Vol. 59 No. 144 Thursday, July 28, 1994  p 38536 (Rule) ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261 and 266

[EPA-530-Z-94-009; SWH-FRL-5022-4]

Identification and Listing of Hazardous Waste; Amendments to Definition of Solid Waste

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection Agency is today excluding from the RCRA regulatory definition of solid waste certain in-process recycled secondary materials utilized by the petroleum refining industry. Specifically, today's rule states that oil recovered from petroleum refinery wastewaters and from other sources, both on-site and off-site, is excluded from the regulatory definition of solid waste if it is subsequently inserted (along with normal process streams) into the petroleum refining process prior to crude distillation or catalytic cracking.

EFFECTIVE DATE: This final rule is effective on July 28, 1994.

ADDRESSES: The official record for this rulemaking is identified as Docket Number F-94-SWF-FFFFF and is located in the EPA RCRA docket, Room 2616, 401 M Street SW., Washington, DC 20460. The docket is open from 9:00 to 4:00, Monday through Friday, except for Federal holidays. The public must make an appointment to review docket materials by calling (202) 260-9327. The public may copy a maximum of 100 pages from any one regulatory docket at no cost. Additional copies cost $.15 per page.

FOR FURTHER INFORMATION CONTACT: General questions about the regulatory requirements under RCRA should be directed to the RCRA/Superfund Hotline, Office of Solid Waste, U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460; Telephone: toll-free at (800) 424-9346, or locally at (703) 412-9810. For the hearing impaired, the number is (800) 553-7672 (toll-free) or (703) 412-3323 (local). For information on specific aspects of today's notice, contact Ross Elliott, Office of Solid Waste (5304), U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460, (202) 260-8551.

>>>> Preamble has not been included in this file. <<<<

	For the reasons set out in the preamble, Chapter I of title 40 of the Code of Federal Regulations is amended as follows:

PART 261-IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
	1. The authority citation for part 261 continues to read as follows:

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

	2. In § 261.3, paragraph (c)(2)(ii)(B) is revised to read as follows:

§ 261.3   Definition of hazardous waste.

*	*	*	*	*

	(c) * * *

	(2) * * *

	(ii) * * *

	(B) Waste from burning any of the materials exempted from regulation by § 261.6(a)(3) (iv) through (vi).

*	*	*	*	*

	3. A new paragraph (a)(12) is added to § 261.4 to read as follows:

§ 261.4   Exclusions.

*	*	*	*	*

	(a) * * *

	(12) Recovered oil from petroleum refining, exploration and production, and from transportation incident thereto, which is to be inserted into the petroleum refining process (SIC Code 2911) along with normal process streams prior to crude distillation or catalytic cracking. This exclusion applies to recovered oil stored or transported prior to insertion, except that the oil must not be stored in a manner involving placement on the land, and must not be accumulated speculatively, before being so recycled. Recovered oil is oil that has been reclaimed from secondary materials (such as wastewater) generated from normal petroleum refining, exploration and production, and transportation practices. Recovered oil includes oil that is recovered from refinery wastewater collection and treatment systems, oil recovered from oil and gas drilling operations, and oil recovered from wastes removed from crude oil storage tanks. Recovered oil does not include (among other things) oil-bearing hazardous wastes listed in 40 CFR part 261 D (e.g., K048-K052, F037, F038). However, oil recovered from such wastes may be considered recovered oil. Recovered oil also does not include used oil as defined in 40 CFR 279.1.

	4. In § 261.6, paragraph (a)(3)(v) is removed, paragraph (a)(3)(vi) is redesignated as (a)(3)(v), and paragraph (a)(3)(vii) is redesignated as (a)(3)(vi). Section 261.6 is further amended by revising paragraphs (a)(3)(iv) and newly redesignated (a)(3)(vi) to read as follows:

§ 261.6   Requirements for recyclable materials.

*	*	*	*	*

	(a) * * *

	(3) * * *

	(iv) Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under § 261.4(a)(12);

*	*	*	*	*

	(vi) Petroleum coke produced from petroleum refinery hazardous wastes containing oil by the same person who generated the waste, unless the resulting coke product exceeds one or more of the characteristics of hazardous waste in part 261, subpart C.

*	*	*	*	*

PART 266-STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

	5. The authority cite for part 266 continues to read as follows:

	Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6934.

	6. Section 266.100(b)(3) is revised to read as follows:

§ 266.100   Applicability.

*	*	*	*	*

	(b) * * *

	(3) Hazardous wastes that are exempt from regulation under §§ 261.4 and 261.6(a)(3) (iv) through (vi) of this chapter, and hazardous wastes that are subject to the special requirements for conditionally exempt small quantity generators under § 261.5 of this chapter; and

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[FR Doc. 94-18452 Filed 7-27-94; 8:45 am]
BILLING CODE 6560-50-P