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EPA Amends Hazardous Waste Listing

Effective July 7, 2008, the Environmental Protection Agency (EPA) will amend the list of hazardous wastes from non-specific sources (called F-wastes) by modifying the scope of the EPA Hazardous Waste No. F019. Specifically, the agency plans to exempt wastewater treatment sludges from zinc phosphating, when such phosphating is used in the motor vehicle manufacturing process—provided that the wastes are not placed outside on the land prior to shipment to a landfill for disposal, and the wastes are placed in landfill units that are subject to or meet the specified landfill design criteria.

Note: This final action on the F019 listing does not affect any other wastewater treatment sludges either from the chemical conversion coating of aluminum or from other industrial sources. Additionally, this rule amends the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) list of Hazardous Substances and Reportable Quantities so that the F019 listing description is consistent with the amendment to F019 under regulations for hazardous wastes from non-specific sources.

This final rule could directly affect businesses that generate certain wastes from the manufacturing of motor vehicles in the (1) automobile manufacturing industry and (2) light truck/utility vehicle manufacturing industry (NAICS codes 336111 and 336112, respectively). Other motor vehicle manufacturing industries (e.g., heavy-duty truck or motor home manufacturing) are not affected by this rule.
 
Entities potentially affected by this action are at least seven current F019 generators within these two industries, consisting of four auto and three light truck/utility vehicle plants, and up to 42 other facilities in these two industries that may begin applying aluminum parts and could potentially generate regulated F019 waste without this final rule (based on 2005 Biennial Report data). Note: This action might also affect the 19 auto and light truck plants with prior F019 delistings issued between 1997 and 2007, because this action could supplant their delisting status and conditions, depending upon the extent of state government voluntary adoption of this final rule [1].
 
The EPA has established a docket for this action under Docket ID No. EPA-HQ-RCRA-2006-0984. All documents in the docket are listed at the www.regulations.gov website. For information on specific aspects of the rule, contact James Michael of the Office of Solid Waste (5304P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, via e-mail at michael.james@epa.gov, or by phone at (703) 308-8610.
 
For general information, visit www.epa.gov/epaoswer/hazwaste.
 
[1] EPA, in partnership with the states, biennially collects information regarding the generation, management, and final disposition of hazardous wastes regulated under RCRA. See the 2005 Biennial Report on the EPA Web site. To determine whether your facility is affected by this action, you should examine 40 CFR Parts 260 and 261 carefully, along with the final regulatory language amending Chapter I of the Code of Federal Regulations (CFR). This language is found at the end of this Federal Register notice.
 
Source: The Federal Register

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