n  i
                      00
          Monday
          April 8, 1996
          Part II



          Environmental

          Protection  Agency

          40 CFR Part 148, et al.
          Land Disposal Restrictions Phase III;
          Final Rule and Partial Withdrawal and
          Amendment of Final  Rule

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             Federal Register / Vol.  61, No.  68 / Monday, April 8, 1996 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Parts 148, 268,271, and 403
RIN 2050-AD38
[EPA * 530-Z-96-002; FRL-5438-3]

Land Disposal Restrictions Phase III—
Decharacterized Wastewaters,
Carbamate Wastes, and Spent
Potliners

AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.

SUMMARY: EPA is promulgating
treatment standards for hazardous
wastes from the production of
carbamate pesticides and from primary
aluminum production under its Land
Disposal Restrictions (LDR) program.
The purpose of the LDR program,
authorized by the Resource
Conservation and Recovery Act (RCRA),
is to minimize  short- and long-term
threats to human health and the
environment due to land disposal of
hazardous wastes.
  The Agency is also amending the .
treatment standards for hazardous
wastes that exhibit the characteristic of
reactivity. The rule also begins the
process of amending existing treatment
standards for wastewaters which are
hazardous because they display the
characteristic of ignitability, corrosivity,
reactivity, or toxicity. These wastes are
sometimes treated in lagoons whose
ultimate discharge is regulated under
the Clean Water Act, and sometimes
injected into deepwells which are
regulated under the Safe Drinking Water
Act. Prior to today's rule, the treatment
standard for these wastes required only
removal of the characteristic property.
Today's revised treatment standards
require treatment, not only to remove
the characteristic, but also to treat any
underlying hazardous constituents
which may be present in the wastes.
Therefore, these revised treatment
standards will minimize threats from
exposure to hazardous constituents
which may potentially migrate from
these lagoons or wells.
  Finally, EPA is codifying as a rule its
existing Enforcement Policy that
combustion of inorganic wastes is an
impermissible form of treatment
because hazardous constituents are
being diluted rather than effectively
treated.
EFFECTIVE DATE: This final rule is
effective on April 8,1996, except:
  Sections 148.18(a), 268.39(a), (b), and
(f), which are effective on July 1,1996;
and
  Sections 148.18(b) and 268.39(c),
which are effective on January 8,1997;
and
  Sections 148.1 (a), (b), and (d), 148.3,
148.4,148.18 (c) and (d), 148.20(a),
268.1(e), 268.2 (k) and (1), 268.3 (a) and
(b), 268.9 (d), (e), (f), and (g), 268.39 (d)
and (e), 268.44(a), and 403.5 (c) and (d),
which are effective on April 8,1998.
ADDRESSES: Supporting materials are
available for viewing in the RCRA
information Center (RIC), located at
Crystal Gateway One, 1235 Jefferson
Davis Highway, First Floor, Arlington,
VA. The Docket Identification Number
is F-96-PH3F-FFFFF. The RCRA
Docket is open from 9 a.m. to 4 p.m.
Monday through Friday, except for
Federal holidays. The public must make
an appointment to review docket
materials by calling (703) 603-9230. The
public may copy a maximum of 100
pages from any regulatory document at
no cost. Additional copies cost $0.15
per page.
FOR FURTHER INFORMATION CONTACT: For
general information on the LDR
program, contact the RCRA Hotline at
800-424-9346 (toll-free) or 703-412-
9810 locally. For general information on
today's rule, contact Peggy Vyas in the
Office of Solid Waste, phone 703-308-
8594.

SUPPLEMENTARY INFORMATION:
Glossary of Acronyms
BAT—Best Available Technology
BDAT—Best Demonstrated Available
  Technology
BIFs—Boilers and Industrial Furnaces
CAA--Clean Air Act
CWA—Clean Water Act
EP—Extraction Procedure
HON—Hazardous Organic NESHAPs
HSWA—Hazardous and Solid Waste
  'Amendments
HWIR—Hazardous Waste Identification Rule
ICR—ignitable, corrosive, and reactive
  wastes, or, Information Collection Request
  (in section IX.D.)
ICRT—ignitable, corrosive, reactive, and TC
  wastes
LDR—Land Disposal Restrictions
NESHAPs—National Emission Standards  for
  Hazardous Air Pollutants
NPDES—National Pollutant Discharge
  Elimination System
POTW—Publicly-Owned Treatment Works
PSES—Pretreatment Standards for Existing
  Sources
PSNS—Pretreatment Standards for New
  Sources
RCRA—Resource Conservation and Recovery
  Act
RIA—Regulatory Impact Analysis
SDWA—Safe Drinking Water Act
TC—toxicity characteristic
TCLP—Toxicity Characteristic Leaching
  Procedure
TRI—rToxic Release Inventory
UIC—Underground Injection Control
UTS—Universal Treatment Standards
Outline
I. Background
  A. Summary of the Statutory Requirements
    of the 1984 Hazardous and Solid Waste
    Amendments, and Requirements of the
  *  1993 Consent Decree with the
    Environmental Defense Fund
  B. Treatment Standards for Hazardous
    Wastes That Exhibit a Characteristic—
    The D.C. Circuit's Opinion in Chemical
    Waste Management v. EPA
II. Miscellaneous Issues for Which EPA is
    Not Finalizing an Approach in This
    Final Rule
  A. Treatment Standards for Organobromine
    Wastes
  B. Potential Prohibition of Nonamenable
    Wastes From Land-Based Biological
    Treatment Systems
  C. Certain Sections of Completing
    Universal Treatment Standards
  D. Prohibition of Hazardous Waste as Fill
    Material
  E. Point of Generation
  F. Prohibition on Using Iron Filings to
    Stabilize Spent Foundry Sand
III. End-of-Pipe Equivalence: Treatment
    Standards for Clean Water Act (CWA)
    and CWA-Equivalent Wastewater
    Treatment Systems
  A. Types of Facilities to Which Treatment
    Standards Apply
  B. End-of-Pipe Treatment Standards
  C. Why CWA Limitations and Standards
    Can Also Be RCRA Treatment Standards
  D. When CWA Limitations and Standards
    Become the RCRA Standards
  1. Direct Dischargers
  2. Indirect Dischargers
  3. Zero Dischargers Performing CWA-
    Equivalent Treatment
  E. Implementation
  1. Where Permits Contain Standards for
    Hazardous Constituents
  2. Where Permits Do Not Contain a
    Limitation for a Hazardous Constituent
  3. Indirect Dischargers
  4. Zero Dischargers Performing CWA-
    Equivalent Treatment
  5. Implementation When CWA Standards
    and Limitations Will Not be the
    Exclusive  Standard
  6. RCRA Controls Over Point Source
    Discharges and Domestic Sewage?
  7. Applicability to the Pulp and Paper
    Industry
IV.  Treatment Standards for Class I
   ' Nonhazardous Injection Wells and
    Response to Comments
  A. Introduction
  B. Compliance Options for Class I
    Nonhazardous Wells
  C. Pollution Prevention Compliance
    Option
  D. De Minimis Volume Exemption
V. Treatment Standards for Newly Listed
    Wastes
  A. Carbamates
  B. Spent Aluminum Potliners (K088)
  1. Comments Received on the "Inherently
    Waste-Like" Determination
  2. Comments Received on Regulated
    Constituents
  3. Comments Received on Data

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             Federal Register / Vol. 61, No. 68  /  Monday,  April 8, 1996 / Rules  and Regulations      15567
  4. Comments Received on Technical Basis
    for BDAT
VI. Improvements to the Existing Land
    Disposal Restrictions Program
  A. Completion of Universal Treatment
    Standards
  1. Addition of Constituents to Table 268.48
  2. Waste water Standard for 1,4-Dioxane
  3. Revision to the Acetonitrile Standard
  B. Aggressive Biological Treatment as
    BDAT for Petroleum Refinery Wastes
  C. Dilution Prohibition
  1. Inorganic Metal-Bearing Wastes
  2. Inorganic Metal-bearing Wastes Not
    Prohibited Under the LDR Dilution
    Prohibition
  3. Cyanide-Bearing Wastes
  4. Table of Inorganic Metal Bearing Wastes
  D. Expansion of Treatment Options That
    Will Meet the LDR Treatment Standard
    "CMBST"
  E. Clean Up of 40 CFR Part 268
  1. Section 268.8
  2. Sections 268.10-268.12
  3. Section 268.2(f)
  4. Corrections to Proposed Rule Languages
VII. Capacity Determinations
  A. Introduction
  B. Capacity Analysis Results Summary
VIII. State Authority
  A. Applicability of Rules in Authorized
    States
  B. Abbreviated Authorization Procedures
    for Specified Portions of Today's Rule
  C. Effect on State Authorization
IX. Regulatory Requirements
  A. Regulatory Impact Analysis Pursuant to
    Executive Order 12866
  1. Methodology Section
  a. Methodology for Estimating the Affected
    Universe
  b. Cost Methodology
  c. Economic Impact Methodology
  d. Benefits Methodology
  2. Results
  a. Volume Results
  b. Cost Results
  c. Economic Impact Results
  d. Benefit Estimate Results
  B. Regulatory Impact Analysis for
    Underground injected Wastes
  C. Regulatory Flexibility Analysis
  D. Paperwork Reduction Act
X. Unfunded Mandates Reform Act

I. Background

A. Summary of the Statutory
Requirements of the 1984 Hazardous
and Solid Waste Amendments, and
Requirements of the 1993 Consent
Decree With the Environmental Defense
Fund
  The Hazardous and Solid Waste
Amendments (HSWA) to the Resource
Conservation and Recovery Act (RCRA),
enacted on November 8,1984, largely
prohibit the land disposal of untreated
hazardous wastes that do not meet
treatment standards established by EPA
under section 3004(m). Once a
hazardous waste is prohibited, the
statute provides only two options for
legal land disposal: meet the treatment
standard for the waste prior to land
disposal, or dispose of the waste in a
land disposal unit that has been found
to satisfy the statutory no migration test.
A no migration unit is one from which
there will be no migration of hazardous
constituents for as long as the waste
remains hazardous. RCRA sections 3004
(d), (e), (fj, (g)(5).
   The amendments also require the
Agency to set levels or methods of
treatment, if any, which substantially
diminish the toxicity of the waste or
substantially reduce the likelihood of
migration of hazardous constituents
from the waste so that short term and
long term threats to human health and
the environment are minimized. RCRA
section 3004(m)(l). To date, the Agency
has implemented this provision by
establishing treatment standards for
chemical constituents in hazardous
wastes based on the performance of the
best demonstrated available technology
(BDAT) to treat the waste. EPA may
establish treatment standards as
specified technologies, as constituent
concentration levels in treatment
residuals, or both. When treatment
standards are set as levels, the regulated
community may use any technology not
otherwise prohibited (such as
impermissible dilution) to treat the
waste.
   It should be noted that the Agency has
proposed  risk-based exit levels—levels
at which wastes are no longer
considered hazardous for purposes of
RCRA subtitle C—for the majority of
hazardous constituents found in listed
hazardous wastes in the Hazardous
Waste Identification Rule (HWIR) (60 FR
66344, December 21,1995). Wastes
meeting these levels either before or
after treatment consequently could be
disposed in units not subject to RCRA
hazardous waste management
requirements (e.g., landfills without
subtitle C permits). A consent decree
approved  by the U.S. District Court for
the District of Columbia requires EPA to
finalize the HWIR exit levels by
December 15,1996. In the same notice,
the Agency proposed to allow the exit
levels for some constituents to serve as
alternative, risk-based LDR treatment
standards satisfying the "minimize
threat" standard of section 3004(m).
Where these risk-based levels are higher
(less restrictive) than current BDAT
treatment  standards, they will
effectively supersede the BDAT
requirements. See Hazardous Waste
Treatment Council v. EPA, 886 F.2d
355, 362-63 (D.C. Cir. 1989).
  EPA was required to promulgate land
disposal prohibitions and treatment
standards  by May 8,1990 for all wastes
that were either listed or identified as
hazardous at the time of the 1984
amendments (RCRA sections 3004 (d),
(e), and (g)(5)), a task EPA completed
within the statutory timeframe. EPA was
also required to promulgate prohibitions
and treatment standards for wastes
identified or listed as hazardous after
the date of the 1984 amendments within
six months after the listing or
identification takes effect (RCRA section
3004(g)(4)).
  The Agency did not meet this latter
statutory deadline for all of the wastes
identified or listed after the 1984
amendments. As a result, a suit was
filed by the Environmental Defense
Fund (EDF). EPA and EDF signed a
consent decree that establishes a
schedule for adopting prohibitions and
treatment standards for newly identified
and listed wastes. (EDFv. Reilly, Cir.
No. 89-0598, D.D.C.). EPA also entered
into a settlement agreement with the
environmental petitioners in Chemical
Waste Management v. EPA, 976 F.2d 2
(D.C.  Cir. 1992), cert, denied 113 S. Ct.
1961  (1993) regarding the procedural
effect of the mandate entered in that
case. This settlement calls for EPA to
take action to implement the portions of
the opinion dealing with centralized
management of wastewaters that
initially exhibit a hazardous waste
characteristic within specified
timeframes.
  Today's rule fulfills several provisions
of the settlement agreement and
proposed consent decree. First, the rule
amends the treatment standards for
initially characteristic wastewaters
managed in centralized wastewater
management systems containing land
disposal units. Three specific fact
patterns are covered by the rule: (1)
Where the wastewaters are ultimately
discharged and are subject to limitations
or standards established under the
Clean Water Act (CWA) and the
treatment system preceding discharge
includes a surface impoundment; (2)
where a facility with initially
characteristic wastes treats those wastes
with CWA-equivalent treatment but
ultimately uses a form of land disposal
(such as spray irrigation) that is not
regulated under the CWA as the final
means of disposing of the treated
wastewaters; and (3) the initially
characteristic wastes are injected into
Class 1 non-hazardous deep wells
subject to regulation under the Safe
Drinking Water Act (SDWA). In all
cases, the wastewaters no longer exhibit
a characteristic at the point of land
disposal. The amended treatment
standards require treatment that
destroys, immobilizes, or removes the
hazardous constituents present in the
initially characteristic wastewaters
(referred to as "underlying hazardous

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'15568      Federal Register / Vol. 61, No.  68 / Monday, April 8, 1996 / Rules  and Regulations
 constituents" because these constituents
 are not typically the reason the waste is
•-classified as hazardous). Treatment of
•the underlying hazardous constituents
 is nevertheless required in order to
 minimize the long-term threats land
 disposal of these wastes can cause. 976
 F.2d at 16-17.
   EPA is fulfilling provisions of the
 consent decree by promulgating
 prohibitions and treatment standards for
 two "newly listed wastes" wastes from
 production of carbamate pesticides, and
 spent aluminum potliners from primary
 aluminum production.
   That being said, the risks addressed
 by the portion of the rule dealing with
 centralized wastewater management,
 particularly UIC wells, are very small
 relative to the risks presented by other
 environmental conditions or situations.
 In a time of limited resources, common
 sense dictates that we deal with higher
 risk activities first, a principle on which
 EPA, members of the regulated
 community, and the public can all
 agree. For this reason, the
 Administration is supporting HR 2036,
 legislation which passed the House of
 Representatives, that would remove the
 mandate to automatically apply LDR
 treatment standards to decharacterized
 wastes managed in centralized
 wastewater management  situations
 regulated by the CWA or the SDWA. If
 this legislation passes in its current
 form, it would affect the regulations
 discussed in sections III., IV., and VLB.
 of the preamble. It would not affect the
 other sections of the preamble and rule.
 The sections of preamble and rule that
 are affected by the legislation have been
 granted 2-year national capacity
 variance (see §§ 148.18 (c) and (d) and
 268.39 (c) and (d)). The sections of
 preamble and rule not affected by the
 legislation have more immediate
 effective dates. If the legislation does
 pass into law, the Agency could issue an
 immediately effective final rule
 remanding the affected portions.
   Nevertheless, the Agency is presently
 required to set treatment standards for
 these relatively low risk wastes and
 disposal practices, although there are
 other actions and projects with which
 the Agency could provide greater
 protection of human health and the
 environment. At the same time,
 however, EPA has sought to exercise the
 full extent of its authority under current
 law to implement these mandates with
 significantly lower cost while ensuring
 protectiveness, such as giving credit for
 up-stream reductions in hazardous
 constituents, and crafting limited
 exemptions for wastewaters containing
 de minimis amounts of hazardous
 constituents.
B. Treatment Standards for Hazardous
Wastes That Exhibit a Characteristic—
The D.C. Circuit's Opinion in Chemical
Waste Management v. EPA

  In Chemical Waste Management y.
EPA, 976 F.2d 2 (D.C. Cir. 1992) cert.
denied 113 S. Ct. 1961 (1993), the court
made a number of far-reaching rulings
pertaining to treatment standards for
hazardous wastes that are hazardous
because they exhibit a characteristic.
First, the court held that land disposal
restriction requirements can continue to
apply to characteristic hazardous wastes
even after they no longer exhibit a
characteristic.  976 F.2d at 12-14.
Second, to satisfy the requirement in
RCRA section 3004(m) that treatment
address both short-term and long-term
threats posed by a waste's land disposal,
it is not enough that characteristic
hazardous wastes be treated to remove
the short-term property (viz. ignitability,
corrosivity, or reactivity) that makes
them hazardous. Long-term threats, in
the form of toxic underlying hazardous
constituents, also must be addressed.
976 F.2d at 16-17. Third (as EPA reads
the opinion), the court held that
dilution was ordinarily not a
permissible means of treating hazardous
constituents. Such constituents
generally must be destroyed,
immobilized, or removed from the waste
to satisfy the requirements of section
3004(m), specifically, the requirement  .
that long-term threats be minimized.
976 F.2d at 23, 25 and n. 8; 60 FR at
11706-11708 (March 2, 1995). Fourth,
centralized wastewater management
systems whose discharge is ultimately
regulated under the Clean Water Act,
and which dilute characteristic
hazardous wastes before treatment in
surface impoundments, may continue to
do so provided the wastewater
treatment system destroys, immobilizes,
or removes the same volume of
hazardous constituents as would be
removed, immobilized, or destroyed if
the wastes were treated separately. 976
F.2d at 22-24. In other words,
notwithstanding that these wastes are
disposed in impoundments without
being fully treated, the practice is
permissible provided equivalent
treatment occurs before the waste is
ultimately discharged. Fifth, this option
of demonstrating equivalent treatment
across a treatment system is not
available for Class I nonhazardous deep
Well injection systems because such
units are permanent disposal rather than
treatment units'. 976 F.2d at 24-6.
  These portions of the opinion are
addressed in various sections of today's
rule.                   .,....• :,
   The Agency is also addressing the
 issue of equivalent treatment by Clean
 Water Act treatment systems managing
 de-characterized wastes in
 impoundments by promulgating
 treatment standards and related
 requirements that would be used to
 measure this so-called end-of-pipe
 equivalence. Finally, EPA is
 implementing the court's mandate with
 respect to Class I nonhazardous
 injection wells by requiring treatment of
 underlying hazardous constituents in
 ignitable, and corrosive characteristic
 wastes being injected into such wells,
 and prohibiting dilution as a means of
 achieving those standards.
   Responses to the comments on EPA's
 reading of the court's opinion are found
 in the Response to Comment
 Background Document which is part of
 the administrative record for this rule.
 In general, however, the Agency adheres
 to the reading set out in the proposed
 rule's preamble at 60 FR 11706-11708.
   EPA is also amending the treatment
 standards for reactive wastes (other than
 reactive sulfide and cyanide reactive
 wastes) so that treatment addresses both
 the property of reactivity and the threat
 posed by disposal of underlying
 hazardous constituents in these wastes
" (with an exception for ordnance and
 other explosives which  are the subject
 of an emergency response, as explained
 in the next paragraph). The Agency is
 taking this action despite the fact that
 the court found reactive wastes did not
 contain sufficient concentrations of
 hazardous constituents to  require any
 treatment beyond that of removing the
 characteristic. The Agency believes that
 it is as likely that reactive  wastes
 contain underlying hazardous
 constituents at levels that may create a
 threat as do ignitable and corrosive
 wastes, and consequently, proposed to
 regulate reactive wastes in the Phase III
 proposal. Commenters submitted no
 data suggesting that reactive wastes do
 not contain the same types and
 concentrations of underlying hazardous
 constituents. Therefore, EPA is
 promulgating treatment standards for
 reactive wastes (other than reactive
 sulfides and cyanides) in this rule that
 require treatment of all underlying
 hazardous constituents reasonably
 expected to be present in the reactive
 wastes at the point of generation.
   EPA is, however, temporarily
 deferring application of these amended
 LDR treatment standards for reactive  -
 wastes with respect to uhexploded-
 ordnance and other explosive devices
 which are the subject of an emergency
 response. An emergency response is an
 action taken to prevent imminent risk of
 explosion. (See 40 CFR 264.1(g)(8)

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             Federal  Register / Vol. 61, No. 68 / Monday,  April 8, 1996  / Rules and Regulations      15569
 setting out circumstances where such.
 responses are exempt from RCRA
 permitting requirements.) During the
 development of the proposed Military
 Munitions Rule: Hazardous Waste
 Identification and Management;
 Explosives Emergencies; Redefinition of
 On-site proposed rule (60 FR 56468,
 November 8,1995), the Department of
 Defense, the military services, and other
 Federal agencies raised concerns that
 LDR requirements requiring treatment of
 underlying hazardous constituents
 might impede the most effective
 emergency responses involving these
 materials. If a responding team had to
 determine LDR applicability before
 deactivating an explosive subject to an
• emergency response, the response could
 be significantly delayed or complicated.
 Furthermore, concern about LDR
 applicability might discourage the team
 from responding at all. This discussion
 serves as EPA's initial response to these
 comments.
   EPA agrees that the primary goal in
 emergency responses to explosives is
 the safe and prompt elimination of
 immediate threats to human life and
 property, and the Agency would be
 concerned if LDR or other regulatory
 requirements complicated these
 responses. The issue is too important
 and potentially complicated to resolve
 in today's rule. Therefore, EPA is
 temporarily deferring final action while
 it considers this issue further.
   In deferring action for this limited
 class of reactive wastes, EPA notes that
 emergency responses present issues
 different from routine management of
 reactive wastes, where there is no
 competing consideration of need for
 immediate action to prevent an
 imminent threat. In non-emergency
 response management situations, as
 discussed earlier, the Agency believes
 these wastes can be fully treated to
 minimize both short and long-term
 threats posed by land.disposal of
 wastes.1 EPA also is amending the
 treatment standards for wastes
 exhibiting the toxicity characteristic to
 include standards for underlying
 hazardous constituents.
   Toxic wastes can also contain
 underlying hazardous constituents in
 the same potentially harmful
 concentrations as ICR wastes. 60 FR at
 11706. Today's final rule consequently
 conforms standards for toxic
 characteristic hazardous wastes to
 assure treatment of underlying
 hazardous constituents as well,
when
  > EPA also notes that it is not reopening the issue
 of open burning/open detonation of reactive wastes.
 In 1986, EPA determined that such activities are not
 a form of land disposal. See 51 FR at 40580 (Nov.
 7,1988).                          '.'.'..,
such constituents are present at levels
exceeding the minimize threat level (as
established either by the current
technology-based standards or, if risk-
based levels are established, exceeding
a risk-based level.) Thus, the
prohibitions and standards in today's
rule will apply to ignitable, corrosive,
reactive and toxic characteristic wastes,
as just discussed.

II. Miscellaneous Issues for Which EPA
Is Not Finalizing an Approach in This
Final Rule

A. Treatment Standards for
Organobromine Wastes
  Organobromine wastes are not yet
listed as hazardous. EPA anticipates
making a final listing determination in
a future rulemaking.
  Although EPA proposed treatment
standards for Organobromine wastes, it
clearly would be putting the cart before
the horse to promulgate treatment
standards in advance of a determination
of whether the wastes are hazardous.
The Agency intends to establish
treatment standards for Organobromine
wastes should these wastes are listed in
the future.

B. Potential Prohibition of Nonamenable
Wastes From Land-Based Biological
Treatment Systems
  The proposed rule contained an
extensive discussion of whether certain
wastes should be prohibited from
placement in biological treatment
surface impoundments because they are
not amenable to biological treatment. To
allow more time to gather comments,
the Agency has  decided to address this
issue in the LDR Phase IV rule, which
was proposed on August 22,1995 (60
FR 43654) and is scheduled to be
finalized in June of 1996.

C. Certain Sections of Completing
Universal Treatment Standards
  The LDR Phase III proposed rule
included a section on the completion of
universal treatment standards (60 FR at
11727, March 2,1995). Possible
nonwastewater universal treatment
standards (UTS) for eleven constituents
were discussed  in the proposal, and
comments and data were solicited. In
general, commenters felt more data
should be gathered before EPA proposes
nonwastewater standards for these
constituents, and EPA agrees. EPA had
also solicited comment and data on
extending certain universal treatment
standards to fill gaps in the § 268.40
table of universal treatment standards
where "NA" appeared for either the
wastewater or nonwastew.ater form of a
regulate.d hazardous constituent.
Commenters were opposed to this,
stating that it would be arbitrary to add
a standard to a waste code where before
there was none without supporting data.
The Agency again agrees. Therefore,
EPA is not taking final action at this
time.
D. Prohibition of Hazardous Waste as
Fill Material
  EPA proposed to prohibit use of
hazardous waste as fill material. 60 FR
at 11732. Because issues raised in the
proposal are related to those in a
number of other pending rulemakings,
including the Hazardous Waste
Identification Rule, and the proposed
rule relating to land-based uses of
hazardous waste K061 (59 FR 67256
(Dec. 29,1994)), EPA is not taking final
action on the proposal at this time.

E. Point of Generation
  The Agency discussed possible
changes that could be made to the
"point of generation"—or point at
which LDR requirements attach to a
hazardous waste (see 60 FR 11717,
March 2,1995). The Agency is still
considering the options discussed in the
proposal and potentially other options
not discussed. The Agency will reopen
the point of generation issue for further
comment, and is intending to finalize an
option in a future rulemaking.
F. Prohibition on Using Iron Filings to
Stabilize Spent Foundry Sand
  The Agency proposed designating the
practice of adding iron dust/filings to
spent foundry sand as impermissible
dilution (60 FR 11731, March 2, 1995).
The Agency is gathering data on the
stability of the  chemical bond formed
between the  iron and lead in the spent
foundry sand. After the Agency analyzes
these  data, as well as further studies the
public comments on this issue, it may
take final action on the proposal.
III. End-of-Pipe Equivalence: Treatment
Standards for Clean Water Act (CWA)
and CWA-Equivalent Wastewater
Treatment Systems

A. Types of Facilities to Which
Treatment Standards Apply
  As explained above, the D.C. Circuit
established a standard of so-called end-
of-pipe equivalence, allowing CWA
treatment systems with surface
impoundments to dilute characteristic
wastes before land disposal in those
impoundments without violating LDR
requirements, provided the treatment
system destroys, immobilizes, or
removes an equivalent amount of
hazardous constituent as if the
characteristic waste were treated
separately to meet RCRA standards. EPA

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1557O     Federal Register / Vol. 61, No.  68 / Monday, April 8, 1996 / Rules and Regulations
is establishing in this rule the treatment
standards that must be satisfied in order
to demonstrate that equivalent treatment
is occurring.
  These treatment standards apply to
the following types of facilities: (1)
facilities treating formerly characteristic
wastes in surface impoundments whose
ultimate discharge  is subject to
regulation under either section 402 or
307 of the CWA. The rule thus
encompasses both direct dischargers
(facilities discharging to navigable
waters) and indirect dischargers (those
discharging to POTWs); and, (2)
permitted and unpermitted zero
dischargers engaging in treatment that is
equivalent to that of the CWA-regulated
facilities (see 40 CFR 268.3 7(a) denning
CWA-equivalent treatment), including
facilities treating formerly characteristic
wastes in tanks prior to release on the
land for such purposes as irrigation or
land treatment.
  EPA also wishes to make clear the
types of wa'stewater management
situations to which these standards do
not apply. First, the standards do not
apply to facilities that discharge to
navigable waters or POTWs and that
manage decharacterized wastes in
treatment systems without surface
impoundments. Consequently, if a
facility generates a characteristic waste,
dilutes it so that it no longer exhibits a
characteristic, and then treats the waste
in tanks before  ultimate discharge to a
navigable water or a POTW, this rule
does not apply. There is no land
disposal of a prohibited waste occurring
and consequently no RCRA requirement
that the characteristic waste be
pretreated. Applicable CWA limitations
and standards would, of course,
continue to apply (as would a one-time
recordkeeping requirement under RCRA
(see §268,9).
   Second, the standards do not apply in
situations where RCRA hazardous waste
(subtitle C) impoundments are used.
The statute already sets out the
requirements for subtitle C
impoundments receiving wastes which
may not yet have met a treatment
standard. RCRA section 3005(j)(ll).
These requirements are not altered by
the Third Third opinion. 976 F. 2d at 24
n.  10.
   Finally, in response to comment, EPA
has determined that the end-of-pipe
treatment standards should not apply to
 stormwater impoundments. Stormwater
impoundments are used by treatment
facilities to catch stormwater during
rain events, because their biological
treatment systems cannot adequately
handle such sudden, large volumes of
 water. At some treatment facilities,
however, because  they have a combined
wastewater system, stormwater
impoundments also receive process
water containing decharacterized    •;
wastes.
  The Agency agrees with commenters
who stated that stormwater /•  ... ....'.:
impoundments are necessary to
maintain the efficacy of biological
treatment units. In addition, such
impoundments are empty most of the
time because they are designed for
emergency rain events. In the Third
Third opinion, the court focused on
wastewater treatment surface
impoundments. It seems likely that •
stormwater impoundments were outside
the court's consideration. Furthermore,
imposing treatment standards on such
impoundments could require treatment
of the stormwater/decharacterized waste
before it could permissibly go into the
impoundment, not a practical
alternative during a major storm event.
Alternatively, imposingLDR u-eaiment
standards might require the .facility to
replace its combined wastewater
system, which would be a major
disruption to most of these facilities and
hardly seems justified when stormwater
impoundments are used only on an
emergency basis. These are the very
types of disruptions that the integration
clause in RCRA 1006(b) is intended to
prevent. Consequently, EPA is   •'..•-.
indicating that today's rule does not
apply to stormwater impoundments.
B. End-of-Pipe Treatment Standards
  The treatment standards that EPA is
promulgating for characteristic
wastewaters are found in the table of
LDR treatment standards at 40 CFR
268.40 and 268.48. As explained more
fully in the following section, these
treatment standards generally adopt the
limitations or standards that apply to
the facility's discharge as the RCRA  ".
treatment standards. The reason EPA is
taking this approach is that the CWA.
industry category or case-by-case
industrial POTW limitations and
standards represent 'specific
determinations of what Best Available
Treatment (BAT) technology is capable
of achieving for that plant's wastewater,
or, in the case of Water Quality Criteria-
based limitations, what an appropriate
limit is based on BAT treatment plus
risk-based considerations. In the event a
hazardous* constituent present in the
wastewater at point of generation of the
original characteristic hazardous waste
is not already regulated pursuant to a
CWA limitation or standard, the RCRA
Universal Treatment Standard for that
constituent would apply.
   These treatment standards may be met
at the CWA point of compliance,
typically the point the wastewater is
discharged to a navigable water or a
POTW. For CWA-equivalent facilities,
the treatment standards must be met at
the point where the wastewater is
sprayed onto the land in irrigation (or
similar) activities, or injected into a
non-Glass.I injection well. This accords
with the equivalence standard
established by the court: "hazardous
constituents are [to be] removed from
the waste before it enters the
environment." 976 F. 2d at 24; see also
id. at 23 and n. 8. Most commenters
likewise agreed with an end-of-pipe
measuring point. Indeed, requiring full
treatment before ultimate discharge
could destroy the very accommodation
with the CWA regime that the court
thought critical. See 60 FR at 13677
(Aug. 22,1995).
  However, EPA also agrees with
commenters that there is no reason to
impede individual facilities from
choosing an alternative point of
compliance (i.e. other than end-of-pipe)
provided the facility can demonstrate
that the prohibited waste (the
decharacterized portion of the combined
effluent) has been treated by means
other than dilution to remove an
equivalent mass of hazardous
constituents. This is specifically
consistent with the principle announced
in the Administration's report on
"Reinventing Environmental
Regulation" to "providfe] maximum
flexibility in the means of achieving our
environmental goals, but requiring
accountability for the results".
Consequently, the Agency is allowing a
facility to designate any compliance
point downstream of treatment that
destroys, immobilizes, or removes
hazardous constituents as the point for
demonstrating that equivalent treatment
occurs. This point can, but need not be,
the NPDES or pretreatment point of
compliance. Examples of alternative
points of compliance that would be
permissible (assuming the treatment
standard is being satisfied) would be
prior to initial placement in an
impoundment, or after treatment in an
impoundment but before final
discharge.
   The Agency also agrees with
commenters that there can be alternative
points of compliance for different
underlying hazardous constituents.
Again, the reason is to allow flexibility
of compliance alternatives when a
facility can demonstrate that it is
destroying, immobilizing, or removing
an equivalent mass  of hazardous
constituents through wastewater
treatment as would be achieved by
segregating the characteristic
wastestream for separate RCRA
treatment. Thus, if a facility generated a

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             Federal Register / Vol. 61, No.  68 / Monday, April 8, 1996 / Rules and Regulations      15571
 characteristic waste containing metal
 and organic underlying hazardous
 constituents and the waste was treated
 sequentially by means not involving
 impermissible dilution, there could be
 different compliance points for the
 metal and organic hazardous
 constituents.
   EPA notes, however, that if alternative
 points of compliance are utilized,
 enforcement would normally be
 pursuant to RCRA, not the Clean Water
 Act. This is by necessity, since CWA
 permits (or, for indirect dischargers,
 control mechanisms) would not
 normally apply to effluent quality before
 final discharge. See further discussion
 on means of implementing today's
 standards below in this preamble.
 C. Why CWA Limitations and Standards
 Can Also Be RCRA Treatment
 Standards
   As explained above, when a
 hazardous constituent is already  subject
 to a OVA industry category or Water
 Quality Criteria-based limitation, or a
 case-by-case industrial POTW limitation
 or standard, the Agency believes  (and
 the final rule provides) that the CWA
 limitations and standards satisfy  RCRA
 section 3004(m) requirements and
 consequently become the RCRA
 treatment standard for purposes of
 demonstrating equivalent treatment.
 EPA believes that this is an obvious and
 effective means of integrating CWA and
 RCRA requirements,  in accord with the
 court's objective. 976 F. 2d at 22;  RCRA
 section 1006(b). This approach was
 generally supported by commenters as a
 reasonable means of satisfying the
 court's mandate and the underlying
 policy of integration of the two statutes.
   Several commenters, however,  argued
 that CWA limitations and standards
 could not be equivalent to RCRA
 because such standards can reflect
 (among other things)  "the cost of
 achieving such effluent reduction", and
 "the age of equipment and facilities
 involved". CWA section 304(b)(2)(B)
 (factors to be considered in determining
 Best Available Technology). EPA
 disagrees. While it is  true that
 technology-based standards developed
 to address toxic pollutants from various
 industrial categories are developed after
 consideration of levels that can be
 achieved through application of the best
 available technology economically
 achievable, the CWA  limitations and
 standards nevertheless represent the
 best evaluation of what technically
 advanced wastewater treatment is
 capable of achieving for a particular
industry's (or, in some cases, particular
plant's) wastewater. Although there is
no requirement that a particular
 treatment technology must be used to
 achieve the facility's limits, it is
 expected that plants utilizing BAT will
 have treated their effluent so that there
 are substantial reductions in
 concentration and mass of hazardous
 constituents. As the Agency has stated
 many times, EPA believes that section
 3004(m) is satisfied by treatment that
 substantially destroys, immobilizes, and
 removes the hazardous constituents that
 are present in the waste,
 notwithstanding that minor amounts of
 hazardous constituents remain after
 treatment. Put another way, the statute
 does not require that every conceivable
 threat posed by land disposal be
 eliminated by treatment. 55 FR at 6641
 and n. 1  (Feb. 26,1990); 56 FR at 12355
 (March 25,1991); 57 FR 37259 (August
 18,1992); 55 FR at 22596 (June 1,1990).
 In fact, the legislative history states
 explicitly that the treatment standards
 are not to be technology forcing, but
 rather are to utilize the available
 effective treatment technologies. 130
 Cong. Rec. S. 1978 (daily ed. July 25,
 1984) (statement of Sen. Chaffee); 56 FR
 at 12355. That is precisely what EPA
 has done here.
  Second, with specific regard to use of
 CWA limitations, EPA notes that
 virtually all of the current LDR
 treatment standards for wastewaters are
 already drawn from CWA limitations
 and standards. See 55 FR at 22601
 (wastewater standards for U and P
 wastes and F039, which essentially
 became the universal treatment
 standards, were transferred from
 treatment data from CWA programs),
 and see also the Final BDAT
 Background Document for U and P
 Wastes and Multi-Source Leachate
 (F039) Volume C (documenting that
 most of existing RCRA wastewater
 standards were transferred from CWA
 limitations and standards). Moreover,
 the technologies that are often used to
 achieve CWA limitations and standards
 are, in most cases, the same
 technologies upon which the RCRA
 Universal Treatment Standards are
based. As EPA has already stated,
 "because most treatment technologies
cannot be so precisely calibrated as to
achieve, for example, 3.5 ppm rather
than 2.7 ppm, the likely result is that
the same amount of treatment will
occur." 59 FR at 47989 (Sept. 19,1994).
Since frequently the same technologies
are used to treat wastewaters, EPA
expects the degree of treatment to be
comparable.
  EPA  also emphasizes that RCRA
section 1006(b) requires EPA (among
other things) to integrate provisions of
RCRA and the CWA when
implementing RCRA, and to avoid
 duplication to the maximum extent
 possible with CWA requirements. The
 Agency feels it is accomplishing this
 requirement by allowing a constituent-
 specific, CWA treatment standard to
 satisfy RCRA 3004(m). The Agency
 reiterates that a technology-based CWA
 limitation or standard for a hazardous
 constituent satisfies RCRA because such
 a limitation or standard  directly reflects
 the capability of BAT technologies to
 treat a specific industry's or facility's
 wastewater, whereas the RCRA UTS for
 wastewaters were developed by
 transferring performance data from
 various industries, and thus EPA need
 not make that same transfer when
 industry-specific (or plant-specific)
 wastewater treatment data is available.
  A water-quality based limitation
 would also satisfy RCRA section
 3004(m). A CWA water quality-based
 limitation must be at least as stringent
 as the limitations required to implement
 an existing technology-based standard.
 (See CWA section 301(b)(l)(c).) Even
 where there is no existing BAT
 limitation for a toxic or
 nonconventional pollutant, a permit
 writer must determine whether BAT
 would be more stringent than the
 applicable water quality-based
 limitation, and again, must apply the
 more stringent of the two potential
 limitations. (40 CFR 125.3(c)(2).)
  If a facility has received a
 Fundamentally Different Factors (PDF)
 variance, the limitations  established by
 that variance also satisfy RCRA
 requirements. Limitations established
 by the FDF variance process are
 technology-based standards reflecting
 facility-specific circumstances, and
 hence can appropriately  be viewed as
 BDAT as well, just as with RCRA
 treatability variance standards. See 51
 FR at 40605 (Nov. 7, 1986).
  EPA also believes that  there are
 adequate constraints in the CWA
 implementing rules to prevent these
 end-of-pipe standards from being
 achieved by means of simple dilution.
 First, many of the effluent limitation
 guidelines and standards regulate the
 mass of pollutants discharged, and thus
 directly regulate not only the
 concentration of pollutant discharged
but the degree of wastewater flow as
well. Even where rules are
concentration-based, NPDES permit
writers can set requirements which
preclude excessive water use, and EPA
has so instructed permit  writers. (See 58
FR 66151, December 17,1993,
encouraging permit writers to estimate
reasonable rate of flow per facility and
factor that flow limit into the permit.)
These permit conditions  can take the
form of best management practices,

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1.5572     Federal Register  /  Vol. 61, No.  68 /Monday, April 8, 1996 / Rules  and Regulations
explicit mass limitations, and     ......
conditions on internal waste streams. 40
CFR 122.44(k); 122.45 (f), (g) and (h).
  Indirect dischargers are also subject to
specific CWA dilution rules in both the
general pretreatment rules and the
Combined Wastestream Formula (as
well as through many of the categorical
standards). 40 CFR 403.6 (d) and (e).
Many of the guidelines and standards
also preclude addition of stormwater
runoff to process wastewater to preclude
achieving treatment requirements by
means of dilution. The Agency is
accordingly of the view that end-of-pipe
equivalence would be achieved by
treatment that removes, immobilizes, or
destroys hazardous constituents, and
therefore we have determined the
treatment satisfies the requirements of
RCRA section 3004(m).
  EPA emphasizes, however, that it is
not addressing the issue of whether
cross-media transfers of hazardous
constituents become so extensive as to
invalidate the wastewater treatment
function of a land-based unit. This is the
subject of the pending Phase IV
proposed rule (60 FR at 43654 (August
22,1995)), and will be addressed as part
of that proceeding.

D. When CWA Limitations and
Standards Become the RCRA Standards
  Today's rule establishes the following
principles:
1. Direct Dischargers
  A CWA limitation becomes the RCRA
treatment standard as well in the
following situations: (a) where there is
a categorical BAT or NSPS limitation for
the underlying hazardous constituent;
(b) where there is a facility-specific
limitation for the underlying hazardous
constituent pursuant to 40 CFR 125.3
(c)(2) and (d)(3); (c) where there is a
Water Quality-based limitation'
established'pursuant to 40 CFR
122.44(d); or (d) where the facility has
received a Fundamentally Different
Factors variance establishing an
alternative limitation pursuant to 40
CFR Part 125 subpart D.
2. Indirect Dischargers
   A Clean Water Act pretreatment
standard becomes the RCRA treatment
standard as well in the following
circumstances: (a) where there is a
categorical PSES or PSNS for a
particular hazardous constituent; and,
(b) where POTWs have developed local
limits, in addition to categorical
standards, to prevent pass through and
interference and apply them to indirect
dischargers.
   EPA proposed that if pretreatment
standards reflected a finding that a
particular hazardous constituent will
not pass through to navigable waters
because of efficacious,treatment by the
POTW, that standard would also satisfy
RCRA. The reason is that there will be
full-scale treatment of the hazardous,
constituent before its final release into
the environment. Such full-scale
treatment satisfies the court's
equivalency test. 60 FR at 11711. EPA
is adopting this provision in today's rule
for these reasons.
  The Agency also proposed that
pretreatment standards based on
interference with POTW operations
would not be considered to satisfy
RCRA. Id. EPA is adopting this position
in the final rule. The reason is that
interference findings reflect the effect
the pollutant may have on overall
POTW treatment, not necessarily
treatment of the particular constituent.
Because the relationship of an
interference-based standard with
treatment of a particular hazardous
constituent is tenuous, EPA does not
believe that such a standard can be said
to be equivalent to RCRA treatment.
Several commenters disagreed with this
reasoning, but provided no empirical
information calling the Agency's
conclusion into question. EPA is
consequently adopting this provision as
proposed.
3. Zero Dischargers Performing CWA-
Equivalent Treatment
  In the May 24,1993 emergency.rule,
EPA established the principle that zero
discharge facilities performing CWA-
equivalent treatment on decharacterized
wastewaters would be subject to the
rules for direct dischargers, and thus  :
would retain the ability to use surface
impoundments as part of the treatment
process for decharacterized wastes
provided equivalent treatment occurs.
58 FR at 29863-29864. The reason is
that these facilities can be performing
wastewater treatment identical to, or
more stringent than, that required of
direct dischargers, and thus the same
policy of integrating RCRA and the
CWA should apply to such facilities. Id.
   EPA is consequently also applying
today's rules on equivalency to zero
dischargers performing CWA-equivalent
treatment, including tank-based systems
that ultimately land dispose rather than
discharge treated effluent. "CWA-
equivalent treatment" is defined in
268.37(a) to mean "biological treatment
for organics, alkaline chlorination or
ferrous sulfate precipitation/
sedimentation for metals, reduction of
hexavalent chromium, or other
treatment technology that can be
demonstrated to perform equally or
greater.than these technologies".
E. Implementation                  :

1. Where Permits Contain Standards for
Hazardous Constituents

  If a direct discharger subject to the
rule (i.e. generating a characteristic
waste containing Underlying hazardous
constituents at concentrations exceeding
the treatment standard, at the point the
waste is generated, and is treating those
decharacterized wastes in surface
impoundments) has an NPDES, permit _.
containing a limitation for that
hazardous constituent based on BAT,
NSPS, BPJ, or a water quality standard,
then there are no independent RCRA -,
requirements beyond documenting in
the facility's records that this is the .
facility's mode of compliance.
  EPA notes further that if the Agency
(or authorized State), as part of the CWA
decisionmakirig process for setting the
limitations, affirmatively decided that
such hazardous constituents need not be
.regulated due to low toxicity, low
bioavailability or other environmental
factors and that fact is reflected in the
rulemaking record, permit or permit
record, rio additional RCRA standards -
would apply. If the rulemaking or
permit and permit record do not contain
such a finding,  the permitting authority
should reexamine the NPDES permit
upon reissuance in order to clarify
•whether such hazardous constituents
need not be regulated. During the time
between the date this rule becomes  "
effective and the date the permit is
reissued, however, the RCRA Universal
Treatment Standards for those ,
constituents must be met.
  In addition, if EPA (or an authorized
State) affirmatively decided either-in the
rulemaking or in the permitting process
that a particular hazardous constituent
is controlled through controls on an   .
indicator pollutant, then again, no
additional RCRA standards would
apply. For this  purpose, however, the
Agency would  only accept as a valid
indicator situations where a toxic
pollutant parameter is used as an
indicator for another toxic pollutant.   •,
The Agency does not believe that use of
conventional pollutants (such as BOD or
COD) as indicators for toxic constituents
guarantees the type of equivalent
treatment of hazardous constituents,   •
which EPA feels is necessary to . .
implement the  equivalence requirement.
976 F. 2d at 23  n. 8.2
  2 In making this statement, EPA is of course not
 calling into question the use of conventional
 pollutants as valid indicators to satisfy Clean Water
 Act requirements. The language in the text is
 directed solely at implementing the court's mandate
 for purposes of RCRA.        *    '

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             Federal Register /  Vol.  61, No.  68 / Monday, April 8, 1996 / Rules and Regulations      15573
 2. Where Permits Do Not Contain a
 Limitation for a Hazardous Constituent
   If the CWA permit either does not
 contain a limitation for the pollutant or
 does not regulate the pollutant through
 an indicator, or in cases when this rule
 becomes effective before the reissuance
 of a facility's permit, the RCRA
 universal treatment standards would
 apply as they do for any other RCRA
 hazardous wastestream. In this
 situation, the owner or operator of a
 facility has several choices. The owner/
 operator could do nothing, in which
 case the hazardous constituent would be
 subject to the UTS. These standards
 would be implemented by rule, and
 thus would not be embodied in a CWA
 permit. Enforcement consequently
 would be solely under RCRA. As noted
 earlier, the point of compliance could,
 but need not be, at the end-of-pipe point
 of discharge.
   In the alternative, a facility could seek
 amendment of its NPDES permit
 pursuant to § 122.62(a)(3), requesting
 that the applicable permitting authority
 modify the permit at reissuance, or
 sooner, to add limits for the underlying
 hazardous constituents reflecting BAT
 for that pollutant at the facility.3
 Assuming proper design and operation
 of the wastewater treatment technology,
 a permit writer in such a case could
 modify the permit to add a limitation for
 the pollutant based on Best Professional
 Judgement reflecting actual BAT
 treatment (40 CFR 125.3(c)).
 Modification requests would be
 processed pursuant to the procedures
 found at § 124.5. The modified permit
 limitation would be a CWA requirement
 and enforceable solely under that
 statute, but would be deemed by the
 Agency to satisfy RCRA 3004(m), so that
 meeting UTS per se would not be
 required.
  A final alternative is for the facility to
 seek a RCRA treatability variance. EPA
 is amending the grounds for granting
 such a variance to include situations
 where a facility is treating
 decharacterized wastes by treatment
 identified as BAT or NSPS (New Source
 Performance Standards), the technology
 is designed and operated properly, but
 is not achieving the UTS (see
 § 268.44(a)).
 3. Indirect Dischargers
  The same alternatives exist for
 indirect dischargers. If an underlying
hazardous constituent is regulated by a
 categorical PSES, PSNS, or by a local
  3 EPA is interpreting the language in
§ 122.62(a)(2) to indicate that the D.C. Circuit's
opinion in the Third Third case is new information
warranting reopening a permit.
 limit in a control mechanism reflecting
 PSES or PSNS—level treatment, then
 that standard satisfies both RCRA and
 the CWA. In addition, if there is no
 pretreatment standard (i.e., PSES/PSNS)
 for an underlying hazardous
 constituent, because the Agency
 determined that there was no pass
 through, then section 3004(m) is
 satisfied and the RCRA standard for that
 underlying hazardous constituents does
 not apply.
  If an underlying hazardous
 constituent is not regulated nationally
 by a PSES or PSNS, or by a local limit,
 it becomes subject to the UTS for that
 constituent. That UTS would be
 enforced as a RCRA standard. However,
 in cases where an underlying hazardous
 constituent is not already subject to
 categorical PSES, categorical PSNS, or
 to a local limit in a control mechanism
 reflecting PSES or PSNS-level treatment,
 water quality, or pass through, the
 control mechanism between the indirect
 discharger and the applicable control
 authority would have to be modified in
 order to avoid application of the UTS by
 rule. EPA is amending §403.5(c)(l) and
 §403.5(c)(2) of the pretreatment rules to
 specifically authorize control authorities
 to make such determinations.
  The final option is for a facility to
 obtain a RCRA treatability variance.
 Thus, the amendment to the treatability
 variance rules also applies to indirect
 dischargers properly operating
 technology identified as the basis for
 their PSES or their PSNS standard.
 4. Zero Dischargers Performing CWA-
 Equivalent Treatment
  The implementation options for zero
 dischargers performing CWA-equivalent
 treatment are similar. Some of these
 facilities may have CWA permits
 authorizing specified levels of
 discharge. If these permit limitations
 apply to underlying hazardous
 constituents present in the RCRA-
 prohibited portion of the discharge, the
 CWA permit limit satisfies RCRA as
 well. The facility also could seek to
 amend the CWA permit to add
 limitations for the hazardous
 constituent. Enforcement then would be
 exclusively pursuant to the CWA.
  If the zero discharger has no CWA
permit, or the permit does not contain
limitations for underlying hazardous
 constituents and is not amended to do
so, then the facility would have to meet
the RCRA UTS or an alternative
standard established by treatability
variance either at the point of
discharge 4 or at an earlier point of its
 choosing (assuming, of course, that a
 valid demonstration of bona fide
 treatment can be made at an earlier
 point).

 5. Implementation When CWA
 Standards and Limitations Will Not Be
 the Exclusive Standard
   If the facility treats to UTS and does
 not modify its CWA permit or control
 mechanism to include a CWA standard/
 limitation for an underlying hazardous
 constituent, EPA is finalizing minimal
 recordkeeping requirements, under
 RCRA authority. Generators can use
 their knowledge to identify the
 underlying hazardous constituents
 reasonably expected to be present at the
 point of generation of the ICRT wastes
 which are not covered-by a CWA
 limitation or standard and hence must
 be treated to meet UTS (assuming no
 permit modification). EPA is requiring
 that this information be kept on-site in
 files at the facility. The facility will then
 monitor compliance with the UTS
 standard for each of these constituents
 at the point of ultimate discharge or
 alternative compliance point, on a
 quarterly basis, and results of this
 monitoring must be kept in the facility's
 on-site files. An exceedence of the
 RCRA UTS standard must be
 documented in the facility's on  site
 records.
   These same requirements apply to
 facilities without NPDES permits
 documenting compliance as zero
 dischargers with CWA-equivalent
 treatment who are affected by this rule.
 The absence of a permit necessitates
 some alternative means of documenting
 compliance, and the scheme outlined
 above seems to be the least burdensome
 scheme which would still provide a
 reasonable means of enforcing this rule.
 6. RCRA Controls Over Point Source
 Discharges and Domestic Sewage
   Both RCRA and the implementing
 regulations provide that point source
 discharges and domestic sewage
 (including mixtures of domestic sewage
 with other wastes) are not subject to
  4 The point of compliance for a zero discharger
choosing the point of discharge as a compliance
point would be at the point of ultimate disposal.
For those zero dischargers who discharge to a dry
river bed [common in the western U.S.) not
considered a "water of the U.S." under the CWA,
the point of compliance would be at the end-of-
pipe. For those zero dischargers who spray irrigate,
or otherwise place the wastewaters on the land after
treatment in the surface impoundment, the point of
compliance would be at the point just prior to the
land placement. Furthermore, zero dischargers
treating wastewaters in a tank system followed by
spray irrigation or another form of land placement
are also subject to this rule. For those zero
dischargers who use evaporation ponds, the point
of compliance is before the wastewater enters the
surface impoundment, as this is the ultimate
disposal point.

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15574     Federal Register  / Vol.  61,  No. 68  /  Monday, April  8, 1996  /  Rules and Regulations
RCRA subtitle C jurisdiction. RCRA
section 1004(27) and §261.4(a) (1) and
(2). Some commenters questioned
whether by allowing CWA limitations
and standards to satisfy the RCRA
treatment standard requirement, EPA
were somehow imposing RCRA controls
where it lacks authority to do so.
  This is not the case. EPA is creating
here a mechanism for evaluating
whether RCRA-equivalent treatment has
occurred for purposes of determining
whether surface impoundments (i.e.
RCRA land disposal units) can
permissibly be used as part of that
treatment process. 976 F. 2d at 22-24.
The effect, for RCRA purposes, of failing
to satisfy the limitations or standards is
that the facility has engaged in illegal
land disposal by virtue of not
performing equivalent treatment. Id.
Thus, the effect of the rule is on activity
upstream of the discharge point, and
these activities are within RCRA's
jurisdictional purview.
7. Applicability to the Pulp and Paper
Industry
   The concerns about integration of
CWA and RCRA standards are
particularly acute with respect to the
pulp and paper industry. EPA is at a
critical stage in developing
comprehensive multi-media rules for
this industry (to control both hazardous
air emissions and wastewater
discharges). These rules were proposed
at 58 FR 66078 (Dec. 17, 1993) and are
slated for promulgation by mid-1996.
The rules should fundamentally affect
 (for the better) the types of wastewaters
managed at pulp  and paper facilities
and the potential releases of hazardous
 constituents from such wastes. The^
Agency believes that it would be putting
the cart before the horse, and would fail
to properly integrating RCRA with the
 CWA (and potentially CAA in this case)
by proceeding with implementation of
 the court's decision for this industry in
 advance of completion of this
 rulemaking. Cf. Edison Electric Inst. v.
 EPA, 2 F. 3d 438, 453 (B.C. Cir. 1993)
 noting when temporary deferrals of
 action to allow better integration of
 overlapping statutes is permissible. The
 Agency will revisit the question of how
 to implement the court's decision for
 the pulp and paper industry upon
 completion of the existing multi-media
 rulemaking.
 IV. Treatment Standards for Class I
 Nonhazardous Injection Wells and
 Response to Comments

 A. Introduction
   Generally, Class  I nonhazardous
 injection well owners/operators
injecting decharacterized ICRT wastes
do not substantially treat their waste
beyond removing the characteristic by
aggregating and diluting wastestreams,
plus filtering of solids in order to
facilitate injection. There are as many as
100 such nonhazardous facilities in    •
addition to the approximately 54
hazardous facilities injecting ICRT
wastes. As discussed in the Phase III
proposed rule, EPA estimates that the
average flow of a "typical" Class I
nonhazardous well is 107,000 gallons/
day. Typically, the volume of hazardous
wastes comprises 25% or less of the
aggregated injected wastestream.
  In the Third rule, EPA proposed that
characteristic wastes were not
prohibited from injection into these
deep wells provided they no longer
exhibited a characteristic at the point
they are injected.e. land disposed. 60 JR
at 11704-11705. The B.C. Circuit
rejected this portion of the rule, holding,
in EPA's reading of the opinion, that the
statutory requirements could not be
satisfied absent treatment that addressed
both short term and long term threats
posed by land disposal of the waste, and
hence that hazardous constituents in the
waste had to be destroyed, removed or
immobilized before injection, not
merely diluted. 60 JR at 11706-11708.
EPA is implementing that mandate in
this rule. (However, EPA reiterates, as  it
did at proposal, that EPA is taking this ..
action to implement the court's
mandate, not because it is an
environmental priority, or prudent use
of the Agency's or the regulated
community's resources. The
Administration is  in fact pursuing a
legislative change  which would restore
EPA's original policy determination
reflected in the 1990 Third rule.)
   The effect of today's final rule is to
prohibit the land disposal of
characteristic waste streams at the point
they are generated. If those wastes
 contain underlying hazardous
 constituents at levels exceeding the
 Universal Treatment Standards and (as
• explained further below) at levels and
 volumes greater than designated de
 minims amounts, those constituents
 would have to be destroyed, removed,
 or immobilized before the waste is
 injected. This could be accomplished
 either by segregating the characteristic
 portion of the injectate for treatment, or
 by treating the commingled injectate
 before disposal (i.e. before injection).
 The rule further provides that if a
 facility removes an equivalent mass of
 the hazardous constituent through
 source reduction,  or waste treatment,
 that the treatment standard is satisfied.
 The final, alternative means of  ,.
compliance is for the unit to have
received a no-migration determination.
  A number of commenters believed
that aggregation or dilution of wastes to
remove the hazardous characteristic of
the waste stream prior to injection was
sufficient and that the requirement to
treat underlying constituents was legally
unnecessary and onerous. EPA's reading
of the Third Third opinion and section
3004(m) is that treatment that destroys,
immobilizes, or removes hazardous
constituents is required, and that this
requirement is not satisfied merely by
dilution. The statutory findings of the
inherent uncertainty of land disposal of
hazardous wastes, the propensity to
bioaccumulate these same constituents,
the statutory goals of waste
minimization and proper waste
management, plus the legislative history
documenting Congressional intent not
to permit treatment by dilution supports
the Agency in rejecting these comments.
60 FR at 11706-708. Therefore, the
Agency has  decided not to allow Class
I nonhazardous wells to dilute or
aggregate their waste streams in order'to
fulfill, substitute, or avoid treatment
levels or methods established in the
LDRs. See the dilution prohibition
added in § 148.3 of today's final rule.
  Furthermore, the Agency, as
proposed, is expanding the applicability
of 40 CFR Part 148 to now require
owners/operators of Class I
nonhazardous wells to determine
whether LBRs apply to their facilities.
  Commenters likewise sharply
questioned the Agency's determinations
as to when land disposal prohibitions
should attach, and state, correctly in the
Agency's view, that the opinion did not
compel a determination that
prohibitions must attach at the initial
point of waste generation or when
underlying hazardous constituents are
present at that point in concentrations
exceeding the UTS. EPA is in fact
pursuing alternatives on both of these
fronts. The Agency proposed
alternatives to the strictest point of
generation approach, 60 FR at  11715-
 716, and expects to take final action on
this proposal well before the effective
date of tibie Phase III prohibitions for
Class I non-hazardous UIC wells. The
 source reduction compliance option in
this rule is a related means of dealing
with this issue, since it can be
 conceptualized as allowing the requisite
hazardous constituent reductions to be
 achieved by means other than
 downstream treatment notwithstanding
 presence of hazardous constituents
 above UTS  at what is technically point
 of waste generation.
  .: With regard to whether presence of
 hazardous constituents above UTS

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             Federal Register / Vol.  61,  No. 68  /  Monday, April  8,  1996 / Rules and Regulations      15575
 would be the trigger level for the LDR
 prohibition, EPA has recently proposed
 risk-based hazardous constituent
 concentration levels which would
 implement the "minimize threat"
 requirement in section 3004(m), and
 would cap the technology-based
 treatment standards whenever the
 technology-based standards are lower
 (60 FR 66344, December 21,1995). The
 de minimis feature of today's rule
 further addresses situations where EPA
 believes that prohibitions need not
 apply due to the low concentrations and
 volumes of hazardous constituents in
 the decharacterized portion of the
 injectate.
 B. Compliance Options for Class I
 Nonhazardous Wells
   In the proposed rule, the Agency
 indicated that facilities could segregate
 their hazardous wastes, and treat just
 that volume of the total waste stream to
 UTS levels in order to conform to the
 treatment requirement. A number of
 commenters maintained that the Agency
 oversimplified this approach and that
 such segregation was impractical from
 both a technical and economic
 standpoint. EPA acknowledges that
 many facilities may not practically be
 able to segregate streams. These
 facilities may utilize of other LDR
 compliance options as discussed below.
   One option would be to apply for an
 exemption from treatment standards via
 the no-migration petition variance. EPA
 is promulgating a clarifying revision to
 40 CFR 148.20 which allows facilities to
 seek a no-migration variance for their
 Class I nonhazardous wells, and has
 long indicated that this compliance
 option is available (see pp. 25-27,
 Supplemental Information Report
 prepared for the Notice of Data
 Availability, January 19,1993, 58 FR
 4972). If these facilities demonstrate to
 EPA that their formerly characteristic
 wastes (including any hazardous
 constituents) will not migrate  out of the
 injection zone for 10,000 years, or no
 longer pose a threat to human health
 and the environment because the wastes
 are attenuated, transformed, or
 immobilized by natural processes, then
 they may continue to inject without
 further treatment.
  A significant number of commenters
 responded to the proposed rule's
 discussion on the Agency's position on
 granting no-migration petitions.
 Comments included that petitions were
 a too costly option, took too much time
 to be processed, generic petitions for
 Class I non-hazardous wells should be
granted, and existing no-migration
exemptions should not require
modification to include Phase III wastes.
 These comments, among others, will be
 discussed in detail in the "Response to
 Comments" background document for
 this rule, but basically many had partial
 merit.
   First, although the Agency has
 estimated earlier that the average
 petition costs an operator $343,000,
 several individual petition reviews have
 far exceeded that amount. The Agency
 will examine the possibility of revising
 petition cost data in future LDR rules.
 Second, although a petition may take up
 to 3 years to process, the Agency (as
 noted above) indicated as early as 1992
 (after the Third Third opinion) that it
 would begin review of Class I
 nonhazardous injection well no-
 migration petitions if submitted (58 FR
 4972, January 19,1993). Although time
 and resource restraints on the Agency
 are real, the Agency will continue to
 work with affected Class I operators in
 order to facilitate the no-migration
 petition review process. Third, although
 EPA has established a reasonable
 knowledge base on the review process
 for Class I hazardous facilities, it cannot
 automatically infer that all Class I
 nonhazardous facilities will
 successfully make a no-migration
 demonstration. Well site geology,
 hydrogeology, abandoned well area of
 review, and the specific characteristics
 of the injectate and receiving formation
 are site specific factors which, as a
 factual matter, must be evaluated
 individually in order to demonstrate "to
 a reasonable degree of certainty" (RCRA
 section 3004(g)(5)) that the no migration
 standard has been satisfied. See
 Supplemental Report to Notice of Data
 Availability, January 19,1993, at 25-26
 9. It must be remembered that not every
 Class I injection well applying for the
 variance has been able to make the
 demonstration, and that one salutary
 effect of the no migration process has
 been to identify certain (albeit a limited
 number of) wells that would not be
 capable of adequately pontaining
 injectate over the long term.
  EPA agrees completely with
 commenters, however, that wells that
 already have approved no migration
 exemptions are not affected by the Third
 Third opinion and thus are not affected
 by land disposal restrictions affecting
 decharacterized wastes. (In fact, EPA
 does not read the proposal to suggest
 otherwise.) Absent a change in the
 waste being injected, there is no reason
 to reopen no migration determinations
 that have already evaluated the entire
 injected waste stream. 57 FR at 31963
 (July 20, 1992).
  EPA is also promulgating additional
means for Class I nonhazardous
facilities to comply with the LDR
 requirements. Revisions to 40 CFR
 148.1(c)(l) and 148.4 will allow Class I
 nonhazardous owners and operators to
 apply for a case-by-case extension of the
 capacity variance for up to one year
 (renewable for up to an additional year)
 in order to acquire or construct
 alternative treatment capacity. Based on
 experience, EPA believes that the
 availability of the case-by-case
 extension coupled with national
 capacity variance(s) should allow
 operators more than adequate time to
 acquire alternative treatment or
 complete the no-migration petition
 process. Two other options include the
 pollution prevention option and the de
 minimis volume exclusion.

 C. Pollution Prevention Compliance
 Option
   The final rule provides an alternative
 means of obtaining the reductions in
 mass loadings of hazardous constituents
 mandated by the Third Third opinion.
 Under this alternative, mass reductions
 can be achieved by removing hazardous
 constituents from any of the
 wastestreams that are going to be
 injected, and these reductions in mass
 loadings can be accomplished by means
 of source reduction (i.e. equipment or
 technology modifications, process or
 procedure modifications, reformulation
 or redesign of products, substitution of
 raw materials, and improvements in
 housekeeping, maintenance, training, or
 inventory control), recycling, or
 conventional treatment. As an example,
 if a facility can make process changes
 that reduce the mass of cadmium by the
 same amount that would be removed if
 the prohibited wastestream was treated
 to satisfy UTS, the facility would satisfy
 LDR requirements. The facility could
 also remove cadmium from any of the
 streams (prohibited or non-prohibited)
 which are going to be injected, or could
 find a means of recycling some portion
 of the injectate to reduce injected mass
 loadings of cadmium. In all cases, the
 result would be that the mass loading of
 hazardous constituents into the
 injection unit would be reduced by the
 same  amount as it would be reduced by
 treatment of the prohibited,
 characteristic portion of the injectate.
 976 F. 2d at 23 n. 8; see also Specialty
 Steel Inst. v. EPA, 27 F. 3d 642, 649
 (D.C. Cir. 1994) (treatment standards
 that result in lower volume of waste to
be disposed—precisely what the
 alternative standard here can achieve—
 are a permissible means of complying
with RCRA section 3004 (m)).
  Commenters further requested that
this alternative be available on a
hazardous constituent by hazardous
constituent basis. EPA agrees that this is

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15576     federal. Register / Vol. 61, No.  68 / Monday,  April 8, 1996  / Rules and Regulations
reasonable since it still results in the
requisite reduction of hazardous
constituent mass loading and provides
desirable compliance flexibility. Of  ,
course, if the pollution prevention
alternative is used partially, there must
still be compliance by some alternative
means for the remaining hazardous
constituents subject to the prohibition.
  The Agency is not, however, adopting
any type of hazardous constituent
trading provision as part of this rule. It
first is not clear that such a provision
would satisfy the equivalency test
enunciated by the court. In addition,
given the narrow time frame available to
the Agency to develop this rule, the
Agency lacks the time and resources to
properly evaluate the ramifications of
the idea in this proceeding.
  As a means of implementing this
alternative, EPA is adopting the method
proposed. The mass/day reduction of a
particular underlying hazardous
constituents is to be calculated by
comparing the injected baseline with
the allowance. The injected baseline is
determined by multiplying the volume/
day of prohibited hazardous waste
generated and subsequently injected
times the  concentration of hazardous
constituents before the pollution
prevention measure. The allowance is
determined by multiplying the volume/
day of a hazardous constituent
generated/injected times the UTS for
that constituent. The difference between
the injected baseline and the allowance
is the required mass/day reduction.
  EPA proposed, and is adopting the
requirement that after successful
employment of a pollution prevention
measure, the facility must demonstrate
that the injected mass achieves the
required mass/day reduction. Because
the amount of an underlying hazardous
constituent in the injectate is dependent
upon the  level of production, a
correction factor for production is
needed. In the example given in the
proposal (60 FR 11714), the calculation
for the injected baseline was corrected
by a production variability factor based
on volume. The Agency had solicited
comment on whether there are
production parameters other than
volume (e.g., mass, square footage, etc.).
One commenter gave a specific example
where square footage would be a more
appropriate parameter. Therefore, the
Agency is promulgating today that any
appropriate parameter may be used to
calculate  the production variability
factor. Another commenter was
concerned that in the example the
baseline used after pollution prevention
seemed to be based on the production
rate, whereas the baseline before
pollution prevention was not. The
commenter misunderstood the purpose
of the production variability factor. In  '
the example the post-pollution
prevention injectate was adjusted by the
production variability factor; however,
the example could have been
reorganized such that the initial     :  .
baseline was adjusted for production
variability. It was not necessary to
adjust both the pre- and post-pollution
prevention baselines for production
variabilty; hi fact, doing so would cause
the variability factor to cancel out.
  Several commenters were concerned
that there are other factors besides rate
of production which could cause
variability in the level of an underlying
hazardous constituent. One commenter
mentioned variations in operation of
specific source unit operations such as
distillation and/or stripping trains •
feeding the injection unit. Another
commenter stated that since they do not
actually produce anything, they have no
production rates to use, and suggested
basing production on man-hours
worked or total water consumed by  a
facility. The Agency agrees with all
these suggestions. The mass/day of an
underlying hazardous constituent after
pollution prevention is based on the
flowrate multiplied by the concentration
of the constituent, and must be less  than
or equal to the calculated mass/day
allowance for that underlying hazardous
constituent. Beyond this basic formula,
the facility can adjust for any factors
which would cause a variation in the
concentration of the underlying
hazardous constituent, provided .the
variation(s) are part of a normal
operating procedure.
  Under this approach, a facility would
make a one-time change in operating
practice. Because the mass loading
reductions resulting from the practice
are obtained from the time of the change
forward, it obviously is not necessary
(and neither practical or likely feasible)
for the facility to make on-going
(potentially daily) changes to qualify
under the provision.
  A number of commenters, although
supporting the Agency's proposal,
argued that it should apply to facilities
that already have implemented source
reduction or other pollution prevention
practices before the effective date of the
rule, not just those making the change
prospectively (as EPA proposed). Their
point is that facilities that have already
implemented source reduction, and as a
result may now have fewer,
opportunities to do so, should not be on
a worse footing than facilities who have
been laxer and thus now have a wider
range of possible means of reduction.
This argument certainly has equitable
force. At the same time, however, there
has to be some objectively defined
baseline period for the rule to be
enforceable, and for there to be some
nexus between the pollution prevention
measure and the reduced mass loadings
in current injectate. Balancing these
considerations, the Agency is
establishing 1990 as the base year for
establishing a baseline. This was the
year EPA adopted (per Congressional
schedule) the prohibitions for
characteristic hazardous waste and
(coincidentally) the year of the Pollution
Prevention Act.
  EPA is sensitive to other comments
regarding the need for this alternative to
be objectively verifiable. The Agency is
therefore requiring that facilities must
monitor the underlying hazardous
constituent concentration and the
volume of the prohibited hazardous
waste stream (i.e. all characteristic
streams subject to LDR treatment
standard requirements that will be
decharacterized before injection), both
on the day before and the day after
successful implementation of pollution
prevention. Results of this monitoring
must be reported to the EPA Region or
authorized State on a one-time basis.
The Agency had solicited comment on   •
whether more than one day is needed
for monitoring. Several commenters
were concerned that certain pollution
prevention methods would take several
weeks, liot one day, to show results. It
should be noted that the Agency did not
intend for the pollution prevention
method to show results in one day.
Results should be achieved by'the  •
effective date of the rule for the facility
to be in compliance, and the pollution
prevention method should have been
employed no earlier than 1990. The
facility must also include a description
of the  pollution prevention method used
(including any recycling alternative). In
addition, the facility will monitor and
keep on-site records of the results on a
quarterly basis (this tune period is
selected to match the quarterly
monitoring already required under
SDWA regulations at 40 CFR 146.13 (b)).
If the facility changes its means of
complying with this alternative, it must
renotify the EPA Region or authorized
State,  and again document the basis for
its  compliance by monitoring.
D. De Minimis Volume Exemption
  EPA is finalizing the de minimis
exemption proposed. 60 FR at 11714—
11715. The terms of the  exemption are
that if decharacterized wastewaters
comprise no more than 1% of the total   .
injectate, if the total volume of the
characteristic streams do not exceed
10,000 gallons per day, and if
underlying hazardous constituents are

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             Federal Register / Vol.  61,  No. 68  /  Monday, April  8,  1996 / Rules and  Regulations      15577
present in the characteristic wastes at
concentrations less than 10 times UTS
at the point of generation, then the
wastes are not prohibited from injection
in a Class I non-hazardous deepwell
(assuming the injectate is not hazardous
at the point of injection). The Agency
continues to believe that under these
circumstances, the relatively small
decharacterized hazardous waste
streams would not appreciably alter the
risks posed by the injection practice.
  Generally, the proposed approach was
well received. Some commenters stated,
however, that the de minimis volume
exemption, as proposed, would allow
excessively large volumes of routinely
generated characteristic wastes to go
untreated to  disposal in deep wells,
while others believe that the specific
quantifying parameters are overly
restrictive. The Agency analyzed
potential risks associated with
concentrations of 5 contaminants
detected in Class I facility waste streams
at 10, 20, and 50 times UTS. (This
analysis was conducted in conjunction
with revising the Regulatory Impact
Analysis For Underground Injected
Wastes for this rule. See 60 FR 11715.)
In brief, risk estimates for 4 geologic
settings and 2 well malfunction
scenarios were found to be below levels
of regulatory concern at 10 and 20 times
UTS. However, at 50 times UTS, risk
estimates for cancer and hazard index
were above regulatory concern for a
waste stream containing carbon
tetrachloride, assuming an abandoned
borehole failure within 500 feet of the
injection well. Taking into account the
statutorily enumerated "long-term
uncertainties associated with land
disposal" (RCRA section 3004(d)(l)(A)),
EPA believes the 10 x UTS level to be
well within the zone of reasonable
values it could select as de minimis. The
one percent volumetric requirement is
consistent with other longstanding de
minimis exemptions for wastewater
management systems in the subtitle C
rules (see § 261.3(a)(2)(iv) (A) and (E)),
and would normally cap the total
volume of characteristic injectate at
approximately 1100 gallons per day,
given average Class I UIC non-hazardous
injection rates.
  At a rate of 1100 gallons per day,
lOxUTS for carbon tetrachloride would
mean a mass loading of approximately
165 mg of the constituents being
injected each day. Mass loadings for the
other hazardous constituents would
similarly be modest. EPA again believes
that these small mass loadings would
have de minimis effect on the risk
potential posed by the injection practice
and consequently should be exempted
from the prohibition.
BILLING CODE 6560-50-P

-------
            Does the
        ''Facility Generate a""
     'Characteristic Hazardous"
        Waste that is Diluted
          to Remove the
         ^ Characteristic ^
Facility is Not Subject
to Phase III Treatment
Standards
             Does the
        ''Facility Segregate''
      'its Characteristic Waste'
   ' Stream for Separate Treatment^
        (By Means Other than
          Dilution) to Meet
               UTS
              Does the
         "Facilty Manage a""
        Decharacterized Waste
    'Using a Land-Based Unit Other
'than Subtitle C Surface Impoundments, ]
  vTank-Based Wastewater Treatment^
        Systems or Stormwater
           Impoundments
Waste Treated to Meet
Universal Treatment
Standards; These Standards
are Enforceable Under RCRA
      Facility is Not Subject
      to Phase III Treatment
      Standards
                                                                                Does the
                                                                            Decharacterized
                                                                          Waste Contain UHCs
                                                                              as Defined in
                                                                                §268.2(i)
                                           Is the
                                         Facility a
                                       Member of the
                                       Pulp and Paper
                                         Industry
                                                               Waste is Not Subject
                                                               to Phase III Treatment
                                                               Standards
                                                                                                      Facility is Not Subject
                                                                                                      to Phase III Treatment
                                                                                                      Standards
Examine Treatment Standards
for Decharacterized Wastes
Managed in CWA and CWA-
Equivalent Wastewater
Treatment Systems
  Direct Dischargers .
"* Go to Figure 2
  Indirect Dischargers'
"''Go to Figure 3

  Zero-Dischargers
"''Go to Figure 4   .
                                                                                                                                                wi
                                                                                                                                                Si
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                                                                       CD
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                                                                                                         CO .
to
CD
05
                                                                                                                                               I
                                                                                                                                                ET
                                                                                                                                                ff.
                                                                                                                                                B
                                                                                                                                                CO
        Figure 1.  General Applicability Criteria for Treatment Standards for Clean Water Act (CWA) and
                                    CWA-Equivalent Wastewater Treatment Systems

-------
Federal Register / Vol. 61, No.  68 /  Monday, April 8, 1996 / Rules and Regulations     15579
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-------
Examine the Following for
Clean Water Act Indirect
Discharging Wastewater
Treatment Systems
                                      The CWA Standards are Considered
                                      to Be the RCRA Treatment Standards;
                                      These Standards are Enforceable
                                      Under the CWA.
       Does the
     Facility Have
   PSES, PSNS, FDF
Variance or Local Indirect
   Discharge Limits
     forAIIUHCs
          Has
       the Facility
  Obtained a Modificaton
   of Its Local Limits to
    Include Limitations
      forAIIUHCs
                                                                                        Does the
                                                                                     'Facility Seek''
                                                                                   'a Variance from a"
                                                                                   Treatment Standard
                                                                              'Under! 268.44 (This Includes"
                                                                            ' a Demonstration that the Facility
                                                                                is Treating the Waste Using
                                                                                   a Properly Designed
                                                                                  v and Operated PSES^
                                                                                        System)
     Has
   the EPA"
' Administrator''
  Granted the
   Variance
  v Request^
                                                                                                         The Facility is Not Subject to
                                                                                                         Phase III Treatment Standards.
                                                                                                         The Owner/Operator is Required
                                                                                                         to Comply with the Applicable
                                                                                                         Provisions of §268.44 and §268.7.
                                                                                    - The Facility Must Treat its Wastewater
                                                                                      by a Means Other than Dilution to Achieve
                                                                                      the UTS Levels for all UHCs as Required
                                                                                      By §268.3 and §268.9; Compliance is
                                                                                      Required at the End-of-Pipe, and is
                                                                                      Enforceable Under RCRA.
                                                                                    - The Facility Must Monitor Compliance
                                                                                      with the UTS Standard for Each UHC
                                                                                      at the End-of-Pipe on a Quarterly
                                                                                      Basis; Results Must Be Kept in Facility
                                                                                      On-site Files as Required By §268.9(e).
             Figure 3. Applicability Criteria and Treatment Standards for Decharacterized Wastes Managed
                          in Clean Water Act Indirect Discharging Wastewater Treatment Systems

-------
Examine the Following for Clean Water Act -
Equivalent Zero-Discharging Wastewater
Treatment Systems
                Is the
            Decharacterized
         Waste Land Disposed
         (e.g., Spray Irrigation,
            Land Farming)
               Does the
             Facility Have
          a State-Implemented
        CWA or CWA-Equivalent
           Permit that Covers
               all UHCs
Waste is Not Subject
to Phase III Treatment
Standards
The State Standards are
Considered to Be the RCRA
Treatment Standards; These
Standards are Enforceable
By the State Permitting
Authority.
                                                                         Does the^
                                                                        Facility Seek"
                                                                      a Variance from a
                                                                     Treatment Standard
                                                                 Under§ 268.44 (This Includes "
                                                               a Demonstration that the Facility
                                                                  is Treating the Waste Using
                                                                   a Properly Designed and
                                                                     Operated BAT/PSES^
                                                                         System)
                                                                 - The Facility Must Treat its Wastewater by a
                                                                 Means Other than Dilution to Achieve the
                                                                 UTS Levels for all UHCs as Required By
                                                                  §268.3 and §268.9; Compliance is Required
                                                                 at the Point Just Prior to Placement on the
                                                                 Land, and is Enforceable Under RCRA.
                                                                 - The Facility Must Monitor Compliance
                                                                 with the UTS Standard for Each Constituent
                                                                 at the Point-of-Discharge on a Quarterly
                                                                 Basis; Results Must Be Kept in Facility
                                                                 On-site Files as Required By  g268.9(e).
                                                                            Has"
                                                                          the EPA"
                                                                      ' Administrator^
                                                                        Granted the
                                                                          Variance
                                                                         ^ Request^
                                                         The Facility is Not Subject to
                                                         Phase III Treatment Standards.
                                                         The Owner/Operator is Required
                                                         to Comply with the Applicable
                                                         Provisions of §268.44 and §268.7.
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                       in Clean Water Act - Equivalent Zero-Discharging Wastewater Treatment Systems
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                                                                                                                                                    09

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                                                                                                                                                      01
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   Facility Inject
(i.e., Land Dispose)
 a Decharacterized
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        Does the
      acilty Segregate
  ts Characteristic Waste
tream for Separate Treatment
   (By Means Other than
     Dilution) to Meet
          UTS
      Does the
   Decharacterize
Waste Contain UHCs
    as Defined in
       268.2(1)
                              Facility is Not Subject
                              to Phase III Treatment
                              Standards
Waste Treated to Meet
Universal Treatment
Standards; These Standards
are Enforceable Under RCRA
                                Waste is Not Subject
                                to Phase III Treatment
                                Standards
        Has
    the Facility
eceived a No-Migration
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       Has
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eceived a Treatability
  Variance Under
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      Does the
   Waste Meet the
  De Mlnlmis Volume
   Exclusion Under
     § 268.1 (e)(4)
                                                                                 Does the
                                                                              Facility Meet the
                                                                        Dilution Prevention Compliance
                                                                               Option Under
                                                                                §268.9(d)(3)
                                                                                                       Facility May Inject Wastes
                                                                                                       Without Meeting Phase III
                                                                                                       Treatment Standards
                                                                     Facility is Not Subject to Phase III
                                                                     Treatment Standards; Rather, Facility
                                                                     is Subject to Alternative Treatment
                                                                     Standards
                                                                                                     Facility May Inject Without Having
                                                                                                     to Treat to Meet Phase III Treatment
                                                                                                     Standards. Generators Must Place
                                                                                                     a One-Time Notice in Their Files as
                                                                                                     Required Under§268.9(d) and, §268.9(f).
                                                                           Facility May Inject Without Having
                                                                           to Treat to Meet Phase III Treatment
                                                                           Standards. Facility Must Monitor
                                                                           and Keep On-Site Records of Results
                                                                           on a Quarterly Basis as Required By
                                                                           §268.9(e).
                                                     N
                                                                       - The Facility Must Treat its Wastewater
                                                                        by a Means Other than Dilution to Achieve
                                                                        the UTS Levels for all UHCs as Required
                                                                       ' By  §268.3 and §268.9; Compliance is
                                                                        Required at the Point-of-lnjection, and is
                                                                        Enforceable Under RCRA.
                                                                       - The Facility Must Monitor Compliance
                                                                        with the UTS Standard for Each UHC
                                                                        at the Point-of-lnjection on a Quarterly
                                                                        Basis; Results Must Be Kept in Facility
                                                                        On-site Files as Required By §268.9(e).
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     Figure 5. General Applicability Criteria and Treatment Standards for SDWA-Regulated Facilities Discharging
                              Decharacterized Waste Into Class I  Non-Hazardous Injection Wells

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             Federal Register / Vol. 61, No. 68 / Monday,  April 8,  1996 / Rules and Regulations      15583.
 V. Treatment Standards for Newly
 Listed Wastes
 A. Carbamates
 Hazardous Wastes From Specific
 Sources (K Waste Codes)
 K156—Organic waste (including heavy
   ends, still bottoms, light ends, spent
   solvents, filtrates, and decantates)
   from the production of carbamates
   and carbamoyl oximes.
 K157—Wastewaters (including scrubber
   waters, condenser waters,
   washwaters, and separation waters)
   from the production of carbamates
   and carbamoyl oximes.
 K158—Bag house dust, and filter/
   separation solids from the production
   of carbamates and carbamoyl oximes.
 K159—Organics from the treatment of
   thiocarbamate wastes.
 K160—Solids (including filter wastes,
   separation solids, and spent catalysts)
   from the production of thiocarbamates
   and solids from the treatment of
   thiocarbamate wastes.
 K161—Purification solids (including
   filtration, evaporation, and
   centrifugation solids), baghouse dust,
   and floor sweepings from the
   production of dithiocarbamate acids
   and their salts. (This listing does not
   include K125 or K126.)
 Acute Hazardous Wastes (P Waste
 Codes)
 P203  Aldicarb sulfone
 P127  Carbofuran
 P189  Carbosulfan
 P202  m-Cumenyl methylcarbamate
 P191  Dimetilan
 P198  Formetanate hydrochloride
 P197  Formparanate
 P192  Isolan
 P196  Manganese
   dimethyldi thiocarbamate
 P199  Methiocarb
 P190  Metolcarb
 P128  Mexacarbate
 P194  Oxamyl
 P204  Physostigmine
 P188  Physostigmine salicylate
 P201   Promecarb
 P185   Tirpate
 P205   Ziram
 Toxic Hazardous Wastes
 U394  A2213
 U280  Barban
 U278  Bendiocarb
 U364  Bendiocarb phenol
 U271  Benomyl
 U400  Bis(pentamethylene)thiuram
  tetrasulfide
 U392  Butylate
 U279  Carbaryl
U372  Carbendazim
U367  Carbofuran phenol
 U393  Copper dimethyldithiocarbamate
 U386  Cycloate
 U366  Dazomet
 U395  Diethylene glycol, dicarbamate
 U403  Disulfiram
 U390  EPTC
 U407  Ethyl Ziram
 U396  Ferbam
 U375  3-Iodo-2-propynyl n-
  butylcarbamate
 U384  Metam Sodium
 U365  Molinate
 U391  Pebulate
 U383  Potassium dimethyl
  dithiocarbamate
 U378  Potassium n-hydroxymethyl-n-
  methyldithiocarbamate
 U377  Potassium n-
  methyldi thiocarbamate
 U373  Propham
 U411  Propoxur
 U387  Prosulfocarb
 U376  Selenium, tetrakis
  (dimethyldithiocarbamate)
 U379  Sodium dibutyldithiocarbamate
 U381  Sodium diethyldithiocarbamate
 U382  Sodium
  dimethyldithiocarbamate
 U277  Sulfallate
 U402  Tetrabutylthiuram disulfide
 U401  Tetramethylthiuram
  monosulfide
 U410  Thiodicarb
 U409  Thiophanate-methyl
 U389  Triallate
 U404  Triethylamine
 U385  Vernolate
  EPA is promulgating the treatment
 standards that were proposed for wastes
 from the carbamate industry specified
 above.
  The preamble of the proposed rule
 described the basis for these treatment
 standards in greater detail (60 FR
 11720). For background information on
 waste characterization data, data
 gathering efforts, and applicable
 technologies, see the Best Demonstrated
 Available Technology (BOAT)
 Background Document for Newly Listed
 or Identified Wastes from the
 Production of Carbamates.
  The concentration-based treatment
 standards being promulgated today for
 carbamate wastewaters and
 nonwastewaters are at UTS levels for
 certain constituents, and at newly-
 established levels for  other constituents
 that are today being added to the UTS
 list. The UTS standards have already
been promulgated for 21 of the
 constituents of concern (16 organic
 constituents and 5 metals). The Agency
 is promulgating new UTS for 42
 constituents associated with carbamate
wastes. Forty of these constituents are
chemicals produced by the carbamate
industry which may be grouped into the
 following categories: carbamates and
 carbamate intermediates, carbamoyl
 oximes, thiocarbamates, and
 dithiocarbamates. Please refer to the
 Background Document for definitions of
 these chemical groups and the
 categorization of these 40 chemicals.
 The other 2 constituents for which new
 UTS are being promulgated
 (triethylamine, and o-phenylene
 diamine) are not carbamate products,
 but are hazardous constituents present
 at levels of regulatory concern in
 carbamate wastes.
   One commenter requested
 clarification on the applicability of the
 carbamate treatment standards, stating
 that the summary section of the
 proposed treatment standards said that
 treatment standards were being
 proposed for certain hazardous wastes
 "including those from the production of
 carbamate pesticides", whereas the
 section of the rule that directly
 addressed carbamate wastes referred to
 carbamates without the pesticide
 limitation. EPA points out in response
 that the final listing rule which defined
 the new waste codes does not limit the
 definition to pesticides only. The
 treatment standards being promulgated
 apply to all wastes which fit the
 definitions of the waste codes
 established in the final listing rule.
   One commenter stated that EPA
 exceeded its authority under RCRA
 section 3004 and violated the
 Administrative Procedure Act by
 preparing the proposed treatment
 standards and sending this rule to OMB
 well before the final listing had been
 promulgated. EPA points out that the
 proposed treatment standards were
 actually published after publication of
 the final listing rule. The proposed
 treatment standards were modified to
 conform with the changes that appeared
 in the final listing; thus, treatment
 standards were only proposed for those
 carbamate wastes whose listing had
 been promulgated in final form.
 Proposed standards for wastes whose
 listings were not finalized were
 eliminated from the proposed treatment
 standards rule. Given the statutory
 requirement described above (i.e.,  the
 requirement  to finalize LDR treatment
 standards six months after the listing is
 finalized), Congress must have
 envisioned that the two rulemaking
 activities would occur in close
proximity.
  One commenter had several
 objections to the proposed standards for
thiocarbamate wastes, stating that 1)
nonwastewater standards should not
have been based on detection limits
compiled from sampling and analysis
performed as part of the listing process

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            Federal Register / Vol. 61, No.  68 / Monday, April 8, 1996 / Rules and Regulations
because the Agency made errors in the
sampling and analysis; 2) that EPA has
no data to support the assertion that the
proposed UTS limits can be met by
thermal destruction technologies and
that the source of the detection limit
used to develop the nonwastewater
standard was not clearly identified; and,
3) that no  document was found in the
record to support the proposed
wastewater limit of 0.003 mg/1 for
thiocarbamate constituents (A2213,
Butylate, Cycloate, EPTC, Molinate,
Pebulate, Prosulfocarb, Triallate,
Vernolate), based on granular activated
carbon absorption, giving the
commenter no basis to evaluate the
acbievability of this treatment standard.
  To respond, the nonwastewater limit
for thiocarbamate wastes was actually
based on a detection limit of 0.5 mg/kg
by GC/NPD, identified in a general
characterization report addressing the
newly regulated constituents, rather  .
than on die limit of 0.125 mg/kg by SW—
846 8270B, identified in the sampling
and analysis reports. The commenter
has not yet provided any data to
indicate that the proposed treatment
standards for nonwastewaters cannot be
met.
  The Agency has decided to
promulgate a treatment standard of
0.042 mg/1 in wastewaters for the
thiocarbamate constituents identified
above. This standard is based on an
analytical detection limit of 0.015 mg/1
for Butylate, identified in an activated
carbon isotherm test performed by the
Office of Water to support development
of effluent guideline limitations. The
Agency had proposed a wastewater
limit of 0.003 mg/1, based on data taken
from the PEST (Pesticide Treatability
Database) database: containing
treatability data for pesticides, prepared
and maintained by RREL (Risk
Reduction Engineering Laboratory) in
Cincinnati, Ohio. However, upon review
of the available data, the Agency has
decided that the Office of Water data is
more accurately representative of
available wastewater treatment than the
pilot-scale data from the PEST database,
and has decided to change the final
treatment standard accordingly.
   EPA is today clarifying that the LDRs
do not apply to waste streams which
were specifically exempted from the
 definition of hazardous waste in the .
final listing rule for carbamates. These
waste streams include sludges from the '
biological treatment of K156 and K157
 and streams which satisfy the
 concentration-based exemption from the
 definition of K156 and K157 codified at
 §261.3(a)(2)(iv)(G).
   The promulgation of treatment
 standards for carbamate wastes has
greatly expanded the number of
constituents covered by the Universal
Treatment Standards at Section. 268.48.
The Agency wishes to clarify that only
a very limited number of generators or
treaters, such as manufacturers or users
of carbamate products, are expected to
have these new constituents present in
their wastes. Therefore, affected parties
may rely on process knowledge to
determine if it is necessary to analyze
for these constituents.
  The commenter has not yet provided
any data to indicate that the proposed
treatment standards cannot be met. The
commenter did indicate an intention to
submit biological treatment data for
thiocarbamate wastes. This commenter
was instructed to submit this data
quickly (by the end of August) to allow
the Agency time to give consideration to
this data prior to issuing the final rule.

B. Spent Aluminum Potliners (K088)
K088—Spent potliners from primary
  aluminum reduction.
  EPA proposed to establish treatment
standards for K088 expressed as
numerical concentration limits (see 60
FR11722) for the following
constituents: acenapthene, anthracene,
benz(a)anthracene, benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(k)fluoranthene,
benzo(g,h,i)perylene, chrysene,
dibenz(a,h)-anthracene, fluoranthene,
indeno(l,2,3-cd)pyrene, phenanthrene,
pyrene, antimony, arsenic, barium,
beryllium, cadmium, chromium, lead,
mercury, nickel, selenium, silver,
cyanide and fluoride. Today, EPA is
promulgating these treatment standards
as proposed. The nonwastewater
treatment standards for cyanide, and the
organic constituents, are based on a total
composition concentration analysis. The
nonwastewater treatment standards for
fluoride, and the metal constituents, are
based on analysis using the TCLP. All
wastewater treatment standards are
based on total composition
concentration analysis.

1. Comments Received on the
"Inherently Waste-Like" Determination
  The majority of the comments
received on the issue of declaring K088
"inherently waste-like" opposed such a
determination. As discussed in the
proposal, declaring K088 inherently
waste-like would require that allKOSS
treaters/recyclers obtain a RCRA Part B
permit regardless of whether the K088 is
recycled, reused, used as a feedstock in
a process, or conventionally treated. The
commenters asserted that this
designation would discourage recycling/
reuse and development of innovative
technologies,  and would be overly
burdensome for many of the small
companies pursuing recycling
technologies.
  The Agency was persuaded by
commenters that a determination of
"inherently waste-like" is unnecessary
at this time. Instead, any determination
of whether a particular K088 processing
technology is a type of excluded
recycling activity would need to be
made on a case-hy-case basis by EPA
Regions or authorized states. EPA was
persuaded by commenters that allowing
individual flexibility in making such a
determination is desirable here.
  Criteria that are typically relevant in
making any such determinations are set
out (among other places) at 50 FR at 638
(Jan. 4,1985); 53 FR at 522 (Jan. 8,
1988); and 56 FR at 7159 and 7185 (Feb.
21,1991). EPA also repeats the concerns
voiced in the proposed rule that spent
aluminum potliners contain high
concentrations of cyanides and
polyardmatic hydrocarbons which may
t>e conventionally treated by thermal
recovery processes, and that these and
other hazardous constituents are present
in the potliners in concentrations well
exceeding those found in the raw
materials or products for which the
spent potliners would be  substituting.
60 FR at 11723 n. 11. Other concerns are
that the thermal recovery processes
appear to pose the same potential risks
of harmful air emissions as processing
hazardous wastes in industrial furnaces,
that the residues" of recovery processes
may not be adequately treated, and that
storage of spent potliners can (and
indeed has) posed significant risk. Id. at
11723—24. EPA also repeats that many
of these units may already be subject to
the rules for industrial furnaces burning
hazardous wastes, since those rules
apply to industrial furnaces that burn
hazardous wastes for energy recovery,
material recovery, or destruction.. Id. at
11722 and n. 10; 56 FR at 7142; 50 FR
at 49171-49174 (Nov. 29, 1985); 40 CFR
266.100.
   A consequence of EPA's decision to
allow for individualized determinations
is that it is also unnecessary (and
indeed, not factually justified) to make
a general determination of "substantial
confusion" pursuant to 270.10(e)(2)
which could establish an opportunity
for interim status eligibility. That
 finding would have been premised on
the generic inherently wastelike
 determination (see 60 FR at 11723),
which the Agency is not making. EPA
 is also not pursuing in this proceeding
 the idea of toxic air emission standards
 under section 112(d)(l) of the Clean Air
Act for these sources. These sources
 could be subject to these standards if
 they are major (or, in some cases, area)

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   	Federal Register / Vol. 61, No. 68 / Monday, April 8,  1996 / Rules and Regulations     15585
 sources under section 112, but that
 determination need not he part of the
 present rulemaking.
 2. Comments Received on Regulated
 Constituents
   EPA requested comment on regulating
 the phthalates: bis (2-ethylhexyl)
 phthalate, di-n-butyl phthalate and di-n-
 octyl phthalate. These constituents have
 seemingly been detected in the
 untreated potliner and the treated
 residue; however, EPA believes that
 their presence may simply be due to lab
 contamination. Commenters
 overwhelmingly requested that these
 phthalates not be regulated. The Agency
 agrees and is not including any
 phthalates in the list of regulated
 constituents for K088.
   A number of commenters requested
 that benzo(a)pyrene be used as a
 surrogate for analyzing organics. The
 commenters were concerned that
 analytical costs for other PAHs would
 be excessive. EPA is not convinced that
 analyzing benzo(a)pyrene would be
 sufficient for determining proper
 treatment of all organics. The
 concentration of one constituent does
 not always reflect the concentration of
 similar constituents hi a waste.
 Surrogate analyses assume that all PAHs
 are present at similar concentrations
 which may or may not be true. Because
 of the variability of concentrations
 found in K088 wastes, benzo(a)pyrene
 may not be present while other PAHs
 may be present. Analyzing only for
 benzo(a)pyrene or any other potential
 surrogate does not ensure the treatment
 to UTS concentrations of other PAHs. In
 addition, the Agency believes that since
 all of the PAHs are analyzed by a single
 method the cost increase for additional
 PAHs should not be significant.
 Therefore, the Agency does not believe
 the organic constituents monitored in
 K088 wastes should be limited to a
 surrogate indicator. EPA is allowing,
 however, flexibility in the waste
 analysis plans developed by the
 companies with their permit writers to
 analyze only for those constituents
 expected to be present in the generated
 K088.
  The Agency proposed to regulate
 fluoride in K088. While fluoride is not
 a "hazardous constituent", i.e., listed in
 Appendix VIII of part 261, it is present
 in very high concentrations in K088 and
 is capable of causing substantial harm in
 the form of groundwater degradation,
 adverse ecological effects and potential
 adverse human health effects. The
Agency's view thus is that, unless
fluoride in this waste is treated, the  -
legal standard in section 3004(m) would
not be satisfied. That is, treatment
 would not "substantially diminish the
 toxicity of the waste * * * so that short-
 term and long-term threats to human
 health and the environment are
 minimized." RCRA section 3004(m)(l).
 In addition, as discussed hi the
 proposed rule, EPA reads the language
 in section 3004 (d)(l), (e)(l), and (g)(5)
 to require that land disposal may still be
 prohibited after treatment of hazardous
 constituents if the waste might still pose
 substantial hazards due to presence of
 other constituents or properties. 56 FR
 at 41168 (August 19,1991); NRDCv.
 EPA, 907 F. 2d 1146,1171-72 (B.C. Cir.
 1990) (dissenting opinion). These
 hazards could be posed due to lack of
 treatment of other constituents in the
 waste, in this case, fluoride.
   The Agency requested comment on
 whether fluoride should be added to
 Appendix VIII, as well. The
 overwhelming response of the
 commenters is that fluoride should not
 be added to Appendix VIII. The Agency
 agrees that fluoride does not pose the
 same risks in other wastes because it
 does not occur in such high
 concentrations. Furthermore, adding
 fluoride to Appendix VIII has associated
 potential analytical costs which would
 be unwarranted. Therefore, even though
 the Agency is regulating fluoride in
 K088, it is not adding it to Appendix
 Vm at this time.

 3. Comments Received on Data
   Several comments were received
 regarding EPA's use of data on K088.
 One comment in particular suggested
 that EPA ignored relevant data gathered
 by the Aluminum Association. The
 Agency did not ignore these data. They
 were submitted after the proposal and
 are currently in the docket for this final
 rule. The Agency has reviewed these
 data and found that they do not support
 any changes to the proposed treatment
 standards that are being finalized in this
 rule. This issue is discussed in greater
 detail in the Response to Comments
 background document.

 4. Comments Received on Technical
 Basis for BDAT
   There were a number of comments
 submitted on the technical basis for the
 numerical treatment standards. As
 described in the preamble to the
 proposed rule, most of the treatment
 standards are taken from the universal
 treatment standards (UTS) (59 FR
 47988, September 19,1994) which were
 developed for each constituent by
 evaluating all existing Agency data from
various technologies. The exception to
the UTS, for K088 constituents is the
fluoride treatment standard, which was
taken from the .Reynolds delisting
 petition. While K088 is a unique waste,
 available data indicate that these UTS
 levels can be routinely achieved.
   There seemed to be some confusion in
 that some commenters believed that
 EPA was proposing a required
 technology for the treatment of K088.
 This is not the case. The longstanding
 position of the Agency is when
 numerical treatment levels are
 established under the LDR program, any
 treatment technology (other than
 impermissible dilution) can be used to
 achieve those levels.
   Additional K088 comments along
 with EPA's responses are provided in
 the Response to Comments Background
 Document located in the docket for this
 rule.

 VI. Improvements to the Existing Land
 Disposal Restrictions Program
 A. Completion of Universal Treatment
 Standards

 1. Addition of Constituents to Table
 268.48
   As discussed in the section on
 carbamate wastes, EPA is today adding
 42 new constituents to the table of
 universal treatment standards (Table
 268.48), for which treatment standards
 are being promulgated today.
 2. Wastewater Standard for 1,4-Dioxane
   EPA proposed on March 2,1995 (60
 FR 11702), to establish a wastewater
 treatment standard for 1,4-dioxane. 1,4-
 Dioxane was the only UTS constituent
 for which EPA had promulgated a
 nonwastewater treatment standard but
 not a wastewater standard. At that time,
 the Agency proposed a wastewater UTS
 for 1,4-dioxane  of 0.22 mg/1. This
 proposed standard was based on the
 maximum daily limit for 1,4-dioxane
 that had been developed as part of the
 proposed effluent guidelines for the
 pharmaceutical industry (60 FR 21592,
 May 2,1995). This standard was based
 on a transfer of distillation performance
 data from methanol to 1,4-dioxane.
  Today, the Agency is promulgating a
 revised treatment standard for
 wastewater forms  of 1,4-dioxane based
 on 5 data points. This data was
 submitted by one of the commenters
 and represents actual treatment of
 wastewaters containing 1,4-dioxane.
 The Agency prefers to use actual
 treatment data in lieu of a data transfer
 whenever possible. These data show
that wastewaters containing between
 2265-7365 mg/1 of 1,4-dioxane can be
treated by distillation to levels between
 3-7 mg/1, representing a 99.9% removal
rate for the dioxane. As a result of this
data submittal, the Agency is today
promulgating a UTS of 12.0 mg/1 for 1,4-

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            Federal Register /.Vol. 61, No. .68 /Monday, April :8; 1996 / Rules and Regulations
dioxane waste-waters based on the
performance of distillation. The
standard was calculated following the
standard methodology employed by <
EPA in developing all BDAT treatment
standards.
  Comments received on the wastewater
treatment standard for 1,4-dioxane
focused on three major points: (1) The
unavailability, at the time of proposal,
of data from the effluent guidelines
proposed rule for the pharmaceutical
industry, from which the proposed
standard had been derived; (2) the
inappropriateness of transferring
distillation data from methanol to 1,4-
dioxane (based on the effluent
guidelines data); and (3) analytical
difficulties inherent in analyzing for 1,4
dioxane in wastewater.
  In the proposed rule, EPA referenced
effluent guidelines data that would be
made available to support the proposed
wastewater treatment standard for 1,4-
dioxane (60 FR 11727, footnote 13).
Although the Agency believed that these
data would be available for public
inspection shortly after signature of the
proposed rule, this was not the case.
The data were available one day
following the close of the comment
period on the Phase  III proposed rule. •
As a result, many comments were
received that criticized the Agency for
not providing appropriate pubic review
of data that was used, to develop a
treatment standard.
  In light of the delayed release of the
effluent guidelines data, the Agency
decided to accept comments on these
data and the proposed 1,4-dioxane
treatment standard for 30 additional
days.  In addition, the Agency provided
notice of this extension to all
commenters of the proposed rule.
Several comments were received in
response to this memo. Most of the
commenters who had raised issue with
the proposed standard commented on
the EPA memo.
  In response to the second concern
raised by commenters, the Agency has
received actual wastewater treatment
data on 1,4-dioxane  and as such has
developed a UTS based on that data. As
stated earlier, the Agency prefers to use
actual constituency  data from available
treatment technology in lieu of
transferred data from other constituents
whenever feasible.
  Finally, several commenters raised
concerns regarding the analytical
difficulties of reliably detecting and
quantifying 1,4-dioxane in wastewater.
CMA, in particular,  stated that any UTS
under 20 mg/1 for 1,4-dioxane would be
impractical. Other commenters noted
extreme variability and difficulty in
testing for the presence of 1,4-dioxane
in wastewaters. While the analytical
results provided by one of the
commenters did show some     . • ;  • •  :
irregularities, a comprehensive  .-.     ;
analytical protocol was not provided by
the any of the comments which would
be needed to fully assess their concerns-
regarding 1,4-dioxane. As such, the   .
Agency believes that there should be no
difficulty in analyzing for 1,4-dioxane in
wastewater. Analysis can be:
accomplished by either direct injection
into a GCFID (SW 846, Method 8015B)
or a more sensitive analysis involving
the injection of an azeotropic distillate
preparation into a GCFID (SW-846,
Method 5031).

3. Revision to the Acetonitrile Standard
  EPA proposed to raise the UTS for the
nonwastewater form of acetpnitrile from
1.8 mg/kg to 38 mg/kg. Commenters
generally supported this revision for the
reasons given in the proposed rule.
Therefore the Agency is promulgating
this revised treatment standard in this
rule for the reasons stated at 60 FR . '-.
11729.              ...
  Related to this, EPA also proposed
revoking the special wastewater/
nonwastewater definition for
acrylonitrile wastes  (K011/13/14),
recognizing that these nonwastewaters
could consist of over 90% water, and
that wastewater treatment is an
appropriate means of treating these  ,
wastes. Commenters agreed with this,'
and the Agency is finalizing this today.
B. Aggressive Biological Treatment as
BDAT for Petroleum Refinery Wastes
  EPA had solicited comment on
whether to  specify aggressive biological
treatment (ABT) as the treatment
standard for decharacterized petroleum
refining wastewaters. The Agency is not
establishing such a treatment standard
in this final rule, but is instead   '     i
promulgating a reduction in the
frequency of monitoring required for .
those facilities using ABT to treat their .
wastes. The reasons for this are.
discussed below.
  This issue was raised by th:6 American
Petroleum Institute (API), which had
submitted data to the Agency on ten of
its facilities that used aggressive
biological treatment. Along with the   ;
data, API requested that EPA specify •
aggressive biological treatment as the.
treatment standard for their wastes;
Such a standard, which would operate
in lieu of UTS, would, in API's view,
provide adequate treatment and could
reduce their monitoring burden. In a'
similar vein, CMA commented that EPA
should specify an optional treatment :
method (biological treatment) as anf~ •'--,
alternative'to meeting UTS for /i- i ••'-•••.;;
underlying hazardous constituents
reasonably expected to be present in
characteristic wastes.
  The Environmental Technology
Council (ETC) opposed setting ABT as
a new technology-specific treatment
standard. They argued that biological
treatment only partially destroys
underlying hazardous constituents.
They also felt that reducing the
monitoring burden is inadequate
justification for creating a new
technology-specific standard.
  As discussed in the preamble to the
proposed rule (60 FR at 11719),
biotreatment systems vary in
performance both in general and as to
specific constituents; the Agency is
therefore reluctant to designate ABT as
BDAT based on data from only ten
facilities. The main reason given by both
API and CMA for having a treatment
method as the treatment standard was
the elimination of the compliance    ,
monitoring burden. Although we agree
with ETC that reducing monitoring
burden is not an  adequate justification
for creating a new technology-specific
treatment standard, EPA is certainly
willing to consider more efficient means
of ensuring compliance with LDR
requirements.     •
  Therefore, EPA is not designating
ABT as BDAT, but is, however,
requiring that decharacterized wastes
affected by today's rule, which are
managed in a wastewater treatment
system involving ABT, must be
monitored annually to ensure
compliance with the  treatment
standards for underlying hazardous
constituents. Other decharacterized
wastes affected by today's rule must be
monitored quarterly.  EPA has been
reviewing the paperwork burden posed
by the LDR program;  this was discussed
in the supplemental notice to the LDR
Phase TV proposed rule (61 FR 2338,
January 25,1996). As part of this
paperwork burden reduction effort, the
Agency is considering reducing the
monitoring burden for all facilities
complying with LDRs. The Agency
considers reducing the monitoring
burden for facilities treating wastewater
with ABT to be a positive step towards
this goal, and therefore believes it is
justified. Reductions  of this type for
other typesvof treatment will be
explored in future rulemakings.
C. Dilution Prohibition
  Under the existing  LDR dilution
prohibition (40 CFR 268.3), burning
inorganic metal-bearing hazardous
wastes can be a form  of impermissible
dilution. On May 27,1994, the Assistant
Administrator for the Office of Solid
Waste and Emergency Response issued

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             Federal Register  /  Vol.  61, No. 68  /  Monday, April  8, 1996 / Rules and  Regulations      15587
a Statement of Policy which clarified
this point (59 FR 27546-27547). Today
the Agency is codifying and quantifying
those principles.
  As discussed in the proposed rule,
impermissible dilution may occur when
wastes not amenable to treatment by a
certain method (i.e., treated very
ineffectively by that treatment method)
are nevertheless 'treated' by that method
(55 FR 22666, June 1,1990; 52 FR at
25778-25779, July 8,1987). Today's
rule provides a general distinction
between "adequate treatment" and
potential violations of the dilution
prohibition.
1. Inorganic Metal-Bearing Wastes
  The Agency has evaluated the
hazardous wastes and has determined
that 43 of the RCRA listed wastes (as set
forth in 40 CFR part 261) typically
appear to be inorganic hazardous wastes
that do not contain organics, or contain
only insignificant amounts of organics,
and are not regulated for organics.
BDAT for these inorganic, metal-bearing
listed wastes is metal recovery or
stabilization. Thus, impermissible
dilution may result when these wastes
are combusted. When an inorganic
metal-bearing hazardous waste with
insignificant concentrations of organics
is placed in a combustion unit,
legitimate treatment for purposes of LDR
ordinarily is not occurring. No treatment
of the inorganic component occurs
during combustion, and therefore,
metals are not destroyed, removed, or
immobilized. Since there are no
significant concentrations of organic
compounds in inorganic metal-bearing
hazardous wastes, it cannot be
maintained that the waste is being
properly or effectively treated via
combustion (i.e., thermally treated or
otherwise destroyed, removed, or
immobilized). For this reason,
combustion of inorganic wastes is not a
"methofd] of treatment * *  * which
substantially diminish[es] the toxicity of
the waste or substantially reduce[s]  the
likelihood of migration of hazardous
constituents from the waste *  * *"
(RCRA § 3004(m)) and so is not a
permissible method of treatment under
that provision.
  In terms of the dilution prohibition, if
combustion is allowed as a method to
achieve a treatment standard for these
wastes, metals in these wastes will be
dispersed to the ambient air and will be
diluted by being mixed in with
combustion ash from other waste
streams. Adequate treatment
(stabilization or metal recovery to meet
LDR treatment standards) has not been
performed and dilution has occurred. It
is also inappropriate to regard eventual
stabilizing of such combustion ash as
providing adequate treatment for
purposes of the LDRs. Simply meeting
the numerical BDAT standards for the
ash fails to account for metals in the
original waste stream that were emitted
to the air and for reductions achieved by
dilution with other materials in the ash.
(In most cases, of course, the metal-
bearing wastes will have been mixed
with other wastes before combustion,
which mixing itself could be viewed as
impermissible dilution).
  These inorganic, metal-bearing
hazardous wastes should be—and are
usually—treated by metal recovery or
stabilization technologies. These
technologies remove hazardous
constituents through recovery in
products, or through immobilization,
and are therefore permissible BDAT
treatment methods.
  There are eight characteristic metal
wastes; however, only wastes that
exhibit the TC as measured by both the
TCLP and the EP for D004-D011 are
presently prohibited (see 55 FR 22660-
22662, June 1,1990). EPA recently
proposed prohibition and treatment
standards for wastes identified as
hazardous solely because they exhibit
the TC (60 FR at 43682, August, 22,
1995). Characteristic wastes, of course,
cannot be generically characterized as
easily as listed wastes because they can
be generated from many different types
of processes. For example, although
some characteristic metal wastes do not
contain organics or cyanide or contain
only insignificant amounts,  others may
have organics or cyanide present which
justify combustion, such as a used oil
exhibiting the TC characteristic for a
metal. Thus, it is difficult to say which
D004-D011 wastes would be
impermissibly diluted when combusted,
beyond stating that as a general matter,
impermissible dilution would occur if
the D004-D011 waste does not have
significant organic or cyanide content
but is nevertheless combusted.
  An "inorganic metal-bearing waste" is
one for which EPA has established
treatment standards for metal hazardous
constituents, and which does not
otherwise contain significant organic or
cyanide content. The table being
promulgated in 40 CFR part 268,
Appendix XI is the list of waste codes
for which EPA regulates only metals
that are affected by this rule.

2. Inorganic Metal-Bearing Wastes Not
Prohibited Under the LDR Dilution
Prohibition
  Combustion of the following
inorganic metal-bearing wastes is not
prohibited under the LDR dilution
prohibition: (1) wastes that, at the point
of generation, or after any bona fide
treatment such as cyanide destruction
prior to combustion, contain hazardous
organic constituents or cyanide at levels
exceeding the constituent-specific
treatment standard for UTS; (2) organic,
debris-like materials (e.g., wood, paper,
plastic, or cloth) contaminated with an
inorganic metal-bearing hazardous
waste; (3) wastes that, at point of
generation, have reasonable heating
value such as greater than or equal to
5000 Btu/lb (see 48 FR 11157, March 16,
1983); (4) wastes co-generated with
wastes that specify combustion as a
required  method of treatment; (5)
wastes, including soil, subject to Federal
and/or State requirements necessitating
reduction of organics (including
biological agents); and (6) wastes with
greater than 1% Total Organic Carbon
(TOG).
  Several commenters want EPA to add
additional criteria. One commenter
recommended adding a seventh
criterion, i.e., combustion that results in
a significant reduction in volume.
Several commenters recommended
adding a  seventh criterion to allow
combustion of lab packs. The Agency is
not persuaded that a seventh criterion is
necessary. It has determined that
volume reduction is not a sufficient
reason to allow the combustion of
inorganic metal-bearing wastes because
metals are neither destroyed nor
immobilized, and it is possible that a
significant amount of metal is being
transferred to another media. As  for lab
packs, in the Phase II final rule (59 FR
47982, September 19,1994), the  Agency
specifically addressed lab pack issues
when it revised 268 Appendix IV to
specify those wastes that are prohibited
from inclusion in lab packs destined for
combustion. Today's dilution
prohibition does not supersede the
streamlined'treatment standards
promulgated in the Phase II final rule.
Therefore, metal-bearing inorganic
wastes may be included in a lab pack
unless it  is prohibited under the  list of
wastes in 268 Appendix IV.
3. Cyanide-Bearing Wastes
  A commenter questioned why  EPA
allows the presence of cyanide to justify
combustion when there are adequate
alternative treatment methods for that
waste constituent. This approach was
adopted because cyanide is destroyed—
i.e., effectively treated and not diluted—
by combustion.  Existing LDR rules, in
many cases, identify combustion as an
appropriate BDAT for destruction of
cyanide-bearing wastes. See, e.g.,
treatment standards for F009, F010, and
FOIL The LDR Phase III proposal
solicited  comments on whether the

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15588     Federal Register / Vol. 61, No.  68 / Monday, April 8, 1996 / Rules and Regulations
cyanide criterion should be dropped.,
Several commenters strongly supported
the continued use of combustion as a
treatment method for cyanide-bearing
wastes, stating that combustion is the
most efficient and effective method for
treating cyanide wastes. One
commenter, ETC, supported dropping
the cyanide criterion because of the
existence of alternative non-combustion
technologies to treat inorganic cyanide-
bearing wastes without dispersing
metals. The Agency disagrees;
combustion, when properly  conducted,
can effectively destroy all the cyanide in
a waste. In the Agency's view, this
indicates that cyanide -wastes which are
treated by combustion are not being
diluted impermissibly. This issue of
whether metals are being dispersed
would be addressed through substantive
controls on the combustion unit.
4. Table of Inorganic Metal Bearing
Wastes
  The table being promulgated in 40   .
CFR part 268, Appendix XI today
indicates the list of waste codes for
which EPA regulates only metals and/or
cyanides that would be affected by this
proposed rule. Except for P122, this list
is identical to the  list originally
published in the aforementioned Policy
Statement on this subject. The Agency
is removing P122  (Zinc Phosphide
greater than 10%) from the list of
restricted inorganic metal-bearing
wastes, because the Agency  has
previously promulgated a treatment
standard of INCIN for the
nonwastewater forms of this •waste. See
40 CFR 268.40. The policy memo was in
error on this point. EPA wishes to
clarify that this dilution prohibition is
limited to the 51 waste codes in this
table. In addition, if an Appendix IX
waste meets any of the six criteria
discussed above, it would be
permissible to combust the waste
despite the fact that it is an Appendix
IX waste.      '

D. Expansion of Treatment Options
That Will Meet the LDR Treatment
Standard "CMBST"
  EPA is modifying the treatment
standard expressed as INCIN, which
specifies hazardous waste incineration,
to CMBST, which allows combustion in
incinerators, boilers and industrial
furnaces. EPA also solicited comment
on whether the Catalytic Extraction
Process,  for which Molten Metal
Technology received a determination of
equivalent treatment under § 268.42(b),
should also be allowed for all wastes
which have a treatment standard of
CMBST, and whether there are other
technologies which are equivalent to
CMBST. Commenters supported the
inclusion of the Catalytic Extraction
Process (CEP), and since the Agency has
determined that (properly operated) it
performs in a manner equivalent to
other combustion technologies, is
adding it to the  CMBST standard.
Molten Metal Technology commented
that the CEP is not in fact a combustion
technology, and the Agency has
attempted to reflect this in the
definition. One  commenter, Exide
Corporation, requested that their plasma
arc process for the recovery of lead also
be added to the  definition of CMBST.
The Exide plasma arc process is in fact
an industrial furnace under § 260.10,
and is therefore already considered part
of the definition of CMBST.
  EPA also notes that the new CMBST
standard requires diat wastes be
thermally  treated in units that either are
subject to  subtitle C standards, or, in
cases where non-hazardous but
prohibited wastes are being thermally
treated, in accordance with applicable
technical operating requirements. This
situation could  arise, for example, if a '
decharacterized waste were then being
thermally  treated. Such a waste need
not be managed in a hazardous  waste
combustion unit. The regulatory
language makes clear that non-
hazardous waste combustion units can
be utilized. In fact, the predecessor to
the CMBST standard—INCIN—allowed
nonhazardous incinerators to be an
eligible type of unit because the INCIN
standard allowed burning in units
subject to  applicable emissions "
standards, which standards did not
necessarily have to include subtitle C
standards  (59 FR 48002, Sept. 19, 1994,
and 60 FR 242, June 3,1995). This
language was omitted inadvertently
from the CMBST standard, and is being
restored in today's rule.
E. Clean Up of 40 CFR Part 268
  EPA is finalizing changes to the LDR
program to achieve the goal of
simplified regulations.

1. Section 268:8
  Because treatment standards for all
scheduled wastes were promulgated in
the Third  Third rule in 1990, the § 268.8
"soft hammer" requirements are no
longer necessary. Therefore, § 268.8 is,
removed from part 268.           <
2. Sections 268.10-268.12
  The purpose of Subpart B of 268 was
to set out a schedule for hazardous
wastes by the date when treatment
standards  were  to be established.
Deadlines in all three of these sections
were met on time, and the wastes are
subject to  treatment standards.'    •
Therefore, these three sections are no
longer necessary, and are removed.

3. Section 268.2(f)
  With the promulgation of UTS in the
LDR Phase II final rule (59 FR 47982,
September 19,1994), distinctions in the
definitions of wastewaters are         •
unnecessary. The Agency is therefore
removing paragraphs (1)—(3) from
§268.2(f).

4. Corrections to Proposed Rule
Language
  A number of commenters pointed out
properly that EPA had proposed an
amendment to § 268.9 of the rules
which would have the effect of
subjecting all listed wastes which also
exhibit a characteristic of hazardous   '
waste to evaluate whether the waste
contains underlying hazardous
constituents not covered by the
treatment standard for the listed waste,
and if so, to treat for them.  See 60 FR
at 11741. EPA agrees with the
commenters that this provision is
unnecessary and is not adopting it. (In
fact, the Agency did not intend any far-
reaching change in proposing the
revised  language.) The provision is
unnecessary because EPA already
evaluated which hazardous constituents
are present in listed wastes at the time
of developing the treatment standards
(any of tiie Background Documents
supporting the treatment standards
indicates the sampling done, and that
the sampling encompassed the whole  ;
range of hazardous constituents
potentially present). There is no need to
duplicate this effort. Consequently, the
Agency is not amending § 268.9(b).
  Other commenters pointed Out that  ;
the proposed changes to the de minimis
exemption in § 268.1(e)(4)(i) (see 60 FR
11740) inadvertently omitted the
language which states that de minimis
losses are not prohibited. That language'
has been put back into the  final rule
language.
VII. Capacity Determinations

A. Introduction
  This section summarizes the results of
the capacity analysis for the wastes
covered by this rule. For background
information on data sources,
methodology, and a summary of each
analysis, see the Background Document
for Capacity Analysis for Land Disposal
Restrictions, Phase III—Decharacterized
Wastewaters, Carbamate Wastes, and
Spent Potliners, found in the docket for
today's rule. For EPA's responses to
capacity-related comments, see the.
Response to Capacity-Related
Comments Received on the Phase El

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             Federal Register / Vol.  61, No. 68  /  Monday, April 8, 1996 / Rules  and Regulations      15589
Land Disposal Restrictions Rulemaking,
also found in the docket for today's rule.
  In general, EPA's capacity analysis
methodologies focus on the amount of
waste to be restricted from land disposal
that is currently managed in land-based
units and that will require alternative
treatment as a result of the LDRs. The
quantity of wastes that are not managed
in land-based units (e.g., wastewaters
managed only in RCRA exempt tanks,
with direct discharge to a POTW) is not
included in the quantities requiring
alternative treatment as a  result of the
LDRs. Also, wastes that do not require
alternative treatment (e.g., those that are
currently treated using an appropriate
treatment technology) are not included
in these quantity estimates.
  EPA's decisions on whether to grant
a national capacity variance are based
on the availability of alternative
treatment or recovery technologies.
Consequently, the methodology focuses
on deriving estimates of the quantities
of waste that will require  either
commercial treatment or the
construction of new on-site treatment
systems as a result of the LDRs—
quantities of waste that will be treated
adequately either on site in existing
systems or off site by facilities owned by
the same company as the generator (i.e.,
captive facilities)  are omitted from the
required capacity estimates.
B. Capacity Analysis Results Summary
  For the decharacterized ICR and TC
wastes managed in CWA,  CWA-
equivalent, and Class I injection well
systems, EPA estimates that between 85
and 500 million tons per year (estimated
at end-of-pipe) will be affected as a
result of today's rule. EPA believes that
many affected facilities need time to
build treatment capacity for these
wastes, as wastewater volumes generally
make off-site treatment impractical.
Thus, EPA has determined that
sufficient alternative treatment capacity
is not available, and today is granting a
two-year national capacity variance for
decharacterized wastewaters.
  Commenters to the rule generally
supported EPA's decision to grant a
national capacity variance for
decharacterized wastes managed in
CWA, CWA-equivalent, and Class I
injection well systems. Numerous other
comments were received on issues such
as those associated with the definition
of point of generation for ICR and TC
wastewaters and the applicability of
today's rule to  wastewater management
units other than surface impoundments,
such as stormwater impoundments,
sumps, sewers, and trenches. The
Response to Capacity-Related
Comments Received on the Phase HI
Land Disposal Restrictions Rulemaking
background document provides a
detailed discussion of the capacity-
related comments on decharacterized
wastewaters and EPA's response to
them..
  To assess the quantity of D003 wastes
that could be affected by the rule other
than those wastes managed in CWA and
CWA-equivalent systems, EPA extracted
information from the 1993 Biennial
Reporting System (BRS) on the
generation and management of D003
wastes. According to the BRS,
approximately 2.2 million tons of D003
wastewaters are currently deepwell
injected, 650 tons of D003
nonwastewaters are managed through
land application, and 17,600 tons of
D003 nonwastewaters are managed in
"other" disposal units (not specified in
the BRS). These wastes may require
additional treatment in order to meet
the LDRs. In addition, some D003 waste
that may be affected by the rule may not
be reported in the BRS, because these
wastes may not be considered
hazardous by the generator once they
have been decharacterized. Although
EPA believes that in general there is
adequate treatment capacity for these
wastes, such capacity may not be
immediately available. Therefore, EPA
is granting a 90-day capacity variance
for D003 wastes that are impacted by the
rule and are not managed in CWA and
CWA-equivalent systems in order to
allow facilities time to determine
whether their wastes are affected by this
rule, and identify and Iqcate alternative
treatment capacity if necessary.
  EPA estimates that approximately
105,000—130,000 tons of newly listed
wastes included in today's rule will
require alternative treatment. In
particular, approximately 4,500 tons of
carbamate wastes (K156-K161, P127,
P128, P185, P188-P192, P194, P196-
P199, P201-P205, U271, U277-U280,
U364-U367, U372, U373, U375-U379,
U381-U387, U389-U396, U400-U404,
U407, U409-U411) will require
alternative treatment. In addition,
100,000—125,000 tons (not including
contaminated media) of spent
aluminum potliners (K088) will require
alternative treatment capacity.
  EPA received a number of comments
on its capacity analysis for K088 wastes.
Most commenters disagreed with EPA's
proposal not to grant a capacity variance
for K088 wastes. Specifically, these
commenters believe that EPA
overestimated the quantity of available
capacity and underestimated the
quantity of required capacity. In
performing the capacity analysis for the
final rule, EPA considered all of the
issues raised by the commenters and
reexamined its estimates of both
available and required capacity. EPA
found that adequate treatment capacity
does exist for K088 wastes, although the
amount of treatment capacity appears to
be just adequate to accommodate
demand. However, some of the facilities
capable of treating these wastes may
require pretreatment such as grinding or
crushing prior to accepting the waste. In
order to allow facilities generating K088
adequate time to work out logistics such
as transportation, pretreatment capacity,
and contracting for treatment capacity,
EPA has decided to grant a nine-month
national capacity variance for these
wastes—the time at which EPA
estimates existing treatment capacity
will be available as a practical matter. A
detailed discussion of the final capacity
analysis is provided in the Background
Document for Capacity Analysis for
Land Disposal Restrictions, Phase III—
Decharacterized Wastewaters,
Carbamate Wastes, and Spent Potliners
and EPA's responses to the individual
comments on the K088 capacity analysis
are provided in the Response to
Capacity-Related Comments Received
on the Phase III Land Disposal
Restrictions Rulemaking, both of which
are in the docket for today's rule.
  EPA has determined that there is
adequate alternative treatment capacity
available for the 4,500 tons of carbamate
wastes generated each year and is
therefore not granting a national
capacity variance for these wastes.
  The quantities of radioactive wastes
mixed with wastes included in today's
rule are generated primarily by the U.S.
Department of Energy (DOE). EPA
estimates that 820 tons of high-level
waste and 360 tons of mixed low-level
waste that may be affected by this
proposal will be generated annually by
DOE. In addition, there are currently
7,000 tons of high-level waste, 10 tons
of mixed transuranic waste, and 2,700
tons  of mixed low-level waste in storage
that may be affected by this rule. DOE
currently faces treatment capacity
shortfalls for high-level wastes and
mixed transuranic wastes. Although
DOE does have some available treatment
capacity for mixed low-level wastes,
most of this capacity is limited to
treatment of wastewaters with less than
one percent total suspended solids and
is not readily adaptable for other waste
forms. DOE has indicated that it will
generally give treatment priority to
mixed wastes that are already restricted
under previous LDR rules. Therefore,
EPA  is granting a two-year national
capacity variance to radioactive wastes
mixed with the hazardous wastes
affected by today's rule. Commenters to
the proposed rule supported EPA's

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3.559O      Federal Register /  Vol. 61, No.  68 / Monday, April 8, 1996 / Rules and Regulations
decision to grant a national capacity
variance for these wastes.
  Table 1 lists each RCRA hazardous
waste code for which EPA is today
 promulgating LDR standards. For each
 code, this table indicates whether EPA
 is granting a national capacity variance
 for land^disposed wastes. Also, EPA is
 granting a three-month national capacity
 variance for all wastes in this rule to  -
 handle logistical problems associated
 with complying with the new standards.
                          TABLE 1 .—VARIANCES FOR NEWLY LISTED AND IDENTIFIED WASTES
: Waste description1 '
Ignitable and corrosive wastes managed in CWA or CWA-equivalent systems, or SDWA (D001 and D002) 	
Reactive wastes managed in CWA or CWA-equivalent systems, or SDWA (D003) 	
Reactive wastes not managed in CWA or CWA-equivalent systems, or SDWA (D003) 	 	 	
Newly identified pesticide wastes managed in CWA or CWA-equivalent systems, or SDWA (D012-D017)
Newly identified TC organic wastewaters managed in CWA or CWA-equivalent systems, or SDWA (D018-D043)
Spent aluminum potliners (K088) 	 	 	 	 	
Carbamate production wastes (K156-K161, Pt27, P128, P185, P188-P192, P194, P196-P199, P201-P205
U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396, U400-U404, U407,
U409-U411) mixed radioactive wastes2. . • -...
Surface-dis-
posed wastes
2 Years
2 Years
3 Months
2 Years
2 Years
9 Months
3 Months 	
Deepwell-in-
jected wastes
2 Years
2 Years
3 Months
2 Years
2 Years

3 Months.
  11ncludes soil and debris contaminated with each waste.
  2The variance determinations listed apply only to radioactive wastes mixed with decharacterized D001-D003 or newly identified D012-D017
wastes managed in CWA and CWA-equivalent systems; to radioactive wastes mixed with newly identified TC organic wastewaters- and to radio-
active wastes mixed with spent aluminum potliners, or carbamate production wastes.  .   :
VIII. State Authority

A. Applicability of Rules in Authorized
States

  Under section 3006 of RCRA, EPA
may authorize qualified States to
administer and enforce the RCRA
program within the State. Following
authorization, EPA retains enforcement
authority under sections 3008, 3013,
and 7003 of RCRA, although authorized
States have primary enforcement
responsibility. The standards and
requirements for authorization are
found in 40 GFR Part 271,
  Prior to HSWA, a State with final
authorization administered its
hazardous waste program in lieu of EPA
administering the Federal program in
that State. The. Federal requirements no
longer applied in the authorized State,
and EPA could not issue permits for any
facilities that the State was authorized
to permit. When new, more stringent
Federal requirements were promulgated
or enacted, the State was obliged to
enact equivalent authority within
specified time frames. New. Federal
requirements did not take effect in an
authorized State until the State adopted
the requirements as State law.
  In contrast, under RCRA section
3006(g) (42 U.S.C. 6926(g)), new
requirements and prohibitions imposed
by HSWA take effect in authorized
States at the same time that they take
effect in unauthorized States. EPA is
directed to carry out these requirements
and prohibitions in authorized States,
including the issuance of permits, until
the State is granted authorization to do
so.          '
  Today's rule is being promulgated
pursuant to sections 3004(d) through
(k), and 3004(in), of RCRA (42 U.S.C.
6924(d) through (k), and 6924(m)).
Therefore, the Agency is adding today's
rule to Table 1 in 40 CFR 271.1(j), which
identifies the Federal program
requirements that are promulgated
pursuant to HSWA, States may apply for
final authorization for the HSWA
provisions in Table 1, as discussed in
the following section of this preamble.
Table 2 in 40 CFR 271.l(j) is also
modified to indicate that this rule is a
self-implementing provision of HSWA.

B, Abbreviated Authorization '
Procedures for Specified Portions of
Today's Rule

  On August 22,1995, EPA proposed in
the Phase TV LDR notice an abbreviated
authorization procedure that would also
be used for certain parts of the Phase III
LDR rule that are minor in nature (EPA
also proposed to use this procedure for
the Universal Treatment Standards
(UTS) in the Phase H rule). This
procedure is designed to expedite the
authorization process by reducing the
scope of a State's submittal, for -
authorization to a State certification and
copies of applicable regulations and
statutes. EPA would then conduct a
short review of the State's request,
primarily consisting of a completeness
check (see 60 FR 43686 for a full
description .of the proposed procedures).
The parts of the Phase III rule to which
the streamlined authorization ....'•
procedures would be applicable are: (1)
treatment standards for newly listed
wastes, (2) improvements to the existing
land disposal restrictions program, and
(3) revisions and corrections to the " ;
treatment standards in §§ 268.40 and •-••
268.48. (Further discussion of this issue
also is found in the supplemental  •r  ;-
proposal.to the LDR Phase IV rule (61
FR 2358, 2365, January 25,1996)).
  Although EPA is firmly committed to'
streamlining the RCRA State
authorization procedures, the Agency
has decided not to finalize the proposed
Category 1 authorization procedures for
parts of the Phase III rule today's notice.
EPA believes that public comments
from both the August 22 proposal arid
comments submitted for the recent
HWIR-contaminated media proposal
should be considered before finalizing
new procedures for authorization. This
full consideration will enable EPA to
make the best decision regarding how
the authorization process should work.
EPA intends to finalize both the  '
Category 1 and Category 2 procedures at
the same time.

C. Effect oil State Authorization

  Because today's Phase HI LDR rule is
being promulgated under HSWA
authority, those sections of today's rule
that expand the coverage of the LDR
program (e.g., to newly identified
wastes) would be implemented by EPA
on the effective date of today's rule in
authorized States until their programs
are modified to adopt these rules and
the modification is approved by EPA.
  However, some of today's regulatory
amendments are neither more or less
stringent than the existing Federal
requirements. EPA clarified in a
December 19,1994, memorandum
(which is in the docket for today's rule)
that EPA would not implement the
Universal Treatment Standards
(promulgated under HSWA authority in
the Phase II LDR rule) separately for
those States for which the State has
received LDR authorization. EPA views
any changes from the'existing limits to

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             Federal Register  /  Vol.  61, No. 68  /  Monday, April 8,  1996  /  Rules and Regulations      15591
be neither more or less stringent since
the technology basis of the standards
has not changed. Accordingly, EPA will
not implement the amendments to the
UTS in today's LDR Phase III rule for
those states with LDR authorization.
  Because today's rule is promulgated
pursuant to HSWA, a State submitting a
program modification may apply to
receive interim or final authorization
under RCRA section 3006(g)(2) or
3006(b), respectively, on the basis of
requirements that are substantially
equivalent or equivalent to EPA's. The
procedures and schedule for State
program modifications for final
authorization are described in 40 CFR
271.21. It should be noted that all
HSWA interim authorizations will
expire January 1,2003. (See § 271.24
and 57 FR 60132, December 18,1992.)
  Section 271.21(e)(2) requires that
States with final authorization must
modify their programs to reflect Federal
program changes and to  subsequently
submit the modification to EPA for
approval. The deadline by which the
State would have to modify its program
to adopt these regulations is specified in
§ 271.21(e). This deadline can be
extended in certain cases (see
§ 271.21(e)(3)). Once EPA approves the
modification, the State requirements
become Subtitle C RCRA requirements.
  States with authorized RCRA
programs may already have
requirements similar to those in today's
rule. These State regulations have not.
been assessed against the Federal
regulations being proposed today to
determine whether they meet the tests
for authorization. Thus,  a State is not
authorized to implement these
requirements in lieu of EPA until the
State program modifications are
approved. Of course, states with existing
standards could continue to administer
and enforce their standards as a matter
of State law. In implementing the
Federal program, EPA will work with
States under agreements to minimize
duplication of efforts. In most cases,
EPA expects that it will  be able to defer
to the States in their efforts to
implement their programs rather than
tak'e separate actions under Federal
authority.
   States that submit official applications
for final authorization less than 12
months after the effective date of these
regulations are not required to include
standards equivalent to  these
regulations in their application.
However, the State must modify its
program by the deadline set forth in
§ 271.21(e). States that submit  official
applications for final authorization 12
months after the effective date of these
regulations must include standards
equivalent to these regulations in their
application. The requirements a State
must meet when submitting its  final
authorization application are set forth in
40 CFR 271.3.

IX. Regulatory Requirements

A. Regulatory Impact Analysis Pursuant
to Executive Order 12866
  Executive Order No. 12866 requires
agencies to determine whether a
regulatory action is "significant." 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 or 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
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; or (4) raise novel legal or
policy issues arising out of legal
mandates, the President's priorities, or
the principles set forth in the Executive
Order."
  The Agency estimated the costs of
today's rule to determine if it is a
significant regulation as defined by the
Executive Order. The analysis considers
compliance cost and economic impacts
for both characteristic wastes and newly
listed wastes affected by this rule. For
characteristic wastes, the potential cost
impacts of this rule  depend on  whether
facilities' current wastewater treatment
systems will meet the UTS levels or if
additional treatment will be required. If
current treatments are adequate,
facilities will only incur administrative
costs to have their permits revised as
well as on-going monitoring costs. In
general, the Agency expects that
facilities will seek permit modifications,
treatability variances, or certification of
adequate POTW treatment because these
compliance options can be implemented
at much lower cost than the option
requiring treatment  to UTS levels. EPA
estimates the total annualized costs of
the rule for these  wastes would range
from approximately $197,000 to
$598,000, of which  $154,000 to
$425,000 would be incurred at the 28 to
73 potentially affected facilities in the
organic chemical industry, and
approximately $43,000 to $173,000
would be incurred at the 8 to 30
potentially affected  facilities in the
petroleum refining industry. However,
at the high end, if current wastewater
treatment systems need to be augmented
with additional treatment steps, the
incremental compliance costs for
today's rule could be as high as $1
million per affected facility. The Agency
does not have adequate data to estimate
how many, if any, facilities may require
modification to their treatment facilities.
The Agency did conduct a sensitivity
analysis, considering the costs of the
rule under two scenarios: (1) Assuming
that 80 percent of the facilities comply
with the rule by obtaining permit
modifications and 20 percent comply by
treating their wastes, and, (2) assuming
that 60 percent comply by obtaining
permit modifications and 40 percent
comply by treating their wastes. Based
on the first scenario, the estimated
annualized costs of the rule would range
from $6.6 million to $18.2 million.
Based on the second scenario, the
estimated annualized costs would range
from $12.9 million to $35.7 million. For
newly listed wastes, the costs are
substantially higher and will be
incurred each year. These costs range
from approximately $11.9 million to
$47.3 million and are attributable to
thermal treatment of aluminum potliner
wastes (K088). Therefore, today's rule
may be considered an economically
significant rule. Because today's rule is
significant, the Agency analyzed the
costs, economic impacts, and benefits.
   This section of the preamble for
today's rule provides a discussion of the
methodology used for estimating the
costs, economic impacts and the
benefits attributable to today's rule,
followed by a presentation of the cost,
economic impact and benefit results.
More detailed discussions of the
methodology and results may be found
in the background document,
"Regulatory Impact Analysis of the
Land Disposal Restrictions Final Rule
for the LDR Phase III Newly Listed and
Identified Wastes," which has been
placed in the docket for today's rule.

1. Methodology Section
   In today's rule, the Agency is
establishing treatment standards for the
following wastes: end-of-pipe standards
for ignitable, corrosive, and reactive
(ICR) wastewaters managed in CWA,
CWA-equivalent systems, and UIC
wells; Toxicity Characteristic pesticide
(D012-17) and organic (D018-43)
wastewaters managed in CWA, CWA-
equivalent systems, and UIC wells; and
newly listed wastes from two
industries—spent aluminum potliners
and carbamates.
   a. Methodology for Estimating the
Affected Universe. In determining the
costs, economic impacts, and benefits
associated with today's rule, the Agency

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15592      Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations
estimated the volumes of waste affected
by today's rule. The procedure.for
estimating the volume's of ICR waste and
TC organic and pesticide waste, and
newly listed wastes affected by today's
rule is summarized below.
   First, the Agency examined all
industries which might be likely to
produce wastes covered under today's
standards. Through reviewing
comments to the Supplemental Notice
of Data Availability published by the..
Agency in 1993, reviewing runs from
the Biennial Reporting System  (BRS) of
volumes generated from particular
industry sectors, as well as discussions
with industry, and discussions with the
Office of Water at EPA HQ, the Agency
narrowed it down to 16 industries
which would potentially have
significant volumes of wastewater
affected by today's rule.
   Using a host of databases and/or
sources, the Agency collected data on
the quantities, constituents, and
concentrations of the volumes affected
from each of the 16 industries.  In
addition, the Agency gathered any data
on current management practices, plant
design, etc. The following sources were
used: Toxic Release Inventory (TRI),
Section 308 data from the Office of
Water, Industrial Studies Database
(ISDB), 1991 Biennial Reporting System
(BRS), primary summary and
development documents data from
effluent guidelines, TCRIA documents,
data gathered in the capacity analysis
performed for today's rule, as well as
comments from potentially affected
industries.
   The Agency obtained volume
information for the newly listed
wastes—spent aluminum potliners
(K088) and carbamate wastes (K156-
161)—from the listing documents
prepared for these wastes during the
listing procedure.
  b. Cost Methodology. The cost
analysis estimates the national  level
incremental costs which will be
incurred as a result of today's rule. The
cost estimates for both the baseline and
post-regulatory scenarios are calculated
employing: (i) the facility wastestream
volume, (ii) the management practice *
(baseline or post-regulatory), assigned to
that wastestream, and (iii) the unit cost
associated with that practice. Summing
the costs for all facilities produces the
total costs for the given waste and
scenario. Subtracting the baseline cost
from the post-regulatory cost produces
the national incremental cost associated
with today's rule for the given waste.
  The cost methodology section
includes three sub-sections: (i) ICR and
TC Pesticide and Organic Wastes
Managed in CWA and CWA-Equivalent
Systems, (ii) Newly Listed Wastes, (iii)
Testing and Recordkeeping Costs.
  i. ICR and TC Pesticide and Organic
Wastes Managed in CWA and CWA-
Equivalent Systems. The Agency
employed the following approach to
estimate the incremental costs for the
ICR and TC wastes. First, using
information available on the affected
industries, the Agency created average-
sized model facilities for each industry.
Second, for a given model facility in an
affected industry, the Agency used
available unit cost data to develop costs
for the baseline management practices
(usually treatment in surface
impoundments followed by discharge
into receiving waters through a NPDES
permit). Third, the Agency used data on
the constituents and waste quantities for
each industry, where applicable, to
determine the necessary treatment
required to reduce to UTS levels the
constituents present. Fourth, the Agency
used unit costs to develop costs for the
post-regulatory management practices
for the treatment requirements
determined in the third step. Fifth,
subtracting the baseline from the post-
regulatory costs for an average facility in
an industry sector and using the data
available on the number of facilities
affected within each industry, the
Agency was able calculate the
incremental cost for a given industry.
Sixth., summing costs across affected
industries, the Agency determined the
incremental cost for the rule for the end-
of-pipe treatment standards.
  ii. Newly Listed Wastes. The costs for
treatment of spent aluminum potliners
(K088) and carbamate wastes (K156—
161) will be determined using data from
the listings on baseline management
practices, judgment on the technology(s)
required to meet the UTS standards for
these  wastes, and available unit cost
data.
  iii. Testing  and Recordkeeping Costs.
Testing and recordkeeping costs,
including costs that facilities will incur
for ensuring that hazardous constituents
in characteristic waste are meeting new
treatment standards and costs associated
with permit modifications will be based
upon  an average, one-time testing cost,
on-going monitoring costs, and an
Information Collection Request,
respectively.
  c. Economic Impact Methodology.
The economic effects of today's rule are
defined as the difference between the
industrial activity under post-regulatory
conditions and the industrial activity in
the absence of regulation (i.e., baseline
conditions).
  The Agency used (1) historic average
capital expenditures for each industry,
(2) historic average operating .     -•
expenditures for each industry, (3)
historic revenues, and (4) historic
average pollution abatement and control
expenditures (PACE) to determine the
economic impacts. However, the
Agency was unable to examine the ..'  "
impacts on a facility-specific basis due
to lack of data. Therefore, the impacts '
are assessed on an industry-specific
basis.
  d. Benefits Methodology. The
approach for estimating benefits
associated with today's rule involves
three components: (i) estimation of
pollutant loadings reductions, (ii)
estimation of reductions in exceedances
of health-based levels, and, (iii)
qualitative description of the potential
benefits. The benefits assessment is
based upon the waste  quantity and   :
concentration data collected for the cost
analysis. This incremental assessment
focuses upon reductions in toxic
concentrations at the point of discharge
and does not consider any potential
benefits resulting from reductions in air
emissions or impacts on impoundment
leaks and sludges which may occur as
part of treating wastes to comply with
the LDRs. It is expected that additional
treatment to comply with the LDRs may
result in risk reductions from air
emissions, leaks, and sludges.
  EPA has conducted  an assessment of
the benefits related to  the effects of the
rule on newly listed spent aluminum
potliners. These benefits depend on the
incremental risk reductions that may
result from treatment of the wastes. In
conducting the risk assessment for spent
aluminum, potliners, EPA improved
upon the fate and transport modeling  '
approach used in the RIA. Specifically,
in the RIA, EPA applied generic
dilution/attenuation factors (DAFs)
(which did not reflect  constituent-
specific fate and transport processes,
site-specific hydrogeological conditions,
or waste characterization data) to relate
the concentration of contaminants in the
leachate to their concentration in a
down-gradient well. Instead, EPA used
its Composite Model for Leachate
Migration and Transformation Products
(EPACMTP) to perform constituent- "
specific fate and transport modeling. A
summary of the analysis can be found
in the Addendum to the RIA placed in
the docket for this rule. EPA data
indicate that approximately 120,000
metric tons of spent aluminum potliners
are generated annually. EPA has not
conducted an assessment of the benefits
related to the effects of the rule on
newly listed carbamate wastes. Because
the Agency expects facilities to comply
with LDRs through permit        •
modifications, and because the quantity
of waste is very small,  benefits for

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             Federal  Register / Vol. 61, No. 68 / Monday,  April 8, 1996  /  Rules and Regulations      15593
newly listed carbamate wastes are
expected to be minimal.
  i. Estimation of Pollutant Loadings
Reductions. An incremental approach
was used to estimate reductions in
pollutant loadings. For the baseline
scenario, contaminant concentrations
were based upon data or estimates of
current effluent discharge concentration
levels. For the post-regulatory scenario,
concentration levels were assumed to
equal UTS levels.
  ii. Estimation of Reductions in
Exceodances of Health-Based Levels.
The methods used for evaluating the
benefits associated with cancer and
noncancer risk reductions resulting
from the rule entail comparing
constituent concentration levels to
health-based standards to evaluate
whether implementation of the rule
reduces concentration levels below
levels that pose risk to human health.
  To estimate benefits from cancer risk
reductions resulting from the rule, a
simple screening analysis was
performed. This analysis compared
contaminant concentrations for the
baseline and post-regulatory scenario to
health-based levels  for carcinogens.
Further analysis may be undertaken to
quantify benefits associated with
facility/ wastestream combinations
identified in the contaminant
concentration comparisons.
  Benefits associated with reductions in
non-cancer exceedances are estimated
based upon comparisons of contaminant
concentration levels in effluent
discharges of the affected wastestreams
to the reference health levels. These
benefits are expressed in terms of the
, number of exceedances of health-based
levels under the baseline scenario
compared to the number of exceedances
under the rule.
  iii. Qualitative Description of the
Potential Benefits. A qualitative
assessment of potential benefits likely to
result from the rule is used where data
are limited. The Agency acknowledges
limited data availability in developing
waste volumes affected, constituents,
concentrations, cost estimates,
economic impacts, and benefits
estimates for the LDR Phase HI
rulemaking. The Agency continues to
request comment from industry
regarding constituents, concentrations,
waste volumes, and current
management practices.
2. Results
  a. Volume Results. The Agency has
estimated the volumes of formerly
characteristic wastes potentially affected
by today's rule to total in the range of
33.5 to 500 million metric tons. The:
Agency requests comment on waste
volumes affected by the LDR Phase III
rule. For newly listed wastes, the
analyses supporting the listing
determination showed about 4,500
metric tons of carbamate wastes and
118,000 metric tons of spent aluminum
potliners are potentially affected by this
rule.
  b. Cost Results. For characteristic
wastes, the potential cost impacts of this
rule depend on whether facilities'
current wastewater treatment systems
will meet the UTS levels or if additional
treatment will be required. If current
treatments are adequate, facilities will
only incur administrative costs to have
their permits revised. EPA estimates the
total annualized costs of the rule for
these wastes would range from
approximately $197,000 to $598,000, of
which $154,000 to $425,000 would be
incurred at the 28 to 73 potentially
affected facilities in the organic
chemical industry, and approximately
$43,000 to $173,000 would be incurred
at the 8 to 30 potentially affected
facilities in the petroleum refining
industry. However, at the high end, if
current wastewater treatment systems
need to be augmented with additional
treatment steps, the incremental
compliance costs could be as high as $1
million per affected facility. The Agency
does not have adequate data to estimate
how many, if any, facilities may require
modification to their treatment facilities.
The Agency continues to request
comment and data on how often
additional treatment may be required.
  For newly listed wastes, the costs are
substantially higher and will be
incurred each year. These costs range
from approximately $11.9 million to
$47.3 million and are attributable to
thermal treatment of aluminum potliner
wastes (K088). The Agency requests
comment on where industry falls within
this range.
  c. Economic Impact Results. The
Agency has estimated the economic
impacts of today's rule to represent less
than one percent of historic pollution
control and operating costs for the
organic  chemical and petroleum
refining industries. However, for those
facilities that may need to treat to UTS
to comply with today's rule, costs could
be more significant. The estimated
compliance costs for treating newly
listed spent aluminum potliners
represents 40 percent of pollution
control operating costs for aluminum
reducers; however, treatment costs
represent only one percent of total
historic operating costs.
  d. Benefit Estimate Results. The
Agency expects facilities to comply with
the LDRs through permit modifications.
As a result, the Agency has estimated
the benefits associated with today's rule
to be small. Assuming facilities comply
with the rule by treating their affected
wastestreams, loadings reductions
estimates range between 1,527 to 21,322
metric tons per year at 129 to 291
facilities (direct and indirect
dischargers) involving 175 to 647
constituent/wastestream combinations.
Ninety-eight percent of the reductions
occur at organic chemicals facilities,
with the remainder occurring at
petroleum refiners. Estimated loadings
reductions for direct dischargers range
between 36 and 267 tons per year,
representing between 0.03 and 0.2
percent of total Toxic Release Inventory
(TRI) chemical loadings to surface
waters. For indirect dischargers,
estimated loadings reductions range
between 1,491 and 21,055 metric tons
per year, representing between 0.8  and
11.0 percent of total TRI chemical
loadings transferred to POTWs. Based
upon the results of the screening and
more detailed risk assessments, the
estimated baseline risks associated with
nine to twenty wastestreams (out of the
155 to 404 constituent/wastestream
combinations potentially  affected by the
rule) exceed 10 ~6 under baseline
conditions and three to six wastestreams
with noncancer risk levels exceeding
reference doses. These 12 to 26
wastestreams contain one of five
constituents: aniline (9 to 19
wastestreams), acrylamide (0 to 1
wastestream), pyridine (2 waststreams),
barium compounds (1 wastestream), and
acetonitrile  (0 to 2 wastestreams). For
these 12 to 26 wastestreams, EPA
conducted a more detailed risk
assessment, using site-specific data.
Results of the more detailed risk
assessment indicate that the benefits
from the rule are small. EPA identified
four wastestreams potentially posing
cancer risk exceeding the threshold risk
levels. Three wastestreams pose
baseline cancer risk ranging from 1 x
10~5 to 1 x 10~4 (due to exposure to
aniline) which potentially would be
reduced to between 8 x 10 ~ 8 and 3 x
10 -fi under the LDR Phase III rule. A
fourth wastestream containing
acrylamide poses baseline cancer risk at
a level of 2 x 10 ~3. The rule is estimated
to reduce this risk to between 2 x 10~4
and 4 x 10 ~36. All four of these
wastestreams are discharged to POTWs;
if POTW treatment removes these
constituents from the wastewater prior
to discharge to surface water and/or if
no drinking water intake is located
downstream from the POTW's outfall,
baseline risks will be lower. The Agency
expects facilities to comply with the
LDRs through permit modifications;

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             federal Register / Vol.. 61,. No; 68  /Monday, April 8,  1996  / Rules and Regulations
however, additional treatment may
result in potentially significant risk
reduction.
  EPA performed constituent-specific
fate and transport modeling using its
EPACMTP to further assess cancer and
noncancer risks of spent aluminum
potliners. Using these additional data,
EPA assessment of baseline risks
indicates that individual lifetime cancer
risks increase to about 10 ~6 under
central tendency assumptions and 10 ~3
under high-end assumptions. In
addition, the new estimates suggest that
under high-end assumptions, baseline
concentrations in drinking water may be
high enough to present noncancer risks;
previously, noncancer risks were
estimated to be negligible.
Consequently, the benefits of regulating
spent aluminum potliners are higher
than previously estimated. Under
central tendency assumptions,
individual lifetime cancer risks
resulting from current waste
management practices are slightly
higher than post-regulatory risks (10 ~6
versus less than 10~6); some
incremental benefits may therefore be
realized as a result of the LDRs. Under
high-end assumptions, however, the
regulation could reduce cancer risks by
one or two order of magnitude, while
noncancer  risks could be eliminated.
Although population risks would also
be reduced correspondingly, EPA is
unable to specify the magnitude of the
exposed population.
B. Regulatory Impact Analysis for
Underground Injected Wastes
  The Agency has completed a separate
regulatory impact analysis for
underground injected wastes affected by
the LDR Phase III final rule. This
analysis describes the regulatory
impacts only to the Class I injection
well universe. The new Phase III LDRs
cover decharacterized ICR and TC
organic wastes, and other newly-
identified hazardous wastes that are
distinctly industrial wastes injected by
owners and operators of only Class I
hazardous and non-hazardous injection
wells.
  According to the available data
outlined in the RIA, our best estimate
indicates that of the 223 Class I injection
facilities in the nation, up to 154
facilities will be affected by the new
Phase III LDRs. Of these facilities, 100
inject nonhazardous waste and 54 inject
hazardous waste. Combined, these
facilities inject approximately 18 billion
gallons of waste annually into Class I
wells. These Glass I injection wells will
now be required to either treat wastes
onsite, segregate and ship affected
wastes offsite for treatment and
disposal, or file no migration petitions
as outlined in the UIC regulations in 40
CFRPart 148 (See 53 FR 28118, July 26,
1988, preamble for a mote thorough
discussion of the no migration petition
review process). Additional options for
compliance with the finalPhase III ;:,
LDRs, including a de minimis
exemption and a pollution prevention
option discussed in detail elsewhere in
this rule and in the final UIC RIA.
  Of the newly affected Class I facilities,
38 already have no migration   .,
exemptions approved by EPA, but they
may be required to submit a petition
modification to EPA due to the Phase III
rule unless their original petition
already addressed affected Phase III
wastes, including Underlying hazardous
constituents in decharacterized wastes..
In the cases where the petition already
covers all hazardous wastes and
underlying hazardous constituents in
the injected waste stream [i.e., the
injectate that was evaluated during .the
no migration petition process: has not
changed), no further Agency review of
these petitions is necessary. For the
facilities which do not have approved
no migration exemptions, the rule will
add compliance  costs to those incurred
as a result of previous rulemakings. The
Agency analyzed costs and benefits for.
the final Phase III rule using  the same
approach and methodology developed
in the Regulatory Impact Analysis of the
Underground Injection Control Program:
Proposed Hazardous Waste Disposal  .
Injection Restriction (53 FR 28118) and
subsequent LDR rulemaking. An
analysis was performed to assess the
economic effect of associated
compliance costs for the additional
volumes of injected wastes attributable
to this rule.                  ,  ,
  In general, Class I injection facilities
affected by the LDR Phase III rule have
several options. As previously outlined,
some facilities will modify existing no
migration petitions already approved by
the Agency, others may submit entirely
new petitions, and still others may
accept the prohibitions and either
continue to inject treated wastes or » .
cease injection operations altogether.  "
And some facilities with approved
petitions already addressing Phase III -
wastes will have no or little additional
compliance costs. EPA assessed :   '
compliance costs for Class I facilities
submitting no migration petitions,
employing alternative treatment, and/or
implementing pollution prevention
measures. Although facilities using ,
pollution prevention/waste ...  ; •
minimization to comply with!the Phase
III LDRs will likely lower.overall- .;• •:..•-
regulatory compliance costs,  these: ;  ,.:.'
situations  are site-specific and,t :w -. :.:;•,
therefore, EPA cannot estimate these
costs savings at this time.
  For, Class I facilities opting to use
alternative treatment, the Agency
derived costs for both treating wastes
on-site, and/or shipping wastes and
treating them off-site at a commercial
facility. However, EPA believes that the
segregation and transportation of large
volumes of liquid wastes off-site is not
very practical or cost-effective. This
makes the off-site treatment scenario, at
best, a highly conservative analysis and
in actuality, a least likely and therefore
discountable scenario. EPA expects that
all injection facilities .will opt for the
most cost-effective approach in
complying with the Phase III final rule
and they will either submit a no
migration petition or treat their  wastes
on-site. EPA also assumes that non-
commercial facilities will segregate
wastes for treatment on-site, whereas
commercial facilities will find it more
cost effective to not segregate LDR Phase
III wastes. For the final rule, EPA
estimates that the total annual
compliance cost for petitions and
alternative on-site treatment to industry
affected by the new LDR Phase III
prohibitions will range between $32.91
million to $34.08 million per year. The
average annual compliance costs per
affected facility employing on-site
alternative treatment were $217,500.
The range of costs for alternative
treatment is the result of applying a
sensitivity analysis. Only file
incremental treatment costs for the new
waste listings are calculated in this RIA.
All of these costs will be incurred by
Class I injection well owners and
operators. The average annual
compliance costs per affected facility
employing on-site alternative treatment
were $217,500. The total annual
compliance costs for the 154 potentially
affected facilities would therefore be
$33.4 million. These figures were
derived by applying the probability of
certain outcomes occurring, via  the
decision tree methodology described in
the RIA, to the costs associated with
those outcomes for each affected
facility.
  Additionally, as part of the RIA
analysis, the costs associated with three
differing scenarios also were derived.
These scenarios are represented by (1) a
minimum case, where all facilities incur
only petition costs, (2) a mid-line case,
where all facilities incur treatment costs
(commercial facilities treat oil-site with
no waste segregation while non-
commercial facilities chose the least
cost treatment option), and a maximum
case, where all facilities incur both
petition and treatment costs. Costs
associated with these scenarios range

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            Federal Register / Vol. 61, No.  68 / Monday, April 8, 1996  /  Rules and Regulations      15595
from $3.67 million per year for all
facilities incurring only petition costs to
$132.62 million per year for all facilities
incurring both petition and treatment
costs. Based on past EPA experience,
there is little probability that all
facilities will arrive at each of these
possible outcomes. However, this
indicated range provides an extreme
lower and upper bound estimate for
national compliance costs purposes.
  "The benefits to human health and the
environment in the RIA are generally
defined as reduced human health risk
resulting from fewer instances of ground
water contamination. In general,
potential health risks from Class I
injection wells are extremely low.
  EPA conducted a quantitative
assessment of the potential human
health risks associated with two well
malfunction scenarios. EPA developed a
methodology described in the RIA to
measure health risks of five Phase III
contaminants: benzene, carbon
tetrachloride, chloroform, phenol, and
toluene. The results of these analyses
show that most of the cancer risks
calculated are below the 1 x 10 ~4 to 1
X10 ~6 risk range generally used by EPA
to regulate exposure to carcinogens.
Virtually all of the non-cancer risks are
below a hazard index (HI) of 1, which
represents a ratio used to compare the
relative health risks posed by
contaminants. Therefore, these cancer
and non-cancer risks calculated are
below any levels of regulatory concern.
Only two cancer risk estimates in the
high end scenarios, those calculated for
benzene and carbon tetrachloride,
slightly exceeded the risk range to
regulate exposure to carcinogens. Only
one hazard index calculated for carbon
tetrachloride exceeded EPA's level of
concern of a ratio greater than 1.
However, these results were derived
from a scenario where an abandoned
borehole (i.e. the "failure pathway")
was in very close  proximity to the
injection well, substantial pumping of a
drinking water well was occurring, and
the local geology was typical of the
highly transmissive East Gulf Coast
Region. The assumptions used in
deriving these results were based on
conservative, upper-bound estimates,
therefore the cancer and non-cancer
risks represent worst-case estimates.
Considering the limitations imposed by
the failure scenarios, and the
documented low probability of Class I
failures, the overall risks from failure of
Class I injection wells would be below
regulatory concern.
  There also is a potential qualitative
benefit to the no-migration process for
Class I nonhazardous wells. It is
possible that the process would uncover
certain wells that cannot satisfy the no-
migration standard and indeed may not
be suitable for Class I injection in any
case. This proved to be true for Class I
hazardous wells. However,
notwithstanding this potential benefit,
as noted in the early part of this
preamble, the Agency does not regard
this regulatory effort as deserving of the
priority afforded it, due to the litigation-
driven schedule and the B.C. Circuit's
mandate, and would not be undertaking
the effort at this time were it not for that
mandate and schedule.
  The economic analysis of LDR Phase
in compliance costs suggests that
publicly traded companies probably
will not be significantly affected. The
limited data available for privately-held
companies suggests, however, that they
may face significant costs due to the
proportionally larger expenses they may
face due to the LDR Phase III rule.
C. Regulatory Flexibility Analysis
  Pursuant to the Regulatory Flexibility
Act of 1980, 5 U.S.C. 601 et seq., when
an agency publishes a notice of
rulemaking, for a rule that will have a
significant effect on a substantial
number of small entities, the agency
must prepare and make available for
public comment a regulatory flexibility
analysis that considers the effect of the
rule on small entities (i.e.: small
businesses, small organizations, and
small governmental jurisdictions).
Under the Agency's Revised Guidelines
for Implementing The Regulatory
Flexibility Act, dated May 4,1992, the
Agency committed to considering
regulatory alternatives in rulemakings
when there were any economic impacts
estimated on any small entities. (See
RCRA sections 3004 (d), (e), and (g)(5),
which apply uniformly to all hazardous
wastes.) Previous guidance required
regulatory alternatives to be examined
only when significant economic effects
were estimated on a substantial number
of small entities.
   In assessing the regulatory approach
for dealing with small  entities in today's
rule, for both surface disposal of wastes,
the Agency considered two factors.
First, data on potentially affected small
entities are unavailable. Second, due to
the statutory requirements of the RCRA
LDR program, no legal avenues exist for
the Agency to provide relief from the
LDR's for small entities. The only relief
available for small entities is the
existing small quantity generator
provisions and conditionally exempt
small quantity generator exemptions
found in 40 CFR 262.11-12, and 261.5,
respectively. These exemptions
basically prescribe 100 kilograms (kg)
per calendar month generation of
hazardous waste as the limit below
which one is exempted from complying
with the RCRA standards.
  Given these two factors, the Agency
was unable to frame a series of small
entity options from which to select the
lowest cost approach; rather, the Agency
was legally bound to regulate the land
disposal of the hazardous wastes
covered in today's rule without regard
to the size of the entity being regulated.
  The Agency has, however, included
an exemption covering injection
facilities where the decharacterized
portion of the injectate is minimal in
absolute terms, as a percentage of the
total injectate, and iri hazardous
constituent mass loadings. This de
minimis exemption provides a measure
of relief to both small and larger entities
satisfying its terms.
D. Paperwork Reduction Act
  The information collection
requirements in this rule have been
submitted for approval to the Office .of
Management and Budget (OMB) under
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. Four Information Collection
Request (ICR) documents have been
prepared by EPA, as follows. OSWER
ICR No. 1442.12 would amend the
existing ICR approved under OMB
Control No. 2050-0085. The additional
information requirements for the
Underground Injection Control (UIC)
Program were submitted to OMB under,
ICR No. 0370.14; this will amend the
existing UIC approval under OMB
Control No. 2040-0042. OSWER ICR  No.
1442.12 and UIC ICR No. 0370.14 have
not been approved by OMB and the
information collection requirements in
those ICRs are not enforceable until
OMB approves them. EPA will publish
a document in the Federal Register
when OMB approves the information
collection requirements. Until EPA
publishes a document displaying the
valid OMB control number, persons are
not required to respond to collections of
information in these two ICRs. Two
amendments to National Pollutant
Discharge Elimination System (NPDES)
ICRs were approved at proposal. These
are ICR 0229.10 for the Discharge
Monitoring Report, approved under
OMB Control No. 2040-0004, and ICR
0226.11 for NPDES Applications,
approved under OMB Control No. 2040-
0086.
  Copies of these ICRs may be obtained
from Sandy Farmer, OPPE Regulatory
Information Division; U.S.
Environmental Protection Agency
(2136); 401 M St., S.W.; Washington,
D.C. 20460 or by calling (202) 260-2740.
Include the ICR numbers in any request.
The  information requirements for the

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15596      Federal Register / Vol. 61, No.  68 / Monday, April 8, 1996 / Rules and Regulations
 OSWERICR and the UICICR are not
 effective until OMB approves them.
  The additional burden associated
 with the OSWER ICR 1442.12 is as
 follows. The overall annual burden for_
 the recordkeeping and reporting  •
 requirements is 4,202 hours. It is
 expected that approximately 125  ,  -
 respondents will be affected, therefore,
 the annual recordkeeping and reporting
 burden averages 33 hours per   •
 respondent. This time is necessary to
 collect data, submit notifications and
 certifications to waste treaters and
 disposers, and to maintain records of
 this information. The annual cost
 burden for this rule is approximately
 $177,045. Of this amount, it is estimated
 that facilities will incur annual
 operation and maintainence capital :
 costs of approximately $8,375.
  The additional burden associated
 with the UIC Program, explained in ICR
 0370.14, is as follows. The estimated
 annual reporting burden averages 3845
 hours per respondent (i.e., inclusive of •
 incremental reporting burdens     ;
 associated with all affected Class I   :'
 facilities and Primacy States). The
 average incremental annual reporting
 and recordkeeping burdens are about
 4,442 hours per each affected Class I
 nonhazardous facility and about 2,700
 hours per each affected Class I         ;
 hazardous facility. For efforts associated
 with implementing tne rule
 amendments, the annual incremental
 State burden equals about 22 hours for "
 each Class I respondent.             •  ~-
  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.
  Send comments on the Agency's need
 for this information, the accuracy of the
provided burden estimates, and any
 suggested methods for minimizing
respondent burden, including through
 the use of automated collection of  .
 techniques to the Director, OPPE
 Regulatory Information Division; U.S.
 Environmental Protection Agency
 (2136); 401 M St., S.W.; Washington, DC
 20460; and to the Office of Information
 and Regulatory Affairs, Office of,-..    .
 Management and Budget, 725 17th St.,
 N.W., Washington, D.C. 20503, marked
 "Attention: Desk Officer for EPA."
 Include the ICR numbers in any
 correspondence.

 X. Unfunded Mandates Reform Act
  Under Section 202 of the Unfunded
 Mandates Reform Act of ,1995, signed
 into law on March 22,1995, EPA must
 prepare a statement to accompany any
 rule where the estimated costs to State,
 local, or tribal governments in the
 aggregate, or to the private sector, will
 be $100 million or mqre in any one year.
 Under Section 205, EPA must select the
 most cost-effective and least
 burdensome alternative that achieves
 the objective of the rule and is
 consistent with statutory requirements;
 Section 203 requires EPA to establish a
 plan for informing and advising any :
 small governments that may be
 significantly impacted by the rule.
  EPA has completed an analysis of the
 costs and benefits from the LDR Phase
 III rule and has determined that this rule
 does not include a Federal mandate that
 may result in estimated costs of $100   "
 million or more to either State, local or
 tribal governments in the aggregate. As.
 stated above, the private sector may
 incur costs exceeding $100 million per
 year depending upon the option chosen
 in the final rulemaking. EPA has  • :
 fulfilled the requirement for analysis
 under the Unfunded Mandates Reform
 Act, and results of this analysis have
 been included in the background •  ,
 document "Regulatory Impact Analysis
 of the Final Phase III Land Disposal
 Restrictions Rule," which was placed in
 the docket for today's rule.

 List of Subjects    ,   .'".'".'
 40 CFR Part 148
  Environmental protection,
 Administrative practice and procedure,
 Hazardous waste, Reporting and
 recordkeeping requirements, Water
 supply.

 40CFRPart268
  Hazardous waste, Reporting and
 recordkeeping requirements.
 40 CFR Part 271
  Administrative practice and
procedure, Hazardous materials  .
transportation, Hazardous,waste,
Penalties, Reporting;and recordkeeping
requirements.   ,     .      , ;  ;  -
 40 CFR Part 403
   Reporting and recordkeeping
 requirements, Waste treatment and
 disposal, Water pollution control.
   Dated: February 16,1996.
 Carol M. Browner,
 Administrator.
   For the reasons set out in the
 preamble, title 40, chapter I of die Code
 of Federal Regulations is amended as
 follows:

 PART 148—HAZARDOUS WASTE
 INJECTION RESTRICTIONS

   1. The authority citation for part 148
 continues to read as follows:
   Authority: Sees. 3004, Resource
 Conservation and Recovery Act, 42 U.S.C.
 6901 et seq.
   2: Section 148.1 is amended by
 revising paragraphs (a), (b) and (d) to
 read as follows:

 § 148.1  Purpose, scope and applicability.
   (a) This part identifies wastes that are
 restricted from disposal into Class I
 wells and defines those circumstances
 under which a waste, otherwise
 prohibited from injection, may be
 injected.
   (b) The requirements of this part  •
 apply to owners or operators of Class I
 hazardous waste injection wells used to
 inject hazardous waste; and, owners or
 operators of Class I injection wells used
 to inject wastes which once exhibited a
 prohibited characteristic of hazardous
 waste identified in 40 CFR part 261,
 subpart C, at the point of generation,
 and no longer exhibit the characteristic
 at the point of injection.
 * ,   *  .   *     *     *
   (d) Wastes that are only hazardous
 because they display a characteristic of
 ignitability, corrosivity, reactivity, or
 toxicity that are otiierwise prohibited,
 are not prohibited:
   (1) If the wastes are disposed into a  .
 nonhazardous waste injection well
 defined under 40 CFR 144.6(a); and
   (2) Do not exhibit any prohibited
 characteristic of hazardous waste
 identified in 40 CFRpart 261, subpart
 C, and either:
  (i) Do not contain any hazardous
 constituents identified in 40 CFR 268.48
.at levels greater than the 40 CFR 268.48
 Universal Treatment Standard levels at
 the point  of generation;
  (ii) Are de minimis in volume and
 hazardous constituent concentration
 levels, as defined in 40 CFR
 268.1(e)(4)(ii). (Recordkeeping
 requirements for this alternative are
 found at 40 CFR 268.9(d)(4).); or
  (iii)(A) The facility removes an
 equivalent mass of hazardous

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            Federal Register  /  Vol.  61, No. 68  / Monday,  April 8,  1996  /  Rules and Regulations      15597
constituents as would be removed by
treating the characteristic hazardous
wastestream pursuant to the treatment
standards in 40 CFR268.48. This mass
reduction can come from:
  (1) Treating nonhazardous portions of
the injectate;
  (2) Recycling before ultimate
injection; or
  (3) Engaging in pollution prevention
practices (such as equipment or
technology modifications, substitution
of raw materials, and improvements in
housekeeping, maintenance, training, or
inventory control).
  (B) The compliance alternative in
paragraph (d)(2)(iii)(A) of this section is
demonstrated by comparing the injected
baseline (determined by multiplying the
volume/day of characteristically
hazardous waste generated and injected)
times the concentration of hazardous
constituents before the treatment/
recycling/pollution prevention measure,
with the mass allowance obtained by
multiplying the volume/day of a
hazardous constituent generated and
injected times the universal treatment
standard for that constituent. The
baseline cannot include practices
initiated before the year 1990.
(Recordkeeping requirements for this
alternative are found at 40 CFR
268.9(d)(3).)
  3. Section 148.3 is revised to read as
follows:
§ 148.3 Dilution prohibited as a substitute
for treatment.
  (a) The provisions of 40 CFR 268.3
shall apply to owners or operators of
Class I wells used to inject a waste
which is hazardous at the point of
generation whether or not the waste is
hazardous at the point of injection.
  (b) Owners or operators of Class I
nonhazardous waste injection wells
\vhich inject waste formerly exhibiting a
hazardous characteristic which has been
removed by dilution, may address
underlying hazardous constituents by
treating the hazardous waste,  obtaining
an exemption pursuant to a petition
filed under § 148.20,  or complying with
the provisions set forth in 40 CFR 268.9.
  4. Section 148.4 is revised to read as
follows:
§ 148.4  Procedures for case-by-case
extensions to an effective date.
  The owner or operator of a Class I
hazardous or nonhazardous waste
injection well may submit an
application to the Administrator for an
extension of the effective date of any
applicable prohibition established
under subpart B of this part according
to the procedures of 40 CFR 268.5.
  5. Section 148.18 is added to subpart
B to read as follows:
§ 148.18 Waste specific prohibitions—
Newly Identified Wastes.
  (a) On July 8,1996, the wastes
specified in 40 CFR 261.32 as EPA
Hazardous waste numbers K156-K161,
P127, P128, P185, P188-P192, P194,
P196-P199, P201-P205, U271, U277-
U280, U364-U367, U372, U373, U375-
U379, U381-387, U389-U396, U400-
U404, U407, and U409-U411 are
prohibited from underground injection.
  (b) On January 8,1997, the wastes
specified in 40 CFR 261.32 as EPA
Hazardous waste number K088 is
prohibited from underground injection.
  (c) On April 8, 1998, the wastes
specified in 40 CFR part 261 as EPA
Hazardous waste numbers D018-043,
and Mixed TC/Radioactive wastes, are
prohibited from underground injection.
  (d) On April 8,1998, the wastes
specified in 40 CFR part 261 as EPA
Hazardous waste numbers D001-D003
are prohibited from underground
injection.
  6. Section 148.20 is amended by
revising paragraph (a) introductory text
to read as follows:

§ 148.20  Petitions to allow injection of a
waste prohibited under subpart B.
  (a) Any person seeking an exemption
from a prohibition under subpart B  of
this part for the injection of a restricted
hazardous waste, including a hazardous
waste exhibiting a characteristic and
containing underlying hazardous
constituents at the point of generation,
but no longer exhibiting a characteristic
when injected into a Class I injection
well or wells, shall submit a petition to
the Director demonstrating that, to a
reasonable degree of certainty, there will
be no migration of hazardous
constituents from the injection zone for
as long as the waste remains hazardous.
This demonstration requires a showing
that:
PART 268—LAND DISPOSAL
RESTRICTIONS

  7. The authority citation for part 268
continues to read as follows:
  Authority: 42 U.S.C. 6905, 6912(a), 6921,
and 6924.

Subpart A—General

  8. Section 268.1 is amended in
paragraph (e)(3) by removing the period
at the end of the paragraph and adding
"; or" in its place, by revising paragraph
(e)(4) and by removing paragraph (e)(5)
to read as follows:

§ 268.1  Purpose, scope and applicability.
*****
  (e)*  * *
  (4) De minimis losses of characteristic
wastes to wastewaters are not
considered to be prohibited wastes and
are defined as:
  (i) Losses from normal material
handling operations (e.g. spills from the
unloading or transfer of materials from
bins or other containers, leaks from
pipes, valves or other devices used to
transfer materials); minor leaks of
process equipment, storage tanks or
containers; leaks from well-maintained
pump packings and seals; sample
purgings; and relief device discharges;
discharges from safety showers and
rinsing and cleaning of personal safety
equipment; rinsate from empty
containers or from containers that are
rendered empty by that rinsing; and
laboratory wastes not exceeding one per
cent of the total flow of wastewater into
the facility's headworks on an annual
basis, or with a combined annualized
average concentration not exceeding one
part per million in the headworks of the
facility's wastewater treatment or
pretreatment facility; or
  (ii) Decharacterized wastes which are
injected into Class I nonhazardous wells
which wastes combined volume is less
than one per cent of the total flow at the
wellhead on an annualized basis, is no
greater than 10,000 gallons per day, and
in which any underlying hazardous
constituents in the characteristic wastes
are present at the point of generation at
levels less than ten times the treatment
standards found at § 268.48.
*****
  9. Section 268.2 is amended by
revising paragraphs (f) and (i), and by
adding paragraphs (j), (k), and (1) to read
as follows:

§ 268.2  Definitions applicable in this part.
*****
  (f) Wastewaters are wastes that
contain less than  1% by weight total
organic carbon (TOG) and less than 1%
by weight total suspended solids (TSS).
*****
  (i) Underlying hazardous constituent
means any constituent listed in
§ 268.48, Table UTS—Universal
Treatment Standards, except fluoride,
vanadium, and zinc, which can
reasonably be expected to be present at
the point of generation  of the hazardous
waste, at a concentration above the
constituent-specific UTS treatment
standards.
  (j) 'Inorganic metal-bearing waste is
one for which EPA has established
treatment standards for metal hazardous
constituents, and which does not
otherwise contain significant organic or
cyanide content as described in
§ 268.3(b)(l), and is specifically listed in
appendix XI of this part.

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15598      Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules  and Regulations
  (k) End-of-pipe refers to the point
where effluent is discharged to the
environment.
  (1) Stormwater impoundments are
surface impoundments which receive
wet weather flow, and only receive
process waste during wet weather
events.
  10. Section 268.3 is revised to read as
follows:

§268.3  Dilution prohibited as a substitute
for treatment.
  (a) No generator, transporter, handler,
or owner or operator of a treatment,
storage, or disposal facility shall in any
way dilute a restricted waste or the
residual from treatment of a restricted
waste as a substitute for adequate
treatment to achieve compliance with
subpart D of this part, to circumvent the
effective date of a prohibition, in subpart
C of this part, to otherwise avoid a
prohibition in subpart C of this part, or
to circumvent a land disposal
prohibition imposed by RCRA section
3004.
  (b) Dilution of wastes that are
hazardous only because they exhibit a
hazardous characteristic in a treatment
system which treats wastes
subsequently discharged to a water of
the United States pursuant to a permit
issued under section 402 of the Clean
Water Act (CWA), or which treats
wastes for the purposes of pretreatment
requirements under section 307 of the
GWA, or zero discharge systems with
wastewater treatment equivalent to
these systems, is not impermissible
dilution, so long as the § 268.48
universal treatment standards are met at
the point of discharge, or at a prior point
of compliance specified under a CWA
permit, for all underlying hazardous
constituents reasonably expected to be
present at the point of generation of the
hazardous waste.
  (c) Combustion of the hazardous
waste codes listed in Appendix XI of
this part is prohibited, unless the waste,
at the point of generation, or after any
bona fide treatment such as cyanide
destruction prior to combustion, can be
demonstrated to comply with one or
more of the following criteria (unless
otherwise specifically prohibited from
combustion):
   (1) the waste contains hazardous
organic constituents or cyanide at levels
exceeding the constituent-specific
• treatment standard found in § 268.48;
   (2) The waste consists of organic,
debris-like materials (e.g., wood, paper,
plastic, or cloth) contaminated with an
inorganic metal-bearing hazardous
waste;
   (3) The waste, at point of generation,
has reasonable heating value such as
greater than or equal to 5000 BTU per
pound;
  (4) The waste is co-generated with
wastes for which combustion is a
required method of treatment;
  (5) The waste is subject to Federal
and/or State requirements necessitating
reduction of organics (including
biological agents); or
  (6) The waste contains greater than
1% Total Organic Carbon (TOG).
  11. Section 268.7 is amended by
revising the last sentence of paragraph
(a) introductory text, paragraphs
(b)(5)(iv), by removing "268.45';" at the
end of paragraph (a)(l)(iv) and adding
"268.45'; and" in its place, by removing
"; and," at the end of paragraph (a)(l)(v)
and adding a period in its place, by
removing paragraph (a)(l)(vi), and by
adding paragraph (b)(5)(v) to read as
follows:

§ 268.7  Waste analysis and recordkeeping.
  (a) *  * * If the generator determines
that his waste exhibits the characteristic
of ignitability (D001) (and is not in the
High TOG Ignitable Liquids Subcategory
or is not treated by CMBST or RORGS
of § 268.42, Table 1), and/or the
characteristic of corrosivity (D002), and/
or reactivity (D003), and/or the
characteristic of organic toxicity (DO 12-
D043), and is prohibited under § 268.37,
§ 268.38, and § 268.39, the generator
must determine the underlying
hazardous constituents (as defined in
§ 268.2, in the D001, D002, D003, or
D012-D043 wastes.
  (1) *  * *
  (ii) The waste constituents  that the
treater will monitor, if monitoring will
not include all regulated constituents,
for wastes F001-F005, F039,  D001,
D002, D003, and D012-D043.
Generators must also include whether
the waste is a nonwastewater or
wastewater (as defined in § 268.2 (d)
and (f), and indicate the subcategory of
the waste (such as "D003 reactive
cyanide"), if applicable;
*****-
   (2)* * *
   (i) *  * *
   (B) The waste constituents  that the
treater will monitor, if monitoring will
not include all regulated constituents,
for wastes F001-F005, F039,  D001,
D002,  D003,  and D012-D043.
Generators must also include whether
the waste is a nonwastewater or
wastewater (as defined in § 268. 2(d) and
(f)) and indicate the subcategory of the
waste  (such as "D003 reactive
cyanide"), if applicable;
*****
   {3)* * *
  (ii) The waste constituents that the
treater will monitor, if monitoring will
not include all regulated constituents,
for wastes F001-F005, F039, D001,
D002, DQ03, and D012-DQ43.
Generators must also include whether
the waste is a nonwastewater or
wastewater (as denned in § 268.2(d) and
(f)), and indicate the subcategory of the
waste (such as "D003 reactive
cyanide''), if applicable;
*    *     *    *    *
  (b)*  *  *
  t£\ *  *  *
  (ii) The waste constituents to be
monitored, if monitoring will not
include all regulated constituents, for
wastes F001-F005, F039, D001, D002,
D003, and D012-D043. Generators must
also include whether the waste is a
nonwastewater or wastewater (as
defined in § 268.2(d) and (f), and
indicate the subcategory of the waste
(such as D003 reactive cyanide), if
applicable;
*    *     *     * _   *
  (5) *  * *
  (iv) For characteristic wastes D001,
D002, D003, and D012-D043 that are;
subject to the treatment standards in
§ 268.40 (other than those expressed as
a required method of treatment); that are
reasonably expected to contain
underlying hazardous constituents as
defined in § 268.2(i); are treated on-site
to remove the hazardous characteristicf
and are then sent off-site for treatment
of underlying hazardous constituents,
the certification must state the
following:
  I certify under penalty of law that the
waste has been treated in accordance with
the requirements of 40 CFR 268.40 to remove
the hazardous characteristic. This
decharacterized waste contains underlying
hazardous constituents that require further
treatment to meet universal treatment
standards. I am aware that there are
significant penalties for submitting a false
certification, including the possibility of fine
and imprisonment.
   (v) For characteristic wastes D001,
D002, D003 and D012-D043 that
contain underlying hazardous
constituents as defined in § 268.2(i) that
are treated on-site to remove the
hazardous characteristic and to treat
underlying hazardous constituents to
levels in § 268.48 Universal Treatment
Standards, the certification must state
the following:
  I certify under penalty of law that the,
waste has been treated in accordance with
the requirements of 40 CFR 268.40 to remove
the hazardous characteristic, and that
underlying hazardous constituents, as
defined in § 268.2, have been treated on-site
to meet the § 268.48 Universal Treatment
Standards. I am aware that there are

-------
             Federal Register /. Vol. 61, No.  68 / Monday, April 8, 1996 / Rules  and Regulations      15599
 significant penalties for submitting a false
 certification, including the possibility of fine
 and imprisonment
 §268.8  [Removed and reserved]
   12. Section 268.8 is removed and
 reserved.
   13. Section 268.9 is amended by
 revising paragraphs (a), (d) introductory
 text, (d)(l)(i), and (d)(l)(ii), and by
 adding paragraphs (d)(3), (e), (f), and (g)
 to read as follows:

 §268.9  Special rules regarding wastes that
 exhibit a characteristic.
   (a] The initial generator of a solid
 waste must determine each. EPA
 Hazardous Waste Number (waste code)
 applicable to the waste in order to
 determine the applicable treatment
 standards under subpart D of this part.
 For purposes of this part 268, the waste
 will carry the waste code for any
 applicable listing under 40 CFR part
 261, subpart D. In addition, the waste
 will carry one or more of the waste
 codes under 40 CFR part 261, subpart C,
 where the waste exhibits a
 characteristic, except in the case when
 the treatment standard for the waste
 code listed in 40 CFR part 261, subpart
 D operates in lieu of the standard for the
 waste code under 40 CFR part 261,
 subpart C, as specified in paragraph (b)
 of this section. If the generator
 determines that his waste displays a
 hazardous characteristic (and the waste
 is not a D004—D011 waste, a High TOG
 D001, or is not treated by CMBST, or
 RORGS of § 268.42, Table 1), the
 generator must  determine what
 underlying hazardous constituents (as
 defined in § 268.2), are reasonably
 expected to be present above the
 universal treatment standards found in
 § 268.48.
 *****
   (d) Wastes that exhibit a characteristic
 are also subject to § 26,8.7 requirements,
 except that once the waste is no longer
 hazardous, a one-time notification and
 certification must be placed in the
 generators or treaters files and sent to
 the EPA region  or authorized state,
 except for those facilities discussed in
 paragraph (f) of this section. The
 notification and certification that is
 placed in the generators or treaters files
 must be updated if the process or
 operation generating the waste changes
 and/or if the Subtitle D facility receiving
 the waste changes. However, the
 generator or treater need only notify the
EPA region or an authorized state on an
 annual basis if such changes occur.
 Such notification and certification
should be sent to the EPA region or
authorized state by the end of the
 calendar year, but no later than
 December 31.
   (1)*  *  *
   (i) For characteristic wastes other than
 those managed on site in a wastewater
 treatment system subject to the Clean
 Water Act (CWA), zero-dischargers
 engaged in CWA-equivalent treatment,
 or Class I nonhazardous injection wells,
 the name and address of the Subtitle D
 facility receiving the waste shipment;
 and
   (ii) For all characteristic wastes, a
 description of the waste as initially
 generated, including the applicable EPA
 Hazardous Waste Number(s), treatability
 group (s), and underlying hazardous
 constituents.
 *****
   (3) For characteristic wastes whose
 ultimate disposal will be into a Class I
 nonhazardous injection well, and
 compliance with the treatment
 standards found in § 268.48 for
 underlying hazardous constituents is
 achieved through pollution prevention
 that meets the criteria set out at 40 CFR
 148.l(d), the following information
 must also be included:
   (i) A description of the pollution
 prevention mechanism and when it was
 implemented if already complete;
   (ii) The mass of each underlying
 hazardous constituent before pollution
 prevention;
   (iii) The mass of each underlying
 hazardous constituent that must be
 removed, adjusted to reflect variations
 in mass due to normal operating
 conditions; and
   (iv) The mass reduction of each
 underlying hazardous constituent that is
 achieved.
   (e) For decharacterized wastes
 managed on-site in a wastewater
 treatment system subject to the Clean
 Water Act (CWA) or zero-dischargers
 engaged in CWA-equivalent treatment,
 compliance with the treatment
 standards found at § 268.48 must be
 monitored quarterly, unless the
 treatment is aggressive biological
 treatment, in which case compliance
 must be monitored annually.
 Monitoring results must be kept in on-
 site files for 5 years.
   (f) For decharacterized wastes
 managed on-site in a wastewater
 treatment system subject to the Clean
 Water Act (CWA) for which all
 underlying hazardous constituents (as
 defined in § 268.2), are addressed by a
 CWA permit, this compliance must be
 documented and this documentation
must be kept in on-site files.
  (g) For characteristic wastes whose
ultimate disposal will be into a Class I
nonhazardous injection well which
 qualifies for the de minimis exclusion
 described in § 268.1, information
 supporting that qualification must be
 kept in on-site files.

 §§ 268.10-268.12 [Removed and Reserved]
   14. Sections 268.10 through 268.12
 are removed and reserved.
   15. Section 268.39 is added to subpart
 C to read as follows:

 § 268.39  Waste specific prohibitions—End-
 of-pipe CWA, CWA-equivalent, and Class I
 nonhazardous injection well treatment
 standards; spent aluminum potliners; and
 carbamate wastes.
   (a) On July 8,1996, the wastes
 specified in 40 CFR 261.32 as EPA
 Hazardous Waste numbers K156-K161;
 and in 40 CFR 261.33 as EPA Hazardous
 Waste numbers P127, P128, P185, P188-
 P192, P194, P196-P199, P201-P205,
 U271, U277-U280, U364-U367, U372,
 U373, U375-U379, U381-U387, U389-
 U396, U400-U404, U407, and U409-
 U411 are prohibited from land disposal.
 In addition, soil and debris
 contaminated with these wastes are
 prohibited from land disposal.
  (b) On July 8,1996 the wastes
 identified in 40 CFR 261.23 as D003 that
 are managed in systems other than those
 whose discharge is regulated under the
 Clean Water Act (CWA), or that inject in
 Class I deep wells regulated under the
 Safe Drinking Water Act (SDWA), or
 that are zero dischargers that engage in
 CWA-equivalent treatment before
 ultimate land disposal, are prohibited
 from land disposal. This prohibition
 does not apply to unexploded ordnance
 and other explosive devices which have
 been the subject of an emergency
 response (such D003 wastes are
 prohibited unless they meet the
 treatment standard of DEACT before
 land disposal (see § 268.40)).
  (c) On July 8,1996, the wastes
 specified in 40 CFR 261.32 as EPA
 Hazardous Waste number K088 are
 prohibited from land disposal. In
 addition, soil and debris contaminated
 with these wastes are prohibited from
 land disposal.
  (d) On April 8,1998, decharacterized
 wastes managed in surface
 impoundments whose discharge is
 regulated under the Clean Water Act
 (CWA), or decharacterized wastes
managed by zero dischargers in surface
impoundments or tanks that engage in
 CWA-equivalent treatment before
ultimate land disposal are prohibited
from land disposal. The following are
exceptions to this requirement:
  (1) Surface impoundments which are
permitted under subtitle C of RCRA;
  (2) Storm water impoundments as
defined in § 268.2;

-------
15600      Federal Register /Vol. 61, No.  68 •/ Monday,' April 8, 1996  /Rules and Regulations
  (3) Surface impoundments which are,
part of facilities in the pulp, paper, and
paperboard industrial category.
  (e) On April 8,1998, Radioactive
wastes mixed with K088, K156-K161,.
P127, P128, P185, P188-P192, P194,
P196-P199, P201-P205, U271, U277-
U280, U364-U367, U372, U373, U375-
U379, U381-U387, U389-U396,' U400-
U404, and U407, U409-U411 are also
prohibited from land,disposal. In
addition, soil and'debris contaminated
with these radioactive mixed wastes are
prohibited from land disposal.
  (f) Between July 8,1996 and April 8,
1998, the wastes included in paragraphs
(a), (b), (c), and (e) of this section may
be disposed in a landfill or surface
impoundment, only if such unit is in
compliance with the requirements
specified in § 268.5(h)(2).
  (g) The requirements of paragraphs
(a), .(b), (c), (d), and (e) of this section do
not apply if:             ,       .
  (1) The wastes meet-the applicable
treatment standards specified in Subpart
D of this part;    .  .
  (2) Persons have been granted an
exemption from a prohibition pursuant
to a petition under § 268.6, with respect
to those wastes and units covered by the
petition;,   , ••            '•'  ' -
  (3) The wastes meet the applicable
alternate treatment standards
established pursuant to a petition
granted under § 268.44;
  (4) Persons have been granted an  .
extension to the effective date of a
prohibition pursuant to § 268.5, with
respect to these wastes covered by the
extension.
  (h) To determine whether a hazardous
waste identified in this section exceeds
the applicable treatment standards
specified in § 268.40, the initial
generator must test a sample of the
waste extract or the entire waste,
depending on whether the treatment
standards are expressed as
concentrations in the waste extract or
the waste, or the generator may use
knowledge  of the waste. If the waste
contains constituents in excess of the
applicable Subpart D levels, the waste is
prohibited from land disposal, and all
requirements of this part 268  are
applicable,  except as otherwise
specified.
  16. Section 268.40 is amended by
revising paragraph (e) and the table at
the end of § 268.40 to read as follows:

§268.40  Applicability of treatment
standards.
*     *    *    *    *
  (e) For characteristic wastes (D001-
D043) that are subject to treatment
standards in the following table
"Treatment Standards for Hazardous
Wastes," all underlying hazardous
constituents (as defined in § 268.2(i)) •
must meet Universal Treatment
Standards, found in § 268,48, "Table
UTS," prior to land disposal.
  (1) When these wastes are managed in
wastewater treatment systems regulated
by the Clean Water Act (CWA),    ,
compliance with the treatment
standards must be achieved no later
than "end-of-pipe" as defined in
§ 268.2(k); or
  (2) When these wastes are managed in
CWA-equivalent treatment systems and
tank-based systems that discharge onto
the land, compliance with the treatment
standards must be achieved no later
than the point the wastewater is
released to the land  (e.g., spray
irrigation, discharge to dry river beds,
placed into:evaporation ponds); or
  (3) When these wastes are managed in
Class I nonhazardous injection wells,
compliance with the treatment      .
standards must be achieved no later
than the well head; or
  (4) For all other, compliance with the
treatment standard must be met prior to
land disposal as defined in § 268.2(c).
*     *    *.    *    *     •

Treatment Standards for Hazardous
Wastes            .

-------
te
     Federal Register / Vol.  61, No. 68  / Monday, April 8, 1996 / Rules and Regulations     15601
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
               (Note: NA means not applicable.)
Waste code
nnrm
D006
D007
D008

Waste description and treatment/regulatory sub-
category1
Wastes that exhibit, or are expected to exhibit, the
characteristic of toxicity for barium based on the
extraction procedure (EP) in SW846 Method
1310.
Wastes that exhibit, or are expected to exhibit, the
characteristic of toxicity for cadmium based on
the extraction procedure (EP) in SW846 Method
1310.
Cadmium Containing Batteries Subcategory. (Note:
This subcategory consists of nonwastewaters
only).
Wastes that exhibit, or are expected to exhibit, the
characteristic of toxicity for chromium based on
the extraction procedure (EP) in SW846 Method
1310.
Wastes that exhibit, or are expected to exhibit, the
characteristic of toxicity for lead based on the ex-
traction procedure (EP) in SW846 Method 1310.
Lead Acid Batteries Subcategory (Note: This stand-
ard only applies to lead acid batteries that are
identified as RCRA hazardous wastes and that
are not excluded -elsewhere from regulation
under the land disposal restrictions of 40 CFR
268 or exempted under other EPA regulations
(see 40 CFR 266.80). This subcategory consists
of nonwastewaters only.).
Radioactive Lead Solids Subcategory (Note: these
lead solids include, but are not limited to, all
forms of lead shielding and other elemental
forms of lead. These lead solids do-not include
treatment residuals such as hydroxide sludges,
other wastewater treatment residuals, or inciner-
ator ashes that can undergo conventional pozzo-
lanic stabilization, nor do they include organo-
lead materials that can be incinerated and sta-
bilized as ash. This .subcategory consists of
nonwastewaters only).
Regulated hazardous constituent
Common name
Arsenic; alternate6 standard for
nonwastewaters only.
Barium 	
Cadmium 	
Cadmium 	
Chromium (Total) 	 	
Lead 	 ; 	
Lead; alternate6 standard for
nonwastewaters only.
Lead 	
Lead 	

CAS2 No.
7440-38-2
7440-39-3
7440-43-9
7440-43-9
7440-47-3
7439-92-1
7439-92-1
7439-92-1
7439-92-1
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
NA
100
1.0
NA
5.0
5.0
NA
NA
NA
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
5.0 mg/l TCLP
100 mg/l TCLP
1.0 mg/l TCLP
RTHRM
5.0 mg/l TCLP
5.0 mg/l EP
5.0 mg/l TCLP
RLEAD
MACRO

-------
go
            Federal  Register  /  Vol.  61,  No. 68  / Monday, April 8, 1996 / Rules and Regulations      15603
                                                                                   CO
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                (Note: NA means not applicable.)
Waste code
nniK
D016 	
nni7
nmfl
nniQ
D020 	
nnoi
nAoo
nfioQ
D024 	 	 	
D025 	
D026 v. 	 	 	 ...»
D027 • 	
nn9R
nnoQ


Waste description and treatment/regulatory sub-
category1
Wastes that are TC for Toxaphene based on the
TCLP in SW846 Method 1311.
Wastes that : are TC for 2,4-D (2,4-
Dichlorophenoxyacetic acid) based on the TCLP
in SW846 Method 1311.
Wastes that are TC for 2,4,5-TP (Silvex) based on
the TCLP in SW846 Method 131 1.
Wastes that are TC for Benzene .based on the
TCLP in SW846 Method 1311.
Wastes that are TC for Carbon tetrachloride based
on the TCLP in SW846 Method 1311.
Wastes that are TC for Chlordane based on the
TCLP in SW84.6 Method 1311..;
Wastes that are TC for Chlorobenzene based on
the TCLP in SW846 Method 1311.
Wastes that are TC for Chloroform based on the
TCLP in SW846 Method .1311.
Wastes that are TC for o-Cresol based on the
TCLP in SW846 Method 1311. -
Wastes that are TC for m-Cresol based on the
TCLP in SW846 Method 1 31 1 .
Wastes that are TC for p-Cresol based on the
TCLP in SW846 Method 1311. .
Wastes that are TC for Cresols (Total) based on
the TCLP in SW846 Method 1311.
Wastes that are TC for-p-Dichlorobenzene based
on the TCLP in SW846 Method 1311.
Wastes that are TC -for 1,,2-Dichloroethane based
on the TCLP in SW846 Method 131,1,
Wastes that are TC for1,1-Dichloroethylene based
on the TCLP in SW846 Method .131 1 .
Regulated hazardous constituent
Common name
Toxaphene 	 	
2,4-D (2,4-Dichlorophenoxyacetic
acid).
2,4,5-TP (Silvex) 	 ...
Benzene 	
Carbon tetrachloride 	
Chlordane (alpha and gamma iso-
mers).
Chlorobenzene 	
Chloroform 	 	 	
o-Cresol 	 	 	
m-Cresol (difficult to distinguish
from p-cresol).
p-Cresol (difficult to distinguish
from m-cresol).
Cresol-mixed isomers (Cresylic
acid)(sum of o-, m-, and p-cre-
sol concentrations).
p-Dichlorobenzene (1 ,4-
.Dichlorobenzene). •
1 ,2-Dichloroethane 	 	 ...
1 ,1-Dichloroethy)ene 	 	 	
"*•':" ' '
CAS 2 No.
8001-35-2
94-75-7
93-72-1
71-43-2
56-23-5
57-74-9
108-90-7
67-66-3.
:95-48-7
108-39-4
106-44-5
1319-77-3
106-46-7
107-06-2
75-35-4
Wastewaters
Concentration in
mg/!3;:or tech-
nology code4
BIODG or
CMBST8
CHOXD, BIODG,
or CMBST8
CHOXD or
CMBST8
0.14
and meet §268.48
standards8
0.057
and meet §268.48
standards8
0.0033
and meet §268.48
standards8
0.057
and meet §268.48
standards8
0.046
and meet §268.48
standards8
0.11
and meet §268.48
standards8
0.77
and meet §268.48
standards8
0.77
and meet §268.48
standards8
0.88
and meet §268.48
standards8
0.090
and meet §268.48
standards8
0.21
and meet §268.48
standards8
0.025
and meet §268.48
standards8
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
2.6
and meet §268.48
standards8
10
and meet §268.48
standards8
7.9
and meet §268.48
standards8
10
and meet §268.48
standards8
6.0
and, meet §268.48
standards8
0.26
and meet §268.48
standards8
6.0
and meet §268.48
standards8
6.0
and meet §268.48
standards8
5.6
and meet §268.48
standards8
5.6
and meet §268.48
standards8
5.6
and meet §268.48
standards8
11.2
and meet §268.48
standards8
6.0
and meet §268.48
standards8
6.0
and meet §268.48
standards8
6.0
and meet §268.48
.standards8,
                                                                                                    \
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-------
 0030


 D031






 D032


 D033


 D034


 D035 ,


 D036 .


 D037 .


 D038 .


 D039 .


D040 .


D041  .


D042 .


D043 .
 Wastes that are TC for 2,4-Dinitrotoloene based on
   the TCLP in SW846 Method 1311.

 Wastes that are TC for Heptachlor based on the
   TCLP in SW846 Method 1311.
 Wastes Jhat are TC for Hexachlorobenzene based
  on the TCLP in SW846 Method 1311.

 Wastes that are TC for Hexachlorobutadiene based
  on the TCLP in SW846 Method 1311.

 Wastes that are TC for Hexachloroethane based on
  the TCLP in SW846 Method 1311.

 Wastes that are TC for Methyl ethyl ketone based
  on the TCLP in SW846 Method 1311.

 Wastes that are TC for Nitrobenzene based on the
  TCLP in SW846 Method 1311.

 Wastes that are TC  for Pentachlorophenol based
  on the TCLP in SW846 Method 1311.

 Wastes that are TC  for Pyridine based  on the
  TCLP in SW846 Method 1311.

 Wastes that are TC for Tetrachloroethylene based
  on the TCLP in SW846 Method 1311.

 Wastes that are TC for Trichloroethylene based on
  the TCLP in SW846 Method 1311.

 Wastes that are TC for 2,4,5-Trichlorophenol based
  on the TCLP in SW846 Method 1311.

Wastes that are TC for 2,4,6-Trichlorophenol based
  on the TCLP in SW846 Method 1311.

Wastes that are TC for Vinyl chloride based on the
  TCLP in  SW846 Method 1311.
2,4-Dinitrotoluene 	
Heptachlor 	 „... 	 	 	
Heptachlor epoxide 	
Hexachlorobenzene 	
Hexachlorobutadiene 	
Hexachloroethane 	
Methyl ethyl ketone 	
Nitrobenzene 	
Pentachlorophenol 	
Pyridine 	 '. 	
Tetrachloroethylene 	
Trichloroethylene 	
2,4,5-Trichlorophenol 	
2,4,6-Trichlorophenol 	
Vinyl chloride 	

121-14-2
76-44-8
1024-57-3
118-74-1
87-68-3
67-72-1
78-93-3
98-95-3
87-86-5
110-86-1
127-18-4
79-01-6
95_95_4
88-06-2
75-01-4

0.32
and meet §268.48
standards8
00012
and meet §268.48
standards8
0016
and meet §268.48
standards8
0055
and meet §268.48
standards8
0055
and meet §268.48
standards8
0055
and meet §268.48
standards8
028
and meet §268.48
standards8
0068
and meet §268.48
standards8
0089
and meet §268.48
standards8
0014
and meet §268.48
standards8
0056
and meet §268.48
standards8
0054
and meet §268.48
standards8
0 18
and meet §268.48
standards 8
0035
and meet §268.48
standards8
027
and meet §268.48
standards8
140
and meet §268.48
standards8
0066
and meet §268.48
standards8
0066
and meet §268.48
standards8
10
and meet §268.48
standards8
56
and meet §268.48
standards8
30
and meet §268.48
standards8
36
and meet §268.48
standards8
14
and meet §268.48
standards8
74
and meet §268.48
standards8
16
and meet §268.48
standards8
60
and meet §268.48
standards8
60
and meet §268.48
standards8
74
and meet §268.48
standards8
74
and meet §268.48
standards8
60
and meet §268.48
standards8

-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                (Note: NA means not applicable.)
Waste code


Waste description and treatment/regulatory sub-
category1
j
F001, F002, F003, F004, and/or F005 solvent
wastes that contain any combination of one or
more .of the following spent solvents: acetone,
benzene, n-butyl alcohol, carbon disulfide, car-
bon tetrachloride, chlorinated fluoracarbons,
chlorobenzene, o-cresol, m-cresol, p-cresol,
cyclohexanone, o-dichlorobenzene, 2-
ethoxyethanol, ethyl acetate, ethyl benzene, ethyl
ether, isobutyl alcohol, rhethanol, methylene chlo-
ride, methyl ethyl ketone, methyl isobutyl ketone,
nitrobenzene, 2-nitropropane, pyridine,
tetrachloroethylene, toluene, 1,1,1-
trichloroethane, 1,1,2-trichloroethane, 1,1,2-
trichloro-1,2,2-trifluorethane, trichloroethane,
trichloromonofluouromethane, and/or xylenes [ex-
cept as specifically noted in other subcategories].
See further details of these listings in §261.31.
Regulated hazardous constituent
Common name
Acetone 	 	

n-Butyl alcohol '.. 	 .-. 	
Carbon disulfide 	
Carbon tetrachloride 	 	 	
Chlorobenzene . .. 	

m-Cresol (difficult to distinguish
from p-cresol);
p-Cresol (difficult to distinguish
from m-cresol).
Cresol-mixed isomers (Cresylic
acid) (sum of o-, m-, and p-cre-
sol concentrations.
Cyclohexanone 	 	 	 . 	 ....
o-Dichlorobenzene 	
Ethyl acetate 	 	 	
Ethyl benzene 	 	 	 	
Ethyl ether 	 	 	 	 	
Isobutyl alcohol 	 	
Methanol 	 	
Methylene chloride 	
Methyl ethyl ketone 	
Methyl isobutyl ketone .. 	

Pyridine 	 	 	 	 	
Tetrachloroethylene 	 	

1 1 1 -Trichlorethane 	 	 	
1.1 .2-Trichloroethane 	 	 .....
CAS2 No.
67-64-1
71-42-2
71-36-3
75-15-0
56-23-5
108-90-7
95-48-7
108-39-4
106-44-5
1319-77-3
108-94-1
95-50-1
141-78-6
100-41-4
60-29-7
78-83-1
67-56-1
75-9-2
78-93-3
108-10-1
98-95-3
110-86-1
127-18-4
108-88-3
71-55-6
79-00-5
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
0.28
0.14
5.6
3.8
0.057
0.057
0.11
0.77
0.77
0.88
0.36 .
0.088
0.34 :• '
0.057
0.12
5.6
5.6 '
0.089
0.28"
0.14
0.068
0.014
0.056
0.080
0.054
0.054
Nonwastewaters
Concentration in
mg/kg s unless
noted as "mg/l
TCLP"; or tech-
nology code
160
10
2.6
NA
6.0
6.0
T 5.6
5.6
5.6'
11.2'
1 NA
6.0
33
10
- 160 ""
170
NA'
:-'30
36
33 -
14- '•
16 "••-
6.6
10 -
6.0
6.0
,-W
'O5
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     Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations     15607
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

               (Note: NA means not applicable.)
Ul
Waste code
pmn
Ff)11
FD19
FD1Q

Waste description and treatment/regulatory sub-
category1
Quenching bath residues from oil baths from metal
heat treating operations where cyanides are used
in the process.
Spent cyanide solutions from salt bath pot cleaning
from metal heat treating operations.
Quenching wastewater treatment sludges from
metal heat treating operations where cyanides
are used in the process.
Wastewater treatment sludges from the chemical
conversion coating of aluminum except from zir-
conium phosphating in aluminum can washing
when such phosphating is an exclusive conver-
sion coating process.
Regulated hazardous constituent
Common name
Cyanides (Total)7 	
Cyanides (Amenable) 7 	
Cadmium 	

Cyanides (Total)7 	
Cyanides (Amenable) 7 	

Nickel 	 	 	 	 	
Silver . 	
Cadmium 	

Cyanides (Total) 7 	 	
Cyanides (Amenable)7 	

Nickel .. 	
Silver 	
Chromium (Total) 	 ;....
Cyanides (Total)7 	
Cvanides fAmenablel 7 	
CAS2 No.
57-12-5
57-12-5
744CM3-9
7440-47-3
57-12-5
57-12-5
7439-92-1
7440-02-0
7440-22-4
7440-43-9
7440-47-3
57-12-5
57-12-5
7439-92-1
7440-02-0
7440-22-4
7440-47-3
57-12-5
57-12-5
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
.1.2
0.86
NA
2.77
1.2
0.86
0.69
3.98
NA
NA
2.77
1.2
0.86
0.69
3.98
NA
2.77
1.2
0.86
Nonwastewaters
Concentration in
mg/kg5 unless
noted as "mg/l
TCLP"; or tech-
nology code
590
30
0.19 mg/l TCLP
0.86 mg/l TCLP
590
30
0.37 mg/l TCLP
5.0 mg/l TCLP
0.30 mg/l TCLP
0.1 9 mg/l TCLP
0.86 mg/l TCLP
590
30
0.37 mg/l TCLP
5.0 mg/l TCLP
0.30 mg/l TCLP
0.86 mg/l TCLP
590.
30
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           Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations     15609
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

               (Note: NA means not applicable.)
Waste code
cnoR
F027 	 •— — 	


Waste description and treatment/regulatory sub-
category1
Condensed light ends from the production of cer-
tain chlorinated aliphatic hydrocarbons, by free
radical catalyzed processes. These chlorinated
aliphatic hydrocarbons are those having carbon
chain lengths ranging from one to and. including
five, with varying amounts and positions of chlo-
rine substitution. •
Spent filters and filter aids, and spent desiccant
wastes from the production of certain chlorinated
aliphatic hydrocarbons, by free radical catalyzed
processes. These chlorinated aliphatic hydro-
carbons are those having carbon chain lengths
ranging from one to and including five, with vary-
ing amounts and positions of chlorine substi-
tution. F025— Spent Filters/Aids and Desiccants
Subcategory.
Discarded unused formulations containing tri-, tetra-
-, or pentachlorophenol or discarded unused for-
mulations containing compounds derived from
these chlorophenols. (This listing does not in-
clude formulations containing hexachlorophene
synthesized from prepurified 2,4,5-trichlorophenol
as the sole component).
Regulated hazardous constituent
Common name
Nickel 	
Carbon tetrachloride 	
Chloroform . 	 • 	
1 2-Dichloroethane 	
1 1 -Dichloroethylene 	
Methylene chloride 	
•) -j 2-Trichloroethane . 	
Trichloroethylene 	 -. 	
Vinyl chloride 	
Carbon tetrachloride 	
Chloroform 	


Hexachloroethane 	
Methylene chloride 	 	
11 2-Trichloroethane 	 	 	
Trichloroethylene 	
Vinyl chloride 	
HxCDDs (All Hexachlorodibenzo-
p-dioxins).
HxCDFs (All
Hexachlorodibenzofurans).
PeCDDs (All Pentachlorodibenzo-
p-dioxins).
PeCDFs (All
Pentachlorodibenzofurans).
PentachloroDhenol 	 	 	 '..
CAS2 No.
7440-02-0
56-23-5
67-66-3
107-06-2
75-35-4
75-9-2
79-00-5'
79-01-6
75-01-4
56-23-5
67-66-3
118-74-1
87-68-3
67-72-1
75-9-2
79-00-5
79-01-6
75-01-^1
NA
NA
• NA
NA
87-86-5
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
3.98
0.057
0.046
0.21
0.025
0.089
0.054
0.054
0.27
0.057
0.046
0.055
0.055
0.055
0.089
0.054
0.054
0.27
0.059
0.059
:0.14
0.059
0.061
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
5.0 mg/l TCLP
6.0
6.0
6.0
6.0
30
6.0
6.0
6.0
6.0
6.0
10
5.6
30
30
6.0
6.0
6.0
NA
3.4
10
3.4
3.4
i-t
or
01
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F028,
F037
                                         Residues resulting from the incineration or thermal
                                           treatment of soil contaminated with EPA Hazard-
                                           ous Wastes Nos. F020, F021, F023, F026, and
                                           F027.
                                         Petroleum refinery  primary oil/water/solids separa-
                                          tion sludge—Any  sludge  generated  from  the
                                          gravitational separation of  oil/water/solids during
                                          the storage or treatment of process wastewaters
                                          and oily cooling wastewaters from petroleum re-
                                          fineries. Such sludges include, but are not limited
                                          to,  those generated in: oil/water/solids  separa-
                                          tors; tanks and impoundments; ditches and other
                                          conveyances; sumps;  and stormwater  units re-
                                          ceiving dry weather flow.  Sludge generated in
                                          stormwater units that do not receive dry weather
                                          flow, sludges generated from  non-contact once-
                                          through cooling waters  segregated for treatment
                                          from other process or oil cooling waters,  sludges
                                          generated  in  aggressive  biological   treatment
                                          units   as  defined  in  §261.31(b)(2)   (including
                                          sludges  generated in   one or more  additional
                                          units after wastewaters  have been treated in ag-
                                          gressive biological treatment  units)  and  K051
                                          wastes are not included in this  listing.
TCDOs (AH Tetrachlorodlbenzo-p-
dioxins).
TCDFs (All
Tetracholorodlbenzofurans).
2,4,5-Trichlorophenol 	
2,4,6-Trichlorophenol 	
2,3,4,6-Tetrachlorophenol 	
HxCDDs (All Hexachlorodibenzo-
p-dioxins).
HxCDFs (All
Hexachlorodibenzofurans).
PeCDDs (All Pentachlorodibenzo-
p-dioxins).
PeCDFs (All
Pentachlorodibenzofurans).
Pentachlorophenol 	
TCDDs (All Tetrachlorodibenzo-p-
dioxins).
TCDFs (All
Tetrachlorodibenzofurans).
2,4,5-Trichlorophenol 	
2,4,6-Trichlorophenol 	
2,3,4,6-Tetrachlorophenol 	
Acenaphthene 	
Anthracene 	
Benzene 	
Benz(a)anthracene 	 	 	
Benzo(a)pyrene 	
bis(2-Ethylhexyl) phthalate
Chrysene 	
Di-n-butyl phthalate 	
Ethylbenzene 	
Fluorene
Naphthalene 	
Phenanthrene 	
Phenol 	
Pyrene 	 	 	 	
NA
NA
95-95-4
88-06-2
58-90-2
NA
NA
NA
NA
87-86-5
NA
NA
95-95-4
88-06-2
58-90-2
83-32-9
120-12-7
71-43-2
56-55-3
50-32-8
117 81 7
218-01-9
84-74-2
100-41-4
86-73 7
91-20-3
85-01-8
1 08-95-2
129-00-0
0.28
0.059
0.057
0057
0059
0.059
0.059
0.039
0.067
0 080
0.32
2.77
1 2
069
3 98
0059
0059
0 14
0059
0061
0 28
0059
0057
0057
n (IRQ
0 059
0059
0039
0.067
28
3.4
28
10
NA
5.6
5.6
6.2
8.2
m
30
0.86 mg/l TCLP
590
NA
*> 0 mn/I TCI P
NA
34
10
34
34
9R
34
28
10
IU
Mi
56
56
62
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TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

                (Note: NA means not applicable.)
Waste code
Fms
i"
Waste description and treatment/regulatory sub-
category1
Petroleum refinery secondary (emulsified) oil/water/
solids separation sludge and/or float generated
from the physical and/or chemical separation of
oil/water/solids in process wastewaters and oily
cooling wastewaters from petroleum refineries.
Such wastes include; but are not limited to, all
sludges and floats generated in: induced air float-
ation (IAF) units, tanks and impoundments, and
all sludges generated in DAF units. Sludges gen-
erated in stormwater units that do not receive dry
weather flow, sludges generated from non-con-
tact once-through cooling waters segregated for
treatment" from other process or oily cooling wa-
ters, sludges and floats generated in aggressive
biological treatment units as defined in
§261.31(b)(2) (including sludges and floats gen-
erated in one or more additional units after
wastewaters have been treated in aggressive bi-
ological units) and F037, K048, and K051 are not
included in this listing.
)
Regulated hazardous constituent
Common name

Xylenes-mixed isomers (sum of o-
, m-, and p-xylene concentra-
tions).
Chromium (Total) 	
Cyanides (Total) 7 	 	

Nickel 	 	 	
Benzene 	

bis(2-Ethylhexyl) phthalate .; 	
Chrysene 	 	 	 .....
Di-n-butyl phthalate ....: 	
Ethylbenzene 	 	 	 	 	
Fluorene 	 	
Naphthalene 	 .•. 	 ...
Phenanthrene 	 	 	
Phenol 	

Toluene ; ... .......
Xylenes-mixed isomers (sum of o-
, m-, and p-xylene concentra-
• tions).
Chromium (Total) 	 	 	
Cyanides (Total)7 	 	
Lead " 	 	 	
Nickel 	 ..:.. 	 ...:....:...... 	
CAS 2 No.
108-88-3
1330-20-7
7440-47-3
57-12-5
7439-92-1
7440-02-0
71-43-2
50-32-8
117-81-7
218-01-9
84-74-2
100-41-4
86-73-7
91-20-3
85-01-8
108-95-2
129-00-0
108-88-3
1330-20-7
7440-47-3
57-12-5
7439-92-1
7440-02-0
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
0.080
0.32
2.77
1.2
0.69
3.98
0.14
0'.061
0.28
0.059
0.057
0.057
0.059
0.059
0.059
0.039
0.067
0.080
0.32
2.77
•1.2
0.69
'NA
Nonwastewaters
Concentration in
mg/kgs unless
noted as "mg/l
TCLP"; or tech-
nology code
10
30
0.86 mg/l TCLP
590
NA
5.0 mg/l TCLP
10
3.4
28'
3.4
28
10
NA
5.6
5.6
6.2
8.2
10
30
0.86 mg/l TCLP
590
NA
5.0 mg/t TCLP
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F039 ........
                                       Leachate (liquids that have percolated through land
                                         disposed wastes) resulting  from the disposal of
                                         more than one restricted waste classified as haz-
                                         ardous under sufopart D of this part. (Leachate
                                         resulting from the disposal of one or more of the
                                         following EPA Hazardous Wastes and no other
                                         Hazardous Wastes retains its EPA Hazardous
                                         Waste  Number(s):  F020,  F021,  F022,  F026,
                                         F027, and/or F028.).
Acenaphthylene
                                                                                      Acenaphthene	
                                                                                      Acetone	:
                                                                                      Acetonitrile 	
                                                                                      Acetophenpne	
                                                                                      2-Acetylaminofluorene 	
                                                                                      Acrolein	
                                                                                      Acrylonitrile	
                                                                                      Aldrin	
                                                                                      4-AminobiphenyI	
                                                                                      Aniline  	
                                                                                      Anthracene	
                                                                                      Aramite	
                                                                                      alpha-BHC 	
                                                                                      beta-BHC 	
                                                                                      delta-BHC	
                                                                                      gamma-BHC  	
                                                                                      Benzene 	
                                                                                      Benz(a)anthracene	
                                                                                      Benzo(b)fluoranthene  (difficult  to
                                                                                       distinguish               from
                                                                                       benzo(k)fluoranthene.
                                                                                      Benzo(b)fluoranthene  (difficult  to
                                                                                       distinguish               from
                                                                                       benzo(k)fluoranthene.
                                                                                      Benzo(g,h,i)perylene	
                                                                                      Benzo(a)pyrene	
                                                                                      Bromodichloromethane	
                                                                                      Methyl bromide (Bromomethane) .
                                                                                      4-Bromophenyl phenyl ether	
                                                                                      n-Butyl alcohol 	
                                                                                      Butyl benzyl phthalate	
                                                                                      2-sec-Butyl-4,6-dinitrophenol
                                                                                       (Dinoseb).
                                                                                      Carbon disulfide	
                                                                                      Carbon tetrachloride 	
                                                                                      Chlordane (alpha and gamma iso-
                                                                                       mers).
                                                                                      p-Chloroaniline	
                                                                                     Chlorobenzene	
                                                                                     Chlorobenzilate	
                                                                                     2-Chloro-1,3-butadiene	
                                                                                     Chlorodibromomethane	
                                                                                     Chloroethane  	
                                                                                     bis(2-Chloroethoxy)methane	
                                                                                     bis(2-Chloroethyl)ether	
                                                                                     Chloroform 	
                                                                                     bis(2-Chloroisopropyl)ether	
                                                                                     p-Chloro-m-cresol  	
                                                                                     Chloromethane (Methyl chlorida)..
                                                                                     2-Chloronaphthalene	
208-96-8
                                  83-32-9
                                  67-64-1
                                  75-05-8
                                  96-86-2
                                  53-96-3
                                 107-02-8
                                 107-13-1
                                 309-00-2
                                  92-67-1
                                  62-53-3
                                 120-12-7
                                 140-57-8
                                 319-84-6
                                 319-85-7
                                 319-86-8
                                  58-89-9
                                  71-43-2
                                  56-55-3
                                 205-99-2
                                 207-08-9
                                 191-24-2
                                 50-32-8
                                 75-27-4
                                 74-83-9
                                 101-55-3
                                 71-36-3
                                 85-68-7
                                 88-85-7

                                 75-15-0
                                 56-23-5
                                 57-74-9

                                 106-47-8
                                 108-90-7
                                 510-15-6
                                 126-99-8
                                 124-48-1
                                 75-00-3
                                 111-91-1
                                 111-44-4
                                 67-66-3
                               39638-32-9
                                 59-50-7
                                 74-87-3
                                 91-58-7
0.059
                  0.059
                  0.28
                   5.6
                  0.010
                  0.059
                  0.29
                  0.24
                  0.021
                  0.13
                  0.81
                  0.059
                  0.36
                0.00014
                0.00014
                  0.023
                 0.0017
                  0.14
                  0.059
                  0.11
                                                   0.11
                 0.0055
                 0.061
                  0.35
                  0.11
                 0.055
                  5.6
                 0.017
                 0.066

                  3.8
                 0.057
                 0.0033

                  0.46
                 0.057
                  0.10
                 0.057
                 0.057
                  0.27
                 0.036
                 0.033
                 0.046
                 0.055
                 0.018
                  0.19
                 0.055
3.4




3.4
160
38
9.7
140
NA
84
0.066
NA
14
3.4
NA
0.066
0.066
0.066
0.066
10
3.4
6.8



6.8
1.8
3.4
15
15
15
2.6
28
2.5
4.8 mg/l TCLP
6.0
0.26

16
6.0
NA
0.28
15
6.0
7.2
6.0
6.0
7.2
14
30
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TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                (Note: NA means not applicable.)
Waste code
• •

Waste description and treatment/regulatory sub-
category1
- ,
Regulated hazardous constituent
Common name

3-Chloropropylene 	

O-CreSOl . 	 	 	
m-Cresol (difficult to distinguish
from p-cresol).
p-Cresol (difficult to distinguish
from m-cresol).
1 ,2-Dibromo-e-chloropropane 	 	
Ethylene dibromide . (1 ,2-
Dibromoethane).
2,4-D (2,4-Dichlorophenoxyacetic
acid).
op'-DDD ." 	


p p'-DDE 	

pp'-DDT . 	
Dibenz(a h)anthracene 	

m-Dichlorobenzene 	

p-Dichlorobenzene 	
Dichlorodifluoromethane 	

1 2-Dichloroethane 	
1 1-Dichloroethylene 	 	
trans-1 2-Dichloroethylene 	
2 4-Dichiorophenol 	


cis-1 3-Dichloropropyiene 	
trans-1 3-Dichloropropyiene 	
Dieldrin
Diethyl phthalate 	
2-4-Dimethyl phenol 	






2 6-Dinitrotoluene 	
Di-n-octyl phthalate 	 	
ni-n-nronvlnitrosamine 	
CAS2 No.
95-57-8
107-05-1
218-01-9
95-48-7
108-39-4
106-44-5
108-94-1
96-12-8
106-93^
74-95-3
94-75-7
53-19-0
72-54-8
3424-82-6
72-55-9
789-02-6
50-29-3
53-70-3
192-65-4
541-73-1
95-50-1
106-46-7
75-71-8
75-34-3
107-06-2
75-55-4
156-60-5
120-83-2
87-65-0
78-87-5
10061-01-5
10061-02-6
60-57-1
84-66-2
105-67-9
131-11-3
84-74-2
100-25-4
.534-52-1
51-28-5
121-14-2
606-20-2
117-84-0
621-64-7
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
0.044
0.036
0.059
0.11
0.77
0.77.
0.36
0.11
0.028
0.11
0.72
0.023
0.023
0.031
0.031
0.0039
0.0039
0.055
0.061
0.036
0.088
0.090
0.23
0.059
0.21
0.025
0.054
0.044
0.044
0.85
0.036
0.036
0.017
0.20
0.036
0.047
0.057
0.32
0.28
0.12
0.32
0.55
0.017
0.40
Nonwastewaters
Concentration in
mg/kg5 unless
noted as "mg/l
TCLP"; or tech-
nology code
5.7
30
3.4
5.6
5.6
5.6
0.75 mg/l TCLP
15
15
15
10
0.87
0.087
0.087
0.087
0.087
0.087
8.2
NA
6.0
6.0
6.0
7.2
6.0
6.0
6.0
30
14
14
18
18
18
0.13
28
'. 14
28
28
2.3
160
160
140
28
28
14
01
05
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 1,4-Dioxane	
 Diphenyiamine (difficult to distin-
   guish from dlphenylnitrosamine)
 Diphenylnitrosamine  (difficult  to
   distinguish from diphenylamine).
 1,2-Diphenylhydrazine  ..„	
 Disulfoton	„	
 Endosulfan I	
 Endosulfan II	
 Endosulfan sulfate	
 Endrin  	
 Endrin  aldehyde	
 Ethyl acetate	
 Ethyl cyanide (Propanenitrile)	
 Ethyl benzene	
 Ethyl ether	
 bis(2-Ethylhexyl) phthalate	
 Ethyl methacrylate 	
 Ethylene oxide	
 Famphur	
 Fluoranthene	
 Fluorene	;	
 Heptachlor	
 Heptachlor epoxide	
 Hexachlorobenzene	
 Hexachlorobutadiene	
 Hexachlorocyclopentadiene	
 HxCDDs  (All  Hexachlorodibenzo-
  p-dioxins).
 HxCDFs                    (All
  Hexachlorodibenzofurans).
 Hexachloroethane	
 Hexachloropropylene	
 Indeno  (1,2,3-c.d) pyrene 	
 lodomethane	
 Isobutyl alcohol	'.	
 Isodrin  	
 Isosafrole	
 Kepone	......'	
 Methacrylonitrile	
 Methanol  	
 Methapyrilene  	
 Methoxychlor	
 3-Methylcholanthrene	
 4,4-Methylene bis(2-chloroaniline)
 Methylene chloride	
 Methyl ethyl ketone	
 Methyl isobutyl ketone	
 Methyl methacrylate	
 Methyl methansulfonate	
 Methyl parathion  	
 Naphthalene	
2-Naphthylamine	
 3-Nitroaniline	
 vlitrobenzene	
5-Nitro-o-toluidine	
 )-Nitrophenol	
 >J-Nitrosodiethylamine	
N-Nitrosodimethylamine	
 123-91-1
 122-33-4

 86-30-6

 122-66-7
 298-04-4
 939-98-8
33213-6-5
1-31-07-8
 72-20-8
7421-93-4
 141-78-6
 107-12-0
 100-41-4
 60-29-7
 117-81-7
 97-63-2
 75-21-8
 52-65-7
206-^4-0
 86-73-7
 76-44-8
1024-57-3
118-74-1
 87-68-3
 77-47-4
    NA

    NA

 67-72-1
1888-71-7
193-39-5
 74-88-4
 78-83-1
465-73-6
120-58-1
143-50-6
126-98-7
 67-56-1
 91-80-5
 72-43-5
56-49-5
101-14-4
75-09-2
78-93-3
108-10-1
80-62-6
66-27-3
298-00-0
91-20-3
91-59-8
100-01-6
98-95-3
99-55-8
100-02-7
55-18-5
62-75-9
   0.22
   0.92

   0.92

  0.087
  0.017
  0.023
  0.029
  0.029
 0.0028
  0.025
   0.34
   0.24
  0.057
   0.12
   0.28
   0.14
   0.12
  0.017
  0.068
  0.059
 0.0012
  0.016
  0.055
  0.055
  0.057
0.000063

0.000063

 0.055
 0.035
 0.0055
  0.19
   5.6
 0.021
 0.081
 0.0011
  0.24
   5.6
 0.081
  0.25
 0.0055
  0.50
 0.089
  0.28
  0.14
  0.14
 0.018
 0.014
 0.059
  0.52
 0.028
 0.068
  0.32
  0.12
 0.40
 0.40
170
13
13
1.5
6,2
0.066
0.13
. 0.13
0.13
0.13
33
360
10
160
28
160
NA
15
3.4
3.4
0.066
0.066
10
5.6
2.4
0.001


0.001
30
30
3.4
65
170
0.066
2.6
0.13
84
0.75 mg/l TCLP
1.5
0.18
15
30
30
36
33
160
NA
4.6
5.6
NA
28
14
28
29
28
2.3




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TREATMENT STANDARDS FOR HAZARDOUS .WASTES—Continued

                (Note: NA means not applicable.)
Waste code


Waste descn'ption and treatment/regulatory sub-
category1

Regulated hazardous constituent
Common name
N-Nitroso-di-n-butylamine 	
N-Nitrosomethylethylamine 	

N-Nitrosopiperidine .~. 	 	 > 	
N-Nitrosophyrrolidine 	 	
Parathion 	
Total PCBs (sum of all PCB iso-
mer, or all Aroclors).
Pentachlorobenzene 	 	
PeCDDs (All Pentachlorodibenzo-
p-dioxins).
PeCDFs (All
Pentachlorodibenzofurans).
Pentachloronitrobenzene 	
Pehtachlorophenol 	 	
Phenacetin 	 	 	 	 	
Phenanthrene 	 	


Phthalic anhydride 	



Safrole 	
Silvex (2 4 5-TP) 	 	 ...;... 	
245-T . . 	 	
124 5~Tetrachlorobenzene 	
TCDDs (All Tetrachlorodibenzo-p-
dioxins).
TCDFs (All
Tetrachlorodibenzofurans).
111 2-Tetrachloroethane 	
111 2-Tetrachloroethane 	
Tetrachloroethylene 	
234 6-Tetrachlorophenol 	


Bromoform (Tribromomethane) ....
12 4-Trichlorobenzene 	
1 1 1 -Trichloroethane 	 	 	
•j 1 2-Trichloroethane 	

Trichloromonofluoromethane 	
2 4 5-Trichlorophenol 	
2 4 6-Trichlorophenol 	
1 2 3-Trichloropropane 	
1,1,2-Trichloro-1,2,2-
trifluoroethane.
CAS2 No.
924-16-3
10595-95-6
59-89-2
100-75-4
930-55-2
56-38-2
1336-36-3
608-93-5
NA
NA
82-68-8
87-^86-5
62-44-2
85-01-8
108-95-2
298-02-2
85-44-9
23950-58-5
129-00-0
110-86-1
94-59-7
.93-72-1
93-76-5
95-94-3
NA
NA
630-20-6
79-34-6
127-18-4
58-90-2
108-88-3
8001-35-2
75-25-2
120-82-1
71-55-6
79-00-5
79-01-6
75-69-4
95-95-4
88-06-2
96-18-4
76-13-1
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
0.40
0.40
0.40
0.013
0.013
0.014
0.10
0.055
0.000063
0.000035
0.055
0.089
0.081
0.059
0.039
0.021
0.055
0.093
0.067
0.014
0.081
0.72
0.72
0.055
0.000063
0.000063
0.057
0.057
0.056
0.030
0.080
0.0095
0.63
0.055
0.054
0.054
0.054
0.020
0.18
0.035
0.85
0.057
Nonwastewaters
Concentration in
mg/kg5 unless
noted as "mg/l
TCLP"; or tech-
nology code
17
2.3
2.3
35
35
4.6
10
10
0.001
0.001
4.8
7.4
16
5.6
6.2
4.6
28
1.5
8.2
16
22
7.9
7.9
14
0.001
0.001
6.0
6.0
6.0
7.4
10
2.6
15
19
6.0
6.0
6.0
30
7.4
7.4
30
30
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 •o
 CD
 •*=
 O

 I
 LU
 co S

 §1
 cc *^
 cc £
 si
 sS
 DC f?
 CO
 LU
 OC

-------
 K019
 K020
K021
K022
K023
K024
K025 ,


K026.

K027.
                                          Heavy ends from the distillation of ethylene dichlo-
                                            ride in ethylene dichloride production..
                                          Heavy ends from the distillation of vinyl chloride in
                                            vinyl chloride monomer production.
                                         Aqueous  spent  antimony  catalyst  waste  from
                                            fluoromethanes production.
                                          Distillation bottom tars from the production of phe-
                                            nol/acetone from cumene.
                                         Distillation light ends from the production of phthalic
                                           anhydride from naphthalene.
                                         Distillation  bottoms from the production of phthalic
                                           anhydride from naphthalene.
Distillation   bottoms   from  the   production   of
  nitrobenzene by the nitration of benzene.

Stripping still  tails from  the production  of  methyl
  ethyl pyridines.
Centrifuge  and  distillation residues from toluene
  diisocyanate production.
1,1-Dichloroethane 	 	 „..
1 ,2-Dichloroethane 	 ..... .
Hexachlorobenzene 	
Hexachlorobutadiene ., 	
Hexachloroethane 	 	 	
Pentachloroethane 	
1,1,1-Trichloroethane 	
bis(2-Chloroethyl}ether 	
Chlorobenzene 	
Chloroform 	
p-Dichlorobenzene 	
1 ,2-Dichloroethane 	
Fluorene 	
Hexachloroethane . .
Naphthalene ....
Phenanthrene 	
1 ,2,4,5-Tetrachlorobenzene 	
Tetrachloroethylene 	
1 ,2,4-Trichlorobenzene 	
1,1,1-Trichloroethane ...
1 ,2-Dichloroethane 	
1 ,1 ,2,2-Tetrachloroethane 	
Tetrachloroethylene
Carbon tetrachloride 	
Chloroform 	
Antimony 	 	
Toluene 	
Acetophenone 	
Diphenylamine (difficult to distin-
guish from diphenylnitrosamine).
Diphenylnitrosamine (difficult to
distinguish from diphenylamine).
Phenol 	
Chromium (Total) 	
Nickel 	 , 	
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid).
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid).
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid).
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid).
NA 	
NA 	
NA 	

75-34-3
107-06-2
118-74-1
87-68-3
67 72-1
76-01-7
71-55-6
111-44-4
108-90-7
68-66-3
106-46-7
1 07-06-2
86-73-7
67-72 1
91-20-3
85-01-8
95_94_3
127-18-4
120-82-1
71-55-6
107-06-2
79_34_g
127 18-4
56-23-5
67-66-3
7440-36-0
108-88-3
96-86-2
122-39-4
86-30-6
1 08-95-2
7440-47-3
7440-02-0
100-21-0
85-44-9
100-21-0
85-44-9
NA
NA
NA

0.059
0.21
0.055
0.055
0055
NA
0054
0.033
0.057
0046
0090
021
0059
0055
0059
0059
0055
0056
0 055
0054
021
0057
0 056
0057
0046
1 9
0080
0010
0.92
0.92
0039
277
398
0.055
0.055
0.055
0.055
LLEXT fb SSTRP
fb CARBN; or
CMBST
CMBST
CARBN- or
CMBST
6.0
60
10
56
30
60
60
60
60
60
NA
60
NA
^n
^ R
56
MA
R n
1Q
R n
60
60
R n
60
60
2 1 mg/l TCLP
10
97
13
13
62
0 86 mg/l TCLP
5 0 mg/l TCLP
28
28
28
28
CMBST
CMBST
CMBST






Tl
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CD
sl

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en
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n
t— i
05
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/ Rules and Regulations

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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                (Note: NA means not applicable.)
Waste code
k(WR
Kn9Q
K030
wi*}i
K032 	
K033 . 	
K034 	

Waste description, and treatment/regulatory sub-
category1
Spent catalyst from the hydrochlorinator reactor in
the production of 1 ,1 ,1 -trichloroethane.
Waste from the product steam stripper in the pro-
duction of 1,1, 1 -trichloroethane.
Column bodies or heavy ends from the combined
production of • trichloroethyiene and
perchloroethylene.
By-product salts generated in the production of
MSMA and cacodylic acid.
Wastewater treatment sludge from the production
of chlordane.
Wastewater and scrub water from the chlorination
of cyclopentadiene in the production of chlordane.
Filter solids from the filtration of
hexachlorocyclopentadiene in the production of
chlordane.
Regulated hazardous constituent
Common name
1 ,1-Dichloroethane 	
trans-1 2-DichloroethyIene 	 	
Hexachlorobutadiene 	 	
Hexachloroethane 	 	 	
Pentachloroethane 	 ;....
•| -\ 1 2-Tetrachloroethane 	 ......
112 2-Tetrachloroethane . .......
Tetrachloroethylene
1 1 1 -Trichloroethane 	 	 	
•) 1 2-Trichloroethane 	

Chromium (Total) 	 	 	
Lead 	 	 	 	 	
Nickel 	
Chloroform 	 	 ....
1 2-Dichloroethane
1 1-Dichloroethylene 	
1 1 1 -Trichloroethane 	
Vinyl chloride 	
o-Dichlorobenzene 	 	
p-Dichlorobenzene 	 	
Hexachlorobutadiene 	
Hexachloroethane 	
Hexachloropropylene 	 	
Pentachlorobenzene 	 	 :..
Pentachloroethane 	 	 	 	
124 5-Tetrachlorobenzene . .....
Tetrachloroethylene . 	 ..
1 2 4-Trichlorobenzene 	
Arsenic 	 	 	 	 	
Hexachlorocyclopentadiene 	 ....
Chlordane (alpha and gamma iso-
mers).
Heptachlor 	 	 	 	

Hexachlorocyclopentadiene 	 	
Hexachlorocylopentadiene 	

CAS2 No.
75-34-3
156-60-5
87-68-3
67-72-1
76-01-7
630-20-6
79-34-6
127-18^1
71-55-6
79-00-5
7440-43-9
7440-47-3
7439-92-1
7440-02-0
67-66-3
107-06-2
75-35-4
71-55-6
75-01-1
95-50-1
106-46-7
87-68-3
67-72-1
1888-71-7
608-93-5
76-01-7
95-94-3
127-18-4
120-82-1
7440-38-2
77-47-4
57-74-9
76-44-8
1024-57-3
• 77-47-4
77-47-4
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
0.059
0.054
0.055
0.055
NA
0.057
0.057
0.056
0.054
0.054
0.69
2.77
0.69
3.98
0.046
0.21
0.025
0.054
0.27
0.088
0.090
0.055
0.055
NA
NA
NA
0.055
0.056
0.055
1.4
0.057
0.0033
0.00.12
0.016
0.057
0.057
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
6.0
30
5.6
30
6.0
6.0
6.0
6.0
6.0
6.0
NA
0.86 mg/l TCLP
0.37 mg/l TCLP
5.0 mg/l TCLP
6.0
6.0
6.0
6.0
6.0
NA
NA
5.6
30
30
10
6.0
14
6.0
19
5.0 mg/l TCLP
2.4
0.26
0.066
0.066
2.4
2.4
01
O9
tN5
a

                                                                                                      I
                                                                                                      I/I

                                                                                                      I
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                                                                                                      O)
                                                                                                      CO
                                                                                                       g.

                                                                                                       00
                                                                                                       CO
                                                                                                       CO
                                                                                                       C35
                                                                                                       I
                                                                                                       CD
                                                                                                       CO
                                                                                                       cf
                                                                                                       ft
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                                                                                                       CO

-------
 K035 .....
K036,

K037.


K038.

K039.


K040.

K041  .

K042  .
K043.
                                         Wastewater treatment sludges generated in the
                                           production of creosote.
Still bottoms from toluene reclamation distillation in
  the production of disulfoton.
Wastewater treatment sludges from the production
  of disulfoton.

Wastewater from  the washing and stripping of
  phorate production.
Filter     cake     from    the     filtration    of
  diethylphosphorodithioc acid in the production of
  phorate.
Wastewater treatment sludge from  the  production
  of phorate.
Wastewater treatment sludge from  the  production
  of toxaphene.
Heavy ends or distillation residues from the distilla-
  tion of  tetrachlorobenzene  in the  production of
  2,4,5-T.
                                        2,6-Dichlorophenol  waste from  the  production  of
                                          2,4-D.
Acenaphthene •« 	 	 	 ....
Anthracene 	
Benz(a)anthracene 	 	
Benzo(a)pyrene 	 „
Chrysene 	 	 	
o-Cresol 	
m-Cresol (difficult to distinguish
from p-cresol).
p-Cresol (difficult to distinguish
from m-cresol).
Dibenz(a,h)anthracene 	
Fluoranthene 	
Fluorene 	
lndeno(1,2,3-cd)pyrene 	
Naphthalene 	
Phenanthrene 	
Phenol 	
Pyrene 	
Disulfoton 	
Disulfoton 	
Toluene 	 	 	 .'. 	
Phorate 	
NA 	
Phorate 	
Toxaphene ...; 	
o-Dichlorobenzene ... 	 .". 	
p-Dichlorobenzene 	 	 	 	
Pentachlorobenzene 	 	 ."... ..
1 ,2,4,5-Tetrachlorobenzene
1 ,2,4-Trichlorobenzene 	
2,4-Dichlorophenoi 	
2,6-Dichlorophenol 	
2,4,5-Trichlorophenol 	 '. 	
2,4,6-Trichlorophenol 	
2,3,4,6-Tetrachlorophenol 	
Pentachlorophenol 	
Tetrachloroethylene 	
HxCDDs (All Hexachlorodibenzo-
p-dioxins).
HxCDFs (All
Hexachlorodibenzofurans).
PeCDDs (All Pentachlorodibenzo-
p-dioxins).
PeCDFs (All
Pentachlorodibenzofurans).
TCDDs (All Tetrachlorodibenzo-p-
dioxins).
83-32-9
120-12-7
56-55-3
50-32-8
218-01-9
95-48-7
108-39-4
106-44-5
53-70-3
206-44-0
86-73-7
193-39-5
91-20-3
85-01-8
108-95-2
129-00-0
298-04-4
298-04-4
108-88-3
298-02-2
NA
298-02-2
8001-35-2
95-50-1
106-46-7
608-93-5
95-94-3
120-82-1
120-83-2
187-65-0
95-95-4
88-06-2
58-90-2
87-86-5
127-18-4
NA
NA
NA
NA
NA
NA
NA
0059
0061
n fl^Q
0 11
0.77
0.77
NA
n nfis
NA
NA
n ORQ
0059
0 039
n (is?
n my
n my
0080
0021
PARRM nr
CMBST
n noi
n nnos
0088
0090
0055
0055
0 055
0044
0044
0 18
0035
0030
0 f)RQ
0 056
0.000063
0.000063
0.000063
0.000035
0.000063
  3.4

  3.4
  3.4
  3.4
  3.4
  5.6
  5.6

  5.6

  8.2
  3.4
  3.4
  3.4
  5.6
  5.6
  6.2
  8.2
  6.2

  6.2

  10
  4.6

CMBST
  4.6

  2.6

  6.0


  6.0
  10
  14
  19
  14

  14
  7.4
  7.4
  7.4
  7.4
  6.0
 0.001

 0.001

 0.001

 0.001

 0.001
                                                                                                                                                                                 EL

                                                                                                                                                                                 8?
                                                                                                                                                                                S3.
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

                (Note: NA means not applicable.)
Waste code
K044
(
K045
K046
K047
K048
*.;:'•> ' •• " ." "
K049 ...

Waste description and treatment/regulatory sub-
category1
Wastewater treatment sludges from the manufac-
turing and processing of explosives.
Spent carbon from the treatment of wastewater
containing explosives.
Wastewater treatment sludges from the manufac-
turing, formulation and loading of lead-based initi-
ating compounds.
Pink/red water from TNT operations 	 	
Dissolved air flotation (DAF) float from the petro-
leum refining industry.
: - ,...-. ' _., . • .- - ' ' - . H '.
Slop oil emulsion solids from the petroleum refining
industry.
Regulated hazardous constituent
Common name
TCDFs . (All
Tetrachlorodibenzof u rans) .
NA 	
NA 	 	 	 	 	 	 	
Lead ...........................:...........-.......
NA ...„........:. 	 	 	 	 	
Benzene ..........;.......... 	 	 	 .....t
Benzo(a)pyrene 	
bis(2-Ethylhexyl) phthalate ............
Chrysene . 	
Di-n-butyl phthalate 	 	 .........
Ethylbenzene 	 	
Fluorene 	 	 	
Naphthalene 	
Phenanthrene 	 	 	 	 	 	
Phenol 	 	 	 	 	
Pyrene 	 	 	
"Toluene 	 	 	 	 .' 	
Xylenes-mixed isomers (sum of o-
, m-, and p-xylene concentra-
tions). :
Chromium (Total) 	
Cyanides (Total)7 	
Lead 	 t 	
Nickel 	 	 	
Anthracene 	 ;. 	 	 	 	
Benzene ...
•Behzo(a)pyrene 	
bis(2-Ethylhexyl) phthalate . ..
Carbon disulfide 	 	 	 	
Chrysene 	 	 	 ....
2 4-Dimethylphenol .. 	 .....
Ethylbenzene 	 	
Naphthalene 	 	 	 	 ;..". 	 	 	
Phenanthrene 	
Phenol 	 	
Pyrene 	
Toluene 	 	 	 	
Xylenes-mixed isomers (sum of o-
, m-, and p-xylene concentra-
tions).
CAS2 No.
NA
. NA
NA
7439-92-1 :
' NA v
.'71-43-2
50-32-8
117-81-7
218-01-9
84-74-2
100-41-4
86-73-7
91-20-3
85-01-8
108-95-2
129-00-0
108-88-33
1330-20^-7
7440-47-3
57-12-5
7439-92-1
7440-02-0
120-12-7
71-43-2
50-32-8
117-81-7
75-15-0
2218-01-9
105-67-9
100-41-4
91-20-3
85-01-8
108-95-2
129-00-0
108-88-3
1330-20-7
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
0.000063
DEACT
DEACT
0.69
DEACT
0.14
0.061
0.28
0.059
"0.057
0.057
0.059
0.059
'• 0.059
0.039
0.067
0.080
0.32
2.77
: 1.2
0.69
NA
0.059 <
0.14
0.061
0.28
3.8
0.059
0.036
0.057
0.059
0.059
0.039
0.067
0.080
0.32
Nonwastewaters
Concentration in
mg/kgs unless
noted as "mg/l
TCLP"; or tech-
nology code
0.001
DEACT
DEACT
0.37 mg/l TCLP
DEACT
10
3.4
28
3.4
28
10
NA '
5.6
5.6
• : 6.2
8.2
10
30
0.86 mg/l TCLP
590
NA
5.0 mg/l TCLP
3'.4
10
3.4
28
NA
3.4
NA
10
5.6
5.6
6.2
. 8.2
10
30
01
03

8
                                                                                                      (D

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                                                                                                      t—I

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-------
 K050 ....
 K051
K052
K060
                                       Heat exchanger bundle cleaning  sludge from the
                                         petroleum refining industry.
                                       API separator sludge from the petroleum refining
                                         industry.
                                       Tank bottoms (leaded) from the petroleum refining
                                         industry.
                                       Ammonia still lime sludge from coking operations ...
 Cyanides (Total)7
 Chromium (Total) .
 Lead	
 Nickel	
 Benzo(a)pyrene  ...
 Phenol	
 Cyanides (Total)7
 Chromium (Total) .
 Lead	
 Nickel 	
 Acenaphthene	
Anthracene	
Benz(a)anthracene	
Benzene 	
Benzo(a)pyrene	
bis(2-Ethylhexyl) phthalate	
Chrysene	
Di-n-butyl phthalate	
Ethylbenzene 	
Fluorene	
Naphthalene	
Phenanthrene  	
Phenol	
Pyrene	
Toluene	
Xylenes-mixed isomers (sum of o-
  ,  m-,  and p-xylene concentra-
  tions).
Cyanides (Total)7  	
Chromium (Total)	
Lead	
Nickel 	
Benzene 	
Benzo(a)pyrene	
o-Cresol	
m-Cresol  (difficult  to  distinguish
  from p-cresol).
p-Cresol  (difficult  to  distinguish
  from m-cresol).
2,4-Dimethylphenol	
Ethylbenzene 	
Naphthalene	:	
Phenanthrene  	
Phenol	
Toluene	
Xylenes-mixed isomers (sum of o-
  ,  m-, and p-xylene  concentra-
  tions).
Chromium (Total)	
Cyanides (Total)7  	
Lead	
Nickel	
Benzene  	
Benzo(a)pyrene	
Naphthalene	-..,	
Phenol	
  57-12-5
7440-47-3
7439-92-1
7440-02-0
  50-32-8

 108-95-2
  57-12-5
7440-47-3
7439-92-1
7440-02-0
  83-32-9

 120-12-7
  56-55-3
  71-43-2
  50-32-8
 117-81-7
2218-01-9
 105-67-9
 100-41-4
  86-73-7
  91-20-3
  85-01-8
 108-95-2
 129-00-0
 108-88-3
1330-20-7
 57-12-5
7440-47-3
7439-92-1
7440-02-0
 71-43-2

 50-32-8
 95-48-7
 108-39-4

 106-44-5

 105-67-9
 100-41-4
 91-20-3
 85-01-8
 108-95-2
 108-88-3
1330-20-7
7440-47-3
 57-12-5
7439-92-1
7440-02-0
 71-43-2
 50-32-8
 91-20-3
 108-95-2
  1.2
  2.77
  0.69
  NA
 0.061

 0.039
  1.2
  2.77
  0.69
  NA
 0.059

 0.059
 0.059
  0.14
 0.061
  0.28
 0.059
 0.057
 0.057
 0.059
 0.059
 0.059
 0.039
 0.067
  0.08
  0.32
  1.2
 2.77
 0.69
  NA
 0.14

 0.061
 0.11
 0.77

 0.77

 0.036
 0.057
 0.059
 0.059
 0.039
 0.08
 0.32
 2.77
  1.2
 0.69
  NA
' 0.14
 0.061
 0.059
 0.039
590
0.86 mgH TCLP
NA
5.0 mg/l TCLP
3.4
6.2
590
0.86 mg/l TCLP
NA
5.0 mg/l TCLP
NA
3.4
3.4
10
3.4
28
3.4
28
10
NA
5.6
5.6
6.2
8.2
10
30



590
0.86 mg/l TCLP
NA
5.0 mg/l TCLP
10

3.4
5.6
5.6
5.6
NA
10
5.6
5.6
6.2
10
30

0.86 mg/l TCLP
590
NA
5.0 mg/l TCLP
10
3.4
5.6
6.2






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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
               (Note: NA means not applicable.)
Waste code
K061
K062
KnfiQ
K071
K073 	 	 	
K083

Waste description and treatment/regulatory sub-
category1
Emission control dust/sludge from the primary pro-
duction of steel in electric furnaces.
Spent pickle liquor generated by steel finishing op-
erations of facilities within the iron and steel in-
dustry (SIC Codes 331 and 332).
Emission control dust/sludge from secondary lead
smelling.— Calcium Sulfate (Low Lead) Sub-
category.
Emission control dust/sludge from secondary lead
smelling— Non-Calcium Sulfate (High Lead) Sub-
category.
K071 (Brine purification muds from the mercury cell
process in chlorine production, where separately
prepurified brine is not used) nonwastewaters
that are residues from RMERC.
K071 (Brine purification muds from the mercury cell
process in chlorine production, where separately
prepurified brine is not used) nonwastewaters
that are not residues from RMERC. ; .
All K071 wastewaters 	
Chlorinated hydrocarbon waste from the purification
step of the diaphragm cell process using graphite
anodes in chlorine production.
Distillation bottoms from aniline production 	

: Regulated hazardous constituent
Common name
Cyanides (Total) 7 	
Antimony 	 	 	 	 	
Arsenic 	 	 	
Barium 	
Beryllium 	 	 	 	
Cadmium 	 	 	 	 	 	
Chromium (Total) 	
Lead .- > 	 ...
Mercury . 	
Nickel . 	 :. 	
Selenium 	 .-. 	
Silver 	 	 	 	 	 	
Thallium 	 ...
Zinc 	 	 	
Chromium (Total) 	
Lead 	 	 	 	 	
Nickel 	 	 	
Cadmium 	
Lead 	 	 	
NA 	 	 	
Mercury 	 .'. 	
Mercury . .. 	 	
Mercury 	 	 	
Carbon tetrachloride 	 	 	
Chloroform 	
Hexachloroethane 	
Tetrachloroethylene 	
1 1 1 -Trichloroethane . .,...
Aniline 	 	 	
Benzene 	 	 	 	
Cvclohexanone 	 	 	 	 	
CAS2 No.
57-12-5
7440-36-0
7440-38-2
7440-39-3
7440-41-7
7440-43-9
7440-47-3
7439-92-1
7439-97-6
7440-02-0
7782-49-2
7440-22-4
7440-28-0
7440-66-6
7440-47-3
7439-92-1
7440-02-0
7440-43-9
7439-92-1
NA
7439-97-6
7439-97-6
7439-97-6
56-23-5
67-66-3
67-72-1 .
127-18-4
71-55-6
62-53-3
71-43-2
108-94-1
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
1.2
NA
NA
;.NA
NA
0.69
2.77
0.69
NA
3.98
NA
NA
NA
'NA
277
0.69
3.98
0.69
0.69
NA
NA
•NA
0.15
0.057
0.046
0.055
0.056
0.054
0.81
0.14
0.36
Nonwastewaters
Concentration in
mg/kgs unless
noted as "mg/l
TCLP"; or tech-
nology code
590
2.1 mg/l TCLP
5.0 mg/l TCLP
7.6 mg/l TCLP
0.014 mg/l TCLP
0.1 9 mg/l TCLP .
0.86 mg/l TCLP
0.37 mg/l TCLP
0.025 mg/l TCLP
5.0 mg/l TCLP
0.1 6 mg/l TCLP
0.30 mg/l TCLP
0.078 mg/l TCLP
5.3 mg/l TCLP
0.86 mg/l TCLP
0.37 mg/l TCLP
5.0 mg/l TCLP
0.1 9 mg/l TCLP
0.37 mg/l TCLP
RLEAD
0.02 mg/l TCLP
0.025 mg/l TCLP
.NA
6.0
'?< ; ,
6.0
30
6.0
6.0
14
10
NA

-------
K084.


K085.
K086
K087
Wastewater  treatment  sludges  generated  during
  the production of veterinary Pharmaceuticals from
  arsenic or organo-arsenic compounds.
Distillation or fractionation column bottoms from the
  production of chlorobenzenes.
                                       Solvent wastes and  sludges, caustic washes and
                                         sludges, or water washes  and  sludges  from
                                         cleaning tubs and  equipment used in the formu-
                                         lation of ink from  pigments, driers,  soaps, and
                                         stabilizers containing chromium and lead.
                                       Decanter tank tar sludge from coking operations ....
Djphenylamine (difficult to distin-
  guish from diphenylnitrosamine).
Diphenylnitrosamine  (difficult  to
  distinguish from dlphenylamine).
Nitrobenzene	
Phenol	„	
Nickel	
Arsenic	
                                                                                       Benzene
                                               Chlorobenzene	
                                               m-Dichlorobenzene	
                                               o-Dichlorobenzene	
                                               p-Diehlorobenzene	
                                               Hexachlorobenzene ...:	
                                               Total PCBs (sum of all PCB iso-
                                                 mers, or all Aroclors).
                                               Pentachlorobenzene	
                                               1,2,4,5-Tetrachlorobenzene	
                                               1,2,4-TrichIorobenzene	
                                               Acetone	
                                               Acetophenone	
                                               bis(2-Ethylhexyl phthalate	
                                               n-Butyl alcohol 	
                                               Butylbenzyl phthalate	
                                               Cyclohexanone	
                                               o-Dichlorobenzene	
                                               Diethyl phthalate	
                                               Dimethyl phthalate	
                                               Di-n-butyl phthalate	
                                               Di-n-octyl phthalate	
                                               Ethyl acetate	
                                               Ethylbenzene 	
                                               Menthanol	
                                               Methyl ethyl  ketone	
                                               Methyl isobutyl ketone	
                                               Methylene chloride	
                                               Naphthalene	
                                               Nitrobenzene	
                                               Toluene	
                                               1,1,1-Trichloroethane	
                                               Trichloroethylene	
                                               Xylenes-mixed isomers (sum of o-
                                                 ,m-,  and  p-xylene concentra-
                                                 tions).
                                               Chromium (Total)	
                                               Cyanides (Total)7 	
                                               Lead	
                                               Acenaphthylene	
                                               Benzene 	
                                               Chrysene	
                                               Fluoranthene	
                                               lndeno(1,2,3-cd)pyrene	
 122-39-4

 86-30-6

 98-95-3
 108-95-2
7440-02-0
7440-38-2


 71-43-2

 108-90-7
 541-73-1
 95-50-1
 106-46-7
 118-74-1
1336-36-3

 608-93-5
 95-94-3
 120-82-1
 67-64-1
                                                                                                                         96-86-2
                                                                                                                        117-81-7
                                                                                                                         71-36-3
                                                                                                                         85-68-7
                                                                                                                        108-94-1
                                                                                                                         95-50-1
                                                                                                                         84-66-2
                                                                                                                        131-11-3
                                                                                                                        -84-74-2
                                                                                                                        117-84-0
                                                                                                                        141-78-6
                                                                                                                        100-41-4
                                                                                                                         67-56-1
                                                                                                                         78-93-3
                                                                                                                        108-10-1
                                                                                                                         75-09-2
                                                                                                                         91-20-3
                                                                                                                         98-95-3
                                                                                                                        108-88-3
                                                                                                                         71-55-6
                                                                                                                         79-01-6
                                                                                                                       1330-20-7
                                7440-47-3
                                  57-12-5
                                7439-92-1
                                 208-96-8
                                  71-43-2
                                 218-01-9
                                 206-44-0
                                 193-39-5
 0.92

 0.92

0.068
0.039
 3.98
 1.4
                                                    0.14

                                                   0.057
                                                   0.036
                                                   0.088
                                                   0.090
                                                   0.055
                                                    0.10

                                                   0.055
                                                   0.055
                                                   0.055
                                                    0.28
                                                   0.010
                                                   0.28
                                                    5.6
                                                   0.017
                                                   0.36
                                                   0.088
                                                   0.20
                                                   0.047
                                                   0.057
                                                   0.017
                                                   0.34
                                                   0.057
                                                    5.6
                                                   0.28
                                                   0.14
                                                   0.089
                                                   0.059
                                                   0.068
                                                   0.080
                                                   0.054
                                                   0.054
                                                   0.32
                   2.77
                   1.2
                   0.69
                  0.059
                   0.14
                  0.059
                  0.068
                 0.0055
13
13
14
6.2
5.0 mg/l TCLP
5.0 mg/l TCLP

10

6.0
6.0
6.0
6.0
10
: " ". 10
10
14
19
160


9.7
28
2.6
28
NA
6.0
28
28
28
28
33
10
NA
36
33
30
5.6
14
10
6.0
6.0
30


0.86 mg/l TCLP
590
0.37 mg/l TCLP
3.4
10
3.4
3.4
3.4




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TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                (Note: NA means not applicable.)
Waste code
K088 	 	
rO,V ; ' ;• • ; ' • ' [
K093 ...:. 	 :......... 	 	 	 	 	
K094 ,. 	 	 	 	 	 	 	

Waste description and treatment/regulatory sub-
category1
Spent potliners from primary aluminum reduction ...
Distillation light ends from the production of phthalic
anhydride from ortho-xylene.
. Distillation bottoms from the production of phthalic
anhydride from ortho-xylene.
Regulated hazardous constituent
Common name
Naphthalene 	
Phenanthrene 	
Toluene 	
Xylehes-mixed isomers (sum of o-
, m-, and p-xylene concentra-
tions).
Lead . 	
Acenaphthene 	 	
Anthracene 	
Benz(a)anthracene 	
Benzo(a)pyrene 	
Benzo(b)fluoranthene 	 	
Benzo(k)fluoranthene 	
Benzo(g,h,i)perylene 	 	 	
Chrysene 	 	 - 	
Dibenz(a,h)anthracene 	 	 	
Fluoranthene 	
lndeno(1 ,2,3-c,d)pyrene 	 	 	
Phenanthrene 	 	
Pyrene 	 	 , 	 	 	
Antimony 	 	 	
Arsenic 	 	
Barium 	 	
Beryllium . 	
Cadmium 	 	 	 	 	 	
Chromium (Total) 	
Lead . 	 	 	 	
Mercury 	 	
Nickel 	 	 	 	
Selenium 	 	 	 .........
Silver 	 	 	
Cyanide (Total) 	
Cyanide (Amenable) 	
Fluoride 	
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid).
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid).
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid).
Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid).
CAS2 No.
91-20-3
85-01-8
108-88-3
1330-20-7
7439-92-1
83-32-9
120-12-7
56-55-3
50-32-8
205-99-2
207-08-9
191-24-2
218-01-9
53-70-3
206-44-0
193-39-5
85-01-8
129-00-0
7440-36-0
7440-38-2
7440-39-3
7440-41-7
7440-43-9
7440-47-3
7439-92-1
7439-97-6
7440-02-0
7782-49-2
7440-22-4
57-12-5
57-12-5
16984-48-8
100-21-0
85-44-9
100-21-0
85-44-9
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
0:059
0.059
0.080
0.32
0.69
0.059
0.059
0.059
0.061
0.11
O.i1
0.0055
0.059
0.055
0.068
0.0055
0.059
0.067
1.9
1.4
1.2
0.82
0.69
2.77
0.69 :
0.15
3.98
0.82
0.43
1.2
0.86
35
0.055
0.055
0.055
0.055
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
5.6
5.6
10
30
0.37 mg/l TCLP
3.4
3.4
3.4
3.4
6.8
6.8
1.8
3.4
8.2
3.4
3.4
5.6
8.2
2.1 mg/l TCLP
5.0 mg/l TCLP
7.6 mg/l TCLP
0.01 4 mg/l TCLP
0.1 9 mg/l TCLP
0.86 mg/l TCLP
0.37 mg/l TCLP
0.025 mg/l TCLP
5.0 mg/l TCLP
0.16 mg/l TCLP
0.30 mg/l TCLP
590
30
48 mg/l TCLP
28
28
28
28
ui
N
05
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K095.
K096,
K097.




K098.

K099.
K100.
K101
K102,
Distillation bottoms  from the production of 1,1,1-
  trictiloroethane.
Heavy ends from the heavy ends column from the
  production of 1,1,1-trichloroethane.
Vacuum  stripper discharge from  the chlordane
  chlorinator in the production of chlordane.
Untreated process wastewater from the production
  of toxaphene.
Untreated wastewater from the production of 2,4-D
Waste leaching solution from acid leaching of emis-
  sion control dust/sludge from  secondary  lead
  smelting.
                                        Distillation tar residues from the distillation of ani-
                                          line-based compounds in the production of veteri-
                                          nary Pharmaceuticals from arsenic or organo-ar-
                                          senic compounds.
                                        Residue from the use of activated carbon for decol-
                                          orization in the production of veterinary pharma-
                                          ceuticals  from arsenic  or  organo-arsenic com-
                                          pounds.
Hexachloroethane 	 	
Pentachloroethane 	
1,1,1 ,2-TetrachIoroethane 	
1 ,1 ,2,2-Tetraehloroethane 	
Tetrachloroethylene 	
1 ,1 ,2-Trichloroethane 	
Trichloroethylene 	 	 	
m-Dichlorobenzene 	
Pentachloroethane 	
1,1,1,2-Tetrachloroethane 	
1 ,1 ,2,2-Tetrachloroethane 	
Tetrachloroethylene 	
1 ,2,4-Trichlorobenzene 	
1 ,1 ,2-Trichloroethane 	
Trichloroethylene 	
Chlordane (alpha and gamma iso-
mers).
Heptachlor 	
Heptachlor epoxide 	 	 	
Hexachlorocyclopentadiene 	
Toxaphene 	
2,4-Dichlorophenoxyacetic acid ....
HxCDDs (All Hexachlorodibenzo-
p-dioxins).
HxCDFs (All
Hexachlorodibenzofurans).
PeCDDs (All Pentachlorodibenzo-
p-dioxins).
PeCDFs (All
Pentachlorodibenzofurans).
TCDDs (All Tetrachlorodibenzo-p-
dioxins).
TCDFs (All
Tetrachlorodibenzofurans).
Cadmium 	 	
Chromium (Total) 	
Lead 	
o-Nitroaniline 	
Arsenic 	
Cadmium 	
Lead 	
Mercury 	
o-Nitrophenol
Arsenic 	
Cadmium .. .
Lead 	 	 , 	
Mercury 	 	 	 	
67-72-1
76-01-7
630-20-6
79-34-6
127-18-4
79-00-5
79-01-6
541-73-1
76-01-7
630-20-6
79-34-6
127-18-4
120-82-1
79-00-5
79-01-6
57-74-9
76-44-8
1024-57-3
77-47-4
8001-35-2
94-75-7
NA
NA
NA
NA
NA
NA
7440-43-9
7440-47-3
7439-92-1
88-74-4
7440-38-2
7440-43-9
7439-92 1
7439-97-6
88-75-5
7440-38-2
7440-43-9
7439-92-1
7439-97-6
  0.055

  0.055
  0.057
  0.057
  0.056
  0.054
  0.054
  0.036

  0.055
  0.057
  0.057
  0.056
  0.055
  0.054
  0.054
 0.0033

 0.0012
  0.016
  0.057
 0.0095

  0.72
0.000063

0.000063

0.000063

0.000035

0.000063

0.000063

  0.69
                                                                                                    2.77
                                                                                                    0.69
                                                                                                    0.27
                                                                                                     1.4
                                                                                                    0.69
                                                                                                    0.69
                                                                                                    0.15
                                                                                                    0.028
                                                                                                                                             1.4
                                                                                                                                            0.69
                                                                                                                                            0.69
                                                                                                                                            0.15
      30

      6.0
      6.0
      6.0
      6.0
      6.0
      6.0
      6.0

      6.0
      6.0
      6.0
      6.0
      19
      6.0
      6.0
     0.26

     0.066
     0.066
      2.4
      2.6

      10
     0.001

     0.001

     0.001

     0.001

     0.001

     0.001

0.19 mg/l TCLP
                0.86 mg/l TCLP
                0.37 mg/l TCLP
                      14
                5.0 mg/l TCLP
                      NA
                      NA
                      NA
                      13
                                                                                                                   5.0 mg/l TCLP
                                                                                                                        NA
                                                                                                                        NA
                                                                                                                        NA
                                                                                                                                                                             CD
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
               (Note: NA means not applicable.)
Waste code
K103 . .
K104
K105 	 	 	
K106 . .
K107 . .... 	
K108 . . .......
K109 	

Waste description and treatment/regulatory sub-
" category1
Process residues from aniline extraction from the
production of aniline.
Combined wastewater . streams generated from
nitrobenzene/aniline production.
'i
Separated aqueous stream from the reactor prod-
uct washing step in the production of
chlorobenzenes.
K1 06 (wastewater treatment sludge from the mer-
cury cell process in chlorine production)
nonwastewaters that contain greater than or
equal to 260 mg/kg total mercury.
K106 (wastewater treatment sludge from the mer-
cury cell process in chlorine production)
nonwastewaters that contain less than 260 mg/kg
total mercury that are residues from RMERC.
Other K1 06 nonwastewaters that contain less than
260 mg/kg total mercury and are not residues
from RMERC.
All K106 wastewaters 	
Column bottoms from product separation from the
production of 1,1-dimethylhydrazine (UDMH)
from carboxylic acid hydrazides.
Condensed column overheads from product sepa-
ration and condensed reactor vent gases from
the production of 1,1-dimethylhydrazine (UDMH)
from carboxylic acid hydrazines.
Spent filter cartridges from product purification from
the production of 1,1-dimethyhydrazine (UDMH)
from carboxylic acid hydrazides.
Regulated hazardous constituent
- Common name
Aniline 	
Benzene 	
2 4-Dinitrophenol 	
Nitrobenzene 	
Phenol 	
Aniline 	
Benzene ... ....
2,4-Dinitrophenol 	 	 	 ....
Nitrobenzene „ 	 .........
Phenol 	
Cyanides (Total)7 	
Benzene "... 	 , 	 	 	 .'..
Chlorobenzene 	 	 , 	
2-Chlorophenol 	 	 	 	 ....... 	
o-Dichlorobenzene 	 	 .'. 	
p-bichlorobenzene .. * 	
Phenol 	 	 	 	
2 4 5-Trichlorophenol 	 	 	
2 4 6-Trichlorophenol . .. . ..
Mercury 	
Mercury 	 	 	
Mercury . ' .. .
Mercury 	 	 	 	
NA 	 	
NA 	 	 	
NA 	 	 	 	 	

CAS2 No.
62-53-3
71-43-2
51-28-5
98-95-3
108-95-2
62-53-3
71-43-2
51-28-5
98-95-3
108-95-2
57-12-5
71^t3-2
108-90-7
95-57-8
. 95-50-1
106-46-7
108-95-2
95-95-4
88-06-2
7439-97-6
7439-97-6
7439-97-6
7439-97-6
NA
NA
NA
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
0.81
0.14
0.12
0.068
0.039
0.81
0.14
0.12
0.068 .'
0.039
1.2
0.14
0.057
0.044
0.088
0.090
0.039 .
0.18
0.035
NA
NA
NA
0.15
CMBST; or
CHOXD fb
CARBN; or
BIODG fb CARBN
CMBST; or
CHOXD fb
CARBN; or
BIODG fb CARBN
CMBST; or
CHOXD fb
CARBN; or
BIODG fb CARBN
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
14
10
160
•1.4
6.2
14
10
'160
14
6.2
590
10:
/ 6.0
5.7
,6.0
e:o
6.2
7.4
7.4
RMERC
0.20 mg/l TCLP
0.025 mg/l TCLP
NA
CMBST
CMBST
CMBST

-------
             Federal Register / Vol.  61, No.  68 / Monday,  April 8, 1996 / Rules and Regulations      15629
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15630    Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations
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    Federal Register / Vol. 61, No. 68 / Monday, April 8,  1996 / Rules and Regulations      15631
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TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

                (Note: NA means not applicable.)
Waste code
K149 	
K150 . 	
K151 . . ...
K156 . 	
p
Waste description and treatment/regulatory sub-
category1
Distillation bottoms from the production of alpha-
(or methyl-) chlorinated toluenes, ring-chlorinated
toluenes, benzoyl chlorides, and compounds with
. mixtures of these functional groups. (This waste
does not include still bottoms from the distilla-
tions of benzyl chloride.).
Organic residuals, excluding spent carbon adsorb-
ent, from the spent chlorine gas and hydrochloric
acid recovery processes associated with the pro-
duction of alpha- (or methyl-) chlorinated
' toluenes, ring'-chlorinated toluenes, benzoyl
chlorides, and compounds with mixtures of these
functional groups.
Wastewater treatment sludges, excluding neutral-
ization and biological sludges, generated during
the treatment of wastewaters from the production
of alpha- (or methyl-) chlorinated toluenes, ring-
chlorinated toluenes, benzoyl chlorides, and com-
pounds with mixtures of these functional groups.
Organic waste (including heavy ends, still bottoms,
light ends, spent solvents, filtrates, and
deoantates) from the production of carbamates
and carbamoyl oximes.
Regulated hazardous constituent
Common name
Chlorobenzene 	 	
Chloroform 	 .-. 	
Chloromethane 	
p-Dichlorobenzene 	
Hexachlorobenzene 	
Pentachlorobenzene 	 	
124 5-Tetrachlorobenzene 	
Toluene 	 	
Carbon tetrachloride 	
Chloroform 	
Chloromethane 	
p-Dichlorobenzene 	



112 2-Tetrachlorotehane 	
Tetrachloroethylene 	 	 	

Benzene 	
Carbon tetrachloride 	
Chloroform 	
Hexachlorobenzene 	 •. 	
Pentachlorobenzene 	 ....
1 ,2,4,5-TetrachlorObenzene 	 	
Tetrachloroethylene 	 , 	

Acetone 	
Acetonitrile ....; 	 	
Acetophenone 	
Aniline 	 	 	
Benomyl 	 ...
Benzene 	 	 	
Garbaryl 	 	 	



Chlorobenzene 	
Chloroform . . . . i 	
o-Dichlorobenzene 	
Hexane 	
Methomyl . .. 	 	


Methyl isobutyl ketone i , 	
Naphthalene .
Phenol i
Pvridine 	
CAS2 No,
108-90-7
67-66-3
74-87-3
106-46-7
118-74-1
608-93-5
95-94-3
108-88-3
56-23-5
67-66-3
74-87-3
106-46-7
118-74-1
608-93-5
95-94-3
79-34-5
127-18-4
120-82-1
71-43-2
56-23-5
67-66-3
118-74-1
608-93-5
95-94-3
127-18-4
108-88-3
67-64-1
75-05-8
96-86-2
62-53-3
17804-35-2
71-43-2
63-25-21
10605-21 7
1563-66-2
55285-14-8
108-90-7
67-66-3
95-50-1
110-54-3
16752-77-5
75-09-2
78-93-3
108-10-1
91_20-3
108-95-2
110-86-1
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
0.057
0.046
0.19
0.090
0.055
0.055
0.055
0.080
0.057
0.046
0.19
0.090
0.055
0.055
0.055
0.057
0.056
0.055
0.14
0.057
0.046
0.055
0.055
0,055
0.056
0.080
0.28
5.6
0.010
0.81
0.056
0.14
0.006
0.056
0.006
0.028
0.057
0.046
0.088
0.611
0.028
0.089
0.28
0.14
0.059
0.039
0.014
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
6.0
6.0
30
6.0
10
10
14
10
6.0
6.0
30
6.0
10
10
14
6.0
6.0
19
10
6.0
6.0
10
10
14
6.0
10
160
1.8
9.7
14
1.4
10
0.14
1.4
0.14
1.4
6.0
6.0
6.0
10
0.14
30
36
33
5.6
6.2
16
en
0
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 K157..
 K158..
K159..
K160..
K161.
P001
                                         Wastewaters (Including scrubber waters, condenser
                                           waters, washwaters, and separation waters) from
                                           the  production  of carbamates  and  carbamoyl
                                           oximes.
                                         Bag house  dusts and filter/separation  solids from
                                           the  production of  carbamates  and  carbamoyl
                                           oximes.
                                         Organics  from  the  treatment of  thiocarbamate
                                           wastes.
                                         Solids  (including  filter wastes, separation  solids,
                                           and  spent  catalysts)  from the  production  of
                                           thiocarbamates  and solids from the treatment of
                                           thiocarbamate wastes.
                                         Purification solids (including  filtration, evaporation,
                                           and centrifugation  solids),  baghouse  dust and
                                           floor  sweepings  from   the   production   of
                                           dithiocarbamate acids and their salts.
                                        Warfarin, & salts, when present at concentrations
                                          greater than 0.3%.
Toluene 	 	 	 	
TriethyJamine 	 „.
Xylenes (total) 	
Acetone 	
Carbon tetrachlortde 	
Chloroform 	
Chloromethane 	
Methanol 	
Methomyl 	
Methylene chloride 	
Methyl ethyl ketone 	
Methyl isobutyl ketone 	
o-Phenylenediamine 	
Pyridine 	
Triethylamine 	
Benomyl 	
Benzene 	
Carbenzadim 	
Carbofuran 	
Carbosulfan 	
Chloroform 	
Hexane 	
Methanol 	
Methylene chloride 	
Phenol 	
Xylenes (total) 	
Benzene 	
Butylate 	
.EPTC (Eptam) 	
Molinate 	
Pebulate 	
Thiocarbamate, N.O.S 	
Vernolate
Butylate 	
EPTC (Eptam) 	
Molinate 	
Pebulate 	
Thiocarbamate, N.O.S 	
Toluene 	
Vernolate 	
Xylenes (total) 	
Antimony 	
Carbon disulfide 	
Dithiocarbamates, total 	
Lead 	
Nickel 	
Selenium 	
Xylenes (total) 	
Warfarin 	 	 	

108-88-3
121-44-8
1330-20-7
67-64-1
56-23-5
67-66-3
74-87-3
67-56-1
16752-77-5
75-09-2
78-93-3
108-10-1
95-54-5
110-86-1
121-44-8
17804-35-2
71-43-2
10605-21-7
1563-66-2
55285-14-8
67-66-3
110-54-3
67 56 1
75-09-2
108-95-2
1330-20-7
71-43-2
2008-41-5
759-94-4
2212-67-1
1114-71-2
NA
1929-77 7
2008-41-5
759-94-4
2212-67-1
1114-71-2
NA
108-88-3
1929-77-7
1330-20-7
7440-36-0
75-15-0
NA
7439-92-1
7440-02-0
7782-49-2
1330-20-7
81-81-2
0.080
0.081
0.32
0.28
0.057
0.046
0.19
5.6
0.028
0.089
0.28
0.14
0.056
0.014
0.081
0.056
0.14
0.056
0.006
0.028
0.046
0.611
5.6
0.089
0.039
0.32
0.14
0.003
0.003
0.003
0.003
0.003
0.003
0.003
0.003
0.003
0.003
0.003
0.080
0.003
0.32
1.9
3.8
0.028
0.69
3.98
0.82
0.32
(WETOX or
CHOXD) fb
CARBN; or
CBMST
10
1.5
30
160
6.0
6.0
30
0.75 mg/l TCLP
0.14
30
36
33
5.6
16
1.5
1.4
10
1.4
0.14
1.4
6.0
10
0.75 mg/l TCLP
30
6.2
30
10
1.5
1.4
1.4
1.4
1.4
1.4
1.5
1.4
1.4
1.4
1.4
10
1.4
30
2.1 mg/l TCLP
4.8 mg/l TCLP
28
0.37 mg/l TCLP
5.0 mg/l TCLP
016 mg/l TCLP
30
CMBST

-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

               (Note: NA means not applicable.)
w
Waste code
P002 . .
POOS
P004 	
POOS . . .
POQ6 	
P007
P008 	 	 	
P009
P010 	
P011 	
P012 	
P013 . .
P014 .. 	 	
P015 	
P016 	 	 	
P017 . 	
P018 . 	

Waste description and treatment/regulatory sub-
category1
1 -Acetyl-2-thiourea 	 	 	
Acrolein 	
Aldrin 	
Allyl alcohol 	
Aluminum phosphide 	
5-Aminomethyl e-isoxazoloe 	 	
4-Aminopyridine 	 	 .. 	
Ammonium picrate . . 	
Arsenic acid 	
Arsenic pentoxide 	 : 	
Arsenic trioxide 	
Barium cyanide 	 	 	
Thiophenol (Benzene thiol) 	
Beryllium dust 	 	 	
Dichloromethyl ether (Bis(chloromethyl)ether) 	
Bromoacetone 	
Brucine 	

Regulated hazardous constituent
Common name
1 -Acetyl-2-thiourea 	
Acrolein 	
Aldrin 	
Allyl alcohol 	
Aluminum phosphide 	
5-Aminomethyl e-isoxazoloe 	
4-Aminopyridine 	
Ammonium picrate 	 	 	
Arsenic 	
Arsenic 	
Arsenic 	 	 	
Barium 	
Cyanides (Total)7 	
Cyanides (Amenable)7 	 	
Thiophenol (Benzene thiol) 	
Beryllium 	 	 	 .....
Dichloromethyl ether 	
Bromoacetone 	
Brucine 	 	 	

CAS2 No.
591-08-2
107-02-8
309-00-2
107-18-6
20859-73-8
2763-96-4
504-24-5
131-74-8
7440-38-2
7440-38-2
7440-38-2
7440-39-3
57-12-5
57-12-5
108-98-5
7440-41 7
542-88-1
598-31-2
357-57-3
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
(WETOX or
CHOXD) fb
CARBN; or
CBMST
0.29
0.021
(WETOX or
CHOXD) fb
CARBN. or
CBMST
CHOXD; CHRED;
or CMBST
(WETOX or
CHOXD) fb
CARBN; or
CBMST
(WETOX or
CHOXD) fb
CARBN; or
CBMST
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
1.4
1.4
1.4
NA
1.2
0.86
(WETOX or
CHOXD) fb
CARBN; or
CBMST
RMETL, or
RTHRM
(WETOX or
CHOXD) fb
CARBN; or
CBMST
(WETOX or
CHOXD) fb
CARBN; or
CBMST
(WETOX or
CHOXD) fb
CARBN; or
CBMST
Nonwastewaters
Concentration in
mg/kgs unless
noted as "mg/l
TCLP"; or tech-
nology code
CMBST
CMBST
0.066
CMBST
CHOXD; CHRED;
or CMBST
CMBST
CMBST
CHOXD; CHRED;
or CMBST
50 mg/l TCLP
50 mg/l TCLP
50 mg/l TCLP
7.6 mg/l TCLP
590
30
CMBST
RMETL; or
RTHRM
CMBST
CMBST
CMBST
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               Federal Register  / Vol.  61, No. 68 / Monday, April 8,  1996 / Rules  and Regulations      15635
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

                (Note: NA means not applicable.)
Waste code
P046
P047 , 	
P048 ...
P049 . 	
P050 	
P051 	
P054
P056 	 	 	
P057 . ... 	 	 	
P058 	
P059 	
P060 . . .
P062 	
P063 	
P064 	
P065 . 	

Waste description and treatment/regulatory sub-
category1
alpha, alpha-Dimethylphenethylamine 	 	
4,6-Dinitro-o-cresol 	
4 6-Dinitro-o-cresol salts 	 , 	
2 4-Dinitrophenol 	
Dithiobiuret 	 , 	 ,.,..: 	
Endosulfan 	
Endrin 	 	 	
Aziridine 	
Fluorine 	
Fluoroacetarnide 	
Fluoroacetic acid, sodium salt 	
Heptachlor 	
Isodrin . 	
Hexaethyl tetraphosphate 	 	 	
Hydrogen cyanide 	
Isocyanic acid ethyl ester 	
Mercury fulminate nonwastewaters, regardless of
their total mercury content, that are not inciner-
. ator residues or are not residues from RMERC.
Regulated hazardous constituent
Common name
alpha, alpha-Dimethylphenethyl-
amine.
4,6-Dinitro-o-cresol 	
NA 	 	 	 .....
2,4-Dinitrophenol 	
Dithiobiuret 	 	
Endosulfan I 	
Endosulfan II 	 ; 	
Endosulfan sulfate 	
Endrin 	 , 	
Endrin aldehyde 	
Aziridine 	
Fluorine (measured in waste-
waters only).
Fluoroacetamide 	
Fluoroacetic acid, sodium salt 	
Heptachlor 	
Heptachlor epoxide 	
Isodrin 	 	 	
Hexaethyl tetraphosphate 	
Cyandies (Total)7 	 	 	
Cyanides (Amenable) 7 	 ....
Isocyanic acid, ethyl ester 	
Mercury 	

CAS2 No.
122-09-8
543-52-1
NA
51-28-5
541-53-7
939-98-8
33213-6-5
1031-07-8
72-20-8
7421-93-4
151-56-4
16964-48-8
640-19-7
62-74-8
76-44-8
1024-57-3
465-73-6
757-58-4
57-12-5
57-12-5
624-83-9
7439-97-6
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.28
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.12
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.023
0.029
0.029
0.0028
0.025
(WETOX or
CHOXD) fb
CARBN; or
CMBST
35
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.0012
0:01 6
0.021
CARBN; or
CMBST
1.2
0.86
(WETOX or
CHOXD) fb
CARBN; or
CMBST
NA
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
CMBST
160
CMBST
160
CMBST
0.066
0.13
0.13
0.13
0.13
CMBST
ADGAS fb
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CMBST
CMBST
0.066
0.066
0.066
CMBST
590
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         Federal Register / Vol.  61, No. 68 / Monday, April 8, 1996 / Rules  and Regulations     15637

RMERC

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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
               (Note: NA means not applicable.)
Waste code
P088
P089 . . .
P092
i
P093
P094 . .
P095
P096
P097 . . .
P098 . . . .
P099 	
P0101 . .... 	 	 	
P0102 . 	 ;.
P0103
P0104

®
Waste description and treatment/regulatory sub-
category1
Endothall 	
Parathion 	
Phenyl mercuric acetate nonwastewaters, regard-
less of their total mercury content, that are not in-
cinerator residues or are not residues from
RMERC.
Phenyl mercuric acetate nonwastewaters that are
either incinerator residues or are residues from
RMERC; and still contain greater than or equal to
260 mg/kg total mercury.
Phenyl mercuric acetate nonwastewaters that are
residues from RMERC and contain less than 160
mg/kg total mercury.
Phenyl mercuric acetate nonwastewaters that are
incinerator residues and contain less then 260
mg/kg total mercury.
All phenyl mercuric acetate wastewaters
Phenythiouea . .. 	 	
Phorate 	
Phosgene 	 	 	 	 	
Phosphine . . . . 	
Famphur 	 	 	 	
Potassium cyanide 	
Potassium silver cyanide 	 	 	
Ethyl cyanide (Propanenitrile) 	
Propargyl alcohol 	
Selenourea 	 	 	 	 	
Silver cyanide 	 	

Regulated hazardous constituent
Common name
Endothall 	 	 	
Parathion 	
Mercury 	
Mercury 	
Mercury 	 	 	
Mercury . 	
Mercury 	 	 	
Phenythiouea 	 	 	
Phorate ....„ 	 	 	
Phosgene 	 	 	 	
Phosphine 	
Famphur 	 	 	
Cyanides (Total)7 	
Cyanides (Amenable) 7 	
Cyanides (Total)7 	
Cyanides (Amenable) 7 	
Silver 	 	 	 	 	 ....
Ethyl cyanide (Propanenitrile) 	
Propargyl alcohol 	
Selenium 	
Cyanides (Total)7 	
Cyanides (Amenable) 7 	
Silver 	
CAS2 No.
145-73-3
56-38-2
7439-97-6
7439-97-6
7439-97-6
7439-97-6
7439-97-6
103-85-5
298-02-2
75-44-5
7803-51-2
52-85-7
57-12-5
57-12-5
57-12-5
57-12-5
7440-22-4
107-12-0
107 19-7
7782-49-2
57 12 5
57-12-5
7440-22-4
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.014
NA
NA
NA
NA
0.15
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.021
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD; CHRED;
or CMBST
0.017
1.2
.086
1.2
0.86
.043
0.24
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.82
1.2
0.86 "
0.43
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
CMBST
4.6
IMERC; or
RMERC
RMERC
0.20 mg/l TCLP
0.025 mg/l TCLP
NA
CMBST
4.6
CMBST
CHOXD; CHRED;
or CMBST
15
590
30
590
30
0.30 mg/l TCLP
360
CMBST
0.1 6 mg/l TCLP
590
30
0.30 mq/l TCLP

-------
P01 05 	 	 „ 	
P0106 	 „ 	

P01 08 	
P109 	
P110.. 	
P1 1 1 	
P112 	
P113 	
P114 	
P1 1 5 	
P1 1 6 	
P118 	
P119 	 ; 	
P120 	
P121 	

P122 	
P123 	
P127 	
P128 	
P185 	
P187 	
P188 	
P189 	
P190 	
P191 	
P192 	
P193 	
P194 	
P195 	
P196 	
P197 	
P198 	 	 	 	 	
P199 	
P200 	
P201 	
P202 	
Sodium azide 	 	 	 	 	
Sodium cyanide 	 „ 	

Strychnine and salts 	
Tetraethyldithiopyrophosphate 	
Tetraethyl lead 	 	 . 	
Tetraethylpyrophosphate 	 	
Tetranitromethane 	
Thallic oxide 	
Thallium selenite
Thallium (I) sulfate 	 	 	 , 	
Thiosemicarbazide
Trichloromethanethiol 	
Ammonium vanadate
Vandium pentoxide 	
Zinc cyanide

Zinc phosphide Zn3P2 when present at concentra-
tions greater than 1 0%.
Toxaphene 	
Carbofuran 	
Mexacarbate 	 	
Tirpate 	
Bendiocarb 	
Physostigimine salicylate
Carbosulfan 	
Metolcarb 	
Dimetilan 	
Isolan .
Thiophanate-methyl
Oxamyl 	
Thiodicarb 	
Oithiocarbamates (total) 	
Formparanate 	
Formetanate hydrochloride ....
Methiocarb 	
Propoxur 	
Promecarb 	 	 	
Hercules AC-5727 	 	
Sodium azide . 	 . 	 ........... 	 .
Cyanides (Total)7
Cyanides (Amenable)7 	
Strychnine and salts
Tetraethyldithiopyrophosphate
Lead
Tetraethylpyrophosphate
Tetranitromethane
Thallium (measured in waste-
waters only).
Selenium
Thallium (measured in waste-
waters only).
Thiosemicarbazide
Trichloromethanethiol
Vanadium (measured in waste-
waters only).
Vanadium (measured in waste-
waters only).
Cyanides (Total) 7
Cyanides (Amenable) 7 	
Zinc Phosphide
Toxaphene
Carbofuran
Mexacarbate
Tirpate
Bendiocarb
Physostigmine salicylate
Carbosulfan
Metolcarb
Dimetilan
Isolan
Thiophanate-methyl
Oxamyl
Thiodicarb
Dithiocarbamates (total)
Formparanate
Formetanate hydrochloride
Methiocarb
Propoxur
Promecarb
Hercules AC-5727 	
26628-22-8
57-12-5
57-12-5
57_24-9
3689-24-5
7439-92 1
107-49-3
509-14-8
7440-28-0
7782-49-2
7440-28-0
79_-]g_g
75-70-7
7440-62 2
7440-62 2
57 12 5
57-12-5
1314-84-7
8001-35-2
1563-66-2
315-18-4
26419-73-8
22781 23-3
57-64-7
55285-14-8
1129-41-5
644-64-4
119-38-0
23564-05-8
23135-22-0
59669-26-0
NA
17702 57 7
23422-53-9
2032-65-7
114 26-1
2631-37-0
64-00-6
CHOXD; CHRED;
CARBN; BIODG;
or CMBST
12
0.86
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CARBN' or
CMBST
069
CARBN- or
CMBST
CHOXD- CHRED-
CARBN; BIODG;
or CMBST
1 4
082
1 4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
43
43
1 2
086
CHOXD- CHRED-
or CMBST
00095
0006
0056
0056
0056
0 056
0028
0056
0 056
0056
0056
0 056
0019
0028
0056
0 056
0056
0056
0056
0.056
CHOXD; CHRED;
or CMBST
590
30
CMBST
CMBST
0 37 mg/l TCLP
CMBST
CHOXD' CHRED-
or CMBST
RTHRM' or
STABL
016 mg/l TCLP
RTHRM' or
STABL
CMBST
CMBST
STABL
STABL
590
30
CHOXD' CHRED-
or CMBST
2 6
0 14
1 4
028
1 4
1 4
1 4
1 4
1 4
1 4
1 4
028
1 4
28
1 4
1 4
1 4
1 4
1 4
1.4

-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
               (Note: NA means not applicable.)
, Waste code
P203
P204
P205
U001 	 :.
U002
U003 . 	
U004 	
U005 . . ..
U006
U007
U008
U009 .. 	
U010
U011
U012
U014 .... 	
U015 	
U016 	 	

Waste description and treatment/regulatory sub-
category1
Aldicarb sulfone . 	
Physostigmine 	 	
Dithiocarbamates (total) 	
Acetaldehyde 	 	 	 	 	
Acetone 	 	 	
Acetonitrile 	
Acetophenone 	 .-. 	
2-Acetylaminofluorene 	
Acetyl chloride 	
Acrylamide 	
Acrylic acid 	
Acrylonitrile 	 	 	 	 	
Mitorhycin C 	 	
Amitrole . .. 	 	
Aniline .... 	
Auramine 	 I 	
Azaserine 	 	 	
Benz(c)aoridine 	

Regulated hazardous constituent
,'. . • Common name
Aldicarb sulfone 	
Physostigmine 	
Dithiocarbamates (total) 	
Acetaldehyde : 	
Acetone 	 .'. 	
Acetonitrile 	
Acetonitrile; alternate6 standard
for nonwastewaters only.
Acetophenone 	 	
2-Acetylarriinofluorene 	
Acetyl Chloride 	 : 	
Acrylamide 	
Acrylic acid 	
Acrylonitrile 	 	 	
Mitomycin C 	 	 	 	 	 	
Amitrole 	 '. 	
Aniline 	 	 	
Auramine 	
Azaserine 	
Benz(c)acridine 	
!"•'.' . ' - ' '
CAS2 No.
1646-88^
57-47-6
NA
75-07-0
67-64-1
75-05-8
75-05-8
98-86-2
53-96-3
75-36-5
79-06-1
79-10-7
107-13-1
50-07 7
61-82-5
62-53-3
492-80-8
115-02-6
225-51^4
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
0'.056
0.056
0.028
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.28
'5.6
. NA ,
0.010
0.059
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; .or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.24
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.81
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
Nonwastewaters
Concentration in
mg/kg5 unless
noted as "mg/l
TCLP"; or tech-
nology code
0.28
1.4
28
CMBST
160
CMBST
.1.8C ,
9.7
140
CMBST
CMBST
CMBST
84
CMBST
CMBST
14
CMBST
CMBST
CMBST

-------
           Federal Register / Vol.  61, No. 68 / Monday, April 8, 1996 / Rules and Regulations     15641
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TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

               (Note: NA means not applicable.)
Waste code
1 IfUfi
1 ICI47
1 IfWfl
U049 	
1 IfTin
i in^ii
i ins?
I IfWT
U055
. ;f:j
U056
nnR7
U058

Waste description arid treatment/regulatory sub-
category1
Chloromethyi methyl ether 	 	 	

2-Chlorophenol 	
4-Chloro-o-toluidine hydrochloride 	
Chrysene 	
Creosote . . 	 	 	
Cresols (Cresylic acid) 	
Crotonaldehyde 	
Cumene 	 	 	 • 	 •• 	 •••
Cyclohexane 	
Cyclohexanone .. .. 	 '. 	 —•
Cyclophosphamide 	

Regulated hazardous constituent
Common name
Chloromethyi methyl ether 	
2-Chloronaphthalene 	
2-Chlorophenol 	
4-Chloro-o-toluidine hydrochloride
Chrysene 	
Naphthalene 	
Pentachlorophenol 	
Phenanthrene 	
Pyrene 	 	 	

Xylenes-mixed isomers (sum of o-
, m-, and p-xylene concentra-
tions).
Lead . 	 	 	 	
o-Cresol 	 	
m-Cresol (difficult to distinguish
from p-cresol).
p-Cresol (difficult to distinguish
from m-cresol).
Cresol-mixed isomers (Cresylic
acid) (sum of o-, m-, and p-cre-
sol concentrations).
Crotonaldehyde 	
Cumene 	 	
Cyclohexane 	
Cyclohexanone 	 	 	
Cyclohexanone; alternate6 stand-
ard for nonwastewaters only.
Cyclophosphamide 	

CAS2 No.
107-30-2
91-58-7
95-57-8
3165-93-3
218-01-9
91-20-3
87-86-5
85-01-8
129-00-0
108-88-3
1330-20-7
7439-92-1
95-48-7
108-39-4
106-44-5
1319-77-3
4170-30-3
98-82-8
110-82-7
108-94-1
108-94-1
50-18-0
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.055
0.044
(WETOX or
CHOXD) fb
CARBN; or
" CMBST
0.059
0.059
0.089
0.059
0.067
0.080
0.32
0.69
0.11
0.77
0.77
0.88.
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.36
NA
CARBN; or
CMBST
Nonwastewaters
Concentration in
mg/kg5 unless
noted as "mg/l
TCLP"; or tech-
nology code
CMBST
5.6
5.7
CMBST
3.4
5.6
7.4
5.6
8.2
10
30
0.37 mg/l TCLP
5.6
5.6
5.6
11.2 ,
CMBST .
CMBST
CMBST
CMBST
0.75 mg/l TCLP
CMBST
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            Federal Register  /  Vol. 61, No.  68 / Monday, April 8,  1996 / Rules and Regulations      15643
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                (Note: NA means not applicable.)
Waste code
i ihftfi
iinft?
1 IHRA
i inftQ
i inQn
i inQi
i inQ9
I KKM
U094 	
i inQR
U096 . 	 	 	 	 	
I IDQ7
I IflQfl

Waste description and treatment/regulatory sub-
' " category1
N N'-Diethylhydrazine 	 	
O,0-Diethyl S-methyldithiophosphate 	
Diethyl phthalate 	
Diethyl stilbestrol 	
Dihydrosafrole . 	 	 .. 	 	 	 • 	
3 3'-Dimethoxybenzidine 	 	

p-Dimethylaminoazobenzene 	 .". 	 	 	 	 	
7,12-Dimethylibenz(a)anthracene 	 	 	
3 3'-Dimethylbenzidine 	 	 	 	 	 ...
alpha, alpha-Dimethyl benzyl hydroperoxide 	
Dimethylcarbamoyl chloride 	 	 	
1 1-Dimethylhydrazine 	 	 	 ••" 	

Regulated hazardous constituent
Common name
N.N'-Diethylhydrazine 	
O,0-Diethyl S-
methyldithiophosphate.
Diethyl phthalate 	
Diethyl stilbestrol ..-. 	 	 	
Dihydrosafrole .;. 	
3,3'-Dimethoxybenzidine 	
Dimethylamine 	 , 	
p-Dimethylaminoazobenzene 	
7,12-Dimethylbenz(a)anthracene ..
3,3'-Dimethylbenzidine 	 	
alpha, : alpha-Dimethyl benzyl
hydroperoxide.
Dimethylcarbamoyl chloride 	
1, 1-Dimethylhydrazine 	 	 	

CAS2 No.
1615-80-1
3288-58-2
84-66-2
56-53-1
94-58-6
119-90-4
124-40-3
60-11-7
57-97-6
119-93-7
80-15^9
79^14-,7
57-14-7
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
CHOXD; CHRED;
CARBN;
BIODG;or
CMBST
CARBN; CMBST
0.20 .
'(WETOX or
CHOXD) fb
CARBN; or
CMBST':'
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.13
(WETOX or .
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD; CHRED;.
CARBN;
BIODG;or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD; CHRED;
CARBN;
BIODG;or
CMBST
Nonwastewaters
Concentration in
mg/kg5, unless
noted as "mg/l
TCLP"; or tech-
nology, code
CHOXD; CHRED;
or CMBST
CMBST
28
CMBST
CMBST
CMBST
CMBST
CMBST
CMBST
CMBST
CMBST
CHOXD; CHRED;
or CMBST
CMBST
CHOXD; CHRED;
or CMBST
01
05
                                                                                                    I
                                                                                                    I
                                                                                                    a
                                                                                                    (D
                                                                                                    
-------
U099 	 	
U101 .„ 	
U102 	
U103 	
U105 	
U106 	
U108 	
U1 09 	
U110 	
U111 	
U112 	
U113 	
U114 	
U115 	
U1 16 	
U117 	
U1 1 8 	
U119 	
U120 	
U121 	
1 ,2-Dim6thyIhydrazin8
2,4-DimethyIphenol 	
Dimethyl phthalate
Dimethyl sulfate .
2,4-Dinitrotoluene
2,6-Dinitrotoluene
1,4-Dioxane 	
1 ,2-Diphenylhydrazine
Dipropylamine 	
Di-n-propylnitrosamine
Ethyl acetate ...
Ethyl acrylate 	
Ethylenebisdithiocarbamic acid salts and esters ......
Ethylene oxide 	
Ethylene thiourea 	
Ethyl ether 	
Ethyl methacrylate
Ethyl methane sulfonate
Fluoranthene 	
Trichlnrnmnnnfli inrnmpthnno








1,4-Dioxane; alternate6 standard
for nonwastewaters only.
1,2-Diphenylhydrazine; alternate6
standard for wastewaters only.



Ethylenebisdithiocarbamic acid 	
Ethylene oxide; alternate6 stand-
ard for wastewaters only.
Ethyl ether





540-73-8
105-67-9
131-11-3

\£.\— 14- *:
606-20-2
123-91-1
122-66-7
122-66-7
142-84-7
621-64-7
140-88-5
111-54-6
75-21-8
75-21-8 .
96-45-7
60-29-7
97-63-2
62-50-0
206-44-0
75-69-4
CHOXD; CURED;
CARBN;
BIODG; or
CMBST
0.036
0.047
CHOXD; CHRED;
CARBN;
BIODG; or
CMBST
0.32
0.55
(WETOX or
CHOXD} fb
CARBN; or
CMBST
NA
CHOXD; CHRED;
CARBN;
BIODG; or
CMBST
0.087
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.40
0.34
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.12
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.12
0.14
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.068
0.020
CHOXD; CHRED;
or CMBST
CHOXD, CHRED;
or CMBST
14
28
CHOXD; CHRED;
or CMBST
140
28
CMBST
170
CHOXD; CHRED;
or CMBST
NA
CMBST
14
33
CMBST
CMBST
CHOXD; or
CMBST ;:
NA
CMBST
.
160
160
CMBST
3.4
30
"1
CD
fa-
ts
n
su-
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                (Note: NA means not applicable.)
01
OV
Waste code



•- i .

1 11 97


I 1170



f . ' "
:X:K- ' • '
1 11*54


I I1Q7
I t1*5ft


U142 	

Waste description and treatment/regulatory sub-
category1
Formaldehyde 	 • 	
ii
Formic acid .. 	
Furan 	 — ••• 	
Furfural . 	
Glycidylaldehyde 	 	 	 	 	 	 ••
Hexachlorobenzene 	 	 	
Hexachlorobutadiene 	 	 	 	 	 	 • 	
Lindane 	 	 « 	 "— 	
Hexachlorocyclopentadiene 	

Hexachlorophene 	
Hydrazine 	 • 	 •••••
Hydrogen fluoride 	 	
Hydrogen Sulfide 	
Cacodylic acid . 	 • 	
lndeno(1 2 3-c,d)pyrene 	 	 	 	 	
lodomethane 	
Isobutyl alcohol 	 ••• 	
Isosafrole 	
Kepone 	 	 	 ; 	
Regulated hazardous constituent
Common name
Formaldehyde 	 : 	
i '
Formic acid 	
Furan 	
Furfural 	 ; 	 	 	
Glycidylaldehyde 	 	 .-....:...
Hexaohlorobenzene 	
Hexachlorobutadiene 	 	
alpha-BHC 	 	
beta-BHC . 	 	 •'• 	
delta-BHC 	
gamma-BHC (Lindane) 	
Hexachlorocyclopentadiene 	
Hexachloroethane .....;•. 	 	
Hexachlorophene ..: 	 	 	 ...
Hydrazine 	
Fluoride (measured in
wastewaters only).
Hydrogen Sulfide 	
Arsenic 	 	 .....
lndeno(1 ,2,3*c,d)pyrene 	
lodomethane 	 	 	
Isobutyl alcohol 	
Isosafrole 	 	 	
Kepone 	 	 	
; CAS 2 No.
50-rOO-O
64-18-6
110-00-9
98-01-1
765-34-4
118-74-1
87-68-3
319-84-6
319-85-7
319-86-8
58-89-9
77-47-4
67-72-1
70-30-4
302-01-2
16964-48-8
7783-06-4
7440-38-2
193-39-5
74-88-4
78-83-1
120-58-1
143-50-8
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
, CARBN; or
CMBST
(WETOX or
CHOXD) fb '
CARBN; or,
CMBST '
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.055
0.055 .
0.00014
0.00014
0.023
0.0017
0.057
. 0.055 .
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD; CHRED;
CARBN;
DIODG; or
CMBST
.35
CHOXD;:CHRED;
or CMBST
1.4
0.0055 "
0.19
5.6
0.081 -
0.0011
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
CMBST
CMBST
CMBST
CMBST
CMBST
10
5.6 .
0.066
0.066
0.066
0.066
2.4
30 -..'.:
CMBST
CHOXD; CHRED;
or CMBST
. ADGAS fb
NEUTR; or
NEUTR
CHOXD; CHRED;
or CMBST
5.0 mg/l TCLP
3.4
65
170
2.6
; 0.13
                                                                                                    s,
                                                                                                    to
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     Federal Register  /  Vol. 61, No.  68 / Monday, April 8, 1996 / Rules  and Regulations      15647
0.0.0.
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RMERC II
0.20 mg/l TCLP 1
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£ 5 fe
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CMBST 1
0.75 mg/l TCLP 1
1-
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

                (Note: NA means not applicable.)
\
Waste code
i nfii

IHfi^


I Mfifi
I 1 1 R7




I 11 7O
I 117^
I 1 1 7 A
I 11 7R

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U181 	 • 	 :... 	 	 	

Waste description and treatment/regulatory sub-
category1
Methyl isobutyl ketone 	 	
Methyl methacrylate 	
N-Methyl N'-nitro N-nitrosoguanidine 	
Methylthiouracil 	 	 	 	
Naphthalene 	
1 4-Naphthoquinone 	 	 	 	 	 	
1 -Naphthlyamine 	 	 	 	 	 	 • 	 • 	
2-Naphthlyamine 	 	 	 •' 	
Nitrobenzene .. 	 	 .*. 	 	 	 ;;.. ......


N-Nitrosodi-n-butylamine 	
N-Nitrosodiethylamine 	 • 	
N-Nitrosodiethanolamine 	
N-Nitroso-N-ethylurea 	 ••••
N-Nitroso-N-methylurea 	
N-Nitroso-N-methylurethane 	 	
N-Nitrosopiperidine 	

5-Nitrd-o-toluidine 	 	 	 • 	 »••• 	
Regulated hazardous constituent ,
Common name
Methyl isobutyl ketone 	
Methyl methacrylate 	
N-Methyl N'-nitro N-
nitrosoguanidine.
Methylthiouracil 	
Naphthalene 	 '. 	
1 ,4-Naphthoquinone 	 	 	 	
1 -Naphthlyamine 	 ....
2-Naphthlyamine 	
Nitrobenzene 	 > 	
p-Nitrophenol 	 	 	 .'. 	
2-Nitropropane 	 	 	
N-Nitrosodi-n-butylamine 	 	
N-Nitrosodiethaholamine '. 	 ...
N-Nitrosodiethylamine 	 	 	 	
N-Nitroso-N-ethylurea 	
N-Nitroso-N-methylurea 	
N-Nitroso-N-methylurethane 	
N-Nitrosopiperidine 	
N-Nitrosopyrrolidine 	 	 	
5-Nitro-o-ioluidine 	 	 ...
CAS2 No.
108-10-1
80-62-6
70-25-7
56-04-2
91-20-3
130-15-4
.134-32-7
-91-59-8
98-95-3
100-02-7
79^t6-9
924-16-3
1116^54-7
55-18-5
759-73-9
684-93-5
615-53-2
100-75-4
930-55-2
99-55-8
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
0.14
0.14
(WETOX or
CHOXD) fb
CARBN;or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.059
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.52
0.068
0.12
(WETOX or
CHOXD) fb
CARBN; or
CMBST
.0:40
(WETOX or
CHOXD) fb
CARBN; or
CMBST"
0.40
{WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.013
- 0.013 •
,0.32.
Nonwastewaters
Concentration in
mg/kg5 unless
noted as "mg/l
TCLP"; or tech-
nology code
33
160
CMBST
CMBST
5.6
CMBST
.CMBST
CMBST
14
• 29
CMBST
17
CMBST
28
CMBST
' CMBST
CMBST
35
35
•28
at

05

*•

09
                                                                                                     a-
                                                                                                     n
                                                                                                     i-t
                                                                                                     
-------
U182 	 	
U183 	
U184 	
U185 	
U186 	
U187 	
U188 	
U189 	
U190 	
U191 	
U192 	
U193 	
U194 	
U196 	
U197 	
U200 	
U201 	
U202 	
U203 	
U204 	
U205 	
ParaJdehyde ... 	
Pentachlorobenzene 	 ....
Pentachloroethane ....
Pentachloronitrobenzene
1 ,3-Pentadiene 	
Phenacetin 	
Phenol 	
Phosphorus sulfide 	
Phthalic anhydride (measured as Phthalic acid or
Terephthalic acid).
2-Picoline
Pronamide 	
1 ,3-Propane sultone
n-Propylamine 	
Pyridine 	 	 	
p-Benzoquinone .
Reserpine 	
Resorcinol 	
Saccharin and salts ..
Safrole 	
Selenium dioxide 	
Selenium sulfide 	




Pentachloroethane; alternate 6
standards for both wastewaters
and nonwastewaters.




Phthalic anhydride (measured as
Phthalic acid or Terephthalic
acid).
Phthalic anhydride 	












123-63-7
608-93-5
76-01-7
76-01-7
82-68-8
504-60-9
62-44-2
108-95-2
1314-80-3
100-21-0
85-44-9
109-06-8
23950-58-5
1120-71-4
107-10-8
110-86-1
106-51-4
50-55-5
108-46-3
81—07—2
94-59-7
7782-49-2
7782-49-2
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.055
(WETOX or
CHOXD} fb
CARBN; or
CMBST
0.055
0.055
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.081
0.039
CHOXD, CHRED,
or CMBST
0.055
0.055
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.093
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.014
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.081
0.82
0.82
CMBST
10
CMBST
6.0
4.8
CMBST
16
6.2
CHOXD, CHRED,
or CMBST
28
28
CMBST
1.5
CMBST
CMBST
16
CMBST
CMBST
CMBST
CMBST
22
0.16 mg/l TCLP
0.16mg/ITCLP
Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15649

-------
: TREATMENT STANDARDS FOR HAZARDOUS WASTES— Continued
(Note: NA means not applicable.)
Waste code
	 . — 	 	
U206 	
U207 	 , 	 , 	
U208 	
U209 	 	 , 	
U210 	
U21 1 	
U213 	 	 	




U218 	 • 	
U21a 	
U220 	
U221 	 • 	

U22o 	
U225 	
U226 	 	 	
IIOOT
U228 	 	 	
U234 	

Waste description and treatment/regulatory sub-
category1
Streptozotocin 	
1 ,2,4,5-Tetrachlorobenzene 	
1,1,1 ,2-Tetrachloroethane 	 	 	 	 	
1 ,1 ,2,2-Tetrachloroethane 	 • 	
Tetrachloroethylene 	
Carbon tetrachloride 	
Tetrahydrofuran 	 •• 	
Thallium (I) acetate 	 ••
Thallium (I) carbonate 	 • 	
Thallium (I) chloride 	 • 	 •
Thallium (I) nitrate 	 .'. 	
Thioacetamide 	
Thiourea . 	 • 	 ••••• 	
Toluene 	
Toluenediamine 	 	 	
o-Toluidine hydrochloride 	 •; 	
Toluene diisocyanate 	
Bromoform (Tribromomethane) 	
1,1,1-Trichloroethane 	
1 ,1 ,2-Trichloroethane 	 	
Trichloroethylene 	 	 	 •• 	
1 ,3,5-Trinitrobenzene 	 : 	
Regulated hazardous constituent
Common name
Streptozotocin 	
1 ,2,4,5-Tetrachlorobenzene 	
1,1,1 ,2-Tetrachloroethane 	
1 ;1 ,2,2-Tetrachloroethane 	 	 	
Tetrachloroethylene 	
Carbon -tetrachloride 	 ...
Tetrahydrofuran 	
Thallium (measured in
wastewaters only).
Thallium (measured in
wastewaters only).
Thallium (measured in
wastewaters only).
Thallium (measured in
wastewaters only).
Thioacetamide 	 	
Thiourea 	
Toluene 	 	
Toluenediamine 	 	 	
o-Toluidine hydrochloride 	
Toluene diisocyanate 	
Bromoform (Tribromomethane) ...
1,1,1-Trichloroethane 	
1,1,2-Trichloroethane 	 	 	
Trichloroethylene 	 	 	
1 ,3,5-Trinitrobenzene 	 	 	
CAS2 No.
18883-66-4
95-94-3
630-20-6
79-34-5
127-18^1
56-23-5
109-99-9
7440-28-0
7440-28-0
7440-28-0
7440-28-0
62-55-5
62-56-6
108-83-3
25376-45-8
636-21-5
26471-62-5
75-25-2
71-55-6
79-00-5
79-01-6
99-35-4

Wastewaters
Concentration in
mg/l3; 'or tech-
nology code4
(WETOX or
CHOXD) fb
CARBN;or
CMBST
0.055
0.057
0.057
0.056
0.057
(WETOX or
CHOXD) fb
CARBN; or
•• CMBST
1.4
'1.4
1.4-
1.4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.080
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CARBN; or
CMBST
0.63 .
0.054
0.054
0.054
(WETOX or
CHOXD) fb
CARBN; or
CMBST
: .' .. '. .-_
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
CMBST
14
6.0
6.0
6.0
6.0
CMBST
RTHRM; or
STABL
RTHRM; or
STABL
RTHRM; or
STABL
RTHRM; or
STABL
CMBST
CMBST
10
CMBST
CMBST
CMBST
15
6.0
6.0
6.0
CMBST
15650 Federal Register / Vol. 61, No. 68 / Monday,
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-------
TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                (Note: NA means not applicable.)
Waste code
U360 	
U361 	 • 	
U362 	
U363 	
U364 	 .. 	 - 	
U365 .. 	
U366 	
U367. 	 	 	 	 - 	 •-•••••
U368 	
U369 	 • 	
U370 	 	 	 ••••
U371 	 - 	
U372 . 	
U373 	
U374 	 . 	 -. 	
U375 	 	 .". 	 ••• 	
U376 	 	
U377 	 	
U378 	 	 	 	 	 •
U379 	
U380 	 - 	
U381 	 	 	 : 	 	
U382 	 	 	
U383 	 	 	 	 	
U384 	 	 	 • 	
U385 	 	
U386 	 	
U387 	 	 	 : 	
U388 	 : 	
U389 	
U390 	 • 	
U391 	
U392 	 	 	 ,»• 	
U393 	
U394 	 	 	 	
U395 	
U396 	 	 	 	
U397 	 	 	 	
U398 	 	 	 	 	 	 	 • 	

Waste description and treatment/regulatory sub-
category1
Carbamates, N.O.S 	
Carbamoyl Oximes, N.O.S 	
Dithiocarbamates (total) 	
Antimony 	 	


Bendiocarb phenol 	 	
Molinate 	 • 	 —
nithinrarhamatp<5 (totah 	 	 	 	 	
Carbofuran phenol 	 , 	
Dithiocarbamates (total) 	
Dithiocarbamates (total) 	
Antimony 	 • 	 • 	 •••• 	
Dithiocarbamates (total) 	
Hexazinone intermediate 	
Carbendazim 	 	
Propham 	
U9069 	 • 	
Troysan Polyphase 	
Selenium '..„.....'.....'. 	 	 • 	
Dithiocarbamates (total) 	
Dithiocarbamates (total) 	 	 	
Dithiocarbamates (total) .. 	 	 	
Dithiocarbamates (total) 	 .... 	 	 	
Dithiocarbamates (total) 	 	 	
Dithiocarbamates (total) 	 .....'..... 	
Dithiocarbamates (total) 	
Dithiocarbamates (total) 	 	 •••••••
Vernolate 	
Cycloate 	
Prosulfocarb 	
Esprocarb 	 	 	 •— 	 	
Triallate 	 	 	 	 •'•.• 	
Eptam 	 •.•••' 	
Pebulate 	
Butylate 	 	 	 • 	 	
Dithiocarbamates (total) 	 	 	 	
A2213 	 	 	 	 • 	 ; 	 • 	
Reactacrease 4-DEG 	 .' 	
Ferbam 	 	 	 .• 	 • 	 — 	
Dithiocarbamates (total) 	 • 	 •—
Lead 	 	 	 	 	 ;;•••; 	 .-
Dithioca'rbamates (total) .: 	 ...;•:!•;'.•::..... 	 '. 	
Regulated hazardous constituent
Common name
Carbamates, N.O.S .". 	
Carbamoyl Oximes, N.O.S 	
Thiocarbamates, N.O.S 	
Dithiocarbamates (total) 	
Antimony 	
Lead 	 	 	 •
Nickel 	 	 	
Selenium 	
Bendiocarb phenol 	
Molinate 	 	 	
Dithiocarbamates (total) 	
Carbofuran phenol 	 .-. 	
Dithiocarbamates (total) 	
Antimony 	
Dithiocarbamates (total) 	
Antimony 	 	 	 .-. 	
Dithiocarbamates (total) 	
Hexazinone intermediate 	
Carbendazim 	
Propham 	
U9069 	 	
Troysan Polyphase 	
Dithiocarbamates (total) 	
Selenium ". 	
Dithiocarbamates (total) 	
Dithiocarbamates (total) 	
Dithiocarbamates (total) 	
Dithiocarbamates (total) 	
Dithiocarbamates (total) 	 	 ......
Dithiocarbamates (total) 	
Dithiocarbamates (total) 	 	
Dithiocarbamates (total) 	 ...........
Vernolate.... 	 :.....................:..
Cycloate 	
Prosulfocarb 	
Esprocarb 	 	 	
Triallate ...: 	 .'. 	
Eptam 	
Pebulate 	 	 	 	 	
Butylate 	 	 . 	
Dithiocarbamates (total) 	
A2213 	
Reactacrease 4-DEG 	
Ferbam 	
. Dithiocarbamates (total) 	
Lead 	 	
Dithiocarbamates (total) 	 	
CAS2 No.
NA
NA
NA
NA
7440-36-0
7439-92-1
7440-02-0
7782-49-2
22961-82-6
2212-67-1
NA
1563-38-8
NA
7440-36-0
NA
7440-36-0
NA
65086-85-3
10605-21-7
122-42-9
112006-94-
7
55406-53-6
, NA
7782-49-2
NA
NA
NA
NA
NA
NA
NA
NA
1929-77-7
1134-23-2
52888-80-9
85785-20-2
759-94-4
1114-71-2
2008-41-5
NA •
30558-43-1
5952-26-1
14484-64-1
NA
7439-92-1
• NA
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
0.056
0.056
0.003
0.028
1.9
0.69
3.98
0:82
0.056
0.003
0.028
0.056
0.028
1.9
0.028
1.9
0.028
0.056
0.056
0.056
,0.056'
0.056 .
0.028
0.82
0.028
0.028
0.028
0.028
0.028
0.028
0.028
0.028
0.003
0.003
0.003 '
0.003
0.003
0.003
0.003
0.003
0.028
0.003
0.056
'0.056
0.028
0.69
0.028
Nonwastewaters
Concentration in
ing/kg5 unless
noted as "mg/l
TCLP"; or tech-
nology code
1.4
0.28
1.4.
28
2.1 mg/l TCLP
0.37 mg/l TCLP
5.0 mg/l TCLP
0.16 mg/l TCLP
1.4
1.4
28
1.4
28
2.1 mg/l TCLP
28
2.1 mg/l TCLP
28
1.4
1.4,
1.4
1.4
1.4
28 ' . .
0.1 6 mg/l TCLP
28
28 . •
28 :
28
28
28
28
28
1-.4
1.4
1.4
1.4
1.4' .
1.4
1.4
1.4
28
1.4
1.4
1.4
28
0.37 mg/l TCLP
'28 '
ui
09
UI
CO
                                                                                                     I
                                                                                                     I.
                                                                                                      a
                                                                                                      CD
                                                                                                     • O5
                                                                                                      oi
                                                                                                      CO
                                                                                                      o
                                                                                                      V '
                                                                                                      Ck
                                                                                                      
-------
Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations
15653

-------
15654     Federal Register  /  Vol. 61, No.  68 /Monday, April  8, 1996 / Rules arid Regulations

  17. In §268.42 Table 1. is amended by  §268.42  Treatment standards expressed
revising the entry "CMBST" to read as    as specified technologies.
t -n         :                           *****
follows:

                TABLE  1 .—TECHNOLOGY CODES AND DESCRIPTION OF TECHNOLOGY-BASED STANDARDS
  Technology code
                                                  Description of technology-based standards
CMBST:
     *                T
High temperature organic destruction technologies, such as combustion in incinerators, boilers, or industrial furnaces op-
  erated in accordance with the applicable requirements of 40 CFR part 264, subpart O, or 40 CFR part 265, subpart O,
  or 40 CFR part 266, subpart H, and in other units operated in accordance with applicable technical operating require-
  ments; and certain non-combustive technologies, such as the Catalytic Extraction Process.
    18. Section 268.44 is amended by revising paragraph (a) to read as follows:

§268.44  Variance from a treatment standard.
    (a) Where the treatment standard is expressed as a concentration in a waste or waste extract and a waste  cannot
be  treated to the specified level, or where the  treatment  technology is  not appropriate to the waste, the generator
or  treatment facility may petition the  Administrator  for a  variance  from  the treatment standard.  The petitioner must
demonstrate  that because the physical  or chemical properties of the waste  differs significantly from wastes  analyzed
in  developing the treatment standard,  the waste  cannot  be treated to specified levels or by  the specified methods.
The petitioner may  also demonstrate that it is  treating underlying  hazardous constituents in characteristically hazardous
wastewaters by sending the waste to a  properly designed and operated BAT/PSES system, which may not be achieving
the treatment standards found in § 268.48.
                               *             *              *             *              *   •

    19. In § 268.48 the table in paragraph (a) is revised to read as follows:

§268.48  Universal treatment standards.
    (a)
                                         UNIVERSAL TREATMENT STANDARDS
                                             [Note: NA means not applicable.]
Regulated constituent/common name
1. Organic constituents:
A221 3 	

























Benzofaiovrene 	 •• 	 • 	 : 	 • 	

CAS1 number
30558-43-1
83-32-9
208-96-8
67-64-1
75-05-8
96-86-2
53-96-3
107-02-8
79-06-1
107-13-1
- 1646-88-4
309-00-2
92-67-1
62-53-3
120-12-7
140-57-8
101-27-9
22781-23-3
22961-82-6
17804-35-2
56-55-3
98-87-3
71-43-2
205-99-2
207-08-9
191-24-2
50-32-8
Wastewater
standard
Concentration
in mg/l2
0.003
0.059
0.059
0.28
5.6
0.010
0.059
0.29
19
0.24
0.056
0.021
0.13
0.81
0.059
0.36
0.056
0.056
0.056
0.056
0.059
0.055
0.14
0.11
0.11
03055
0'061
Nohwastewater
standard
Concentration in
mg/kg 3 unless
noted as "mg/l
TCLP"
1.4
3.4
3.4
160
38
9.7
140
NA
23
84
0.28
0.066
NA
14
3.4
NA
1.4
1.4
1.4
1.4
3.4
6.0
10
6.8
6.8
1.8 ' . - .
3.4

-------
Federal Register / Vol.  61, No. 68 / Monday, April 8, 1996 / Rules and Regulations     15655
                   UNIVERSAL TREATMENT STANDARDS—Continued
                            [Note: NA means not applicable.]

Regulated constituent/common name
alpha-BHC 	 	 	
beta-BHC 	 	 	
delta-BHC 	 	
gamma-BHC 	 	 	 	 	
Brornodichlofomethane 	 	 	
Bromomethane/Methyl bromide 	
4-Bromophenyl phenyl ether 	 	 	
n-Butyl alcohol 	
Butyl benzyl phthalate 	 	 	
Butylate 	 	 	 	 	 	
2-sec-Butyl-4,6-dinitrophenol/Dinoseb 	
Carbaryi 	 	 	 	
Carbenzadfm 	 	 	 	
Carbofuran 	 	 	 	 	
Carbofuran phenol 	
Carbon disulfide 	
Carbon tetrachloride 	 	 	
Carbosulfan 	 	 	 	
Chlordane (alpha and gamma isomers) 	
p-Chloroaniline 	 	 	 	
Chlorobenzene 	 	 	 	 	 	 	
Chlorobenzilate 	
2-ChIoro-1 ,3-butadiene 	 	 	
Chlorodibromomethane 	
Chloroethane 	 	
bis(2-Chloroethoxy)methane 	
bis(2-Chloroethyl)ether 	
2-Chloroethyl vinyl ether 	
Chloroform 	
bis(2-Ch!oroisopropyl)ether 	
p-Chloro-m-cresol 	 	 	 	
Chloromethane/Methyl chloride 	 	
2-Chloronaphtha!ene 	 	 	
2-ChIorophenol 	
3-Chloropropylene 	 	 	 	 	
Chrysene 	 	 	
o-Cresol 	 	 	 	
m-Cresoi (difficult to distinguish from p-creso!) 	
p-Cresol (difficult to distinguish from m-cresol) 	
n>Cumenyl methylcarbamate 	 	 	
Cycloate 	 	 	 	 	 	
Cyclohexanone 	 	 	 	 	
o,p*-DDD 	 	 	 	 	
p,p'-DDD 	 	 	 	 	
o,p'-DDE 	 	 	
p,p'-DDE 	 	 	
O.p'-DDT 	 	 	 	 	 	 	
p,p'-DDT 	 	 	
Dibenz(a,h)anthracene 	
Dibenz(a,e)pyrene 	
1,2-Dibromo-3-ch!oropropane 	
1 *2-Dibromoethane/Ethyiene dibromide 	
Dibromomethane 	 	 	
m-Dichlorobenzene 	 	 	 	
o-Dichlorobenzene 	 	 	
p-Dfchlorobenzene 	
Dlchlorodifluoromethane 	
1,1-Dtchloroethane 	 	 	
1,2-Dichloroethane 	 	 	
1(1-Dich!oroethylene 	 	 	
trans-1 ,2-DichIoroethylene 	 	
2,4-Dichlorophenol 	 	 	
2,6-Dichlorophenol 	 	 	 	 	
2,4-Dichlorophenoxyacetic acid/2,4-D 	
1,2-Dichloropropane 	 	 	 	 	 	 	 	

CAS 1 numbe
Q1Q_ft,l_R

Q H Q_ftR_Q
5ft_ftQ Q
7**— y?— A
7^0 on
mi—^'^—'i
71_O.C'3


ft ft— ftR_7

•ffififlR— 91 7
•iceocc o
1 RR'V.ooo
7*v-1R_fi
e;fi_9Q c:
CCOQC.-J A_0
C7 7 A Q
1 nfi—47— &
1 nft— o.n_7
K-\f\- iCL_C
1 OR_QQ— ft
1 9 A—. 4A—1

m— Q1 1
1 1 ~\—AA.—A
1 in_7f\_ft

OQCOO 00 Q
CQ cn_7
7A—K7 O.
Q1 Rft 7
QK_c;7_Q



1 08—39—4
106-44 5
fi4_nn— R
1 1 ^A 9*5 9





7QQ_no_c

R°__7n_o
1QO_RC^_>1
Qfi— 1 9 ft
1f1fi Q1^— A
74__Qc_q
c/j-j 70 -i
QC_Cn_H

7£w-71_R

1fl7— OR O
7C_QC_,1
1 Rfi Rfi_^
1 OH—ftQ 9
ft7_ccn
QA 7R— 7
78-87-5
Wastewater
standard
Concentration
in mg/l 2


U.UUU14
U.U^o






U.OOo
n fiRR


















0.046






0.059
0.11
n 77
n 77




0.023
0.02o

U.Ool

0.0039







0.090






0.044
n.ss
Nonwastewater
standard
Concentration in
mg/kg 3 unless
noted as "mg/l
TCLP"

O.Ooo
0.066
0.066


15

^.b
23
1.4

0.14

.14

4.0 mg/l TCLP



16

NA

15
6.0


NA
6.0





30
3.4
5.6



1.4
0.75 mg/l TCLP
0.087
0.087
0.087
0.087
0.087
0.087

NA



6.0
.0
.0

.0
.0
.0
0
4
4
R

-------
15656     Federal Register / Vol..61, No. 68  / Monday, April 8,  1996 / Rules and. Regulations
                               UNIVERSAL TREATMENT STANDARDS—Continued
                                        [Note: NA means not applicable.]
• Regulated constituent/common name
• ;. . * " - ~



Diethyl phthalate 	
























EPTC 	 	 	



Ethyl ether 	 • 	


bis(2-Ethylhexyl) phthalate 	














Indeno (1 2 3-c d) pyrene 	






Kepone 	 • 	 	 	 	






Methvl ethvl ketone 	 ; 	 •.•.....-. 	 '.'. 	 	 	 • 	 	 	 	

CAS1 number
10061-01-5
10061-02-6
60-57-1
84-66-2
5952-26-1
60-11-7
105-67-9
131-11-3
644-64-4
84-74-2
100-25-4
534-52.1
51-28-5
121-14-2.
606-20-2
117-84-0
621-64-7
123-91-1
122-39-4
86-30-6
122-66-7
298-04-3
137-30-4
959-98-8
33213-65-9
1031-07-8
7421-93-4
759-94-4
141-78-6
100-41-4
107-12-0
60-29-7
97-63-2
75-21-8
117-81-7
52-85-7
206-44-0
86-73-7
23422-53-9
17702-57-7
76^4-8
1024-57-3
118-74-1
87-68-3
77-47-4
67-72-1
1888-71-7
NA
193-39-5
74-88-4
55406-53-6
78-83-1
120-58-1
143-50-0
126-98-7
67-56-1
91-80-5
2032-65-7
16752-77-5
72-43-5
,. 78-93-3
Wastewater
standard
Concentration
in mg/l 2
0.036
0.036
0.017
0.20
0.056
0.13
0.036
0.047
0.056
' 0.057
0.32
0.28
0.12
0.32
0.55
0.017
0.40
12.0
0.92
0.92
0.087
0.017
0.028
0.023
0.029
0.029
0.0028
0.025
0.003
0.34
0.057
0.24
0.12
0.14
.0.12
0.28
0.017
0.068
0.059
0.056
0.056
0.0012
0.016
0.055
0.055
0.057
0.055
0.035
0.000063
0.000063
0.0055
0.19
0.056
5.6
0.021
0.056
0.081
0.001 1
0.24
5.6
0.081
0-056
0.028
"... ',0.25
0.28
Nonwastewater
standard
Concentration in
mg/kg 3 unless
noted as "mg/l
TCLP"
18
18
0.13
28
1.4
NA
14
28
1.4
28
2.3
160
160
140
28
28
14
170
13
13
NA
6.2
28
0.066
0.13
0.13
0.13
0.13
1.4
33
10
360
160
160
NA
28
15
3.4
3.4
1.4
1.4
0.066
0.066
10
5.6
2.4
30
30
0.001
0.001
3.4
65
1.4
170
0.066
1.4
2.6
0.1.3
84
0.75 mg/l TCLP
1.5
,1.4
0.14
0.18
36 •

-------
Federal Register / Vol.  61, No. 68  / Monday, April 8, 1996 /  Rules and Regulations     15657
                   UNIVERSAL TREATMENT STANDARDS—Continued
                             [Note: NA means not applicable.]

Regulated constituent/common name
Methyl Isobutyi ketone 	
Methyl methacrylate 	 	 	
Methyl methansulfonate 	
Methyl parathion 	 	 	
3-Methylch!o!anthrene 	
4,4-MethyIene bis(2-chloroaniline 	
Methylene chloride 	
Metofcarb 	 , 	 	 	
Mexacarbate 	
Molinate 	 	 	
Naphthalene 	 	 	
2-Naphthylamine 	
o-Nilroaniline 	 	 	
p-Nitroanillne 	
Nitrobenzene 	 	
5-Nitro-o-toluidtne 	 	 	 	 	
o-Nitrophenol 	
p-Nitrophenol 	 	 	
N-Nitrosodiethylamine 	
N-Nitrosodimethylamine 	
N-Nitroso-di-n-butylamine 	 	 .t 	
N-Nitrosomethylethylamine 	 	 	
N-Nitrosomorpholine 	 	 	
N-Nitrosopiperidine 	
N-Nitrosopyrrolfdine 	 	 	
Oxamyl 	 	 	 	 	
Parathion 	 	 	 	
Total PCBs (sum of all PCB isomers, or all Aroclors) 	
Pebulate 	
Pentachlorobenzene 	 	 	
PeCDDs (Ail Pentachiorodibenzo-p-dioxins) 	
PeCDFs (All Pentachlorodibenzofurans) 	
Pentachloroethane 	 	 	 	
Pentachloronitrobenzene 	 	 	 	
Pentachlorophenol 	
Phenacetin 	 	 	 	 	
Phenanthrene 	
Phenol 	 	 	 	 	 	
o-Phenylenediamine 	
Phorate 	 	 	
Phthalic acid 	
Phthalic anhydride 	 	 	 	 	
Physostigmine 	 	
Physostigmine salicylate 	 	 	
Promecarb 	 	 	 	 	
Pronamide 	 	
Propham 	 	 	 	 	
Propoxur 	
Prosulfocarb 	 	 	 	 	 	
Pyrene 	
Pyridine 	 	 	
Safrole 	 	 	 	 	
Silvex/2,4,5-TP 	 	 	
1 ,2,4,5-Tetrachlorobenzene 	
TCDDs (All Tetrachlorodibenzo-p-dioxins) 	
TCDFs (All Tetrachlorodibenzofurans) 	
1 ,1 ,1 ,2-Tetrachloroethane 	 	
1 ,1 ,2,2-Tetrachloroethane 	
Tetrachloroethylene 	 	
2,3,4,6-Tetrachlorophenol 	
Thlodicarb 	 	 	
Thiophanate-methyl 	
Tirpate 	
Toluene 	 	 	 	 	
Toxaphene 	

CAS1 number
1 0ft— 1 ft— 1
on RO R
fifi— 97— 3
PQA— no— n
CC_4Q C
mi 14—4
7*^_nQ o
119Q— 41 ^
^1*v-1ft— 4
O919_G7 H
Q1 9Ci— ^
Q1 ^Q_«

inn— ni— ft
QR—QCU-Q
QQ_^*\_A
Rft_7*^_^
1 fin_n9 7
^'x—lft—'^
GO 7R_Q
Q94 1fi— <*
1 nf^Q(v-Qcv-R
c;Q_ftQ o
mO— 7*v-4
qon_cc_o

c;R__
-------
15658       Federal Register /Vol. 61,  No.  68  /- Monday, April 8,  1996 / -Rules  and Regulations
                                     UNIVERSAL TREATMENT STANDARDS—Continued
                                                 [Note: NA means not applicable.]
                       Regulated constituent/common name
                                                                                CAS1 number
                                                                                                Wastewater
                                                                                                 standard
                                                                                               Concentration
                                                                                                  inmg/l2
                                                                                  Nonwastewater
                                                                                     standard
                                                                                  Concentration in
                                                                                   mg/kg 3 unless
                                                                                   noted as "mg/l
                                                                                      TCLP"
    Trjal|ate	.,	:.      2303-17-5        0.003
    Tribromometriane/Bromoform	        75~?5~?        HL
    1,2,4-Trichlorobenzene	120-82-1   -     0.055
    1,1,1-Trichlorethane	•	        71-55-6        0.054
    1,1,2-Trichlorethane 	•	-	79-00-5        0.054
    Trichloroethylene 	:.	-	    79-01-6        0.054
    Trichloromonofluoromethane	        75-69-4        0.020
    2,4,5-Trichlorophenol	••••        95-95-4    •  •  O.is
    2,4,6-Trichlorophenol	••    -    88-06-2        0.035
    2,4,5-Trichlorophenoxyacetic acid/2,4,5-T	        9S-.76-5        0.72
    1,2,3-Trichloropropane 	••	•-        96-18-4        0.85
    1,1,2-Trichloro-2,2,2-trifluoroethane	-	        76-13-1        0.057
    Triethylamine	       101-14-8        0.081
    tW-Dibromopropy.) phosphate	-J^:::—:.   .  ?££$        a003

    Vinvlchloride"	-	--	-        75-01-4        0.27
    Xylenes-mixed isomers (sum of o-,m-, and p-xylene concentrations)  	      1330-20-7        0.32
  , Inorganic Constituents:                                                                  „   „        .. „
    Antimony	-	•••••      l^f*        \*
    Arsenic „	•	      7440-38-2          .4
    Barium 	•	      7440-39-3        1.2
    Beryllium	-	      7440-41-7        0.82
    Cadmium	••	      7440-43-9      ..  0.69
    Chromium (Total) 	•	      7440-47-^5        2.77
    Cyanides (Total)4	•	        57-12r5        1.2
    Cyanides (Amenable)4	•	        57-12-5        0.86
    Fluorides	     16984-18-8        35
    l^ad  ............'.	•	••	     7439-92-1  ,     , 0.69
    Mercury—Nonwastewater from Retort	      7439-97-6       NA
    Mercury-All Others	     7439-97-6        0.15
    Nickei	      7440-02-0      .  3.98
    Selenium	'	       	•	•	      7782-49-2   >     0.82
    IS?   l[[[":::"":::""::	,      7440-22-*        0.43
    Sulfide	-	,	    18496-25-8        14
    Thallium	,	:	-	v~	.	  .   744-0         1.4
                                                                                  1.4
                                                                                  15
                                                                                  19
                                                                                  6.0  '
                                                                                  6.0
                                                                                  6.0
                                                                                  30
                                                                                  7.4
                                                                                  7.4
                                                                                  7.9
                                                                                  30
                                                                                  30
                                                                                  1.5 '
                                                                                  0.10
                                                                                  1.4
                                                                                  6.0
                                                                                  30

                                                                                  2.1 mg/l TCLP
                                                                                  5.0 mg/l TCLP
                                                                                  7.6 mg/l TCLP
                                                                                  0.014 mg/l TCLP
                                                                                  0.19 mg/l TCLP
                                                                                  0.86 mg/l TCLP
                                                                                  590
                                                                                  30
                                                                                  NA
                                                                                  0.37 mg/l TCLP
                                                                                  0.20 mg/l TCLP
                                                                                  0.25 mg/l TCLP
                                                                                  5.0 mg/l TCLP
                                                                                  0.16 mg/l TCLP
                                                                                  0.30 mg/l TCLP
                                                                                  NA
                                                                                  0.78 mg/l TCLP
                                                                                  0.23 mg/l TCLP
                                                                                  5.3 mg/l TCLP
   1 CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical
 with it's salts and/or esters, the CAS number is given for the parent compound only.  •                 ;
   2 Concentration standards for wastewaters are expressed in mg/l and are based^on analysis of composite samples.
   3 Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration
 were established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR part 264 subpart
 O or 40 CFR part 265 subpart O, or based upon combustion in fuel substitution units operating in accordance with applicable technical require-
 ments. A facility  may comply with these treatment standards according to provisions in 40 CFR 268.40(d). All concentration standards for

 "^Botti^nidesTTotal! and Cyanides^Anfenab^for'nonwastewaters are to be analyzed using Method 9010 or 9012, 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 sam-
 ple size of 10 grams and a distillation time of one  hour and 15 minutes.      -     •                       .         . -oeoo/'l
   5-These constituents are not "underlying hazardous constituents" in characteristic wastes, according to the definition at §268.2(i).

     20. Appendix XI is added to part 268 to read as follows:

   APPENDIX XI TO PART 268—METAL BEARING WASTES PROHIBITED FROM DILUTION IN A COMBUSTION UNIT ACCORDING
                                                    TO 40 CFR 268.3(C)1	         :
         Waste code
                                                                      Waste description
  D004
  D005
  D006
  D007
  D008
  D009
  D010
  D011
Toxicity Characteristic for Arsenic.
Toxicity Characteristic for Barium.
Toxicity Characteristic for Cadmium.
Toxicity Characteristic for Chromium.
Toxicity Characteristic for Lead.
Toxicity Characteristic for Mercury.

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               Federal  Register  /  Vol. 61,  No.  68 /  Monday, April 8, 1996 /  Rules  and Regulations       15659

   APPENDIX XI TO PART 268—METAL BEARING WASTES PROHIBITED FROM DILUTION IN A COMBUSTION UNIT ACCORDING
                                             TO 40 CFR 268.3(c)1—Continued
         Waste code
                                                                     Waste description
  F006 	  Wastewater treatment sludges from electroplating  operations except from the following processes: (1) sulfuric
                              acid anodizing of aluminum; (2) tin plating carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4)
                              aluminum or zinc-plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating
                              on carbon steel; and (6) chemical etching and milling of aluminum.
  F007 	  Spent cyanide plating bath solutions from electroplating operations.
  F0u8 	  Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in
                              the process.
  F009 	  Spent stripping and cleaning bath solutions from  electroplating operations where cyanides are used in the proc-
                              ess.
  F01° 	  Quenching bath residues from oil baths from metal treating operations where cyanides are used in the process.
  F01'  	  Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.
  F012 	  Quenching waste water treatment sludges from metal  heat treating operations where cyanides are used in the
                              process.
  F019 	  Wastewater treatment sludges from the chemical conversion coating of  aluminum except from zirconium
                              phosphating in aluminum car washing when such  phosphating is an exclusive conversion coating process.
  K002 	  Wastewater treatment sludge from the production  of chrome yellow and orange pigments.
  K003 	  Wastewater treatment sludge from the production  of molybdate orange pigments.
  K004 	  Wastewater treatment sludge from the production  of zinc yellow pigments.
  K005 	  Wastewater treatment sludge from the production  of chrome green pigments.
  K008 	  Wastewater treatment sludge from the production  of chrome oxide green pigments (anhydrous and hydrated)
  K007 	  Wastewater treatment sludge from the production  of iron blue pigments.
  KOOS 	  Oven residue from the production of chrome oxide green pigments.
  jj061  	  Emission control dust/sludge from the primary production of steel in electric furnaces.
  K069 	  Emission control dust/sludge from secondary lead smelting.
  K071  	  Brine purification muds from the mercury cell processes in chlorine production, where separately prepurified brine
                              is not used.
 J$]°° 	  Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting.
 K1Q6  	  Sludges from the mercury cell processes for making chlorine.
 P010  	  Arsenic acid H3AsO4
 P011  	  Arsenic oxide As2O5
 P012  	  Arsenic trioxide
 P013  	  Barium cyanide
 P015  	  Beryllium
 P029  	  Copper cyanide Cu(CN)
 P074  	  Nickel cyanide Ni(CN)2
 P087  	  Osmium tetroxide
 P099	  Potassium silver cyanide
 P104  	  Silver cyanide
 P113  	  Thaliic oxide
 P114  	  Thallium (I) selenite
 P115  	  Thallium (I) sulfate
 P119  	  Ammonium vanadate
 P120  	  Vanadium oxide V2O5
 P121  	  Zinc cyanide.
 U032  	  Calcium chromate.
 U145	  Lead phosphate.
 U151 	  Mercury.
 U204 	  Selenious acid.
 U205	  Selenium disulfide.
 U216	  Thallium (I) chloride.
 U217 	|  Thallium (I) nitrate.	

  1A combustion unit is defined as any thermal technology subject to 40 CFR part 264, subpart O; Part 265, subpart O; and/or 266, subpart H.

            PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS

    21. The authority citation for part 271 continues to read as follows:

   Authority: 42 U.S.C. 6905, 6912(a) and 6926.


                                     Subpart A—Requirements for Final Authorization

    22. 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, and  by adding the following entries  to Table  2 in  chronological order  by effective  date  in
the Federal Register to read as follows:

§ 271.1  Purpose and scope.

                                *,****

    0) * * *

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15660     Federal Register / Vol.  61,  No. 68 / Monday,  April 8, 1996 / Rules  and Regulations
          TABLE 1 .—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
     Promulgation date
                 Title of regulation
                                                                              Federal Register reference   , Effective date
April 8, 1996
Land  Disposal  Restrictions  Phase  111—Decharacterized  61 FR [Insert page numbers].   July 8, 1996.
  Wastewaters, Carbamate Wastes,  and  Spent Aluminum
  Potliners in §268.39..  .    • •, -
       TABLE 2—SELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
       Effective date
        Self-implementing provision
                                                                 RCRA citation     '-.'•" Federal Register reference
July 8,1996	  Prohibition on  land disposal of carbamate  3004(m). .......  April 8, 1996, 61 FR [Insert page numbers].
                             wastes..         •   .
                                        •*    .  •-    .   .  ••-*       -...*--••••'*                *  .
October 8 1996	  Prohibition on land disposal of K088 wastes! .  3004(m)	  April 8, 1998, 61 FR [Insert page numbers].
Aprils, 1996  	              '                          3004(m) ........  April 8, 1996, 61 FR [Insert page numbers].
 PART 403—GENERAL
 PRETREATMENT REGULATIONS FOR
 EXISTING AND NEW SOURCES OF
 POLLUTION

   23. The authority citation for part 403
 continues to read, as follows:
   Authority: Sec. 54(c)(2) of the Clean Water
 Act of 1977, (Pub. L. 95-217) sections
 204(b)(l)(C), 208(b)(2KC)(iii), 301[b)(l)(A)(ii),
 301(bX2XA)(ii), 301(b)(2)(C), 301(h)[5),
 301(i)(2), 304(e), 304(g), 307, 308, 309,
 402(b), 405 and 501(a) of the Federal Water
 Pollution Control Act (Pub. L. 92-500) as
 amended by the Clean Water Act of 1977 and
 the Water Quality Act of 1987 (Pub. L. 100-
 4).          :
   24. In § 403.5, paragraphs (c) heading,
 (c)(l) and (d) are revised to read as
 follows:
 § 403.5  National pretreatment standards:
 Prohibited discharges.
 *    *    *    *    *
   (c) Development  of specific limits by ,
 POTW. (1) Each POTW developing a
 POTW Pretreatment Program pursuant
 to § 403.8 shall develop and enforce
 specific limits to implement the
 prohibitions listed  in paragraphs (a)(l)
 and (b) of this section. Each POTW with
 an approved pretreatment program shall
 continue to develop these limits as
 necessary and effectively enforce such
 limits. In addition, the POTW may
 establish such limits as necessary to
 address the land disposal restrictions at
 40 CFR 268.40.
               (d) Local limits. Where specific
             prohibitions or limits on pollutants or'
             pollutant parameters are developed by a
             POTW in accordance with paragraph (c)
             of this section, including those
             standards established to address land
             disposal restrictions at 40 CFR 268.40,
             such limits shall be deemed
             Pretreatment Standards for the purposes
             of section 307(d) of the Act.
             *****
             [FR Doc. 96-7597 Filed 4-5-96; 8:45 am]
             BILLING CODE 6560-60-P
             40 CFR Parts 148, 268 and 403
             [EPA # 530-Z-96-002; FRL-5452-7]

             RIN2050-AD38

             Land Disposal Restrictions Phase III—
             Decharacterized Wastewaters,
             Cafbamate Wastes, and Spent
             Potliners
             AGENCY: Environmental Protection
             Agency (EPA).
             ACTION: Partial withdrawal and
             amendment of final rule.

             SUMMARY: Elsewhere in this Federal
             Register, EPA is promulgating a final
             rule which, among other things, revises
             treatment standards for hazardous
             wastewaters that exhibit the
             characteristic  of ignitability, corrosivity,
             reactivity, or toxicity. The revised
             . treatment standards were promulgated
             to implement  the mandate of the
opinion of the Circuit Court of Appeals
for the District of Columbia Circuit in
Chemical Waste Management (CWM) v.
EPA, 976 F. 2d 2 (B.C. Cir. 1992) cert.
denied 507 U.S. 1057 (1993). On March
26, 1996, President Clinton signed into
law the Land Disposal Program
Flexibility Act of 1996 which, among
other things, provides that the wastes in
question are no longer prohibited from
land disposal so long as they are not
hazardous wastes at the point they are
land disposed. By operation of the
statute, this provision is made effective
immediately and therefore essentially
overrules this portion of the CWM
opinion. EPA accordingly is
incorporating the statutory provision
into the regulations by amending and/or
withdrawing the portions of the
regulations that are superseded by the
new legislation. The amendment/
•withdrawal of these standards does not
affect any other part  of the final rule;
and the effective dates of the other
actions in the final rule likewise will
not change. Furthermore, EPA is
amending parts of the LDR Phase II final
rule, published on September 19,1994
(59 FR 47982) which are also overruled
by the legislation.
EFFECTIVE DATE: April 5, 1996.
FOR FURTHER INFORMATION-CONTACT: For
general information contact the RCRA
Hotline at 800-424-9346 (toll-free) or
703-412-9810  locally. For specific
information on the LDR Phase III rule

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              Federal Register / Vol. 61, No.  68 / Monday, April 8, 1996 / Rules and Regulations      15661
 and this document, contact Peggy Vyas
 in the Office of Solid Waste, phone 703-
 308-8594.

 SUPPLEMENTARY INFORMATION:
 I. Today's Action
   Elsewhere in this Federal Register, a
 final rule is published which revises
 treatment standards for decharacterized
 wastevvaters that are managed in surface
 impoundments regulated under the
 Clean Water Act (CWA) or in CWA-
 equivalent systems, and in Class I
 nonhazardous waste injection wells
 regulated under the Safe Drinking Water
 Act (SDWA). Among other actions, the
 final rule would have (1) revised 40 CFR
 148.1(b) and (d), 148.3,148.4,148.20(a),
 268.3, 268.40(e), 268.44(a), and 403.5(d);
 and (2) amended 268.1(e), 268.9(d), and
 403.5(c); as well as (3) added 148.18,
 268.2 (k) and (1), 268.9 (e), (f), and (g),
 and 268.39. EPA also promulgated
 certain regulations as part of the LDR
 Phase II rule prohibiting injection of
 certain decharacterized wastes (see 40
 CFR 148.17(c) and 268.1(c)(3) at 59 FR
 48041 and 48043 (September 19,1994)).
   EPA promulgated these provisions to
 implement the holding and reasoning of
 the D.C. Circuit's opinion in CWMv.
 EPA, 976 F. 2d 2 (D.C. Cir. 1992), cert.
 denied 507 U.S. 1057 (1993). EPA
 interpreted this opinion to require
 hazardous constituents in characteristic
 wastes to be treated so that the
 constituents were removed, destroyed or
 immobilized before the wastes were
 permanently land disposed, in order to
 minimize threats posed by land disposal
 of the wastes. This requirement
 extended to wastewaters managed in the
 types of centralized wastewater
 management systems mentioned above.
 In doing so, EPA noted in the LDR
 Phase III final rule, published elsewhere
 in this Federal Register, that it would
 not have set treatment standards for
 hazardous  constituents in these
 characteristic wastewaters at this time
 but for the  court's opinion, and noted
 the pendency of legislation which could
 overrule the court's opinion and  so
 require amendments to the final rule.
   Congress has now passed that
 legislation, the Land Disposal Program
 Flexibility  Act of 1996, and President
 Clinton signed it into law on March 26,
 1996 (Public Law 104-119,100 Stat.
 830). A main purpose of the legislation
 is  to put back in place the approach for
 centrally-managed, decharacterized
 wastewater which EPA adopted in the
 LDR "Third Third" rule promulgated on
June 1,1990 (55 FR 22520). The new
legislation states, in essence, that
hazardous wastes which are hazardous
only because they are identified as
 exhibiting a characteristic are not
 prohibited from land disposal if they are
 managed in either a treatment system
 whose ultimate discharge is regulated
 under the CWA (including both direct
 and indirect dischargers), a CWA-
 equivalent treatment system, or a Class
 I nonhazardous injection well regulated
 under the SDWA, provided that the
 wastes no longer are hazardous (i.e. no
 longer exhibit a characteristic) at the
 point land disposal occurs (RCRA
 § 3004(g) (7) and (8)). The characteristic
 can be removed by any means,
 including dilution or other deactivation
 through aggregation of different
 wastestreams preceding land disposal
 (see H. Rep.  No. 454,104th Cong. 2d
 Sess. at 9). For wastes managed in CWA
 or CWA-equivalent systems, there is a
 further caveat that characteristic wastes
 for which EPA has promulgated a
 method of treatment as the treatment
 standard (for example, high TOC
 ignitable wastes for which the treatment
 standard is recovery of organics
 (RORGS) or combustion (CMBST))
 remain prohibited unless treated
 pursuant to that method (RCRA
 § 3004(g)(7)). Reactive cyanide wastes
 (i.e. wastes that may release toxic
 emissions when exposed to pH
 conditions between 2 and 12 as defined
 in 40 CFR 261.23(a)(5)) likewise remain
 prohibited from disposal units in CWA
 and CWA-equivalent treatment systems
 unless first treated to satisfy the
 treatment standard (id.).
  The purpose of this notice is to
 withdraw the portions of the existing
 rules which are inconsistent with the
 new statute and therefore no longer in
 effect, or, in a few limited instances, to
 amend language which cannot be
 feasibly withdrawn. Thus, treatment
 standards for wastes identified as
 exhibiting a characteristic and managed
 in centralized wastewater management
 systems identified above will require
 only that the  wastes be deactivated (i.e.
 rendered non-hazardous) before they are
 land disposed. The exception will
 continue to be for wastes for which the
 treatment standard is a method of
 treatment—namely high TOC
 ignitables—and for reactive cyanide
 wastes, which must be treated to satisfy
 the existing treatment standard before
 land disposal in a surface impoundment
 at CWA and CWA-equivalent treatment
 systems.
  This action puts back in place the
 rules which existed before EPA
 promulgated  the LDR Phase III
 provisions. Thus, for example,
withdrawing  the version of 148.l(d)
promulgated in the LDR Phase III rule
has the effect of restoring the previous
version of that provision. EPA believes
 that withdrawing the portions of the
 rules that have been superseded is the
 quickest and simplest way of amending
 the rules that conform to the new
 legislation. Certain portions of the LDR
 Phase III rule have to be amended
 (namely §§ 268.3, 268.39 and 268.40)
 because withdrawing them would undo
 other revisions which are not affected
 by the legislation.a
   EPA realizes that there may be certain
 questions relating to other provisions of
 the rules which may benefit from
 clarifying revisions in light of the
 statutory amendment. (Communications
 from various affected parties suggesting
 such changes are part of the record for
 this notice.) EPA is limiting this notice
 to changes that have to be made to
 eliminate superceded regulatory
 provisions. EPA intends to pursue the
 possibility of whether clarifying
 amendments are needed in other
 proceedings.
   EPA does wish, however, that to
 clarify that as a result of withdrawing
 these provisions, generators with
 decharacterized wastewaters that are
 being managed in CWA or CWA-
 equivalent systems or injected into Class
 I nonhazardous injection wells do not
 have to identify underlying hazardous
 constituents. EPA also wishes to make
 clear to States that withdrawing these
 provisions removes the obligation for
 States to adopt them as part of an
 authorized program.
 II. Interpretive Issues

 A. Definition of CWA-Equivalent
 Treatment
   The legislation does not define what
 a CWA-equivalent treatment system is,
 leaving the issue to the Administrator
 (RCRA § 3004(g)(7)(A)). EPA's existing
 rules at 40 CFR 268.38(a) provide a
 definition: "CWA equivalent treatment
 means biological treatment for organics,
 alkaline chlorination or ferrous sulfate
 precipitation for cyanide, precipitation/
 sedimentation for metals, reduction of
 hexavalent chromium, or other
 treatment technology that can be
 demonstrated to perform equally or
 better than these technologies." EPA
 intends to use this definition in
 implementing the new statute.

 B. Wastes Listed Because They Exhibit
 a Characteristic
  A number of wastes, such as F003
 ignitable solvents, are listed as
 hazardous solely because they exhibit a
 characteristic of hazardous waste. The
 legislation does not by its terms apply
  1 In addition, EPA is withdrawing § 148.18(d)
because this prohibition already exists in § 148.16
(c) and (f).

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1.5662     Federal Register / Vol. 61, No.  68 /Monday, April 8, 1996 / Rules and Regulations
to such wastes (it applies only to wastes
that are identified by characteristic, and
so does not apply to listed wastes).
EPA's current rules addressing the
status of this type of waste under the
LDR program'are tangled. The Agency
initially found that the dilution
prohibition should apply to such
wastes. See 56 PR 3864 and 3871 (Jan.
31,1991). However, in a later notice,
EPA amended the rules so that
wastewaters that are listed solely
because they exhibit a characteristic
would not be subject to the dilution
prohibition. 57 FR 37194 and 37263
(August 18,1992). EPA did so to be
consistent with the Third Third rule's
approach to characteristic wastewaters.
Id. at 37210-37211. This action
occurred before the D.C. Circuit issued
its decision remanding portions of the
Third Third rule dealing with
wastewaters. The Agency never
corrected the regulation (found at 40
CFR 261.3(a)(2)(iii)) to conform to the
opinion.
  EPA's initial view is that the existing
regulatory provision not applying the
dilution prohibition to wastewaters
listed because they exhibit a
characteristic is probably inconsistent
with the court's opinion, but that the
principles of the new legislation
(although not its language) could apply
to these wastes. EPA thus has  a policy
choice as to whether to amend the
existing rule. Today's notice is not
intended to make policy choices, but
rather to withdraw those rules no longer
in effect. EPA plans to revisit this issue
in a later proceeding. In the interim, the
existing rule which provides that the
dilution prohibition does not apply to
wastewaters listed solely because they
exhibit a characteristic remains in effect.
III. Status of Other LDR Treatment
Standards
  EPA is not withdrawing other
treatment standards promulgated in
either the LDR Phase III rule or other
rules implementing portions of the
court's opinion that are unaffected by
the new legislation. Consequently, the
provisions of the May 24,1993, Interim
Final Rule (58 FR 29860), which applied
to disposal not involving the types of
centralized wastewater management
systems covered by the legislation,
remain unaffected. Thus, underlying
hazardous constituents in
decharacterized wastes that are
disposed of in systems other than these
centralized wastewater management
systems must continue to be treated  ,
before land disposal. Similarly, EPA  . ,
amended the treatment standards for
reactive wastes in the LDR Phase HI
final rule, published elsewhere in this ••
Federal Register, to require that
underlying hazardous constituents be
treated when the wastes are land
disposed (with an exception for certain .
types of emergency detonation
situations). These  requirements are
likewise not addressed by the legislation
(unless centralized wastewater
management of the wastes is involved),
and EPA is consequently not
withdrawing these treatment standards.

IV. Rationale for Immediate Effective  ,
Date

  EPA is taking this action without
prior notice and opportunity to
comment. Because the provisions of the
legislation are effective immediately, the
legislation overrules the D.C. Circuit's
opinion,  and thus necessarily overrules
the rules implementing those parts of
the opinion. Consequently, those rules
need to be withdrawn to reflect the new
statute. The situation is similar to what
the Agency faced in 1985 when it
codified portions of the 1984 ,
amendments to RCRA without prior
notice and opportunity to comment. 50
FR 28704 (July 15,1985). The Agency's
action was upheld in United
Technologies v. EPA, 821 F. 2d 714, 720
(D.C. Cir. 1987). See also Metzenbaum v.
Federal Energy Regulatory Commission
(FERC), 675  F. 2d 1282, 1291 (D.C. Cir.
1982) (funding orders implementing
statutory waiver were non-discretionary
acts regulated by such waiver and that
notice and comment procedures were
unnecessary and possibly contrary to
public interest "given the expense that
would have been involved in the futile
gesture"); Hqdson Gas Systems v. FERC,
	F. 2d'___  (D.C. Cir. Feb. 9, ,1996)
(because controlling statute left FERC no
authority to  retain a regulation, notice
and comment is not needed to withdraw
it). EPA views today's effort as
comparable to that involved in
codifying the 1984 amendments since
the legislation is focused clearly on one
particular set of regulations and requires
little interpretation by the Agency, and
consequently that the decision to issue
an immediately final withdrawal is
justified. Consequently, EPA believes
that good cause exists to issue this rule
in immediately final form.

List  of Subjects

40 CFR Part 148

   Environmental protection,
Administrative practice and procedure,
Hazardous waste, Reporting and
recordkeeping requirements, Water
supply.      •._    ..."  '   ..'"...'_-
40 CFR Part 268
  Hazardous waste, Reporting and
recordkeeping requirements.

40 CFR Part 403
  Reporting and recordkeeping
requirements, Waste treatment and
disposal, Water pollution controls.
  Dated: March 29,1996.
Carol M. Browner,
Administrator.
  For the reasons set forth in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
  1. The  amendments revising 40 CFR
148.1(b) and (d), 148.3,148.4, 148.20(a)
introductory text, 268.3, 268.40(e),
268.44(a), and 403.5(d); as well as the
amendments amending 40 CFR 268.l(e),
268.9(d), and 403.5(c); as well as the
amendments adding 40 CFR 148.18,
268.2(k) and (1), 268.9(e), (f), and (g),
and 268.39 as published elsewhere in
this issue of the Federal Register are
withdrawn.

PART 148—HAZARDOUS WASTE
INJECTION RESTRICTIONS

  2. The  authority citation for part 148
continues to read as follows:
  Authority: Sec. 3004, Resource
Conservation and Recovery Act, 42 U.S.C.
6901 et seq.

§148.17—[Amended]
  3. Section 148.17 is amended by
removing and reserving paragraph (c).
  4. Section 148.18 is added to subpart
B to read as follows:

§ 148.18  Waste specific prohibitions—
newly identified wastes.
  (a) On  July 8,1996, the wastes
specified in 40 CFR 261.32 as EPA
Hazardous  waste numbers K156-K161,
P127, P128, P185, P188-P192, P194,
P196-P199, P201-P205, U271, U277-
U280, U364-U367, U372, U373, U375-
U379, U381-387, U389-U396, U400-
U404, U407, and U4D9-U411 are
prohibited  from underground injection.
  (b) On January 8,1997, the wastes
specified in 40 CFR 261.32 as EPA
Hazardous waste number K088 is
prohibited from underground injection.
  (c) On  April 8,1998, the wastes
specified in 40 CFR part  261 as EPA
Hazardous  waste numbers D018-043,
and Mixed TC/Radioactive wastes, are
prohibited  from underground injection.

PART 268—LAND DISPOSAL
RESTRICTIONS
  5. The authority citation for part 268
continues to read 4s follows:
  Authority: 42 U.S.C. 6905, 6912(a), 6921,
and 6924.   '. ""'.'."-'"."

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             Federal Register / Vol. 61, No.  68 / Monday, April 8, 1996  / Rules and Regulations
                                                                     15663
 Subpart A—General
   6. Soction 268.1 is amended by
 removing and reserving paragraph (c)(3).
   7. Section 268.3 is revised to read as
 follows:
 § 268.3  Dilution prohibited as a substitute
 for treatment
   (a) Except as provided in paragraph
 {b) of this section, no generator,
 transporter, handler, or owner or
 operator of a treatment, storage, or
 disposal facility shall in any way dilute
 a restricted waste or the residual from
 treatment of a restricted waste as a
 substitute for adequate treatment to
 achieve compliance with subpart D of
 this part, to circumvent the effective
 date of a prohibition in subpart C of this
 part, to otherwise avoid a prohibition in
 subpart C of this part, or to circumvent
 a land disposal prohibition imposed by
 RCRA section 3004.
   (b) Dilution of wastes that are
 hazardous only because they exhibit a
 characteristic in a treatment system
 which treats wastes subsequently
 discharged to a water of the United
 States pursuant to a permit issued under
 section 402 of the Clean Water Act
 (CWA), or which treats wastes in a
 CWA-equivalent treatment system, or
 which treats wastes for the purposes of
 pretreatment requirements under
 section 307 of the CWA is not
 impermissible dilution for purposes of
 this section unless a method has been
 specified in § 268.40 as the treatment
 standard, or unless the waste is a D003
 reactive cyanide wastewater or
 nonwastewater.
   (c) Combustion of the hazardous
 waste codes listed in Appendix XI of
 this part is prohibited, unless the waste,
 at the point of generation, or after any
 bona fide treatment such as cyanide
 destruction prior to combustion, can be
 demonstrated to comply with  one or
 more of the following criteria (unless
 otherwise specifically prohibited from
 combustion):
   (1) The waste contains hazardous
 organic constituents or cyanide at levels
 exceeding the constituent-specific
 treatment standard found in § 268.48;
   (2) The waste consists of organic,
 debris-like materials (e.g., wood, paper,
 plastic, or cloth) contaminated with an
 inorganic metal-bearing hazardous
 waste;
   (3) The waste, at point of generation,
has reasonable heating value such as
greater than or equal to 5000 BTU per
pound;
   (4) The waste is co-generated with
wastes for which combustion is a
required method of treatment;
   (5) The waste is subject to Federal
 and/or State requirements necessitating
 reduction of organics (including
 biological agents); or
   (6) The waste contains greater than
 1% Total Organic Carbon (TOC).
   8. Section 268.39 is added to read as
 follows:

 § 268.39  Waste specific prohibitions—
 spent aluminum potliners; reactive; and
 carbamate wastes.
   (a) On July 8,1996, the wastes
 specified in 40 CFR 261.32 as EPA
 Hazardous Waste numbers K156-K161;
 and in 40 CFR 261.33 as EPA Hazardous
 Waste numbers P127, P128, P185, P188-
 P192, P194, P196-P199, P201-P205,
 U271, U277-U280, U364-U367, U372,
 U373, U375-U379, U381-U387, U389-
 U396, U400-U404, U407, and U409-
 U411 are prohibited from land disposal.
 In addition, soil and debris
 contaminated with these wastes are
 prohibited from land disposal.
   (b) On July 8,1996, the wastes
 identified in 40 CFR 261.23 as D003 that
 are managed in systems other than those
 whose discharge is regulated under the
 Clean Water Act (CWA), or that inject in
 Class I deep wells regulated under the
 Safe Drinking Water Act (SDWA), or
 that are zero dischargers that engage in
 CWA-equivalent treatment before
 ultimate  land disposal, are prohibited
 from land disposal. This prohibition
 does not  apply to unexploded ordnance
 and other explosive devices which have
 been the  subject of an emergency
 response. (Such D003 wastes are
 prohibited unless they meet the
 treatment standard of DEACT before
 land disposal (see § 268.40)).
  (c) On  January 8,1997, the wastes
 specified in 40 CFR 261.32 as EPA
 Hazardous Waste number K088 are
 prohibited from land disposal. In
 addition, soil and debris contaminated
 with these wastes are prohibited from
 land disposal.
  (d) On  April 8,1998, Radioactive
 wastes mixed with K088, K156-K161,
 P127, P128, P185, P188-P192, P194,
 P196-P199, P201-P205, U271, U277-
 U280, U364-U367, U372, U373, U375-
 U379, U381-U387, U389-U396, U400-
 U404, and U407, U409-U411 are also
 prohibited from land disposal. In
 addition, soil and debris contaminated
 with these radioactive mixed wastes are
 prohibited from land disposal.
  (e) Between July 8,1996, and April 8,
 1998, the wastes included in paragraphs
 (a), (b), (c), and (d) of this section may
be disposed in a landfill or surface
impoundment, only if such unit is in
 compliance with the requirements
 specified in § 268.5(h)(2).
   (!) The requirements of paragraphs (a),
 (b), (c), and (d) of this section do not
 apply if:
   (1) The wastes meet the applicable
 treatment standards specified in Subpart
 D of this part;
   (2) Persons have been granted an
 exemption from a prohibition pursuant
 to a petition under § 268.6, with respect
 to those wastes and units covered by the
 petition;
   (3) The wastes meet the applicable
 alternate treatment standards
 established pursuant to a petition
 granted under § 268.44;
   (4) Persons have been granted an
 extension to the effective date of a
 prohibition pursuant to § 268.5, with
 respect to these wastes covered by the
 extension.
   (g) To determine whether a hazardous
 waste identified in this sectioi} exceeds
 the applicable treatment standards
 specified in § 268.40, the initial
 generator must test a sample of the
 waste extract or the entire waste,
 depending on whether the treatment
 standards are expressed as
 concentrations in the waste extract or
 the waste, or the generator may Use
 knowledge of the waste. If the waste
 contains constituents in excess of the
 applicable Subpart D levels, the waste is
 prohibited from land disposal, and all
 requirements of this part 268 are
 applicable, except as otherwise
 specified.
  9. Section 268.40 is amended by
 revising paragraph (e) to read as follows:

 § 268.40  Applicability of treatment
 standards.
 *****

  (e) For characteristic wastes (D001-
 D003, and D018-D043) that are subject
 to treatment standards in the following
 table "Treatment Standards for
 Hazardous Wastes," all underlying
 hazardous constituents (as defined in
 § 268.2(i)) must meet Universal
 Treatment Standards, found in § 268.48,
 "Table UTS," prior to land disposal as
 defined in § 268.2(c).
 *****

  10.  In § 268.40, Table § 268.40, as
revised elsewhere in this issue of the
Federal Register, is further amended by
removing note 8 at the end of the table
and by revising the entries for D001,
D002, D003 and D018-D043 to read as
follows:

-------
15664     Federal Register / Vol.  61, No. 68 / Monday, April 8, 1996 / Rules and Regulations
                              TREATMENT STANDARDS FOR HAZARDOUS WASTES
                                       (Note: NA means not applicable.)
Waste
code
D001 ..
D002 ..
D003 ..
D018 ..
D019 ..
D020 ..
Waste description and treatment/regulatory
subcategory1
Ignitable Characteristic Wastes, except for
the §261.21(a)(1) High TOG Subcategory,
that are managed in non-CWA/non-CWA-
equivalent/non-Class I SDWA systems.
Ignitable Characteristic Wastes, except for
the §261.21(a)(1) High TOC Subcategory,
that are managed in CWA/CWA-equivalent/
Class I SDWA systems.
High TOC Ignitable Characteristic Liquids
Subcategory based on 40 CFR
261.21(a)(1) — Greater than or equal to
10% total organic carbon. (Note: This sub-
category consists of nonwastewaters only).
Corrosive Characteristic Wastes that are
managed in non-CWA/non-CWA equiva-
lent/non-Class I SDWA systems.
Corrosive Characteristic Wastes that are
managed in CWA, CWA-equivalent, or
Class I SDWA systems.
Reactive Sulfides Subcategory based on
261.23(a)(5).
Unexploded ordnance and other explosive
devices which have been the subject of an
emergency response.
Explosives Subcategory based on 261.23(a)
(6), (7), and (8).
Other Reactives Subcategory based on
261.23(a)(1).
Water Reactive Subcategory based on
261.23(a) (2), (3), and (4). (Note: This sub-
category consists of nonwastewaters only.).
Reactive Cyanides Subcategory based on
261.23(a)(5).
* * *
Wastes that are TC for Benzene based on
the TCLP in SW846 Method 1311 and that
are managed in non-CWA/non-CWA equiv-
alent/non-Class I SDWA systems only.
Wastes that are TC for Benzene based on
"the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
Wastes that are TC for Carbon tetrachloride
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-Class I SDWA
systems only.
Wastes that are TC for Carbon tetrachloride
based oh the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Wastes that are TC for Chlordane based on
the TCLP in SW846 Method 1311 and that
are managed in non-CWA/non-CWA equiv-
alent/non-class I SDWA systems only.
Wastes that are TC for Chlordane based on
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
Regulated Hazardous Constituent
Common name
NA
NA 	 	 : 	 	 	
NA 	
NA 	 	 	
NA 	 	 	 	
*
NA
NA 	 ...
NA 	 i 	 	 	 	
NA
NA
Cyanides (Total) 7 	 	 •..
Cyanides (Amenable)7 	
*
Benzene
Benzene
Carbon tetrachloride 	
Carbon tetrachloride
Chlordane (alpha and gamma
isomers).
Chlordane (alpha and gamma
isomers).
CAS 2 No.
NA
NA
NA
NA
NA
* ,
NA
NA
NA
NA
NA
57-12-5
57-12-5
71-43-2
71-43-2
56-23-5
56-23-5
57-74-9
57-74-9
Wastewaters
Concentration in
mg/l3; or tech-
nology code4
DEACT
and meet §268.48
standards; or
RORGS; or
CMBST
DEACT
NA
DEACT
and meet §268.48
standards
DEACT
*
DEACT
DEACT
DEACT
and meet §268.48
• standards
DEACT
NA
Reserved
0.86
0.14
and meet §268.48
standards
0.14
0.057
and meet §268.48
standards
0.057
0.0033
and meet §268.48
standards
0.0033
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
DEACT
and meet §268.48
standards; or
RORGS; or
CMBST
DEACT
RORGS; or
CMBST
DEACT
and meet §268.48
standards
DEACT
*
DEACT
DEACT
DEACT
and meet §268.48
standards
DEACT
DEACT
and meet §268.48
standards
590
30
10
and meet §268.48
standards
10
6.0
and meet §268.48
standards
6.0
0.26
and meet §268.48
standards
0.26

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Federal Register / Vol. 61, No. 68 /  Monday, April 8, 1996 / Rules and Regulations     15665

             TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                            (Note: NA means not applicable.)
Waste
code
D021 ..







D022 ..







D023 ..







D024 ..







D025 ..







D026 ..







D027 ..








D028 ..




Waste description and treatment/regulatory
isubcategory 1
Wastes that are TC for Chiorobenzene based
on the TCLP in SW846 Method 1311 and
that are managed in non-CWA/non-CWA
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Chiorobenzene based
on the TCLP in SW846 Method 1311 and
that are managed in CWA, CWA equiva-
lent, or Class I SDWA systems.
Wastes that are TC for Chloroform based on
the TCLP in SW846 Method 1311 and that
are managed in non-CWA/non-CWA equiv-
alent/non-class I SDWA systems only.
Wastes that are TC for Chloroform based on
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
Wastes that are TC for o-Cresol based on the
TCLP in SW846 Method 1311 and that are
managed in non-CWA/non-CWA equiva-
lent/non-class I SDWA systems only.
Wastes that are TC for o-Cresol based on the
TCLP in SW846 Method 1311 and that are
managed in CWA, CWA equivalent, or
Class 1 SDWA systems.
Wastes that are TC for m-Cresol based on
the TCLP in SW846 Method 1311 and that
are managed in non-CWA/non-CWA equiv-
alent/non-class I SDWA systems only.
Wastes that are TC for m-Cresol based on
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
Wastes that are TC for p-Cresol based on the
TCLP in SW846 Method 1311 and that are
managed in non-CWA/non-CWA equiva-
lent/non-class I SDWA systems only.
Wastes that are TC for p-Cresol based on the
TCLP in SW846 Method 1311 and that are
managed in CWA, CWA equivalent, or
Class I SDWA systems.
Wastes that are TC for Cresols (Total) based
on the TCLP in SW846 Method 1311 and
that are managed in non-CWA/non-CWA
equivalent/non-class I SDWA systems only.
Wastes that are TC for Cresols (Total) based
on the TCLP in SW846 Method 1311 and
that are managed in CWA, CWA equiva-
lent, or Class I SDWA systems.
Wastes that are TC for p-Dichlorobenzene
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-class I SDWA
systems only.
Wastes that are TC for p-Dichlorobenzene
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Wastes that are TC for 1 ,2-Dichloroethane
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-class I SDWA
system only.
Regulated Hazardous Constituent
Common name
Chiorobenzene 	



Chiorobenzene 	



Chloroform 	



Chloroform 	



o-Cresol 	



o-Cresol 	



m-Cresol (difficult to distin-
guish from p-cresol).


m-Cresol (difficult to distin-
guish from p-cresol).


p-Cresol (difficult to distin-
guish from m-cresol).


p-Cresol (difficult to distin-
guish from m-cresol).


Cresol-mixed isomers (Cre-
sylic acid) (sum of o-, m-, p-
cresol concentrations).

Cresol-mixed isomers (Cre-
sylic acid) (sum of o-, m-,
and p-cresol concentrations).

p-Dichlorobenzene (1,4-
Dichlorobenzene).



p-Dichlorobenzene (1,4-
Dichlorobenzene).


1 2-Dichloroethane




CAS2 No.
108-90-7



108-90-7



67-66-3



67-66-3



95-48-7



95-48-7



108-39-4



108-39-4



106-44-5



106-44-5



1319-77-3



1319-77-3



106-46-7




106-46-7



1 07-06-2




Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
0.057
and meet §268.48
standards

0.057



0.046
and meet §268.48
standards

0.046



0.11
and meet §268.48
standards

0.11



0.77
and meet § 268.48
standards

0.77



0.77
and meet §268.48
standards

0.77



0.88
and meet §268.48
standards

0.88



0.090
and meet §268.48
standards


0.090



0.21
and meet § 268.48
standards


Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
6.0
and meet §268.48
standards

6.0



6.0
and meet §268.48
standards

6.0



5.6
and meet § 268.48
standards

5.6



5.6
and meet §268.48
standards

5.6



5.6
and meet §268.48
standards

5.6



11.2
and meet §268.48
standards

11.2



6.0
and meet §268.48
standards


6.0



6.0
and meet §268.48
standards



-------
15666     Federal Register / Vol. 61, No. 68 / Monday, April 8,  1996 / Rules and Regulations

                        TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                                       (Note: NA means not applicable.)'
Waste
code
D029 ..
D030 ..
D031 ..
D032 ..
D033 ..
D034 ..
Waste description and treatment/regulatory
subcategory1
Wastes that are TC for 1 ,2-DichIoroethane
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Wastes that are TC for 1,1-Dichloroethylene
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-Class I SDWA
system only.
Wastes that are TC for 1,1-Dichloroethylene
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Wastes that are TC for 2,4-Dinitrotoluene
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-class I SDWA
system only.
Wastes that are TC for 2,4-Dinitrotoluene
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
• equivalent, or Class I SDWA systems.
Wastes that are TC for Heptachlor based on
the TCLP in SW846 Method 1311 and that
are managed in non-CWA/non-CWA equiv-
alent/non-class I SDWA systems only.
Wastes that are TC for Heptachlor based on
the TCLP ion SW846 Method 1311 and
that are managed in CWA, CWA equiva-
lent, or Class I SDWA systems.
Wastes that are TC for Hexachlorobenzene
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-class I SDWA
system only.
Wastes that are TC for Hexachlorobenzene
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Wastes that are TC for Hexachlorobutadiene
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-class I SDWA
systems only.
Wastes that are TC for Hexachlorobutadiene
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Wastes that are TC for Hexachloroethane
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-class I SDWA
systems only.
Wastes that are TC for Hexachloroethane
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Regulated Hazardous Constituent
Common name
1 ,2-Dichloroethane 	
1 ,1-Dichloroethylene 	
1 1 -Dichloroethylene
2,4-Dinitrotoluene 	
2,4-Dinitrotoluene 	
Heptachlor 	
Heptachlor epoxide 	 	 	
Heptachlor 	 '
Heptachlor epoxide 	 	
Hexachlorobenzene 	
Hexachlorobenzene 	 	
Hexachlorobutadiene 	
Hexachlorobutadiene ..„ 	
Hexachloroethane
Hexachlorethane 	 	

CAS 2 No.
107-06-2
75-35-4
75-35-4
121-14-2
121-14-2
76-44-8
1024-57-^3
76-44-8
1024-57-3
118-74-1
118-74-1
87-68-3
87-68-3
67-72-1
67-72-1
Wastewaters
Concentration in
mg/l3; or tech-
nology code 4
0.21
0.025
and meet §268.48
standards
0.025
0.32
and meet §268.48
standards
0.32
0.0012
and meet §268.48
standards
0.016
and meet §268.48
standards
0.0012
0.016
0.55
and meet §268.48
standards
0.055
0.055
and meet §268.48
standards
0.055
> 0.055
and meet §268.48
standards
0.055
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
6.0
6.0
and meet §268.48
standards
6.0
140
and meet §268.48
standards
140
0.066
and meet § 268.48
standards
0.066
and meet § 268.48
standards
0.066
0.066
10
and meet §268.48
standards
10
5.6
and meet §268.48
standards
5.6
30
and meet §268.48
standards
30

-------
Federal Register / Vol. 61, No. 68 /  Monday, April 8, 1996 / Rules and Regulations     15667

             TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                            (Note: NA means not applicable.)
Waste
code
D035 ..
D036 ..
D037 ..
D038 ..
D039 ..
D040..
D041 ..
Waste description and treatment/regulatory
subcategory 1
Wastes that are TC for Methyl ethyl ketone
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-Class I SDWA
systems only.
Wastes that are TC for Methyl ethyl ketone
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, Class I SDWA systems.
Wastes that are TC for Nitrobenzene based
on the TCLP in SW846 Method 1311 and
that are managed in non-CWA/non-CWA
equivalent/non-class I SDWA systems only.
Wastes that are TC for Nitrobenzene based
on the TCLP in SW846 Method 1311 and
that are managed in CWA, CWA equiva-
lent, Class I SDWA systems.
Wastes that are TC for Pentachlorophenol
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-class I SDWA
systems only.
Wastes that are TC for Pentachlorophenol
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, Class I SDWA systems.
Wastes that are TC for Pyridine based on the
TCLP in SW846 Method 1311 and that are
managed in non-CWA/non-CWA equiva-
lent/non-CIass I SDWA systems only.
Wastes that are TC for Pyridine based on the
TCLP in SW846 Method 1311 and that are
managed in CWA, CWA equivalent, or
Class I SDWA systems.
Wastes that are TC for Tetrachloroethylene
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-class I SDWA
systems only.
Wastes that are TC for Tetrachloroethylene
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Wastes that are TC for Trichloroethylene
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-class I SDWA
systems only.
Wastes that are TC for Trichloroethylene
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Wastes that are TC for 2,4,5-Trichlorophenol
based on the TCLP in SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-class I SDWA
systems only.
Wastes that are TC for 2,4,5-Trichlorophenol
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Regulated Hazardous Constituent
Common name
Methyl ethyl ketone 	
Methyl ethyl ketone 	
Nitrobenzene 	
Nitrobenzene 	 	
Pentachlorophenol
Pentachlorophenol
Pyridine 	
Pyridine 	
Tetrachloroethylene 	
Tetrachloroethylene 	
Trichloroethylene 	
Trichloroethylene 	
2,4,5-Trichlorophenol
2,4,5-Trichlorophenol 	

CAS2 No.
78-93-3
78-93-3
98-95-3
98-95-3
87-86-5
87-86-5
110-86-1
110-86-1
127-18-4
127-18-4
79-01-6
79-01-6
95-95-4
95-95-4
Wastewaters
Concentration in
mg/l 3; or tech-
nology code4
0.28
and meet §268.48
standards
0.28
0.068
and meet §268.48
standards
0.068
0.089
and meet §268.48
standards
0.089
0.014
and meet §268.48
standards
0.014
0.056
and meet §268.48
standards
0.056
0.054
and meet §268.48
standards
0.054
0.18
and meet §268.48
standards
0.18
Nonwastewaters
Concentration in
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
36
and meet §268.48
standards
36
14
and meet §268.48
standards
14
7.4
and meet § 268.48
standards
7.4
16
and meet §268.48
standards
16
6.0
and meet § 268.48
standards
6.0
6.0
and meet §268.48
standards
6.0
7.4
and meet §268.48
standards
7.4

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15668       Federal Register  /  Vol. 61, No. 68  / Monday, April 8, 1996  / Rules and Regulations


                              TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued
                                                 (Note: NA means not applicable.)
Waste
code
D042 ..
D043 ..
Waste description and treatment/regulatory
subcategory1
Wastes that are TC for 2,4,6-TrichlorophenoI
based on the TCLP in ,SW846 Method
1311 and that are managed in non-CWA/
non-CWA equivalent/non-Class I SDWA
systems only.
Wastes that are TC for 2,4,6-Trichlorophenol
based on the TCLP in SW846 Method
1311 and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
Wastes that are TC for Vinyl chloride based
on the TCLP in SW846 Method 1311 and
that are managed in non-CWA/non-CWA
equivalent/non-class I SDWA systems only.
Wastes that are TC for Vinyl chloride based
on the TCLP in SW846 Method 1311 and
that are managed in CWA, CWA equiva-
lent, or Class I SDWA systems.
* * - ' *
Regulated Hazardous Constituent
Common name
2,4,6-Trichlorophenol 	
2,4,6-Trichlorophenol 	
Vinyl chloride 	
Vinyl chloride ..
• ' 't'
CAS2 No.
88-06-2
88-06-2
75-01-4
75-01^4
Wastewaters
Concentratidn in
mg/l 3; or tech-
nology code4
0.035,
and meet §268.48
standards
0.035 ,
0.27
and meet §268.48
standards
0.27
*
Nonwastewaters
Concentration in.
mg/kg 5 unless
noted as "mg/l
TCLP"; or tech-
nology code
7.4
and meet §268.48
standards
7.4
6.0
and meet § 268.48
standards
6.0
  Notes to table:
  1 The waste descriptions provided in this table do not replace waste descriptions in 40 CFR part 261. Descriptions of Treatment/Regulatory
Subcategories are provided, as needed, to distinguish between applicability of different standards.
  2 CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical
with it's salts and/or esters, the CAS number if given for the parent compound only.
  3 Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.
  "All treatment standards expressed as a Technology Code or combination of Technology  Codes are  explained in detail in 40 CFR 268.42
Table 1—Technology Codes and Descriptions of Technology-Based Standards.
  5 Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration
were established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR Part 264, Subpart
O, or based upon combustion  in fuel substitution units operating in accordance with applicable  technical requirements. A facility may  comply with
these treatment standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis of
grab samples.
  *                  *                 *                 *     .       "    *    .             *
  7 Both Cyanides (Total) and  Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or 9012, 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 sam-
ple size of 10 grams and distillation time of one hour and 15 minutes.
[FR Doc. 96-8249 Filed 4-5-96; 8:45 am]

BILLING CODE 6560-SO-P

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