9441.1984(31)
OCT 25 1984
Tom Carlisle
Division of Solid and Hazardous Waste Management
State of Ohio Environmental Protection Agency
361 East Broad Street
Columbus, Ohio 43216-1049
Dear Mr. Carlisle:
This letter responds to your inquiry of October 5, 1984, regarding
further clarification of the Federal Register
notice pertaining to lime-stabilized waste pickle liquor sludge
(LSWPLS) from the iron and steel industry (June 5, 1984).
Each point raised in your letter and our responses are outlined
below. Please keep in mind, however, that the Porcelain Enamel
Institute has filed a petition for review against the Agency (August
24, 1984) regarding our interpretation of the spent pickle liquor
listing.
1) Although the June 5 exclusion applies only to iron and steel
industries (SIC codes 331 and 332), Mid-West Fabricating Company
(SIC code 3714) received notice from EPA that the exclusion applied
to LSWPLS generated at their facility. The Agency is aware that
due to computer error a few facilities listed in the June 5 notice
are not actually in the iron and steel industry. At this time,
we are working to identify these facilities and to determine a
course of action. At a minimum, we would expect to notify them
in writing of the error and inform them that their LSWPLS is not
excluded by our decision on June 5, 1984.
2) How does EPA interpret the term "moot" as it pertains
to delisting petitions submitted to exclude LSWPLS generated from
the iron and steel industry? EPA used this term in stating that
site-specific delisting petitions submitted by the iron and steel
industry (to exclude LSWPLS) no longer require Agency Action since
the June 5, final rule automatically excludes these waste from
regulation (effective December 5, 1984). Administrative procedures
dictate that comments are not solicited when rules are promulgated
in final form.
3) Data from delisting petitions submitted by the iron and steel
industry, as cited in the June 5 notice include at least four
facilities from industry categories other than iron and steel
(Quanex Fabricating, Olin Corporation and Union Carbide). How
can this data be used to support a rulemaking for the iron and
steel industry, and are these petitions also considered moot by
the rulemaking?
Data from the Hazardous Waste Data Management System indicates
that Union-Carbide (Ohio) - SIC codes 3115, 3471, 3486, 3398;
Olin Corporation (Conn.) - SIC codes 3116, 3351,3356; and Quanex
Corporation (Michigan) - SIC code 3317 are within the iron and
steel industry or have processes that generate spent pickle liquor
and are in the SIC code (i.e., 331 and 332) covered by the oxclusion.
Since EPA data conflicts with your data, I suggest someone from
your staff contact Jacqueline Sales, of my staff, at (202) 382-4770
to further discuss this matter.
4) You state that although fifty percent of porcelain enamelers
have notified as generating K062, this does not indicate general
knowledge of the broad applicability of the listing since many
of these notifiers are "protective filers." You further
state that the spent pickle liquor listing should have been listed
generically under _261.31 if it was intended to apply to industries
other than iron and steel. The Agency has always interpreted the
listing to include spent pickle liquor generated from all steel
finishing industries regardless of industry category. This is
the plain sense of the k062 listing, which applies to waste from
steel finishing operations. As a matter of fact, we have taken
action on several delisting petitions from industries other than
iron and steel. At this time, however, we believe it prudent not
to elaborate further on this issue until we have litigated the
suit filed by the Porcelain Enamel Institute.
5) It is not clear what portion of the waste stream has been excluded
from regulation (i.e., does the exclusion apply to both the supernatant
and sludge, or to the waste pickle liquor at the moment it is
lime stabilized). The exclusion applies only to the sludge from
lime treatment of waste pickle liquor. As a practical matter,
this means that the sludge is considered non-hazardous and may
be disposed of in a Subtitle D or municipal landfill. However,
the supernatant from the treatment of this waste remains hazardous
waste, unless delisted. Therefore, the exclusion does not apply
to the entire waste stream.
I trust that this letter adequately addresses your concerns. Should
you have questions or require additional information, please call
Jacqueline Sales, of my staff, at (202) 382-4770.
Sincerely,
Original Document signed
Eileen M. Claussen
Director
Characterization and Assessment Division
(WH-562B)