Project XL Site-specific Rulemaking for Molex, Inc., 700 Kingbird Road Facility, Lincoln, Nebraska

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 260

[FRL-5916-4]

Project XL Site-specific Rulemaking for Molex, Inc., 700 Kingbird

Road Facility, Lincoln, Nebraska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to implement a project under the Project

XL program for the Molex, Inc. (Molex) facility located at 700 Kingbird

Road, Lincoln, Nebraska. The terms of the project are defined in a

draft Final Project Agreement (FPA) which is being made available for

public review and comment by this document. Also, EPA is making

available for informational purposes a draft variance by the Nebraska

Department of Environmental Quality necessary for implementation of the

project. In addition, EPA is today proposing a site-specific rule,

applicable only to the Molex facility, to facilitate implementation of

the project. In the final rules section of this Federal Register, EPA

is also adopting this rule as a direct final rule because EPA views

this as a noncontroversial action and anticipates no adverse comments.

If no significant adverse comments are received, the direct final rule

will become effective in 60 days and no further action will be taken on

this proposed rule. If significant adverse comments are received during

the comment period, the direct final rule will not go into effect and

EPA will proceed pursuant to this proposal, responding to the comments

on the direct final rule and this proposal when final action is taken

on the rule. EPA does not intend to initiate a further round of notice

and comment, if comments are received on this proposal or the direct

final rule. Therefore, any parties interested in commenting on this

rule, or on the FPA, should do so at this time

EPA will proceed pursuant to this proposal, responding to the comments

on the direct final rule and this proposal when final action is taken

on the rule. EPA does not intend to initiate a further round of notice

and comment, if comments are received on this proposal or the direct

final rule. Therefore, any parties interested in commenting on this

rule, or on the FPA, should do so at this time.

The site-specific rule is intended to provide regulatory changes

under the Resource Conservation and Recovery Act (RCRA) to implement

Molex's XL project, which will result in superior environmental

performance and, at the same time, provide Molex with greater

operational flexibility. The flexibility provided by Project XL will

allow the facility to segregate waste streams which had previously been

co-mingled into a single waste stream. By changing the process lines to

generate separate waste streams (nickel, copper, tin/lead), the

facility can optimize the precipitation of each metal more effectively

before the effluent is sent to the POTW. The environmental benefit from

the project will be a substantial reduction in the mass loading of

metals entering the City of Lincoln's POTW. In addition, the resultant

mono-metal sludges will be commodity-like materials suitable for

recycling by smelters. A secondary environmental benefit will be

increased recycling and reducing the amount of material that would

otherwise be landfilled. The site-specific rule, applicable only to the

Molex facility, would change certain RCRA requirements so the

implementing agency, the Nebraska Department of Environmental Quality,

may issue a temporary variance from classifying as solid waste nickel,

copper, and tin/lead non-precious metals containing sludges generated

by Molex.

cing the amount of material that would

otherwise be landfilled. The site-specific rule, applicable only to the

Molex facility, would change certain RCRA requirements so the

implementing agency, the Nebraska Department of Environmental Quality,

may issue a temporary variance from classifying as solid waste nickel,

copper, and tin/lead non-precious metals containing sludges generated

by Molex.

DATES: Comments. All public comments must be received on or before

December 3, 1997 except that if a public hearing is held, the public

comment period will remain open until December 18, 1997.

Public Hearing. A public hearing will be held, if requested, to

provide interested persons an opportunity for oral presentation of

data, views, or arguments concerning this direct final rule to

implement Molex's XL project. If anyone contacts the EPA requesting to

speak at a public hearing by November 24, 1997, a public hearing will

be held on December 15, 1997. EPA will decide by November 28, 1997

whether a public hearing will be held. Additional information is

provided in the section entitled ADDRESSES.

Request to Speak at Hearing. Persons wishing to present oral

testimony must contact Mr. David Doyle at the EPA by November 24, 1997.

Additional information is provided in the section entitled ADDRESSES.

ADDRESSES: Comments. Written comments should be submitted in duplicate

to: Mr. David Doyle, U.S. Environmental Protection Agency, Region VII,

Air, RCRA & Toxics

, 726

Minnesota Avenue, Kansas City, KS 66101, (913) 551-7667.

SUPPLEMENTARY INFORMATION: For further information on the rule proposed

today, including the text of the proposed rule, see the direct final

rule which appears in the Final Rules section of today's Federal

Register.

Dated: October 27, 1997.

Carol M. Browner,

Administrator.

Before The Nebraska Department of Environmental Quality

In the Matter of Molex, Inc.; Applicant. Case No. 1898.

Order for a Temporary Variance

This matter comes before the Director of the Department of

Environmental Quality (DEQ) on the application of Molex, Inc.

(Molex), for an Order granting a temporary variance pursuant to

Title 128, Rules and Regulations Governing Hazardous Waste

Management in Nebraska, chapter 5, section 001.04. The variance

requests a temporary exemption from the classifying as solid waste

of segregated sludges generated during wastewater treatment at the

Molex Upland facility located at 700 Kingbird Road, Lincoln,

Nebraska. The purpose of the variance request is to allow Molex

sufficient time to collect information to demonstrate that

segregation and separate treatment of various wastestreams at its

facility results in a significantly reduced metals content in its

wastewater effluent discharge to the City of Lincoln's publicly

owned treatment works (POTW) and produces a readily recyclable

sludge with market value. The variance is necessary to remove a

regulatory barrier which would otherwise classify the sludges

generated from the segregation and treatment of wastewater from

Molex's electroplating operation as a solid waste and a listed

hazardous waste. The sludge generated from wastewater treatment at

the Molex facility, prior to the implementation of process changes

to segregate and separately treat wastestreams, was considered a

recyclable material utilized for precious metal recovery subject to

reduced management requirements under title 128, chapter 7, section

010

electroplating operation as a solid waste and a listed

hazardous waste. The sludge generated from wastewater treatment at

the Molex facility, prior to the implementation of process changes

to segregate and separately treat wastestreams, was considered a

recyclable material utilized for precious metal recovery subject to

reduced management requirements under title 128, chapter 7, section

010. The Director has investigated the claims made by the applicant

and the interests of others likely to be affected and the general

public.

The Director finds that the application of the regulation which

would classify the sludge generated from the treatment of

electroplating wastestreams at the Molex facility as a listed

hazardous waste as applied to the applicant discourages innovative

treatment by greatly increasing the cost and ability of the company

to continue the recycling of the sludges. However, the Director

possesses insufficient information to determine whether the sludges

generated from the segregation and separate treatment of

wastestreams should not be classified as solid waste because they

have been reclaimed and are commodity-like, but must be reclaimed

further.

The Director finds that the granting of a temporary variance to

allow Molex to obtain this information removes a significant barrier

to the achievement of the environmental performance goal of a

cleaner effluent discharge from the facility and reduced mass metals

loading on the POTW and continued recycling of sludges. Among the

factors to be considered in any final variance determination are:

The degree of processing the material has undergone and the

degree of further processing that is required;

The value of the material after it has been reclaimed;

The degree to which the reclaimed material is like an

analogous raw material;

The extent to which an end market for the reclaimed

material is guaranteed; and

The extent to which the reclaimed material is handled

to minimize the loss

e degree of processing the material has undergone and the

degree of further processing that is required;

The value of the material after it has been reclaimed;

The degree to which the reclaimed material is like an

analogous raw material;

The extent to which an end market for the reclaimed

material is guaranteed; and

The extent to which the reclaimed material is handled

to minimize the loss.

The Director further finds that the granting of this temporary

variance fosters the incentive for innovation demonstrated by Molex

and provides an opportunity to test monitoring requirements that may

result in modified performance standards for the material at issue.

It Is Therefore Ordered that the temporary variance request for

up to two years from classification as solid waste of the sludges

generated from the segregation and treatment of wastestreams at the

Molex facility is granted subject to the following conditions and

requirements:

1. The temporary variance is limited to three sludges which are

being recycled to reclaim nickel, copper, and tin/lead. These

sludges shall not be mixed with each other and any other materials

at the Molex facility.

2. Molex shall maintain records to document the volume of these

materials generated, stored, and recycled during the two years this

temporary variance is in effect.

3. Within 30 days of the date of issuance of this variance,

Molex shall conduct an initial waste analysis on all three sludges

(nickel, copper, and tin/lead) for TCLP and total metals (to be

reported in milligrams per kilogram dry weight, in accordance with

the procedures found in 40 CFR part 261, Appendices I, II, and III,

and for pH and moisture content and report this analysis to the DEQ

within 30 days of receipt of analytical results. This data shall be

included in the initial baseline report required in paragraph 10.

4

copper, and tin/lead) for TCLP and total metals (to be

reported in milligrams per kilogram dry weight, in accordance with

the procedures found in 40 CFR part 261, Appendices I, II, and III,

and for pH and moisture content and report this analysis to the DEQ

within 30 days of receipt of analytical results. This data shall be

included in the initial baseline report required in paragraph 10.

4. Molex shall conduct waste analysis for a representative

composite sample from each shipment of sludge prior to shipment for

reclamation for the following parameters: Total copper, nickel,

lead, tin, zinc; pH; and moisture content; to be reported in

milligrams per kilogram dry weight.

5. The DEQ reserves the right to require additional waste

analysis based on the results of any waste analysis performed on the

sludges, including any testing conducted by the DEQ.

6. Molex shall maintain records of test results, waste analyses

and other determinations made in accordance with this temporary

variance.

7. Within sixty days of the date of issuance of this variance,

Molex shall notify the DEQ of the name, address, and facility

contact for each facility to which material is sent for reclamation

and provide a description of the processing to be done on the

sludge, including specifications on material which the facility will

accept for processing.

8. Molex shall maintain non-hazardous waste manifests

identifying the specific shipment by an individual number, the date

on which the material was shipped and confirmation from the

reclamation facility of the date on which the shipment is received.

9. The sludges containing nickel and copper destined for

reclamation pursuant to this temporary variance shall not be

accumulated at the facility for longer than 180 days. The sludge

containing tin/lead destined for reclamation pursuant to this

temporary variance shall be stored in closed containers which are

clearly marked to identify the contents and the date on which

accumulation in the container began

containing nickel and copper destined for

reclamation pursuant to this temporary variance shall not be

accumulated at the facility for longer than 180 days. The sludge

containing tin/lead destined for reclamation pursuant to this

temporary variance shall be stored in closed containers which are

clearly marked to identify the contents and the date on which

accumulation in the container began. Containers shall be stored in a

secure location, inspected on a weekly basis, and otherwise managed

to prevent any exposure to the environment. Materials subject to

this variance shall be transported in accordance with U.S.

Department of Transportation requirements for hazardous materials,

including use of a non-hazardous waste manifest.

10. Within 60 days of the date of issuance of this variance,

Molex shall provide an initial report in accordance with Attachment

1 describing baseline data for: (a) the combined treatment system

for the most recent 12 month period prior to implementation of the

segregated treatment system, including a description of the

wastewater treatment process, estimated daily average metals mass

loading and pH

measurement in the effluent discharge, capital and operating costs

of the combined treatment system, volume and fate of the sludge,

TCLP and total metals analysis of the sludge if previously done,

reclamation value of the sludge and the associated costs to Molex

for the storage, transportation, and reclamation of the sludge, and

nt process, estimated daily average metals mass

loading and pH

measurement in the effluent discharge, capital and operating costs

of the combined treatment system, volume and fate of the sludge,

TCLP and total metals analysis of the sludge if previously done,

reclamation value of the sludge and the associated costs to Molex

for the storage, transportation, and reclamation of the sludge, and

(b) the segregated treatment system including descriptions of each

wastewater treatment process, capital costs of the segregated

treatment system, the proposed volume and fate of the sludge, and an

estimate of the cost to transport and treat or dispose of the sludge

as hazardous waste based on anticipated generation rate and

transportation and treatment or disposal costs.

11. Quarterly reports in accordance with Attachment 2 shall be

due on the last day of the month every three months after the

initial report describing current data for the segregated treatment

system including the actual daily average mass metals loading in the

facility discharge and associated metal effluent concentrations

including pH measurements; operating costs of the segregated

treatment system; storage, recycling volume, and fate of the sludge;

waste analysis of the sludge; and reclamation value of the sludge

and the associated costs to Molex for the storage, transportation,

and reclamation of the sludge.

12. Within 90 days of the end of this two year temporary

variance, Molex shall provide a final report that: (a) provides an

overview of the demonstration project; (b) incorporates the initial

report and quarterly reports as appendices; (c) describes the

technical aspects of the project; (d) describes and quantifies the

environmental aspects of the project; (e) describes and quantifies

the economic aspects of the project, including a comparison of the

mass treatment system to the segregated treatment system and

calculation of costs saved by this variance

) incorporates the initial

report and quarterly reports as appendices; (c) describes the

technical aspects of the project; (d) describes and quantifies the

environmental aspects of the project; (e) describes and quantifies

the economic aspects of the project, including a comparison of the

mass treatment system to the segregated treatment system and

calculation of costs saved by this variance.

It Is Further Ordered that Molex shall at all times remain in

compliance with its Pretreatment Permit #NE0131776 and comply with

all other applicable requirements in Title 128 and Nebraska law.

It Is Further Ordered that this temporary variance shall expire

two years from the date signed below. This temporary variance shall

be subject to cancellation at any time for violation of any of the

conditions and requirements identified in this temporary variance or

refusal to conduct any additional waste analysis required pursuant

to paragraph 5 above.

By The Director.

Randolph Wood,

Nebraska Department of Environmental Quality.

[FR Doc. 97-29053 Filed 10-31-97; 8:45 am]

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