[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Rules and Regulations]
[Pages 34538-34592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10197]
[[Page 34537]]
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Part II
Environmental Protection Agency
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40 CFR Parts 63, 268, et al.
Waste Management System; Testing and Monitoring Activities; Final Rule:
Methods Innovation Rule and SW-846 Final Update IIIB; Final Rule
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules
and Regulations
[[Page 34538]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 63, 258, 260, 261, 264, 265, 266, 268, 270, 271, and
279
[RCRA-2002-0025; FRL-7916-1]
RIN 2050-AE41
Waste Management System; Testing and Monitoring Activities; Final
Rule: Methods Innovation Rule and SW-846 Final Update IIIB
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency is amending a variety of
testing and monitoring requirements in the Resource Conservation and
Recovery Act (RCRA) hazardous and non-hazardous solid waste regulations
and for certain Clean Air Act (CAA) regulations that relate to
hazardous waste combustors. These amendments allow more flexibility
when conducting RCRA-related sampling and analysis by removing from the
regulations a requirement to use the methods found in ``Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods,'' also known as
``SW-846,'' in conducting various testing and monitoring and by
limiting required uses of an SW-846 method to circumstances where the
method is the only one capable of measuring the particular property
(i.e., the method is used to measure a required method-defined
parameter). This action is an important step forward in implementing
the use of a performance-based approach, which is part of the Agency's
efforts toward Innovating for Better Environmental Results.
Additionally, the Agency is making certain other clarifications and
technical amendments. These changes should make it easier and more cost
effective to comply with the affected regulations, without compromising
human health or environmental protection.
DATES: This final rule is effective on July 14, 2005. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of July 14, 2005.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. RCRA-2002-0025. All documents in the docket are listed in the
EDOCKET index at http://www.epa.gov/edocket. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information for which disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
in EDOCKET or in hard copy at the OSWER RCRA Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744. This Docket Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is (202) 566-0270.
FOR FURTHER INFORMATION CONTACT: For information on this rulemaking,
contact Kim Kirkland at: Office of Solid Waste (5307W), U. S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, SW.,
Washington, DC 20460-0002, (703) 308-8855, e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
You may be covered by this action if you conduct waste sampling and
analysis for Resource Conservation and Recovery Act (RCRA)-or National
Emission Standards for Hazardous Air Pollutants (NESHAP)-related
activities. Covered entities include anyone who generates, treats,
stores, or disposes of hazardous or nonhazardous solid waste and is
subject to RCRA subtitle C or D sampling and analysis requirements; and
entities subject to NESHAP final standards for hazardous waste
combustors (40 CFR part 63, subpart EEE). All types of industries,
governments, and organizations may have entities that generate or
manage RCRA-regulated hazardous and nonhazardous solid wastes and may
be subject to RCRA-related sampling and analysis requirements.
To determine whether your facility, company, business organization,
etc., is covered by this action, you should carefully examine the
applicability criteria in part 63 and in parts 258 through 299 of the
Code of Federal Regulations. If you have questions regarding the
applicability of this action to a particular entity, consult your
regulatory authority.
B. How Do I Obtain Copies of SW-846?
The Third Edition of SW-846, as amended by Final Updates I, II,
IIA, IIB, III, IIIA, and IIIB will be available in pdf format on the
Internet at http://www.epa.gov/SW-846. A paper copy of Final Update
IIIB is also located in the docket for this rule (see section I.A
above). Table 1 below provides sources for both paper and electronic
copies of the Third Edition of SW-846 and all of its updates.
Table 1.--Sources for SW-846, Third Edition, and its Updates
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Source Available portions of SW-846
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Superintendent of Documents, --Paper copies of the SW-846, Third
U.S. Government Printing Edition, basic manual and of certain
Office (GPO), Washington, DC updates, including Final Updates, I,
20402, phone (202) 512-1800, II, IIA, IIB, III, and IIIB and Draft
toll free (866) 512-1800, fax Update IVA. The subscriber must
orders (202) 512-2250, and integrate the updates.
online: http://bookstore.gpo.gov.
National Technical Information --Paper copy of an integrated version of
Service (NTIS), 5285 Port SW-846, Third Edition, as amended by
Royal Road, Springfield, VA Final Updates, I, II, IIA, IIB, III,
22161, (703) 605-6000 or and IIIA.
(800) 553-6847. --Individual paper copies of the SW-846,
Third Edition, basic manual and of
certain updates, including Final
Updates I, II, IIA, IIB, III, IIIA, and
IIIB and Draft Updates IVA and IVB.
--CD-ROM of integrated version of SW-
846, Third Edition, as amended by Final
Updates I, II, IIA, IIB, and III (pdf
and WordPerfect electronic copies).
--CD-ROM of Draft Update IVA (pdf and
WordPerfect electronic copies).
Internet: http://www.epa.gov/ --Integrated version of SW-846, Third
SW-846. Edition, as amended by Final Updates I,
II, IIA, IIB, III, IIIA, and IIB (pdf
electronic copy).
--Draft Update IVA (pdf electronic
copy).
--Draft Update IVB (pdf electronic
copy).
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C. What Is the Legal Authority for This Action?
We are promulgating the part 258, 260, 261, 264-266, 268, 270, 271,
and 279 regulations under the authority of sections 1006, 2002(a),
3001-3007, 3010, 3013-3018, and 7004 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act of 1976, as
amended. We are promulgating the part 63 regulation under the authority
of sections 112 and 114 of the Clean Air Act.
D. How Is the Rest of This Preamble Organized?
II. Summary of Today's Rule
III. Background and Purpose of Action To Reform RCRA-Related Testing
and Monitoring
A. Public Comments Regarding How to Determine if a Method Is
Appropriate
B. Public Comments Regarding Other Approaches
C. Public Comments Regarding Impacts From Removal of Required
Uses of SW-846 Methods
IV. Regulatory Revisions Involving Removal of SW-846 Requirements
V. Editorial Corrections to SW-846 References in the RCRA Testing
and Monitoring Regulations
VI. Action to Withdraw the Reactivity Interim Guidance from SW-846
Chapter Seven and Remove Required SW-846 Reactivity Analyses and
Threshold Levels from Conditional Delistings
VII. Clarifications to Corrosivity and Ignitability Hazardous Waste
Characteristics
A. Revision to Sec. 261.22(a)(2) to Clarify that SW-846 Method
1110A Is the SW-846 Standardized Version of the NACE Standard
Specified for Corrosivity Characteristic Testing
B. Revisions to Sec. 261.21(a)(1) to Remove an Unnecessary
Referral to Method Equivalency Petitions; and an Explanation
regarding the Decision to Not Revise the Regulation to Include the
Updated ASTM Standards and References to Methods 1010A and 1020B as
Proposed
VIII. Availability of Final Update IIIB and Status of Final Update
IV to SW-846
IX. Addition of Method 25A to Sec. Sec. 264.1034(c)(1)(ii) and (iv)
and 265.1034(c)(1)(ii) and (iv)
X. Removal of Requirements from Sec. 63.1208(b)(8)(i) and (ii) in
the NESHAP Standards to Demonstrate Feedstream Analytes Are Not
Present at Certain Levels
XI. Status of the RCRA Waste Sampling Draft Technical Guidance
XII. State Authorization Procedures
A. Applicability of Federal Rules in Authorized States
B. Authorization of States for Today's Rule
C. Abbreviated Authorization Procedures
XIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
II. Summary of Today's Rule
On October 30, 2002 (67 FR 66251-66301), the Environmental
Protection Agency (EPA) proposed to amend the testing and monitoring
requirements under the hazardous and nonhazardous solid waste
regulations, and a testing requirement under the Clean Air Act (CAA) in
the National Emission Standards for Hazardous Air Pollutants (NESHAP)
for hazardous waste combustors. EPA is finalizing those regulatory
revisions at this time. Some of the public comments are summarized and
addressed in the sections to follow, and a background document
containing our responses to all public comments can be found in the
docket to this rule, RCRA-2002-0025. After consideration of all
comments and for the reasons summarized in today's rule, we are
finalizing the following actions:
1. Reforming RCRA-related testing and monitoring by restricting
requirements to use SW-846 to only those situations where the method is
the only one capable of measuring the property (i.e., it is used to
measure a method-defined parameter). This will allow more flexibility
in RCRA-related sampling and analysis by removing unnecessary required
uses of SW-846.
2. Withdrawing the cyanide and sulfide reactivity guidance from
sections 7.3.3 and 7.3.4 of SW-846 Chapter Seven and withdrawing
required uses of reactive cyanide and sulfide methods and threshold
levels from conditional delistings.
3. Amending the regulations for the ignitability and corrosivity
hazardous waste characteristics. As part of this, we are clarifying in
Sec. 261.22(a)(2) that SW-846 Method 1110A, ``Corrosivity Toward
Steel,'' is the ``standardized'' (as described in Sec. 261.22(a)(2))
SW-846 method that is required to be used to determine the
characteristic of corrosivity for steel. We are also removing the
unnecessary reference to equivalency petitions in the ignitability
characteristic at Sec. 261.21(a)(1). However, regarding the methods
required for the determination of flash point under the characteristic
of ignitability, the Agency decided not to replace the standard test
methods ASTM D 3278-78 and D 93-79 with the latest versions of those
methods.
4. Incorporating by reference Update IIIB to SW-846, which includes
the revised Chapter Seven, and eleven revised methods, including method
revisions to remove a requirement to use the SW-846 Chapter Nine,
``Sampling Plan.''
5. Adding Method 25A as an analytical option to analyses conducted
in support of air emission standards for process vents and/or equipment
leaks at treatment, storage, and disposal facilities.
6. Removing a requirement to demonstrate that feedstream analytes
are not present at levels above the 80% upper confidence limit above
the mean for sources subject to NESHAP: Final Standards for Hazardous
Waste Combustors.
7. Removing from the regulations unnecessary references to SW-846,
which do not affect the intent of the RCRA regulation.
This rule does not add any additional requirements to the
regulations. Instead, this rule removes the requirement to use SW-846,
and it clarifies what the Agency believes should be considered during
the selection of other appropriate methods. Our purpose for the
regulatory revisions is to make it easier and more cost effective to
comply with the RCRA regulations by allowing more flexibility in method
selection and use. If you prefer, where you find that a specific SW-846
method yields data that is suitably effective for demonstrating
compliance in the particular matrix being analyzed, you can still use
the SW-846 methods.
III. Background and Purpose of Action to Reform RCRA-Related Testing
and Monitoring
Typically, the hazardous and nonhazardous solid waste RCRA
regulations for testing and monitoring activities or the permits or
waste analysis plans of facilities regulated by RCRA specify the
analytes of concern to be determined in a matrix of concern at a
particular regulatory level of concern. Additionally, some recently
promulgated regulations specify the confidence level of concern. Most
of the RCRA regulations leave the how (i.e., which test method to use)
up to the regulated community. Some RCRA regulations, however, specify
the use of methods from the EPA publication
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``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
also known as ``SW-846.''
Initially, EPA issued SW-846 in 1980 soon after the first RCRA
regulations were published. At that time, we intended that SW-846 serve
two roles. First, the Agency intended that it serve as a guidance
manual of generally appropriate and reliable analytical methods for
RCRA-related testing and monitoring. Second, we intended that it serve
as a readily-available source of those few analytical methods which
were required in order to comply with the RCRA regulations. Since that
time, EPA published regulations that required the use of SW-846 methods
in general. Subsequently, members of the regulated public made it clear
to EPA that they would like the opportunity to use other reliable
methods, and EPA also decided that some of the SW-846 requirements were
not necessary.
The regulatory requirement to use SW-846 in general (e.g., as in
the delisting regulations at Sec. 260.22 prior to this final rule) did
not identify specific SW-846 methods. Rather, this requirement
typically included the regulation of many different analytes which
could be determined by many different methods. Almost every update to
SW-846 includes at least one method that may be applicable to one or
more of these general analytical requirements. Therefore, whenever SW-
846 was updated to revise or add methods, EPA had to incorporate by
reference all of the new and revised methods into the RCRA regulations
as part of a rulemaking. EPA issued the updates as a proposed rule,
requested public comment, and then promulgated the update in a final
rule. This lengthy process delayed the timely use of the new analytical
technologies.
On October 30, 2002 (67 FR 66251-66301), EPA proposed to remove
from the regulations a requirement to use a method found in SW-846,
except when that method is the only one capable of measuring the
particular property. At that time, we described our reasons for wanting
to remove this requirement from the regulations, including the Agency's
desire to fully implement a performance-based measurement system (PBMS)
in the RCRA program. Specifically, we noted that such a change would:
(1) Allow the regulated community more flexibility in method use during
RCRA-required testing; (2) stimulate the development and timely use of
innovative and more cost-effective monitoring technologies and
approaches in the RCRA program; (3) allow more efficient and timely
releases of SW-846 methods by decoupling most of the methods from
required uses in the RCRA regulations; and (4) make the RCRA program
more effective by focusing on measurement objectives rather than on
measurement technologies. As noted, the Agency proposed to restrict the
requirement to use a specific SW-846 method to only those situations
where its particular procedure is the only one that is capable of
measuring the property (i.e., a method-defined parameter, or MDP). For
example, to determine whether the levels of hazardous constituents in a
particular waste stream are equal to or greater than the toxicity
characteristic (TC) levels specified in Sec. 261.24, waste generators
must test their waste using SW-846 Method 1311, the ``Toxicity
Characteristic Leaching Procedure,'' or ``TCLP.'' If levels in the
waste are greater than or equal to the TC levels, the waste is a
hazardous waste and is subject to the RCRA hazardous waste regulations.
This is the only reliable method for determining whether TC levels are
met. Thus, testing of any material to determine whether it meets the
Toxicity Characteristic levels must be done using the TCLP. EPA
describes the measurement obtained from the TCLP, as well as from
certain other methods, as a required ``method-defined parameter.''
We requested public comment on the proposed revisions to the RCRA
regulations, although not to the method-defined parameters, and
received comments on the proposed action from over 20 different
commenters, which included representatives of Federal Government
agencies, State Government agencies, industry, waste generation and
management entities, and analytical laboratories. The majority (86%) of
the commenters generally supported, with comment, the MIR action and
EPA's efforts to allow more flexibility in method selection when
conducting RCRA-related sampling and analysis. Regarding the positive
comments, one commenter, a state agency representative, applauded EPA
for recognizing that regulating does not have to be prescriptive.
Another commenter, a representative of analytical laboratories,
believed that the additional flexibility will result in data quality
improvements. Two representatives of waste generation or management
entities concurred with EPA that the majority of the MIR revisions
should make it easier and more cost effective to comply with RCRA-
related regulations.
For the most part, the negative public comments may have reflected
a misunderstanding of certain important aspects and premises of the
MIR, which we are clarifying in our responses to those comments. With
respect to other negative comments, the Agency expects that the
discussion below will further clarify the purposes and premises of the
MIR, and will clarify options for dealing with the inherent flexibility
of this approach. Also, the Agency will continue to provide training on
the concepts of this rule to further clarify its intent and support its
implementation. You will find a background document containing our
complete responses to all relevant public comments in the docket to
this rule, docket number RCRA-2002-0025, at the location listed above
under ADDRESSES. Some of the public comments are also addressed within
this preamble to the final rule.
Based on our review of the public comments regarding the October
30, 2002 proposed rule, we are proceeding with publication of this
final rule, which finalizes the proposed revisions to the RCRA
regulations. That is, this rule removes unnecessary required uses of
SW-846 in general and it removes any unnecessary required uses of
specific SW-846 methods. Other reliable methods can now be used by the
regulated public for compliance with the affected regulations. This
action also encourages the timely use of new and innovative methods
outside of SW-846 in that, for most sampling and analysis scenarios, it
will not be necessary to submit an equivalency petition when using a
non-SW-846 method. However, some regulations will still require use of
a specific SW-846 method when that method is for determination of a
RCRA-required method-defined parameter (MDP); in those cases, a
regulated entity has to submit an equivalency petition and receive
approval of that petition from the Agency before an alternative method
can be used.
This final rule will allow the Agency to make final updates to SW-
846 available in a more timely manner. For example, soon after
publication of this document, we will announce the availability of
Final Update IV (see section VIII of this document). The methods of
Final Update IV did not have to go through the rulemaking process
because, with publication of this final rule, SW-846 is no longer
required in general by any existing RCRA regulation and none of the new
or revised methods in Update IV are specifically required by any RCRA
regulation for the analysis of method-defined parameters (MDPs).
However, we did solicit and consider public comments on the methods
through Federal Register notices, see 63 FR 25430-25438, May 8, 1998
(Draft
[[Page 34541]]
Update IVA), and 65 FR 70678-70681, November 27, 2000 (Draft Update
IVB).
A. Public Comments Regarding How To Determine if a Method Is
Appropriate
In section III.A of the preamble to the October 30, 2002 proposed
rule, we discussed our proposed revisions to remove the requirement to
use SW-846 methods by adding regulatory language allowing the use of
appropriate methods such as those found in SW-846 or other reliable
sources. In the preamble of the proposed rule, we provided guidance on
how to determine if a method is appropriate for its analytical purpose.
Specifically, we mentioned that such a method might be one published by
EPA in a different manual or regulation or published by another
government agency, a voluntary standards setting organization, or other
well-known sources. We also proposed to retain mention of the SW-846
methods in the regulations as guidance and as examples of methods that
could be appropriate.
In the proposed rule preamble, we gave two primary considerations
in selecting an appropriate method, which together serve as our general
definition of an appropriate method. As done in the preamble to the
proposed rule, the text to follow explains each of these concepts and
identifies other guidance that may be helpful to the regulated
community.
1. Appropriate methods are reliable and accepted as such in the
scientific community.
2. Appropriate methods generate effective data.
Regarding the first consideration, we noted that methods which are
reliable and accepted in the scientific community might include those
published by the Agency or other government entities using techniques
that have documented reliability. SW-846 methods, for example, are
reviewed by a technical workgroup composed of national expert-level
chemists who provide peer input and determine whether method
reliability is sufficiently documented. The technical reliability and
acceptance of other methods published by other governmental or non-
governmental organizations may also be documented, especially if the
methods are subjected to some form of objective scientific review. For
instance, to qualify for recognition as having developed a voluntary
consensus standard (e.g., analytical method) under the National
Technology Transfer & Advancement Act of 1995 (NTTAA), an organization
must produce standards by consensus, observe the principles of openness
and balance of interests, and provide due process, including an appeals
process.
Regarding the second consideration in the identification of
appropriate methods--generation of effective data--we described in the
preamble to the proposed rule examples of tools that might be used in
this determination. This consideration is project-specific and
therefore the tools and criteria will be different for each analytical
effort. As stated in the proposed rule preamble, effective data are
data of sufficiently known and appropriate quality to be used in making
project-specific decisions. An example of such a decision is whether a
particular waste is hazardous because a constituent of concern is
present above a level of concern. Before sampling and analysis begins,
project planners should identify why the analysis is being done, how
the data will be used, and how ``good'' the data has to be (e.g., the
quality objectives for the project as established through a systematic
planning process). Effective data meet the quality objectives set by
the project planners for the specific project. The quality objectives
should be rationally and systematically identified during the planning
of the project and development of the project-specific Quality
Assurance Project Plan (QAPP), Waste Analysis Plan (WAP), Sampling and
Analysis Plan (SAP), or other appropriate systematic planning document.
Sampling and analysis documentation should be sufficient to confirm
that the data are effective and that the selected method is
appropriate.
Quality objectives generally refer to the necessary quality of the
overall decision to be made or, in other words, the tolerable error
(i.e., acceptable level of uncertainty for the decision). For example,
a quality objective for waste analysis may be that one must demonstrate
that an analyte is not present above the reported level at the 80
percent upper confidence around the mean, and that the method could
have detected the presence of the analyte at that level and confidence
limit. A quality objective may be specified in a regulation, a permit,
a corrective action agreement, or other regulatory or enforcement
document. Sometimes you must consider a quality objective regulatory
specification when selecting an appropriate method. For example, the
RCRA comparable fuels' provisions include quality objectives in lieu of
naming the use of specific methods (see 63 FR 33781, June 19, 1998).
You can find guidance on the development of formal data quality
objectives (DQOs) in EPA's ``Guidance for the Data Quality Objectives
Process'' (EPA QA/G-4) found at EPA's Quality Staff's Web site (http://www.epa.gov/quality/), in Chapter One, ``Quality Control,'' of SW-846,
and in ASTM D 5792, ``Standard Practice for Generation of Environmental
Data Related to Waste Management Activities: Development of Data
Quality Objectives.'' You may also use other scientifically valid
systematic planning processes for developing quality objectives based
on specific project needs.
In the project planning document, you should identify the types of
quality control (QC) concepts (e.g., spike recovery analyses, blanks,
etc.) you will use to determine if you meet your objectives. For
example, selection of an appropriate method is sometimes demonstrated
by adequate recovery of spiked or surrogate analytes and reproducible
results, or through successful analysis of a standard reference
material of a matrix-type analogous to that of the actual sample
matrix. The method may not be appropriate for its intended use if your
data show inadequate recovery of an analyte at a level that impairs a
decision regarding whether the analyte is present at or below its
regulatory level. Such a method would not generate effective data.
Based on your QC data, you should determine whether the method
generates results that are sufficiently sensitive, unbiased, and
precise to demonstrate compliance with the subject regulation.
However, you should not just focus on controlling or documenting
analytical quality, because regulatory decisions are also susceptible
to error due to sampling procedures. If the contaminant variability is
not properly addressed during the planning and collection of samples,
an incorrect decision could be reached even though the method performed
well in terms of laboratory quality control. No matter how accurate or
precise the laboratory analysis, the data will provide misleading
information if excessive error is introduced by improper sampling
procedures. Guidance on identifying the necessary quality control
procedures and on minimizing the potential for both analytical and
sampling error can be found at the EPA Quality Staff's Web site (http://www.epa.gov/quality/) or in Chapters One, Two, and Nine of SW-846. In
addition, guidance on determining and demonstrating the appropriateness
of a selected measurement method for a particular application may be
found in ASTM D 6956-03, ``Standard Guide for Demonstrating and
Assessing Whether a Chemical Analytical Measurement
[[Page 34542]]
System Provides Analytical Results Consistent with Their Intended
Use.''
Finally, EPA noted in the proposed rule preamble that you should
identify appropriate methods for a specific project before sampling and
analysis begins. As the regulated entity, you are ultimately
responsible for compliance with a particular regulation. Therefore, you
should not rely on the laboratory or other project participant to
select an appropriate method. We recommend that you consult with your
regulating authority during identification of performance goals and the
selection of appropriate methods.
We requested and received public comment on the above
considerations and on the proposal to allow the use of appropriate
methods such as those found in SW-846 or other reliable sources. One
supportive commenter believed the Agency had provided sufficient
guidance in the preamble to the proposed rule on how to identify
appropriate methods. As discussed below, a few commenters requested
additional guidance regarding the selection of appropriate methods or
had questions regarding the approach.
One commenter requested that an appropriate method definition be
codified in the regulations. The Agency believes that codification of
an appropriate method definition would be both very difficult and
contrary to the intent and purpose of this rule, given the project-
specific nature of ``appropriate method selection'' and the wide
variety of data collection objectives that may be encountered. In the
paragraphs above, the Agency has provided the key generic
considerations for appropriate method selection, which together serve
as our general definition for an appropriate method, and identified
guidance sources, in the hope that this information will assist readers
of this rule during the selection of appropriate methods, regardless of
whether the methods are from SW-846 or other sources. In addition,
since publication of the proposed rule, ASTM International published D
6956-03, ``Standard Guide for Demonstrating and Assessing Whether a
Chemical Analytical Measurement System Provides Analytical Results
Consistent with Their Intended Use.'' This guidance document is not
required by any EPA program, but may be useful to the regulated
community during the selection of appropriate methods and during the
evaluation of analytical results. The document can be obtained from
ASTM by visiting its Web site at http://www.ASTM.org or by writing to:
ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19418-2959. EPA also plans to continue to provide
training to affected entities on the concepts of this rule and to
support its implementation. When using any appropriate method, you
should be able to determine the analyte of concern (e.g., the regulated
constituent to be measured), in the matrix of concern (e.g., the
physical substance which might contain the regulated constituent), at
the level of concern (e.g., the regulated level of or the action level
for the analyte).
One commenter was concerned that the regulated public might use
other methods that do not meet the QC criteria in the SW-846 methods.
The Agency does not believe that this should be a concern. The
performance data and QC criteria given in the SW-846 methods are only
examples, and are not requirements for analysis. The SW-846 example
criteria may not be appropriate for every analytical purpose.
Establishing QC criteria is a project planning issue and not a method
issue. Methods should be adapted into standard operating procedures
(SOPs) to meet QC criteria from systematic planning documents, not the
other way around. Some analytical applications may require more or less
stringent QC criteria than that given as examples in the SW-846
methods, and it would be contrary to promoting a PBMS approach if all
analyses using any methods are expected to conform to the example
criteria published in SW-846 methods. Sometimes, even when using an SW-
846 method, it may not be necessary to fully meet its example
performance criteria because project-specific quality objectives may
not require evaluation of the same performance indicators or the
criteria may not be appropriate to the specific application. In keeping
with a PBMS approach and the goals of this rule, performance criteria
should be determined on a project-specific basis during the planning
stage.
Another commenter was concerned that some regulated entities might
use methods that were not originally developed for environmental
purposes, and thus data validity may be suspect. Provided that the
method is appropriate based on the factors discussed above and in the
proposed rule preamble, we do not believe that this should be a
concern. If the data are suspect or otherwise not of sufficient quality
for their intended use, then the method is not appropriate, regardless
of its source, and thus the data are not acceptable for demonstrating
compliance. Regardless of the original purpose or source of a method,
it can be an appropriate method if it generates effective data, e.g.,
the data quality objectives and performance criteria are met. Even an
SW-846 method may not be appropriate for a particular application if it
does not generate effective data. In addition, the application of
method technologies from other disciplines promotes the use of
innovative approaches and technologies, which may benefit RCRA-related
analyses. Finally, many of the analytical techniques used today in
environmental analyses were initially developed for other purposes.
One commenter agreed with EPA's approach to appropriate method
selection, but had comments regarding the data quality objectives
approach. The commenter believed that the DQO approach can be expensive
and is not usually used during small analytical projects. In response,
the Agency notes that, when data are being used in decision making
involving two clearly alternative conditions (e.g., compliance vs.
noncompliance with a regulatory standard), the Agency's recommended
systematic planning tool is the DQO process. While there is no
regulatory obligation to use the DQO process, it is the recommended
planning approach for many EPA data collection activities. However, the
DQO process may be too complicated for some projects and is not the
only way to generate quality data through systematic planning. It is
presented here in the MIR only as an example of an approach involving
systematic planning. However, at a minimum, the Agency recommends that
some form of systematic planning be implemented for every data
collection effort in order to generate effective data, and notes that
such systematic planning should also involve consideration of cost.
Systematic planning is a common sense approach, designed to ensure that
the level of detail in planning is commensurate with the importance and
intended use of the work and the available resources.
One commenter supported EPA's proposed flexibility, but thought
that EPA should continue to use SW-846 as the primary vehicle for
making recommendations regarding procedures that will meet minimum
quality objectives for RCRA analyses. Thus, one would not be required
to use SW-846 methods, but could choose to use them and be confident
that they are appropriate sampling and analysis procedures, provided
that they can be demonstrated to meet project quality objectives.
Another commenter believed that it would be unrealistic for a regulated
entity to agree to the use of other methods if EPA has not approved
them. The commenter believed that such approval would guarantee
[[Page 34543]]
acceptance of the data, provided that the method was properly followed.
First, it should be noted that there are no ``PBMS methods.'' PBMS
is a regulatory approach where what has to be accomplished is
specified, rather than how the monitoring is to be conducted. Under
such a system, regulated entities are permitted to employ any method
that is technically adequate to accomplish the compliance
demonstration. Regarding EPA's approval of PBMS, EPA has already stated
its objective to employ the performance approach in its regulatory and
other monitoring programs to the extent feasible. On October 6, 1997
(62 FR 52098-52100), EPA published in the Federal Register its intent
to adopt PBMS agency-wide. Subsequently, on May 8, 1998 (63 FR 25430-
25438), EPA published in the Federal Register a notice of intent and
request for comment regarding its plans to reform implementation of
RCRA-related monitoring by formally adopting PBMS and by removing
unnecessary required uses of methods from the RCRA regulations (part of
PBMS).
EPA also believes that method selection should be a project-
specific decision and therefore cannot recommend or approve any
methods--even SW-846 methods--as always being appropriate for any given
application. For that very reason, with this rule, EPA removed the
requirement to use SW-846 methods, except when the methods are the only
ones capable of measuring a particular property. Relying on the fact
that a method is contained in SW-846 does not guarantee that the method
will always generate effective data under any situation. If the SW-846
method is not an appropriate method for its intended application,
following it exactly could generate erroneous data and could fail to
demonstrate compliance with the RCRA requirements.
Second, EPA does not agree with the recommendation that it
categorically state that any method is always an effective means of
demonstrating compliance (with the exception of methods for the
analysis of method-defined parameters) since the Agency has no way of
knowing that a particular method is going to yield valid data in all
potential situations and it goes counter to the performance approach
which requires that regulated entities demonstrate compliance using
data of known and documented quality. The Agency believes that it is up
to the individual regulated entity to decide which methods are
appropriate to use for any given compliance demonstration and that this
determination should be initiated during the project planning stage.
When considering method selection, the analytical performance
indicators are key to the specific project goals that should be
considered. Examples of analytical performance indicators that might be
addressed include method sensitivity and selectivity, precision, bias,
and reproducibility. The data user may even choose to revise method
selection if additional information gathered during the project
indicate that the initial selection was not appropriate. Therefore,
method selection is a project-specific activity implemented by the
regulated entity, and EPA's only concern is that the generated data be
effective for its purpose, regardless of the method selection. The
Agency does recommend that a regulated entity seek assistance from its
regulating authority should the regulated entity have concerns
regarding the use of any particular method. EPA also notes that
guidance regarding demonstrating the performance of a given analytical
method can be found in EPA-published guidance documents (some of which
are listed above) and documents published by other Agencies (e.g.,
ASTM).
One commenter was concerned regarding how method performance would
be demonstrated under PBMS. The commenter claimed that implementation
of a PBMS approach is very difficult and that, for it to work, there
must be a ``reference method'' to be used as a benchmark against which
to measure other methods.
EPA notes that the RCRA program does not use reference methods.
Many different methods produce effective data for a particular project,
which are not necessarily ``equivalent,'' but all could be
``applicable.'' For example, there are many analytical methodologies
that can be used in analyzing a particular metal species (e.g., ICAP,
AA). In selecting a particular method for metal analysis, the analyst
will consider analytical costs, accuracy and sensitivity needed,
freedom from potential interferences, amount of sample required for an
analysis, reagents to be used, and other factors in the overall process
to select a method that will yield effective data at the lowest cost to
the user. These factors should be considered when evaluating any
method, including those published in SW-846, and the user needs to
conduct the appropriate verifications to demonstrate the
appropriateness of any method that is selected against its intended
application. There are a number of approaches that can be used to
demonstrate that a method is valid for a particular use. These include:
use of appropriate reference standards, analysis of spiked samples,
comparison of results to results generated using a method that employs
a fundamentally different measurement process and would not be subject
to the same potential interferences, etc. For further guidance in
demonstrating method validity, see the previously cited ASTM document D
6956-03, ``Standard Guide for Demonstrating and Assessing Whether a
Chemical Analytical Measurement System Provides Analytical Results
Consistent with their Intended Use.''
B. Public Comments Regarding Other Approaches
As explained in section III.B of the proposed rule preamble, EPA
considered several approaches to promoting ``method use'' flexibility
in the RCRA regulations. We selected the ``appropriate method''
approach because it is universally applicable to the subject RCRA
regulations. It also requires only minimal revisions to the regulations
for implementation.
In addition, the option to use ``appropriate methods'' is not new
to the RCRA regulations. For example, use of the TCLP, SW-846 Method
1311, is required for determining whether a waste is hazardous for the
toxicity characteristic (the TC). It generates an extract (the
leachate) which is subject to a determinative analysis for comparison
with the TC regulatory limits. However, the TCLP procedure does not
require specific analytical methods for the leachate determinative
analysis, nor does it specify the use of even SW-846 methods in general
for such analysis of the leachate. It allows method flexibility similar
to that proposed by this rule by stating in section 7.2.14: ``The TCLP
extract shall be prepared and analyzed according to appropriate
analytical methods.''
Nevertheless, in the proposed rule preamble, the Agency requested
the public's opinion on two alternative approaches that we considered
during development of this rulemaking.
1. As a variation to the ``appropriate method'' approach described
above, should we remove mention of SW-846 methods as examples of
potentially appropriate methods from the subject regulations?
2. In lieu of the ``appropriate method'' approach, should we
instead add specific measures of required measurement system
performance or data quality objectives to each regulation, such as done
in the comparable fuel rulemaking, and not mention or require the use
of an appropriate method (including any SW-846 methods)? In the
proposed MIR, we did not select this approach because it
[[Page 34544]]
might require significant regulatory changes with difficult to quantify
impacts.
Most of the commenters preferred that EPA retain mention of SW-846
in the regulations as examples of potentially appropriate methods.
However, some of these commenters appeared to believe that, by
mentioning SW-846 methods as examples, it meant that such methods will
always be appropriate for every data collection effort addressed by the
regulation, and thus the performance of other candidate methods should
be compared with the performance of the similar SW-846 method. One
commenter wanted the Agency to legally recognize that the SW-846
methods are appropriate methods under the RCRA regulations.
The Agency strongly disagrees with commenters that SW-846 methods
should be identified as always appropriate. As explained in section
III.A of this rule, the determination of an appropriate method should
be made on a project-specific basis and involves consideration of
various project-specific objectives and criteria. As noted, an
appropriate method might be one published by EPA in a different manual
from SW-846 or might be a method published by a different government
agency, a voluntary standards setting organization, or other well-known
scientific sources. Whether a method is contained in SW-846 is not a
primary criterion for determining if a method is appropriate. For
example, there is a common misconception that the different SW-846
methods for sample extraction all have the same extraction efficiency,
which is not the case at all, since the methods were intended to be
appropriate for different applications. Methods found in other
publications may be more appropriate based on the project-specific
considerations.
Regarding the addition of performance criteria to the regulations,
a few commenters did prefer that such criteria be added to the
regulations. However, these commenters did not provide suggestions
regarding how to best resolve those instances when such an approach
might result in requiring use of methods which are more accurate or
sensitive than necessary (with the result that monitoring costs may
increase unnecessarily) or in other cases would not yield data of a
sufficient quality to definitively determine if a facility is in
compliance with a regulatory or permit level. Given these impact issues
and the project-specific nature of what determines an appropriate
method, it would be contrary to the purpose of this rulemaking and very
difficult to develop and implement performance criteria and definitions
that would be universally applicable. EPA therefore decided against
adding criteria at this time to all of the regulations. We strongly
believe that the appropriate method determination should be made on a
project-specific basis by those familiar with the purpose of the
analysis and should not be dictated by regulatory definition. EPA
believes that generic performance criteria assigned by EPA would not
assure consistent application of PBMS, but rather might discourage a
PBMS application and flexibility in method selection and use. However,
to further evaluate this issue, the Agency's Forum on Environmental
Measurements (FEM) has formed an Action Team to address issues related
to implementation of the performance approach. It is anticipated that
the Action Team will address issues related to data quality and data
quality documentation for use by all Agency programs.
In conclusion, as a result of consideration of all comments, we
decided to not add performance criteria to the regulations. In
addition, unlike the proposal, we decided to not include any references
to SW-846 or ``using appropriate methods such as those found in * * *
SW-846'' in the regulatory provisions because those references to SW-
846 were unnecessary and, based on public comment, the regulated
community may continue to believe that SW-846 methods will always be
most appropriate.
C. Public Comments Regarding Impacts From Removal of Required Uses of
SW-846 Methods
In the preamble to the proposed rule, we summarized the expected
impacts on the regulated entities and the states, and requested public
comment on the assumptions made in the analysis. We also requested
public comment on the impact of this rule and how we might promote its
successful implementation. The paragraphs to follow summarize our
impact assumptions and provide our responses to some of the public
comments regarding these topics.
As a result of this final rule, you can use any appropriate
analytical test method in demonstrating compliance with the RCRA
regulations, except for those regulatory provisions involving method-
defined parameters. We believe that this action will not significantly
or adversely impact the regulated community or other potentially
affected parties because the Agency is not adding any additional
regulatory requirements to the RCRA regulations, but rather is
clarifying and expanding the flexibility that regulated entities have
had in selecting appropriate methods to employ to demonstrate
compliance whether or not such methods were described in SW-846. By
making it clear that one may use any appropriate method, regulated
entities may be able to cut the cost of compliance monitoring by using
less expensive methods. Regulated entities may continue to use SW-846
methods to demonstrate compliance when it is appropriate to do so, and
thus experience no impact from this rulemaking. EPA will also continue
to publish and update SW-846 methods and ensure their scientific
soundness by following peer review guidelines and requesting public
comment on the methods through Federal Register notices.
Thus, as we noted in section III.C of the proposed rule preamble,
the primary impact of this rule will be better analytical results
(e.g., due to paying better attention to method performance). The
Agency also anticipates a tendency toward lower costs during compliance
with the affected RCRA regulations because project planners may
identify methods that are potentially less costly to use. Meanwhile,
EPA also will continue to provide training and utilize our pool of
Agency technical experts to serve the public by answering questions
regarding the use of test methods during RCRA-related compliance
activities.
Also, a demonstration that another method is appropriate is already
allowed within RCRA-related sampling and analysis and will not involve
much more than what regulated entities already should be doing. For
example, as the regulated entity, you should already be setting method
performance goals in your Quality Assurance Project Plan (QAPP),
Sampling and Analysis Plan (SAP), or other systematic planning document
and then evaluating compliance with those goals based on data quality
indicators, including when using SW-846 methods.
Regarding public concerns about the comparability of data generated
by different methods for the same purpose, we noted in the proposed
rule preamble that this practice is not new because some regulations
already allow the use of more than one method. We also do not believe
that this should be a concern, provided that any alternative method is
also an appropriate method as defined above. Specifically, if both
methods generate effective data and meet the data quality objectives of
the project, then results from both methods will be acceptable for
demonstrating compliance. In addition, for situations where trends or
comparability are to be
[[Page 34545]]
determined, measurement quality objectives should be selected for use
in selecting methods to be used that will ensure that, for whatever
desired level of difference one desires to determine, the data will be
suitable for the purpose. This has always been EPA's approach in
comparing data by different methods, and it is not affected or changed
by this rule.
Some commenters preferred a more prescriptive approach in the
regulations because method-specific requirements remove the burden of
method-selection as it is believed that this translates into lower
costs and greater agreement between permit writers and other project
participants who may not have method-selection expertise. Because of
consequences of this approach, the Agency believes it is undesirable. A
major problem with the prescriptive-or mandated-methods approach is
that it can lead to data of poor quality which can result in an
incorrect assessment of compliance. Another problem is that the
regulated community may not systematically plan their data collection
efforts and thus not fully understand their project-specific goals.
Method-selection decisions should be project specific and thus,
specific methods should not be required in the regulations.
Some commenters also expressed concern regarding the impact of this
rule on existing RCRA permits. RCRA permits are typically effective up
to ten years. This rule will only effect new or reissued permits, and
only to allow more flexibility in method selection. Therefore, RCRA
permits will not be adversely impacted by this action.
Finally, this rule does not add new information collection or
reporting requirements for regulated entities. Section 260.22(i)
(reporting requirements for petitions to exclude wastes) and Sec. Sec.
264.13(b) and 265.13(b) (reporting requirements for owners and
operators of hazardous waste management facilities) provide sufficient
reporting requirements to cover RCRA-related testing and analysis
documentation regarding the use of other appropriate methods.
One commenter agreed, regarding impact of the rule, that the MIR
will greatly benefit those situations where repeated analyses are
needed, such as for a RCRA corrective action or for a WAP for a
hazardous waste treatment, storage, or disposal facility (TSDF).
However, the commenter also believed that smaller entities involved in
waste analyses, such as small quantity generators (SQGs) will probably
not benefit from the MIR. For the reasons given above, EPA believes
that the impact of this rule will not be significant for any generator,
including small quantity generators (SQGs), largely because the
flexibility of method selection will provide better analytical results
at a lower cost. Project planners and laboratories used by SQGs will
identify methods that are potentially less costly and yet provide
effective data. EPA believes that the regulated community will choose
appropriate methods based on cost and data quality advantages, and
therefore all regulated entities, including SQGs, could benefit from
this rule.
One other commenter believed that if PBMS is adopted, prior
approval by the State or other regulator of the method should be
mandatory. The commenter argued that State reviewers are more familiar
with SW-846 methods and data indicators and that a state's
unfamiliarity with other methods might mean the State may not perform a
timely review of the data.
As explained in the previous section, EPA believes that method
approval prior to use would be contrary to the intent and philosophy of
the performance concept and would negate the positive impacts of this
rule. However, as also noted, the regulated community can consult with
their regulating authority during the identification of performance
goals and the selection of appropriate methods. EPA appreciates the
commenter's concern regarding potentially negative impacts on the
timely review of data. It is true some delay in data review may occur
if the reviewer is not familiar with the procedure. Nevertheless,
review of data should not be a new step in the process since effected
entities should already be reviewing data indicators from the SW-846
methods during RCRA-related sampling and analysis. Once the reviewer
and user become more familiar with a new method, less time will be
needed to perform an equally thorough review. In the end, we believe
the benefits of modifying the rules will far outweigh these potential
impacts on data review time through the improvement of data
effectiveness and a decrease in other costs. To help mitigate any
potential negative impacts, we will continue to provide training and
our staff are available to assist you during all stages of the process.
Some commenters expressed a concern that this action will impose an
additional resource burden on States. In response, we note that the
regulatory changes in this rule are equivalent to or less stringent
than the existing Federal regulations which they amend. Therefore,
authorized States are not required to adopt and seek authorization for
this rulemaking within their programs. If a State believes that
adoption may be too burdensome on their resources, then they need not
adopt the revised regulations. Nevertheless, we encourage the adoption
of these or similar revisions by authorized States in order to promote
the national adoption of the performance approach in environmental
regulations, permits, and monitoring. In addition, if States choose to
adopt these revisions, the impact should not be significant since they
already conduct method selection and data quality reviews to determine
compliance with their testing and monitoring regulations.
Some commenters expressed a need for communication and training to
assist in implementation of the MIR. We agree and the Agency plans to
continue to provide education and training to States, EPA Regions, and
the regulated community regarding the implementation of this rule,
through such mechanisms as workshops, fact sheets, and Internet
training modules. Over the past seven years, OSW has offered program-
specific training (e.g., ``Analytical Strategy for the RCRA Program: A
Performance-Based Approach'') for EPA Headquarters, Regional, and State
personnel involved in RCRA activities that include sampling and
analysis. The Agency plans to expand its performance approach training
program and offer other courses on the evaluation of data and permit
writing from a PBMS and effective data standpoint. These communication
and training efforts will help ensure consistency in implementation of
this and other Agency performance-based rules by the States, Regions,
and regulated community and help limit any associated costs.
IV. Regulatory Revisions Involving Removal of SW-846 Requirements
In section IV of the proposed rule preamble, EPA listed and
discussed each of the proposed regulatory revisions which removed the
requirement to use SW-846 methods and stated that appropriate methods
may be used. We requested public comment on these individual regulatory
section revisions (e.g., comments regarding any impacts on
implementation of each affected regulation that we may have overlooked)
and in general did not receive any significant negative comments
regarding the removal of the SW-846 requirements from any of the
regulations. We are therefore finalizing the removal of the requirement
to use SW-846 in those regulatory sections.
[[Page 34546]]
In addition, we are finalizing revisions to three conditional
delistings in part 261, appendix IX, which were not included in the
proposed rule, but which, like those delistings that were included in
the proposal, unnecessarily require the use of SW-846 methods. We
announced our intent to revise these delistings in a memorandum to the
facilities and to the relevant EPA Regional offices. We gave the
entities three weeks to comment on the revisions. One of the affected
companies did not respond to the memorandum, while the other two
companies responded, but did not have comments regarding the revisions.
Therefore, we decided to proceed with finalizing the revisions to
these three delistings. The revisions to the conditional delistings are
very similar to the other conditional delistings. We did not receive
negative comments regarding the general removal of required uses of SW-
846 in any of the conditional delistings listed in the proposed rule.
We believe that these revisions are fully consistent with EPA's
original intent to make such changes to any conditional delisting, or
other regulations, which unnecessarily required the use of SW-846
methods for analyses other than for required MDPs.
The additional conditional delistings revised by this final rule
are found in Table 1 of appendix IX of part 261 and address delisted
wastes at the following facilities:
--Bekaert Corp., Dyersburg, TN
--OxyVinyls, L.P., Deer Park, TX
--Tokusen USA, Inc., Conway, AR
In addition, since publication of the proposed MIR, the Office of
Federal Register (OFR) revised its format for incorporation by
reference. Specifically, the OFR requires that the MDP methods
incorporated by reference at Sec. 260.11 be specifically mentioned in
the relevant sections of the regulations, and not just include
referrals to Sec. 260.11. Therefore, in the conditional exclusion
listings of part 261, appendix IX, we included a listing of the method-
defined parameter methods to replace our proposed language stating that
the methods listed in Sec. 260.11 must be used without substitution
when required. Those methods must be used as applicable to the
particular delisting.
Finally regarding the conditional delistings, we are taking this
opportunity to make several editorial corrections to Tables 1, 2 and 3
of appendix IX of part 261, which in no way substantially change or
remove any requirements. We are removing repeats of the Bekaert Corp.,
Dyersburg, TN, conditional delisting from Tables 2 and 3 of appendix IX
of part 261 because those entries were added to the tables in error.
The Bekaert Corp. conditional delisting is for an F006 waste, which is
from a non-specific source, and therefore the delisting only belongs in
Table 1, which lists wastes excluded from non-specific sources (i.e.,
``F'' coded listed wastes). Tables 2 and 3 of appendix IX of part 261
are meant to only list the conditional delistings of wastes excluded
from specific sources (Table 2, i.e., ``K'' coded listed wastes) or
from commercial chemical products, off-specification species, container
residues, and soil residues thereof (Table 3, i.e., ``P'' and ``U''
coded listed wastes). Similarly, we are removing the OxyVinyls, Dear
Park, TX, delisting from Table 1 and adding it to Table 2 of appendix
IX. This is necessary because the OxyVinyls' delisting addresses K017,
K019, and K020 wastes and was incorrectly placed in Table 1. Since
these are changes that do not affect the implementation of the
regulations, or add new or remove existing regulatory requirements, the
Agency is providing notice of the changes without opportunity for
comment.
Table 2 lists the regulatory revisions finalized by this rule to
remove the requirement to use SW-846 methods and allow the flexibility
to use other appropriate methods. As noted in the previous section of
this preamble, the proposed references to ``using appropriate methods
such as those found in * * * SW-846'' is not being included in the
final regulation because the Agency decided that those references to
SW-846 were unnecessary and because the regulated community may
continue to believe that SW-846 methods will always be most
appropriate. Finally, we corrected our proposed revision to Sec.
261.35(b)(2)(iii)(B) by adding the relevant data from Table 1 of Method
8290 to the regulatory text so that Method 8290 (which contained the
table but is not an MDP method) no longer has to be incorporated by
reference. In the proposed rule, Sec. 261.35(b)(2)(iii)(B) read as
follows: ``Not detected means at or below the lower method calibration
limit (MCL) in SW-846 Method 8290, Table 1. Other appropriate methods
from other reliable sources may be used provided that these criteria
are met.'' In the final rule, we copied the relevant data from Table 1
directly into Sec. 261.35(b)(2)(iii)(B) and so it is no longer
necessary to mention Method 8290.
Table 2.--Revisions to RCRA Regulations to Remove Required Uses of SW-
846 Methods
------------------------------------------------------------------------
Regulation Affected topic or program
------------------------------------------------------------------------
Sec. 260.22(d)(1)(i)........ Petitions to exclude waste from a
particular facility.
Appendix IX to part 261....... Wastes excluded under Sec. Sec.
260.20 and 260.22.
Sec. Sec. Deletion of certain waste codes
261.35(b)(2)(iii)(A) and (B). following equipment cleaning.
Sec. 261.38(c)(7)........... Comparable/syngas fuel exclusion.
Sec. Sec. Air emission standards for process vents
264.1034(d)(1)(iii), and equipment leaks.
264.1063(d)(2),
265.1034(d)(1)(iii), and
265.1063(d)(2).
Sec. Sec. Air emission control requirements for
265.1084(a)(3)(iii) and tanks, surface impoundments, and
(b)(3)(iii), and containers.
265.1084(a)(3)(ii)(C),
(b)(3)(ii)(C), and (c)(3)(i).
Sec. Sec. 266.100(d)(1)(ii) Hazardous wastes burned in boilers and
and (g)(2), and 266.102(b)(1). industrial furnaces (BIFs).
Sec. 266.106(a)............. Control of metal emissions at BIFs.
Sec. Sec. 266.112(b)(1) and Residues from burning of wastes in BIFs.
(b)(2)(i).
Appendix IX, part 266......... Methods Manual for BIF regulations.
Sec. Sec. 270.19(c)(1)(iii) Part B information and trial burn plan
and (iv), requirements for incinerators and BIFs.
270.22(a)(2)(ii)(B),
270.62(b)(2)(i)(C) and (D),
270.66(c)(2)(i) and (ii).
------------------------------------------------------------------------
This rule also revises the incorporation by reference of SW-846 in
Sec. 260.11 so that the paragraph only includes SW-846 methods that
are required for method-defined parameters. Therefore, for each section
where we removed the requirement to use only SW-846 methods, we also
removed the SW-846 incorporation by reference.
[[Page 34547]]
Prior to this rule, all methods of SW-846 were incorporated by
reference at Sec. 260.11 ``when used'' within the RCRA regulations.
All of SW-846 had to be incorporated by reference because some RCRA
regulations required in general the SW-846 methods, e.g., the delisting
regulations at Sec. 260.22(d)(1)(i). The required methods had to be
incorporated by reference because their full text is too lengthy for
publishing directly in the regulations and the methods are readily
available to the public in the SW-846 manual. As a result of this rule,
we are limiting the requirement to use SW-846 methods to when the
methods analyze required method-defined parameters. Therefore, we
revised Sec. 260.11 to remove the incorporation by reference of all
SW-846 methods, except those SW-846 methods that may be required for
the analyses of method-defined parameters. Those methods will remain
incorporated by reference when used for method-defined parameters and
required by the RCRA regulations.
It is important to note that, while a method is listed in Sec.
260.11 because it is used for analysis of a method-defined parameter,
it also may be used for non-mandatory purposes. In those cases where
the method is required by a specific regulation and is listed in
260.11, it is a method-defined parameter. For example, Method 9010C,
``Total and Amenable Cyanide: Distillation,'' and Method 9012B, ``Total
and Amenable Cyanide (Automated Colorimetric, with Off-line
Distillation)'' are required under Sec. 268.44, the universal
treatment standards of the land disposal restrictions regulations, and
are listed in Sec. 260.11 as required by Sec. 268.44. In that case,
the methods cannot be substituted. However, in other circumstances,
these two methods may be used when they are not required by their
regulations (e.g., during delistings) and in those cases they will only
be considered appropriate methods and not MDPs. It is the application
of a method in a regulation that determines whether a method is being
used to analyze a required method-defined parameter--not simply whether
the method is listed in Sec. 260.11.
The SW-846 methods that remain as incorporated by reference in
Sec. 260.11 are listed in Table 3. The final list is different from
that proposed in that Methods 3542 (``Extraction of Semivolatile
Analytes Collected Using Method 0010 (Modified Method 5 Sampling
Train)'') and 5041A (``Analysis for Desorption of Sorbent Cartridges
from Volatile Organic Sampling Train (VOST)'') are no longer included.
The methods were removed because they are currently not used as method-
defined parameters under the RCRA program.
Table 3.--SW-846 Methods to Remain in Sec. 260.11
------------------------------------------------------------------------
Chapter
SW-846 method location Method title
------------------------------------------------------------------------
0010.......... Ten........... Modified Method 5 Sampling Train.
0011.......... Ten........... Sampling for Selected Aldehyde and
Ketone Emissions from Stationary
Sources.
0020.......... Ten........... Source Assessment Sampling System
(SASS).
0023A......... Ten........... Sampling Method for Polychlorinated
Dibenzo-p-Dioxins and Polychlorinated
Dibenzofuran Emissions from Stationary
Sources.
0030.......... Ten........... Volatile Organic Sampling Train.
0031.......... Ten........... Sampling Method for Volatile Organic
Compounds (SMVOC).
0040.......... Ten........... Sampling of Principal Organic Hazardous
Constituents from Combustion Sources
Using Tedlar[reg] Bags.
0050.......... Ten........... Isokinetic HCl/Cl 2 Emission Sampling
Train.
0051.......... Ten........... Midget Impinger HCl/Cl2 Emission
Sampling Train.
0060.......... Ten........... Determination of Metals in Stack
Emissions.
0061.......... Ten........... Determination of Hexavalent Chromium
Emissions from Stationary Sources.
1010A......... Eight......... Pensky-Martens Closed-Cup Method for
Determining Ignitability.
1020B......... Eight......... Setaflash Closed-Cup Method for
Determining Ignitability.
1110A......... Eight......... Corrosivity Toward Steel.
1310B......... Eight......... Extraction Procedure (EP) and Structural
Integrity Test.
1311.......... Eight......... Toxicity Characteristic Leaching
Procedure.
1312.......... Six........... Synthetic Precipitation Leaching
Procedure.
1320.......... Six........... Multiple Extraction Procedure.
1330A......... Six........... Extraction Procedure for Oily Wastes.
9010C......... Five.......... Total and Amenable Cyanide:
Distillation.
9012B......... Five.......... Total and Amenable Cyanide (Automated
Colorimetric, with Off-line
Distillation).
9040C......... Eight......... pH Electrometric Measurement.
9045D......... Six........... Soil and Waste pH.
9060A......... Five.......... Total Organic Carbon (TOC).
9070A......... Five.......... n-Hexane Extractable Material (HEM) for
Aqueous Samples.
9071B......... Five.......... n-Hexane Extractable Material (HEM) for
Sludge, Sediment, and Solid Samples.
9095B......... Six........... Paint Filter Liquids Test.
------------------------------------------------------------------------
Please note that we are not adding any new methods to Sec.
260.11--each method listed in Table 3 is already a part of SW-846 and
was incorporated by reference during previous rulemakings. For each
method retained as incorporated by reference, we are listing in Sec.
260.11 the promulgated version of the method which was last
incorporated by reference and thus which must be used during regulatory
compliance.
In addition, since proposal of this rule, the Office of Federal
Register (OFR) has revised the format of incorporation by reference
sections within the Federal regulations, for instance, to include
information regarding those regulatory sections or parts that specify
use of the methods. We revised Sec. 260.11(a) to reflect this new
format.
V. Editorial Corrections to SW-846 References in the RCRA Testing and
Monitoring Regulations
In section V of the preamble to the proposed rule, the Agency
proposed to correct inaccurate references to SW-846 (some of which are
logical outgrowths to the revision to Sec. 260.11), and to clarify
method selection flexibility in the RCRA regulations. We did not
receive any negative comments regarding that
[[Page 34548]]
section of the proposed rule and thus are finalizing the editorial
corrections, as proposed.
In addition, we are correcting certain regulations so that they
include the appropriate suffix of the SW-846 MDP method required by
them. As a result of these corrections, the method number in the
regulation includes the suffix and matches the respective method number
and suffix listed in Sec. 260.11.
Table 4 lists and summarizes the editorial corrections to the RCRA
regulations made by this final rule.
Table 4.--Corrections, Clarifications or Removals
------------------------------------------------------------------------
Text correction, clarification, or
Regulation removal
------------------------------------------------------------------------
Sec. 258.28(c)(1)--Liquids Correction to add ``incorporated by
restrictions. reference in Sec. 260.11'' after
``Paint Filter Liquids Test,'' and
addition of the suffix ``B'' to the
method number ``9095.''
Appendix I to part 258-- Removal of footnote 1 to the table,
Constituents for detection which contains unnecessary references
monitoring. to SW-846.
Appendix II to part 258--List Clarification regarding the use of other
of inorganic and organic appropriate methods by removing the
hazardous constituents. ``Suggested Methods'' and ``PQLs ([mu]g/
L)'' columns, removing footnotes 1, 5
and 6 and revising and renumbering the
remaining footnotes, as appropriate.
Sec. 260.21(d)--Petitions Clarification that equivalent methods
for equivalent methods. will be added to Sec. 260.11, instead
of just added to SW-846.
Sec. 260.22(d)(1)(i)-- Removal of unnecessary reference to SW-
Petitions to amend part 261 846.
to exclude a waste produced
at a particular facility.
Sec. Sec. 261.3(a)(2)(v), Removal of unnecessary references to SW-
279.10(b)(1)(ii), 279.44(c), 846.
279.53(c), and 279.63(c)--
Rebuttable presumption for
used oil.
Sec. 261.22(a)(1)-- Addition of the suffix ``C'' to method
Characteristic of corrosivity. number ``9040.''
Appendix I to part 261-- Removal of unnecessary references to SW-
Representative sampling 846.
methods.
Appendix II to part 261-- Removal of text in Appendix II to part
Method 1311 Toxicity 261; appendix reserved.
Characteristic Leaching
Procedure (TCLP).
Appendix III to part 261-- Removal of text in Appendix III to part
Chemical analysis test 261; appendix reserved.
methods.
Sec. Sec. 264.190(a) and Addition of the suffix ``B'' to method
265.190(a)--Applicability. number ``9095.''
Sec. 264.314(c) and Sec. Addition of the suffix ``B'' to method
265.314(d)--Special number ``9095.''
requirements for bulk and
containerized liquids.
Sec. Sec. 264.1034(f) and Clarification that direct measurement is
265.1034(f)--Test methods and allowed to resolve disagreements
procedures. regarding concentration estimates, and
removal of unnecessary references to SW-
846.
Appendix IX to part 264-- Clarification regarding the use of other
Ground-water monitoring list. appropriate methods by removing the
``Suggested Methods'' and ``PQLs ([mu]g/
L)'' columns and removing footnotes 1,
5 and 6 and revising and renumbering
the subsequent footnotes, as
appropriate.
Sec. 265.1081--Definitions.. Correction to SW-846 reference in
definition of ``waste stabilization
process.''
Appendix IX to part 266-- Corrections to reflect removal of SW-846
Methods manual for compliance methods from the BIF Methods Manual on
with BIF regulations. June 13, 1997 and clarification in
existing guidance regarding use of
other appropriate methods and SW-846.
Sec. 268.40(b) and table-- Addition of the suffix ``B'' to method
Applicability of treatment number ``1310,'' addition of the suffix
standards. ``C'' to method number ``9010,'' and
addition of the suffix ``B'' to method
number ``9012.''
Sec. 268.44, table--Variance Addition of the suffix ``C'' to method
from a treatment standard. number ``9010'' and the addition of the
suffix ``B'' to method number ``9012.''
Sec. 268.48, table-- Addition of the suffix ``C'' to method
Universal treatment standards. number ``9010'' and addition of the
suffix ``B'' to method number ``9012.''
Appendix IX to part 268-- Addition of the suffix ``B'' to method
Extraction Procedure (EP) number ``1310.''
Toxicity Test Method and
Structural Integrity Test
(Method 1310).
------------------------------------------------------------------------
VI. Action To Withdraw the Reactivity Interim Guidance From SW-846
Chapter Seven and Remove Required SW-846 Reactivity Analyses and
Threshold Levels From Conditional Delistings
In section VI of the preamble to the proposed rule, the Agency
proposed to withdraw the reactivity interim threshold levels and
reactive cyanide and sulfide methods from Chapter Seven of SW-846 and
from certain conditional delistings found in appendix IX to 40 CFR part
261. EPA proposed these actions based on conclusions it reached and
announced in an April 21, 1998 memorandum, a copy of which is available
in the docket to this rulemaking, in which EPA addressed concerns about
the effectiveness of the reactivity analysis procedures (see the
proposed rule preamble for details regarding the content of this memo
and its history). (See the April 21, 1998 memorandum at http://www.epa.gov/SW-846/ for detailed information regarding NEIC's concerns
and EPA's conclusions.) EPA consequently withdrew the July 1985
guidance through the aforementioned April 21, 1998 memorandum. To
summarize, EPA concluded that the guidance had the following
significant problems:
(1) The test conditions evaluate a single pH condition and not the
range of pH conditions (2 to 12.5) specified in the reactivity
regulation;
(2) The test conditions do not adequately recover the analyte and
thus the tests predict low percentages of analyte releases in the
waste;
(3) The mismanagement scenario and test conditions are not
correctly scaled between each other; and
(4) The mismanagement scenario of an open pit is not the only
exposure of concern and may not represent a plausible worst case
scenario.
EPA received comments from eleven different commenters regarding
this topic. You will find a background document containing our complete
responses to all relevant public comments in the docket to this rule,
docket number RCRA-2002-0025, at the location listed above under
Addresses. Three commenters supported the removal of the reactivity
test procedures, stating that they believed
[[Page 34549]]
the test and guidance is flawed and that appropriate waste
classifications can be made in the absence of guidance. On the other
hand, three other commenters opposed the removal of the reactivity test
procedures. One of these commenters stated that there are a number of
concerns about the technical reasons for removal of the procedures, and
believed that these warrant reconsideration of the proposed deletion of
the guidance. In reviewing these concerns, the Agency found that the
commenter may be misreading the Agency's basis for deletion of the
guidance from SW-846. The commenter was concerned both about the impact
of certain pH testing conditions and the use of Henry's Law in the
guidance. However, these topics were not the reasons for withdrawing
the guidance from SW-846. The Agency will investigate the commenter's
concerns regarding pH testing conditions and Henry's Law as it develops
revised guidance. Another one of the commenters asserted that the
narrative criteria alone can be used for classification of high
concentration cyanide wastes, but that additional guidance is needed
for classifying lower level cyanide-bearing wastes. The other commenter
understood the difficulties associated with the reactivity method
guidance, but believed that the regulated community needed something
other than the ``honor system'' to classify these reactive wastes.
The remaining five commenters had general concerns about making the
reactivity characteristic determinations, but did not specifically
support or oppose deletion of the tests or threshold levels. Four
commenters out of the total of eleven commenters requested that EPA
replace the deleted tests with other method guidance.
In response to all comments, the Agency is currently reviewing
several test methods for possible inclusion in SW-846 as methods for
characterizing cyanide-bearing wastes. However, the Agency still
believes it inappropriate to retain the reactive cyanide and reactive
sulfide methods in SW-846 for the reasons presented in the proposed
rule preamble and listed above. Regarding the characteristic of
reactivity, regulated parties have always been responsible for
complying with the regulation at Sec. 261.23--Characteristic of
reactivity, which does not require any particular test methods for the
characterization. Therefore, generators and other persons can use other
appropriate methods or process knowledge in determining whether a
particular waste is hazardous due to its reactivity.
VII. Clarifications to Corrosivity and Ignitability Hazardous Waste
Characteristics
In sections VII.A and VII.B of the preamble to the proposed rule,
the Agency proposed revisions to the corrosivity characteristic and the
ignitability characteristic testing requirements. The proposed
revisions included changes to references to ASTM standards and SW-846
methods. We considered these revisions to be non-substantive updates of
the methods presently used in the regulations and we believed the
revisions would not affect which wastes are determined to be hazardous
based on the characteristics. We requested public comment on each of
the proposed revisions. Significant comments and our responses are
provided below.
A. Revision to Sec. 261.22(a)(2) To Clarify That SW-846 Method 1110A
Is the SW-846 Standardized Version of the NACE Standard Specified for
Corrosivity Characteristic Testing
In section VII.A of the preamble to the proposed rule, EPA
addressed proposed revisions to the corrosivity characteristic testing
requirements, which included a clarification to Sec. 261.22(a)(2).
Section 261.22(a)(2) defines the hazardous waste characteristic of
corrosivity for a liquid which corrodes steel. The required test method
is identified as ``the test method specified in NACE * * * Standard TM-
01-69 as standardized in * * * SW-846 * * *'' As explained in the May
19, 1980 regulations (see 45 FR 33084) which added Sec. 261.22 to the
RCRA regulations, EPA standardized the NACE Standard TM-01-69 in SW-
846. As also explained in the background document to the corrosivity
characteristic of the 1980 regulations, NACE Standard TM-01-69
describes a simple immersion test to determine the rate of corrosion.
However, the procedure described in the background document, in fact,
was not completely standardized because it was designed to test the
suitability of metals for a variety of uses. As a result, a comment was
submitted at that time which expressed concern with the incomplete
standardization of the NACE Standard which allowed variation in test
conditions. EPA agreed and, in response to the comment, put a
standardized version of the method in SW-846 so that the procedure more
clearly defined the appropriate test conditions. At the time, we did
not specify which test method of SW-846 included the standardized
version of the NACE method. This SW-846 method has always been Method
1110 (now Method 1110A as of Update IIIB), ``Corrosivity Toward
Steel.'' Therefore, in the proposed MIR, we proposed adding the number
of this method to Sec. 261.22(a)(2) for clarification of which SW-846
test method is the standardized version of NACE. This revision to Sec.
261.22(a)(2) does not represent a change to the characteristic.
Three commenters addressed this section of the proposed MIR. Two of
these commenters explicitly supported the clarification in Sec.
261.22(a)(2) that SW-846 Method 1110A, ``Corrosivity Toward Steel,'' is
the standardized version of the NACE Standard TM-01-69. The other
commenter did not comment on the proposed revision, but instead
requested that EPA address a unrelated concern regarding the content of
Method 1110A. None of the commenters disagreed with the Agency
statement that the revisions were non-substantive.
Regarding SW-846 Method 1110A, the commenter believed that the
method significantly differed from the corresponding Department of
Transportation (DOT) corrosivity method. Specifically, Method 1110A
suggests that a 24-hour test duration be used, while the DOT method
indicates use of a longer test period. The commenter requested that EPA
either clarify this difference or amend the regulations to allow the
use of DOT's comparable corrosivity characteristic procedure, as set
out in 49 CFR 173.137(c)(2), as an alternative test method for
corrosivity under the hazardous waste regulations.
First, EPA notes that the test duration time in Method 1110A was
not addressed or proposed for revision by the MIR. The MIR only
proposed to clarify that Method 1110A is ``the test method * * *
standardized * * * in SW-846'' for the corrosivity characteristic
determination. The commenter does not appear to disagree with the
proposed clarification. Because the Agency did not take comment, or
even raise an issue, with the test duration time, we believe it
inappropriate to address this provision in this final rule.
Nevertheless, the Agency plans to evaluate the commenter's concerns to
determine if future regulatory changes are warranted.
Therefore, in response to the comments submitted, the Agency is
finalizing the regulatory revision whereby Method 1110A will be
specified in Sec. 261.22(a)(2). It is not necessary to also reference
the NACE Standard TM-01-69 in the regulatory text. The NACE method was
used to
[[Page 34550]]
initially develop Method 1110A and the two methods are not identical.
B. Revisions to Sec. 261.21(a)(1) To Remove an Unnecessary Referral to
Method Equivalency Petitions; and an Explanation Regarding the Decision
To Not Revise the Regulation To Include the Updated ASTM Standards and
References to Methods 1010A and 1020B as Proposed
In section VII.B of the preamble to the proposed rule, the Agency
addressed proposed revisions to the ignitability characteristic testing
requirements in Sec. 261.21(a)(1). Section 261.21(a)(1) of the RCRA
regulations defines the hazardous waste characteristic of ignitability
as a liquid which has a flash point less than 60 [deg]C (140 [deg]F) as
determined by the use of ASTM Standard D 93-79 or D 93-80 (Pensky-
Martens Closed Cup Tester) or ASTM Standard D 3278-78 (Setaflash Closed
Cup Tester). Since publication of the regulation, the ASTM Standard has
been revised. However, before proposing to replace the ASTM Standard
now in the regulation with the newer versions D 93-99c and D 3278-96,
EPA compared the newer versions of the test protocol with the older
versions of the protocol and found only non-substantive differences.
Therefore, EPA proposed and requested comment on replacing the older
versions of the ASTM Standard in Sec. 261.21(a)(1) with the more
recent versions. In addition, although ASTM Standard D 93-00 is newer
than D 93-99c, EPA proposed that D 93-99c replace D 93-80 because EPA
found that D 93-00 differed in a possibly substantial manner from D 93-
80 and, if it were to be specified instead of D 93-99c, characteristic
results may be significantly affected. Specifically, we found that the
D 93-00 version specifies different sample container volumes for
different sample types. It requires that all matrices, except residual
fuel oil, be collected in containers not more than 85% or less than 50%
full. This revision may significantly affect the characteristic
results, since the potential to lose flammable volatile constituents
will be greater from sample containers that may now have as much as 50%
headspace. The Agency requested comment on this evaluation.
Finally, the Agency proposed to revise Sec. 261.21(a)(1) to
clarify that the ASTM standards for ignitability characteristic
determinations are used and referenced by SW-846 Methods 1010A and
1020B. The Agency believed these revisions to Sec. 261.21(a)(1) to be
non-substantive and that the changes would not affect which wastes are
determined to be hazardous based on the characteristic.
Five commenters addressed this section of the proposed MIR. Two
commenters supported EPA's proposal to update the references to ASTM
standards in Sec. 261.21(a)(1). Two other commenters had general
concerns about the ignitability characteristic and the ASTM standards,
but did not appear to specifically support or oppose the replacements.
Only one commenter commented on revising Sec. 261.21(a)(1) to clarify
that the ASTM standards for the ignitability characteristic are used
and referenced by SW-846 Methods 1010A and 1020B. The commenter
supported the regulatory revision.
Regarding ASTM Standards D 93-99c and D 93-00, the two commenters
that supported updating the references agreed with EPA that D 93-99c
and D 93-00 could yield different results and therefore, different
conclusions as to whether or not a waste would be identified as
hazardous. The two commenters that disagreed with the Agency's
conclusion regarding D 93-00 maintained that the potential to lose
volatile compounds also existed in the 1999 version. One of these
commenters noted that an even newer version than D 93-00 was now
available from ASTM, namely D 93-02. The commenter recommended that the
Agency study that standard for any significant differences.
The Agency has considered all of the comments and decided to retain
the existing ASTM regulatory standards and not replace them with the
newer versions at this time. The Agency agrees with the commenter who
suggested that EPA further study and review the new versions of the
ASTM standards. Both newer versions of D 93 require that certain ASTM
sampling procedures be used, which are unnecessarily prescriptive and
often inapplicable to hazardous waste collection. The newer version of
D 93 may also promote potential problems with requirements for sampling
and automated test equipment. As a result, the Agency believes that a
more detailed evaluation is warranted. In addition, the Agency believes
that, although the newer versions of D 93 allows for automated test
equipment, including the use of an electric igniter which may save
time, a rigorous comparison of the electrical igniter versus the flame
igniter should be conducted.
In addition, the Agency decided to not finalize the addition of
references to Methods 1010A and 1020B in the regulations as proposed,
but rather Methods 1010A and 1020B were revised as part of Final Update
IIIB (final today as part of this rule, see section VIII), whereby all
method text was replaced with direct references to the ASTM standards
listed in Sec. 261.21(a)(1).
Finally, as proposed regarding Sec. 261.21(a)(1), we are removing
that portion of the last sentence which refers to the equivalent test
method demonstration. This information is adequately addressed in
Sec. Sec. 260.20 and 260.21. It is not necessary to repeat the
information regarding method equivalency petitions in each section of a
RCRA regulation which requires use of a specific test method(s). Also,
this revision is consistent with similar sections on testing in part
261 and other parts of the RCRA regulations.
VIII. Availability of Final Update IIIB and Status of Final Update IV
to SW-846
SW-846 is a guidance document that changes over time as new
information and data are developed. On October 30, 2002, we proposed to
revise several methods and chapters of SW-846 and release these
revisions as Update IIIB to the Third Edition of SW-846. To date, EPA
has finalized Updates I, II, IIA, IIB, III, and IIIA to the Third
Edition of the SW-846 manual. On May 8, 1998 (see 63 FR 25430) and on
November 27, 2000 (see 65 FR 70678), we also announced the availability
of Draft Update IVA and IVB, respectively, which we published for
guidance purposes only.
As part of this rule, we are finalizing Update IIIB. The Methods
Team Web site at http://www.epa.gov/SW-846 has been revised to remove
Proposed Update IIIB and include an integrated electronic version of
SW-846 which incorporates the final version of that update. In the near
future after publication of this rule, Draft Updates IVA and IVB will
be replaced by Final Update IV and its availability will be announced
by a Federal Register notice.
The revised methods of Update IIIB are used for method-defined
parameters and thus, any required uses of those methods will remain in
the RCRA regulations. Therefore, we revised Sec. 260.11 to include the
Update IIIB methods.
In the proposed rule preamble, we also requested comments on
certain parts of the Update IIIB methods and chapters. We did not
consider comments on the other sections or parts of the methods or
chapters because those portions were not proposed for revision. Most of
the comments concerned the removal of the reactivity guidance methods
from Chapter Seven and updating the ASTM standards. Those comments are
addressed in previous sections of this preamble. The
[[Page 34551]]
Agency received a few other comments regarding the documents contained
in Proposed Update IIIB. The docket to this rule (RCRA-2002-0025)
contains a background document with our responses to all the comments
submitted. The responses also identify any revisions made to the
methods due to the comments.
Table 5 provides a listing of the four chapters and eleven methods
in Final Update IIIB. The method numbers in the table reflect the
appropriate method revision letter suffix (e.g., A, B, C, etc.). These
suffixes were not always reflected in the RCRA regulations themselves,
e.g., the regulations cited the method number without a suffix. The
relevant regulations revised by today's rule do reflect the latest
suffix. Accordingly, this final rule identifies the latest promulgated
version of the methods that remain as incorporated by reference at
Sec. 260.11 in the RCRA regulations. During compliance with those
regulations, the regulated community must only use the latest
promulgated revision of the methods as indicated in Sec. 260.11, i.e.,
the regulated community must only use the version of the method cited
by Sec. 260.11.
Table 5.--Final Update IIIB Methods and Chapters
------------------------------------------------------------------------
Chapters or method number Method or chapter title
------------------------------------------------------------------------
Chapter Five................. Miscellaneous Test Methods.
Chapter Six.................. Properties.
Chapter Seven................ Characteristics Introduction and
Regulatory Definitions.
Chapter Eight................ Methods for Determining Characteristics.
1010A........................ (Referral to) Pensky-Martens Closed Cup
Method for Determining Ignitability.
1020B........................ (Referral to) Setaflash Closed Cup Method
for Determining Ignitability.
1110A........................ Corrosivity Toward Steel.
1310B........................ Extraction Procedure (EP) Toxicity Test
Method and Structural Integrity Test.
9010C........................ Total and Amenable Cyanide: Distillation.
9012B........................ Total and Amenable Cyanide (Automated
Colorimetric, with Off-line
Distillation).
9040C........................ pH Electrometric Measurement.
9045D........................ Soil and Waste pH.
9060A........................ Total Organic Carbon.
9070A........................ n-Hexane Extractable Material (HEM) for
Aqueous Samples.
9095B........................ Paint Filter Liquids Test.
------------------------------------------------------------------------
Note: A suffix of ``A'' in the method number indicates revision
one (the method has been revised once). A suffix of ``B'' in the
method number indicates revision two (the method has been revised
twice). A suffix of ``C'' in the method number indicates revision
three (the method has been revised three times).
IX. Addition of Method 25A to Sec. Sec. 264.1034(c)(1)(ii) and (iv)
and 265.1034(c)(1)(ii) and (iv)
In section IX of the preamble to the proposed rule, the Agency
proposed to revise Sec. Sec. 264.1034(c)(1)(ii) and (iv) and
Sec. Sec. 265.1034(c)(1)(ii) and (iv) to allow the use of Method 25A,
as well as Method 18, during analyses in support of air emission
standards for process vents and/or equipment leaks at hazardous waste
management facilities. All comments supported these revisions and
therefore we finalized these changes, as proposed.
X. Removal of Requirements From Sec. Sec. 63.1208(b)(8)(i) and (ii) in
the NESHAP Standards To Demonstrate Feedstream Analytes Are Not Present
at Certain Levels
In section X of the preamble to the proposed rule, the Agency
proposed to remove the requirements for analytical DQOs (e.g., 80%
upper confidence limit) for feedstream analyses found in Sec. Sec.
63.1208(b)(8)(i) and (ii) that were previously promulgated in the
National Emission Standards for Hazardous Air Pollutants (NESHAP) for
Hazardous Waste Combustors on September 30, 1999. All comments
supported these revisions and therefore we are finalizing these
changes, as proposed.
XI. Status of the RCRA Waste Sampling Draft Technical Guidance
In section XI of the preamble to the proposed rule, we announced
the availability of a stand-alone sampling guidance document entitled,
``RCRA Waste Sampling Draft Technical Guidance.'' We intended to
replace the original sampling guidance version of Chapter Nine found in
EPA publication SW-846 with this new document. We requested comment on
the guidance. The Agency received a number of comments which are still
under review and consideration. This additional review of the document
will help us improve the guidance and ensure that it is most useful in
its final form. Therefore, we are not at this time issuing a final
version of the sampling guidance. Once we complete our review and
evaluation of the comments, we will revise the document as appropriate
and announce its availability in the Federal Register.
XII. State Authorization Procedures
A. Applicability of Federal Rules in Authorized States
Under section 3006 of RCRA, EPA may authorize qualified states to
administer the RCRA hazardous waste program within the state. Following
authorization, the state requirements authorized by EPA apply in lieu
of equivalent Federal requirements and become Federally enforceable as
requirements of RCRA. EPA maintains independent authority to bring
enforcement actions under RCRA sections 3007, 3008, 3013, and 7003.
Authorized states also have independent authority to bring enforcement
actions under state law. A state may receive authorization by following
the approval process described in 40 CFR part 271. 40 CFR part 271 also
describes the overall standards and requirements for authorization.
After a state receives initial authorization, new regulatory
requirements promulgated under the authority in the RCRA statute which
existed prior to the 1984 Hazardous and Solid Waste Amendments (HSWA)
do not apply in that state until the state adopts equivalent state
requirements. The state must adopt such requirements to maintain
authorization.
In contrast, under RCRA section 3006(g) (i.e., 42 U.S.C. 6926(g)),
new Federal requirements and prohibitions imposed pursuant to HSWA
provisions take effect in authorized states at the same time that they
take effect in unauthorized states. Although authorized states are
still required to
[[Page 34552]]
update their hazardous waste programs to remain equivalent to the
Federal program, EPA carries out HSWA requirements and prohibitions in
authorized states, including the issuance of new permits implementing
those requirements, until EPA authorizes the state to do so.
Finally, authorized states are required to modify their programs
only when EPA promulgates Federal requirements that are more stringent
or broader in scope than existing Federal requirements. RCRA section
3009 allows the states to impose standards more stringent than those in
the Federal program. See also Sec. 271.1(i). Therefore, authorized
states are not required to adopt Federal regulations, both HSWA and
non-HSWA, that are considered less stringent.
B. Authorization of States for Today's Rule
Today's rule affects many aspects of the RCRA Program and is
promulgated pursuant to both HSWA and non-HSWA statutory authority.
Therefore, the Agency added the rule to Table 1 in Sec. 271.1(j),
which identifies Federal regulations that are promulgated pursuant to
the statutory authority that was added by HSWA. States may apply for
final authorization for the HSWA provisions, as discussed in the
following section of this preamble.
Today's rule language provides standards that are equivalent to or
less stringent than the existing provisions in the Federal regulations
which they would amend. Therefore, States would not be required to
adopt and seek authorization for this rulemaking. EPA would implement
this rulemaking only in those states which are not authorized for the
RCRA Program, and will implement provisions promulgated pursuant to
HSWA only in those states which have not received authorization for the
HSWA provision that would be amended. In authorized States, the changes
will not be applicable until and unless the State revises its program
to adopt the revisions.
(Note: Procedures and deadlines for State program revisions are set
forth in Sec. 271.21.)
This rule will provide significant benefits to EPA, the states, and
the regulated community, without compromising human health or
environmental protection. Therefore, EPA strongly encourages authorized
states to amend their programs and seek authorization for today's rule.
C. Abbreviated Authorization Procedures
EPA consider's today's rule to be a minor rulemaking and is adding
it to the list of minor or routine rulemakings in Table 1 to Sec.
271.21. Placement in this table will enable states to use the
abbreviated procedures located in Sec. 271.21(h) when they seek
authorization for today's changes. These abbreviated procedures were
established in the HWIR-media rulemaking (see 63 FR 65927, November 30,
1998).
XIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether a regulatory action is ``significant,'' and therefore
subject to Office of Management and Budget (OMB) review and the
requirements of the Executive Order. The order defines a ``significant
regulatory action'' as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more,
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
OMB determined that this rule is not a ``significant regulatory
action'' under the terms of Executive Order 12866 and is therefore not
subject to OMB review and the requirements of the Executive Order.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
There are no additional reporting, notification, or recordkeeping
provisions associated with today's rule. However, the Office of
Management and Budget (OMB) previously approved the information
collection requirements contained in some of the existing regulations
being revised by this rule, under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., and assigned OMB control numbers
for those information collection requirements, as follows:
--40 CFR 258.28: OMB control number 2050-0122
--40 CFR 260.21 and 260.22: OMB control number 2050-0053
--40 CFR 261.3: OMB control number 2050-0085
--40 CFR 261.35: OMB control number 2050--0115
--40 CFR 264.1034, 264.1063, 265.1034, and 265.1063: OMB control number
2050-0050
--40 CFR 266.100, 266.102, 266.106, 266.112, Appendix IX to part 63,
and 270.22: OMB control number 2050-0073
--40 CFR 270.19: OMB control number 2050-0009
--40 CFR 270.62: OMB control numbers 2050-0009 and 2050-0149
--40 CFR 270.66: OMB control numbers 2050-0073 and 2050-0149
--40 CFR 279.10, 279.44, 279.53 and 279.63: OMB control number 2050-
0124
Copies of the ICR document(s) may be obtained from Sandy Farmer, by
mail at the Office of Environmental Information, Collection Strategies
Division; U.S. Environmental Protection Agency (2822); 1200
Pennsylvania Ave., NW., Washington, DC 20460, by email at
[email protected], or by calling (202) 260-2740. A copy may also be
downloaded off the Internet at http://www.epa.gov/icr. Include the ICR
and/or OMB number in any correspondence.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information, unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare
[[Page 34553]]
a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute, unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business that is
independently owned and operated and not dominant in its field as
defined by Small Business Administration (SBA) regulations under
Section 3 of the Small Business Act for SIC; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. sections 603
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule.
Today's rule is specifically intended to reduce economic burden for all
entities. The action will provide greater flexibility and utility to
all affected entities, including small entities, by providing an
increase in choices of appropriate analytical methods for RCRA
applications. It does not create any new regulatory requirements or
require any new reports beyond those now required by the revised
regulations. In addition, its revisions need not be adopted by
regulated entities. If the methods are appropriate, such entities can
continue to use the methods previously specified in the regulations
before today instead of choosing the option to use other appropriate
methods from other reliable sources. We have therefore concluded that
today's final rule will relieve regulatory burden for small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA or the
Act), Pubic Law 104-4, establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
tribal governments and the private sector. Under section 202 of UMRA,
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed rules and final rules with Federal
mandates that may result in estimated costs to State, local, and tribal
governments in the aggregate, or to the private sector, of $100 million
or more in any one year. When such a statement is needed, section 205
of the Act generally requires EPA to identify and consider a reasonable
number of regulatory alternatives. Under section 205, EPA must adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule, unless the Administrator
explains in the final rule why that alternative was not adopted. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Before EPA establishes regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must develop under section 203 of the Act a small
government agency plan. The plan must provide for notifying potentially
affected small governments, giving them meaningful and timely input in
the development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising them
on compliance with the regulatory requirements.
First, this rule does not contain a Federal mandate. The rule
imposes no enforceable duty on any State, local or tribal governments.
This rule contains no regulatory requirements that might significantly
or uniquely affect small governments. This is due to the fact that this
rule does not add any new regulatory requirements and States need not
adopt its revisions. This rule only revises certain regulatory sections
to remove the requirement to use SW-846 methods and allow the use of
other appropriate methods--that is, clarify allowed flexibility in
method selection for meeting RCRA-related testing and monitoring
requirements. Under RCRA, regardless of the method used--the one
previously specified in the regulation before today or another
appropriate method--regulated entities should be demonstrating that the
method is appropriate for its intended use. This rule also does not
propose new monitoring or information collection requirements. The
additional flexibility allowed by this rule should result in improved
data quality at reduced cost. Thus, today's rule is not subject to the
requirements of sections 202, 203 and 205 of UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. As explained above, today's rule
does not impose new requirements on the States and its regulatory
changes need not be adopted by the States. Thus, Executive Order 13132
does not apply to this rule. Because these changes are equivalent to or
less stringent than the existing Federal program, States would not be
required to adopt and seek authorization for them.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249) entitled, ``Consultation and
Coordination With Indian Tribal Governments'' requires EPA to develop
an accountable process to ensure ``meaningful and timely input by
tribal officials in the development of regulatory policies that have
tribal implications. ``Policies that have tribal implications'' are
defined in the Executive Order to include regulations that have
``substantial direct effects on one or more Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes.''
[[Page 34554]]
Today's rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
For many of the same reasons described above under unfunded mandates,
the requirements of the Executive Order do not apply to this
rulemaking. As stated above, this rule does not propose any new
regulatory requirements and Indian tribal governments need not adopt
it. It does not impose any direct compliance costs on tribal
governments.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, ``Protection of Children From Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This rule is not subject to the Executive Order because it is not
economically significant as defined in Executive Order 12866. Also, EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This rule is not subject to Executive Order
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks. The action discussed in today's
rule is intended to provide increased flexibility in the use of methods
for RCRA-related testing and monitoring, and thus is not subject to
Executive Order 13045.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this rule is not likely to have any adverse
energy effects.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, section 12(d) (15
U.S.C. 272 note) directs EPA to use voluntary consensus standards in
its regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs us
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This rule increases flexibility in the use of methods for RCRA-
related testing and monitoring and does not itself identify or require
the use of new methods or other technical standards. In fact, this
rule, may increase the use of available voluntary consensus standards
for some RCRA applications, provided that such methods are appropriate
for the regulatory application.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations,'' February
11, 1994, requires that regulatory actions be accompanied by an
environmental justice analysis. This analysis must look at potentially
disproportionate impacts the action may have on minority and/or low-
income communities.
The Agency has determined that the action does not raise
environmental justice concerns. The impact of this rule will be to
provide increased flexibility in the choice of appropriate analytical
methods for RCRA applications. The Agency is not aware of any
disproportionate impacts that such flexibility may have on minority
and/or low-income communities.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective July 14, 2005.
List of Subjects
40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
40 CFR Part 258
Environmental protection, Incorporation by reference, Reporting and
recordkeeping requirements, Waste treatment and disposal, Water
pollution control.
40 CFR Part 260
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Incorporation by
reference, Reporting and recordkeeping requirements.
40 CFR Part 261
Environmental protection, Comparable fuels, syngas fuels, Excluded
hazardous waste, Incorporation by reference, Reporting and
recordkeeping requirements.
40 CFR Part 264
Environmental protection, Air pollution control, Hazardous waste,
Incorporation by reference, Insurance, Packaging and containers,
Reporting and recordkeeping requirements, Security measures, Surety
bonds.
40 CFR Part 265
Environmental protection, Air pollution control, Hazardous waste,
Incorporation by reference, Insurance, Packaging and containers,
Reporting and recordkeeping requirements, Security measures, Surety
bonds, Water supply.
40 CFR Part 266
Environmental protection, Energy, Hazardous waste, Incorporation by
reference, Recycling, Reporting and recordkeeping requirements.
[[Page 34555]]
40 CFR Part 268
Environmental protection, Hazardous waste, Incorporation by
reference, Reporting and recordkeeping requirements.
40 CFR Part 270
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Reporting and recordkeeping requirements, Water
pollution control, Water supply.
40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
40 CFR Part 279
Environmental protection, Petroleum, Recycling, Reporting and
recordkeeping requirements.
Dated: May 16, 2005.
Stephen L. Johnson,
Administrator.
0
For the reasons set out in the preamble, EPA amends title 40, chapter
I, of the Code of Federal Regulations as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EEE--National Emission Standards for Hazardous Air
Pollutants From Hazardous Waste Combustors
0
2. Section 63.1208 is amended by revising paragraph (b)(8) to read as
follows:
Sec. 63.1208 What are the test methods?
* * * * *
(b) * * *
(8) Feedstream analytical methods. You may use any reliable
analytical method to determine feedstream concentrations of metals,
chlorine, and other constituents. It is your responsibility to ensure
that the sampling and analysis procedures are unbiased, precise, and
that the results are representative of the feedstream.
* * * * *
PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS
0
3. The authority citation for part 258 continues to read as follows:
Authority: 33 U.S.C. 1345(d) and (e); 42 U.S.C 6902(a), 6907,
6912(a), 6944, 6945(c), and 6949a(c).
Subpart C--Operating Criteria
0
4. Section 258.28 is amended by revising paragraph (c)(1) to read as
follows:
Sec. 258.28 Liquids restrictions.
* * * * *
(c) * * *
(1) Liquid waste means any waste material that is determined to
contain ``free liquids'' as defined by Method 9095B (Paint Filter
Liquids Test), included in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods'' (EPA Publication SW-846) which is
incorporated by reference. A suffix of ``B'' in the method number
indicates revision two (the method has been revised twice). Method
9095B is dated November 2004. This incorporation by reference was
approved by the Director of the Federal Register pursuant to 5 U.S.C.
552(a) and 1 CFR part 51. This material is incorporated as it exists on
the date of approval and a notice of any change in this material will
be published in the Federal Register. A copy may be inspected at the
Library, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW. (3403T), Washington, DC 20460, [email protected]; or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
0
5. Appendix I to part 258 is revised to read as follows:
Appendix I to Part 258--Constituents for Detection Monitoring
------------------------------------------------------------------------
Common name \1\ CAS RN \2\
------------------------------------------------------------------------
Inorganic Constituents:
(1) Antimony......................... (Total)
(2) Arsenic.......................... (Total)
(3) Barium........................... (Total)
(4) Beryllium........................ (Total)
(5) Cadmium.......................... (Total)
(6) Chromium......................... (Total)
(7) Cobalt........................... (Total)
(8) Copper........................... (Total)
(9) Lead............................. (Total)
(10) Nickel.......................... (Total)
(11) Selenium........................ (Total)
(12) Silver.......................... (Total)
(13) Thallium........................ (Total)
(14) Vanadium........................ (Total)
(15) Zinc............................ (Total)
Organic Constituents:
(16) Acetone......................... 67-64-1
(17) Acrylonitrile 1................. 107-13-1
(18) Benzene......................... 71-43-2
(19) Bromochloromethane.............. 74-97-5
(20) Bromodichloromethane............ 75-27-4
(21) Bromoform; Tribromomethane...... 75-25-2
(22) Carbon disulfide................ 75-15-0
(23) Carbon tetrachloride............ 56-23-5
[[Page 34556]]
(24) Chlorobenzene................... 108-90-7
(25) Chloroethane; Ethyl chloride.... 75-00-3
(26) Chloroform; Trichloromethane.... 67-66-3
(27) Dibromochloromethane; 124-48-1
Chlorodibromomethane.
(28) 1,2-Dibromo-3-chloropropane; 96-12-8
DBCP.
(29) 1,2-Dibromoethane; Ethylene 106-93-4
dibromide; EDB.
(30) o-Dichlorobenzene; 1,2- 95-50-1
Dichlorobenzene.
(31) p-Dichlorobenzene; 1,4- 106-46-7
Dichlorobenzene.
(32) trans-1, 4-Dichloro-2-butene.... 110-57-6
(33) 1,1-Dichlorethane; Ethylidene 75-34-3
chloride.
(34) 1,2-Dichlorethane; Ethylene 107-06-2
dichloride.
(35) 1,1-Dichloroethylene; 1,1- 75-35-4
Dichloroethene; Vinylidene chloride.
(36) cis-1,2-Dichloroethylene; cis- 156-59-2
1,2-Dichloroethene.
(37) trans-1, 2-Dichloroethylene; 156-60-5
trans-1,2-Dichloroethene.
(38) 1,2-Dichloropropane; Propylene 78-87-5
dichloride.
(39) cis-1,3-Dichloropropene......... 10061-01-5
(40) trans-1,3-Dichloropropene....... 10061-02-6
(41) Ethylbenzene.................... 100-41-4
(42) 2-Hexanone; Methyl butyl ketone. 591-78-6
(43) Methyl bromide; Bromomethane.... 74-83-9
(44) Methyl chloride; Chloromethane.. 74-87-3
(45) Methylene bromide; 74-95-3
Dibromomethane.
(46) Methylene chloride; 75-09-2
Dichloromethane.
(47) Methyl ethyl ketone; MEK; 2- 78-93-3
Butanone.
(48) Methyl iodide; Idomethane....... 74-88-4
(49) 4-Methyl-2-pentanone; Methyl 108-10-1
isobutyl ketone.
(50) Styrene......................... 100-42-5
(51) 1,1,1,2-Tetrachloroethane....... 630-20-6
(52) 1,1,2,2-Tetrachloroethane....... 79-34-5
(53) Tetrachloroethylene; 127-18-4
Tetrachloroethene; Perchloroethylene.
(54) Toluene......................... 108-88-3
(55) 1,1,1-Trichloroethane; 71-55-6
Methylchloroform.
(56) 1,1,2-Trichloroethane........... 79-00-5
(57) Trichloroethylene; 79-01-6
Trichloroethene.
(58) Trichlorofluoromethane; CFC-11.. 75-69-4
(59) 1,2,3-Trichloropropane.......... 96-18-4
(60) Vinyl acetate................... 108-05-4
(61) Vinyl chloride.................. 75-01-4
(62) Xylenes......................... 1330-20-7
------------------------------------------------------------------------
\1\ Common names are those widely used in government regulations,
scientific publications, and commerce; synonyms exist for many
chemicals.
\2\ Chemical Abstract Service registry number. Where ``Total'' is
entered, all species in the ground water that contain this element are
included.
0
6. Appendix II to part 258 is revised to read as follows:
Appendix II to Part 258--List of Hazardous Inorganic and Organic
Constituents
------------------------------------------------------------------------
Chemical abstracts
Common name \1\ CAS RN \2\ service index name
\3\
------------------------------------------------------------------------
Acenaphthene................ 83-32-9............. Acenaphthylene, 1,2-
dihydro-
Acenaphthylene.............. 208-96-8............ Acenaphthylene
Acetone..................... 67-64-1............. 2-Propanone
Acetonitrile; Methyl cyanide 75-05-8............. Acetonitrile
Acetophenone................ 98-86-2............. Ethanone, 1-phenyl-
2-Acetylaminofluorene; 2-AAF 53-96-3............. Acetamide, N-9H-
fluoren-2-yl-
Acrolein.................... 107-02-8............ 2-Propenal
Acrylonitrile............... 107-13-1............ 2-Propenenitrile
Aldrin...................... 309-00-2............ 1,4:5,8-
Dimethanonaphthalen
e, 1,2,3,4,10,10-
hexachloro-
1,4,4a,5,8,8a-
hexahydro-
(1,4,4a,5,8,8a)-
Allyl chloride.............. 107-05-1............ 1-Propene, 3-chloro-
4-Aminobiphenyl............. 92-67-1............. [1,1'-Biphenyl]- 4-
amine
Anthracene.................. 120-12-7............ Anthracene
Antimony.................... (Total)............. Antimony
Arsenic..................... (Total)............. Arsenic
Barium...................... (Total)............. Barium
Benzene..................... 71-43-2............. Benzene
Benzo[a]anthracene; 56-55-3............. Benz[a]anthracene
Benzanthracene.
Benzo[b]fluoranthene........ 205-99-2............ Benz[e]acephenanthry
lene
Benzo[k]fluoranthene........ 207-08-9............ Benzo[k]fluoranthene
Benzo[ghi]perylene.......... 191-24-2............ Benzo[ghi]perylene
Benzo[a]pyrene.............. 50-32-8............. Benzo[a]pyrene
Benzyl alcohol.............. 100-51-6............ Benzenemethanol
[[Page 34557]]
Beryllium................... (Total)............. Beryllium
alpha-BHC................... 319-84-6............ Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[beta],4[alpha],5
[beta],6[beta])-
beta-BHC.................... 319-85-7............ Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[beta],
3[alpha],4[beta],5[
alpha],6[beta])-
delta-BHC................... 319-86-8............ Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[alpha],4[beta],5
[alpha],6[beta])-
gamma-BHC; Lindane.......... 58-89-9............. Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
, 3[beta],
4[alpha],5[alpha],6
[beta])-
Bis(2-chloroethoxy)methane.. 111-91-1............ Ethane, 1,1'-
[methylenebis
(oxy)]bis [2-chloro-
Bis(2-chloroethyl)ether; 111-44-4............ Ethane, 1,1'-
Dichloroethyl ether. oxybis[2-chloro-
Bis(2-chloro-1-methylethyl) 108-60-1............ Propane, 2,2'-
ether; 2,2'- oxybis[1-chloro-
Dichlorodiisopropyl ether;
DCIP, See footnote 4.
Bis(2-ethylhexyl) phthalate. 117-81-7............ 1,2-
Benzenedicarboxylic
acid, bis(2-
ethylhexyl)ester
Bromochloromethane; 74-97-5............. Methane, bromochloro-
Chlorobromethane.
Bromodichloromethane; 75-27-4............. Methane,
Dibromochloromethane. bromodichloro-
Bromoform; Tribromomethane.. 75-25-2............. Methane, tribromo-
4-Bromophenyl phenyl ether.. 101-55-3............ Benzene, 1-bromo-4-
phenoxy-
Butyl benzyl phthalate; 85-68-7............. 1,2-
Benzyl butyl phthalate. Benzenedicarboxylic
acid, butyl
phenylmethyl ester
Cadmium..................... (Total)............. Cadmium
Carbon disulfide............ 75-15-0............. Carbon disulfide
Carbon tetrachloride........ 56-23-5............. Methane, tetrachloro-
Chlordane................... See footnote 5...... 4,7-Methano-1H-
indene,
1,2,4,5,6,7,8,8-
octachloro-
2,3,3a,4,7,7a-
hexahydro-
p-Chloroaniline............. 106-47-8............ Benzenamine, 4-
chloro-
Chlorobenzene............... 108-90-7............ Benzene, chloro-
Chlorobenzilate............. 510-15-6............ Benzeneacetic acid,
4-chloro-
-(4-chlorophenyl)-
-hydroxy-, ethyl
ester.
p-Chloro-m-cresol; 4-Chloro- 59-50-7............. Phenol, 4-chloro-3-
3-methylphenol. methyl-
Chloroethane; Ethyl chloride 75-00-3............. Ethane, chloro-
Chloroform; Trichloromethane 67-66-3............. Methane, trichloro-
2-Chloronaphthalene......... 91-58-7............. Naphthalene, 2-
chloro-
2-Chlorophenol.............. 95-57-8............. Phenol, 2-chloro-
4-Chlorophenyl phenyl ether. 7005-72-3........... Benzene, 1-chloro-4-
phenoxy-
Chloroprene................. 126-99-8............ 1,3-Butadiene, 2-
chloro-
Chromium.................... (Total)............. Chromium
Chrysene.................... 218-01-9............ Chrysene
Cobalt...................... (Total)............. Cobalt
Copper...................... (Total)............. Copper
m-Cresol; 3-Methylphenol.... 108-39-4............ Phenol, 3-methyl-
o-Cresol; 2-Methylphenol.... 95-48-7............. Phenol, 2-methyl-
p-Cresol; 4-Methylphenol.... 106-44-5............ Phenol, 4-methyl-
Cyanide..................... 57-12-5............. Cyanide
2,4-D; 2,4- 94-75-7............. Acetic acid, (2,4-
Dichlorophenoxyacetic acid. dichlorophenoxy)-
4,4'-DDD.................... 72-54-8............. Benzene 1,1'-(2,2-
dichloroethylidene)
bis[4-chloro-
4,4'-DDE.................... 72-55-9............. Benzene, 1,1'-
(dichloroethenylide
ne) bis[4-chloro-
4,4'-DDT.................... 50-29-3............. Benzene, 1,1'-(2,2,2-
trichloroethylidene
) bis[4-chloro-
Diallate.................... 2303-16-4........... Carbamothioic acid,
bis(1-methylethyl)-
, S- (2,3-dichloro-
2-propenyl) ester.
Dibenz[a,h]anthracene....... 53-70-3............. Dibenz[a,h]anthracen
e
Dibenzofuran................ 132-64-9............ Dibenzofuran
Dibromochloromethane; 124-48-1............ Methane,
Chlorodibromomethane. dibromochloro-
1,2-Dibromo-3-chloropropane; 96-12-8............. Propane, 1,2-dibromo-
DBCP. 3-chloro-
1,2-Dibromoethane; Ethylene 106-93-4............ Ethane, 1,2-dibromo-
dibromide; EDB.
Di-n-butyl phthalate........ 84-74-2............. 1,2-
Benzenedicarboxylic
acid, dibutyl ester
o-Dichlorobenzene; 1,2- 95-50-1............. Benzene, 1,2-
Dichlorobenzene. dichloro-
m-Dichlorobenzene; 1,3- 541-73-1............ Benzene, 1,3-
Dichlorobenzene. dichloro-
p-Dichlorobenzene; 1,4- 106-46-7............ Benzene, 1,4-
Dichlorobenzene. dichloro-
3,3'-Dichlorobenzidine...... 91-94-1............. [1,1'-Biphenyl]-4,4'-
diamine, 3,3'-
dichloro-
trans-1,4-Dichloro-2-butene. 110-57-6............ 2-Butene, 1,4-
dichloro-, (E)-
Dichlorodifluoromethane; CFC 75-71-8............. Methane,
12. dichlorodifluoro-
1,1-Dichloroethane; 75-34-3............. Ethane, 1,1-dichloro-
Ethyldidene chloride.
1,2-Dichloroethane; Ethylene 107-06-2............ Ethane, 1,2-dichloro-
dichloride.
1,1-Dichloroethylene; 1,1- 75-35-4............. Ethene, 1,1-dichloro-
Dichloroethene;
Vinylidene chloride cis-1,2- 156-59-2............ Ethene, 1,2-dichloro-
Dichloroethylene; cis-1,2- (Z)-
Dichloroethene.
trans-1,2-Dichloroethylene; 156-60-5............ Ethene, 1,2-dichloro-
trans-1,2-Dichloroethene. , (E)-
2,4-Dichlorophenol.......... 120-83-2............ Phenol, 2,4-dichloro-
2,6-Dichlorophenol.......... 87-65-0............. Phenol, 2,6-dichloro-
1,2-Dichloropropane......... 78-87-5............. Propane, 1,2-
dichloro-
1,3-Dichloropropane; 142-28-9............ Propane, 1,3-
Trimethylene dichloride. dichloro-
2,2-Dichloropropane; 594-20-7............ Propane, 2,2-
Isopropylidene chloride. dichloro-
1,1-Dichloropropene......... 563-58-6............ 1-Propene, 1,1-
dichloro-
cis-1,3-Dichloropropene..... 10061-01-5.......... 1-Propene, 1,3-
dichloro-, (Z)-
trans-1,3-Dichloropropene... 10061-02-6.......... 1-Propene, 1,3-
dichloro-, (E)-
Dieldrin.................... 60-57-1............. 2,7:3,6-
Dimethanonaphth
[2,3-b]oxirene,
3,4,5,6,9,9-
hexachloro-
1a,2,2a,3,6,6a,7,7a-
octahydro-,
(1a[alpha],2[beta],
2a[alpha],3[beta],6
[beta],6a[alpha],7[
beta],7a[alpha])-
[[Page 34558]]
Diethyl phthalate........... 84-66-2............. 1,2-
Benzenedicarboxylic
acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl 297-97-2............ Phosphorothioic
phosphorothioate; Thionazin. acid, O,O-diethyl O-
pyrazinyl ester.
Dimethoate.................. 60-51-5............. Phosphorodithioic
acid, O,O-dimethyl
S-[2-(methylamino)-
2-oxoethyl] ester
p-(Dimethylamino)azobenzene. 60-11-7............. Benzenamine, N,N-
dimethyl-4-
(phenylazo)-
7,12- 57-97-6............. Benz[a]anthracene,
Dimethylbenz[a]anthracene. 7,12-dimethyl-
3,3'-Dimethylbenzidine...... 119-93-7............ [1,1'-Biphenyl]-4,4'-
diamine, 3,3'-
dimethyl-
alpha, &alpha- 122-09-8............ Benzeneethanamine,[a
Dimethylphenethylamine. lpha][alpha]-
dimethy1
2,4-Dimethylphenol; m- 105-67-9............ Phenol, 2,4-dimethyl-
Xylenol.
Dimethyl phthalate.......... 131-11-3............ 1,2-
Benzenedicarboxylic
acid, dimethyl
ester
m-Dinitrobenzene............ 99-65-0............. Benzene, 1,3-dinitro-
4,6-Dinitro-o-cresol; 4,6- 534-52-1............ Phenol, 2-methyl-4,6-
Dinitro-2-methylphenol. dinitro-
2,4-Dinitrophenol........... 51-28-5............. Phenol, 2,4-dinitro-
2,4-Dinitrotoluene.......... 121-14-2............ Benzene, 1-methyl-
2,4-dinitro-
2,6-Dinitrotoluene.......... 606-20-2............ Benzene, 2-methyl-
1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl- 88-85-7............. Phenol, 2-(1-
4,6-dinitrophenol. methylpropyl)-4,6-
dinitro-
Di-n-octyl phthalate........ 117-84-0............ 1,2-
Benzenedicarboxylic
acid, dioctyl ester
Diphenylamine............... 122-39-4............ Benzenamine, N-
phenyl-
Disulfoton.................. 298-04-4............ Phosphorodithioic
acid, O,O-diethyl S-
[2-
(ethylthio)ethyl]
ester
Endosulfan I................ 959-98-8............ 6,9-Methano-2,4,3-
benzodiox-athiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3-
oxide,
Endosulfan II............... 33213-65-9.......... 6,9-Methano-2,4,3-
benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3-
oxide,
(3[alpha],5a[alpha]
, 6[beta],9[beta],
9a[alpha])-
Endosulfan sulfate.......... 1031-07-8........... 6,9-Methano-2,4,3-
benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3,3-
dioxide
Endrin...................... 72-20-8............. 2,7:3,6-
Dimethanonaphth[2,3-
b]oxirene,
3,4,5,6,9,9-
hexachloro-
1a,2,2a,3,6,6a,7,7a-
octahydro-,
(1a[alpha],
2[beta],2a[beta],
3[alpha],6[alpha],
6a[beta],7[beta],7a
[alpha])-
Endrin aldehyde............. 7421-93-4........... 1,2,4-Methenocyclo-
penta[cd]pentalene-
5-
carboxaldehyde,2,2a
,3,3,4,7-
hexachlorodecahydro-
(1[alpha],2[beta],
2a[beta],4[beta],
4a[beta],5[beta],6a
[beta],6b[beta],7R*
)-
Ethylbenzene................ 100-41-4............ Benzene, ethyl-
Ethyl methacrylate.......... 97-63-2............. 2-Propenoic acid, 2-
methyl-, ethyl
ester
Ethyl methanesulfonate...... 62-50-0............. Methanesulfonic
acid, ethyl ester
Famphur..................... 52-85-7............. Phosphorothioic
acid, O-[4-
[(dimethylamino)sul
fonyl]phenyl]-O,O-
dimethyl ester
Fluoranthene................ 206-44-0............ Fluoranthene
Fluorene.................... 86-73-7............. 9H-Fluorene
Heptachlor.................. 76-44-8............. 4,7-Methano-1H-
indene,1,4,5,6,7,8,
8-heptachloro-
3a,4,7,7a-
tetrahydro-
Heptachlor epoxide.......... 1024-57-3........... 2,5-Methano-2H-
indeno[1,2-
b]oxirene,
2,3,4,5,6,7,7-
heptachlor-
1a,1b,5,5a,6,6a,-
hexahydr-
,(1a[alpha],1b[beta
],
2[alpha],5[alpha],5
a[beta],6[beta],6a[
alpha])
Hexachlorobenzene........... 118-74-1............ Benzene, hexachloro-
Hexachlorobutadiene......... 87-68-3............. 1,3-Butadiene,
1,1,2,3,4,4-
hexachloro-
Hexachlorocyclopentadiene... 77-47-4............. 1,3-Cyclopentadiene,
1,2,3,4,5,5-
hexachloro-
Hexachloroethane............ 67-72-1............. Ethane, hexachloro-
Hexachloropropene........... 1888-71-7........... 1-Propene,
1,1,2,3,3,3-
hexachloro-
2-Hexanone; Methyl butyl 591-78-6............ 2-Hexanone
ketone.
Indeno(1,2,3-cd)pyrene...... 193-39-5............ Indeno[1,2,3-
cd]pyrene
Isobutyl alcohol............ 78-83-1............. 1-Propanol, 2-methyl-
Isodrin..................... 465-73-6............ 1,4,5,8-
Dimethanonaphthalen
e,1,2,3,4,1 0,10-
hexachloro-
1,4,4a,5,8,8a
hexahydro-
(1[alpha],
4[alpha],
4a[beta],5[beta],8[
beta],8a[beta])-
Isophorone.................. 78-59-1............. 2-Cyclohexen-1-one,
3,5,5-trimethyl-
Isosafrole.................. 120-58-1............ 1,3-Benzodioxole, 5-
(1-propenyl)-
Kepone...................... 143-50-0............ 1,3,4-Metheno-2H-
cyclobuta-
[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,
5b,6-
decachlorooctahydro-
Lead........................ (Total)............. Lead
Mercury..................... (Total)............. Mercury
Methacrylonitrile........... 126-98-7............ 2-Propenenitrile, 2-
methyl-
Methapyrilene............... 91-80-5............. 1,2,Ethanediamine,
N,N-dimethyl-N'-2-
pyridinyl-N'-(2-
thienylmethyl)-
Methoxychlor................ 72-43-5............. Benzene, 1,1'-
(2,2,2,trichloroeth
ylidene)bis [4-
methoxy-
Methyl bromide; Bromomethane 74-83-9............. Methane, bromo-
Methyl chloride; 74-87-3............. Methane, chloro-
Chloromethane.
3-Methylcholanthrene........ 56-49-5............. Benz[j]aceanthrylene
, 1,2-dihydro-3-
methyl-
Methyl ethyl ketone; MEK; 2- 78-93-3............. 2-Butanone
Butanone.
Methyl iodide; Iodomethane.. 74-88-4............. Methane, iodo-
Methyl methacrylate......... 80-62-6............. 2-Propenoic acid, 2-
methyl-, methyl
ester
Methyl methanesulfonate..... 66-27-3............. Methanesulfonic
acid, methyl ester
2-Methylnaphthalene......... 91-57-6............. Naphthalene, 2-
methyl-
Methyl parathion; Parathion 298-00-0............ Phosphorothioic
methyl. acid, O,O-dimethyl
[[Page 34559]]
4-Methyl-2-pentanone; Methyl 108-10-1............ 2-Pentanone, 4-
isobutyl ketone. methyl-
Methylene bromide; 74-95-3............. Methane, dibromo-
Dibromomethane.
Methylene chloride; 75-09-2............. Methane, dichloro-
Dichloromethane.
Naphthalene................. 91-20-3............. Naphthalene
1,4-Naphthoquinone.......... 130-15-4............ 1,4-Naphthalenedione
1-Naphthylamine............. 134-32-7............ 1-Naphthalenamine
2-Naphthylamine............. 91-59-8............. 2-Naphthalenamine
Nickel...................... (Total)............. Nickel
o-Nitroaniline; 2- 88-74-4............. Benzenamine, 2-nitro-
Nitroaniline.
m-Nitroaniline; 3- 99-09-2............. Benzenamine, 3-nitro-
Nitroaniline.
p-Nitroaniline; 4- 100-01-6............ Benzenamine, 4-nitro-
Nitroaniline.
Nitrobenzene................ 98-95-3............. Benzene, nitro-
o-Nitrophenol; 2-Nitrophenol 88-75-5............. Phenol, 2-nitro-
p-Nitrophenol; 4-Nitrophenol 100-02-7............ Phenol, 4-nitro-
N-Nitrosodi-n-butylamine.... 924-16-3............ 1-Butanamine, N-
butyl-N-nitroso-
N-Nitrosodiethylamine....... 55-18-5............. Ethanamine, N-ethyl-
N-nitroso-
N-Nitrosodimethylamine...... 62-75-9............. Methanamine, N-
methyl-N-nitroso-
N-Nitrosodiphenylamine...... 86-30-6............. Benzenamine, N-
nitroso-N-phenyl-
N-Nitrosodipropylamine; N- 621-64-7............ 1-Propanamine, N-
Nitroso-N-dipropylamine; Di- nitroso-N-propyl-
n-propylnitrosamine.
N-Nitrosomethylethalamine... 10595-95-6.......... Ethanamine, N-methyl-
N-nitroso-
N-Nitrosopiperidine......... 100-75-4............ Piperidine, 1-
nitroso-
N-Nitrosopyrrolidine........ 930-55-2............ Pyrrolidine, 1-
nitroso-
5-Nitro-o-toluidine......... 99-55-8............. Benzenamine, 2-
methyl-5-nitro-
Parathion................... 56-38-2............. Phosphorothioic
acid, O,O-diethyl-O-
(4-nitrophenyl)
ester
Pentachlorobenzene.......... 608-93-5............ Benzene, pentachloro-
Pentachloronitrobenzene..... 82-68-8............. Benzene,
pentachloronitro-
Pentachlorophenol........... 87-86-5............. Phenol, pentachloro-
Phenacetin.................. 62-44-2............. Acetamide, N-(4-
ethoxyphenyl)
Phenanthrene................ 85-01-8............. Phenanthrene
Phenol...................... 108-95-2............ Phenol
p-Phenylenediamine.......... 106-50-3............ 1,4-Benzenediamine
Phorate..................... 298-02-2............ Phosphorodithioic
acid, O,O-diethyl S-
[(ethylthio)methyl
] ester
Polychlorinated biphenyls; See footnote 6...... 1,1'-Biphenyl,
PCBs. chloro derivatives
Pronamide................... 23950-58-5.......... Benzamide, 3,5-
dichloro-N-(1,1-
dimethyl-2-
propynyl)-
Propionitrile; Ethyl cyanide 107-12-0............ Propanenitrile
Pyrene...................... 129-00-0............ Pyrene
Safrole..................... 94-59-7............. 1,3-Benzodioxole, 5-
(2- propenyl)-
Selenium.................... (Total)............. Selenium
Silver...................... (Total)............. Silver
Silvex; 2,4,5-TP............ 93-72-1............. Propanoic acid, 2-
(2,4,5-
trichlorophenoxy)-
Styrene..................... 100-42-5............ Benzene, ethenyl-
Sulfide..................... 18496-25-8.......... Sulfide
2,4,5-T; 2,4,5- 93-76-5............. Acetic acid, (2,4,5-
Trichlorophenoxyacetic acid. trichlorophenoxy)-
2,3,7,8-TCDD; 2,3,7,8- 1746-01-6........... Dibenzo[b,e][1,4]dio
Tetrachlorodibenzo- p- xin, 2,3,7,8-
dioxin. tetrachloro-
1,2,4,5-Tetrachlorobenzene.. 95-94-3............. Benzene, 1,2,4,5-
tetrachloro-
1,1,1,2-Tetrachloroethane... 630-20-6............ Ethane, 1,1,1,2-
tetrachloro-
1,1,2,2-Tetrachloroethane... 79-34-5............. Ethane, 1,1,2,2-
tetrachloro-
Tetrachloroethylene; 127-18-4............ Ethene, tetrachloro-
Tetrachloroethene;
Perchloroethylene.
2,3,4,6-Tetrachlorophenol... 58-90-2............. Phenol, 2,3,4,6-
tetrachloro-
Thallium.................... (Total)............. Thallium
Tin......................... (Total)............. Tin
Toluene..................... 108-88-3............ Benzene, methyl-
o-Toluidine................. 95-53-4............. Benzenamine, 2-
methyl-
Toxaphene................... See footnote 7...... Toxaphene
1,2,4-Trichlorobenzene...... 120-82-1............ Benzene, 1,2,4-
trichloro-
1,1,1-Trichloroethane; 71-55-6............. Ethane, 1,1,1-
Methylchloroform. trichloro-
1,1,2-Trichloroethane....... 79-00-5............. Ethane, 1,1,2-
trichloro-
Trichloroethylene; 79-01-6............. Ethene, trichloro-
Trichloroethene.
Trichlorofluoromethane; CFC- 75-69-4............. Methane,
11. trichlorofluoro-
2,4,5-Trichlorophenol....... 95-95-4............. Phenol, 2,4,5-
trichloro-
2,4,6-Trichlorophenol....... 88-06-2............. Phenol, 2,4,6-
trichloro-
1,2,3-Trichloropropane...... 96-18-4............. Propane, 1,2,3-
trichloro-
O,O,O-Triethyl 126-68-1............ Phosphorothioic
phosphorothioate. acid, O,O,O-
triethyl ester
sym-Trinitrobenzene......... 99-35-4............. Benzene, 1,3,5-
trinitro-
Vanadium.................... (Total)............. Vanadium
Vinyl acetate............... 108-05-4............ Acetic acid, ethenyl
ester
Vinyl chloride; Chloroethene 75-01-4............. Ethene, chloro-
Xylene (total).............. See footnote 8...... Benzene, dimethyl-
Zinc........................ (Total)............. Zinc
------------------------------------------------------------------------
\1\ Common names are those widely used in government regulations,
scientific publications, and commerce; synonyms exist for many
chemicals.
[[Page 34560]]
\2\ Chemical Abstracts Service registry number. Where ``Total'' is
entered, all species in the ground water that contain this element are
included.
\3\ CAS index names are those used in the 9th Cumulative Index.
\4\ This substance is often called bis(2-chloroisopropyl) ether, the
name Chemical Abstracts Service applies to its noncommercial isomer,
propane, 2,2''-oxybis[2-chloro-(CAS RN 39638-32-9).
\5\ Chlordane: This entry includes alpha-chlordane (CAS RN 5103-71-9),
beta-chlordane (CAS RN 5103-74-2), gamma-chlordane (CAS RN 5566-34-7),
and constituents of chlordane (CAS RN 57-74-9 and CAS RN 12789-03-6).
\6\ Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains
congener chemicals, including constituents of Aroclor-1016 (CAS RN
12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN
11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN
12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS
RN 11096-82-5).
\7\ Toxaphene: This entry includes congener chemicals contained in
technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene.
\8\ Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-
xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified
xylenes (dimethylbenzenes) (CAS RN 1330-20-7).
PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
0
7. The authority citation for part 260 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
Subpart B--Definitions
0
8. Section 260.11 is revised to read as follows:
Sec. 260.11 References.
(a) When used in parts 260 through 270 of this chapter, the
following publications are incorporated by reference. These
incorporations by reference were approved by the Director of the
Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These
materials are incorporated as they exist on the date of approval and a
notice of any change in these materials will be published in the
Federal Register. Copies may be inspected at the Library, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW. (3403T),
Washington, DC 20460, [email protected]; or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) The following materials are available for purchase from the
American Society for Testing and Materials, 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428-2959.
(1) ASTM D-93-79 or D-93-80, ``Standard Test Methods for Flash
Point by Pensky-Martens Closed Cup Tester,'' IBR approved for Sec.
261.21.
(2) ASTM D-1946-82, ``Standard Method for Analysis of Reformed
Gas by Gas Chromatography,'' IBR approved for Sec. Sec. 264.1033,
265.1033.
(3) ASTM D 2267-88, ``Standard Test Method for Aromatics in
Light Naphthas and Aviation Gasolines by Gas Chromatography,'' IBR
approved for Sec. 264.1063.
(4) ASTM D 2382-83, ``Standard Test Method for Heat of
Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision
Method),'' IBR approved for Sec. Sec. 264.1033, 265.1033.
(5) ASTM D 2879-92, ``Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope,'' IBR approved for Sec. 265.1084.
(6) ASTM D-3278-78, ``Standard Test Methods for Flash Point for
Liquids by Setaflash Closed Tester,'' IBR approved for Sec.
261.21(a).
(7) ASTM E 168-88, ``Standard Practices for General Techniques
of Infrared Quantitative Analysis,'' IBR approved for Sec.
264.1063.
(8) ASTM E 169-87, ``Standard Practices for General Techniques
of Ultraviolet-Visible Quantitative Analysis,'' IBR approved for
Sec. 264.1063.
(9) ASTM E 260-85, ``Standard Practice for Packed Column Gas
Chromatography,'' IBR approved for Sec. 264.1063.
(10) ASTM E 926-88, ``Standard Test Methods for Preparing
Refuse-Derived Fuel (RDF) Samples for Analyses of Metals,'' Test
Method C--Bomb, Acid Digestion Method.
(c) The following materials are available for purchase from the
National Technical Information Service, 5285 Port Royal Road,
Springfield, VA 22161; or for purchase from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402, (202)
512-1800.
(1) ``APTI Course 415: Control of Gaseous Emissions,'' EPA
Publication EPA-450/2-81-005, December 1981, IBR approved for
Sec. Sec. 264.1035, 265.1035, 270.24, 270.25.
(2) Method 1664, Revision A, n-Hexane Extractable Material (HEM;
Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material
(SGT-HEM; Non-polar Material) by Extraction and Gravimetry, PB99-
121949, IBR approved for part 261, appendix IX.
(3) The following methods as published in the test methods
compendium known as ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, Third Edition.
A suffix of ``A'' in the method number indicates revision one (the
method has been revised once). A suffix of ``B'' in the method
number indicates revision two (the method has been revised twice). A
suffix of ``C'' in the method number indicates revision three (the
method has been revised three times). A suffix of ``D'' in the
method number indicates revision four (the method has been revised
four times).
(i) Method 0010, dated September 1986 and in the Basic Manual,
IBR approved for part 261, appendix IX.
(ii) Method 0020, dated September 1986 and in the Basic Manual,
IBR approved for part 261, appendix IX.
(iii) Method 0030, dated September 1986 and in the Basic Manual,
IBR approved for part 261, appendix IX.
(iv) Method 1320, dated September 1986 and in the Basic Manual,
IBR approved for part 261, appendix IX.
(v) Method 1311, dated September 1992 and in Update I, IBR
approved for part 261, appendix IX, and Sec. Sec. 261.24, 268.7,
268.40.
(vi) Method 1330A, dated September 1992 and in Update I, IBR
approved for part 261, appendix IX.
(vii) Method 1312 dated September 1994 and in Update II, IBR
approved for part 261, appendix IX.
(viii) Method 0011, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, and part 266, appendix IX.
(ix) Method 0023A, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, part 266, appendix IX, and Sec.
266.104.
(x) Method 0031, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX.
(xi) Method 0040, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX.
(xii) Method 0050, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, part 266, appendix IX, and Sec.
266.107.
(xiii) Method 0051, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, part 266, appendix IX, and Sec.
266.107.
(xiv) Method 0060, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, Sec. 266.106, and part 266,
appendix IX.
(xv) Method 0061, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, Sec. 266.106, and part 266,
appendix IX.
(xvi) Method 9071B, dated April 1998 and in Update IIIA, IBR
approved for part 261, appendix IX.
(xvii) Method 1010A, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xviii) Method 1020B, dated November 2004 and in Update IIIB,
IBR approved for part 261, appendix IX.
(xix) Method 1110A, dated November 2004 and in Update IIIB, IBR
approved for Sec. 261.22 and part 261, appendix IX.
(xx) Method 1310B, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xxi) Method 9010C, dated November 2004 and in Update IIIB, IBR
approved for part
[[Page 34561]]
261, appendix IX and Sec. Sec. 268.40, 268.44, 268.48.
(xxii) Method 9012B, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX and Sec. Sec. 268.40, 268.44,
268.48.
(xxiii) Method 9040C, dated November 2004 and in Update IIIB,
IBR approved for part 261, appendix IX and Sec. 261.22.
(xxiv) Method 9045D, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xxv) Method 9060A, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX, and Sec. Sec. 264.1034,
264.1063, 265.1034, 265.1063.
(xxvi) Method 9070A, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xxvii) Method 9095B, dated November 2004 and in Update IIIB,
IBR approved, part 261, appendix IX, and Sec. Sec. 264.190,
264.314, 265.190, 265.314, 265.1081, 268.32.
(d) The following materials are available for purchase from the
National Fire Protection Association, 1 Batterymarch Park, P.O. Box
9101, Quincy, MA 02269-9101.
(1) ``Flammable and Combustible Liquids Code'' (1977 or 1981),
IBR approved for Sec. Sec. 264.198, 265.198.
(2) [Reserved]
(e) The following materials are available for purchase from the
American Petroleum Institute, 1220 L Street, Northwest, Washington, DC
20005.
(1) API Publication 2517, Third Edition, February 1989,
``Evaporative Loss from External Floating-Roof Tanks,'' IBR approved
for Sec. 265.1084.
(2) [Reserved]
(f) The following materials are available for purchase from the
Environmental Protection Agency, Research Triangle Park, NC.
(1) ``Screening Procedures for Estimating the Air Quality Impact
of Stationary Sources, Revised'', October 1992, EPA Publication No.
EPA-450/R-92-019, IBR approved for part 266, appendix IX.
(2) [Reserved]
(g) The following materials are available for purchase from the
Organisation for Economic Co-operation and Development, Environment
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.
(1) OECD Green List of Wastes (revised May 1994), Amber List of
Wastes and Red List of Wastes (both revised May 1993) as set forth
in Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD
Council Decision C(92)39/FINAL (Concerning the Control of
Transfrontier Movements of Wastes Destined for Recovery Operations),
IBR approved for 262.89 of this chapter.
(2) [Reserved]
Subpart C--Rulemaking Petitions
0
9. Section 260.21 is amended by revising paragraph (d) to read as
follows:
Sec. 260.21 Petitions for equivalent testing or analytical methods.
* * * * *
(d) If the Administrator amends the regulations to permit use of a
new testing method, the method will be incorporated by reference in
Sec. 260.11 and added to ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, U.S. Environmental
Protection Agency, Office of Solid Waste, Washington, DC 20460.
0
10. Section 260.22 is amended by revising paragraph (d)(1)(i) to read
as follows:
Sec. 260.22 Petitions to amend part 261 to exclude a waste produced
at a particular facility.
* * * * *
(d) * * *
(1) * * *
(i) Does not contain the constituent or constituents (as defined in
Appendix VII of part 261 of this chapter) that caused the Administrator
to list the waste; or
* * * * *
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
11. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.
Subpart A--General
0
12. Section 261.3 is amended by revising paragraph (a)(2)(v)
introductory text to read as follows:
Sec. 261.3 Definition of hazardous waste.
(a) * * *
(2) * * *
(v) Rebuttable presumption for used oil. Used oil containing more
than 1000 ppm total halogens is presumed to be a hazardous waste
because it has been mixed with halogenated hazardous waste listed in
subpart D of part 261 of this chapter. Persons may rebut this
presumption by demonstrating that the used oil does not contain
hazardous waste (for example, to show that the used oil does not
contain significant concentrations of halogenated hazardous
constituents listed in appendix VIII of part 261 of this chapter).
* * * * *
Subpart C--Characteristics of Hazardous Waste
0
13. Section 261.21 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 261.21 Characteristic of ignitability.
(a) * * *
(1) It is a liquid, other than an aqueous solution containing less
than 24 percent alcohol by volume and has flash point less than 60
[deg]C (140 [deg]F), as determined by a Pensky-Martens Closed Cup
Tester, using the test method specified in ASTM Standard D 93-79 or D
93-80 (incorporated by reference, see Sec. 260.11), or a Setaflash
Closed Cup Tester, using the test method specified in ASTM Standard D
3278-78 (incorporated by reference, see Sec. 260.11).
* * * * *
0
14. Section 261.22 is amended by revising paragraphs (a)(1) and (2) to
read as follows:
Sec. 261.22 Characteristic of corrosivity.
(a) * * *
(1) It is aqueous and has a pH less than or equal to 2 or greater
than or equal to 12.5, as determined by a pH meter using Method 9040C
in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication SW-846, as incorporated by reference in
Sec. 260.11 of this chapter.
(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater
than 6.35 mm (0.250 inch) per year at a test temperature of 55 [deg]C
(130 [deg]F) as determined by Method 1110A in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846, and as incorporated by reference in Sec. 260.11 of this
chapter.
* * * * *
Subpart D--Lists of Hazardous Wastes
0
15. Section 261.35 is amended by revising paragraphs (b)(2)(iii)(A) and
(B) to read as follows:
Sec. 261.35 Deletion of certain hazardous waste codes following
equipment cleaning and replacement.
* * * * *
(b) * * *
(2) * * *
(iii) * * *
(A) Rinses must be tested by using an appropriate method.
(B) ``Not detected'' means at or below the following lower method
calibration limits (MCLs): The 2,3,7,8-TCDD-based MCL--0.01 parts per
trillion (ppt), sample weight of 1000 g, IS spiking
[[Page 34562]]
level of 1 ppt, final extraction volume of 10-50 [mu]L. For other
congeners--multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for
HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for OCDD/OCDF.
* * * * *
0
16. Section 261.38 is amended by revising paragraph (c)(7) introductory
text to read as follows:
Sec. 261.38 Comparable/Syngas Fuel Exclusion.
* * * * *
(c) * * *
(7) Waste analysis plans. The generator of a comparable/syngas fuel
shall develop and follow a written waste analysis plan which describes
the procedures for sampling and analysis of the hazardous waste to be
excluded. The plan shall be followed and retained at the facility
excluding the waste.
* * * * *
0
17. Appendix I to part 261 is amended by revising paragraphs four and
five to read as follows:
Appendix I to Part 261--Representative Sampling Methods
* * * * *
Containerized liquid waste--``COLIWASA.''
Liquid waste in pits, ponds, lagoons, and similar reservoirs.--
``Pond Sampler.''
* * * * *
Appendices II and III to Part 261 [Removed and Reserved]
0
18. Part 261 is amended by removing and reserving Appendices II and
III.
0
19. Appendix IX to part 261 is amended in Table 1:
0
a. In the entry for ``Aptus, Inc, Coffeyville, Kansas,'' under the
``Waste description'' column, by revising paragraphs (2), (3), and (4);
0
b. In the entry for ``Arkansas Department of Pollution Control and
Ecology, Vertac Superfund site, Jacksonville, Arkansas,'' under the
``Waste description'' column, by revising the introductory text of
paragraph (1) and by revising paragraph (3)(C);
0
c. In the entry for ``Bekaert Corp., Dyersburg, TN,'' under the ``Waste
description'' column, by revising paragraph (4)(B);
0
d. In the entry for ``Bethlehem Steel Corporation, Sparrows Point,
Maryland,'' under the ``Waste description'' column, by revising the
introductory text of paragraph (1);
0
e. In the entry for ``BMW Manufacturing Corporation, Greer, South
Carolina,'' under the ``Waste description'' column, by revising the
introductory text of paragraph (2);
0
f. In the entry for ``DuraTherm, Incorporated, San Leon, Texas,'' under
the ``Waste description'' column, by revising the introductory text of
paragraph (3);
0
g. In the entry for ``Eastman Chemical Company, Longview, Texas,''
under the ``Waste description'' column, by revising the introductory
text of paragraph (3);
0
h. In the entry for ``Envirite of Pennsylvania (formerly Envirite
Corporation), York, Pennsylvania,'' under the ``Waste description''
column, by revising paragraph (2);
0
i. In the entry for ``Geological Reclamation Operations and Waste
Systems, Inc., Morrisville, PA,'' under the ``Waste description''
column, by revising the introductory text of paragraph (1);
0
j. In the entry for ``McDonnell Douglas Corporation, Tulsa, Oklahoma,''
under the ``Waste description'' column, by revising paragraph (3);
0
k. In the entry for ``Occidental Chemical, Ingleside, Texas,'' under
the ``Waste description'' column, by revising the introductory text of
paragraph (3);
0
l. By removing the entry for ``OxyVinyls, L.P., Deer Park, TX;''
0
m. In the entry for ``Rhodia, Houston, Texas,'' under the ``Waste
description'' column, by revising the introductory text of paragraph
(3);
0
n. In the entry for ``Syntex Agribusiness, Springfield, MO,'' under the
``Waste description'' column, by revising paragraphs (2), (3), (4),
(5), and (6);
0
o. In the entry for ``Texas Eastman, Longview, Texas,'' under the
``Waste description'' column, by revising paragraph 3;
0
p. In the entry for ``Tokusen USA, Inc., Conway, AR,'' under the
``Waste description'' column, by revising paragraph (2)(C), the
introductory text of paragraph (3), and paragraphs (3)(A)(ii), (3)(B),
and (3)(C)(ii);
0
q. In the entry for ``Tyco Printed Circuit Group, Melbourne Division,
Melbourne, Florida,'' under the ``Waste description'' column, by
revising the introductory text of paragraph (1).
The revisions read as follows:
Appendix IX to Part 261--Wastes Excluded Under Sec. Sec. 260.20 and
260.22
Table 1.--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Aptus, Inc................................. Coffeyville, Kansas........................ (1) * * *
[[Page 34563]]
(2) A minimum of four
grab samples must be
taken from each
hopper (or other
container) of kiln
residue generated
during each 24-hour
run; all grabs
collected during a
given 24-hour run
must then be
composited to form
one composite sample.
A minimum of four
grab samples must
also be taken from
each hopper (or other
container) of spray
dryer/baghouse
residue generated
during each 24-hour
run; all grabs
collected during a
given 24-hour run
must then be
composited to form
one composite sample.
Prior to the disposal
of the residues from
each 24-hour run, a
TCLP leachate test
must be performed on
these composite
samples and the
leachate analyzed for
the TC toxic metals,
nickel, and cyanide.
If arsenic, chromium,
lead or silver TC
leachate test results
exceed 1.6 ppm,
barium levels exceed
32 ppm, cadmium or
selenium levels
exceed 0.3 ppm,
mercury levels exceed
0.07 ppm, nickel
levels exceed 10 ppm,
or cyanide levels
exceed 6.5 ppm, the
wastes must be
retreated to achieve
these levels or must
be disposed in
accordance with
subtitle C of RCRA.
Analyses must be
performed according
to appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring use of SW-
846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B.
(3) Aptus must
generate, prior to
the disposal of the
residues,
verification data
from each 24 hour run
for each treatment
residue (i.e., kiln
residue, spray dryer/
baghouse residue) to
demonstrate that the
maximum allowable
treatment residue
concentrations listed
below are not
exceeded. Samples
must be collected as
specified in
Condition (2).
Analyses must be
performed according
to appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. Any
residues which exceed
any of the levels
listed below must be
retreated or must be
disposed of as
hazardous. Kiln
residue and spray
dryer/baghouse
residue must not
exceed the following
levels:
Aldrin--0.015 ppm,
Benzene--9.7 ppm,
Benzo(a)pyrene--0.43
ppm,
Benzo(b)fluoranthene)
-1.8 ppm, Chlordane--
0.37 ppm, Chloroform--
5.4 ppm, Chrysene--
170 ppm,
Dibenz(a,h)anthracene
-0.083 ppm, 1.2-
Dichloroethane--4.1
ppm, Dichloromethane--
2.4 ppm, 2,4-
Dichlorophenol--480
ppm, Dichlorvos--260
ppm, Disulfaton--23
ppm, Endosulfan I--
310 ppm, Fluorene--
120 ppm,
Indeno(1,2,3,cd)-
pyrene--330 ppm,
Methyl parathion--210
ppm,
Nitrosodiphenylamine-
-130 ppm,
Phenanthrene--150
ppm, Polychlorinated
biphenyls--0.31 ppm,
Tetrachlorethylene--5
9 ppm, 2,4,5-TP
(silvex)--110 ppm,
2,4,6-
Trichlorophenol--3.9
ppm.
(4) Aptus must
generate, prior to
disposal of residues,
verification data
from each 24-hour run
for each treatment
residue (i.e., kiln
residue, spray dryer/
baghouse residue) to
demonstrate that the
residues do not
contain tetra-, penta-
, or
hexachlorodibenzo-p-
dioxins or furans at
levels of regulatory
concern. Samples must
be collected as
specified in
Condition (2). The
TCDD equivalent
levels for the solid
residues must be less
than 5 ppt. Any
residues with
detected dioxins or
furans in excess of
this level must be
retreated or must be
disposed of as
acutely hazardous.
For tetra- and penta-
chlorinated dioxin
and furan homologs,
the maximum practical
quantitation limit
must not exceed 15
ppt for the solid
residues. For
hexachlorinated
dioxin and furan
homologs, the maximum
practical
quantitation limit
must not exceed 37
ppt for the solid
residues.
* * * * *
* * * * * * *
Arkansas Department of Pollution Control Vertac Superfund site, Jacksonville, * * * * *
and Ecology. Arkansas.
[[Page 34564]]
(1) Testing: Sample
collection and
analyses (including
quality control (QC)
procedures) must be
performed according
to appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B.
* * * * *
(3) * * *
(C) Chlorinated
dioxins and furans:
2,3,7,8-
Tetrachlorodibenzo-p-
dioxin equivalents, 4
x 10-7 ppm. The
petitioned by-product
must be analyzed for
the tetra-, penta-,
hexa-, and
heptachlorodibenzo-p-
dioxins, and the
tetra-, penta-, hexa-
, and
heptachlorodibenzofur
ans to determine the
2, 3, 7, 8-tetra-
chlorodibenzo-p-
dioxin equivalent
concentration. The
analysis must be
conducted using a
measurement system
that achieves
practical
quantitation limits
of 15 parts per
trillion (ppt) for
the tetra- and penta-
homologs, and 37 ppt
for the hexa- and
hepta-homologs.
* * * * *
* * * * * * *
Bekaert Corp............................... Dyersburg, TN.............................. * * * * *
(4) * * *
(A) * * *
(B) The sample for the
annual testing shall
be a representative
composite sample for
all constituents
listed in paragraph
(1).
Bethlehem Steel Corporation................ Sparrows Point, Maryland................... * * * * *
(1) Testing: Sample
collection and
analyses (including
quality control (QC)
procedures) must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. If EPA
judges the
stabilization process
to be effective under
the conditions used
during the initial
verification testing,
BSC may replace the
testing required in
Condition (1)(A) with
the testing required
in Condition (1)(B).
BSC must continue to
test as specified in
Condition (1)(A)
until and unless
notified by EPA in
writing that testing
in Condition (1)(A)
may be replaced by
Condition (1)(B) (to
the extent directed
by EPA).
* * * * *
BMW Manufacturing Corporation.............. Greer, South Carolina...................... * * * * *
(2) Verification
Testing Requirements:
Sample collection and
analyses, including
quality control
procedures, must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. Methods
must meet Performance
Based Measurement
System Criteria in
which the Data
Quality Objectives
are to demonstrate
that representative
samples of the BMW
Sludge meet the
delisting levels in
Condition (1).
* * * * *
* * * * * * *
DuraTherm, Incorporated.................... San Leon, Texas............................ * * * * *
[[Page 34565]]
(3) Verification
Testing Requirements:
DuraTherm must
perform sample
collection and
analyses, including
quality control
procedures, using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. If EPA
judges the process to
be effective under
the operating
conditions used
during the initial
verification testing,
DuraTherm may replace
the testing required
in Paragraph (3)(A)
with the testing
required in Paragraph
(3)(B). DuraTherm
must continue to test
as specified in
Paragraph (3)(A)
until and unless
notified by EPA in
writing that testing
in Paragraph (3)(A)
may be replaced by
Paragraph (3)(B).
* * * * *
Eastman Chemical Company................... Longview, Texas............................ * * * * *
(3) Verification
Testing Requirements:
Eastman must perform
sample collection and
analyses, including
quality control
procedures, using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. After
completion of the
initial verification
period, Eastman may
replace the testing
required in Condition
(3)(A) with the
testing required in
Condition (3)(B).
Eastman must continue
to test as specified
in Condition (3)(A)
until and unless
notified by EPA in
writing that testing
in Condition (3)(A)
may be replaced by
Condition (3)(B).
* * * * *
* * * * * * *
Envirite of Pennsylvania (formerly Envirite York, Pennsylvania......................... * * * * *
Corporation).
(2) Each batch of
treatment residue
must be tested for
leachable cyanide.If
the leachable cyanide
levels (using the EP
Toxicity test without
acetic acid
adjustment) exceed
1.26 ppm, the waste
must be re-treated or
managed and disposed
as a hazardous waste
under 40 CFR Parts
262 to 265 and the
permitting standards
of 40 CFR Part 270.
* * * * *
* * * * * * *
Geological Reclamation Operations and Morrisville, Pennsylvania.................. * * * * *
Systems, Inc.
(1) Testing: Sample
collection and
analyses, including
quality control (QC)
procedures, must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B.
* * * * *
* * * * * * *
McDonnell Douglas Corporation.............. Tulsa, Oklahoma............................ * * * * *
[[Page 34566]]
(3) Verification
Testing Requirements:
Sample collection and
analyses, including
quality control
procedures, must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. McDonnell
Douglas must
stabilize the
previously
unstabilized waste
from the bottom
portion of the
northwest lagoon of
the surface
impoundment (which
was closed as a
landfill) using fly
ash, kiln dust or
similar accepted
materials in batches
of 500 cubic yards or
less. McDonnell
Douglas must analyze
one composite sample
from each batch of
500 cubic yards or
less. A minimum of
four grab samples
must be taken from
each waste pile (or
other designated
holding area) of
stabilized waste
generated from each
batch run. Each
composited batch
sample must be
analyzed, prior to
disposal of the waste
in the batch
represented by that
sample, for
constituents listed
in Condition (1).
There are no
verification testing
requirements for the
stabilized wastes in
the upper portions of
the northwest lagoon,
the entire northeast
lagoon, and the
entire south lagoon
of the surface
impoundments which
were closed as a
landfill.
* * * * *
* * * * * * *
Occidental Chemical........................ Ingleside, Texas........................... * * * * *
(3) Verification
Testing Requirements:
Sample collection and
analyses, including
quality control
procedures, must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, any analyses
requiring use of SW-
846 methods
incorporated by
reference in 40 CFR
260.11 must use those
methods without
substitution. As
applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. If EPA
judges the
incineration process
to be effective under
the operating
conditions used
during the initial
verification testing,
Occidental Chemical
may replace the
testing required in
Condition (3)(A) with
the testing required
in Condition (3)(B).
Occidental Chemical
must continue to test
as specified in
Condition (3)(A)
until and unless
notified by EPA in
writing that testing
in Condition (3)(A)
may be replaced by
Condition (3)(B).
* * * * *
* * * * * * *
Rhodia..................................... Houston, Texas............................. * * * * * *
(3) Verification
Testing Requirements:
Rhodia must perform
sample collection and
analyses, including
quality control
procedures, using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. If EPA
judges the process to
be effective under
the operating
conditions used
during the initial
verification testing,
Rhodia may replace
the testing required
in Condition (3)(A)
with the testing
required in Condition
(3)(B). Rhodia must
continue to test as
specified in
Condition (3)(A)
until and unless
notified by EPA in
writing that testing
in Condition (3)(A)
may be replaced by
Condition (3)(B).
* * * * *
* * * * * * *
Syntex Agribusiness........................ Springfield, MO............................ * * * * *
[[Page 34567]]
(2) Four grab samples
of wastewater must be
composited from the
volume of filtered
wastewater collected
after each eight hour
run and, prior to
disposal the
composite samples
must be analyzed for
the EP toxic metals,
nickel, and cyanide.
If arsenic, chromium,
lead, and silver EP
leachate test results
exceed 0.61 ppm;
barium levels exceed
12 ppm; cadmium and
selenium levels
exceed 0.12 ppm;
mercury levels exceed
0.02 ppm; nickel
levels exceed 6.1
ppm; or cyanide
levels exceed 2.4
ppm, the wastewater
must be retreated to
achieve these levels
or must be disposed
in accordance with
all applicable
hazardous waste
regulations. Analyses
must be performed
using appropriate
methods. As
applicable to the
method- defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B.
(3) One grab sample
must be taken from
each drum of kiln and
cyclone ash generated
during each eight-
hour run; all grabs
collected during a
given eight-hour run
must then be
composited to form
one composite sample.
A composite sample of
four grab samples of
the separator sludge
must be collected at
the end of each eight-
hour run. Prior to
the disposal of the
residues from each
eight-hour run, an EP
leachate test must be
performed on these
composite samples and
the leachate analyzed
for the EP toxic
metals, nickel, and
cyanide (using a
distilled water
extraction for the
cyanide extraction)
to demonstrate that
the following maximum
allowable treatment
residue
concentrations listed
below are not
exceeded. Analyses
must be performed
using appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. Any
residues which exceed
any of the levels
listed below must be
retreated to achieve
these levels or must
be disposed in
accordance with all
applicable hazardous
waste regulations.
Maximum Allowable
Solids Treatment
Residue EP Leachate
Concentrations (mg/L)
Arsenic--1.6, Barium--
32, Cadmium--0.32,
Chromium--1.6, Lead--
1.6, Mercury--0.065,
Nickel--16, Selenium--
0.32, Silver--1.6,
Cyanide--6.5.
(4) If Syntex
stabilizes any of the
kiln and cyclone ash
or separator sludge,
a Portland cement-
type stabilization
process must be used
and Syntex must
collect a composite
sample of four grab
samples from each
batch of stabilized
waste. An MEP
leachate test must be
performed on these
composite samples and
the leachate analyzed
for the EP toxic
metals, nickel, and
cyanide (using a
distilled water
extraction for the
cyanide leachate
analysis) to
demonstrate that the
maximum allowable
treatment residue
concentrations listed
in condition (3) are
not exceeded during
any run of the MEP
extraction. Analyses
must be performed
using appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. Any
residues which exceed
any of the levels
listed in Condition
(3) must be retreated
to achieve these
levels or must be
disposed in
accordance with all
applicable hazardous
waste regulations.
(If the residues are
stabilized, the
analyses required in
this condition
supercede the
analyses required in
Condition (3).)
[[Page 34568]]
(5) Syntex must
generate, prior to
disposal of residues,
verification data
from each eight hour
run from each
treatment residue
(i.e., kiln and
cyclone ash,
separator sludge, and
filtered wastewater)
to demonstrate that
the maximum allowable
treatment residue
concentrations listed
below are not
exceeded. Samples
must be collected as
specified in
Conditions (2) and
(3). Analyses must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. Any solid
or liquid residues
which exceed any of
the levels listed
below must be
retreated to achieve
these levels or must
be disposed in
accordance with
Subtitle C of RCRA.
Maximum Allowable
Wastewater
Concentrations (ppm):
Benz(a)anthracene--1 x
10-7, Benzo(a)pyrene--
4 x 10-4, Chloroform--
0.07, Chrysene--
0.002,
Dibenz(a,h)anthracene
-9 x 10-6, 1,2-
Dichloroethane--0.06,
Dichloromethane--0.06
, Indeno(1,2,3-
cd)pyrene--0.002,
Polychlorinated
biphenyls--1 x 10-4,
1,2,4,5-
Tetrachlorobenzene--0
.13, 2,3,4,6-
Tetrachlorophenol--12
, Toluene--120,
Trichloroethylene--0.
04, 2,4,5-
Trichlorophenol--49,
2,4,6-
Trichlorophenol--0.02
, Maximum Allowable
Solid Treatment
Residue.
Concentrations (ppm);
Benz(a)anthracene--1.
1, Benzo(a)pyrene--
0.43,
benzo(b)fluoranthene-
-1.8, Chloroform--
5.4, Chrysene--170,
Dibenz(a,h)anthracene
-0.083,
Dichloromethane--2.4,
1,2-Dichloroethane--
4.1, Indeno(1,2,3-
cd)pyrene--330,
Polychlorinated
biphenyls--0.31,
1,2,4,5-
Tetrachlorobenzene--7
20,
Trichloroethylene--6.
6, 2,4,6-
Trichlorophenol--3.9.
(6) Syntex must
generate, prior to
disposal of residues,
verification data
from each eight-hour
run for each
treatment residue
(i.e., kiln and
cyclone ash,
separator sludge, and
filtered wastewater)
to demonstrate that
the residues do not
contain tetra-, penta-
, or
hexachlorodibenzo-p-
dioxins or furans at
levels of regulatory
concern. Samples must
be collected as
specified in
Conditions (2) and
(3). The TCDD
equivalent levels for
wastewaters must be
less than 2 ppq and
less than 5 ppt for
the solid treatment
residues. Any
residues with
detected dioxins or
furans in excess of
these levels must be
retreated or must be
disposed as acutely
hazardous. For this
analysis, Syntex must
use appropriate
methods. For tetra-
and pentachloronated
dioxin and furan
homologs, the maximum
practical
quantitation limit
must not exceed 15
ppt for solids and
120 ppq for
wastewaters. For
hexachlorinated
homologs, the maximum
practical
quantitation limit
must not exceed 37
ppt for solids and
300 ppq for
wastewaters.
* * * * *
* * * * * * *
Texas Eastman.............................. Longview, Texas............................ * * * * *
(3) Verification
Testing Requirements:
Sample collection and
analyses, including
quality control
procedures, must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. If EPA
judges the
incineration process
to be effective under
the operating
conditions used
during the initial
verification testing
described in
Condition Texas
Eastman may replace
the testing required
in Condition (4) with
the testing required
in Condition (5)
below. Texas Eastman
must, however,
continue to test as
specified in
Condition (4) until
notified by EPA in
writing that testing
in Condition (4) may
be replaced by the
testing described in
Condition (5).
* * * * *
Tokusen USA, Inc........................... Conway, AR................................. * * * * *
(2) * * *
(B) * * *
[[Page 34569]]
(C) If constituent
levels in a sample
exceed any of the
delisting levels set
in Paragraph (1),
Tokusen must retreat
the batches of waste
used to generate the
representative sample
until it meets the
levels. Tokusen must
repeat the analyses
of the treated waste.
(D) * * *
(3) Verification
Testing Requirements:
Tokusen must perform
sample collection and
analyses, including
quality control
procedures, using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. If EPA
judges the process to
be effective under
the operating
conditions used
during the initial
verification testing,
Tokusen may replace
the testing required
in Paragraph (3)(A)
with the testing
required in Paragraph
(3)(B). Tokusen must
continue to test as
specified in
Paragraph (3)(A)
until and unless
notified by EPA in
writing that testing
in Paragraph (3)(A)
may be replaced by
Paragraph (3)(B).
(A) * * *
(i) * * *
* * * * *
(ii) Make two
composites of
representative grab
samples collected.
* * * * *
(B) Subsequent
Verification Testing:
Following written
notification by EPA,
Tokusen may
substitute the
testing conditions in
(3)(B) for (3)(A).
Tokusen must continue
to monitor operating
conditions, and
analyze
representative
samples each quarter
of operation during
the first year of
waste generation,
using appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. The
samples must
represent the waste
generated during the
quarter.
(C) * * *
(i) * * *
(ii) Following
cancellation of the
quarterly testing,
Tokusen must continue
to test a
representative
composite sample for
all constituents
listed in Paragraph
(1) annually (by
twelve months after
final exclusion),
using appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B.
* * * * *
* * * * * * *
Tyco Printed Circuit Group, Melbourne Melbourne, Florida......................... * * * * *
Division.
(1) Verification
Testing Requirements:
Sample collection and
analyses, including
quality control
procedures must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CDFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. Methods
must meet Performance
Based Measurement
System Criteria in
which the Data
Quality Objectives
are to demonstrate
that representative
samples of the Tyco
Sludge meet the
delisting levels in
Condition (3).
* * * * *
[[Page 34570]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
20. Appendix IX to part 261 is amended in Table 2:
0
a. By removing the entry for ``Bekaert Corp., Dyersburg, TN'';
0
b. In the entry for ``Bethlehem Steel Corp., Steelton, PA,'' under the
``Waste description'' column, by revising paragraphs (1) and (2);
0
c. In the entry for ``Bethlehem Steel Corp., Johnston, PA,'' under the
``Waste description'' column, by revising paragraphs (1) and (2);
0
d. In the entry for ``BF Goodrich Intermediates Company, Inc., Calvert
City, Kentucky,'' under the ``Waste description'' column, by revising
the introductory paragraph and by revising paragraphs (1)(B) and (3);
0
e. In the entry for ``CF&I Steel Corporation, Pueblo, Colorado,'' under
the ``Waste description'' column, by revising paragraphs (1) and (2);
0
f. In the entry for ``Chaparral Steel Midlothian L.P., Midlothian,
Texas,'' under the ``Waste description'' column, by revising paragraph
(1) and the introductory text of paragraph (3);
0
g. In the entry for ``Conversion Systems, Inc., Horsham,
Pennsylvania,'' under the ``Waste description'' column, by revising the
introductory text of paragraph (1);
0
h. In the entry for ``DOE-RL, Richland, Washington,'' under the ``Waste
description'' column, by revising the introductory text of paragraph
(1) and by revising paragraph (3);
0
i. In the entry for ``Envirite of Pennsylvania (formerly Envirite
Corporation), York, Pennsylvania,'' under the ``Waste description''
column, by revising paragraph (2);
0
j. In the entry for ``Heritage Environmental Services, LLC, at the
Nucor Steel Facility, Crawfordsville, Indiana,'' under the ``Waste
Description'' column, by revising paragraph (2);
0
k. In the entry for ``Marathon Oil Co., Texas City, TX,'' under the
``Waste description'' column, by revising the introductory text of
paragraph (1);
0
l. In the entry for ``Occidental Chemical Corp, Muscle Shoals Plant,
Sheffield, Alabama,'' under the ``Waste description'' column, by
revising the introductory paragraph and by revising paragraphs (1)(A)
and (3);
0
m. In the entry for ``Occidental Chemical Corporation, Delaware City,
Delaware,'' under the ``Waste description'' column, by revising the
introductory paragraph and by revising paragraph (1)(A), the
introductory text of paragraph (2) and by revising paragraph (3);
0
n. In the entry for ``Oxy Vinyls, Deer Park, Texas,'' under the ``Waste
description'' column, by revising the introductory text of paragraph
(3);
0
o. By adding the entry for ``OxyVinyls, L.P., Deer Park, TX,'' after
the entry for ``Oxy Vinyls, Deer Park, Texas;''
0
p. In the entry for ``Roanoke Electric Steel Corp., Roanoke, VA,''
under the ``Waste description'' column, by revising paragraphs (1)(A),
(1)(B), and (2);
0
q. In the entry for ``USX Steel Corporation, USS Division, Southworks
Plant, Gary Works, Chicago, Illinois,'' under the ``Waste description''
column, by revising the introductory text of paragraph (1) and by
revising paragraphs (1)(A) and (2).
The revisions read as follows:
Appendix IX to Part 261--Wastes Excluded Under Sec. Sec. 260.20 and
260.22
* * * * *
Table 2.--Wastes Excluded From Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Bethlehem Steel Corp....................... Steelton, PA............................... * * * * *
(1) Testing:
(A) Initial Testing:
During the first four
weeks of operation of
the full-scale
treatment system,
Bethlehem must
collect
representative grab
samples of each
treated batch of the
CSEAFD and composite
the grab samples
daily. The daily
composites, prior to
disposal, must be
analyzed for the EP
leachate
concentrations of all
the EP toxic metals,
nickel and cyanide
(using distilled
water in the cyanide
extractions).
Analyses must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. Bethlehem
must report the
analytical test data
obtained during this
initial period no
later than 90 days
after the treatment
of the first full-
scale batch.
[[Page 34571]]
(B) Subsequent
Testing: Bethlehem
must collect
representative grab
samples from every
treated batch of
CSEAFD generated
daily and composite
all of the grab
samples to produce a
weekly composite
sample. Bethlehem
then must analyze
each weekly composite
sample for the EP
leachate
concentrations of all
the EP toxic metals
and nickel. Analyses
must be performed
using appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. The
analytical data,
including all quality
control information,
must be compiled and
maintained on site
for a minimum of
three years. These
data must be
furnished upon
request and made
available for
inspection by any
employee or
representative of EPA
or the State of
Pennsylvania.
(2) Delisting Levels:
If the EP extract
concentrations
resulting from the
testing in condition
(1)(A) or (1)(B) for
chromium, lead,
arsenic, or silver
exceeds 0.315 mg/l;
for barium exceeds
6.3 mg/l; for cadmium
or selenium exceed
0.063 mg/l; for
mercury exceeds
0.0126 mg/l; for
nickel exceeds 3.15
mg/l; or for cyanide
exceeds 4.42 mg/l,
the waste must either
be re-treated or
managed and disposed
in accordance with
subtitle C of RCRA.
Bethlehem Steel Corp....................... Johnstown, PA.............................. * * * * *
(1) Testing:
(A) Initial Testing:
During the first four
weeks of operation of
the full-scale
treatment system,
Bethlehem must
collect
representative grab
samples of each
treated batch of the
CSEAFD and composite
the grab samples
daily. The daily
composites, prior to
disposal, must be
analyzed for the EP
leachate
concentrations of all
the EP toxic metals,
nickel, and cyanide
(using distilled
water in the cyanide
extractions).
Analyses must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. Bethlehem
must report the
analytical test data
obtained during this
initial period no
later than 90 days
after the treatment
of the first full-
scale batch.
(B) Subsequent
Testing: Bethlehem
must collect
representative grab
samples from every
treated batch of
CSEAFD generated
daily and composite
all of the grab
samples to produce a
weekly composite
sample. Bethlehem
then must analyze
each weekly composite
sample for the EP
leachate
concentrations of all
the EP toxic metals
and nickel. Analyses
must be performed
using appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. The
analytical data,
including all quality
control information,
must be compiled and
maintained on site
for a minimum of
three years. These
data must be
furnished upon
request and made
available for
inspection by any
employee or
representative of EPA
or the State of
Pennsylvania.
(2) Delisting Levels:
If the EP extract
concentrations
resulting from the
testing in condition
(1)(A) or (1)(B) for
chromium, lead,
arsenic, or silver
exceed 0.315 mg/l;
for barium exceeds
6.3 mg/l; for cadmium
or selenium exceed
0.063 mg/l; for
mercury exceeds
0.0126 mg/l; for
nickel exceeds 3.15
mg/l; or for cyanide
exceeds 4.42 mg/l,
the waste must either
be retreated until it
meets these levels or
managed and disposed
in accordance with
subtitle C of RCRA.
* * * * *
[[Page 34572]]
BF Goodrich Intermediates Company, Inc..... Calvert City, Kentucky..................... Brine purification
muds and saturator
insolubles (EPA
Hazardous Waste No.
K071) after August
18, 1989. This
exclusion is
conditional upon the
collection and
submission of data
obtained from BFG's
full-scale treatment
system because BFG's
original data was
based on data
presented by another
petitioner using an
identical treatment
process. To ensure
that hazardous
constituents are not
present in the waste
at levels of
regulatory concern
once the full-scale
treatment facility is
in operation, BFG
must implement a
testing program. All
sampling and analyses
(including quality
control procedures)
must be performed
using appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. This
testing program must
meet the following
conditions for the
exclusion to be
valid:
(1) * * *
(B) Collect
representative grab
samples from every
batch of treated
mercury brine
purification muds and
treated saturator
insolubles on a daily
basis and composite
the grab samples to
produce two separate
weekly composite
samples (one of the
treated mercury brine
muds and one of the
treated saturator
insolubles). Prior to
disposal of the
treated batches, two
weekly composite
samples must be
analyzed for the EP
leachate
concentrations of all
the EP toxic metals
(except mercury),
nickel, and cyanide
(using distilled
water in the cyanide
extractions). BFG
must report the
analytical test data,
including all quality
control data,
obtained during this
initial period no
later than 90 days
after the treatment
of the first full-
scale batch.
(2) * * *
(3) If, under
condition (1) or (2),
the EP leachate
concentrations for
chromium, lead,
arsenic, or silver
exceed 0.316 mg/l;
for barium exceeds
6.31 mg/l; for
cadmium or selenium
exceed 0.063 mg/l;
for mercury exceeds
0.0126 mg/l, for
nickel exceeds 3.16
mg/l; or for cyanide
exceeds 4.42 mg/l,
the waste must either
be retreated until it
meets these levels or
managed and disposed
of in accordance with
subtitle C of RCRA.
* * * * *
CF&I Steel Corporation..................... Pueblo, Colorado........................... * * * * *
(1) Testing:
(A) Initial Testing:
During the first four
weeks of operation of
the full-scale
treatment system,
CF&I must collect
representative grab
samples of each
treated batch of the
CSEAFD and composite
the grab samples
daily. The daily
composites, prior to
disposal, must be
analyzed for the EP
leachate
concentrations of all
the EP toxic metals,
nickel, and cyanide
(using distilled
water in the cyanide
extractions).
Analyses must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. CF&I must
report the analytical
test data obtained
during this initial
period no later than
90 days after the
treatment of the
first full-scale
batch.
[[Page 34573]]
(B) Subsequent
Testing: CF&I must
collect
representative grab
samples from every
treated batch of
CSEAFD generated
daily and composite
all of the grab
samples to produce a
weekly composite
sample. CF&I then
must analyze each
weekly composite
sample for the EP
leachate
concentrations of all
of the EP toxic
metals and nickel.
Analyses must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. The
analytical data,
including all quality
control information,
must be compiled and
maintained on site
for a minimum of
three years. These
data must be
furnished upon
request and made
available for
inspection by any
employee or
representative of EPA
or the State of
Colorado.
(2) Delisting levels:
If the EP extract
concentrations
determined in
conditions (1)(A) or
(1)(B) for chromium,
lead, arsenic, or
silver exceed 0.315
mg/l; for barium
exceeds 6.3 mg/l; for
cadmium or selenium
exceed 0.063 mg/l;
for mercury exceeds
0.0126 mg/l; for
nickel exceeds 3.15
mg/l; or for cyanide
exceeds 4.42 mg/l,
the waste must either
be re-treated or
managed and disposed
in accordance with
Subtitle C of RCRA.
Chaparral Steel Midlothian, L.P............ Midlothian, Texas.......................... * * * * *
(1) Delisting Levels:
All concentrations
for the constituent
total lead in the
approximately 2,500
cubic yards (500,000
gallons) per calender
year of raw leachate
from Landfill No. 3,
storm water from the
baghouse area, and
other K061
wastewaters that is
transferred from the
storage tank to
nonhazardous
management must not
exceed 0.69 mg/l
(ppm). Constituents
must be measured in
the waste by
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B.
* * * * *
(3) Verification
Testing Requirements:
Sample collection and
analyses, including
quality control
procedures, must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. Chaparral
Steel must analyze
one composite sample
from each batch of
untreated wastewater
transferred from the
hazardous waste
storage tank to non-
hazardous waste
management. Each
composited batch
sample must be
analyzed, prior to
non-hazardous
management of the
waste in the batch
represented by that
sample, for the
constituent lead as
listed in Condition
(1). Chaparral may
treat the waste as
specified in
Condition (2). If EPA
judges the treatment
process to be
effective during the
operating conditions
used during the
initial verification
testing, Chaparral
Steel may replace the
testing requirement
in Condition (3)(A)
with the testing
requirement in
Condition (3)(B).
Chaparral must
continue to test as
specified in (3)(A)
until and unless
notified by EPA or
designated authority
that testing in
Condition (3)(A) may
be replaced by
Condition (3)(B).
* * * * *
Conversion Systems, Inc.................... Horsham, Pennsylvania...................... * * * * *
[[Page 34574]]
(1) Verification
Testing Requirements:
Sample collection and
analyses, including
quality control
procedures, must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B.
* * * * *
DOE-RL..................................... Richland, Washington....................... * * * * *
(1) Testing: Sample
collection and
analyses (including
quality control (QC)
procedures) must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. If EPA
judges the treatment
process to be
effective under the
operating conditions
used during the
initial verification
testing, DOE may
replace the testing
required in Condition
(1)(A) with the
testing required in
Condition (1)(B). DOE
must continue to test
as specified in
Condition (1)(A)
until notified by EPA
in writing that
testing in Condition
(1)(A) may be
replaced by Condition
(1)(B).
* * * * *
(2) * * *
(3) Delisting Levels:
All total constituent
concentrations in the
waste samples must be
measured using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. All total
constituent
concentrations must
be equal to or less
than the following
levels (ppm):
Inorganic
Constituents,
Ammonium--10.0,
Antimony--0.06,
Arsenic--0.5, Barium--
20.0, Beryllium--
0.04, Cadmium--0.05,
Chromium--1.0,
Cyanide--2.0,
Fluoride--40.0, Lead--
0.15, Mercury--0.02,
Nickel--1.0,
Selenium--0.5,
Silver--2.0,
Vanadium--2.0, Zinc--
100.0, Organic
Constituents,
Acetone--40.0,
Benzene--0.05, Benzyl
alcohol--100.0, 1-
Butyl alcohol--40.0,
Carbon tetrachloride--
0.05, Chlorobenzene--
1.0, Chloroform--0.1,
Cresol--20.0, 1,4-
Dichlorobenzene--0.75
, 1,2-Dichloroethane--
0.05, 1,1-
Dichloroethylene--0.0
7, Di-n-octyl
phthalate--7.0,
Hexachloroethane--0.0
6, Methyl ethyl
ketone--200.0, Methyl
isobutyl ketone--
30.0, Naphthalene--
10.0,
Tetrachloroethylene--
0.05, Toluene--10.0,
Tributyl phosphate--
0.2, 1,1,1-
Trichloroethane--2.0,
1,1,2-
Trichloroethane--0.05
, Trichloroethylene--
0.05, Vinyl Chloride--
0.02.
* * * * *
* * * * * * *
Envirite of Pennsylvania (formerly Envirite York, Pennsylvania......................... * * * * *
Corporation).
(2) Each batch of
treatment residue
(formerly must be
tested for leachable
cyanide. If the
leachable cyanide
levels Corporation)
(using the EP
Toxicity test without
acetic acid
adjustment) exceed
1.26 ppm, the waste
must be re-treated or
managed and disposed
as a hazardous waste
under 40 CFR Parts
262 to 265 and the
permitting standards
of 40 CFR Part 270.
* * * * *
* * * * * * *
Heritage Environmental Services, LLC, at Crawfordsville, Indiana.................... * * * * *
the Nucor Steel facility.
[[Page 34575]]
(2) Verification
Testing: On a monthly
basis, Heritage or
Nucor must analyze
two samples of the
waste using the TCLP,
SW-846 Method 1311,
with an extraction
fluid of pH 12 0.05 standard
units and for the
mercury determinative
analysis of the
leachate using an
appropriate method.
The constituent
concentrations
measured must be less
than the delisting
levels established in
Paragraph (1).
* * * * *
* * * * * * *
Marathon Oil Co............................ Texas City, TX............................. * * * * *
(1) Testing: Sample
collection and
analyses (including
quality control (QC)
procedures) must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. If EPA
judges the treatment
process to be
effective under the
operating conditions
used during the
initial verification
testing, Marathon may
replace the testing
required in Condition
(1)(A) with the
testing required in
Condition (1)(B).
Marathon must
continue to test as
specified in
Condition (1)(A),
including testing for
organics in
Conditions (3)(B) and
(3)(C), until and
unless notified by
EPA in writing that
testing in Condition
(1)(A) may be
replaced by Condition
(1)(B), or that
testing for organics
may be terminated as
described in (1)(C)
(to the extent
directed by EPA).
* * * * *
* * * * * * *
Occidental Chemical Corp., Muscle Shoals Sheffield, Alabama......................... Retorted wastewater
Plant. treatment sludge from
the mercury cell
process in chlorine
production (EPA
Hazardous Plant Waste
No. K106) after
September 19, 1989.
This exclusion is
conditional upon the
submission of data
obtained from
Occidental's full-
scale retort
treatment system
because Occidental's
original data were
based on a pilot-
scale retort system.
To ensure that
hazardous
constituents are not
present in the waste
at levels of
regulatory concern
once the full-scale
treatment facility is
in operation,
Occidental must
implement a testing
program. All sampling
and analyses
(including quality
control procedures)
must be performed
using appropriate
methods. As
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. This
testing program must
meet the following
conditions for the
exclusion to be
valid:
(1) * * *
(A) Collect
representative grab
samples from every
batch of retorted
material and
composite the grab
samples to produce a
weekly composite
sample. The weekly
composite samples,
prior to disposal or
recycling, must be
analyzed for the EP
leachate
concentrations of all
the EP toxic metals
(except mercury),
nickel, and cyanide
(using distilled
water in the cyanide
extractions).
Occidental must
report the analytical
test data, including
all quality control
data, obtained during
this initial period
no later than 90 days
after the treatment
of the first full-
scale batch.
* * * * *
(2) * * *
(3) If, under
condition (1) or (2),
the EP leachate
concentrations for
chromium, lead,
arsenic, or silver
exceed 1.616 mg/l;
for barium exceeds
32.3 mg/l; for
cadmium or selenium
exceed 0.323 mg/l;
for mercury exceeds
0.065 mg/l, for
nickel exceeds 16.15
mg/l; or for cyanide
exceeds 22.61 mg/l,
the waste must either
be retreated until it
meets these levels or
managed and disposed
of in accordance with
subtitle C of RCRA.
* * * * *
[[Page 34576]]
Occidental Chemical Corporation............ Delaware City, Delaware.................... Sodium chloride
treatment muds (NaCl-
TM), sodium chloride
saturator cleanings
(NaCl-SC), and
potassium chloride
treatment muds (KCl-
TM) (all classified
as EPA Hazardous
Waste No. K071)
generated at a
maximum combined rate
(for all three
wastes) of 1,018 tons
per year. This
exclusion was
published on April
29, 1991 and is
conditioned upon the
collection of data
from Occidental's
full-scale brine
treatment system
because Occidental's
request for exclusion
was based on data
from a laboratory-
scale brine treatment
process. To ensure
that hazardous
constituents are not
present in the waste
at levels of
regulatory concern
once the full-scale
treatment system is
in operation,
Occidental must
implement a testing
program for the
petitioned waste. All
sampling and analyses
(including quality
control (QC)
procedures) must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. This
testing program must
meet the following
conditions for the
exclusion to be
valid:
(1) * * *
(A) Collect
representative grab
samples from each
batch of the three
treated wastestreams
(sodium chloride
saturator cleanings
(NaCl-SC), sodium
chloride treatment
muds (NaCl-TM) and
potassium chloride
treatment muds (KCl-
TM)) on an as
generated basis and
composite the samples
to produce three
separate weekly
composite samples (of
each type of K071
waste). The three
weekly composite
samples, prior to
disposal, must be
analyzed for the EP
leachate
concentrations of all
the EP toxic metals
(except mercury),
nickel, and cyanide
(using distilled
water in the cyanide
extractions).
Occidental must
report the waste
volumes produced and
the analytical test
data, including all
quality control data,
obtained during this
initial period, no
later than 90 days
after the treatment
of the first full-
scale batch. * * *
(2) Subsequent
Testing: After the
first four weeks of
full-scale treatment
operations,
Occidental must do
the following; all
sampling and analyses
(including quality
control procedures)
must be performed
using appropriate
methods, and as
applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B: * * *
(3) If, under
conditions (1) or
(2), the EP leachate
concentrations for
chromium, lead,
arsenic, or silver
exceed 0.77 mg/l; for
barium exceeds 15.5
mg/l; for cadmium or
selenium exceed 0.16
mg/l; for mercury
exceeds 0.031 mg/l,
or for nickel or
total cyanide exceed
10.9 mg/l, the waste
must either be
retreated or managed
and disposed of in
accordance with all
applicable hazardous
waste regulations.
* * * * *
* * * * * * *
OxyVinyls.................................. Deer Park, Texas........................... * * * * *
(3) Verification
Testing Requirements:
Sample collection and
analyses, including
quality control
procedures, must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. If EPA
judges the
incineration process
to be effective under
the operating
conditions used
during the initial
verification testing,
OxyVinyls may replace
the testing required
in Condition (3)(A)
with the testing
required in Condition
(3)(B). OxyVinyls
must continue to test
as specified in
Condition (3)(A)
until and unless
notified by EPA in
writing that testing
in Condition (3)(A)
may be replaced by
Condition (3)(B).
[[Page 34577]]
* * * * *
OxyVinyls, L.P............................. Deer Park, TX.............................. Incinerator Offgas
Scrubber Water (EPA
Hazardous Waste Nos.
K017, K019 and K020)
generated at a
maximum annual rate
of 919,990 cubic
yards per calendar
year after April 22,
2004, and disposed in
accordance with the
TPDES permit. For the
exclusion to be
valid, OxyVinyls must
implement a testing
program that meets
the following
Paragraphs:
(1) Delisting Levels:
All total
concentrations for
those constituents
must not exceed the
following levels (mg/
kg) in the
incinerator offgas
scrubber water.
Incinerator offgas
treatment scrubber
water (i) Inorganic
Constituents
Antimony--0.0204;
Arsenic--0.385;
Barium--2.92;
Beryllium--0.166;
Cadmium--0.0225;
Chromium--5.0;
Cobalt--13.14;
Copper--418.00; Lead--
5.0; Nickel--1.13;
Mercury--0.0111;
Vanadium--0.838;
Zinc--2.61 (ii)
Organic Constituents
Acetone--1.46;
Bromoform--0.481;
Bromomethane--8.2;
Bromodichloromethane-
-0.0719; Chloroform--
0.683;
Dibromochloromethane-
-0.057; Iodomethane--
0.19; Methylene
Chloride--0.029;
2,3,7,8--TCDD
equivalents as TEQ--
0.0000926
(2) Waste Management:
(A) OxyVinyls must
manage as hazardous
all incinerator
offgas treatment
scrubber water
generated, until it
has completed initial
verification testing
described in
Paragraphs (3)(A) and
(B), as appropriate,
and valid analyses
show that paragraph
(1) is satisfied.
(B) Levels of
constituents measured
in the samples of the
incinerator offgas
treatment scrubber
water that do not
exceed the levels set
forth in Paragraph
(1) are non-
hazardous. OxyVinyls
can manage and
dispose the non-
hazardous incinerator
offgas treatment
scrubber water
according to all
applicable solid
waste regulations.
(C) If constituent
levels in a sample
exceed any of the
delisting levels set
in Paragraph (1),
OxyVinyls must
collect one
additional sample and
perform the expedited
analyses to confirm
if the constituent
exceeds the delisting
level. If this sample
confirms the
exceedance, OxyVinyls
must, from that point
forward, treat the
waste as hazardous
until it is
demonstrated that the
waste again meets the
levels set in
Paragraph (1).
OxyVinyls must notify
EPA of the exceedance
and resampling
analytical results
prior to disposing of
the waste.
(D) If the waste
exceeds the levels in
paragraph (1)
OxyVinyls must manage
and dispose of the
waste generated under
Subtitle C of RCRA
from the time that it
becomes aware of any
exceedance.
(E) Upon completion of
the Verification
Testing described in
Paragraphs 3(A) and
(B) as appropriate
and the transmittal
of the results to
EPA, and if the
testing results meet
the requirements of
Paragraph (1),
OxyVinyls may proceed
to manage its
incinerator offgas
treatment scrubber
water as non-
hazardous waste. If
subsequent
verification testing
indicates an
exceedance of the
Delisting Levels in
Paragraph (1),
OxyVinyls must manage
the incinerator
offgas treatment
scrubber water as a
hazardous waste until
two consecutive
quarterly testing
samples show levels
below the Delisting
Levels.
(3) Verification
Testing Requirements:
OxyVinyls must
perform sample
collection and
analyses, including
quality control
procedures, using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. If EPA
judges the process to
be effective under
the operating
conditions used
during the initial
verification testing,
OxyVinlys may replace
the testing required
in Paragraph (3)(A)
with the testing
required in Paragraph
(3)(B). OxyVinyls
must continue to test
as specified in
Paragraph (3)(A)
until and unless
notified by EPA in
writing that testing
in Paragraph (3)(A)
may be replaced by
Paragraph (3)(B).
[[Page 34578]]
(A) Initial
Verification Testing:
After EPA grants the
final exclusion,
OxyVinyls must do the
following: (i) Within
60 days of this
exclusion becoming
final, collect four
samples, before
disposal, of the
incinerator offgas
treatment scrubber
water. (ii) The
samples are to be
analyzed and compared
against the delisting
levels in Paragraph
(1) (iii). Within
sixty (60) days after
the exclusion becomes
final, OxyVinyls will
report initial
verification
analytical test data,
including analytical
quality control
information for the
first sixty (30) days
of operation after
this exclusion
becomes final of the
incinerator offgas
treatment scrubber
water. If levels of
constituents measured
in the samples of the
incinerator offgas
treatment scrubber
water that do not
exceed the levels set
forth in Paragraph
(1) and are also non-
hazardous in two
consecutive quarters
after the first
thirty (30) days of
operation after this
exclusion, OxyVinyls
can manage and
dispose of the
incinerator offgas
treatment scrubber
water according to
all applicable solid
water regulations
after reporting the
analytical results to
EPA.
(B) Subsequent
Verification Testing:
Following written
notification by EPA,
OxyVinyls may
substitute the
testing conditions in
Paragraph (3)(B) for
(3)(A). OxyVinyls
must continue to
monitor operating
conditions, and
analyze
representative
samples of each
quarter of operation
during the first year
of waste generation.
The samples must
represent the waste
generated during the
quarter. After the
first year of
analytical sampling
verification sampling
can be performed on a
single annual
composite sample of
the incinerator
offgas treatment
scrubber water. The
results are to be
compared to the
delisting levels in
Condition (1).
(C) Termination of
Testing: (i) After
the first year of
quarterly testing, if
the Delisting Levels
in Paragraph (1) are
being met, OxyVinyls
may then request that
EPA stop requiring
quarterly testing.
After EPA notifies
OxyVinyls in writing,
the company may end
quarterly testing.
(ii) Following
cancellation of the
quarterly testing,
OxyVinyls must
continue to test a
representative sample
for all constituents
listed in Paragraph
(1) annually.
(4) Changes in
Operating Conditions:
If OxyVinyls
significantly changes
the process described
in its petition or
starts any processes
that generate(s) the
waste that may or
could significantly
affect the
composition or type
of waste generated as
established under
Paragraph (1) (by
illustration, but not
limitation, changes
in equipment or
operating conditions
of the treatment
process), it must
notify EPA in
writing; OxyVinyls
may no longer handle
the wastes generated
from the new process
as nonhazardous until
the wastes meet the
delisting levels set
in Paragraph (1) and
it has received
written approval to
do so from EPA.
(5) Data Submittals:
OxyVinyls must submit
the information
described below. If
OxyVinyls fails to
submit the required
data within the
specified time or
maintain the required
records on-site for
the specified time,
EPA, at its
discretion, will
consider this
sufficient basis to
reopen the exclusion
as described in
Paragraph 6.
OxyVinyls must:
(A) Submit the data
obtained through
Paragraph 3 to the
Section Chief, EPA
Region 6 Corrective
Action and Waste
Minimization Section,
1445 Ross Avenue,
Dallas, Texas 75202-
2733, Mail Code, (6PD-
C) within the time
specified.
(B) Compile records of
operating conditions
and analytical data
from Paragraph (3),
summarized, and
maintained on-site
for a minimum of five
years.
(C) Finish these
records and data when
EPA or the State of
Texas request them
for inspection.
[[Page 34579]]
(D) Send along with
all data a signed
copy of the following
certification
statement, to attest
to the truth and
accuracy of the data
submitted: Under
civil and criminal
penalty of law for
the making or
submission of false
or fraudulent
statements or
representations
(pursuant to the
applicable provisions
of the Federal Code,
which include, but
may not be limited
to, 18 U.S.C. 1001
and 42 U.S.C. 6928),
I certify that the
information contained
in or accompanying
this document is
true, accurate and
complete. As to the
(those) identified
section(s) of this
document for which I
cannot personally
verify its (their)
truth and accuracy, I
certify as the
company official
having supervisory
responsibility for
the persons who,
acting under my
direct instructions,
made the verification
that this information
is true, accurate and
complete. If any of
this information is
determined by EPA in
its sole discretion
to be false,
inaccurate or
incomplete, and upon
conveyance of this
fact to the company,
I recognize and agree
that this exclusion
of waste will be void
as if its never had
effect or to the
extent directed by
EPA and that the
company will be
liable for any
actions taken in
contravention of the
company's RCRA and
CERCLA obligations
premised upon the
company's reliance on
the void exclusion.
(6) Reopener: (A) If,
anytime after
disposal of the
delisted waste
OxyVinyls possesses
or is otherwise made
aware of any
environmental data
(including but not
limited to leachate
data or groundwater
monitoring data) or
any other data
relevant to the
delisted waste
indicating that any
constituent
identified for the
delisting
verification testing
is at a level higher
than the delisting
level allowed by the
Regional
Administrator or his
delegate in granting
the petition, then
the facility must
report the data, in
writing, to the
Regional
Administrator or his
delegate within 10
days of first
possessing or being
made aware of that
data.
(B) If the annual
testing of the waste
does not meet the
delisting
requirements in
Paragraph 1,
OxyVinyls must report
the data, in writing,
to the Regional
Administrator or his
delegate within 10
days of first
possessing or being
made aware of that
data.
(C) If OxyVinyls fails
to submit the
information described
in paragraphs (5),
(6)(A) or (6)(B) or
if any other
information is
received from any
source, the Regional
Administrator or his
delegate will make a
preliminary
determination as to
whether the reported
information requires
EPA action to protect
human health or the
environment. Further
action may include
suspending, or
revoking the
exclusion, or other
appropriate response
necessary to protect
human health and
environment.
(D) If the Regional
Administrator or his
delegate determines
that the reported
information does
require action by
EPA's Regional
Administrator or his
delegate will notify
the facility in
writing of the
actions the Regional
Administrator or his
delegate believes are
necessary to protect
human health and the
environment. The
notice shall include
a statement of the
proposed action and a
statement providing
the facility with an
opportunity to
present information
as to why the
proposed EPA action
is not necessary. The
facility shall have
10 days from the date
of the Regional
Administrator or his
delegate's notice to
present such
information.
(E) Following the
receipt of
information from the
facility described in
paragraph (6)(D) or
(of no information is
presented under
paragraph (6)(D)) the
initial receipt of
information described
in paragraphs (5),
(6)(A) or (6)(B), the
Regional
Administrator or his
delegate will issue a
final written
determination
describing EPA
actions that are
necessary to protect
human health or the
environment. Any
require action
described in the
Regional
Administrator or his
delegate's
determination shall
become effective
immediately, unless
the Regional
Administrator or his
delegate provides
otherwise.
(7) Notification
Requirements:
OxyVinyls must do the
following before
transporting the
delisted waste.
Failure to provide
this notification
will result in a
violation of the
delisting petition
and a possible
revocation of the
decision.
(A) Provide a one-time
written notification
to any State
Regulatory Agency to
which or through
which it will
transport the
delisted waste
described above for
disposal, 60 days
before beginning such
activities.
(B) Update the one-
time written
notification if it
ships the delisted
waste into a
different disposal
facility.
(C) Failure to provide
this notification
will result in a
violation of the
delisting variance
and a possible
revocation of the
decision.
[[Page 34580]]
* * * * * * *
Roanoke Electric Steel Corp................ Roanoke, VA................................ * * * * *
(1) * * *
(A) Initial Testing:
During the first four
weeks of operation of
the full-scale
treatment system,
Roanoke must collect
representative grab
samples of each
treated batch of the
CSEAFD and composite
the grab samples
daily. The daily
composites, prior to
disposal, must be
analyzed for the EP
leachate
concentrations of all
the EP toxic metals,
nickel and cyanide
(using distilled
water in the cyanide
extractions).
Analyses must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061, 1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B. Roanoke
must report the
analytical test data
obtained during this
initial period no
later than 90 days
after the treatment
of the first full-
scale batch.
(B) Subsequent
Testing: Roanoke must
collect
representative grab
samples from every
treated batch of
CSEAFD generated
daily and composite
all of the grab
samples to produce a
weekly composite
sample. Roanoke then
must analyze each
weekly composite
sample for all of the
EP toxic metals and
nickel. Analyses must
be performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051,0060,0061,
1010A, 1020B, 1110A,
1310B, 1311, 1312,
1320, 1330A, 9010C,
9012B, 9040C, 9045D,
9060A, 9070A (uses
EPA Method 1664, Rev.
A), 9071B, and 9095B.
The analytical data,
including all quality
control information,
must be compiled and
maintained on site
for a minimum of
three years. These
data must be
furnished upon
request and made
available for
inspection for any
employee or
representative of EPA
or the State of
Virginia.
(2) Delistiing levels:
If the EP extract
concentrations for
chromium, lead,
arsenic, or silver
exceed 0.315 mg/l;
for barium exceeds
6.3 mg/l; for cadmium
or selenium exceed
0.063 mg/l; for
mercury exceeds
0.0126 mg/l, for
nickel exceeds 3.15
mg/l, or for cyanide
exceeds 1.26 mg/l,
the waste must either
be re-treated or
managed and disposed
in accordance with
subtitle C of RCRA.
* * * * *
* * * * * * *
USX Steel Corporation, USS Division, Chicago, Illinois.......................... ......................
Southworks Plant, Gary Works.
(1) Testing: Sample
collection and
analyses (including
quality control (QC)
procedures) must be
performed using
appropriate methods.
As applicable to the
method-defined
parameters of
concern, analyses
requiring the use of
SW-846 methods
incorporated by
reference in 40 CFR
260.11 must be used
without substitution.
As applicable, the SW-
846 methods might
include Methods 0010,
0011, 0020, 0023A,
0030, 0031, 0040,
0050, 0051, 0060,
0061,1010A, 1020B,
1110A, 1310B, 1311,
1312, 1320, 1330A,
9010C, 9012B, 9040C,
9045D, 9060A, 9070A
(uses EPA Method
1664, Rev. A), 9071B,
and 9095B.
(A) Initial Testing:
During the first four
weeks of operation of
the full-scale
treatment system, USX
must collect
representative grab
samples of each
treated batch of the
CSEAFD and composite
the grab samples
daily. The daily
composites, prior to
disposal, must be
analyzed for the EP
leachate
concentrations of all
the EP toxic metals,
nickel, and cyanide
(using distilled
water in the cyanide
extractions). USX
must report the
analytical test data,
including quality
control information,
obtained during this
initial period no
later than 90 days
after the treatment
of the first full-
scale batch. * * *
[[Page 34581]]
(2) Delisting levels:
If the EP extract
concentrations for
chromium, lead,
arsenic, or silver
exceed 0.315 mg/l;
for barium exceeds
6.3 mg/l; for cadmium
or selenium exceed
0.063 mg/l; for
mercury exceeds
0.0126 mg/l; for
nickel exceeds 3.15
mg/l; or for cyanide
exceeds 4.42 mg/l,
the waste must either
be re-treated until
it meets these levels
or managed and
disposed in
accordance with
subtitle C of RCRA.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Appendix IX to Part 261 [Amended]
0
21. Appendix IX to part 261 is amended in Table 3 by removing the entry
for ``Bekaert Corp., Dyersburg, TN''.
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
0
22. The authority citation for part 264 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, 6927, 6928(h),
and 6974.
Subpart J--Tank Systems
0
23. Section 264.190 is amended by revising paragraph (a) to read as
follows:
Sec. 264.190 Applicability.
* * * * *
(a) Tank systems that are used to store or treat hazardous waste
which contains no free liquids and are situated inside a building with
an impermeable floor are exempted from the requirements in Sec.
264.193. To demonstrate the absence or presence of free liquids in the
stored/treated waste, the following test must be used: Method 9095B
(Paint Filter Liquids Test) as described in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846, as incorporated by reference in Sec. 260.11 of this chapter.
* * * * *
Subpart N--Landfills
0
24. Section 264.314 is amended by revising paragraph (c) to read as
follows:
Sec. 264.314 Special requirements for bulk and containerized liquids.
* * * * *
(c) To demonstrate the absence or presence of free liquids in
either a containerized or a bulk waste, the following test must be
used: Method 9095B (Paint Filter Liquids Test) as described in ``Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846, as incorporated by reference in Sec. 260.11 of
this chapter.
* * * * *
Subpart AA--Air Emission Standards for Process Vents
0
25. Section 264.1034 is amended by revising paragraphs (c)(1)(ii),
(c)(1)(iv), (d)(1)(iii) and (f) to read as follows:
Sec. 264.1034 Test methods and procedures.
* * * * *
(c) * * *
(1) * * *
(ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for
organic content. If Method 25A is used, the organic HAP used as the
calibration gas must be the single organic HAP representing the largest
percent by volume of the emissions. The use of Method 25A is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
* * * * *
(iv) Total organic mass flow rates shall be determined by the
following equation:
(A) For sources utilizing Method 18.
[GRAPHIC] [TIFF OMITTED] TR14JN05.000
Where:
Eh = Total organic mass flow rate, kg/h;
Q2sd = Volumetric flow rate of gases entering or exiting
control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i
in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent
gas, kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760
mm Hg);
10-\6\ = Conversion from ppm
(B) For sources utilizing Method 25A.
Eh = (Q)(C)(MW)(0.0416)(10-\6\)
Where:
Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device,
as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760
mm Hg);
10-\6\ = Conversion from ppm.
* * * * *
(d) * * *
(1) * * *
(iii) Each sample shall be analyzed and the total organic
concentration of the sample shall be computed using Method 9060A
(incorporated by reference under 40 CFR 260.11) of ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846, or analyzed for its individual organic constituents.
* * * * *
(f) When an owner or operator and the Regional Administrator do not
agree on whether a distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation manages a
hazardous waste with organic concentrations of at least 10 ppmw based
on knowledge of the waste, the dispute may be resolved by using direct
measurement as specified at paragraph (d)(1) of this section.
Subpart BB--Air Emission Standards for Equipment Leaks
0
26. Section 264.1063 is amended by revising paragraph (d)(2) to read as
follows:
Sec. 264.1063 Test methods and procedures.
* * * * *
(d) * * *
(2) Method 9060A (incorporated by reference under 40 CFR 260.11) of
``Test Methods for Evaluating Solid Waste,''
[[Page 34582]]
EPA Publication SW-846, for computing total organic concentration of
the sample, or analyzed for its individual organic constituents; or
* * * * *
Subpart EE--Hazardous Waste Munitions and Explosives Storage
0
27. Appendix IX to part 264 is revised as follows:
Appendix IX to Part 264--Ground-Water Monitoring List
Ground-Water Monitoring List
------------------------------------------------------------------------
Chemical abstracts
Common name \1\ CAS RN \2\ service index name
\3\
------------------------------------------------------------------------
Acenaphthene................ 83-32-9............. Acenaphthylene, 1,2-
dihydro-
Acenaphthylene.............. 208-96-8............ Acenaphthylene
Acetone..................... 67-64-1............. 2-Propanone
Acetophenone................ 98-86-2............. Ethanone, 1-phenyl-
Acetonitrile; Methyl cyanide 75-05-8............. Acetonitrile
2-Acetylaminofluorene; 2-AAF 53-96-3............. Acetamide, N-9H-
fluoren-2-yl-
Acrolein.................... 107-02-8............ 2-Propenal
Acrylonitrile............... 107-13-1............ 2-Propenenitrile
Aldrin...................... 309-00-2............ 1,4:5,8-
Dimethanonaphthalen
e, 1,2,3,4,10,10-
hexachloro-
1,4,4a,5,8,8a-
hexahydro-
(1[alpha],4[alpha],
4a[beta],5[alpha],8
[alpha],8a[beta])-
Allyl chloride.............. 107-05-1............ 1-Propene, 3-chloro-
4-Aminobiphenyl............. 92-67-1............. [1,1'-Biphenyl]-4-
amine
Aniline..................... 62-53-3............. Benzenamine
Anthracene.................. 120-12-7............ Anthracene
Antimony.................... (Total)............. Antimony
Aramite..................... 140-57-8............ Sulfurous acid, 2-
chloroethyl 2-[4-
(1,1-dimethylethyl)
phenoxy]-1-
methylethyl ester
Arsenic..................... (Total)............. Arsenic
Barium...................... (Total)............. Barium
Benzene..................... 71-43-2............. Benzene
Benzo[a]anthracene; 56-55-3............. Benz[a]anthracene
Benzanthracene.
Benzo[b]fluoranthene........ 205-99-2............ Benz[e]acephenanthry
lene
Benzo[k]fluoranthene........ 207-08-9............ Benzo[k]fluoranthene
Benzo[ghi]perylene.......... 191-24-2............ Benzo[ghi]perylene
Benzo[a]pyrene.............. 50-32-8............. Benzo[a]pyrene
Benzyl alcohol.............. 100-51-6............ Benzenemethanol
Beryllium................... (Total)............. Beryllium
alpha-BHC................... 319-84-6............ Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[beta],4[beta],5[
beta],6[beta])-
beta-BHC.................... 319-85-7............ Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[beta],
3[alpha],4[beta],5[
alpha],6[beta])-
delta-BHC................... 319-86-8............ Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[alpha],4[beta],5
[alpha],6[beta])-
gamma-BHC; Lindane.......... 58-89-9............. Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[beta],4[alpha],5
[alpha],6[beta])-
Bis(2-chloroethoxy)methane.. 111-91-1............ Ethane, 1,1'-
[methylenebis(oxy)]
bis [2-chloro-
Bis(2-chloroethyl)ether..... 111-44-4............ Ethane, 1,1'-
oxybis[2-chloro-
Bis(2-chloro-1-methylethyl) 108-60-1............ Propane, 2,2'-
ether; 2,2'- oxybis[1-chloro-
Dichlorodiisopropyl ether.
Bis(2-ethylhexyl) phthalate. 117-81-7............ 1,2-
Benzenedicarboxylic
acid, bis(2-
ethylhexyl)ester
Bromodichloromethane........ 75-27-4............. Methane,
bromodichloro-
Bromoform; Tribromomethane.. 75-25-2............. Methane, tribromo-
4-Bromophenyl phenyl ether.. 101-55-3............ Benzene, 1-bromo-4-
phenoxy-
Butyl benzyl phthalate; 85-68-7............. 1,2-
Benzyl butyl phthalate. Benzenedicarboxylic
acid, butyl
phenylmethyl ester
Cadmium..................... (Total)............. Cadmium
Carbon disulfide............ 75-15-0............. Carbon disulfide
Carbon tetrachloride........ 56-23-5............. Methane, tetrachloro-
Chlordane................... 57-74-9............. 4,7-Methano-1H-
indene,
1,2,4,5,6,7,8,8-
octachloro-
2,3,3a,4,7,7a -
hexahydro-
p-Chloroaniline............. 106-47-8............ Benzenamine, 4-
chloro-
Chlorobenzene............... 108-90-7............ Benzene, chloro-
Chlorobenzilate............. 510-15-6............ Benzeneacetic acid,
4-chloro-[alpha]-(4-
chlorophenyl)-
[alpha]-hydroxy-,
ethyl ester
p-Chloro-m-cresol........... 59-50-7............. Phenol, 4-chloro-3-
methyl-
Chloroethane; Ethyl chloride 75-00-3............. Ethane, chloro-
Chloroform.................. 67-66-3............. Methane, trichloro-
2-Chloronaphthalene......... 91-58-7............. Naphthalene, 2-
chloro-
2-Chlorophenol.............. 95-57-8............. Phenol, 2-chloro-
4-Chlorophenyl phenyl ether. 7005-72-3........... Benzene, 1-chloro-4-
phenoxy-
Chloroprene................. 126-99-8............ 1,3-Butadiene,2-
chloro-
Chromium.................... (Total)............. Chromium
Chrysene.................... 218-01-9............ Chrysene
Cobalt...................... (Total)............. Cobalt
Copper...................... (Total)............. Copper
m-Cresol.................... 108-39-4............ Phenol, 3-methyl-
o-Cresol.................... 95-48-7............. Phenol, 2-methyl-
p-Cresol.................... 106-44-5............ Phenol, 4-methyl-
Cyanide..................... 57-12-5............. Cyanide
2,4-D; 2,4- 94-75-7............. Acetic acid, (2,4-
Dichlorophenoxyacetic acids. dichlorophenoxy)-
[[Page 34583]]
4,4'-DDD.................... 72-54-8............. Benzene 1,1'-(2,2-
dichloroethylidene)
bis[4-chloro-
4,4'-DDE.................... 72-55-9............. Benzene, 1,1'-
(dichloroethenylide
ne) bis[4-chloro-
4,4'-DDT.................... 50-29-3............. Benzene, 1,1'-(2,2,2-
trichloroethylidene
) bis[4-chloro-
Diallate.................... 2303-16-4........... Carbamothioic acid,
bis(1-methylethyl)-
, S- (2,3-dichloro-
2-propenyl) ester
Dibenz[a,h]anthracene....... 53-70-3............. Dibenz[a,h]anthracen
e
Dibenzofuran................ 132-64-9............ Dibenzofuran
Dibromochloromethane; 124-48-1............ Methane,
Chlorodibromomethane. dibromochloro-
1,2-Dibromo-3-chloropropane; 96-12-8............. Propane, 1,2-dibromo-
DBCP. 3-chloro-
1,2-Dibromoethane; Ethylene 106-93-4............ Ethane, 1,2-dibromo-
dibromide.
Di-n-butyl phthalate........ 84-74-2............. 1,2-
Benzenedicarboxylic
acid, dibutyl ester
o-Dichlorobenzene........... 95-50-1............. Benzene, 1,2-
dichloro-
m-Dichlorobenzene........... 541-73-1............ Benzene, 1,3-
dichloro-
p-Dichlorobenzene........... 106-46-7............ Benzene, 1,4-
dichloro-
3,3'-Dichlorobenzidine...... 91-94-1............. [1,1'-Biphenyl]-4,4'-
diamine, 3,3'-
dichloro-
trans-1,4-Dichloro-2-butene. 110-57-6............ 2-Butene, 1,4-
dichloro-, (E)-
Dichlorodifluoromethane..... 75-71-8............. Methane,
dichlorodifluoro-
1,1-Dichloroethane.......... 75-34-3............. Ethane, 1,1-dichloro-
1,2-Dichloroethane; Ethylene 107-06-2............ Ethane, 1,2-dichloro-
dichloride.
1,1-Dichloroethylene; 75-35-4............. Ethene, 1,1-dichloro-
Vinylidene chloride.
trans-1,2-Dichloroethylene.. 156-60-5............ Ethene, 1,2-dichloro-
, (E)-
2,4-Dichlorophenol.......... 120-83-2............ Phenol, 2,4-dichloro-
2,6-Dichlorophenol.......... 87-65-0............. Phenol, 2,6-dichloro-
1,2-Dichloropropane......... 78-87-5............. Propane, 1,2-
dichloro-
cis-1,3-Dichloropropene..... 10061-01-5.......... 1-Propene, 1,3-
dichloro-, (Z)-
trans-1,3-Dichloropropene... 10061-02-6.......... 1-Propene, 1,3-
dichloro-, (E)-
Dieldrin.................... 60-57-1............. 2,7:3,6-
Dimethanonaphth
[2,3-b]oxirene,
3,4,5,6,9,9-
hexachloro-
1a,2,2a,3,6,6a,7,7a-
octahydro-,
(1a[alpha],2[beta],
2a[alpha],3[beta],6
[beta];,6a[alpha],7
[beta],7a[alpha])-
Diethyl phthalate........... 84-66-2............. 1,2-
Benzenedicarboxylic
acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl 297-97-2............ Phosphorothioic
phosphorothioate; Thionazin. acid, O,O-diethyl O-
pyrazinyl ester
Dimethoate.................. 60-51-5............. Phosphorodithioic
acid, O,O-dimethyl
S-[2-(methylamino)-
2-oxoethyl] ester
p-(Dimethylamino)azobenzene. 60-11-7............. Benzenamine, N,N-
dimethyl-4-
(phenylazo)-
7,12- 57-97-6............. Benz[a]anthracene,
Dimethylbenz[a]anthracene. 7,12-dimethyl-
3,3'-Dimethylbenzidine...... 119-93-7............ [1,1'-Biphenyl]-4,4'-
diamine, 3,3'-
dimethyl-
alpha, alpha- 122-09-8............ Benzeneethanamine,
Dimethylphenethylamine. [alpha],[alpha]-
dimethyl-
2,4-Dimethylphenol.......... 105-67-9............ Phenol, 2,4-dimethyl-
Dimethyl phthalate.......... 131-11-3............ 1,2-
Benzenedicarboxylic
acid, dimethyl
ester
m-Dinitrobenzene............ 99-65-0............. Benzene, 1,3-dinitro-
4,6-Dinitro-o-cresol........ 534-52-1............ Phenol, 2-methyl-4,6-
dinitro-
2,4-Dinitrophenol........... 51-28-5............. Phenol, 2,4-dinitro-
2,4-Dinitrotoluene.......... 121-14-2............ Benzene, 1-methyl-
2,4-dinitro-
2,6-Dinitrotoluene.......... 606-20-2............ Benzene, 2-methyl-
1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl- 88-85-7............. Phenol, 2-(1-
4,6-dinitrophenol. methylpropyl)-4,6-
dinitro-
Di-n-octyl phthalate........ 117-84-0............ 1,2-
Benzenedicarboxylic
acid, dioctyl ester
1,4-Dioxane................. 123-91-1............ 1,4-Dioxane
Diphenylamine............... 122-39-4............ Benzenamine, N-
phenyl-
Disulfoton.................. 298-04-4............ Phosphorodithioic
acid, O,O-diethyl S-
[2-
(ethylthio)ethyl]es
ter
Endosulfan I................ 959-98-8............ 6,9-Methano-2,4,3-
benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3-
oxide,(3[alpha],5a[
beta],6[alpha],9[al
pha],9a[beta])-
Endosulfan II............... 33213-65-9.......... 6,9-Methano-2,4,3-
benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3-
oxide,
(3[alpha],5a[alpha]
,6[beta],9[beta],9a
[alpha])-
Endosulfan sulfate.......... 1031-07-8........... 6,9-Methano-2,4,3-
benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3,3-
dioxide
Endrin...................... 72-20-8............. 2,7:3,6-
Dimethanonaphth[2,3-
b]oxirene,
3,4,5,6,9,9-
hexachloro-
,1a,2,2a,3,6,6a,7,7
a-octahydro-,
(1a[alpha],2[beta],
2a[beta],3[alpha],6
[alpha],6a[beta],7[
beta], 7a[alpha])-
Endrin aldehyde............. 7421-93-4........... 1,2,4-
Methenocyclopenta[c
d] pentalene-5-
carboxaldehyde,
2,2a,3,3,4,7-
hexachlorodecahydro
-,(1[alpha],2[beta]
,2a[beta],4[beta],4
a[beta],
5[beta],6a[beta],6b
[beta],7R*)-
Ethylbenzene................ 100-41-4............ Benzene, ethyl-
Ethyl methacrylate.......... 97-63-2............. 2-Propenoic acid, 2-
methyl-, ethyl
ester
Ethyl methanesulfonate...... 62-50-0............. Methanesulfonic
acid, ethyl ester
Famphur..................... 52-85-7............. Phosphorothioic
acid, O-[4-
[(dimethylamino)sul
fonyl]phenyl]-O,O-
dimethyl ester
Fluoranthene................ 206-44-0............ Fluoranthene
Fluorene.................... 86-73-7............. 9H-Fluorene
Heptachlor.................. 76-44-8............. 4,7-Methano-1H-
indene,
1,4,5,6,7,8,8-
heptachloro-
3a,4,7,7a-
tetrahydro-
[[Page 34584]]
Heptachlor epoxide.......... 1024-57-3........... 2,5-Methano-2H-
indeno[1,2-b]
oxirene,
2,3,4,5,6,7,7-
heptachloro-
1a,1b,5,5a,6,6a,-
hexahydro-,
(1a[alpha],1b[beta]
,2[alpha],5[alpha],
5a[beta],6[beta],6a
[alpha])
Hexachlorobenzene........... 118-74-1............ Benzene, hexachloro-
Hexachlorobutadiene......... 87-68-3............. 1,3-Butadiene,
1,1,2,3,4,4-
hexachloro-
Hexachlorocyclopentadiene... 77-47-4............. 1,3-Cyclopentadiene,
1,2,3,4,5,5-
hexachloro-
Hexachloroethane............ 67-72-1............. Ethane, hexachloro-
Hexachlorophene............. 70-30-4............. Phenol, 2,2'-
methylenebis[3,4,6-
trichloro-
Hexachloropropene........... 1888-71-7........... 1-Propene,
1,1,2,3,3,3-
hexachloro-
2-Hexanone.................. 591-78-6............ 2-Hexanone
Indeno(1,2,3-cd)pyrene...... 193-39-5............ Indeno[1,2,3-
cd]pyrene
Isobutyl alcohol............ 78-83-1............. 1-Propanol, 2-methyl-
Isodrin..................... 465-73-6............ 1,4,5,8-
Dimethanonaphthalen
e,1,2,3,4,1 0,10-
hexachloro-
1,4,4a,5,8,8a
hexahydro-
(1[alpha],
4[alpha], 4a[beta],
5[beta], 8[beta],
8a[beta])-
Isophorone.................. 78-59-1............. 2-Cyclohexen-1-one,
3,5,5-trimethyl-
Isosafrole.................. 120-58-1............ 1,3-Benzodioxole, 5-
(1-propenyl)-
Kepone...................... 143-50-0............ 1,3,4-Metheno-2H-
cyclobuta-
[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,
5b,6-
decachlorooctahydro-
Lead........................ (Total)............. Lead
Mercury..................... (Total)............. Mercury
Methacrylonitrile........... 126-98-7............ 2-Propenenitrile, 2-
methyl-
Methapyrilene............... 91-80-5............. 1,2,Ethanediamine,N,
N-dimethyl-N'-2-
pyridinyl-N'-(2-
thienylmethyl)-
Methoxychlor................ 72-43-5............. Benzene, 1,1'-
(2,2,2,trichloroeth
ylidene)bis [4-
methoxy-
Methyl bromide; Bromomethane 74-83-9............. Methane, bromo-
Methyl chloride; 74-87-3............. Methane, chloro-
Chloromethane.
3-Methylcholanthrene........ 56-49-5............. Benz[j]aceanthrylene
, 1,2-dihydro-3-
methyl-
Methylene bromide; 74-95-3............. Methane, dibromo-
Dibromomethane.
Methylene chloride; 75-09-2............. Methane, dichloro-
Dichloromethane.
Methyl ethyl ketone; MEK;... 78-93-3............. 2-Butanone
Methyl iodide; Iodomethane.. 74-88-4............. Methane, iodo-
Methyl methacrylate......... 80-62-6............. 2-Propenoic acid, 2-
methyl-, methyl
ester
Methyl methanesulfonate..... 66-27-3............. Methanesulfonic
acid, methyl ester
2-Methylnaphthalene......... 91-57-6............. Naphthalene, 2-
methyl-
Methyl parathion; Parathion 298-00-0............ Phosphorothioic
methyl. acid, O,O-dimethyl
O=(4-nitrophenyl)
ester
4-Methyl-2-pentanone; Methyl 108-10-1............ 2-Pentanone, 4-
isobutyl ketone. methyl-
Naphthalene................. 91-20-3............. Naphthalene
1,4-Naphthoquinone.......... 130-15-4............ 1,4-Naphthalenedione
1-Naphthylamine............. 134-32-7............ 1-Naphthalenamine
2-Naphthylamine............. 91-59-8............. 2-Naphthalenamine
Nickel...................... (Total)............. Nickel
o-Nitroaniline.............. 88-74-4............. Benzenamine, 2-nitro-
m-Nitroaniline.............. 99-09-2............. Benzenamine, 3-nitro-
p-Nitroaniline.............. 100-01-6............ Benzenamine, 4-nitro-
Nitrobenzene................ 98-95-3............. Benzene, nitro-
o-Nitrophenol............... 88-75-5............. Phenol, 2-nitro-
p-Nitrophenol............... 100-02-7............ Phenol, 4-nitro-
4-Nitroquinoline 1-oxide.... 56-57-5............. Quinoline, 4-nitro,
1-oxide
N-Nitrosodi-n-butylamine.... 924-16-3............ 1-Butanamine, N-
butyl-N-nitroso-
N-Nitrosodiethylamine....... 55-18-5............. Ethanamine, N-ethyl-
N-nitroso-
N-Nitrosodimethylamine...... 62-75-9............. Methanamine, N-
methyl-N-nitroso-
N-Nitrosodiphenylamine...... 86-30-6............. Benzenamine, N-
nitroso-N-phenyl-
N-Nitrosodipropylamine;Di-n- 621-64-7............ 1-Propanamine, N-
propylnitrosamine. nitroso-N-propyl-
N-Nitrosomethylethalamine... 10595-95-6.......... Ethanamine, N-methyl-
N-nitroso-
N-Nitrosomorpholine......... 59-89-2............. Morpholine, 4-
nitroso-
N-Nitrosopiperidine......... 100-75-4............ Piperidine, 1-
nitroso-
N-Nitrosopyrrolidine........ 930-55-2............ Pyrrolidine, 1-
nitroso-
5-Nitro-o-toluidine......... 99-55-8............. Benzenamine, 2-
methyl-5-nitro-
Parathion................... 56-38-2............. Phosphorothioic
acid, O,O-diethyl-O-
(4-nitrophenyl)
ester
Polychlorinated biphenyls; See footnote 4...... 1,1'-Biphenyl,
PCBs. chloro derivatives
Polychlorinated dibenzo-p- See footnote 5...... Dibenzo[b,e][1,4]dio
dioxins; PCDDs. xin, chloro
derivatives
Polychlorinated See footnote 6...... Dibenzofuran, chloro
dibenzofurans; PCDFs. derivatives
Pentachlorobenzene.......... 608-93-5............ Benzene, pentachloro-
Pentachloroethane........... 76-01-7............. Ethane, pentachloro-
Pentachloronitrobenzene..... 82-68-8............. Benzene,
pentachloronitro-
Pentachlorophenol........... 87-86-5............. Phenol, pentachloro-
Phenacetin.................. 62-44-2............. Acetamide, N-(4-
ethoxyphenyl)
Phenanthrene................ 85-01-8............. Phenanthrene
Phenol...................... 108-95-2............ Phenol
p-Phenylenediamine.......... 106-50-3............ 1,4-Benzenediamine
Phorate..................... 298-02-2............ Phosphorodithioic
acid, O,O-diethyl S-
[(ethylthio)methyl
] ester
[[Page 34585]]
2-Picoline.................. 109-06-8............ Pyridine, 2-methyl-
Pronamide................... 23950-58-5.......... Benzamide, 3,5-
dichloro-N-(1,1-
dimethyl-2-
propynyl)-
Propionitrile; Ethyl cyanide 107-12-0............ Propanenitrile
Pyrene...................... 129-00-0............ Pyrene
Pyridine.................... 110-86-1............ Pyridine
Safrole..................... 94-59-7............. 1,3-Benzodioxole, 5-
(2-propenyl)-
Selenium.................... (Total)............. Selenium
Silver...................... (Total)............. Silver
Silvex; 2,4,5-TP............ 93-72-1............. Propanoic acid, 2-
(2,4,5-
trichlorophenoxy)-
Styrene..................... 100-42-5............ Benzene, ethenyl-
Sulfide..................... 18496-25-8.......... Sulfide
2,4,5-T; 2,4,5- 93-76-5............. Acetic acid, (2,4,5-
Trichlorophenoxyacetic acid. trichlorophenoxy)-
2,3,7,8-TCDD; 2,3,7,8- 1746-01-6........... Dibenzo[b,e][1,4]dio
Tetrachlorodibenzo-p-dioxin. xin, 2,3,7,8-
tetrachloro-
1,2,4,5-Tetrachlorobenzene.. 95-94-3............. Benzene, 1,2,4,5-
tetrachloro-
1,1,1,2-Tetrachloroethane... 630-20-6............ Ethane, 1,1,1,2-
tetrachloro-
1,1,2,2-Tetrachloroethane... 79-34-5............. Ethane, 1,1,2,2-
tetrachloro-
Tetrachloroethylene; 127-18-4............ Ethene, tetrachloro-
Perchloroethylene;
Tetrachloroethene.
2,3,4,6-Tetrachlorophenol... 58-90-2............. Phenol, 2,3,4,6-
tetrachloro-
Tetraethyl 3689-24-5........... Thiodiphosphoric
dithiopyrophosphate; acid ([(HO)2 P(S)]2
Sulfotepp. O), tetraethyl
ester
Thallium.................... (Total)............. Thallium
Tin......................... (Total)............. Tin
Toluene..................... 108-88-3............ Benzene, methyl-
o-Toluidine................. 95-53-4............. Benzenamine, 2-
methyl-
Toxaphene................... 8001-35-2........... Toxaphene
1,2,4-Trichlorobenzene...... 120-82-1............ Benzene, 1,2,4-
trichloro-
1,1,1-Trichloroethane; 71-55-6............. Ethane, 1,1,1-
Methylchloroform. trichloro-
1,1,2-Trichloroethane....... 79-00-5............. Ethane, 1,1,2-
trichloro-
Trichloroethylene; 79-01-6............. Ethene, trichloro-
Trichloroethene.
Trichlorofluoromethane...... 75-69-4............. Methane,
trichlorofluoro-
2,4,5-Trichlorophenol....... 95-95-4............. Phenol, 2,4,5-
trichloro-
2,4,6-Trichlorophenol....... 88-06-2............. Phenol, 2,4,6-
trichloro-
1,2,3-Trichloropropane...... 96-18-4............. Propane, 1,2,3-
trichloro-
O,O,O-Triethyl 126-68-1............ Phosphorothioic
phosphorothioate. acid, O,O,O-
triethyl ester
sym-Trinitrobenzene......... 99-35-4............. Benzene, 1,3,5-
trinitro-
Vanadium.................... (Total)............. Vanadium
Vinyl acetate............... 108-05-4............ Acetic acid, ethenyl
ester
Vinyl chloride.............. 75-01-4............. Ethene, chloro-
Xylene (total).............. 1330-20-7........... Benzene, dimethyl-
Zinc........................ (Total)............. Zinc
------------------------------------------------------------------------
\1\ Common names are those widely used in government regulations,
scientific publications, and commerce; synonyms exist for many
chemicals.
\2\ Chemical Abstracts Service registry number. Where ``Total'' is
entered, all species in the ground water that contain this element are
included.
\3\ CAS index names are those used in the 9th Cumulative Index.
\4\ Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains
congener chemicals, including constituents of Aroclor-1016 (CAS RN
12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN
11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN
12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS
RN 11096-82-5).
\5\ This category contains congener chemicals, including
tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD),
pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins.
\6\ This category contains congener chemicals, including
tetrachlorodibenzofurans, pentachlorodibenzofurans, and
hexachlorodibenzofurans.
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
0
28. The authority citation for part 265 continues to read as follows:
Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936 and 6937, unless otherwise noted.
Subpart J--Tank Systems
0
29. Section 265.190 is amended by revising paragraph (a) to read as
follows:
Sec. 265.190 Applicability.
* * * * *
(a) Tank systems that are used to store or treat hazardous waste
which contains no free liquids and are situated inside a building with
an impermeable floor are exempted from the requirements in Sec.
265.193. To demonstrate the absence or presence of free liquids in the
stored/treated waste, the following test must be used: Method 9095B
(Paint Filter Liquids Test) as described in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846, as incorporated by reference in Sec. 260.11 of this chapter.
* * * * *
Subpart N--Landfills
0
30. Section 265.314 is amended by revising paragraph (d) to read as
follows:
Sec. 265.314 Special requirements for bulk and containerized liquids.
* * * * *
(d) To demonstrate the absence or presence of free liquids in
either a containerized or a bulk waste, the following test must be
used: Method 9095B (Paint Filter Liquids Test) as described in ``Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846, as incorporated by reference in Sec. 260.11 of
this chapter.
* * * * *
[[Page 34586]]
Subpart AA--Air Emission Standards for Process Vents
0
31. Section 265.1034 is amended by revising paragraphs (c)(1)(ii),
(c)(1)(iv), (d)(1)(iii) and (f) to read as follows:
Sec. 265.1034 Test methods and procedures.
* * * * *
(c) * * *
(1) * * *
(ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for
organic content. If Method 25A is used, the organic HAP used as the
calibration gas must be the single organic HAP representing the largest
percent by volume of the emissions. The use of Method 25A is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
* * * * *
(iv) Total organic mass flow rates shall be determined by the
following equation:
(A) For sources utilizing Method 18.
[GRAPHIC] [TIFF OMITTED] TR14JN05.000
Where:
Eh = Total organic mass flow rate, kg/h;
Q2sd = Volumetric flow rate of gases entering or exiting
control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i
in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent
gas, kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760
mm Hg);
10-6 = Conversion from ppm
(B) For sources utilizing Method 25A.
Eh = (Q)(C)(MW)(0.0416)(10-6)
Where:
Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device,
as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760
mm Hg);
10-6 = Conversion from ppm.
* * * * *
(d) * * *
(1) * * *
(iii) Each sample shall be analyzed and the total organic
concentration of the sample shall be computed using Method 9060A
(incorporated by reference under Sec. 260.11 of this chapter) of
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846; or analyzed for its individual organic
constituents.
* * * * *
(f) When an owner or operator and the Regional Administrator do not
agree on whether a distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation manages a
hazardous waste with organic concentrations of at least 10 ppmw based
on knowledge of the waste, the dispute may be resolved using direct
measurement as specified at paragraph (d)(1) of this section.
Subpart BB--Air Emission Standards for Equipment Leaks
0
32. Section 265.1063 is amended by revising paragraph (d)(2) to read as
follows:
Sec. 265.1063 Test methods and procedures.
* * * * *
(d) * * *
(2) Method 9060A (incorporated by reference under Sec. 260.11 of
this chapter) of ``Test Methods for Evaluating Solid Waste,'' EPA
Publication SW-846 or analyzed for its individual organic constituents;
or
* * * * *
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments,
and Containers
0
33. Section 265.1081 is amended by revising the definition ``Waste
stabilization process'' to read as follows:
Sec. 265.1081 Definitions.
* * * * *
Waste stabilization process means any physical or chemical process
used to either reduce the mobility of hazardous constituents in a
hazardous waste or eliminate free liquids as determined by Test Method
9095B (Paint Filter Liquids Test) in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as
incorporated by reference in Sec. 260.11. A waste stabilization
process includes mixing the hazardous waste with binders or other
materials, and curing the resulting hazardous waste and binder mixture.
Other synonymous terms used to refer to this process are ``waste
fixation'' or ``waste solidification.'' This does not include the
adding of absorbent materials to the surface of a waste, without
mixing, agitation, or subsequent curing, to absorb free liquid.
0
34. Section 265.1084 is amended by revising paragraphs (a)(3)(ii)(C),
(a)(3)(iii), (b)(3)(ii)(C), (b)(3)(iii), and (c)(3)(i) to read as
follows:
Sec. 265.1084 Waste determination procedures.
(a) * * *
(3) * * *
(ii) * * *
(C) All samples shall be collected and handled in accordance with
written procedures prepared by the owner or operator and documented in
a site sampling plan. This plan shall describe the procedure by which
representative samples of the hazardous waste stream are collected such
that a minimum loss of organics occurs throughout the sample collection
and handling process, and by which sample integrity is maintained. A
copy of the written sampling plan shall be maintained on-site in the
facility operating records. An example of acceptable sample collection
and handling procedures for a total volatile organic constituent
concentration may be found in Method 25D in 40 CFR part 60, appendix A.
* * * * *
(iii) Analysis. Each collected sample shall be prepared and
analyzed in accordance with Method 25D in 40 CFR part 60, appendix A
for the total concentration of volatile organic constituents, or using
one or more methods when the individual organic compound concentrations
are identified and summed and the summed waste concentration accounts
for and reflects all organic compounds in the waste with Henry's law
constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-
fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as
1.8 x 10-6 atmospheres/gram-mole/m3] at 25
degrees Celsius. At the owner or operator's discretion, the owner or
operator may adjust test data obtained by any appropriate method to
discount any contribution to the total volatile organic concentration
that is a result of including a compound with a Henry's law constant
value of less than 0.1 Y/X at 25 degrees Celsius. To adjust these data,
the measured concentration of each individual chemical constituent
contained in the waste is multiplied by the appropriate constituent-
specific adjustment factor (fm25D). If the owner or operator
elects to adjust test data, the adjustment must be made to all
individual chemical constituents with a Henry's law constant value
greater than
[[Page 34587]]
or equal to 0.1 Y/X at 25 degrees Celsius contained in the waste.
Constituent-specific adjustment factors (fm25D) can be
obtained by contacting the Waste and Chemical Processes Group, Office
of Air Quality Planning and Standards, Research Triangle Park, NC
27711. Other test methods may be used if they meet the requirements in
paragraph (a)(3)(iii)(A) or (B) of this section and provided the
requirement to reflect all organic compounds in the waste with Henry's
law constant values greater than or equal to 0.1 Y/X [which can also be
expressed as 1.8 x 10-6 atmospheres/gram-mole/m3]
at 25 degrees Celsius, is met.
(A) Any EPA standard method that has been validated in accordance
with ``Alternative Validation Procedure for EPA Waste and Wastewater
Methods,'' 40 CFR part 63, appendix D.
(B) Any other analysis method that has been validated in accordance
with the procedures specified in Section 5.1 or Section 5.3, and the
corresponding calculations in Section 6.1 or Section 6.3, of Method 301
in 40 CFR part 63, appendix A. The data are acceptable if they meet the
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under section 6.3.3 of Method 301, the data are
acceptable if the correction factor is within the range 0.7 to 1.30.
Other sections of Method 301 are not required.
* * * * *
(b) * * *
(3) * * *
(ii) * * *
(C) All samples shall be collected and handled in accordance with
written procedures prepared by the owner or operator and documented in
a site sampling plan. This plan shall describe the procedure by which
representative samples of the hazardous waste stream are collected such
that a minimum loss of organics occurs throughout the sample collection
and handling process, and by which sample integrity is maintained. A
copy of the written sampling plan shall be maintained on-site in the
facility operating records. An example of acceptable sample collection
and handling procedures for a total volatile organic constituent
concentration may be found in Method 25D in 40 CFR part 60, appendix A.
* * * * *
(iii) Analysis. Each collected sample shall be prepared and
analyzed in accordance with Method 25D in 40 CFR part 60, appendix A
for the total concentration of volatile organic constituents, or using
one or more methods when the individual organic compound concentrations
are identified and summed and the summed waste concentration accounts
for and reflects all organic compounds in the waste with Henry's law
constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-
fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as
1.8 x 10-6 atmospheres/gram-mole/m3] at 25
degrees Celsius. When the owner or operator is making a waste
determination for a treated hazardous waste that is to be compared to
an average VO concentration at the point of waste origination or the
point of waste entry to the treatment system to determine if the
conditions of Sec. 264.1082(c)(2)(i) through (c)(2)(vi) of this
chapter, or Sec. 265.1083(c)(2)(i) through (c)(2)(vi) of this subpart
are met, then the waste samples shall be prepared and analyzed using
the same method or methods as were used in making the initial waste
determinations at the point of waste origination or at the point of
entry to the treatment system. At the owner or operator's discretion,
the owner or operator may adjust test data obtained by any appropriate
method to discount any contribution to the total volatile organic
concentration that is a result of including a compound with a Henry's
law constant value less than 0.1 Y/X at 25 degrees Celsius. To adjust
these data, the measured concentration of each individual chemical
constituent in the waste is multiplied by the appropriate constituent-
specific adjustment factor (fm25D). If the owner or operator
elects to adjust test data, the adjustment must be made to all
individual chemical constituents with a Henry's law constant value
greater than or equal to 0.1 Y/X at 25 degrees Celsius contained in the
waste. Constituent-specific adjustment factors (fm25D) can
be obtained by contacting the Waste and Chemical Processes Group,
Office of Air Quality Planning and Standards, Research Triangle Park,
NC 27711. Other test methods may be used if they meet the requirements
in paragraph (a)(3)(iii)(A) or (B) of this section and provided the
requirement to reflect all organic compounds in the waste with Henry's
law constant values greater than or equal to 0.1 Y/X [which can also be
expressed as 1.8 x 10-6 atmospheres/gram-mole/m3]
at 25 degrees Celsius, is met.
(A) Any EPA standard method that has been validated in accordance
with ``Alternative Validation Procedure for EPA Waste and Wastewater
Methods,'' 40 CFR part 63, appendix D.
(B) Any other analysis method that has been validated in accordance
with the procedures specified in Section 5.1 or Section 5.3, and the
corresponding calculations in Section 6.1 or Section 6.3, of Method 301
in 40 CFR part 63, appendix A. The data are acceptable if they meet the
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under section 6.3.3 of Method 301, the data are
acceptable if the correction factor is within the range 0.7 to 1.30.
Other sections of Method 301 are not required.
* * * * *
(c) * * *
(3) * * *
(i) Sampling. A sufficient number of samples shall be collected to
be representative of the waste contained in the tank. All samples shall
be collected and handled in accordance with written procedures prepared
by the owner or operator and documented in a site sampling plan. This
plan shall describe the procedure by which representative samples of
the hazardous waste are collected such that a minimum loss of organics
occurs throughout the sample collection and handling process and by
which sample integrity is maintained. A copy of the written sampling
plan shall be maintained on-site in the facility operating records. An
example of acceptable sample collection and handling procedures may be
found in Method 25D in 40 CFR part 60, appendix A.
* * * * *
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
0
35. The authority citation for part 266 continues to read as follows:
Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 6906,
6912, 6922, 6924-6927, 6934 and 6937.
Subpart H--Hazardous Waste Burned in Boilers and Industrial
Furnaces
0
36. Section 266.100 is amended by revising paragraphs (d)(1)(ii) and
(g)(2) to read as follows:
Sec. 266.100 Applicability.
* * * * *
(d) * * *
(1) * * *
(ii) Sample and analyze the hazardous waste and other feedstocks as
necessary to comply with the requirements of this paragraph by using
appropriate methods; and
* * * * *
(g) * * *
(2) Sample and analyze the hazardous waste as necessary to document
that the waste contains economically significant
[[Page 34588]]
amounts of the metals and that the treatment recovers economically
significant amounts of precious metal; and
* * * * *
0
37. Section 266.102 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 266.102 Permit standards for burners.
* * * * *
(b) * * * (1) The owner or operator must provide an analysis of the
hazardous waste that quantifies the concentration of any constituent
identified in appendix VIII of part 261 of this chapter that may
reasonably be expected to be in the waste. Such constituents must be
identified and quantified if present, at levels detectable by using
appropriate analytical procedures. The appendix VIII, part 261
constituents excluded from this analysis must be identified and the
basis for their exclusion explained. This analysis will be used to
provide all information required by this subpart and Sec. Sec. 270.22
and 270.66 of this chapter and to enable the permit writer to prescribe
such permit conditions as necessary to protect human health and the
environment. Such analysis must be included as a portion of the part B
permit application, or, for facilities operating under the interim
status standards of this subpart, as a portion of the trial burn plan
that may be submitted before the part B application under provisions of
Sec. 270.66(g) of this chapter as well as any other analysis required
by the permit authority in preparing the permit. Owners and operators
of boilers and industrial furnaces not operating under the interim
status standards must provide the information required by Sec. Sec.
270.22 or 270.66(c) of this chapter in the part B application to the
greatest extent possible.
* * * * *
0
38. Section 266.106 is amended by revising paragraph (a) to read as
follows:
Sec. 266.106 Standards to control metals emissions.
(a) General. The owner or operator must comply with the metals
standards provided by paragraphs (b), (c), (d), (e), or (f) of this
section for each metal listed in paragraph (b) of this section that is
present in the hazardous waste at detectable levels by using
appropriate analytical procedures.
* * * * *
0
39. Section 266.112 is amended by revising paragraph (b)(1)
introductory text and paragraph (b)(2)(i) to read as follows:
Sec. 266.112 Regulation of residues.
* * * * *
(b) * * *
(1) Comparison of waste-derived residue with normal residue. The
waste-derived residue must not contain appendix VIII, part 261
constituents (toxic constituents) that could reasonably be attributable
to the hazardous waste at concentrations significantly higher than in
residue generated without burning or processing of hazardous waste,
using the following procedure. Toxic compounds that could reasonably be
attributable to burning or processing the hazardous waste (constituents
of concern) include toxic constituents in the hazardous waste, and the
organic compounds listed in appendix VIII of this part that may be
generated as products of incomplete combustion. For polychlorinated
dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be
performed to determine specific congeners and homologues, and the
results converted to 2,3,7,8-TCDD equivalent values using the procedure
specified in section 4.0 of appendix IX of this part.
* * * * *
(2) * * * (i) Nonmetal constituents: The concentration of each
nonmetal toxic constituent of concern (specified in paragraph (b)(1) of
this section) in the waste-derived residue must not exceed the health-
based level specified in appendix VII of this part, or the level of
detection, whichever is higher. If a health-based limit for a
constituent of concern is not listed in appendix VII of this part, then
a limit of 0.002 micrograms per kilogram or the level of detection
(which must be determined by using appropriate analytical procedures),
whichever is higher, must be used. The levels specified in appendix VII
of this part (and the default level of 0.002 micrograms per kilogram or
the level of detection for constituents as identified in Note 1 of
appendix VII of this chapter) are administratively stayed under the
condition, for those constituents specified in paragraph (b)(1) of this
section, that the owner or operator complies with alternative levels
defined as the land disposal restriction limits specified in Sec.
268.43 of this chapter for F039 nonwastewaters. In complying with those
alternative levels, if an owner or operator is unable to detect a
constituent despite documenting use of best good-faith efforts as
defined by applicable Agency guidance or standards, the owner or
operator is deemed to be in compliance for that constituent. Until new
guidance or standards are developed, the owner or operator may
demonstrate such good-faith efforts by achieving a detection limit for
the constituent that does not exceed an order of magnitude above the
level provided by Sec. 268.43 of this chapter for F039 nonwastewaters.
In complying with the Sec. 268.43 of this chapter F039 nonwastewater
levels for polychlorinated dibenzo-p-dioxins and polychlorinated
dibenzo-furans, analyses must be performed for total hexachlorodibenzo-
p-dioxins, total hexachlorodibenzofurans, total pentachlorodibenzo-p-
dioxins, total pentachlorodibenzofurans, total tetrachlorodibenzo-p-
dioxins, and total tetrachlorodibenzofurans.
Note to this paragraph (b)(2)(i): The administrative stay, under
the condition that the owner or operator complies with alternative
levels defined as the land disposal restriction limits specified in
Sec. 268.43 of this chapter for F039 nonwastewaters, remains in
effect until further administrative action is taken and notice is
published in the Federal Register and the Code of Federal
Regulations.
* * * * *
0
40. Appendix IX of part 266 is amended to:
0
a. Revise sections 1.0 and 3.0,
0
b. Revise the first paragraph of section 4.0,
0
c. Revise paragraph (2) of section 10.3,
0
d. Revise the introductory text of the fifth bullet of paragraph (1) of
section 10.5,
0
e. Revise the third dash text under the second bullet of paragraph (2)
of section 10.5,
0
f. Revise the third and the introductory text of the fifth bullet of
paragraph (5) of section 10.5,
0
g. Revise the introductory text of the fourth bullet of paragraph (1)
of section 10.6,
0
h. Revise the third and the introductory text of the fourth bullet of
paragraph (5) of section 10.6.
The revisions read as follows:
Appendix IX to Part 266--Methods Manual for Compliance With the BIF
Regulations
* * * * *
Section 1.0 Introduction
This document presents required methods for demonstrating
compliance with U.S. Environmental Protection Agency regulations for
boilers and industrial furnaces (BIFs) burning hazardous waste (see
40 CFR part 266, subpart H). The methods included in this document
are:
1. Performance Specifications for Continuous Emission Monitoring
(CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.
2. Procedures for Estimating the Toxicity Equivalency of
Chlorinated Dibenzo-p-dioxin and Dibenzofuran Congeners.
[[Page 34589]]
3. Hazardous Waste Combustion Air Quality Screening Procedures
(HWCAQSP).
4. Simplified Land Use Classification Procedure for Compliance
with Tier I and Tier II Limits.
5. Statistical Methodology for Bevill Residue Determinations.
6. Procedures for Determining Default Values for Air Pollution
Control System Removal Efficiencies.
7. Procedures for Determining Default Values for Partitioning of
Metals, Ash, and Total Chloride/Chlorine.
8. Alternate Methodology for Implementing Metals Controls.
a. Sampling and analytical methods for multiple metals,
hexavalent chromium, HCl and chlorine, polychlorinated dibenzo-p-
dioxins and dibenzofurans, and aldehydes and ketones can be found in
``Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods'' (EPA Publication SW-846). Additional methods referenced in
subpart H of part 266 but not included in this document can be found
in 40 CFR parts 60 and 61, and SW-846.
b. The CEM performance specifications of section 2.0, the
relevant sampling Methods 0011, 0023A, 0050, 0051, 0060, and 0061 of
SW-846, incorporated by reference in Sec. 260.11, and the toxicity
equivalency procedure for dioxins and furans of section 4.0 are
required procedures for determining compliance with BIF regulations.
For the determination of chloride from HCl/Cl2 emission
sampling train, you must use appropriate methods. For the
determination of carbonyl compounds by high-performance liquid
chromatography, you must use appropriate methods. The CEM
performance specifications are interim. The finalized CEM
performance specifications will be published in 40 CFR parts 60 and
61.
* * * * *
Section 3.0 Sampling and Analytical Methods
Note: The sampling and analytical methods to the BIF manual are
published in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846.
Section 4.0 Procedure for Estimating the Toxicity Equivalency of
Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners
PCDDs and PCDFs must be determined using whichever is the most
recent version between of SW-846 Method 0023A (incorporated by
reference, in Sec. 260.11) as identified, or OAQPS Method 23 of
appendix A to part 60. In this method, individual congeners or
homologues \1\ are measured and then summed to yield a total PCDD/
PCDF value. No toxicity factors are specified in the method to
compute risks from such emissions.
* * * * *
\1\ The term ``congener'' refers to any one particular member of
the same chemical family; e.g., there are 75 congeners of
chlorinated dibenzo-p-dioxins. The term ``homologue'' refers to a
group of structurally related chemicals that have the same degree of
chlorination. For example, there are eight homologues of CDs,
monochlorinated through octachlorinated. Dibenzo-p-dioxins and
dibenzofurans that are chlorinated at the 2,3,7, and 8 positions are
denoted as ``2378'' congeners, except when 2,3,7,8-TCDD is uniquely
referred to: e.g., 1,2,3,7,8-PeCDF and 2,3,4,7,8-PeCDF are both
referred to as ``2378-PeCDFs.''
* * * * *
Section 10.0 Alternative Methodology for Implementing Metals Controls
* * * * *
10.3 Basis
* * * * *
(2) The metal concentrations in the collected kiln dust can be
accurately and representatively measured.
* * * * *
10.5 Implementation Procedures
* * * * *
(1) * * *
Follow appropriate guidelines for preparing test plans
and waste analysis plans for the following tests:
* * * * *
(2) * * *
--Follow appropriate sampling and analytical procedures such as
those described in the waste analysis plan as they pertain to the
condition and accessibility of the dust.
* * * * *
(5) * * *
Follow the sampling, compositing, and analytical
procedures described in this method and in other appropriate
methods, as they pertain to the condition and accessibility of the
kiln dust. * * *
Samples must be collected at least once every 8 hours,
and a daily composite must be prepared according to appropriate
procedures.
* * * * *
10.6 Precompliance Procedures
* * * * *
(1) * * *
Follow appropriate procedures for preparing waste
analysis plans for the following tasks:
* * * * *
(5) * * *
Follow the sampling, compositing, and analytical
procedures described in this method and in other appropriate methods
as they pertain to the condition and accessibility of the kiln dust.
Samples must be collected at least once every 8 hours,
and a daily composite must be prepared according to appropriate
procedures.
* * * * *
PART 268--LAND DISPOSAL RESTRICTIONS
0
41. The authority citation for part 268 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
Subpart D--Treatment Standards
0
42. Section 268.40 is amended by revising paragraph (b) and footnote 7
of the table ``Treatment Standards for Hazardous Wastes'' to read as
follows:
Sec. 268.40 Applicability of treatment standards.
* * * * *
(b) For wastewaters, compliance with concentration level standards
is based on maximums for any one day, except for D004 through D011
wastes for which the previously promulgated treatment standards based
on grab samples remain in effect. For all nonwastewaters, compliance
with concentration level standards is based on grab sampling. For
wastes covered by the waste extract standards, the test Method 1311,
the Toxicity Characteristic Leaching Procedure found in ``Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846, as incorporated by reference in Sec. 260.11, must
be used to measure compliance. An exception is made for D004 and D008,
for which either of two test methods may be used: Method 1311, or
Method 1310B, the Extraction Procedure Toxicity Test. For wastes
covered by a technology standard, the wastes may be land disposed after
being treated using that specified technology or an equivalent
treatment technology approved by the Administrator under the procedures
set forth in Sec. 268.42(b).
* * * * *
Treatment Standards for Hazardous Wastes
* * * * *
\7\ Both Cyanides (Total) and Cyanides (Amenable) for
nonwastewaters are to be analyzed using Method 9010C or 9012B, found
in ``Test Methods' for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication SW-846, as incorporated by reference in
40 CFR 260.11, with a sample size of 10 grams and a distillation
time of one hour and 15 minutes.
* * * * *
0
43. Section 268.44 is amended by revising footnote 4 of the table
``Wastes Excluded From the Treatment Standards Under Sec. 268.40'' to
read as follows:
Sec. 268.44 Variance from a treatment standard.
* * * * *
Table--Wastes Excluded From the Treatment Standards Under Sec. 268.40
* * * * *
(\4\)--Cyanide nonwastewaters are analyzed using SW-846 Method
9010C or 9012B, as incorporated by reference in Sec. 260.11 of this
[[Page 34590]]
chapter, sample size 10 grams, distillation time, 1 hour and 15
minutes.
* * * * *
0
44. Section 268.48 is amended by revising footnote 4 of the table
``Universal Treatment Standards'' to read as follows:
Sec. 268.48 Universal treatment standards.
* * * * *
Universal Treatment Standards
* * * * *
4 Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters
are to be analyzed using Method 9010C or 9012B, found in ``Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846, as incorporated by reference in 40 CFR 260.11, with
a sample size of 10 grams and a distillation time of one hour and 15
minutes.
* * * * *
0
45. Appendix IX to part 268 is revised as follows:
Appendix IX to Part 268--Extraction Procedure (EP) Toxicity Test Method
and Structural Integrity Test (Method 1310B)
Note: The EP (Method 1310B) is published in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846, as incorporated by reference in Sec. 260.11 of this
chapter.
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT
0
46. The authority citation for part 270 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.
Subpart B--Permit Application
0
47. Section 270.19 is amended by revising paragraphs (c)(1)(iii) and
(iv) to read as follows:
Sec. 270.19 Specific part B information requirements for
incinerators.
* * * * *
(c) * * *
(1) * * *
(iii) An identification of any hazardous organic constituents
listed in part 261, appendix VIII, of this chapter, which are present
in the waste to be burned, except that the applicant need not analyze
for constituents listed in part 261, appendix VIII, of this chapter
which would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified and the basis
for their exclusion stated. The waste analysis must rely on appropriate
analytical techniques.
(iv) An approximate quantification of the hazardous constituents
identified in the waste, within the precision produced by appropriate
analytical methods.
* * * * *
0
48. Section 270.22 is amended by revising paragraph (a)(2)(ii)(B) to
read as follows:
Sec. 270.22 Specific part B information requirements for boilers and
industrial furnaces burning hazardous waste.
* * * * *
(a) * * *
(2) * * *
(ii) * * *
(B) Results of analyses of each waste to be burned, documenting the
concentrations of nonmetal compounds listed in appendix VIII of part
261 of this chapter, except for those constituents that would
reasonably not be expected to be in the waste. The constituents
excluded from analysis must be identified and the basis for their
exclusion explained. The analysis must rely on appropriate analytical
techniques.
* * * * *
Subpart F--Special Forms of Permits
0
49. Section 270.62 is amended by revising paragraphs (b)(2)(i)(C) and
(D) to read as follows:
Sec. 270.62 Hazardous waste incinerator permits.
* * * * *
(b) * * *
(2) * * *
(i) * * *
(C) An identification of any hazardous organic constituents listed
in part 261, appendix VIII of this chapter, which are present in the
waste to be burned, except that the applicant need not analyze for
constituents listed in part 261, appendix VIII, of this chapter which
would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified, and the basis
for the exclusion stated. The waste analysis must rely on appropriate
analytical techniques.
(D) An approximate quantification of the hazardous constituents
identified in the waste, within the precision produced by appropriate
analytical methods.
* * * * *
0
50. Section 270.66 is amended by revising paragraphs (c)(2)(i) and (ii)
to read as follows:
Sec. 270.66 Permits for boilers and industrial furnaces burning
hazardous waste.
* * * * *
(c) * * *
(2) * * *
(i) An identification of any hazardous organic constituents listed
in appendix VIII, part 261, of this chapter that are present in the
feed stream, except that the applicant need not analyze for
constituents listed in appendix VIII that would reasonably not be
expected to be found in the hazardous waste. The constituents excluded
from analysis must be identified and the basis for this exclusion
explained. The waste analysis must be conducted in accordance with
appropriate analytical techniques.
(ii) An approximate quantification of the hazardous constituents
identified in the hazardous waste, within the precision produced by
appropriate analytical methods.
* * * * *
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS
0
51. The authority citation for part 271 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a) and 6926.
0
52. Section 271.1(j) is amended by adding the following entries to
Table 1 in chronological order by date of publication in the Federal
Register, to read as follows:
Sec. 271.1 Purpose and scope.
* * * * *
(j) * * *
Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Federal Register
Promulgation date Title of regulation reference Effective date
----------------------------------------------------------------------------------------------------------------
[[Page 34591]]
* * * * * * *
July 14, 2005..................... Process Vent and Equipment [Insert FR page July 14, 2005.
Leak Organic Air Emission citation of
Standards for Owners and publication date].
of Operators of Hazardous
Waste Treatment, Storage,
and Disposal Facilities.
July 14, 2005..................... Burning of Hazardous Waste [Insert FR page July 14, 2005.
in Boilers and Industrial citation of
Furnaces. publication date].
July 14, 2005..................... Air Emission Standards [Insert FR page July 14, 2005.
Tanks, Surface citation of
Impoundments, Containers. publication date].
----------------------------------------------------------------------------------------------------------------
* * * * *
0
53. Section 271.21 is amended by adding the following entries to Table
1 in chronological order by date of publication in the Federal
Register, to read as follows:
Sec. 271.21 Procedures for revision of State programs.
* * * * *
Table 1 to Sec. 271.21
----------------------------------------------------------------------------------------------------------------
Title of regulation Promulgation date Federal Register reference
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Office of Solid Waste Testing and July 14, 2005............. [Insert FR page citation of publication
Monitoring Activities, Methods date].
Innovation Rule.
Process Vent and Equipment Leak Organic July 14, 2005............. [Insert FR page citation of publication
Air Emission Standards for Owners and date].
Operators of Hazardous Waste
Treatment, Storage, and Disposal
Facilities.
Burning of hazardous waste in boilers July 14, 2005............. [Insert FR page citation of publication
and industrial furnaces. date].
Air Emissions Standards for Tanks, July 14, 2005............. [Insert FR page citation of publication
Surface Impoundments, and Containers. date].
----------------------------------------------------------------------------------------------------------------
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL
0
54. The authority citation for part 279 continues to read as follows:
Authority: Sections 1006, 2002(a), 3001 through 3007, 3010,
3014, and 7004 of the Solid Waste Disposal Act, as amended (42
U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974); and
sections 101(37) and 114(c) of CERCLA (42 U.S.C. 9601(37) and
9614(c)).
Subpart B--Applicability
0
55. Section 279.10 is amended by revising paragraph (b)(1)(ii)
introductory text to read as follows:
Sec. 279.10 Applicability.
* * * * *
(b) * * *
(1) * * *
(ii) Rebuttable presumption for used oil. Used oil containing more
than 1,000 ppm total halogens is presumed to be a hazardous waste
because it has been mixed with halogenated hazardous waste listed in
subpart D of part 261 of this chapter. Persons may rebut this
presumption by demonstrating that the used oil does not contain
hazardous waste (for example, by showing that the used oil does not
contain significant concentrations of halogenated hazardous
constituents listed in appendix VIII of part 261 of this chapter).
* * * * *
Subpart E--Standards for Used Oil Transporter and Transfer
Facilities
0
56. Section 279.44 is amended by revising the introductory text of
paragraph (c) to read as follows:
Sec. 279.44 Rebuttable presumption for used oil.
* * * * *
(c) If the used oil contains greater than or equal to 1,000 ppm
total halogens, it is presumed to be a hazardous waste because it has
been mixed with halogenated hazardous waste listed in subpart D of part
261 of this chapter. The owner or operator may rebut the presumption by
demonstrating that the used oil does not contain hazardous waste (for
example, by showing that the used oil does not contain significant
concentrations of halogenated hazardous constituents listed in appendix
VIII of part 261 of this chapter).
* * * * *
Subpart F--Standards for Used Oil Processors and Re-Refiners
0
57. Section 279.53 is amended by revising paragraph (c) introductory
text to read as follows:
Sec. 279.53 Rebuttable presumption for used oil.
* * * * *
(c) If the used oil contains greater than or equal to 1,000 ppm
total halogens, it is presumed to be a hazardous waste because it has
been mixed with halogenated hazardous waste listed in subpart D of part
261 of this chapter. The owner or operator may rebut the presumption by
demonstrating that the used oil does not contain hazardous waste (for
example, by showing that the used oil does not contain significant
concentrations of halogenated hazardous constituents listed in appendix
VIII of part 261 of this chapter).
* * * * *
Subpart G--Standards for Used Oil Burners Who Burn Off-
Specification Used Oil for Energy Recovery
0
58. Section 279.63 is amended by revising paragraph (c) introductory
text to read as follows:
[[Page 34592]]
Sec. 279.63 Rebuttable presumption for used oil.
* * * * *
(c) If the used oil contains greater than or equal to 1,000 ppm
total halogens, it is presumed to be a hazardous waste because it has
been mixed with halogenated hazardous waste listed in subpart D of part
261 of this chapter. The owner or operator may rebut the presumption by
demonstrating that the used oil does not contain hazardous waste (for
example, by showing that the used oil does not contain significant
concentrations of halogenated hazardous constituents listed in appendix
VIII of part 261 of this chapter).
* * * * *
[FR Doc. 05-10197 Filed 6-13-05; 8:45 am]
BILLING CODE 6560-50-P