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PA Bulletin, Doc. No. 06-576


Application for Solid Waste Variance

[36 Pa.B. 1701]

Advanced Recycling Technology, Inc., Building 33, 1080 Opportunity Avenue, Chambersburg, PA 17201

   The Department of Environmental Protection (Department) has tentatively decided to grant a conditional variance from classification as solid waste for certain material produced at the Advanced Recycling Technology, Inc. (ARTI) facility in Chambersburg, PA. This notice announces the opportunity for interested parties to review and comment on the variance application prior to a final decision by the Department. The variance request was submitted to the Department under Federal hazardous waste regulations at 40 CFR 260.30(c) (relating to variances from classification as a solid waste), which are incorporated by reference as Pennsylvania regulations in 25 Pa. Code § 260a.1 (relating to incorporation by reference, purpose, scope and applicability). This variance provision is available for materials that have been reclaimed but must be reclaimed further before the materials are completely recovered. The specific material for which ARTI has requested a variance is its concentrate material that is partially reclaimed from hazardous wastes, which contains economically significant amounts of precious metals. ARTI currently treats precious metal-bearing hazardous wastes, consisting primarily of sludges and spent plating bath solutions generated by electroplating operations, to produce these concentrates under a permit-by-rule in accordance with 25 Pa. Code § 270a.60(b)(5) (relating to permits-by-rule). Currently, the partially reclaimed material produced at the ARTI facility is regulated as hazardous waste subject to the special provisions of 40 CFR Part 266, Subpart F (relating to recyclable materials utilized for precious metal recovery), which are incorporated by reference as Pennsylvania regulations in 25 Pa. Code § 266a.20 (relating to incorporation by reference and applicability). If the variance is granted, upon compliance with the following conditions, ARTI may ship the partially reclaimed metal concentrates to metal smelting facilities as nonwaste, commodity-like materials.

Conditions and Limitations of Variance

1.  This variance applies to metal concentrates produced by ARTI from hazardous wastes containing economically significant amounts of any of the precious metals listed in 40 CFR Part 266, Subpart F and incorporated by reference as Pennsylvania regulation at 25 Pa. Code § 266a.20. Hazardous waste used to produce the precious metal containing concentrates to which this variance applies must be managed in accordance with the requirements of 40 CFR Part 266, Subpart F until the resultant concentrates meet the conditions and limitations of this variance. Treatment activities utilized by ARTI to produce the metal concentrates are subject to the permit-by-rule provisions of 25 Pa. Code § 270a.60 (b)(5).
2.  The partially reclaimed metal concentrates must have a cyanide concentration of no greater than 590 parts per million (ppm) and may not be placed directly on the land. Cyanide must be analyzed using a method specified in ''Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW--846, as incorporated by reference in 40 CFR 260.11, which is incorporated by reference as Pennsylvania regulation at 25 Pa. Code 260a.1.
3.  ARTI must send a one-time notification of the variance and its conditions to any foreign country where metal reclamation facilities accepting ARTI concentrates are located. In addition, ARTI must include a notification on all Material Safety Data Sheets shipped with the concentrates that the concentrates may contain up to 590 ppm cyanide and that low pH environments can result in the production of hydrogen cyanide gas.
4.  To insure that its customers handle the processed concentrates as valuable commodities in a manner that minimizes loss, ARTI must place a provision stipulating no direct land placement of the materials in its contractual agreements with metal reclamation facilities.
5.  ARTI shall maintain records onsite which show that all shipments of concentrate material under this conditional variance were: (1) made to metal reclamation facilities; (2) documented and shipped in accordance with all applicable U.S. Department of Transportation regulations; and (3) documented to have reached the designated destination.
6.  This conditional variance from classification as solid waste for the precious metal concentrates partially reclaimed from hazardous waste at ARTI's Chambersburg facility takes effect at the point at which the concentrate is loaded for shipment.

   Persons wishing to comment on ARTI's variance request and the Department's tentative decision to conditionally grant the request are invited to submit comments by May 8, 2006, to the Department at the following address. For more detailed information on the specific aspects of ARTI's variance request, to obtain a copy of the request or to submit comments, contact Dwayne Womer; Department of Environmental Protection; Division of Hazardous Waste Management; P. O. Box 8471; Harrisburg, PA 17105; (717) 787-6239; Comments received within the comment period will be considered by the Department in making the final decision regarding ARTI's request. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based. The Department will also accept requests for a public hearing on this matter. A public hearing may be held if the Department considers the public response significant. If a hearing is scheduled, a notice of the hearing will be published in the Pennsylvania Bulletin.

   Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the Department as specified previously. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.


[Pa.B. Doc. No. 06-576. Filed for public inspection April 7, 2006, 9:00 a.m.]

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