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Selenium Treatment Variance

Date: August 22, 2012
Citation: 77 FR 50622
Subject: Land Disposal Restrictions: Site-Specific Treatment Variance for Hazardous Selenium-Bearing Waste Treated by U.S. Ecology Nevada in Beatty NV - Final Rule
Abstract: EPA is granting a site-specific treatment variance, under the Land Disposal Restriction (LDR) program, to U.S. Ecology Nevada in Beatty, Nevada for the treatment of a hazardous selenium-bearing waste generated by the Owens-Brockway Glass Container Company in Vernon, California. The Agency has determined that the chemical properties of the waste generated by the Owens-Brockway Glass Container Corporation differs significantly from the waste used in developing the LDR treatment standard for selenium-bearing wastes, and as such, cannot be treated to the specified treatment level of 5.7 mg/L for selenium, as measured by the Toxicity Characteristic Leaching Procedure (TCLP). The site-specific treatment variance provides an alternative treatment standard of 59 mg/L TCLP for selenium, with the condition that the waste to reagent ratio not exceed 1:0.45. The treated waste will be disposed in U.S. Ecology Nevada's permitted hazardous waste landfill.

Date: April 6, 2011
Citation: 76 FR 18921
Subject: Land Disposal Restrictions: Nevada and California; Site Specific Treatment Variances for Hazardous Selenium Bearing Waste; Direct Final Rule
Abstract: EPA is taking direct final actions to both issue a site- specific treatment variance to U.S. Ecology Nevada (USEN) in Beatty, Nevada and to withdraw an existing site-specific treatment variance issued to Chemical Waste Management, Inc. (CWM) in Kettleman Hills, California. These actions pertain to the treatment of a hazardous waste generated by the Owens-Brockway Glass Container Company in Vernon, California that is unable to meet the concentration-based treatment standard for selenium established under the Land Disposal Restrictions program. The site-specific treatment variance issued to USEN provides an alternative treatment standard of 59 mg/L for selenium as measured by the Toxicity Characteristic Leaching Procedure. EPA has determined that the treatment performed by USEN provides the best demonstrated treatment available for this waste by reducing the potential amount of selenium released to the environment, while minimizing the total volume of hazardous waste land disposed.

Date: April 6, 2011
Citation: 76 FR 19003
Subject: Land Disposal Restrictions: Nevada and California; Site Specific Treatment Variances for Hazardous Selenium Bearing Waste; Proposed Rule
Abstract: EPA is proposing to issue both a site-specific treatment variance to U.S. Ecology Nevada (USEN) located in Beatty, Nevada and withdraw an existing site-specific treatment variance issued to Chemical Waste Management, Inc. (CWM) located in Kettleman Hills, California. This proposal pertains to the treatment of a hazardous waste generated by the Owens-Brockway Glass Container Company in Vernon, California that is unable to meet the concentration-based treatment standard for selenium established under the Land Disposal Restrictions program. The site-specific treatment variance proposed to be issued to USEN would provide an alternative treatment standard of 59 mg/L for selenium as measured by the Toxicity Characteristic Leaching Procedure. EPA has determined that the treatment performed by USEN provides the best demonstrated treatment available for this waste by reducing the amount of selenium potentially released to the environment, while minimizing the total volume of hazardous waste land disposed. EPA has also published a direct final rule granting a site- specific treatment variance to USEN, and withdrawing the site-specific treatment variance previously granted to CWM for this same waste without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule and the direct final rule will become effective as provided in that action.

Date: August 3, 2005
Citation: 70 FR 44505
Subject: Land Disposal Restrictions: Site-Specific Treatment Variances for Heritage Environmental Services LLC and Chemical Waste Management, Chemical Services, Inc.; Final Rule
Abstract: The EPA is granting two site-specific treatment standard variances from the Land
Disposal Restrictions (LDR) treatment standards to Chemical Waste Management, Chemical Services LLC (CWM), and to Heritage Environmental Services LLC (Heritage), to treat a selenium-bearing hazardous waste from the glass manufacturing industry. This final rule follows a proposed rule and a subsequent request for comment. These facilities intend to treat and dispose of selenium-bearing hazardous waste from Guardian Industries Corp. (Guardian) at their RCRA permitted facilities in Model City, New York and Indianapolis, Indiana, respectively. Based on treatment data on a new proprietary chemical stabilization technology provided by Heritage, EPA is issuing variances so that both facilities may treat the Guardian waste to an alternate treatment standard of 11 mg/L selenium, as measured by the TCLP.

Date: December 23, 2004
Citation: 69 FR 76863
Subject: Land Disposal Restrictions: Site-Specific Treatment Standard Variance for Selenium Waste for Chemical Waste Management, Chemical Services, LLC; Withdrawal of Direct Final Rule
Abstract: On November 19, 2004, the Environmental Protection Agency published a direct final rule to grant a site-specific treatment standard variance from the Land Disposal Restrictions (LDR) treatment standards to Chemical Waste Management, Chemical Services LLC (CWM) in Model City, New York. EPA also published an accompanying proposed rule to supplant this rule in the event EPA received any adverse comment on the direct final rule. This variance is for a selenium-bearing hazardous waste generated by Guardian Industries Corp. (Guardian), a glass manufacturing company. EPA has received a comment on this treatment variance that it deems adverse, and is withdrawing the direct final rule. Therefore, this site-specific treatment standard variance will not take effect on January 3, 2005 and CWM cannot treat the Guardian waste under a treatment standard variance.

Date: November 19, 2004
Citation: 69 FR 67647
Subject: Land Disposal Restrictions: Site-Specific Treatment Standard Variance for Selenium Waste for Chemical Waste Management, Chemical Services, LLC; Direct Final Rule
Abstract: The Environmental Protection Agency (EPA or Agency) is granting a site-specific treatment standard variance from the Land Disposal Restrictions (LDR) treatment standards for a selenium-bearing hazardous waste generated by the glass manufacturing industry to CWM Chemical Services LLC (CWM (Model City, NY)) to stabilize a selenium-bearing hazardous waste generated by Guardian Industries Corp. (Guardian) at their RCRA permitted facility in Model City, New York. EPA is granting this variance because the chemical properties of the waste differ significantly from those of the waste used to establish the current LDR treatment standard for selenium (5.7 mg/L, as measured by the Toxicity Characteristic Leaching Procedure (TCLP)), and the petition has adequately demonstrated that the waste cannot be treated to meet this treatment standard.

Date: November 19, 2004
Citation: 69 FR 67695
Subject: Land Disposal Restrictions: Site-Specific Treatment Standard Variance for Selenium Waste for Chemical Waste Management, Chemical Services, LLC; Proposed Rule
Abstract: The Environmental Protection Agency (EPA or Agency) is proposing to grant a site-specific treatment standard variance from the Land Disposal Restrictions (LDR) treatment standards for a selenium-bearing hazardous waste generated by the glass manufacturing industry to CWM Chemical Services LLC (CWM (Model City, NY) to stabilize a selenium-bearing hazardous waste generated by Guardian Industries Corp. (Guardian) at their RCRA permitted facility in Model City, New York. EPA proposes granting this variance because the chemical properties of the waste differ significantly from those of the waste used to establish the current LDR treatment standard for selenium (5.7 mg/L, as measured by the Toxicity Characteristic Leaching Procedure (TCLP)), and the petition has adequately demonstrated that the waste cannot be treated to meet this treatment standard.

Date: February 11, 2004
Citation: 69 FR 6567
Subject: Land Disposal Restrictions: Site-Specific Treatment Variances for Heritage Environmental Services LLC and Chemical Waste Management Inc.; Direct Final Rule
Abstract: This document announces that EPA is today granting three site-specific treatment variances from the Land Disposal Restrictions (LDR) treatment standards for selenium-bearing hazardous wastes generated by the glass manufacturing industry. EPA is granting these variances because the chemical properties of the wastes differ significantly from those from the waste used to establish the current LDR standard for selenium (5.7 mg/L, as measured by the Toxicity Characteristic Leaching Procedure (TCLP)), and the petitions have adequately demonstrated that the wastes cannot be treated to meet this treatment standard.

Date: February 11, 2004
Citation: 69 FR 6593
Subject: Land Disposal Restrictions: Site-Specific Treatment Variances for Heritage Environmental Services LLC and Chemical Waste Management Inc.; Proposed Rule
Abstract: This notice announces that EPA is today proposing to grant three site-specific treatment variances from the Land Disposal Restrictions (LDR) treatment standards for selenium-bearing hazardous wastes from the glass manufacturing industry. EPA is proposing to grant these variances because the chemical properties of the wastes differ significantly from those of the waste used to establish the current LDR standard for selenium (5.7 mg/L, as measured by the Toxicity Characteristic Leaching Procedure (TCLP), and the petitions have adequately demonstrated that the wastes cannot be treated to meet this treatment standard.

Date: May 28, 2002
Subject: Land Disposal Restrictions: Site-Specific Treatment Variance to Chemical Waste Management, Inc.; Direct Final Rule
Abstract: EPA is today taking direct final action by granting a site-specific treatment variance from the Land Disposal Restrictions (LDR) treatment standards for two selenium-bearing hazardous wastes. EPA first granted a variance for these two waste streams three years ago. We are now taking action to extend the variance because: the chemical properties of these two wastes continue to differ significantly from the waste used to establish the current LDR standard for selenium (5.7 mg/L, as measured by the TCLP); and Chemical Waste Management, Inc. has adequately demonstrated that the two wastes cannot be treated with current technologies to meet this treatment standard.

Date: May 28, 2002
Subject: Land Disposal Restrictions: Site-Specific Treatment Variance to Chemical Waste Management, Inc.; Proposedl Rule
Abstract: EPA is today proposing to grant a site-specific treatment variance from the Land Disposal Restrictions (LDR) treatment standards for two selenium-bearing hazardous wastes. EPA is proposing to grant this variance because: the chemical properties of these two wastes differ significantly from the waste used to establish the current LDR standard for selenium (5.7 mg/L, as measured by the TCLP); and Chemical Waste Management, Inc. has adequately demonstrated that the two wastes cannot be treated to meet this treatment standard.

Date: May 26, 1999
Subject: Land Disposal Restrictions: Notice of Intent To Grant a Site-Specific Treatment Variance to Chemical Waste Management, Inc.
Abstract: EPA is today granting a site-specific treatment variance from the Land Disposal Restrictions (LDR) treatment standards for two selenium- bearing hazardous wastes. EPA is granting this variance because the chemical properties of these two wastes differ significantly from the waste used to establish the current LDR standard for selenium (5.7 mg/L TCLP) and Chemical Waste Management, Inc. (CWM) has adequately demonstrated that the two wastes cannot be treated to meet this treatment standard.


Final Rule Support Materials

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Proposed Rule

Federal Notice - October 26, 1998

The EPA is proposing to grant a site-specific treatment variance from the Land Disposal Restriction (LDR) standards for two specific hazardous wastes to be stabilized by Chemical Waste Management, Inc. (CWM) at their Kettleman Hills facility in Kettleman City, California. These wastes have been classified as D010, as well as D004, D006, D007, and D008. CWM requests this variance because the wastes of concern cannot be treated to the treatment standard of 5.7 mg/L TCLP (63 FR 28556, May 26, l998) for nonwastewater forms of D010 waste. EPA is proposing an alternate treatment standard of 51 mg/L TCLP for the waste generated by Owens Brockway Glass Container Company, and 25 mg/LTCLP for the waste generated by Ball-Foster Glass Container Corporation. The Agency proposes to grant this variance for a period of three years.

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Proposed Rule Support Materials

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