epa proposal to allow incin. of rcra pcp treated wood wastes

[cmcr@ism.net (Cold Mountain, Cold Rivers)]

looks like EDF was only enviro organiztn. commenting when this rule was
originally announced. personally, i don't trust them to do the right thing;
here is the portion of today's announcement relevant to dioxin-l.

[Federal Register: May 10, 1996 (Volume 61, Number 92)]
[Proposed Rules]
[Page 21418-21422]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 148, 261, 268, 271
[FRL-5503-4]
RIN 2050-AE05

Land Disposal Restrictions Phase IV Proposed Rule--Issues
Associated With Clean Water Act Treatment Equivalency, and Treatment
Standards for Wood Preserving Wastes and Toxicity Characteristic Metal
Wastes; Notice of Data Availability

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability.
-----------------------------------------------------------------------
SUMMARY: Since publication of the Land Disposal Restrictions (LDR)
Phase IV proposal (60 FR 43654, August 22, 1995), EPA has received
additional information which will be considered in developing its final
rule. The public has 30 days from publication of this notice to comment
on that additional information. Readers should note that only comments
about the new information discussed in this notice will be considered
during the comment period; issues proposed in the August 22, 1995 Phase
IV rule, and in the Phase IV Supplemental Proposal on mineral
processing wastes (61 FR 2338, January 25, 1996), that are not
discussed in this Notice of Data Availability, are not open for further
comment.

DATES: Comments are due by June 10, 1996.

ADDRESSES: To submit comments, the public must send an original and two
copies to Docket Number F-96-P42A-

[[Page 21419]]

FFFFF, located at the RCRA Docket. The mailing address is: RCRA
Information Center, U.S. Environmental Protection Agency (5305W), 401
M. Street, SW, Washington, D.C. 20460. RCRA Information Center is
located at 1235 Jefferson Davis Highway, First Floor, Arlington,
Virginia. The RCRA Information Center is open for public inspection and
copying of supporting information for RCRA rules from 9:00 am to 4:00
pm Monday through Friday, except for Federal holidays. The public must
make an appointment to review docket materials by calling (703) 603-
9230. The public may copy a maximum of 100 pages from any regulatory
document at no cost. Additional copies cost $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information or to order
paper copies of this Federal Register document, call the RCRA Hotline.
Callers within the Washington, Metropolitan Area must dial 703-412-9810
or TDD 703-412-3323 (hearing impaired). Long-distance callers may call
1-800-424-9346 or TDD 1-800-553-7672. The RCRA Hotline is open Monday-
Friday, 9:00 a.m. to 6:00 p.m., Eastern Standard Time. For other
information on this notice, contact Sue Slotnick (5302W), Office of
Solid Waste, 401 M Street, SW, Washington, DC 20460, phone (703) 308-
8462.

[snip]

(2) Treatment Standards for Wood Preserving Waste F032, and
Potentially, F024

    EPA proposed in the Phase IV proposal to require wood preserving
waste F032 to meet the Universal Treatment Standard for a specific list
of hazardous constituents (see 60 FR 43680; August 22, 1995, and its
Correction Notice, 60 FR 546451, October 25, 1995). The F032
constituents include dioxin and furan (D/F) constituents (Id. at
43681). Most comments on the proposed treatment standards for F032
centered on the need to establish numeric limits for D/F as a means to
ensure proper treatment. As described below, EPA also received new
data. The Agency requests comment on the new data, and on options
presented below. Also, commenters should note that a change in the
proposed treatment standard for F032 may dictate changes in the F024 (a
group of chlorinated aliphatic wastes) treatment standard (see 55 FR
22580-22581, June 1, 1990), as discussed below.
    The Penta Task Force's comment (which also included a
characterization study from Vulcan Chemicals) and the comment from the
American Wood Preserving Institute (AWPI) expressed concerns that
promulgation of concentration limits for D/F hazardous constituents in
F032 may discourage commercial incineration facilities from treating
this waste. As a result of this concern, commenters have asked EPA to
consider alternatives to setting D/F concentration limits in its final
rule. The Agency is considering options that would provide F032
generators flexibility, provided that adequate treatment of the waste
is still ensured. Comments are requested on the options and information
discussed below. Under all the options discussed below, the treater
would still have to measure compliance with the proposed Universal
Treatment Standard levels for the non-D/F constituents in the waste.

New Option: Alternative Treatment Standard

    This option calls for EPA to establish an alternative treatment
standard that sets incineration as a treatment method for D/F
constituents, in lieu of actually measuring the D/F concentrations in
the treated residues. F032 wastes treated via incineration would have
met the treatment standard for D/F, and disposal would be allowed so
long as the Universal Treatment Standard limits promulgated for other
organic constituents were also met. Under this option, Treatment
Standard levels for each D/F constituent would still be codified so
that compliance with these levels can be monitored in cases when F032
is treated by nonincineration technologies.
    This option, suggested by the Penta Task Force and AWPI, is
patterned after a treatment standard promulgated for F024. The
commenters believe that the concentrations of D/F in untreated F032 are
similar to those found in untreated F024, therefore, these two wastes
can be adequately regulated in a similar manner.
a. Preliminary Review of Vulcan's Characterization Study.
    Vulcan Chemical submitted a characterization study in an attachment
to the Penta Task Force's comment. This commenter pointed out that the
commercial grade tolerances of pentachlorophenol (PCP) allowed
domestically have D/F levels well below than those EPA reported in the

        [continues for a bit]

Cold Mountain, Cold Rivers Inc.
Box 7941  Missoula, Montana 59807
Phone & Fax 406-728-0867
cmcr@ism.net