                                    demonstration
                                                    testing. Interim
                                                    approval shall
                                                    remain in effect
                                                    only for the
                                                    duration of the
                                                    demonstration
                                                    testing as
                                                    documented in the
                                                    required testing
                                                    schedule. Within 60
                                                    days following
                                                    completion of
                                                    demonstration
                                                    testing, or such
                                                    other time as may be
                                                    approved in writing
                                                    by the EPA, Energy
                                                    shall submit a
                                                    written completion
                                                    report documenting
                                                    analysis of data
                                                    gathered during the
                                                    demonstration test.
                                                    Energy may request
                                                    an extension of
                                                    interim approval for
                                                    the period of time
                                                    between completion
                                                    of the demonstration
                                                    testing and final
                                                    approval of the
                                                    modified
                                                    treatability
                                                    envelope. The EPA
                                                    may approve
                                                    amendments to the
                                                    demonstration test
                                                    plan, including the
                                                    associated schedule,
                                                    as necessary to
                                                    successfully
                                                    complete
                                                    demonstration
                                                    testing. The EPA's
                                                    written approval of
                                                    the completion
                                                    report shall be
                                                    considered approval
                                                    of the modified
                                                    treatability
                                                    envelope pursuant to
                                                    Condition (1)(b).
 
                              * * * * * * *
                                                   (e) * * *
                                                   (iv) Key unit
                                                    operations are
                                                    defined as
                                                    filtration, UV/OX,
                                                    reverse osmosis, ion
                                                    exchange, steam
                                                    stripping, and
                                                    secondary waste
                                                    treatment.
 
                              * * * * * * *
                                                   (5) * * *
                                                   Dichloroisopropyl
                                                    ether--6.0 x 10-2
 

[[Page 30243]]

 
                              * * * * * * *
                                                   Aroclor [total of
                                                    Aroclors 1016, 1221,
                                                    1232, 1242, 1248,
                                                    1254, 1260]--5.0 x
                                                    10-4
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2021-11341 Filed 6-4-21; 8:45 am]
BILLING CODE 6560-50-P


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