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&r?
Federal Register / Vol. 52. No. 107 / Thursday, }une t^TRules' and Regul^oiTs
Research and Development Publications. 26
West St. Clair Street. Cincinnati, Ohio 45268.
F'gure 1. Example Format for Data
Assessment Report
Period ending date ——
Yi;ar
Company name
1'iant name
Source unit no.
GEMS manufacturer
Model no.
CEMS serial no.
CEMS type (e.g., in situ) .—
CEMS sampling location (e.g.. control device
outlet) :—, __
CEMS span values as per the applicable
regulation. SO2 ppm. Oa
percent, NOx ppm, COa
percent
I. Accuracy assessment results (Complete
A. B, or C below for each CEMS or for each
pollutant and diluent analyzer, as
applicable.) If the quarterly audit results
show the CEMS to be out-of-control. report
the results of both the quarterly audit and the
audit following corrective action showing the
CEMS to be operating properly.
A. Relative accuracy test audit (RATA) for
(e.g., SOa in ng/J).
1. Date of audit _.
2. Reference methods (RM's) used
(e.g.. Methods 3 and 6).
3. Average RM value (e.g., ng/J,
mg/dsm3. or percent volume).
4. Average CEMS value .
5. Absolute value of mean difference [dj
6. Confidence coefficient {CC]
7. Percent relative accuracy (RA)
percent.
8. EPA performance audit results:
a. Audit lot number (1) (2)
b. Audit sample number (1).
c. Results (mg/dsm3) (1).
-(2)
d. Actual value (mg/dsm3)* (1).
e. Relative error* (1).
-(2)
B. Cylinder gas audit (CGA) for
e.g.. SO2 in ppm).
(2) .
Audit
point
1
Audit
point 2
1. Date of audit..
2. Cylinder ID
number.
3. Date of
certification.
4. Type of
certification.
5. Certified audit
v.ilue.
6. CEMS response
value.
T. Accuracy
(e.g., EPA
Proto-
col 1 or
CRM).
• (e.g..
ppm).
(e.g.,
ppm).
percent.
C. Relative accuracy audit (RAA) for
(e.g., SO2 in ng/J).
1. Date of audit
2. Reference methods (RM's) used
(e.g.. Methods 3 and 6).
3. Average RM value (e.g.. ng/J).
4. Average CEMS value
5. Accuracy percent.
6. EPA performance audit results:
a. Audit lot number (1) (2)
b. Audit sample number (1).
-(2)
c. Results (mg/dsm3) (1).
-(2)
d. Actual value (mg/dsm3) *(1)
e. Relative error* (1) (2) _
D. Corrective action for excessive
inaccuracy.
1. Out-of-control periods.
a. Date(s)
b. Number of davs ,
2. Corrective action taken
-(2)
3. Results of audit following corrective
action. (Use format of A, B, or C above, as
applicable.)
II. Calibration drift assessment.
A. Out-of-control periods.
1. Date(s)
2. Number of days
B. Corrective action taken-
[FR Doc. 87-12564 Filed 6-3-87; 8:45 am]
BJLUKG CODE (560-H-M
40 CFR Parts 260, 261, 262, 264, 265,
268, 270, and 271
[SWH-FRL-3212-9]
Hazardous Waste Management
System; Land Disposal Restrictions;
Correction
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule: correction.
SUMMARY: On November 7,1986 (51FR
40572), EPA promulgated the first phase
of the land disposal restrictions under
the authority of the Resource
Conservation and Recovery Act
(RCRA), as amended by the Hazardous
and Solid Waste Amendments (HSWA)
of 1984. This notice corrects errors in the
preamble and regulation language of the
November 7,1988 final rule.
DATE: This rule is effective on June 4,
1987.
FOR FURTHER INFORMATION CONTACT:
For general information about this
rulemaking. contact the RCRA Hotline,
Office of Solid Waste (WH-562), U.S.
Environmental Protection Agency, 401 M
Street, SW., Washington, DC 20460,
(800) 424-9346 (toll free) or (202) 382- •
3000 in the Washington, DC
metropolitan area.
For information on specific aspects of
this rule, contact: Gary A. Jonesi,
Jacqueline W. Sales, or Stephen R. Weil,
' To be completed by the Agency.
Office of Solid Waste (WH-562B), U.S.
Environmental Protection Agency. 401 M
Street. SW., Washington. DC 20460v
(202) 382-4770.
SUPPLEMENTARY INFORMATION:
I. Background
On November 7,1986 (51 FR 40572),
EPA promulgated its approach to
implementing the congressionally
mandated prohibitions on the land
disposal of hazardous waste. That rule
established procedures for setting
treatment standards for hazarous
wastes, for granting nationwide
variances from statutory effective dates,
for granting extensions of effective dates
on a case-by-case basis, for evaluating
petitions for a variance from the
treatment standards, and for evaluating
petitions demonstrating that continued
land dispoal of hazardous wastes is
protective of human health and the
environment. In addition, EPA
promulgated specific treatment
standards and effective dates for
hazardous wastes included in the first
phase of the land disposal prohibitions:
certain dioxin-containing and solvent-
containing hazardous wastes.
Today's notice corrects a number of
errors contained in the final rule, many
of which are typographical and
grammatical errors. The more
substantive corrections to the preamble
and regulation language are summarized
below.
II. Summary of Corrections
1. Throughout the preamble (e.g., 51
FR 40577) and regulatory language (see
e.g., § 268.1) of the final rule, EPA
indicated that the Part 268 land disposal
restriction regulations apply to both
interim status and permitted facilities.
The Agency inadvertently omitted a
cross-reference to the Part 268 standards
in the applicability sections of Parts 264
and 265. Today's notice corrects this
deficiency by adding a new f 264.1 (h)
and § 265.1(e) which clarify that the Part
268 standards apply regardless of permit
status.
2. In the preamble to the final rule (51
FR 40611), the Agency summarized the
quantities of wastes estimated to be
land disposed for purposes of
determining whether nationwide
capacity variances should be granted. In
summarizing the quantity estimates
found in the Background Document, EPA
inadvertently made several numerical
and descriptive errors in the preamble.
Although these errors do not alter the
Agency's capacity determinations,
today's notice corrects these
inconsistencies so that the preamble
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Federal Register / Vol. 52. No. 107 / Thursday, Jane 4. 1987 / Rules and Regulations
properly reflects the calculations
reached in the Background Document.
3. In the applicability provision of the
regulation. EPA specified four
exemptions to the land disposal
prohibitions, among them an exemption
»n § 268.1(c)(4) for small quantity
generators of less than 100 kilograms of
hazardous waste per month. The plain
language of § 268.1 (c)(4) inadvertently
exempts small quantity generators of
between 1 kilogram and 100 kilograms
of acute hazardous wastes per month
from the land disposal restrictions even
though these generators are currently
subject to full regulation under RCRA
(See 40 CFR 261.5.) The Agency noted in
tne preamble to the January 14, igae
proposed rule (51 FR1608]"that acute
hazardous wastes would remain subject
lo full regulation when generated in
quantities greater than 1 kilogram per
month. In the preamble to the final rule.
EPA did not indicate any intent to
exempt generators of greater than l
kilogram of acute hazardous wastes per
month. Today's notice corrects the
language of the final rule to reflect the
Agency's intent that only small quantity
generators of less than 100 kilograms of
non-acute hazardous wastes per month
or less than 1 kilogram of acute
hazardous waste per month, as defined
in § 261.5. are exempt from the land
disposal restrictions.
4. In the preamble to the final rule (51
FR 40580). EPA determined that open
burning and open detonation of
explosive wastes are not considered to
be land disposal. References to open
detonation and open burning were
inadvertently included in the definition
of "land disposal" in another portion of
the preamble (51 FR 40577) and in
§ 268,2. Today's notice deletes the
incorrect references.
5. In the preamble to the final rule [51
FR 40632). EPA characterized the § 268.4
exemption for treatment in surface
impoundments as requiring such
impoundments to be constructed with
two or more liners and a leachate
collection system and to be in
compliance with applicable ground
water monitoring requirements. This
characterization inadvertently omitted
mention of various design or
performance alternatives allowed such
impoundments by both RCRA [sections
3004{o)(2). 3005(j)(2). and 3005(j)(4)) and
the regulatory language (§ 268.4(a)(3)).
Today s notice corrects this omission.
B. In the preamble to the final rule [51
FR 40601). EPA stated that wastes
otherwise prohibited from land disposal
may be treated in surface impoundments
provided the requirements of § 268.4 are
met. One requirement in § 268.4 is that
residues not meeting the applicable
treatment standards must be removed at
least annually for subsequent
management. Both the preamble and
§ 268.4 prohibit such subsequent
management in surface imoundments.
Since § 268.4{al(l) makes this exemption
conditional upon treatment in the
impoundment, the removed residues
must be managed in full compliance
with the Part 268 requirements (i.e..
treated to meet the Subpart D standards
without violating the § 268.3 dilution
prohibition) or be subject to a case-by-
case extension under § 268.5, a "no
migration" exemption under § 268.6, or a
treatment variance under § 268.44.
Under any scenario, the residues that
are removed from the impoundment
must comply with the § 268.7 waste
analysis and recordkeeping
requirements and all other applicable
Part 268 requirements (e.g., the § 268.50
storage prohibition).
Section 268.4{a) does not reflect this
view. Instead, it mistakenly exempts
"persons" from all Part 268 requirements
rather than exempting the otherwise
prohibited wastes treated in the
impoundment(s). Today's notice corrects
this error by revising § 268.4(a) to reflect
that § 268.4 is only an exemption from
the prohibition on placement of
restricted wastes in surface
impoundments and not an exemption
from other Part 268 requirements when
residues exceeding the applicable
treatment standards are removed from
the impoundments. Furthermore, today's
corrections clarify that the exemption
applies only to the wastes treated in the
exempt impoundments and not to other
wastes or other non-exempt units owned
or operated by such persons.
7. In both the preamble to the final
rule (51 FR 40602) and § 268.4(a)(3), EPA
identified two statutory exemptions
from the minimum technological
requirements applicable to surface
impoundments. However, in codifying
these exemptions for purposes of the
§ 268.4 treatment in surface
impoundments exemption, the Agency
inadvertently omitted the statutory
requirements contained in RCRA
3005(j)(4) and RCRA 3005(j)(5) that the
Administrator provide notice and an
opportunity to comment prior to granting
any such exemptions. Today's notice
corrects this omission. — .
8. EPA noted in the preamble to the
final rule that RCRA § 3004(h)(4)
requires that during the period of a
nationwide variance or case-by-case
extension, restricted wastes may be
disposed in a landfill or surface
impoundment only if such facilities are
in compliance with RCRA | 3004(o). The
Agency interprets § 3004(h)(4) to provide
that the minimum technological
requirements specified in § 3004(o) are
only applicable to certain new landfill
and surface impoundment units, and to
replacements and lateral expansions of
existing units (51 FR 40603-40604).
Although § 268.5(h)(2) correctly reflects
this interpretation, EPA inadvertently
included contradictory language in
§ 268.5(h)(2)(iii). Today's notice deletes
the incorrect language.
9. In both the preamble to the final
rule (51 FR 40597) and in § 268.7(a), EPA
provided that generators may determine
whether their wastes are restricted
based on waste analysis data,
knowledge of the waste, or both. The
preamble (51 FR 40597) stated the
Agency's intent that where this
determination is based solely on the
generator's knowledge of the waste.
EPA is requiring that the generator must
maintain all supporting data used to
make this determination. However, the
reference in the preamble to the
generator's "operating record" was an
error. It was EPA's intent that such
records be kept on-site in the generator's
files (because the requirements for
formal operating records do not apply to
generators unless they are also owners
or operators of treatment, storage, or
disposal facilities). The Agency also
inadvertently omitted this recordkeeping
requirement from the regulatory
language in § 268.7(a). Today'sV.otice
corrects these errors.
10. In the-preamble to the final rule (51
FR 40597), EPA stated that testing and
recordkeeping is critical to
implementation of the land disposal
restrictions. Although the Agency
acknowledged that the ultimate
responsibility is on land disposal
facilities to ensure that restricted wastes
are not illegally disposed, EPA imposed
certain waste analysis, notice, and
recordkeeping requiremetns on
generators and treatment facilities, as
well as land disposal facilities. The
preamble reflects EPA's intent that these
requirements are applicable regardless
of whether the wastes are directly land
disposed or whether they are treated.
However, ambiguous language in
§ 268.7(a)(l) could improperly be
construed as exempting generators from
these requirements unless restricted
wastes are either directlyland disposed"
without treatment or treated and
subsequently land disposed. Today's
notice corrects the ambiguous regulatory
language by revising § 268.7(a)(l) to
reflect that the notification requirements
of this section apply to all generators
who handle restricted wastes exceeding
the applicable treatment standards
regardless of whether or when such
wastes are ultimately land disposed.
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Federal Register / Vol. 52. .\'o. 107 / Thursday. June 4. 1387 / Rules and Reflations
^ 11. The preamble to the final rule (51
FR 40597) expresses the Agency's intent
ihat the § 268.7 notifications.
certifications, and waste analysis ciata
.ire to accompany each waste shipment:
however. § 268.7 itself could improperly
be- constr.ied as allowing the submissio'n
•if sjch documentation at a later time.
Toddy's notice corrects this ambiguity
by revising § 268.7 to conform with the
preamble discussion.
12. In § 268.7(a)(3J of the final rule.
EPA is requiring that where a
generator's waste is subject to one of
several variances or exemptions, he
must forward a notice to the land
disposal facility receiving his waste
stating that the waste is exempt from
the prohibition on land disposal. The
Agency inadvertently omitted from this
requirement those wastes subject to the
statutory extension (codified in
§ 268.1(c)(3)) for contaminated soil and
'debris resulting from response actions
tnken under CERCLA § 104 or § 106 or
RCRA corrective action authority.
Today's notice corrects this omission.
13 In the preamble to the final rule (51
FR 40597). EPA recognized the need to
impose certain waste analysis, notice,
tind recordkeeping requirements in order
to ensure that only wastes which meet
the treatment standards (or are
ciherwise exempt from the land disposal
prohibitions) will be transported to land
disposal facilities. Among these
r ;quirements is the § 268.7 provision
s-dting that treatment facilities must
certify to land disposal facilities that the
v. astes or treatment residues meet the
.'pplicable treatment standards. Section
2/8.7, however, is not completely clear
with respect to the obligations of
treatment facilities when sending
prohibited wastes or treatment residues
to a different treatment facility for
further treatment. Although the final rule
contemplates that such situations occur
(see. e.g.. § 268.40 which refers to
"further treatment"), the tracking
requirements in § 268.7 deal explicitly
only with the case of a treatment facility
shipping wastes or residues to a land
disposal facility.
The Agency intended that in
situations where further treatment is
required, such that shipment is to
another treatment facility, treatment
facilities must comply with the same
notice requirements applicable to
generators shipping to treatment
facilities. EPA believes that this
requirement is already implicit in the
rules, given the existing obligations of
treatment facilities initiating shipments
of hazardous waste to comply with
generator requirements (see § 264.71(c)
and § 265.7l(c)). To avoid confusion.
however, today's notice revises
§ 2b0.7!b) ;o explicitly state that in cases
where the treatment residues do not
meet the treatment standards, the
treatment facility must comply with the
notice requirements applicable to
generators in § 268.7(a)(l) if the
treatment residues will be further
managed at a different treatment
facility.
14. In the preamble to the final rule (51
FR 40597), EPA stated that generators
who dispose of restricted wastes on site
must put into their operating record the
same notification (except for the
manifest number), certification, and
waste analysis data as required by off-
site disposal facilities. However,
§ 268.7(c) states that only disposal
facilities "accepting" restricted wastes
must comply with these requirements,
implying incorrectly that this
requirement applies only to off-site
disposal facilities. Today's notice
corrects this erroneous implication.
15. There are a number of errors in
§ 268.7(c), which sets out testing and
recordkeeping requirements for land
disposal facilities. First, the rule
incorrectly implies that land disposal
facilities have an obligation to test each
incoming shipment even if the generator
or treatment facility has provided the
land disposal facility with waste
anaylsis data indicating that the wastes
or treatment residues meet the
applicable treatment standards. The
Agency indicated in the preamble (51 FR
40598) that land disposal facilities must
test their wastes to determine
compliance with the treatment
standards as frequently as specified in
the facility's waste analysis plan.
Testing each shipment is not necessarily
required. Rather, the facility's waste
analysis plan should specify the
frequency required in order to meet the
Part 264 or Part 265 obligations. Today's
notice revises § 268.7(c) to reflect these
points.
Second, § 268.7(c) does not state
explicitly that the Toxicity
Characteristic Leaching Procedure
(TCLP) must be used by land disposal
facilities to evaluate compliance with
the § 268.41 treatment standards.
However, this requirement is implicit
since disposal facilities are required to
test to assure compliance with the
treatment standards and the TCLP is the
method used for determining compliance
(see § 268.7(c) and 51 FR 40593, 40598).
Accordingly, today's notice revises
§ 268.7(c) to indicate explicitly that
when a land disposal facility tests, it
must analyze an extract developed using
the TCLP. (Where a total constituent
analysis reveals that individual
constituents are present in
concentrations below the applicable
treatment standards, the TCLP need not
be run. See Appendix I to Part 268, Step
1.2.) Aside from this requirement to
utilize the TCLP, today's notice clarifies
that existing waste analysis
requirements specified in § 264.13 and
§ 265.13 remain applicable.
16. In the November 7.1986 final rule,
EPA granted several nationwide
variances from the statutory prohibition
effective date based on a lack of
adequate alternative treatment capacity.
Among these is a 2-year nationwide
variance for solvent wastes which
contain less than 1% total F001-F005
solvent constituents. The Agency
indicated in the preamble (e.g., 51 FR
40601, 40623) and in regulatory language
(e.g., r268.4(a)(2), § 268.7(b)(2), § 268.40)
that treatment residues from wastes that
initially contain greater than or equal to
1% total F001-F005 solvent constituents
must meet the applicable treatment
standards. Furthermore. EPA stated in
the preamble to the final rule (51 FR
40575, 40615) and in § 268.41 that F028
dioxin-containing wastes, which are
treatment residues resulting from
incineration or thermal treatment, must
also meet the applicable treatment
standards. These passages all state the
general principle that once a hazardous
waste is prohibited it must be treated
until it meets the applicable treatment
standards.
However, ambiguous language in
§ 268.30 could improperly be construed
as allowing treatment residuals to
qualify for a nationwide variance even
though these residuals are derived from
treating wastes that are ineligible for the
nationwide variance. Today's notice
corrects this ambiguity by revising
§ 268.30(a)(3) to reflect that the
determination as to the availability of
such a 2-year variance is to be made by
the initial generator of the waste before
the waste has been treated (e.g., by
recycling, incineration, or other
methods). Therefore, for this purpose,
treatment residuals are not to be viewed
as newly generated wastes.
17. In the preamble to the final rule,
EPA stated that it was granting a two-
year nationwide variance from the
November 8,1986 prohibition effective
date for several categories of wastes
due to a shortage of available
incineration capacity. Although the
preamble correctly identifies "solvent-
containing sludges and solids" among
the wastes granted such a variance (51
FR 40615), EPA inadvertently omitted
the reference to "solids" from the
regulatory language in § 268.30(a){3).
Today's notice corrects this error.
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21013
18. EPA correctly stated in both the
preamble (51 FR 40597) and in
§ 268.7(a)(2) that wastes naturally
meeting the treatment standards may be
land disposed without further treatment,
However language in 5 268.30(c)(1}.
§ 268.31(b)(l). and § 268.41(a) implies
that all wastes must be treated before
being land disposed, including those
wastes that already meet the treatment
standards. Today's notice corrects these
erroneous implications.
19. The final rule established
procedures in § 268.6 for granting
petitions allowing continued land
disposal of prohibited wastes based on
a demonstration that there will be "no
migration of hazardous constituents
from the disposal unit or injection zone
for as long as the wastes remain
hazardous." EPA correctly stated in the
preamble to the final rule (51 FR 40582)
and in the regulatory language in
§ 268.1(c)(2) and § 268.6{f) that such "no
migration" petitions, if approved, apply
only to land disposal of the specific
waste at the individual disposal unit
described in the demonstration. Both
§ 268.30(c)(2) and § 268.31 (b)(2) do not
reflect this waste-specific and unit-
specific approach. Instead, they could
improperly be construed as allowing
exemptions from the land disposal
prohibitions where a "no migration"
petition has been granted to a facility
but not with respect to the wastes and
units that are the subject of the petition
demonstration. Today's notice corrects
this error.
20. The final rule established
procedures in § 268.5 for obtaining case-
by-case extensions to a prohibition
effective date. Although it is clear in
both § 268.5{d) and § 268.1(c)(l) that
case-by-case extensions apply only to
those wastes generated at the individual
facility covered by the application, both
§ 268.30{c)(3) and § 268.31(b)(3) could
improperly be construed as allowing an
extension for wastes which are not the
subject of a successful § 268.5
demonstration as long as the applicant
has obtained such an extension for other
wastes. Today's notice corrects this
error.
21. In § 268.41 of the final rule. EPA
established a treatment standard of
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2W14 Federal Register / Vol. 52> No. 107 / Thursday. June 4, 1987 / Rules and Regulations
December 11,1986 (51 FR 44739);
however, another part of the November
7, 1986 preamble (51 FR 40620}
incorrectly implies that such a dilution
prohibition was included in the final
rule. Today's notice deletes this
erroneous language. !n doing so, EPA is
reiterating that such a prohibition is not
contained in the November 7,1986 final
rule only because it was not proposed
prior to November 7,1986.
27. In the preamble to the final rule (51
FR 40629), EPA incorrectly indicated
that when the Agency grants a variance
from a treatment standard it must
subsequently make a national capacity
determination regarding the availability
of appropriate treatment capacity for
that waste. Neither the treatment
variance procedures in § 268.44 nor any
other part of the regulatory language or
preamble reflects this view. EPA
recognizes its obligation to make
capacity determinations in order to
grant nationwide variances from the
prohibition effective dates; however, the
Agency did not intend to require such
capacity determinations where a
nationwide variance is not granted.
Today's notice corrects the preamble
language to reflect this view.
III. Rationale for Immediate Effective
Date
Today's notice does not create any
new regulatory requirements. Rather, it
restates and clarifies existing
requirements by correcting a number of
errors in the November 7,1986 final rule
(51 FR 40572). For these reasons, EPA
finds that good cause exists under
section 3010(b)(3) of RCRA, 42 U.S.C.
6903(b)(3), to provide for an immediate
effective date. For the same reasons,
EPA finds that there is good cause undei
5 U.S.C. 553(b)(3)(B) to promulgate
today's corrections in final form and
that there is good cause under 5 U.S.C.
553(d)(3) to waive tie requirement that
regulations be published at least 30 days
before thev become effective.
Dated: May 21. 1967.
J.W. McGraw, ''•
Acting Assistant Administrator. -••
The following corrections are made in
the preamble tdvSWH-FRL 3089-5, the
Hazardous Waste Management System;
Land Disposal Restrictions Final Rule,
published in the Federal Register on
November 7,1986 (51 FR 40572):
1. On page 40577, first column, in the
first paragraph of section B.I., the last
sentence should read "The Agency has
concluded that these methods do not
constitute land disposal." The remainder
of the sentence is deleted.
2. On page 4Q57B, third column, third
and fourth lines from the bottom, "land
disposal" should read "treatment".
3. On page 40579, second column, fifth
line in the first! full paragraph, "261.3 (e\
and (f)" should read "261.33 (e) and (f)".
4. On page 40579, third column, third
line from the bottom, "November 8,
1988" should read "November 8,1986",
5. On page 4,0581, second column,
eleventh line.^'November 14,1986"
should read.rfknuary 14,1986".
6. On page 40585, third column,
seventeenth line, "99.999" should read
"99.9999".
7. On page 40591, second column, in
the first equation, "i = i" should read
"i = l".
8. On page 40597, first column, fourth
through sixth lines from the
bottom,"maintain in the facility
operating record all supporting data
used to make this certification." should
read "keep all .'supporting data used to
make this'determination on-site in the
generator's files."
9. On page 40598, second column, last
line before section C.3., "§ 268:7(b)(l}"
should read "§ 268.7(b)(2)(n)M.
10. On page 40600. second column,
eleventh line from the bottom,
"3003(h)(2)" should read "3004fh)(2)",
11. On;page 40601, second column,
fourth line of section D.9., "(h)(4)"
should read "(h)(3)".
12. Ori page 40603, third cohimn,
seventh/line of section F.l.g..
"3004(h)(4)" should read "3004(h)(3)".
13. On page 40606, second column, the
fifth line from the bottom should read
"the Agency under § 268.44{c) is
accurate".
14. On page 40610, third cofumn. the
first sentence in Section D.I should read
"Based on available data from the RIA
Mail Survey, EPA estimates that 2.849
million gallons per year of solvent
wastes are managed in units defined as
land disposal under today's rule."
15. On page 40611, first column, the
sentence beginning on the tenth line
from the bottom should read "This
change results in an increase in solvent-
water mixtures land disposed of 1.644
million gal/yr and an increase in •
quantity for all other waste types land
disposed of 19 million gal/yr. for a total
increase of 1.663 milion gal/yr."
16. On page 40611, third column,
twenty-third line, the number "21.7"
should read "20.2".
17. On page 40611, third column, the
last sentence before section D.2. should
read "Therefore, the overall total
quantity of wastes including small
quantity generator, CERCLA. and RCRA
corrective action wastes is increased to
2,878 million gal/yr for today's.rule."
18. On page 40611, third column, the
last sentence before the table should
read "These figures do not include
wastes which were deep well injected,
and also do not include small quantity
generator, CERCLA, or RCRA corrective
action wastes."
19. On page 4O611, third column, the
quantity numbers in the table should be
corrected as follows:
a. Disposal in surface impoundments
should be "8.8"
b. Waste piles should be ".74"
c. Land application should be "0.0"
d Landfill should be "44^4"
e. Total land disposed should be
"2.848.9"
20. On page 40620, the following
diagram should be substituted in place
of the diagram labeled "Sequence 1:
Waste Characterization":
BILLING CODE 6S60-5O-M
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Federal Register / Vol. 52. No. 107 / Thursday. June 4. 1987 / RuiM and Regulations
Generator of Restricted Waste
(Including Corrective Action and CERCLA)
Identify
Applicable
Treatment Standard
Part 268 Subpart D
Treatment
Standard
Go to
Sequence 7
Is
Treatment
Standard Effective
Immediately
Go to
Sequence 4
Does the
A. n Waste Meet
the Part 268 Subpart D
Treatment
Standard
Go to
Sequence 3,
Sequence 5,
Sequence 6,
Sequence 8, or
Sequence 10
Go to
Sequence 2
BILLING COM tS*o-M-C
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21016 Federal Register / Vol. 52. No. 107 / Thursday. June 4. 1987 / Rules'and Regulations
21. On page 40620, first column, tenth
through fourteenth lines after the
diagram, the following sentence should
be deleted: "To require otherwise would
allow the generator to dilute waste in
order to circumvent an effective date or
otherwise alter the applicable treatment
standard."
22. On page 406C9, second column, the
sentence beginning on the seventh line
is revised by adding the following
language before the period ending the
sentence: "where a nationwide variance
to the prohibition effective date is .
granted."
23. On page 40632. first column, on the
ninth and tenth lines, "The generator
may treat" should read "The generator's
waste may be treated" and on the
twentieth line, the language "unless it is
exempt from these requirements
pursuant to § 268.4(a)(3}" should be
inserted after "requirements" but within
the parenthetical reference.
The following corrections are made in
the rules for SWH-FRL 3089-5, the
Hazardous Waste Management System;
Land Disposal Restrictions Final Rule,
published in the Federal Register on
November 7, 1986 (51 FR 40572):
§264.1 [Amended]
. 24. On page 40637, second column,
Part 264 is revised by adding a new
paragraph (h) to § 264.1 to read as •
follows:
« * * * *
(hi the requirements of this part apply
to owners or operators of all facilities
which treat, store, or dispose of
hazardous wastes referred to in Part 268.
§264.13 [Corrected!
25. On page 40637. second column,
fourteenth line from the bottom, "of this
part of Part 268" should read "of this
part and Part 268".
§264.73 [Corrected!
2fi. On page 40637, third column, in
§ 264.73lb)(14). "notice required undeer"
should read "notice required under".
§ 265.1 [Amended]
27. On page 40638. first column, Part
265 is revised by adding a new
paragraph (e) to § 265.1 to read as
follows:
*****
(e) The requirements of this part apply
to owners or operators of all facilites
which treat, store or dispose of
hazardous waste referred to in Part 268.
§ 268.1 [Corrected]
28. On page 40638, third column,
§ 268.1(c)(l) should read "Where
persons have been granted an extension
to the effective date of a prohibition
under Subpart C of this part or pursuant
to § 268.5. with respect to those wastes
covered by the extension;".
29. On page 40638, third column, in
§ 268.1(c)(2), "Where" is inserted at the
beginning of the sentence and "Persons"
should read "persons".
30. On page 40638, third column, in
I 268.1(c)(2). the word "or" after the
semi-colon should be deleted.
31. On page 40638, third column, in
§ 268.1(c)(3), "land disposal of should
read "where the wastes are" arid
"Recovery Act." should read "Recovery
Act; or".
32. On page 40638, third column,
§ 26S.l(c)(4) should read "Where the'
waste is generated by small quantity
generators of less than 100 kilograms of
non-acute hazardous wastes per month
or less than 1 kilogram acute hazardous
waste per month, as defined in § 261.5 of
this chapter."
§268.2 [Corrected]
33. On pages 40638 and 40639, the
definition of "Land disposal" in
§ 268.2(a) should read as follows:
(a) * "
"Land disposal" means placement in
or on the land and includes, but is not
limited to. placement in a landfill,
surface impoundment, waste pile,
injection well, land treatment facility,
salt dome formation, salt bed formation,
underground mine or cave, or concrete
vault or bunker intended for disposal
purposes.
§268.4 [Corrected]
34, On page 40639, first column,
§ 268.4(a) should read as follows:
"(a) Wastes which are otherwise
prohibited from land disposal under this
part may be treated in a surface
impoundment or series of impoundments
provided thatr"
35. On page 40639, first column, in
§ 268;4(a)(l), "impoundment" should
read "impoundments".
36. On page 40639. second column.
first line, "must meet" should read
"meets".
37. On page 40639, second column,
fourteenth line, "the Administrator has
granted" should read "the
Administrator, after notice and an
opportunity to comment, has granted".
38. On page 40639. second column, in
the second line of § 268.4{a)(3)(iii), "the
Administrator has granted" Jshould read
"the Administrator, after notice and an
opportunity to comment, has granted",
39. On page 40639. second column, in
§ 268.4(a)[4), "must submit"should read
"submits". i
§268.5 [Corrected)
40. On page 40639. third column, in
§ 268.5(a)(5). "on an outline" should
read "or an outline".
41. On page 40639, third column, in the
second line of the certification required
under § 268.5(b). "and that I am
familiar" should read "and am familiar",
42. On page 40640. first column,
second line, "review" should read
"renew".
43. On page 40640, first column, sixth
line from the bottom, "if the interim
status" should read "if in interim
status".
44. On page 40640, first column,
second line from the bottom, "in" should
be inserted after "is" but before
"compliance".
45. On page 40640, second column,
seventh and eighth lines, "regardless
that the unit is not new, expanded, or a
replacement" should be deleted.
46. On page 40640. second column,
fourteenth line, paragraph "(j)" should '
read paragraph "(i)".
§268.6 [Corrected]
47. On page 40640, third column, in the
second line of the certification required
under § 268.6(d), "an familiar with"
should read "am familiar with".
48. On page 40640, third column, fifth
line from the bottom, "to" should be
inserted after "Prior" but before "the".
49. On page 40641, first column.
second line, "reliveve" should read
"relieve".
§ Zfia.7 [Corrected)
50. On page 40641, first column,
twelfth line, "or using knowledge of the
waste to" should read "or use
knowledge of the waste, to".
51. On page 40641. first column, in the
third and fourth lines of § 268.7(a)(l).
"requires treatment prior to land
disposal, for" should read "exceeds the
applicable treatment standards, with",
52. On page 40641, first column, in the
fifth line of § 268.7[a){2), "for" should
read "with".
53. On page 40641, first column, in the
seventh line of the certification required
under § 268.7(a)(2)(ii), "beleive" should
read "believe".
54. On page 40641. first column, third
line from the bottom, "a petition under
§ 268.6, or a nationwide" should read
"an exemption under § 268.6. an
extension under § 268.1 (c)(3), or a
nationwide".
55. On page 40641. first column, last
line, "with the waste" should be
inserted between "forward a notice"
and "to the land disposal".
-------
' Second
n ' raSr*P a)(4)
should be added to read as follows:
il,. i , 8enerator determines whether
the waste ,s restricted based solely on
his knowledge of the waste, all
supporting data used to make this
determination must be maintained on-
sue in the generator's files."
57. On page 40641. second column
paragraph (b) should read as follows:
"(b) For wastes with treatment
standards expressed as concentrations
in the waste extract (§ 268.41) the
owner or operator of the treatment
facility must test the treatment residues
or an extract of such residues developed
using the test method described ta P
Sffi ? l °^h''S Part lo assure tha' the
treatment residues or extract meet the
applicable treatment standards. Such
estfng must be performed according to
the frequency specified in the facility's
waste analysis plan as required bv
§ 264.13 or § 265.13. Where the
treatment residues do not meet the
treatment standards, the treatment
facility must comply with the notice
requirements applicable to generators in
paragraph (ajfl) of this section if the
treatment residues will be further
managed at a different treatment
facility."
58. On page 40641. second column.
sixteenth line, paragraph "(lor should
read paragraph "(l)" and "with each
waste shipment" should be inserted
between "must be sent" and "to the
land .
5 498°fhi?9ap.r°641' SueC.°nd column- in
r«3 l - -fl Jt £ r Leach sh'Pment" should
read with each shipment" and "treated
to the performance standards specified
m Subpart D" should read "treated in
compliance with the treatment
standards specified in Subpart D"
JX: i°n prage 4?641- second colun^-
sixth line from the bottom, "signficant"
should read "significant".
61. On page 40641. second and third
columns. § 268.7(c) should read as
follows:
i ' Xc IT116 owner or operator of any
land disposal facility disposing any
waste subject to reatrictions under this
part mus have records of the notice and
certification specified in either
paragraph (a) or(b] of this-section. The
owner or operator of the land disposal
facility must test the waste or an extract
of the waste developed using the test
method described in Appendix I of this
part to assure that the wastes or
Sit! A6"1 re?,iduuf are in comPliance
with the applicable treatment standards.
Such testing must be performed
according to the frequency specified in
the facility's waste analysis plan as
required by § 264.13 or § 265.13.
§268.30 [Corrected]
62. On page 40641, third column, in the
first line of § 268.30(a)(3), "The solvent
waste" should read "The initial
generator's solvent waste" and in the
th,rd line of §268.30(a)(3). "or solid-
should be inserted between "sludge"
and the comma before "or solvent-
contaminated soil."
' 63. On page 40641. third column,
seventh line from the bottom, "are
treated to" should be deleted.
64. On page 40641. third column.
§ 268.30(c)(2) should read "Persons have
been granted an exemption from a
prohibition pursuant to a petition under
S 268.6, with respect to those wastes and
units covered by the petition: or".
65. On page 40641. third column,
§ 268.30(c)(3J should read "Persons have
been granted an extension to the
effective date of a prohibition pursuant
to § 268.5. with respect to those wastes
covered by the extension."
§268.31 [Corrected]
66. On page 40642. first column, in
§ 268.3l(a). "F022," should be inserted
between "F021." and "F023"
S ™« S?JiSf?,e 20642' first column-in
§ 268.31(b)(lJ, "are treated to" should be
deleted.
68. On page 40642. first column,
§ 268.31(b)(2) should read "Persons have
been granted an exemption from a
prohibition pursuant to a petition under
S 268.6. with respect to those wastes and
units covered by the petition; or ".
69. On page 40642. first column
§ 268.31(b)(3) should read "Persons have
been granted an extension from the
effective date of a prohibition pursuant
to § 268.5. with respect to those wastes
covered by the extension."
70. On page 40642. first column, in
I ?68'3?,(cl'the Period after "specified in
§ 268.5fh}[2) should be deleted and the
following language should be added to
end the sentence: "and all other
applicable requirements of Parts 264 and
265 of this chapter."
§268.41 [Corrected]
71. On page 40642. first column, in the
section heading for § 268.41,
"Standards"-should read "standards" "
72. On page 40642. first column,
thirteenth line from the bottom, "extract
of a waste treatment" should read
'extract of a waste or waste treatment"
73. On page 40642. second column, the
title of the table should read "TABLE
CCWE—CONSTITUENT
CONCENTRATIONS IN WASTE
t»A I rvACT .
/4. On page 40642, second column, in
Table CCWE, "1.2-dichlorobenzene"
should read "1,2-Dichlorobenzene".
75. On page 40642, second column, in
Table CCWE, "Ethyle benzene" should
read "Ethylbenzene".
76. On page 40642, second column, in
TABLE CCWE, "l,2,2-Trichloro-l,2.2-
tnfluroethane" should read "1,1.2-
Trichloro-l,2,2-Trifluoroethane".
77. On page 40642. third column, in
§ 268.44, paragraph (c) should be
redesignated as paragraph (d), and a
new paragraph (c) should be added to
read as follows:
*****
"(cj Each petition must include the
following statement signed by the
petitioner or an authorized
representative:
I certify under penalty of law that I have
personally examined and am familiar with
the information submitted in this petition and
all attached documents, and that, based on
my inquiry of those individuals immediately
responsible for obtaining the information. I
believe that the submitted information is true.
accurate, and complete. I am aware that
these are significant penalties for submitting
false information, including the possibility of
fine and imprisonment.
§ 268.50 [Corrected]
78. On page 40642, third column, last
line, "paragraph (b) of should be
deleted.
79. On page 40643, first column, fifth
and sixth lines, "stores such wastes on-
site" should read "stores such wastes in
tanks or containers on-site".
80. On page 40643, first column,
§ 268.50(a)(2) is revised to read as
follows:
"(2) An owner/operator of a
hazardous waste treatment, storage, or
disposal facility stores such wastes in
tanks or containers solely for the
purpose of the accumulation of such
quantities of hazardous waste as
necessary to facilitate proper recoverv
treatment, or disposal and:
"(i) Each container is clearly marked
to identify its contents and the date each
period of accumulation begins;
"(ii) Each tank is clearly marked with
Description ofits contents, the .
quantity of each hazardous waste
received, and the date each period of
accumulation begins, or such
information for each tank is recorded
and maintained in the operating record
at that facility. Regardless of whether
the tank itself is marked, an owner/
operator must comply with the operating
record requirements specified in § 264 73
or § 265.73."
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2W18 Federal Register / Vol. 52. N'o. 107 / Thursday. June 4. 1087 / Rules and Regulations
81. On page 40643, first column, in
§ 268.50(a)(3), "may store" should read
"stores".
82. On page 40643, first column, in
§ 268.50(d), "or a nationwide variance
contained in Subpart C of this part" is
inserted following "petition under
§ 268.6" and before "or an approved."
PART 268, APPENDIX I—
[CORRECTED]
83. On page 40645, in the equation
below Step 7.2.3, the colon after
"Percent" but before "dry solids" should
be deleted.
84. On page 40645. third column, in the
lust line of Step •7.4.1, "of should read
, first column, in the
f 8.5, "110" should
85. Op page 406
second jine of Step
read "100". '£.
86. On page 40(346. second column, in
the seventh line of the note to Step 8.8,
"is" should be inserted after "device"
but before "defined".
87. On page 40647, second column, in
the third line of Step 9.2, "estraction"
should read "extraction".
88. On page 40648, the equation below
Step 9.11 should read as follows:
Weight of extraction
fluid
20 »% soMs (Step 7 1] n weight of waste filleted (Slep 94
or 9.8)
too
§271.1 [Corrected]
89. On page 40653, third column, in
§ 271.1(j), insert "November 7,1986" In
the first column of Table 1 and revise
the third column of Table 1 to read "51
FR 40572."
90. On page 40654, first column, in
§ 271.1 (j), revise the fourth column of
Table 2 to read "November 7,1986, 51
FR 40572."
|FR Doc. 87-12723 Filed 6-3-67; 8:45 am]
BILLING COM H60-50-M
40 CFR Parts 704, 795 and 799
[OPTS-42076A; FRL-3213-5]
Anthraquinone; Final Reporting and
Recordkeeping Requirements and
Test Rule
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is issuing a final rule,
under section 4 of the Toxic Substances
Control Act (TSCA), requiring
manufacturers and processors of 9.10-
anthraquinone (CAS No. 84-65-1),
hereinafter anthraquinone, to perform
testing for water solubility,
bioconcentration, sediment toxicity to
benthic organisms, and acute toxicity to
aquatic organisms. The Agency is also
requiring annual reporting, under section
8 of TSCA, by manufacturers (including
importers) of anthraquinone of the
volume of this substance manufactured
or imported during their latest corporate
fiscal year. The rule precludes
duplicative reporting during those years
that industry must report under the
Inventory Update Rule. Testing for
biodogradation and chronic toxicity to
aquatic organisms will be required if the
acute toxicity, sediment toxicity, or
bioconcentration test results suggest a
hazard potential and the annual
production/importation level reaches or
exceeds 3 million pounds (Ib). This rule
requires the same testing as EPA's
proposed rule on anthraquinone.
PATES: In accordance with 40 CFR 23.5,
this rule will be promulgated for
purposes of judicial review at 1 p.m.
eastern ("daylight" or "standard," as
appropriate) time on June 18,1987.
These regulations will become effective
on July 20, 1987. The incorporation by
reference of certain publications listed
in the regulations is approved by the
Director of the Federal Register as of
July 20,1987.
FOR FURTHER INFORMATION CONTACT:
Edwin A. Klein, Director, TSCA
Assistance Office (TS-799), Office of
Toxic Substances, Rm. E-543, 401 M St.,
SW., Washington, DC 20460, (202-554-
1404].
SUPPLEMENTARY INFORMATION: EPA is
issuing a final test rule under section
4(a) of TSCA to require chemical fate
and environmental effects testing of
anthraquinone. Under section 8{a) EPA
will also require manufacturers
(including importers) to report annually
to EPA the volume of anthraquinone
manufactured or imported during their
latest corporate fiscal year.
I. Introduction
A. Test Rule Development Under TSCA
This notice is part of the overall
implementation of section 4 of TSCA
(Pub. L 94-469, 90 Stat. 2003 et seq.. 15
U.S.C. 2601 et seq.]. which contains
authority for EPA to require the
development of data relevant to
assessing the risk to health and the
environment posed by exposure to
particuldr chemical substances or
mixtures.
Under section 4(a)(l) of TSCA, EPA
must require testing of a chemical
substance to develop health or
environmental data if the Administrator
finds that:
(Aj(i) the manufacture, distribution in
commerce, processing, use, or disposal of a
chemical substance or mixture, or that any
combination of such activities, may present
an unreasonable risk of injury to health or the
environment.
(ii) there are insufficient data and
experience upon which the effects of such
manufacture, distribution in commerce.
processing, use. or disposal of such substance
or mixture or of any combination of such
activities on health or the environment can
reasonably be determined or predicted, and
(iii) testing of such substance or mixture
with respect to such effects is necessary to
develop such data; or
(B)(i) a chemical substance at mixture is or
will be produced in substantial quantities.
and (I) it enters or may reasonably be
anticipated to enter the environment in
substantial quantities or (I!) there is or may
be significant or substantial human exposure
to such substajice or mixture.
(iij there are insufficient data and
experience upon which thejeffects of the
manufacture, distribution irTcommerce.
processing, use, or disposal of such substance
or mixture or of any combination of such
activities on health or the environment can
reasonably be determined or predicted, and
(iii) testing of such substance or mixture
with respect to such effects is necessary to
develop such data.
For a more complete understanding of
the statutory section 4 findings, the
reader is directed to the Agency's first
proposed test rule package published in
the Federal Register of July 18,1980 (45
FR 48510), for an in-depth discussion of
the general issues applicable to this
action.
B. Regulatory History
As published in the Federal Register
of November 29,1984 (49 FR 46931 j, the
Interagency Testing Committee (ITC)
designated anthraquinone for priority
testing consideration and recommended
chemical fate testing, including water
solubility and biodegradation, and
ecological effects testing, including
acute toxicity to fish, aquatic
invertebrates, and algae, and chronic
toxicity to aquatic organisms.
conditional upon results of acute tests.
The Agency evaluated the ITC
recommendation and on April 23,1985
held a public meeting to announce its
preliminary testing decision. Subsequent
to the public meeting. Mobay Chemical
Corp. submitted confidential business
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