[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22492]


[[Page Unknown]]

[Federal Register: September 19, 1994]


_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 268




Hazardous Waste Management System; Testing and Monitoring Activities, 
Land Disposal Restrictions Correction; Final Rule



40 CFR Parts 148, et al.



Land Disposal Restrictions Phase II--Universal Treatment Standards, and 
Treatment Standards for Organic Toxicity Characteristic Wastes and 
Newly Listed Wastes; Final Rule
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[FRL-5070-2]

 
Hazardous Waste Management System; Testing and Monitoring 
Activities, Land Disposal Restrictions Correction

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correction.

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SUMMARY: This action corrects the final regulations which were 
published Tuesday, August 31, 1993 (``Hazardous Waste Management 
System; Testing and Monitoring Activities; Final Rule'', 58 FR 46040). 
This action corrects the unintended removal of text from 40 CFR 
268.7(a), which sets out the generator waste analysis and recordkeeping 
requirements of the land disposal restrictions under Subtitle C of the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended.

EFFECTIVE DATE: This action is effective as of August 31, 1993.

FOR FURTHER INFORMATION CONTACT: For further information about this 
correction contact Kim Kirkland at (202) 260-4761, Office of Solid 
Waste (Mailcode 5304), U.S. Environmental Protection Agency, 401 M 
Street, SW., Washington, DC 20460. For information about 40 CFR 
268.7(a) requirements, contact the RCRA Hotline on (800) 424-9346 
(toll-free) or, in the Washington, DC metropolitan area, (703) 412-
9810.

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of this correction 
(August 31, 1993, 58 FR 46040) amended the hazardous waste regulations 
for testing and monitoring activities by replacing the Second Edition, 
Updates I and II, of the EPA approved test methods manual ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, by incorporating by reference the Third Edition of 
SW-846 and its Update I into Sec. 260.11(a) of the RCRA regulations. In 
addition, the final rule also made a technical amendment to 
Sec. 268.7(a) (concerning waste analysis and recordkeeping 
requirements) whereby the reference to the appendix IX of Part 268 was 
revised to reference SW-846 Methods 1311 and 1310. The Agency intended 
to revise only the introductory text of Sec. 268.7(a) and to retain 
without change all of the subparagraphs following the introductory 
text. However, due to an inadvertent administrative error in 
incorporating the August 31, 1993 rule into the 1994 edition of the 
Code of Federal Regulations (CFR), the subparagraphs following the 
introductory text were unintentionally removed. This action clarifies 
that subparagraphs 40 CFR 268.7(a)(1)-268.7(a)(10), as set forth in 
this action, remain in effect, and are regarded by EPA to have been in 
effect continuously in the form published in the Code of Federal 
Regulations revised as of July 1, 1993.
    It should be noted that 40 CFR 268.7(a) as published in this 
action, as well as other regulations implementing the land disposal 
restriction (LDR) program, have been amended in a final rule that is 
published elsewhere in today's Federal Register. The regulatory text 
set forth in this action does not include the amendments to 
Sec. 268.7(a) made by that LDR final rule. The purpose of this action 
is to make clear that the August 31, 1993 rule was intended only to 
modify the introductory text of Sec. 268.7(a), and was not intended to 
delete paragraphs (a)(1)-(a)(10). Therefore, the complete version of 
Sec. 268.7(a) as it should have appeared since the August 31, 1994 
Federal Register is set forth in this action. Readers are urged to 
refer to the LDR final rule, published elsewhere in today's Federal 
Register, for the full and current text of Sec. 268.7(a).

List of Subjects in 40 CFR Part 268

    Environmental protection, Hazardous waste, Reporting and 
recordkeeping requirements.

    Dated: August 30, 1994.
Peter Robertson,
Acting Assistant Administrator, Office of Solid Waste and Emergency 
Response.
    Therefore, for the reasons set forth in the preamble, 40 CFR part 
268 is corrected by making the following correcting amendments:

PART 268--LAND DISPOSAL RESTRICTIONS

    1. The authority citation for part 268 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.

    2. Section 268.7(a) is revised to read as follows:


Sec. 268.7  Waste analysis and recordkeeping.

    (a) Except as specified in Sec. 268.32, if a generator's waste is 
listed in 40 CFR part 261, subpart D, the generator must test his 
waste, or test an extract using the Toxicity Characteristic Leaching 
Procedure, Method 1311 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by 
reference in Sec. 260.11 of this chapter, or use knowledge of the 
waste, to determine if the waste is restricted from land disposal under 
this part. Except as specified in Sec. 268.32 of this part, if a 
generator's waste exhibits one or more of the characteristics set out 
at 40 CFR part 261, subpart C, the generator must test an extract using 
the Extraction Procedure Toxicity Test, Method 1310 in ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, as incorporated by reference in Sec. 260.11 of this 
chapter, or use knowledge of the waste, to determine if the waste is 
restricted from land disposal under this Part. If the generator 
determines that his waste displays the characteristic of ignitability 
(D001) (and is not in the High TOC Ignitable Liquids Subcategory or is 
not treated by INCIN, FSUBS, or RORGS of Sec. 268.42, Table 1), or the 
characteristic of corrosivity (D002), and is prohibited under 
Sec. 268.37 of this Part, the generator must determine what underlying 
hazardous constituents (as defined in Sec. 268.2), are reasonably 
expected to be present in the D001 or D002 waste.
    (1) If a generator determines that he is managing a restricted 
waste under this part and the waste does not meet the applicable 
treatment standards set forth in Subpart D of this part or exceeds the 
applicable prohibition levels set forth in Sec. 268.32 or RCRA section 
3004(d), with each shipment of waste the generator must notify the 
treatment or storage facility in writing of the appropriate treatment 
standards set forth in Subpart D of this part and any applicable 
prohibition levels set forth in Sec. 268.32 or RCRA section 3004(d). 
The notice must include the following information:
    (i) EPA Hazardous Waste Number;
    (ii) The corresponding treatment standards for wastes F001-F005, 
F039, wastes prohibited pursuant to Sec. 268.32 or RCRA section 
3004(d), and for underlying hazardous constituents (as defined in 
Sec. 268.2), in D001 and D002 wastes if those wastes are prohibited 
under Sec. 268.37. Treatment standards for all other restricted wastes 
must either be included, or be referenced by including on the 
notification the applicable wastewater (as defined in Sec. 268.2(f)) or 
nonwastewater (as defined in Sec. 268.2(d)) category, the applicable 
subdivisions made within a waste code based on waste-specific criteria 
(such as D003 reactive cyanides), and the CFR section(s) and 
paragraph(s) where the applicable treatment standard appears. Where the 
applicable treatment standards are expressed as specified technologies 
in Sec. 268.42, the applicable five-letter treatment code found in 
Table 1 of Sec. 268.42 (e.g., INCIN, WETOX) also must be listed on the 
notification;
    (iii) The manifest number associated with the shipment of waste;
    (iv) For hazardous debris, the contaminants subject to treatment as 
provided by Sec. 268.45(b) and the following statement: ``This 
hazardous debris is subject to the alternative treatment standards of 
40 CFR 268.45''; and
    (v) Waste analysis data, where available.
    (2) If a generator determines that he is managing a restricted 
waste under this Part, and determines that the waste can be land 
disposed without further treatment, with each shipment of waste he must 
submit, to the treatment, storage, or land disposal facility, a notice 
and a certification stating that the waste meets the applicable 
treatment standards set forth in subpart D of this part and the 
applicable prohibition levels set forth in Sec. 268.32 or RCRA section 
3004(d). Generators of hazardous debris that is excluded from the 
definition of hazardous waste under Sec. 261.3(e)(2) of this chapter 
(i.e., debris that the Director has determined does not contain 
hazardous waste), however, are not subject to these notification and 
certification requirements.
    (i) The notice must include the following information:
    (A) EPA Hazardous Waste Number;
    (B) The corresponding treatment standards for wastes F001-F005, 
F039, and wastes prohibited pursuant to Sec. 268.32 or RCRA section 
3004(d). Treatment standards for all other restricted wastes must 
either be included, or be referenced by including on the notification 
the applicable wastewater (as defined in Sec. 268.2(f)) or 
nonwastewater (as defined in Sec. 268.2(d)) category, the applicable 
subdivisions made within a waste code based on waste-specific criteria 
(such as D003 reactive cyanides), and the CFR section(s) and 
paragraph(s) where the applicable treatment standard appears. Where the 
applicable treatment standards are expressed as specified technologies 
in Sec. 268.42, the applicable five-letter treatment code found in 
Table 1 of Sec. 268.42 (e.g., INCIN, WETOX) also must be listed on the 
notification.
    (C) The manifest number associated with the shipment of waste;
    (D) Waste analysis data, where available.
    (ii) The certification must be signed by an authorized 
representative and must state the following:

    I certify under penalty of law that I personally have examined 
and am familiar with the waste through analysis and testing or 
through knowledge of the waste to support this certification that 
the waste complies with the treatment standards specified in 40 CFR 
Part 268, Subpart D and all applicable prohibitions set forth in 40 
CFR 268.32 or RCRA section 3004(d). I believe that the information I 
submitted is true, accurate and complete. I am aware that there are 
significant penalties for submitting a false certification, 
including the possibility of a fine and imprisonment.

    (3) If a generator's waste is subject to an exemption from a 
prohibition on the type of land disposal method utilized for the waste 
(such as, but not limited to, a case-by-case extension under 
Sec. 268.5, an exemption under Sec. 268.6, or a nationwide capacity 
variance under subpart C of this part), with each shipment of waste he 
must submit a notice to the facility receiving his waste stating that 
the waste is not prohibited from land disposal. The notice must include 
the following information:
    (i) EPA Hazardous Waste Number;
    (ii) The corresponding treatment standards for wastes F001-F005, 
F039, and wastes prohibited pursuant to Sec. 268.32 or RCRA section 
3004(d). Treatment standards for all other restricted wastes must 
either be included, or be referenced by including on the notification 
the applicable wastewater (as defined in Sec. 268.2(f)) or 
nonwastewater (as defined in Sec. 268.2(d)) category, the applicable 
subdivisions made within a waste code based on waste-specific criteria 
(such as D003 reactive cyanides), and the CFR section(s) and 
paragraph(s) where the applicable treatment standard appears. Where the 
applicable treatment standards are expressed as specified technologies 
in Sec. 268.42, the applicable five-letter treatment code found in 
Table 1 of Sec. 268.42 (e.g., INCIN, WETOX) also must be listed on the 
notification;
    (iii) The manifest number associated with the shipment of waste;
    (iv) Waste analysis data, where available;
    (v) For hazardous debris, the contaminants subject to treatment as 
provided by Sec. 268.45(b) and the following statement: ``This 
hazardous debris is subject to the alternative treatment standards of 
40 CFR 268.45''; and
    (vi) The date the waste is subject to the prohibitions.
    (4) If a generator is managing prohibited waste in tanks, 
containers, or containment buildings regulated under 40 CFR 262.34, and 
is treating such waste in such tanks, containers, or containment 
buildings to meet applicable treatment standards under subpart D of 
this part, the generator must develop and follow a written waste 
analysis plan which describes the procedures the generator will carry 
out to comply with the treatment standards. (Generators treating 
hazardous debris under the alternative treatment standards of Table 1, 
Sec. 268.45, however, are not subject to these waste analysis 
requirements.) The plan must be kept on site in the generator's 
records, and the following requirements must be met:
    (i) The waste analysis plan must be based on a detailed chemical 
and physical analysis of a representative sample of the prohibited 
waste(s) being treated, and contain all information necessary to treat 
the waste(s) in accordance with the requirements of this Part, 
including the selected testing frequency.
    (ii) Such plan must be filed with the EPA Regional Administrator 
(or his designated representative) or State authorized to implement 
Part 268 requirements a minimum of 30 days prior to the treatment 
activity, with delivery verified.
    (iii) Wastes shipped off-site pursuant to this paragraph must 
comply with the notification requirements of Sec. 268.7(a)(2).
    (5) If a generator determines whether the waste is restricted based 
solely on his knowledge of the waste, all supporting data used to make 
this determination must be retained on-site in the generator's files. 
If a generator determines whether the waste is restricted based on 
testing this waste or an extract developed using the test method 
described in Appendix I of this part, all waste analysis data must be 
retained on-site in the generator's files.
    (6) If a generator determines that he is managing a restricted 
waste that is excluded from the definition of hazardous or solid waste 
or exempt from Subtitle C regulation, under 40 CFR 261.2 through 261.6 
subsequent to the point of generation, he must place a one-time notice 
stating such generation, subsequent exclusion from the definition of 
hazardous or solid waste or exemption from RCRA, Subtitle C regulation, 
and the disposition of the waste, in the facility's file.
    (7) Generators must retain on-site a copy of all notices, 
certifications, demonstrations, waste analysis data, and other 
documentation produced pursuant to this section for at least five years 
from the date that the waste that is the subject of such documentation 
was last sent to on-site or off-site treatment, storage, or disposal. 
The five year record retention period is automatically extended during 
the course of any unresolved enforcement action regarding the regulated 
activity or as requested by the Administrator. The requirements of this 
paragraph apply to solid wastes even when the hazardous characteristic 
is removed prior to disposal, or when the waste is excluded from the 
definition of hazardous or solid waste under 40 CFR 261.2-261.6, or 
exempted from Subtitle C regulation, subsequent to the point of 
generation.
    (8) If a generator is managing a lab pack that contains wastes 
identified in Appendix IV of this part and wishes to use the 
alternative treatment standard under Sec. 268.42, with each shipment of 
waste the generator must submit a notice to the treatment facility in 
accordance with paragraph (a)(1) of this section. The generator must 
also comply with the requirements in paragraphs (a)(5) and (a)(6) of 
this section, and must submit the following certification, which must 
be signed by an authorized representative:

    I certify under penalty of law that I personally have examined 
and am familiar with the waste and that the lab pack contains only 
the wastes specified in appendix IV to part 268 or solid wastes not 
subject to regulation under 40 CFR part 261. I am aware that there 
are significant penalties for submitting a false certification, 
including the possibility of fine or imprisonment.

    (9) If a generator is managing a lab pack that contains organic 
wastes specified in Appendix V of this Part and wishes to use the 
alternate treatment standards under Sec. 268.42, with each shipment of 
waste the generator must submit a notice to the treatment facility in 
accordance with paragraph (a)(1) of this section. The generator also 
must comply with the requirements in paragraphs (a)(5) and (a)(6) of 
this section, and must submit the following certification which must be 
signed by an authorized representative: I certify under penalty of law 
that I personally have examined and am familiar with the waste through 
analysis and testing or through knowledge of the waste and that the lab 
pack contains only organic waste specified in Appendix V to Part 268 or 
solid wastes not subject to regulation under 40 CFR Part 261. I am 
aware that there are significant penalties for submitting a false 
certification, including the possibility of fine or imprisonment.
    (10) Small quantity generators with tolling agreements pursuant to 
40 CFR 262.20(e) must comply with the applicable notification and 
certification requirements of paragraph (a) of this section for the 
initial shipment of the waste subject to the agreement. Such generators 
must retain on-site a copy of the notification and certification, 
together with the tolling agreement, for at least three years after 
termination or expiration of the agreement. The three-year record 
retention period is automatically extended during the course of any 
unresolved enforcement action regarding the regulated activity or as 
requested by the Administrator.
* * * * *
[FR Doc. 94-22492 Filed 9-16-94; 8:45 am]
BILLING CODE 6560-50-P