Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Amendment
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 4, 2001 (Volume 66, Number 233)]
[Rules and Regulations]
[Page 62973-62979]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de01-21]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[SW-FRL-7112-4]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Amendment
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA, also the Agency or
we in this preamble) today is granting a petition to modify an
exclusion (or delisting) from the lists of hazardous waste previously
granted to Geological Reclamation Operations and Waste Systems, Inc.
(GROWS). This action responds to a petition for amendment submitted by
GROWS to increase the maximum annual volume of waste covered by its
current exclusion.
After careful analysis, we have concluded the petitioned waste does
not present an unacceptable risk when disposed of in a Subtitle D
(nonhazardous waste) landfill. This exclusion applies to wastewater
treatment sludge filter cake generated by GROWS at its facility in
Morrisville, Pennsylvania. Accordingly, this final amendment
conditionally excludes a specific yearly volume of the petitioned waste
from the requirements of the hazardous waste regulations under the
Resource Conservation and Recovery Act (RCRA) when the petitioned waste
is disposed of in a Subtitle D landfill which is permitted, licensed,
or registered by a State to manage municipal or industrial solid waste.
EFFECTIVE DATE: December 4, 2001.
ADDRESSES: The RCRA regulatory docket for this final amendment is
located at the offices of U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA, 19103-2029, and is available for you to view from
8:30 a.m. to 5:00 p.m., Monday through Friday, except on Federal
holidays. Please call David M. Friedman at (215) 814-3395 for
appointments. The public may copy material from the regulatory docket
at $0.15 per page.
FOR FURTHER INFORMATION CONTACT: For information concerning this
document, please contact David M. Friedman at the address above or at
(215) 814-3395.
SUPPLEMENTARY INFORMATION: The information in this section is organized
as follows:
I. Overview Information
A. What action is EPA finalizing?
B. Why is EPA approving this petition for amendment?
C. What are the limits of this exclusion?
D. How will GROWS manage the waste under this exclusion?
E. When is the final amendment effective?
F. How does this action affect States?
II. Background
A. What is a delisting petition?
B. What regulations allow hazardous waste generators to delist
waste?
C. What information must the generator supply?
III. EPA's Evaluation of the Waste Data
A. What waste is the subject of this amendment?
B. How much waste did GROWS propose to delist?
C. How did GROWS sample and analyze the waste in its petition?
IV. Public Comments on the Proposed Amendment
V. Administrative Assessments
I. Overview Information
A. What Action Is EPA Finalizing?
After evaluating GROWS' petition, we proposed to amend the current
GROWS' delisting to increase the maximum annual waste volume covered by
its exclusion from 1000 cubic yards to 2000 cubic yards. See 66 FR
38969, July 26, 2001. EPA is finalizing:
(1) The decision to grant GROWS' petition to increase the maximum
annual waste volume covered by its exclusion from 1000 cubic yards to
2000 cubic yards, subject to certain conditions; and
(2) The decision to use the Delisting Risk Assessment Software,
which includes the EPACMPT fate and transport model, to evaluate the
potential impact of the petitioned waste on human health and the
environment. We used this model to predict the concentration of
hazardous constituents released from the petitioned waste, once it is
disposed of in a Subtitle D landfill.
B. Why Is EPA Approving This Petition for Amendment?
GROWS petitioned EPA to exclude the increased volume of its
wastewater treatment sludge filter cake because it does not believe,
even at the increased volume, that the petitioned waste meets the
criteria for which it was listed.
GROWS also believes that the waste does not contain any other
constituents that would render it hazardous. Review of this petition
included consideration of the original listing criteria, as well as
factors (including additional constituents) other than those for which
the waste was listed, as required by the Hazardous and Solid Waste
Amendments (HSWA) of 1984. See, section 222 of HSWA, 42 U.S.C. 6921(f),
and 40 CFR 260.22(a)(1) and (2).
For reasons stated in both the proposed amendment and this
document, we believe that GROWS' wastewater treatment sludge filter
cake should continue to be excluded from hazardous waste control at the
increased volume. Therefore, we are granting the final amendment to
GROWS, located in Morrisville, Pennsylvania, for its wastewater
treatment sludge filter cake, generated at a maximum annual volume of
2000 cubic yards.
C. What Are the Limits of This Exclusion?
This amended exclusion applies to the waste described in the
petition only if the requirements described in Table 1 of Appendix IX
to part 261 of Title 40 of the Code of Federal Regulations are
satisfied. The maximum annual volume of the wastewater treatment sludge
filter cake is 2000 cubic yards.
D. How Will GROWS Manage the Waste Under This Exclusion?
The wastewater treatment sludge filter cake is currently being
disposed of in a Subtitle D landfill under the provisions of the
existing exclusion. This final amendment will allow GROWS to dispose of
the specified increased volume of waste in a similar manner.
E. When Is the Final Amendment Effective?
This rule is effective December 4, 2001. HSWA 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. That is the case here because this rule reduces, rather
than increases, the existing requirements for persons generating
hazardous wastes. For these same reasons, this rule can become
effective immediately (that is, upon publication in the Federal
Register) under the Administrative Procedure Act, pursuant to 5 U.S.C.
553(d).
F. How Does This Action Affect States?
Because EPA is issuing today's exclusion under the Federal RCRA
delisting program, only States subject to Federal RCRA delisting
provisions would be directly affected. This would exclude two
categories of States: States having a dual system that includes Federal
RCRA requirements and their own requirements, and States who have
received EPA's authorization to make their own delisting decisions. We
describe these two situations below.
We allow states to impose their own non-RCRA regulatory
requirements that are more stringent than EPA's, under Section 3009 of
RCRA. These more stringent requirements may include a
[[Page 62974]]
provision that prohibits a Federally issued exclusion from taking
effect in the State, or that prohibits a Federally issued exclusion
from taking effect in the State until the State approves the exclusion
through a separate State administrative action. Because a dual system
(that is, both Federal and State programs) may regulate a petitioner's
waste, we urge petitioners to contact the applicable State regulatory
authorities or agencies to establish the status of their waste under
that State's program.
We have also authorized some States (for example, Delaware and
Pennsylvania) to administer a delisting program in place of the Federal
program; that is, to make State delisting decisions. Therefore, this
exclusion does not necessarily apply within those authorized States. If
GROWS transports the petitioned waste to, or manages the waste in, any
State with delisting authorization, GROWS must obtain delisting
approval from that State before it can manage the waste as nonhazardous
in that State.
Today, we are finalizing GROWS' petition for amendment, even though
the GROWS' facility is located in a State which has recently been
granted authorization for the delisting program, and with the knowledge
that the amended exclusion is not automatically effective in a State
authorized by EPA to make delisting decisions. Nevertheless, we take
this action for the following reasons.
GROWS was granted its current Federal delisting exclusion on August
20, 1991 (56 FR 41286). For reasons described elsewhere in this
preamble, on June 12, 2000, GROWS petitioned EPA for an amendment to
this exclusion. This petition was received prior to November 27, 2000,
the effective date of Pennsylvania's delisting authorization. Upon
receiving the GROWS' petition, we began our evaluation of it in
consultation with the Pennsylvania Department of Environmental
Protection.
The evaluation of this petition was performed using a significant
improvement to the methodology previously used by EPA to evaluate risk,
as described in detail in the July 26, 2001 proposed amendment (66 FR
38969). The process of amendment also provides an opportunity to update
other conditions of the current exclusion.
In order for this amendment to be effective in an authorized State,
that State must adopt this amendment through its State administrative
process.
II. Background
A. What Is a Delisting Petition?
A delisting petition is a formal request from a generator to EPA or
another agency with jurisdiction to exclude from the lists of hazardous
waste regulated by RCRA, a waste that the generator believes should not
be considered hazardous.
B. What Regulations Allow Hazardous Waste Generators to Delist Waste?
Under 40 CFR 260.20 and 260.22, a generator may petition EPA to
remove its waste from hazardous waste control by excluding it from the
lists of hazardous wastes contained in 40 CFR 261.31, 261.32 and
261.33. Specifically, 40 CFR 260.20 allows any person to petition the
Administrator to modify or revoke any provision of parts 260 through
266, 268 and 273 of Title 40 of the Code of Federal Regulations. 40 CFR
260.22 provides generators the opportunity to petition the
Administrator to exclude a waste on a ``generator-specific'' basis from
the hazardous waste lists. A generator can petition EPA for an
amendment to an existing exclusion under these same provisions of the
Code of Federal Regulations.
C. What Information Must the Generator Supply?
A petitioner must provide sufficient information to allow EPA to
determine that the waste to be excluded does not meet any of the
criteria under which the waste was listed as a hazardous waste. In
addition, the Administrator must determine that the waste is not
hazardous for any other reason.
III. EPA's Evaluation of the Waste Data
A. What Waste Is the Subject of This Amendment?
GROWS operates a commercial landfill and wastewater treatment plant
in Morrisville, Pennsylvania. On November 13, 1986, GROWS petitioned
EPA under the provisions in 40 CFR 260.20 and 260.22 to exclude from
hazardous waste regulation a wastewater treatment sludge filter cake
derived from the treatment of landfill leachate. This leachate
originates, in part, from its closed landfill containing a mixture of
solid wastes and hazardous wastes. The wastewater treatment plant also
treats non-hazardous leachate from non-hazardous waste landfills.
A full description of these wastes and the Agency's evaluation of
the 1986 GROWS' petition are contained in the ``Proposed Rule and
Request for Comments'' published in the Federal Register on September
17, 1990 (55 FR 38090).
After evaluating public comment on the proposed rule, we published
a final decision in the Federal Register on August 20, 1991 (56 FR
41286), to exclude GROWS' wastewater treatment sludge filter cake
derived from the treatment of EPA Hazardous Waste No. F039 (multi-
source leachate) from the list of hazardous wastes found in 40 CFR
261.31.
EPA's final decision in 1991 was conditioned on the volume of waste
identified in the 1986 GROWS' petition. Specifically, the exclusion
granted by EPA is limited to a maximum annual volume of 1000 cubic
yards. Any additional waste volume in excess of this limit generated by
GROWS in a calendar year had to be managed as hazardous waste.
B. How Much Waste Did GROWS Propose To Delist?
As a result of an increase in wastewater treatment sludge filter
cake production associated with an increase in the efficiency of the
wastewater treatment operation, GROWS petitioned EPA on June 12, 2000,
for an amendment to its August 20, 1991 final exclusion. In its
petition, GROWS requested an increase in the maximum annual waste
volume that is covered by its exclusion from 1000 cubic yards to 2000
cubic yards.
C. How Did GROWS Sample and Analyze the Waste in Its Petition?
The exclusion which we granted to GROWS on August 20, 1991, is a
conditional exclusion. In order for its exclusion to remain effective,
GROWS must verify that its waste meets prescribed delisting levels.
To support its petition for amendment, GROWS submitted its
verification testing results from the past two years to EPA. This
submission consisted of the results of twenty-seven (27) analyses
conducted on samples collected for the time period from December 15,
1997, until December 10, 1999.
The verification testing program prescribed by EPA in the August
20, 1991 exclusion requires GROWS to analyze metal constituents using
the Toxicity Characteristic Leaching Procedure (TCLP), cyanide using a
distilled water leaching procedure, and organics using total
constituent analysis.
In addition to the two most recent years of verification testing
results mentioned above, we also requested that GROWS submit the
results of total constituent analyses for a minimum of four samples for
the inorganic
[[Page 62975]]
constituents. This was necessary because both total constituent
analysis data and leachate data are now used in assessing the potential
risk from disposal of a petitioned waste, and there is no reliable way
to estimate actual total constituent concentrations of the inorganic
constituents from leachate data.
Because the verification testing program specified by the current
exclusion for GROWS does not require TCLP testing for organic
constituents, we evaluated this request for an amendment by calculating
theoretical maximum leachate concentrations for the organic
constituents by applying the most conservative assumption. The
procedure for determining the theoretical maximum leachate
concentrations from total constituent analysis concentrations is
described in the proposed amendment. See 66 FR 38969, July 26, 2001.
IV. Public Comments on the Proposed Amendment
We received no public comments on the GROWS' proposed amendment.
V. Administrative Assessments
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a rule of general applicability and therefore is not a
``regulatory action'' subject to review by the Office of Management and
Budget. Because this action is a rule of particular applicability
relating to a particular facility, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.), or to sections 202, 203, and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because the rule will affect
only one facility, it will not significantly or uniquely affect small
governments, as specified in section 203 of UMRA, or communities of
Indian tribal governments, as specified in Executive Order 13175 (65 FR
67249, November 6, 2000). For the same reason, this rule 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
rule also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant.
This rule does not involve technical standards; thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) do not apply. This rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq. as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties (5 U.S.C. 804(3)). EPA is not
required to submit a rule report regarding today's action under section
801 because this is a rule of particular applicability.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).
Dated: November 26, 2001.
Donald S. Welsh,
Regional Administrator, Region III.
For the reasons set forth in the 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.
Appendix IX of Part 261--[Amended]
2. In Table 1 of Appendix IX of Part 261, the entry for
``Geological Reclamation Operations and Waste Systems, Inc.,
Morrisville, PA'' is revised to read as follows:
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 260.22
[[Page 62976]]
Table 1--Wastes Excluded From Non-Specific Sources
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Facility Address Waste description
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* * * * * *
*
Geological Reclamation Operations Morrisville, Pennsylvania......... Wastewater treatment sludge filter cake
and Waste Systems, Inc. from the treatment of EPA Hazardous
Waste No. F039, generated at a maximum
annual rate of 2000 cubic yards, after
December 4, 2001, and disposed of in a
Subtitle D landfill. The exclusion
covers the filter cake resulting from
the treatment of hazardous waste
leachate derived from only ``old''
GROWS and non-hazardous leachate
derived from only non-hazardous waste
sources. The exclusion does not address
the waste disposed of in the ``old''
GROWS' Landfill or the grit generated
during the removal of heavy solids from
the landfill leachate. To ensure that
hazardous constituents are not present
in the filter cake at levels of
regulatory concern, GROWS must
implement a testing program for the
petitioned waste. This testing program
must meet the conditions listed below
in order for the exclusion to be valid:
(1) Testing: Sample collection and
analyses, including quality control
(QC) procedures, must be performed
according to SW-846 methodologies.
(A) Sample Collection: Each batch of
waste generated over a four-week period
must be collected in containers with a
maximum capacity of 20-cubic yards. At
the end of the four-week period, each
container must be divided into four
quadrants and a single, full-depth core
sample shall be collected from each
quadrant. All of the full-depth core
samples then must be composited under
laboratory conditions to produce one
representative composite sample for the
four-week period.
(B) Sample Analysis: Each four-week
composite sample must be analyzed for
all of the constituents listed in
Condition (3). The analytical data,
including quality control information,
must be submitted to The Waste and
Chemicals Management Division, U.S. EPA
Region III, 1650 Arch Street,
Philadelphia, PA 19103, and the
Pennsylvania Department of
Environmental Protection, Bureau of
Land Recycling and Waste Management,
Rachel Carson State Office Building,
400 Market Street, 14th Floor,
Harrisburg, PA 17105. Data from the
annual verification testing must be
compiled and submitted to EPA and the
Pennsylvania Department of
Environmental Protection within sixty
(60) days from the end of the calendar
year. All data must be accompanied by a
signed copy of the statement set forth
in 40 CFR 260.22(i)(12) to certify to
the truth and accuracy of the data
submitted. Records of operating
conditions and analytical data must be
compiled, summarized, and maintained on-
site for a minimum of three years and
must be furnished upon request by any
employee or representative of EPA or
the Pennsylvania Department of
Environmental Protection, and made
available for inspection.
(2) Waste Holding: The dewatered filter
cake must be stored as hazardous until
the verification analyses are
completed. If the four-week composite
sample does not exceed any of the
delisting levels set forth in Condition
(3), the filter cake waste
corresponding to this sample may be
managed and disposed of in accordance
with all applicable solid waste
regulations. If the four-week composite
sample exceeds any of the delisting
levels set forth in Condition (3), the
filter cake waste generated during the
time period corresponding to the four-
week composite sample must be retreated
until it meets these levels (analyses
must be repeated) or managed and
disposed of in accordance with Subtitle
C of RCRA. Filter cake which is
generated but for which analyses are
not complete or valid must be managed
and disposed of in accordance with
Subtitle C of RCRA, until valid
analyses demonstrate that the waste
meets the delisting levels.
(3) Delisting Levels: If the
concentrations in the four-week
composite sample of the filter cake
waste for any of the hazardous
constituents listed below exceed their
respective maximum allowable
concentrations (mg/l or mg/kg) also
listed below, the four-week batch of
failing filter cake waste must either
be retreated until it meets these
levels or managed and disposed of in
accordance with Subtitle C of RCRA.
GROWS has the option of determining
whether the filter cake waste exceeds
the maximum allowable concentrations
for the organic constituents by either
performing the analysis on a TCLP
leachate of the waste or performing
total constituent analysis on the
waste, and then comparing the results
to the corresponding maximum allowable
concentration level.
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[[Page 62977]]
Maximum Allowable Leachate
(A) Inorganics Conc. (mg/l)
Constituent:
Arsenic................. 3.00e-01
Barium.................. 2.34e+01
Cadmium................. 1.80e-01
Chromium................ 5.00e+00
Lead.................... 5.00e+00
Mercury................. 7.70e-02
Nickel.................. 9.05e+00
Selenium................ 6.97e-01
Silver.................. 1.23e+00
Cyanide................. 4.33e+00
Cyanide extractions must
be conducted using
distilled water in
place of the leaching
media specified in the
TCLP procedure.
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Maximum allowable leachate Maximum allowable total conc.
(B) Organics conc. (mg/l) (mg/kg)
Constituent:
Acetone................. 2.28e+01 4.56e+02
Acetonitrile............ 3.92e+00 7.84e+01
Acetophenone............ 2.28e+01 4.56e+02
Acrolein................ 1.53e+03 3.06e+04
Acrylonitrile........... 7.80e-03 1.56e-01
Aldrin.................. 5.81e-06 1.16e-04
Aniline................. 7.39e-01 1.48e+01
Anthracene.............. 8.00e+00 1.60e+02
Benz(a)anthracene....... 1.93e-04 3.86e-03
Benzene................. 1.45e-01 2.90e+00
Benzo(a)pyrene.......... 1.18e-05 2.36e-04
Benzo(b)fluoranthene.... 1.07e-04 2.14e-03
Benzo(k)fluoranthene.... 1.49e-03 2.98e-02
Bis(2-chloroethyl)ether. 3.19e-02 6.38e-01
Bis(2- 8.96e-02 1.79e+00
ethylhexyl)phthalate.
Bromodichloromethane.... 6.80e-02 1.36e+00
Bromoform 5.33e-01 1.07e+01
(Tribromomethane).
Butyl-4,6-dinitrophenol, 2.28e-01 4.56e+00
2-sec-(Dinoseb).
Butylbenzylphthalate.... 9.29e+00 1.86e+02
Carbon disulfide........ 2.28e+01 4.56e+02
Carbon tetrachloride.... 4.50e-02 9.00e-01
Chlordane............... 5.11e-04 1.02e-02
Chloro-3-methylphenol 4- 2.97e+02 5.94e+03
Chloroaniline, p-....... 9.14e-01 1.83e+01
Chlorobenzene........... 6.08e+00 1.22e+02
Chlorobenzilate......... 4.85e-02 9.70e-01
Chlorodibromomethane.... 5.02e-02 1.00e+00
Chloroform.............. 7.79e-02 1.56e+00
Chlorophenol, 2-........ 1.14e+00 2.28e+01
Chrysene................ 2.04e-02 4.08e-01
Cresol.................. 1.14e+00 2.28e+01
DDD..................... 5.83e-04 1.17e-02
DDE..................... 1.37e-04 2.74e-03
DDT..................... 2.57e-04 5.14e-03
Dibenz(a,h)anthracene... 5.59e-06 1.12e-04
Dibromo-3-chloropropane, 3.51e-03 7.02e-02
1,2-.
Dichlorobenzene 1,3-.... 9.35e+00 1.87e+02
Dichlorobenzene, 1,2-... 1.25e+01 2.50e+02
Dichlorobenzene, 1,4-... 1.39e-01 2.78e+00
Dichlorobenzidine, 3,3'- 9.36e-03 1.87e-01
Dichlorodifluoromethane. 4.57e+01 9.14e+02
Dichloroethane, 1,1-.... 1.20e+00 2.40e+01
Dichloroethane, 1,2-.... 2.57e-03 5.14e-02
Dichloroethylene, 1,1-.. 7.02e-03 1.40e-01
Dichloroethylene, trans- 4.57e+00 9.14e+01
1,2-.
Dichlorophenol, 2,4-.... 6.85e-01 1.37e+01
Dichlorophenoxyacetic 2.28e+00 4.56e+01
acid, 2,4-(2,4-D).
Dichloropropane, 1,2-... 1.14e-01 2.28e+00
Dichloropropene, 1,3-... 2.34e-02 4.68e-01
Dieldrin................ 6.23e+01 1.25e+03
Diethyl phthalate....... 2.21e+02 4.42e+03
Dimethoate.............. 6.01e+01 1.20e+03
[[Page 62978]]
Dimethyl phthalate...... 1.20e+02 2.40e+03
Dimethylbenz(a)anthracen 1.55e-06 3.10e-05
e, 7,12-.
Dimethylphenol, 2,4-.... 4.57e+00 9.14e+01
Di-n-butyl phthalate.... 5.29e+00 1.06e+02
Dinitrobenzene, 1,3-.... 2.28e-02 4.56e-01
Dinitromethylphenol, 4,6- 2.16e-02 4.32e-01
,2-.
Dinitrophenol, 2,4-..... 4.57e-01 9.14e+00
Dinitrotoluene, 2,6-.... 6.54e-03 1.31e-01
Di-n-octyl phthalate.... 1.12e-02 2.24e-01
Dioxane, 1,4-........... 3.83e-01 7.66e+00
Diphenylamine........... 3.76e+00 7.52e+01
Disulfoton.............. 3.80e+02 7.60e+03
Endosulfan.............. 1.37e+00 2.74e+01
Endrin.................. 2.00e-02 4.00e-01
Ethylbenzene............ 1.66e+01 3.32e+02
Ethylene Dibromide...... 4.13e-03 8.26e-02
Fluoranthene............ 5.16e-01 1.03e+01
Fluorene................ 1.78e+00 3.56e+01
Heptachlor.............. 8.00e-03 1.60e-01
Heptachlor epoxide...... 8.00e-03 1.60e-01
Hexachloro-1,3-butadiene 9.61e-03 1.92e-01
Hexachlorobenzene....... 9.67e-05 1.93e-03
Hexachlorocyclohexane, 4.00e-01 8.00e+00
gamma-(Lindane).
Hexachlorocyclopentadien 1.66e+04 3.32e+05
e.
Hexachloroethane........ 1.76e-01 3.52e+00
Hexachlorophene......... 3.13e-04 6.26e-03
Indeno(1,2,3-cd) pyrene. 6.04e-05 1.21e-03
Isobutyl alcohol........ 6.85e+01 1.37e+03
Isophorone.............. 4.44e+00 8.88e+01
Methacrylonitrile....... 2.28e-02 4.56e-01
Methoxychlor............ 1.00e+01 2.00e+02
Methyl bromide 1.28e+02 2.56e+03
(Bromomethane).
Methyl chloride 1.80e-01 3.60e+00
(Chloromethane).
Methyl ethyl ketone..... 1.37e+02 2.74e+03
Methyl isobutyl ketone.. 1.83e+01 3.66e+02
Methyl methacrylate..... 1.03e+03 2.06e+04
Methyl parathion........ 1.27e+02 2.54e+03
Methylene chloride...... 2.88e-01 5.76e+00
Naphthalene............. 1.50e+00 3.00e+01
Nitrobenzene............ 1.14e-01 2.28e+00
Nitrosodiethylamine..... 2.81e-05 5.62e-04
Nitrosodimethylamine.... 8.26e-05 1.65e-03
Nitrosodi-n-butylamine.. 7.80e-04 1.56e-02
N-Nitrosodi-n- 6.02e-04 1.20e-02
propylamine.
N-Nitrosodiphenylamine.. 8.60e-01 1.72e+01
N-Nitrosopyrrolidine.... 2.01e-03 4.02e-02
Pentachlorobenzene...... 1.15e-02 2.30e-01
Pentachloronitrobenzene 5.00e-03 1.00e-01
(PCNB).
Pentachlorophenol....... 4.10e-03 8.20e-02
Phenanthrene............ 2.09e-01 4.18e+00
Phenol.................. 1.37e+02 2.74e+03
Polychlorinated 3.00e-05 6.00e-04
biphenyls.
Pronamide............... 1.71e+01 3.42e+02
Pyrene.................. 3.96e-01 7.92e+00
Pyridine................ 2.28e-01 4.56e+00
Styrene................. 6.08e+00 1.22e+02
Tetrachlorobenzene, 9.43e-03 1.89e-01
1,2,4,5-.
Tetrachloroethane, 4.39e-01 8.78e+00
1,1,2,2-.
Tetrachloroethylene..... 8.55e-02 1.71e+00
Tetrachlorophenol, 1.81e+00 3.62e+01
2,3,4,6-.
Tetraethyl 3.01e+05 6.02e+06
dithiopyrophosphate
(Sulfotep).
Toluene................. 4.57e+01 9.14e+02
Toxaphene............... 5.00e-01 1.00e+01
Trichlorobenzene, 1,2,4- 7.24e-01 1.45e+01
Trichloroethane, 1,1,1-. 7.60e+00 1.52e+02
Trichloroethane, 1,1,2-. 7.80e-02 1.56e+00
Trichloroethylene....... 3.04e-01 6.08e+00
Trichlorofluoromethane.. 6.85e+01 1.37e+03
Trichlorophenol, 2,4,5-. 9.16e+00 1.83e+02
Trichlorophenol, 2,4,6-. 2.76e-01 5.52e+00
Trichlorophenoxyacetic 2.28e+00 4.56e+01
acid, 2,4,5-(245-T).
Trichlorophenoxypropioni 1.00e+00 2.00e+01
c acid, 2,4,5-(Silvex).
[[Page 62979]]
Trichloropropane, 1,2,3- 7.69e-04 1.54e-02
Trinitrobenzene, sym-... 6.49e+00 1.30e+02
Vinyl chloride.......... 2.34e-03 4.68e-02
Xylenes (total)......... 3.20e+02 6.40e+03
-----------------------------------------------------------------------------------------
(4) Changes in Operating Conditions: If GROWS
significantly changes the treatment process or
the chemicals used in the treatment process,
GROWS may not manage the treatment sludge
filter cake generated from the new process
under this exclusion until it has met the
following conditions: (a) GROWS must
demonstrate that the waste meets the delisting
levels set forth in Paragraph 3; (b) it must
demonstrate that no new hazardous constituents
listed in Appendix VIII of Part 261 have been
introduced into the manufacturing or treatment
process: and (c) it must obtain prior written
approval from EPA and the Pennsylvania
Department of Environmental Protection to
manage the waste under this exclusion.
(5) Reopener:
(a) If GROWS discovers that a condition at the
facility or an assumption related to the
disposal of the excluded waste that was
modeled or predicted in the petition does not
occur as modeled or predicted, then GROWS must
report any information relevant to that
condition, in writing, to the Regional
Administrator or his delegate and to the
Pennsylvania Department of Environmental
Protection within 10 days of discovering that
condition.
(b) Upon receiving information described in
paragraph (a) of this section, regardless of
its source, the Regional Administrator or his
delegate and the Pennsylvania Department of
Environmental Protection will determine
whether the reported condition requires
further action. Further action may include
repealing the exclusion, modifying the
exclusion, or other appropriate response
necessary to protect human health and the
environment.
* * * * * *
*
[FR Doc. 01-29966 Filed 12-3-01; 8:45 am]
BILLING CODE 6560-50-P
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