[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15660-15668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8249]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 148, 268 and 403

[EPA # 530-Z-96-002; FRL-5452-7]
RIN 2050-AD38


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal and amendment of final rule.

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and/or withdrawing the portions of the regulations that are superseded 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

EFFECTIVE DATE: April 5, 1996.

FOR FURTHER INFORMATION CONTACT: For general information contact the 
RCRA Hotline at 800-424-9346 (toll-free) or 703-412-9810 locally. For 
specific information on the LDR Phase III rule

[[Page 15661]]

and this document, contact Peggy Vyas in the Office of Solid Waste, 
phone 703-308-8594.

SUPPLEMENTARY INFORMATION:

I. Today's Action

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

    \1\ In addition, EPA is withdrawing Sec. 148.18(d) because this 
prohibition already exists in Sec. 148.16 (c) and (f).
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    EPA realizes that there may be certain questions relating to other 
provisions of the rules which may benefit from clarifying revisions in 
light of the statutory amendment. (Communications from various affected 
parties suggesting such changes are part of the record for this 
notice.) EPA is limiting this notice to changes that have to be made to 
eliminate superceded regulatory provisions. EPA intends to pursue the 
possibility of whether clarifying amendments are needed in other 
proceedings.
    EPA does wish, however, that to clarify that as a result of 
withdrawing these provisions, generators with decharacterized 
wastewaters that are being managed in CWA or CWA-equivalent systems or 
injected into Class I nonhazardous injection wells do not have to 
identify underlying hazardous constituents. EPA also wishes to make 
clear to States that withdrawing these provisions removes the 
obligation for States to adopt them as part of an authorized program.

II. Interpretive Issues

A. Definition of CWA-Equivalent Treatment

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

B. Wastes Listed Because They Exhibit a Characteristic

    A number of wastes, such as F003 ignitable solvents, are listed as 
hazardous solely because they exhibit a characteristic of hazardous 
waste. The legislation does not by its terms apply

[[Page 15662]]
to such wastes (it applies only to wastes that are identified by 
characteristic, and so does not apply to listed wastes). EPA's current 
rules addressing the status of this type of waste under the LDR program 
are tangled. The Agency initially found that the dilution prohibition 
should apply to such wastes. See 56 FR 3864 and 3871 (Jan. 31, 1991). 
However, in a later notice, EPA amended the rules so that wastewaters 
that are listed solely because they exhibit a characteristic would not 
be subject to the dilution prohibition. 57 FR 37194 and 37263 (August 
18, 1992). EPA did so to be consistent with the Third Third rule's 
approach to characteristic wastewaters. Id. at 37210-37211. This action 
occurred before the D.C. Circuit issued its decision remanding portions 
of the Third Third rule dealing with wastewaters. The Agency never 
corrected the regulation (found at 40 CFR 261.3(a)(2)(iii)) to conform 
to the opinion.
    EPA's initial view is that the existing regulatory provision not 
applying the dilution prohibition to wastewaters listed because they 
exhibit a characteristic is probably inconsistent with the court's 
opinion, but that the principles of the new legislation (although not 
its language) could apply to these wastes. EPA thus has a policy choice 
as to whether to amend the existing rule. Today's notice is not 
intended to make policy choices, but rather to withdraw those rules no 
longer in effect. EPA plans to revisit this issue in a later 
proceeding. In the interim, the existing rule which provides that the 
dilution prohibition does not apply to wastewaters listed solely 
because they exhibit a characteristic remains in effect.

III. Status of Other LDR Treatment Standards

    EPA is not withdrawing other treatment standards promulgated in 
either the LDR Phase III rule or other rules implementing portions of 
the court's opinion that are unaffected by the new legislation. 
Consequently, the provisions of the May 24, 1993, Interim Final Rule 
(58 FR 29860), which applied to disposal not involving the types of 
centralized wastewater management systems covered by the legislation, 
remain unaffected. Thus, underlying hazardous constituents in 
decharacterized wastes that are disposed of in systems other than these 
centralized wastewater management systems must continue to be treated 
before land disposal. Similarly, EPA amended the treatment standards 
for reactive wastes in the LDR Phase III final rule, published 
elsewhere in this Federal Register, to require that underlying 
hazardous constituents be treated when the wastes are land disposed 
(with an exception for certain types of emergency detonation 
situations). These requirements are likewise not addressed by the 
legislation (unless centralized wastewater management of the wastes is 
involved), and EPA is consequently not withdrawing these treatment 
standards.

IV. Rationale for Immediate Effective Date

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

List of Subjects

40 CFR Part 148

    Environmental protection, Administrative practice and procedure, 
Hazardous waste, Reporting and recordkeeping requirements, Water 
supply.

40 CFR Part 268

    Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 403

    Reporting and recordkeeping requirements, Waste treatment and 
disposal, Water pollution controls.

    Dated: March 29, 1996.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble, title 40, chapter I of 
the Code of Federal Regulations is amended as follows:
    1. The amendments revising 40 CFR 148.1(b) and (d), 148.3, 148.4, 
148.20(a) introductory text, 268.3, 268.40(e), 268.44(a), and 403.5(d); 
as well as the amendments amending 40 CFR 268.1(e), 268.9(d), and 
403.5(c); as well as the amendments adding 40 CFR 148.18, 268.2(k) and 
(l), 268.9(e), (f), and (g), and 268.39 as published elsewhere in this 
issue of the Federal Register are withdrawn.
PART 148--HAZARDOUS WASTE INJECTION RESTRICTIONS

    2. The authority citation for part 148 continues to read as 
follows:

    Authority: Sec. 3004, Resource Conservation and Recovery Act, 42 
U.S.C. 6901 et seq.

Sec. 148.17--[Amended]

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


Sec. 148.18  Waste specific prohibitions--newly identified wastes.
    (a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA 
Hazardous waste numbers K156-K161, P127, P128, P185, P188-P192, P194, 
P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-
U379, U381-387, U389-U396, U400-U404, U407, and U409-U411 are 
prohibited from underground injection.
    (b) On January 8, 1997, the wastes specified in 40 CFR 261.32 as 
EPA Hazardous waste number K088 is prohibited from underground 
injection.
    (c) On April 8, 1998, the wastes specified in 40 CFR part 261 as 
EPA Hazardous waste numbers D018-043, and Mixed TC/Radioactive wastes, 
are prohibited from underground injection.

PART 268--LAND DISPOSAL RESTRICTIONS
    5. The authority citation for part 268 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
    
[[Page 15663]]


Subpart A--General

    6. Section 268.1 is amended by removing and reserving paragraph 
(c)(3).
    7. Section 268.3 is revised to read as follows:


Sec. 268.3  Dilution prohibited as a substitute for treatment.

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


Sec. 268.39  Waste specific prohibitions--spent aluminum potliners; 
reactive; and carbamate wastes.

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


Sec. 268.40  Applicability of treatment standards.

* * * * *
    (e) For characteristic wastes (D001-D003, and D018-D043) that are 
subject to treatment standards in the following table ``Treatment 
Standards for Hazardous Wastes,'' all underlying hazardous constituents 
(as defined in Sec. 268.2(i)) must meet Universal Treatment Standards, 
found in Sec. 268.48, ``Table UTS,'' prior to land disposal as defined 
in Sec. 268.2(c).
* * * * *
    10. In Sec. 268.40, Table Sec. 268.40, as revised elsewhere in this 
issue of the Federal Register, is further amended by removing note 8 at 
the end of the table and by revising the entries for D001, D002, D003 
and D018-D043 to read as follows:
* * * * *

[[Page 15664]]


                                                        Treatment Standards for Hazardous Wastes                                                        
                                                            (Note: NA means not applicable.)                                                            
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                                                                          Regulated Hazardous Constituent             Wastewaters       Nonwastewaters  
                                                                 ---------------------------------------------------------------------------------------
                                                                                                                                       Concentration in 
     Waste code       Waste description and treatment/regulatory                                                   Concentration in    mg/kg \5\ unless 
                                    subcategory \1\                          Common name             CAS \2\ No.     mg/l \3\; or       noted as ``mg/l 
                                                                                                                    technology code       TCLP''; or    
                                                                                                                          \4\           technology code 
--------------------------------------------------------------------------------------------------------------------------------------------------------
D001................  Ignitable Characteristic Wastes, except     NA..............................           NA                 DEACT               DEACT
                       for the Sec.  261.21(a)(1) High TOC                                                            and meet Sec.       and meet Sec. 
                       Subcategory, that are managed in non-CWA/                                                  268.48 standards;   268.48 standards; 
                       non-CWA-equivalent/non-Class I SDWA                                                            or RORGS; or CMBST  or RORGS; or CMBST
                       systems.                                                                                                                         
                      Ignitable Characteristic Wastes, except     NA..............................           NA                 DEACT               DEACT
                       for the Sec.  261.21(a)(1) High TOC                                                                                              
                       Subcategory, that are managed in CWA/CWA-                                                                                        
                       equivalent/Class I SDWA systems.                                                                                                 
                      High TOC Ignitable Characteristic Liquids   NA..............................           NA                  NA          RORGS; or CMBST
                       Subcategory based on 40 CFR 261.21(a)(1)--                                                                                       
                       Greater than or equal to 10% total                                                                                               
                       organic carbon. (Note: This subcategory                                                                                          
                       consists of nonwastewaters only).                                                                                                
D002................  Corrosive Characteristic Wastes that are    NA..............................           NA                 DEACT               DEACT
                       managed in non-CWA/non-CWA equivalent/non-                                                     and meet Sec.       and meet Sec. 
                       Class I SDWA systems.                                                                       268.48 standards    268.48 standards 
                      Corrosive Characteristic Wastes that are    NA..............................           NA                 DEACT               DEACT
                       managed in CWA, CWA-equivalent, or Class                                                                                         
                       I SDWA systems.                                                                                                                  
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
D003................  Reactive Sulfides Subcategory based on      NA..............................           NA                 DEACT               DEACT
                       261.23(a)(5).                                                                                                                    
                      Unexploded ordnance and other explosive     NA..............................           NA                 DEACT               DEACT
                       devices which have been the subject of an                                                                                        
                       emergency response.                                                                                                              
                      Explosives Subcategory based on 261.23(a)   NA..............................           NA                 DEACT               DEACT
                       (6), (7), and (8).                                                                             and meet Sec.       and meet Sec. 
                                                                                                                   268.48 standards    268.48 standards 
                      Other Reactives Subcategory based on        NA..............................           NA                 DEACT               DEACT
                       261.23(a)(1).                                                                                                                    
                      Water Reactive Subcategory based on         NA..............................           NA                  NA                 DEACT
                       261.23(a) (2), (3), and (4). (Note: This                                                                           and meet Sec. 
                       subcategory consists of nonwastewaters                                                                          268.48 standards 
                       only.).                                                                                                                          
                      Reactive Cyanides Subcategory based on      Cyanides (Total) \7\............      57-12-5            Reserved                 590 
                       261.23(a)(5).                                                                                                                    
                                                                  Cyanides (Amenable) \7\.........      57-12-5                0.86                  30 
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
D018................  Wastes that are TC for Benzene based on     Benzene.........................      71-43-2                0.14                  10 
                       the TCLP in SW846 Method 1311 and that                                                         and meet Sec.       and meet Sec. 
                       are managed in non-CWA/non-CWA equivalent/                                                  268.48 standards    268.48 standards 
                       non-Class I SDWA systems only.                                                                                                   
                      Wastes that are TC for Benzene based on     Benzene.........................      71-43-2                0.14                  10 
                       the TCLP in SW846 Method 1311 and that                                                                                           
                       are managed in CWA, CWA equivalent, or                                                                                           
                       Class I SDWA systems.                                                                                                            
D019................  Wastes that are TC for Carbon               Carbon tetrachloride............      56-23-5               0.057                 6.0 
                       tetrachloride based on the TCLP in SW846                                                       and meet Sec.       and meet Sec. 
                       Method 1311 and that are managed in non-                                                    268.48 standards    268.48 standards 
                       CWA/non-CWA equivalent/non-Class I SDWA                                                                                          
                       systems only.                                                                                                                    
                      Wastes that are TC for Carbon               Carbon tetrachloride............      56-23-5               0.057                 6.0 
                       tetrachloride based on the TCLP in SW846                                                                                         
                       Method 1311 and that are managed in CWA,                                                                                         
                       CWA equivalent, or Class I SDWA systems.                                                                                         
D020................  Wastes that are TC for Chlordane based on   Chlordane (alpha and gamma            57-74-9              0.0033                0.26 
                       the TCLP in SW846 Method 1311 and that      isomers).                                          and meet Sec.       and meet Sec. 
                       are managed in non-CWA/non-CWA equivalent/                                                  268.48 standards    268.48 standards 
                       non-Class I SDWA systems only.                                                                                                   
                      Wastes that are TC for Chlordane based on   Chlordane (alpha and gamma            57-74-9              0.0033                0.26 
                       the TCLP in SW846 Method 1311 and that      isomers).                                                                            
                       are managed in CWA, CWA equivalent, or                                                                                           
                       Class I SDWA systems.                                                                                                            

[[Page 15665]]
                                                                                                                                                        
D021................  Wastes that are TC for Chlorobenzene based  Chlorobenzene...................     108-90-7               0.057                 6.0 
                       on the TCLP in SW846 Method 1311 and that                                                      and meet Sec.       and meet Sec. 
                       are managed in non-CWA/non-CWA equivalent/                                                  268.48 standards    268.48 standards 
                       non-Class I SDWA systems only.                                                                                                   
                      Wastes that are TC for Chlorobenzene based  Chlorobenzene...................     108-90-7               0.057                 6.0 
                       on the TCLP in SW846 Method 1311 and that                                                                                        
                       are managed in CWA, CWA equivalent, or                                                                                           
                       Class I SDWA systems.                                                                                                            
D022................  Wastes that are TC for Chloroform based on  Chloroform......................      67-66-3               0.046                 6.0 
                       the TCLP in SW846 Method 1311 and that                                                         and meet Sec.       and meet Sec. 
                       are managed in non-CWA/non-CWA equivalent/                                                  268.48 standards    268.48 standards 
                       non-Class I SDWA systems only.                                                                                                   
                      Wastes that are TC for Chloroform based on  Chloroform......................      67-66-3               0.046                 6.0 
                       the TCLP in SW846 Method 1311 and that                                                                                           
                       are managed in CWA, CWA equivalent, or                                                                                           
                       Class I SDWA systems.                                                                                                            
D023................  Wastes that are TC for o-Cresol based on    o-Cresol........................      95-48-7                0.11                 5.6 
                       the TCLP in SW846 Method 1311 and that                                                         and meet Sec.       and meet Sec. 
                       are managed in non-CWA/non-CWA equivalent/                                                  268.48 standards    268.48 standards 
                       non-Class I SDWA systems only.                                                                                                   
                      Wastes that are TC for o-Cresol based on    o-Cresol........................      95-48-7                0.11                 5.6 
                       the TCLP in SW846 Method 1311 and that                                                                                           
                       are managed in CWA, CWA equivalent, or                                                                                           
                       Class I SDWA systems.                                                                                                            
D024................  Wastes that are TC for m-Cresol based on    m-Cresol (difficult to               108-39-4                0.77                 5.6 
                       the TCLP in SW846 Method 1311 and that      distinguish from p-cresol).                        and meet Sec.       and meet Sec. 
                       are managed in non-CWA/non-CWA equivalent/                                                  268.48 standards    268.48 standards 
                       non-Class I SDWA systems only.                                                                                                   
                      Wastes that are TC for m-Cresol based on    m-Cresol (difficult to               108-39-4                0.77                 5.6 
                       the TCLP in SW846 Method 1311 and that      distinguish from p-cresol).                                                          
                       are managed in CWA, CWA equivalent, or                                                                                           
                       Class I SDWA systems.                                                                                                            
D025................  Wastes that are TC for p-Cresol based on    p-Cresol (difficult to               106-44-5                0.77                 5.6 
                       the TCLP in SW846 Method 1311 and that      distinguish from m-cresol).                        and meet Sec.       and meet Sec. 
                       are managed in non-CWA/non-CWA equivalent/                                                  268.48 standards    268.48 standards 
                       non-Class I SDWA systems only.                                                                                                   
                      Wastes that are TC for p-Cresol based on    p-Cresol (difficult to               106-44-5                0.77                 5.6 
                       the TCLP in SW846 Method 1311 and that      distinguish from m-cresol).                                                          
                       are managed in CWA, CWA equivalent, or                                                                                           
                       Class I SDWA systems.                                                                                                            
D026................  Wastes that are TC for Cresols (Total)      Cresol-mixed isomers (Cresylic      1319-77-3                0.88                11.2 
                       based on the TCLP in SW846 Method 1311      acid) (sum of o-, m-, p-cresol                     and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA     concentrations).                                268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA systems only.                                                                                        
                      Wastes that are TC for Cresols (Total)      Cresol-mixed isomers (Cresylic      1319-77-3                0.88                11.2 
                       based on the TCLP in SW846 Method 1311      acid) (sum of o-, m-, and p-                                                         
                       and that are managed in CWA, CWA            cresol concentrations).                                                              
                       equivalent, or Class I SDWA systems.                                                                                             
D027................  Wastes that are TC for p-Dichlorobenzene    p-Dichlorobenzene (1,4-              106-46-7               0.090                 6.0 
                       based on the TCLP in SW846 Method 1311      Dichlorobenzene).                                  and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA systems only.                                                                                        
                      Wastes that are TC for p-Dichlorobenzene    p-Dichlorobenzene (1,4-              106-46-7               0.090                 6.0 
                       based on the TCLP in SW846 Method 1311      Dichlorobenzene).                                                                    
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, or Class I SDWA systems.                                                                                             
D028................  Wastes that are TC for 1,2-Dichloroethane   1,2-Dichloroethane..............     107-06-2                0.21                 6.0 
                       based on the TCLP in SW846 Method 1311                                                         and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA system only.                                                                                         

[[Page 15666]]
                                                                                                                                                        
                      Wastes that are TC for 1,2-Dichloroethane   1,2-Dichloroethane..............     107-06-2                0.21                 6.0 
                       based on the TCLP in SW846 Method 1311                                                                                           
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, or Class I SDWA systems.                                                                                             
D029................  Wastes that are TC for 1,1-                 1,1-Dichloroethylene............      75-35-4               0.025                 6.0 
                       Dichloroethylene based on the TCLP in                                                          and meet Sec.       and meet Sec. 
                       SW846 Method 1311 and that are managed in                                                   268.48 standards    268.48 standards 
                       non-CWA/non-CWA equivalent/non-Class I                                                                                           
                       SDWA system only.                                                                                                                
                      Wastes that are TC for 1,1-                 1,1-Dichloroethylene............      75-35-4               0.025                 6.0 
                       Dichloroethylene based on the TCLP in                                                                                            
                       SW846 Method 1311 and that are managed in                                                                                        
                       CWA, CWA equivalent, or Class I SDWA                                                                                             
                       systems.                                                                                                                         
D030................  Wastes that are TC for 2,4-Dinitrotoluene   2,4-Dinitrotoluene..............     121-14-2                0.32                 140 
                       based on the TCLP in SW846 Method 1311                                                         and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA system only.                                                                                         
                      Wastes that are TC for 2,4-Dinitrotoluene   2,4-Dinitrotoluene..............     121-14-2                0.32                 140 
                       based on the TCLP in SW846 Method 1311                                                                                           
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, or Class I SDWA systems.                                                                                             
D031................  Wastes that are TC for Heptachlor based on  Heptachlor......................      76-44-8              0.0012               0.066 
                       the TCLP in SW846 Method 1311 and that                                                         and meet Sec.       and meet Sec. 
                       are managed in non-CWA/non-CWA equivalent/                                                  268.48 standards    268.48 standards 
                       non-Class I SDWA systems only.                                                                                                   
                                                                  Heptachlor epoxide..............    1024-57-3               0.016               0.066 
                                                                                                                      and meet Sec.       and meet Sec. 
                                                                                                                   268.48 standards    268.48 standards 
                      Wastes that are TC for Heptachlor based on  Heptachlor......................      76-44-8              0.0012               0.066 
                       the TCLP ion SW846 Method 1311 and that                                                                                          
                       are managed in CWA, CWA equivalent, or                                                                                           
                       Class I SDWA systems.                                                                                                            
                                                                  Heptachlor epoxide..............    1024-57-3               0.016               0.066 
D032................  Wastes that are TC for Hexachlorobenzene    Hexachlorobenzene...............     118-74-1                0.55                  10 
                       based on the TCLP in SW846 Method 1311                                                         and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA system only.                                                                                         
                      Wastes that are TC for Hexachlorobenzene    Hexachlorobenzene...............     118-74-1               0.055                  10 
                       based on the TCLP in SW846 Method 1311                                                                                           
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, or Class I SDWA systems.                                                                                             
D033................  Wastes that are TC for Hexachlorobutadiene  Hexachlorobutadiene.............      87-68-3               0.055                 5.6 
                       based on the TCLP in SW846 Method 1311                                                         and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA systems only.                                                                                        
                      Wastes that are TC for Hexachlorobutadiene  Hexachlorobutadiene.............      87-68-3               0.055                 5.6 
                       based on the TCLP in SW846 Method 1311                                                                                           
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, or Class I SDWA systems.                                                                                             
D034................  Wastes that are TC for Hexachloroethane     Hexachloroethane................      67-72-1               0.055                  30 
                       based on the TCLP in SW846 Method 1311                                                         and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA systems only.                                                                                        
                      Wastes that are TC for Hexachloroethane     Hexachlorethane.................      67-72-1               0.055                  30 
                       based on the TCLP in SW846 Method 1311                                                                                           
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, or Class I SDWA systems.                                                                                             

[[Page 15667]]
                                                                                                                                                        
D035................  Wastes that are TC for Methyl ethyl ketone  Methyl ethyl ketone.............      78-93-3                0.28                  36 
                       based on the TCLP in SW846 Method 1311                                                         and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA systems only.                                                                                        
                      Wastes that are TC for Methyl ethyl ketone  Methyl ethyl ketone.............      78-93-3                0.28                  36 
                       based on the TCLP in SW846 Method 1311                                                                                           
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, Class I SDWA systems.                                                                                                
D036................  Wastes that are TC for Nitrobenzene based   Nitrobenzene....................      98-95-3               0.068                  14 
                       on the TCLP in SW846 Method 1311 and that                                                      and meet Sec.       and meet Sec. 
                       are managed in non-CWA/non-CWA equivalent/                                                  268.48 standards    268.48 standards 
                       non-Class I SDWA systems only.                                                                                                   
                      Wastes that are TC for Nitrobenzene based   Nitrobenzene....................      98-95-3               0.068                  14 
                       on the TCLP in SW846 Method 1311 and that                                                                                        
                       are managed in CWA, CWA equivalent, Class                                                                                        
                       I SDWA systems.                                                                                                                  
D037................  Wastes that are TC for Pentachlorophenol    Pentachlorophenol...............      87-86-5               0.089                 7.4 
                       based on the TCLP in SW846 Method 1311                                                         and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA systems only.                                                                                        
                      Wastes that are TC for Pentachlorophenol    Pentachlorophenol...............      87-86-5               0.089                 7.4 
                       based on the TCLP in SW846 Method 1311                                                                                           
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, Class I SDWA systems.                                                                                                
D038................  Wastes that are TC for Pyridine based on    Pyridine........................     110-86-1               0.014                  16 
                       the TCLP in SW846 Method 1311 and that                                                         and meet Sec.       and meet Sec. 
                       are managed in non-CWA/non-CWA equivalent/                                                  268.48 standards    268.48 standards 
                       non-Class I SDWA systems only.                                                                                                   
                      Wastes that are TC for Pyridine based on    Pyridine........................     110-86-1               0.014                  16 
                       the TCLP in SW846 Method 1311 and that                                                                                           
                       are managed in CWA, CWA equivalent, or                                                                                           
                       Class I SDWA systems.                                                                                                            
D039................  Wastes that are TC for Tetrachloroethylene  Tetrachloroethylene.............     127-18-4               0.056                 6.0 
                       based on the TCLP in SW846 Method 1311                                                         and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA systems only.                                                                                        
                      Wastes that are TC for Tetrachloroethylene  Tetrachloroethylene.............     127-18-4               0.056                 6.0 
                       based on the TCLP in SW846 Method 1311                                                                                           
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, or Class I SDWA systems.                                                                                             
D040................  Wastes that are TC for Trichloroethylene    Trichloroethylene...............      79-01-6               0.054                 6.0 
                       based on the TCLP in SW846 Method 1311                                                         and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA systems only.                                                                                        
                      Wastes that are TC for Trichloroethylene    Trichloroethylene...............      79-01-6               0.054                 6.0 
                       based on the TCLP in SW846 Method 1311                                                                                           
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, or Class I SDWA systems.                                                                                             
D041................  Wastes that are TC for 2,4,5-               2,4,5-Trichlorophenol...........      95-95-4                0.18                 7.4 
                       Trichlorophenol based on the TCLP in                                                           and meet Sec.       and meet Sec. 
                       SW846 Method 1311 and that are managed in                                                   268.48 standards    268.48 standards 
                       non-CWA/non-CWA equivalent/non-Class I                                                                                           
                       SDWA systems only.                                                                                                               
                      Wastes that are TC for 2,4,5-               2,4,5-Trichlorophenol...........      95-95-4                0.18                 7.4 
                       Trichlorophenol based on the TCLP in                                                                                             
                       SW846 Method 1311 and that are managed in                                                                                        
                       CWA, CWA equivalent, or Class I SDWA                                                                                             
                       systems.                                                                                                                         

[[Page 15668]]
                                                                                                                                                        
D042................  Wastes that are TC for 2,4,6-               2,4,6-Trichlorophenol...........      88-06-2               0.035                 7.4 
                       Trichlorophenol based on the TCLP in                                                           and meet Sec.       and meet Sec. 
                       SW846 Method 1311 and that are managed in                                                   268.48 standards    268.48 standards 
                       non-CWA/non-CWA equivalent/non-Class I                                                                                           
                       SDWA systems only.                                                                                                               
                      Wastes that are TC for 2,4,6-               2,4,6-Trichlorophenol...........      88-06-2               0.035                 7.4 
                       Trichlorophenol based on the TCLP in                                                                                             
                       SW846 Method 1311 and that are managed in                                                                                        
                       CWA, CWA equivalent, or Class I SDWA                                                                                             
                       systems.                                                                                                                         
D043................  Wastes that are TC for Vinyl chloride       Vinyl chloride..................      75-01-4                0.27                 6.0 
                       based on the TCLP in SW846 Method 1311                                                         and meet Sec.       and meet Sec. 
                       and that are managed in non-CWA/non-CWA                                                     268.48 standards    268.48 standards 
                       equivalent/non-Class I SDWA systems only.                                                                                        
                      Wastes that are TC for Vinyl chloride       Vinyl chloride..................      75-01-4                0.27                 6.0 
                       based on the TCLP in SW846 Method 1311                                                                                           
                       and that are managed in CWA, CWA                                                                                                 
                       equivalent, or Class I SDWA systems.                                                                                             
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes to table:                                                                                                                                         
\1\ The waste descriptions provided in this table do not replace waste descriptions in 40 CFR part 261. Descriptions of Treatment/Regulatory            
  Subcategories are provided, as needed, to distinguish between applicability of different standards.                                                   
\2\ CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical with it's salts
  and/or esters, the CAS number if given for the parent compound only.                                                                                  
\3\ Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.                                       
\4\ All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detail in 40 CFR 268.42 Table 1--        
  Technology Codes and Descriptions of Technology-Based Standards.                                                                                      
\5\ Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration were            
  established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR Part 264, Subpart O, or based 
  upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may comply with these treatment 
  standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis of grab samples.          
*                   *                   *                   *                   *                   *                                                   
\7\ Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or 9012, found in ``Test Methods for          
  Evaluating Solid Waste, Physical/Chemical Methods'', EPA Publication SW-846, as incorporated by reference in 40 CFR 260.11, with a sample size of 10  
  grams and distillation time of one hour and 15 minutes.                                                                                               


[FR Doc. 96-8249 Filed 4-5-96; 8:45 am]
BILLING CODE 6560-50-P