Vol. 56 No. 126 Monday, July 1, 1991  p 30192

Environmental Protection Agency

40 CFR parts 261, 262, 264, 265, and 270

[FRL-3968-8]

Identification and Listing of Hazrdous Waste; Wood Preserving; Corrections

AGENCY: Environmental Protection Agency.

ACTION: Technical correction.

SUMMARY: The Environmental Protection Agency (EPA) is correcting errors in the hazardous waste regulations that appeared in the Federal Register on December 6, 1990 (55 FR 50450). In that rule, EPA promulgated regulations under the Resource Conservation and Recovery Act (RCRA) to add three categories of wastes to the list of hazardous wastes from non-specific sources (40 CFR 261.31). These wastes, designated F032, F034, and F035, are generated from wood preserving processes that use or have previously used chlorophenolic formulations, facilities that use creosote formulations, and facilities that use inorganic preservatives containing arsenic or chromium, respectively. EPA also promulgated standards for permitting an interim status for drip pads used to assist in the collection of treated wood drippage. This notice corrects errors and clarifies language in the preamble and regulations of the December 6, 1990 final rule.

EFFECTIVE DATE: July 1, 1991.

FOR FURTHER INFORMATION CONTACT: For general information, contact the RCRA/Superfund Hotline at (800) 424-9346 (toll-free) or (703) 920-9810 in the Washington, DC metropolitan area. For technical information, contact Mr. Edward L. Freedman, Office of Solid Waste, U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460, (202) 382-4770.

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

	The following corrections are made in the preamble to FRL-3856-7, Identification and Listing of Hazardous Waste; Wood Preserving; Final Rule, published in the Federal Register on December 6, 1990 (55 FR 50450).

	1. On page 50450, in the DATES SECTION, change "§ 270.22 (a), (b), and (c)" to "§ 270.26 (a), (b), and (c)."

	2. On page 50455, in the first column, change "§ 265.34" to "§ 262.34."

	3. On page 50455, in the third column, second full paragraph, change the sentence "Drip pads must have run-on and run-off control to prevent contamination or surface water * * *" to read "Drip pads must have run-on and run-off control to prevent contamination of surface water * * *"

	4. On page 50460, third column, third full paragraph, change "§ 261.4(c)(2)(i)" to "§ 261.4(a)(9)."

	The following corrections are made to the rules in FRL-3856-7, Identification and Listing of Hazardous Waste; Wood Preserving; final rule, published in the Federal Register on December 6, 1990 (55 FR 50450).

PART 261-IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

	5. The authority citation for part 261 continues to read as follows:
	Authority: 42 U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, 6935, 6937, 6938, and 6939.

	6. Section 261.4, paragraph (a)(9) is revised to read as follows:

§ 261.4   Exclusions.

	(a) * * *

	(9)(i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and

	(ii) wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.
*	*	*	*	*

	7. Section 261.35 is amended by revising paragraph (b) to read as follows:

§ 261.35   Deletion of certain hazardous waste codes following equipment cleaning and replacement.
*	*	*	*	*

	(b) Generators must either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere.

	(1) Generators shall do one of the following:

	(i) Prepare and follow an equipment cleaning plan and clean equipment in accordance with this section;

	(ii) Prepare and follow an equipment replacement plan and replace equipment in accordance with this section; or

	(iii) Document cleaning and replacement in accordance with this section, carried out after termination of use of chlorophenolic preservations.

	(2) Cleaning Requirements.

	(i) Prepare and sign a written equipment cleaning plan that describes:

	(A) The equipment to be cleaned;

	(B) How the equipment will be cleaned;

	(C) The solvent to be used in cleaning;

	(D) How solvent rinses will be tested; and

	(E) How cleaning residues will be disposed.

	(ii) Equipment must be cleaned as follows:

	(A) Remove all visible residues from process equipment;

	(B) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.

	(iii) Analytical requirements.

	(A) Rinses must be tested in accordance with SW-846, Method 8290.

	(B) "Not detected" means at or below the lower method calibration limit (MCL) in Method 8290, Table 1.

	(iv) The generator must manage all residues from the cleaning process as F032 waste.

	(3) Replacement requirements.

	(i) Prepare and sign a written equipment replacement plan that describes:

	(A) The equipment to be replaced;

	(B) How the equipment will be replaced; and

	(C) How the equipment will be disposed.

	(ii) The generator must manage the discarded equipment as F032 waste.

	(4) Documentation requirements.

	(i) Document that previous equipment cleaning and/or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives.
*	*	*	*	*
 
PART 262-STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

	8. The authority citation for part 262 continues to read as follows:

	Authority: 42 U.S.C. 6906, 6912, 6922, 6923, 6924, 6925, and 6937.

	9. Section 262.34 is amended by redesignating paragraphs (a)(3) through (a)(5) as (a)(2) through (a)(4) and revising paragraph (a)(1) to read as follows:

§ 262.34   Accumulation time.

	(a) Except as provided in paragraphs (d), (e), and (f) of this section, a generator may accumulate hazardous waste on-site for 90 days or less without a permit or without having interim status, provided that:

	(1) The waste is placed:

	(i) In containers and the generator complies with subpart I of 40 CFR part 265; and/or

	(ii) In tanks and the generator complies with subpart J of 40 CFR part 265, except § 265.197(c) and § 265.200; and/or

	(iii) On drip pads and the generator complies with subpart W of 40 CFR part 265 and maintains the following records at the facility;

	(A) A description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and

	(B) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

In addition, such a generator is exempt from all requirements in subparts G and H of 40 CFR part 265, except for § 265.111 and § 265.114.
	(2) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;

	(3) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste"; and

	(4) The generator complies with the requirements for owners or operators in Subparts C and D in 40 CFR Part 265, with § 265.16, and with 40 CFR 268.7(a)(4).
*	*	*	*	*

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

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

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

	11. Part 264 is amended by revising subpart W to read as follows:

Subpart W-Drip Pads

Sec. 264.570 Applicability.

264.571 Assessment of existing drip pad integrity.

264.572 Design and installation of new drip pads.

264.573 Design and operating requirements.

264.574 Inspections.

264.575 Closure.

Subpart W-Drip Pads

264.570   Applicability.

	(a) The requirements of this subpart apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-on to an associated collection system. Existing drip pads are those constructed before December 6, 1990 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads.

	(b) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under § 264.573(e) or § 264.573(f), as appropriate.

§ 264.571   Assessment of existing drip pad integrity.

	(a) For each existing drip pad as defined in § 264.570 of this subpart, the owner or operator must evaluate the drip pad and determine that it meets all of the requirements of this subpart, except the requirements for liners and leak detection systems of § 264.573(b). No later than the effective date of this rule, the owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer that attests to the results of the evaluation. The assessment must be reviewed, updated and re-certified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of § 264.573 of this subpart are complete. The evaluation must document the extent to which the drip pad meets each of the design and operating standards of § 264.573 of this subpart, except the standards for liners and leak detection systems, specified in § 264.573(b) of this subpart, and must document the age of the drip pad to the extent possible, to document compliance with paragraph (b) of this section.

	(b) The owner or operator must develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of § 264.573(b) of this subpart, and submit the plan to the Regional Administrator no later than 2 years before the date that all repairs, upgrades, and modifications will be complete. This written plan must describe all changes to be made to the drip pad insufficient detail to document compliance with all the requirements of § 263.573 of this subpart and must document the age of the drip pad to the extent possible. The plan must be reviewed and certified by an independent qualified registered professional engineer. All upgrades, repairs, and modifications must be completed in accordance with the following:

	(1) For existing drip pads of known and documentable age, all upgrades, repairs, and modifications must be completed within two years of the effective date of this rule, or when the drip has reached 15 years of age, whichever comes later.

	(2) For existing drip pads for which the age cannot be documented, within 8 years of the effective date of this rule, but if the age of the facility is greater than 7 years, all upgrades, repairs and modifications must be completed by the time the facility reaches 15 years of age or by two years after the effective date of this rule, whichever comes later.

	(3) If the owner or operator believes that the drip pad will continue to meet all of the requirements of § 264.573 of this subpart after the date upon which all upgrades, repairs and modifications must be completed as established under paragraphs (b)(1) and (2) of this section, the owner or operator may petition the Regional Administrator for an extension of the deadline specified in paragraph (b)(1) or (2) of this section. The Regional Administrator will grant the petition for extension based on a finding that the drip pad meets all of the requirements of § 264.573, except for those for liners and lead detection systems specified in § 264.573(b), and that it will continue to be protective of human health and the environment.

	(c) Upon completion of all upgrades, repairs, and modifications, the owner or operator must submit to the Regional Administrator or State Director, the as-built drawings for the drip pad together with a certification by an independent qualified registered professional engineer attesting that the drip pad conforms to the drawings.

	(d) If the drip pad is found to be leaking or unfit for use, the owner or operator must comply with the provisions of § 264.573 (m) of this subpart or close the drip pad in accordance with § 264.575 of this subpart.

§ 264.572   Design and installation of new drip pads.

	Owners and operators of drip pads must ensure that the pads are designed, installed, and operated in accordance with all of the applicable requirements of §§ 264.573, 264.574 and 264.575 of this subpart.

§ 264.573   Design and operating requirements.

	(a) Drip pads must: (1) Be constructed of non-earthern materials, excluding wood and non-structurally supported asphalt:

	(2) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system;

	(3) Have a curb or berm around the perimeter;

	(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; and

	(5) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of daily perations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.

	Note: EPA will generally consider applicable standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) or the American Society of Testing and Materials (ASTM) in judging the structural integrity requirement of this paragraph.

	(b) A new drip pad or an existing drip pad, after the deadline established in § 264.571(b) of this subpart, must have:

	(1) A synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner must be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or groundwater or surface water during the active life of the facility. The liner must be:

	(i) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);

	(ii) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and

	(iii) Installed to cover all surrounding earth that could come in contact with the waste or leakage; and

	(2) A leakage detection system immediately above the liner that is designed, constructed, maintained and operated to detect leakage from the drip pad. The leakage detection system must be:

	(i) Constructed of materials that are:

	(A) Chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and

	(B) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad;

	(ii) Designed and operated to function without clogging through the scheduled closure of the drip pad; and

	(iii) Designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.

	(c) Drip pads must be maintained such that they remain free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad.

	Note: See § 264.573(m) for remedial action required if deterioration or leakage is detected.

	(d) The drip pad and associated collection system must be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off.

	(e) Unless protected by a structure, as described in § 264.570(b) of this subpart, the owner or operator must design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm, unless the system has sufficient excess capacity to contain any run-off that might enter the system.

	(f) Unless protected by a structure or cover as described in § 264.570(b) of this subpart, the owner or operator must design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

	(g) The drip pad must be evaluated to determine that it meets the requirements of paragraphs (a) through (f) of this section and the owner or operator must obtain a statement from an independent, qualified registered professional engineer certifying that the drip pad design meets the requirements of this section.

	(h) Drippage and accumulated precipitation must be removed from the associated collection system as necessary to prevent overflow onto the drip pad.

	(i) The drip pad surface must be cleaned thoroughly at least once every seven days such that accumulated residues of hazardous waste or other materials are removed, using an appropriate and effective cleaning technique, including but not limited to, rinsing, washing with detergents or other appropriate solvents, or steam cleaning. The owner or operator must document the date and time of each cleaning and the cleaning procedure used in the facility's operating log.

	(j) Drip pads must be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.

	(k) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes must be held on the drip pad until drippage has ceased. The owner or operator must maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.

	(l) Collection and holding units associated with run-on and run-off control systems must be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.

	(m) Throughout the active life of the drip pad and as specified in the permit, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition must be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:

	(1) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator must:

	(i) Enter a record of the discovery in the facility operating log;

	(ii) Immediately remove the portion of the drip pad affected by the condition from service;

	(iii) Determine what steps must be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs;

	(iv) Within 24 hours after discovery of the condition, notify the Regional Administrator of the condition and, within 10 working days, provide written notice to the Regional Administrator with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work.

	(2) The Regional Administrator will review the information submitted, make a determination regarding whether the pad must be removed from service completely or partially until repairs and clean up are complete and notify the owner or operator of the determination and the underlying rationale in writing.

	(3) Upon completing all repairs and clean up, the owner or operator must notify the Regional Administrator in writing and provide a certification signed by an independent, qualified registered professional engineer, that the repairs and clean up have been completed according to the written plan submitted in accordance with paragraph (m)(1)(iv) of this section.

	(n) Should a permit be necessary, the Regional Administrator will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.

	(o) The owner or operator must maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This must include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.

§ 264.574   Inspections.

	(a) During construction or installation, liners and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners must be inspected and certified as meeting the requirements of § 264.573 of this subpart by an independent qualified, registered professional engineer. This certification must be maintained at the facility as part of the facility operating record. After installation, liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.

	(b) While a drip pad is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

	(1) Deterioration, malfunctions or improper operation of run-on and run-off control systems;

	(2) The presence of leakage in and proper functioning of leak detection system.

	(3) Deterioration or cracking of the drip pad surface.

	Note: See § 264.573(m) for remedial action required if deterioration or leakage is detected.

§ 264.575   Closure.

	(a) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.

	(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (a) of this section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (§ 264.310). For permitted units, the requirement to have a permit continues throughout the post-closure period. In addition, for the purpose of closure, post-closure, and financial responsibility, such a drip pad is then considered to be landfill, and the owner or operator must meet all of the requirements for landfills specified in subparts G and H of this part.

	(c)(1) The owner or operator of an existing drip pad, as defined in § 264.570 of this subpart, that does not comply with the liner requirements of § 264.573(b)(1) must:

	(i) Include in the closure plan for the drip pad under § 264.112 both a plan for complying with paragraph (a) of this section and a contingent plan for complying with paragraph (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and

	(ii) Prepare a contingent post-closure plan under § 264.118 of this part for complying with paragraph (b) of this section in case not all contaminated subsoils can be practicably removed at closure.

	(2) The cost estimates calculated under §§ 264.112 and 264.144 of this part for closure and post-closure care of a drip pad subject to this paragraph must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under paragraph (a) of this section.

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

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

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

	13. Section 265.440 is amended by revising paragraph (a) to read as follows:

§ 265.440   Applicability.

	(a) The requirements of this subpart apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-on to an associated collection system. Existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has generated a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads.
*	*	*	*	*

	14. Section 265.443 is amended by redesignating paragraph (b)(2)(ii) as paragraph (b)(2)(iii), and adding paragraph (b)(2)(ii), to read as follows:

§ 265.443   Design and operating requirements.
*	*	*	*	*

	(b) * * *
	(2) * * *

	(ii) Designed and operated to function without clogging through the scheduled closure of the drip pad.
*	*	*	*	*

	15. Section 265.443 is amended by revising paragraphs (m) introductory text, and (m)(1) introductory text to read as follows:

§ 265.443   Design and operating requirements.
*	*	*	*	*

	(m) Throughout the active life of the drip pad, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition must be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:

	(1) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage by the leak detection system), the owner or operator must:
*	*	*	*	*

	16. Section 265.443(m)(3) is amended by revising the reference "(m)(3)" to read "(m)(1)(iv)".
*	*	*	*	*

PART 270-EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM

	17. The authority citation for part 270 continues to read as follows:

	Authority: 42 U.S.C. 6905, 6912, 6925, 6927, 6939, and 6974.

§ 270.22   [Redesignated as § 270.26]

	18. Section 270.22 added on 12-6-90 at 56 FR 50450 is redesignated as § 270.26; the heading is revised to read "Special Part B Information Requirements for Drip Pads"; in paragraph (c) of redesignated § 270.26, revise "§ 264.572" to read "§ 264.573"; in paragraph (c)(14), revise "§ 264.572" to read "§ 264.573"; in paragraph (c)(15), revise "§ 264.571" to read "§ 264.573"; and in paragraph (c)(16), revise "§ 264.573(a)" to read "§ 264.575(a)".

[FR Doc. 91-15340 Filed 6-28-91; 8:45 am]
BILLING CODE 6560-50-M