[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Rules and Regulations]
[Pages 31115-31120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14428]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261

[SW-FRL-5220-5]


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Final Exclusion

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) today is 
granting a petition submitted by the U.S. Department of Energy (DOE), 
Richland, Washington, to exclude certain wastes to be generated by a 
treatment process at its Hanford facility from being listed as 
hazardous wastes. This action responds to DOE's petition to exclude 
these treated wastes on a ``generator-specific'' basis from the 
hazardous waste lists.
    Based on careful analyses, the Agency has concluded that the 
disposal of these wastes, after treatment, will not adversely affect 
human health and the environment. This final rule excludes the 
petitioned waste from the requirements of hazardous waste regulations 
under the Resource Conservation and Recovery Act (RCRA), but imposes 
testing conditions to ensure that the future-generated waste remains 
qualified for delisting.
    This final rule will also allow DOE to proceed with critical 
cleanup at the Hanford site. The primary goal of cleanup is to protect 
human health and the environment by reducing risks from unintended 
releases of hazardous wastes that are currently stored at the site.

EFFECTIVE DATE: June 13, 1995.

ADDRESSES: The public docket for this final rule is located at the U.S. 
Environmental Protection Agency, 401 M Street SW., Washington, D.C. 
20460, and is available for viewing (room M2616) from 9 a.m. to 4 p.m., 
Monday through Friday, excluding Federal holidays. Call (202) 260-9327 
for appointments. The reference number for this docket is ``F-95-HNEF-
FFFFF''. The public may copy material from any regulatory docket at no 
cost for the first 100 pages, and at $0.15 per page for additional 
copies.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline, toll free at (800) 424-9346, or at (703) 412-9810. For 
technical information concerning this notice, contact Shen-yi Yang, 
Office of Solid Waste (5304), U.S. Environmental Protection Agency, 401 
M Street SW., Washington, D.C. 20460, (202) 260-1436.

SUPPLEMENTARY INFORMATION:

I. Background

A. Authority

    Under Secs. 260.20 and 260.22, facilities may petition the Agency 
to remove their wastes from hazardous waste control by excluding them 
from the lists of hazardous wastes contained in Secs. 261.31 and 
261.32. Petitioners must provide sufficient information to EPA to allow 
the Agency to determine that the waste to be excluded does not meet any 
of the criteria under which the waste was listed as a hazardous waste. 
In addition, the administrator must determine, where he has a 
reasonable basis to believe that factors (including additional 
constituents) other than those for which the waste was listed could 
cause the waste to be a hazardous waste, that such factors do not 
warrant retaining the waste as a hazardous waste.

B. History of This Rulemaking

    DOE's Hanford site, located in Richland, Washington, petitioned the 
Agency to exclude from hazardous waste control the effluents to be 
generated from its proposed 200 Area Effluent Treatment Facility (ETF). 
The effluents are presently listed as EPA Hazardous Waste Nos. F001 
through F005, and F039 derived from F001 through F005. After evaluating 
the petition, EPA proposed, on February 1, 1995, to exclude Hanford's 
waste from [[Page 31116]] the lists of hazardous wastes under 
Secs. 261.31 and 261.32 (see 60 FR 6054).
    This rulemaking addresses public comments received on the proposal 
and finalizes the Agency's proposed decision to grant DOE's petition.

II. Disposition of Delisting Petition

U.S. Department of Energy's Hanford Facility, Richland, Washington

A. Proposed Exclusion

    On October 30, 1992, DOE petitioned the Agency to exclude from 
hazardous waste control its treated wastes to be generated from the 
proposed 200 Area Effluent Treatment Facility (ETF). The ETF is 
designed to treat process condensate (PC) from the 242-A Evaporator. 
The untreated PC is a low-level radioactive waste as defined in DOE 
Order 5820.2A and a RCRA listed hazardous waste (EPA Hazardous Waste 
Nos. F001 through F005 and F039 derived from F001 through F005) as 
defined in 40 CFR Sec. 261.31(a).
    While the constituents of concern in listed wastes F001 through 
F005 wastes include a variety of solvents (see Part 261, Appendix VII), 
the constituents (based on PC sampling data and process knowledge) that 
serve as the basis for characterizing DOE's petitioned wastes as 
hazardous were limited to 1,1,1-trichloroethane (F001), methylene 
chloride (F002), acetone and methyl isobutyl ketone (F003), cresylic 
acid (F004), and methyl ethyl ketone (F005).
    In support of its petition, DOE submitted:
    (1) Detailed descriptions of the waste generation and waste 
management history at the Hanford site;
    (2) An inventory of chemicals used in Hanford's production plants 
and supporting operations;
    (3) Detailed descriptions of various waste streams to be fed into 
the 242-A Evaporator;
    (4) Detailed descriptions and schematic drawings of the generation 
of untreated PC from the 242-A Evaporator;
    (5) Information quantifying concentrations of hazardous 
constituents of untreated 242-A Evaporator PC, including metals and 
other inorganic constituents, organic constituents, and radioactive 
constituents;
    (6) Detailed descriptions and schematic drawings of its proposed 
Effluent Treatment Facility and primary steps of its treatment 
processes;
    (7) Results from the analysis of liquid wastes generated by pilot-
scale treatability studies, showing concentrations of inorganic and 
organic compounds in samples of untreated and treated surrogate test 
solutions and percent removal; and
    (8) Information regarding the hazardous characteristics of 
ignitability, corrosivity, and reactivity.
    The Agency evaluated the information and analytical data provided 
by DOE in support of the petition and determined that the disposal of 
the DOE effluents, after treatment, would not adversely affect human 
health or the environment. Specifically, the Agency used the modified 
EPA Composite Model for Landfills (EPACML) to predict the potential 
mobility of the hazardous constituents found in the petitioned waste. 
The Agency also evaluated additional modeling information, submitted by 
DOE, concerning transport of hazardous constituents in ground water. 
Based on these modeling evaluations, the Agency determined that the 
concentrations of constituents in groundwater from DOE's petitioned 
waste would not exceed delisting levels of concern. See 60 FR 6054, 
February 1, 1995, for a detailed explanation of why EPA proposed to 
grant DOE's petition for its treated effluents generated from the ETF 
located at the Hanford site.

B. Response to Public Comments

    The Agency received public comments on the February 1, 1995 
proposal from three interested parties. These three commenters either 
expressed support or did not have any negative comments on the Agency's 
proposed decision to grant DOE's petition. One commenter, the U.S. 
Nuclear Regulatory Commission, believed that the Agency's consideration 
of the unique circumstances surrounding the management of the mixed 
waste generated at the Hanford facility was appropriate and the 
concepts the Agency used in formulating the proposed rule should be 
incorporated in developing management strategies for other commercial 
mixed wastes. The two remaining commenters wanted clarification and 
expansion of the language contained in the proposed rule. The following 
sections address their specific comments.
    Comment: One commenter requested that zinc be removed as a 
``hazardous constituent'' from the proposed rule. The commenter stated 
that zinc is not listed as a hazardous constituent of F001 through F005 
wastes, nor is zinc listed as a hazardous constituent in 40 CFR Part 
261, Appendix VIII. The commenter also stated that the Agency recently 
noted that zinc was not an ``underlying hazardous constituent'' under 
the new land disposal restrictions, 40 CFR 268.2(i) (see 59 FR 48106, 
September 19, 1994). Therefore, the commenter does not believe that 
zinc can be listed as a ``hazardous constituent'' in the proposed 
addition to Appendix IX of Part 261 as set forth in the proposal.
    Response: The Agency agrees that zinc is not listed as a hazardous 
constituent of F001 through F005 wastes, nor is zinc listed as a 
hazardous constituent in 40 CFR 261, Appendix VIII. However, the 
statute (Sec. 3001(f)) requires the Agency, as part of its delisting 
evaluation, to consider any factors (including additional constituents) 
other than those for which the waste was listed if there is a 
reasonable basis to believe that such additional factors could cause 
the waste to be hazardous.
    Accordingly, in addition to addressing the criteria for which the 
wastes were listed, a petitioner must demonstrate that the wastes do 
not exhibit any of the hazardous waste characteristics and must present 
sufficient information for the Agency to determine whether the wastes 
contain any other toxicants at hazardous levels. See 42 USC 
Sec. 6921(f) and 40 CFR 260.22(a). Because zinc was detected in DOE's 
petitioned waste and is a constituent with an established health-based 
level (10 ppm), it is a constituent of regulatory concern for DOE's 
petitioned waste for delisting purposes (see Docket Report on Health-
Based Levels and Solubilities Used in the Evaluation of Delisting 
Petitions, Submitted Under 40 CFR 260.20 and 260.22, December 1994). As 
such, zinc will remain on the list of constituents for verification 
testing. However, consistent with the commenter's request, EPA 
acknowledges that zinc remains on the list as an additional constituent 
of concern for delisting purposes and not as a designated ``hazardous 
constituent''. In the proposal, EPA did not intend to indicate 
otherwise. Also, the September 19, 1994 rulemaking cited by the 
commenter states that zinc is not an ``underlying hazardous 
constituent'' in characteristic wastes, according to the definition at 
268.2(i). (See Sec. 268.48 Table UTS, note 5, 59 FR 48107). As above, 
that issue is not determinative of the issue here concerning EPA's 
decision to retain zinc on the list of constituents for verification 
testing as an additional constituent of concern for delisting purposes.
    Comment: One commenter felt that if the Agency believes the ETF can 
provide adequate treatment to delist F039 leachates derived from 
sources other than F001 through F005 wastes, then EPA should add 
language to the first sentence of Hanford's waste 
[[Page 31117]] description found in Table 2 of 40 CFR 261 Appendix IX 
to reflect that. The commenter believed that the additional language 
would provide the maximum operational flexibility to DOE in their mixed 
waste disposal planning and would not require regulatory changes to 40 
CFR 261 if and when DOE disposes of non-F001-F005 wastes in Hanford's 
landfills. The commenter also wanted this comment withdrawn if it would 
result in the delay of the final delisting.
    Response: The Agency proposed to exclude the liquid wastes covered 
by DOE's petition, which consist of F001 through F005 wastes and F039 
wastes derived from F001 through F005. The commenter believes it would 
be useful to expand the scope of this delisting because the ETF is 
capable of treating a wider variety of wastes. The Agency acknowledges, 
as noted in the proposal, that the treatment data show the ETF to be 
extremely effective for all classes of inorganic species, and the data 
also demonstrate that organic constituents can be effectively treated 
by the UV/OX process (see 60 FR 6060). However, obtaining a request to 
expand this delisting decision to cover other waste codes and 
evaluating specific data and information accompanying that request, 
which would be likely to require an opportunity for public notice and 
comment, would result in delays in the promulgation of this delisting. 
Therefore, consistent with the commenter's request not to delay this 
delisting, today's final exclusion has not been expanded to include 
non-F001 through F005 wastes.
C. Final Agency Decision

    For the reasons stated in the proposal and in this final rule, the 
Agency is granting a final exclusion to DOE-RL, located in Richland, 
Washington for the liquid wastes, described in its petition as EPA 
Hazardous Waste No. F001, F002, F003, F004, F005, and F039 derived from 
F001 through F005.
    This exclusion only applies to the treatment processes and waste 
volume (a maximum of 19 million gallons generated annually) covered by 
the original demonstration. The facility would need to petition for a 
new or amended exclusion if there is a change in composition of the 
treated waste such that the levels of hazardous constituents increase 
significantly (e.g., from changes to the waste streams or treatment 
processes). (Note, however, that changes in operating conditions are 
allowed as described in Condition (4).) Until a new or amended 
exclusion is granted, the facility must treat as hazardous all such 
wastes as well as effluents generated in excess of 19 million gallons 
per year. As to the wastes covered by today's exclusion, continued 
evaluation for levels of hazardous constituents will be achieved by the 
verification testing specified in Condition (1).
    Although management of the wastes covered by this petition is 
relieved from Subtitle C jurisdiction by this final exclusion, the 
generator of a delisted waste must either treat, store or dispose of 
the waste in an on-site facility, or ensure that the waste is delivered 
to an off-site storage, treatment, or disposal facility, either of 
which is permitted, licensed, or registered by a State to manage 
municipal or industrial solid waste.

III. Limited Effect of Federal Exclusion

    The final exclusion being granted today is being issued under the 
federal (RCRA) delisting program. States, however, are allowed to 
impose their own, non-RCRA regulatory requirements that are more 
stringent than EPA's, pursuant to section 3009 of RCRA. These more 
stringent requirements may include a provision which prohibits a 
federally-issued exclusion from taking effect in the State. Because a 
petitioner's waste may be regulated under both Federal and State 
programs, petitioners are urged to contact their State regulatory 
authority to determine the current status of their wastes under State 
law.

IV. Effective Date

    This rule is effective June 13, 1995. The Hazardous and Solid Waste 
Amendments of 1984 amended section 3010 of RCRA to allow rules to 
become effective in less than six months when the regulated community 
does not need the six-month period to come into compliance. That is the 
case here because this rule reduces, rather than increases, the 
existing requirements for persons generating hazardous wastes. In light 
of the unnecessary hardship and expense that would be imposed on this 
petitioner by an effective date of six months after publication and the 
fact that a six-month deadline is not necessary to achieve the purpose 
of section 3010, EPA believes that this rule should be effective 
immediately upon publication. These reasons also provide a basis for 
making this rule effective immediately, upon publication, under the 
Administrative Procedures Act, pursuant to 5 U.S.C. 553(d).

V. Regulatory Impact

    Under Executive Order 12866, EPA must conduct an ``assessment of 
the potential costs and benefits'' for all ``significant'' regulatory 
actions. This rule to grant an exclusion is not significant, since its 
effect is to reduce the overall costs and economic impact of EPA's 
hazardous waste management regulations. This reduction is achieved by 
excluding waste generated at a specific facility from EPA's lists of 
hazardous wastes, thereby enabling this facility to treat its waste as 
non-hazardous. There is no additional economic impact due to today's 
rule. Therefore, this rule is not a significant regulation, and no 
cost/benefit assessment is required. The Office of Management and 
Budget (OMB) has also exempted this rule from the requirement for OMB 
review under section (6) of Executive Order 12866.

VI. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601-612, 
whenever an agency is required to publish a general notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis which 
describes the impact of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
No regulatory flexibility analysis is required, however, if the 
Administrator or delegated representative certifies that the rule will 
not have any impact on any small entities.
    This amendment will not have any adverse economic impact on any 
small entities since its effect will be to reduce the overall costs of 
EPA's hazardous waste regulations and it is limited to one facility. 
Accordingly, I hereby certify that this regulation will not have a 
significant economic impact on a substantial number of small entities. 
This regulation, therefore, does not require a regulatory flexibility 
analysis.
VII. Paperwork Reduction Act

    Information collection and recordkeeping requirements associated 
with this final rule have been approved by the Office of Management and 
Budget (OMB) under the provisions of the Paperwork Reduction Act of 
1980 (Pub. L. 96-511, 44 USC Sec. 3501 et seq.) and have been assigned 
OMB Control Number 2050-0053.

VIII. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a written statement to accompany any rules that have 
``Federal mandates'' that may result in the expenditure by the private 
sector of $100 million or more in any one year. Under Section 205, EPA 
must select the [[Page 31118]] most cost-effective and least burdensome 
alternative that achieves the objective of such a rule and that is 
consistent with statutory requirements. Section 203 requires EPA to 
establish a plan for informing and advising any small governments that 
may be significantly and uniquely affected by the rule.
    Unfunded Mandates Act defines a ``Federal private sector mandate'' 
for regulatory purposes as one that ``would impose an enforceable duty 
upon the private sector.'' EPA finds that today's delisting decision is 
deregulatory in nature and does not impose any enforceable duties upon 
the private sector. Therefore, today's rulemaking is not subject to the 
requirements of sections 202 or 205 of the Unfunded Mandates Act. As to 
Section 203 of this Act, EPA finds that small governments will not be 
significantly and uniquely affected by this rulemaking.

List of Subjects in 40 CFR Part 261

    Hazardous Waste, Recycling, and Reporting and recordkeeping 
requirements.

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

    Dated: June 2, 1995.
Michael Shapiro,
Director, Office of Solid Waste.

    For the reasons set out in the preamble, 40 CFR Part 261 is amended 
as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    1. The authority citation for Part 261 continues to read as 
follows:

    Authority: 42 U.S.C 6905, 6912(a), 6921, 6922, and 6938.

    2. In Part 261, table 2 of Appendix IX add the following 
wastestream in alphabetical order by facility to read as follows: 
Appendix IX--Wastes Excluded Under Sec. 260.20 and Sec. 260.22.

             Table 2.--Wastes Excluded From Specific Sources            
------------------------------------------------------------------------
    Facility                   Address                Waste description 
------------------------------------------------------------------------
                                                                        
                                                                        
      *                   *                   *                   *     
          *                   *                   *                     
DOE-RL..........  Richland, Washington............  Effluents (EPA      
                                                     Hazardous Waste    
                                                     Nos. F001, F002,   
                                                     F003, F004, F005,  
                                                     and F039 derived   
                                                     from F001 through  
                                                     F005) generated    
                                                     from the 200 Area  
                                                     Effluent Treatment 
                                                     Facility (ETF)     
                                                     located at the     
                                                     Hanford site (at a 
                                                     maximum generation 
                                                     rate of 19 million 
                                                     gallons per year)  
                                                     after June 13,     
                                                     1995. To ensure    
                                                     that hazardous     
                                                     constituents are   
                                                     not present in the 
                                                     wastes at levels of
                                                     regulatory concern 
                                                     while the treatment
                                                     facility is in     
                                                     operation, DOE must
                                                     implement a testing
                                                     program. This      
                                                     testing program    
                                                     must meet the      
                                                     following          
                                                     conditions for the 
                                                     exclusion to be    
                                                     valid:             
                                                    (1) Testing: Sample 
                                                     collection and     
                                                     analyses (including
                                                     quality control    
                                                     (QC) procedures)   
                                                     must be performed  
                                                     according to SW-846
                                                     (or other EPA-     
                                                     approved)          
                                                     methodologies. If  
                                                     EPA judges the     
                                                     treatment process  
                                                     to be effective    
                                                     under the operating
                                                     conditions used    
                                                     during the initial 
                                                     verification       
                                                     testing, DOE may   
                                                     replace the testing
                                                     required in        
                                                     Condition (1)(A)   
                                                     with the testing   
                                                     required in        
                                                     Condition (1)(B).  
                                                     DOE must continue  
                                                     to test as         
                                                     specified in       
                                                     Condition (1)(A)   
                                                     until notified by  
                                                     EPA in writing that
                                                     testing in         
                                                     Condition (1) (A)  
                                                     may be replaced by 
                                                     Condition (1)(B).  
                                                    (A) Initial         
                                                     Verification       
                                                     Testing: During the
                                                     period required to 
                                                     fill the first     
                                                     three verification 
                                                     tanks (each        
                                                     designed to hold   
                                                     approximately      
                                                     650,000 gallons)   
                                                     with effluents     
                                                     generated from an  
                                                     on-line, full-scale
                                                     Effluent Treatment 
                                                     Facility (ETF), DOE
                                                     must monitor the   
                                                     range of typical   
                                                     operating          
                                                     conditions for the 
                                                     ETF. DOE must      
                                                     collect a          
                                                     representative     
                                                     sample from each of
                                                     the first three    
                                                     verification tanks 
                                                     filled with ETF    
                                                     effluents. The     
                                                     samples must be    
                                                     analyzed, prior to 
                                                     disposal of ETF    
                                                     effluents, for all 
                                                     constituents listed
                                                     in Condition (3).  
                                                     DOE must report the
                                                     operational and    
                                                     analytical test    
                                                     data, including    
                                                     quality control    
                                                     information,       
                                                     obtained during    
                                                     this initial period
                                                     no later than 90   
                                                     days after the     
                                                     first verification 
                                                     tank is filled with
                                                     ETF effluents.     
                                                    (B) Subsequent      
                                                     Verification       
                                                     Testing: Following 
                                                     notification by    
                                                     EPA, DOE may       
                                                     substitute the     
                                                     testing conditions 
                                                     in this condition  
                                                     for (1)(A). DOE    
                                                     must continue to   
                                                     monitor operating  
                                                     conditions, and    
                                                     collect and analyze
                                                     representative     
                                                     samples from every 
                                                     tenth verification 
                                                     tank filled with   
                                                     ETF effluents.     
                                                     These              
                                                     representative     
                                                     samples must be    
                                                     analyzed, prior to 
                                                     disposal of ETF    
                                                     effluents, for all 
                                                     constituents listed
                                                     in Condition (3).  
                                                     If all constituent 
                                                     levels in a sample 
                                                     do not meet the    
                                                     delisting levels   
                                                     specified in       
                                                     Condition (3), DOE 
                                                     must analyze       
                                                     representative     
                                                     samples from the   
                                                     following two      
                                                     verification tanks 
                                                     generated prior to 
                                                     disposal. DOE may  
                                                     also collect and   
                                                     analyze            
                                                     representative     
                                                     samples more       
                                                     frequently.        
                                                    (2) Waste Holding   
                                                     and Handling: DOE  
                                                     must store as      
                                                     hazardous all ETF  
                                                     effluents generated
                                                     during verification
                                                     testing (as        
                                                     specified in       
                                                     Conditions (1)(A)  
                                                     and (1)(B)), that  
                                                     is until valid     
                                                     analyses           
                                                     demonstrate that   
                                                     Condition (3) is   
                                                     satisfied. If the  
                                                     levels of hazardous
                                                     constituents in the
                                                     samples of ETF     
                                                     effluents are equal
                                                     to or below all of 
                                                     the levels set     
                                                     forth in Condition 
                                                     (3), then the ETF  
                                                     effluents are not  
                                                     hazardous and may  
                                                     be managed and     
                                                     disposed of in     
                                                     accordance with all
                                                     applicable solid   
                                                     waste regulations. 
                                                     If hazardous       
                                                     constituent levels 
                                                     in any             
                                                     representative     
                                                     sample collected   
                                                     from a verification
                                                     tank exceed any of 
                                                     the delisting      
                                                     levels set in      
                                                     Condition (3), the 
                                                     ETF effluents in   
                                                     that verification  
                                                     tank must be re-   
                                                     treated until the  
                                                     ETF effluents meet 
                                                     these levels.      
                                                     Following re-      
                                                     treatment, DOE must
                                                     repeat analyses in 
                                                     Condition (3) prior
                                                     to disposal.       
                                                    (3) Delisting       
                                                     Levels: All total  
                                                     constituent        
                                                     concentrations in  
                                                     the waste samples  
                                                     must be measured   
                                                     using the          
                                                     appropriate methods
                                                     specified in ``Test
                                                     Methods for        
                                                     Evaluating Solid   
                                                     Wastes: Physical/  
                                                     Chemical Methods,''
                                                     U.S. EPA           
                                                     Publication SW-846 
                                                     (or other EPA-     
                                                     approved methods). 
                                                     All total          
                                                     constituent        
                                                     concentrations must
                                                     be equal to or less
                                                     than the following 
                                                     levels (ppm):      
                                                                        
                                                    Inorganic           
                                                     Constituents       
                                                                        
                                                    Ammonium--10.0      
                                                    Antimony--0.06      
                                                    Arsenic--0.5        
[[Page 31119]]
                                                    Barium--20.0        
                                                    Beryllium--0.04     
                                                    Cadmium--0.05       
                                                    Chromium--1.0       
                                                    Cyanide--2.0        
                                                    Fluoride--40.0      
                                                    Lead--0.15          
                                                    Mercury--0.02       
                                                    Nickel--1.0         
                                                    Selenium--0.5       
                                                    Silver--2.0         
                                                    Vanadium--2.0       
                                                    Zinc--100.0         
                                                                        
                                                    Organic Constituents
                                                                        
                                                    Acetone--40.0       
                                                    Benzene--0.05       
                                                    Benzyl alcohol--    
                                                     100.0              
                                                    1-Butyl alcohol--   
                                                     40.0               
                                                    Carbon              
                                                     tetrachloride--0.05
                                                    Chlorobenzene--1.0  
                                                    Chloroform--0.1     
                                                    Cresol--20.0        
                                                    1,4-Dichlorobenzene--
                                                     0.75               
                                                    1,2-Dichloroethane--
                                                     0.05               
                                                    1,1-                
                                                     Dichloroethylene--0
                                                     .07                
                                                    Di-n-octyl          
                                                     phthalate--7.0     
                                                    Hexachloroethane--0.
                                                     06                 
                                                    Methyl ethyl ketone--
                                                     200.0              
                                                    Methyl isobutyl     
                                                     ketone--30.0       
                                                    Naphthalene--10.0   
                                                    Tetrachloroethylene-
                                                     -0.05              
                                                    Toluene--10.0       
                                                    Tributyl phosphate--
                                                     0.2                
                                                    1,1,1-              
                                                     Trichloroethane--2.
                                                     0                  
                                                    1,1,2-              
                                                     Trichloroethane--0.
                                                     05                 
                                                    Trichloroethylene--0
                                                     .05                
                                                    Vinyl Chloride--0.02
                                                    (4) Changes in      
                                                     Operating          
                                                     Conditions: After  
                                                     completing the     
                                                     initial            
                                                     verification       
                                                     testing in         
                                                     Condition (1)(A),  
                                                     if DOE             
                                                     significantly      
                                                     changes the        
                                                     operating          
                                                     conditions         
                                                     established in     
                                                     Condition (1), DOE 
                                                     must notify the    
                                                     Agency in writing. 
                                                     After written      
                                                     approval by EPA,   
                                                     DOE must re-       
                                                     institute the      
                                                     testing required in
                                                     Condition (1)(A).  
                                                     DOE must report the
                                                     operations and test
                                                     data, required by  
                                                     Condition (1)(A),  
                                                     including quality  
                                                     control data,      
                                                     obtained during    
                                                     this period no     
                                                     later than 60 days 
                                                     after the changes  
                                                     take place.        
                                                     Following written  
                                                     notification by    
                                                     EPA, DOE may       
                                                     replace testing    
                                                     Condition (1)(A)   
                                                     with (1)(B). DOE   
                                                     must fulfill all   
                                                     other requirements 
                                                     in Condition (1),  
                                                     as appropriate.    
                                                    (5) Data Submittals:
                                                     At least two weeks 
                                                     prior to system    
                                                     start-up, DOE must 
                                                     notify, in writing,
                                                     the Chief of the   
                                                     Waste              
                                                     Identification     
                                                     Branch (see address
                                                     below) when the    
                                                     Effluent Treatment 
                                                     Process will be on-
                                                     line and waste     
                                                     treatment will     
                                                     begin. The data    
                                                     obtained through   
                                                     Condition (1)(A)   
                                                     must be submitted  
                                                     to the Branch      
                                                     Chief, Waste       
                                                     Identification     
                                                     Branch, OSW (Mail  
                                                     Code 5304), U.S.   
                                                     EPA, 401 M Street, 
                                                     S.W., Washington,  
                                                     DC 20460 within the
                                                     time period        
                                                     specified. Records 
                                                     of operating       
                                                     conditions and     
                                                     analytical data    
                                                     from Condition (1) 
                                                     must be compiled,  
                                                     summarized, and    
                                                     maintained on site 
                                                     for a minimum of   
                                                     three years. These 
                                                     records and data   
                                                     must be furnished  
                                                     upon request by EPA
                                                     or the State of    
                                                     Washington and made
                                                     available for      
                                                     inspection. Failure
                                                     to submit the      
                                                     required data      
                                                     within the         
                                                     specified time     
                                                     period or to       
                                                     maintain the       
                                                     required records on
                                                     site for the       
                                                     specified time will
                                                     be considered by   
                                                     EPA, at its        
                                                     discretion,        
                                                     sufficient basis to
                                                     revoke the         
                                                     exclusion to the   
                                                     extent directed by 
                                                     EPA. All data must 
                                                     be accompanied by a
                                                     signed copy of the 
                                                     following          
                                                     certification      
                                                     statement to attest
                                                     to the truth and   
                                                     accuracy of the    
                                                     data submitted:    
                                                    Under civil and     
                                                     criminal penalty of
                                                     law for the making 
                                                     or submission of   
                                                     false or fraudulent
                                                     statements or      
                                                     representations    
                                                     (pursuant to the   
                                                     applicable         
                                                     provisions of the  
                                                     Federal Code, which
                                                     include, but may   
                                                     not be limited to, 
                                                     18 USC 1001 and 42 
                                                     USC 6928), I       
                                                     certify that the   
                                                     information        
                                                     contained in or    
                                                     accompanying this  
                                                     document is true,  
                                                     accurate, and      
                                                     complete.          
                                                    As to the (those)   
                                                     identified         
                                                     section(s) of this 
                                                     document for which 
                                                     I cannot personally
                                                     verify its (their) 
                                                     truth and accuracy,
                                                     I certify as the   
                                                     official having    
                                                     supervisory        
                                                     responsibility for 
                                                     the persons who,   
                                                     acting under my    
                                                     direct             
                                                     instructions, made 
                                                     the verification   
                                                     that this          
                                                     information is     
                                                     true, accurate, and
                                                     complete.          
                                                                        
[[Page 31120]]
                                                                        
                                                    In the event that   
                                                     any of this        
                                                     information is     
                                                     determined by EPA  
                                                     in its sole        
                                                     discretion to be   
                                                     false, inaccurate, 
                                                     or incomplete, and 
                                                     upon conveyance of 
                                                     this fact to DOE, I
                                                     recognize and agree
                                                     that this exclusion
                                                     of waste will be   
                                                     void as if it never
                                                     had effect or to   
                                                     the extent directed
                                                     by EPA and that the
                                                     DOE will be liable 
                                                     for any actions    
                                                     taken in           
                                                     contravention of   
                                                     its RCRA and CERCLA
                                                     obligations        
                                                     premised upon DOE's
                                                     reliance on the    
                                                     void exclusion.    
                                                                        
      *                   *                   *                   *     
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[FR Doc. 95-14428 Filed 6-12-95; 8:45 am]
BILLING CODE 6560-50-P