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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations

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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
EPAR10RCRA20210142; FRL8917
02R10

Hazardous Waste Management System; Final Exclusion for Identifying and Listing Hazardous Waste AGENCY:

Environmental Protection Agency EPA.
ACTION: Final rule.

I. Overview Information II. EPAs Evaluation of Public Comments III. Final Rule A. What are the terms of this exclusion?
B. When is the delisting effective?
C. How does this action affect the states?
IV. Statutory and Executive Order Reviews
The Environmental Protection Agency EPA also, the Agency or we in this preamble is taking final action to finalize technical amendments to an existing exclusion from the list of federal hazardous waste delisting issued to the United States Department of Energy Energy under the Resource Conservation and Recovery Act. These modifications address changes to the 200-Area Effluent Treatment System associated with the delisting necessary to accept liquid effluents expected to be generated from vitrification of certain low-activity mixed wastes at the Hanford Federal Facility, or Hanford Site, in Richland, Washington.
DATES: This final rule is effective on September 10, 2021.
ADDRESSES: The EPA has established a docket for this action under Docket ID
No. EPAR10RCRA20210142. All documents in the docket are listed on the www.regulations.gov website.
Although listed in the index, some information is not publicly available, e.g., Confidential Business Information CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
I. Overview Information Based on a petition submitted to the EPA, Energy requested technical amendments to an existing exclusion from the list of federally listed wastes set forth in 40 Code of Federal Regulations CFR 261.33 previously issued to the United States Department of Energy Energy for the Hanford Federal Facility, or Hanford Site in Richland, Washington Current delisting. See 40 CFR part 261, appendix IX, Table 2. This existing exclusion applies to treated effluent generated by Hanfords 200 Area Effluent Treatment Facility ETF. The requested amendments relate to the planned startup of the Hanford Waste Treatment and Immobilization Plant WTP. Details of Energys requested technical amendments are more fully described in EPAs proposed regulatory amendments to the existing delisting at 86 FR 30237, June 7, 2021. After consideration of comments received on the EPAs proposed regulatory amendments, the EPA is finalizing these amendments as proposed. The EPA is also making one grammatical clarification identified after the proposal cited above.

SUMMARY:

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the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically through www.regulations.gov. Due to restrictions related to COVID19, docket materials are not available in hard copy form at this time. If you have further questions concerning docket materials, we recommend you telephone Dr. David Bartus at 206 5532804.
FOR FURTHER INFORMATION CONTACT: Dr.
David Bartus, EPA, Region 10, 1200 6th Avenue, Suite 155, M/S M/S 15H04, Seattle, Washington 98070; telephone number: 206 5532804; email address:
bartus.dave@epa.gov.
As discussed in Section V of this document, the Washington State Department of Ecology is making a separata but parallels decision regarding the Petitioners request for this modification under state authority.
Information on Ecologys action may be found at https ecology.wa.gov/WasteToxics/Nuclear-waste/Public-commentperiods.
SUPPLEMENTARY INFORMATION: The information in this section is organized as follows:

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II. EPAs Evaluation of Public Comments The EPA received one anonymous set of comments on the proposed regulatory amendments. These comments, and the EPAs evaluation of them, are described below.
This commenter raises several issues.
One common theme is that there are data gaps or other uncertainties regarding the ability of the Effluent Treatment Facility to manage future wastes from the WTP. The following sections address each of the comments that have a clear nexus to the proposed modification of the existing 200-Area ETF delisting.
Uncertainty Regarding the Future Capability To Treat the Future Unknowns The commenter stated It appears that the current petition revision is solely to address acetonitrile, but that there are other unknowns and chemicals of concern to be submitted at a later date for future delisting petitions. There is no guarantee that there will be a future capability to treat the future unknowns, leaving a considerable risk of what to do with non-compliant effluent from the WTP.
In promulgating significant revisions to the 200ETF delisting in 2005 70 FR
44498, July 30, 2012, Ecology and EPA
explicitly intended to broadly expand the waste streams that the ETF could process within the scope of the treated effluent delisting. More specifically, the final delisting rule stated The effect of these changes is to allow the 200 Area ETF to fulfill an expanded role in supporting Hanford Facility cleanup actions beyond those activities considered in the 1995 delisting rulemaking. In particular, these changes will allow the 200 Area ETF to treat mixed wastewaters from a number of additional sources beyond 242A
Evaporator process condensate PC
upon which the original delisting was based. See 70 FR 44497, July 30, 2012.
Consistent with this objective, the 2005 delisting modifications established a detailed mechanism based on the concept of a treatability envelope, which defines the ability of the ETF
system overall to treat a wide range of waste constituents. This mechanism is based on an engineering model of the various unit operations within the ETF
treatment train. Additionally, constituent-specific data for a wide range of constituents were used on a waste-stream specific basis to evaluate the treatability of that waste stream as part of the waste acceptance process for
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