[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Rules and Regulations]
[Pages 25408-25417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11271]



[[Page 25407]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 261 et al.



Land Disposal Restrictions Phase IV: Treatment Standards for Wood 
Preserving Wastes, Treatment Standards for Metal Wastes, Zinc 
Micronutrient Fertilizers, Carbamate Treatment Standards, and K088 
Treatment Standards; Final Rule

  Federal Register / Vol. 64, No. 90 / Tuesday, May 11, 1999 / Rules 
and Regulations  

[[Page 25408]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261, 262, and 268

RIN 2050-AE05
[EPA # F-98-P3F4-FFFFF; FRL-6335-7]


Land Disposal Restrictions Phase IV: Treatment Standards for Wood 
Preserving Wastes, and Treatment Standards for Metal Wastes, and Zinc 
Micronutrient Fertilizers, and Carbamate Treatment Standards, and K088 
Treatment Standards, Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

-----------------------------------------------------------------------

SUMMARY: This rule corrects and clarifies five related rules the EPA 
published on May 12, 1997, May 26, 1998, August 31, 1998, September 4, 
1998, and September 24, 1998. On May 12, 1997, EPA published 
regulations promulgating Land Disposal Restrictions (LDR) treatment 
standards for wood preserving wastes, as well as reducing the paperwork 
burden for complying with LDRs. On May 26, 1998, EPA published 
regulations promulgating LDR treatment standards for metal-bearing 
wastes, as well as amending the LDR treatment standards for soil 
contaminated with hazardous waste, and amending the definition of which 
secondary materials from mineral processing are considered to be wastes 
subject to the LDRs. On August 31, 1998, EPA published an 
administrative stay of the metal-bearing waste treatment standards as 
they apply to zinc micronutrient fertilizers. On September 4, 1998, EPA 
published an emergency revision of the LDR treatment standards for 
hazardous wastes from the production of carbamate wastes. On September 
24, 1998, EPA published revised treatment standards for spent aluminum 
potliners from primary aluminum production. Today's rule makes 
technical corrections and clarifications to these final regulations.

EFFECTIVE DATE: This rule is effective on May 11, 1999.

ADDRESSES: The public may obtain a copy of this technical correction at 
the RCRA Information Center (RIC), located at Crystal Gateway One, 1235 
Jefferson Davis Highway, First Floor, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: For general information contact the 
RCRA Hotline at (800) 424-9346 (toll free) or (703) 920-9810 in the 
Washington, DC metropolitan area. For information on this rule contact 
Peggy Vyas (5302W), Office of Solid Waste, 401 M Street, SW, 
Washington, DC 20460, (703) 308-5477, e-mail address is 
``[email protected]''.

SUPPLEMENTARY INFORMATION:

I. Reasons and Basis for Today's Amendments

    The Agency has received several comments from the regulated 
community requesting clarification and correction of certain aspects of 
five rules all promulgating and revising Phase IV of the LDRs. These 
are: the May 12, 1997 LDR Phase IV final rule (the so-called ``Mini'' 
Rule, 62 FR 25998), the May 26, 1998 LDR Phase IV final rule (63 FR 
28556), the August 31, 1998 administrative stay of the May 26, 1998 
rule's applicability to certain zinc micronutrient fertilizers (63 FR 
46332), the September 4, 1998 emergency revisions to the treatment 
standards for carbamate production wastes (63 FR 172), and the 
September 24, 1998 revisions to the treatment standards for spent 
aluminum potliners (63 FR 51254). Today's preamble discussion 
amendments make clarifications and technical corrections where 
appropriate in light of the comments received.

II. Clarification of the May 12, 1997 LDR Phase IV ``Mini Rule''

    On May 12, 1997, EPA published regulations promulgating certain 
aspects of the original LDR Phase IV proposal (60 FR 11702, March 2, 
1995), including a discussion clarifying point of generation of 
hazardous wastes (see 60 FR 26006-7, May 12, 1997). That discussion may 
have been confusing with regard to the status of sludge from high-TOC 
ignitable waste treated in entirely tank-based NPDES or POTW discharge 
systems. To clarify, EPA's position is that where wastes are managed in 
NPDES or POTW discharge systems that are entirely tank-based, the 
wastes are not destined for land disposal and, therefore, neither the 
LDR disposal prohibitions nor the treatment standards (or attendant 
dilution prohibition) apply. Conversely, where an NPDES or POTW 
discharge system includes a land-based unit (i.e., a surface 
impoundment), wastes managed in the system are considered to be 
destined for land disposal, and the LDR regulations do apply. See 61 FR 
15566 at 15570 (April 8, 1996), 53 FR 31136 at 31149 (August 17, 1988).
    Accordingly, the management of a high-TOC ignitable waste in an 
entirely tank-based NPDES or POTW discharge system--whether inadvertent 
or not--would trigger no LDR requirements. Sludge subsequently removed 
from the tanks would be considered newly-generated waste (for LDR 
purposes) regardless of any changes in treatability group, and LDR 
requirements would apply with respect to its management only if the 
sludge itself is hazardous waste when removed. If the sludge is a 
hazardous waste, the LDR treatment standard that would apply would 
depend on the hazardous waste code and treatability group (or 
subcategory) of the sludge itself.

III. Amendments to and Clarifications of the May 26, 1998 LDR Phase 
IV Final Rule

    Several errors exist in the regulatory language of the LDR Phase IV 
final rule, which we are correcting with today's rule. We are also 
making several clarifications to the preamble of the LDR Phase IV final 
rule.

A. Corrections to the LDR Phase IV Final Rule

1. Section 261.2(e)(1)(iii)
    Section 261.2(e) identifies materials that are not solid wastes 
when recycled. The rule added an amendment to Sec. 261.2(e)(1)(iii), 
which amendment applies only to secondary materials generated and 
reclaimed by the primary mineral processing industry. The rule 
inadvertently deleted language in Sec. 261.2(e)(1)(iii) that applies to 
other industrial sectors recycling secondary materials. The Agency did 
not intend to eliminate the long-standing regulatory exclusions for 
other industrial sectors, and indeed effectively stated that the 
provision was not being amended for other industry sectors, see 63 FR 
at 28583-584. We are therefore restoring the omitted text in this 
section.
2. Section 261.4
    The Hazardous Waste Combustion Revised Standards published on June 
19, 1998 (63 FR 33782) added a paragraph to Sec. 261.4(a)(16), which 
inadvertently changed what was promulgated in the LDR Phase IV final 
rule. To avoid confusion, we are redesignating the language promulgated 
in Sec. 261.4(a)(16) in the LDR Phase IV final rule as 
Sec. 261.4(a)(17).
    Section 261.4(a)(17) (as renumbered in this rule) identifies 
certain mineral processing secondary materials as subject to a 
conditional exclusion from subtitle C regulation as follows:

    Secondary materials * * * generated within the primary mineral 
processing industry from which minerals, acids, cyanide, water or 
other values are recovered by mineral processing.

    As noted throughout the preamble, however, the same mineral 
processing secondary materials are also recovered

[[Page 25409]]

in beneficiation operations. See, e.g., 63 FR at 28578. EPA did not 
intend to restrict the scope of the conditional exclusion to recovery 
only in mineral processing operations. Id. Consequently, EPA is 
amending Sec. 261.4(a)(17) to indicate that recovery of these secondary 
materials may occur in either mineral processing or beneficiation 
operations.
    This same amendment is being made to Sec. 261.4(b)(7)(iii), which 
sets out the conditions under which wastes from the co-processing of 
normal feedstock with mineral processing secondary materials remains 
exempt from subtitle C regulation under the Bevill Amendment. In 
relevant part, the rule states:

    A residue derived from co-processing mineral processing 
secondary materials with normal beneficiation raw materials remains 
excluded under paragraph (b) * * * if the owner or operator:
    (A) Processes at least 50 percent by weight normal beneficiation 
raw materials;

    The regulation inadvertently neglected to address the comparable 
situation when Bevill residues come from mineral processing rather than 
beneficiation operations. EPA clearly indicates in the preamble that 
the provisions of paragraph (b)(7)(ii) also apply to co-processing 
mineral processing secondary materials in beneficiation units. See 63 
FR at 28595; see also 54 FR at 36614, 16619-620, 36629 (Sept. 1, 1989); 
54 FR at 15324-325, 15341 (April 17, 1989) (prior rulemakings where EPA 
indicated that these conditions apply). Consequently, EPA is adding 
clarifying language to Sec. 261.4(b)(7)(iii) to affirm that both 
beneficiation and mineral processing operations are included.
3. Section 268.7
    The tables in Sec. 268.7(a) and (b), entitled ``Generator Paperwork 
Requirements Table'' and ``Treatment Facility Paperwork Requirements 
Table,'' are now erroneously missing certain checkmarks, which we are 
reinstating in today's rule. The LDR Phase IV final rule also added a 
line eight to the ``Generator Paperwork Requirements Table,'' and a 
line five to the ``Treatment Facility Paperwork Requirements Table,'' 
both for contaminated soil, which inadvertently erased the previous 
lines eight and five. We are correcting this oversight by reinstating 
the missing lines as nine and six, respectively.
4. Section 268.9
    The language in Sec. 268.9(d)(2) currently refers to language in 
Sec. 268.7(b)(5), which has been renumbered as Sec. 268.7(b)(4). 
Today's rule amends the language in Sec. 268.9 to correct this 
miscitation. For more clarification of LDR certifications and how they 
apply to soil, see the discussion in section B.6.c. below.
5. Section 268.40
    Today's rule also amends the treatment standard table found in 
Sec. 268.40. The entry for P015 incorrectly describes this waste as 
``beryllium dust''; the proper term is ``beryllium powder.'' Also, the 
entry for U408 gave the incorrect CAS number for 2,4,6-Tribromophenol. 
We are correcting these errors in today's rule. For other errors in the 
Sec. 268.40 table, see sections V. and VI. below.

B. Clarifications to the LDR Phase IV Final Rule

1. Effective Dates
    The Agency has received a number of questions about the dates when 
various provisions of the LDR Phase IV final rule become effective. A 
memorandum explaining in further detail the effective dates of the LDR 
Phase IV final rule is available in the RCRA docket for the rule, and 
is also available on the internet at: http://www.epa.gov/epaoswer/
hazwaste/ldr/ldrmetal/memos/effectiv.pdf.
    Part of the confusion over the compliance dates for the LDR Phase 
IV final rule resulted from EPA incorrectly referring to effective 
dates as ``compliance dates''. In the ``Effective Dates'' section in 
the preamble (see page 28556, middle column), the Agency lists four 
exceptions to the August 24, 1998 effective date for the rule. These 
exceptions are referred to as ``compliance dates'', when, in fact, they 
are effective dates.
    Another point of clarification relates to the LDR Phase IV final 
rule amendments of the treatment standards for carbamate wastes, which 
were originally promulgated in the LDR Phase III final rule on April 8, 
1996 (61 FR 15566). The LDR Phase IV amendments went into effect August 
24, 1998. However, on September 4, 1998, the Agency changed the 
compliance dates for the LDR Phase IV carbamate treatment standards. If 
you have any questions related to compliance with the carbamate 
treatment standards, we direct you to the Emergency Revision of the 
Land Disposal Restrictions Treatment Standards for Listed Hazardous 
Wastes from Carbamate Production, which was published on September 4, 
1998 (63 FR 172).
2. Waste as Fill
    In the May 12, 1997 second supplemental proposed rule, EPA raised 
the issue of prohibiting the use of hazardous waste as fill material 
unless it was demonstrated to the Agency (or authorized State) that the 
use of the waste minimized threats to human health and the environment 
(see 62 FR 26061). The Agency did not finalize this issue in the LDR 
Phase IV final rule, but the proposal remains pending and awaiting EPA 
further action.
3. Cement Kiln Dust
    EPA states at 63 FR at 28600/3 that:

    The Agency is aware that both cement kiln[s] and aggregate kilns 
may both burn hazardous wast[e] fuels and that the dusts from air 
pollution control devices are often blended into final products. 
Under existing regulations, if these dusts resulting from burning 
listed hazardous waste fuels are blended into products that are used 
on the land, the product would be subject to RCRA's `derived from' 
rules. * * *''

The second sentence refers to a situation where the Bevill amendment 
does not apply to the residue from burning the hazardous waste derived 
fuel. The overall sense and intent of this section of the preamble 
remains that EPA wishes to consider cement kiln dust and dust from 
lightweight aggregate kilns (including dusts from kilns burning 
hazardous waste as fuels) in the same fashion because they are similar 
materials managed in similar manners.
4. D004 Treatment Standards
    Some confusion also apparently exists as to whether the Universal 
Treatment Standards (UTS) apply to D004 arsenic wastes. In the preamble 
to the LDR Phase IV final rule, we state that the UTS apply to both 
wastewater and nonwastewater forms of the TC metal wastes. But a 
parenthetical then states that, for TC arsenic wastes, the UTS applies 
to the wastewater form only. The Agency unfortunately has caused 
confusion by this parenthetical language. The parenthetical only meant 
to explain that we were revising or replacing the standard solely for 
the nonwastewater form of arsenic in LDR Phase IV. We did not intend by 
the parenthetical to suggest that the wastewater form of arsenic had 
changed or been eliminated, or that the UTS do not apply. The existing 
standard for the wastewater form of arsenic was and remains the UTS. 
Therefore, the UTS have and will continue to apply to D004 arsenic 
wastes in both forms.
5. TC Metal Standards and Mixed Wastes
    In the preamble to the final rule, EPA refers to characteristic 
metal mixed wastes that were previously stabilized to meet the then-
existing LDR

[[Page 25410]]

requirements and that are now being stored prior to disposal. We 
indicate that these mixed wastes do not have to be re-treated to meet 
the revised treatment standards prior to disposal (63 FR 28575-28576). 
Mixed wastes are those that are both radioactive and hazardous. 
Although we believe that the preamble is clear, EPA has received a 
number of inquiries on this point. The Agency wishes to reiterate that, 
for the reasons explained in the LDR Phase IV preamble, if mixed wastes 
that are characteristically hazardous for metals were treated via 
stabilization to the old treatment standards before the effective date 
of the LDR Phase IV rule, these wastes do not need to be re-treated to 
meet the new treatment standards even if land disposal of the waste 
occurs after the effective date of the LDR Phase IV rule. Wastes 
previously treated by methods other than stabilization will have to be 
re-treated, as indicated clearly in the LDR Phase IV preamble, unless a 
site-specific variance is granted. Please note that the preamble 
further indicates EPA's amenability to grant such variances where, for 
example, there is risk of re-exposure to radiation. See 63 FR at 28576.
6. Soil Issues
    EPA has received numerous questions about the alternative soil 
treatment standards. Two important questions and their answers appear 
below. Other questions will be handled through regular information 
channels, such as the RCRA Hotline at 1-800-424-9346. We also wish to 
remind readers generally that before receiving authorization for the 
soil treatment standards, states authorized for other portions of the 
LDR program may, for contaminated soil, use state waivers or other 
state authorities to waive the duty to comply with the LDR treatment 
standards for pure hazardous waste and allow, instead, compliance with 
the soil treatment standards. This is discussed more fully in the 
guidance memorandum mentioned above on LDR Phase IV rule effective 
dates.
    a. What are the certification requirements for decharacterized 
soil? The certification requirements for decharacterized soil are 
similar to the requirements for decharacterized wastes. The 
certification language found in Sec. 268.7(b)(4) is to be used if 
underlying hazardous constituents in decharacterized soil have been 
treated, either to meet the 90% reduction or the ten times UTS 
provisions in the soil treatment standards. If underlying hazardous 
constituents in decharacterized soil have not been treated and are 
above the 10 X UTS soil standard, the soil still requires treatment. In 
this case, the revised certification language found in 
Sec. 268.7(b)(4)(iv) must be used instead. See 63 FR at 28620.
    b. If constituents of concern in a hazardous contaminated soil have 
a specified method of treatment, can a facility still use the 
alternative soil treatment standards? In interpreting the alternative 
soil treatment standards found at Sec. 268.49(c)(3), questions have 
arisen, particularly with respect to: (1) use of soil treatment 
standards where the only constituents of concern are nonanalyzable, and 
(2) situations in which both analyzable and non-analyzable constituents 
are present. The table below details the appropriate implementation of 
the language in Sec. 268.49(c)(3), based on language from the preamble 
to the proposed and final rules with respect to contaminated soils 
containing both analyzable and nonanalyzable constituents. Readers 
should note that the following information only applies to constituents 
of concern present in a hazardous contaminated soil that must meet LDRs 
before land disposal.

------------------------------------------------------------------------
                                                         Then soils
                                                      contaminated with
 If these constituents are *      And if these       these constituents
             * *               constituents * * *    meet LDR treatment
                                                      requirements when
                                                          you * * *
------------------------------------------------------------------------
Nonanalyzable only..........  Have a method of      Treat all of these
                               treatment specified   constituents using
                               in Sec.  268.40.      the treatment
                                                     method[s] specified
                                                     in Sec.  268.40.
Analyzable and nonanalyzable  Are organic           Treat analyzable
                               compounds.            constituents to
                                                     numerical soil
                                                     treatment levels;
                                                     no need to
                                                     separately treat
                                                     nonanalyzable
                                                     constituents using
                                                     method specified in
                                                     Sec.  268.40.
analyzable only.............  Have a method of      Treat each
                               treatment specified   constituent to
                               in Sec.  268.40 AND   numerical soil
                               ALSO a                treatment levels.
                               concentration-based
                               limit in the Sec.
                               268.48 UTS table.
                              Have only             Treat each
                               concentration based   constituent to
                               limits in Sec.        numerical soil
                               268.40 and Sec.       treatment levels.
                               268.48.
------------------------------------------------------------------------

    The preambles to both the final and proposed rules on contaminated 
soils make clear that EPA intended to allow treatment of analyzable 
constituents to serve as a surrogate for treating unanalyzable 
constituents only when the analyzable and unanalyzable constituents are 
both organics. The Phase IV preamble thus states that ``[i]n situations 
where contaminated soil contains both analyzable and nonanalyzable 
organic constituents, treating the analyzable constituents to meet the 
soil treatment standards is also reasonably expected to provide 
adequate treatment of nonanalyzable constituents.'' 63 FR at 28609 
(emphasis added). This sentence indicates that it is reasonable to 
expect that treatment for analyzable organic constituents will be 
sufficiently effective for other organic, but nonanalyzable, 
constituents. See also, Phase II proposal, 58 FR at 48124 (col. 2) 
(Sept. 14, 1993) (likewise stating that the principle of treating only 
analyzable constituents applies only where analyzable and nonanalyzable 
constituents are both organics). We are accordingly amending the 
language of the rule so that it matches these preamble explanations.
    This leaves unaddressed in the rule situations (which may or may 
not actually exist) where analyzable and unanalyzable hazardous 
constituents are not both organics. If the situation exists, it would 
not be reasonable to assume in all situations that organic treatment 
would serve as a surrogate for inorganic or metal treatment, or vice 
versa. Should the situation arise, EPA believes it should be addressed 
on a site-specific basis. The relevant factors to be considered include 
the types of hazardous constituents, their concentrations (for the 
analyzable constituents), and their amenability to common treatment.
    c. What are nonanalyzable constituents? A nonanalyzable constituent 
is any constituent that does not have appropriate test methods or 
chemical standards to properly measure compliance with LDR 
concentration-based standards. A constituent is nonanalyzable under LDR 
regulation when (1) the appropriate Sec. 268.40 listing

[[Page 25411]]

specifies a treatment technology, and (2) there is no concentration-
based limit in the Sec. 268.48 UTS table. We note, simply for technical 
accuracy, that the Phase IV preamble (63 FR 28609, col. 2) refers in a 
parenthetical statement to nonanalyzable constituents as belonging only 
to P and U waste codes. That preamble parenthetical is not entirely 
correct. A limited number of organic nonanalyzable constituents are 
also regulated under K and F waste codes. This clarification does not 
affect implementation of Sec. 268.49(c)(3) in any way.
7. Intentional Mixing of Hazardous Waste With Soil or Debris
    It is illegal to add soil or debris to a hazardous waste to change 
the waste's treatment classification to soil or debris and thereby to 
falsely claim eligibility for the alternative treatment standards for 
soil or debris. Put another way, addition of soil or debris to a 
hazardous waste does not change that waste into soil or debris for 
purposes of LDR treatment. As the Agency stated in the May 26, 1998 
preamble, ``[A]ny deliberate mixing of prohibited hazardous waste with 
soil in order to change its treatment classification (i.e. from waste 
to contaminated soil) is illegal. Existing regulations concerning 
impermissible dilution already make this point.'' 63 FR at 28621. The 
conduct is impermissible dilution because it adds a diluting medium--
the soil--that neither contributes to effective treatment nor 
represents a bona fide substitute for adequate treatment. Id.
    EPA further made clear that this conduct subjects generators to 
civil and criminal penalties. 63 FR at 28621. In addition, the 
impermissibly diluted waste remains subject to the original treatment 
standard, ``so no benefit in terms of reduced treatment would occur.'' 
Id.
    EPA had earlier established the same principle for debris: 
``[a]lthough EPA is classifying mixtures that are predominantly debris 
as debris, this does not mean that debris can be deliberately mixed 
with other wastes in order to change their treatment classification. 
Such mixing is impermissible dilution under Sec. 268.3 since it is a 
substitute for adequate treatment.'' 57 FR at 37224 (Aug. 18, 1992); 
see also 57 FR at 37243 (``if debris is intentionally mixed with 
contaminated soil or hazardous waste (e.g. after excavation), and the 
mixture is regulated as debris by the application of the mixture 
principle and subsequently immobilized, prohibited sham mixing has 
occurred'').
    To ensure that there is no possibility of misunderstanding current 
law, EPA has decided to amend the definitions in Sec. 268.2 to reflect 
more directly the preamble language stating that intentional addition 
of soil or debris to hazardous waste is impermissible. Currently, the 
definitions of ``soil'' and ``debris'', respectively state that soil or 
debris is ``made up primarily of soil'' or ``primarily of debris.'' 40 
CFR Sec. 268.2 (k) and (g). To remove any possible (albeit unfounded, 
given the existence of the dilution prohibition in Sec. 268.3 and the 
preamble language quoted above) confusion regarding the term 
``primarily'' in the rules, EPA is incorporating language directly into 
the respective definitions that states that deliberate mixing of 
process waste to soil or debris that changes a treatment classification 
is impermissible dilution. These additions merely incorporate existing 
preamble text into regulations and do not establish any new principles. 
Thus, today's correction is at most an interpretive rule because EPA's 
existing interpretations are being codified as clarifications to the 
definitions of soil and debris and to the existing dilution prohibition 
in Sec. 268.3. Moreover, no new obligations are created because 
existing regulations--viz., the dilution prohibition in Sec. 268.3--
already make the conduct illegal. Whether the change is a technical 
correction or an interpretive rule, no opportunity for notice and 
comment is required. 5 U.S.C. Sec. 553(b).
8. Treatment Residuals and Point of Generation of a New Hazardous Waste 
for LDR Purposes
    The Agency has received several inquiries concerning treating TC 
metal wastes and the potential for finding underlying hazardous 
constituents at levels above the UTS in the treatment residuals that 
were either not present in the waste prior to treatment or may have 
been present but only at levels below the UTS. This would occur, for 
example, if the treatment process is such that certain underlying 
hazardous constituents ( UHCs) might be more concentrated in treatment 
residuals than in the original waste.
    Two illustrative scenarios are useful. The first involves a D007 
chromium waste that is incinerated. Trace quantities of lead are 
present in the original waste, but at levels below the UTS (thus, lead 
is not a UHC under 40 CFR Sec. 268.2(i)). The resulting ash is no 
longer characteristic for chromium, but lead is now present at levels 
above the UTS. The second involves a D008 lead wastewater that contains 
no underlying hazardous constituents as generated, but that is treated 
with dithiocarbamate, a metal precipitating agent. Dithiocarbamate is 
also a hazardous constituent that appears on the list of potential UHCs 
in Sec. 268.48. The dithiocarbamate assists the stabilization of the 
lead but, after treatment, is present at levels above the UTS in the 
treatment residuals.
    In both of these cases, the treatment residuals (ash and sludge) 
demonstrate that the original waste is decharacterized. Under 
Sec. 268.2(i), the only UHCs that must be treated and that must meet 
the Universal Treatment Standards (UTS) are those determined to be 
present above UTS levels in the original waste--either via testing or 
generator knowledge. Because the treatment process results in non-
hazardous residuals, the treatment facility is not responsible for 
additional testing to determine if any different underlying hazardous 
constituents are added or created during the treatment process itself. 
Furthermore, only the original UHCs must meet the UTS.
    However, if in either case the treatment residual is also 
characteristic by having constituents that are not only above the UTS 
level but also above the TC level, then the residual is a newly-
generated hazardous waste for LDR purposes. This result is consistent 
with the definition of generator at Sec. 260.10: ``Generator means any 
person, by site, whose act or process produces hazardous waste 
identified or listed in part 261 * * * `` The result is also consistent 
with the key LDR principle that hazardous wastes must meet LDR 
treatment standards to minimize threats before the wastes are land 
disposed. See, e.g., Chemical Waste Management v. EPA, 976 F. 2d 2, 16-
18 (D.C. Cir. 1992) (treatment must include treatment for both 
characteristic property and for underlying hazardous constituents). For 
these reasons, the Agency regards generation of a new characteristic 
treatment residual as being a new point of generation for LDR purposes. 
This newly-formed hazardous waste would have to be treated to below the 
characteristic, and any underlying hazardous constituents would have to 
be treated to below their UTS levels.1
---------------------------------------------------------------------------

    \1\ This analysis is consistent with the so-called change of 
treatability group principle first stated at 55 FR at 22661, col. 2 
(June 1, 1990). That principle states that LDR prohibitions remain 
attached to the initial waste as long as the waste remains within 
the same treatability group (normally wastewater or nonwastewater). 
Thus, if a characteristic wastewater is treated and a non-wastewater 
sludge is generated from the treatment process, the prohibition for 
the wastewater does not automatically apply to the sludge. Id. The 
situation discussed in the text above, however, involves the status 
for this hypothetical sludge if it itself exhibits a characteristic 
of hazardous waste. EPA views such a characteristic sludge as being 
newly generated for LDR purposes.

---------------------------------------------------------------------------

[[Page 25412]]

    Thus, in the first scenario above regarding a decharacterized waste 
with lead in the ash, if the lead is present in the ash at or above TC 
levels (i.e., a new D008 waste has been generated), the lead must be 
treated to UTS levels. Furthermore, the treater has generated the new 
hazardous waste for LDR purposes and is responsible for a new 
determination of UHCs that are present and that require treatment to 
UTS levels. The same is true in the second example if the 
dithiocarbamate treatment sludge is characteristic.
    EPA notes further, however, that in determining whether a treatment 
process has generated a new hazardous waste for LDR purposes, the 
Agency looks to the entire treatment process, not to each component 
part. In general, as explained below, the determination of whether a 
new hazardous waste is generated--i.e., whether a new point of 
generation for LDR purposes is created--is made at the completion of 
the treatment process. Thus:
    (i) For residuals that are the end product of a one-step treatment 
process or the end product of a treatment train, the treater has the 
obligation to ensure only that the original UHCs meet UTS standards and 
that the treatment residuals are not themselves characteristic. If a 
treatment residual in this scenario does not meet the treatment 
standards for the original characteristic (i.e., when treatment is 
ineffective or incomplete) and requires further treatment, EPA does not 
consider the treatment residue to be newly generated for LDR purposes. 
Such a treatment residue, however, cannot be land disposed until it 
meets the treatment standard applicable to the original waste. This 
situation would normally involve re-treating the waste residuals on-
site. Any UHCs added or created by the treatment process are not 
required to be treated because there is no new point of generation for 
LDR purposes. However, as noted above, if the treatment residuals are 
themselves characteristic due to a new property (for example, the 
formerly characteristic chromium D007 waste is now characteristic only 
for D008 lead), then the treater must make a new determination of the 
UHCs present--either through knowledge or additional testing. This is 
the same obligation that attaches to any generator of a hazardous 
waste.
    (ii) For treatment residuals that appear only at intermediate steps 
of a treatment train, there is no obligation to determine UHCs or to 
determine whether the residual is itself characteristic. Intermediate-
step treatment residuals are not newly generated hazardous wastes for 
LDR purposes. Thus, even when an intermediate treatment residual is 
sent off-site for further treatment (such as incinerator ash going 
offsite for stabilization and landfilling), our current regulations at 
Sec. 268.7(b)(5) require only that the UHCs identified at the LDR point 
of generation be identified. There is no such requirement for any new 
UHCs that may be added or created during the preceding steps of the 
treatment process.
9. Clarification of Footnote 7 in Preamble
    LDR Phase IV, as mentioned earlier, deals with the status of 
mineral processing materials under the RCRA definition of solid waste 
at Sec. 261.2. Footnote seven of the preamble to the LDR Phase IV final 
rule, as printed in the Federal Register, reads: ``EPA does note the 
potential anomaly that non-mineral processing secondary materials, at 
least for the moment, will be regulated in some cases stringently than 
those generated and reclaimed within the mineral processing industry.'' 
63 FR at 28583 n. 7. This language reflects a printing error by the 
Office of Federal Register which erroneously omitted the word ``less'' 
before the word ``stringently'' in this sentence. The footnote thus 
should read: ``EPA does note the potential anomaly that non-mineral 
processing secondary materials, at least for the moment, will be 
regulated in some cases less stringently than those generated and 
reclaimed within the mineral processing industry.''
    Of course, as EPA noted elsewhere in the rule, secondary materials 
within the mineral processing industry will be regulated in other 
instances less stringently than those from outside the industry (the 
principal example being characteristic spent materials being 
reclaimed). The main point, as expressed in the footnote, is that the 
new rules establish a separate solid waste classification scheme for 
the mineral processing industry that differs from the generic 
classification scheme set out in the remainder of Sec. 261.2.

IV. Amendment to the August 31, 1998 Stay for Certain Zinc 
Micronutrient Fertilizers

    On August 31, 1998, EPA issued an administrative stay of the Phase 
IV rule as it applies to zinc micronutrient fertilizers that are 
produced from hazardous wastes exhibiting the toxicity characteristic. 
63 FR 46332. Although EPA clearly stated throughout the rule that the 
administrative stay applied to ``zinc micronutrient fertilizers,'' the 
regulatory language codifying the stay mistakenly refers instead to 
``zinc-containing fertilizers.'' See 63 FR 46334, to be codified at 40 
CFR Sec. 268.40(i). There exists a remote possibility that there are 
fertilizers produced from toxicity characteristic hazardous wastes that 
do not utilize zinc as a micronutrient but otherwise contain zinc 
(possibly as a trace element without nutritive value). Since the 
administrative stay was not meant to apply to such (hypothetical) 
fertilizers, EPA is amending the regulatory language to cover only zinc 
micronutrient fertilizers, as intended.

V. Amendments to the September 4, 1998 Emergency Revision of the 
Treatment Standards for Listed Hazardous Wastes From Carbamate 
Production

    The September 4, 1998 Emergency Revision of the LDR Treatment 
Standards for Listed Hazardous Wastes from Carbamate Production (63 FR 
172) adds a paragraph (i) to Sec. 268.40, which inadvertently replaced 
the existing paragraph (i) added by the Land Disposal Restrictions 
final rule published on August 31, 1998 (staying LDR metal standards 
for zinc micronutrient fertilizers). Today's rule redesignates the 
current paragraph (i) as paragraph (j), and reinserts the paragraph (i) 
from the August 31, 1998 rule (as additionally amended in this 
correction notice, see section IV above). The September 4, 1998 rule 
also inadvertently changes footnotes eight and 11 to the table of 
treatment standards found in Sec. 268.40. The correct footnotes are 
reinstated in today's rule.
    A more significant error in the September 4, 1998 Emergency Rule is 
the removal of footnote six for all constituents listed in the table of 
Universal Treatment Standards found in Sec. 268.48. In doing so, the 
rule mistakenly changes the status of certain carbamate constituents, 
which should not be underlying hazardous constituents until their newly 
revised treatment standards go into effect on March 4, 1999. By 
removing the footnote, these carbamate constituents are considered 
underlying hazardous constituents as of September 4, 1998, the 
effective date of the Emergency Rule. This was and is not the Agency's 
intention, and we are therefore reinstating the footnote with the 
correct date of March 4, 1999.

[[Page 25413]]

    The treatment standards for K159 in the Table of Treatment 
Standards for Hazardous Wastes in Sec. 268.40 are currently incorrect. 
The standards were and should be those promulgated in the LDR Phase III 
final rule (61 FR 15566, April 8, 1996). However, those standards were 
inadvertently and mistakenly revised in a technical correction on 
February 19, 1997 (62 FR 7502). Today's rule reinstates the correct 
treatment standards for K159 in the Sec. 268.40 table.
    Finally, today's rule also corrects: (1) the nonwastewater standard 
for oxamyl, which was listed incorrectly in the entry for P194; and (2) 
the CAS numbers for acetophenone and triethylamine, which were listed 
incorrectly in the entries for K156 and U404, respectively.

VI. Amendment to the September 24, 1998 Revision of the Treatment 
Standards for Spent Potliners From Primary Aluminum Reduction 
(K088)

    On September 24, 1998 EPA promulgated revised LDR treatment 
standards for waste code K088. The rule changes the nonwastewater 
standard for arsenic in K088 from 5.0 mg/l TCLP to 26.1 mg/kg total, 
and also changes the nonwastewater standard for fluoride in K088 from 
48 mg/l TCLP to NA. The wastewater standard for fluoride is unaffected 
by the rule. (That standard also is not affected by the court's 
rationale in Columbia Falls Aluminum Co. v. EPA, 139 F. 3d 914, 922-23 
(D.C. Cir. 1998) because the standard for fluoride wastewaters does not 
involve the use of the TCLP.) Unfortunately, the final rule 
inadvertently omitted fluoride, and its treatment standards, from the 
entry for K088 in the table of treatment standards in Sec. 268.40. 
Because of this omission, the change to the nonwastewater standard for 
fluoride was not codified. Today we are restoring fluoride and its 
revised standards in the entry for K088 in the Sec. 268.40 table.

VII. Analysis Under Executive Order 12866, Executive Order 12875, 
Executive Order 12898, Executive Order 13045, Executive Order 
13084, the Unfunded Mandates Reform Act of 1995, the Regulatory 
Flexibility Act, and the Paperwork Reduction Act

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. In addition, 
this action does not impose any enforceable duty, contain any unfunded 
mandate, or impose any significant or unique impact on small 
governments as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4). This rule also does not require prior consultation 
with State, local, and tribal government officials as specified by 
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive 
Order 13084 (63 FR 27655, May 10, 1998), or involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this 
action is not subject to notice-and-comment requirements under the 
Administrative Procedure Act or any other statute, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O. 
13045 as applying only to those regulatory actions that are based on 
health or safety risks, such that the analysis required under section 
5-501 of the Order has the potential to influence the regulation. This 
rule is not subject to E.O. 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks. 
EPA's compliance with these statutes and Executive Orders for the 
underlying rule is discussed in the May 12, 1997, the May 26, 1998, the 
August 31, 1998, the September 4, 1998, and the September 24, 1998 
Federal Register notices.

VIII. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 808 allows the issuing agency to make a good 
cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. This determination must 
be supported by a brief statement. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefor, and established an effective date of May 11, 1999. 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

IX. Immediate Effective Date

    EPA is making this rule effective immediately. The rule adopts 
corrections which are purely technical in that they correct outright 
printing errors, or are manifestly inconsistent with the Agency's 
stated intent. Comment on such changes is unnecessary, within the 
meaning of 5 U.S.C. 553(b)(3)(B). For the same reasons, there is good 
cause to make the rule effective immediately pursuant to 5 U.S.C. 
553(d)(3).

List of Subjects

40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements.

40 CFR Part 262

    Hazardous waste, Labeling, Manifest, Reporting and recordkeeping 
requirements.

40 CFR Part 268

    Hazardous waste, Reporting and recordkeeping requirements.

    Dated: April 20, 1999.
Timothy Fields, Jr.,
Acting Assistant Administrator.

    For the reasons set forth in the preamble, title 40, chapter I of 
the Code of Federal Regulations is amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

Subpart A--General

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

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and 
6938.

    2. Section 261.2 is amended by revising paragraph (c)(3), in Table 
1 in paragraph (c)(4) by revising the reference ``261.4(a)(15)'' in the 
heading of column 3 to read ``261.4(a)(17)'', and paragraph (e)(1)(iii) 
is revised to read as follows:


Sec. 261.2  Definition of solid waste.

* * * * *
    (c) * * *
    (3) Reclaimed. Materials noted with a ``*'' in column 3 of Table 1 
are solid wastes when reclaimed (except as provided under 40 CFR 
261.4(a)(17)). Materials noted with a ``---'' in column 3 of Table 1 
are not solid wastes when reclaimed (except as provided under 40 CFR 
261.4(a)(17)).
* * * * *
    (e) * * *
    (1) * * *

[[Page 25414]]

    (iii) Returned to the original process from which they are 
generated, without first being reclaimed or land disposed. The material 
must be returned as a substitute for feedstock materials. In cases 
where the original process to which the material is returned is a 
secondary process, the materials must be managed such that there is no 
placement on the land. In cases where the materials are generated and 
reclaimed within the primary mineral processing industry, the 
conditions of the exclusion found at Sec. 261.4(a)(17) apply rather 
than this paragraph.
    3. Section 261.4 is amended by redesignating the first paragraph 
(a)(16) as (a)(17), and by revising paragraphs (a)(17) introductory 
text, (a)(17)(v), and (b)(7)(iii) introductory text and (b)(7)(iii)(A) 
to read as follows:


Sec. 261.4  Exclusions.

    (a) * * *
    (17) Secondary materials (i.e., sludges, by-products, and spent 
materials as defined in Sec. 261.1) (other than hazardous wastes listed 
in subpart D of this part) generated within the primary mineral 
processing industry from which minerals, acids, cyanide, water or other 
values are recovered by mineral processing or by beneficiation, 
provided that:
* * * * *
    (v) The owner or operator provides a notice to the Regional 
Administrator or State Director, identifying the following information: 
the types of materials to be recycled; the type and location of the 
storage units and recycling processes; and the annual quantities 
expected to be placed in non land-based units. This notification must 
be updated when there is a change in the type of materials recycled or 
the location of the recycling process.
* * * * *
    (b) * * *
    (7) * * *
    (iii) A residue derived from co-processing mineral processing 
secondary materials with normal beneficiation raw materials or with 
normal mineral processing raw materials remains excluded under 
paragraph (b) of this section if the owner or operator:
    (A) Processes at least 50 percent by weight normal beneficiation 
raw materials or normal mineral processing raw materials; and,
* * * * *

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

    4. The authority citation for part 262 continues to read as 
follows:

    Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.

Subpart C--Pre-Transport Requirements

    5. Section 262.34 is amended by revising paragraph (d)(4) to read 
as follows:


Sec. 262.34  Accumulation time.

* * * * *
    (d) * * *
    (4) The generator complies with the requirements of paragraphs 
(a)(2) and (a)(3) of this section, the requirements of subpart C of 
part 265, the requirements of 40 CFR 268.7(a)(5); and
* * * * *

PART 268--LAND DISPOSAL RESTRICTIONS

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

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

Subpart A--General

    7. Section 268.2 is amended by revising paragraphs (h) and (k) to 
read as follows:


Sec. 268.2  Definitions applicable in this part.

* * * * *
    (h) Hazardous debris means debris that contains a hazardous waste 
listed in subpart D of part 261 of this chapter, or that exhibits a 
characteristic of hazardous waste identified in subpart C of part 261 
of this chapter. Any deliberate mixing of prohibited hazardous waste 
with debris that changes its treatment classification (i.e., from waste 
to hazardous debris) is not allowed under the dilution prohibition in 
Sec. 268.3.
* * * * *
    (k) Soil means unconsolidated earth material composing the 
superficial geologic strata (material overlying bedrock), consisting of 
clay, silt, sand, or gravel size particles as classified by the U.S. 
Natural Resources Conservation Service, or a mixture of such materials 
with liquids, sludges or solids which is inseparable by simple 
mechanical removal processes and is made up primarily of soil by volume 
based on visual inspection. Any deliberate mixing of prohibited 
hazardous waste with soil that changes its treatment classification 
(i.e., from waste to contaminated soil) is not allowed under the 
dilution prohibition in Sec. 268.3.
    8. Section 268.7 is amended by revising entries 1, 3, and 8 to the 
table entitled ``Generator Paperwork Requirements Table'' in paragraph 
(a)(4), by revising entry 1 to the table entitled ``Treatment Facility 
Paperwork Requirements Table'' in paragraph (b)(3)(ii), and by revising 
paragraph (b)(4)(iv) to read as follows:


Sec. 268.7  Testing, tracking, and recordkeeping requirements for 
generators, treaters, and disposal facilities.

* * * * *
    (a) * * *
    (4) * * *

                                     Generator Paperwork Requirements Table
----------------------------------------------------------------------------------------------------------------
          Required information                  Sec.              Sec.              Sec.              Sec.
---------------------------------------------268.7(a)(2)-------268.7(a)(3)-------268.7(a)(4)-------268.7(a)(9)--
1. EPA Hazardous Waste Numbers and                                                
 Manifest Number of first shipment......
 
           *              *              *              *              *              *              *
3. The waste is subject to the LDRs. The                    
 constituents of concern for F001-F005,
 and F039, and underlying hazardous
 constituents in characteristic wastes,
 unless the waste will be treated and
 monitored for all constituents. If all
 constituents will be treated and
 monitored, there is no need to put them
 all on the LDR notice..................
 

[[Page 25415]]

 
           *              *              *              *              *              *              *
8. For contaminated soil subject to LDRs                    
 as provided in Sec.  268.49(a), the
 constituents subject to treatment as
 described in Sec.  268.49(d), and the
 following statement: This contaminated
 soil [does/does not] contain listed
 hazardous waste and [does/does not]
 exhibit a characteristic of hazardous
 waste and [is subject to/complies with
 the soil treatment standards as
 provided by Sec.  268.49(c) or the
 universal treatment standards..........
9. A certification is needed (see         ................             ................         
 applicable section for exact wording)..
----------------------------------------------------------------------------------------------------------------

* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *

             Treatment Facility Paperwork Requirements Table
------------------------------------------------------------------------
                   Required Information                         Sec.
--------------------------------------------------------------268.7(b)--
1. EPA Hazardous Waste Numbers and Manifest Number of           
 first shipment..........................................
 
*              *              *              *              *
                              *              *
6. A certification is needed (see applicable section for        
 exact wording)..........................................
------------------------------------------------------------------------

* * * * *
    (4) * * *
    (iv) For characteristic wastes that are subject to the treatment 
standards in Sec. 268.40 (other than those expressed as a method of 
treatment), or Sec. 268.49, and that contain underlying hazardous 
constituents as defined in Sec. 268.2(i); if these wastes are treated 
on-site to remove the hazardous characteristic; and are then sent off-
site for treatment of underlying hazardous constituents, the 
certification must state the following:

    I certify under penalty of law that the waste has been treated 
in accordance with the requirements of 40 CFR 268.40 or 268.49 to 
remove the hazardous characteristic. This decharacterized waste 
contains underlying hazardous constituents that require further 
treatment to meet treatment standards. I am aware that there are 
significant penalties for submitting a false certification, 
including the possibility of fine and imprisonment.
* * * * *
    9. Section 268.9 is amended by revising paragraphs (d)(2) 
introductory text and (d)(2)(i) to read as follows:


Sec. 268.9  Special rules regarding wastes that exhibit a 
characteristic.

* * * * *
    (d) * * *
    (2) The certification must be signed by an authorized 
representative and must state the language found in Sec. 268.7(b)(4).
    (i) If treatment removes the characteristic but does not meet 
standards applicable to underlying hazardous constituents, then the 
certification found in Sec. 268.7(b)(4)(iv) applies.
* * * * *
    10. Section 268.40 is amended by redesignating the first paragraph 
(i) as paragraph (j), by revising paragraph (i), and the table at the 
end of the section is amended by revising the entries for K088, K156, 
K159, P194, U404 and U408, and footnotes 8 and 11 to read as follows:


Sec. 268.40  Applicability of treatment standards.

* * * * *
    (i) Zinc micronutrient fertilizers that are produced for the 
general public's use and that are produced from or contain recycled 
characteristic hazardous wastes (D004-D011) are subject to the 
applicable treatment standards in Sec. 268.41 contained in the 40 CFR, 
parts 260 to 299, edition revised as of July 1, 1990.
* * * * *

                                                        Treatment Standards for Hazardous Wastes
                                                            [Note: NA means not applicable.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Regulated hazardous constituent         Wastewaters              Nonwastewaters
                                      Waste description and --------------------------------------------------------------------------------------------
             Waste code               treatment/regulatory                                           Concentration in    Concentration in mg/kg 5 unless
                                          subcategory 1           Common name          CAS 2 No.        mg/l 3; or         noted as ``mg/l TCLP''; or
                                                                                                     technology code 4           technology code
--------------------------------------------------------------------------------------------------------------------------------------------------------
K088...............................  Spent potliners from    Acenaphthene.........         83-32-9              0.059   3.4
                                      primary aluminum
                                      reduction.
                                       ....................  Anthracene...........        120-12-7              0.059   3.4
                                       ....................  Benz(a)anthracene....         56-55-3              0.059   3.4
                                       ....................  Benzo(a)pyrene.......         50-32-8              0.061   3.4
                                       ....................  Benzo(b)fluoranthene.        205-99-2              0.11    6.8
                                       ....................  Benzo(k)fluoranthene.        207-08-9              0.11    6.8
                                       ....................  Benzo(g,h,i)perylene.        191-24-2              0.0055  1.8
                                       ....................  Chrysene.............        218-01-9              0.059   3.4
                                       ....................  Dibenz(a,h)anthracene         53-70-3              0.055   8.2
                                       ....................  Fluoranthene.........        206-44-0              0.068   3.4

[[Page 25416]]

 
                                       ....................  Indeno(1,2,3,-               193-39-5              0.0055  3.4
                                                              c,d)pyrene.
                                       ....................  Phenanthrene.........         85-01-8              0.059   5.6
                                       ....................  Pyrene...............        129-00-0              0.067   8.2
                                       ....................  Antimony.............       7440-36-0              1.9     1.15 mg/l TCLP
                                       ....................  Arsenic..............       7440-38-2              1.4     26.1 mg/l TCLP
                                       ....................  Barium...............       7440-39-3              1.2     21 mg/l TCLP
                                       ....................  Beryllium............       7440-41-7              0.82    1.22 mg/l TCLP
                                       ....................  Cadmium..............       7440-43-9              0.69    0.11 mg/l TCLP
                                       ....................  Chromium (Total).....       7440-47-3              2.77    0.60 mg/l TCLP
                                       ....................  Lead.................       7439-92-1              0.69    0.75 mg/l TCLP
                                       ....................  Mercury..............       7439-97-6              0.15    0.025 mg/l TCLP
                                       ....................  Nickel...............       7440-02-0              3.98    11 mg/l TCLP
                                       ....................  Selenium.............       7782-49-2              0.82    5.7 mg/l TCLP
                                       ....................  Silver...............       7440-22-4              0.43    0.14 mg/l TCLP
                                       ....................  Cyanide (Total) 7....         57-12-5              1.2     590
                                       ....................  Cyanide (Amenable) 7.         57-12-5              0.86    30
                                       ....................  Fluoride.............      16984-48-8             35       NA
 
                *                   *                   *                   *                   *                   *                   *
K156...............................  Organic waste           Acetonitrile.........         75-05-8              5.6     1.8
                                      (including heavy
                                      ends, still bottoms,
                                      light ends, spent
                                      solvents, filtrates,
                                      and decantates) from
                                      the production of
                                      carbamates and
                                      carbamoyl oximes.10.
                                       ....................  Acetophenone.........         98-86-2              0.010   9.7
                                       ....................  Aniline..............         62-53-3              0.81    14
                                       ....................  Benomyl..............      17804-35-2              0.056   1.4
                                       ....................  Benzene..............         71-43-2              0.14    10
                                       ....................  Carbaryl.............         63-25-2              0.006   0.14
                                       ....................  Carbenzadim..........      10605-21-7              0.056   1.4
                                       ....................  Carbofuran...........       1563-66-2              0.006   0.14
                                       ....................  Carbosulfan..........      55285-14-8              0.028   1.4
                                       ....................  Chlorobenzene........        108-90-7              0.057   6.0
                                       ....................  Chloroform...........         67-66-3              0.046   6.0
                                       ....................  o-Dichlorobenzene....         95-50-1              0.088   6.0
                                       ....................  Methomyl.............      16752-77-5              0.028   0.14
                                       ....................  Methylene chloride...         75-09-2              0.089   30
                                       ....................  Methyl ethyl ketone..         78-93-3              0.28    36
                                       ....................  Naphthalene..........         91-20-3              0.059   5.6
                                       ....................  Phenol...............        108-95-2              0.039   6.2
                                       ....................  Pyridine.............        110-86-1              0.014   16
                                       ....................  Toluene..............        108-88-3              0.080   10
                                       ....................  Triethylamine........        121-44-8              0.081   1.5
 
                *                   *                   *                   *                   *                   *                   *
K159...............................  Organics from the       Benzene..............         71-43-2              0.14    10
                                      treatment of
                                      thiocarbamate
                                      wastes.10.
                                       ....................  Butylate.............       2008-41-5              0.042   1.4
                                       ....................  EPTC (Eptam).........        759-94-4              0.042   1.4
                                       ....................  Molinate.............       2212-67-1              0.042   1.4
                                       ....................  Pebulate.............       1114-71-2              0.042   1.4
                                       ....................  Vernolate............       1929-77-7              0.042   1.4
 
                *                   *                   *                   *                   *                   *                   *
P194...............................  Oxamyl................  Oxamyl...............      23135-22-0              0.056   0.28
 
                *                   *                   *                   *                   *                   *                   *
U404...............................  Triethylamine.........  Triethylamine........        121-44-8              0.081   1.5
 
                *                   *                   *                   *                   *                   *                   *
U408...............................  2,4,6-Tribromophenol..  2,4,6-Tribromophenol.        118-79-6              0.035   7.4
 

[[Page 25417]]

 
                *                   *                   *                   *                   *                   *                   *
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 The waste descriptions provided in this table do not replace waste descriptions in 40 CFR 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 its salts
  and/or esters, the CAS number is 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 Part 265 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 a
  distillation time of one hour and 15 minutes.
*                 *                 *                 *                 *                 *                 *
8 These wastes, when rendered nonhazardous and then subsequently managed in CWA, or CWA-equivalent systems, are not subject to treatment standards. (See
  Sec.  268.1(c)(3) and (4)).
*                 *                 *                 *                 *                 *                 *
10 The treatment standard for this waste may be satisfied by either meeting the constituent concentrations in this table or by treating the waste by the
  specified technologies: combustion, as defined by the technology code CMBST at Sec.  268.42 Table 1 of this Part, for nonwastewaters; and,
  biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by
  the technology code CHOXD, or combustion as defined as technology code CMBST at Sec.  268.42 Table 1 of this Part, for wastewaters.
11 For these wastes, the definition of CMBST is limited to: (1) combustion units operating under 40 CFR 266, (2) combustion units permitted under 40 CFR
  Part 264, Subpart O, or (3) combustion units operating under 40 CFR 265, Subpart O, which have obtained a determination of equivalent treatment under
  268.42 (b).

    11. In Sec. 268.48, the table in paragraph (a) is amended by adding 
footnote number ``6'' in column one, under the heading Regulated 
Constituents/Common Name, after the following chemical names: 
``Aldicarb sulfone,'' ``Barban,'' ``Bendiocarb,'' ``Benomyl,'' 
``Butylate,'' ``Carbaryl,'' ``Carbenzadim,'' ``Carbofuran,'' 
``Carbofuran phenol,'' ``Carbosulfan,'' ``m-Cumenyl methylcarbamate,'' 
``Dithiocarbamates (total),'' ``EPTC,'' ``Formetanate hydrochloride,'' 
``Methiocarb,'' ``Methomyl,'' ``Metolcarb,'' ``Mexacarbate,'' 
``Molinate,'' ``Oxamyl,'' ``Pebulate,'' ``Physostigmine,'' 
``Physostigmine salicylate,'' ``Promecarb,'' ``Propham,'' ``Propoxur,'' 
``Prosulfocarb,'' ``Thiodicarb,'' ``Thiophanate-methyl,'' 
``Triallate,'' ``Triethylamine,'' and ``Vernolate;'' and by adding 
footnote 6 to read as follows:


Sec. 268.48   Universal treatment standards.

    (a) * * *
    6. Between August 26, 1998 and March 4, 1999, these constituents 
are not ``underlying hazardous constituents'' as defined in 
Sec. 268.2(i) of this part.
    12. Section 268.49 is amended by revising paragraph (c)(3) as 
follows:


Sec. 268.49   Alternative LDR treatment standards for contaminated 
soil.

* * * * *
    (c) * * *
    (3) Soils that contain nonanalyzable constituents. In addition to 
the treatment requirements of paragraphs (c)(1) and (2) of this 
section, prior to land disposal, the following treatment is required 
for soils that contain nonanalyzable constituents:
    (A) For soil that contains only analyzable and nonanalyzable 
organic constituents, treatment of the analyzable organic constituents 
to the levels specified in paragraphs (c)(1) and (2) of this section; 
or,
    (B) For soil that contains only nonanalyzable constituents, 
treatment by the method(s) specified in Sec. 268.42 for the waste 
contained in the soil.

[FR Doc. 99-11271 Filed 5-10-99; 8:45 am]
BILLING CODE 6560-50-P