Vol. 56 No. 114 Thursday, June 13, 1991  p 27332

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261, 264, and 265

[FRL-3963-6]

Hazardous Waste Management System: Identification and Listing of Hazardous Waste; Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; and Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

AGENCY: Environmental Protection Agency.

ACTION: Administrative stay.

SUMMARY: The Environmental Protection Agency is today announcing an administrative stay of the hazardous waste listings F032, F034, and F035 in process areas at wood preserving plants. The primary effect of the stay is to conditionally extend the effective date of the drip pad management standards to February 6, 1992, for the upgrade of existing drip pads and to May 6, 1992, for the installation of new drip pads. Certain management standards for drip pads, the inclusion of past users of chlorophenolic formulations in the listing description for certain F032 wastes, and the scope of wastewaters with respect to waters that do not come into contact with preservative are also being stayed.

DATES: Effective Date: June 5, 1991. For reporting deadlines, see section VI of this preamble.

ADDRESSES: The official record for this administrative stay is identified as Docket Number F-91-WPWS-FFFFF and is located in the EPA RCRA Docket, room M2427, 401 M Street SW., Washington, DC 20460. The public must make an appointment in order to review docket materials by calling (202) 475-9327. The docket is available for inspection from 9 a.m. to 4 p.m., Monday through Friday, excluding Federal holidays. The public may copy material from any regulatory docket at a cost of $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information contact the RCRA Hotline, toll free at (800) 424-9346, or at (202) 382-3000. For technical information concerning this notice, contact Edward L. Freedman, Office of Solid Waste (OS-333), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460, (202) 245-3657.

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

List of Subjects

40 CFR Part 261

	Hazards materials, Waste treatment and disposal, Recycling.

40 CFR Part 264

	Hazardous materials, Packaging and containers, Reporting requirements, Security measures, Surety bonds, Waste treatment and disposal.

40 CFR Part 265

	Air pollution control, Hazardous materials, Packaging and containers, Reporting requirements, Security measures, Surety bonds, Waste treatment and disposal, Water supply.

	For the reasons set out in the preamble, title 40, chapter I is amended as set forth below.

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. Section 261.31 is amended by revising the F032, F034, and F035 listings to read as follows:

§ 261.31  Hazardous wastes from non-specific sources.
	*	*	*	*	*

Industry and
EPA hazardous waste No.
Hazardous waste
Hazard code

	*	*	*	*	*	*	*

F0321
Wastewaters, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations (except potentially cross-contaminated wastes that have had the F032 waste code deleted in accordance with § 261.35 of this chapter and where the generator does not resume or initiate use of chlorophenolic formulations). This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol. (NOTE: The listing of wastewaters that have not come into contact with process contaminants is stayed administratively. The listing for plants have previously used chlorophenolic formulation is administratively stayed whenever these waste are covered by the F034 or F035 listings. These stays will remain in effect until further administrative action is taken.)
(T)

F0341
Wastewaters, process residuals, preservative drippage, and spent formulations from wood preserving process generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol. (Note: The listing of wastewaters that have not come into contact with process contaminants is stayed administratively. The stay will remain in effect until further administrative action is taken.)
(T)

F0351
Wastewaters, process residuals, preservative drippage, and spent formulations from wood preserving process generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol. (Note: The listing of wastewaters that have not come into contact with process contaminants is stayed administratively. The stay will remain in effect until further administrative action is taken.).
(T)

 1The F032, F034, and F305 listings are administratively stayed with respect to the process area receiving drippage of these wastes provided persons desiring to continue operating notify EPA by August 6, 1991 of their intent to upgrade or install drip pads, and by November 6, 1991 provide evidence to EPA that they have adequate financing to pay for drip pad upgrades or installation, as provided in the administrative stay. The stay of the listings will remain in effect until February 6, 1992 for existing drip pads and until May 6, 1992 for new drip pads.

PART 264-STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

	3. The authority citation for part 264 continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.

	4. Section 264.572 is amended by revising paragraph (a)(4) to read as follows:

§ 264.572   Design and operating requirements.

	(a) * * *

	(4) Be impermeable, e.g., concrete pads must be sealed, coated, or covered with an impermeable material such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system.

	Note: The requirement that new drip pads be impermeable, e.g., that new drip pads be sealed, coated, or covered with an impermeable material is administratively stayed. The stay will remain in effect until further administrative action is taken.
*     *     *     *     * 

PART 265-INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

	5. The authority citation for part 265 continues to read as follows:

	Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.

	6. Section 265.443 is amended by revising paragraph (a)(4) to read as follows:

§ 265.443   Design and operating requirements.

	(a) * * *

	(4) Be impermeable, e.g., concrete pads must be sealed, coated, or covered with an impermeable material such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system.

	Note: The requirement that new drip pads be impermeable, e.g., that new drip pads be sealed, coated, or covered with an impermeable material is administratively stayed. The stay will remain in effect until further administrative action is taken.
*     *     *     *     * 

[FR Doc. 91-13954 Filed 6-12-91; 8:45 am]
BILLING CODE 6560-50-M