24401-39

                 BACKGROUND   DOCUMENT
              STANDARDS APPLICABLE TO OWNERS AND OPERATORS
          OF HAZARDOUS WASTE TREATMENT,  STORAGE, AND DISPOSAL
            FACILITIES UNDER RCRA, SUBTITLE C,  SECTION 3004
                       General Facility Standards
(40 CFR 264 and 265.  Subpart B,  Section 264.13.  General  Waste  Analysis;
  Section 265.13»  Interim Status Standards  for General Waste Analysis
      This document  (ms.  1941.33)  provides background information
          and  support  for EPA's hazardous waste regulations
                 U.S. ENVIRONMENTAL PROTECTION AGENCY
                          December 30,  1980

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                                   CONTENTS

                   PART I:  THE PROPOSED REGULATION



  I. Introduction  	    1

 II. RCRA Authority for the Regulation	    4

III. Key Definitions	    6

 IV. Damage Cases  	    7

  V. State Regulations 	    9

  SUMMARY AND RATIONALE FOR THE PROPOSED STANDARDS 	   12

  I. Proposed Standard 250.43(f) 	   12

 II. Proposed Standard 250.43(g) 	   14

III. Proposed Standard 250.43(h) 	   16


               PART II:  BASIS FOR THE FINAL REGULATION

  ANALYSIS OF AND RESPONSE TO COMMENTS RECEIVED
    ON THE PROPOSED STANDARDS	   18

  I. Comments which pertain to ail of the
       waste analysis standards  	   18

     Issue #1:  The generator's responsibilities  	   18

     Issue f2:  The manifest . ?	   21

     Issue #3:  Redundancy with the Section 3001
                waste analysis standards 	   23

     Issue #4:  Facilities regulated under §402
                of the Clean Water Act	   24

     Issue 15:  The hazards associated with
                sampling and analyzinig the waste  	   26

 II. Comments which are specific to the
       individual waste analysis standards 	   28

     A.  Proposed Standard 250.43(f) 	   28

     Issue #1:  The level of detail that is
                required in the analysis	   28

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    Issue  #2:   The frequency of the required
               analysis	   35

    Issue  #3:   The confidentiality of the chemical
               composition of the waste	   37

    Issue  f4:   Miscellaneous comments 	   40

    B.   Proposed Standard 250.43(g) 	   42

    Issue  #1:   The frequency of the retesting
               requirement	   42

    Issue  #2:   Miscellaneous comments 	   47

    C.   Proposed Standard 250.43(h) 	   48

    Issue  #1:   The four properties for which
               the wastes must be analyzed	   48

    Issue  #2:   Sampling each truckload of
               similar waste  	   50

    Issue  #3:   The "Note" to the standard	   53


                 PART III:  RESPONSE TO COMMENTS ON
                      MAY 19, 1980 REGULATION

 I. Introduction	   57

II. Response to Comments	   57

    Issue  #1:   Delay effective date	   57

    Issue  #2:   Allow storage before analysis  	   58

    Issue  f3:   Require generator to
               disclose information 	   58

    Issue  #4:   Time and cost of verifying
               manifest	   59

 FINAL REGULATION LANGUAGE	   60

 References	   64

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               PART I;  THE PROPOSED REGULATION



                 RATIONALE FOR THE REGULATION



I.   Int.roduct.ion



     This is one of a series of documents providing support



and background information for regulations issued under



Section 3004 of the Resource Conservation and Recovery Act



(RCRA).  This background document is divided into two parts.



The first part contains introductory material which addresses



the Congressional authority for the regulation, key definitions



used in the regulation, examples of damage incidents which



illustrate the need for the regulation, a description of



precedents for the regulation set by State and/or other



Federal statutes, and a summary of the regulation as originally



proposed.  The second part of this document summarizes and



responds to comments received that relate to the proposed



regulations, and indicates the Agency's final regulations and



their rationales.



     On December 18, 1978, the Agency proposed permanent



status standards for analysis of hazardous waste, 43 Federal



Register 59000.  These standards were not included in the set



of standards, specified in 43 Federal Register 58995, appli-



cable to facilities during the interim status period (i.e.,



the time from a facility's application for a permanent status



permit until the Agency's final decision on the permit appli-



cation) .  The Agency excluded the proposed requirements for



waste analysis from the set of standards applicable during



the interim status period because the proposed waste analysis

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                            - 2 -

standards were: (1) keyed to compliance with permit conditions,

and (2) subject to variances which required interaction with

the Agency.

     One conunenter asked that the permanent s~atus standards

for waste analysis be made applicable during the interim

status period, pointing out that the Agency has predicted
             •i t~
(43 Federal Register 58984) that the ultimate permitting

process may take several years to complete.

     The fact that most facilities will have interim status

for several years makes the Agency agrae with the conunenter

that standards for waste analysis should apply 'to facilities

during the interim period.  This is necessary to ensure that

facilities are operated in an environmentally sound manner by

requiring that facility personnel analyze hazardous waste for

properties which may affect the managenent methods used at

the facility.

     Several of the, standards that were proposed for interim

status did indirectly require facility personnel to know the

chemical and physical properties of the waste they managed.

For example, proposed §2S0.44(i) (specified as an interim

status standard in proposed §250.40(c)(2)(ix)) prohibited

hazardous waste being stored in an unwashed container or

tank that had previously held a material with which it was

incompatible.   To determine whether the waste was incom-

patible with the previous contents of a tank or container,

the - chemical and physical properties of the vaste needed to

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be known, which thus required the facility operator to obtain




an analysis of the waste.  Similarly, proposed §250.43-3(b)(9)



(specified as an interim status standard in proposed




§250.40(c)(2)(ii)) prohibited smoking or the presence of an



open flame near ignitable or reactive waste.  To determine



whether the waste exhibited either of these two properties,



the facility operator needed to obtain an analysis of the




waste.



     Thus, although the proposed §250.43 standards for waste



analysis were not specified as interim status standards in



the proposed rules, many of the proposed §250.40(c)(2) interim



status standards implicitly required the facility operator to



obtain an analysis of the waste to comply with these standards.




     The waste analysis standards have been modified so that



they can be implemented directly by the regulated community




with little need for consultation with, or interpretation by,




the Agency.  In addition, compliance with the waste analysis



standards is not keyed t,o compliance with permit conditions.



Thus, the two problems with including the waste analysis




standards in the set of proposed interim status standards




have been resolved.



     However, compliance with permit conditions is required




for compliance with the Part 264 permanent status standards



for waste analysis.  This is the difference between the waste



analysis standards specified in Part 265 (interim status stan-




dards) and Part  264  (permanent status standards).   Because

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the two sets of standards are otherwise identical, this



document pertains to both the Part 264 and Part 265 waste



analys±s standards.



     Because of the need to protect human health and the



environment by ensuring that, facilities with interim status



obtain sufficient information on the properties of the wastes



which they manage, and because many of the proposed interim



status standards implicitly required facility operators to



possess this information, the Agency is including the waste



analysis standards in the Part 265 interim status rules.



     The text of the Part 264 and Part 265 standards for



waste analysis is contained at the end of this document.



II.  RCRA Authority for the Regulation



          In Section 3004 of Subtitle C of the Solid Waste



     Disposal Act, as substantially amended by the Resource



     Conservation and Recovery Act (RCRA) of 1976, as amended,



     (42 U.S.C. §§6901 et seq.), the Congress of the United



     States mandates the Adcinistrator of the U.S. Environ-



     mental Protection Agency (EPA) to promulgate regulations



     to establish such standards for hazardous waste treatment,



     storage or disposal facilities as may be necessary to



     protect human health and the environment.



          Section 3004(3) of RCRA states that the standards



     to be promulgated by the EPA must include requirements



     for -



          "treatment, storage, or disposal of all such



          waste received by the facility pursuant to such

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     operating methods, techniques, and practices as



     may be satisfactory to the Administrator;"





     In other words. Section 3004(3) of RCRA authorizes



the Administrator to establish standards which will



ensure that hazardous waste facilities are operated so



that the waste which is managed at these facilities



will not pose a threat to human health or the environment.



     The Agency believes that, in order to ensure that



facilities are operated in an environmentally sound



manner, facility personnel must be familiar with the



characteristics of the waste which they manage.  This



means that the waste must be analyzed for-properties



which may affect the management methods used at the



facility.  EPA is promulgating these regulations jointly



under the authority of Section 3004 and under Section



2002(a)(l) of RCRA, which authorizes the Administrator



to "prescribe...such regulations as are necessary to



carry out his functions under this Act [RCRA]".

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III.  Key Definitions

          The following terms, which are defined in Part 260

     are pertinent to this area of regulation:


          "Representative Sample" means a sample of a
          universe or whole (waste pile, lagoon, ground
          water) which can be expected to exhibit the
          average properties of the whole or universe.


          This definition has changed slightly from the

     definition of "representative sample" specified in

     §250.4l(a)(73) of the proposed rules.  The rationale

     for the changes made to the definition is contained

     in the background document entitled "Definitions".


          "Movement" means hazardous waste transported
          to a facility in an individual vehicle.


          This'term has been added to the list of defin-

     itions contained in the proposed rules.  The Agency's

     rationale for including it in the final rules is

     contained on pages 52-53 of this document.

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IV.  Damage Cases

          The following damage cases illustrate that human

     health and the environment have been endangered when

     facility personnel lacked sufficient information on the

     characteristics of the waste which they attempted to

     manage.  These cases provide additional support for

     establishing standards for waste analysis.

           (1)  In the summer of 1974, a bulldozer operator
           experienced dizziness and eye irritation while
           burying drums at a sanitary landfill in Michigan.
           He left the bulldozer, and upon returning found
           -the machine in flames.  The fire was caused by
           ignition of flammable wastes in the drums that he
           was burying.  The landfill operator had unknowingly
           received flammable wastes from a waste hauler. *•

           (2)  An employee of  a Dakota County  (Minnesota)
           landfill was seriously burned when a caterpillar
           tractor that he was  operating crushed and ignited
           a container of flammable  solvent.  The container
           was not suspected to contain flammable waste
           because the landfill was  not licensed to dispose
           of flammable waste.  The  employee suffered burns
           over 85% of his body and  was hospitalized in  in-
           tensive care for four and one-half months.2

           Damage incidents (1) and  (2) illustrate that

      facility personnel must know the identity and the

      chemical properties  (e.g.,  flammability)  of the wastes

      which they  are  assigned to manage.

           (3)  A sanitary  landfill  in Minnesota received
           approximately twenty 55-gallon  drums of sodium
           arsenite  for disposal  in  their  designated liquid
           disposal  area.   After  the -waste had  been disposed
           of,~a  State  agency  informed the landfill operator
           that  sodium  arsenite is a very  toxic defoliant
           and  that  the barrels would have to be dug up  and
           sent  to  a hazardous  waste disposal facility.   The
           search involved  extensive excavation, required
           4 1/2  months, and  cost the operator  about  S22,000.3

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     Damage incident: (3) illustrates that merely

knowing the identity of a waste provides insufficient

information to manage the waste in a manner protective

of human health and the environment.  In this case,

had the facility operator known of the toxic nature of

the defoliant received at the facility, the operator

might have realized that his landfill lacked the con-

tainment properties needed to dispose of such a waste.

     (4)  In 1975, a load of empty pesticide containers
     was delivered to a hazardous (chemical) waste
     disposal site in Fresno County, California.  Not
     -listed on the manifest, and therefore unknown to
     the site operator, several full drums of an
     acetone-methanol mixture were included in the
     load.  When the load was compacted by a bulldozer,
     the acetone-niethanol waste ignited, engulfing the
     bulldozer in flames.  The ensuing fire resulted in
     the dispersion of pesticide wastes.4

     This damage incident illustrates that waste which

is received at a facility must be inspected in order

to determine that the waste matches the identity of the

waste designated on the accompanying manifest.

     (5)  In July of 1975, a waste hauler and five
     employees at a landfill in Baltimore County,
     Maryland, were hospitalized when a tank con-
     taining industrial waste liquid was dumped into
     an earth-covered area of a landfill.  The men were
     injured from fumes  (hydrogen sulfide) which were
     released when the waste liquid started to enter
     the landfill.  It  is uncertain whether the fumes
     resulted from the waste coming into contact with
     a substance in the landfill with which it was
     incompatible, or whether the waste left the
     generator's site in an unstable form.  Although a
     chemist at the generator's site allegedly tested
     the waste's properties before it left the plant,
     the waste hauler noticed that, upon opening the
     tank's valve to allow the waste to enter the
     landfill, the waste was a darker color than usual.5

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     This damage incxdent illustrates the importance of



conducting even simple non-analytical tests (i.e.,  visual




inspection of the waste's color) to determine the identity



of incoming waste managed at facilities.  In this damage



case, had the waste hauler checked the waste's color



before he opened the valve to allow the liquid to enter




the landfill, he might have realized that the waste was



different than that normally received at the landfill,




and that further analysis of the waste's characteristics




was necessary.



State Regulations



     The Agency reviewed the hazardous waste regulations



of several States to assess the State governments'



perceived need to establish standards which ensure that



hazardous waste is analyzed before it is treated, stored,



or disposed  at hazardous waste  facilities.  The Agency




believes that the following discussion of the standards



prescribed by the States of California,6 Minnesota,7



and Washington,8 reflects the State governments' belief



that waste analysis standards for this purpose should




be established.



     The State of California uses a manifest system



comparable to that prescribed in the proposed RCRA




rules,  except that California requires that the generator



provide a description of the waste, which includes the



type of waste, chemical composition, and special handling

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instructions on the manifest.  (With regard to waste



description, the RC3A standards only require that the



manifest indicate the waste's identity and special



handling instructions).



     The States of Minnesota and Washington have similar



waste analysis standards for generators of hazardous waste.



However, Minnesota's regulations also include the following



additional requirements for generators:



1.   generators must reevaluate their waste when they



     have reason to believe that the composition of



     the waste is altered so that the results of the



     previous evaluation are no longer representative



     of the waste.



2.   in the disclosure (similar in purpose to the



     RCRA manifest), the generator must describe:



     -    anticipated fluctuations in the chemical



          composition of the waste



     —    the- source of the data or information used



          to identify the hazardous properties of the



          waste



     —    if tests were conducted to evaluate the



          waste, the disclosure must also describe



          1.   the sampling procedure and the reasons



               for determining that the sanple is



               representative of the waste;



          2.   the results of all tests conducted;



               and

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          3.   a discussion of the accuracy and
               precision of any tests conducted.
     In addition to requirements which pertain to the
generator, California also requires that operators of
off-site facilities inspect incoming waste to ensure
that the delivered waste has essentially the same pro-
perties as identified by the generator on the manifest,

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 SUMMARY OF AND RATIONALE FOR THE PROPOSED STANDARDS



Proposed Standard 250.43(f)



A.   Sumnary of Proposed Standard



     The proposed standard required owners or operators



to obtain a detailed chemical and physical analysis of



each hazardous waste handled at the facility at the



time of initiating management of the waste.  The



analysis had to identify the characteristics of the



waste which must be known in order to comply with:



     the requirements of the Section 3004 standards, or



-    the conditions of the permit issued to the



     facility under Section 3005.



A "Note" to the standard stated that the scope of the



analysis could be limited by the information needed to



manage the waste with the processes or methods used at



the facility.  The "Note" also allowed the owner or



operator to use existing information to compile the



data needed to comply with requirements of the standard,



rather than requiring new testing in all cases.



B-   Rationale for the Proposed Standard



     The purpose of the standard was to ensure that



owners or operators possess sufficient information on



the characteristics of the wastes which they manage to



be able to treat,  store,  or dispose of their wastes in



a manner which will not pose a threat to human health



or the environment.

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     Unlike the State regulations summarized above, which



require that generators provide the owners or operators




with the information needed to manage the waste (i.e.,



chemical composition of the waste), the Agency chose



not to impose such a requirement on generators in the




RCRA rules.  Instead, the proposed Section 3002 regu-




lations gave generators the option of either:



(1)  analyzing their waste in accordance with proposed




     §250.13, or



(2)  declaring their waste to be hazardous, in which



     case, generators did not have to comply with  the




     proposed §250.13 waste analysis requirements.



     Accordingly, the Section 3004 waste analysis  stan-



dards required that owners or operators obtain a detailed




analysis of each waste which they  intend to manage.




The word "obtain" was used in the  standard in order to



inform owners or operators that they could either:



(1)  perform the waste analysis themselves, and pre-



     sumably pass the costs of the analysis back onto




     the generator, or



(2)  acquire the analysis from the generator, who  might



     already have analyzed the waste to comply with proposed



     §250.13, or who might have done other analyses to



     determine the characteristics or composition  of



     the waste, or who might have  such information from




     his production process.

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          The Agency wanted to inform owners or operators that



     they did not have to conduct analyses for properties of



     certain wastes, where a data base on these properties had



     been developed prior to the effective date of the regu-



     lations.  For example, if owners or operators routinely



     measured the vapor pressure of wastes which they receive,



     or if the vapor pressure of a particular waste had been



     documented in the literature, the Agency wanted to inform



     owners or operators that they could use this existing



     information as part of the data base which they must



     collect on their wastes.  For this reason, a "Note" was



     added to the standard which stated that the required



     analysis could be "limited based upon...existing available



     evidence regarding the waste's composition".



II.  Proposed Standard 250.43(g)



     A.   Summary of Proposed Standard



          The proposed standard required that,  at least



     annually, the owner or operator had to obtain or repeat,



     as necessary, a detailed analysis of each waste managed



     at the facility.



     B.   Rationale for the Proposed Standard



          The characteristics of a waste tend to vary if



     the process  which generates  the waste is modified.



     For example,  the  type of ash which is generated by a



     furnace varies with the type of fuel burned in the

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     The effectiveness of certain types of management




methods is highly sensitive to variations in waste



stream characteristics.  Inaccurate information on the




characteristics of the waste handled at the facility/



may either damage the facility (e.g., placing corrosive




waste into a steel tank may damage the structural




integrity of the tank), or result in inadequate manage-




ment of the waste (see damage case (3) on page 7 of




this document).



     The intent of the proposed standard was to assure



quality control of the wastes managed  at facilities by



requiring that the detailed analysis of the waste  (re-



quired in §250.43(f)) be repeated as often as necessary




to ensure that the facility's information on the wastes'



characteristics was  accurate and up-to-date.  The  standard




specified that the analysis be repeated  "as necessary",



to allow for  the  fact that some waste  management processes



 (e.g., incineration)  are more sensitive  than others  to




variations  in waste  stream quality,  and  thus, some facil-




ities ' waste  streams need  to be monitored more  frequently




than  others.



      The standard did specify that  the analysis be



repeated at least annually, because  the  Agency  believed



 that  the characteristics of most waste streams  vary  within



 the course  of a year, and  therefore,  owners or  operators




 should determine  whether such variations would  influence

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     the effectiveness^ of the methods used at the facility



     to manage the waste.



III. Proposed Standard 250.43(h)



     A.   Summary of Proposed Standard



          The proposed standard required that each truckload,



     shipment, or batch of hazardous waste managed at a



     facility be sampled and analyzed for at least the



     following four properties:



                        physical appearance



                        specific gravity



                        pH



                        vapor pressure



     A "Note" to the standard allowed less frequent sampling



     and analysis of waste managed on-site, if it could be



     demonstrated that no loss in facility operations would



     result from less frequent sampling at on-site facilities,



     B.   Rationale for the Proposed Standard



          Inadvertent mixups, or deliberate misrepresentation



     of the wastes sent to a facility, may pose a threat to



     human health and the environment because such waste may



     be incompatible with other wastes, or with the processes



     or methods used at the facility to manage hazardous



     waste.



          The purpose of the standard, therefore, was to



     ensure that the wastes received at a facility are those



     which are identified on the labels or accompanying

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manifests.  Accordingly, the standard required that



owners or operators perform qualitative tests on the



wastes received at a facility in order to determine the



identity of the wastes.  The choice of the four proper-



ties for analysis was based on the Agency's belief that




analysis for these properties would be quick, inexpensive,



and suitable to determine the identity of most wastes



managed at hazardous waste facilities.




     The Agency recognized, however, that the potential




for deliberate misrepresentation of the identity or



characteristics of a waste is slight at on-site facil-




ities.  Therefore, a "Note" was added to the standard




which relaxed the requirement to determine the identity of



each batch of waste at on-site facilities.

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         PART II.;  BASI,S FOR THE REGULATION



   ANALYSIS OF AND RESPONSE TO COMMENTS RECEIVED



             ON THE PROPOSED STANDARDS



Comments which pertain to all of the waste analysis



standards



Issue £1;  The generator's responsibilities



a.   Summary of Comments



1.   The generator should be required to provide the owner



     or operator with the information needed to comply



    . with the waste analysis standards because the



     generator is more familiar with the properties of



     the waste than is the owner or operator, and thus,



     it will be less expensive for the generator to



     conduct the required analysis.



2.   The generator should be made responsible for any



     inaccuracies or omissions in the information that



     he gives to the owner or operator.



b.   Response to Comments



1.   As explained in Part I of this document, the



     proposed waste analysis standards of Sections 3001



     and 3002 allowed generators to declare their waste



     to be  hazardous,  in which case, they were exempt



     from the actual testing requirements of proposed



     §250.13.  (See the Background Document on the



     final  Section 3002 standards.  Part 262,  "General



     Requirements  Applicable to Generators of Hazardous

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Waste", for the rationale for the Agency's decision



which allows generators not to analyze their waste.)



Since generators were not required to conduct



analyses to characterize their wastes, it would



have been inconsistent for EPA to require generators



to provide information which could only be acquired



through analysis.



     The commenters' suggestion that EPA require



generators to conduct the Section 3004 waste analysis



requirements is based on the premise that all cr



most generators  are more familiar with the proper-



ties of their waste than are owners or operators,



and thus,  it would be less expensive to require



generators to conduct the required analyses.  Tne



Agency believes  on  the other hand, that although



many generators  may be familiar with the properties



of the waste which  they generate, there are many



companies  which  generate waste about whose properties



the generators know little.   In the  latter case,



it is  doubtful that these companies will purchase



analytical equipment, and the cost of  sending



their  waste to commercial laboratories  for analysis



would  be  comparable to the  cost of  analysis  at



 facilities with  on-site  labs,  or  facilities  wh^ch



 sub-contract  their  analytical work.

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     Furthermore, although generators may have some



Knowledge about the chemical properties of their



waste, the properties owners or operators need to know



to manage a waste go beyond chemical composition.



For example, to treat a waste, one needs to know



not only the constituents of the waste, but also



the compatibility of the waste with the techniques



and chemical reagents used at the facility in the



treatment process.  The Agency believes that, in



many  cases, generators will not possess the latter



type  of  information regarding the wastes properties .



If the generator does possess such information,



presumably  he  will  give it to the owner or operator



in order to save himself  the expense of having  the



owner or operator perform the analysis-.   Also,  by not



mandating that either the generator or the owner or



operator perform the analysis  (note that  the  require-



ment  of  Section 3004 is that the  owner or operator must



obtain an analysis) the owner or  operator can contract



with  the generator  to provide certain  information,



or even  to  provide  the analysis whenever  the  generator



can do so more efficiently  than  the  owner or  operator



can.   If the generator refuses necessary information,



the owner or operator can decline to contract to




accept the  waste.

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          Thus,  it  is  the Agency's  belief that the
     approach  taken in the proposed rules provides a
     means more flexible, and yet as equally cost effec-
     tive as that suggested  by the commenter,  to ensure
     that owners or operators obtain the information  needed
     to manage hazardous  waste.
2.   Section 3008(d) of RCRA states that "any person
     who knowingly...makes any false statement or repre-
     sentation in any...document. . .used for purposes  of
     compliance with this subtitle shall...be subject
     to..." the penalties described in the section.
     Thus, where a generator knowingly provides the
     owner or operator with inaccurate information on the
     waste which he sends to a facility, EPA may bring
     enforcement actions  against the generator.
          Where the generator has  unknowingly supplied
     the  owner or  operator with  inaccurate  information on
     the  properties of the waste,  tort  law  will allocate
     the  liability for accidental  human health or envi-
     ronmental  damage which  may  result  from the owner  or
     operator's mismanagement  of the waste.
 Issue  #2:  The  manifest
 a.   Summary  of Comments
 1.   The standards should be deleted because the infor-
     mation contained on the manifest provides  the
     owner or operator with sufficient  information to:

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                       - 22 -



          comply with the waste analysis standards



          ascertain the parameters necessary for the



          method of treatment, storage,  or disposal



          utilized at the facility.



2.   All information pertinent to the management of the



     waste should be contained in the manifest.



b.   Response to Comments



1.   The proposed manifest requirements include  no



     provisions which require that the generator describe



     either the chemical composition or the compatibility



     characteristics of the waste sent to hazardous waste



     facilities.  Thus, in the proposed rules, the infor-



     mation provided on the manifest' does not provide



     owners or operators with sufficient information to



     comply with the Section  3004 requirements.



2.   The manifest was not designed to provide owners or



     operators with information needed to manage waste-



     sent to facilities.  Rather, the manifest was



     designed to control the  movement of waste from the



     generator's premises to  off-site facilities, and to



     contain information necessary to respond to an



     emergency involving the  waste en route.



          In order to reduce  the paperwork requirements



     for generators who transport their waste, the



     Agency adopted the Department of Transportation's



     (DOT's) shipping paper requirements  (with some

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                       -  23  -



    modifications)  for the  tracking  system to be  used  in



    the  RCRA program.  To include  waste management inform-




    ation on the manifest would require  DOT  to  change  their



    shipping form,  which DOT  is reluctant to do s.nce  this



    would affect the  Nation's entire hazardous  material




    transportation system.  To avoid thwarting  the plan  to



    devise a common EPA/DOT document to  track the transport-



    ation of hazardous waste, the Agency has decided not to




    require generators to supply  waste management inform-



    ation on the manifest in  the  final  rules.  In addition,




    as discussed above,  some  generators  will be unable to



     supply this information because they are unfazuliar



    with the owner's  or  operator's management  practices.



Issue  33:  Redundancy with the Section  3001  waste analysis




           standards



a.   Summary of Comments



     The Section 3004 waste analysis standards  appear to



require an analysis and assessment entirely independent




of that required in the standards for analysis in



proposed §250.10 - 250.13.  The standards should  clarify




that the analysis required in the Section 3001 regulations



satisfies the requirements for waste analysis required




in the Section  3004 regulations.




b.   Response to Comments



     As  explained in response to  comments under Issue  #1,




the information needed to characterize a waste  (as




required  in  proposed §250.13) may overlap with, but is



not identical to, the  information needed to manage a

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                       - 24 -



waste (as required in proposed §250.43).  Thus, the



analysis required in the Section 3001 regulations does



not fully satisfy the requirements for waste analysis



in the Section 3004 regulations.



     However, the standard has been revised to clarify



that data developed to comply with the Section 3001



regulations may be included in the data base compiled



by the owner or operator to comply with the Section 3004



waste analysis standards.



Issue 34:  Facilities regulated under §402 of the Clean



           Water Act



a.   Summary of Comments



1.   Waste streams regulated under §402 of the Clean



     Water Act  (e.g., NPDES facilities) should be exempt



     from the waste analysis standards because they



     overlap with the NPDES permit requirements.



2.   Waste streams contained in closed  sewer systems,



     treated on-site, and  discharged  in compliance with



     an  NPDES permit should be exempt from the waste



     analysis standards.



b.   Response to Comments



1.   To  ensure that the treated waste stream complies



     with the permissible  pollutant  levels specified  in



     the NPDES permit, the standards  prescribed  under



     §402 of the Clean Water Act  (CWA)  require analysis



     of  the waste  stream  (for  certain named components)



     before  it  is  discharged to  surface waters.

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                   - 25 -








         The Section 3004 waste analysis standards, on



    the  other hand, are designed to  ensure that waste



    which  enters a NPDES facility  is compatible with



    the  treatment processes  and chemical reagents used



    at the facility, and with  the  construction materials



    of the containment device  (e.g., tank or  lagoon)



    in which the waste is to be treated.  Thus, the



    waste  analysis which  is  required under §402 of the



    CWA  serves  a different purpose than that  required




    under  Section  3004 of RCRA;  in the former case,



    the  analysis  is  concerned  with the properties of



    the  effluent waste  stream, whereas in the second



    case,  the  analysis  is concerned  with the  properties



    of the influent  waste stream.  Since both sets of



    analyses  are  needed  to  ensure  that waste  is treated




     in an  environmentally sound  manner, the Agency



    rejects the suggestion  to  exempt NPDES  facilities



    from the  Section 3004 waste  analysis  standards.




2.  The  final  standards  exclude  waste treated within a



    totally enclosed treatment facility (which often



    will be a pipeline)  from the requirements of



     Parts  264 and 265.   The Agency's rationale for



    this exclusion is provided in the Part  264/265



    preamble discussion of  Subpart P - Chemical,



     Physical,  and Biological Treatment Facilities.

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               - 25a -





     The Agency on November 17, 1980 also suspended



the applicability of the requirements in 40 CFR



Parts 122, 264, and 265 to owners and operators



of certain wastewater treatment units (e.g.,



clarifiers, aeration tanks, and grit chambers)



where the wastewaters are subject to regulation



under the Clean Water Act.  EPA proposed regulation



of these facilities through a permit-by-rule which



does not call for special waste analysis.  The



Agency's rationale for the suspension and proposal



is provided in the November 17 preamble discussion.

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                       - 26 -






Issue £5;  The hazards associated with sampling and



           analyzing the waste




a.   Summary of Comments



     The standards should be deleted because site




sampling will:



     -    in many cases, subject the disposal operators



          to the potential hazards associated with



          opening and sampling mis-marked containers



     -    increase environmental and employee exposure




          to the waste.



b.   Response to Comments



     The Agency recognizes that sampling and analyzing




hazardous waste entails certain hazards because  facility



personnel must handle the waste in order to sample and .



analyze  it.  The potential for accidents can be  minimized




by the careful controlled sampling and analysis  of hazar-



dous waste.  The §264.16 training standards require



that facility personnel receive enough instruction so




that they can perform their  duties in a manner which



will not endanger human health or the environment.



Thus, facility personnel assigned to analyze hazardous




waste, or to  inspect  incoming vaste to determine that



it matches  that which is identified on the  acoinpanying



manifest, must be  trained  in the  special handling pro-




cedures  which their jobs entail.

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                       - 27 -


     The Agency acknowledges that even with this


additional training, some risks associated with opening


and sampling mis-marked containers remain.  However,


the Agency believes that the danger posed by exposure of


the public to hazardous waste which is mismanaged because


of a lack of information on the waste's properties, can be
        t

much more serious than the danger posed by exposure of


the facility personnel to waste which is mis-labeled.


Unlike the public or the environment, facility personnel


can prepare for unforeseen occurrences (like the arrival


of a mislabeled container at the facility) by complying


with the final Subpart C standards for Preparedness and


Prevention.  In addition, the Agency expects that the


likelihood of a mislabeled container arriving at a


facility will be small because, if a generator knowingly


raislabels a waste, he is subject to the penalties speci-


fied in §3008(d) of RCRA.


     Therefore, like the proposed rules, the final


rules require that waste be sampled and analyzed to the


extent necessary to manage the waste in a manner which


will not endanger human health or the environment.

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                            - 28 -



II.   Comments which are specific to the individual waste




     analysis standards



     A.   Proposed Standard 250.43(f)



     Issue -rl;  The level of detail that is required in the




                analysis




     a.   Summary of Comments



     1.   The nature and scope of the required analysis, is



          vague since it depends on permit conditions, which




          will not be part of the standard, and an interpre-



          tation of the entire Section 3004 standards.  The



          standard should specify that the analysis must:



               be in sufficient detail to quantify those



               characteristics of the waste which may render



               it a hazardous waste under proposed §250.13




               or §250.14.



          -    specify the parameters for ground-water moni-



               toring listed in proposed §250.43-8(c)(5).




     2.   The requirement to "identify the hazardous charac-



          teristics of the waste" is potentially onerous



          because some of the wastes which appear in proposed



          §250.14 are so listed because they contain mutagenic,



          carcinogenic, teratogenic, or bioaccumulative  sub-



          stances.  A detailed chemical and physical analysis




          would not identify these hazardous characteristics



          of the waste.  Therefore,  the required analysis



          should be limited to that  information needed to

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                       - 29 -



     treat,  store,  or dispose of the waste in compliance



     with the Section 3004 standards which pertain to



     the management methods used at the facility.



3.   For uranium overburden and waste rock, the analysis



     submitted in the permit application should fulfill



     the requirement of the standard.



b.   Response to Comments



1.   Because the information needed to treat, store,  or



     dispose of waste differs with the methods used to



    .manage waste (e.g., the information needed to in-



     cinerate waste differs from that needed to neutra-



     lize waste), the Agency purposely wrote non-specific



     waste analysis standards in the proposed §250.43



     General Facility Standards.  However, the Agency



     agrees with the general thrust of the commenters'



     argument that the regulations should, where possible,



     be more detailed regarding the standards for waste



     analysis.  For this reason, in addition to the



     general facility standards for waste analysis, the



     final rules also include, in some technical sections



     of the regulations, minimum waste analysis standards



     specific to the management method regulated in the



     section.  For example, the §265.345 standards for



     incineration contain specific minimum parameters



     (e.g.,  halogen and sulfur content and certain



     heavy metals)  for which waste must be analyzed



     before it is incinerated.  However, since most

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                  - 30 -



waste can tie landfilled in compliance with the




Section 3004 standards without knowing the halogen




or sulfur content of the vaste, the §265.303 waste



analysis standards for landfills do not require



that the waste's halogen or sulfur content be




Tcnown before the waste is landfilled.



     By including the more detailed informational



requirements in the technical sections of the




regulations, while leaving the more general infor-



mational requirements in the general facility



section of the regulations, the Agency believes




that the regulations are specific enough so that



owners or operators will :
-------
                   -  31  -



     EP& rejects the suggestion that analysis  for



the  parameters  specified  in  proposed §250.43-8(c)(5)



should be substituted for the  waste analysis required



in proposed §250.43(f).   The purpose of  the required



analysis in proposed §250.43-8(c)(5) was to determine



if ground water has  been  contaminated  with pollutants



emanating from hazardous  waste facilities.  The



parameters which must be  known to make this deter-



mination differ from those which  must  be known to



.manage  waste.   For example,  measuring  the specific



 conductance of ground water may be an  appropriate



mechanism to monitor the  variations in pollutant



 levels  therein, but  knowing the specific conductance



 of a waste will not  help  an owner or operator  deter-



 mine if his treatment process  can effectively  neutra-




 lize the waste.



      Two additional  reasons for not requiring



 owners  or operators  to  analyze their waste  for the



parameters specified in §250.43-8(c)(5)  of  the



proposed ground water and leachate monitoring



 standards are:



 a.   analysis for  the majority of the  parameters



      specified in  the proposed ground-water moni-



      toring standard can  only be  conducted  in  an



      aqueous media,  which makes a requirement  to



      determine these parameters for non-liquid



      waste inappropriate; and

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                  - 32 -



b.   §250.43-8(c)(5)(vi) required that the ground



     water be analyzed for the concentrations of




     the principal hazardous constituents, or




     indicators thereof, found in the largest



     quantity in the hazardous waste disposed at




     the facility.  Clearly, it would be inappro-



     priate to analyze every waste for. the principal



     constitutents of each waste managed at the




     facility, since every waste managed at a



     facility does not have a chemical composition



     which is similar to the chemical composition



     of all of the wastes managed at the facility.



          Therefore, the final rules do not require



     that the analysis required in the Section  3004




     regulations  specify the parameters listed  in



     §250.43-8(c)(5) of the proposed rules.



 The proposed standard required that owners or opera-




 tors identify the hazardous characteristics of  the



 waste  which must be known to comply with  the



 requirements of  Section 3004, or with  the  require-




 ments  of a permit issued under the provisions of



 Section 3005.  The  requirements of Section 3004



 are concerned with  the  management of hazardous




 waste, and the conditions specified in the facility's




 permit will only be concerned with ensuring that



 waste  is managed in accordance with the  Section 3004

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                  - 33 -



standards.  The effectiveness of very few waste



management techniques will be adversely affected



by a facility operator's ignorance of the carcino-



genic, rautagenic, teratogenic, or bioaccumulative



properties of the waste.  For example, the fact that



a waste is mutagenic has little to do with the



strength of the chemical bonds that hold the waste



together, and thus, the ability of an incinerator



to destroy a waste by breaking its chemical bonds,



will not be affected by whether or not the waste



is a mutagen.  Therefore, the Agency disagrees



with the commenter's criticism that the proposed



wording of the standard infers that analysis for



these properties is required to comply with the



standard.



     The Agency agrees that the required analysis



should be limited, for the most part, to the infor-



mation needed to comply with the Section 3004



standards which pertain to the management methods



used at the facility.  However, because the regu-



lations cannot be written to take into account



all of the idiosyncrasies of all management methods



used at all facilities, the Agency believes that



it should use the facility permit as an auxiliary



mechanism to the Section 3004 standards to impose



additional requirements specific to unusual waste

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               - 34 -



management situations.  For example, the ability



of a facility to treat a particular type of waste




may be adversely affected by the presence of a



particular contaminant (e.g., the contaminant may



combine with the reagent intended to catalyze the



treatment process, thereby rendering the reagent-



useless).  In a case like this, the Aency may want



to include a specific requirement in the facility's



permit to analyze waste to be treated for the



particular contaminant.  Similarly, in other cases,



the permit writer may want to include specific



conditions to analyze for other constituents or



properties of the waste.  Therefore, in addition



to the information needed to comply with the



Section 3004 standards, the Agency believes that



the provision to require analysis for parameters



specified in the permit should be retained in the



Section 3004 waste analysis standards.



     However, since permits will not be issued to



facilities with interim status, the §265.13 interim



status standards for waste analysis do not contain



provisions for compliance with waste analysis



requirements specified in the facility's permit.



Regarding the comment on uranium overburden and



waste rock, the Agency notes that the Solid Waste



Disposal Act Amendments of 1980 (Public Law 96-482)



directs the Administrator to conduct a comprehensive



study of the adverse effects on human health and

-------
                    -  35  -



    the environment from uranium overburden and  waste



    rock.   The  Amendments also suspend EPA's regulation



    of this material  under Subtitle C pending completion



    of the study except  that the Administrator,  through



    regulations issued under §2002, may require  the



    owner or operator of disposal sites to provide



     chemical and physical analysis and composition



     of such wastes, based on available information.



     EPA announced on  November 19, 1980 (45 Federal



     Register 76618) that it intended to examine  the



     scope of the statutory exclusion and consider



     potential regulatory actions under §2002. The



     Agency requested  public comment on both issues.



Issue #2;   The frequency of the required analysis



a.   Summary of Comments



1.   The requirement for performing the analysis  at  the



     time of "initiating management of hazardous  waste"



     is unclear for wastes whose management at a  parti-



     cular facility antedates the effective date  of



     these regulations.



2.   The standard should specify a compliance schedule



     (e.g., 180 days after the effective date of  the



     rules) for these  wastes, due to the anticipated



     shortage of qualified personnel and laboratories



     to conduct waste  analyses.



3.   The requirement to conduct a detailed analysis  of



     each batch of hazardous waste received at a  facility



     should be relaxed for batches which contain  wastes of



     relatively constant composition.

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                            -  36 -

     t>.   Response -to Comreen.-s

     1.   The Agency agrees -hat the phrase "at the time of

          initiating management of the waste" was confusing xn

          the proposed rules.  The intent of the standard was to

          require a detailed analysis of every type of waste

          which is managed at  the facility before the actual

          management of  the waste begins.*  In order to take

          into account -these wastes managed before the effective

          date of the regulations, the phrase "at the time of

          initiating management of the waste" was inserted in

          the proposed standard to inform owners or operators

          that they would have to analyze the types of waste

          previously managed at the facility before the effect-

          ive date of the regulations in order to continue to

          manage these types of waste after the effective date

          of the regulations.  However, since all waste manage-

          ment activities which have been conducted before, and

          which continue to be conducted after the effective

          date of the regulations, are required to be in com-

          pliance with all cf  the applicable Section 3004

          standards, there is  no need to reiterate this fact

          in each standard.  Therefore, the phrase "at the

          time of initiating management of the waste" has

          been eliminated from the final rules.  It should be
* Although storage is a  f:r=. of waste  management, the Agency
  recognizes that it may ze  necessary  to  store waste for a
  minimal amount of tiice '.probably  no  more  than a few hours)
  at facilities before analyzing  it.

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                       - 37  -





     understood,  however, that a detailed analysis must.



     be,  or have been,  performed for each waste which -the



     facility continues tc manage.



2.   The Agency disagrees with the suggestion that a



     compliance schedule should be devised for waste



     whose management at facilities antedates the effec-



     tive date of the regulations.  The Agency believes



     that the alleged shortage of qualified personnel



     and laboratories to conduct the required analysis



     is not so severe that the turn-around time for



     wastes sent to laboratories for analysis will



     exceed six months  (which is the time between the



     promulgation date and the effective date of the



     regulations).



3.   The Agency recognizes that the proposed wording of



     the standard was unclear because it doesn't specify



     whether owners or operators are required to perform a



     detailed analysis on every batch of a particular



     waste, or only on representative batches of the



     waste.  The intent  of the standard was to require



     the latter type of  analysis.  To clarify this



     point, the  final sta-dard requires that the detailed



     analysis be perforraei on a representative sample



     of the waste to be  n-.= naged.

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                       - 38 -



Issue $3:  The confidentiality of the chemical composition



           of the waste



a.   Summary of Comments




1.   Requiring the owner or operator to obtain a detailed




     chemical and physical analysis of the hazardous



     waste will make it difficult to protect proprietary




     information related to the  composition of the waste.



2.   If the analysis is provided to the owner or operator



     from the generator, a mechanism should be provided



     to the generator( so that the furnishing of detailed




     information can be treated  as confidential, if



     requested.




b.   Response to Comments



1.   The Agency believes that the appropriate format  to



     use to address problems concerning confidentiality



     of information provided by  generators to owners  or




     operators, is a contract rather than a regulation.




     If a generator believes that the dissemination of




     the chemical composition of his waste to outside



     parties will be advantageous to his  competitors,



     the Agency believes that the generator should



     enter  into a contractual agreement with the owner or



     operator, whereby the owner or operator must treat  as



     confidential the  information which the generator




     provides to him,  or which the owner  or operator



     obtains  from a  lab concerning the generator's waste.

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                  - 39 -

     It is,  of course, possible that it will be

necessary for the Agency to learn of the contents

of such information in order to enforce the Section

3004 hazardous waste regulations.  In such a case,

Section 3007(b) of RCRA provides that this infor-

mation may be treated as confidential if it

     concerns or relates to trade secrets,
     processes, operations, style of work,
     or apparatus, or to the identity,
     confidential statistical data, amount
     or source of any income, profits, losses,
     or expenditures of any person, firm,
     partnership, corporation, or association;
     [18 U.S.C. §1905]

EPA has protected such information through the

regulations of 40 CFR Part 2, §2.305, as amended

September 3, 1978, which provide that information

which companies indicate they wish treated as

confidential will be released only if EPA finds,

after opportunity for a contested hearing, that

the release of this information is not "likely to

cause substantial harm to the company's competitive

position" [40 CFR §2.208(e)(1)].

Because legitimate interests in the confidentiality

of the chemical composition of a generator's waste

will be protected by contractual provisions and by

EPA's existing confidentiality regulations, it is

unnecessary to provide a separate mechanism in the

Section 3004 rules whch addresses the confidentiality

of this type of  information.  The Agency believes

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                       - 40 -



     that the need to protect human health and the environ-



     ment from the mismanagement of hazardous waste over-



     rides the need for further mechanisms to protect




     proprietary information related to the composition



     of a generator's waste.



Issue f4;  Miscellaneous comments



a.   Summary of Comments




1.   The "Note" to the standard should be deleted




     because it eliminates some of the specificity of



    . the proposed standard.




2.   The analysis should have to be certified, end EPA




     should immediately review the analysis and comment,



     if necessary, on its acceptability.



3.   The standard should specify the methods to be used




     in obtaining samples of the waste for analysis.



b.   Response to Comments



1.   The Agency agrees that the "Note" to the standard




     could be interpreted to eliminate some of the



     specificity of the standard.  The only part of the



     "Note" which has been retained in the final rules



     is that provision which allows the owner or operator



     to include data developed before the effective



     date of the regulations in the data base which




     must be compiled to comply with the standard.  The



     Agency acknowledges that the rest of the "ITote"



     contributes little to the standard, and thus, has




     eliminated it from the final rules.

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                  - 41 -




The Agency agrees that it would be desirable for




EPA to review the results of each waste analysis



to ensure that the analysis contains the information




needed to manage a waste.  Unfortunately, the




number of reviews which EPA would have to conduct



if it required owners or operators to obtain EPA




review of their test results before waste could be




managed, makes such a requirement impractical



because EPA lacks sufficient manpower to provide a




timely turn-around of the test results.




     Although EPA cannot examine each waste analysis



to ensure that all information necessary for proper




management of the waste has been obtained, the




Agency has, however, decided to require owners or



operators to develop and maintain a waste analysis




plan.  The plan will perform the sane function as




the suggested requirement.  At a minimum, the plan




must describe:



(a)  the parameters for which each waste will be




analyzed and the rationale for the selection of




these parameters (i.e., how analysis for these




parameters will provide sufficient information




on the waste's properties to manage the waste in



a manner which complies with the Section 3004




standards);



(b)  the test methods which will be used to test




     for these parameters; and

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                        - 42  -



     (c)  the sampling  method which will be used to



          obtain a  representative sample of the waste



          to be analyzed.



     Because this plan  will  be  reviewed when the




     facility's application  for a permit is evaluated,



     the Agency believes that this review process will




     encourage owners or operators to conduct thorough



     analyses of the waste which they manage.




3.   The Agency agrees  that  the standards should specify



     the methods to be  used  to  obtain samples of the



     waste for analysis.  Therefore, the final standarfs



     require that the samples be obtained using either:



     (i)  One of the sampling methods described in



          Appendix  I of the  Part. 261 rules; or



    (ii)  An equivalent sampling method.




    [Comment; See §261.20(c) for related discussion.]



B.   Proposed Standard  250.43(g)




Issue f 1:  The frequency of  the re-testing requirement



a.   Summary of Comments



     1.   The annual retesting  requirement is inadequa-e



          for operations highly dependent on consistent




          waste stream  quality  (e.g., incinerators).



     2.   The minimum annual testing requirement is an




          unnecessary expense.   The retesting of a was-:s



          should only be required when:



          -    the  process or operation generating the




               waste changes, or

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                       - 43 -



               it is reasonably known that the compo-



               sition or characteristics of the waste



               has changed.



3 .   The annual retesting requirement should be delated



     because provisions for retesting are included in



     proposed §250.I0(d)(l)(lii).



4.   The provision for repeated analysis is inconsistent



     with Section 3005(c) of RCRA, under which an owner or



     operator may be afforded a specified period of



     time for bringing his facility into compliance with



     the Section 3004 requirements.  Therefore, the



     provision for repeated analysis should not apply



     to facilities whose permits include compliance



     schedules.



5.   The Agency should clarify:



          what is meant by the phrase "as necessary"



     -    whether the permit writer or the owner or operator



          determines the frequency of the analysis



          whether, in the latter case, will failure



          to perform sufficient monitoring be cause for



          enforcement action?



     -    whether sampling annually will protect the



          owner or operator from enforcement action.



b.   Response to Comments



1.   The proposed standard required that at least



     annually, an owner or operator must obtain or repeat,



     as necessary, a detailed analysis of each waste

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                    - 44 -






     managed at the facility.  Thus, for managment



     methods highly dependent on consistent waste




     stream quality, the standard required that the



     analysis be repeated as often as necessary to



     ensure that the waste would be managed in a




     manner which would not endanger human health or



     the environment.  The decision as to how often



     within the year the analysis would have to be



     repeated to comply with the standard was left up



     to the owner or operator.  For the most part,



     this decision is still left up to the owner or



     operator in the final rules.  However, the owner



     or operator is required to specify how often he



     intends to repeat the analysis in the facility's



     waste analysis plan and permit aplication.



2.   The Agency believes that the properties of most



     waste streams vary within the course of a year,




     and therefore, owners or operators should re-



     analyze waste, at least annually, to determine



     if such variations will influence the effective-



     ness of the methods used at the facility to



     manage waste.  However, if the owner or operator



     is correct in his belief that the properties




     of the waste which he manages will not change,



     then the Agency agrees that to re-analyze the

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                   -  45  -




waste  annually would be unnecessary.   Therefore,



the minimum  annual retesting requirement  has  been




deleted  from the  final  rules.   However, the  final




rules  do require  that,  at a minimum,  waste must be



re-analyzed  (1) when the  owner or operator is



notified,  or has  reason to believe, that  the  process




or operation generating the waste has changed,  and



 (2)  for  off-site  facilities, when the results of



the  spot-check tests required in the  final  §264.l3(c)




.of the regulations indicate that the  hazardous



waste  received at the  facility does not match the



waste  designated  on  the accompanying  manifest or




 shipping paper.



 The  provisions  for retesting in proposed




 §250.lO(d)(1)(iii) referred to the waste analysis




 required in  proposed §250.13, and thus did  not



 apply to the waste analysis requirements of  Section




 3004 (see discussion on page 30 of this document).




 However, the provision for retesting specified in



 proposed §250.10(d)(l)(iii), which requires  that




 the analysis be repeated "when there is a significant




 change in their feed materials or operations which



 may alter the test  results", is comparable to the




 provision for retesting specified in the final




 Section 3004 waste  analysis requirements.



 As explained in the response to comments received




 on proposed  §250.43(f), the Agency believes  that

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                  - 46 -



the 6 month grace period between the promulgation




and the effective dates of the regulations,  should



provide adequate time to perform the analysis re-



quired in the Section 3004 standards.  Therefore,




since the Agency believes that it will be unneces-



sary to provide facilities additional time to comply



with the waste analysis standards, including those




facilities on a compliance schedule for other as-



pects of the regulations, the Agency disagrees with



the comment that the provisions for re-analysis of




waste are inconsistent with  Section 3005(c) of



RCRA.



The Agency has deleted the phrase "as necessary"



from the final rules, and has specified minimum



conditions for re-analysis,  as described  in the



response to comment  #2 of this section.



     During interim  status,  the owner or  operator



will determine how often his waste  should be re-



analyzed, and will include that information in the



facility's waste analysis plan.  When the facility's



permit application is., evaluated, the permit writer




will review the  facility's waste analysis plan,




and will modify the  provisions of the plan where



he thinks that the owner or  operator has  selected



an inappropriate time interval for  re-analysis of




the waste managed  at the  facility.

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                       - 47  -




          In the case of interim  status, during which



     the  cvner  or operator is  the sole decision-maker




     rerariing  the  frequency with which waste  should be




     re—analyzed, if an accident  occurs at  the facility



     due  to inaccurate  or out-dated information on the




     oroperties of  the  waste,  the enforcement  actions




     which may  be brought against the facility may



     deoend on  whether  the owner  or operator selected the




     tine interval  for  waste re-analysis  in good  faith.




     If it can  be determined that the owner or operator



     
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                            - 48 -



     b.   Response to Comments




     i.   The Agency agrees that, since the term "waste stream"



          has not been defined, the term "hazardous waste"



          should be used rather than the terra "waste stream".



          "Waste stream" has been deleted from the final



          rules.




     2.   The proposed §250.23 standards deal with reporting




          requirements applicable to generators.  The Agency



          fails to see how these standards have anything to



          do with the Section 3004 waste analysis standards




          for hazardous waste management facilities, and



          thus rejects the suggestion to delete the latter



          because they allegedly overlap with the proposed



          generator reporting requirements.



C.   Proposed Standard 250*43(h)



Issue TTJ;  The four properties for which the wastes must be




           analyzed



a.   Summary of Comments



     1.   The choice of the four properties for measure-



          ment seems arbitrary, and their importance is



          unclear.



     2 .   The properties to be analyzed for may not be



          necessary or appropriate for all categories of



          waste.  Therefore the standard should be revised




          so that:

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                            - 49 -



          -    provisions for a variance from the required



               analysis are afforded in the standard



               the properties to be analyzed for are deleted



               from the standard, and the selection of the



               properties of the waste to be analyzed is left



               up to the facility management



               the waste is analyzed by the method specified



               by the generator as suitable for determining



               the waste's identity.



     3.   There is no assurance that any of the four tests



          will determine the actual identity of the waste.



          Additionally, the identity of the waste is of



          secondary importance in determining the charac-



          teristics of the waste which impact waste management.




b.   Response to Comments



1-3  The choice of the four properties for which analysis



     was required in §250.43(h) in the proposed rules, was



     based on the Agency's belief that analysis for these



     properties would be quick, inexpensive, and suitable to



     determine the identity of most waste managed at hazardous



     waste facilities.  However, the Agency agrees that



     measuring for these properties may be inappropriate for



     certain categories of waste  (e.g., measuring the specific



     gravity of a solid tells the owner or operator little about



     the properties of the waste which would determine  its



     identity).  Therefore,  in  response to comments, the

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                             - 50  -



     four properties  to be  analyzed for have "oeen deleted




     from the  standard.   Instead, the final r~.iles require




     that the  owner or operator specify the tests which  vill  be



     used to determine the  identity of inccr.ing waste  managed



     at the facility.  The  Agency will review  the tests




     selected  by the  owner  or operator to determine  the  identity



     of the wastes managed  a,t the facility vh-en the  facility's




     permit application  is  evaluated.  Where the permit




     writer believes  that the facility's wa.=ta analysis  plan



     is inadequate, he will modify  the plan to include pro-




     cedures which he believes are  appropriate to determine the




     identity  of incoming waste to  the facili-y.



Issue f2:  Sampling each  trucklcad  of similar  was.e




a.   Summary of Comments



     1 .   The  requirement to sanple each tr_c3:loai of  uniform



          waste is unreasonable because:




          -     it  is  expensive in terms of nanpower  and




                laboratory costs



          -     the waste  stream  characteristics are  not




                likely to  vary



          -     changes  in the ---".ste stream's  characteristics



                will be  noted on  the manifest.



          Therefore,  facilities which receive  large  numbers




          of truckloads  of  uniform waste should r.ct  be required



          to sample each truc'iload unless:

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                            - 51 -



          -    the process or operation which generates the



               waste changes



          -    the batch differs significantly from those



               which were previously received at the facility



          -    a change in the waste's constituents is noted



               on the manifest.



     2.   Where it can be demonstrated that multiple truck-



          loads of waste have uniform physical and chemical



          characteristics:



          -    enough testing should be done to assure



               proper facility operation



               sampling of only a small percentage of the



               transport loads, or sampling only once or



               twice a week, should be required



               analysis of only random samples should be



               required to determine possible changes in the



               waste stream characteristics.



     3.   The use of the term  "shipment" should be clarified.



b.   Response to Comments



  1 & 2   The Agency believes  that the owner or operator should



     determine the identity of each truckload managed at the



     facility.  However, where the owner or operator is confident



     that the contents of each truck contains waste which has



     uniform chemical and physical properties, the Agency



     doesn't believe that sampling each truckload of waste is



     necessary to determine the waste's identity.  In cases  like

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                        - 52 -



 this,  a visual comparison of the waste.'s  color  and




 texture with waste in other trucks may suffice  to ensure



 that the incoming waste in each truck  is  the  same.




      Therefore,  the requirement to sample each  truckload



 of  waste has been deleted from the standards.   In its



 place,  the  final rules require that the waste analysis



 plan developed by the owner or operator,  must describe the




 tests  to be used,  and the frequency with  which  these



 tests  will  be conducted,  to determine  the identity of



 incoming waste managed at the facility.   In addition,




 for  those management methods which are highly sensitive



 to  fluctuations  in waste  stream quality (e.g.,  inciner-



 ators),  minimum  frequency requirements for these tests




 (e.g.,  each truckload)  may  be prescribed in  the specific



 waste  analysis standards  contained in  the technical



 sections  of the  regulations.




     The  commenters'  statement that "changes in the



 waste  stream's characteristics will be noted on the



manifest" is  incorrect  (see discussion on page  22 of



 this document) .




 3 .   The  Agency  agrees  that in many of the proposed rules



 in which  the  term  "shipment"  was  used, it  was unclear




whether the  requirements  pertained to  each truckload of



 a waste,  each convoy  (i.e.,  more  than  one  truck) of a



waste transported  on  any  one  day,  or each convoy of a




waste transported  over  several  days.   To  eliminate this

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     ambiguity,  the  Agency has  aided the  definition of




     "movement"  to the  final  ?ar^  260 rules.




          "Movement" is defined as "hazardous  waste trans-




     ported to  a facility in  an individual vehicle". An



     example of a "movement"  is a  truckload of waste. Unlike




     the proposed rules, the  tern  "shipment"  is not used  in



     the final  rules to refer tc truckloads or other similar



     aggregates  of transported  waste. The word "shipment" is




     a "term-of-the-art" used in the transportation industry



     which has  a meaning different than that of the Agency's




     use of the term in the proposed rules. To avoid the




     potential  confusion which  night result from EPA using



     the tern "shipment" diffars--ly than the way the trans-




     portation  industry uses  it, the term "movement" has  been




     added to the final rules t= refer to waste transported




     in an individual vehicle.










Issue 33;  The  "Note" to the  standard




a.   Summary of Comments



     1.   The "Note" should apply  to off-site, as well  as




          on-site facilities.



     2.   The "Note" should apply  to off-site facilities:



               owned or controlled by the generator

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          solely operated for  the disposal of a par-




          ticular generatrr"" s  waste



          where a disposal contract exists between



          a generator,  carrier,  and disposer of a




          specific waste.



3.   The  "Note" should  be deleted because analysis is



     the  key to proper  waste management.




b.   Response to Comments



1.   Because the potential  for deliberate misrepresen-



     tation of the  identify of a waste is minimal  at




     on-site facilities, -he final  standard  for  deter-



     mining the identity cf received  waste only  applies



     to off-site  facilities.



2.   The  Agency disagrees tl-.at the  off-site  facilities



     mentioned by the co—er-ters should be  exempt  from  the



     standards  for waste i.e-ernu.nation because the poten-




     tial for a inixup of =.  waste's  identity  is signifi-




     cantly  greater if tha  waste is transported off-site.



     However, the Agency "believes that the  modification




     made to the  standard,  which allows the owner or




     operator to tailor th=> facility's waste analysis plan



     to contain those tesis needed to determine the iden-




      tity of waste managei at the facility,  provides



      enough flexibility so -hat the owners or operators



      of the types of off-si~e facilities mentioned by



      the commenters will re able to devise a program

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                  - 55 -



which is appropriate to the waste management



needs of these facilities.



The "Note" to the proposed standard did not relax



the requirement for on-site facilities to conduct



a detailed analysis of the wastes which they manage.



The "Note" simply relaxed the requirement to deter-



mine the identity of each batch of waste managed at



these facilities.  The Agency believes that because



these facilities are required to analyze the wastes



which they generate/manage, it is unnecessary to



require them to re-determine the identity of these



wastes.  Therefore, the  final rules  for waste



determination only apply to off-site  facilities.

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PART III:  RESPONSE  TO COMMENTS ON




     MAY 19, 1980  REGULATION

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I.   Introduct ion
     When the final regulation language for the general waste
analysis requirement was promulgated on May 19, 1980, comments
were requested as to the propriety of including this requirement
as an Interim Status Standard (ISS).  The comments received by
the Agency strayed from the issue of inclusion in ISS.  However,
the Agency hopes that the following responses will assist the
regulated community in developing a better understanding of the
requirements.
II.  Response to Comments
     Issue_ tit  Delay the effective date
     A.   Summary of Comment
          It may not be possible to complete all the necessary
     analyses by November 19, 1980.  EPA should grant a six month
     extension.
     B.   Response to Comment
          Since the information gained through waste analysis is
     necessary for compliance with most of the requirements of
     Part 265, the decision which confronts the Agency is whether
     to delay the effectiveness of this Part.  The Agency, in
     view of the mounting hazardous waste crisis and in the face
     of considerable Congressional and public pressure, cannot
     delay the implementation of Part 265 any  longer.  Therefore,
     no delay has been granted.

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Issue #2;  Allow storage before analysis.



A.   Summary of Comment




     The requirement states that the owner or operator must



obtain a detailed waste analysis before the waste is treated,



stored, or disposed.  The requirement makes it illegal to



store the waste while the waste analysis is being completed.



An owner or operator receiving shipments of hazardous waste



must be allowed to store it while he conducts the necessary



analyses.




B.   Response to Comment



     Waste analysis information is necessary to comply with



the requirements for storage in tanks, containers or piles.



The detailed analysis is a one-time analysis which should be



performed on a sample of the waste before the first shipment



is received at a facility.  The analysis will ensure that



the facility receiving the waste will be capable of managing



it properly.



Issue #3;  Require generator to disclose information.



A.   Summary of Comment



     The Agency should require the previous owner or a waste




to disclose all information about the waste to the treater,



storer or disposer.



B.   Response to Comment



     The Agency does not have the authority to require the



disclosure of information to a third party.  However, a



treater, storer, or disposer can always refuse to accept




waste if necessary information is not provided.

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                           - 59 -



Issue #4;  Time and cost of verifying manifest.




A.   Summary of Comment



     Excessive lead time and cost will be involved in



conducting the analyses necessary to verify the manifest




information.



B.   Response to Comment



     While the initial waste analysis may require a substan-




tial length of time, verification of manifest information




will frequently involve relatively quick tests (e.g., pH,



visual comparison with standard sample) which will be per-




formed at the facility.  However, in some cases a more



extensive analysis will be required.  This may involve more



expense, but should not require extensive time since it can




be performed at the facility.

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                           - 60 -


FINAL REGULATION LANGUAGE

                §264.13  General Waste Analysis

(a)(l)   Before an owner or operator treats, stores, or dis-
     poses of any hazardous waste, he raust obtain a detailed
     chemical and physical analysis of a  representative
     sample of  the waste.  At  a minimum,  this analysis must
     contain all the  information which must be known to
     treat, store, or dispose  of the waste in accordance
     with the requirements of  this  Part or with the con-
     ditions of a permit issued under Part 122, Subparts A
     and 3, and Part  124 of this Chapter.

    (2)   The analysis may  include  data developed under Part
     261 of this Chapter,  and  existing published or docu-
     mented data on the hazardous  waste or on hazardous
     waste generated  from  similar  processes.

     [Comment;  For example,  the  facility's  records of analyses
     performed  on the waste before the effective date of these
     rerulations, or  studies  conducted on hazardous waste
     generated  from processes  similar to  that which generated
     the waste  to be  managed  at the facility, may  be  included
      in the data base required to  comply  with paragraph  (a)(l)
     of this  Section.  The owner or operator of an off-site
      facility may  arrange  for the generator of  the hazardous
     waste to suoply  part  or  all of the  information required
     by paragraph  (a)(l)  of this Section.  If  the  generator
      does  not supply  the information,  and the  owner or  operator
      chooses  to accept a hazardous waste, the  owner or  operator
      is responsible  for obtaining the information  required to
      comply with  this Section.]

    (3)     The analysis must be repeated  as necessary  to ensure
      that it  is accurate and up to date.   At a minimum,  the
      analysis must be repeated:

           (i)  When the owner or operator is notified,  or has
                reason to believe, that the process or operation
                generating the hazardous waste has changed;  and

          (ii)  For off-site facilities,   when the results of
                the inspection required in paragraph (a)(4)  of
                this  Section indicate that the hazardous waste
                received at the facility  does not match the
                waste designated on the accompanying manifest
                or shipping paper.
    (4)    The owner or operator of  an off-site facility must
      inspect and, if necessary, analyse  each hazardous waste
      movement received at  the  facility to determine whether
      it matches  the identity of the waste specified on the
      accompanying manifest or  shipping paper.

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                              - 61  -


(b)   The owner or operator must develop and follow a written
     waste analysis plan which describes the procedures which he
     will carry out to comply with  paragraph (a)  of this Section.
     He must keep this plan at the  facility.  At  a minimum,  the
     plan must specify:

     (1)  The parameters for which  each hazardous waste will be
          analyzed and the rationale for the selection of these
          parameters (i.e., how analysis for these parameters
          will provide sufficient information on  the waste's
          properties to comply with paragrah (a)  of this Section);

     (2)  The test methods which will be used to  test for these
          parameters;

     (3)  The sampling method which will be used  to obtain a
          representative sample of  the waste to be analyzed.  A
          representative sample may be obtained using either:

          (i)  One of the sampling  methods described in Appendix I
               of Part 261 of this  Chapter; or

         (ii)  An equivalent sampling method.

     [Comment:  See §260.21 of this Chapter for related discussion.]

     (4)  The frequency with which the initial analysis of the
          waste will be reviewed or repeated to ensure that the
          analysis is accurate and up to date;

     (5)  For off-site facilities,  the waste analyses that
          hazardous waste generators have agreed to supply; and

     (6)  Where applicable, the methods which will be used to meet
          the additional waste analysis requirements for specific
          waste management methods as specified in  §264.17.

 (c)  For off-site  facilities, the waste analysis plan required  in
     paragraph  (b) of this Section must also specify the procedures
     which will be used to inspect, and if  necessary, analyze
     each movement of hazardous waste received at the facility  to
     ensure that  it matches the identity of the waste designated
     on the accompanying manifest or shipping paper.  At a minimum,
     the plan must describe:

     (1)  The procedures which will be used to determine the  iden-
          tity  of  each movement of waste managed at the  facility; and

     (2)  The sampling method which will be used to obtain  a  repre-
          sentative  sample of the waste to  be identified, if  the
          identification method  includes sampling.

     [Comment;   Part  122,  Subpart B, of this Chapter requires
     that the waste  analysis  plan be submitted with Part B  of the
     permit  application.3

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                           - 62 -


               §265.13  General Waste Analysis

(a)(l)    Before an owner or operator treats, stores,  or dis-
     poses of any hazardous waste, he must obtain a detailed
     chemical and physical analysis of a representative
     sample of the waste.  At a minimum, this analysis must
     contain all the information which must be known to
     treat, store, or dispose of the waste in accordance
     with the requirements of this Part.

   (2)    The analysis may include data developed under Part 261
     of this Chapter, and existing published or documented
     data on the hazardous waste or on waste generated from
     similar processes.

     [Comment:  For example, the  facility's records of analyses
     performed on the waste before the  effective date of these
     regulations, or studies conducted  on hazardous waste
     generated from processes similar to that which generated
     the waste to be managed at the  facility, may be  included
     in the data base required to comply with paragraph  (a)(l)
     of this Section.   The owner  or  operator of an off-site
     facility may arrange  for the generator of the hazardous
     waste to supoly part  or all  of  the information required
     by paragraph"(a)(1) of this  Section.   If the generator
     does not supply the information, and the owner or operator
     chooses to accept  a hazardous waste, the owner or operator
     is responsible for obtaining the information required  to
     comply with  this Section.]

   (3)    The analysis  must be repeated as  necessary  to  ensure
     that  it is accurate and up to date.  At  a minimum,  the
     analysis must be repeated:

           (i)  When the owner or  operator is  notified, or has
               reason to believe, that  the  process or operation
               generating  the hazardous waste has changed;  and

          (ii)  For  off-site  facilities, when  the  results of
               the  inspection  required  in paragraph  (a) (4)  of
               this  Section  indicate that the hazardous  waste
               received at the  facility does  not  match the
               waste  designated  on  the  accompanying manifest
               or shipping paper.

    (4)     The  owner or  operator  of  an off-site  facility  must
      inspect and, if necessary,  analyze each  hazardous waste
      movement  received  at the  facility to  determine whether
      it matches  the identity of  the  waste  specified on the
      accompanying manifest or shipping paper.

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                            - 63 -

(b)  The owner or operator must develop and follow a written
     was-a analyses plan which describes the procedures which
     h.e viii carry out to comply with paragraph (a) of this
     Section.  He must keep this plan at the facility.  At a
     rzin^num, the plan must specify:

     (1)  The parameters for which each hazardous waste will
          be analyzed and the rationale for the selection of
          these parameters (i.e., how analysis for these para-
          aeters will provide sufficient information on the
          waste's properties to comply with paragraph (a) of
          this Section);

     (2)  The test methods which will be used to test for
          these parameters;

     (3)  The sampling method which will be used to obtain a
          representative sample of the waste to be analyzed.
          A representative sample may be obtained using either:

          (i)  One of the sampling methods described in
               Appendix I of Part 261 of this Chapter; or

         (li)  An equivalent sampling method.

     H Cement: See §261.20(c) of this Chapter for related
     discussion.]

     C4)  The frequency with which the initial analysis of
          the waste will be reviewed or repeated to ensure
          -hat the analysis is accurate and up to date;

     (5)  For off-site facilities, the waste analyses that
          hazardous waste generators have agreed to supply; and

     (6)  Where applicable, the methods which will be used
          to meet the additional waste analysis requirements
          for soecific waste management methods as soecified
          in §§265.193, 265.225, 265.252,  265.273, 265.345,
          265.375, and 265.402.

(c)  For off-site facilities, the waste analysis plan required
     _.n paragraph (b) of this Section must also specify the
     procedures which will be used to inspect and, if neces-
     sary, analyze each movement of hazardous waste received
     at -he facility to ensure that it matches the identity
     of -he waste designated on the accompanying manifest or
     shipping paper.  At a minimum, the plan must describe:

     [!',  The procedures which will be used to determine the
          identity of each movement of waste managed at the
          facility; and

     [2]  The sampling method which will be used to obtain a
          representative sample of the waste to be identified,
          if the identification method includes sampling.

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                           - 64 -
                          References

1.   Confirme-i by telephone by Cindy Giansante, Environmental
      Jcientis-, EPA, Washington,  D.C., on November 14, 1979
     with Colton 3. Phillips, Sanitary Supervisor, Genessee
     County Health Department, Michigan.

2.   Hazardous Waste Generation - Twin Cities Metropolitan
     Area.  Earr Engineering Company, Minneapolis, Minnesota.
     October, 1973, p.  3-2.

3 .   St. Paul Dispatch,  "Search for Toxic Wastes Buried at
     Pine Bend Landfill  Continues", September 2, 1975.
     Confirmed by telephone by Cindy Giansante, Environmental
     Scientist, EPA, Washington,  D.C., on November 14, 1979
     with Dave Gurney,  Environmental Health  Engineer; Dakota
     County Highway Department; Hastings, Minnesota.

4.   Confirmed by teleohone bv Cindy Giansante, Environmental
     Scientist, EPA, Washington,  D.C., on November 14, 1979
     with Jerry Gavin,  Life Scientist, SPA,  Region 9, San
     Francisco, California.

5.   U.S. Environmental Protection Agency.   Hazardous v?aste
     Disposal -Damage  Reports.  Office  of Solid  Waste.
     EPA/530/5W-151.3,  June,  1976, pgs.  10-12.

6.   California:  Title 22  (Register  77, So. 42 -  10-15-77)
     Division  4.  Environmental Health,  Chapter 2.   Minimum
     Standards  for Management  of  Hazardous  and  Extremely
     Hazardous Wastes,  Section  60231  - 60233.

7.   Minnesota Hazardous Waste Management Rules (February  3,
     1978).

8.   Washington:  Hazardous Waste Disposal,  Chapter  70.105.030,
     1976.

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