[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Proposed Rules]
[Pages 66252-66301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26441]



[[Page 66251]]

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Part III





Environmental Protection Agency





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40 CFR Parts 63, 258, et al.



Waste Management System; Testing and Monitoring Activities; Proposed 
Rule: Methods Innovation Rule; Proposed Rule

  Federal Register / Vol. 67, No. 210 / Wednesday, October 30, 2002 / 
Proposed Rules  

[[Page 66252]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 63, 258, 260, 261, 264, 265, 266, 270, 271, and 279

[FRL-7394-6]
RIN 2050-AE41


Waste Management System; Testing and Monitoring Activities; 
Proposed Rule: Methods Innovation Rule

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of availability.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) proposes 
to amend a variety of testing and monitoring requirements throughout 
the Resource Conservation and Recovery Act (RCRA) regulations. We are 
proposing to allow more flexibility when conducting RCRA-related 
sampling and analysis, by removing unnecessary required uses of methods 
found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' also known as ``SW-846,'' and only retaining the requirement 
to use SW-846 methods when the method is the only one capable of 
measuring a particular property (i.e., it is used to measure a required 
method-defined parameter). This is an important step towards a 
performance-based measurement system (PBMS), as part of the Agency's 
efforts towards Innovating for Better Environmental Results. 
Additionally, we are proposing to: withdraw the reactivity method 
guidelines from SW-846 Chapter Seven; amend the ignitability and 
corrosivity hazardous waste characteristic regulations by clarifying 
the use of certain methods; incorporate by reference Update IIIB to SW-
846; add Method 25A for analyses conducted in support of certain RCRA 
air emission standards; and remove a confidence limit requirement for 
certain feedstream analyses conducted under the National Emission 
Standards for Hazardous Air Pollutants (NESHAP). In addition, the 
Agency is announcing the availability of a new guidance document for 
public comment entitled ``RCRA Waste Sampling Draft Technical 
Guidance.'' By making this document available for review and comment, 
it is our intention to provide draft guidance on waste sampling that 
would be beneficial to the public. These changes should make it easier 
and more cost effective to comply with affected regulations, without 
compromising human health or environmental protection.

DATES: Send your comments to reach us on or before December 30, 2002.

ADDRESSES: Comments may be submitted electronically, by mail, by 
facsimile, or through hand delivery/courier. Send an original and two 
copies of your comments to: OSWER Docket, Environmental Protection 
Agency, Mailcode: 5305-G, 1200 Pennsylvania Avenue, NW, Washington, DC 
20460, Attention Docket ID No. RCRA-2002-0025. Follow the detailed 
instructions as provided in section I.B.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline at (800) 424-9346 (toll free) or call (703) 412-9810; or, 
for hearing impaired, call TDD (800) 553-7672 or TDD (703) 412-3323. 
For more information on specific aspects of this rulemaking, contact 
Kim Kirkland, Office of Solid Waste (5307W), U.S. Environmental 
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW, 
Washington, DC 20460-0002, (703) 308-8855, e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of this Document and Other Related Information?

i. Docket
    EPA has established an official public docket for this action under 
Docket ID No. RCRA-2002-0025. The official public docket consists of 
the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the OSWER Docket, EPA West Building, Room B102, 1301 Constitution 
Avenue, NW, Washington DC, 20004. This Docket Facility is open from 9 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
Docket telephone number is (202) 566-1744. To view docket materials, 
you should call in advance and make an appointment. You may copy a 
maximum of 100 pages from any regulatory docket at no charge (unless 
the documents require copyright permission). Additional copies cost 
$0.15 per page.
ii. Electronic Access
    You may access this Federal Register document electronically 
through the EPA Internet under the Federal Register listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number. You may also 
view and download docket information from the Internet at: http://www.epa.gov/SW-846.
    Certain types of information will not be placed in the EPA public 
dockets. Information claimed as CBI and other information whose 
disclosure is restricted by statute, which is not included in the 
official public docket, will not be available for public viewing in 
EPA's electronic public docket. CBI materials will be placed in a 
separate CBI docket that is not available to the public. Redacted 
versions of documents containing CBI will be placed in the public 
dockets. In addition, EPA's policy is that copyrighted material will 
not be placed in EPA's electronic public docket but will be available 
only in printed, paper form in the official public docket. To the 
extent feasible, publicly available docket materials will be made 
available in EPA's electronic public docket. When a document is 
selected from the index list in EPA Dockets, the system will identify 
whether the document is available for viewing in EPA's electronic 
public docket. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility identified in section I.A. 
EPA intends to work towards providing electronic access to all of the 
publicly available docket materials through EPA's electronic public 
docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the

[[Page 66253]]

copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments, but will make every effort to 
do so if time and resources permit. If you wish to submit CBI or 
information that is otherwise protected by statute, please follow the 
instructions in section I.C. Do not use EPA Dockets or e-mail to submit 
CBI or information protected by statute.
i. Electronically
    If you submit an electronic comment as prescribed below, EPA 
recommends that you include your name, mailing address, and an e-mail 
address or other contact information in the body of your comment. Also 
include this contact information on the outside of any disk or CD ROM 
you submit, and in any cover letter accompanying the disk or CD ROM. 
This ensures that you can be identified as the submitter of the comment 
and allows EPA to contact you in case EPA cannot read your comment due 
to technical difficulties or needs further information on the substance 
of your comment. EPA's policy is that EPA will not edit your comment, 
and any identifying or contact information provided in the body of a 
comment will be included as part of the comment that is placed in the 
official public docket, and made available in EPA's electronic public 
docket. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment.

1. EPA Docket

    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the 
online instructions for submitting comments. To access EPA's electronic 
public docket from the EPA Internet Home Page, select ``Information 
Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select 
``search,'' and then key in Docket ID No. RCRA-2002-0025. The system is 
an ``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.

2. E-mail

    Comments may be sent by electronic mail (e-mail) to [email protected], Attention Docket ID No. RCRA-2002-0025. In 
contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
to the Docket without going through EPA's electronic public docket, 
EPA's e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.

3. Disk or CD ROM

    You may submit comments on a disk or CD ROM that you mail to the 
mailing address identified in section I.B.2. These electronic 
submissions will be accepted in WordPerfect or ASCII file format. Avoid 
the use of special characters and any form of encryption.
ii. By Mail
    Send an original and two copies of your comments to: OSWER Docket, 
Environmental Protection Agency, Mailcode: 5305-G, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, Attention Docket ID No. RCRA-2002-
0025.
iii. By Hand Delivery or Courier
    Deliver your comments to: OSWER Docket, EPA West Building, Room 
B102, 1301 Constitution Avenue, NW., Washington, DC 20004, Attention 
Docket ID No. RCRA-2002-0025. Such deliveries are only accepted during 
the Docket's normal hours of operation as identified in section I.A.1.
iv. By Facsimile
    Fax your comments to (703) 603-9234, Attention Docket ID No. RCRA-
2002-0025.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
Send or deliver information identified as CBI only to the following 
address: RCRA CBI Document Control Officer, Office of Solid Waste, 
Environmental Protection Agency, Mailcode 5305-W, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, Attention Docket ID No. RCRA-2002-
0025. You may claim information that you submit to EPA as CBI by 
marking any part or all of that information as CBI (if you submit CBI 
on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and 
then identify electronically within the disk or CD ROM the specific 
information that is CBI). Information so marked will not be disclosed 
except in accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

D. How Do I Obtain Copies of SW-846?

    Proposed Update IIIB and the Third Edition of SW-846, as amended by 
Final Updates I, II, IIA, IIB, III, and IIIA will be available in pdf 
format on the Internet at http://www.epa.gov/SW-846. A paper copy of 
Proposed Update IIIB is also located in the docket for this proposal 
(see Addresses above). Table 1 below provides sources for both paper 
and electronic copies of the Third Edition of SW-846 and all of its 
updates.

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      Table 1.--Sources for SW-846, Third Edition, and Its Updates
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              Source                    Available portions of SW-846
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Superintendent of Documents, U.S.   --Paper copies of the SW-846, Third
 Government Printing Office (GPO),   Edition, basic manual and of
 Washington, DC 20402, (202) 512-    certain updates, including Final
 1800.                               Updates I, II, IIA, IIB, III; Draft
                                     Update IVA; and Proposed Update
                                     IIIB. Subscriber must integrate the
                                     updates.
National Technical Information      --Paper copy of an integrated
 Service (NTIS), 5285 Port Royal     version of SW-846, Third Edition,
 Road, Springfield, VA 22161,        as amended by Final Updates I, II,
 (703) 605-6000 or (800) 553-6847.   IIA, IIB, and III.
                                    --Individual paper copies of the SW-
                                     846, Third Edition, basic manual
                                     and of certain updates, including
                                     Final Updates I, II, IIA, IIB, III,
                                     IIIA; Draft Updates IVA and IVB;
                                     and Proposed Update IIIB.
                                    --CD-ROM of integrated version of SW-
                                     846, Third Edition, as amended by
                                     Final Updates I, II, IIA, IIB, and
                                     III (pdf and WordPerfect electronic
                                     copies).
                                    --CD-ROM of Draft Update IVA (pdf
                                     and WordPerfect electronic copies).
Internet http://www.epa.gov/SW-846  --Integrated version of SW-846,
                                     Third Edition, as amended by Final
                                     Updates I, II, IIA, IIB, III, and
                                     IIIA (pdf electronic copy).
                                    --Proposed Update IIIB (pdf
                                     electronic copy).
                                    --Draft Updates IVA and IVB (pdf
                                     electronic copy).
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E. What Is the Legal Authority for This Action?

    We will promulgate the part 258, 260, 261, 264-266, 270, 271, and 
279 regulations under the authority of sections 1006, 2002(a), 3001-
3007, 3010, 3013-3018, and 7004 of the Solid Waste Disposal Act, as 
amended by the Resource Conservation and Recovery Act of 1976 (commonly 
known as RCRA), as amended; and sections 101(37) and 114 of the 
Comprehensive Emergency Response and Compensation and Liability Act of 
1980 (commonly known as CERCLA), as amended. We will promulgate the 
part 63 regulation under the authority of sections 112 and 114 of the 
Clean Air Act.

F. What Should I Consider as I Prepare My Comments for EPA?

    In developing this proposal, we tried to address the concerns of 
all our stakeholders. Your comments will help us improve this rule. We 
invite you to provide different views on options we propose, new 
approaches we have not considered, new data, how this rule may effect 
you, or other relevant information. We welcome your views on all 
aspects of this proposed rule, but we request comments in particular on 
comment topics or questions identified within the preamble. Please note 
however that we are only proposing revisions to small portions of the 
various RCRA Program regulations and that this proposal does not re-
open other parts of those regulations to public comment or judicial 
review.
    Your comments will be most effective if you follow the suggestions 
below:
    [sbull] Explain your views as clearly as possible.
    [sbull] Provide documented technical information and/or cost data 
to support your views.
    [sbull] If you estimate potential burden or costs, explain how you 
arrived at the estimate.
    [sbull] Tell us which parts you support, as well as those with 
which you disagree.
    sbull; Provide specific examples to illustrate your concerns.
    [sbull] Offer specific alternatives.
    [sbull] Refer your comments to specific sections of the proposal, 
such as the units or page numbers of the preamble, or the regulatory 
sections.
    [sbull] Make sure to submit your comments by the deadline in this 
proposal.
    [sbull] Be sure to identify the appropriate docket number in the 
subject line on the first page of your comment. It would also be 
helpful if you provided the name, date, and Federal Register citation 
related to your comments.
    We will respond to both written and electronic comments in a 
document in the Federal Register or in a response to comments document 
placed in the official record for this rulemaking. Please note that, if 
you send electronic comments, we will not reply electronically unless 
to obtain clarification of text that may be garbled in transmission or 
during conversion to paper form.

G. How Is The Rest of this Preamble Organized?

    We list below the order of the major preamble sections which 
explain our proposed action.

II. Summary of Today's Proposed Rule and Covered Entities
III. Background and Purpose of Proposed Action to Reform RCRA-
Related Testing and Monitoring
    A. How to Determine if a Method Is Appropriate
    B. Why We Selected the Proposed Approach Over Other Approaches
    C. Potential Impacts from Removal of Required uses of SW-846 
Analyses
IV. Proposed Regulatory Revisions Involving Removal of SW-846 
Requirements
    A. Removal of Requirements to Use Only SW-846 in Sec.  
260.22(d)(1)(i) and Appendix IX to Part 261
    B. Removal of Requirements to Use Only SW-846 Method 8290 in 
Sec.  261.35(b)(2)(iii)(A) and (B)
    C. Removal of Requirement to Use Only SW-846 in Sec.  
261.38(c)(7)
    D. Removal of Requirements to Use Only SW-846 Method 8260 in 
Sec. Sec.  264.1034(d)(1)(iii), 264.1063(d)(2), 265.1034(d)(1)(iii), 
and 265.1063(d)(2)
    E. Removal of Requirements to Use Only SW-846 Methods 8260 and 
8270 and Revisions to Listing of Method Options in Sec.  
265.1084(a)(3)(iii) and (b)(3)(iii); and Revisions to Sec.  
265.1084(a)(3)(ii)(C), (b)(3)(ii)(C), and (c)(3)(i)
    F. Removal of Requirements to Use Only SW-846 in Sec. Sec.  
266.100(d)(1)(ii) and (g)(2), and 266.102(b)(1)
    G. Removal of Requirement to Use Only SW-846 in Sec.  266.106(a)
    H. Removal of Requirements to Use Only SW-846 in Sec.  
266.112(b)(1) and (b)(2)(i)
    I. Removal of Requirements to Use Only SW-846 in Sections 1.0, 
3.0, 10.3, and 10.6 of Appendix IX to Part 266
    J. Removal of Requirements to Use Only SW-846 Methods in 
Sec. Sec.  270.19(c)(1)(iii) and (iv); 270.22(a)(2)(ii)(B); 
270.62(b)(2)(i)(C) and (D); and 270.66(c)(2)(i) and (ii)
    K. Removal of SW-846 Methods from Incorporation by Reference in 
Sec.  260.11(a)(11)
V. Proposed Editorial Corrections to SW-846 References in the RCRA 
Testing and Monitoring Regulations
VI. Proposed Action to Withdraw Reactivity Interim Guidance from SW-
846 Chapter Seven and Remove Required SW-846 Reactivity Analyses and 
Threshold Levels from Conditional Delistings
VII. Proposed Clarifications to Corrosivity and Ignitability 
Hazardous Waste Characteristics
    A. Revision to Sec.  261.22(a)(2) to Clarify That SW-846 Method 
1110 Is the SW-846 Standardized Version of the NACE Standard 
Specified for Corrosivity Characteristic Testing

[[Page 66255]]

    B. Revisions to Sec.  261.21(a)(1) to Update References to ASTM 
Standards, to Clarify That SW-846 Methods 1010 and 1020 Reference 
and Use The ASTM Standards Specified for Ignitability Characteristic 
Testing, and to Remove an Unnecessary Referral to Method Equivalency 
Petitions; and Revisions to Sec.  260.11(a)(1) and (2) to Include 
the Updated References
VIII. Availability of Proposed Update IIIB and Invitation for Public 
Comment on the Update
IX. Proposed Addition of Method 25A to Sec. Sec.  264.1034(c)(1)(ii) 
and (iv) and 265.1034(c)(1)(ii) and (iv)
X. Proposed Removal of Requirements from Sec.  63.1208(b)(8)(i) and 
(ii) in the NESHAP Standards to Demonstrate Feedstream Analytes Are 
Not Present at Certain Levels
XI. Announcing the Availability of RCRA Waste Sampling Draft 
Technical Guidance
    A. Why Is the Agency Releasing this Guidance?
    B. What is Included in the Draft Guidance?
    C. Will this Guidance Replace the Existing Chapter Nine of SW-
846?
    D. Can the Draft Technical Guidance Be Used Now?
    E. When Will the Guidance Be Finalized?
    F. Request for Comment
XII. State Authorization Procedures
    A. Applicability of Federal Rules in Authorized States
    B. Authorization of States for Today's Proposal
    C. Abbreviated Authorization Procedures
XIII. Administrative Requirements
    A. Executive Order 12866
    B. Unfunded Mandates Reform Act
    C. Regulatory Flexibility Act (RFA) as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et. seq
    D. Environmental Justice (Executive Order 12898)
    E. Protection of Children from Environmental Risks and Safety 
Risks (Executive Order 13045)
    F. Consultation and Coordination With Indian Tribal Governments 
(Executive Order 13175)
    G. Federalism (Executive Order 13132)
    H. National Technology Transfer and Advancement Act of 1995
    I. Energy Effects (Executive Order 13211)
    J. Paperwork Reduction Act

II. Summary of Today's Proposed Rule and Covered Entities

    We, the Environmental Protection Agency (EPA or Agency), propose to 
amend our hazardous and nonhazardous solid waste regulations for 
testing and monitoring activities under the Resource Conservation and 
Recovery Act (RCRA), and to amend a testing requirement in the National 
Emission Standards for Hazardous Air Pollutants (NESHAP) from hazardous 
waste combustors. These changes should make it easier and more cost 
effective for regulated entities to comply with the respective RCRA and 
NESHAP regulations. Specifically we are proposing to:
    1. Reform RCRA-related testing and monitoring by restricting 
requirements to use SW-846 to only those situations where the method is 
the only one capable of measuring the property (i.e., it is used to 
measure a required method-defined parameter). This will allow more 
flexibility in RCRA-related sampling and analysis by removing 
unnecessary required uses of SW-846.
    2. Withdraw the cyanide and sulfide reactivity guidance from 
sections 7.3.3 and 7.3.4 of SW-846 Chapter Seven and withdraw required 
uses of reactive cyanide and sulfide methods and threshold levels from 
conditional delistings.
    3. Amend the regulations for the ignitability and corrosivity 
hazardous waste characteristics by clarifying the use of certain 
methods. As part of this, we are clarifying in Sec.  261.22(a)(2) that 
SW-846 Method 1110, ``Corrosivity Toward Steel,'' is the standardized 
SW-846 method to determine the characteristic of corrosivity toward 
steel. We also propose to incorporate by reference revisions of the 
ASTM methods used for the determination of flash point under the 
characteristic of ignitability. Specifically, we propose to replace 
references to ASTM Methods D 3278-78 and D 93-79 or D 93-80 in Sec.  
261.21(a)(1) with more current versions of the methods, to be 
referenced as ASTM Methods D 3278-96 and D 93-99c.
    4. Incorporate by reference Update IIIB to SW-846, which includes 
four revised chapters, including the revised Chapter Seven, and eleven 
revised methods, including method revisions to remove unnecessary 
required uses of SW-846 Chapter Nine, ``Sampling Plan,'' and to update 
references to the aforementioned ASTM methods.
    5. Add Method 25A as an analytical option to analyses conducted in 
support of air emission standards for process vents and/or equipment 
leaks at treatment, storage, and disposal facilities.
    6. Remove a requirement to demonstrate that feedstream analytes are 
not present at levels above the 80% upper confidence limit above the 
mean for sources subject to NESHAP: Final Standards for Hazardous Waste 
Combustors.
    This rule does not propose to add any additional requirements to 
the regulations. Instead, this rule removes certain existing 
requirements to use SW-846, and it clarifies what the Agency considers 
to be other appropriate methods. Our goal is to make it easier and more 
cost effective to comply with the RCRA regulations by allowing more 
flexibility in method selection and use. If you prefer, you can still 
use the SW-846 methods referenced in the regulations to demonstrate 
compliance.
    As noted earlier in this preamble, we are only proposing revisions 
to small portions of the various RCRA Program regulations and this 
proposal does not re-open other parts of those regulations to public 
comment or judicial review.
    You may be covered by this action if you conduct waste sampling and 
analysis for RCRA- or NESHAP-related activities. Covered entities 
include anyone that generates, treats, stores, or disposes of hazardous 
or nonhazardous solid waste and are subject to RCRA subtitle C or D 
sampling and analysis requirements; and entities subject to NESHAP 
final standards for hazardous waste combustors (40 CFR part 63, subpart 
EEE). All types of industries, governments, and organizations may have 
entities that generate or manage RCRA-regulated solid wastes and may be 
subject to RCRA-related sampling and analysis requirements.
    To determine whether your facility, company, business organization, 
etc., is covered by this action, you should carefully examine the 
applicability criteria in part 63 and in parts 258 through 299 of the 
Code of Federal Regulations. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

III. Background and Purpose of Proposed Action to Reform RCAA-Related 
Testing and Monitoring

    Currently, either our hazardous and nonhazardous solid waste 
regulations for testing and monitoring activities (sampling and 
analysis) under RCRA or the permits or waste analysis plans of 
facilities regulated by RCRA specify the analytes of concern to be 
determined in a matrix of concern at a particular regulatory level of 
concern. Additionally, some recently promulgated regulations specify 
the confidence level of concern. Most RCRA regulations leave the how 
(i.e., which test method to use) up to you, a member of the regulated 
community. However, some RCRA regulations require the use of methods 
from the EPA publication ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' also known as ``SW-846.''
    We initially issued SW-846 in 1980 soon after the first RCRA 
regulations were published. At that time, we intended that SW-846 serve 
two roles.

[[Page 66256]]

First, we intended that it serve as a guidance manual of generally 
appropriate and reliable analytical methods for RCRA-related testing 
and monitoring. Second, we intended that it serve as a readily-
available source of those few analytical methods which were first 
required for complying with the RCRA regulations. Over the years, we 
published regulations that required the use of SW-846 methods in 
general. Subsequently, members of the regulated public made it clear to 
EPA that they would like the opportunity to use other reliable methods 
in compliance with RCRA, and EPA also decided that some of the SW-846 
requirements were not necessary.
    The requirement to use SW-846 in general (e.g., the delisting 
regulations at Sec.  260.22) does not identify specific SW-846 methods. 
These requirements typically include the analyses of many different 
analytes which can be determined by many different methods. Almost 
every update to SW-846 includes at least one method that may be 
applicable to the requirements. Therefore, whenever we update SW-846, 
we must incorporate by reference the new and revised methods into the 
RCRA regulations as part of a rulemaking. We have to issue the updates 
as a proposed rule, request public comment, and then promulgate the 
update in a final rule. This lengthy process delays the timely use of 
new analytical technologies.
    Also, in order to use a method different from any required SW-846 
method, members of the regulated community have to develop and submit 
an equivalency petition, pursuant to Sec.  260.21. This petition 
process discourages the timely use of new and innovative methods, and 
is very rarely used by the public, perhaps because it is time-
consuming. When the proposed changes of this rule are implemented, it 
will not be necessary to submit an equivalency petition in order to use 
a non-SW-846 method for most sampling and analysis scenarios.
    On May 8, 1998 in the Federal Register (63 FR 25430), we first 
announced our intent to remove the unnecessary required uses of SW-846 
methods from the RCRA regulations. At that time, we described our 
reasons for wanting to remove those required uses from the regulations, 
including our desire to allow more flexibility in method selection and 
fully implement a performance-based measurement system (PBMS) in the 
RCRA Program. We also requested public comment on our plan. The public 
comments were largely favorable, and we therefore decided to proceed 
with publication of this proposed rule. You may find summaries of the 
relevant May 8, 1998 Federal Register public comments and our responses 
to those comments in the docket to this proposed rule, docket number 
RCRA-2002-0025, at the location listed above under ADDRESSES.
    Therefore, we propose to restrict the requirement to use a specific 
SW-846 method to only those situations where its particular procedure 
is the only one that is capable of measuring the property (i.e., a 
method-defined parameter). For example, to determine compliance with 
the toxicity characteristic (TC), waste generators must test their 
waste using SW-846 Method 1311, ``The Toxicity Characteristic Leaching 
Procedure,'' the TCLP, to determine whether the waste leaching 
potential is greater than the TC levels specified in Sec.  261.24. The 
TCLP was developed as a means of simulating the leaching potential of 
waste material placed in a specific environment. It was the test used 
to develop the particular regulatory thresholds. No other test is known 
to yield the same leachate concentrations as Method 1311, the TCLP, and 
therefore we describe the results obtained from Method 1311 as a 
required ``method-defined parameter.''
    Examples of other SW-846 methods that will remain required for 
method-defined parameters (MDPs) include Method 9040, ``pH 
Electrometric Measurement,'' to demonstrate whether a waste exhibits 
the corrosivity characteristic based on pH levels, and Method 9095, 
``Paint Filter Liquids Test,'' to demonstrate the absence or presence 
of free liquids in wastes managed in RCRA-regulated treatment, storage, 
and disposal facilities.
    You cannot replace or modify a method if the method is for 
determination of a RCRA-required method-defined parameter (MDP). 
However, other MDP methods exist which are not required by the RCRA 
regulations. It may be possible to modify those methods without adverse 
regulatory or analytical effects.
    To summarize, our reasons for restricting required uses of SW-846 
to regulated MDPs include:
    1. Allowing the regulated community more flexibility in method use 
during RCRA-required testing.
    2. Stimulating the development and timely use of innovative and 
more cost-effective monitoring technologies and approaches in the RCRA 
Program.
    3. Allowing more efficient and timely releases of SW-846 methods by 
decoupling most of the methods from required uses on the RCRA 
regulations.
    4. Making the RCRA Program more effective by focusing on 
measurement objectives rather than on measurement technologies.

A. How To Determine If A Method Is Appropriate

    Our proposed revisions to remove required uses of SW-846 methods 
include language allowing the use of ``appropriate methods such as 
those found in SW-846 or other reliable sources.'' Such a method might 
be one published by EPA in a different manual or regulation or 
published by another government agency, a voluntary standards setting 
organization, or other well-known sources. We retained mention of the 
SW-846 methods in the regulations as guidance and examples of methods 
that could be appropriate.
    There are two primary considerations in selecting an appropriate 
method, as addressed below.
i. Appropriate Methods Are Reliable and Accepted as Such in the 
Scientific Community
    Methods published by the Agency or other government entities use 
techniques that have documented reliability and are generally accepted 
by the scientific community. SW-846 methods are reviewed by a technical 
workgroup composed of national expert-level chemists who provide peer 
input and determine whether method reliability is sufficiently 
documented. The technical reliability and acceptance of methods 
published by other governmental or non-governmental organizations may 
also be documented, especially if the methods are subjected to some 
form of objective scientific review.
ii. Appropriate Methods Generate Effective Data
    Effective data are data of sufficiently known and appropriate 
quality to be used during project-specific decisions. An example of 
such a decision is whether a particular waste is hazardous because a 
constituent of concern is present above a level of concern. Before 
sampling and analysis begins, project planners should identify why the 
analysis is being done, how the data will be used, and how ``good'' the 
data has to be (e.g., the DQOs). Effective data meet any data quality 
objectives (DQOs) set by the project planners for the specific project. 
These objectives (further described below) should be rationally and 
systematically identified during the planning of the project and 
development of the project-specific Quality Assurance Project Plan 
(QAPP), Waste Analysis Plan (WAP), or Sampling and Analysis Plan (SAP). 
Sampling and analysis documentation

[[Page 66257]]

should be sufficient to confirm that the data are effective.
    Data quality objectives or DQOs generally refer to the necessary 
quality of the overall decision to be made or, in other words, the 
tolerable error (i.e., acceptable level of uncertainty for the 
decision). For example, a DQO for waste analysis may be that one must 
demonstrate that an analyte is not present above the reported level at 
the 80 percent upper confidence around the mean, and that the method 
could have detected the presence of the analyte at that level and 
confidence limit. A DQO may be specified in a regulation, a permit, a 
corrective action agreement, or other regulatory or enforcement 
document. Sometimes you must consider a DQO regulatory specification 
when selecting an appropriate method. For example, the RCRA comparable 
fuels' provisions include DQOs in lieu of naming the use of specific 
methods (see 63 FR 33781, June 19, 1998). You can find guidance on the 
development of DQOs in EPA's ``Guidance for the Data Quality Objectives 
Process'' (EPA QA/G-4) found at EPA's Quality Staff's Web site (http://www.epa.gov/quality/), in Chapter One, ``Quality Control,'' of SW-846, 
and in ASTM D 5792, ``Standard Practice for Generation of Environmental 
Data Related to Waste Management Activities: Development of Data 
Quality Objectives.''
    You should identify the types of quality control (QC) concepts 
(e.g., spike recovery analyses, blanks, etc.) you will use to determine 
if you meet your objectives. For example, selection of an appropriate 
method is sometimes demonstrated by adequate recovery of spiked or 
surrogate analytes and reproducible results, or through successful 
analysis of a standard reference material of a matrix-type analogous to 
that of the actual sample matrix. The method may not be appropriate for 
its intended use if your data show inadequate recovery of an analyte at 
a level that impairs a decision regarding whether the analyte is 
present at or below its regulatory level. Such a method would not 
generate effective data. Based on your QC data, you should determine 
whether the method generates results that are sufficiently sensitive, 
unbiased, and precise to demonstrate compliance with the subject 
regulation.
    However, you should not focus only on controlling or documenting 
analytical quality, because regulatory decisions are also susceptible 
to error due to sampling procedures. If the contaminant variability is 
not properly addressed during the planning and collection of samples, 
an incorrect decision could be reached even though the method performed 
well in terms of laboratory quality control. No matter how accurate or 
precise the laboratory analysis, the data will provide misleading 
information if excessive error is introduced by improper sampling 
procedures. Guidance on identifying the necessary quality control 
procedures and on minimizing the potential for both analytical and 
sampling error can be found at the EPA Quality Staff's Web site (http://www.epa.gov/quality/) or in Chapters One, Two, and Nine of SW-846, and 
in some methods.
    Finally, you should identify appropriate methods for a specific 
project before sampling and analysis begins. As the regulated entity, 
you are ultimately responsible for compliance with a particular 
regulation. Therefore, you should not rely on the laboratory or other 
project participant to select an appropriate method. We recommend that 
you consult with your regulating authority during identification of 
performance goals and the selection of appropriate methods.
iii. Request for Public Comments on Appropriate Method Selection and 
Use
    We are interested in public comments regarding the selection and 
use of other appropriate methods in the RCRA regulations, as described 
above. We are particularly interested in responses to the following 
questions:
    1. What concerns exist regarding the selection of appropriate 
methods by the regulated community?
    2. What other guidance is needed to aid in the selection of 
appropriate methods by the regulated community?

B. Why We Selected the Proposed Approach Over Other Approaches

    We considered several approaches to promoting method use 
flexibility in the RCRA regulations. We selected the ``appropriate 
method'' approach because it is universally applicable to the subject 
RCRA regulations. It also requires only minimal revisions to the 
regulations for implementation.
    In addition, the option to use ``appropriate methods'' is not new 
to the RCRA regulations. For example, use of the TCLP, SW-846 Method 
1311, is required for determinations regarding whether a waste is 
hazardous for the toxicity characteristic (the TC). It generates an 
extract (the leachate) which is subjected to determinative analysis for 
comparison with the TC regulatory limits. However, the TCLP procedure 
does not require specific methods for the leachate determinative 
analysis, nor does it specify the use of even SW-846 methods in general 
for the analysis. It allows method flexibility similar to that proposed 
by this rule by stating in its sec. 7.2.14: ``The TCLP extract shall be 
prepared and analyzed according to appropriate analytical methods.''
    Before finalizing this rule, we would like the public's opinion of 
the alternative approaches that we considered, as described below. 
Please provide specific reasons for your positions regarding the 
alternative approaches, including perceived advantages or 
disadvantages.
    1. As a variation to the ``appropriate method'' approach described 
above, should we remove mention of SW-846 methods as examples of 
appropriate methods from the subject regulations? We are interested in 
whether retaining mention of the SW-846 methods offers significant 
advantages or disadvantages. (For example, one disadvantage could be 
that it might leave an incorrect impression that the SW-846 methods are 
still preferred by EPA).
    2. In lieu of the ``appropriate method'' approach, should we 
instead add performance criteria to each regulation, such as done in 
the aforementioned comparable fuel rulemaking, and not mention or 
require the use of an appropriate method (including any SW-846 
methods)? We did not select this approach because it might not be 
directly applicable to some regulations and then might require 
significant regulatory changes with greater impacts.

C. Potential Impacts From Removal of Required Uses of SW-846 Analyses

    If the regulatory revisions of this proposed rule are promulgated, 
you can use any appropriate analytical test method in demonstrating 
compliance with the RCRA regulations, except for those demonstrations 
involving required method-defined parameters. For the reasons given in 
this section, we believe that this action will not significantly or 
adversely impact the regulated community or other potentially affected 
parties. In fact, the primary impact of this rule if adopted will be to 
result in better analytical results and lower costs. All of the 
entities involved with the task of waste characterization will pay far 
greater attention to method performance. In addition, project planners 
and laboratories will be able to identify methods that are potentially 
less costly to the regulated community.
i. Expected Impact on Regulated Entities
    The use of other appropriate methods will be an option, not a 
requirement. Regulated entities may continue to use the specified SW-
846 methods to demonstrate compliance and thus

[[Page 66258]]

experience no impact from this rulemaking. EPA will also continue to 
publish and update SW-846 methods and ensure their scientific soundness 
by following peer review guidelines and requesting public comment on 
the methods through Federal Register notices.
    We primarily believe that an entity will choose to use another 
appropriate method from that listed in the regulations only when it is 
beneficial to do so. Method choice will be based on expected 
efficiencies in cost and performance. For example, you may use methods 
that are more appropriate for your particular matrix, and cut the cost 
of using unnecessary standards.
    Also, a demonstration that another method is appropriate is not new 
to RCRA-related sampling and analysis and will not involve much more 
than what regulated entities already should be doing. For example, you 
should already be setting method performance goals in your Quality 
Assurance Project Plan (QAPP) or Sampling and Analysis Plan (SAP), and 
evaluating compliance with them based on QC data or other data quality 
indicators.
    Some public comments in response to our notice of May 8, 1998, 
expressed concern regarding the comparability of data generated by 
different methods for the same purpose. First, this issue is not new, 
because some regulations already allow the use of more than one method. 
We also disagree that this should be a concern, provided that any 
alternative method is also an appropriate method as defined above. 
Specifically, if both methods generate effective data and meet the same 
performance goals of the project, then data from both methods are 
comparable. This has always been EPA's approach in comparing data by 
different methods, and it is not affected or changed by this proposal.
    As a stakeholder, you may prefer a more prescriptive approach in 
the regulations because method-specific requirements remove the burden 
of method-selection decision making. You may believe that this 
translates into lower costs and better compatibility within a workforce 
of permit writers and other project participants who may not have 
method-selection expertise. We are familiar with this argument and 
would like to better understand its perspective. However, we believe 
that many method-selection decisions should be project specific and 
thus, when such an approach is applicable, specific methods should not 
be required in the regulations. Even before this proposed rulemaking, 
project planners and other participants should be evaluating the 
effectiveness of methods during facility or waste evaluations.
    You also may be concerned about the impact of this proposal on 
existing RCRA permits. RCRA permits are typically effective up to ten 
years. This proposal, if finalized, would only effect new or reissued 
permits, and only as an option for flexibility in method selection. 
Therefore, RCRA permits need not be adversely impacted by this action.
    Finally, this rule does not propose new information collection or 
reporting requirements for regulated entities. Sections 260.22(i) 
(reporting requirements for petitions to exclude wastes) and 264.13(b) 
and 265.13(b) (reporting requirements for owners and operators of 
hazardous waste management facilities) provide sufficient reporting 
requirements to cover RCRA-related testing and analysis documentation 
regarding the use of other appropriate methods.
ii. Expected Impact on States
    Many of the public comments in response to our May 8, 1998, notice 
favored State adoption of these revisions, but were concerned that this 
action will impose additional burden on States. In response, we note 
that the regulatory changes in this rule are equivalent to or less 
stringent than the existing Federal regulations which they amend. 
Therefore, authorized States are not required to adopt and seek 
authorization for this rulemaking. Nevertheless, we encourage the 
adoption of these or similar revisions by authorized States in order to 
promote national adoption of PBMS. In addition, if States choose to 
adopt these revisions, the impact will not be significant since they 
already conduct method selection and data quality reviews to determine 
compliance with their testing and monitoring regulations.
iii. Education Efforts by EPA To Facilitate Implementation
    Many public comments received on our May 8, 1998 notice expressed a 
need for communication and training, at all levels, to minimize any 
adverse impacts and promote implementation. Therefore, we plan to 
educate and train the States, EPA Regions, and the regulated community 
regarding the implementation of this rule, through such mechanisms as 
web and internet training modules, workshops, and fact sheets. Over the 
past six years, we have offered program-specific training (e.g., 
``Analytical Strategy for the RCRA Program: A Performance-Based 
Approach'') for EPA Headquarters, Regional, and State personnel 
involved in RCRA activities that include sampling and analysis. We plan 
to offer other courses on the evaluation of data and permit writing 
from a PBMS and effective data standpoint. In addition, we encourage 
affected entities to contact the Methods Information Communication 
Service (MICE Service, see Addresses) for answers to any questions or 
concerns regarding the use of other appropriate methods. These 
communication and training efforts will help ensure consistency in 
implementation of this rule by the States, Regions, and regulated 
community and help limit any associated costs.
iv. Request for Public Comment on Impacts and Implementation
    We request public comment on the impact of this proposed rule and 
how we might promote its successful implementation. We are particularly 
interested in public comment to the following questions:
    1. What can we do to remove implementation barriers and maximize 
the benefits from the flexibility provided by this action?
    2. What might be the economic impact on the regulated community and 
other entities as a direct result of this action?
    3. What concerns exist regarding implementation and compliance 
assessments involving the use of other appropriate methods?
    4. Are there any technical or programmatic barriers to the 
implementation of this approach?
    5. What guidance or training is needed to assure successful 
implementation of this action?
    6. What new or uncommon data quality problems might be caused by 
allowing increased flexibility in method selection?

IV. Proposed Regulatory Revisions Involving Removal of SW-846 
Requirements

    Sections IV.A through IV.J address revisions to remove the 
requirement to use only SW-846 methods and add the flexibility to use 
other appropriate methods. The overall basis for these revisions is 
explained in section II above.
    Table 2--lists the proposed revisions for each regulation to remove 
SW-846 requirements and allow the flexibility to use other appropriate 
methods. It also lists the preamble section which describes the 
revisions. As addressed by section IV.K, we also propose to revise the 
incorporation by reference of SW-846 in Sec.  260.11 so that it only 
includes SW-846 methods required for method-

[[Page 66259]]

defined parameters. Therefore, for each section where we propose to 
remove the requirement to use only SW-846 methods, we propose to also 
remove the SW-846 incorporation by reference.

Table 2. Revisions to RCRA Regulations to Remove Required Uses of SW-846
                                 Methods
------------------------------------------------------------------------
                                    Affected topic or        Preamble
       Revised regulation                program              section
------------------------------------------------------------------------
Sec.   260.22(d)(1)(i).........  Delisting..............  IV.A
Appendix IX to part 261........  Delisting..............  IV.A
Sec.  Sec.   261.35(b)(2)        Deletion of certain      IV.B
 (iii)(A) and (B).                waste codes following
                                  equipment cleaning.
Sec.   261.38(c)(7)............  Comparable/syngas fuel   IV.C
                                  exclusion.
Sec.  Sec.   264.1034(d)(1)      Air emission standards   IV.D
 (iii), 264.1063(d) (2),          for process vents and
 265.1034(d)(1) (iii), and        equipment leaks.
 265.1063(d)(2).
Sec.  Sec.   265.1084(a)(3)      Air emission control     IV.E
 (iii) and (b)(3) tanks, (iii),   requirements for
 and 265.1084(a)(3)(ii) (C),      surface impoundments,
 (b)(3)(ii)(C), and (c)(3)(i).    and containers.
Sec.  Sec.   266.100(d)(1) (ii)  Hazardous wastes burned  IV.F
 and (g)(2), and 266.102(b)(1).   in boilers and
                                  industrial furnaces
                                  (BIFs).
Sec.   266.106(a)..............  Control of metal         IV.G
                                  emissions at BIFs.
Sec.  Sec.   266.112(b)(1) and   Residues from burning    IV.H
 (b)(2)(i).                       of wastes in BIFs.
Appendix IX, part 266..........  Methods Manual for BIF   IV.I
                                  regulations.
Sec.  Sec.   270.19(c)(1) (iii)  Part B information and   IV.J
 and (iv), 270.22(a)(2)(ii)(B),   trial burn plan
 270.62(b)(2)(i)(C) and (D),      requirements for
 270.66(c) (2)(i)and (ii).        incinerators and BIFs.
------------------------------------------------------------------------

    0We request comment on each of the revisions, particularly in 
response to the following questions:
    1. Does the revision provide adequate flexibility in method 
selection to facilitate the use of new technologies and encourage a 
greater focus on the performance of monitoring programs during 
compliance with the regulation?
    2. What are the perceived technical and programmatic barriers to 
implementing the revision?
    3. What is the economic impact of the revision?
    4. What guidance or training is needed to aid implementation of the 
revised regulation?

A. Removal of Requirements To Use Only SW-846 in Sec.  260.22(d)(1)(i) 
and Appendix IX to Part 261

    Section 260.22(d)(1)(i) currently states that SW-846 methods must 
be used as part of a petition to amend part 261 to exclude (``delist'') 
a waste listed with code ``T''. We believe that the mandatory use of 
only SW-846 methods for this aspect of a delisting demonstration is not 
necessary. Therefore, we are proposing to revise Sec.  260.22(d)(1)(i) 
by removing the requirement to use only SW-846 methods, deleting the 
incorporation by reference referral to Sec.  260.11, and explicitly 
allowing the use of appropriate methods from other reliable sources. 
With this revision, if you submit a delisting petition, you will no 
longer be required to use only SW-846 methods. We also strongly 
recommend that you work with your regulating entity (e.g., EPA Region 
or authorized State) during selection of methods for a delisting 
demonstration. In this instance, the methods are not being used as 
required method-defined parameters. (Note: We are not proposing 
revisions to Sec.  260.22(d)(3) of the delisting petition regulations 
which address the use of methods for determining whether wastes are 
characteristic hazardous wastes.)
    We also propose to revise certain conditional delistings (hazardous 
waste exclusions) in appendix IX, to Part 261 ``Wastes Excluded Under 
Sec. Sec.  260.20 and 260.22.'' We are revising the delistings to allow 
the use of appropriate methods besides SW-846 methods during the 
required waste analysis.
    In most cases, we are including the following language in the 
conditional delistings: ``Analyses must be performed according to 
appropriate methods such as methods found in SW-846 or other reliable 
sources (with the exception of analyses requiring the use of SW-846 
methods incorporated by reference in Sec.  260.11, which must be used 
without substitution).'' With this language, if you are an owner/
operator of the facility, you will have the option to use appropriate 
methods from other reliable sources besides SW-846.
    Some conditional delistings require the use of Methods 9010 
(``Total and Amenable Cyanide: Distillation'') and 9012 (``Total and 
Amenable Cyanide (Automated Colorimetric, with Off-line 
Distillation''). These methods, although proposed to be retained in 
Sec.  260.11(a)(11) as method-defined parameters because of their 
required use under Sec.  268.44, the universal treatment standards 
under the land disposal restrictions regulations are not being used in 
those delistings for that purpose. Therefore, we believe the facilities 
should be allowed to use another appropriate method, if they choose to 
do so.
    Specifically, we propose to revise the conditional exclusions found 
in Table 1 of appendix IX of part 261 for the following facilities 
(listed in order of appearance):

--Aptus, Inc., Coffeyville, Kansas
--Arkansas Department of Pollution Control and Ecology, Vertac 
Superfund site, Jacksonville, Arkansas
--BMW Manufacturing Corporation, Greer, South Carolina
--Bethlehem Steel Corporation, Sparrows Point, Maryland
--DuraTherm, Inc., San Leon, Texas
--Eastern Chemical Company, Longview, Texas
--Envirite of York, Pennsylvania
--Geological Reclamation Operations and Systems, Inc., Morrisville, 
Pennsylvania
--McDonnell Douglas Corporation, Tulsa, Oklahoma
--Occidental Chemical, Ingleside, Texas
--Rhodia, Houston, Texas
--Syntex Agribusiness, Springfield, Missouri
--Texas Eastman, Longview, Texas
--Tyco Printed Circuit Group, Melbourne, FL

    We also propose to revise, as described above, the conditional 
exclusions found in Table 2 of appendix IX of part 261 for the 
following facilities (listed in order of appearance):

--Bethlehem Steel Corporation, Steelton, Pennsylvania
--Bethlehem Steel Corporation, Johnstown, Pennsylvania
--BF Goodrich Intermediates Company, Inc., Calvert City, Kentucky
--CF&I Steel Corporation, Pueblo, Colorado
--Chaparrel Steel Midlothian L.P., Midlothian, Texas
--Conversion System, Inc., Horsham, Pennsylvania
--DOE-RL, Richland, Washington
--Envirite, York, Pennsylvania
--Marathon Oil Co., Texas City, Texas

[[Page 66260]]

--Occidental Chemical Corporation, Muscle Shoals Plant, Sheffield, 
Alabama
--Occidental Chemical Corporation, Delaware City, Delaware
--Oxy Vinyls, Deer Park, Texas
--Roanoke Electric Steel Corporation, Roanoke, Virginia
--USX Steel Corporation, USS Division, Southworks Plant, Gary Works, 
Chicago, Illinois

B. Removal of Requirements To Use Only SW-846 Method 8290 in Sec.  
261.35(b)(2)(iii)(A) and (B)

    Section 261.35(b)(2)(iii) addresses the testing of rinses from 
equipment cleaning when generators are demonstrating that certain 
wastes from wood preserving processes do not meet the listing 
definition of hazardous waste code F032 (wastewaters, process 
residuals, preservative drippage, and spent formulations from wood 
preserving processes generated at plants that use chlorophenolic 
formulations). Paragraph (A) of the section currently includes a 
requirement to use SW-846 Method 8290, ``Polychlorinated Dibenzodioxins 
(PCDDs) and Polychlorinated Dibenzofurans (PCDFs) by High-resolution 
Gas Chromatography/High-resolution Mass Spectrometry.'' The testing of 
PCDDs and PCDFs using this method does not involve a method-defined 
parameter. Therefore, we believe that appropriate methods from other 
reliable sources should be allowed for this determination. In addition, 
paragraph (B) of Sec.  261.35(b)(2)(iii) defines criteria for ``not 
detected'' values based on information found in SW-846 Method 8290. We 
propose that other appropriate methods should be allowed if they meet 
those criteria. If you are a generator subject to these regulations, 
you will still be required to test for PCDDs and PCDFs. However, you 
will have flexibility in method selection and can consider the use of 
other methods besides SW-846 Method 8290.

C. Removal of Requirement to Use Only SW-846 in Sec.  261.38(c)(7)

    Section 261.38(c)(7) addresses a demonstration for the exclusion of 
a waste that meets comparable/syngas fuel specifications. The section 
states that, as the waste generator, you ``shall'' develop and follow a 
plan for the sampling and analysis of the waste, and that the plan 
``shall'' be developed in accordance with SW-846. We propose to revise 
this section by replacing the second ``shall'' with ``should'' and 
allow the use of other sampling and analysis guidance, besides that 
found in SW-846, during waste analysis plan development, provided the 
other guidance is appropriate for your demonstration. In this case, 
other guidance will be appropriate if it addresses procedures needed to 
meet your sampling and analysis performance goals.

D. Removal of Requirements To Use Only SW-846 Method 8260 in Sec. Sec.  
264.1034(d)(1)(iii), 264.1063(d)(2), 265.1034(d)(1)(iii), and 
265.1063(d)(2)

    Sections 264.1034(d)(1)(iii), 264.1063(d)(2), 265.1034(d)(1)(iii), 
and 265.1063(d)(2) collectively provide test methods and procedures 
applicable to the air emission standards for process vents and/or 
equipment leaks at treatment, storage, and disposal facilities (TSDFs). 
SW-846 Method 9060, ``Total Organic Carbon,'' and SW-846 Method 8260, 
``Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry,'' 
are required for the determination of total organic carbon (TOC). 
Method 9060 is used to directly determine TOC, and thus is used for 
determination of a method-defined parameter. If the conditions under 
which organic carbon is converted to carbon dioxide are altered, there 
is a significant potential that a smaller or greater fraction of the 
carbonaceous material will be converted. Method 8260 is used to 
determine the individual analytes that may be components of the TOC. 
This use of Method 8260 is not for a method-defined parameter.
    Therefore, we propose to revise these sections to allow the use of 
appropriate methods from other reliable sources in lieu of SW-846 
Method 8260. If you are a facility owner/operator subject to these 
regulations, you will still be required to determine the TOC content in 
your waste. However, if you choose not to directly determine TOC by 
Method 9060, you will be able to consider the use of appropriate 
methods other than Method 8260 for the determination of individual 
analytes.
    Also, if this rule is finalized, Method 8260 will no longer be 
incorporated by reference since it will not be solely required by any 
RCRA regulation. Therefore, we also propose to move the phrase 
``(incorporated by reference under Sec.  260.11)'' from after Method 
8260 to after Method 9060. This revision will correctly indicate which 
method remains incorporated by reference.

E. Removal of Requirements To Use Only SW-846 Methods 8260 and 8270 and 
Revisions to Listing of Method Options in Sec. Sec.  
265.1084(a)(3)(iii) and (b)(3)(iii); and Revisions to Sec. Sec.  
265.1084(a)(3)(ii)(C), (b)(3)(ii)(C), and (c)(3)(i)

    Sections 264.1083 and 265.1084 address the waste determination 
procedures for the subpart CC air emission control requirements for 
tanks, surface impoundments, and containers. Section 265.1084 addresses 
the requirements for interim status treatment, storage, and disposal 
facilities (facilities that existed at the time that the regulations 
were established and which needed time to fully comply with the 
regulations) and provides the details for such procedures. Section 
264.1083 addresses the requirements for treatment, storage and disposal 
facilities which were constructed after the regulations were 
promulgated and directly references the regulations in Sec.  265.1084. 
The Agency fully explained the basis and history of the waste 
determination procedures in these regulations. (See 59 FR 62915, 
December 6, 1994; 61 FR 4906, February 9, 1996; 61 FR 59942, November 
25, 1996; 62 FR 64646, December 8, 1997; and 64 FR 3384, January 21, 
1999.)
    One purpose for waste determination under these regulations is to 
determine if a unit is exempt from the air emission control 
requirements. One way that a unit can be exempt from the subpart CC 
requirements is if it manages a hazardous waste with an average 
volatile organic (VO) concentration less than 500 parts per million by 
weight (ppmw). As the owner or operator of the waste management 
facility, you can make a direct determination of the VO concentration 
using waste analysis. For the purpose of such a waste determination, 
you must evaluate the mass of all VO constituents in the waste that 
have a Henry's Law value greater than or equal to 0.1 mole-fraction-in-
the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X), which can 
also be expressed as 1.8 x 10-6 atmospheres/gram-mole/
m[hairsp]3 at 25 degrees Celsius. The compounds exceeding 
these levels are the constituents (analytes) of concern for this 
determination. (The Henry's Law constant of a compound is one way that 
is commonly used to predict the potential of a compound to volatilize.)
    Sections 265.1084(a)(3)(iii) and (b)(3)(iii) specify the analytical 
methods that you must use to determine the VO concentration. The list 
includes Method 25D (``Determination of the Volatile Organic Content of 
Waste Samples'')

[[Page 66261]]

found in 40 CFR part 60, appendix A; Methods 624 (``Purgeables''), 625 
(``Base Neutrals and Acids''), 1624 (``Volatile Organics by Isotope 
Dilution GC/MS''), and 1625 (``Semivolatile Organics by Isotope 
Dilution GC/MS'') found in 40 CFR part 136, appendix A; and Methods 
8260 (``Volatile Organic Compounds by Gas Chromatography/Mass 
Spectrometry'') and 8270 (``Semivolatile Organic Compounds by Gas 
Chromatography/Mass Spectrometry'') found in SW-846. SW-846 Methods 
8260 and 8270 are listed in Sec.  265.1084(a)(3)(iii)(F) and (G) and 
(b)(3)(iii)(F) and (G).
    Method 25D is a nonspecific determinative procedure that provides a 
total volatile organic concentration. The other methods listed in the 
subject regulation are analyte-specific determinative procedures. These 
methods are not being used for method-defined parameters. We originally 
offered the analyte-specific methods as alternatives to Method 25D in 
response to public comments regarding the aggressiveness, expense, and 
repeatability of Method 25D. We added those methods and related 
conditions for their use so that you would have a range of practical 
and affordable method options.
    However, for consistency with the intent and purpose of this 
proposed rule, we propose to remove from Sec. Sec.  265.1084(a)(3)(iii) 
and (b)(3)(iii) text related to the listing of Methods 624, 625, 1624, 
1625, 8260, and 8270 as alternative methods to Method 25D, and add 
language allowing the use of other appropriate methods from other 
reliable sources and give Methods 624, 625, 1624, 1625, 8260 and 8270 
as examples of such methods. We give our reasons for each revision in 
the paragraphs to follow.
    We are removing the listing of Methods 624, 625, 1624, 1625, 8260 
and 8270 as method options because, given the addition of the phrase 
``or other appropriate methods,'' a listing of these methods is 
unnecessary. We have retained them as examples of appropriate methods 
because they cover many of the analytes of interest, and are approved 
methods for RCRA-related analyses. By making this change, we are still 
abiding by our original intent to include methods in the regulations as 
options to Method 25D. We are not revising that intent; we are only 
revising how it is expressed in the regulations. This was the original 
intent of the language added to Sec.  265.1084 in response to public 
comments.
    As an owner or operator subject to these regulations, you will have 
the flexibility to use one or more different methods, provided that the 
methods are appropriate for the determination. The target analyte lists 
of Methods 8260 and 8270 might not cover all organic compounds with a 
Henry's Law constant equal to or greater than 0.1 Y/X (which can also 
be expressed as 1.8 x 10-6 atmospheres/gram-mole/
m[hairsp][hairsp]3 at 25 degrees Celsius) of concern in a 
given hazardous waste, and other appropriate methods may be necessary 
to complete the analysis. On the other hand, you may know that your 
waste contains only a few analytes of concern and a method with a 
smaller analyte list is more appropriate.
    In addition to the above, we propose to correct language in other 
paragraphs of Sec.  265.1084. First, Sec.  265.1084(a)(3)(ii)(C), 
(b)(3)(ii)(C), and (c)(3)(i) currently state that an example of an 
acceptable sampling plan includes a plan incorporating the sampling 
requirements specified in SW-846. We propose to revise these sections 
to make it clear that the sampling procedures found in SW-846 are not 
requirements. We intend that information in SW-846 regarding sampling 
be only used as guidance. We are not removing the requirements to 
prepare and maintain an acceptable sampling plan and one which includes 
the requirements contained in Method 25D.
    Second, we propose to remove the incorporation by reference for SW-
846 in Sec.  265.1084(a)(3)(ii)(C), (a)(3)(iii), (b)(3)(ii)(C), 
(b)(3)(iii), and (c)(3)(i) since only required methods for the analysis 
of method-defined parameters will be retained in Sec.  260.11 should 
this proposal be finalized, and SW-846 sampling procedures will not be 
required for compliance with any regulation under RCRA.

F. Removal of Requirements To Use Only SW-846 in Sec. Sec.  
266.100(d)(1)(ii) and (g)(2), and 266.102(b)(1)

    Part 266, subpart H, addresses the standards for the management of 
hazardous wastes burned in boilers and industrial furnaces (BIFs). 
Sections 266.100(d)(1)(ii) and (g)(2) currently require the use of SW-
846 methods ``or alternative methods that meet or exceed the SW-846 
method performance,'' when sampling and analyzing feedstocks for a 
conditional exemption for smelting, melting, and refining furnaces that 
burn hazardous waste solely for legitimate recovery. Section 
266.102(b)(1) contains the same language regarding waste analysis in 
support of permits. When we finalized this regulation, we added the use 
of ``alternative methods'' in response to concerns that SW-846 method 
detection limits cannot be achieved when analyzing certain feedstream 
matrices (see 56 FR 42504, August 27, 1991). The subject rule noted 
that we could reject the use of an alternative method because it may 
not meet or exceed the performance capabilities of the SW-846 methods 
or the recommended methods.
    In this instance, the SW-846 methods are not being used for method-
defined parameters. Therefore, we propose to remove from Sec. Sec.  
266.100(d)(1)(ii) and (g)(2) and 266.102(b)(1) the phrase regarding 
alternative methods and add language allowing the use of 
``appropriate'' procedures from other reliable sources. This change 
will explicitly allow the use of other appropriate methods and maintain 
consistency in our language throughout the RCRA regulations regarding 
the use of other methods. The broad, conforming changes that we are 
proposing to make throughout the regulations are essentially similar to 
what is included here. While we are changing specific language here, we 
are not changing the original intent of the regulation. In fact, we are 
proposing to use the original intent of this regulation throughout the 
other RCRA regulations, when applicable.

G. Removal of Requirement To Use Only SW-846 in Sec.  266.106(a)

    Section 266.106 provides the standards to control emissions of 
metals at BIFs. Paragraph (a) of this section states that the owner/
operators must comply with the standards for any listed metal of 
concern that is present at detectable levels using SW-846 methods. The 
listed metals of concern include antimony, arsenic, barium, beryllium, 
cadmium, chromium, lead, mercury, thallium, and silver. In this 
instance, the SW-846 methods are not being used for the analysis of 
method-defined parameters and their required use is not necessary. 
Therefore, we propose to revise this section by removing the 
requirement to use only SW-846 methods, deleting the reference to Sec.  
260.11, and explicitly allowing the use of other appropriate methods.

H. Removal of Requirements To Use Only SW-846 in Sec.  266.112(b)(1) 
and (b)(2)(i)

    Section 266.112 of the BIF regulations addresses the regulation of 
residues resulting from the burning or processing of hazardous wastes 
in BIFs. Paragraph (b)(1) provides testing requirements for the 
exclusion of such residues based on comparison of appendix VIII, part 
261, constituents in a waste-derived residue to those in a normal 
residue. It states that sampling and analysis must be in conformance 
with the procedures of

[[Page 66262]]

SW-846. The section does not specify the use of any SW-846 methods for 
method-defined parameters. In addition, the preamble to the Hazardous 
Waste Combustion Maximum Achievable Control Technologies (MACT) 
rulemaking of September 30, 1999 (64 FR 52828) stated that EPA does not 
require the use of SW-846 methods for the analysis of feedstreams in 
order to be consistent with a move toward PBMS. Therefore, we propose 
to remove the requirement to use only SW-846 procedures during the BIF 
residue exclusion demonstration, to delete the reference to Sec.  
260.11, and to explicitly allow the use of other appropriate methods. 
If you are an owner/operator subject to this regulation, and you select 
this option, you will still be required to determine if the residue 
contains appendix VIII constituents. However, you will have more 
flexibility in the selection of a method for the determination.
    In addition, Sec.  266.112(b)(2)(i) requires the use of only SW-846 
procedures during a residue exclusion demonstration based on a 
comparison of non-metal constituent concentrations in the waste-derived 
residue with health-based limits provided in appendix VII to part 266. 
Under this section, the testing of the residue does not involve a 
method-defined parameter and the required use of only SW-846 methods is 
not necessary. We propose to revise this section by removing the 
required use of only SW-846 procedures and explicitly allowing the use 
of other appropriate methods. If you are an owner/operator subject to 
this regulation, and you select this option, you will still be required 
to compare levels of non-metal constituents with the health-based 
limits of appendix VII. However, you will have more flexibility in the 
selection of a method for the determination. We are not revising Sec.  
266.112(b)(2)(ii), which will continue to require the use of the TCLP 
for the leaching of metal constituents during the residue exclusion 
demonstration under Sec.  266.112(b)(2).

I. Removal of Requirements To Use Only SW-846 in Sections 1.0, 3.0, 
10.3, and 10.6 of Appendix IX to Part 266

    Appendix IX to part 266 contains the methods manual for compliance 
with the BIF regulations. The last paragraph of section 1.0, 
``Introduction,'' currently identifies all SW-846 methods to the BIF 
manual as required procedures for determining compliance with the BIF 
regulations. The section text does not specifically reference the 
method numbers; instead it only refers to the methods of SW-846 in 
general. However, not all of the SW-846 methods for BIF-related 
analysis are used for method-defined parameters. Therefore, we propose 
to revise the last paragraph of section 1.0 to explicitly list those 
SW-846 methods used for method-defined parameters in BIF-related 
analyses (i.e., air sampling) and which cannot be substituted with 
other methods. Those methods will remain required for BIF-related 
analyses, if this proposal is finalized. These methods include air 
sampling Methods 0011 (``Sampling for Selected Aldehyde and Ketone 
Emissions from Stationary Sources''), 0023 (``Sampling Method for 
Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofuran 
Emissions from Stationary Sources''), 0050 (``Isokinetic HCl/
Cl2 Emission Sampling Train''), 0051 (``Midget Impinger HCl/
Cl2 Emission Sampling Train''), 0060 (``Determination of 
Metals in Stack Emissions''), and 0061 (``Determination of Hexavalent 
Chromium Emissions from Stationary Sources'').
    The following two methods are those BIF methods which do not 
involve method-defined parameters and which can be substituted with 
other appropriate methods for BIF-related analyses: SW-846 Method 9057, 
``Determination of Chloride from HCl/Cl2 Emission Sampling 
Train (Methods 0050 and 0051) by Anion Chromatography,'' and Method 
8315, ``Determination of Carbonyl Compounds by High Performance Liquid 
Chromatography (HPLC).'' We propose to add sentences to the last 
paragraph of section 1.0 of appendix IX to part 266 that allows the use 
of appropriate methods from other reliable sources for these 
determinations.
    [Note: Methods 0050 and 0051, referenced in the title of Method 
9057, describe the collection of stack gas emission samples for 
subsequent determinative analysis of hydrogen chloride and chlorine. 
Method 9057, an ion chromatography method, is typically used in the 
determinative analysis of chloride from the samples generated by those 
methods. During use of Methods 0050 and 0051, Cl- ions are collected in 
separate solutions for subsequent determinative analysis (e.g., using 
Method 9057). Methods 0050 and 0051 remain required methods for a 
method-defined parameter because a change in their sampling procedures 
(e.g., a change in the nature of the solutions submitted for 
determinative analysis) could result in different results by the 
determinative method. However, it is not necessary to exclusively 
require Method 9057 for the chloride determination because, when 
appropriate, other determinative methods besides Method 9057 may be 
used for that determination.]
    Given the above, we also propose to revise the ``Note'' of section 
3.0, ``Sampling and Analytical Methods,'' to reflect that the complete 
SW-846 manual will no longer be incorporated by reference as a source 
of required methods for BIF-related analyses.
    Section 10.3, ``Basis,'' addresses the determination of metal 
concentrations during BIF-related analyses. Paragraph (2) of this 
section references SW-846, as incorporated by reference, as the source 
for methods for the determinations. Methods for such determinations are 
not used for method-defined parameters. Therefore, we propose to revise 
the section so that other appropriate methods can be used, and remove 
the indication that these SW-846 methods are incorporated by reference.
    Finally, the fourth bullet of paragraph (5) of section 10.6, 
``Precompliance Procedures,'' indicates that daily sample composites 
must be prepared according to SW-846 procedures. We propose to revise 
this bullet to allow other appropriate procedures and reflect the 
intent that SW-846 sampling procedures only be used as guidance.

J. Removal of Requirements To Use Only SW-846 Methods in Sec. Sec.  
270.19(c)(1)(iii) and (iv); 270.22(a)(2)(ii)(B); 270.62(b)(2)(i)(C) and 
(D); and 270.66(c)(2)(i) and (ii)

    Section 270.19 describes the part B information requirements for 
incinerators. Paragraph (c)(1)(iii) of that section states that, when 
submitting information in lieu of a trial burn, the applicant must 
identify any hazardous constituents listed in appendix VIII of part 261 
that are present in the waste by using SW-846. Sections 
270.62(b)(2)(i)(C) and (D) and 270.66(c)(2)(i) and (ii) provide the 
same requirements for the trial burn plans submitted by hazardous waste 
incinerator and BIF permit applicants.
    In addition, Sec.  270.22 provides specific part B information 
requirements for BIFs. Paragraph (a)(2)(ii)(B) of that section states 
that, when seeking to permit BIFs that burn low risk wastes to waive 
the DRE trial burn, owner/operators must submit results using SW-846 
analytical techniques documenting the concentrations of the nonmetal 
compounds of appendix VIII of part 261.
    Each of the above sections include requirements to use only SW-846 
methods during the analyses of appendix VIII, part 261, constituents. 
These analyses do not involve the use of SW-846 methods for method-
defined

[[Page 66263]]

parameters. We propose to remove these requirements, to delete the 
references to Sec.  260.11, and to explicitly allow the use of 
appropriate methods from other reliable sources. If you are an 
applicant, you will still be required to conduct analyses for the 
appendix VIII constituents of concern. However, you will have 
flexibility in the selection of an appropriate method.

K. Removal of SW-846 Methods From Incorporation by Reference in Sec.  
260.11(a)(11)

    Currently, all methods of SW-846 are incorporated by reference at 
Sec.  260.11(a)(11) ``when used'' within the RCRA regulations. All of 
SW-846 had to be incorporated by reference because some RCRA 
regulations require in general any SW-846 method (e.g., the delisting 
regulations). The required methods had to be incorporated by reference 
because they are too lengthy for publishing directly in the regulations 
and they are readily available to the public in the SW-846 manual. In 
this rule, we propose to restrict required uses of SW-846 methods for 
the analysis of method-defined parameters. Therefore, we propose to 
revise Sec.  260.11(a)(11) to remove the incorporation by reference of 
all SW-846 methods except those SW-846 methods that may be required for 
the analyses of method-defined parameters. Those methods will remain 
incorporated by reference when used for method-defined parameters and 
required by the RCRA regulations (a few are not explicitly required by 
the RCRA regulations at this time).
    It is important to note that a method listed in Sec.  260.11(a)(11) 
because it is used for analysis of a method-defined parameter is 
sometimes used for non-mandatory purposes. For example, Methods 9010, 
``Total and Amenable Cyanide: Distillation,'' and 9012, ``Total and 
Amenable Cyanide (Automated Colorimetric, with Off-line Distillation)'' 
are listed in some conditional delistings and are not being used for a 
method-defined parameter. Therefore, the facilities can use another 
appropriate method for those analyses. However, these same methods are 
used as method-defined parameters under Sec.  268.44, the universal 
treatment standards under the land disposal restrictions regulations. 
In that case, the methods cannot be substituted. Therefore, due to the 
latter scenario, those two methods are incorporated by reference in the 
regulations at Sec.  260.11(a)(11). It is the application of a method 
in a regulation that determines whether a method is being used to 
analyze a required method-defined parameter--not simply whether the 
method is listed in Sec.  260.11(a)(11).
    Given this proposal, the SW-846 methods to remain as incorporated 
by reference in Sec.  260.11(a)(11) are listed in Table 3.

       Table 3.--SW-846 Methods To Remain in Sec.   260.11(a)(11)
------------------------------------------------------------------------
           SW-846 method                        Method title
------------------------------------------------------------------------
0010..............................  Modified Method 5 Sampling Train.
0011..............................  Sampling for Selected Aldehyde and
                                     Ketone Emissions from Stationary
                                     Sources.
0020..............................  Source Assessment Sampling System
                                     (SASS).
0023..............................  Sampling Method for Polychlorinated
                                     Dibenzo-p-Dioxins and
                                     Polychlorinated Dibenzofuran
                                     Emissions from Stationary Sources.
0030..............................  Volatile Organic Sampling Train.
0031..............................  Sampling Method for Volatile Organic
                                     Compounds (SMVOC).
0040..............................  Sampling of Principal Organic
                                     Hazardous Constituents from
                                     Combustion Sources Using
                                     Tedlar[reg] Bags.
0050..............................  Isokinetic HCl/Cl2 Emission Sampling
                                     Train.
0051..............................  Midget Impinger HCl/Cl2 Emission
                                     Sampling Train.
0060..............................  Determination of Metals in Stack
                                     Emissions.
0061..............................  Determination of Hexavalent Chromium
                                     Emissions from Stationary Sources.
1010..............................  Pensky-Martens Closed-Cup Method for
                                     Determining Ignitability.
1020..............................  Small Scale Closed-Cup Method for
                                     Determining Ignitability.
1110..............................  Corrosivity Toward Steel.
1310..............................  Extraction Procedure (EP) and
                                     Structural Integrity Test.
1311..............................  Toxicity Characteristic Leaching
                                     Procedure.
1312..............................  Synthetic Precipitation Leaching
                                     Procedure.
1320..............................  Multiple Extraction Procedure.
1330..............................  Extraction Procedure for Oily
                                     Wastes.
3542..............................  Extraction of Semivolatile Analytes
                                     Collected Using Method 0010
                                     (Modified Method 5 Sampling Train).
5041..............................  Analysis for Desorption of Sorbent
                                     Cartridges from Volatile Organic
                                     Sampling Train (VOST).
9010..............................  Total and Amenable Cyanide:
                                     Distillation.
9012..............................  Total and Amenable Cyanide
                                     (Automated Colorimetric, with Off-
                                     line Distillation).
9040..............................  pH Electrometric Measurement.
9045..............................  Soil and Waste pH.
9060..............................  Total Organic Carbon (TOC).
9070..............................  n-Hexane Extractable Material (HEM)
                                     for Aqueous Samples.
9071..............................  n-Hexane Extractable Material (HEM)
                                     for Sludge, Sediment, and Solid
                                     Samples.
9095..............................  Paint Filter Liquids Test.
------------------------------------------------------------------------

    Please note that we are not adding any new methods to Sec.  
260.11(a)(11)--each method listed above is already a part of SW-846 and 
was incorporated by reference during previous rulemakings. We are only 
removing from incorporation by reference those methods that will no 
longer be required should this proposal be finalized. For each method 
retained as incorporated by reference, we are indicating in Sec.  
260.11(a)(11) the promulgated version of the method which was last 
incorporated by reference and thus which must be used during regulatory 
compliance.

[[Page 66264]]

V. Proposed Editorial Corrections to SW-846 References in the RCRA 
Testing and Monitoring Regulations

    We also propose to correct inaccurate references to SW-846 (some of 
which are logical outgrowths to the proposed revision to Sec.  260.11), 
and clarify method selection flexibility in the RCRA regulations. Table 
4 lists and summarizes these proposed changes to the RCRA regulations.

            Table 4.--Proposed Corrections and Clarifications
------------------------------------------------------------------------
          Regulation                  Correction or clarification
------------------------------------------------------------------------
Sec.   258.28(c)(1)--Liquids   Correction to add ``incorporated by
 restrictions.                  reference in Sec.   260.11'' after
                                mention of SW-846 Method 9095, ``Paint
                                Filter Liquids Test''
Appendix I to part 258--       Correction to include SW-846 Method 6020
 Constituents for detection     as an example of an appropriate method
 monitoring.                    for detection monitoring.
Appendix II to part 258--List  Clarification regarding the use of other
 of inorganic and organic       appropriate methods by removing the
 hazardous constituents.        ``Suggested Methods'' and ``PQLs ([mu] g/
                                L)'' columns, removing footnotes 1, 5
                                and 6 and revising and renumbering the
                                remaining footnotes, as appropriate. (As
                                noted in footnote 1, the methods and
                                PQLs were given for informational
                                purposes only; and, as noted in footnote
                                6, the PQLs were directly related to the
                                indicated methods and not part of a
                                regulation.).
Sec.   260.21(d)--Petitions    Clarification that equivalent methods
 for equivalent methods.        will be added to Sec.   260.11, instead
                                of just added to SW-846.
Sec.  Sec.   261.3(a)(2)(v),   Clarification that other appropriate
 279.10(b)(1)(ii), 279.44(c),   methods beside the example SW-846
 279.53(c), and 279.63(c)--     methods can be used in analyses to show
 Rebuttable presumption for     that a used oil does not contain
 used oil.                      hazardous waste.
Appendix III to part 261--     Clarification regarding the use of other
 Chemical analysis test         appropriate methods.
 methods.
Sec.  Sec.   264.1034(f) and   Clarification that appropriate methods
 265.1034(f)--Test methods      other than SW-846 Method 8260 are
 and procedures.                allowed to resolve disagreements
                                regarding concentration estimates.
Appendix IX to part 264--      Clarification regarding the use of other
 Ground-water monitoring list.  appropriate methods by removing the
                                ``Suggested Methods'' and ``PQLs ([mu] g/
                                L)'' columns and removing footnotes 1, 5
                                and 6 and revising and renumbering the
                                subsequent footnotes, as appropriate.
                                (As noted in footnote 1, the methods and
                                PQLs were given for informational
                                purposes only; and, as noted in footnote
                                6, the PQLs were directly related to the
                                indicated methods and not part of a
                                regulation.).
Sec.   265.1081--Definitions.  Correction to SW-846 reference in
                                definition of ``waste stabilization
                                process''.
Appendix IX to part 266--      Corrections to reflect removal of SW-846
 Methods manual for             methods from the manual on June 13, 1997
 compliance with BIF            and clarification in existing guidance
 regulations.                   regarding use of other appropriate
                                methods and SW-846.
------------------------------------------------------------------------

VI. Proposed Action To Withdraw Reactivity Interim Guidance From SW-846 
Chapter Seven and Remove Required SW-846 Reactivity Analyses and 
Threshold Levels From Conditional Delistings

    We are also proposing to withdraw the reactivity interim threshold 
levels and reactive cyanide and sulfide methods from Chapter Seven of 
SW-846 and from certain conditional delistings found in appendix IX to 
40 CFR part 261. In particular, July 1985, EPA's Office of Solid Waste 
(OSW) issued a memorandum entitled ``Interim Thresholds for Toxic Gas 
Generation.'' This 1985 memorandum contained interim threshold levels 
for toxic cyanide and sulfide gas generation and draft analytical 
methods for testing wastes for those levels. This reactive cyanide and 
reactive sulfide guidance was developed in response to public inquiries 
about how to evaluate wastes for the characteristic of reactivity under 
Sec.  261.21(a)(5). In response to subsequent concerns about the 
effectiveness of the guidance (as explained further below), EPA's OSW 
reexamined the guidance, and on April 21, 1998, issued a memorandum 
entitled ``Withdrawal of Cyanide and Sulfide Reactivity Guidance'' 
which withdrew the July 1985 guidance. At this time, given the 1998 
withdrawal of the reactive cyanide and sulfide interim threshold levels 
and draft method guidance, EPA proposes to withdraw the same guidance 
from Chapter Seven, ``Characteristics Introduction and Regulatory 
Definitions,'' of SW-846 and to withdraw required uses of the interim 
threshold levels and methods found in certain conditional exclusions 
(also called delistings) at 40 CFR part 261, appendix IX. The following 
paragraphs provide background information regarding the 1985 guidance 
and its withdrawal in 1998, and provide the basis for this proposal. 
See the docket, number RCRA-2002-0025, of this rulemaking for a copy of 
the 1985 and 1998 memorandums.
    40 CFR 261.23 contains eight narrative descriptions of properties 
used to identify solid wastes exhibiting the hazardous waste 
characteristic of reactivity (EPA Hazardous Waste Number D003). The 
fifth of those properties at Sec.  261.23(a)(5) addresses cyanide- and 
sulfide-bearing solid wastes. The regulation states that one way a 
solid waste can be reactive is if ``it is a cyanide- or sulfide-bearing 
waste which, when exposed to pH conditions between 2 and 12.5, can 
generate toxic gases, vapors or fumes in a quantity sufficient to 
present a danger to human health or the environment.'' The regulation 
does not require that a particular test method be used for 
determination of this reactive property. Instead, as with each of the 
reactivity characteristic properties, the regulated public must base 
their determination on the narrative standard and knowledge of their 
waste.
    Some of the hazardous waste characteristics are defined in terms of 
properties measurable by standardized testing protocols. However, 
regarding the reactivity characteristic, EPA noted that available test 
methods suffered from a number of shortcomings which made it 
inappropriate to specify a numerically quantified definition with 
accompanying test protocols (see 45 FR 33110, May 19, 1980). In 
addition, reactive wastes may exist and pose a hazard under a variety 
of situations and circumstances, and it would be difficult to 
adequately quantify and test for all of those situations. The Agency 
noted that a lack of a quantified definition and accompanying test 
methods would not cause problems because most generators

[[Page 66265]]

of reactive wastes are aware that their wastes possess the property and 
require special handling. Consequently, the Agency developed the 
narrative definitions found at Sec.  261.23 as sufficient information 
to determine whether a waste is hazardous based on reactivity.
    However, the Agency received many public inquires regarding how to 
evaluate wastes for the reactivity characteristic property at Sec.  
261.23(a)(5). The Agency therefore initiated studies on the possible 
development of numerical limits and test methods for the property. On 
an interim basis, the Agency issued the memorandum in July 1985 which 
provided interim threshold levels for ``toxic gas generation 
reactivity.'' These limits were 250 mg of HCN/kg of waste for total 
available cyanide and 500 mg of H2S/kg of waste for total 
available sulfide. The memorandum provided draft testing methods for 
measuring the available cyanide and sulfide and noted that on-going 
studies may result in changes to the methods. The memorandum also 
provided a description of the mismanagement scenario used to derive the 
interim threshold levels. This scenario assumed disposal of cyanide- 
and sulfide-bearing wastes into an open pit containing acidic wastes, 
resulting in a rapid and high level release of toxic gas. After 
issuance of the 1985 memorandum, the guidance threshold levels and 
draft test methods were included in sections 7.3.3 (``Interim Guidance 
for Reactive Cyanide'') and 7.3.4 (``Interim Guidance for Reactive 
Sulfide'') of Chapter Seven of EPA Publication SW-846, ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods.''
    The 1985 memorandum contained non-binding interim guidance and was 
not a regulation. The EPA reactivity threshold limit and method studies 
mentioned by the document were not successfully completed. No threshold 
levels or test methods were ever proposed or promulgated and included 
in Sec.  261.23(a)(5) as numerically quantified definitions of a 
reactive hazardous waste. The addition of the 1985 interim limits and 
draft methods to Chapter Seven of SW-846 did not change the guidance 
status of the levels and methods for purposes of judging if a waste 
exhibits the characteristic of reactivity because the reactivity 
characteristic at Sec.  261.23 does not specify the limits or use of 
the SW-846 methods. EPA intended that the 1985 and Chapter Seven 
information only be used as guidance of what might be hazardous.
    Since cyanide and sulfide reactivity under Sec.  261.23(a)(5) does 
not specify the use of a SW-846 method and instead relies on a 
narrative standard, the SW-846 methods are not incorporated by 
reference at Sec.  260.11 for the purpose of determining whether a 
waste is hazardous based on that property of the reactivity 
characteristic. However, as noted above in section III.A (``Removal Of 
Requirements to Use only SW-846 in Sec. Sec.  260.22(d)(1)(i) and 
Appendix IX to Part 261'') of this proposal, some conditional 
delistings were promulgated after 1985 that require the use of SW-846 
methods, including use of the reactive cyanide and reactive sulfide 
test methods found in SW-846 Chapter Seven. Some of these conditional 
delistings also specify the reactive cyanide and sulfide limits of 250 
mg/kg and 500 mg/kg, respectively, as delisting action levels.
    In early 1998, the National Enforcement Investigations Center 
(NEIC) of EPA expressed concerns regarding the effectiveness of the 
reactivity guidance contained in the 1985 memorandum and Chapter Seven 
of SW-846, and urged that EPA withdraw the guidance. Consequently, 
EPA's OSW conducted a review of the 1985 guidance mismanagement 
scenario, the derivation of the guidance threshold levels, and the 
relationship of the scenario and thresholds to the test method results. 
After this careful review, EPA concluded that NEIC's concerns regarding 
effectiveness of the guidance were well founded. To summarize, EPA 
concluded that the guidance had the following significant flaws: (1) 
The test conditions evaluate a single pH condition and not the range of 
pH conditions (2 to 12.5) specified in the regulation; (2) the test 
conditions do not adequately recover the analyte and thus the tests 
predict low percentages of analyte releases in the waste, (3) the 
mismanagement scenario and test conditions are not correctly scaled 
between each other, and (4) the mismanagement scenario of an open pit 
is not the only exposure of concern and may not represent a plausible 
worst case scenario. (See the April 21, 1998 memorandum at http://www.epa.gov/SW-846/ for detailed information regarding NEIC's concerns 
and EPA's conclusions.) EPA consequently withdrew the July 1985 
guidance through the aforementioned April 21, 1998 memorandum.
    Therefore, in conjunction with the 1998 withdrawal of the 1985 
cyanide and sulfide reactivity guidance, we propose to remove sections 
7.3.3 and 7.3.4 from Chapter Seven of SW-846. We will include the 
revised Chapter Seven in Proposed Update IIIB to SW-846.
    It is necessary to use a rulemaking to remove sections 7.3.3 and 
7.3.4 from Chapter Seven, even though the sections were originally 
added only as guidance, because as noted above certain conditional 
delistings found in Tables 1 and 2 of 40 CFR part 261, appendix IX, do 
require use of the methods in those sections. The 1998 withdrawal of 
the 1985 guidance did not affect those requirements. Since the 
delistings require the use of SW-846 methods, the reactive cyanide and 
sulfide methods found in SW-846 are incorporated by reference for the 
purpose of implementing those specific delisting provisions. We 
therefore, propose to remove required uses of the SW-846 Chapter Seven 
methods for reactive cyanide and sulfide from a number of conditional 
delistings.
    In addition, some of the conditional waste exclusions list the 
reactive cyanide and sulfide interim threshold levels found in the 1985 
memorandum and in Chapter Seven as delisting action limits. Therefore, 
due to Agency concerns regarding the effectiveness of those levels for 
determining whether a waste is hazardous, the Agency also proposes to 
remove those levels from the delistings.
    The Agency notes that the exclusions in 40 CFR part 261 appendix IX 
only apply to listed hazardous wastes. As noted by Sec. Sec.  
260.22(c)(2), (d)(4) and (e)(4), an excluded waste may still be a 
hazardous waste by operation of subpart C of part 261, which contains 
the RCRA regulations addressing characteristic hazardous wastes. 
Therefore, generators of excluded wastes are still required to continue 
to determine whether their wastes remain non-hazardous based on the 
four hazardous waste characteristics, including the characteristic of 
reactivity. (EPA's ``RCRA Delisting Program Guidance Manual for the 
Petitioner,'' March 23, 2000, affirms this requirement by stating that 
generators with excluded wastes remain obligated to determine whether 
their waste remains non-hazardous based on the hazardous waste 
characteristics.) Therefore, removal of required testing for reactive 
cyanide and sulfide based on the SW-846 methods and threshold levels 
does not relieve the generators of delisted wastes from a reactivity 
characteristic determination. Given the regulatory requirement in Sec.  
260.22(c)(2), (d)(4) and (e)(4) it also is not necessary to replace the 
reactive cyanide and sulfide method requirements or threshold levels in 
those delistings with language requiring a determination based on the 
narrative at Sec.  261.23(a)(5),

[[Page 66266]]

or on any other property under the reactivity characteristic.
    As noted by the 1998 memorandum, we understand that withdrawal of 
the reactivity guidance meant that waste generators who relied on this 
guidance in the past might have somewhat greater uncertainty about 
determining the regulatory status of their cyanide- and sulfide-bearing 
wastes. However, the Agency believes that generators of sulfide- and 
cyanide-bearing wastes can recognize the acute toxicity of sulfides and 
cyanides without relying on the guidance test methods and threshold 
levels. Where wastes with high concentrations of soluble sulfides and 
cyanides are managed, generators have relied on their knowledge of the 
waste to classify them as D003. Generators should continue to classify 
their high concentration sulfide- and cyanide-bearing wastes as 
hazardous based on the narrative standard of 261.23(a)(5), as they 
always have been required to do.
    We are interested in public comments on the removal of the 
reactivity guidance from Chapter Seven and on the removal of the 
reactive cyanide and sulfide analytical requirements and threshold 
levels from the conditional delistings.

VII. Proposed Clarifications to Corrosivity and Ignitability Hazardous 
Waste Characteristics

    Sections VII.A and VII.B address proposed revisions to the 
corrosivity characteristic and the ignitability characteristic testing 
requirements. The revisions include changes to references to ASTM 
standards and SW-846 methods. These revisions are non-substantive 
updates of the methods presently used in the regulations and will not 
affect which wastes are determined to be hazardous based on the 
characteristics. We request public comment on each of the proposed 
revisions.

A. Revision to Sec.  261.22(a)(2) To Clarify That SW-846 Method 1110 Is 
the SW-846 Standardized Version of the NACE Standard Specified for 
Corrosivity Characteristic Testing

    Section 261.22(a)(2) defines the hazardous waste characteristic of 
corrosivity for a liquid which corrodes steel. The required test method 
for the determination is identified as ``the test method specified in 
NACE * * * Standard TM-01-69 as standardized in * * * SW-846 * * *'' As 
explained in the May 19, 1980 regulations (see 45 FR 33084) which added 
Sec.  261.22 to the RCRA regulations, EPA standardized the NACE 
Standard TM-01-69 in SW-846. As also explained in the background 
document to the corrosivity characteristic, NACE Standard TM-01-69 
describes a simple immersion test to determine the rate of corrosion, 
and the procedure is not completely standardized because it was 
designed to test the suitability of metals for a variety of uses. In 
1980, a public commenter was concerned that the incomplete 
standardization of the NACE Standard permitted undesired variation in 
test conditions. EPA agreed and, in response to the public comment, put 
a standardized version of the method in SW-846 so that the procedure 
more clearly defined the appropriate test conditions. At the time, we 
did not specify which test method of SW-846 included the standardized 
version of the NACE method. This SW-846 method has always been Method 
1110, ``Corrosivity Toward Steel.'' Therefore, we propose to add the 
number of this method to Sec.  261.22(a)(2) for clarification of which 
SW-846 test method is the standardized version of NACE. This revision 
to Sec.  261.22(a)(2) does not represent a change to the 
characteristic.

B. Revisions to Sec.  261.21(a)(1) To Update References to ASTM 
Standards, To Clarify That SW-846 Methods 1010 and 1020 Reference and 
Use the ASTM Standards Specified for Ignitability Characteristic 
Testing, and To Remove an Unnecessary Referral to Method Equivalency 
Petitions; and Revisions to Sec.  260.11(a)(1) and (2) To Include the 
Updated References

    Section 261.21(a)(1) defines the hazardous waste characteristic of 
ignitability for a liquid which has a flash point less than 60 [deg]C 
(140 [deg]F). For the determination, the section requires the Pensky-
Martens Closed Cup Tester using ASTM Standard D 93-79 or D 93-80, or a 
Setaflash Closed Cup Tester using ASTM Standard D 3278-78. The American 
Society for Testing and Materials (ASTM) has revised these standards. 
We compared the latest versions of the standards with the ones 
currently referenced by Sec.  261.21(a)(1). We found that the 
differences between ASTM Standard D 3278-78 and the new version D 3278-
96 were not substantive and will not affect whether a waste is 
identified as hazardous based on the ignitability characteristic. We 
also compared ASTM Standard D 93-80 with the newer versions D 93-99c 
and D 93-00. Again, we found that the D 93-99c differences were not 
substantial. However, we found that the D 93-00 differences may be 
substantial because that version specifies different sample container 
volumes for different sample types. Specifically, it requires that all 
matrices except residual fuel oil be collected in containers not more 
than 85% or less than 50% full. The revision may significantly affect 
the characteristic results, since the potential to lose flammable 
volatile constituents will be greater from sample containers that may 
now have as much as 50% headspace. We are interested in public comment 
on this evaluation and conclusion. You can review a copy of our ASTM 
standard comparisons in the docket (number RCRA-2002-0025) to this 
proposed rule.
    Given the above, we propose to revise Sec.  261.21(a)(1) so that 
the use of ``ASTM Standard D 93-79 or ASTM Standard D 93-80'' is 
replaced by the use of ``ASTM Standard D 93-99c'' for an ignitability 
characteristic determination using the Pensky-Martens Closed Cup 
Tester. We also request comment on whether we should instead replace 
the older standard with ``ASTM Standard D 93-00.'' Please give detailed 
reasons for your position.
    Likewise, we propose to revise Sec.  261.21(a)(1) whereby the use 
of ``ASTM Standard D 3278-78'' is replaced by the use of ``ASTM 
Standard D 3278-96'' for a determination using the Small Scale Closed 
Cup Apparatus (formerly called the Setaflash Closed Cup Tester in ASTM 
D 3278-78). We also propose to revise the incorporation by reference 
citations for these methods at Sec.  260.11(a)(1) and (2) to reflect 
the updated references of these ASTM methods.
    In addition, the most current versions of SW-846 Method 1010, 
``Pensky-Martens Closed-Cup Method for Determining Ignitability,'' and 
Method 1020, ``Setaflash Closed-Cup Method for Determining 
Ignitability,'' use the above ASTM standards as their method 
procedures. A brief summary of the ASTM procedure is provided by each 
method and the reader is referred to the appropriate ASTM standard for 
information on how to conduct the subject test. Therefore, we propose 
to also revise Sec.  261.21(a)(1) to clarify that the ASTM standards 
for ignitability characteristic determinations are used and referenced 
by the subject SW-846 methods.
    Finally, regarding Sec.  261.21(a)(1), we propose to remove the end 
of the last sentence which refers to the equivalent test method 
demonstration. This information is adequately addressed in Sec. Sec.  
260.20 and 260.21. It is not necessary to repeat the information 
regarding method equivalency petitions in each section of a RCRA 
regulation which requires use of a test method. Also, this revision is 
consistent with similar sections on testing in part 261 and other parts 
of the RCRA regulations.

[[Page 66267]]

    None of the above proposed revisions represent a change to the 
ignitability characteristic.

VIII. Availability of Proposed Update IIIB and Invitation for Public 
Comment on the Update

    SW-846 is a guidance document that changes over time as new 
information and data are developed. Today, we propose to revise several 
methods and chapters of SW-846 and release these revisions as an update 
to the Third Edition of SW-846. To date, EPA has finalized Updates I, 
II, IIA, IIB, III, and IIIA to the Third Edition of the SW-846 manual. 
On May 8, 1998 (see 63 FR 25430) and on November 27, 2000 (see 65 FR 
70678), we also respectively announced the availability of Draft Update 
IVA and Draft Update IVB methods and chapters, which we published for 
guidance purposes only. The revised methods of today's update (Update 
IIIB) are used for method-defined parameters and thus, any required 
uses of those methods will remain in the RCRA regulations (a few of the 
methods are not explicitly required in the current RCRA regulations). 
Therefore, we are formally proposing them today as Update IIIB to SW-
846. Our reasons for the method revisions follow.
    First, as noted earlier, ASTM released Standards D 93-99c, ``Flash 
Point by Pensky-Martins Closed Cup Tester,'' to replace D 93-80 (which 
previously replaced D 93-79) and D 3278-96, ``Flash Point of Liquids by 
Small Scale Closed-Cup Apparatus,'' to replace D 3278-78. The current 
versions of SW-846 Methods 1010 and 1020 reference the older versions 
of those standards. We propose to replace these out-of-date references 
in Methods 1010 and 1020 with references to the newer versions of the 
subject ASTM standards. We also propose to revise the title of Method 
1020 from ``Setaflash Closed-Cup Method for Determining Ignitability'' 
to ``Small Scale Closed Cup Method for Determining Ignitability'' for 
consistency with the title of ASTM Standard D 3278-96. None of the 
above revisions to Methods 1010 and 1020 represent a change to the 
ignitability characteristic.
    We also propose to clarify the surface area equation found in Sec. 
4.5 of Method 1110, ``Corrosivity Toward Steel.'' We have received 
questions from the public indicating that the current equation is not 
sufficiently clear as written, due to the equation font and format. We 
wish to note that the equation shown in the method can be correctly 
followed if one uses the rules for mathematical function precedence 
(addition, subtraction, multiplication, and then division). 
Nevertheless, we are changing Sec. 4.5 of Method 1110 to a format that 
is less subject to misinterpretation. This does not represent a 
significant change to that method or the characteristic because the new 
presentation does not change the equation or calculation result.
    We also propose to include in Update IIIB seven revised methods 
which will be retained at Sec.  260.11(a)(11) because they might be 
required for RCRA-related method-defined parameters. We are also 
revising the text in section 6.0 of most of these methods to remove 
required uses of Chapter Nine during the required uses of those 
methods. We are making these revisions to clarify that use of sampling 
directions found in Chapter Nine of SW-846 is guidance and not required 
under the RCRA Program. These revisions do not modify any required uses 
of the methods in the RCRA regulations or the results from using the 
methods. Regarding Method 9070A, we are adding the suffix ``A'' and a 
method title, which were inadvertently left out during its last 
promulgation as part of Update IIIA.
    To address editorial revisions due to the revised methods, Update 
IIIB will include a revised Table of Contents and revised Chapters 
Five, Six, and Eight. Chapters Five, Six, and Eight will be revised to 
include the new method numbers for the revised methods of Proposed 
Update IIIB. Also, Chapter Seven will be revised to reflect the 
withdrawal of the reactive cyanide and sulfide guidance in sections 
7.3.3 (``Interim Guidance for Reactive Cyanide'') and 7.3.4 (``Interim 
Guidance for Reactive Sulfide''), and to replace certain characteristic 
explanatory text with referrals to the regulations themselves.
    In conclusion, we propose to revise Sec.  260.11(a)(11) to include 
the eleven Update IIIB revised methods described above. Table 5 
provides a listing of the Update IIIB eleven revised SW-846 methods and 
four revised chapters and Table of Contents. The method numbers in the 
table reflect the appropriate method revision letter suffix (e.g., A, 
B, C, etc.). These suffixes are not always reflected in the RCRA 
regulations themselves (e.g., the regulations typically only cite the 
method number without a suffix), nor are they reflected at Sec.  
260.11(a)(11). However, as noted earlier in this proposal, during 
compliance with those regulations, the regulated community must only 
use the latest promulgated revision of those methods as indicated in 
Sec.  260.11(a)(11).
    Table 5 also identifies those sections or parts of each method or 
chapters which are revised and are open for public comment. We will not 
consider comments on the other sections or parts of the methods or 
chapters because those portions are not changed by Proposed Update 
IIIB.

                 Table 5.--Revised Methods and Chapters
------------------------------------------------------------------------
                                                    Sections or parts of
         Method No.             Method or chapter    methods or chapters
                                      title           open for comment
------------------------------------------------------------------------
                              Table of Contents...  References to the
                                                     revised methods.
                              Chapter Five--        References to the
                               Miscellaneous Test.   revised methods.
                              Chapter Six--         References to the
                               Properties.           revised methods.
                              Chapter Seven--       Secs. 7.1.2, 7.2.2,
                               Characteristics       7.3.2, and removal
                               Introduction.         of secs. 7.3.3 and
                                                     7.3.4.
                              Chapter Eight--       References to the
                               Methods for           revised methods.
                               Determining
                               Characteristics.
1010A.......................  Pensky-Martens        Secs. 1.1, 1.2, 2.2,
                               Closed-Cup Method     and 3.1 and ref. 4
                               for Determining       of sec. 4.0.
                               Ignitability.
1020B.......................  Small Scale Closed    Title and secs. 1.1,
                               Cup Method for        1.3, 2.1, and 2.4
                               Determining           and ref. 4 of sec.
                               Ignitability.         4.0.
1110A.......................  Corrosivity Toward    Sec. 4.5.
                               Steel.
1310B.......................  Extraction Procedure  Secs. 1.1 and
                               (EP) Toxicity Test    deleted 6.1
                               Method and
                               Structural
                               Integrity Test.
9010C.......................  Total and Amenable    Secs. 1.1 and
                               Cyanide:              deleted 6.1.
                               Distillation.

[[Page 66268]]

 
9012B.......................  Total and Amenable    Secs. 1.1 and
                               Cyanide (Automated    deleted 6.1.
                               Colorimetric, with
                               Off-line
                               Distillation).
9040C.......................  pH Electrometric      Deleted Sec. 6.1.
                               Measurement.
9045D.......................  Soil and Waste pH...  Deleted Sec. 6.1.
9060A.......................  Total Organic Carbon  Deleted Sec. 6.1.
9070A.......................  n-Hexane Extractable  Title.
                               Material (HEM) for
                               Aqueous Samples.
9095B.......................  Paint Filter Liquids  Deleted Sec. 6.1.
                               Test.
------------------------------------------------------------------------


    Note: A suffix of ``A'' in the method number indicates revision 
one (the method has been revised once). A suffix of ``B'' in the 
method number indicates revision two (the method has been revised 
twice). A suffix of ``C'' in the method number indicates revision 
three (the method has been revised three times).

IX. Proposed Addition of Method 25A to Sec. Sec.  264.1034(c)(1)(ii) 
and (iv) and 265.1034(c)(1)(ii) and (iv)

    We propose to revise Sec. Sec.  264.1034(c)(1)(ii) and (iv) and 
265.1034(c)(1)(ii) and (iv) to allow use of Method 25A, as well as 
Method 18, during analyses in support of air emission standards for 
process vents and/or equipment leaks at hazardous waste management 
facilities. We added the flexibility to use a method other than Method 
18 as a result of feedback from the regulated public. Method 18 is a 
technique best applied when the test matrix is known and the number of 
target compounds is limited. It identifies individual components. On 
the other hand, Method 25A is a total volatile organic compound (VOC) 
measurement method. Members of the regulated public found it difficult 
to effectively use Method 18 in compliance with the subject regulation 
because their sources contain up to hundreds of regulated compounds, 
and because the test matrix changes daily. The Agency believes that 
allowing the use of Method 25A will solve this problem. Also, from an 
environmental protection viewpoint, Method 25A may be more protective 
than Method 18 because it is a total analysis method and responds to 
total volatile organic carbon without differentiating among individual 
components. Therefore, this change will allow the needed method 
selection flexibility without lessening environmental protection. As 
part of this change, we added equations for the calculation of total 
mass flow rates for sources utilizing Method 25A. Both Methods 25A and 
18 are located in 40 CFR part 60, appendix A.

X. Proposed Removal of Requirements from Sec.  63.1208(b)(8)(i) and 
(ii) in the NESHAP Standards to Demonstrate Feedstream Analytes are not 
Present at Certain Levels

    EPA promulgated the National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Hazardous Waste Combustors on September 30, 
1999 pursuant to section 112 of the Clean Air Act. Sections 
63.1208(b)(8)(i) and (ii) require sources, for each feedstream, to 
demonstrate that: (1) Each analyte is not present above the reported 
level at the 80% upper confidence limit around the mean; and (2) the 
analysis could have detected the presence of the constituent at or 
below the reported level at the 80% upper confidence limit around the 
mean.
    Several stakeholders raised concerns about implementing this 
requirement. For example, stakeholders questioned the ability to 
calculate a confidence level around the mean for data distributions 
that are not ``normal.'' Stakeholders also raised the concern that 
applying a confidence level criteria to each individual feedstream 
unnecessarily results in a combined feedstream confidence level that is 
much higher than 80%. While the original intent of these provisions was 
to place a greater emphasis on performance rather than protocol, the 
provisions as written are not clear. For example, the term ``reported 
level'' is not defined and is not used elsewhere in the regulations. 
This makes interpretation and application of these provisions 
difficult.
    Upon re-evaluating this provision, we believe that it is 
inappropriate to require explicit feedstream analytical DQO 
requirements for hazardous waste combustors in the regulations. The 
various questions raised by stakeholders suggest that issues relating 
to feedstream analytical DQOs need to be addressed on a case-by-case 
basis. We therefore propose to delete Sec.  63.1208(b)(8)(i) and (ii). 
We will retain the preceding regulatory language that states ``It is 
your responsibility to ensure that the sampling and analysis procedures 
are unbiased, precise, and that the results are representative of the 
feedstream.'' In addition to the above regulatory language, we note 
that Sec.  63.1209(c) also addresses general feedstream analysis 
requirements. In particular, Sec.  63.1209(c)(1) states that a source 
must, prior to feeding the material, ``obtain an analysis of each 
feedstream that is sufficient to document compliance with the 
applicable feedrate limits.'' We believe that sources should develop 
feedstream analytical DQOs consistent with the general principal of 
ensuring compliance with their applicable feedstream limits.
    We anticipate that hazardous waste combustion sources will 
establish feedstream analytical DQOs that reflect the site-specific 
needs at their particular facility, and include these DQOs in their 
Title V permit (when required by the permitting official) and also in 
their feedstream analysis plan that is required pursuant to Sec.  
63.1209(c). This feedstream analysis plan must be kept on site in the 
operating record, and is subject to review and approval by the 
authorized regulatory Agency upon request.

XI. Announcing the Availability of the RCRA Waste Sampling Draft 
Technical Guidance

A. Why Is the Agency Releasing this Guidance?

    As part of the Agency's efforts towards Innovating for Better 
Environmental Results, we have worked to revise the existing waste 
sampling guidance in Chapter Nine of SW-846. Many advances in waste 
sampling strategies have occurred since the existing waste sampling 
guidance Chapter Nine was initially published in 1986.
    The Agency believes that a critical element in a program design is 
a well-thought out systematic waste sampling or characterization plan 
for evaluating hazardous wastes. This should include consideration of 
approaches to address issues regarding evaluating physical and

[[Page 66269]]

chemical properties of solid waste. We believe it is our obligation to 
provide current guidance and better tools to address these 
environmental monitoring issues in accordance with performance based 
measurement principles.
    Several EPA offices have worked closely together to develop this 
guidance (the Office of Solid Waste, EPA Regions, the Office of 
Research and Development, and the Office of Enforcement and Compliance 
Assurance.) In addition, in order to achieve expert external peer 
review, we have sought and received considerable input from public 
stakeholders knowledgeable about sampling issues and techniques.

B. What Is Included in the Draft Guidance?

    The draft technical guidance contains information on how to develop 
a sampling plan to determine if (1) a solid waste exhibits any of the 
characteristics of a hazardous waste, (2) a hazardous waste is 
prohibited from land disposal regulations, and (3) a numeric treatment 
standard has been met. The guidance can also be used as a tool for 
implementing and assessing your program. In addition, the guidance is 
an excellent resource of information on other guidance documents that 
may help the user meet other sampling objectives such as site 
characterization under the RCRA corrective action programs.
    Finally, the guidance includes a glossary of terms, information on 
fundamental statistical concepts and optimizing the design for 
obtaining the data, examples of how to control variability and bias in 
sampling, guidance on selecting equipment and conducting sampling 
analysis, and information on how to assess data.
    In addition, we believe the guidance is a good working tool for 
planning and implementing your sampling program, and assessing sampling 
information. The guidance includes statistical concepts which can 
promote the development of scientifically sound and effective data. It 
is our intention to provide these statistical concepts in a user-
friendly manner.

C. Will This Guidance Replace the Existing Chapter Nine of SW-846?

    This document will update and replace the original sampling 
guidance version of Chapter Nine found in EPA publication SW-846 when 
the Fourth Edition of SW-846 is published. It is our intention to make 
the guidance available as a stand-alone document titled, ``RCRA Waste 
Sampling Draft Technical Guidance.''
    After receipt of your comments, EPA will evaluate them and then 
revise the guidance as appropriate. The document when finalized will 
replace the existing sampling guidance of Chapter Nine, and SW-846 will 
reference the separate, stand-alone sampling guidance document.

D. Can the Draft Technical Guidance Be Used Now?

    By releasing the guidance, EPA immediately makes available a wealth 
of new statistical concepts, examples, and approaches to waste sampling 
and characterizations. The Agency believes the regulated community and 
others will use the guidance when it is appropriate and beneficial to 
do so. The guidance has undergone extensive technical and peer review 
from EPA's Office of Research and Development (ORD), the American 
Society of Testing and Material (ASTM), and Academia, and is considered 
a useable tool. The guidance is not required, and does not replace any 
regulation or impose any regulatory requirement. Through this 
announcement, we are making it available to assist the public in 
addressing issues regarding waste sampling and characterization. Users 
of the guidance will still be obligated to follow regulations which 
govern any particular program.
    Furthermore, the Agency believes the public will be pleased with 
the information contained in this document and will choose to use it 
immediately when appropriate to do so, because of the quality of 
information provided. The guidance promotes flexibility and cost 
effectiveness in achieving improved technologies in sampling design. 
Finally, the release of the guidance has been requested by the public 
for some time.
    Therefore, we believe that this guidance will become an important 
part of the RCRA program, and will be helpful to users in sampling and 
characterizing waste streams. We are making the draft technical 
guidance available to the public on the Web and in the RCRA docket. 
Please see the instructions in section I.A of the proposed rule for 
obtaining information on the draft technical guidance via the EPA 
Internet website or the RCRA docket.

E. When Will the Guidance Be Finalized?

    The guidance may be finalized through one of two courses of action. 
The Agency may place this guidance on a separate track of its own and 
finalize it soon after careful consideration of all comments received 
under this notice of availability. On the other hand, the Agency may 
announce the availability of the Final Technical Guidance as part of 
the Final Methods Innovation Rule (MIR) package. Depending on the 
extent of comments received, the process may take approximately fifteen 
months.

F. Request for Comment

    The Agency developed the ``RCRA Waste Sampling Draft Technical 
Guidance'' for use by members of both the regulated community and 
regulating authorities. By making it available for public comment, we 
hope to encourage involvement in its development by all stakeholders. 
All portions of the document are open to comment. Your comments will 
help us improve the guidance and ensure that it is most beneficial to 
users. Follow the directions for submitting public comments given in 
section I.B of this proposed rule and notice of availability.

XII. State Authorization Procedures

A. Applicability of Federal Rules in Authorized States

    Under section 3006 of RCRA, EPA may authorize qualified states to 
administer the RCRA hazardous waste program within the state. Following 
authorization, the state requirements authorized by EPA apply in lieu 
of equivalent Federal requirements and become Federally enforceable as 
requirements of RCRA. EPA maintains independent authority to bring 
enforcement actions under RCRA sections 3007, 3008, 3013, and 7003. 
Authorized states also have independent authority to bring enforcement 
actions under state law. A state may receive authorization by following 
the approval process described in 40 CFR part 271. 40 CFR part 271 also 
describes the overall standards and requirements for authorization.
    After a state receives initial authorization, new Federal 
regulatory requirements promulgated under the authority in the RCRA 
statute which existed prior to the 1984 Hazardous and Solid Waste 
Amendments (HSWA) do not apply in that state until the state adopts and 
receives authorization for equivalent state requirements. The state 
must adopt such requirements to maintain authorization.
    In contrast, under RCRA section 3006(g) (i.e., 42 U.S.C. 6926(g)), 
new Federal requirements and prohibitions imposed pursuant to HSWA 
provisions take effect in authorized states at the same time that they 
take effect in unauthorized states. Although authorized states are 
still required to

[[Page 66270]]

update their hazardous waste programs to remain equivalent to the 
Federal program, EPA carries out HSWA requirements and prohibitions in 
authorized states, including the issuance of new permits implementing 
those requirements, until EPA authorizes the state to do so.
    Finally, authorized states are required to modify their programs 
only when EPA promulgates Federal requirements that are more stringent 
or broader in scope than existing Federal requirements. RCRA section 
3009 allows the states to impose standards more stringent than those in 
the Federal program. See also Sec.  271.1(i). Therefore, authorized 
states are not required to adopt Federal regulations, both HSWA and 
non-HSWA, that are considered less stringent.

B. Authorization of States for Today's Proposal

    Today's proposal affects many aspects of the RCRA Program and would 
be promulgated pursuant to both HSWA and non-HSWA statutory authority. 
Therefore, when promulgated, the Agency will add the rule to Table 1 in 
Sec.  271.1(j), which identifies Federal regulations that are 
promulgated pursuant to the statutory authority that was added by HSWA. 
States may apply for final authorization for the HSWA provisions, as 
discussed in the following section of this preamble.
    Today's proposed rule language provides standards that are 
equivalent to or less stringent than the existing provisions in the 
Federal regulations which they would amend. Therefore, States would not 
be required to adopt and seek authorization for this rulemaking. EPA 
would implement this rulemaking only in those states which are not 
authorized for the RCRA Program, and will implement provisions 
promulgated pursuant to HSWA only in those states which have not 
received authorization for the HSWA provision that would be amended. In 
authorized States, the changes will not be applicable until and unless 
the State revises its program to adopt the revisions. (Note: Procedures 
and deadlines for State program revisions are set forth in Sec.  
271.21.)
    This rule will provide significant benefits to EPA, states, and the 
regulated community, without compromising human health or environmental 
protection. Because this rulemaking would not become effective in 
authorized states until they adopted and are authorized for it, EPA 
will strongly encourage states to amend their programs and seek 
authorization for today's proposal, once it becomes final.

C. Abbreviated Authorization Procedures

    EPA considers today's proposal to be a minor rulemaking and is 
proposing to add it to the list of minor or routine rulemakings in 
Table 1 to Sec.  271.21. Placement in this table would enable states to 
use the abbreviated procedures located in Sec.  271.21(h) when they 
seek authorization for today's proposed changes after they are 
promulgated. These abbreviated procedures were established in the HWIR-
media rulemaking (see 63 FR 65927, November 30, 1998). EPA requests 
comment on this placement in Table 1 to Sec.  271.21.

XIII. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether a proposed regulatory action is ``significant,'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The order defines a 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.
    OMB determined that this proposed rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review and the requirements of the 
Executive Order.

B. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA or the 
Act), Pub. L. 104-4, establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on State, local, and 
tribal governments and the private sector. Under section 202 of UMRA, 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed rules and final rules with Federal 
mandates that may result in estimated costs to State, local, and tribal 
governments in the aggregate, or to the private sector, of $100 million 
or more in any one year. When such a statement is needed, section 205 
of the Act generally requires EPA to identify and consider a reasonable 
number of regulatory alternatives. Under section 205, EPA must adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule, unless the Administrator 
explains in the final rule why that alternative was not adopted. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Before EPA establishes regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must develop under section 203 of the Act a small 
government agency plan. The plan must provide for notifying potentially 
affected small governments, giving them meaningful and timely input in 
the development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising them 
on compliance with the regulatory requirements.
    First, this proposed rule does not contain a Federal mandate. The 
proposed rule imposes no enforceable duty on any State, local or tribal 
governments. This proposed rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. This is 
due to the fact that this rule does not add any new regulatory 
requirements and States need not adopt its revisions. This rule only 
revises certain regulatory sections to remove required uses of SW-846 
methods and allow the use of other appropriate methods or to clarify 
allowed flexibility in method selection for meeting RCRA-related 
monitoring requirements. Under RCRA, regardless of the method used--the 
one specified in the regulation or the ``other appropriate method''--
regulated entities should be demonstrating that the method is 
appropriate for its intended use. This rule also does not propose new 
monitoring or information collection requirements. The additional 
flexibility allowed by this rule should result in improved data quality 
at reduced cost. Thus, today's proposed rule is not subject to the 
requirements of sections 202, 203 and 205 of UMRA.

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility

[[Page 66271]]

analysis of any rule subject to notice and comment rulemaking 
requirements under the Administrative Procedure Act or any other 
statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business that is 
independently owned and operated and not dominant in its field as 
defined by Small Business Administration (SBA) regulations under 
Section 3 of the Small Business Act for SIC; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities.'' 5 U.S.C. 603 
and 604. Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule. 
Today's proposed rule, if finalized, is specifically intended to reduce 
economic burden for all entities. The proposed action will provide 
greater flexibility and utility to all effected entities, including 
small entities, by providing an increase in choices of appropriate 
analytical methods for RCRA applications. It does not create any new 
regulatory requirements or require any new reports beyond those now 
required by the revised regulations. In addition, its revisions need 
not be adopted by regulated entities. Such entities can continue to use 
the methods specified in the regulations instead of choosing the option 
to use appropriate methods from other reliable sources. We have 
therefore concluded that today's proposed rule will relieve regulatory 
burden for small entities. We continue to be interested in the 
potential impacts of the proposed rule on small entities and welcome 
comments on issues related to such impacts.

D. Environmental Justice (Executive Order 12898)

    Executive Order 12898, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations,'' February 
11, 1994, requires that regulatory actions be accompanied by an 
environmental justice analysis. This analysis must look at potentially 
disproportionate impacts the action may have on minority and/or low-
income communities.
    The Agency has determined that the proposed action does not raise 
environmental justice concerns. The impact of this proposed rule, if 
finalized, will be to provide increased flexibility in the choice of 
appropriate analytical methods for RCRA applications. The Agency is not 
aware of any disproportionate impacts that such flexibility may have on 
minority and/or low-income communities.

E. Protection of Children from Environmental Health Risks and Safety 
Risks (Executive Order 13045)

    Executive Order 13045, ``Protection of Children From Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This proposed rule is not subject to the Executive Order because it 
is not economically significant as defined in Executive Order 12866. 
Also, EPA interprets Executive Order 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 proposed rule is not 
subject to Executive Order 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks. The 
action discussed in today's proposed rule is intended to provide 
regulatory relief, and thus is not strictly subject to Executive Order 
13045.

F. Consultation and Coordination With Indian Tribal Governments 
(Executive Order 13175)

    Executive Order 13175 (65 FR 67249) entitled, ``Consultation and 
Coordination with Indian Tribal Governments'' requires EPA to develop 
an accountable process to ensure ``meaningful and timely input by 
tribal officials in the development of regulatory policies that have 
tribal implications. ``Policies that have tribal implications'' are 
defined in the Executive Order to include regulations that have 
``substantial direct effects on one or more Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes.''
    Today's proposed rule does not have tribal implications. It will 
not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
For many of the same reasons described above under unfunded mandates, 
the requirements of the Executive Order do not apply to this proposed 
rulemaking. As stated above, this rule does not propose any new 
regulatory requirements and governments need not adopt it. It does not 
impose any direct compliance costs on tribal governments. In the spirit 
of Executive Order 13175, and consistent with EPA policy to promote 
communications between EPA and tribal governments, EPA specifically 
solicits additional comment on this proposed rule from tribal 
officials.

G. Federalism (Executive Order 13132)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national

[[Page 66272]]

government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132. As explained above, today's proposed rule 
does not impose new requirements on the States and its regulatory 
changes need not be adopted by the States. Thus, Executive Order 13132 
does not apply to this rule. Because these changes are equivalent to or 
less stringent than the existing Federal program, states would not be 
required to adopt and seek authorization for them.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

H. National Technology Transfer And Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Pub. L. 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs us 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This proposed rule increases flexibility in the use of methods for 
RCRA-related analyses and does not itself identify or require the use 
of new methods or other technical standards. In fact, this rule, if 
finalized, may increase the use of available voluntary consensus 
standards for some RCRA applications, provided that such methods are 
appropriate for the regulatory application. The only technical 
standards included in this rule include the proposed replacement of 
obsolete references to voluntary consensus standards, in this case ASTM 
Methods D 3278-78 and D 93-79 or D 93-80 for flash point 
determinations, with references to the most recent versions of those 
methods, ASTM Methods D 3278-96 and D 93-99c, in the SW-846 methods 
(Methods 1010 and 1020). The recent versions of the methods are not 
significantly different from the older versions. EPA welcomes comments 
on this aspect of the proposed rulemaking.

I. Energy Effects (Executive Order 13211)

    This proposed rule is not a ``significant energy action'' as 
defined in Executive Order 13211, ``Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Further, 
we have concluded that this proposed rule is not likely to have any 
adverse energy effects.

J. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
There are no additional reporting, notification, or recordkeeping 
provisions associated with today's proposed rule. However, the Office 
of Management and Budget (OMB) has previously approved the information 
collection requirements contained in some of the existing regulations 
being revised by this proposed rule, under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB 
control numbers for those information collection requirements, as 
follows:

--40 CFR 258.28: OMB control number 2050-0122
--40 CFR 260.21 and 260.22: OMB control number 2050-0053
--40 CFR 261.3: OMB control number 2050-0085
--40 CFR 261.35: OMB control number 2050-0115
--40 CRF 264.1034, 264.1063, 265.1034, and 265.1063: OMB control 
number 2050-0050
--40 CFR 266.100, 266.102, 266.106, 266.112, Appendix IX to part 63, 
and 270.22: OMB control number 2050-0073
--40 CFR 270.19: OMB control number 2050-0009
--40 CFR 270.62: OMB control numbers 2050-0009 and 2050-0149
--40 CFR 270.66: OMB control numbers 2050-0073 and 2050-0149
--40 CFR 279.10, 279.44, 279.53 and 279.63: OMB control number 2050-
0124

    Copies of the ICR document(s) may be obtained from Sandy Farmer, by 
mail at the Office of Environmental Information, Collection Strategies 
Division; U.S. Environmental Protection Agency (2822); 1200 
Pennsylvania Ave., NW., Washington, DC 20460, by e-mail at 
[email protected], or by calling (202) 260-2740. A copy may also be 
downloaded off the Internet at http://www.epa.gov/icr. Include the ICR 
and/or OMB number in any correspondence.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.

List of Subjects

40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

40 CFR Part 258

    Environmental protection, Reporting and recordkeeping requirements, 
Waste treatment and disposal, Water pollution control.

40 CFR Part 260

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Incorporation by 
reference, Reporting and recordkeeping requirements.

40 CFR Part 261

    Environmental protection, Comparable fuels, syngas fuels, Excluded 
hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 264

    Environmental protection, Air pollution control, Hazardous waste, 
Insurance, Packaging and containers, Reporting and recordkeeping 
requirements, Security measures, Surety bonds.

40 CFR Part 265

    Environmental protection, Air pollution control, Hazardous waste, 
Insurance, Packaging and containers, Reporting and recordkeeping 
requirements, Security measures, Surety bonds, Water supply.

[[Page 66273]]

40 CFR Part 266

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

40 CFR Part 270

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Reporting and recordkeeping requirements, Water 
pollution control, Water supply.

40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

40 CFR Part 279

    Environmental protection, Petroleum, Recycling, Reporting and 
recordkeeping requirements.

    Dated: October 9, 2002.
Christine Todd Whitman,
Administrator, U.S. Environmental Protection Agency.
    For the reasons set out in the preamble, title 40, Chapter I, of 
the Code of Federal Regulations EPA proposes to amend as set forth 
below:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart EEE--National Emission Standards for Hazardous Air 
Pollutants From Hazardous Waste Combustors

    2. Section 63.1208 is amended by revising paragraph (b)(8) to read 
as follows:


Sec.  63.1208  What are the test methods?

* * * * *
    (b) * * *
    (8) Feedstream analytical methods. You may use any reliable 
analytical method to determine feedstream concentrations of metals, 
chlorine, and other constituents. It is your responsibility to ensure 
that the sampling and analysis procedures are unbiased, precise, and 
that the results are representative of the feedstream.
* * * * *

PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS

    3. The authority citation for part 258 continues to read as 
follows:

    Authority: 33 U.S.C. 1345(d) and (e); 42 U.S.C 6902(a), 6907, 
6912(a), 6944, 6945(c), and 6949a(c).

Subpart C--Operating Criteria

    4. Section 258.28 is amended by revising paragraph (c)(1) to read 
as follows:


Sec.  258.28  Liquids restrictions.

* * * * *
    (c) * * *
    (1) Liquid waste means any waste material that is determined to 
contain ``free liquids'' as defined by Method 9095 (Paint Filter 
Liquids Test), included in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods'' (EPA Publication SW-846), incorporated by 
reference in Sec.  260.11.
* * * * *
    5. Appendix I to part 258 is amended by revising footnote 1 to read 
as follows:

Appendix I to Part 258--Constituents for Detection Monitoring \1\

* * * * *
    \1\ This list contains 47 volatile organics for which 
potentially applicable analytical procedures provided in ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods'' (EPA 
Publication SW-846) include Method 8260; and 15 metals for which SW-
846 provides Methods 6010, and 6020, or the 7000 series of methods.
* * * * *
    6. Appendix II to part 258 is revised as follows:

Appendix II to Part 258--List of Hazardous Inorganic and Organic 
Constituents

------------------------------------------------------------------------
                                                     Chemical abstracts
       Common name \1\              CAS RN \2\       service index name
                                                             \3\
------------------------------------------------------------------------
Acenaphthene.................  83-32-9............  Acenaphthylene, 1,2-
                                                     dihydro-
Acenaphthylene...............  208-96-8...........  Acenaphthylene
Acetone......................  67-64-1............  2-Propanone
Acetonitrile; Methyl cyanide.  75-05-8............  Acetonitrile
Acetophenone.................  98-86-2............  Ethanone, 1-phenyl-
2-Acetylaminofluorene; 2-AAF.  53-96-3............  Acetamide, N-9H-
                                                     fluoren-2-yl-
Acrolein.....................  107-02-8...........  2-Propenal
Acrylonitrile................  107-13-1...........  2-Propenenitrile
Aldrin.......................  309-00-2...........  1,4:5,8-
                                                     Dimethanonaphthalen
                                                     e, 1,2,3,4,10,10-
                                                     hexachloro-
                                                     1,4,4a,5,8,8a-
                                                     hexahydro-
                                                     (1,4,4a,5,8,8a)-
Allyl chloride...............  107-05-1...........  1-Propene, 3-chloro-
4-Aminobiphenyl..............  92-67-1............  [1,1'-Biphenyl]- 4-
                                                     amine
Anthracene...................  120-12-7...........  Anthracene
Antimony.....................  (Total)............  Antimony
Arsenic......................  (Total)............  Arsenic
Barium.......................  (Total)............  Barium
Benzene......................  71-43-2............  Benzene
Benzo[a]anthracene;            56-55-3............  Benz[a]anthracene
 Benzanthracene.
Benzo[b]fluoranthene.........  205-99-2...........  Benz[e]acephenanthry
                                                     lene
Benzo[k]fluoranthene.........  207-08-9...........  Benzo[k]fluoranthene
Benzo[ghi]perylene...........  191-24-2...........  Benzo[ghi]perylene
Benzo[a]pyrene...............  50-32-8............  Benzo[a]pyrene
Benzyl alcohol...............  100-51-6...........  Benzenemethanol
Beryllium....................  (Total)............  Beryllium
alpha-BHC....................  319-84-6...........  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[alpha]
                                                     ,3[beta],4[alpha],5
                                                     [beta],6[beta])-
beta-BHC.....................  319-85-7...........  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[beta],
                                                     3[alpha],4[beta],5[
                                                     alpha],6[beta])-
delta-BHC....................  319-86-8...........  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[alpha]
                                                     ,3[alpha],4[beta],5
                                                     [alpha],6[beta])-
gamma-BHC; Lindane...........  58-89-9............  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[alpha]
                                                     ,3[beta],4[alpha],5
                                                     [alpha],6[beta])-

[[Page 66274]]

 
Bis(2-chloroethoxy)methane...  111-91-1...........  Ethane, 1,1'-
                                                     [methylenebis
                                                     (oxy)]bis [2-chloro-
 
Bis(2-chloroethyl)ether;       111-44-4...........  Ethane, 1,1'-
 Dichloroethyl ether.                                oxybis[2-chloro-
Bis(2-chloro-1-methylethyl)    108-60-1...........  Propane, 2,2'-
 ether; 2,2'-                                        oxybis[1-chloro-
 Dichlorodiisopropyl ether;
 DCIP, See note 4.
Bis(2-ethylhexyl) phthalate..  117-81-7...........  1,2-
                                                     Benzenedicarboxylic
                                                     acid, bis(2-
                                                     ethylhexyl)ester
Bromochloromethane;            74-97-5............  Methane, bromochloro-
 Chlorobromethane.
Bromodichloromethane;          75-27-4............  Methane,
 Dibromochlormethane.                                bromodichloro-
Bromoform; Tribromomethane...  75-25-2............  Methane, tribromo-
4-Bromophenyl phenyl ether...  101-55-3...........  Benzene, 1-bromo-4-
                                                     phenoxy-
Butyl benzyl phthalate;        85-68-7............  1,2-
 Benzyl butyl phthalate.                             Benzenedicarboxylic
                                                     acid, butyl
                                                     phenylmethyl ester
Cadmium......................  (Total)............  Cadmium
Carbon disulfide.............  75-15-0............  Carbon disulfide
Carbon tetrachloride.........  56-23-5............  Methane, tetrachloro-
 
Chlordane....................  57-74-9............  4,7-Methano-1H-
                                                     indene,
                                                     1,2,4,5,6,7,8,8-
                                                     octachloro-
                                                     2,3,3a,4,7,7a-
                                                     hexahydro-
p-Chloroaniline..............  106-47-8...........  Benzenamine, 4-
                                                     chloro-
Chlorobenzene................  108-90-7...........  Benzene, chloro-
Chlorobenzilate..............  510-15-6...........  Benzeneacetic acid,
                                                     4-chloro- -(4-
                                                     chlorophenyl)- -
                                                     hydroxy-, ethyl
                                                     ester.
p-Chloro-m-cresol; 4-Chloro-3- 59-50-7............  Phenol, 4-chloro-3-
 methylphenol.                                       methyl-
Chloroethane; Ethyl chloride.  75-00-3............  Ethane, chloro-
Chloroform; Trichloromethane.  67-66-3............  Methane, trichloro-
2-Chloronaphthalene..........  91-58-7............  Naphthalene, 2-
                                                     chloro-
2-Chlorophenol...............  95-57-8............  Phenol, 2-chloro-
4-Chlorophenyl phenyl ether..  7005-72-3..........  Benzene, 1-chloro-4-
                                                     phenoxy-
Chloroprene..................  126-99-8...........  1,3-Butadiene, 2-
                                                     chloro-
Chromium.....................  (Total)............  Chromium
Chrysene.....................  218-01-9...........  Chrysene
Cobalt.......................  (Total)............  Cobalt
Copper.......................  (Total)............  Copper
m-Cresol; 3-Methylphenol.....  108-39-4...........  Phenol, 3-methyl-
o-Cresol; 2-Methylphenol.....  95-48-7............  Phenol, 2-methyl-
p-Cresol; 4-Methylphenol.....  106-44-5...........  Phenol, 4-methyl-
Cyanide......................  57-12-5............  Cyanide
2,4-D; 2,4-                    94-75-7............  Acetic acid, (2,4-
 Dichlorophenoxyacetic acid.                         dichlorophenoxy)-
4,4'-DDD.....................  72-54-8............  Benzene 1,1'-(2,2-
                                                     dichloroethylidene)
                                                     bis[4-chloro-
4,4'-DDE.....................  72-55-9............  Benzene, 1,1'-
                                                     (dichloroethenylide
                                                     ne) bis[4- chloro-
4,4'-DDT.....................  50-29-3............  Benzene, 1,1'-(2,2,2-
                                                      trichloroethyliden
                                                     e) bis[4-chloro-
Diallate.....................  2303-16-4..........  Carbamothioic acid,
                                                     bis(1- methylethyl)-
                                                     , S- (2,3-dichloro-
                                                     2-propenyl) ester.
Dibenz[a,h]anthracene........  53-70-3............  Dibenz[a,h]anthracen
                                                     e
Dibenzofuran.................  132-64-9...........  Dibenzofuran
Dibromochloromethane;Chlorodi  124-48-1...........  Methane,
 bromomethane.                                       dibromochloro-
1,2-Dibromo-3-chloropropane;.  96-12-8............  Propane, DBCP 1,2-
                                                     dibromo-3-chloro-
1,2-Dibromoethane; Ethylene    106-93-4...........  Ethane, 1,2-dibromo-
 dibromide; EDB.
Di-n-butyl phthalate.........  84-74-2............  1,2-
                                                     Benzenedicarboxylic
                                                     acid, dibutyl ester
o-Dichlorobenzene; 1,2-        95-50-1............  Benzene, 1,2-
 Dichlorobenzene.                                    dichloro-
m-Dichlorobenzene; 1,3-        541-73-1...........  Benzene, 1,3-
 Dichlorobenzene.                                    dichloro-
p-Dichlorobenzene; 1,4-        106-46-7...........  Benzene, 1,4-
 Dichlorobenzene.                                    dichloro-
3,3'-Dichlorobenzidine.......  91-94-1............  [1,1'-Biphenyl]-4,4'-
                                                      diamine, 3,3'-
                                                     dichloro-
trans-1,4-Dichloro-2-butene..  110-57-6...........  2-Butene, 1,4-
                                                     dichloro-, (E)-
Dichlorodifluoromethane; CFC   75-71-8............  Methane,
 12.                                                 dichlorodifluoro-
1,1-Dichloroethane;            75-34-3............  Ethane, 1,1-dichloro-
 Ethyldidene chloride.
1,2-Dichloroethane; Ethylene   107-06-2...........  Ethane, 1,2-dichloro-
 dichloride.
1,1-Dichloroethylene; 1,1-     75-35-4............  Ethene, 1,1-dichloro-
 Dichloroethene; Vinylidene
 chloride.
cis-1,2-Dichloroethylene; cis- 156-59-2...........  Ethene, 1,2-dichloro-
 1,2-Dichloroethene.                                 (Z)-
trans-1,2-Dichloroethylene;    156-60-5...........  Ethene, 1,2-dichloro-
 trans-1,2-Dichloroethene.                           , (E)-
2,4-Dichlorophenol...........  120-83-2...........  Phenol, 2,4-dichloro-
 
2,6-Dichlorophenol...........  87-65-0............  Phenol, 2,6-dichloro-
 
1,2-Dichloropropane..........  78-87-5............  Propane, 1,2-
                                                     dichloro-
1,3-Dichloropropane;           142-28-9...........  Propane, 1,3-
 Trimethylene dichloride.                            dichloro-
2,2-Dichloropropane;           594-20-7...........  Propane, 2,2-
 Isopropylidene chloride.                            dichloro-
1,1-Dichloropropene..........  563-58-6...........  1-Propene, 1,1-
                                                     dichloro-
cis-1,3-Dichloropropene......  10061-01-5.........  1-Propene, 1,3-
                                                     dichloro-, (Z)-
trans-1,3-Dichloropropene....  10061-02-6.........  1-Propene, 1,3-
                                                     dichloro-, (E)-
Dieldrin.....................  60-57-1............  2,7:3,6-
                                                     Dimethanonaphth
                                                     [2,3-b]oxirene,
                                                     3,4,5,6,9,9-
                                                     hexachloro-
                                                     1a,2,2a,3,6,6a,7,7a-
                                                      octahydro-,
                                                     (1a[agr]2[beta],
                                                     2a[agr], 3[beta],
                                                     6[beta], 6a[agr],
                                                     7[beta],7a[agr])-
Diethyl phthalate............  84-66-2............  1,2-
                                                     Benzenedicarboxylic
                                                     acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl      297-97-2...........  Phosphorothioic
 phosphorothioate; Thionazin.                        acid, O,O- diethyl
                                                     O-pyrazinyl ester.
Dimethoate...................  60-51-5............  Phosphorodithioic
                                                     acid, O,O-dimethyl
                                                     S-[2-(methylamino)-
                                                     2-oxoethyl] ester
p-(Dimethylamino)azobenzene..  60-11-7............  Benzenamine, N,N-
                                                     dimethyl-4-
                                                     (phenylazo)-
7,12-                          57-97-6............  Benz[a]anthracene,
 Dimethylbenz[a]anthracene.                          7,12- dimethyl-

[[Page 66275]]

 
3,3'-Dimethylbenzidine.......  119-93-7...........  [1,1'-Biphenyl]-4,4'-
                                                     diamine, 3,3'-
                                                     dimethyl-
alpha, alpha-                  122-09-8...........  Benzeneethanamine,[a
 Dimethylphenethylamine.                             gr], [agr]-dimethyl-
 
2,4-Dimethylphenol; m-Xylenol  105-67-9...........  Phenol, 2,4-dimethyl-
 
Dimethyl phthalate...........  131-11-3...........  1,2-
                                                     Benzenedicarboxylic
                                                     acid, dimethyl
                                                     ester
m-Dinitrobenzene.............  99-65-0............  Benzene, 1,3-dinitro-
 
          4,6-Dinitro-o-       534-52-1...........  Phenol, 2-methyl-4,6-
           cresol; 4,6-                              dinitro-
           Dinitro-2-
           methylphenol.
2,4-Dinitrophenol............  51-28-5............  Phenol, 2,4-dinitro-
2,4-Dinitrotoluene...........  121-14-2...........  Benzene, 1-methyl-
                                                     2,4-dinitro-
2,6-Dinitrotoluene...........  606-20-2...........  Benzene, 2-methyl-
                                                     1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl-    88-85-7............  Phenol, 2-(1-
 4,6-dinitrophenol.                                  methylpropyl)-4,6-
                                                     dinitro-
Di-n-octyl phthalate.........  117-84-0...........  1,2-
                                                     Benzenedicarboxylic
                                                     acid, dioctyl ester
Diphenylamine................  122-39-4...........  Benzenamine, N-
                                                     phenyl-
Disulfoton...................  298-04-4...........  Phosphorodithioic
                                                     acid, O,O- diethyl
                                                     S-[2-
                                                     (ethylthio)ethyl]
                                                     ester
Endosulfan I.................  959-98-8...........  6,9-Methano-2,4,3-
                                                     benzodiox-
                                                     athiepin,
                                                     6,7,8,9,10,10-
                                                     hexachloro-
                                                     1,5,5a,6,9,9a-
                                                     hexahydro-, 3-
                                                     oxide,
Endosulfan II................  33213-65-9.........  6,9-Methano-2,4,3-
                                                     benzodioxathiepin,
                                                     6,7,8,9,10,10-
                                                     hexachloro-
                                                     1,5,5a,6,9,9a-
                                                     hexahydro-, 3-
                                                     oxide, (3[agr],
                                                     5a[agr], 6[beta],
                                                     9[beta], 9a[agr])-
Endosulfan sulfate...........  1031-07-8..........  6,9-Methano-2,4,3-
                                                     benzodioxathiepin,
                                                     6,7,8,9,10,10-
                                                     hexachloro-
                                                     1,5,5a,6,9,9a-
                                                     hexahydro-, 3,3-
                                                     dioxide
Endrin.......................  72-20-8............  2,7:3,6-
                                                     Dimethanonaphth[2,3-
                                                      b]oxirene,
                                                     3,4,5,6,9,9-
                                                     hexachloro-
                                                     1a,2,2a,3,6,6a,7,7a-
                                                      octahydro-,
                                                     (1a[agr], 2[beta],
                                                     2a[beta], 3[agr],
                                                     6[agr], 6a[beta],
                                                     7[beta], 7a[agr])-
Endrin aldehyde..............  7421-93-4..........  1,2,4-Methe nocyclo-
                                                     penta[cd] pentalene-
                                                      5-
                                                     carboxaldehyde,2,2a
                                                     ,3,3,4,7- hexa-
                                                     chlorodecahydro-
                                                     ,(1[agr], 2[beta],
                                                     2a[beta],
                                                     4[beta],4a[beta],5[
                                                     beta],6a[beta],6b[b
                                                     eta],7R*)-
Ethylbenzene.................  100-41-4...........  Benzene, ethyl-
Ethyl methacrylate...........  97-63-2............  2-Propenoic acid, 2-
                                                     methyl-, ethyl
                                                     ester
Ethyl methanesulfonate.......  62-50-0............  Methanesulfonic
                                                     acid, ethyl ester
Famphur......................  52-85-7............  Phosphorothioic
                                                     acid, O-[4-
                                                     [(dimethylamino)sul
                                                     fonyl]pheny l]-O,O-
                                                     dimethyl ester
Fluoranthene.................  206-44-0...........  Fluoranthene
Fluorene.....................  86-73-7............  9H-Fluorene
Heptachlor...................  76-44-8............  4,7-Methano-1H-
                                                     indene,1,4,5,6,7,8,
                                                     8-heptachloro-
                                                     3a,4,7,7a-
                                                     tetrahydro-
Heptachlor epoxide...........  1024-57-3..........  2,5-Methano-2H-
                                                     indeno[1,2-
                                                     b]oxirene,
                                                     2,3,4,5,6,7,7-
                                                     heptachloro-
                                                     1a,1b,5,5a,6,6a,-
                                                     hexahydro-
                                                     ,(1a[agr],1b[beta],
                                                     2[agr],5[agr],5a[be
                                                     ta],6[beta],6a[agr]
                                                     )
Hexachlorobenzene............  118-74-1...........  Benzene, hexachloro-
Hexachlorobutadiene..........  87-68-3............  1,3-Butadiene,
                                                     1,1,2,3,4,4-
                                                     hexachloro-
Hexachlorocyclopentadiene....  77-47-4............  1,3-Cyclopentadiene,
                                                     1,2,3,4,5,5-
                                                     hexachloro-
Hexachloroethane.............  67-72-1............  Ethane, hexachloro-
Hexachloropropene............  1888-71-7..........  1-Propene,
                                                     1,1,2,3,3,3-
                                                     hexachloro-
2-Hexanone; Methyl butyl       591-78-6...........  2-Hexanone
 ketone.
Indeno(1,2,3-cd)pyrene.......  193-39-5...........  Indeno[1,2,3-
                                                     cd]pyrene
Isobutyl alcohol.............  78-83-1............  1-Propanol, 2-methyl-
 
Isodrin......................  465-73-6...........  1,4,5,8-
                                                     Dimethanonaphthalen
                                                     e,1,2,3,4,1 0,10-
                                                     hexachloro-
                                                     1,4,4a,5,8,8a
                                                     hexahydro-
                                                     (1[agr],4[agr],4a[b
                                                     eta],5[beta],8[beta
                                                     ],8a[beta])-
Isophorone...................  78-59-1............  2-Cyclohexen-1-one,
                                                     3,5,5- trimethyl-
Isosafrole...................  120-58-1...........  1,3-Benzodioxole, 5-
                                                     (1-propenyl)-
Kepone.......................  143-50-0...........  1,3,4-Metheno-2H-
                                                     cyclobuta-
                                                     [cd]pentalen-2-one,
                                                     1,1a,3,3a,4,5,5,5a,
                                                     5b,6-
                                                     decachlorooctahydro-
 
Lead.........................  (Total)............  Lead
Mercury......................  (Total)............  Mercury
Methacrylonitrile............  126-98-7...........  2-Propenenitrile, 2-
                                                     methyl-
Methapyrilene................  91-80-5............  1,2,Ethanediamine,
                                                     N,N-dimethyl-N'-2-
                                                     pyridinyl- N'-(2-
                                                     thienylmethyl)-
Methoxychlor.................  72-43-5............  Benzene, 1,1'-
                                                     (2,2,2,trichloroeth
                                                     ylidene)bis [4-
                                                     methoxy-
Methyl bromide; Bromomethane.  74-83-9............  Methane, bromo-
Methyl chloride;               74-87-3............  Methane, chloro-
 Chloromethane.
3-Methylcholanthrene.........  56-49-5............  Benz[j]aceanthrylene
                                                     , 1,2- dihydro-3-
                                                     methyl-
Methyl ethyl ketone; MEK; 2-   78-93-3............  2-Butanone
 Butanone.
Methyl iodide; Iodomethane...  74-88-4............  Methane, iodo-
Methyl methacrylate..........  80-62-6............  2-Propenoic acid, 2-
                                                     methyl-, methyl
                                                     ester
Methyl methanesulfonate......  66-27-3............  Methanesulfonic
                                                     acid, methyl ester
2-Methylnaphthalene..........  91-57-6............  Naphthalene, 2-
                                                     methyl-
Methyl parathion; Parathion    298-00-0...........  Phosphorothioic
 methyl.                                             acid, O,O-dimethyl
4-Methyl-2-pentanone; Methyl   108-10-1...........  2-Pentanone, 4-
 isobutyl ketone.                                    methyl-
Methylene bromide;             74-95-3............  Methane, dibromo-
 Dibromomethane.
Methylene chloride;            75-09-2............  Methane, dichloro-
 Dichloromethane.
Naphthalene..................  91-20-3............  Naphthalene
1,4-Naphthoquinone...........  130-15-4...........  1,4-Naphthalenedione
1-Naphthylamine..............  134-32-7...........  1-Naphthalenamine

[[Page 66276]]

 
2-Naphthylamine..............  91-59-8............  2-Naphthalenamine
Nickel.......................  (Total)............  Nickel
o-Nitroaniline; 2-             88-74-4............  Benzenamine, 2-nitro-
 Nitroaniline.
m-Nitroaniline; 3-             99-09-2............  Benzenamine, 3-nitro-
 Nitroaniline.
p-Nitroaniline; 4-             100-01-6...........  Benzenamine, 4-nitro-
 Nitroaniline.
Nitrobenzene.................  98-95-3............  Benzene, nitro-
o-Nitrophenol; 2-Nitrophenol.  88-75-5............  Phenol, 2-nitro-
p-Nitrophenol; 4-Nitrophenol.  100-02-7...........  Phenol, 4-nitro-
N-Nitrosodi-n-butylamine.....  924-16-3...........  1-Butanamine, N-
                                                     butyl-N-nitroso-
N-Nitrosodiethylamine........  55-18-5............  Ethanamine, N-ethyl-
                                                     N-nitroso-
N-Nitrosodimethylamine.......  62-75-9............  Methanamine, N-
                                                     methyl-N-nitroso-
N-Nitrosodiphenylamine.......  86-30-6............  Benzenamine, N-
                                                     nitroso-N-phenyl-
N-Nitrosodipropylamine; N-     621-64-7...........  1-Propanamine, N-
 Nitroso-N-dipropylamine; Di-                        nitroso-N-propyl-
 n-propylnitrosamine.
N-Nitrosomethylethalamine....  10595-95-6.........  Ethanamine, N-methyl-
                                                     N-nitroso-
N-Nitrosopiperidine..........  100-75-4...........  Piperidine, 1-
                                                     nitroso-
N-Nitrosopyrrolidine.........  930-55-2...........  Pyrrolidine, 1-
                                                     nitroso-
5-Nitro-o-toluidine..........  99-55-8............  Benzenamine, 2-
                                                     methyl-5-nitro-
Parathion....................  56-38-2............  Phosphorothioic
                                                     acid, O,O- diethyl-
                                                     O-(4-nitrophenyl)
                                                     ester
Pentachlorobenzene...........  608-93-5...........  Benzene, pentachloro-
 
Pentachloronitrobenzene......  82-68-8............  Benzene,
                                                     pentachloronitro-
Pentachlorophenol............  87-86-5............  Phenol, pentachloro-
Phenacetin...................  62-44-2............  Acetamide, N-(4-
                                                     ethoxyphenyl)
Phenanthrene.................  85-01-8............  Phenanthrene
Phenol.......................  108-95-2...........  Phenol
p-Phenylenediamine...........  106-50-3...........  1,4-Benzenediamine
Phorate......................  298-02-2...........  Phosphorodithioic
                                                     acid, O,O-diethyl S-
                                                     [(ethylthio)methyl]
                                                     ester
Polychlorinated biphenyls;     See Note 6.........  1,1'-Biphenyl,
 PCBs.                                               chloro derivatives
Pronamide....................  23950-58-5.........  Benzamide, 3,5-
                                                     dichloro-N-(1,1-
                                                     dimethyl-2-
                                                     propynyl)-
Propionitrile; Ethyl cyanide.  107-12-0...........  Propanenitrile
Pyrene.......................  129-00-0...........  Pyrene
Safrole......................  94-59-7............  1,3-Benzodioxole, 15-
                                                     (2-propenyl)-
Selenium.....................  (Total)............  Selenium
Silver.......................  (Total)............  Silver
Silvex; 2,4,5-TP.............  93-72-1............  Propanoic acid, 12-
                                                     (2,4,5-
                                                     trichlorophenoxy)-
Styrene......................  100-42-5...........  Benzene, ethenyl-
Sulfide......................  18496-25-8.........  Sulfide
2,4,5-T; 2,4,5-                93-76-5............  Acetic acid, (2,4,5-
 Trichlorophenoxyacetic acid.                        trichlorophenoxy)-
2,3,7,8-TCDD; 2,3,7,8-         1746-01-6..........  Dibenzo[b,e][1,4]dio
 Tetrachlorodibenzo-p-dioxin.                        xin, 2,3,7,8-
                                                     tetrachloro-
1,2,4,5-Tetrachlorobenzene...  95-94-3............  Benzene, 1,2,4,5-
                                                     tetrachloro-
1,1,1,2-Tetrachloroethane....  630-20-6...........  Ethane, 1,1,1,2-
                                                     tetrachloro-
1,1,2,2-Tetrachloroethane....  79-34-5............  Ethane, 1,1,2,2-
                                                     tetrachloro-
Tetrachloroethylene;           127-18-4...........  Ethene, tetrachloro-
 Tetrachloroethene;
 Perchloroethylene.
2,3,4,6-Tetrachlorophenol....  58-90-2............  Phenol, 2,3,4,6-
                                                     tetrachloro-
Thallium.....................  (Total)............  Thallium
Tin..........................  (Total)............  Tin
Toluene......................  108-88-3...........  Benzene, methyl-
o-Toluidine..................  95-53-4............  Benzenamine, 2-
                                                     methyl-
Toxaphene....................  See Note 7.........  Toxaphene
1,2,4-Trichlorobenzene.......  120-82-1...........  Benzene, 1,2,4-
                                                     trichloro-
1,1,1-Trichloroethane;         71-55-6............  Ethane, 1,1,1-
 Methylchloroform.                                   trichloro-
1,1,2-Trichloroethane........  79-00-5............  Ethane, 1,1,2-
                                                     trichloro-
Trichloroethylene;             79-01-6............  Ethene, trichloro-
 Trichloroethene.
Trichlorofluoromethane; CFC-   75-69-4............  Methane,
 11.                                                 trichlorofluoro-
2,4,5-Trichlorophenol........  95-95-4............  Phenol, 2,4,5-
                                                     trichloro-
2,4,6-Trichlorophenol........  88-06-2............  Phenol, 2,4,6-
                                                     trichloro-
1,2,3-Trichloropropane.......  96-18-4............  Propane, 1,2,3-
                                                     trichloro-
O,O,O-Triethyl                 126-68-1...........  Phosphorothioic
 phosphorothioate.                                   acid, O,O,O-
                                                     triethyl ester
sym-Trinitrobenzene..........  99-35-4............  Benzene, 1,3,5-
                                                     trinitro-
Vanadium.....................  (Total)............  Vanadium
Vinyl acetate................  108-05-4...........  Acetic acid, ethenyl
                                                     ester
Vinyl chloride; Chloroethene.  75-01-4............  Ethene, chloro-
Xylene (total)...............  See Note 8.........  Benzene, dimethyl-
Zinc.........................  (Total)............  Zinc
------------------------------------------------------------------------
\1\ Common names are those widely used in government regulations,
  scientific publications, and commerce; synonyms exist for many
  chemicals.
\2\ Chemical Abstracts Service registry number. Where ``Total'' is
  entered, all species in the ground water that contain this element are
  included.
\3\ CAS index names are those used in the 9th Cumulative Index.
\4\ This substance is often called Bis(2-chloroisopropyl) ether, the
  name Chemical Abstracts Service applies to its noncommercial isomer,
  Propane, 2,2''-oxybis[2-chloro-(CAS RN 39638-32-9).
\5\ Chlordane: This entry includes alpha-chlordane (CAS RN 5103-71-9),
  beta-chlordane (CAS RN 5103-74-2), gamma-chlordane (CAS RN 5566-34-7),
  and constituents of chlordane (CAS RN 57-74-9 and CAS RN 12789-03-6).
\6\ Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains
  congener chemicals, including constituents of Aroclor-1016 (CAS RN
  12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN
  11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN
  12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS
  RN 11096-82-5).

[[Page 66277]]

 
\7\ Toxaphene: This entry includes congener chemicals contained in
  technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene.
\8\ Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-
  xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified
  xylenes (dimethylbenzenes) (CAS RN 1330-20-7).

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

    7. The authority citation for part 260 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 
6937, 6938, 6939, and 6974.

Subpart B--Definitions

    8. Section 260.11 is amended by revising paragraphs (a)(1) and (2) 
and (a)(11) to read as follows:


Sec.  260.11  References.

    (a) * * *
    (1) ``ASTM Standard Test Methods for Flash Point of Liquids by 
Small Scale Closed-Cup Apparatus,'' ASTM Standard D 3278-96, available 
from American Society for Testing and Materials, at 100 Barr Harbor 
Drive, West Conshohocken, PA 19428, http://www.astm.org, or from Global 
Engineering Documents, 15 Iverness Way East, Englewood, CO 80112, 1-
800-854-7179, http://global.ihs.com.
    (2) ``ASTM Standard Test Methods for Flash-Point by Pensky-Martens 
Closed Cup Tester,'' ASTM Standard D 93-99c, available from American 
Society for Testing and Materials, at 100 Barr Harbor Drive, West 
Conshohocken, PA 19428, http://www.astm.org, or from Global Engineering 
Documents, 15 Iverness Way East, Englewood, CO 80112, 1-800-854-7179, 
http://global.ihs.com.
* * * * *
    (11) The following methods found in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, Third 
Edition, as grouped and identified by date (found in bottom right 
corner of method) and promulgated updated version: Methods 0010, 0020, 
0030, and 1320, dated September 1986 and in the Basic Manual; Methods 
1311 and 1330, dated July 1992 and in Update I; Method 1312 dated 
September 1994 and in Update II; Methods 0011, 0023, 0031, 0040, 0050, 
0051, 0060, 0061, 3542, and 5041, dated December 1996 and in Update 
III; Method 9071 dated April 1998 and in Update IIIA; Methods 1010, 
1020, 1110, 1310, 9010, 9012, 9040, 9045, 9060, 9070, and 9095, dated 
[to be determined at publication of final rule] and in Update IIIB. The 
Third Edition of SW-846 and Updates I, II, IIA, IIB, III, and IIIB 
(document number 955-001-00000-1) are available from the Superintendent 
of Documents, U.S. Government Printing Office, Washington, DC 20402, 
(202) 512-1800. Update IIIA is available through EPA's Methods 
Information Communication Exchange (MICE) Service. MICE can be 
contacted by phone at (703) 676-4690. Copies of the Third Edition of 
SW-846 and its updates are also available from the National Technical 
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 
22161, (703) 605-6000 or (800) 553-6847. The above methods are also 
available on the Internet at http://www.epa.gov/SW-846/. Copies of the 
methods incorporated by reference may be inspected at the Library, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460; or at the Office of the Federal Register, 800 North Capitol 
Street, NW, Suite 700, Washington, DC.
* * * * *

Subpart C--Rulemaking Petitions

    9. Section 260.21 is amended by revising paragraph (d) to read as 
follows:


Sec.  260.21  Petitions for equivalent testing or analytical methods.

* * * * *
    (d) If the Administrator amends the regulations to permit use of a 
new testing method, the method will be incorporated by reference in 
Sec.  260.11 and added to ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, U.S. Environmental 
Protection Agency, Office of Solid Waste, Washington, DC 20460.
    10. Section 260.22 is amended by revising paragraph (d)(1)(i) to 
read as follows:


Sec.  260.22  Petitions to amend part 261 to exclude a waste produced 
at a particular facility.

* * * * *
    (d) * * *
    (1) * * *
    (i) Does not contain the constituent or constituents (as defined in 
Appendix VII of part 261 of this chapter) that caused the Administrator 
to list the waste, by using appropriate methods such as those found in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, or other reliable sources; or
* * * * *

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    11. 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.

Subpart A--General

    12. Section 261.3 is amended by revising paragraph (a)(2)(v) 
introductory text to read as follows:


Sec.  261.3  Definition of hazardous waste.

    (a) * * *
    (2) * * *
    (v) Rebuttable presumption for used oil. Used oil containing more 
than 1000 ppm total halogens is presumed to be a hazardous waste 
because it has been mixed with halogenated hazardous waste listed in 
subpart D of part 261 of this chapter. Persons may rebut this 
presumption by demonstrating that the used oil does not contain 
hazardous waste (for example, by using appropriate methods such as 
those found in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, or other reliable sources 
to show that the used oil does not contain significant concentrations 
of halogenated hazardous constituents listed in appendix VIII of part 
261 of this chapter).
* * * * *

Subpart C--Characteristics of Hazardous Waste

    13. Section 261.21 is amended by revising paragraph (a)(1) to read 
as follows:


Sec.  261.21  Characteristic of ignitability.

    (a) * * *
    (1) It is a liquid, other than an aqueous solution containing less 
than 24 percent alcohol by volume and has flash point less than 60 
[deg]C (140 [deg]F), as determined by a Pensky-Martens Closed Cup 
Tester, using the test method specified in ASTM Standard D 93-99c 
(incorporated by reference, see Sec.  260.11) which is used and 
referenced by Method 1010 of ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846 (incorporated by 
reference, see Sec.  260.11), or a Small Scale Closed-Cup Apparatus, 
using the test method specified in ASTM Standard D 3278-96 
(incorporated by reference, see Sec.  260.11) which is used and 
referenced by

[[Page 66278]]

Method 1020 of ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846 (incorporated by reference, 
see Sec.  260.11).
* * * * *
    14. Section 261.22 is amended by revising paragraph (a)(2) 
introductory text to read as follows:


Sec.  261.22  Characteristic of corrosivity.

    (a) * * *
    (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater 
than 6.35 mm (0.250 inch) per year at a test temperature of 55 [deg]C 
(130 [deg]F) as determined by the test method specified in NACE 
(National Association of Corrosion Engineers) Standard TM-01-69 as 
standardized as Method 1110 in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' EPA Publication SW-846, and as 
incorporated by reference in Sec.  260.11 of this chapter.
* * * * *

Subpart D--Lists of Hazardous Wastes

    15. Section 261.35 is amended by revising paragraphs (b)(2)(iii)(A) 
and (B) to read as follows:


Sec.  261.35  Deletion of certain hazardous waste codes following 
equipment cleaning and replacement.

* * * * *
    (b) * * *
    (2) * * *
    (iii) * * *
    (A) Rinses must be tested by using appropriate methods such as 
Method 8290 of ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods'' (EPA Publication SW-846) or appropriate methods from 
other reliable sources.
    (B) ``Not detected'' means at or below the lower method calibration 
limit (MCL) in SW-846 Method 8290, Table 1. Other appropriate methods 
from other reliable sources may be used provided that these criteria 
are met.
* * * * *
    16. Section 261.38 is amended by revising paragraph (c)(7) 
introductory text to read as follows:


Sec.  261.38  Comparable/Syngas Fuel Exclusion.

* * * * *
    (c) * * *
    (7) Waste analysis plans. The generator of a comparable/syngas fuel 
shall develop and follow a written waste analysis plan which describes 
the procedures for sampling and analysis of the hazardous waste to be 
excluded. The waste analysis plan should be developed in accordance 
with appropriate guidance such as found in the applicable sections of 
the ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods'' (EPA Publication SW-846) or other reliable sources. The plan 
shall be followed and retained at the facility excluding the waste.
* * * * *
    17. Appendix III to part 261 is revised to read as follows:

Appendix III to Part 261--Chemical Analysis Test Methods

    Note: Examples of appropriate analytical procedures to determine 
whether a sample contains a given toxic constituent are provided in 
Chapter Two, ``Choosing the Correct Procedure,'' found in ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846. Prior to final sampling and analysis method 
selection, the individual should consult the specific section or 
method described in SW-846, if used, for additional guidance on 
which methods should be employed for a specific sample analysis 
situation.

    16. Appendix IX to part 261 is amended in Table 1:
    a. In the entry for ``Aptus, Inc, Coffeyville, Kansas,'' under the 
``Waste description'' column, by revising paragraphs (2), (3), and (4);
    b. In the entry for ``Arkansas Department of Pollution Control and 
Ecology, Vertac Superfund site, Jacksonville, Arkansas,'' under the 
``Waste description'' column, by revising the introductory text of 
paragraph (1) and by revising paragraph (3)(C);
    c. In the entry for ``Bethlehem Steel Corporation, Sparrows Point, 
Maryland,'' under the ``Waste description'' column, by revising the 
introductory text of paragraph (1);
    d. In the entry for ``BMW Manufacturing Corporation, Greer, South 
Carolina,'' under the ``Waste description'' column, by revising the 
introductory text of paragraph (2);
    e. In the entry for ``DuraTherm, Incorporated, San Leon, Texas,'' 
under the ``Waste description'' column, by revising the introductory 
text of paragraph (3);
    f. In the entry for ``Eastman Chemical Company, Longview, Texas,'' 
under the ``Waste description'' column, by revising the introductory 
text of paragraph (3);
    g. In the entry for ``Envirite of Pennsylvania (formerly Envirite 
Corporation), York, Pennsylvania, under the ``Waste description'' 
column, by revising paragraph (2);
    h. In the entry for ``Geological Reclamation Operations and Waste 
Systems, Inc., Morrisville, PA,'' under the ``Waste description'' 
column by revising the introductory text of paragraph (1);
    i. In the entry for ``McDonnel Douglas Corporation, Tulsa, 
Oklahoma,'' under the ``Waste description'' column by revising 
paragraph (3);
    j. In the entry for ``Occidental Chemical, Ingleside, Texas,'' 
under the ``Waste description'' column, by revising the introductory 
text of paragraph (3);
    k. In the entry for ``Rhodia, Houston, Texas,'' under the ``Waste 
description'' column, by revising the introductory text of paragraph 
(3);
    l. In the entry for ``Syntex Agribusiness, Springfield, MO,'' under 
the ``Waste description'' column, by revising paragraphs (2), (3), (4), 
(5), and (6);
    m. In the entry for ``Texas Eastman, Longview, Texas,'' under the 
``Waste description'' column, by revising paragraph 3;
    n. In the entry for ``Tyco Printed Circuit Group, Melbourne 
Division, Melbourne, Florida,'' under the ``Waste description'' column, 
by revising the introductory text of paragraph 1.
    The revisions read as follows:

Appendix IX--Wastes Excluded Under Sec. Sec.  260.20 and 260.22

                               Table 1.--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
               Facility                        Address                          Waste description
----------------------------------------------------------------------------------------------------------------
Aptus, Inc...........................  Coffeyville, Kansas....  * * * * *
                                                                (1) * * *

[[Page 66279]]

 
                                                                (2) A minimum of four grab samples must be taken
                                                                 from each hopper (or other container) of kiln
                                                                 residue generated during each 24 hour run; all
                                                                 grabs collected during a given 24 hour run must
                                                                 then be composited to form one composite
                                                                 sample. A minimum of four grab samples must
                                                                 also be taken from each hopper (or other
                                                                 container) of spray dryer/baghouse residue
                                                                 generated during each 24 hour run; all grabs
                                                                 collected during a given 24 hour run must then
                                                                 be composited to form one composite sample.
                                                                 Prior to the disposal of the residues from each
                                                                 24 hour run, a TCLP leachate test must be
                                                                 performed on these composite samples and the
                                                                 leachate analyzed for the TC toxic metals,
                                                                 nickel, and cyanide. If arsenic, chromium, lead
                                                                 or silver TC leachate test results exceed 1.6
                                                                 ppm, barium levels exceed 32 ppm, cadmium or
                                                                 selenium levels exceed 0.3 ppm, mercury levels
                                                                 exceed 0.07 ppm, nickel levels exceed 10 ppm,
                                                                 or cyanide levels exceed 6.5 ppm, the wastes
                                                                 must be retreated to achieve these levels or
                                                                 must be disposed in accordance with subtitle C
                                                                 of RCRA. Analyses must be performed according
                                                                 to appropriate methods such as those found in
                                                                 EPA Publication SW-846 or other reliable
                                                                 sources (with the exception of analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution).
                                                                (3) Aptus must generate, prior to the disposal
                                                                 of the residues, verification data from each 24
                                                                 hour run for each treatment residue (i.e., kiln
                                                                 residue, spray dryer/baghouse residue) to
                                                                 demonstrate that the maximum allowable
                                                                 treatment residue concentrations listed below
                                                                 are not exceeded. Samples must be collected as
                                                                 specified in Condition (2). Analyses must be
                                                                 performed according to appropriate methods such
                                                                 as those found in EPA Publication SW-846 or
                                                                 other reliable sources (with the exception of
                                                                 analyses requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). Any
                                                                 residues which exceed any of the levels listed
                                                                 below must be retreated or must be disposed of
                                                                 as hazardous. Kiln residue and spray dryer/
                                                                 baghouse residue must not exceed the following
                                                                 levels: Aldrin--0.015 ppm; Benzene--9.7 ppm;
                                                                 Benzo(a)pyrene--0.43 ppm; Benzo(b)fluoranthene--
                                                                 1.8 ppm; Chlordane--0.37 ppm; Chloroform--5.4
                                                                 ppm; Chrysene--170 ppm; Dibenz(a,h)anthracene--
                                                                 0.083 ppm; 1,2-Dichloroethane--4.1 ppm;
                                                                 Dichloromethane--2.4 ppm; 2,4-Dichlorophenol--
                                                                 480 ppm; Dichlorvos--260 ppm; Disulfaton--23
                                                                 ppm; Endosulfan I--310 ppm; Fluorene--120 ppm;
                                                                 Indeno(1,2,3,cd)-pyrene--330 ppm; Methyl
                                                                 parathion--210 ppm; Nitrosodiphenylamine--130
                                                                 ppm; Phenanthrene--150 ppm; Polychlorinated
                                                                 biphenyls--0.31 ppm; Tetrachloroethylene--59
                                                                 ppm; 2,4,5-TP (silvex)--110 ppm; 2,4,6-
                                                                 Trichlorophenol--3.9 ppm.
                                                                (4) Aptus must generate, prior to disposal of
                                                                 residues, verification data from each 24 hour
                                                                 run for each treatment residue (i.e., kiln
                                                                 residue, spray dryer/baghouse residue) to
                                                                 demonstrate that the residues do not contain
                                                                 tetra-, penta-, or hexachlorodibenzo-p-dioxins
                                                                 or furans at levels of regulatory concern.
                                                                 Samples must be collected as specified in
                                                                 Condition (2). The TCDD equivalent levels for
                                                                 the solid residues must be less than 5 ppt. Any
                                                                 residues with detected dioxins or furans in
                                                                 excess of this level must be retreated or must
                                                                 be disposed of as acutely hazardous. For this
                                                                 analysis, Aptus must use appropriate methods
                                                                 such as Method 8290 found in EPA Publication SW-
                                                                 846, a high resolution gas chromatography and
                                                                 high resolution mass spectroscopy (HRGC/HRMS)
                                                                 analytical method, or use appropriate methods
                                                                 found in other reliable sources. For tetra- and
                                                                 penta-chlorinated dioxin and furan homologs,
                                                                 the maximum practical quantitation limit must
                                                                 not exceed 15 ppt for the solid residues. For
                                                                 hexachlorinated dioxin and furan homologs, the
                                                                 maximum practical quantitation limit must not
                                                                 exceed 37 ppt for the solid residues.
                                                                * *
--------------------------------------
Arkansas Department of Pollution       Vertac Superfund site,   * * * * *
 Control and Ecology.                   Jacksonville, Arkansas.
                                                                (1) Testing: Sample collection and analyses
                                                                 (including quality control (QC) procedures)
                                                                 must be performed according to appropriate
                                                                 methods such as those found in EPA Publication
                                                                 SW-846 or other reliable sources (with the
                                                                 exception of analyses requiring the use of SW-
                                                                 846 methods incorporated by reference in 40 CFR
                                                                 260.11, which must be used without
                                                                 substitution).
                                                                * * * * *
                                                                (3) * * *

[[Page 66280]]

 
                                                                (C) Chlorinated dioxins and furans: 2,3,7,8-
                                                                 Tetrachlorodibenzo-p-dioxin equivalents, 4 x
                                                                 10\7\ ppm. The petitioned by-product must be
                                                                 analyzed for the tetra-, penta-, hexa-, and
                                                                 heptachlorodibenzo-p-dioxins, and the tetra-,
                                                                 penta-, hexa-, and heptachlorodibenzofurans to
                                                                 determine the 2,3,7,8-tetra-chlorodibenzo-p-
                                                                 dioxin equivalent concentration. The analysis
                                                                 must be conducted using appropriate methods
                                                                 such as SW-846 Method 8290, a high resolution
                                                                 gas chromatography/high resolution mass
                                                                 spectrometry method, or other appropriate
                                                                 methods found in other reliable sources, and
                                                                 must achieve practical quantitation limits of
                                                                 15 parts per trillion (ppt) for the tetra- and
                                                                 penta-homologs, and 37 ppt for the hexa- and
                                                                 hepta-homologs.
                                                                * * * * *
--------------------------------------
Bethlehem Steel Corporation..........  Sparrows Point,          * * * * *
                                        Maryland.
                                                                (1) Testing: Sample collection and analyses
                                                                 (including quality control (QC) procedures)
                                                                 must be performed according to appropriate
                                                                 methods such as those found in EPA Publication
                                                                 SW-846 or other reliable sources (with the
                                                                 exception of analyses requiring the use of SW-
                                                                 846 methods incorporated by reference in 40 CFR
                                                                 260.11, which must be used without
                                                                 substitution). If EPA judges the stabilization
                                                                 process to be effective under the conditions
                                                                 used during the initial verification testing,
                                                                 BSC may replace the testing required in
                                                                 Condition (1)(A) with the testing required in
                                                                 Condition (1)(B). BSC must continue to test as
                                                                 specified in Condition (1)(A) until and unless
                                                                 notified by EPA in writing that testing in
                                                                 Condition (1)(A) may be replaced by Condition
                                                                 (1)(B) (to the extent directed by EPA).
                                                                * * * * *
--------------------------------------
BMW Manufacturing Corporation........  Greer, South Carolina..  * * * * *
                                                                (2) Verification Testing Requirements: Sample
                                                                 collection and analyses, including quality
                                                                 control procedures, must be performed according
                                                                 to appropriate methods such as those found in
                                                                 EPA Publication SW-846 or other reliable
                                                                 sources (with the exception of analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution).
                                                                 Methods must meet Performance Based Measurement
                                                                 System Criteria in which the Data Quality
                                                                 Objectives are to demonstrate that
                                                                 representative samples of the BMW Sludge meet
                                                                 the delisting levels in Condition (1).
                                                                * * * * *
--------------------------------------
DuraTherm, Incorporated..............  San Leon, Texas........  * * * * *
                                                                (3) Verification Testing Requirements: DuraTherm
                                                                 must perform sample collection and analyses,
                                                                 including quality control procedures, according
                                                                 to appropriate methods such as those found in
                                                                 EPA Publication SW-846 or other reliable
                                                                 sources (with the exception of analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). If
                                                                 EPA judges the process to be effective under
                                                                 the operating conditions used during the
                                                                 initial verification testing, DuraTherm may
                                                                 replace the testing required in Paragraph
                                                                 (3)(A) with the testing required in Paragraph
                                                                 (3)(B). DuraTherm must continue to test as
                                                                 specified in Paragraph (3)(A) until and unless
                                                                 notified by EPA in writing that testing in
                                                                 Paragraph (3)(A) may be replaced by Paragraph
                                                                 (3)(B).
                                                                * * * * *
--------------------------------------
Eastman Chemical Company.............  Longview, Texas........  * * * * *
                                                                (3) Verification Testing Requirements: Eastman
                                                                 must perform sample collection and analyses,
                                                                 including quality control procedures, according
                                                                 to appropriate methods such as those found in
                                                                 EPA Publication SW-846 or other reliable
                                                                 sources (with the exception of analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). After
                                                                 completion of the initial verification period,
                                                                 Eastman may replace the testing required in
                                                                 Condition (3)(A) with the testing required in
                                                                 Condition (3)(B). Eastman must continue to test
                                                                 as specified in Condition (3)(A) until and
                                                                 unless notified by EPA in writing that testing
                                                                 in Condition (3)(A) may be replaced by
                                                                 Condition (3)(B).

[[Page 66281]]

 
                                                                * * * * *
--------------------------------------
Envirite of Pennsylvania (formerly     York, Pennsylvania.....  * * * * *
 Envirite Corporation).
                                                                (2) Each batch of treatment residue must be
                                                                 tested for leachable cyanide. If the leachable
                                                                 cyanide levels (using the EP Toxicity test
                                                                 without acetic acid adjustment) exceed 1.26
                                                                 ppm, the waste must be retreated or managed and
                                                                 disposed as a hazardous waste under 40 CFR
                                                                 Parts 262 to 265 and the permitting standards
                                                                 of 40 CFR Part 270.
                                                                * * * * *
--------------------------------------
Geological Reclamation Operations and   Morrisville,            * * * * *
 Systems, Inc..                         Pennsylvania.
                                                                (1) Testing: Sample collection and analyses,
                                                                 including quality control (QC) procedures, must
                                                                 be performed according to appropriate methods
                                                                 such as those found in EPA Publication SW-846
                                                                 or other reliable sources (with the exception
                                                                 of analyses requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution).
                                                                * * * * *
--------------------------------------
McDonnell Douglas Corporation........  Tulsa, Oklahoma........  * * * * *
                                                                (3) Verification Testing Requirements: Sample
                                                                 collection and analyses, including quality
                                                                 control procedures, must be performed according
                                                                 to appropriate methods such as those found in
                                                                 EPA Publication SW-846 or other reliable
                                                                 sources (with the exception of analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution).
                                                                 McDonnell Douglas must stabilize the previously
                                                                 unstabilized waste from the bottom portion of
                                                                 the northwest lagoon of the surface impoundment
                                                                 (which was closed as a landfill) using fly ash,
                                                                 kiln dust or similar accepted materials in
                                                                 batches of 500 cubic yards or less. McDonnell
                                                                 Douglas must analyze one composite sample from
                                                                 each batch of 500 cubic yards or less. A
                                                                 minimum of four grab samples must be taken from
                                                                 each waste pile (or other designated holding
                                                                 area) of stabilized waste generated from each
                                                                 batch run. Each composited batch sample must be
                                                                 analyzed, prior to disposal of the waste in the
                                                                 batch represented by that sample, for
                                                                 constituents listed in Condition (1). There are
                                                                 no verification testing requirements for the
                                                                 stabilized wastes in the upper portions of the
                                                                 northwest lagoon, the entire northeast lagoon,
                                                                 and the entire south lagoon of the surface
                                                                 impoundments which were closed as a landfill.
                                                                * * * * *
--------------------------------------
Occidental Chemical..................  Ingleside, Texas.......  * * * * *
                                                                (3) Verification Testing Requirements: Sample
                                                                 collection and analyses, including quality
                                                                 control procedures, must be performed according
                                                                 to appropriate methods such as those found in
                                                                 EPA Publication SW-846 or other reliable
                                                                 sources (with the exception of analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). If
                                                                 EPA judges the incineration process to be
                                                                 effective under the operating conditions used
                                                                 during the initial verification testing,
                                                                 Occidental Chemical may replace the testing
                                                                 required in Condition (3)(A) with the testing
                                                                 required in Condition (3)(B). Occidental
                                                                 Chemical must continue to test as specified in
                                                                 Condition (3)(A) until and unless notified by
                                                                 EPA in writing that testing in Condition (3)(A)
                                                                 may be replaced by Condition (3)(B).
                                                                * * * * *
--------------------------------------
Rhodia...............................   Houston, Texas........  * * * * *
                                                                (3) Verification Testing Requirements: Rhodia
                                                                 must perform sample collection and analyses,
                                                                 including quality control procedures, according
                                                                 to appropriate methods such as those found in
                                                                 EPA Publication SW-846 or other reliable
                                                                 sources (with the exception of analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). If
                                                                 EPA judges the process to be effective under
                                                                 the operating conditions used during the
                                                                 initial verification testing, Rhodia may
                                                                 replace the testing required in Condition
                                                                 (3)(A) with the testing required in Condition
                                                                 (3)(B). Rhodia must continue to test as
                                                                 specified in Condition (3)(A) until and unless
                                                                 notified by EPA in writing that testing in
                                                                 Condition (3)(A) may be replaced by Condition
                                                                 (3)(B).
                                                                * * * * *
--------------------------------------
Syntex Agribusiness..................  Springfield, MO........  * * * * *
                                                                (2) Four grab samples of wastewater must be
                                                                 composited from the volume of filtered
                                                                 wastewater collected after each eight hour run
                                                                 and, prior to disposal the composite samples
                                                                 must be analyzed for the EP toxic metals,
                                                                 nickel, and cyanide. If arsenic, chromium,
                                                                 lead, and silver EP leachate test results
                                                                 exceed 0.61 ppm; barium levels exceed 12 ppm;
                                                                 cadmium and selenium levels exceed 0.12 ppm;
                                                                 mercury levels exceed 0.02 ppm; nickel levels
                                                                 exceed 6.1 ppm; or cyanide levels exceed 2.4
                                                                 ppm, the wastewater must be retreated to
                                                                 achieve these levels or must be disposed in
                                                                 accordance with all applicable hazardous waste
                                                                 regulations. Analyses must be performed
                                                                 according to appropriate methods such as those
                                                                 found in EPA Publication SW-846 or other
                                                                 reliable sources (with the exception of
                                                                 analyses requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution).
                                                                (3) One grab sample must be taken from each drum
                                                                 of kiln and cyclone ash generated during each
                                                                 eight hour run; all grabs collected during a
                                                                 given eight hour run must then be composited to
                                                                 form one composite sample. A composite sample
                                                                 of four grab samples of the separator sludge
                                                                 must be collected at the end of each eight hour
                                                                 run. Prior to the disposal of the residues from
                                                                 each eight hour run, an EP leachate test must
                                                                 be performed on these composite samples and the
                                                                 leachate analyzed for the EP toxic metals,
                                                                 nickel, and cyanide (using a distilled water
                                                                 extraction for the cyanide extraction) to
                                                                 demonstrate that the following maximum
                                                                 allowable treatment residue concentrations
                                                                 listed below are not exceeded. Analyses must be
                                                                 performed according to appropriate methods such
                                                                 as those found in EPA Publication SW-846 or
                                                                 other reliable sources (with the exception of
                                                                 analyses requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). Any
                                                                 residues which exceed any of the levels listed
                                                                 below must be retreated to achieve these levels
                                                                 or must be disposed in accordance with all
                                                                 applicable hazardous waste regulations. Maximum
                                                                 Allowable Solids Treatment Residue EP Leachate
                                                                 Concentrations (mg/L), Arsenic--1.6, Barium--
                                                                 32, Cadmium--0.32, Chromium--1.6, Lead--1.6,
                                                                 Mercury--0.065, Nickel--16, Selenium--0.32,
                                                                 Silver--1.6, Cyanide--6.5.
                                                                (4) If Syntex stabilizes any of the kiln and
                                                                 cyclone ash or separator sludge, a Portland
                                                                 cement-type stabilization process must be used
                                                                 and Syntex must collect a composite sample of
                                                                 four grab samples from each batch of stabilized
                                                                 waste. An MEP leachate test must be performed
                                                                 on these composite samples and the leachate
                                                                 analyzed for the EP toxic metals, nickel, and
                                                                 cyanide (using a distilled water extraction for
                                                                 the cyanide leachate analysis) to demonstrate
                                                                 that the maximum allowable treatment residue
                                                                 concentrations listed in Condition (3) are not
                                                                 exceeded during any run of the MEP extraction.
                                                                 Analyses must be performed according to
                                                                 appropriate methods such as those found in EPA
                                                                 Publication SW-846 or other reliable sources
                                                                 (with the exception of analyses requiring the
                                                                 use of SW-846 methods incorporated by reference
                                                                 in 40 CFR 260.11, which must be used without
                                                                 substitution). Any residues which exceed any of
                                                                 the levels listed in Condition (3) must be
                                                                 retreated to achieve these levels or must be
                                                                 disposed in accordance with all applicable
                                                                 hazardous waste regulations. (If the residues
                                                                 are stabilized, the analyses required in this
                                                                 condition supercede the analyses required in
                                                                 Condition (3).)

[[Page 66283]]

 
                                                                (5) Syntex must generate, prior to disposal of
                                                                 residues, verification data from each eight
                                                                 hour run from each treatment residue (i.e.,
                                                                 kiln and cyclone ash, separator sludge, and
                                                                 filtered wastewater) to demonstrate that the
                                                                 maximum allowable treatment residue
                                                                 concentrations listed below are not exceeded.
                                                                 Samples must be collected as specified in
                                                                 Conditions (2) and (3). Analyses must be
                                                                 performed according to appropriate methods such
                                                                 as those found in EPA Publication SW-846 or
                                                                 other reliable sources (with the exception of
                                                                 analyses requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). Any
                                                                 solid or liquid residues which exceed any of
                                                                 the levels listed below must be retreated to
                                                                 achieve these levels or must be disposed in
                                                                 accordance with Subtitle C of RCRA. Maximum
                                                                 Allowable Wastewater Concentrations (ppm):
                                                                 Benz(a)anthracene--1 x 10-\4\; Benzo(a)pyrene--
                                                                 4 x 10-\5\; Benzo(b)fluoranthene--2 x 10-\4\;
                                                                 Chloroform--0.07; Chrysene--0.002;
                                                                 Dibenz(a,h)anthracene--9 x 10-\6\; 1,2-
                                                                 Dichloroethane--0.06; Dichloromethane--0.06;
                                                                 Indeno(1,2,3-cd)pyrene--0.002; Polychlorinated
                                                                 biphenyls--1 x 10-\4\; 1,2,4,5-
                                                                 Tetrachlorobenzene--0.13; 2,3,4,6-
                                                                 Tetrachlorophenol--12; Toluene--120;
                                                                 Trichloroethylene--0.04; 2,4,5-Trichlorophenol--
                                                                 49; 2,4,6-Trichlorophenol--0.02; Maximum
                                                                 Allowable Solid Treatment Residue
                                                                 Concentrations (ppm): Benz(a)anthracene--1.1;
                                                                 Benzo(a)pyrene--0.43; Benzo(b)fluoranthene--
                                                                 1.8; Chloroform--5.4; Chrysene--170;
                                                                 Dibenz(a,h)anthracene--0.083; Dichloromethane--
                                                                 2.4; 1,2-Dichloroethane--4.1; Indeno(1,2,3-
                                                                 cd)pyrene--330; Polychlorinated biphenyls--
                                                                 0.31; 1,2,4,5-Tetrachlorobenzene--720;
                                                                 Trichloroethylene--6.6; 2,4,6-Trichlorophenol--
                                                                 3.9.
                                                                (6) Syntex must generate, prior to disposal of
                                                                 residues, verification data from each eight
                                                                 hour run for each treatment residue (i.e., kiln
                                                                 and cyclone ash, separator sludge, and filtered
                                                                 wastewater) to demonstrate that the residues do
                                                                 not contain tetra-, penta-, or
                                                                 hexachlorodibenzo-p-dioxins or furans at levels
                                                                 of regulatory concern. Samples must be
                                                                 collected as specified in Conditions (2) and
                                                                 (3). The TCDD equivalent levels for wastewaters
                                                                 must be less than 2 ppq and less than 5 ppt for
                                                                 the solid treatment residues. Any residues with
                                                                 detected dioxins or furans in excess of these
                                                                 levels must be retreated or must be disposed as
                                                                 acutely hazardous. For this analysis, Syntex
                                                                 must use appropriate methods, such as SW-846
                                                                 Method 8290, a high resolution gas
                                                                 chromatography and high resolution mass
                                                                 spectroscopy (HRGC/HRMS) analytical method, or
                                                                 use appropriate methods found in other reliable
                                                                 sources. For tetra- and pentachloronated dioxin
                                                                 and furan homologs, the maximum practical
                                                                 quantitation limit must not exceed 15 ppt for
                                                                 solids and 120 ppq for wastewaters. For
                                                                 hexachlorinated homologs, the maximum practical
                                                                 quantitation limit must not exceed 37 ppt for
                                                                 solids and 300 ppq for wastewaters.
                                                                * * * * *
--------------------------------------
Texas Eastman........................  Longview, Texas........  * * * * *
                                                                3. Verification Testing Requirements: Sample
                                                                 collection and analyses, including quality
                                                                 control procedures, must be performed according
                                                                 to appropriate methods such as those found in
                                                                 EPA Publication SW-846 or other reliable
                                                                 sources (with the exception of analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). If
                                                                 EPA judges the incineration process to be
                                                                 effective under the operating conditions used
                                                                 during the initial verification testing
                                                                 described in Paragraph 4 below, Texas Eastman
                                                                 may replace the testing required in Paragraph 4
                                                                 with the testing required in Paragraph 5 below.
                                                                 Texas Eastman must, however, continue to test
                                                                 as specified in Paragraph 4 until notified by
                                                                 EPA in writing that testing in Paragraph 4 may
                                                                 be replaced by the testing described in
                                                                 Paragraph 5.
                                                                * * * * *
--------------------------------------
Tyco Printed Circuit Group, Melbourne  Melbourne, Florida.....  * * * * *
 Division.
                                                                (1) Verification Testing Requirements: Sample
                                                                 collection and analyses, including quality
                                                                 control procedures must be performed according
                                                                 to appropriate methods such as those found in
                                                                 EPA Publication SW-846 or other reliable
                                                                 sources (with the exception of analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution).
                                                                 Methods must meet Performance Based Measurement
                                                                 System Criteria in which the Data Quality
                                                                 Objectives are to demonstrate that
                                                                 representative samples of the Tyco Sludge meet
                                                                 the delisting levels in Condition (3).
                                                                * * * * *
----------------------------------------------------------------------------------------------------------------

    17. Appendix IX to part 261 is amended in Table 2:
    a. In the entry for ``Bethlehem Steel Corp., Steelton, PA,'' under 
the ``Waste description'' column by revising paragraphs (1) and (2);
    b. In the entry for ``Bethlehem Steel Corp., Johnston, PA,'' under 
the ``Waste description'' column by revising paragraphs (1) and (2);
    c. In the entry for ``BF Goodrich Intermediates Company, Inc., 
Calvert City, Kentucky,'' under the ``Waste description'' column by 
revising the introductory paragraph and by revising paragraphs (1)(B) 
and (3);
    d. In the entry for ``CF&I Steel Corporation, Pueblo, Colorado,'' 
under the ``Waste description'' column by revising paragraphs (1) and 
(2);
    e. In the entry for ``Chaparral Steel Midlothian L.P., Midlothian, 
Texas,'' under the ``Waste description'' column by revising paragraph 
(1) and the introductory text of paragraph (3);
    f. In the entry for ``Conversion Systems, Inc., Horsham, 
Pennsylvania,'' under the ``Waste description'' column by revising the 
introductory text of paragraph (1);
    g. In the entry for ``DOE-RL, Richland, Washington,'' under the 
``Waste description'' column by revising the introductory text of 
paragraph (1) and by revising paragraph (3);
    h. In the entry for ``Envirite of Pennsylvania (formerly Envirite 
Corporation), York, Pennsylvania, under the ``Waste description'' 
column, by revising paragraph (2);
    i. In the entry for ``Heritage Environmental Services, LLC, at the 
Nucor Steel Facility, Crawfordsville, Indiana,'' under the ``Waste 
Description'' column by revising paragraph (2);
    j. In the entry for ``Marathon Oil Co., Texas City, Texas,'' under 
the ``Waste description'' column by revising the introductory text of 
paragraph (1);
    k. In the entry for ``Occidental Chemical Corp, Muscle Shoals 
Plant, Sheffield, Alabama,'' under the ``Waste description'' column by 
revising the introductory paragraph and by revising paragraphs (1)(A) 
and (3);
    l. In the entry for ``Occidental Chemical Corporation, Delaware 
City, Delaware,'' under the ``Waste description'' column by revising 
the introductory paragraph and by revising paragraph (1)(A), the 
introductory text of paragraph (2) and by revising paragraph (3);
    m. In the entry for ``Oxy Vinyls, Deer Park, Texas,'' under the 
``Waste description'' column by revising the introductory text of 
paragraph (3);
    n. In the entry for ``Roanoke Electric Steel Corp., Roanoke, 
Virginia,'' under the ``Waste description'' column by revising 
paragraphs (1)(A), (1)(B), and (2);
    o. In the entry for ``USX Steel Corporation, USS Division, 
Southworks Plant, Gary Works, Chicago, Illinois,'' under the ``Waste 
description'' column by revising the introductory text of paragraph (1) 
and by revising paragraphs (1)(A) and (2).
    The revisions read as follows:

Appendix IX--Wastes Excluded Under Sec. Sec.  260.20 and 260.22

* * * * *

                                 Table 2.--Wastes Excluded From Specific Sources
----------------------------------------------------------------------------------------------------------------
               Facility                        Address                          Waste description
----------------------------------------------------------------------------------------------------------------
Bethlehem Steel Corp.................  Steelton, PA...........  * * * * *
                                                                (1) Testing:
                                                                (A) Initial Testing: During the first four weeks
                                                                 of operation of the full-scale treatment
                                                                 system, Bethlehem must collect representative
                                                                 grab samples of each treated batch of the
                                                                 CSEAFD and composite the grab samples daily.
                                                                 The daily composites, prior to disposal, must
                                                                 be analyzed for the EP leachate concentrations
                                                                 of all the EP toxic metals, nickel and cyanide
                                                                 (using distilled water in the cyanide
                                                                 extractions). Analyses must be performed
                                                                 according to appropriate methods such as those
                                                                 found in SW-846 or other reliable sources (with
                                                                 the exception of analyses requiring the use of
                                                                 SW-846 methods incorporated by reference in 40
                                                                 CFR 260.11, which must be used without
                                                                 substitution). Bethlehem must report the
                                                                 analytical test data obtained during this
                                                                 initial period no later than 90 days after the
                                                                 treatment of the first full-scale batch.

[[Page 66285]]

 
                                                                (B) Subsequent Testing: Bethlehem must collect
                                                                 representative grab samples from every treated
                                                                 batch of CSEAFD generated daily and composite
                                                                 all of the grab samples to produce a weekly
                                                                 composite sample. Bethlehem then must analyze
                                                                 each weekly composite sample for the EP
                                                                 leachate concentrations of all the EP toxic
                                                                 metals and nickel. Analyses must be performed
                                                                 according to appropriate methods such as those
                                                                 found in SW-846 or other reliable sources (with
                                                                 the exception of analyses requiring the use of
                                                                 SW-846 methods incorporated by reference in 40
                                                                 CFR 260.11, which must be used without
                                                                 substitution). The analytical data, including
                                                                 all quality control information, must be
                                                                 compiled and maintained on site for a minimum
                                                                 of three years. These data must be furnished
                                                                 upon request and made available for inspection
                                                                 by any employee or representative of EPA or the
                                                                 State of Pennsylvania.
                                                                (2) Delisting Levels: If the EP extract
                                                                 concentrations resulting from the testing in
                                                                 condition (1)(A) or (1)(B) for chromium, lead,
                                                                 arsenic, or silver exceed 0.315 mg/L; for
                                                                 barium exceeds 6.3 mg/l; for cadmium or
                                                                 selenium exceed 0.063 mg/l; for mercury exceeds
                                                                 0.0126 mg/l; for nickel exceeds 3.15 mg/l; or
                                                                 for cyanide exceeds 4.42 mg/L; the waste must
                                                                 either be re-treated or managed and disposed in
                                                                 accordance with subtitle C of RCRA.
                                                                * * * * *
--------------------------------------
Bethlehem Steel Corp.................  Johnstown, PA..........  * * * * *
                                                                (1) Testing:
                                                                (A) Initial Testing: During the first four weeks
                                                                 of operation of the full-scale treatment
                                                                 system, Bethlehem must collect representative
                                                                 grab samples of each treated batch of the
                                                                 CSEAFD and composite the grab samples daily.
                                                                 The daily composites, prior to disposal, must
                                                                 be analyzed for the EP leachate concentrations
                                                                 of all the EP toxic metals, nickel, and cyanide
                                                                 (using distilled water in the cyanide
                                                                 extractions). Analyses must be performed
                                                                 according to appropriate methods such as those
                                                                 found in SW-846 or other reliable sources (with
                                                                 the exception of analyses requiring the use of
                                                                 SW-846 methods incorporated by reference in 40
                                                                 CFR 260.11, which must be used without
                                                                 substitution). Bethlehem must report the
                                                                 analytical test data obtained during this
                                                                 initial period no later than 90 days after the
                                                                 treatment of the first full-scale batch.
                                                                (B) Subsequent Testing: Bethlehem must collect
                                                                 representative grab samples from every treated
                                                                 batch of CSEAFD generated daily and composite
                                                                 all of the grab samples to produce a weekly
                                                                 composite sample. Bethlehem then must analyze
                                                                 each weekly composite sample for the EP
                                                                 leachate concentrations of all the EP toxic
                                                                 metals and nickel. Analyses must be performed
                                                                 according to appropriate methods such as those
                                                                 found in SW-846 or other reliable sources (with
                                                                 the exception of analyses requiring the use of
                                                                 SW-846 methods incorporated by reference in 40
                                                                 CFR 260.11, which must be used without
                                                                 substitution). The analytical data, including
                                                                 all quality control information, must be
                                                                 compiled and maintained on site for a minimum
                                                                 of three years. These data must be furnished
                                                                 upon request and made available for inspection
                                                                 by any employee or representative of EPA or the
                                                                 State of Pennsylvania.
                                                                (2) If the EP extract concentrations resulting
                                                                 from the testing in condition (1)(A) or (1)(B)
                                                                 for chromium, lead, arsenic, or silver exceed
                                                                 0.315 mg/l; for barium exceed 6.3 mg/l; for
                                                                 cadmium or selenium exceed 0.063 mg/l; for
                                                                 mercury exceed 0.0126 mg/l, for nickel exceed
                                                                 3.15 mg/l; or for cyanide exceed 4.42 mg/l; the
                                                                 waste must either be retreated until it meets
                                                                 these levels or managed and disposed in
                                                                 accordance with subtitle C of RCRA.
                                                                * * * * *
--------------------------------------
BF Goodrich Intermediates Company,     Calvert City, Kentucky.  * * * * *
 Inc.
                                                                Brine purification muds and saturator insolubles
                                                                 (EPA, Hazardous Waste No. K071) after August
                                                                 18, 1989. This exclusion is conditional upon
                                                                 the collection and submission of data obtained
                                                                 from BFG's full-scale treatment system because
                                                                 BFG's original data was based on data presented
                                                                 by another petitioner using an identical
                                                                 treatment process. To ensure that hazardous
                                                                 constituents are not present in the waste at
                                                                 levels of regulatory concern once the full-
                                                                 scale treatment facility is in operation, BFG
                                                                 must implement a testing program. All sampling
                                                                 and analyses (including quality control
                                                                 procedures) must be performed according to
                                                                 appropriate methods such as those found in SW-
                                                                 846 or other reliable sources (with the
                                                                 exception of analyses requiring the use of SW-
                                                                 846 methods incorporated by reference in 40 CFR
                                                                 260.11, which must be used without
                                                                 substitution). This testing program must meet
                                                                 the following conditions for the exclusion to
                                                                 be valid:

[[Page 66286]]

 
                                                                (1) * * *
                                                                (B) Collect representative grab samples from
                                                                 every batch of treated mercury brine
                                                                 purification muds and treated saturator
                                                                 insolubles on a daily basis and composite the
                                                                 grab samples to produce two separate weekly
                                                                 composite samples (one of the treated mercury
                                                                 brine muds and one of the treated saturator
                                                                 insolubles). Prior to disposal of the treated
                                                                 batches, two weekly composite samples must be
                                                                 analyzed for the EP leachate concentrations of
                                                                 all the EP toxic metals (except mercury),
                                                                 nickel, and cyanide (using distilled water in
                                                                 the cyanide extractions). BFG must report the
                                                                 analytical test data, including all quality
                                                                 control data, obtained during this initial
                                                                 period no later than 90 days after the
                                                                 treatment of the first full-scale batch.
                                                                (2) * * *
                                                                (3) If, under condition (1) or (2), the EP
                                                                 leachate concentrations for chromium, lead,
                                                                 arsenic, or silver exceed 0.316 mg/l; for
                                                                 barium exceeds 6.31 mg/l; for cadmium or
                                                                 selenium exceed 0.063 mg/l; for mercury exceeds
                                                                 0.0126 mg/l, for nickel exceeds 3.16 mg/l; or
                                                                 for cyanide exceeds 4.42 mg/l; the waste must
                                                                 either be retreated until it meets these levels
                                                                 or managed and disposed of in accordance with
                                                                 subtitle C of RCRA.
                                                                * * * * *
--------------------------------------
CF&I Steel Corporation...............  Pueblo, Colorado.......  * * * * *
                                                                (1) Testing:
                                                                (A) Initial Testing: During the first four weeks
                                                                 of operation of the full-scale treatment
                                                                 system, CF&I must collect representative grab
                                                                 samples of each treated batch of the CSEAFD and
                                                                 composite the grab samples daily. The daily
                                                                 composites, prior to disposal, must be analyzed
                                                                 for the EP leachate concentrations of all the
                                                                 EP toxic metals, nickel, and cyanide (using
                                                                 distilled water in the cyanide extractions).
                                                                 Analyses must be performed according to
                                                                 appropriate methods such as those found in SW-
                                                                 846 or other reliable sources (with the
                                                                 exception of analyses requiring the use of SW-
                                                                 846 methods incorporated by reference in 40 CFR
                                                                 260.11, which must be used without
                                                                 substitution). CF&I must report the analytical
                                                                 test data obtained during this initial period
                                                                 no later than 90 days after the treatment of
                                                                 the first full-scale batch.
                                                                (B) Subsequent Testing: CF&I must collect
                                                                 representative grab samples from every treated
                                                                 batch of CSEAFD generated daily and composite
                                                                 all of the grab samples to produce a weekly
                                                                 composite sample. CF&I then must analyze each
                                                                 weekly composite sample for the EP leachate
                                                                 concentrations of all of the EP toxic metals
                                                                 and nickel. Analyses must be performed
                                                                 according to appropriate methods such as those
                                                                 found in SW-846 or other reliable sources (with
                                                                 the exception of analyses requiring the use of
                                                                 SW-846 methods incorporated by reference in 40
                                                                 CFR 260.11, which must be used without
                                                                 substitution). The analytical data, including
                                                                 all quality control information, must be
                                                                 compiled and maintained on site for a minimum
                                                                 of three years. These data must be furnished
                                                                 upon request and made available for inspection
                                                                 by any employee or representative of EPA or the
                                                                 State of Colorado.
                                                                (2) Delisting levels: If the EP extract
                                                                 concentrations determined in conditions (1)(A)
                                                                 or (1)(B) for chromium, lead, arsenic, or
                                                                 silver exceed 0.315 mg/l; for barium exceeds
                                                                 6.3 mg/l; for cadmium or selenium exceed 0.063
                                                                 mg/l; for mercury exceeds 0.0126 mg/l; for
                                                                 nickel exceeds 3.15 mg/l; or for cyanide
                                                                 exceeds 4.42 mg/l; the waste must either be re-
                                                                 treated or managed and disposed in accordance
                                                                 with Subtitle C of RCRA.
                                                                * * * * *
--------------------------------------
Chaparral Steel Midlothian, L.P......  Midlothian, Texas......  * * * * *
                                                                (1) Delisting Levels: All concentrations for the
                                                                 constituent total lead in the approximately
                                                                 2,500 cubic yards (500,000 gallons) per
                                                                 calender year of raw leachate from Landfill No.
                                                                 3, storm water from the baghouse area, and
                                                                 other K061 wastewaters that is transferred from
                                                                 the storage tank to nonhazardous management
                                                                 must not exceed 0.69 mg/l (ppm). Constituents
                                                                 must be measured in the waste by appropriate
                                                                 methods such as those found in SW-846 or other
                                                                 reliable sources (with the exception of
                                                                 analyses requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution).

[[Page 66287]]

 
                                                                (3) Verification Testing Requirements: Sample
                                                                 collection and analyses, including quality
                                                                 control procedures, must be performed according
                                                                 to appropriate methods such as those found in
                                                                 SW-846 or other reliable sources (with the
                                                                 exception of analyses requiring the use of SW-
                                                                 846 methods incorporated by reference in 40 CFR
                                                                 260.11, which must be used without
                                                                 substitution). Chaparral Steel must analyze one
                                                                 composite sample from each batch of untreated
                                                                 wastewater transferred from the hazardous waste
                                                                 storage tank to non-hazardous waste management.
                                                                 Each composited batch sample must be analyzed,
                                                                 prior to non-hazardous management of the waste
                                                                 in the batch represented by that sample, for
                                                                 the constituent lead as listed in Condition
                                                                 (1). Chaparral may treat the waste as specified
                                                                 in Condition (2). If EPA judges the treatment
                                                                 process to be effective during the operating
                                                                 conditions used during the initial verification
                                                                 testing, Chaparral Steel may replace the
                                                                 testing requirement in Condition (3)(A) with
                                                                 the testing requirement in Condition (3)(B).
                                                                 Chaparral must continue to test as specified in
                                                                 (3)(A) until and unless notified by EPA or
                                                                 designated authority that testing in Condition
                                                                 (3)(A) may be replaced with by Condition
                                                                 (3)(B).
                                                                * * * * *
--------------------------------------
Conversion Systems, Inc..............  Horsham, Pennsylvania..  * * * * *
                                                                (1) Verification Testing Requirements: Sample
                                                                 collection and analyses, including quality
                                                                 control procedures, must be performed according
                                                                 to appropriate methods such as those found in
                                                                 SW-846 or other reliable sources (with the
                                                                 exception of analyses requiring the use of SW-
                                                                 846 methods incorporated by reference in 40 CFR
                                                                 260.11, which must be used without
                                                                 substitution).
                                                                * * * * *
--------------------------------------
DOE-RL...............................  Richland, Washington...  * * * * *
                                                                (1) Testing: Sample collection and analyses
                                                                 (including quality control (QC) procedures)
                                                                 must be performed according to appropriate
                                                                 methods such as those found in SW-846 or other
                                                                 reliable sources (with the exception of
                                                                 analyses requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). If
                                                                 EPA judges the treatment process to be
                                                                 effective under the operating conditions used
                                                                 during the initial verification testing, DOE
                                                                 may replace the testing required in Condition
                                                                 (1)(A) with the testing required in Condition
                                                                 (1)(B). DOE must continue to test as specified
                                                                 in Condition (1)(A) until notified by EPA in
                                                                 writing that testing in Condition (1) (A) may
                                                                 be replaced by Condition (1)(B).
                                                                * * * * *
                                                                (2) * * *
                                                                (3) Delisting Levels: All total constituent
                                                                 concentrations in the waste samples must be
                                                                 measured using appropriate methods such as
                                                                 those found in ``Test Methods for Evaluating
                                                                 Solid Waste: Physical/Chemical Methods,'' U.S.
                                                                 EPA Publication SW-846, or other reliable
                                                                 sources (with the exception of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). All
                                                                 total constituent concentrations must be equal
                                                                 to or less than the following levels (ppm):
                                                                Inorganic Constituents: Ammonium--10.0;
                                                                 Antimony--0.06; Arsenic--0.5; Barium--20.0;
                                                                 Beryllium--0.04; Cadmium--0.05; Chromium--1.0;
                                                                 Cyanide--2.0; Fluoride--40.0; Lead--0.15;
                                                                 Mercury--0.02; Nickel--1.0; Selenium--0.5;
                                                                 Silver--2.0; Vanadium--2.0; Zinc--100.0.
                                                                Organic Constituents: Acetone--40.0; Benzene--
                                                                 0.05; Benzyl alcohol--100.0; 1-Butyl alcohol--
                                                                 40.0; Carbon tetrachloride--0.05;
                                                                 Chlorobenzene--1.0; Chloroform--0.1; Cresol--
                                                                 20.0; 1,4-Dichlorobenzene--0.75; 1,2-
                                                                 Dichloroethane--0.05; 1,1-Dichloroethylene--
                                                                 0.07; Di-n-octyl phthalate--7.0;
                                                                 Hexachloroethane--0.06; Methyl ethyl ketone--
                                                                 200.0; Methyl isobutyl ketone--30.0;
                                                                 Naphthalene--10.0; Tetrachloroethylene--0.05;
                                                                 Toluene--10.0; Tributyl phosphate--0.2; 1,1,1-
                                                                 Trichloroethane--2.0; 1,1,2-Trichloroethane--
                                                                 0.05; Trichloroethylene--0.05; Vinyl Chloride--
                                                                 0.02.
                                                                * * * * *
--------------------------------------
Envirite of Pennsylvania (formerly     York, Pennsylvania.....  * * * * *
 Envirite Corporation).
                                                                (2) Each batch of treatment residue must be
                                                                 tested for leachable cyanide. If the leachable
                                                                 cyanide levels (using the EP Toxicity test
                                                                 without acetic acid adjustment) exceed 1.26
                                                                 ppm, the waste must be re-treated or managed
                                                                 and disposed as a hazardous waste under 40 CFR
                                                                 Parts 262 to 265 and the permitting standards
                                                                 of 40 CFR Part 270.

[[Page 66288]]

 
                                                                * * * * *
--------------------------------------
Heritage Environmental Services, LLC,  Crawfordsville, Indiana  * * * * *
 at the Nucor Steel facility.
                                                                (2) Verification Testing: On a monthly basis,
                                                                 Heritage or Nucor must analyze two samples of
                                                                 the waste using the TCLP, SW-846 Method 1311,
                                                                 with an extraction fluid of ph 12 +/- 0.05
                                                                 standard units and for the mercury
                                                                 determinative analysis of the leachate using an
                                                                 appropriate method such as Method 7470 found in
                                                                 EPA Publication SW-846, or use an appropriate
                                                                 method found in other reliable sources. The
                                                                 constituent concentrations measured must be
                                                                 less then the delisting levels established in
                                                                 Paragraph (1).
                                                                * * * * *
--------------------------------------
Marathon Oil Co......................  Texas City, TX.........  * * * * *
                                                                (1) Testing: Sample collection and analyses
                                                                 (including quality control (QC) procedures)
                                                                 must be performed according to appropriate
                                                                 methods such as those found in SW-846 or other
                                                                 reliable sources (with the exception of
                                                                 analyses requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). If
                                                                 EPA judges the treatment process to be
                                                                 effective under the operating conditions used
                                                                 during the initial verification testing,
                                                                 Marathon may replace the testing required in
                                                                 Condition (1)(A) with the testing required in
                                                                 Condition (1)(B). Marathon must continue to
                                                                 test as specified in Condition (1)(A),
                                                                 including testing for organics in Conditions
                                                                 (3)(B) and (3)(C), until and unless notified by
                                                                 EPA in writing that testing in Condition (1)(A)
                                                                 may be replaced by Condition (1)(B), or that
                                                                 testing for organics may be terminated as
                                                                 described in (1)(C) (to the extent directed by
                                                                 EPA).
                                                                * * * * *
--------------------------------------
Occidental Chemical Corp., Muscle      Sheffield, Alabama.....  * * * * *
 Shoals Plant.
                                                                Retorted wastewater treatment sludge from the
                                                                 mercury cell process in chlorine production
                                                                 (EPA Hazardous Waste No. K106) after September
                                                                 19, 1989. This exclusion is conditional upon
                                                                 the submission of data obtained from
                                                                 Occidental's full-scale retort treatment system
                                                                 because Occidental's original data were based
                                                                 on a pilot-scale retort system. To ensure that
                                                                 hazardous constituents are not present in the
                                                                 waste at levels of regulatory concern once the
                                                                 full-scale treatment facility is in operation,
                                                                 Occidental must implement a testing program.
                                                                 All sampling and analyses (including quality
                                                                 control procedures) must be performed according
                                                                 to appropriate methods such as those found in
                                                                 SW-846 or other reliable sources (with the
                                                                 exception of analyses requiring the use of SW-
                                                                 846 methods incorporated by reference in 40 CFR
                                                                 260.11, which must be used without
                                                                 substitution). This testing program must meet
                                                                 the following conditions for the exclusion to
                                                                 be valid:
                                                                (1) * * *
                                                                (A) Collect representative grab samples from
                                                                 every batch of retorted material and composite
                                                                 the grab samples to produce a weekly composite
                                                                 sample. The weekly composite samples, prior to
                                                                 disposal or recycling, must be analyzed for the
                                                                 EP leachate concentrations of all the EP toxic
                                                                 metals (except mercury), nickel, and cyanide
                                                                 (using distilled water in the cyanide
                                                                 extractions). Occidental must report the
                                                                 analytical test data, including all quality
                                                                 control data, obtained during this initial
                                                                 period no later than 90 days after the
                                                                 treatment of the first full-scale batch.
                                                                * * *
                                                                (2) * * *
                                                                (3) If, under condition (1) or (2), the EP
                                                                 leachate concentrations for chromium, lead,
                                                                 arsenic, or silver exceed 1.616 mg/l; for
                                                                 barium exceeds 32.3 mg/l; for cadmium or
                                                                 selenium exceed 0.323 mg/l; for mercury exceeds
                                                                 0.065 mg/l, for nickel exceeds 16.15 mg/l; or
                                                                 for cyanide exceeds 22.61 mg/l; the waste must
                                                                 either be retreated until it meets these levels
                                                                 or managed and disposed of in accordance with
                                                                 subtitle C of RCRA.

[[Page 66289]]

 
                                                                * * * * *
--------------------------------------
Occidental Chemical Corporation......  Delaware City, Delaware  * * * * *
                                                                Sodium chloride treatment muds (NaCl-TM), sodium
                                                                 chloride saturator cleanings (NaCl-SC), and
                                                                 potassium chloride treatment muds (KCl-TM) (all
                                                                 classified as EPA Hazardous Waste No. K071)
                                                                 generated at a maximum combined rate (for all
                                                                 three wastes) of 1,018 tons per year. This
                                                                 exclusion was published on April 29, 1991 and
                                                                 is conditioned upon the collection of data from
                                                                 Occidental's full-scale brine treatment system
                                                                 because Occidental's request for exclusion was
                                                                 based on data from a laboratory-scale brine
                                                                 treatment process. To ensure that hazardous
                                                                 constituents are not present in the waste at
                                                                 levels of regulatory concern once the full-
                                                                 scale treatment system is in operation,
                                                                 Occidental must implement a testing program for
                                                                 the petitioned waste. All sampling and analyses
                                                                 (including quality control (QC) procedures)
                                                                 must be performed according to appropriate
                                                                 methods such as those found in SW-846 or other
                                                                 reliable sources (with the exception of
                                                                 analyses requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). This
                                                                 testing program must meet the following
                                                                 conditions for the exclusion to be valid:
                                                                (1) * * *
                                                                (A) Collect representative grab samples from
                                                                 each batch of the three treated wastestreams
                                                                 (sodium chloride saturator cleanings (NaCl-SC),
                                                                 sodium chloride treatment muds (NaCl-TM) and
                                                                 potassium chloride treatment muds (KCl-TM)) on
                                                                 an as generated basis and composite the samples
                                                                 to produce three separate weekly composite
                                                                 samples (of each type of K071 waste). The three
                                                                 weekly composite samples, prior to disposal,
                                                                 must be analyzed for the EP leachate
                                                                 concentrations of all the EP toxic metals
                                                                 (except mercury), nickel, and cyanide (using
                                                                 distilled water in the cyanide extractions).
                                                                 Occidental must report the waste volumes
                                                                 produced and the analytical test data,
                                                                 including all quality control data, obtained
                                                                 during this initial period, no later than 90
                                                                 days after the treatment of the first full-
                                                                 scale batch.
                                                                * * *
                                                                (2) Subsequent Testing: After the first four
                                                                 weeks of full-scale treatment operations,
                                                                 Occidental must do the following; all sampling
                                                                 and analyses (including quality control
                                                                 procedures) must be performed according to
                                                                 appropriate methods such as those found in SW-
                                                                 846 or other reliable sources (with the
                                                                 exception of analyses requiring the use of SW-
                                                                 846 methods incorporated by reference in 40 CFR
                                                                 260.11, which must be used without
                                                                 substitution):
                                                                * * *
                                                                (3) If, under conditions (1) or (2), the EP
                                                                 leachate concentrations for chromium, lead,
                                                                 arsenic, or silver exceed 0.77 mg/l; for barium
                                                                 exceeds 15.5 mg/l; for cadmium or selenium
                                                                 exceed 0.16 mg/l; for mercury exceeds 0.031 mg/
                                                                 l, or for nickel or total cyanide exceeds 10.9
                                                                 mg/l; the waste must either be retreated or
                                                                 managed and disposed of in accordance with all
                                                                 applicable hazardous waste regulations.
                                                                * * * * *
--------------------------------------
Oxy Vinyls...........................  Deer Park, Texas.......  * * * * *
                                                                (3) Verification Testing Requirements: Sample
                                                                 collection and analyses, including quality
                                                                 control procedures, must be performed according
                                                                 to appropriate methods such as those found in
                                                                 SW-846 or other reliable sources (with the
                                                                 exception of analyses requiring the use of SW-
                                                                 846 methods incorporated by reference in 40 CFR
                                                                 260.11, which must be used without
                                                                 substitution). If EPA judges the incineration
                                                                 process to be effective under the operating
                                                                 conditions used during the initial verification
                                                                 testing, Oxy Vinyls may replace the testing
                                                                 required in Condition (3)(A) with the testing
                                                                 required in Condition (3)(B). Oxy Vinyls must
                                                                 continue to test as specified in Condition
                                                                 (3)(A) until and unless notified by EPA in
                                                                 writing that testing in Condition (3)(A) may be
                                                                 replaced by Condition (3)(B).
                                                                * * * * *
--------------------------------------
Roanoke Electric Steel Corp..........  Roanoke, VA............  * * * * *
                                                                (1) * * *

[[Page 66290]]

 
                                                                (A) Initial Testing: During the first four weeks
                                                                 of operation of the full-scale treatment
                                                                 system, Roanoke must collect representative
                                                                 grab samples of each treated batch of the
                                                                 CSEAFD and composite the grab samples daily.
                                                                 The daily composites, prior to disposal, must
                                                                 be analyzed for the EP leachate concentrations
                                                                 of all the EP toxic metals, nickel and cyanide
                                                                 (using distilled water in the cyanide
                                                                 extractions). Analyses must be performed
                                                                 according to appropriate methods such as those
                                                                 found in SW-846 or other reliable sources (with
                                                                 the exception of analyses requiring the use of
                                                                 SW-846 methods incorporated by reference in 40
                                                                 CFR 260.11, which must be used without
                                                                 substitution). Roanoke must report the
                                                                 analytical test data obtained during this
                                                                 initial period no later than 90 days after the
                                                                 treatment of the first full-scale batch.
                                                                (B) Subsequent Testing: Roanoke must collect
                                                                 representative grab samples from every treated
                                                                 batch of CSEAFD generated daily and composite
                                                                 all of the grab samples to produce a weekly
                                                                 composite sample. Roanoke then must analyze
                                                                 each weekly composite sample for all of the EP
                                                                 toxic metals and nickel. Analyses must be
                                                                 performed according to appropriate methods such
                                                                 as those found in SW-846 or other reliable
                                                                 sources (with the exception of analyses
                                                                 requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution). The
                                                                 analytical data, including all quality control
                                                                 information, must be compiled and maintained on
                                                                 site for a minimum of three years. These data
                                                                 must be furnished upon request and made
                                                                 available for inspection by any employee or
                                                                 representative of EPA or the State of Virginia.
                                                                (2) Delisting levels: If the EP extract
                                                                 concentrations for chromium, lead, arsenic, or
                                                                 silver exceed 0.315 mg/l; for barium exceeds
                                                                 6.3 mg/l; for cadmium or selenium exceed 0.63
                                                                 mg/l; for mercury exceeds 0.0126 mg/l, for
                                                                 nickel exceeds 3.15 mg/l, or for cyanide
                                                                 exceeds 1.26 mg/l; the waste must either be re-
                                                                 treated or managed and disposed in accordance
                                                                 with subtitle C of RCRA.
                                                                * * * * *
--------------------------------------
USX Steel Corporation, USS Division,   Chicago, Illinois......  * * * * *
 Southworks Plant, Gary Works.
                                                                (1) Testing: Sample collection and analyses
                                                                 (including quality control (QC) procedures)
                                                                 must be performed according to appropriate
                                                                 methods such as those found in SW-846 or other
                                                                 reliable sources (with the exception of
                                                                 analyses requiring the use of SW-846 methods
                                                                 incorporated by reference in 40 CFR 260.11,
                                                                 which must be used without substitution).
                                                                (A) Initial Testing: During the first four weeks
                                                                 of operation of the full-scale treatment
                                                                 system, USX must collect representative grab
                                                                 samples of each treated batch of the CSEAFD and
                                                                 composite the grab samples daily. The daily
                                                                 composites, prior to disposal, must be analyzed
                                                                 for the EP leachate concentrations of all the
                                                                 EP toxic metals, nickel, and cyanide (using
                                                                 distilled water in the cyanide extractions).
                                                                 USX must report the analytical test data,
                                                                 including quality control information, obtained
                                                                 during this initial period no later than 90
                                                                 days after the treatment of the first full-
                                                                 scale batch.
                                                                * * *
                                                                (2) Delisting levels: If the EP extract
                                                                 concentrations for chromium, lead, arsenic, or
                                                                 silver exceed 0.315 mg/l; for barium exceeds
                                                                 6.3 mg/l; for cadmium or selenium exceed 0.063
                                                                 mg/l; for mercury exceeds 0.0126 mg/l; for
                                                                 nickel exceeds 3.15 mg/l; or for cyanide
                                                                 exceeds 4.42 mg/l, the waste must either be re-
                                                                 treated until it meets these levels or managed
                                                                 and disposed in accordance with subtitle C of
                                                                 RCRA.
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    20. The authority citation for part 264 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.

Subpart AA--Air Emissions Standards for Process Vents

    21. Section 264.1034 is amended by revising paragraphs (c)(1)(ii), 
(c)(1)(iv), (d)(1)(iii) and (f) to read as follows:


Sec.  264.1034  Test methods and procedures.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for 
organic content. If Method 25A is used, the organic HAP used as the 
calibration gas must be the single organic HAP representing the largest 
percent by volume of the emissions. The use of Method 25A is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
* * * * *

[[Page 66291]]

    (iv) Total organic mass flow rates shall be determined by the 
following equation:
    (A) For sources utilizing Method 18.
    [GRAPHIC] [TIFF OMITTED] TP30OC02.000
    

Where:
Eh = Total organic mass flow rate, kg/h;
Q2sd = Volumetric flow rate of gases entering or exiting 
control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i 
in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent 
gas, kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 
mm Hg);
10-6 = Conversion from ppm

    (B) For sources utilizing Method 25A.

Eh = (Q)(C)(MW)(0.0416)(10-6)

Where:
Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, 
as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 
mm Hg);
10-6 = Conversion from ppm.
* * * * *
    (d) * * *
    (1) * * *
    (iii) Each sample shall be analyzed and the total organic 
concentration of the sample shall be computed using Method 9060 
(incorporated by reference under Sec.  260.11) of ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846; or analyzed for individual organic constituents by using 
appropriate methods such as Method 8260 of EPA Publication SW-846, or 
using appropriate methods from other reliable sources.
* * * * *
    (f) When an owner or operator and the Regional Administrator do not 
agree on whether a distillation, fractionation, thin-film evaporation, 
solvent extraction, or air or steam stripping operation manages a 
hazardous waste with organic concentrations of at least 10 ppmw based 
on knowledge of the waste, the dispute may be resolved by using 
appropriate methods such as Method 8260 of ``Test Methods for 
Evaluating Solid Waste'' (EPA Publication SW-846) or by using 
appropriate methods from other reliable sources.

Subpart BB--Air Emission Standards for Equipment Leaks

    22. Section 264.1063 is amended by revising paragraph (d)(2) to 
read as follows:


Sec.  264.1063  Test methods and procedures.

* * * * *
    (d) * * *
    (2) Method 9060 (incorporated by reference under Sec.  260.11) of 
``Test Methods for Evaluating Solid Waste,'' EPA Publication SW-846, or 
analyzed for its individual organic constituents by using appropriate 
methods such as Method 8260 of EPA Publication SW-846 or using 
appropriate methods from other reliable sources; or
* * * * *
    23. Appendix IX to part 264 is revised as follows:

Appendix IX to Part 264--Ground-Water Monitoring List

                      Ground-Water Monitoring List
------------------------------------------------------------------------
                                                     Chemical abstracts
       Common name \1\              CAS RN \2\       service index name
                                                             \3\
------------------------------------------------------------------------
Acenaphthene.................  83-32-9............  Acenaphthylene, 1,2-
                                                     dihydro-
Acenaphthylene...............  208-96-8...........  Acenaphthylene
Acetone......................  67-64-1............  2-Propanone
Acetophenone.................  98-86-2............  Ethanone, 1-phenyl-
Acetonitrile; Methyl cyanide.  75-05-8............  Acetonitrile
2-Acetylaminofluorene; 2-AAF.  53-96-3............  Acetamide, N-9H-
                                                     fluoren-2-yl-
Acrolein.....................  107-02-8...........  2-Propenal
Acrylonitrile................  107-13-1...........  2-Propenenitrile
Aldrin.......................  309-00-2...........  1,4:5,8-
                                                     Dimethanonaphthalen
                                                     e, 1,2,3,4,10,10-
                                                     hexachloro-
                                                     1,4,4a,5,8,8a-
                                                     hexahydro-
                                                     (1[alpha],4[alpha],
                                                     4a[beta],5[alpha],8
                                                     [alpha],8a[beta])-
Allyl chloride...............  107-05-1...........  1-Propene, 3-chloro-
4-Aminobiphenyl..............  92-67-1............  [1,1'-Biphenyl]-4-
                                                     amine
Aniline......................  62-53-3............  Benzenamine
Anthracene...................  120-12-7...........  Anthracene
Antimony.....................  (Total)............  Antimony
Aramite......................  140-57-8...........  Sulfurous acid, 2-
                                                     chloroethyl 2-[4-
                                                     (1,1-
                                                     dimethylethyl)pheno
                                                     xy]- 1-methylethyl
                                                     ester
Arsenic......................  (Total)............  Arsenic
Barium.......................  (Total)............  Barium
Benzene......................  71-43-2............  Benzene
Benzo[a]anthracene;            56-55-3............  Benz[a]anthracene
 Benzanthracene.
Benzo[b]fluoranthene.........  205-99-2...........  Benz[e]acephenanthry
                                                     lene
Benzo[k]fluoranthene.........  207-08-9...........  Benzo[k]fluoranthene
Benzo[ghi]perylene...........  191-24-2...........  Benzo[ghi]perylene
Benzo[a]pyrene...............  50-32-8............  Benzo[a]pyrene
Benzyl alcohol...............  100-51-6...........  Benzenemethanol
Beryllium....................  (Total)............  Beryllium
alpha-BHC....................  319-84-6...........  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[alpha]
                                                     ,3[beta],4[alpha],5
                                                     [beta],6[beta])-
beta-BHC.....................  319-85-7...........  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[beta],
                                                     3[alpha],4[beta],5[
                                                     alpha],6[beta])-
delta-BHC....................  319-86-8...........  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[alpha]
                                                     ,3[alpha],4[beta],5
                                                     [alpha],6[beta])-
gamma-BHC; Lindane...........  58-89-9............  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[alpha]
                                                     ,3[beta],4[alpha],5
                                                     [alpha],6[beta])-
Bis(2-chloroethoxy)methane...  111-91-1...........  Ethane, 1,1'-
                                                     [methylenebis
                                                     (oxy)]bis [2-chloro-
 
Bis(2-chloroethyl)ether......  111-44-4...........  Ethane, 1,1'-
                                                     oxybis[2-chloro-
Bis(2-chloro-1-methylethyl)    108-60-1...........  Propane, 2,2'-
 ether; 2,2'-                                        oxybis[1-chloro-
 Dichlorodiisopropyl ether.

[[Page 66292]]

 
Bis(2-ethylhexyl) phthalate..  117-81-7...........  1,2-
                                                     Benzenedicarboxylic
                                                     acid, bis(2-
                                                     ethylhexyl)ester
Bromodichloromethane.........  75-27-4............  Methane,
                                                     bromodichloro-
Bromoform; Tribromomethane...  75-25-2............  Methane, tribromo-
4-Bromophenyl phenyl ether...  101-55-3...........  Benzene, 1-bromo-4-
                                                     phenoxy-
Butyl benzyl phthalate;        85-68-7............  1,2-
 Benzyl butyl phthalate.                             Benzenedicarboxylic
                                                     acid, butyl
                                                     phenylmethyl ester
Cadmium......................  (Total)............  Cadmium
Carbon disulfide.............  75-15-0............  Carbon disulfide
Carbon tetrachloride.........  56-23-5............  Methane, tetrachloro-
 
Chlordane....................  57-74-9............  4,7-Methano-1H-
                                                     indene,
                                                     1,2,4,5,6,7,8,8-
                                                     octachloro-
                                                     2,3,3a,4,7,7a-
                                                     hexahydro-
p-Chloroaniline..............  106-47-8...........  Benzenamine, 4-
                                                     chloro-
Chlorobenzene................  108-90-7...........  Benzene, chloro-
Chlorobenzilate..............  510-15-6...........  Benzeneacetic acid,
                                                     4-chloro-[alpha]-(4-
                                                     chlorophenyl)-
                                                     [alpha]-hydroxy-,
                                                     ethyl ester
p-Chloro-m-cresol............  59-50-7............  Phenol, 4-chloro-3-
                                                     methyl-
Chloroethane; Ethyl chloride.  75-00-3............  Ethane, chloro-
Chloroform...................  67-66-3............  Methane, trichloro-
2-Chloronaphthalene..........  91-58-7............  Naphthalene, 2-
                                                     chloro-
2-Chlorophenol...............  95-57-8............  Phenol, 2-chloro-
4-Chlorophenyl phenyl ether..  7005-72-3..........  Benzene, 1-chloro-4-
                                                     phenoxy-
Chloroprene..................  126-99-8...........  1,3-Butadiene, 2-
                                                     chloro-
Chromium.....................  (Total)............  Chromium
Chrysene.....................  218-01-9...........  Chrysene
Cobalt.......................  (Total)............  Cobalt
Copper.......................  (Total)............  Copper
m-Cresol.....................  108-39-4...........  Phenol, 3-methyl-
o-Cresol.....................  95-48-7............  Phenol, 2-methyl-
p-Cresol.....................  106-44-5...........  Phenol, 4-methyl-
Cyanide......................  57-12-5............  Cyanide
2,4-D; 2,4-                    94-75-7............  Acetic acid, (2,4-
 Dichlorophenoxyacetic acid.                         dichlorophenoxy)-
4,4'-DDD.....................  72-54-8............  Benzene 1,1'-(2,2-
                                                     dichloroethylidene)
                                                     bis[4-chloro-
4,4'-DDE.....................  72-55-9............  Benzene, 1,1'-
                                                     (dichloroethenylide
                                                     ne) bis[4-chloro-
4,4'-DDT.....................  50-29-3............  Benzene, 1,1'-(2,2,2-
                                                     trichloroethylidene
                                                     ) bis[4-chloro-
Diallate.....................  2303-16-4..........  Carbamothioic acid,
                                                     bis(1-methylethyl)-
                                                     , S- (2,3- dichloro-
                                                     2-propenyl) ester
Dibenz[a,h]anthracene........  53-70-3............  Dibenz[a,h]anthracen
                                                     e
Dibenzofuran.................  132-64-9...........  Dibenzofuran
Dibromochloromethane;          124-48-1...........  Methane,
 Chlorodibromomethane.                               dibromochloro-
1,2-Dibromo-3-chloropropane;   96-12-8............  Propane, 1,2-dibromo-
 DBCP.                                               3-chloro-
1,2-Dibromoethane; Ethylene    106-93-4...........  Ethane, 1,2-dibromo-
 dibromide.
Di-n-butyl phthalate.........  84-74-2............  1,2-
                                                     Benzenedicarboxylic
                                                     acid, dibutyl ester
o-Dichlorobenzene............  95-50-1............  Benzene, 1,2-
                                                     dichloro-
m-Dichlorobenzene............  541-73-1...........  Benzene, 1,3-
                                                     dichloro-
p-Dichlorobenzene............  106-46-7...........  Benzene, 1,4-
                                                     dichloro-
3,3'-Dichlorobenzidine.......  91-94-1............  [1,1'-Biphenyl]-4,4'-
                                                     diamine, 3,3'-
                                                     dichloro-
trans-1,4-Dichloro-2-butene..  110-57-6...........  2-Butene, 1,4-
                                                     dichloro-, (E)-
Dichlorodifluoromethane......  75-71-8............  Methane,
                                                     dichlorodifluoro-
1,1-Dichloroethane...........  75-34-3............  Ethane, 1,1-dichloro-
 
1,2-Dichloroethane; Ethylene   107-06-2...........  Ethane, 1,2-dichloro-
 dichloride.
1,1-Dichloroethylene;          75-35-4............  Ethene, 1,1-dichloro-
 Vinylidene chloride.
trans-1,2-Dichloroethylene...  156-60-5...........  Ethene, 1,2-dichloro-
                                                     , (E)-
2,4-Dichlorophenol...........  120-83-2...........  Phenol, 2,4-dichloro-
 
2,6-Dichlorophenol...........  87-65-0............  Phenol, 2,6-dichloro-
 
1,2-Dichloropropane..........  78-87-5............  Propane, 1,2-
                                                     dichloro-
cis-1,3-Dichloropropene......  10061-01-5.........  1-Propene, 1,3-
                                                     dichloro-, (Z)-
trans-1,3-Dichloropropene....  10061-02-6.........  1-Propene, 1,3-
                                                     dichloro-, (E)-
Dieldrin.....................  60-57-1............  2,7:3,6-
                                                     Dimethanonaphth
                                                     [2,3-b]oxirene,
                                                     3,4,5,6,9,9-
                                                     hexachloro-
                                                     1a,2,2a,3,6,6a,7,7a-
                                                     octahydro-,
                                                     (1a[alpha],2[beta],
                                                     2a[alpha],3[beta],6
                                                     [beta];,6a[alpha],7
                                                     [beta],7a[alpha])-
Diethyl phthalate............  84-66-2............  1,2-
                                                     Benzenedicarboxylic
                                                     acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl      297-97-2...........  Phosphorothioic
 phosphorothioate; Thionazin.                        acid, O,O-diethyl O-
                                                     pyrazinyl ester
Dimethoate...................  60-51-5............  Phosphorodithioic
                                                     acid, O,O-dimethyl
                                                     S-[2-(methylamino)-
                                                     2-oxoethyl] ester
p-(Dimethylamino)azobenzene..  60-11-7............  Benzenamine, N,N-
                                                     dimethyl-4-
                                                     (phenylazo)-
7,12-                          57-97-6............  Benz[a]anthracene,
 Dimethylbenz[a]anthracene.                          7,12- dimethyl-
3,3'-Dimethylbenzidine.......  119-93-7...........  [1,1'-Biphenyl]-4,4'-
                                                     diamine, 3,3'-
                                                     dimethyl-
alpha, alpha-                  122-09-8...........  Benzeneethanamine,
 Dimethylphenethylamine.                             [alpha],[alpha]-
                                                     dimethyl-
2,4-Dimethylphenol...........  105-67-9...........  Phenol, 2,4-dimethyl-
 
Dimethyl phthalate...........  131-11-3...........  1,2-
                                                     Benzenedicarboxylic
                                                     acid, dimethyl
                                                     ester
m-Dinitrobenzene.............  99-65-0............  Benzene, 1,3-dinitro-
 
4,6-Dinitro-o-cresol.........  534-52-1...........  Phenol, 2-methyl-4,6-
                                                     dinitro-
2,4-Dinitrophenol............  51-28-5............  Phenol, 2,4-dinitro-

[[Page 66293]]

 
2,4-Dinitrotoluene...........  121-14-2...........  Benzene, 1-methyl-
                                                     2,4-dinitro-
2,6-Dinitrotoluene...........  606-20-2...........  Benzene, 2-methyl-
                                                     1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl-    88-85-7............  Phenol, 2-(1-
 4,6-dinitrophenol.                                  methylpropyl)-4,6-
                                                     dinitro-
Di-n-octyl phthalate.........  117-84-0...........  1,2-
                                                     Benzenedicarboxylic
                                                     acid, dioctyl ester
1,4-Dioxane..................  123-91-1...........  1,4-Dioxane
Diphenylamine................  122-39-4...........  Benzenamine, N-
                                                     phenyl-
Disulfoton...................  298-04-4...........  Phosphorodithioic
                                                     acid, O,O-diethyl S-
                                                     [2-
                                                     (ethylthio)ethyl]es
                                                     ter
Endosulfan I.................  959-98-8...........  6,9-Methano-2,4,3-
                                                     benzodioxathiepin,
                                                     6,7,8,9,10,10-
                                                     hexachloro-
                                                     1,5,5a,6,9,9a-
                                                     hexahydro-, 3-
                                                     oxide,
                                                     (3[alpha],5a[beta],
                                                     6[alpha],9[alpha],9
                                                     a[beta])-
Endosulfan II................  33213-65-9.........  6,9-Methano-2,4,3-
                                                     benzodioxathiepin,
                                                     6,7,8,9,10,10-
                                                     hexachloro-
                                                     1,5,5a,6,9,9a-
                                                     hexahydro-, 3-
                                                     oxide,
                                                     (3[alpha],5a[alpha]
                                                     ,6[beta],9[beta],9a
                                                     [alpha])-
Endosulfan sulfate...........  1031-07-8..........  6,9-Methano-2,4,3-
                                                     benzodioxathiepin,
                                                     6,7,8,9,10,10-
                                                     hexachloro-
                                                     1,5,5a,6,9,9a-
                                                     hexahydro-, 3,3-
                                                     dioxide
Endrin.......................  72-20-8............  2,7:3,6-
                                                     Dimethanonaphth[2,3-
                                                      b]oxirene,
                                                     3,4,5,6,9,9-
                                                     hexachloro-
                                                     1a,2,2a,3,6,6a,7,7a-
                                                     octahydro-,
                                                     (1a[alpha],2[beta],
                                                     2a[beta],3[alpha],6
                                                     [alpha],
                                                     6a[beta],7[beta],
                                                     7a[alpha])-
Endrin aldehyde..............  7421-93-4..........  1,2,4-
                                                     Methenocyclopenta[c
                                                     d]pentalene-5-
                                                     carboxaldehyde,2,2a
                                                     ,3,3,4,7-
                                                     hexachlorodecahydro-
                                                     ,(1[alpha],2[beta],
                                                     2a[beta],4[beta],4a
                                                     [beta],5[beta],6a[b
                                                     eta], 6b[beta],7R*)-
 
Ethylbenzene.................  100-41-4...........  Benzene, ethyl-
Ethyl methacrylate...........  97-63-2............  2-Propenoic acid, 2-
                                                     methyl-, ethyl
                                                     ester
Ethyl methanesulfonate.......  62-50-0............  Methanesulfonic
                                                     acid, ethyl ester
Famphur......................  52-85-7............  Phosphorothioic
                                                     acid, O-[4-
                                                     [(dimethylamino)sul
                                                     fonyl]pheny l]-O,O-
                                                     dimethyl ester
Fluoranthene.................  206-44-0...........  Fluoranthene
Fluorene.....................  86-73-7............  9H-Fluorene
Heptachlor...................  76-44-8............  4,7-Methano-1H-
                                                     indene,
                                                     1,4,5,6,7,8,8-
                                                     heptachloro-
                                                     3a,4,7,7a-
                                                     tetrahydro-
Heptachlor epoxide...........  1024-57-3..........  2,5-Methano-2H-
                                                     indeno[1,2-
                                                     b]oxirene,
                                                     2,3,4,5,6,7,7-
                                                     heptachloro-
                                                     1a,1b,5,5a,6,6a,-
                                                     hexahydro-,
                                                     (1a[alpha],1b[beta]
                                                     ,2[alpha],5[alpha],
                                                     5a[beta],6[beta],6a
                                                     [alpha])
Hexachlorobenzene............  118-74-1...........  Benzene, hexachloro-
Hexachlorobutadiene..........  87-68-3............  1,3-Butadiene,
                                                     1,1,2,3,4,4-
                                                     hexachloro-
Hexachlorocyclopentadiene....  77-47-4............  1,3-Cyclopentadiene,
                                                     1,2,3,4,5,5-
                                                     hexachloro-
Hexachloroethane.............  67-72-1............  Ethane, hexachloro-
Hexachlorophene..............  70-30-4............  Phenol, 2,2'-
                                                     methylenebis[3,4,6-
                                                     trichloro-
Hexachloropropene............  1888-71-7..........  1-Propene,
                                                     1,1,2,3,3,3-
                                                     hexachloro-
2-Hexanone...................  591-78-6...........  2-Hexanone
Indeno(1,2,3-cd)pyrene.......  193-39-5...........  Indeno[1,2,3-
                                                     cd]pyrene
Isobutyl alcohol.............  78-83-1............  1-Propanol, 2-methyl-
 
Isodrin......................  465-73-6...........  1,4,5,8-
                                                     Dimethanonaphthalen
                                                     e,1,2,3,4,1 0,10-
                                                     hexachloro-
                                                     1,4,4a,5,8,8a
                                                     hexahydro-
                                                     (1[alpha],4[alpha],
                                                     4a[beta],5[beta],8[
                                                     beta],8a[beta])-
Isophorone...................  78-59-1............  2-Cyclohexen-1-one,
                                                     3,5,5-trimethyl-
Isosafrole...................  120-58-1...........  1,3-Benzodioxole, 5-
                                                     (1-propenyl)-
Kepone.......................  143-50-0...........  1,3,4-Metheno-2H-
                                                     cyclobuta-
                                                     [cd]pentalen-2-one,
                                                     1,1a,3,3a,4,5,5,5a,
                                                     5b,6-
                                                     decachlorooctahydro-
 
Lead.........................  (Total)............  Lead
Mercury......................  (Total)............  Mercury
Methacrylonitrile............  126-98-7...........  2-Propenenitrile, 2-
                                                     methyl-
Methapyrilene................  91-80-5............  1,2,Ethanediamine,
                                                     N,N-dimethyl-N'-2-
                                                     pyridinyl- N'-(2-
                                                     thienylmethyl)-
Methoxychlor.................  72-43-5............  Benzene, 1,1'-
                                                     (2,2,2,trichloroeth
                                                     ylidene)bis [4-
                                                     methoxy-
Methyl bromide; Bromomethane.  74-83-9............  Methane, bromo-
Methyl chloride;               74-87-3............  Methane, chloro-
 Chloromethane.
3-Methylcholanthrene.........  56-49-5............  Benz[j]aceanthrylene
                                                     , 1,2- dihydro-3-
                                                     methyl-
Methylene bromide;             74-95-3............  Methane, dibromo-
 Dibromomethane.
Methylene chloride;            75-09-2............  Methane, dichloro-
 Dichloromethane.
Methyl ethyl ketone; MEK.....  78-93-3............  2-Butanone
Methyl iodide; Iodomethane...  74-88-4............  Methane, iodo-
Methyl methacrylate..........  80-62-6............  2-Propenoic acid, 2-
                                                     methyl-, methyl
                                                     ester
Methyl methanesulfonate......  66-27-3............  Methanesulfonic
                                                     acid, methyl ester
2-Methylnaphthalene..........  91-57-6............  Naphthalene, 2-
                                                     methyl-
Methyl parathion; Parathion    298-00-0...........  Phosphorothioic
 methyl.                                             acid, O,O- dimethyl
                                                     O-(4-nitrophenyl)
                                                     ester
4-Methyl-2-pentanone; Methyl   108-10-1...........  2-Pentanone, 4-
 isobutyl ketone.                                    methyl-
Naphthalene..................  91-20-3............  Naphthalene
1,4-Naphthoquinone...........  130-15-4...........  1,4-Naphthalenedione
1-Naphthylamine..............  134-32-7...........  1-Naphthalenamine
2-Naphthylamine..............  91-59-8............  2-Naphthalenamine
Nickel.......................  (Total)............  Nickel
o-Nitroaniline...............  88-74-4............  Benzenamine, 2-nitro-
 

[[Page 66294]]

 
m-Nitroaniline...............  99-09-2............  Benzenamine, 3-nitro-
 
p-Nitroaniline...............  100-01-6...........  Benzenamine, 4-nitro-
 
Nitrobenzene.................  98-95-3............  Benzene, nitro-
o-Nitrophenol................  88-75-5............  Phenol, 2-nitro-
p-Nitrophenol................  100-02-7...........  Phenol, 4-nitro-
4-Nitroquinoline 1-oxide.....  56-57-5............  Quinoline, 4-nitro-,
                                                     1-oxide
N-Nitrosodi-n-butylamine.....  924-16-3...........  1-Butanamine, N-
                                                     butyl-N-nitroso-
N-Nitrosodiethylamine........  55-18-5............  Ethanamine, N-ethyl-
                                                     N-nitroso-
N-Nitrosodimethylamine.......  62-75-9............  Methanamine, N-
                                                     methyl-N-nitroso-
N-Nitrosodiphenylamine.......  86-30-6............  Benzenamine, N-
                                                     nitroso-N-phenyl-
N-Nitrosodipropylamine; Di-n-  621-64-7...........  1-Propanamine, N-
 propylnitrosamine.                                  nitroso-N- propyl-
N-Nitrosomethylethylamine....  10595-95-6.........  Ethanamine, N-methyl-
                                                     N-nitroso-
N-Nitrosomorpholine..........  59-89-2............  Morpholine, 4-
                                                     nitroso-
N-Nitrosopiperidine..........  100-75-4...........  Piperidine, 1-
                                                     nitroso-
N-Nitrosopyrrolidine.........  930-55-2...........  Pyrrolidine, 1-
                                                     nitroso-
5-Nitro-o-toluidine..........  99-55-8............  Benzenamine, 2-
                                                     methyl-5-nitro-
Parathion....................  56-38-2............  Phosphorothioic
                                                     acid, O,O- diethyl-
                                                     O-(4-nitrophenyl)
                                                     ester
Polychlorinated biphenyls;     See Note 4.........  1,1'-Biphenyl,
 PCBs.                                               chloro derivatives
Polychlorinated dibenzo-p-     See Note 5.........  Dibenzo[b,e][1,4]dio
 dioxins; PCDDs.                                     xin, chloro
                                                     derivatives
Polychlorinated                See Note 6.........  Dibenzofuran, chloro
 dibenzofurans; PCDFs.                               derivatives
Pentachlorobenzene...........  608-93-5...........  Benzene, pentachloro-
 
Pentachloroethane............  76-01-7............  Ethane, pentachloro-
Pentachloronitrobenzene......  82-68-8............  Benzene,
                                                     pentachloronitro-
Pentachlorophenol............  87-86-5............  Phenol, pentachloro-
Phenacetin...................  62-44-2............  Acetamide, N-(4-
                                                     ethoxyphenyl)
Phenanthrene.................  85-01-8............  Phenanthrene
Phenol.......................  108-95-2...........  Phenol
p-Phenylenediamine...........  106-50-3...........  1,4-Benzenediamine
Phorate......................  298-02-2...........  Phosphorodithioic
                                                     acid, O,O- diethyl
                                                     S-
                                                     [(ethylthio)methyl]
                                                     ester
2-Picoline...................  109-06-8...........  Pyridine, 2-methyl-
Pronamide....................  23950-58-5.........  Benzamide, 3,5-
                                                     dichloro-N-(1,1-
                                                     dimethyl-2-
                                                     propynyl)-
Propionitrile; Ethyl cyanide.  107-12-0...........  Propanenitrile
Pyrene.......................  129-00-0...........  Pyrene
Pyridine.....................  110-86-1...........  Pyridine
Safrole......................  94-59-7............  1,3-Benzodioxole, 5-
                                                     (2- propenyl)-
Selenium.....................  (Total)............  Selenium
Silver.......................  (Total)............  Silver
Silvex; 2,4,5-TP.............  93-72-1............  Propanoic acid, 2-
                                                     (2,4,5-
                                                     trichlorophenoxy)-
Styrene......................  100-42-5...........  Benzene, ethenyl-
Sulfide......................  18496-25-8.........  Sulfide
2,4,5-T;2,4,5                  93-76-5............  Acetic acid, (2,4,5-
 Trichlorophenoxyacetic acid.                        2,4,5-
                                                     trichlorophenoxy)-
2,3,7,8-TCDD; 2,3,7,8-         1746-01-6..........  Dibenzo[b,e][1,4]dio
 Tetrachlorodibenzo-p-dioxin.                        xin, 2,3,7,8-
                                                     tetrachloro-
1,2,4,5-Tetrachlorobenzene...  95-94-3............  Benzene, 1,2,4,5-
                                                     tetrachloro-
1,1,1,2-Tetrachloroethane....  630-20-6...........  Ethane, 1,1,1,2-
                                                     tetrachloro-
1,1,2,2-Tetrachloroethane....  79-34-5............  Ethane, 1,1,2,2-
                                                     tetrachloro-
Tetrachloroethylene;           127-18-4...........  Ethene, tetrachloro-
 Perchloroethylene;
 Tetrachloroethene.
2,3,4,6-Tetrachlorophenol....  58-90-2............  Phenol, 2,3,4,6-
                                                     tetrachloro-
Tetraethyl                     3689-24-5..........  Thiodiphosphoric
 dithiopyrophosphate;                                acid ([(HO)2 P(S)]2
 Sulfotepp.                                          O), tetraethyl
                                                     ester
Thallium.....................  (Total)............  Thallium
Tin..........................  (Total)............  Tin
Toluene......................  108-88-3...........  Benzene, methyl-
o-Toluidine..................  95-53-4............  Benzenamine, 2-
                                                     methyl-
Toxaphene....................  8001-35-2..........  Toxaphene
1,2,4-Trichlorobenzene.......  120-82-1...........  Benzene, 1,2,4-
                                                     trichloro-
1,1,1-Trichloroethane;         71-55-6............  Ethane, 1,1,1-
 Methylchloroform.                                   trichloro-
1,1,2-Trichloroethane........  79-00-5............  Ethane, 1,1,2-
                                                     trichloro-
Trichloroethylene;             79-01-6............  Ethene, trichloro-
 Trichloroethene.
Trichlorofluoromethane.......  75-69-4............  Methane,
                                                     trichlorofluoro-
2,4,5-Trichlorophenol........  95-95-4............  Phenol, 2,4,5-
                                                     trichloro-
2,4,6-Trichlorophenol........  88-06-2............  Phenol, 2,4,6-
                                                     trichloro-
1,2,3-Trichloropropane.......  96-18-4............  Propane, 1,2,3-
                                                     trichloro-
O,O,O-Triethyl                 126-68-1...........  Phosphorothioic
 phosphorothioate.                                   acid, O,O,O-
                                                     triethyl ester
sym-Trinitrobenzene..........  99-35-4............  Benzene, 1,3,5-
                                                     trinitro-
Vanadium.....................  (Total)............  Vanadium
Vinyl acetate................  108-05-4...........  Acetic acid, ethenyl
                                                     ester
Vinyl chloride...............  75-01-4............  Ethene, chloro-
Xylene (total)...............  1330-20-7..........  Benzene, dimethyl-
Zinc.........................  (Total)............  Zinc
------------------------------------------------------------------------
\1\ Common names are those widely used in government regulations,
  scientific publications, and commerce; synonyms exist for many
  chemicals.

[[Page 66295]]

 
\2\ Chemical Abstracts Service registry number. Where ``Total'' is
  entered, all species in the ground water that contain this element are
  included.
\3\ CAS index names are those used in the 9th Cumulative Index.
\4\ Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains
  congener chemicals, including constituents of Aroclor-1016 (CAS RN
  12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN
  11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN
  12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS
  RN 11096-82-5).
\5\ This category contains congener chemicals, including
  tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD),
  pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins.
\6\ This category contains congener chemicals, including
  tetrachlorodibenzofurans, pentachlorodibenzofurans, and
  hexachlorodibenzofurans.

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    24. The authority citation for part 265 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 
6935, 6936 and 6937, unless otherwise noted.

Subpart AA--Air Emission Standards for Process Vents

    25. Section 265.1034 is amended by revising paragraphs (c)(1)(ii), 
(c)(1)(iv), (d)(1)(iii) and (f) to read as follows:


Sec.  265.1034  Test methods and procedures.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for 
organic content. If Method 25A is used, the organic HAP used as the 
calibration gas must be the single organic HAP representing the largest 
percent by volume of the emissions. The use of Method 25A is acceptable 
if the response from the high-level calibration gas is at least 20 
times the standard deviation of the response from the zero calibration 
gas when the instrument is zeroed on the most sensitive scale.
* * * * *
    (iv) Total organic mass flow rates shall be determined by the 
following equation:
    (A) For sources utilizing Method 18.
    [GRAPHIC] [TIFF OMITTED] TP30OC02.001
    
Where:
Eh = Total organic mass flow rate, kg/h;
Q2sd = Volumetric flow rate of gases entering or exiting 
control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i 
in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent 
gas, kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 
mm Hg);
10-6 Conversion from ppm

    (B) For sources utilizing Method 25A.

Eh = (Q)(C)(MW)(0.0416)(10-6)

Where:
Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, 
as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 
mm Hg);
10-6 = Conversion from ppm.
* * * * *
    (d) * * *
    (1) * * *
    (iii) Each sample shall be analyzed and the total organic 
concentration of the sample shall be computed using Method 9060 
(incorporated by reference under Sec.  260.11) of ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846; or analyzed for its individual organic constituents by using 
appropriate methods such as Method 8260 of EPA Publication SW-846, or 
using appropriate methods from other reliable sources.
* * * * *
    (f) When an owner or operator and the Regional Administrator do not 
agree on whether a distillation, fractionation, thin-film evaporation, 
solvent extraction, or air or steam stripping operation manages a 
hazardous waste with organic concentrations of at least 10 ppmw based 
on knowledge of the waste, the dispute may be resolved using an 
appropriate method such as Method 8260 of ``Test Methods for Evaluating 
Solid Waste'' (EPA Publication SW-846) or using appropriate methods 
from other reliable sources.

Subpart BB--Air Emission Standards for Equipment Leaks

    26. Section 265.1063 is amended by revising paragraph (d)(2) to 
read as follows:


Sec.  265.1063  Test methods and procedures.

* * * * *
    (d) * * *
    (2) Method 9060 (incorporated by reference under Sec.  260.11) of 
``Test Methods for Evaluating Solid Waste,'' EPA Publication SW-846 or 
analyzed for its individual organic constituents by using appropriate 
methods such as Method 8260 of EPA Publication SW-846 or using 
appropriate methods from other reliable sources; or
* * * * *

Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, 
and Containers

    27. Section 265.1081 is amended by revising the definition ``Waste 
stabilization process'' to read as follows:


Sec.  265.1081  Definitions.

* * * * *
    Waste stabilization process means any physical or chemical process 
used to either reduce the mobility of hazardous constituents in a 
hazardous waste or eliminate free liquids as determined by Test Method 
9095 (Paint Filter Liquids Test) in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as 
incorporated by reference in Sec.  260.11. A waste stabilization 
process includes mixing the hazardous waste with binders or other 
materials, and curing the resulting hazardous waste and binder mixture. 
Other synonymous terms used to refer to this process are ``waste 
fixation'' or ``waste solidification.'' This does not include the 
adding of absorbent materials to the surface of a waste, without 
mixing, agitation, or subsequent curing, to absorb free liquid.
    28. Section 265.1084 is amended by revising paragraphs 
(a)(3)(ii)(C), (a)(3)(iii), (b)(3)(ii)(C), (b)(3)(iii), and (c)(3)(i) 
to read as follows:


Sec.  265.1084  Waste determination procedures.

    (a) * * *
    (3) * * *
    (ii) * * *
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in 
a site sampling plan. This plan shall describe the procedure by which 
representative samples of the hazardous waste stream are collected such 
that a minimum loss

[[Page 66296]]

of organics occurs throughout the sample collection and handling 
process, and by which sample integrity is maintained. A copy of the 
written sampling plan shall be maintained on-site in the facility 
operating records. An example of an acceptable sampling plan includes a 
plan incorporating sample collection and handling procedures in 
accordance with the guidance found in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, or in 
Method 25D in 40 CFR part 60, appendix A.
* * * * *
    (iii) Analysis. Each collected sample shall be prepared and 
analyzed in accordance with Method 25D in 40 CFR part 60, appendix A, 
or using one or more other appropriate methods from other reliable 
sources. If Method 25D in 40 CFR part 60, appendix A is not used, then 
one or more methods should be chosen that are appropriate to ensure 
that the waste determination accounts for and reflects all organic 
compounds in the waste with Henry's law constant values at least 0.1 
mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 
Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/
gram-mole/m3] at 25 degrees Celsius. Examples of other 
methods from other reliable sources which might be appropriate include 
Method 8260 or 8270 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846; or Method 624, 
625, 1624, or 1625 of 40 CFR part 136, appendix A. At the owner or 
operator's discretion, the owner or operator may adjust test data 
obtained by any appropriate method to discount any contribution to the 
total volatile organic concentration that is a result of including a 
compound with a Henry's law constant value of less than 0.1 Y/X at 25 
degrees Celsius. To adjust these data, the measured concentration of 
each individual chemical constituent contained in the waste is 
multiplied by the appropriate constituent-specific adjustment factor 
(fm25D). If the owner or operator elects to adjust test 
data, the adjustment must be made to all individual chemical 
constituents with a Henry's law constant value greater than or equal to 
0.1 Y/X at 25 degrees Celsius contained in the waste. Constituent-
specific adjustment factors (fm25D) can be obtained by 
contacting the Waste and Chemical Processes Group, Office of Air 
Quality Planning and Standards, Research Triangle Park, NC 27711. In 
addition to the requirement to reflect all organic compounds in the 
waste with Henry's law constant values greater than or equal to 0.1 Y/X 
[which can also be expressed as 1.8 x 10-6 atmospheres/gram-
mole/m3] at 25 degrees Celsius, other appropriate methods 
include:
    (A) Any EPA standard method that has been validated in accordance 
with ``Alternative Validation Procedure for EPA Waste and Wastewater 
Methods'', 40 CFR part 63, appendix D.
    (B) Any other analysis method that has been validated in accordance 
with the procedures specified in Section 5.1 or Section 5.3, and the 
corresponding calculations in Section 6.1 or Section 6.3, of Method 301 
in 40 CFR part 63, appendix A. The data are acceptable if they meet the 
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If 
correction is required under section 6.3.3 of Method 301, the data are 
acceptable if the correction factor is within the range 0.7 to 1.30. 
Other sections of Method 301 are not required.
* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in 
a site sampling plan. This plan shall describe the procedure by which 
representative samples of the hazardous waste stream are collected such 
that a minimum loss of organics occurs throughout the sample collection 
and handling process, and by which sample integrity is maintained. A 
copy of the written sampling plan shall be maintained on-site in the 
facility operating records. An example of an acceptable sampling plan 
includes a plan incorporating sample collection and handling procedures 
in accordance with the guidance found in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, or in 
Method 25D in 40 CFR part 60, appendix A.
* * * * *
    (iii) Analysis. Each collected sample shall be prepared and 
analyzed in accordance with Method 25D in 40 CFR part 60, appendix A, 
or using one or more appropriate methods from other reliable sources. 
When the owner or operator is making a waste determination for a 
treated hazardous waste that is to be compared to an average VO 
concentration at the point of waste origination or the point of waste 
entry to the treatment system, to determine if the conditions of Sec.  
264.1082(c)(2)(i) through (c)(2)(vi) of this part, or Sec.  
265.1083(c)(2)(i) through (c)(2)(vi) of this subpart are met, then the 
waste samples shall be prepared and analyzed using the same method or 
methods as were used in making the initial waste determinations at the 
point of waste origination or at the point of entry to the treatment 
system. If Method 25D in 40 CFR part 60, appendix A is not used, then 
one or more methods should be chosen that are appropriate to ensure 
that the waste determination accounts for and reflects all organic 
compounds in the waste with Henry's law constant values at least 0.1 
mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 
Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/
gram-mole/m3] at 25 degrees Celsius. Examples of other 
methods from other reliable sources which might be appropriate include 
Method 8260 or 8270 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846; or Method 624, 
625, 1624, or 1625 of 40 CFR part 136, appendix A. At the owner or 
operator's discretion, the owner or operator may adjust test data 
obtained by any appropriate method to discount any contribution to the 
total volatile organic concentration that is a result of including a 
compound with a Henry's law constant value less than 0.1 Y/X at 25 
degrees Celsius. To adjust these data, the measured concentration of 
each individual chemical constituent in the waste is multiplied by the 
appropriate constituent-specific adjustment factor (fm25D). 
If the owner or operator elects to adjust test data, the adjustment 
must be made to all individual chemical constituents with a Henry's law 
constant value greater than or equal to 0.1 Y/X at 25 degrees Celsius 
contained in the waste. Constituent-specific adjustment factors 
(fm25D) can be obtained by contacting the Waste and Chemical 
Processes Group, Office of Air Quality Planning and Standards, Research 
Triangle Park, NC 27711. In addition to the requirement to reflect all 
organic compounds in the waste with Henry's law constant values greater 
than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 
10-6 atmospheres/gram-mole/m3] at 25 degrees 
Celsius, other appropriate methods include:
    (A) Any EPA standard method that has been validated in accordance 
with ``Alternative Validation Procedure for EPA Waste and Wastewater 
Methods'', 40 CFR part 63, appendix D.
    (B) Any other analysis method that has been validated in accordance 
with the procedures specified in Section 5.1 or Section 5.3, and the 
corresponding calculations in Section 6.1 or Section 6.3, of Method 301 
in 40 CFR part 63, appendix A. The data are acceptable if they meet the 
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If 
correction is required under

[[Page 66297]]

section 6.3.3 of Method 301, the data are acceptable if the correction 
factor is within the range 0.7 to 1.30. Other sections of Method 301 
are not required.
* * * * *
    (c) * * *
    (3) * * *
    (i) Sampling. A sufficient number of samples shall be collected to 
be representative of the waste contained in the tank. All samples shall 
be collected and handled in accordance with written procedures prepared 
by the owner or operator and documented in a site sampling plan. This 
plan shall describe the procedure by which representative samples of 
the hazardous waste are collected such that a minimum loss of organics 
occurs throughout the sample collection and handling process and by 
which sample integrity is maintained. A copy of the written sampling 
plan shall be maintained on-site in the facility operating records. An 
example of an acceptable sampling plan includes a plan incorporating 
sample collection and handling procedures in accordance with the 
guidance found in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, or in Method 25D in 40 CFR 
part 60, appendix A.
* * * * *

PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

    29. The authority citation for part 266 continues to read as 
follows:

    Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 6906, 
6912, 6922, 6924-6927 and 6937.

Subpart H--Hazardous Waste Burned in Boilers and Industrial 
Furnaces

    30. Section 266.100 is amended by revising paragraphs (d)(1)(ii) 
and (g)(2) to read as follows:


Sec.  266.100  Applicability.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Sample and analyze the hazardous waste and other feedstocks as 
necessary to comply with the requirements of this paragraph by using 
appropriate methods such as those found in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, or other reliable sources. The owner or operator shall use the 
best available method for the particular determination; and
* * * * *
    (g) * * *
    (2) Sample and analyze the hazardous waste as necessary to document 
that the waste is burned for recovery of economically significant 
amounts of precious metal, by using appropriate methods such as those 
found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication SW-846, or other reliable sources. The owner 
or operator shall use the best available method for the particular 
determination; and
* * * * *
    31. Section 266.102 is amended by revising paragraph (b)(1) to read 
as follows:


Sec.  266.102  Permit standards for burners.

* * * * *
    (b) Hazardous waste analysis. (1) The owner or operator must 
provide an analysis of the hazardous waste that quantifies the 
concentration of any constituent identified in appendix VIII of part 
261 of this chapter that may reasonably be expected to be in the waste. 
Such constituents must be identified and quantified if present, at 
levels detectable by using appropriate analytical procedures such as 
those found in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, or other reliable sources. 
The owner or operator shall use the best available method for the 
particular determination. The appendix VIII, part 261 constituents 
excluded from this analysis must be identified and the basis for their 
exclusion explained. This analysis will be used to provide all 
information required by this subpart and Sec. Sec.  270.22 and 270.66 
of this chapter and to enable the permit writer to prescribe such 
permit conditions as necessary to protect human health and the 
environment. Such analysis must be included as a portion of the part B 
permit application, or, for facilities operating under the interim 
status standards of this subpart, as a portion of the trial burn plan 
that may be submitted before the part B application under provisions of 
Sec.  270.66(g) of this chapter as well as any other analysis required 
by the permit authority in preparing the permit. Owners and operators 
of boilers and industrial furnaces not operating under the interim 
status standards must provide the information required by Sec. Sec.  
270.22 or 270.66(c) of this chapter in the part B application to the 
greatest extent possible.
* * * * *
    32. Section 266.106 is amended by revising paragraph (a) to read as 
follows:


Sec.  266.106  Standards to control metals emissions.

    (a) General. The owner or operator must comply with the metals 
standards provided by paragraphs (b), (c), (d), (e), or (f) of this 
section for each metal listed in paragraph (b) of this section that is 
present in the hazardous waste at detectable levels by using 
appropriate analytical procedures such as those found in ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods'' (EPA 
Publication SW-846) or other reliable sources.
* * * * *
    33. Section 266.112 is amended by revising paragraph (b)(1), 
introductory text, and paragraph (b)(2)(i) to read as follows:


Sec.  266.112  Regulation of residues.

* * * * *
    (b) * * *
    (1) Comparison of waste-derived residue with normal residue. The 
waste-derived residue must not contain appendix VIII, part 261 
constituents (toxic constituents) that could reasonably be attributable 
to the hazardous waste at concentrations significantly higher than in 
residue generated without burning or processing of hazardous waste, 
using the following procedure. Toxic compounds that could reasonably be 
attributable to burning or processing the hazardous waste (constituents 
of concern) include toxic constituents in the hazardous waste, and the 
organic compounds listed in appendix VIII of this part that may be 
generated as products of incomplete combustion. Sampling and analyses 
shall be conducted by using appropriate methods such as those found in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, or other reliable sources. For polychlorinated 
dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be 
performed to determine specific congeners and homologues, and the 
results converted to 2,3,7,8-TCDD equivalent values using the procedure 
specified in section 4.0 of appendix IX of this part.
* * * * *
    (2) Comparison of waste-derived residue concentrations with health-
based limits--(i) Nonmetal constituents. The concentration of each 
nonmetal toxic constituent of concern (specified in paragraph (b)(1) of 
this section) in the waste-derived residue must not exceed the health-
based level specified in appendix VII of this part, or the level of 
detection (which must be determined by using appropriate analytical 
procedures such as those contained in ``Test

[[Page 66298]]

Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, or other reliable sources), whichever is higher. If 
a health-based limit for a constituent of concern is not listed in 
appendix VII of this part, then a limit of 0.002 micrograms per 
kilogram or the level of detection (which must be determined by using 
appropriate analytical procedures such as those found in EPA 
Publication SW-846 or other reliable sources), whichever is higher, 
must be used. The levels specified in appendix VII of this part (and 
the default level of 0.002 micrograms per kilogram or the level of 
detection for constituents as identified in Note 1 of appendix VII of 
this chapter) are administratively stayed under the condition, for 
those constituents specified in paragraph (b)(1) of this section, that 
the owner or operator complies with alternative levels defined as the 
land disposal restriction limits specified in Sec.  268.43 of this 
chapter for F039 nonwastewaters. In complying with those alternative 
levels, if an owner or operator is unable to detect a constituent 
despite documenting use of best good-faith efforts as defined by 
applicable Agency guidance or standards, the owner or operator is 
deemed to be in compliance for that constituent. Until new guidance or 
standards are developed, the owner or operator may demonstrate such 
good-faith efforts by achieving a detection limit for the constituent 
that does not exceed an order of magnitude above the level provided by 
Sec.  268.43 of this chapter for F039 nonwastewaters. In complying with 
the Sec.  268.43 of this chapter F039 nonwastewater levels for 
polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, 
analyses must be performed for total hexachlorodibenzo-p-dioxins, total 
hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total 
pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins, and total 
tetrachlorodibenzofurans. Note to paragraph (b)(2)(i): The 
administrative stay, under the condition that the owner or operator 
complies with alternative levels defined as the land disposal 
restriction limits specified in Sec.  268.43 of this chapter for F039 
nonwastewaters, remains in effect until further administrative action 
is taken and notice is published in the Federal Register and the Code 
of Federal Regulations.
* * * * *
    34. Appendix IX of part 266 is amended to:
    a. Revise sections 1.0 and section 3.0,
    b. Revise the first paragraph of section 4.0,
    c. Revise paragraph (2) of section 10.3,
    d. Revise the fifth bullet of paragraph (1) of section 10.5,
    e. Revise the third dash text under the second bullet of paragraph 
(2) of section 10.5,
    f. Revise the third and fifth bullets of paragraph (5) of section 
10.5,
    g. Revise the fourth bullet of paragraph (1) of section 10.6,
    h. Revise the third and fourth bullets of paragraph (5) of section 
10.6.
    The revisions read as follows:

Appendix IX--Methods Manual for Compliance with the BIF Regulations

* * * * *

Section 1.0 Introduction

    This document presents required methods for demonstrating 
compliance with U.S. Environmental Protection Agency regulations for 
boilers and industrial furnaces (BIFs) burning hazardous waste (see 
40 CFR part 266, subpart H). The methods included in this document 
are:
    1. Performance Specifications for Continuous Emission Monitoring 
(CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.
    2. Procedures for Estimating the Toxicity Equivalency of 
Chlorinated Dibenzo-p-dioxin and Dibenzofuran Congeners.
    3. Hazardous Waste Combustion Air Quality Screening Procedures 
(HWCAQSP).
    4. Simplified Land Use Classification Procedure for Compliance 
with Tier I and Tier II Limits.
    5. Statistical Methodology for Bevill Residue Determinations.
    6. Procedures for Determining Default Values for Air Pollution 
Control System Removal Efficiencies.
    7. Procedures for Determining Default Values for Partitioning of 
Metals, Ash, and Total Chloride/Chlorine.
    8. Alternate Methodology for Implementing Metals Controls.
    a. Sampling and analytical methods for multiple metals, 
hexavalent chromium, HCl and chlorine, polychlorinated dibenzo-p-
dioxins and dibenzofurans, and aldehydes and ketones can be found in 
``Test Methods for Evaluating Solid Wastes, Physical/Chemical 
Methods'' (EPA Publication SW-846). Additional methods referenced in 
subpart H of part 266 but not included in this document can be found 
in 40 CFR parts 60 and 61, and SW-846.
    b. The CEM performance specifications of section 2.0, the 
relevant sampling Methods 0011, 0023A, 0050, 0051, 0060, and 0061 of 
SW-846, incorporated by reference in Sec.  260.11, and the toxicity 
equivalency procedure for dioxins and furans of section 4.0 are 
required procedures for determining compliance with BIF regulations. 
For the determination of chloride from HCl/Cl2 emission 
sampling train, you must use appropriate methods such as Method 9057 
of SW-846 or other appropriate methods from other reliable sources. 
For the determination of carbonyl compounds by high-performance 
liquid chromatography, you must use appropriate methods such as 
Method 8315 of SW-846 or other appropriate methods from other 
reliable sources. The CEM performance specifications are interim. 
The finalized CEM performance specifications will be published in 40 
CFR parts 60 and 61.
* * * * *

Section 3.0 Sampling and Analytical Methods

    Note: The sampling and analytical methods to the BIF manual are 
published in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846.

Section 4.0 Procedure for Estimating the Toxicity Equivalency of 
Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners

    PCDDs and PCDFs must be determined using the most recent version of 
SW-846 Method 0023A, as identified and incorporated by reference in 
Sec.  260.11. In this method, individual congeners or 
homologues1 are measured and then summed to yield a total 
PCDD/PCDF value. No toxicity factors are specified in the method to 
compute risks from such emissions.
* * * * *

Section 10.0--Alternative Methodology for Implementing Metals Controls

* * * * *
    10.3 Basis
* * * * *
    (2) The metal concentrations in the collected kiln dust can be 
accurately and representatively measured (by using appropriate 
procedures such as those found in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods'' (EPA Publication SW-846) or other 
reliable sources).
* * * * *
    10.5 Implementation Procedures
* * * * *
    (1) * * *
    [sbull] Follow appropriate guidelines such as those described in 
SW-846 or other reliable sources for preparing test plans and waste 
analysis plans for the following tests:
* * * * *
    (2) * * *
    --Follow appropriate sampling and analytical procedures such as 
those described in SW-846 or other reliable sources and the waste 
analysis plan as they pertain to the condition and accessibility of the 
dust.
* * * * *
    (5) * * *
    [sbull] Follow the sampling, compositing, and analytical procedures 
described in this method and in other appropriate

[[Page 66299]]

methods such as those found in SW-846 or other reliable sources, as 
they pertain to the condition and accessibility of the kiln dust.
    * * *
    [sbull] Samples must be collected at least once every 8 hours, and 
a daily composite must be prepared according to appropriate procedures 
such as those found in SW-846 or other reliable sources.
* * * * *
    10.6 Precompliance Procedures
* * * * *
    (1) * * *
    [sbull] Follow appropriate procedures such as those described in 
SW-846 or other reliable sources for preparing waste analysis plans for 
the following tasks:
* * * * *
    (5) * * *
    [sbull] Follow the sampling, compositing, and analytical procedures 
described in this method and in other appropriate methods such as those 
found in SW-846 or other reliable sources as they pertain to the 
condition and accessibility of the kiln dust.
    [sbull] Samples must be collected at least once every 8 hours, and 
a daily composite must be prepared according to appropriate procedures 
such as those found in SW-846 or other reliable sources.
* * * * *

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE 
PERMIT

    35. The authority citation for part 270 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 
6974.

Subpart B--Permit Application

    36. Section 270.19 is amended by revising paragraphs (c)(1)(iii) 
and (iv) to read as follows:


Sec.  270.19  Specific part B information requirements for 
incinerators.

* * * * *
    (c) * * *
    (1) * * *
    (iii) An identification of any hazardous organic constituents 
listed in part 261, appendix VIII, of this chapter, which are present 
in the waste to be burned, except that the applicant need not analyze 
for constituents listed in part 261, appendix VIII, of this chapter 
which would reasonably not be expected to be found in the waste. The 
constituents excluded from analysis must be identified and the basis 
for their exclusion stated. The waste analysis must rely on appropriate 
analytical techniques such as those found in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, or other reliable sources.
    (iv) An approximate quantification of the hazardous constituents 
identified in the waste, within the precision produced by appropriate 
analytical methods such as those found in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, or 
other reliable sources.
* * * * *
    37. Section 270.22 is amended by revising paragraph (a)(2)(ii)(B) 
to read as follows:


Sec.  270.22  Specific part B information requirements for boilers and 
industrial furnaces burning hazardous wastes.

* * * * *
    (a) * * *
    (2) * * *
    (ii) * * *
    (B) Results of analyses of each waste to be burned, documenting the 
concentrations of nonmetal compounds listed in appendix VIII of part 
261 of this chapter, except for those constituents that would 
reasonably not be expected to be in the waste. The constituents 
excluded from analysis must be identified and the basis for their 
exclusion explained. The analysis must rely on appropriate analytical 
techniques such as those found in Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods, EPA Publication SW-846, or other 
reliable sources.
* * * * *

Subpart F--Special Forms of Permits

    38. Section 270.62 is amended by revising paragraphs (b)(2)(i)(C) 
and (D) to read as follows:


Sec.  270.62  Hazardous waste incinerator permits.

* * * * *
    (b) * * *
    (2) * * *
    (i) * * *
    (C) An identification of any hazardous organic constituents listed 
in part 261, appendix VIII of this chapter, which are present in the 
waste to be burned, except that the applicant need not analyze for 
constituents listed in part 261, appendix VIII, of this chapter which 
would reasonably not be expected to be found in the waste. The 
constituents excluded from analysis must be identified, and the basis 
for the exclusion stated. The waste analysis must rely on appropriate 
analytical techniques such as those found in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, or other reliable sources.
    (D) An approximate quantification of the hazardous constituents 
identified in the waste, within the precision produced by appropriate 
analytical methods such as those found in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, or 
other reliable sources.
* * * * *
    39. Section 270.66 is amended by revising paragraphs (c)(2)(i) and 
(ii) to read as follows:


Sec.  270.66  Permits for boilers and industrial furnaces burning 
hazardous waste.

* * * * *
    (c) * * *
    (2) * * *
    (i) An identification of any hazardous organic constituents listed 
in appendix VIII, part 261, of this chapter that are present in the 
feed stream, except that the applicant need not analyze for 
constituents listed in appendix VIII that would reasonably not be 
expected to be found in the hazardous waste. The constituents excluded 
from analysis must be identified and the basis for this exclusion 
explained. The waste analysis must be conducted in accordance with 
appropriate analytical techniques such as those found in ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, or other reliable sources.
    (ii) An approximate quantification of the hazardous constituents 
identified in the hazardous waste, within the precision produced by 
appropriate analytical methods such as those found in ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, or other source.
* * * * *

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE 
PROGRAMS

    40. The authority citation for part 271 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a) and 6926.

    41. Section 271.1(j) is amended by adding the following entry to 
Table 1 in chronological order by date of publication in the Federal 
Register, to read as follows:


Sec.  271.1  Purpose and scope.

    (j) * * *

[[Page 66300]]



               Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                                                     Federal Register
         Promulgation date               Title of regulation             reference            Effective date
----------------------------------------------------------------------------------------------------------------
[Date of publication of final rule   Process Vent and Equipment   [FR page numbers].....  [Date of publication
 in the Federal Register (FR)].       Leak Organic Air Emission                            of final rule].
                                      Standards for Owners and
                                      Operators of Hazardous
                                      Waste Treatment, Storage,
                                      and Disposal Facilities.
[Date of publication of final rule   Burning of Hazardous Waste   [FR page numbers].....  [Date of publication
 in the Federal Register (FR)].       in Boilers and Industrial                            of final rule].
                                      Furnaces.
[Date of publication of final rule   Air Emission Standards       [FR page numbers].....  [Date of publication
 in the Federal Register (FR)].       Tanks, Surface                                       of final rule].
                                      Impoundments, and
                                      Containers.
----------------------------------------------------------------------------------------------------------------


[[Page 66301]]

    42. Section 271.21 is amended by adding the following entry to 
Table 1 in chronological order by date of publication in the Federal 
Register, to read as follows:


Sec.  271.21  Procedures for revision of State programs.

* * * * *

                                             Table 1 to Sec. 271.21
----------------------------------------------------------------------------------------------------------------
           Title of regulation                   Promulgation date              Federal Register  reference
----------------------------------------------------------------------------------------------------------------
Office of Solid Waste Testing and         [Date of publication of final    [FR page numbers].
 Monitoring Activities, Methods            rule in the Federal Register
 Innovation Rule.                          (FR)].
Process Vent and Equipment Leak Organic   [Date of publication of final    [FR page numbers].
 Air Emission Standards for Owners and     rule in the Federal Register
 Operators of Hazardous Waste Treatment,   (FR)].
 Storage, and Disposal Facilities.
Burning of hazardous waste in boilers     [Date of publication of final    [FR page numbers].
 and industrial furnaces.                  rule in the Federal Register
                                           (FR)].
Air Emissions Standards for Tanks,        [Date of publication of final    [FR page numbers].
 Surface Impoundments, and Containers.     rule in the Federal Register
                                           (FR)].
----------------------------------------------------------------------------------------------------------------

PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL

    43. The authority citation for part 279 continues to read as 
follows:

    Authority: Sections 1006, 2002(a), 3001 through 3007, 3010, 
3014, and 7004 of the Solid Waste Disposal Act, as amended (42 
U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974); and 
sections 101(37) and 114(c) of CERCLA (42 U.S.C. 9601(37) and 
9614(c)).

Subpart B--Applicability

    44. Section 279.10 is amended by revising paragraph (b)(1)(ii) 
introductory text to read as follows:


Sec.  279.10  Applicability.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Rebuttable presumption for used oil. Used oil containing more 
than 1,000 ppm total halogens is presumed to be a hazardous waste 
because it has been mixed with halogenated hazardous waste listed in 
subpart D of part 261 of this chapter. Persons may rebut this 
presumption by demonstrating that the used oil does not contain 
hazardous waste (for example, by using an appropriate analytical method 
such as those found in ``Test Methods for Evaluating Solid Waste, 
Chemical/Physical Methods,'' EPA Publication SW-846, or other reliable 
sources to show that the used oil does not contain significant 
concentrations of halogenated hazardous constituents listed in appendix 
VIII of part 261 of this chapter).
* * * * *

Subpart E--Standards for Used Oil Transporter and Transfer 
Facilities

    45. Section 279.44 is amended by revising the introductory text of 
paragraph (c) to read as follows:


Sec.  279.44  Rebuttable presumption for used oil.

* * * * *
    (c) If the used oil contains greater than or equal to 1,000 ppm 
total halogens, it is presumed to be a hazardous waste because it has 
been mixed with halogenated hazardous waste listed in subpart D of part 
261 of this chapter. The owner or operator may rebut the presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by using an appropriate analytical method such as those found 
in ``Test Methods for Evaluating Solid Waste, Chemical/Physical 
Methods,'' EPA Publication SW-846, or other reliable sources to show 
that the used oil does not contain significant concentrations of 
halogenated hazardous constituents listed in Appendix VIII of part 261 
of this chapter).
* * * * *

Subpart F--Standards for Used Oil Processors and Re-Refiners

    46. Section 279.53 is amended by revising paragraph (c) 
introductory text to read as follows:


Sec.  279.53  Rebuttable presumption for used oil.

* * * * *
    (c) If the used oil contains greater than or equal to 1,000 ppm 
total halogens, it is presumed to be a hazardous waste because it has 
been mixed with halogenated hazardous waste listed in subpart D of part 
261 of this chapter. The owner or operator may rebut the presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by using an appropriate analytical method such as those found 
in ``Test Methods for Evaluating Solid Waste, Chemical/Physical 
Methods,'' EPA Publication SW-846, or other reliable sources to show 
that the used oil does not contain significant concentrations of 
halogenated hazardous constituents listed in Appendix VIII of part 261 
of this chapter).
* * * * *

Subpart G--Standards for Used Oil Burners Who Burn Off-
Specification Used Oil for Energy Recovery

    47. Section 279.63 is amended by revising paragraph (c) 
introductory text to read as follows:


Sec.  279.63  Rebuttable presumption for used oil.

* * * * *
    (c) If the used oil contains greater than or equal to 1,000 ppm 
total halogens, it is presumed to be a hazardous waste because it has 
been mixed with halogenated hazardous waste listed in subpart D of part 
261 of this chapter. The owner or operator may rebut the presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by using an appropriate analytical method such as those found 
in ``Test Methods for Evaluating Solid Waste, Chemical/Physical 
Methods,'' EPA Publication SW-846, or other reliable sources to show 
that the used oil does not contain significant concentrations of 
halogenated hazardous constituents listed in Appendix VIII of part 261 
of this chapter).
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[FR Doc. 02-26441 Filed 10-29-02; 8:45 am]
BILLING CODE 6560-50-P