[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Rules and Regulations]
[Pages 34538-34592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10197]



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Part II





Environmental Protection Agency





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40 CFR Parts 63, 268, et al.



Waste Management System; Testing and Monitoring Activities; Final Rule: 
Methods Innovation Rule and SW-846 Final Update IIIB; Final Rule

  Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules 
and Regulations  

[[Page 34538]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 63, 258, 260, 261, 264, 265, 266, 268, 270, 271, and 
279

[RCRA-2002-0025; FRL-7916-1]
RIN 2050-AE41


Waste Management System; Testing and Monitoring Activities; Final 
Rule: Methods Innovation Rule and SW-846 Final Update IIIB

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is amending a variety of 
testing and monitoring requirements in the Resource Conservation and 
Recovery Act (RCRA) hazardous and non-hazardous solid waste regulations 
and for certain Clean Air Act (CAA) regulations that relate to 
hazardous waste combustors. These amendments allow more flexibility 
when conducting RCRA-related sampling and analysis by removing from the 
regulations a requirement to use the methods found in ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods,'' also known as 
``SW-846,'' in conducting various testing and monitoring and by 
limiting required uses of an SW-846 method to circumstances where the 
method is the only one capable of measuring the particular property 
(i.e., the method is used to measure a required method-defined 
parameter). This action is an important step forward in implementing 
the use of a performance-based approach, which is part of the Agency's 
efforts toward Innovating for Better Environmental Results. 
Additionally, the Agency is making certain other clarifications and 
technical amendments. These changes should make it easier and more cost 
effective to comply with the affected regulations, without compromising 
human health or environmental protection.

DATES: This final rule is effective on July 14, 2005. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of July 14, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. RCRA-2002-0025. All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information for which disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
in EDOCKET or in hard copy at the OSWER RCRA Docket, EPA/DC, EPA West, 
Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744. This Docket Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
Docket telephone number is (202) 566-0270.

FOR FURTHER INFORMATION CONTACT: For information on this rulemaking, 
contact Kim Kirkland at: Office of Solid Waste (5307W), U. S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, SW., 
Washington, DC 20460-0002, (703) 308-8855, e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    You may be covered by this action if you conduct waste sampling and 
analysis for Resource Conservation and Recovery Act (RCRA)-or National 
Emission Standards for Hazardous Air Pollutants (NESHAP)-related 
activities. Covered entities include anyone who generates, treats, 
stores, or disposes of hazardous or nonhazardous solid waste and is 
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 hazardous and nonhazardous 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 your 
regulatory authority.

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

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

      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,    --Paper copies of the SW-846, Third
 U.S. Government Printing        Edition, basic manual and of certain
 Office (GPO), Washington, DC    updates, including Final Updates, I,
 20402, phone (202) 512-1800,    II, IIA, IIB, III, and IIIB and Draft
 toll free (866) 512-1800, fax   Update IVA. The subscriber must
 orders (202) 512-2250, and      integrate the updates.
 online: http://bookstore.gpo.gov.
National Technical Information  --Paper copy of an integrated version of
 Service (NTIS), 5285 Port       SW-846, Third Edition, as amended by
 Royal Road, Springfield, VA     Final Updates, I, II, IIA, IIB, III,
 22161, (703) 605-6000 or        and IIIA.
 (800) 553-6847.                --Individual paper copies of the SW-846,
                                 Third Edition, basic manual and of
                                 certain updates, including Final
                                 Updates I, II, IIA, IIB, III, IIIA, and
                                 IIIB and Draft Updates IVA and IVB.
                                --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/   --Integrated version of SW-846, Third
 SW-846.                         Edition, as amended by Final Updates I,
                                 II, IIA, IIB, III, IIIA, and IIB (pdf
                                 electronic copy).
                                --Draft Update IVA (pdf electronic
                                 copy).
                                --Draft Update IVB (pdf electronic
                                 copy).
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C. What Is the Legal Authority for This Action?

    We are promulgating the part 258, 260, 261, 264-266, 268, 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, as 
amended. We are promulgating the part 63 regulation under the authority 
of sections 112 and 114 of the Clean Air Act.

D. How Is the Rest of This Preamble Organized?

II. Summary of Today's Rule
III. Background and Purpose of Action To Reform RCRA-Related Testing 
and Monitoring
    A. Public Comments Regarding How to Determine if a Method Is 
Appropriate
    B. Public Comments Regarding Other Approaches
    C. Public Comments Regarding Impacts From Removal of Required 
Uses of SW-846 Methods
IV. Regulatory Revisions Involving Removal of SW-846 Requirements
V. Editorial Corrections to SW-846 References in the RCRA Testing 
and Monitoring Regulations
VI. Action to Withdraw the Reactivity Interim Guidance from SW-846 
Chapter Seven and Remove Required SW-846 Reactivity Analyses and 
Threshold Levels from Conditional Delistings
VII. Clarifications to Corrosivity and Ignitability Hazardous Waste 
Characteristics
    A. Revision to Sec.  261.22(a)(2) to Clarify that SW-846 Method 
1110A Is the SW-846 Standardized Version of the NACE Standard 
Specified for Corrosivity Characteristic Testing
    B. Revisions to Sec.  261.21(a)(1) to Remove an Unnecessary 
Referral to Method Equivalency Petitions; and an Explanation 
regarding the Decision to Not Revise the Regulation to Include the 
Updated ASTM Standards and References to Methods 1010A and 1020B as 
Proposed
VIII. Availability of Final Update IIIB and Status of Final Update 
IV to SW-846
IX. Addition of Method 25A to Sec. Sec.  264.1034(c)(1)(ii) and (iv) 
and 265.1034(c)(1)(ii) and (iv)
X. 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. Status of the RCRA Waste Sampling Draft Technical Guidance
XII. State Authorization Procedures
    A. Applicability of Federal Rules in Authorized States
    B. Authorization of States for Today's Rule
    C. Abbreviated Authorization Procedures
XIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

II. Summary of Today's Rule

    On October 30, 2002 (67 FR 66251-66301), the Environmental 
Protection Agency (EPA) proposed to amend the testing and monitoring 
requirements under the hazardous and nonhazardous solid waste 
regulations, and a testing requirement under the Clean Air Act (CAA) in 
the National Emission Standards for Hazardous Air Pollutants (NESHAP) 
for hazardous waste combustors. EPA is finalizing those regulatory 
revisions at this time. Some of the public comments are summarized and 
addressed in the sections to follow, and a background document 
containing our responses to all public comments can be found in the 
docket to this rule, RCRA-2002-0025. After consideration of all 
comments and for the reasons summarized in today's rule, we are 
finalizing the following actions:
    1. Reforming 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 method-defined parameter). This will allow more flexibility 
in RCRA-related sampling and analysis by removing unnecessary required 
uses of SW-846.
    2. Withdrawing the cyanide and sulfide reactivity guidance from 
sections 7.3.3 and 7.3.4 of SW-846 Chapter Seven and withdrawing 
required uses of reactive cyanide and sulfide methods and threshold 
levels from conditional delistings.
    3. Amending the regulations for the ignitability and corrosivity 
hazardous waste characteristics. As part of this, we are clarifying in 
Sec.  261.22(a)(2) that SW-846 Method 1110A, ``Corrosivity Toward 
Steel,'' is the ``standardized'' (as described in Sec.  261.22(a)(2)) 
SW-846 method that is required to be used to determine the 
characteristic of corrosivity for steel. We are also removing the 
unnecessary reference to equivalency petitions in the ignitability 
characteristic at Sec.  261.21(a)(1). However, regarding the methods 
required for the determination of flash point under the characteristic 
of ignitability, the Agency decided not to replace the standard test 
methods ASTM D 3278-78 and D 93-79 with the latest versions of those 
methods.
    4. Incorporating by reference Update IIIB to SW-846, which includes 
the revised Chapter Seven, and eleven revised methods, including method 
revisions to remove a requirement to use the SW-846 Chapter Nine, 
``Sampling Plan.''
    5. Adding 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. Removing 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.
    7. Removing from the regulations unnecessary references to SW-846, 
which do not affect the intent of the RCRA regulation.
    This rule does not add any additional requirements to the 
regulations. Instead, this rule removes the requirement to use SW-846, 
and it clarifies what the Agency believes should be considered during 
the selection of other appropriate methods. Our purpose for the 
regulatory revisions 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, where you find that a specific SW-846 
method yields data that is suitably effective for demonstrating 
compliance in the particular matrix being analyzed, you can still use 
the SW-846 methods.

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

    Typically, the hazardous and nonhazardous solid waste RCRA 
regulations for testing and monitoring activities 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 
of the RCRA regulations leave the how (i.e., which test method to use) 
up to the regulated community. Some RCRA regulations, however, specify 
the use of methods from the EPA publication

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``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
also known as ``SW-846.''
    Initially, EPA issued SW-846 in 1980 soon after the first RCRA 
regulations were published. At that time, we intended that SW-846 serve 
two roles. First, the Agency 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 required in order to comply with the RCRA regulations. Since that 
time, EPA 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, and EPA also decided that some of the SW-846 requirements were 
not necessary.
    The regulatory requirement to use SW-846 in general (e.g., as in 
the delisting regulations at Sec.  260.22 prior to this final rule) did 
not identify specific SW-846 methods. Rather, this requirement 
typically included the regulation of many different analytes which 
could be determined by many different methods. Almost every update to 
SW-846 includes at least one method that may be applicable to one or 
more of these general analytical requirements. Therefore, whenever SW-
846 was updated to revise or add methods, EPA had to incorporate by 
reference all of the new and revised methods into the RCRA regulations 
as part of a rulemaking. EPA issued the updates as a proposed rule, 
requested public comment, and then promulgated the update in a final 
rule. This lengthy process delayed the timely use of the new analytical 
technologies.
    On October 30, 2002 (67 FR 66251-66301), EPA proposed to remove 
from the regulations a requirement to use a method found in SW-846, 
except when that method is the only one capable of measuring the 
particular property. At that time, we described our reasons for wanting 
to remove this requirement from the regulations, including the Agency's 
desire to fully implement a performance-based measurement system (PBMS) 
in the RCRA program. Specifically, we noted that such a change would: 
(1) Allow the regulated community more flexibility in method use during 
RCRA-required testing; (2) stimulate the development and timely use of 
innovative and more cost-effective monitoring technologies and 
approaches in the RCRA program; (3) allow more efficient and timely 
releases of SW-846 methods by decoupling most of the methods from 
required uses in the RCRA regulations; and (4) make the RCRA program 
more effective by focusing on measurement objectives rather than on 
measurement technologies. As noted, the Agency proposed 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, or MDP). For 
example, to determine whether the levels of hazardous constituents in a 
particular waste stream are equal to or greater than the toxicity 
characteristic (TC) levels specified in Sec.  261.24, waste generators 
must test their waste using SW-846 Method 1311, the ``Toxicity 
Characteristic Leaching Procedure,'' or ``TCLP.'' If levels in the 
waste are greater than or equal to the TC levels, the waste is a 
hazardous waste and is subject to the RCRA hazardous waste regulations. 
This is the only reliable method for determining whether TC levels are 
met. Thus, testing of any material to determine whether it meets the 
Toxicity Characteristic levels must be done using the TCLP. EPA 
describes the measurement obtained from the TCLP, as well as from 
certain other methods, as a required ``method-defined parameter.''
    We requested public comment on the proposed revisions to the RCRA 
regulations, although not to the method-defined parameters, and 
received comments on the proposed action from over 20 different 
commenters, which included representatives of Federal Government 
agencies, State Government agencies, industry, waste generation and 
management entities, and analytical laboratories. The majority (86%) of 
the commenters generally supported, with comment, the MIR action and 
EPA's efforts to allow more flexibility in method selection when 
conducting RCRA-related sampling and analysis. Regarding the positive 
comments, one commenter, a state agency representative, applauded EPA 
for recognizing that regulating does not have to be prescriptive. 
Another commenter, a representative of analytical laboratories, 
believed that the additional flexibility will result in data quality 
improvements. Two representatives of waste generation or management 
entities concurred with EPA that the majority of the MIR revisions 
should make it easier and more cost effective to comply with RCRA-
related regulations.
    For the most part, the negative public comments may have reflected 
a misunderstanding of certain important aspects and premises of the 
MIR, which we are clarifying in our responses to those comments. With 
respect to other negative comments, the Agency expects that the 
discussion below will further clarify the purposes and premises of the 
MIR, and will clarify options for dealing with the inherent flexibility 
of this approach. Also, the Agency will continue to provide training on 
the concepts of this rule to further clarify its intent and support its 
implementation. You will find a background document containing our 
complete responses to all relevant public comments in the docket to 
this rule, docket number RCRA-2002-0025, at the location listed above 
under ADDRESSES. Some of the public comments are also addressed within 
this preamble to the final rule.
    Based on our review of the public comments regarding the October 
30, 2002 proposed rule, we are proceeding with publication of this 
final rule, which finalizes the proposed revisions to the RCRA 
regulations. That is, this rule removes unnecessary required uses of 
SW-846 in general and it removes any unnecessary required uses of 
specific SW-846 methods. Other reliable methods can now be used by the 
regulated public for compliance with the affected regulations. This 
action also encourages the timely use of new and innovative methods 
outside of SW-846 in that, for most sampling and analysis scenarios, it 
will not be necessary to submit an equivalency petition when using a 
non-SW-846 method. However, some regulations will still require use of 
a specific SW-846 method when that method is for determination of a 
RCRA-required method-defined parameter (MDP); in those cases, a 
regulated entity has to submit an equivalency petition and receive 
approval of that petition from the Agency before an alternative method 
can be used.
    This final rule will allow the Agency to make final updates to SW-
846 available in a more timely manner. For example, soon after 
publication of this document, we will announce the availability of 
Final Update IV (see section VIII of this document). The methods of 
Final Update IV did not have to go through the rulemaking process 
because, with publication of this final rule, SW-846 is no longer 
required in general by any existing RCRA regulation and none of the new 
or revised methods in Update IV are specifically required by any RCRA 
regulation for the analysis of method-defined parameters (MDPs). 
However, we did solicit and consider public comments on the methods 
through Federal Register notices, see 63 FR 25430-25438, May 8, 1998 
(Draft

[[Page 34541]]

Update IVA), and 65 FR 70678-70681, November 27, 2000 (Draft Update 
IVB).

A. Public Comments Regarding How To Determine if a Method Is 
Appropriate

    In section III.A of the preamble to the October 30, 2002 proposed 
rule, we discussed our proposed revisions to remove the requirement to 
use SW-846 methods by adding regulatory language allowing the use of 
appropriate methods such as those found in SW-846 or other reliable 
sources. In the preamble of the proposed rule, we provided guidance on 
how to determine if a method is appropriate for its analytical purpose. 
Specifically, we mentioned that 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 also proposed to retain mention of the SW-846 
methods in the regulations as guidance and as examples of methods that 
could be appropriate.
    In the proposed rule preamble, we gave two primary considerations 
in selecting an appropriate method, which together serve as our general 
definition of an appropriate method. As done in the preamble to the 
proposed rule, the text to follow explains each of these concepts and 
identifies other guidance that may be helpful to the regulated 
community.
    1. Appropriate methods are reliable and accepted as such in the 
scientific community.
    2. Appropriate methods generate effective data.
    Regarding the first consideration, we noted that methods which are 
reliable and accepted in the scientific community might include those 
published by the Agency or other government entities using techniques 
that have documented reliability. SW-846 methods, for example, 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 other 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. For 
instance, to qualify for recognition as having developed a voluntary 
consensus standard (e.g., analytical method) under the National 
Technology Transfer & Advancement Act of 1995 (NTTAA), an organization 
must produce standards by consensus, observe the principles of openness 
and balance of interests, and provide due process, including an appeals 
process.
    Regarding the second consideration in the identification of 
appropriate methods--generation of effective data--we described in the 
preamble to the proposed rule examples of tools that might be used in 
this determination. This consideration is project-specific and 
therefore the tools and criteria will be different for each analytical 
effort. As stated in the proposed rule preamble, effective data are 
data of sufficiently known and appropriate quality to be used in making 
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 
quality objectives for the project as established through a systematic 
planning process). Effective data meet the quality objectives set by 
the project planners for the specific project. The quality objectives 
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), Sampling and 
Analysis Plan (SAP), or other appropriate systematic planning document. 
Sampling and analysis documentation should be sufficient to confirm 
that the data are effective and that the selected method is 
appropriate.
    Quality objectives 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 quality objective 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 quality objective may be specified in a regulation, a permit, 
a corrective action agreement, or other regulatory or enforcement 
document. Sometimes you must consider a quality objective regulatory 
specification when selecting an appropriate method. For example, the 
RCRA comparable fuels' provisions include quality objectives in lieu of 
naming the use of specific methods (see 63 FR 33781, June 19, 1998). 
You can find guidance on the development of formal data quality 
objectives (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 may also use other scientifically valid 
systematic planning processes for developing quality objectives based 
on specific project needs.
    In the project planning document, 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 just focus 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. In 
addition, guidance on determining and demonstrating the appropriateness 
of a selected measurement method for a particular application may be 
found in ASTM D 6956-03, ``Standard Guide for Demonstrating and 
Assessing Whether a Chemical Analytical Measurement

[[Page 34542]]

System Provides Analytical Results Consistent with Their Intended 
Use.''
    Finally, EPA noted in the proposed rule preamble that 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.
    We requested and received public comment on the above 
considerations and on the proposal to allow the use of appropriate 
methods such as those found in SW-846 or other reliable sources. One 
supportive commenter believed the Agency had provided sufficient 
guidance in the preamble to the proposed rule on how to identify 
appropriate methods. As discussed below, a few commenters requested 
additional guidance regarding the selection of appropriate methods or 
had questions regarding the approach.
    One commenter requested that an appropriate method definition be 
codified in the regulations. The Agency believes that codification of 
an appropriate method definition would be both very difficult and 
contrary to the intent and purpose of this rule, given the project-
specific nature of ``appropriate method selection'' and the wide 
variety of data collection objectives that may be encountered. In the 
paragraphs above, the Agency has provided the key generic 
considerations for appropriate method selection, which together serve 
as our general definition for an appropriate method, and identified 
guidance sources, in the hope that this information will assist readers 
of this rule during the selection of appropriate methods, regardless of 
whether the methods are from SW-846 or other sources. In addition, 
since publication of the proposed rule, ASTM International published D 
6956-03, ``Standard Guide for Demonstrating and Assessing Whether a 
Chemical Analytical Measurement System Provides Analytical Results 
Consistent with Their Intended Use.'' This guidance document is not 
required by any EPA program, but may be useful to the regulated 
community during the selection of appropriate methods and during the 
evaluation of analytical results. The document can be obtained from 
ASTM by visiting its Web site at http://www.ASTM.org or by writing to: 
ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West 
Conshohocken, PA 19418-2959. EPA also plans to continue to provide 
training to affected entities on the concepts of this rule and to 
support its implementation. When using any appropriate method, you 
should be able to determine the analyte of concern (e.g., the regulated 
constituent to be measured), in the matrix of concern (e.g., the 
physical substance which might contain the regulated constituent), at 
the level of concern (e.g., the regulated level of or the action level 
for the analyte).
    One commenter was concerned that the regulated public might use 
other methods that do not meet the QC criteria in the SW-846 methods. 
The Agency does not believe that this should be a concern. The 
performance data and QC criteria given in the SW-846 methods are only 
examples, and are not requirements for analysis. The SW-846 example 
criteria may not be appropriate for every analytical purpose. 
Establishing QC criteria is a project planning issue and not a method 
issue. Methods should be adapted into standard operating procedures 
(SOPs) to meet QC criteria from systematic planning documents, not the 
other way around. Some analytical applications may require more or less 
stringent QC criteria than that given as examples in the SW-846 
methods, and it would be contrary to promoting a PBMS approach if all 
analyses using any methods are expected to conform to the example 
criteria published in SW-846 methods. Sometimes, even when using an SW-
846 method, it may not be necessary to fully meet its example 
performance criteria because project-specific quality objectives may 
not require evaluation of the same performance indicators or the 
criteria may not be appropriate to the specific application. In keeping 
with a PBMS approach and the goals of this rule, performance criteria 
should be determined on a project-specific basis during the planning 
stage.
    Another commenter was concerned that some regulated entities might 
use methods that were not originally developed for environmental 
purposes, and thus data validity may be suspect. Provided that the 
method is appropriate based on the factors discussed above and in the 
proposed rule preamble, we do not believe that this should be a 
concern. If the data are suspect or otherwise not of sufficient quality 
for their intended use, then the method is not appropriate, regardless 
of its source, and thus the data are not acceptable for demonstrating 
compliance. Regardless of the original purpose or source of a method, 
it can be an appropriate method if it generates effective data, e.g., 
the data quality objectives and performance criteria are met. Even an 
SW-846 method may not be appropriate for a particular application if it 
does not generate effective data. In addition, the application of 
method technologies from other disciplines promotes the use of 
innovative approaches and technologies, which may benefit RCRA-related 
analyses. Finally, many of the analytical techniques used today in 
environmental analyses were initially developed for other purposes.
    One commenter agreed with EPA's approach to appropriate method 
selection, but had comments regarding the data quality objectives 
approach. The commenter believed that the DQO approach can be expensive 
and is not usually used during small analytical projects. In response, 
the Agency notes that, when data are being used in decision making 
involving two clearly alternative conditions (e.g., compliance vs. 
noncompliance with a regulatory standard), the Agency's recommended 
systematic planning tool is the DQO process. While there is no 
regulatory obligation to use the DQO process, it is the recommended 
planning approach for many EPA data collection activities. However, the 
DQO process may be too complicated for some projects and is not the 
only way to generate quality data through systematic planning. It is 
presented here in the MIR only as an example of an approach involving 
systematic planning. However, at a minimum, the Agency recommends that 
some form of systematic planning be implemented for every data 
collection effort in order to generate effective data, and notes that 
such systematic planning should also involve consideration of cost. 
Systematic planning is a common sense approach, designed to ensure that 
the level of detail in planning is commensurate with the importance and 
intended use of the work and the available resources.
    One commenter supported EPA's proposed flexibility, but thought 
that EPA should continue to use SW-846 as the primary vehicle for 
making recommendations regarding procedures that will meet minimum 
quality objectives for RCRA analyses. Thus, one would not be required 
to use SW-846 methods, but could choose to use them and be confident 
that they are appropriate sampling and analysis procedures, provided 
that they can be demonstrated to meet project quality objectives. 
Another commenter believed that it would be unrealistic for a regulated 
entity to agree to the use of other methods if EPA has not approved 
them. The commenter believed that such approval would guarantee

[[Page 34543]]

acceptance of the data, provided that the method was properly followed.
    First, it should be noted that there are no ``PBMS methods.'' PBMS 
is a regulatory approach where what has to be accomplished is 
specified, rather than how the monitoring is to be conducted. Under 
such a system, regulated entities are permitted to employ any method 
that is technically adequate to accomplish the compliance 
demonstration. Regarding EPA's approval of PBMS, EPA has already stated 
its objective to employ the performance approach in its regulatory and 
other monitoring programs to the extent feasible. On October 6, 1997 
(62 FR 52098-52100), EPA published in the Federal Register its intent 
to adopt PBMS agency-wide. Subsequently, on May 8, 1998 (63 FR 25430-
25438), EPA published in the Federal Register a notice of intent and 
request for comment regarding its plans to reform implementation of 
RCRA-related monitoring by formally adopting PBMS and by removing 
unnecessary required uses of methods from the RCRA regulations (part of 
PBMS).
    EPA also believes that method selection should be a project-
specific decision and therefore cannot recommend or approve any 
methods--even SW-846 methods--as always being appropriate for any given 
application. For that very reason, with this rule, EPA removed the 
requirement to use SW-846 methods, except when the methods are the only 
ones capable of measuring a particular property. Relying on the fact 
that a method is contained in SW-846 does not guarantee that the method 
will always generate effective data under any situation. If the SW-846 
method is not an appropriate method for its intended application, 
following it exactly could generate erroneous data and could fail to 
demonstrate compliance with the RCRA requirements.
    Second, EPA does not agree with the recommendation that it 
categorically state that any method is always an effective means of 
demonstrating compliance (with the exception of methods for the 
analysis of method-defined parameters) since the Agency has no way of 
knowing that a particular method is going to yield valid data in all 
potential situations and it goes counter to the performance approach 
which requires that regulated entities demonstrate compliance using 
data of known and documented quality. The Agency believes that it is up 
to the individual regulated entity to decide which methods are 
appropriate to use for any given compliance demonstration and that this 
determination should be initiated during the project planning stage. 
When considering method selection, the analytical performance 
indicators are key to the specific project goals that should be 
considered. Examples of analytical performance indicators that might be 
addressed include method sensitivity and selectivity, precision, bias, 
and reproducibility. The data user may even choose to revise method 
selection if additional information gathered during the project 
indicate that the initial selection was not appropriate. Therefore, 
method selection is a project-specific activity implemented by the 
regulated entity, and EPA's only concern is that the generated data be 
effective for its purpose, regardless of the method selection. The 
Agency does recommend that a regulated entity seek assistance from its 
regulating authority should the regulated entity have concerns 
regarding the use of any particular method. EPA also notes that 
guidance regarding demonstrating the performance of a given analytical 
method can be found in EPA-published guidance documents (some of which 
are listed above) and documents published by other Agencies (e.g., 
ASTM).
    One commenter was concerned regarding how method performance would 
be demonstrated under PBMS. The commenter claimed that implementation 
of a PBMS approach is very difficult and that, for it to work, there 
must be a ``reference method'' to be used as a benchmark against which 
to measure other methods.
    EPA notes that the RCRA program does not use reference methods. 
Many different methods produce effective data for a particular project, 
which are not necessarily ``equivalent,'' but all could be 
``applicable.'' For example, there are many analytical methodologies 
that can be used in analyzing a particular metal species (e.g., ICAP, 
AA). In selecting a particular method for metal analysis, the analyst 
will consider analytical costs, accuracy and sensitivity needed, 
freedom from potential interferences, amount of sample required for an 
analysis, reagents to be used, and other factors in the overall process 
to select a method that will yield effective data at the lowest cost to 
the user. These factors should be considered when evaluating any 
method, including those published in SW-846, and the user needs to 
conduct the appropriate verifications to demonstrate the 
appropriateness of any method that is selected against its intended 
application. There are a number of approaches that can be used to 
demonstrate that a method is valid for a particular use. These include: 
use of appropriate reference standards, analysis of spiked samples, 
comparison of results to results generated using a method that employs 
a fundamentally different measurement process and would not be subject 
to the same potential interferences, etc. For further guidance in 
demonstrating method validity, see the previously cited ASTM document D 
6956-03, ``Standard Guide for Demonstrating and Assessing Whether a 
Chemical Analytical Measurement System Provides Analytical Results 
Consistent with their Intended Use.''

B. Public Comments Regarding Other Approaches

    As explained in section III.B of the proposed rule preamble, EPA 
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 determining whether a waste is hazardous for the 
toxicity characteristic (the TC). It generates an extract (the 
leachate) which is subject to a determinative analysis for comparison 
with the TC regulatory limits. However, the TCLP procedure does not 
require specific analytical methods for the leachate determinative 
analysis, nor does it specify the use of even SW-846 methods in general 
for such analysis of the leachate. It allows method flexibility similar 
to that proposed by this rule by stating in section 7.2.14: ``The TCLP 
extract shall be prepared and analyzed according to appropriate 
analytical methods.''
    Nevertheless, in the proposed rule preamble, the Agency requested 
the public's opinion on two alternative approaches that we considered 
during development of this rulemaking.
    1. As a variation to the ``appropriate method'' approach described 
above, should we remove mention of SW-846 methods as examples of 
potentially appropriate methods from the subject regulations?
    2. In lieu of the ``appropriate method'' approach, should we 
instead add specific measures of required measurement system 
performance or data quality objectives to each regulation, such as done 
in the comparable fuel rulemaking, and not mention or require the use 
of an appropriate method (including any SW-846 methods)? In the 
proposed MIR, we did not select this approach because it

[[Page 34544]]

might require significant regulatory changes with difficult to quantify 
impacts.
    Most of the commenters preferred that EPA retain mention of SW-846 
in the regulations as examples of potentially appropriate methods. 
However, some of these commenters appeared to believe that, by 
mentioning SW-846 methods as examples, it meant that such methods will 
always be appropriate for every data collection effort addressed by the 
regulation, and thus the performance of other candidate methods should 
be compared with the performance of the similar SW-846 method. One 
commenter wanted the Agency to legally recognize that the SW-846 
methods are appropriate methods under the RCRA regulations.
    The Agency strongly disagrees with commenters that SW-846 methods 
should be identified as always appropriate. As explained in section 
III.A of this rule, the determination of an appropriate method should 
be made on a project-specific basis and involves consideration of 
various project-specific objectives and criteria. As noted, an 
appropriate method might be one published by EPA in a different manual 
from SW-846 or might be a method published by a different government 
agency, a voluntary standards setting organization, or other well-known 
scientific sources. Whether a method is contained in SW-846 is not a 
primary criterion for determining if a method is appropriate. For 
example, there is a common misconception that the different SW-846 
methods for sample extraction all have the same extraction efficiency, 
which is not the case at all, since the methods were intended to be 
appropriate for different applications. Methods found in other 
publications may be more appropriate based on the project-specific 
considerations.
    Regarding the addition of performance criteria to the regulations, 
a few commenters did prefer that such criteria be added to the 
regulations. However, these commenters did not provide suggestions 
regarding how to best resolve those instances when such an approach 
might result in requiring use of methods which are more accurate or 
sensitive than necessary (with the result that monitoring costs may 
increase unnecessarily) or in other cases would not yield data of a 
sufficient quality to definitively determine if a facility is in 
compliance with a regulatory or permit level. Given these impact issues 
and the project-specific nature of what determines an appropriate 
method, it would be contrary to the purpose of this rulemaking and very 
difficult to develop and implement performance criteria and definitions 
that would be universally applicable. EPA therefore decided against 
adding criteria at this time to all of the regulations. We strongly 
believe that the appropriate method determination should be made on a 
project-specific basis by those familiar with the purpose of the 
analysis and should not be dictated by regulatory definition. EPA 
believes that generic performance criteria assigned by EPA would not 
assure consistent application of PBMS, but rather might discourage a 
PBMS application and flexibility in method selection and use. However, 
to further evaluate this issue, the Agency's Forum on Environmental 
Measurements (FEM) has formed an Action Team to address issues related 
to implementation of the performance approach. It is anticipated that 
the Action Team will address issues related to data quality and data 
quality documentation for use by all Agency programs.
    In conclusion, as a result of consideration of all comments, we 
decided to not add performance criteria to the regulations. In 
addition, unlike the proposal, we decided to not include any references 
to SW-846 or ``using appropriate methods such as those found in * * * 
SW-846'' in the regulatory provisions because those references to SW-
846 were unnecessary and, based on public comment, the regulated 
community may continue to believe that SW-846 methods will always be 
most appropriate.

C. Public Comments Regarding Impacts From Removal of Required Uses of 
SW-846 Methods

    In the preamble to the proposed rule, we summarized the expected 
impacts on the regulated entities and the states, and requested public 
comment on the assumptions made in the analysis. We also requested 
public comment on the impact of this rule and how we might promote its 
successful implementation. The paragraphs to follow summarize our 
impact assumptions and provide our responses to some of the public 
comments regarding these topics.
    As a result of this final rule, you can use any appropriate 
analytical test method in demonstrating compliance with the RCRA 
regulations, except for those regulatory provisions involving method-
defined parameters. We believe that this action will not significantly 
or adversely impact the regulated community or other potentially 
affected parties because the Agency is not adding any additional 
regulatory requirements to the RCRA regulations, but rather is 
clarifying and expanding the flexibility that regulated entities have 
had in selecting appropriate methods to employ to demonstrate 
compliance whether or not such methods were described in SW-846. By 
making it clear that one may use any appropriate method, regulated 
entities may be able to cut the cost of compliance monitoring by using 
less expensive methods. Regulated entities may continue to use SW-846 
methods to demonstrate compliance when it is appropriate to do so, and 
thus 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.
    Thus, as we noted in section III.C of the proposed rule preamble, 
the primary impact of this rule will be better analytical results 
(e.g., due to paying better attention to method performance). The 
Agency also anticipates a tendency toward lower costs during compliance 
with the affected RCRA regulations because project planners may 
identify methods that are potentially less costly to use. Meanwhile, 
EPA also will continue to provide training and utilize our pool of 
Agency technical experts to serve the public by answering questions 
regarding the use of test methods during RCRA-related compliance 
activities.
    Also, a demonstration that another method is appropriate is already 
allowed within RCRA-related sampling and analysis and will not involve 
much more than what regulated entities already should be doing. For 
example, as the regulated entity, you should already be setting method 
performance goals in your Quality Assurance Project Plan (QAPP), 
Sampling and Analysis Plan (SAP), or other systematic planning document 
and then evaluating compliance with those goals based on data quality 
indicators, including when using SW-846 methods.
    Regarding public concerns about the comparability of data generated 
by different methods for the same purpose, we noted in the proposed 
rule preamble that this practice is not new because some regulations 
already allow the use of more than one method. We also do not believe 
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 data quality objectives of 
the project, then results from both methods will be acceptable for 
demonstrating compliance. In addition, for situations where trends or 
comparability are to be

[[Page 34545]]

determined, measurement quality objectives should be selected for use 
in selecting methods to be used that will ensure that, for whatever 
desired level of difference one desires to determine, the data will be 
suitable for the purpose. This has always been EPA's approach in 
comparing data by different methods, and it is not affected or changed 
by this rule.
    Some commenters preferred a more prescriptive approach in the 
regulations because method-specific requirements remove the burden of 
method-selection as it is believed that this translates into lower 
costs and greater agreement between permit writers and other project 
participants who may not have method-selection expertise. Because of 
consequences of this approach, the Agency believes it is undesirable. A 
major problem with the prescriptive-or mandated-methods approach is 
that it can lead to data of poor quality which can result in an 
incorrect assessment of compliance. Another problem is that the 
regulated community may not systematically plan their data collection 
efforts and thus not fully understand their project-specific goals. 
Method-selection decisions should be project specific and thus, 
specific methods should not be required in the regulations.
    Some commenters also expressed concern regarding the impact of this 
rule on existing RCRA permits. RCRA permits are typically effective up 
to ten years. This rule will only effect new or reissued permits, and 
only to allow more flexibility in method selection. Therefore, RCRA 
permits will not be adversely impacted by this action.
    Finally, this rule does not add new information collection or 
reporting requirements for regulated entities. Section 260.22(i) 
(reporting requirements for petitions to exclude wastes) and Sec. Sec.  
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.
    One commenter agreed, regarding impact of the rule, that the MIR 
will greatly benefit those situations where repeated analyses are 
needed, such as for a RCRA corrective action or for a WAP for a 
hazardous waste treatment, storage, or disposal facility (TSDF). 
However, the commenter also believed that smaller entities involved in 
waste analyses, such as small quantity generators (SQGs) will probably 
not benefit from the MIR. For the reasons given above, EPA believes 
that the impact of this rule will not be significant for any generator, 
including small quantity generators (SQGs), largely because the 
flexibility of method selection will provide better analytical results 
at a lower cost. Project planners and laboratories used by SQGs will 
identify methods that are potentially less costly and yet provide 
effective data. EPA believes that the regulated community will choose 
appropriate methods based on cost and data quality advantages, and 
therefore all regulated entities, including SQGs, could benefit from 
this rule.
    One other commenter believed that if PBMS is adopted, prior 
approval by the State or other regulator of the method should be 
mandatory. The commenter argued that State reviewers are more familiar 
with SW-846 methods and data indicators and that a state's 
unfamiliarity with other methods might mean the State may not perform a 
timely review of the data.
    As explained in the previous section, EPA believes that method 
approval prior to use would be contrary to the intent and philosophy of 
the performance concept and would negate the positive impacts of this 
rule. However, as also noted, the regulated community can consult with 
their regulating authority during the identification of performance 
goals and the selection of appropriate methods. EPA appreciates the 
commenter's concern regarding potentially negative impacts on the 
timely review of data. It is true some delay in data review may occur 
if the reviewer is not familiar with the procedure. Nevertheless, 
review of data should not be a new step in the process since effected 
entities should already be reviewing data indicators from the SW-846 
methods during RCRA-related sampling and analysis. Once the reviewer 
and user become more familiar with a new method, less time will be 
needed to perform an equally thorough review. In the end, we believe 
the benefits of modifying the rules will far outweigh these potential 
impacts on data review time through the improvement of data 
effectiveness and a decrease in other costs. To help mitigate any 
potential negative impacts, we will continue to provide training and 
our staff are available to assist you during all stages of the process.
    Some commenters expressed a concern that this action will impose an 
additional resource 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 within their programs. If a State believes that 
adoption may be too burdensome on their resources, then they need not 
adopt the revised regulations. Nevertheless, we encourage the adoption 
of these or similar revisions by authorized States in order to promote 
the national adoption of the performance approach in environmental 
regulations, permits, and monitoring. In addition, if States choose to 
adopt these revisions, the impact should not be significant since they 
already conduct method selection and data quality reviews to determine 
compliance with their testing and monitoring regulations.
    Some commenters expressed a need for communication and training to 
assist in implementation of the MIR. We agree and the Agency plans to 
continue to provide education and training to States, EPA Regions, and 
the regulated community regarding the implementation of this rule, 
through such mechanisms as workshops, fact sheets, and Internet 
training modules. Over the past seven years, OSW has 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. The Agency plans to expand its performance approach training 
program and offer other courses on the evaluation of data and permit 
writing from a PBMS and effective data standpoint. These communication 
and training efforts will help ensure consistency in implementation of 
this and other Agency performance-based rules by the States, Regions, 
and regulated community and help limit any associated costs.

IV. Regulatory Revisions Involving Removal of SW-846 Requirements

    In section IV of the proposed rule preamble, EPA listed and 
discussed each of the proposed regulatory revisions which removed the 
requirement to use SW-846 methods and stated that appropriate methods 
may be used. We requested public comment on these individual regulatory 
section revisions (e.g., comments regarding any impacts on 
implementation of each affected regulation that we may have overlooked) 
and in general did not receive any significant negative comments 
regarding the removal of the SW-846 requirements from any of the 
regulations. We are therefore finalizing the removal of the requirement 
to use SW-846 in those regulatory sections.

[[Page 34546]]

    In addition, we are finalizing revisions to three conditional 
delistings in part 261, appendix IX, which were not included in the 
proposed rule, but which, like those delistings that were included in 
the proposal, unnecessarily require the use of SW-846 methods. We 
announced our intent to revise these delistings in a memorandum to the 
facilities and to the relevant EPA Regional offices. We gave the 
entities three weeks to comment on the revisions. One of the affected 
companies did not respond to the memorandum, while the other two 
companies responded, but did not have comments regarding the revisions.
    Therefore, we decided to proceed with finalizing the revisions to 
these three delistings. The revisions to the conditional delistings are 
very similar to the other conditional delistings. We did not receive 
negative comments regarding the general removal of required uses of SW-
846 in any of the conditional delistings listed in the proposed rule. 
We believe that these revisions are fully consistent with EPA's 
original intent to make such changes to any conditional delisting, or 
other regulations, which unnecessarily required the use of SW-846 
methods for analyses other than for required MDPs.
    The additional conditional delistings revised by this final rule 
are found in Table 1 of appendix IX of part 261 and address delisted 
wastes at the following facilities:

--Bekaert Corp., Dyersburg, TN
--OxyVinyls, L.P., Deer Park, TX
--Tokusen USA, Inc., Conway, AR

    In addition, since publication of the proposed MIR, the Office of 
Federal Register (OFR) revised its format for incorporation by 
reference. Specifically, the OFR requires that the MDP methods 
incorporated by reference at Sec.  260.11 be specifically mentioned in 
the relevant sections of the regulations, and not just include 
referrals to Sec.  260.11. Therefore, in the conditional exclusion 
listings of part 261, appendix IX, we included a listing of the method-
defined parameter methods to replace our proposed language stating that 
the methods listed in Sec.  260.11 must be used without substitution 
when required. Those methods must be used as applicable to the 
particular delisting.
    Finally regarding the conditional delistings, we are taking this 
opportunity to make several editorial corrections to Tables 1, 2 and 3 
of appendix IX of part 261, which in no way substantially change or 
remove any requirements. We are removing repeats of the Bekaert Corp., 
Dyersburg, TN, conditional delisting from Tables 2 and 3 of appendix IX 
of part 261 because those entries were added to the tables in error. 
The Bekaert Corp. conditional delisting is for an F006 waste, which is 
from a non-specific source, and therefore the delisting only belongs in 
Table 1, which lists wastes excluded from non-specific sources (i.e., 
``F'' coded listed wastes). Tables 2 and 3 of appendix IX of part 261 
are meant to only list the conditional delistings of wastes excluded 
from specific sources (Table 2, i.e., ``K'' coded listed wastes) or 
from commercial chemical products, off-specification species, container 
residues, and soil residues thereof (Table 3, i.e., ``P'' and ``U'' 
coded listed wastes). Similarly, we are removing the OxyVinyls, Dear 
Park, TX, delisting from Table 1 and adding it to Table 2 of appendix 
IX. This is necessary because the OxyVinyls' delisting addresses K017, 
K019, and K020 wastes and was incorrectly placed in Table 1. Since 
these are changes that do not affect the implementation of the 
regulations, or add new or remove existing regulatory requirements, the 
Agency is providing notice of the changes without opportunity for 
comment.
    Table 2 lists the regulatory revisions finalized by this rule to 
remove the requirement to use SW-846 methods and allow the flexibility 
to use other appropriate methods. As noted in the previous section of 
this preamble, the proposed references to ``using appropriate methods 
such as those found in * * * SW-846'' is not being included in the 
final regulation because the Agency decided that those references to 
SW-846 were unnecessary and because the regulated community may 
continue to believe that SW-846 methods will always be most 
appropriate. Finally, we corrected our proposed revision to Sec.  
261.35(b)(2)(iii)(B) by adding the relevant data from Table 1 of Method 
8290 to the regulatory text so that Method 8290 (which contained the 
table but is not an MDP method) no longer has to be incorporated by 
reference. In the proposed rule, Sec.  261.35(b)(2)(iii)(B) read as 
follows: ``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.'' In the final rule, we copied the relevant data from Table 1 
directly into Sec.  261.35(b)(2)(iii)(B) and so it is no longer 
necessary to mention Method 8290.

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

    This rule also revises the incorporation by reference of SW-846 in 
Sec.  260.11 so that the paragraph only includes SW-846 methods that 
are required for method-defined parameters. Therefore, for each section 
where we removed the requirement to use only SW-846 methods, we also 
removed the SW-846 incorporation by reference.

[[Page 34547]]

Prior to this rule, all methods of SW-846 were incorporated by 
reference at Sec.  260.11 ``when used'' within the RCRA regulations. 
All of SW-846 had to be incorporated by reference because some RCRA 
regulations required in general the SW-846 methods, e.g., the delisting 
regulations at Sec.  260.22(d)(1)(i). The required methods had to be 
incorporated by reference because their full text is too lengthy for 
publishing directly in the regulations and the methods are readily 
available to the public in the SW-846 manual. As a result of this rule, 
we are limiting the requirement to use SW-846 methods to when the 
methods analyze required method-defined parameters. Therefore, we 
revised Sec.  260.11 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.
    It is important to note that, while a method is listed in Sec.  
260.11 because it is used for analysis of a method-defined parameter, 
it also may be used for non-mandatory purposes. In those cases where 
the method is required by a specific regulation and is listed in 
260.11, it is a method-defined parameter. For example, Method 9010C, 
``Total and Amenable Cyanide: Distillation,'' and Method 9012B, ``Total 
and Amenable Cyanide (Automated Colorimetric, with Off-line 
Distillation)'' are required under Sec.  268.44, the universal 
treatment standards of the land disposal restrictions regulations, and 
are listed in Sec.  260.11 as required by Sec.  268.44. In that case, 
the methods cannot be substituted. However, in other circumstances, 
these two methods may be used when they are not required by their 
regulations (e.g., during delistings) and in those cases they will only 
be considered appropriate methods and not MDPs. 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.
    The SW-846 methods that remain as incorporated by reference in 
Sec.  260.11 are listed in Table 3. The final list is different from 
that proposed in that Methods 3542 (``Extraction of Semivolatile 
Analytes Collected Using Method 0010 (Modified Method 5 Sampling 
Train)'') and 5041A (``Analysis for Desorption of Sorbent Cartridges 
from Volatile Organic Sampling Train (VOST)'') are no longer included. 
The methods were removed because they are currently not used as method-
defined parameters under the RCRA program.

           Table 3.--SW-846 Methods to Remain in Sec.   260.11
------------------------------------------------------------------------
                    Chapter
SW-846  method     location                   Method title
------------------------------------------------------------------------
0010..........  Ten...........  Modified Method 5 Sampling Train.
0011..........  Ten...........  Sampling for Selected Aldehyde and
                                 Ketone Emissions from Stationary
                                 Sources.
0020..........  Ten...........  Source Assessment Sampling System
                                 (SASS).
0023A.........  Ten...........  Sampling Method for Polychlorinated
                                 Dibenzo-p-Dioxins and Polychlorinated
                                 Dibenzofuran Emissions from Stationary
                                 Sources.
0030..........  Ten...........  Volatile Organic Sampling Train.
0031..........  Ten...........  Sampling Method for Volatile Organic
                                 Compounds (SMVOC).
0040..........  Ten...........  Sampling of Principal Organic Hazardous
                                 Constituents from Combustion Sources
                                 Using Tedlar[reg] Bags.
0050..........  Ten...........  Isokinetic HCl/Cl 2 Emission Sampling
                                 Train.
0051..........  Ten...........  Midget Impinger HCl/Cl2 Emission
                                 Sampling Train.
0060..........  Ten...........  Determination of Metals in Stack
                                 Emissions.
0061..........  Ten...........  Determination of Hexavalent Chromium
                                 Emissions from Stationary Sources.
1010A.........  Eight.........  Pensky-Martens Closed-Cup Method for
                                 Determining Ignitability.
1020B.........  Eight.........  Setaflash Closed-Cup Method for
                                 Determining Ignitability.
1110A.........  Eight.........  Corrosivity Toward Steel.
1310B.........  Eight.........  Extraction Procedure (EP) and Structural
                                 Integrity Test.
1311..........  Eight.........  Toxicity Characteristic Leaching
                                 Procedure.
1312..........  Six...........  Synthetic Precipitation Leaching
                                 Procedure.
1320..........  Six...........  Multiple Extraction Procedure.
1330A.........  Six...........  Extraction Procedure for Oily Wastes.
9010C.........  Five..........  Total and Amenable Cyanide:
                                 Distillation.
9012B.........  Five..........  Total and Amenable Cyanide (Automated
                                 Colorimetric, with Off-line
                                 Distillation).
9040C.........  Eight.........  pH Electrometric Measurement.
9045D.........  Six...........  Soil and Waste pH.
9060A.........  Five..........  Total Organic Carbon (TOC).
9070A.........  Five..........  n-Hexane Extractable Material (HEM) for
                                 Aqueous Samples.
9071B.........  Five..........  n-Hexane Extractable Material (HEM) for
                                 Sludge, Sediment, and Solid Samples.
9095B.........  Six...........  Paint Filter Liquids Test.
------------------------------------------------------------------------

    Please note that we are not adding any new methods to Sec.  
260.11--each method listed in Table 3 is already a part of SW-846 and 
was incorporated by reference during previous rulemakings. For each 
method retained as incorporated by reference, we are listing in Sec.  
260.11 the promulgated version of the method which was last 
incorporated by reference and thus which must be used during regulatory 
compliance.
    In addition, since proposal of this rule, the Office of Federal 
Register (OFR) has revised the format of incorporation by reference 
sections within the Federal regulations, for instance, to include 
information regarding those regulatory sections or parts that specify 
use of the methods. We revised Sec.  260.11(a) to reflect this new 
format.

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

    In section V of the preamble to the proposed rule, the Agency 
proposed to correct inaccurate references to SW-846 (some of which are 
logical outgrowths to the revision to Sec.  260.11), and to clarify 
method selection flexibility in the RCRA regulations. We did not 
receive any negative comments regarding that

[[Page 34548]]

section of the proposed rule and thus are finalizing the editorial 
corrections, as proposed.
    In addition, we are correcting certain regulations so that they 
include the appropriate suffix of the SW-846 MDP method required by 
them. As a result of these corrections, the method number in the 
regulation includes the suffix and matches the respective method number 
and suffix listed in Sec.  260.11.
    Table 4 lists and summarizes the editorial corrections to the RCRA 
regulations made by this final rule.

            Table 4.--Corrections, Clarifications or Removals
------------------------------------------------------------------------
                                   Text correction, clarification, or
          Regulation                             removal
------------------------------------------------------------------------
Sec.   258.28(c)(1)--Liquids    Correction to add ``incorporated by
 restrictions.                   reference in Sec.   260.11'' after
                                 ``Paint Filter Liquids Test,'' and
                                 addition of the suffix ``B'' to the
                                 method number ``9095.''
Appendix I to part 258--        Removal of footnote 1 to the table,
 Constituents for detection      which contains unnecessary references
 monitoring.                     to SW-846.
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.
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.   260.22(d)(1)(i)--        Removal of unnecessary reference to SW-
 Petitions to amend part 261     846.
 to exclude a waste produced
 at a particular facility.
Sec.  Sec.   261.3(a)(2)(v),    Removal of unnecessary references to SW-
 279.10(b)(1)(ii), 279.44(c),    846.
 279.53(c), and 279.63(c)--
 Rebuttable presumption for
 used oil.
Sec.   261.22(a)(1)--           Addition of the suffix ``C'' to method
 Characteristic of corrosivity.  number ``9040.''
Appendix I to part 261--        Removal of unnecessary references to SW-
 Representative sampling         846.
 methods.
Appendix II to part 261--       Removal of text in Appendix II to part
 Method 1311 Toxicity            261; appendix reserved.
 Characteristic Leaching
 Procedure (TCLP).
Appendix III to part 261--      Removal of text in Appendix III to part
 Chemical analysis test          261; appendix reserved.
 methods.
Sec.  Sec.   264.190(a) and     Addition of the suffix ``B'' to method
 265.190(a)--Applicability.      number ``9095.''
Sec.   264.314(c) and Sec.      Addition of the suffix ``B'' to method
 265.314(d)--Special             number ``9095.''
 requirements for bulk and
 containerized liquids.
Sec.  Sec.   264.1034(f) and    Clarification that direct measurement is
 265.1034(f)--Test methods and   allowed to resolve disagreements
 procedures.                     regarding concentration estimates, and
                                 removal of unnecessary references to SW-
                                 846.
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.
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 compliance   methods from the BIF Methods Manual on
 with BIF regulations.           June 13, 1997 and clarification in
                                 existing guidance regarding use of
                                 other appropriate methods and SW-846.
Sec.   268.40(b) and table--    Addition of the suffix ``B'' to method
 Applicability of treatment      number ``1310,'' addition of the suffix
 standards.                      ``C'' to method number ``9010,'' and
                                 addition of the suffix ``B'' to method
                                 number ``9012.''
Sec.   268.44, table--Variance  Addition of the suffix ``C'' to method
 from a treatment standard.      number ``9010'' and the addition of the
                                 suffix ``B'' to method number ``9012.''
Sec.   268.48, table--          Addition of the suffix ``C'' to method
 Universal treatment standards.  number ``9010'' and addition of the
                                 suffix ``B'' to method number ``9012.''
Appendix IX to part 268--       Addition of the suffix ``B'' to method
 Extraction Procedure (EP)       number ``1310.''
 Toxicity Test Method and
 Structural Integrity Test
 (Method 1310).
------------------------------------------------------------------------

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

    In section VI of the preamble to the proposed rule, the Agency 
proposed 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. EPA proposed these actions based on conclusions it reached and 
announced in an April 21, 1998 memorandum, a copy of which is available 
in the docket to this rulemaking, in which EPA addressed concerns about 
the effectiveness of the reactivity analysis procedures (see the 
proposed rule preamble for details regarding the content of this memo 
and its history). (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. To 
summarize, EPA concluded that the guidance had the following 
significant problems:
    (1) The test conditions evaluate a single pH condition and not the 
range of pH conditions (2 to 12.5) specified in the reactivity 
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.
    EPA received comments from eleven different commenters regarding 
this topic. You will find a background document containing our complete 
responses to all relevant public comments in the docket to this rule, 
docket number RCRA-2002-0025, at the location listed above under 
Addresses. Three commenters supported the removal of the reactivity 
test procedures, stating that they believed

[[Page 34549]]

the test and guidance is flawed and that appropriate waste 
classifications can be made in the absence of guidance. On the other 
hand, three other commenters opposed the removal of the reactivity test 
procedures. One of these commenters stated that there are a number of 
concerns about the technical reasons for removal of the procedures, and 
believed that these warrant reconsideration of the proposed deletion of 
the guidance. In reviewing these concerns, the Agency found that the 
commenter may be misreading the Agency's basis for deletion of the 
guidance from SW-846. The commenter was concerned both about the impact 
of certain pH testing conditions and the use of Henry's Law in the 
guidance. However, these topics were not the reasons for withdrawing 
the guidance from SW-846. The Agency will investigate the commenter's 
concerns regarding pH testing conditions and Henry's Law as it develops 
revised guidance. Another one of the commenters asserted that the 
narrative criteria alone can be used for classification of high 
concentration cyanide wastes, but that additional guidance is needed 
for classifying lower level cyanide-bearing wastes. The other commenter 
understood the difficulties associated with the reactivity method 
guidance, but believed that the regulated community needed something 
other than the ``honor system'' to classify these reactive wastes.
    The remaining five commenters had general concerns about making the 
reactivity characteristic determinations, but did not specifically 
support or oppose deletion of the tests or threshold levels. Four 
commenters out of the total of eleven commenters requested that EPA 
replace the deleted tests with other method guidance.
    In response to all comments, the Agency is currently reviewing 
several test methods for possible inclusion in SW-846 as methods for 
characterizing cyanide-bearing wastes. However, the Agency still 
believes it inappropriate to retain the reactive cyanide and reactive 
sulfide methods in SW-846 for the reasons presented in the proposed 
rule preamble and listed above. Regarding the characteristic of 
reactivity, regulated parties have always been responsible for 
complying with the regulation at Sec.  261.23--Characteristic of 
reactivity, which does not require any particular test methods for the 
characterization. Therefore, generators and other persons can use other 
appropriate methods or process knowledge in determining whether a 
particular waste is hazardous due to its reactivity.

VII. Clarifications to Corrosivity and Ignitability Hazardous Waste 
Characteristics

    In sections VII.A and VII.B of the preamble to the proposed rule, 
the Agency proposed revisions to the corrosivity characteristic and the 
ignitability characteristic testing requirements. The proposed 
revisions included changes to references to ASTM standards and SW-846 
methods. We considered these revisions to be non-substantive updates of 
the methods presently used in the regulations and we believed the 
revisions would not affect which wastes are determined to be hazardous 
based on the characteristics. We requested public comment on each of 
the proposed revisions. Significant comments and our responses are 
provided below.

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

    In section VII.A of the preamble to the proposed rule, EPA 
addressed proposed revisions to the corrosivity characteristic testing 
requirements, which included a clarification to Sec.  261.22(a)(2). 
Section 261.22(a)(2) defines the hazardous waste characteristic of 
corrosivity for a liquid which corrodes steel. The required test method 
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 of the 1980 regulations, NACE Standard TM-01-69 
describes a simple immersion test to determine the rate of corrosion. 
However, the procedure described in the background document, in fact, 
was not completely standardized because it was designed to test the 
suitability of metals for a variety of uses. As a result, a comment was 
submitted at that time which expressed concern with the incomplete 
standardization of the NACE Standard which allowed variation in test 
conditions. EPA agreed and, in response to the 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 (now Method 1110A as of Update IIIB), ``Corrosivity Toward 
Steel.'' Therefore, in the proposed MIR, we proposed adding 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.
    Three commenters addressed this section of the proposed MIR. Two of 
these commenters explicitly supported the clarification in Sec.  
261.22(a)(2) that SW-846 Method 1110A, ``Corrosivity Toward Steel,'' is 
the standardized version of the NACE Standard TM-01-69. The other 
commenter did not comment on the proposed revision, but instead 
requested that EPA address a unrelated concern regarding the content of 
Method 1110A. None of the commenters disagreed with the Agency 
statement that the revisions were non-substantive.
    Regarding SW-846 Method 1110A, the commenter believed that the 
method significantly differed from the corresponding Department of 
Transportation (DOT) corrosivity method. Specifically, Method 1110A 
suggests that a 24-hour test duration be used, while the DOT method 
indicates use of a longer test period. The commenter requested that EPA 
either clarify this difference or amend the regulations to allow the 
use of DOT's comparable corrosivity characteristic procedure, as set 
out in 49 CFR 173.137(c)(2), as an alternative test method for 
corrosivity under the hazardous waste regulations.
    First, EPA notes that the test duration time in Method 1110A was 
not addressed or proposed for revision by the MIR. The MIR only 
proposed to clarify that Method 1110A is ``the test method * * * 
standardized * * * in SW-846'' for the corrosivity characteristic 
determination. The commenter does not appear to disagree with the 
proposed clarification. Because the Agency did not take comment, or 
even raise an issue, with the test duration time, we believe it 
inappropriate to address this provision in this final rule. 
Nevertheless, the Agency plans to evaluate the commenter's concerns to 
determine if future regulatory changes are warranted.
    Therefore, in response to the comments submitted, the Agency is 
finalizing the regulatory revision whereby Method 1110A will be 
specified in Sec.  261.22(a)(2). It is not necessary to also reference 
the NACE Standard TM-01-69 in the regulatory text. The NACE method was 
used to

[[Page 34550]]

initially develop Method 1110A and the two methods are not identical.

B. Revisions to Sec.  261.21(a)(1) To Remove an Unnecessary Referral to 
Method Equivalency Petitions; and an Explanation Regarding the Decision 
To Not Revise the Regulation To Include the Updated ASTM Standards and 
References to Methods 1010A and 1020B as Proposed

    In section VII.B of the preamble to the proposed rule, the Agency 
addressed proposed revisions to the ignitability characteristic testing 
requirements in Sec.  261.21(a)(1). Section 261.21(a)(1) of the RCRA 
regulations defines the hazardous waste characteristic of ignitability 
as a liquid which has a flash point less than 60 [deg]C (140 [deg]F) as 
determined by the use of ASTM Standard D 93-79 or D 93-80 (Pensky-
Martens Closed Cup Tester) or ASTM Standard D 3278-78 (Setaflash Closed 
Cup Tester). Since publication of the regulation, the ASTM Standard has 
been revised. However, before proposing to replace the ASTM Standard 
now in the regulation with the newer versions D 93-99c and D 3278-96, 
EPA compared the newer versions of the test protocol with the older 
versions of the protocol and found only non-substantive differences. 
Therefore, EPA proposed and requested comment on replacing the older 
versions of the ASTM Standard in Sec.  261.21(a)(1) with the more 
recent versions. In addition, although ASTM Standard D 93-00 is newer 
than D 93-99c, EPA proposed that D 93-99c replace D 93-80 because EPA 
found that D 93-00 differed in a possibly substantial manner from D 93-
80 and, if it were to be specified instead of D 93-99c, characteristic 
results may be significantly affected. Specifically, we found that the 
D 93-00 version specifies different sample container volumes for 
different sample types. It requires that all matrices, except residual 
fuel oil, be collected in containers not more than 85% or less than 50% 
full. This 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. The Agency requested comment on this evaluation.
    Finally, the Agency proposed to revise Sec.  261.21(a)(1) to 
clarify that the ASTM standards for ignitability characteristic 
determinations are used and referenced by SW-846 Methods 1010A and 
1020B. The Agency believed these revisions to Sec.  261.21(a)(1) to be 
non-substantive and that the changes would not affect which wastes are 
determined to be hazardous based on the characteristic.
    Five commenters addressed this section of the proposed MIR. Two 
commenters supported EPA's proposal to update the references to ASTM 
standards in Sec.  261.21(a)(1). Two other commenters had general 
concerns about the ignitability characteristic and the ASTM standards, 
but did not appear to specifically support or oppose the replacements. 
Only one commenter commented on revising Sec.  261.21(a)(1) to clarify 
that the ASTM standards for the ignitability characteristic are used 
and referenced by SW-846 Methods 1010A and 1020B. The commenter 
supported the regulatory revision.
    Regarding ASTM Standards D 93-99c and D 93-00, the two commenters 
that supported updating the references agreed with EPA that D 93-99c 
and D 93-00 could yield different results and therefore, different 
conclusions as to whether or not a waste would be identified as 
hazardous. The two commenters that disagreed with the Agency's 
conclusion regarding D 93-00 maintained that the potential to lose 
volatile compounds also existed in the 1999 version. One of these 
commenters noted that an even newer version than D 93-00 was now 
available from ASTM, namely D 93-02. The commenter recommended that the 
Agency study that standard for any significant differences.
    The Agency has considered all of the comments and decided to retain 
the existing ASTM regulatory standards and not replace them with the 
newer versions at this time. The Agency agrees with the commenter who 
suggested that EPA further study and review the new versions of the 
ASTM standards. Both newer versions of D 93 require that certain ASTM 
sampling procedures be used, which are unnecessarily prescriptive and 
often inapplicable to hazardous waste collection. The newer version of 
D 93 may also promote potential problems with requirements for sampling 
and automated test equipment. As a result, the Agency believes that a 
more detailed evaluation is warranted. In addition, the Agency believes 
that, although the newer versions of D 93 allows for automated test 
equipment, including the use of an electric igniter which may save 
time, a rigorous comparison of the electrical igniter versus the flame 
igniter should be conducted.
    In addition, the Agency decided to not finalize the addition of 
references to Methods 1010A and 1020B in the regulations as proposed, 
but rather Methods 1010A and 1020B were revised as part of Final Update 
IIIB (final today as part of this rule, see section VIII), whereby all 
method text was replaced with direct references to the ASTM standards 
listed in Sec.  261.21(a)(1).
    Finally, as proposed regarding Sec.  261.21(a)(1), we are removing 
that portion 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 specific test method(s). Also, 
this revision is consistent with similar sections on testing in part 
261 and other parts of the RCRA regulations.

VIII. Availability of Final Update IIIB and Status of Final Update IV 
to SW-846

    SW-846 is a guidance document that changes over time as new 
information and data are developed. On October 30, 2002, we proposed to 
revise several methods and chapters of SW-846 and release these 
revisions as Update IIIB 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 announced the availability 
of Draft Update IVA and IVB, respectively, which we published for 
guidance purposes only.
    As part of this rule, we are finalizing Update IIIB. The Methods 
Team Web site at http://www.epa.gov/SW-846 has been revised to remove 
Proposed Update IIIB and include an integrated electronic version of 
SW-846 which incorporates the final version of that update. In the near 
future after publication of this rule, Draft Updates IVA and IVB will 
be replaced by Final Update IV and its availability will be announced 
by a Federal Register notice.
    The revised methods of Update IIIB are used for method-defined 
parameters and thus, any required uses of those methods will remain in 
the RCRA regulations. Therefore, we revised Sec.  260.11 to include the 
Update IIIB methods.
    In the proposed rule preamble, we also requested comments on 
certain parts of the Update IIIB methods and chapters. We did not 
consider comments on the other sections or parts of the methods or 
chapters because those portions were not proposed for revision. Most of 
the comments concerned the removal of the reactivity guidance methods 
from Chapter Seven and updating the ASTM standards. Those comments are 
addressed in previous sections of this preamble. The

[[Page 34551]]

Agency received a few other comments regarding the documents contained 
in Proposed Update IIIB. The docket to this rule (RCRA-2002-0025) 
contains a background document with our responses to all the comments 
submitted. The responses also identify any revisions made to the 
methods due to the comments.
    Table 5 provides a listing of the four chapters and eleven methods 
in Final Update IIIB. The method numbers in the table reflect the 
appropriate method revision letter suffix (e.g., A, B, C, etc.). These 
suffixes were not always reflected in the RCRA regulations themselves, 
e.g., the regulations cited the method number without a suffix. The 
relevant regulations revised by today's rule do reflect the latest 
suffix. Accordingly, this final rule identifies the latest promulgated 
version of the methods that remain as incorporated by reference at 
Sec.  260.11 in the RCRA regulations. During compliance with those 
regulations, the regulated community must only use the latest 
promulgated revision of the methods as indicated in Sec.  260.11, i.e., 
the regulated community must only use the version of the method cited 
by Sec.  260.11.

            Table 5.--Final Update IIIB Methods and Chapters
------------------------------------------------------------------------
  Chapters or method number             Method or chapter title
------------------------------------------------------------------------
Chapter Five.................  Miscellaneous Test Methods.
Chapter Six..................  Properties.
Chapter Seven................  Characteristics Introduction and
                                Regulatory Definitions.
Chapter Eight................  Methods for Determining Characteristics.
1010A........................  (Referral to) Pensky-Martens Closed Cup
                                Method for Determining Ignitability.
1020B........................  (Referral to) Setaflash Closed Cup Method
                                for Determining Ignitability.
1110A........................  Corrosivity Toward Steel.
1310B........................  Extraction Procedure (EP) Toxicity Test
                                Method and Structural Integrity Test.
9010C........................  Total and Amenable Cyanide: Distillation.
9012B........................  Total and Amenable Cyanide (Automated
                                Colorimetric, with Off-line
                                Distillation).
9040C........................  pH Electrometric Measurement.
9045D........................  Soil and Waste pH.
9060A........................  Total Organic Carbon.
9070A........................  n-Hexane Extractable Material (HEM) for
                                Aqueous Samples.
9095B........................  Paint Filter Liquids 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. Addition of Method 25A to Sec. Sec.  264.1034(c)(1)(ii) and (iv) 
and 265.1034(c)(1)(ii) and (iv)

    In section IX of the preamble to the proposed rule, the Agency 
proposed to revise Sec. Sec.  264.1034(c)(1)(ii) and (iv) and 
Sec. Sec.  265.1034(c)(1)(ii) and (iv) to allow the 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. All comments supported these revisions and 
therefore we finalized these changes, as proposed.

X. Removal of Requirements From Sec. Sec.  63.1208(b)(8)(i) and (ii) in 
the NESHAP Standards To Demonstrate Feedstream Analytes Are Not Present 
at Certain Levels

    In section X of the preamble to the proposed rule, the Agency 
proposed to remove the requirements for analytical DQOs (e.g., 80% 
upper confidence limit) for feedstream analyses found in Sec. Sec.  
63.1208(b)(8)(i) and (ii) that were previously promulgated in the 
National Emission Standards for Hazardous Air Pollutants (NESHAP) for 
Hazardous Waste Combustors on September 30, 1999. All comments 
supported these revisions and therefore we are finalizing these 
changes, as proposed.

XI. Status of the RCRA Waste Sampling Draft Technical Guidance

    In section XI of the preamble to the proposed rule, we announced 
the availability of a stand-alone sampling guidance document entitled, 
``RCRA Waste Sampling Draft Technical Guidance.'' We intended to 
replace the original sampling guidance version of Chapter Nine found in 
EPA publication SW-846 with this new document. We requested comment on 
the guidance. The Agency received a number of comments which are still 
under review and consideration. This additional review of the document 
will help us improve the guidance and ensure that it is most useful in 
its final form. Therefore, we are not at this time issuing a final 
version of the sampling guidance. Once we complete our review and 
evaluation of the comments, we will revise the document as appropriate 
and announce its availability in the Federal Register.

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 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 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 34552]]

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 Rule

    Today's rule affects many aspects of the RCRA Program and is 
promulgated pursuant to both HSWA and non-HSWA statutory authority. 
Therefore, the Agency added 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 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, the states, and 
the regulated community, without compromising human health or 
environmental protection. Therefore, EPA strongly encourages authorized 
states to amend their programs and seek authorization for today's rule.

C. Abbreviated Authorization Procedures

    EPA consider's today's rule to be a minor rulemaking and is adding 
it to the list of minor or routine rulemakings in Table 1 to Sec.  
271.21. Placement in this table will enable states to use the 
abbreviated procedures located in Sec.  271.21(h) when they seek 
authorization for today's changes. These abbreviated procedures were 
established in the HWIR-media rulemaking (see 63 FR 65927, November 30, 
1998).

XIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether a 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 entitlements, 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 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. 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 rule. However, the Office of 
Management and Budget (OMB) previously approved the information 
collection requirements contained in some of the existing regulations 
being revised by this rule, under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and 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 CFR 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 email 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.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare

[[Page 34553]]

a regulatory flexibility 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 final 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 rule on small entities.'' 5 U.S.C. sections 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 rule is specifically intended to reduce economic burden for all 
entities. The action will provide greater flexibility and utility to 
all affected 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. If the methods are appropriate, such entities can 
continue to use the methods previously specified in the regulations 
before today instead of choosing the option to use other appropriate 
methods from other reliable sources. We have therefore concluded that 
today's final rule will relieve regulatory burden for small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA or the 
Act), Pubic Law 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 rule does not contain a Federal mandate. The rule 
imposes no enforceable duty on any State, local or tribal governments. 
This 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 the requirement to use SW-846 methods and allow the use of 
other appropriate methods--that is, clarify allowed flexibility in 
method selection for meeting RCRA-related testing and monitoring 
requirements. Under RCRA, regardless of the method used--the one 
previously specified in the regulation before today or another 
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 rule is not subject to the 
requirements of sections 202, 203 and 205 of UMRA.

E. Executive Order 13132: Federalism

    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 final rule does not have federalism implications. It will not 
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, 
as specified in Executive Order 13132. As explained above, today's 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.

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

    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.''

[[Page 34554]]

    Today's 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 
rulemaking. As stated above, this rule does not propose any new 
regulatory requirements and Indian tribal governments need not adopt 
it. It does not impose any direct compliance costs on tribal 
governments.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    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 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 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 
rule is intended to provide increased flexibility in the use of methods 
for RCRA-related testing and monitoring, and thus is not subject to 
Executive Order 13045.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This 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 rule is not likely to have any adverse 
energy effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 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 rule increases flexibility in the use of methods for RCRA-
related testing and monitoring and does not itself identify or require 
the use of new methods or other technical standards. In fact, this 
rule, may increase the use of available voluntary consensus standards 
for some RCRA applications, provided that such methods are appropriate 
for the regulatory application.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    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 action does not raise 
environmental justice concerns. The impact of this rule 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.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective July 14, 2005.

List of Subjects

40 CFR Part 63

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

40 CFR Part 258

    Environmental protection, Incorporation by reference, 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, Incorporation by reference, Reporting and 
recordkeeping requirements.

40 CFR Part 264

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

40 CFR Part 265

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

40 CFR Part 266

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

[[Page 34555]]

40 CFR Part 268

    Environmental protection, Hazardous waste, Incorporation by 
reference, 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: May 16, 2005.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, EPA amends title 40, chapter 
I, of the Code of Federal Regulations as follows:

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

0
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

0
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

0
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

0
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 9095B (Paint Filter 
Liquids Test), included in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods'' (EPA Publication SW-846) which is 
incorporated by reference. A suffix of ``B'' in the method number 
indicates revision two (the method has been revised twice). Method 
9095B is dated November 2004. This incorporation by reference was 
approved by the Director of the Federal Register pursuant to 5 U.S.C. 
552(a) and 1 CFR part 51. This material is incorporated as it exists on 
the date of approval and a notice of any change in this material will 
be published in the Federal Register. A copy may be inspected at the 
Library, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW. (3403T), Washington, DC 20460, [email protected]; or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *

0
5. Appendix I to part 258 is revised to read as follows:

Appendix I to Part 258--Constituents for Detection Monitoring

------------------------------------------------------------------------
             Common name \1\                         CAS RN \2\
------------------------------------------------------------------------
Inorganic Constituents:
    (1) Antimony.........................  (Total)
    (2) Arsenic..........................  (Total)
    (3) Barium...........................  (Total)
    (4) Beryllium........................  (Total)
    (5) Cadmium..........................  (Total)
    (6) Chromium.........................  (Total)
    (7) Cobalt...........................  (Total)
    (8) Copper...........................  (Total)
    (9) Lead.............................  (Total)
    (10) Nickel..........................  (Total)
    (11) Selenium........................  (Total)
    (12) Silver..........................  (Total)
    (13) Thallium........................  (Total)
    (14) Vanadium........................  (Total)
    (15) Zinc............................  (Total)
Organic Constituents:
    (16) Acetone.........................  67-64-1
    (17) Acrylonitrile 1.................  107-13-1
    (18) Benzene.........................  71-43-2
    (19) Bromochloromethane..............  74-97-5
    (20) Bromodichloromethane............  75-27-4
    (21) Bromoform; Tribromomethane......  75-25-2
    (22) Carbon disulfide................  75-15-0
    (23) Carbon tetrachloride............  56-23-5

[[Page 34556]]

 
    (24) Chlorobenzene...................  108-90-7
    (25) Chloroethane; Ethyl chloride....  75-00-3
    (26) Chloroform; Trichloromethane....  67-66-3
    (27) Dibromochloromethane;             124-48-1
     Chlorodibromomethane.
    (28) 1,2-Dibromo-3-chloropropane;      96-12-8
     DBCP.
    (29) 1,2-Dibromoethane; Ethylene       106-93-4
     dibromide; EDB.
    (30) o-Dichlorobenzene; 1,2-           95-50-1
     Dichlorobenzene.
    (31) p-Dichlorobenzene; 1,4-           106-46-7
     Dichlorobenzene.
    (32) trans-1, 4-Dichloro-2-butene....  110-57-6
    (33) 1,1-Dichlorethane; Ethylidene     75-34-3
     chloride.
    (34) 1,2-Dichlorethane; Ethylene       107-06-2
     dichloride.
    (35) 1,1-Dichloroethylene; 1,1-        75-35-4
     Dichloroethene; Vinylidene chloride.
    (36) cis-1,2-Dichloroethylene; cis-    156-59-2
     1,2-Dichloroethene.
    (37) trans-1, 2-Dichloroethylene;      156-60-5
     trans-1,2-Dichloroethene.
    (38) 1,2-Dichloropropane; Propylene    78-87-5
     dichloride.
    (39) cis-1,3-Dichloropropene.........  10061-01-5
    (40) trans-1,3-Dichloropropene.......  10061-02-6
    (41) Ethylbenzene....................  100-41-4
    (42) 2-Hexanone; Methyl butyl ketone.  591-78-6
    (43) Methyl bromide; Bromomethane....  74-83-9
    (44) Methyl chloride; Chloromethane..  74-87-3
    (45) Methylene bromide;                74-95-3
     Dibromomethane.
    (46) Methylene chloride;               75-09-2
     Dichloromethane.
    (47) Methyl ethyl ketone; MEK; 2-      78-93-3
     Butanone.
    (48) Methyl iodide; Idomethane.......  74-88-4
    (49) 4-Methyl-2-pentanone; Methyl      108-10-1
     isobutyl ketone.
    (50) Styrene.........................  100-42-5
    (51) 1,1,1,2-Tetrachloroethane.......  630-20-6
    (52) 1,1,2,2-Tetrachloroethane.......  79-34-5
    (53) Tetrachloroethylene;              127-18-4
     Tetrachloroethene; Perchloroethylene.
    (54) Toluene.........................  108-88-3
    (55) 1,1,1-Trichloroethane;            71-55-6
     Methylchloroform.
    (56) 1,1,2-Trichloroethane...........  79-00-5
    (57) Trichloroethylene;                79-01-6
     Trichloroethene.
    (58) Trichlorofluoromethane; CFC-11..  75-69-4
    (59) 1,2,3-Trichloropropane..........  96-18-4
    (60) Vinyl acetate...................  108-05-4
    (61) Vinyl chloride..................  75-01-4
    (62) Xylenes.........................  1330-20-7
------------------------------------------------------------------------
\1\ Common names are those widely used in government regulations,
  scientific publications, and commerce; synonyms exist for many
  chemicals.
\2\ Chemical Abstract Service registry number. Where ``Total'' is
  entered, all species in the ground water that contain this element are
  included.


0
6. Appendix II to part 258 is revised to read 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

[[Page 34557]]

 
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'-
 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 footnote 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,
 Dibromochloromethane.                               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...................  See footnote 5......  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-  59-50-7.............  Phenol, 4-chloro-3-
 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-
                                                     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; 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-  156-59-2............  Ethene, 1,2-dichloro-
 Dichloroethylene; cis-1,2-                          (Z)-
 Dichloroethene.
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[alpha],2[beta],
                                                     2a[alpha],3[beta],6
                                                     [beta],6a[alpha],7[
                                                     beta],7a[alpha])-

[[Page 34558]]

 
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,[a
 Dimethylphenethylamine.                             lpha][alpha]-
                                                     dimethy1
2,4-Dimethylphenol; m-        105-67-9............  Phenol, 2,4-dimethyl-
 Xylenol.
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; 4,6-    534-52-1............  Phenol, 2-methyl-4,6-
 Dinitro-2-methylphenol.                             dinitro-
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[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-Methenocyclo-
                                                     penta[cd]pentalene-
                                                     5-
                                                     carboxaldehyde,2,2a
                                                     ,3,3,4,7-
                                                     hexachlorodecahydro-
                                                      (1[alpha],2[beta],
                                                     2a[beta],4[beta],
                                                     4a[beta],5[beta],6a
                                                     [beta],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]phenyl]-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-
                                                     heptachlor-
                                                     1a,1b,5,5a,6,6a,-
                                                     hexahydr-
                                                     ,(1a[alpha],1b[beta
                                                     ],
                                                     2[alpha],5[alpha],5
                                                     a[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-
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[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-
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

[[Page 34559]]

 
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
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 footnote 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, 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.                        trichlorophenoxy)-
2,3,7,8-TCDD; 2,3,7,8-        1746-01-6...........  Dibenzo[b,e][1,4]dio
 Tetrachlorodibenzo- p-                              xin, 2,3,7,8-
 dioxin.                                             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 footnote 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 footnote 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.

[[Page 34560]]

 
\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).
\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

0
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

0
8. Section 260.11 is revised to read as follows:


Sec.  260.11  References.

    (a) When used in parts 260 through 270 of this chapter, the 
following publications are incorporated by reference. These 
incorporations by reference were approved by the Director of the 
Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These 
materials are incorporated as they exist on the date of approval and a 
notice of any change in these materials will be published in the 
Federal Register. Copies may be inspected at the Library, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW. (3403T), 
Washington, DC 20460, [email protected]; or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The following materials are available for purchase from the 
American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. 
Box C700, West Conshohocken, PA 19428-2959.

    (1) ASTM D-93-79 or D-93-80, ``Standard Test Methods for Flash 
Point by Pensky-Martens Closed Cup Tester,'' IBR approved for Sec.  
261.21.
    (2) ASTM D-1946-82, ``Standard Method for Analysis of Reformed 
Gas by Gas Chromatography,'' IBR approved for Sec. Sec.  264.1033, 
265.1033.
    (3) ASTM D 2267-88, ``Standard Test Method for Aromatics in 
Light Naphthas and Aviation Gasolines by Gas Chromatography,'' IBR 
approved for Sec.  264.1063.
    (4) ASTM D 2382-83, ``Standard Test Method for Heat of 
Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision 
Method),'' IBR approved for Sec. Sec.  264.1033, 265.1033.
    (5) ASTM D 2879-92, ``Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope,'' IBR approved for Sec.  265.1084.
    (6) ASTM D-3278-78, ``Standard Test Methods for Flash Point for 
Liquids by Setaflash Closed Tester,'' IBR approved for Sec.  
261.21(a).
    (7) ASTM E 168-88, ``Standard Practices for General Techniques 
of Infrared Quantitative Analysis,'' IBR approved for Sec.  
264.1063.
    (8) ASTM E 169-87, ``Standard Practices for General Techniques 
of Ultraviolet-Visible Quantitative Analysis,'' IBR approved for 
Sec.  264.1063.
    (9) ASTM E 260-85, ``Standard Practice for Packed Column Gas 
Chromatography,'' IBR approved for Sec.  264.1063.
    (10) ASTM E 926-88, ``Standard Test Methods for Preparing 
Refuse-Derived Fuel (RDF) Samples for Analyses of Metals,'' Test 
Method C--Bomb, Acid Digestion Method.

    (c) The following materials are available for purchase from the 
National Technical Information Service, 5285 Port Royal Road, 
Springfield, VA 22161; or for purchase from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 
512-1800.

    (1) ``APTI Course 415: Control of Gaseous Emissions,'' EPA 
Publication EPA-450/2-81-005, December 1981, IBR approved for 
Sec. Sec.  264.1035, 265.1035, 270.24, 270.25.
    (2) Method 1664, Revision A, n-Hexane Extractable Material (HEM; 
Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material 
(SGT-HEM; Non-polar Material) by Extraction and Gravimetry, PB99-
121949, IBR approved for part 261, appendix IX.
    (3) The following methods as published in the test methods 
compendium known as ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, Third Edition. 
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). A suffix of ``D'' in the 
method number indicates revision four (the method has been revised 
four times).
    (i) Method 0010, dated September 1986 and in the Basic Manual, 
IBR approved for part 261, appendix IX.
    (ii) Method 0020, dated September 1986 and in the Basic Manual, 
IBR approved for part 261, appendix IX.
    (iii) Method 0030, dated September 1986 and in the Basic Manual, 
IBR approved for part 261, appendix IX.
    (iv) Method 1320, dated September 1986 and in the Basic Manual, 
IBR approved for part 261, appendix IX.
    (v) Method 1311, dated September 1992 and in Update I, IBR 
approved for part 261, appendix IX, and Sec. Sec.  261.24, 268.7, 
268.40.
    (vi) Method 1330A, dated September 1992 and in Update I, IBR 
approved for part 261, appendix IX.
    (vii) Method 1312 dated September 1994 and in Update II, IBR 
approved for part 261, appendix IX.
    (viii) Method 0011, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, and part 266, appendix IX.
    (ix) Method 0023A, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and Sec.  
266.104.
    (x) Method 0031, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX.
    (xi) Method 0040, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX.
    (xii) Method 0050, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and Sec.  
266.107.
    (xiii) Method 0051, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and Sec.  
266.107.
    (xiv) Method 0060, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, Sec.  266.106, and part 266, 
appendix IX.
    (xv) Method 0061, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, Sec.  266.106, and part 266, 
appendix IX.
    (xvi) Method 9071B, dated April 1998 and in Update IIIA, IBR 
approved for part 261, appendix IX.
    (xvii) Method 1010A, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xviii) Method 1020B, dated November 2004 and in Update IIIB, 
IBR approved for part 261, appendix IX.
    (xix) Method 1110A, dated November 2004 and in Update IIIB, IBR 
approved for Sec.  261.22 and part 261, appendix IX.
    (xx) Method 1310B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xxi) Method 9010C, dated November 2004 and in Update IIIB, IBR 
approved for part

[[Page 34561]]

261, appendix IX and Sec. Sec.  268.40, 268.44, 268.48.
    (xxii) Method 9012B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX and Sec. Sec.  268.40, 268.44, 
268.48.
    (xxiii) Method 9040C, dated November 2004 and in Update IIIB, 
IBR approved for part 261, appendix IX and Sec.  261.22.
    (xxiv) Method 9045D, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xxv) Method 9060A, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX, and Sec. Sec.  264.1034, 
264.1063, 265.1034, 265.1063.
    (xxvi) Method 9070A, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xxvii) Method 9095B, dated November 2004 and in Update IIIB, 
IBR approved, part 261, appendix IX, and Sec. Sec.  264.190, 
264.314, 265.190, 265.314, 265.1081, 268.32.

    (d) The following materials are available for purchase from the 
National Fire Protection Association, 1 Batterymarch Park, P.O. Box 
9101, Quincy, MA 02269-9101.

    (1) ``Flammable and Combustible Liquids Code'' (1977 or 1981), 
IBR approved for Sec. Sec.  264.198, 265.198.
    (2) [Reserved]

    (e) The following materials are available for purchase from the 
American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 
20005.

    (1) API Publication 2517, Third Edition, February 1989, 
``Evaporative Loss from External Floating-Roof Tanks,'' IBR approved 
for Sec.  265.1084.
    (2) [Reserved]

    (f) The following materials are available for purchase from the 
Environmental Protection Agency, Research Triangle Park, NC.

    (1) ``Screening Procedures for Estimating the Air Quality Impact 
of Stationary Sources, Revised'', October 1992, EPA Publication No. 
EPA-450/R-92-019, IBR approved for part 266, appendix IX.
    (2) [Reserved]

    (g) The following materials are available for purchase from the 
Organisation for Economic Co-operation and Development, Environment 
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.

    (1) OECD Green List of Wastes (revised May 1994), Amber List of 
Wastes and Red List of Wastes (both revised May 1993) as set forth 
in Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD 
Council Decision C(92)39/FINAL (Concerning the Control of 
Transfrontier Movements of Wastes Destined for Recovery Operations), 
IBR approved for 262.89 of this chapter.
    (2) [Reserved]

Subpart C--Rulemaking Petitions

0
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.

0
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; or
* * * * *

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
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

0
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, 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

0
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 93-79 or D 
93-80 (incorporated by reference, see Sec.  260.11), or a Setaflash 
Closed Cup Tester, using the test method specified in ASTM Standard D 
3278-78 (incorporated by reference, see Sec.  260.11).
* * * * *

0
14. Section 261.22 is amended by revising paragraphs (a)(1) and (2) to 
read as follows:


Sec.  261.22  Characteristic of corrosivity.

    (a) * * *
    (1) It is aqueous and has a pH less than or equal to 2 or greater 
than or equal to 12.5, as determined by a pH meter using Method 9040C 
in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication SW-846, as incorporated by reference in 
Sec.  260.11 of this chapter.
    (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 Method 1110A 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

0
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 an appropriate method.
    (B) ``Not detected'' means at or below the following lower method 
calibration limits (MCLs): The 2,3,7,8-TCDD-based MCL--0.01 parts per 
trillion (ppt), sample weight of 1000 g, IS spiking

[[Page 34562]]

level of 1 ppt, final extraction volume of 10-50 [mu]L. For other 
congeners--multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for 
HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for OCDD/OCDF.
* * * * *

0
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 plan shall be followed and retained at the facility 
excluding the waste.
* * * * *

0
17. Appendix I to part 261 is amended by revising paragraphs four and 
five to read as follows:

Appendix I to Part 261--Representative Sampling Methods

* * * * *
    Containerized liquid waste--``COLIWASA.''
    Liquid waste in pits, ponds, lagoons, and similar reservoirs.--
``Pond Sampler.''
* * * * *

Appendices II and III to Part 261 [Removed and Reserved]

0
18. Part 261 is amended by removing and reserving Appendices II and 
III.

0
19. Appendix IX to part 261 is amended in Table 1:
0
a. In the entry for ``Aptus, Inc, Coffeyville, Kansas,'' under the 
``Waste description'' column, by revising paragraphs (2), (3), and (4);
0
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);
0
c. In the entry for ``Bekaert Corp., Dyersburg, TN,'' under the ``Waste 
description'' column, by revising paragraph (4)(B);
0
d. In the entry for ``Bethlehem Steel Corporation, Sparrows Point, 
Maryland,'' under the ``Waste description'' column, by revising the 
introductory text of paragraph (1);
0
e. In the entry for ``BMW Manufacturing Corporation, Greer, South 
Carolina,'' under the ``Waste description'' column, by revising the 
introductory text of paragraph (2);
0
f. In the entry for ``DuraTherm, Incorporated, San Leon, Texas,'' under 
the ``Waste description'' column, by revising the introductory text of 
paragraph (3);
0
g. In the entry for ``Eastman Chemical Company, Longview, Texas,'' 
under the ``Waste description'' column, by revising the introductory 
text of paragraph (3);
0
h. In the entry for ``Envirite of Pennsylvania (formerly Envirite 
Corporation), York, Pennsylvania,'' under the ``Waste description'' 
column, by revising paragraph (2);
0
i. 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);
0
j. In the entry for ``McDonnell Douglas Corporation, Tulsa, Oklahoma,'' 
under the ``Waste description'' column, by revising paragraph (3);
0
k. In the entry for ``Occidental Chemical, Ingleside, Texas,'' under 
the ``Waste description'' column, by revising the introductory text of 
paragraph (3);
0
l. By removing the entry for ``OxyVinyls, L.P., Deer Park, TX;''
0
m. In the entry for ``Rhodia, Houston, Texas,'' under the ``Waste 
description'' column, by revising the introductory text of paragraph 
(3);
0
n. In the entry for ``Syntex Agribusiness, Springfield, MO,'' under the 
``Waste description'' column, by revising paragraphs (2), (3), (4), 
(5), and (6);
0
o. In the entry for ``Texas Eastman, Longview, Texas,'' under the 
``Waste description'' column, by revising paragraph 3;
0
p. In the entry for ``Tokusen USA, Inc., Conway, AR,'' under the 
``Waste description'' column, by revising paragraph (2)(C), the 
introductory text of paragraph (3), and paragraphs (3)(A)(ii), (3)(B), 
and (3)(C)(ii);
0
q. 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 to Part 261--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 34563]]

 
                                                                                          (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. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring use of SW-
                                                                                           846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B.
                                                                                          (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. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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,
                                                                                           Tetrachlorethylene--5
                                                                                           9 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 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 Control     Vertac Superfund site, Jacksonville,         * * * * *
 and Ecology.                                 Arkansas.

[[Page 34564]]

 
                                                                                          (1) Testing: Sample
                                                                                           collection and
                                                                                           analyses (including
                                                                                           quality control (QC)
                                                                                           procedures) must be
                                                                                           performed according
                                                                                           to appropriate
                                                                                           methods. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B.
                                                                                          * * * * *
                                                                                          (3) * * *
                                                                                          (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
                                                                                           heptachlorodibenzofur
                                                                                           ans to determine the
                                                                                           2, 3, 7, 8-tetra-
                                                                                           chlorodibenzo-p-
                                                                                           dioxin equivalent
                                                                                           concentration. The
                                                                                           analysis must be
                                                                                           conducted using a
                                                                                           measurement system
                                                                                           that achieves
                                                                                           practical
                                                                                           quantitation limits
                                                                                           of 15 parts per
                                                                                           trillion (ppt) for
                                                                                           the tetra- and penta-
                                                                                           homologs, and 37 ppt
                                                                                           for the hexa- and
                                                                                           hepta-homologs.
                                                                                          * * * * *
 
                                                  * * * * * * *
Bekaert Corp...............................  Dyersburg, TN..............................  * * * * *
                                                                                          (4) * * *
                                                                                          (A) * * *
                                                                                          (B) The sample for the
                                                                                           annual testing shall
                                                                                           be a representative
                                                                                           composite sample for
                                                                                           all constituents
                                                                                           listed in paragraph
                                                                                           (1).
Bethlehem Steel Corporation................  Sparrows Point, Maryland...................  * * * * *
                                                                                          (1) Testing: Sample
                                                                                           collection and
                                                                                           analyses (including
                                                                                           quality control (QC)
                                                                                           procedures) must be
                                                                                           performed using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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............................  * * * * *

[[Page 34565]]

 
                                                                                          (3) Verification
                                                                                           Testing Requirements:
                                                                                           DuraTherm must
                                                                                           perform sample
                                                                                           collection and
                                                                                           analyses, including
                                                                                           quality control
                                                                                           procedures, using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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, using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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).
                                                                                          * * * * *
 
                                                  * * * * * * *
Envirite of Pennsylvania (formerly Envirite  York, Pennsylvania.........................  * * * * *
 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.
                                                                                          * * * * *
 
                                                  * * * * * * *
Geological Reclamation Operations and        Morrisville, Pennsylvania..................  * * * * *
 Systems, Inc.
                                                                                          (1) Testing: Sample
                                                                                           collection and
                                                                                           analyses, including
                                                                                           quality control (QC)
                                                                                           procedures, must be
                                                                                           performed using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B.
                                                                                          * * * * *
 
                                                  * * * * * * *
McDonnell Douglas Corporation..............  Tulsa, Oklahoma............................  * * * * *

[[Page 34566]]

 
                                                                                          (3) Verification
                                                                                           Testing Requirements:
                                                                                           Sample collection and
                                                                                           analyses, including
                                                                                           quality control
                                                                                           procedures, must be
                                                                                           performed using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, any analyses
                                                                                           requiring use of SW-
                                                                                           846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must use those
                                                                                           methods without
                                                                                           substitution. As
                                                                                           applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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, using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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............................  * * * * *

[[Page 34567]]

 
                                                                                          (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
                                                                                           using appropriate
                                                                                           methods. As
                                                                                           applicable to the
                                                                                           method- defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B.
                                                                                          (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
                                                                                           using appropriate
                                                                                           methods. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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
                                                                                           using appropriate
                                                                                           methods. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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 34568]]

 
                                                                                          (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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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
                                                                                           10-7, Benzo(a)pyrene--
                                                                                           4 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--7
                                                                                           20,
                                                                                           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. 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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. If EPA
                                                                                           judges the
                                                                                           incineration process
                                                                                           to be effective under
                                                                                           the operating
                                                                                           conditions used
                                                                                           during the initial
                                                                                           verification testing
                                                                                           described in
                                                                                           Condition Texas
                                                                                           Eastman may replace
                                                                                           the testing required
                                                                                           in Condition (4) with
                                                                                           the testing required
                                                                                           in Condition (5)
                                                                                           below. Texas Eastman
                                                                                           must, however,
                                                                                           continue to test as
                                                                                           specified in
                                                                                           Condition (4) until
                                                                                           notified by EPA in
                                                                                           writing that testing
                                                                                           in Condition (4) may
                                                                                           be replaced by the
                                                                                           testing described in
                                                                                           Condition (5).
                                                                                          * * * * *
Tokusen USA, Inc...........................  Conway, AR.................................  * * * * *
                                                                                          (2) * * *
                                                                                          (B) * * *

[[Page 34569]]

 
                                                                                          (C) If constituent
                                                                                           levels in a sample
                                                                                           exceed any of the
                                                                                           delisting levels set
                                                                                           in Paragraph (1),
                                                                                           Tokusen must retreat
                                                                                           the batches of waste
                                                                                           used to generate the
                                                                                           representative sample
                                                                                           until it meets the
                                                                                           levels. Tokusen must
                                                                                           repeat the analyses
                                                                                           of the treated waste.
                                                                                          (D) * * *
                                                                                          (3) Verification
                                                                                           Testing Requirements:
                                                                                           Tokusen must perform
                                                                                           sample collection and
                                                                                           analyses, including
                                                                                           quality control
                                                                                           procedures, using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. If EPA
                                                                                           judges the process to
                                                                                           be effective under
                                                                                           the operating
                                                                                           conditions used
                                                                                           during the initial
                                                                                           verification testing,
                                                                                           Tokusen may replace
                                                                                           the testing required
                                                                                           in Paragraph (3)(A)
                                                                                           with the testing
                                                                                           required in Paragraph
                                                                                           (3)(B). Tokusen 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).
                                                                                          (A) * * *
                                                                                          (i) * * *
                                                                                          * * * * *
                                                                                          (ii) Make two
                                                                                           composites of
                                                                                           representative grab
                                                                                           samples collected.
                                                                                          * * * * *
                                                                                          (B) Subsequent
                                                                                           Verification Testing:
                                                                                           Following written
                                                                                           notification by EPA,
                                                                                           Tokusen may
                                                                                           substitute the
                                                                                           testing conditions in
                                                                                           (3)(B) for (3)(A).
                                                                                           Tokusen must continue
                                                                                           to monitor operating
                                                                                           conditions, and
                                                                                           analyze
                                                                                           representative
                                                                                           samples each quarter
                                                                                           of operation during
                                                                                           the first year of
                                                                                           waste generation,
                                                                                           using appropriate
                                                                                           methods. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. The
                                                                                           samples must
                                                                                           represent the waste
                                                                                           generated during the
                                                                                           quarter.
                                                                                          (C) * * *
                                                                                          (i) * * *
                                                                                          (ii) Following
                                                                                           cancellation of the
                                                                                           quarterly testing,
                                                                                           Tokusen must continue
                                                                                           to test a
                                                                                           representative
                                                                                           composite sample for
                                                                                           all constituents
                                                                                           listed in Paragraph
                                                                                           (1) annually (by
                                                                                           twelve months after
                                                                                           final exclusion),
                                                                                           using appropriate
                                                                                           methods. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B.
                                                                                          * * * * *
 
                                                  * * * * * * *
Tyco Printed Circuit Group, Melbourne        Melbourne, Florida.........................  * * * * *
 Division.
                                                                                          (1) Verification
                                                                                           Testing Requirements:
                                                                                           Sample collection and
                                                                                           analyses, including
                                                                                           quality control
                                                                                           procedures must be
                                                                                           performed using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CDFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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).
                                                                                          * * * * *
 

[[Page 34570]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
20. Appendix IX to part 261 is amended in Table 2:
0
a. By removing the entry for ``Bekaert Corp., Dyersburg, TN'';
0
b. In the entry for ``Bethlehem Steel Corp., Steelton, PA,'' under the 
``Waste description'' column, by revising paragraphs (1) and (2);
0
c. In the entry for ``Bethlehem Steel Corp., Johnston, PA,'' under the 
``Waste description'' column, by revising paragraphs (1) and (2);
0
d. 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);
0
e. In the entry for ``CF&I Steel Corporation, Pueblo, Colorado,'' under 
the ``Waste description'' column, by revising paragraphs (1) and (2);
0
f. 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);
0
g. In the entry for ``Conversion Systems, Inc., Horsham, 
Pennsylvania,'' under the ``Waste description'' column, by revising the 
introductory text of paragraph (1);
0
h. 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);
0
i. In the entry for ``Envirite of Pennsylvania (formerly Envirite 
Corporation), York, Pennsylvania,'' under the ``Waste description'' 
column, by revising paragraph (2);
0
j. In the entry for ``Heritage Environmental Services, LLC, at the 
Nucor Steel Facility, Crawfordsville, Indiana,'' under the ``Waste 
Description'' column, by revising paragraph (2);
0
k. In the entry for ``Marathon Oil Co., Texas City, TX,'' under the 
``Waste description'' column, by revising the introductory text of 
paragraph (1);
0
l. 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);
0
m. 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);
0
n. In the entry for ``Oxy Vinyls, Deer Park, Texas,'' under the ``Waste 
description'' column, by revising the introductory text of paragraph 
(3);
0
o. By adding the entry for ``OxyVinyls, L.P., Deer Park, TX,'' after 
the entry for ``Oxy Vinyls, Deer Park, Texas;''
0
p. In the entry for ``Roanoke Electric Steel Corp., Roanoke, VA,'' 
under the ``Waste description'' column, by revising paragraphs (1)(A), 
(1)(B), and (2);
0
q. 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 to Part 261--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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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 34571]]

 
                                                                                          (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
                                                                                           using appropriate
                                                                                           methods. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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
                                                                                           exceeds 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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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
                                                                                           using appropriate
                                                                                           methods. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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 retreated until it
                                                                                           meets these levels or
                                                                                           managed and disposed
                                                                                           in accordance with
                                                                                           subtitle C of RCRA.
                                                                                          * * * * *

[[Page 34572]]

 
BF Goodrich Intermediates Company, Inc.....  Calvert City, Kentucky.....................  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
                                                                                           using appropriate
                                                                                           methods. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. This
                                                                                           testing program must
                                                                                           meet the following
                                                                                           conditions for the
                                                                                           exclusion to be
                                                                                           valid:
                                                                                          (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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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.

[[Page 34573]]

 
                                                                                          (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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B.
                                                                                          * * * * *
                                                                                          (3) Verification
                                                                                           Testing Requirements:
                                                                                           Sample collection and
                                                                                           analyses, including
                                                                                           quality control
                                                                                           procedures, must be
                                                                                           performed using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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 by
                                                                                           Condition (3)(B).
                                                                                          * * * * *
Conversion Systems, Inc....................  Horsham, Pennsylvania......................  * * * * *

[[Page 34574]]

 
                                                                                          (1) Verification
                                                                                           Testing Requirements:
                                                                                           Sample collection and
                                                                                           analyses, including
                                                                                           quality control
                                                                                           procedures, must be
                                                                                           performed using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B.
                                                                                          * * * * *
DOE-RL.....................................  Richland, Washington.......................  * * * * *
                                                                                          (1) Testing: Sample
                                                                                           collection and
                                                                                           analyses (including
                                                                                           quality control (QC)
                                                                                           procedures) must be
                                                                                           performed using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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--0.0
                                                                                           7, Di-n-octyl
                                                                                           phthalate--7.0,
                                                                                           Hexachloroethane--0.0
                                                                                           6, 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 Envirite  York, Pennsylvania.........................  * * * * *
 Corporation).
                                                                                          (2) Each batch of
                                                                                           treatment residue
                                                                                           (formerly must be
                                                                                           tested for leachable
                                                                                           cyanide. If the
                                                                                           leachable cyanide
                                                                                           levels Corporation)
                                                                                           (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.
                                                                                          * * * * *
 
                                                  * * * * * * *
Heritage Environmental Services, LLC, at     Crawfordsville, Indiana....................  * * * * *
 the Nucor Steel facility.

[[Page 34575]]

 
                                                                                          (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.
                                                                                           The constituent
                                                                                           concentrations
                                                                                           measured must be less
                                                                                           than 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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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 Shoals     Sheffield, Alabama.........................  Retorted wastewater
 Plant.                                                                                    treatment sludge from
                                                                                           the mercury cell
                                                                                           process in chlorine
                                                                                           production (EPA
                                                                                           Hazardous Plant 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
                                                                                           using appropriate
                                                                                           methods. As
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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 34576]]

 
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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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
                                                                                           using appropriate
                                                                                           methods, and as
                                                                                           applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B: * * *
                                                                                          (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 exceed
                                                                                           10.9 mg/l, the waste
                                                                                           must either be
                                                                                           retreated or managed
                                                                                           and disposed of in
                                                                                           accordance with all
                                                                                           applicable hazardous
                                                                                           waste regulations.
                                                                                          * * * * *
 
                                                  * * * * * * *
OxyVinyls..................................  Deer Park, Texas...........................  * * * * *
                                                                                          (3) Verification
                                                                                           Testing Requirements:
                                                                                           Sample collection and
                                                                                           analyses, including
                                                                                           quality control
                                                                                           procedures, must be
                                                                                           performed using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. If EPA
                                                                                           judges the
                                                                                           incineration process
                                                                                           to be effective under
                                                                                           the operating
                                                                                           conditions used
                                                                                           during the initial
                                                                                           verification testing,
                                                                                           OxyVinyls may replace
                                                                                           the testing required
                                                                                           in Condition (3)(A)
                                                                                           with the testing
                                                                                           required in Condition
                                                                                           (3)(B). OxyVinyls
                                                                                           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 34577]]

 
                                                                                          * * * * *
OxyVinyls, L.P.............................  Deer Park, TX..............................  Incinerator Offgas
                                                                                           Scrubber Water (EPA
                                                                                           Hazardous Waste Nos.
                                                                                           K017, K019 and K020)
                                                                                           generated at a
                                                                                           maximum annual rate
                                                                                           of 919,990 cubic
                                                                                           yards per calendar
                                                                                           year after April 22,
                                                                                           2004, and disposed in
                                                                                           accordance with the
                                                                                           TPDES permit. For the
                                                                                           exclusion to be
                                                                                           valid, OxyVinyls must
                                                                                           implement a testing
                                                                                           program that meets
                                                                                           the following
                                                                                           Paragraphs:
                                                                                          (1) Delisting Levels:
                                                                                           All total
                                                                                           concentrations for
                                                                                           those constituents
                                                                                           must not exceed the
                                                                                           following levels (mg/
                                                                                           kg) in the
                                                                                           incinerator offgas
                                                                                           scrubber water.
                                                                                           Incinerator offgas
                                                                                           treatment scrubber
                                                                                           water (i) Inorganic
                                                                                           Constituents
                                                                                           Antimony--0.0204;
                                                                                           Arsenic--0.385;
                                                                                           Barium--2.92;
                                                                                           Beryllium--0.166;
                                                                                           Cadmium--0.0225;
                                                                                           Chromium--5.0;
                                                                                           Cobalt--13.14;
                                                                                           Copper--418.00; Lead--
                                                                                           5.0; Nickel--1.13;
                                                                                           Mercury--0.0111;
                                                                                           Vanadium--0.838;
                                                                                           Zinc--2.61 (ii)
                                                                                           Organic Constituents
                                                                                           Acetone--1.46;
                                                                                           Bromoform--0.481;
                                                                                           Bromomethane--8.2;
                                                                                           Bromodichloromethane-
                                                                                           -0.0719; Chloroform--
                                                                                           0.683;
                                                                                           Dibromochloromethane-
                                                                                           -0.057; Iodomethane--
                                                                                           0.19; Methylene
                                                                                           Chloride--0.029;
                                                                                           2,3,7,8--TCDD
                                                                                           equivalents as TEQ--
                                                                                           0.0000926
                                                                                          (2) Waste Management:
                                                                                           (A) OxyVinyls must
                                                                                           manage as hazardous
                                                                                           all incinerator
                                                                                           offgas treatment
                                                                                           scrubber water
                                                                                           generated, until it
                                                                                           has completed initial
                                                                                           verification testing
                                                                                           described in
                                                                                           Paragraphs (3)(A) and
                                                                                           (B), as appropriate,
                                                                                           and valid analyses
                                                                                           show that paragraph
                                                                                           (1) is satisfied.
                                                                                          (B) Levels of
                                                                                           constituents measured
                                                                                           in the samples of the
                                                                                           incinerator offgas
                                                                                           treatment scrubber
                                                                                           water that do not
                                                                                           exceed the levels set
                                                                                           forth in Paragraph
                                                                                           (1) are non-
                                                                                           hazardous. OxyVinyls
                                                                                           can manage and
                                                                                           dispose the non-
                                                                                           hazardous incinerator
                                                                                           offgas treatment
                                                                                           scrubber water
                                                                                           according to all
                                                                                           applicable solid
                                                                                           waste regulations.
                                                                                          (C) If constituent
                                                                                           levels in a sample
                                                                                           exceed any of the
                                                                                           delisting levels set
                                                                                           in Paragraph (1),
                                                                                           OxyVinyls must
                                                                                           collect one
                                                                                           additional sample and
                                                                                           perform the expedited
                                                                                           analyses to confirm
                                                                                           if the constituent
                                                                                           exceeds the delisting
                                                                                           level. If this sample
                                                                                           confirms the
                                                                                           exceedance, OxyVinyls
                                                                                           must, from that point
                                                                                           forward, treat the
                                                                                           waste as hazardous
                                                                                           until it is
                                                                                           demonstrated that the
                                                                                           waste again meets the
                                                                                           levels set in
                                                                                           Paragraph (1).
                                                                                           OxyVinyls must notify
                                                                                           EPA of the exceedance
                                                                                           and resampling
                                                                                           analytical results
                                                                                           prior to disposing of
                                                                                           the waste.
                                                                                          (D) If the waste
                                                                                           exceeds the levels in
                                                                                           paragraph (1)
                                                                                           OxyVinyls must manage
                                                                                           and dispose of the
                                                                                           waste generated under
                                                                                           Subtitle C of RCRA
                                                                                           from the time that it
                                                                                           becomes aware of any
                                                                                           exceedance.
                                                                                          (E) Upon completion of
                                                                                           the Verification
                                                                                           Testing described in
                                                                                           Paragraphs 3(A) and
                                                                                           (B) as appropriate
                                                                                           and the transmittal
                                                                                           of the results to
                                                                                           EPA, and if the
                                                                                           testing results meet
                                                                                           the requirements of
                                                                                           Paragraph (1),
                                                                                           OxyVinyls may proceed
                                                                                           to manage its
                                                                                           incinerator offgas
                                                                                           treatment scrubber
                                                                                           water as non-
                                                                                           hazardous waste. If
                                                                                           subsequent
                                                                                           verification testing
                                                                                           indicates an
                                                                                           exceedance of the
                                                                                           Delisting Levels in
                                                                                           Paragraph (1),
                                                                                           OxyVinyls must manage
                                                                                           the incinerator
                                                                                           offgas treatment
                                                                                           scrubber water as a
                                                                                           hazardous waste until
                                                                                           two consecutive
                                                                                           quarterly testing
                                                                                           samples show levels
                                                                                           below the Delisting
                                                                                           Levels.
                                                                                          (3) Verification
                                                                                           Testing Requirements:
                                                                                           OxyVinyls must
                                                                                           perform sample
                                                                                           collection and
                                                                                           analyses, including
                                                                                           quality control
                                                                                           procedures, using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. If EPA
                                                                                           judges the process to
                                                                                           be effective under
                                                                                           the operating
                                                                                           conditions used
                                                                                           during the initial
                                                                                           verification testing,
                                                                                           OxyVinlys may replace
                                                                                           the testing required
                                                                                           in Paragraph (3)(A)
                                                                                           with the testing
                                                                                           required in Paragraph
                                                                                           (3)(B). OxyVinyls
                                                                                           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).

[[Page 34578]]

 
                                                                                          (A) Initial
                                                                                           Verification Testing:
                                                                                           After EPA grants the
                                                                                           final exclusion,
                                                                                           OxyVinyls must do the
                                                                                           following: (i) Within
                                                                                           60 days of this
                                                                                           exclusion becoming
                                                                                           final, collect four
                                                                                           samples, before
                                                                                           disposal, of the
                                                                                           incinerator offgas
                                                                                           treatment scrubber
                                                                                           water. (ii) The
                                                                                           samples are to be
                                                                                           analyzed and compared
                                                                                           against the delisting
                                                                                           levels in Paragraph
                                                                                           (1) (iii). Within
                                                                                           sixty (60) days after
                                                                                           the exclusion becomes
                                                                                           final, OxyVinyls will
                                                                                           report initial
                                                                                           verification
                                                                                           analytical test data,
                                                                                           including analytical
                                                                                           quality control
                                                                                           information for the
                                                                                           first sixty (30) days
                                                                                           of operation after
                                                                                           this exclusion
                                                                                           becomes final of the
                                                                                           incinerator offgas
                                                                                           treatment scrubber
                                                                                           water. If levels of
                                                                                           constituents measured
                                                                                           in the samples of the
                                                                                           incinerator offgas
                                                                                           treatment scrubber
                                                                                           water that do not
                                                                                           exceed the levels set
                                                                                           forth in Paragraph
                                                                                           (1) and are also non-
                                                                                           hazardous in two
                                                                                           consecutive quarters
                                                                                           after the first
                                                                                           thirty (30) days of
                                                                                           operation after this
                                                                                           exclusion, OxyVinyls
                                                                                           can manage and
                                                                                           dispose of the
                                                                                           incinerator offgas
                                                                                           treatment scrubber
                                                                                           water according to
                                                                                           all applicable solid
                                                                                           water regulations
                                                                                           after reporting the
                                                                                           analytical results to
                                                                                           EPA.
                                                                                          (B) Subsequent
                                                                                           Verification Testing:
                                                                                           Following written
                                                                                           notification by EPA,
                                                                                           OxyVinyls may
                                                                                           substitute the
                                                                                           testing conditions in
                                                                                           Paragraph (3)(B) for
                                                                                           (3)(A). OxyVinyls
                                                                                           must continue to
                                                                                           monitor operating
                                                                                           conditions, and
                                                                                           analyze
                                                                                           representative
                                                                                           samples of each
                                                                                           quarter of operation
                                                                                           during the first year
                                                                                           of waste generation.
                                                                                           The samples must
                                                                                           represent the waste
                                                                                           generated during the
                                                                                           quarter. After the
                                                                                           first year of
                                                                                           analytical sampling
                                                                                           verification sampling
                                                                                           can be performed on a
                                                                                           single annual
                                                                                           composite sample of
                                                                                           the incinerator
                                                                                           offgas treatment
                                                                                           scrubber water. The
                                                                                           results are to be
                                                                                           compared to the
                                                                                           delisting levels in
                                                                                           Condition (1).
                                                                                          (C) Termination of
                                                                                           Testing: (i) After
                                                                                           the first year of
                                                                                           quarterly testing, if
                                                                                           the Delisting Levels
                                                                                           in Paragraph (1) are
                                                                                           being met, OxyVinyls
                                                                                           may then request that
                                                                                           EPA stop requiring
                                                                                           quarterly testing.
                                                                                           After EPA notifies
                                                                                           OxyVinyls in writing,
                                                                                           the company may end
                                                                                           quarterly testing.
                                                                                           (ii) Following
                                                                                           cancellation of the
                                                                                           quarterly testing,
                                                                                           OxyVinyls must
                                                                                           continue to test a
                                                                                           representative sample
                                                                                           for all constituents
                                                                                           listed in Paragraph
                                                                                           (1) annually.
                                                                                          (4) Changes in
                                                                                           Operating Conditions:
                                                                                           If OxyVinyls
                                                                                           significantly changes
                                                                                           the process described
                                                                                           in its petition or
                                                                                           starts any processes
                                                                                           that generate(s) the
                                                                                           waste that may or
                                                                                           could significantly
                                                                                           affect the
                                                                                           composition or type
                                                                                           of waste generated as
                                                                                           established under
                                                                                           Paragraph (1) (by
                                                                                           illustration, but not
                                                                                           limitation, changes
                                                                                           in equipment or
                                                                                           operating conditions
                                                                                           of the treatment
                                                                                           process), it must
                                                                                           notify EPA in
                                                                                           writing; OxyVinyls
                                                                                           may no longer handle
                                                                                           the wastes generated
                                                                                           from the new process
                                                                                           as nonhazardous until
                                                                                           the wastes meet the
                                                                                           delisting levels set
                                                                                           in Paragraph (1) and
                                                                                           it has received
                                                                                           written approval to
                                                                                           do so from EPA.
                                                                                          (5) Data Submittals:
                                                                                           OxyVinyls must submit
                                                                                           the information
                                                                                           described below. If
                                                                                           OxyVinyls fails to
                                                                                           submit the required
                                                                                           data within the
                                                                                           specified time or
                                                                                           maintain the required
                                                                                           records on-site for
                                                                                           the specified time,
                                                                                           EPA, at its
                                                                                           discretion, will
                                                                                           consider this
                                                                                           sufficient basis to
                                                                                           reopen the exclusion
                                                                                           as described in
                                                                                           Paragraph 6.
                                                                                           OxyVinyls must:
                                                                                          (A) Submit the data
                                                                                           obtained through
                                                                                           Paragraph 3 to the
                                                                                           Section Chief, EPA
                                                                                           Region 6 Corrective
                                                                                           Action and Waste
                                                                                           Minimization Section,
                                                                                           1445 Ross Avenue,
                                                                                           Dallas, Texas 75202-
                                                                                           2733, Mail Code, (6PD-
                                                                                           C) within the time
                                                                                           specified.
                                                                                          (B) Compile records of
                                                                                           operating conditions
                                                                                           and analytical data
                                                                                           from Paragraph (3),
                                                                                           summarized, and
                                                                                           maintained on-site
                                                                                           for a minimum of five
                                                                                           years.
                                                                                          (C) Finish these
                                                                                           records and data when
                                                                                           EPA or the State of
                                                                                           Texas request them
                                                                                           for inspection.

[[Page 34579]]

 
                                                                                          (D) Send along with
                                                                                           all data a signed
                                                                                           copy of the following
                                                                                           certification
                                                                                           statement, to attest
                                                                                           to the truth and
                                                                                           accuracy of the data
                                                                                           submitted: Under
                                                                                           civil and criminal
                                                                                           penalty of law for
                                                                                           the making or
                                                                                           submission of false
                                                                                           or fraudulent
                                                                                           statements or
                                                                                           representations
                                                                                           (pursuant to the
                                                                                           applicable provisions
                                                                                           of the Federal Code,
                                                                                           which include, but
                                                                                           may not be limited
                                                                                           to, 18 U.S.C. 1001
                                                                                           and 42 U.S.C. 6928),
                                                                                           I certify that the
                                                                                           information contained
                                                                                           in or accompanying
                                                                                           this document is
                                                                                           true, accurate and
                                                                                           complete. As to the
                                                                                           (those) identified
                                                                                           section(s) of this
                                                                                           document for which I
                                                                                           cannot personally
                                                                                           verify its (their)
                                                                                           truth and accuracy, I
                                                                                           certify as the
                                                                                           company official
                                                                                           having supervisory
                                                                                           responsibility for
                                                                                           the persons who,
                                                                                           acting under my
                                                                                           direct instructions,
                                                                                           made the verification
                                                                                           that this information
                                                                                           is true, accurate and
                                                                                           complete. If any of
                                                                                           this information is
                                                                                           determined by EPA in
                                                                                           its sole discretion
                                                                                           to be false,
                                                                                           inaccurate or
                                                                                           incomplete, and upon
                                                                                           conveyance of this
                                                                                           fact to the company,
                                                                                           I recognize and agree
                                                                                           that this exclusion
                                                                                           of waste will be void
                                                                                           as if its never had
                                                                                           effect or to the
                                                                                           extent directed by
                                                                                           EPA and that the
                                                                                           company will be
                                                                                           liable for any
                                                                                           actions taken in
                                                                                           contravention of the
                                                                                           company's RCRA and
                                                                                           CERCLA obligations
                                                                                           premised upon the
                                                                                           company's reliance on
                                                                                           the void exclusion.
                                                                                          (6) Reopener: (A) If,
                                                                                           anytime after
                                                                                           disposal of the
                                                                                           delisted waste
                                                                                           OxyVinyls possesses
                                                                                           or is otherwise made
                                                                                           aware of any
                                                                                           environmental data
                                                                                           (including but not
                                                                                           limited to leachate
                                                                                           data or groundwater
                                                                                           monitoring data) or
                                                                                           any other data
                                                                                           relevant to the
                                                                                           delisted waste
                                                                                           indicating that any
                                                                                           constituent
                                                                                           identified for the
                                                                                           delisting
                                                                                           verification testing
                                                                                           is at a level higher
                                                                                           than the delisting
                                                                                           level allowed by the
                                                                                           Regional
                                                                                           Administrator or his
                                                                                           delegate in granting
                                                                                           the petition, then
                                                                                           the facility must
                                                                                           report the data, in
                                                                                           writing, to the
                                                                                           Regional
                                                                                           Administrator or his
                                                                                           delegate within 10
                                                                                           days of first
                                                                                           possessing or being
                                                                                           made aware of that
                                                                                           data.
                                                                                          (B) If the annual
                                                                                           testing of the waste
                                                                                           does not meet the
                                                                                           delisting
                                                                                           requirements in
                                                                                           Paragraph 1,
                                                                                           OxyVinyls must report
                                                                                           the data, in writing,
                                                                                           to the Regional
                                                                                           Administrator or his
                                                                                           delegate within 10
                                                                                           days of first
                                                                                           possessing or being
                                                                                           made aware of that
                                                                                           data.
                                                                                          (C) If OxyVinyls fails
                                                                                           to submit the
                                                                                           information described
                                                                                           in paragraphs (5),
                                                                                           (6)(A) or (6)(B) or
                                                                                           if any other
                                                                                           information is
                                                                                           received from any
                                                                                           source, the Regional
                                                                                           Administrator or his
                                                                                           delegate will make a
                                                                                           preliminary
                                                                                           determination as to
                                                                                           whether the reported
                                                                                           information requires
                                                                                           EPA action to protect
                                                                                           human health or the
                                                                                           environment. Further
                                                                                           action may include
                                                                                           suspending, or
                                                                                           revoking the
                                                                                           exclusion, or other
                                                                                           appropriate response
                                                                                           necessary to protect
                                                                                           human health and
                                                                                           environment.
                                                                                          (D) If the Regional
                                                                                           Administrator or his
                                                                                           delegate determines
                                                                                           that the reported
                                                                                           information does
                                                                                           require action by
                                                                                           EPA's Regional
                                                                                           Administrator or his
                                                                                           delegate will notify
                                                                                           the facility in
                                                                                           writing of the
                                                                                           actions the Regional
                                                                                           Administrator or his
                                                                                           delegate believes are
                                                                                           necessary to protect
                                                                                           human health and the
                                                                                           environment. The
                                                                                           notice shall include
                                                                                           a statement of the
                                                                                           proposed action and a
                                                                                           statement providing
                                                                                           the facility with an
                                                                                           opportunity to
                                                                                           present information
                                                                                           as to why the
                                                                                           proposed EPA action
                                                                                           is not necessary. The
                                                                                           facility shall have
                                                                                           10 days from the date
                                                                                           of the Regional
                                                                                           Administrator or his
                                                                                           delegate's notice to
                                                                                           present such
                                                                                           information.
                                                                                          (E) Following the
                                                                                           receipt of
                                                                                           information from the
                                                                                           facility described in
                                                                                           paragraph (6)(D) or
                                                                                           (of no information is
                                                                                           presented under
                                                                                           paragraph (6)(D)) the
                                                                                           initial receipt of
                                                                                           information described
                                                                                           in paragraphs (5),
                                                                                           (6)(A) or (6)(B), the
                                                                                           Regional
                                                                                           Administrator or his
                                                                                           delegate will issue a
                                                                                           final written
                                                                                           determination
                                                                                           describing EPA
                                                                                           actions that are
                                                                                           necessary to protect
                                                                                           human health or the
                                                                                           environment. Any
                                                                                           require action
                                                                                           described in the
                                                                                           Regional
                                                                                           Administrator or his
                                                                                           delegate's
                                                                                           determination shall
                                                                                           become effective
                                                                                           immediately, unless
                                                                                           the Regional
                                                                                           Administrator or his
                                                                                           delegate provides
                                                                                           otherwise.
                                                                                          (7) Notification
                                                                                           Requirements:
                                                                                           OxyVinyls must do the
                                                                                           following before
                                                                                           transporting the
                                                                                           delisted waste.
                                                                                           Failure to provide
                                                                                           this notification
                                                                                           will result in a
                                                                                           violation of the
                                                                                           delisting petition
                                                                                           and a possible
                                                                                           revocation of the
                                                                                           decision.
                                                                                          (A) Provide a one-time
                                                                                           written notification
                                                                                           to any State
                                                                                           Regulatory Agency to
                                                                                           which or through
                                                                                           which it will
                                                                                           transport the
                                                                                           delisted waste
                                                                                           described above for
                                                                                           disposal, 60 days
                                                                                           before beginning such
                                                                                           activities.
                                                                                          (B) Update the one-
                                                                                           time written
                                                                                           notification if it
                                                                                           ships the delisted
                                                                                           waste into a
                                                                                           different disposal
                                                                                           facility.
                                                                                          (C) Failure to provide
                                                                                           this notification
                                                                                           will result in a
                                                                                           violation of the
                                                                                           delisting variance
                                                                                           and a possible
                                                                                           revocation of the
                                                                                           decision.
 

[[Page 34580]]

 
                                                  * * * * * * *
Roanoke Electric Steel Corp................  Roanoke, VA................................  * * * * *
                                                                                          (1) * * *
                                                                                          (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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061, 1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B. 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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051,0060,0061,
                                                                                           1010A, 1020B, 1110A,
                                                                                           1310B, 1311, 1312,
                                                                                           1320, 1330A, 9010C,
                                                                                           9012B, 9040C, 9045D,
                                                                                           9060A, 9070A (uses
                                                                                           EPA Method 1664, Rev.
                                                                                           A), 9071B, and 9095B.
                                                                                           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 for any
                                                                                           employee or
                                                                                           representative of EPA
                                                                                           or the State of
                                                                                           Virginia.
                                                                                          (2) Delistiing 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 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 using
                                                                                           appropriate methods.
                                                                                           As applicable to the
                                                                                           method-defined
                                                                                           parameters of
                                                                                           concern, analyses
                                                                                           requiring the use of
                                                                                           SW-846 methods
                                                                                           incorporated by
                                                                                           reference in 40 CFR
                                                                                           260.11 must be used
                                                                                           without substitution.
                                                                                           As applicable, the SW-
                                                                                           846 methods might
                                                                                           include Methods 0010,
                                                                                           0011, 0020, 0023A,
                                                                                           0030, 0031, 0040,
                                                                                           0050, 0051, 0060,
                                                                                           0061,1010A, 1020B,
                                                                                           1110A, 1310B, 1311,
                                                                                           1312, 1320, 1330A,
                                                                                           9010C, 9012B, 9040C,
                                                                                           9045D, 9060A, 9070A
                                                                                           (uses EPA Method
                                                                                           1664, Rev. A), 9071B,
                                                                                           and 9095B.
                                                                                          (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. * * *

[[Page 34581]]

 
                                                                                          (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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Appendix IX to Part 261 [Amended]

0
21. Appendix IX to part 261 is amended in Table 3 by removing the entry 
for ``Bekaert Corp., Dyersburg, TN''.

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

0
22. The authority citation for part 264 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, 6927, 6928(h), 
and 6974.

Subpart J--Tank Systems

0
23. Section 264.190 is amended by revising paragraph (a) to read as 
follows:


Sec.  264.190  Applicability.

* * * * *
    (a) Tank systems that are used to store or treat hazardous waste 
which contains no free liquids and are situated inside a building with 
an impermeable floor are exempted from the requirements in Sec.  
264.193. To demonstrate the absence or presence of free liquids in the 
stored/treated waste, the following test must be used: Method 9095B 
(Paint Filter Liquids Test) as described in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, as incorporated by reference in Sec.  260.11 of this chapter.
* * * * *

Subpart N--Landfills

0
24. Section 264.314 is amended by revising paragraph (c) to read as 
follows:


Sec.  264.314  Special requirements for bulk and containerized liquids.

* * * * *
    (c) To demonstrate the absence or presence of free liquids in 
either a containerized or a bulk waste, the following test must be 
used: Method 9095B (Paint Filter Liquids Test) as described in ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, as incorporated by reference in Sec.  260.11 of 
this chapter.
* * * * *

Subpart AA--Air Emission Standards for Process Vents

0
25. 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.
* * * * *
    (iv) Total organic mass flow rates shall be determined by the 
following equation:
    (A) For sources utilizing Method 18.
    [GRAPHIC] [TIFF OMITTED] TR14JN05.000
    
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 9060A 
(incorporated by reference under 40 CFR 260.11) of ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, or analyzed for its individual organic constituents.
* * * * *
    (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 direct 
measurement as specified at paragraph (d)(1) of this section.

Subpart BB--Air Emission Standards for Equipment Leaks

0
26. Section 264.1063 is amended by revising paragraph (d)(2) to read as 
follows:


Sec.  264.1063  Test methods and procedures.

* * * * *
    (d) * * *
    (2) Method 9060A (incorporated by reference under 40 CFR 260.11) of 
``Test Methods for Evaluating Solid Waste,''

[[Page 34582]]

EPA Publication SW-846, for computing total organic concentration of 
the sample, or analyzed for its individual organic constituents; or
* * * * *

Subpart EE--Hazardous Waste Munitions and Explosives Storage

0
27. 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)
                                                     phenoxy]-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[beta],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.
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 acids.                        dichlorophenoxy)-

[[Page 34583]]

 
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-
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[al
                                                     pha],9a[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,7,7
                                                     a-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],4
                                                     a[beta],
                                                     5[beta],6a[beta],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]phenyl]-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-

[[Page 34584]]

 
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-
 
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-Nitrosomethylethalamine...  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 footnote 4......  1,1'-Biphenyl,
 PCBs.                                               chloro derivatives
Polychlorinated dibenzo-p-    See footnote 5......  Dibenzo[b,e][1,4]dio
 dioxins; PCDDs.                                     xin, chloro
                                                     derivatives
Polychlorinated               See footnote 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

[[Page 34585]]

 
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.                        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.
\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

0
28. 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 J--Tank Systems

0
29. Section 265.190 is amended by revising paragraph (a) to read as 
follows:


Sec.  265.190  Applicability.

* * * * *
    (a) Tank systems that are used to store or treat hazardous waste 
which contains no free liquids and are situated inside a building with 
an impermeable floor are exempted from the requirements in Sec.  
265.193. To demonstrate the absence or presence of free liquids in the 
stored/treated waste, the following test must be used: Method 9095B 
(Paint Filter Liquids Test) as described in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, as incorporated by reference in Sec.  260.11 of this chapter.
* * * * *

Subpart N--Landfills

0
30. Section 265.314 is amended by revising paragraph (d) to read as 
follows:


Sec.  265.314  Special requirements for bulk and containerized liquids.

* * * * *
    (d) To demonstrate the absence or presence of free liquids in 
either a containerized or a bulk waste, the following test must be 
used: Method 9095B (Paint Filter Liquids Test) as described in ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, as incorporated by reference in Sec.  260.11 of 
this chapter.
* * * * *

[[Page 34586]]

Subpart AA--Air Emission Standards for Process Vents

0
31. 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] TR14JN05.000
    
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 9060A 
(incorporated by reference under Sec.  260.11 of this chapter) of 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846; or analyzed for its individual organic 
constituents.
* * * * *
    (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 direct 
measurement as specified at paragraph (d)(1) of this section.

Subpart BB--Air Emission Standards for Equipment Leaks

0
32. Section 265.1063 is amended by revising paragraph (d)(2) to read as 
follows:


Sec.  265.1063  Test methods and procedures.

* * * * *
    (d) * * *
    (2) Method 9060A (incorporated by reference under Sec.  260.11 of 
this chapter) of ``Test Methods for Evaluating Solid Waste,'' EPA 
Publication SW-846 or analyzed for its individual organic constituents; 
or
* * * * *

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

0
33. 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 
9095B (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.

0
34. 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 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 acceptable sample collection 
and handling procedures for a total volatile organic constituent 
concentration may be found 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 
for the total concentration of volatile organic constituents, or using 
one or more methods when the individual organic compound concentrations 
are identified and summed and the summed waste concentration 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. 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

[[Page 34587]]

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. Other test methods may be used if they meet the requirements in 
paragraph (a)(3)(iii)(A) or (B) of this section and provided 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, is met.
    (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 acceptable sample collection 
and handling procedures for a total volatile organic constituent 
concentration may be found 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 
for the total concentration of volatile organic constituents, or using 
one or more methods when the individual organic compound concentrations 
are identified and summed and the summed waste concentration 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. 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 
chapter, 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. 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. Other test methods may be used if they meet the requirements 
in paragraph (a)(3)(iii)(A) or (B) of this section and provided 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, is met.
    (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.
* * * * *
    (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 acceptable sample collection and handling procedures may be 
found 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

0
35. 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, 6934 and 6937.

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

0
36. 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; and
* * * * *
    (g) * * *
    (2) Sample and analyze the hazardous waste as necessary to document 
that the waste contains economically significant

[[Page 34588]]

amounts of the metals and that the treatment recovers economically 
significant amounts of precious metal; and
* * * * *

0
37. Section 266.102 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  266.102  Permit standards for burners.

* * * * *
    (b) * * * (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. 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.
* * * * *

0
38. 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.
* * * * *

0
39. 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. 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) * * * (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, 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), 
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 this 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.

* * * * *

0
40. Appendix IX of part 266 is amended to:
0
a. Revise sections 1.0 and 3.0,
0
b. Revise the first paragraph of section 4.0,
0
c. Revise paragraph (2) of section 10.3,
0
d. Revise the introductory text of the fifth bullet of paragraph (1) of 
section 10.5,
0
e. Revise the third dash text under the second bullet of paragraph (2) 
of section 10.5,
0
f. Revise the third and the introductory text of the fifth bullet of 
paragraph (5) of section 10.5,
0
g. Revise the introductory text of the fourth bullet of paragraph (1) 
of section 10.6,
0
h. Revise the third and the introductory text of the fourth bullet of 
paragraph (5) of section 10.6.
    The revisions read as follows:

Appendix IX to Part 266--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.

[[Page 34589]]

    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. For the 
determination of carbonyl compounds by high-performance liquid 
chromatography, you must use appropriate methods. 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 whichever is the most 
recent version between of SW-846 Method 0023A (incorporated by 
reference, in Sec.  260.11) as identified, or OAQPS Method 23 of 
appendix A to part 60. In this method, individual congeners or 
homologues \1\ 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.
* * * * *
    \1\ The term ``congener'' refers to any one particular member of 
the same chemical family; e.g., there are 75 congeners of 
chlorinated dibenzo-p-dioxins. The term ``homologue'' refers to a 
group of structurally related chemicals that have the same degree of 
chlorination. For example, there are eight homologues of CDs, 
monochlorinated through octachlorinated. Dibenzo-p-dioxins and 
dibenzofurans that are chlorinated at the 2,3,7, and 8 positions are 
denoted as ``2378'' congeners, except when 2,3,7,8-TCDD is uniquely 
referred to: e.g., 1,2,3,7,8-PeCDF and 2,3,4,7,8-PeCDF are both 
referred to as ``2378-PeCDFs.''
* * * * *

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.
* * * * *
    10.5 Implementation Procedures
* * * * *
    (1) * * *
     Follow appropriate guidelines for preparing test plans 
and waste analysis plans for the following tests:
* * * * *
    (2) * * *
--Follow appropriate sampling and analytical procedures such as 
those described in the waste analysis plan as they pertain to the 
condition and accessibility of the dust.
* * * * *
    (5) * * *
     Follow the sampling, compositing, and analytical 
procedures described in this method and in other appropriate 
methods, as they pertain to the condition and accessibility of the 
kiln dust. * * *
     Samples must be collected at least once every 8 hours, 
and a daily composite must be prepared according to appropriate 
procedures.
* * * * *
    10.6 Precompliance Procedures
* * * * *
    (1) * * *
     Follow appropriate procedures for preparing waste 
analysis plans for the following tasks:
* * * * *
    (5) * * *
     Follow the sampling, compositing, and analytical 
procedures described in this method and in other appropriate methods 
as they pertain to the condition and accessibility of the kiln dust.
     Samples must be collected at least once every 8 hours, 
and a daily composite must be prepared according to appropriate 
procedures.
* * * * *

PART 268--LAND DISPOSAL RESTRICTIONS

0
41. The authority citation for part 268 continues to read as follows:

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

Subpart D--Treatment Standards

0
42. Section 268.40 is amended by revising paragraph (b) and footnote 7 
of the table ``Treatment Standards for Hazardous Wastes'' to read as 
follows:


Sec.  268.40  Applicability of treatment standards.

* * * * *
    (b) For wastewaters, compliance with concentration level standards 
is based on maximums for any one day, except for D004 through D011 
wastes for which the previously promulgated treatment standards based 
on grab samples remain in effect. For all nonwastewaters, compliance 
with concentration level standards is based on grab sampling. For 
wastes covered by the waste extract standards, the test Method 1311, 
the Toxicity Characteristic Leaching Procedure found in ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, as incorporated by reference in Sec.  260.11, must 
be used to measure compliance. An exception is made for D004 and D008, 
for which either of two test methods may be used: Method 1311, or 
Method 1310B, the Extraction Procedure Toxicity Test. For wastes 
covered by a technology standard, the wastes may be land disposed after 
being treated using that specified technology or an equivalent 
treatment technology approved by the Administrator under the procedures 
set forth in Sec.  268.42(b).
* * * * *

Treatment Standards for Hazardous Wastes

* * * * *
    \7\ Both Cyanides (Total) and Cyanides (Amenable) for 
nonwastewaters are to be analyzed using Method 9010C or 9012B, found 
in ``Test Methods' for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication SW-846, as incorporated by reference in 
40 CFR 260.11, with a sample size of 10 grams and a distillation 
time of one hour and 15 minutes.
* * * * *

0
43. Section 268.44 is amended by revising footnote 4 of the table 
``Wastes Excluded From the Treatment Standards Under Sec.  268.40'' to 
read as follows:


Sec.  268.44  Variance from a treatment standard.

* * * * *

Table--Wastes Excluded From the Treatment Standards Under Sec.  268.40

* * * * *

    (\4\)--Cyanide nonwastewaters are analyzed using SW-846 Method 
9010C or 9012B, as incorporated by reference in Sec.  260.11 of this

[[Page 34590]]

chapter, sample size 10 grams, distillation time, 1 hour and 15 
minutes.
* * * * *

0
44. Section 268.48 is amended by revising footnote 4 of the table 
``Universal Treatment Standards'' to read as follows:


Sec.  268.48  Universal treatment standards.

* * * * *

Universal Treatment Standards

* * * * *
    4 Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters 
are to be analyzed using Method 9010C or 9012B, found in ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, as incorporated by reference in 40 CFR 260.11, with 
a sample size of 10 grams and a distillation time of one hour and 15 
minutes.
* * * * *

0
45. Appendix IX to part 268 is revised as follows:

Appendix IX to Part 268--Extraction Procedure (EP) Toxicity Test Method 
and Structural Integrity Test (Method 1310B)

    Note: The EP (Method 1310B) is published in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, as incorporated by reference in Sec.  260.11 of this 
chapter.

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

0
46. 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

0
47. 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.
    (iv) An approximate quantification of the hazardous constituents 
identified in the waste, within the precision produced by appropriate 
analytical methods.
* * * * *

0
48. 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 waste.

* * * * *
    (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.
* * * * *

Subpart F--Special Forms of Permits

0
49. 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.
    (D) An approximate quantification of the hazardous constituents 
identified in the waste, within the precision produced by appropriate 
analytical methods.
* * * * *

0
50. 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.
    (ii) An approximate quantification of the hazardous constituents 
identified in the hazardous waste, within the precision produced by 
appropriate analytical methods.
* * * * *

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

0
51. The authority citation for part 271 continues to read as follows:

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


0
52. Section 271.1(j) is amended by adding the following entries 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) * * *

               Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                                                   Federal Register
         Promulgation date              Title of regulation           reference              Effective date
----------------------------------------------------------------------------------------------------------------
 

[[Page 34591]]

 
                                                  * * * * * * *
July 14, 2005.....................  Process Vent and Equipment  [Insert FR page        July 14, 2005.
                                     Leak Organic Air Emission   citation of
                                     Standards for Owners and    publication date].
                                     of Operators of Hazardous
                                     Waste Treatment, Storage,
                                     and Disposal Facilities.
July 14, 2005.....................  Burning of Hazardous Waste  [Insert FR page        July 14, 2005.
                                     in Boilers and Industrial   citation of
                                     Furnaces.                   publication date].
July 14, 2005.....................  Air Emission Standards      [Insert FR page        July 14, 2005.
                                     Tanks, Surface              citation of
                                     Impoundments, Containers.   publication date].
----------------------------------------------------------------------------------------------------------------

* * * * *

0
53. Section 271.21 is amended by adding the following entries 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        July 14, 2005.............  [Insert FR page citation of publication
 Monitoring Activities, Methods                                       date].
 Innovation Rule.
Process Vent and Equipment Leak Organic  July 14, 2005.............  [Insert FR page citation of publication
 Air Emission Standards for Owners and                                date].
 Operators of Hazardous Waste
 Treatment, Storage, and Disposal
 Facilities.
Burning of hazardous waste in boilers    July 14, 2005.............  [Insert FR page citation of publication
 and industrial furnaces.                                             date].
Air Emissions Standards for Tanks,       July 14, 2005.............  [Insert FR page citation of publication
 Surface Impoundments, and Containers.                                date].
----------------------------------------------------------------------------------------------------------------

PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL

0
54. 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

0
55. 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 showing 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

0
56. 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 showing 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

0
57. 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 showing 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

0
58. Section 279.63 is amended by revising paragraph (c) introductory 
text to read as follows:

[[Page 34592]]

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 showing that the used oil does not contain significant 
concentrations of halogenated hazardous constituents listed in appendix 
VIII of part 261 of this chapter).
* * * * *

[FR Doc. 05-10197 Filed 6-13-05; 8:45 am]
BILLING CODE 6560-50-P