15566 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations

ENVIRONMENTAL PROTECTION Sections 148.18(b) and 268.39(c), Outline AGENCY which are effective on January 8, 1997; I. Background and A. Summary of the Statutory Requirements 40 CFR Parts 148, 268, 271, and 403 Sections 148.1 (a), (b), and (d), 148.3, of the 1984 Hazardous and Solid Waste 148.4, 148.18 (c) and (d), 148.20(a), Amendments, and Requirements of the RIN 2050±AD38 268.1(e), 268.2 (k) and (l), 268.3 (a) and 1993 Consent Decree with the [EPA # 530±Z±96±002; FRL±5438±3] (b), 268.9 (d), (e), (f), and (g), 268.39 (d) Environmental Defense Fund and (e), 268.44(a), and 403.5 (c) and (d), B. Treatment Standards for Hazardous Land Disposal Restrictions Phase IIIÐ which are effective on April 8, 1998. Wastes That Exhibit a Characteristic— Decharacterized Wastewaters, The D.C. Circuit’s Opinion in Chemical ADDRESSES: Supporting materials are Waste Management v. EPA Carbamate Wastes, and Spent available for viewing in the RCRA Potliners II. Miscellaneous Issues for Which EPA is information Center (RIC), located at Not Finalizing an Approach in This AGENCY: Environmental Protection Crystal Gateway One, 1235 Jefferson Final Rule Agency (EPA). Davis Highway, First Floor, Arlington, A. Treatment Standards for Organobromine VA. The Docket Identification Number Wastes ACTION: Final rule. is F–96–PH3F–FFFFF. The RCRA B. Potential Prohibition of Nonamenable SUMMARY: EPA is promulgating Docket is open from 9 a.m. to 4 p.m. Wastes From Land-Based Biological treatment standards for hazardous Monday through Friday, except for Treatment Systems Federal holidays. The public must make C. Certain Sections of Completing wastes from the production of Universal Treatment Standards an appointment to review docket carbamate pesticides and from primary D. Prohibition of Hazardous Waste as Fill aluminum production under its Land materials by calling (703) 603–9230. The Material Disposal Restrictions (LDR) program. public may copy a maximum of 100 E. Point of Generation The purpose of the LDR program, pages from any regulatory document at F. Prohibition on Using Iron Filings to authorized by the Resource no cost. Additional copies cost $0.15 Stabilize Spent Foundry Sand Conservation and Recovery Act (RCRA), per page. III. End-of-Pipe Equivalence: Treatment is to minimize short- and long-term FOR FURTHER INFORMATION CONTACT: For Standards for Clean Water Act (CWA) threats to human health and the general information on the LDR and CWA-Equivalent Wastewater environment due to land disposal of program, contact the RCRA Hotline at Treatment Systems hazardous wastes. 800–424–9346 (toll-free) or 703–412– A. Types of Facilities to Which Treatment Standards Apply The Agency is also amending the 9810 locally. For general information on B. End-of-Pipe Treatment Standards treatment standards for hazardous today’s rule, contact Peggy Vyas in the C. Why CWA Limitations and Standards wastes that exhibit the characteristic of Office of Solid Waste, phone 703–308– Can Also Be RCRA Treatment Standards reactivity. The rule also begins the 8594. D. When CWA Limitations and Standards process of amending existing treatment Become the RCRA Standards SUPPLEMENTARY INFORMATION: standards for wastewaters which are 1. Direct Dischargers hazardous because they display the Glossary of Acronyms 2. Indirect Dischargers characteristic of ignitability, corrosivity, BAT—Best Available Technology 3. Zero Dischargers Performing CWA- reactivity, or toxicity. These wastes are BDAT—Best Demonstrated Available Equivalent Treatment sometimes treated in lagoons whose Technology E. Implementation ultimate discharge is regulated under BIFs—Boilers and Industrial Furnaces 1. Where Permits Contain Standards for the Clean Water Act, and sometimes CAA—Clean Air Act Hazardous Constituents CWA—Clean Water Act 2. Where Permits Do Not Contain a injected into deepwells which are EP—Extraction Procedure Limitation for a Hazardous Constituent regulated under the Safe Drinking Water HON—Hazardous Organic NESHAPs 3. Indirect Dischargers Act. Prior to today’s rule, the treatment HSWA—Hazardous and Solid Waste 4. Zero Dischargers Performing CWA- standard for these wastes required only Amendments Equivalent Treatment removal of the characteristic property. HWIR—Hazardous Waste Identification Rule 5. Implementation When CWA Standards Today’s revised treatment standards ICR—ignitable, corrosive, and reactive and Limitations Will Not be the require treatment, not only to remove wastes, or, Information Collection Request Exclusive Standard (in section IX.D.) 6. RCRA Controls Over Point Source the characteristic, but also to treat any ICRT—ignitable, corrosive, reactive, and TC underlying hazardous constituents Discharges and Domestic Sewage? wastes 7. Applicability to the Pulp and Paper which may be present in the wastes. LDR—Land Disposal Restrictions Industry Therefore, these revised treatment NESHAPs—National Emission Standards for IV. Treatment Standards for Class I Hazardous Air Pollutants standards will minimize threats from Nonhazardous Injection Wells and NPDES—National Pollutant Discharge exposure to hazardous constituents Response to Comments which may potentially migrate from Elimination System POTW—Publicly-Owned Treatment Works A. Introduction these lagoons or wells. B. Compliance Options for Class I Finally, EPA is codifying as a rule its PSES—Pretreatment Standards for Existing Sources Nonhazardous Wells existing Enforcement Policy that PSNS—Pretreatment Standards for New C. Pollution Prevention Compliance combustion of inorganic wastes is an Sources Option impermissible form of treatment RCRA—Resource Conservation and Recovery D. De Minimis Volume Exemption because hazardous constituents are Act V. Treatment Standards for Newly Listed being diluted rather than effectively RIA—Regulatory Impact Analysis Wastes treated. SDWA—Safe Drinking Water Act A. Carbamates TC—toxicity characteristic B. Spent Aluminum Potliners (K088) EFFECTIVE DATE: This final rule is TCLP—Toxicity Characteristic Leaching 1. Comments Received on the ‘‘Inherently effective on April 8, 1996, except: Procedure Waste-Like’’ Determination Sections 148.18(a), 268.39(a), (b), and TRI—Toxic Release Inventory 2. Comments Received on Regulated (f), which are effective on July 1, 1996; UIC—Underground Injection Control Constituents and UTS—Universal Treatment Standards 3. Comments Received on Data Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15567

4. Comments Received on Technical Basis disposal, or dispose of the waste in a amendments (RCRA sections 3004 (d), for BDAT land disposal unit that has been found (e), and (g)(5)), a task EPA completed VI. Improvements to the Existing Land to satisfy the statutory no migration test. within the statutory timeframe. EPA was Disposal Restrictions Program A no migration unit is one from which also required to promulgate prohibitions A. Completion of Universal Treatment Standards there will be no migration of hazardous and treatment standards for wastes 1. Addition of Constituents to Table 268.48 constituents for as long as the waste identified or listed as hazardous after 2. Wastewater Standard for 1,4–Dioxane remains hazardous. RCRA sections 3004 the date of the 1984 amendments within 3. Revision to the Acetonitrile Standard (d), (e), (f), (g)(5). six months after the listing or B. Aggressive Biological Treatment as The amendments also require the identification takes effect (RCRA section BDAT for Petroleum Refinery Wastes Agency to set levels or methods of 3004(g)(4)). C. Dilution Prohibition treatment, if any, which substantially The Agency did not meet this latter 1. Inorganic Metal-Bearing Wastes diminish the toxicity of the waste or statutory deadline for all of the wastes 2. Inorganic Metal-bearing Wastes Not substantially reduce the likelihood of identified or listed after the 1984 Prohibited Under the LDR Dilution Prohibition migration of hazardous constituents amendments. As a result, a suit was 3. Cyanide-Bearing Wastes from the waste so that short term and filed by the Environmental Defense 4. Table of Inorganic Metal Bearing Wastes long term threats to human health and Fund (EDF). EPA and EDF signed a D. Expansion of Treatment Options That the environment are minimized. RCRA consent decree that establishes a Will Meet the LDR Treatment Standard section 3004(m)(1). To date, the Agency schedule for adopting prohibitions and ‘‘CMBST’’ has implemented this provision by treatment standards for newly identified E. Clean Up of 40 CFR Part 268 establishing treatment standards for and listed wastes. (EDF v. Reilly, Cir. 1. Section 268.8 chemical constituents in hazardous No. 89–0598, D.D.C.). EPA also entered 2. Sections 268.10–268.12 3. Section 268.2(f) wastes based on the performance of the into a settlement agreement with the 4. Corrections to Proposed Rule Languages best demonstrated available technology environmental petitioners in Chemical VII. Capacity Determinations (BDAT) to treat the waste. EPA may Waste Management v. EPA, 976 F.2d 2 A. Introduction establish treatment standards as (D.C. Cir. 1992), cert. denied 113 S. Ct. B. Capacity Analysis Results Summary specified technologies, as constituent 1961 (1993) regarding the procedural VIII. State Authority concentration levels in treatment effect of the mandate entered in that A. Applicability of Rules in Authorized residuals, or both. When treatment case. This settlement calls for EPA to States standards are set as levels, the regulated take action to implement the portions of B. Abbreviated Authorization Procedures community may use any technology not the opinion dealing with centralized for Specified Portions of Today’s Rule C. Effect on State Authorization otherwise prohibited (such as management of wastewaters that IX. Regulatory Requirements impermissible dilution) to treat the initially exhibit a hazardous waste A. Regulatory Impact Analysis Pursuant to waste. characteristic within specified Executive Order 12866 It should be noted that the Agency has timeframes. 1. Methodology Section proposed risk-based exit levels—levels Today’s rule fulfills several provisions a. Methodology for Estimating the Affected at which wastes are no longer of the settlement agreement and Universe considered hazardous for purposes of proposed consent decree. First, the rule b. Cost Methodology RCRA subtitle C—for the majority of amends the treatment standards for c. Economic Impact Methodology hazardous constituents found in listed initially characteristic wastewaters d. Benefits Methodology 2. Results hazardous wastes in the Hazardous managed in centralized wastewater a. Volume Results Waste Identification Rule (HWIR) (60 FR management systems containing land b. Cost Results 66344, December 21, 1995). Wastes disposal units. Three specific fact c. Economic Impact Results meeting these levels either before or patterns are covered by the rule: (1) d. Benefit Estimate Results after treatment consequently could be Where the wastewaters are ultimately B. Regulatory Impact Analysis for disposed in units not subject to RCRA discharged and are subject to limitations Underground Injected Wastes hazardous waste management or standards established under the C. Regulatory Flexibility Analysis requirements (e.g., landfills without Clean Water Act (CWA) and the D. Paperwork Reduction Act subtitle C permits). A consent decree treatment system preceding discharge X. Unfunded Mandates Reform Act approved by the U.S. District Court for includes a surface impoundment; (2) I. Background the District of Columbia requires EPA to where a facility with initially finalize the HWIR exit levels by characteristic wastes treats those wastes A. Summary of the Statutory December 15, 1996. In the same notice, with CWA-equivalent treatment but Requirements of the 1984 Hazardous the Agency proposed to allow the exit ultimately uses a form of land disposal and Solid Waste Amendments, and levels for some constituents to serve as (such as spray irrigation) that is not Requirements of the 1993 Consent alternative, risk-based LDR treatment regulated under the CWA as the final Decree With the Environmental Defense standards satisfying the ‘‘minimize means of disposing of the treated Fund threat’’ standard of section 3004(m). wastewaters; and (3) the initially The Hazardous and Solid Waste Where these risk-based levels are higher characteristic wastes are injected into Amendments (HSWA) to the Resource (less restrictive) than current BDAT Class 1 non-hazardous deep wells Conservation and Recovery Act (RCRA), treatment standards, they will subject to regulation under the Safe enacted on November 8, 1984, largely effectively supersede the BDAT Drinking Water Act (SDWA). In all prohibit the land disposal of untreated requirements. See Hazardous Waste cases, the wastewaters no longer exhibit hazardous wastes that do not meet Treatment Council v. EPA, 886 F.2d a characteristic at the point of land treatment standards established by EPA 355, 362–63 (D.C. Cir. 1989). disposal. The amended treatment under section 3004(m). Once a EPA was required to promulgate land standards require treatment that hazardous waste is prohibited, the disposal prohibitions and treatment destroys, immobilizes, or removes the statute provides only two options for standards by May 8, 1990 for all wastes hazardous constituents present in the legal land disposal: meet the treatment that were either listed or identified as initially characteristic wastewaters standard for the waste prior to land hazardous at the time of the 1984 (referred to as ‘‘underlying hazardous 15568 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations constituents’’ because these constituents B. Treatment Standards for Hazardous The Agency is also addressing the are not typically the reason the waste is Wastes That Exhibit a Characteristic— issue of equivalent treatment by Clean classified as hazardous). Treatment of The D.C. Circuit’s Opinion in Chemical Water Act treatment systems managing the underlying hazardous constituents Waste Management v. EPA de-characterized wastes in is nevertheless required in order to impoundments by promulgating minimize the long-term threats land In Chemical Waste Management v. treatment standards and related disposal of these wastes can cause. 976 EPA, 976 F.2d 2 (D.C. Cir. 1992) cert. requirements that would be used to F.2d at 16–17. denied 113 S. Ct. 1961 (1993), the court measure this so-called end-of-pipe EPA is fulfilling provisions of the made a number of far-reaching rulings equivalence. Finally, EPA is consent decree by promulgating pertaining to treatment standards for implementing the court’s mandate with prohibitions and treatment standards for hazardous wastes that are hazardous respect to Class I nonhazardous two ‘‘newly listed wastes’’ wastes from because they exhibit a characteristic. injection wells by requiring treatment of production of carbamate pesticides, and First, the court held that land disposal underlying hazardous constituents in spent aluminum potliners from primary restriction requirements can continue to ignitable, and corrosive characteristic aluminum production. apply to characteristic hazardous wastes wastes being injected into such wells, That being said, the risks addressed even after they no longer exhibit a and prohibiting dilution as a means of by the portion of the rule dealing with characteristic. 976 F.2d at 12–14. achieving those standards. centralized wastewater management, Second, to satisfy the requirement in Responses to the comments on EPA’s particularly UIC wells, are very small RCRA section 3004(m) that treatment reading of the court’s opinion are found relative to the risks presented by other address both short-term and long-term in the Response to Comment environmental conditions or situations. threats posed by a waste’s land disposal, Background Document which is part of In a time of limited resources, common it is not enough that characteristic the administrative record for this rule. sense dictates that we deal with higher hazardous wastes be treated to remove In general, however, the Agency adheres risk activities first, a principle on which the short-term property (viz. ignitability, to the reading set out in the proposed EPA, members of the regulated corrosivity, or reactivity) that makes rule’s preamble at 60 FR 11706–11708. community, and the public can all them hazardous. Long-term threats, in EPA is also amending the treatment agree. For this reason, the the form of toxic underlying hazardous standards for reactive wastes (other than Administration is supporting HR 2036, constituents, also must be addressed. reactive sulfide and cyanide reactive legislation which passed the House of 976 F.2d at 16–17. Third (as EPA reads wastes) so that treatment addresses both Representatives, that would remove the the opinion), the court held that the property of reactivity and the threat mandate to automatically apply LDR dilution was ordinarily not a posed by disposal of underlying treatment standards to decharacterized permissible means of treating hazardous hazardous constituents in these wastes wastes managed in centralized constituents. Such constituents (with an exception for ordnance and wastewater management situations generally must be destroyed, other explosives which are the subject regulated by the CWA or the SDWA. If immobilized, or removed from the waste of an emergency response, as explained this legislation passes in its current to satisfy the requirements of section in the next paragraph). The Agency is form, it would affect the regulations 3004(m), specifically, the requirement taking this action despite the fact that discussed in sections III., IV., and VI.B. that long-term threats be minimized. the court found reactive wastes did not of the preamble. It would not affect the 976 F.2d at 23, 25 and n. 8; 60 FR at contain sufficient concentrations of other sections of the preamble and rule. 11706–11708 (March 2, 1995). Fourth, hazardous constituents to require any The sections of preamble and rule that centralized wastewater management treatment beyond that of removing the are affected by the legislation have been systems whose discharge is ultimately characteristic. The Agency believes that granted 2-year national capacity regulated under the Clean Water Act, it is as likely that reactive wastes contain underlying hazardous variance (see §§ 148.18 (c) and (d) and and which dilute characteristic 268.39 (c) and (d)). The sections of constituents at levels that may create a hazardous wastes before treatment in preamble and rule not affected by the threat as do ignitable and corrosive surface impoundments, may continue to legislation have more immediate wastes, and consequently, proposed to do so provided the wastewater effective dates. If the legislation does regulate reactive wastes in the Phase III treatment system destroys, immobilizes, pass into law, the Agency could issue an proposal. Commenters submitted no or removes the same volume of immediately effective final rule data suggesting that reactive wastes do hazardous constituents as would be remanding the affected portions. not contain the same types and removed, immobilized, or destroyed if Nevertheless, the Agency is presently concentrations of underlying hazardous the wastes were treated separately. 976 required to set treatment standards for constituents. Therefore, EPA is these relatively low risk wastes and F.2d at 22–24. In other words, promulgating treatment standards for disposal practices, although there are notwithstanding that these wastes are reactive wastes (other than reactive other actions and projects with which disposed in impoundments without sulfides and cyanides) in this rule that the Agency could provide greater being fully treated, the practice is require treatment of all underlying protection of human health and the permissible provided equivalent hazardous constituents reasonably environment. At the same time, treatment occurs before the waste is expected to be present in the reactive however, EPA has sought to exercise the ultimately discharged. Fifth, this option wastes at the point of generation. full extent of its authority under current of demonstrating equivalent treatment EPA is, however, temporarily law to implement these mandates with across a treatment system is not deferring application of these amended significantly lower cost while ensuring available for Class I nonhazardous deep LDR treatment standards for reactive protectiveness, such as giving credit for well injection systems because such wastes with respect to unexploded up-stream reductions in hazardous units are permanent disposal rather than ordnance and other explosive devices constituents, and crafting limited treatment units. 976 F.2d at 24–6. which are the subject of an emergency exemptions for wastewaters containing These portions of the opinion are response. An emergency response is an de minimis amounts of hazardous addressed in various sections of today’s action taken to prevent imminent risk of constituents. rule. explosion. (See 40 CFR 264.1(g)(8) Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15569 setting out circumstances where such such constituents are present at levels Commenters were opposed to this, responses are exempt from RCRA exceeding the minimize threat level (as stating that it would be arbitrary to add permitting requirements.) During the established either by the current a standard to a waste code where before development of the proposed Military technology-based standards or, if risk- there was none without supporting data. Munitions Rule: Hazardous Waste based levels are established, exceeding The Agency again agrees. Therefore, Identification and Management; a risk-based level.) Thus, the EPA is not taking final action at this Explosives Emergencies; Redefinition of prohibitions and standards in today’s time. On-site proposed rule (60 FR 56468, rule will apply to ignitable, corrosive, D. Prohibition of Hazardous Waste as November 8, 1995), the Department of reactive and toxic characteristic wastes, Fill Material Defense, the military services, and other as just discussed. Federal agencies raised concerns that EPA proposed to prohibit use of LDR requirements requiring treatment of II. Miscellaneous Issues for Which EPA hazardous waste as fill material. 60 FR underlying hazardous constituents Is Not Finalizing an Approach in This at 11732. Because issues raised in the might impede the most effective Final Rule proposal are related to those in a emergency responses involving these A. Treatment Standards for number of other pending rulemakings, materials. If a responding team had to Organobromine Wastes including the Hazardous Waste determine LDR applicability before Identification Rule, and the proposed deactivating an explosive subject to an Organobromine wastes are not yet rule relating to land-based uses of emergency response, the response could listed as hazardous. EPA anticipates hazardous waste K061 (59 FR 67256 be significantly delayed or complicated. making a final listing determination in (Dec. 29, 1994)), EPA is not taking final Furthermore, concern about LDR a future rulemaking. action on the proposal at this time. Although EPA proposed treatment applicability might discourage the team E. Point of Generation from responding at all. This discussion standards for organobromine wastes, it serves as EPA’s initial response to these clearly would be putting the cart before The Agency discussed possible comments. the horse to promulgate treatment changes that could be made to the EPA agrees that the primary goal in standards in advance of a determination ‘‘point of generation’’—or point at emergency responses to explosives is of whether the wastes are hazardous. which LDR requirements attach to a the safe and prompt elimination of The Agency intends to establish hazardous waste (see 60 FR 11717, immediate threats to human life and treatment standards for organobromine March 2, 1995). The Agency is still property, and the Agency would be wastes should these wastes are listed in considering the options discussed in the concerned if LDR or other regulatory the future. proposal and potentially other options not discussed. The Agency will reopen requirements complicated these B. Potential Prohibition of Nonamenable responses. The issue is too important the point of generation issue for further Wastes From Land-Based Biological comment, and is intending to finalize an and potentially complicated to resolve Treatment Systems in today’s rule. Therefore, EPA is option in a future rulemaking. The proposed rule contained an temporarily deferring final action while F. Prohibition on Using Iron Filings to extensive discussion of whether certain it considers this issue further. Stabilize Spent Foundry Sand In deferring action for this limited wastes should be prohibited from class of reactive wastes, EPA notes that placement in biological treatment The Agency proposed designating the emergency responses present issues surface impoundments because they are practice of adding iron dust/filings to different from routine management of not amenable to biological treatment. To spent foundry sand as impermissible reactive wastes, where there is no allow more time to gather comments, dilution (60 FR 11731, March 2, 1995). competing consideration of need for the Agency has decided to address this The Agency is gathering data on the immediate action to prevent an issue in the LDR Phase IV rule, which stability of the chemical bond formed imminent threat. In non-emergency was proposed on August 22, 1995 (60 between the iron and lead in the spent response management situations, as FR 43654) and is scheduled to be foundry sand. After the Agency analyzes discussed earlier, the Agency believes finalized in June of 1996. these data, as well as further studies the these wastes can be fully treated to public comments on this issue, it may C. Certain Sections of Completing take final action on the proposal. minimize both short and long-term Universal Treatment Standards threats posed by land disposal of III. End-of-Pipe Equivalence: Treatment wastes.1 EPA also is amending the The LDR Phase III proposed rule Standards for Clean Water Act (CWA) treatment standards for wastes included a section on the completion of and CWA-Equivalent Wastewater exhibiting the toxicity characteristic to universal treatment standards (60 FR at Treatment Systems include standards for underlying 11727, March 2, 1995). Possible hazardous constituents. nonwastewater universal treatment A. Types of Facilities to Which Toxic wastes can also contain standards (UTS) for eleven constituents Treatment Standards Apply underlying hazardous constituents in were discussed in the proposal, and As explained above, the D.C. Circuit the same potentially harmful comments and data were solicited. In established a standard of so-called end- concentrations as ICR wastes. 60 FR at general, commenters felt more data of-pipe equivalence, allowing CWA 11706. Today’s final rule consequently should be gathered before EPA proposes treatment systems with surface conforms standards for toxic nonwastewater standards for these impoundments to dilute characteristic characteristic hazardous wastes to constituents, and EPA agrees. EPA had wastes before land disposal in those assure treatment of underlying also solicited comment and data on impoundments without violating LDR hazardous constituents as well, when extending certain universal treatment requirements, provided the treatment standards to fill gaps in the § 268.40 system destroys, immobilizes, or 1 EPA also notes that it is not reopening the issue table of universal treatment standards removes an equivalent amount of of open burning/open detonation of reactive wastes. where ‘‘NA’’ appeared for either the hazardous constituent as if the In 1986, EPA determined that such activities are not a form of land disposal. See 51 FR at 40580 (Nov. wastewater or nonwastewater form of a characteristic waste were treated 7, 1986). regulated hazardous constituent. separately to meet RCRA standards. EPA 15570 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations is establishing in this rule the treatment wastewater system, stormwater discharged to a navigable water or a standards that must be satisfied in order impoundments also receive process POTW. For CWA-equivalent facilities, to demonstrate that equivalent treatment water containing decharacterized the treatment standards must be met at is occurring. wastes. the point where the wastewater is These treatment standards apply to The Agency agrees with commenters sprayed onto the land in irrigation (or the following types of facilities: (1) who stated that stormwater similar) activities, or injected into a facilities treating formerly characteristic impoundments are necessary to non-Class I injection well. This accords wastes in surface impoundments whose maintain the efficacy of biological with the equivalence standard ultimate discharge is subject to treatment units. In addition, such established by the court: ‘‘hazardous regulation under either section 402 or impoundments are empty most of the constituents are [to be] removed from 307 of the CWA. The rule thus time because they are designed for the waste before it enters the encompasses both direct dischargers emergency rain events. In the Third environment.’’ 976 F. 2d at 24; see also (facilities discharging to navigable Third opinion, the court focused on id. at 23 and n. 8. Most commenters waters) and indirect dischargers (those wastewater treatment surface likewise agreed with an end-of-pipe discharging to POTWs); and, (2) impoundments. It seems likely that measuring point. Indeed, requiring full permitted and unpermitted zero stormwater impoundments were outside treatment before ultimate discharge dischargers engaging in treatment that is the court’s consideration. Furthermore, could destroy the very accommodation equivalent to that of the CWA-regulated imposing treatment standards on such with the CWA regime that the court facilities (see 40 CFR 268.37(a) defining impoundments could require treatment thought critical. See 60 FR at 13677 CWA-equivalent treatment), including of the stormwater/decharacterized waste (Aug. 22, 1995). facilities treating formerly characteristic before it could permissibly go into the However, EPA also agrees with wastes in tanks prior to release on the impoundment, not a practical commenters that there is no reason to land for such purposes as irrigation or alternative during a major storm event. impede individual facilities from land treatment. Alternatively, imposing LDR treatment choosing an alternative point of EPA also wishes to make clear the standards might require the facility to compliance (i.e. other than end-of-pipe) types of wastewater management replace its combined wastewater provided the facility can demonstrate situations to which these standards do system, which would be a major that the prohibited waste (the not apply. First, the standards do not disruption to most of these facilities and decharacterized portion of the combined apply to facilities that discharge to hardly seems justified when stormwater effluent) has been treated by means navigable waters or POTWs and that impoundments are used only on an other than dilution to remove an manage decharacterized wastes in emergency basis. These are the very equivalent mass of hazardous treatment systems without surface types of disruptions that the integration constituents. This is specifically impoundments. Consequently, if a clause in RCRA 1006(b) is intended to consistent with the principle announced facility generates a characteristic waste, prevent. Consequently, EPA is in the Administration’s report on dilutes it so that it no longer exhibits a indicating that today’s rule does not ‘‘Reinventing Environmental characteristic, and then treats the waste apply to stormwater impoundments. Regulation’’ to ‘‘provid[e] maximum in tanks before ultimate discharge to a flexibility in the means of achieving our B. End-of-Pipe Treatment Standards navigable water or a POTW, this rule environmental goals, but requiring does not apply. There is no land The treatment standards that EPA is accountability for the results’’. disposal of a prohibited waste occurring promulgating for characteristic Consequently, the Agency is allowing a and consequently no RCRA requirement wastewaters are found in the table of facility to designate any compliance that the characteristic waste be LDR treatment standards at 40 CFR point downstream of treatment that pretreated. Applicable CWA limitations 268.40 and 268.48. As explained more destroys, immobilizes, or removes and standards would, of course, fully in the following section, these hazardous constituents as the point for continue to apply (as would a one-time treatment standards generally adopt the demonstrating that equivalent treatment recordkeeping requirement under RCRA limitations or standards that apply to occurs. This point can, but need not be, (see § 268.9). the facility’s discharge as the RCRA the NPDES or pretreatment point of Second, the standards do not apply in treatment standards. The reason EPA is compliance. Examples of alternative situations where RCRA hazardous waste taking this approach is that the CWA points of compliance that would be (subtitle C) impoundments are used. industry category or case-by-case permissible (assuming the treatment The statute already sets out the industrial POTW limitations and standard is being satisfied) would be requirements for subtitle C standards represent specific prior to initial placement in an impoundments receiving wastes which determinations of what Best Available impoundment, or after treatment in an may not yet have met a treatment Treatment (BAT) technology is capable impoundment but before final standard. RCRA section 3005(j)(11). of achieving for that plant’s wastewater, discharge. These requirements are not altered by or, in the case of Water Quality Criteria- The Agency also agrees with the Third Third opinion. 976 F. 2d at 24 based limitations, what an appropriate commenters that there can be alternative n. 10. limit is based on BAT treatment plus points of compliance for different Finally, in response to comment, EPA risk-based considerations. In the event a underlying hazardous constituents. has determined that the end-of-pipe hazardous constituent present in the Again, the reason is to allow flexibility treatment standards should not apply to wastewater at point of generation of the of compliance alternatives when a stormwater impoundments. Stormwater original characteristic hazardous waste facility can demonstrate that it is impoundments are used by treatment is not already regulated pursuant to a destroying, immobilizing, or removing facilities to catch stormwater during CWA limitation or standard, the RCRA an equivalent mass of hazardous rain events, because their biological Universal Treatment Standard for that constituents through wastewater treatment systems cannot adequately constituent would apply. treatment as would be achieved by handle such sudden, large volumes of These treatment standards may be met segregating the characteristic water. At some treatment facilities, at the CWA point of compliance, wastestream for separate RCRA however, because they have a combined typically the point the wastewater is treatment. Thus, if a facility generated a Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15571 characteristic waste containing metal treatment technology must be used to duplication to the maximum extent and organic underlying hazardous achieve the facility’s limits, it is possible with CWA requirements. The constituents and the waste was treated expected that plants utilizing BAT will Agency feels it is accomplishing this sequentially by means not involving have treated their effluent so that there requirement by allowing a constituent- impermissible dilution, there could be are substantial reductions in specific, CWA treatment standard to different compliance points for the concentration and mass of hazardous satisfy RCRA 3004(m). The Agency metal and organic hazardous constituents. As the Agency has stated reiterates that a technology-based CWA constituents. many times, EPA believes that section limitation or standard for a hazardous EPA notes, however, that if alternative 3004(m) is satisfied by treatment that constituent satisfies RCRA because such points of compliance are utilized, substantially destroys, immobilizes, and a limitation or standard directly reflects enforcement would normally be removes the hazardous constituents that the capability of BAT technologies to pursuant to RCRA, not the Clean Water are present in the waste, treat a specific industry’s or facility’s Act. This is by necessity, since CWA notwithstanding that minor amounts of wastewater, whereas the RCRA UTS for permits (or, for indirect dischargers, hazardous constituents remain after wastewaters were developed by control mechanisms) would not treatment. Put another way, the statute transferring performance data from normally apply to effluent quality before does not require that every conceivable various industries, and thus EPA need final discharge. See further discussion threat posed by land disposal be not make that same transfer when on means of implementing today’s eliminated by treatment. 55 FR at 6641 industry-specific (or plant-specific) standards below in this preamble. and n. 1 (Feb. 26, 1990); 56 FR at 12355 wastewater treatment data is available. A water-quality based limitation C. Why CWA Limitations and Standards (March 25, 1991); 57 FR 37259 (August would also satisfy RCRA section Can Also Be RCRA Treatment 18, 1992); 55 FR at 22596 (June 1, 1990). 3004(m). A CWA water quality-based Standards In fact, the legislative history states explicitly that the treatment standards limitation must be at least as stringent As explained above, when a are not to be technology forcing, but as the limitations required to implement hazardous constituent is already subject rather are to utilize the available an existing technology-based standard. to a CWA industry category or Water effective treatment technologies. 130 (See CWA section 301(b)(1)(c).) Even Quality Criteria-based limitation, or a Cong. Rec. S. 1978 (daily ed. July 25, where there is no existing BAT case-by-case industrial POTW limitation 1984) (statement of Sen. Chaffee); 56 FR limitation for a toxic or or standard, the Agency believes (and at 12355. That is precisely what EPA nonconventional pollutant, a permit the final rule provides) that the CWA has done here. writer must determine whether BAT limitations and standards satisfy RCRA Second, with specific regard to use of would be more stringent than the section 3004(m) requirements and CWA limitations, EPA notes that applicable water quality-based consequently become the RCRA virtually all of the current LDR limitation, and again, must apply the treatment standard for purposes of treatment standards for wastewaters are more stringent of the two potential demonstrating equivalent treatment. already drawn from CWA limitations limitations. (40 CFR 125.3(c)(2).) EPA believes that this is an obvious and and standards. See 55 FR at 22601 If a facility has received a effective means of integrating CWA and (wastewater standards for U and P Fundamentally Different Factors (FDF) RCRA requirements, in accord with the wastes and F039, which essentially variance, the limitations established by court’s objective. 976 F. 2d at 22; RCRA became the universal treatment that variance also satisfy RCRA section 1006(b). This approach was standards, were transferred from requirements. Limitations established generally supported by commenters as a treatment data from CWA programs), by the FDF variance process are reasonable means of satisfying the and see also the Final BDAT technology-based standards reflecting court’s mandate and the underlying Background Document for U and P facility-specific circumstances, and policy of integration of the two statutes. Wastes and Multi-Source Leachate hence can appropriately be viewed as Several commenters, however, argued (F039) Volume C (documenting that BDAT as well, just as with RCRA that CWA limitations and standards most of existing RCRA wastewater treatability variance standards. See 51 could not be equivalent to RCRA standards were transferred from CWA FR at 40605 (Nov. 7, 1986). because such standards can reflect limitations and standards). Moreover, EPA also believes that there are (among other things) ‘‘the cost of the technologies that are often used to adequate constraints in the CWA achieving such effluent reduction’’, and achieve CWA limitations and standards implementing rules to prevent these ‘‘the age of equipment and facilities are, in most cases, the same end-of-pipe standards from being involved’’. CWA section 304(b)(2)(B) technologies upon which the RCRA achieved by means of simple dilution. (factors to be considered in determining Universal Treatment Standards are First, many of the effluent limitation Best Available Technology). EPA based. As EPA has already stated, guidelines and standards regulate the disagrees. While it is true that ‘‘because most treatment technologies mass of pollutants discharged, and thus technology-based standards developed cannot be so precisely calibrated as to directly regulate not only the to address toxic pollutants from various achieve, for example, 3.5 ppm rather concentration of pollutant discharged industrial categories are developed after than 2.7 ppm, the likely result is that but the degree of wastewater flow as consideration of levels that can be the same amount of treatment will well. Even where rules are achieved through application of the best occur.’’ 59 FR at 47989 (Sept. 19, 1994). concentration-based, NPDES permit available technology economically Since frequently the same technologies writers can set requirements which achievable, the CWA limitations and are used to treat wastewaters, EPA preclude excessive water use, and EPA standards nevertheless represent the expects the degree of treatment to be has so instructed permit writers. (See 58 best evaluation of what technically comparable. FR 66151, December 17, 1993, advanced wastewater treatment is EPA also emphasizes that RCRA encouraging permit writers to estimate capable of achieving for a particular section 1006(b) requires EPA (among reasonable rate of flow per facility and industry’s (or, in some cases, particular other things) to integrate provisions of factor that flow limit into the permit.) plant’s) wastewater. Although there is RCRA and the CWA when These permit conditions can take the no requirement that a particular implementing RCRA, and to avoid form of best management practices, 15572 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations explicit mass limitations, and particular hazardous constituent will E. Implementation conditions on internal waste streams. 40 not pass through to navigable waters CFR 122.44(k); 122.45 (f), (g) and (h). because of efficacious treatment by the 1. Where Permits Contain Standards for Indirect dischargers are also subject to POTW, that standard would also satisfy Hazardous Constituents specific CWA dilution rules in both the RCRA. The reason is that there will be If a direct discharger subject to the general pretreatment rules and the full-scale treatment of the hazardous rule (i.e. generating a characteristic Combined Wastestream Formula (as constituent before its final release into waste containing underlying hazardous well as through many of the categorical the environment. Such full-scale constituents at concentrations exceeding standards). 40 CFR 403.6 (d) and (e). treatment satisfies the court’s the treatment standard at the point the Many of the guidelines and standards equivalency test. 60 FR at 11711. EPA waste is generated, and is treating those is adopting this provision in today’s rule also preclude addition of stormwater decharacterized wastes in surface runoff to process wastewater to preclude for these reasons. impoundments) has an NPDES permit achieving treatment requirements by The Agency also proposed that containing a limitation for that means of dilution. The Agency is pretreatment standards based on hazardous constituent based on BAT, accordingly of the view that end-of-pipe interference with POTW operations NSPS, BPJ, or a water quality standard, equivalence would be achieved by would not be considered to satisfy then there are no independent RCRA treatment that removes, immobilizes, or RCRA. Id. EPA is adopting this position requirements beyond documenting in destroys hazardous constituents, and in the final rule. The reason is that the facility’s records that this is the therefore we have determined the interference findings reflect the effect facility’s mode of compliance. treatment satisfies the requirements of the pollutant may have on overall RCRA section 3004(m). POTW treatment, not necessarily EPA notes further that if the Agency EPA emphasizes, however, that it is treatment of the particular constituent. (or authorized State), as part of the CWA not addressing the issue of whether Because the relationship of an decisionmaking process for setting the cross-media transfers of hazardous interference-based standard with limitations, affirmatively decided that constituents become so extensive as to treatment of a particular hazardous such hazardous constituents need not be invalidate the wastewater treatment constituent is tenuous, EPA does not regulated due to low toxicity, low function of a land-based unit. This is the believe that such a standard can be said bioavailability or other environmental subject of the pending Phase IV to be equivalent to RCRA treatment. factors and that fact is reflected in the proposed rule (60 FR at 43654 (August Several commenters disagreed with this rulemaking record, permit or permit 22, 1995)), and will be addressed as part reasoning, but provided no empirical record, no additional RCRA standards of that proceeding. information calling the Agency’s would apply. If the rulemaking or conclusion into question. EPA is permit and permit record do not contain D. When CWA Limitations and consequently adopting this provision as such a finding, the permitting authority Standards Become the RCRA Standards proposed. should reexamine the NPDES permit Today’s rule establishes the following 3. Zero Dischargers Performing CWA- upon reissuance in order to clarify principles: Equivalent Treatment whether such hazardous constituents 1. Direct Dischargers need not be regulated. During the time In the May 24, 1993 emergency rule, between the date this rule becomes A CWA limitation becomes the RCRA EPA established the principle that zero effective and the date the permit is treatment standard as well in the discharge facilities performing CWA- reissued, however, the RCRA Universal following situations: (a) where there is equivalent treatment on decharacterized Treatment Standards for those a categorical BAT or NSPS limitation for wastewaters would be subject to the constituents must be met. the underlying hazardous constituent; rules for direct dischargers, and thus (b) where there is a facility-specific would retain the ability to use surface In addition, if EPA (or an authorized limitation for the underlying hazardous impoundments as part of the treatment State) affirmatively decided either in the constituent pursuant to 40 CFR 125.3 process for decharacterized wastes rulemaking or in the permitting process (c)(2) and (d)(3); (c) where there is a provided equivalent treatment occurs. that a particular hazardous constituent Water Quality-based limitation 58 FR at 29863–29864. The reason is is controlled through controls on an established pursuant to 40 CFR that these facilities can be performing indicator pollutant, then again, no 122.44(d); or (d) where the facility has wastewater treatment identical to, or additional RCRA standards would received a Fundamentally Different more stringent than, that required of apply. For this purpose, however, the Factors variance establishing an direct dischargers, and thus the same Agency would only accept as a valid alternative limitation pursuant to 40 policy of integrating RCRA and the indicator situations where a toxic CFR Part 125 subpart D. CWA should apply to such facilities. Id. pollutant parameter is used as an EPA is consequently also applying indicator for another toxic pollutant. 2. Indirect Dischargers today’s rules on equivalency to zero The Agency does not believe that use of A Clean Water Act pretreatment dischargers performing CWA-equivalent conventional pollutants (such as BOD or standard becomes the RCRA treatment treatment, including tank-based systems COD) as indicators for toxic constituents standard as well in the following that ultimately land dispose rather than guarantees the type of equivalent circumstances: (a) where there is a discharge treated effluent. ‘‘CWA- treatment of hazardous constituents, categorical PSES or PSNS for a equivalent treatment’’ is defined in which EPA feels is necessary to particular hazardous constituent; and, 268.37(a) to mean ‘‘biological treatment implement the equivalence requirement. (b) where POTWs have developed local for organics, alkaline chlorination or 976 F. 2d at 23 n. 8.2 limits, in addition to categorical ferrous sulfate precipitation/ standards, to prevent pass through and sedimentation for metals, reduction of 2 In making this statement, EPA is of course not interference and apply them to indirect hexavalent chromium, or other calling into question the use of conventional pollutants as valid indicators to satisfy Clean Water dischargers. treatment technology that can be Act requirements. The language in the text is EPA proposed that if pretreatment demonstrated to perform equally or directed solely at implementing the court’s mandate standards reflected a finding that a greater than these technologies’’. for purposes of RCRA. Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15573

2. Where Permits Do Not Contain a limit in a control mechanism reflecting choosing (assuming, of course, that a Limitation for a Hazardous Constituent PSES or PSNS—level treatment, then valid demonstration of bona fide If the CWA permit either does not that standard satisfies both RCRA and treatment can be made at an earlier contain a limitation for the pollutant or the CWA. In addition, if there is no point). pretreatment standard (i.e., PSES/PSNS) does not regulate the pollutant through 5. Implementation When CWA for an underlying hazardous an indicator, or in cases when this rule Standards and Limitations Will Not Be constituent, because the Agency becomes effective before the reissuance the Exclusive Standard of a facility’s permit, the RCRA determined that there was no pass If the facility treats to UTS and does universal treatment standards would through, then section 3004(m) is not modify its CWA permit or control apply as they do for any other RCRA satisfied and the RCRA standard for that mechanism to include a CWA standard/ hazardous wastestream. In this underlying hazardous constituents does limitation for an underlying hazardous situation, the owner or operator of a not apply. constituent, EPA is finalizing minimal facility has several choices. The owner/ If an underlying hazardous recordkeeping requirements, under operator could do nothing, in which constituent is not regulated nationally RCRA authority. Generators can use case the hazardous constituent would be by a PSES or PSNS, or by a local limit, their knowledge to identify the subject to the UTS. These standards it becomes subject to the UTS for that underlying hazardous constituents would be implemented by rule, and constituent. That UTS would be reasonably expected to be present at the thus would not be embodied in a CWA enforced as a RCRA standard. However, point of generation of the ICRT wastes permit. Enforcement consequently in cases where an underlying hazardous which are not covered by a CWA would be solely under RCRA. As noted constituent is not already subject to limitation or standard and hence must earlier, the point of compliance could, categorical PSES, categorical PSNS, or be treated to meet UTS (assuming no but need not be, at the end-of-pipe point to a local limit in a control mechanism permit modification). EPA is requiring of discharge. reflecting PSES or PSNS-level treatment, In the alternative, a facility could seek water quality, or pass through, the that this information be kept on-site in amendment of its NPDES permit control mechanism between the indirect files at the facility. The facility will then pursuant to § 122.62(a)(3), requesting discharger and the applicable control monitor compliance with the UTS that the applicable permitting authority authority would have to be modified in standard for each of these constituents modify the permit at reissuance, or order to avoid application of the UTS by at the point of ultimate discharge or sooner, to add limits for the underlying rule. EPA is amending § 403.5(c)(1) and alternative compliance point, on a hazardous constituents reflecting BAT § 403.5(c)(2) of the pretreatment rules to quarterly basis, and results of this for that pollutant at the facility.3 specifically authorize control authorities monitoring must be kept in the facility’s Assuming proper design and operation to make such determinations. on-site files. An exceedence of the of the wastewater treatment technology, The final option is for a facility to RCRA UTS standard must be a permit writer in such a case could obtain a RCRA treatability variance. documented in the facility’s on site modify the permit to add a limitation for Thus, the amendment to the treatability records. These same requirements apply to the pollutant based on Best Professional variance rules also applies to indirect facilities without NPDES permits Judgement reflecting actual BAT dischargers properly operating documenting compliance as zero treatment (40 CFR 125.3(c)). technology identified as the basis for dischargers with CWA-equivalent Modification requests would be their PSES or their PSNS standard. treatment who are affected by this rule. processed pursuant to the procedures 4. Zero Dischargers Performing CWA- The absence of a permit necessitates found at § 124.5. The modified permit Equivalent Treatment some alternative means of documenting limitation would be a CWA requirement The implementation options for zero compliance, and the scheme outlined and enforceable solely under that dischargers performing CWA-equivalent above seems to be the least burdensome statute, but would be deemed by the treatment are similar. Some of these scheme which would still provide a Agency to satisfy RCRA 3004(m), so that facilities may have CWA permits reasonable means of enforcing this rule. meeting UTS per se would not be authorizing specified levels of required. discharge. If these permit limitations 6. RCRA Controls Over Point Source A final alternative is for the facility to apply to underlying hazardous Discharges and Domestic Sewage seek a RCRA treatability variance. EPA constituents present in the RCRA- Both RCRA and the implementing is amending the grounds for granting prohibited portion of the discharge, the regulations provide that point source such a variance to include situations CWA permit limit satisfies RCRA as discharges and domestic sewage where a facility is treating well. The facility also could seek to (including mixtures of domestic sewage decharacterized wastes by treatment amend the CWA permit to add with other wastes) are not subject to identified as BAT or NSPS (New Source limitations for the hazardous Performance Standards), the technology constituent. Enforcement then would be point would be at the point of ultimate disposal. is designed and operated properly, but exclusively pursuant to the CWA. For those zero dischargers who discharge to a dry river bed (common in the western U.S.) not is not achieving the UTS (see If the zero discharger has no CWA § 268.44(a)). considered a ‘‘water of the U.S.’’ under the CWA, permit, or the permit does not contain the point of compliance would be at the end-of- 3. Indirect Dischargers limitations for underlying hazardous pipe. For those zero dischargers who spray irrigate, constituents and is not amended to do or otherwise place the wastewaters on the land after The same alternatives exist for treatment in the surface impoundment, the point of indirect dischargers. If an underlying so, then the facility would have to meet compliance would be at the point just prior to the hazardous constituent is regulated by a the RCRA UTS or an alternative land placement. Furthermore, zero dischargers categorical PSES, PSNS, or by a local standard established by treatability treating wastewaters in a tank system followed by variance either at the point of spray irrigation or another form of land placement 4 are also subject to this rule. For those zero 3 EPA is interpreting the language in discharge or at an earlier point of its dischargers who use evaporation ponds, the point § 122.62(a)(2) to indicate that the D.C. Circuit’s of compliance is before the wastewater enters the opinion in the Third Third case is new information 4 The point of compliance for a zero discharger surface impoundment, as this is the ultimate warranting reopening a permit. choosing the point of discharge as a compliance disposal point. 15574 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations

RCRA subtitle C jurisdiction. RCRA injecting decharacterized ICRT wastes compliance is for the unit to have section 1004(27) and § 261.4(a) (1) and do not substantially treat their waste received a no-migration determination. (2). Some commenters questioned beyond removing the characteristic by A number of commenters believed whether by allowing CWA limitations aggregating and diluting wastestreams, that aggregation or dilution of wastes to and standards to satisfy the RCRA plus filtering of solids in order to remove the hazardous characteristic of treatment standard requirement, EPA facilitate injection. There are as many as the waste stream prior to injection was were somehow imposing RCRA controls 100 such nonhazardous facilities in sufficient and that the requirement to where it lacks authority to do so. addition to the approximately 54 treat underlying constituents was legally This is not the case. EPA is creating hazardous facilities injecting ICRT unnecessary and onerous. EPA’s reading here a mechanism for evaluating wastes. As discussed in the Phase III of the Third Third opinion and section whether RCRA-equivalent treatment has proposed rule, EPA estimates that the 3004(m) is that treatment that destroys, occurred for purposes of determining average flow of a ‘‘typical’’ Class I immobilizes, or removes hazardous whether surface impoundments (i.e. nonhazardous well is 107,000 gallons/ constituents is required, and that this RCRA land disposal units) can day. Typically, the volume of hazardous requirement is not satisfied merely by permissibly be used as part of that wastes comprises 25% or less of the dilution. The statutory findings of the treatment process. 976 F. 2d at 22–24. aggregated injected wastestream. inherent uncertainty of land disposal of The effect, for RCRA purposes, of failing In the Third rule, EPA proposed that hazardous wastes, the propensity to to satisfy the limitations or standards is characteristic wastes were not bioaccumulate these same constituents, that the facility has engaged in illegal prohibited from injection into these the statutory goals of waste land disposal by virtue of not deep wells provided they no longer minimization and proper waste performing equivalent treatment. Id. exhibited a characteristic at the point management, plus the legislative history Thus, the effect of the rule is on activity they are injected.e. land disposed. 60 JR documenting Congressional intent not upstream of the discharge point, and at 11704–11705. The D.C. Circuit to permit treatment by dilution supports these activities are within RCRA’s rejected this portion of the rule, holding, the Agency in rejecting these comments. jurisdictional purview. in EPA’s reading of the opinion, that the 60 FR at 11706–708. Therefore, the statutory requirements could not be Agency has decided not to allow Class 7. Applicability to the Pulp and Paper I nonhazardous wells to dilute or Industry satisfied absent treatment that addressed both short term and long term threats aggregate their waste streams in order to fulfill, substitute, or avoid treatment The concerns about integration of posed by land disposal of the waste, and levels or methods established in the CWA and RCRA standards are hence that hazardous constituents in the LDRs. See the dilution prohibition particularly acute with respect to the waste had to be destroyed, removed or added in § 148.3 of today’s final rule. pulp and paper industry. EPA is at a immobilized before injection, not critical stage in developing Furthermore, the Agency, as merely diluted. 60 JR at 11706–11708. proposed, is expanding the applicability comprehensive multi-media rules for EPA is implementing that mandate in this industry (to control both hazardous of 40 CFR Part 148 to now require this rule. (However, EPA reiterates, as it owners/operators of Class I air emissions and wastewater did at proposal, that EPA is taking this discharges). These rules were proposed nonhazardous wells to determine action to implement the court’s whether LDRs apply to their facilities. at 58 FR 66078 (Dec. 17, 1993) and are mandate, not because it is an slated for promulgation by mid-1996. Commenters likewise sharply environmental priority, or prudent use questioned the Agency’s determinations The rules should fundamentally affect of the Agency’s or the regulated (for the better) the types of wastewaters as to when land disposal prohibitions community’s resources. The should attach, and state, correctly in the managed at pulp and paper facilities Administration is in fact pursuing a Agency’s view, that the opinion did not and the potential releases of hazardous legislative change which would restore compel a determination that constituents from such wastes. The EPA’s original policy determination prohibitions must attach at the initial Agency believes that it would be putting reflected in the 1990 Third rule.) point of waste generation or when the cart before the horse, and would fail The effect of today’s final rule is to underlying hazardous constituents are to properly integrating RCRA with the prohibit the land disposal of present at that point in concentrations CWA (and potentially CAA in this case) characteristic waste streams at the point exceeding the UTS. EPA is in fact by proceeding with implementation of they are generated. If those wastes pursuing alternatives on both of these the court’s decision for this industry in contain underlying hazardous fronts. The Agency proposed advance of completion of this constituents at levels exceeding the alternatives to the strictest point of rulemaking. Cf. Edison Electric Inst. v. Universal Treatment Standards and (as generation approach, 60 FR at 11715– EPA, 2 F. 3d 438, 453 (D.C. Cir. 1993) explained further below) at levels and 716, and expects to take final action on noting when temporary deferrals of volumes greater than designated de this proposal well before the effective action to allow better integration of minims amounts, those constituents date of the Phase III prohibitions for overlapping statutes is permissible. The would have to be destroyed, removed, Class I non-hazardous UIC wells. The Agency will revisit the question of how or immobilized before the waste is source reduction compliance option in to implement the court’s decision for injected. This could be accomplished this rule is a related means of dealing the pulp and paper industry upon either by segregating the characteristic with this issue, since it can be completion of the existing multi-media portion of the injectate for treatment, or conceptualized as allowing the requisite rulemaking. by treating the commingled injectate hazardous constituent reductions to be IV. Treatment Standards for Class I before disposal (i.e. before injection). achieved by means other than Nonhazardous Injection Wells and The rule further provides that if a downstream treatment notwithstanding Response to Comments facility removes an equivalent mass of presence of hazardous constituents the hazardous constituent through above UTS at what is technically point A. Introduction source reduction, or waste treatment, of waste generation. Generally, Class I nonhazardous that the treatment standard is satisfied. With regard to whether presence of injection well owners/operators The final, alternative means of hazardous constituents above UTS Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15575 would be the trigger level for the LDR These comments, among others, will be requirements. Revisions to 40 CFR prohibition, EPA has recently proposed discussed in detail in the ‘‘Response to 148.1(c)(1) and 148.4 will allow Class I risk-based hazardous constituent Comments’’ background document for nonhazardous owners and operators to concentration levels which would this rule, but basically many had partial apply for a case-by-case extension of the implement the ‘‘minimize threat’’ merit. capacity variance for up to one year requirement in section 3004(m), and First, although the Agency has (renewable for up to an additional year) would cap the technology-based estimated earlier that the average in order to acquire or construct treatment standards whenever the petition costs an operator $343,000, alternative treatment capacity. Based on technology-based standards are lower several individual petition reviews have experience, EPA believes that the (60 FR 66344, December 21, 1995). The far exceeded that amount. The Agency availability of the case-by-case de minimis feature of today’s rule will examine the possibility of revising extension coupled with national further addresses situations where EPA petition cost data in future LDR rules. capacity variance(s) should allow believes that prohibitions need not Second, although a petition may take up operators more than adequate time to apply due to the low concentrations and to 3 years to process, the Agency (as acquire alternative treatment or volumes of hazardous constituents in noted above) indicated as early as 1992 complete the no-migration petition the decharacterized portion of the (after the Third Third opinion) that it process. Two other options include the injectate. would begin review of Class I pollution prevention option and the de nonhazardous injection well no- minimis volume exclusion. B. Compliance Options for Class I migration petitions if submitted (58 FR Nonhazardous Wells 4972, January 19, 1993). Although time C. Pollution Prevention Compliance In the proposed rule, the Agency and resource restraints on the Agency Option indicated that facilities could segregate are real, the Agency will continue to The final rule provides an alternative their hazardous wastes, and treat just work with affected Class I operators in means of obtaining the reductions in that volume of the total waste stream to order to facilitate the no-migration mass loadings of hazardous constituents UTS levels in order to conform to the petition review process. Third, although mandated by the Third Third opinion. treatment requirement. A number of EPA has established a reasonable Under this alternative, mass reductions commenters maintained that the Agency knowledge base on the review process can be achieved by removing hazardous oversimplified this approach and that for Class I hazardous facilities, it cannot constituents from any of the such segregation was impractical from automatically infer that all Class I wastestreams that are going to be both a technical and economic nonhazardous facilities will injected, and these reductions in mass standpoint. EPA acknowledges that successfully make a no-migration loadings can be accomplished by means many facilities may not practically be demonstration. Well site geology, of source reduction (i.e. equipment or able to segregate streams. These hydrogeology, abandoned well area of technology modifications, process or facilities may utilize of other LDR review, and the specific characteristics procedure modifications, reformulation compliance options as discussed below. of the injectate and receiving formation or redesign of products, substitution of One option would be to apply for an are site specific factors which, as a raw materials, and improvements in exemption from treatment standards via factual matter, must be evaluated housekeeping, maintenance, training, or the no-migration petition variance. EPA individually in order to demonstrate ‘‘to inventory control), recycling, or is promulgating a clarifying revision to a reasonable degree of certainty’’ (RCRA conventional treatment. As an example, 40 CFR 148.20 which allows facilities to section 3004(g)(5)) that the no migration if a facility can make process changes seek a no-migration variance for their standard has been satisfied. See that reduce the mass of cadmium by the Class I nonhazardous wells, and has Supplemental Report to Notice of Data same amount that would be removed if long indicated that this compliance Availability, January 19, 1993, at 25–26 the prohibited wastestream was treated option is available (see pp. 25–27, 9. It must be remembered that not every to satisfy UTS, the facility would satisfy Supplemental Information Report Class I injection well applying for the LDR requirements. The facility could prepared for the Notice of Data variance has been able to make the also remove cadmium from any of the Availability, January 19, 1993, 58 FR demonstration, and that one salutary streams (prohibited or non-prohibited) 4972). If these facilities demonstrate to effect of the no migration process has which are going to be injected, or could EPA that their formerly characteristic been to identify certain (albeit a limited find a means of recycling some portion wastes (including any hazardous number of) wells that would not be of the injectate to reduce injected mass constituents) will not migrate out of the capable of adequately containing loadings of cadmium. In all cases, the injection zone for 10,000 years, or no injectate over the long term. result would be that the mass loading of longer pose a threat to human health EPA agrees completely with hazardous constituents into the and the environment because the wastes commenters, however, that wells that injection unit would be reduced by the are attenuated, transformed, or already have approved no migration same amount as it would be reduced by immobilized by natural processes, then exemptions are not affected by the Third treatment of the prohibited, they may continue to inject without Third opinion and thus are not affected characteristic portion of the injectate. further treatment. by land disposal restrictions affecting 976 F. 2d at 23 n. 8; see also Specialty A significant number of commenters decharacterized wastes. (In fact, EPA Steel Inst. v. EPA, 27 F. 3d 642, 649 responded to the proposed rule’s does not read the proposal to suggest (D.C. Cir. 1994) (treatment standards discussion on the Agency’s position on otherwise.) Absent a change in the that result in lower volume of waste to granting no-migration petitions. waste being injected, there is no reason be disposed—precisely what the Comments included that petitions were to reopen no migration determinations alternative standard here can achieve— a too costly option, took too much time that have already evaluated the entire are a permissible means of complying to be processed, generic petitions for injected waste stream. 57 FR at 31963 with RCRA section 3004 (m)). Class I non-hazardous wells should be (July 20, 1992). Commenters further requested that granted, and existing no-migration EPA is also promulgating additional this alternative be available on a exemptions should not require means for Class I nonhazardous hazardous constituent by hazardous modification to include Phase III wastes. facilities to comply with the LDR constituent basis. EPA agrees that this is 15576 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations reasonable since it still results in the commenter misunderstood the purpose has to be some objectively defined requisite reduction of hazardous of the production variability factor. In baseline period for the rule to be constituent mass loading and provides the example the post-pollution enforceable, and for there to be some desirable compliance flexibility. Of prevention injectate was adjusted by the nexus between the pollution prevention course, if the pollution prevention production variability factor; however, measure and the reduced mass loadings alternative is used partially, there must the example could have been in current injectate. Balancing these still be compliance by some alternative reorganized such that the initial considerations, the Agency is means for the remaining hazardous baseline was adjusted for production establishing 1990 as the base year for constituents subject to the prohibition. variability. It was not necessary to establishing a baseline. This was the The Agency is not, however, adopting adjust both the pre- and post-pollution year EPA adopted (per Congressional any type of hazardous constituent prevention baselines for production schedule) the prohibitions for trading provision as part of this rule. It variabilty; in fact, doing so would cause characteristic hazardous waste and first is not clear that such a provision the variability factor to cancel out. (coincidentally) the year of the Pollution would satisfy the equivalency test Several commenters were concerned Prevention Act. enunciated by the court. In addition, that there are other factors besides rate EPA is sensitive to other comments given the narrow time frame available to of production which could cause regarding the need for this alternative to the Agency to develop this rule, the variability in the level of an underlying be objectively verifiable. The Agency is Agency lacks the time and resources to hazardous constituent. One commenter therefore requiring that facilities must properly evaluate the ramifications of mentioned variations in operation of monitor the underlying hazardous the idea in this proceeding. specific source unit operations such as constituent concentration and the As a means of implementing this distillation and/or stripping trains volume of the prohibited hazardous alternative, EPA is adopting the method feeding the injection unit. Another waste stream (i.e. all characteristic proposed. The mass/day reduction of a commenter stated that since they do not streams subject to LDR treatment particular underlying hazardous actually produce anything, they have no standard requirements that will be constituents is to be calculated by production rates to use, and suggested decharacterized before injection), both comparing the injected baseline with basing production on man-hours on the day before and the day after the allowance. The injected baseline is worked or total water consumed by a successful implementation of pollution determined by multiplying the volume/ facility. The Agency agrees with all prevention. Results of this monitoring day of prohibited hazardous waste these suggestions. The mass/day of an must be reported to the EPA Region or generated and subsequently injected underlying hazardous constituent after authorized State on a one-time basis. times the concentration of hazardous pollution prevention is based on the The Agency had solicited comment on constituents before the pollution flowrate multiplied by the concentration whether more than one day is needed prevention measure. The allowance is of the constituent, and must be less than for monitoring. Several commenters determined by multiplying the volume/ or equal to the calculated mass/day were concerned that certain pollution day of a hazardous constituent allowance for that underlying hazardous prevention methods would take several generated/injected times the UTS for constituent. Beyond this basic formula, weeks, not one day, to show results. It that constituent. The difference between the facility can adjust for any factors should be noted that the Agency did not the injected baseline and the allowance which would cause a variation in the intend for the pollution prevention is the required mass/day reduction. concentration of the underlying method to show results in one day. EPA proposed, and is adopting the hazardous constituent, provided the Results should be achieved by the requirement that after successful variation(s) are part of a normal effective date of the rule for the facility employment of a pollution prevention operating procedure. to be in compliance, and the pollution measure, the facility must demonstrate Under this approach, a facility would prevention method should have been that the injected mass achieves the make a one-time change in operating employed no earlier than 1990. The required mass/day reduction. Because practice. Because the mass loading facility must also include a description the amount of an underlying hazardous reductions resulting from the practice of the pollution prevention method used constituent in the injectate is dependent are obtained from the time of the change (including any recycling alternative). In upon the level of production, a forward, it obviously is not necessary addition, the facility will monitor and correction factor for production is (and neither practical or likely feasible) keep on-site records of the results on a needed. In the example given in the for the facility to make on-going quarterly basis (this time period is proposal (60 FR 11714), the calculation (potentially daily) changes to qualify selected to match the quarterly for the injected baseline was corrected under the provision. monitoring already required under by a production variability factor based A number of commenters, although SDWA regulations at 40 CFR 146.13 (b)). on volume. The Agency had solicited supporting the Agency’s proposal, If the facility changes its means of comment on whether there are argued that it should apply to facilities complying with this alternative, it must production parameters other than that already have implemented source renotify the EPA Region or authorized volume (e.g., mass, square footage, etc.). reduction or other pollution prevention State, and again document the basis for One commenter gave a specific example practices before the effective date of the its compliance by monitoring. where square footage would be a more rule, not just those making the change appropriate parameter. Therefore, the prospectively (as EPA proposed). Their D. De Minimis Volume Exemption Agency is promulgating today that any point is that facilities that have already EPA is finalizing the de minimis appropriate parameter may be used to implemented source reduction, and as a exemption proposed. 60 FR at 11714– calculate the production variability result may now have fewer 11715. The terms of the exemption are factor. Another commenter was opportunities to do so, should not be on that if decharacterized wastewaters concerned that in the example the a worse footing than facilities who have comprise no more than 1% of the total baseline used after pollution prevention been laxer and thus now have a wider injectate, if the total volume of the seemed to be based on the production range of possible means of reduction. characteristic streams do not exceed rate, whereas the baseline before This argument certainly has equitable 10,000 gallons per day, and if pollution prevention was not. The force. At the same time, however, there underlying hazardous constituents are Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15577 present in the characteristic wastes at detected in Class I facility waste streams one percent volumetric requirement is concentrations less than 10 times UTS at 10, 20, and 50 times UTS. (This consistent with other longstanding de at the point of generation, then the analysis was conducted in conjunction minimis exemptions for wastewater wastes are not prohibited from injection with revising the Regulatory Impact management systems in the subtitle C in a Class I non-hazardous deepwell Analysis For Underground Injected rules (see § 261.3(a)(2)(iv) (A) and (E)), (assuming the injectate is not hazardous Wastes for this rule. See 60 FR 11715.) and would normally cap the total at the point of injection). The Agency In brief, risk estimates for 4 geologic volume of characteristic injectate at continues to believe that under these settings and 2 well malfunction approximately 1100 gallons per day, circumstances, the relatively small scenarios were found to be below levels given average Class I UIC non-hazardous decharacterized hazardous waste of regulatory concern at 10 and 20 times injection rates. streams would not appreciably alter the UTS. However, at 50 times UTS, risk At a rate of 1100 gallons per day, risks posed by the injection practice. × Generally, the proposed approach was estimates for cancer and hazard index 10 UTS for carbon tetrachloride would well received. Some commenters stated, were above regulatory concern for a mean a mass loading of approximately however, that the de minimis volume waste stream containing carbon 165 mg of the constituents being exemption, as proposed, would allow tetrachloride, assuming an abandoned injected each day. Mass loadings for the excessively large volumes of routinely borehole failure within 500 feet of the other hazardous constituents would generated characteristic wastes to go injection well. Taking into account the similarly be modest. EPA again believes untreated to disposal in deep wells, statutorily enumerated ‘‘long-term that these small mass loadings would while others believe that the specific uncertainties associated with land have de minimis effect on the risk quantifying parameters are overly disposal’’ (RCRA section 3004(d)(1)(A)), potential posed by the injection practice restrictive. The Agency analyzed EPA believes the 10 × UTS level to be and consequently should be exempted potential risks associated with well within the zone of reasonable from the prohibition. concentrations of 5 contaminants values it could select as de minimis. The BILLING CODE 6560±50±P 15578 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15579 15580 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15581 15582 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations

BILLING CODE 6560±50±C Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15583

V. Treatment Standards for Newly U393 Copper dimethyldithiocarbamate following categories: carbamates and Listed Wastes U386 Cycloate carbamate intermediates, carbamoyl U366 Dazomet oximes, thiocarbamates, and A. Carbamates U395 Diethylene glycol, dicarbamate dithiocarbamates. Please refer to the Hazardous Wastes From Specific U403 Disulfiram Background Document for definitions of Sources (K Waste Codes) U390 EPTC these chemical groups and the categorization of these 40 chemicals. K156—Organic waste (including heavy U407 Ethyl Ziram The other 2 constituents for which new ends, still bottoms, light ends, spent U396 Ferbam UTS are being promulgated solvents, filtrates, and decantates) U375 3–Iodo-2-propynyl n- (triethylamine, and o-phenylene from the production of carbamates butylcarbamate diamine) are not carbamate products, and carbamoyl oximes. U384 Metam Sodium but are hazardous constituents present K157—Wastewaters (including scrubber U365 Molinate at levels of regulatory concern in waters, condenser waters, U391 Pebulate U383 Potassium dimethyl carbamate wastes. washwaters, and separation waters) One commenter requested from the production of carbamates dithiocarbamate U378 Potassium n-hydroxymethyl-n- clarification on the applicability of the and carbamoyl oximes. carbamate treatment standards, stating K158—Bag house dust, and filter/ methyldithiocarbamate U377 Potassium n- that the summary section of the separation solids from the production proposed treatment standards said that of carbamates and carbamoyl oximes. methyldithiocarbamate U373 Propham treatment standards were being K159—Organics from the treatment of proposed for certain hazardous wastes thiocarbamate wastes. U411 Propoxur U387 Prosulfocarb ‘‘including those from the production of K160—Solids (including filter wastes, carbamate pesticides’’, whereas the separation solids, and spent catalysts) U376 Selenium, tetrakis (dimethyldithiocarbamate) section of the rule that directly from the production of thiocarbamates addressed carbamate wastes referred to and solids from the treatment of U379 Sodium dibutyldithiocarbamate U381 Sodium diethyldithiocarbamate carbamates without the pesticide thiocarbamate wastes. limitation. EPA points out in response K161—Purification solids (including U382 Sodium dimethyldithiocarbamate that the final listing rule which defined filtration, evaporation, and the new waste codes does not limit the centrifugation solids), baghouse dust, U277 Sulfallate U402 Tetrabutylthiuram disulfide definition to pesticides only. The and floor sweepings from the treatment standards being promulgated production of dithiocarbamate acids U401 Tetramethylthiuram monosulfide apply to all wastes which fit the and their salts. (This listing does not definitions of the waste codes include K125 or K126.) U410 Thiodicarb U409 Thiophanate-methyl established in the final listing rule. One commenter stated that EPA Acute Hazardous Wastes (P Waste U389 Triallate exceeded its authority under RCRA Codes) U404 Triethylamine section 3004 and violated the U385 Vernolate P203 Aldicarb sulfone Administrative Procedure Act by P127 Carbofuran EPA is promulgating the treatment preparing the proposed treatment P189 Carbosulfan standards that were proposed for wastes standards and sending this rule to OMB P202 m-Cumenyl methylcarbamate from the carbamate industry specified well before the final listing had been P191 Dimetilan above. promulgated. EPA points out that the P198 Formetanate hydrochloride The preamble of the proposed rule proposed treatment standards were P197 Formparanate described the basis for these treatment actually published after publication of P192 Isolan standards in greater detail (60 FR the final listing rule. The proposed P196 Manganese 11720). For background information on treatment standards were modified to dimethyldithiocarbamate waste characterization data, data conform with the changes that appeared P199 Methiocarb gathering efforts, and applicable in the final listing; thus, treatment P190 Metolcarb technologies, see the Best Demonstrated standards were only proposed for those P128 Mexacarbate Available Technology (BDAT) carbamate wastes whose listing had P194 Oxamyl Background Document for Newly Listed been promulgated in final form. P204 Physostigmine or Identified Wastes from the Proposed standards for wastes whose P188 Physostigmine salicylate Production of Carbamates. listings were not finalized were P201 Promecarb The concentration-based treatment eliminated from the proposed treatment P185 Tirpate standards being promulgated today for standards rule. Given the statutory P205 Ziram carbamate wastewaters and requirement described above (i.e., the nonwastewaters are at UTS levels for requirement to finalize LDR treatment Toxic Hazardous Wastes certain constituents, and at newly- standards six months after the listing is U394 A2213 established levels for other constituents finalized), Congress must have U280 Barban that are today being added to the UTS envisioned that the two rulemaking U278 Bendiocarb list. The UTS standards have already activities would occur in close U364 Bendiocarb phenol been promulgated for 21 of the proximity. U271 Benomyl constituents of concern (16 organic One commenter had several U400 Bis(pentamethylene)thiuram constituents and 5 metals). The Agency objections to the proposed standards for tetrasulfide is promulgating new UTS for 42 thiocarbamate wastes, stating that 1) U392 Butylate constituents associated with carbamate nonwastewater standards should not U279 Carbaryl wastes. Forty of these constituents are have been based on detection limits U372 Carbendazim chemicals produced by the carbamate compiled from sampling and analysis U367 Carbofuran phenol industry which may be grouped into the performed as part of the listing process 15584 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations because the Agency made errors in the greatly expanded the number of burdensome for many of the small sampling and analysis; 2) that EPA has constituents covered by the Universal companies pursuing recycling no data to support the assertion that the Treatment Standards at Section 268.48. technologies. proposed UTS limits can be met by The Agency wishes to clarify that only The Agency was persuaded by thermal destruction technologies and a very limited number of generators or commenters that a determination of that the source of the detection limit treaters, such as manufacturers or users ‘‘inherently waste-like’’ is unnecessary used to develop the nonwastewater of carbamate products, are expected to at this time. Instead, any determination standard was not clearly identified; and, have these new constituents present in of whether a particular K088 processing 3) that no document was found in the their wastes. Therefore, affected parties technology is a type of excluded record to support the proposed may rely on process knowledge to recycling activity would need to be wastewater limit of 0.003 mg/l for determine if it is necessary to analyze made on a case-by-case basis by EPA thiocarbamate constituents (A2213, for these constituents. Regions or authorized states. EPA was Butylate, Cycloate, EPTC, Molinate, The commenter has not yet provided persuaded by commenters that allowing Pebulate, Prosulfocarb, Triallate, any data to indicate that the proposed individual flexibility in making such a Vernolate), based on granular activated treatment standards cannot be met. The determination is desirable here. carbon absorption, giving the commenter did indicate an intention to Criteria that are typically relevant in commenter no basis to evaluate the submit biological treatment data for making any such determinations are set achievability of this treatment standard. thiocarbamate wastes. This commenter out (among other places) at 50 FR at 638 To respond, the nonwastewater limit was instructed to submit this data (Jan. 4, 1985); 53 FR at 522 (Jan. 8, for thiocarbamate wastes was actually quickly (by the end of August) to allow 1988); and 56 FR at 7159 and 7185 (Feb. based on a detection limit of 0.5 mg/kg the Agency time to give consideration to 21, 1991). EPA also repeats the concerns by GC/NPD, identified in a general this data prior to issuing the final rule. voiced in the proposed rule that spent characterization report addressing the aluminum potliners contain high B. Spent Aluminum Potliners (K088) newly regulated constituents, rather concentrations of cyanides and than on the limit of 0.125 mg/kg by SW– K088—Spent potliners from primary polyaromatic hydrocarbons which may 846 8270B, identified in the sampling aluminum reduction. be conventionally treated by thermal and analysis reports. The commenter EPA proposed to establish treatment recovery processes, and that these and has not yet provided any data to standards for K088 expressed as other hazardous constituents are present indicate that the proposed treatment numerical concentration limits (see 60 in the potliners in concentrations well standards for nonwastewaters cannot be FR 11722) for the following exceeding those found in the raw met. constituents: acenapthene, anthracene, materials or products for which the The Agency has decided to benz(a)anthracene, benzo(a)pyrene, spent potliners would be substituting. promulgate a treatment standard of benzo(b)fluoranthene, 60 FR at 11723 n. 11. Other concerns are 0.042 mg/l in wastewaters for the benzo(k)fluoranthene, that the thermal recovery processes thiocarbamate constituents identified benzo(g,h,i)perylene, chrysene, appear to pose the same potential risks above. This standard is based on an dibenz(a,h)-anthracene, fluoranthene, of harmful air emissions as processing analytical detection limit of 0.015 mg/l indeno(1,2,3-cd)pyrene, phenanthrene, hazardous wastes in industrial furnaces, for Butylate, identified in an activated pyrene, antimony, arsenic, barium, that the residues of recovery processes carbon isotherm test performed by the beryllium, cadmium, chromium, lead, may not be adequately treated, and that Office of Water to support development mercury, nickel, selenium, silver, storage of spent potliners can (and of effluent guideline limitations. The cyanide and fluoride. Today, EPA is indeed has) posed significant risk. Id. at Agency had proposed a wastewater promulgating these treatment standards 11723–24. EPA also repeats that many limit of 0.003 mg/l, based on data taken as proposed. The nonwastewater of these units may already be subject to from the PEST (Pesticide Treatability treatment standards for cyanide, and the the rules for industrial furnaces burning Database) database containing organic constituents, are based on a total hazardous wastes, since those rules treatability data for pesticides, prepared composition concentration analysis. The apply to industrial furnaces that burn and maintained by RREL (Risk nonwastewater treatment standards for hazardous wastes for energy recovery, Reduction Engineering Laboratory) in fluoride, and the metal constituents, are material recovery, or destruction. Id. at Cincinnati, Ohio. However, upon review based on analysis using the TCLP. All 11722 and n. 10; 56 FR at 7142; 50 FR of the available data, the Agency has wastewater treatment standards are at 49171–49174 (Nov. 29, 1985); 40 CFR decided that the Office of Water data is based on total composition 266.100. more accurately representative of concentration analysis. A consequence of EPA’s decision to available wastewater treatment than the allow for individualized determinations 1. Comments Received on the pilot-scale data from the PEST database, is that it is also unnecessary (and ‘‘Inherently Waste-Like’’ Determination and has decided to change the final indeed, not factually justified) to make treatment standard accordingly. The majority of the comments a general determination of ‘‘substantial EPA is today clarifying that the LDRs received on the issue of declaring K088 confusion’’ pursuant to 270.10(e)(2) do not apply to waste streams which ‘‘inherently waste-like’’ opposed such a which could establish an opportunity were specifically exempted from the determination. As discussed in the for interim status eligibility. That definition of hazardous waste in the proposal, declaring K088 inherently finding would have been premised on final listing rule for carbamates. These waste-like would require that all K088 the generic inherently wastelike waste streams include sludges from the treaters/recyclers obtain a RCRA Part B determination (see 60 FR at 11723), biological treatment of K156 and K157 permit regardless of whether the K088 is which the Agency is not making. EPA and streams which satisfy the recycled, reused, used as a feedstock in is also not pursuing in this proceeding concentration-based exemption from the a process, or conventionally treated. The the idea of toxic air emission standards definition of K156 and K157 codified at commenters asserted that this under section 112(d)(1) of the Clean Air § 261.3(a)(2)(iv)(G). designation would discourage recycling/ Act for these sources. These sources The promulgation of treatment reuse and development of innovative could be subject to these standards if standards for carbamate wastes has technologies, and would be overly they are major (or, in some cases, area) Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15585 sources under section 112, but that would not ‘‘substantially diminish the petition. While K088 is a unique waste, determination need not be part of the toxicity of the waste * * * so that short- available data indicate that these UTS present rulemaking. term and long-term threats to human levels can be routinely achieved. health and the environment are There seemed to be some confusion in 2. Comments Received on Regulated minimized.’’ RCRA section 3004(m)(1). that some commenters believed that Constituents In addition, as discussed in the EPA was proposing a required EPA requested comment on regulating proposed rule, EPA reads the language technology for the treatment of K088. the phthalates: bis (2-ethylhexyl) in section 3004 (d)(1), (e)(1), and (g)(5) This is not the case. The longstanding phthalate, di-n-butyl phthalate and di-n- to require that land disposal may still be position of the Agency is when octyl phthalate. These constituents have prohibited after treatment of hazardous numerical treatment levels are seemingly been detected in the constituents if the waste might still pose established under the LDR program, any untreated potliner and the treated substantial hazards due to presence of treatment technology (other than residue; however, EPA believes that other constituents or properties. 56 FR impermissible dilution) can be used to their presence may simply be due to lab at 41168 (August 19, 1991); NRDC v. achieve those levels. contamination. Commenters EPA, 907 F. 2d 1146, 1171–72 (D.C. Cir. Additional K088 comments along overwhelmingly requested that these 1990) (dissenting opinion). These with EPA’s responses are provided in phthalates not be regulated. The Agency hazards could be posed due to lack of the Response to Comments Background agrees and is not including any treatment of other constituents in the Document located in the docket for this phthalates in the list of regulated waste, in this case, fluoride. rule. constituents for K088. The Agency requested comment on VI. Improvements to the Existing Land A number of commenters requested whether fluoride should be added to Disposal Restrictions Program that benzo(a)pyrene be used as a Appendix VIII, as well. The surrogate for analyzing organics. The overwhelming response of the A. Completion of Universal Treatment commenters were concerned that commenters is that fluoride should not Standards analytical costs for other PAHs would be added to Appendix VIII. The Agency 1. Addition of Constituents to Table be excessive. EPA is not convinced that agrees that fluoride does not pose the 268.48 analyzing benzo(a)pyrene would be same risks in other wastes because it sufficient for determining proper does not occur in such high As discussed in the section on treatment of all organics. The concentrations. Furthermore, adding carbamate wastes, EPA is today adding concentration of one constituent does fluoride to Appendix VIII has associated 42 new constituents to the table of not always reflect the concentration of potential analytical costs which would universal treatment standards (Table similar constituents in a waste. be unwarranted. Therefore, even though 268.48), for which treatment standards Surrogate analyses assume that all PAHs the Agency is regulating fluoride in are being promulgated today. are present at similar concentrations K088, it is not adding it to Appendix 2. Wastewater Standard for 1,4-Dioxane which may or may not be true. Because VIII at this time. of the variability of concentrations EPA proposed on March 2, 1995 (60 found in K088 wastes, benzo(a)pyrene 3. Comments Received on Data FR 11702), to establish a wastewater may not be present while other PAHs Several comments were received treatment standard for 1,4-dioxane. 1,4- may be present. Analyzing only for regarding EPA’s use of data on K088. Dioxane was the only UTS constituent benzo(a)pyrene or any other potential One comment in particular suggested for which EPA had promulgated a surrogate does not ensure the treatment that EPA ignored relevant data gathered nonwastewater treatment standard but to UTS concentrations of other PAHs. In by the Aluminum Association. The not a wastewater standard. At that time, addition, the Agency believes that since Agency did not ignore these data. They the Agency proposed a wastewater UTS all of the PAHs are analyzed by a single were submitted after the proposal and for 1,4-dioxane of 0.22 mg/l. This method the cost increase for additional are currently in the docket for this final proposed standard was based on the PAHs should not be significant. rule. The Agency has reviewed these maximum daily limit for 1,4-dioxane Therefore, the Agency does not believe data and found that they do not support that had been developed as part of the the organic constituents monitored in any changes to the proposed treatment proposed effluent guidelines for the K088 wastes should be limited to a standards that are being finalized in this pharmaceutical industry (60 FR 21592, surrogate indicator. EPA is allowing, rule. This issue is discussed in greater May 2, 1995). This standard was based however, flexibility in the waste detail in the Response to Comments on a transfer of distillation performance analysis plans developed by the background document. data from methanol to 1,4-dioxane. companies with their permit writers to Today, the Agency is promulgating a analyze only for those constituents 4. Comments Received on Technical revised treatment standard for expected to be present in the generated Basis for BDAT wastewater forms of 1,4-dioxane based K088. There were a number of comments on 5 data points. This data was The Agency proposed to regulate submitted on the technical basis for the submitted by one of the commenters fluoride in K088. While fluoride is not numerical treatment standards. As and represents actual treatment of a ‘‘hazardous constituent’’, i.e., listed in described in the preamble to the wastewaters containing 1,4-dioxane. Appendix VIII of part 261, it is present proposed rule, most of the treatment The Agency prefers to use actual in very high concentrations in K088 and standards are taken from the universal treatment data in lieu of a data transfer is capable of causing substantial harm in treatment standards (UTS) (59 FR whenever possible. These data show the form of groundwater degradation, 47988, September 19, 1994) which were that wastewaters containing between adverse ecological effects and potential developed for each constituent by 2265–7365 mg/l of 1,4-dioxane can be adverse human health effects. The evaluating all existing Agency data from treated by distillation to levels between Agency’s view thus is that, unless various technologies. The exception to 3–7 mg/l, representing a 99.9% removal fluoride in this waste is treated, the the UTS for K088 constituents is the rate for the dioxane. As a result of this legal standard in section 3004(m) would fluoride treatment standard, which was data submittal, the Agency is today not be satisfied. That is, treatment taken from the Reynolds delisting promulgating a UTS of 12.0 mg/l for 1,4- 15586 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations dioxane wastewaters based on the in wastewaters. While the analytical underlying hazardous constituents performance of distillation. The results provided by one of the reasonably expected to be present in standard was calculated following the commenters did show some characteristic wastes. standard methodology employed by irregularities, a comprehensive The Environmental Technology EPA in developing all BDAT treatment analytical protocol was not provided by Council (ETC) opposed setting ABT as standards. the any of the comments which would a new technology-specific treatment Comments received on the wastewater be needed to fully assess their concerns standard. They argued that biological treatment standard for 1,4-dioxane regarding 1,4-dioxane. As such, the treatment only partially destroys focused on three major points: (1) The Agency believes that there should be no underlying hazardous constituents. unavailability, at the time of proposal, difficulty in analyzing for 1,4-dioxane in They also felt that reducing the of data from the effluent guidelines wastewater. Analysis can be monitoring burden is inadequate proposed rule for the pharmaceutical accomplished by either direct injection justification for creating a new industry, from which the proposed into a GCFID (SW 846, Method 8015B) technology-specific standard. standard had been derived; (2) the or a more sensitive analysis involving As discussed in the preamble to the inappropriateness of transferring the injection of an azeotropic distillate proposed rule (60 FR at 11719), distillation data from methanol to 1,4- preparation into a GCFID (SW–846, biotreatment systems vary in dioxane (based on the effluent Method 5031). performance both in general and as to guidelines data); and (3) analytical specific constituents; the Agency is difficulties inherent in analyzing for 1,4 3. Revision to the Acetonitrile Standard therefore reluctant to designate ABT as dioxane in wastewater. EPA proposed to raise the UTS for the BDAT based on data from only ten In the proposed rule, EPA referenced nonwastewater form of acetonitrile from facilities. The main reason given by both effluent guidelines data that would be 1.8 mg/kg to 38 mg/kg. Commenters API and CMA for having a treatment made available to support the proposed generally supported this revision for the method as the treatment standard was wastewater treatment standard for 1,4- reasons given in the proposed rule. the elimination of the compliance dioxane (60 FR 11727, footnote 13). Therefore the Agency is promulgating monitoring burden. Although we agree Although the Agency believed that these this revised treatment standard in this with ETC that reducing monitoring data would be available for public rule for the reasons stated at 60 FR burden is not an adequate justification inspection shortly after signature of the 11729. for creating a new technology-specific proposed rule, this was not the case. Related to this, EPA also proposed treatment standard, EPA is certainly The data were available one day revoking the special wastewater/ willing to consider more efficient means following the close of the comment nonwastewater definition for of ensuring compliance with LDR period on the Phase III proposed rule. acrylonitrile wastes (K011/13/14), requirements. As a result, many comments were recognizing that these nonwastewaters Therefore, EPA is not designating received that criticized the Agency for could consist of over 90% water, and ABT as BDAT, but is, however, not providing appropriate pubic review that wastewater treatment is an requiring that decharacterized wastes of data that was used to develop a appropriate means of treating these affected by today’s rule, which are treatment standard. wastes. Commenters agreed with this, managed in a wastewater treatment In light of the delayed release of the and the Agency is finalizing this today. system involving ABT, must be effluent guidelines data, the Agency monitored annually to ensure decided to accept comments on these B. Aggressive Biological Treatment as compliance with the treatment data and the proposed 1,4-dioxane BDAT for Petroleum Refinery Wastes standards for underlying hazardous treatment standard for 30 additional EPA had solicited comment on constituents. Other decharacterized days. In addition, the Agency provided whether to specify aggressive biological wastes affected by today’s rule must be notice of this extension to all treatment (ABT) as the treatment monitored quarterly. EPA has been commenters of the proposed rule. standard for decharacterized petroleum reviewing the paperwork burden posed Several comments were received in refining wastewaters. The Agency is not by the LDR program; this was discussed response to this memo. Most of the establishing such a treatment standard in the supplemental notice to the LDR commenters who had raised issue with in this final rule, but is instead Phase IV proposed rule (61 FR 2338, the proposed standard commented on promulgating a reduction in the January 25, 1996). As part of this the EPA memo. frequency of monitoring required for paperwork burden reduction effort, the In response to the second concern those facilities using ABT to treat their Agency is considering reducing the raised by commenters, the Agency has wastes. The reasons for this are monitoring burden for all facilities received actual wastewater treatment discussed below. complying with LDRs. The Agency data on 1,4-dioxane and as such has This issue was raised by the American considers reducing the monitoring developed a UTS based on that data. As Petroleum Institute (API), which had burden for facilities treating wastewater stated earlier, the Agency prefers to use submitted data to the Agency on ten of with ABT to be a positive step towards actual constituency data from available its facilities that used aggressive this goal, and therefore believes it is treatment technology in lieu of biological treatment. Along with the justified. Reductions of this type for transferred data from other constituents data, API requested that EPA specify other types of treatment will be whenever feasible. aggressive biological treatment as the explored in future rulemakings. Finally, several commenters raised treatment standard for their wastes. concerns regarding the analytical Such a standard, which would operate C. Dilution Prohibition difficulties of reliably detecting and in lieu of UTS, would, in API’s view, Under the existing LDR dilution quantifying 1,4-dioxane in wastewater. provide adequate treatment and could prohibition (40 CFR 268.3), burning CMA, in particular, stated that any UTS reduce their monitoring burden. In a inorganic metal-bearing hazardous under 20 mg/l for 1,4-dioxane would be similar vein, CMA commented that EPA wastes can be a form of impermissible impractical. Other commenters noted should specify an optional treatment dilution. On May 27, 1994, the Assistant extreme variability and difficulty in method (biological treatment) as an Administrator for the Office of Solid testing for the presence of 1,4-dioxane alternative to meeting UTS for Waste and Emergency Response issued Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15587 a Statement of Policy which clarified stabilizing of such combustion ash as of generation, or after any bona fide this point (59 FR 27546–27547). Today providing adequate treatment for treatment such as cyanide destruction the Agency is codifying and quantifying purposes of the LDRs. Simply meeting prior to combustion, contain hazardous these principles. the numerical BDAT standards for the organic constituents or cyanide at levels As discussed in the proposed rule, ash fails to account for metals in the exceeding the constituent-specific impermissible dilution may occur when original waste stream that were emitted treatment standard for UTS; (2) organic, wastes not amenable to treatment by a to the air and for reductions achieved by debris-like materials (e.g., wood, paper, certain method (i.e., treated very dilution with other materials in the ash. plastic, or cloth) contaminated with an ineffectively by that treatment method) (In most cases, of course, the metal- inorganic metal-bearing hazardous are nevertheless ‘treated’ by that method bearing wastes will have been mixed waste; (3) wastes that, at point of (55 FR 22666, June 1, 1990; 52 FR at with other wastes before combustion, generation, have reasonable heating 25778–25779, July 8, 1987). Today’s which mixing itself could be viewed as value such as greater than or equal to rule provides a general distinction impermissible dilution). 5000 Btu/lb (see 48 FR 11157, March 16, between ‘‘adequate treatment’’ and These inorganic, metal-bearing 1983); (4) wastes co-generated with potential violations of the dilution hazardous wastes should be—and are wastes that specify combustion as a prohibition. usually—treated by metal recovery or required method of treatment; (5) stabilization technologies. These 1. Inorganic Metal-Bearing Wastes wastes, including soil, subject to Federal technologies remove hazardous and/or State requirements necessitating The Agency has evaluated the constituents through recovery in reduction of organics (including hazardous wastes and has determined products, or through immobilization, biological agents); and (6) wastes with that 43 of the RCRA listed wastes (as set and are therefore permissible BDAT greater than 1% Total Organic Carbon forth in 40 CFR part 261) typically treatment methods. (TOC). appear to be inorganic hazardous wastes There are eight characteristic metal Several commenters want EPA to add that do not contain organics, or contain wastes; however, only wastes that additional criteria. One commenter only insignificant amounts of organics, exhibit the TC as measured by both the recommended adding a seventh and are not regulated for organics. TCLP and the EP for D004–D011 are criterion, i.e., combustion that results in BDAT for these inorganic, metal-bearing presently prohibited (see 55 FR 22660– a significant reduction in volume. listed wastes is metal recovery or 22662, June 1, 1990). EPA recently Several commenters recommended stabilization. Thus, impermissible proposed prohibition and treatment adding a seventh criterion to allow dilution may result when these wastes standards for wastes identified as combustion of lab packs. The Agency is are combusted. When an inorganic hazardous solely because they exhibit not persuaded that a seventh criterion is metal-bearing hazardous waste with the TC (60 FR at 43682, August, 22, necessary. It has determined that insignificant concentrations of organics 1995). Characteristic wastes, of course, volume reduction is not a sufficient is placed in a combustion unit, cannot be generically characterized as reason to allow the combustion of legitimate treatment for purposes of LDR easily as listed wastes because they can inorganic metal-bearing wastes because ordinarily is not occurring. No treatment be generated from many different types metals are neither destroyed nor of the inorganic component occurs of processes. For example, although immobilized, and it is possible that a during combustion, and therefore, some characteristic metal wastes do not significant amount of metal is being metals are not destroyed, removed, or contain organics or cyanide or contain transferred to another media. As for lab immobilized. Since there are no only insignificant amounts, others may packs, in the Phase II final rule (59 FR significant concentrations of organic have organics or cyanide present which 47982, September 19, 1994), the Agency compounds in inorganic metal-bearing justify combustion, such as a used oil specifically addressed lab pack issues hazardous wastes, it cannot be exhibiting the TC characteristic for a when it revised 268 Appendix IV to maintained that the waste is being metal. Thus, it is difficult to say which specify those wastes that are prohibited properly or effectively treated via D004–D011 wastes would be from inclusion in lab packs destined for combustion (i.e., thermally treated or impermissibly diluted when combusted, combustion. Today’s dilution otherwise destroyed, removed, or beyond stating that as a general matter, prohibition does not supersede the immobilized). For this reason, impermissible dilution would occur if streamlined treatment standards combustion of inorganic wastes is not a the D004–D011 waste does not have promulgated in the Phase II final rule. ‘‘metho[d] of treatment * * * which significant organic or cyanide content Therefore, metal-bearing inorganic substantially diminish[es] the toxicity of but is nevertheless combusted. wastes may be included in a lab pack the waste or substantially reduce[s] the An ‘‘inorganic metal-bearing waste’’ is unless it is prohibited under the list of likelihood of migration of hazardous one for which EPA has established wastes in 268 Appendix IV. constituents from the waste * * *’’ treatment standards for metal hazardous 3. Cyanide-Bearing Wastes (RCRA § 3004(m)) and so is not a constituents, and which does not permissible method of treatment under otherwise contain significant organic or A commenter questioned why EPA that provision. cyanide content. The table being allows the presence of cyanide to justify In terms of the dilution prohibition, if promulgated in 40 CFR part 268, combustion when there are adequate combustion is allowed as a method to Appendix XI is the list of waste codes alternative treatment methods for that achieve a treatment standard for these for which EPA regulates only metals waste constituent. This approach was wastes, metals in these wastes will be that are affected by this rule. adopted because cyanide is destroyed— dispersed to the ambient air and will be i.e., effectively treated and not diluted— diluted by being mixed in with 2. Inorganic Metal-Bearing Wastes Not by combustion. Existing LDR rules, in combustion ash from other waste Prohibited Under the LDR Dilution many cases, identify combustion as an streams. Adequate treatment Prohibition appropriate BDAT for destruction of (stabilization or metal recovery to meet Combustion of the following cyanide-bearing wastes. See, e.g., LDR treatment standards) has not been inorganic metal-bearing wastes is not treatment standards for F009, F010, and performed and dilution has occurred. It prohibited under the LDR dilution F011. The LDR Phase III proposal is also inappropriate to regard eventual prohibition: (1) wastes that, at the point solicited comments on whether the 15588 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations cyanide criterion should be dropped. CMBST. Commenters supported the Therefore, these three sections are no Several commenters strongly supported inclusion of the Catalytic Extraction longer necessary, and are removed. the continued use of combustion as a Process (CEP), and since the Agency has 3. Section 268.2(f) treatment method for cyanide-bearing determined that (properly operated) it wastes, stating that combustion is the performs in a manner equivalent to With the promulgation of UTS in the most efficient and effective method for other combustion technologies, is LDR Phase II final rule (59 FR 47982, treating cyanide wastes. One adding it to the CMBST standard. September 19, 1994), distinctions in the commenter, ETC, supported dropping Molten Metal Technology commented definitions of wastewaters are the cyanide criterion because of the that the CEP is not in fact a combustion unnecessary. The Agency is therefore existence of alternative non-combustion technology, and the Agency has removing paragraphs (1)–(3) from technologies to treat inorganic cyanide- attempted to reflect this in the § 268.2(f). bearing wastes without dispersing definition. One commenter, Exide 4. Corrections to Proposed Rule metals. The Agency disagrees; Corporation, requested that their plasma Language combustion, when properly conducted, arc process for the recovery of lead also can effectively destroy all the cyanide in be added to the definition of CMBST. A number of commenters pointed out a waste. In the Agency’s view, this The Exide plasma arc process is in fact properly that EPA had proposed an indicates that cyanide wastes which are an industrial furnace under § 260.10, amendment to § 268.9 of the rules treated by combustion are not being and is therefore already considered part which would have the effect of diluted impermissibly. This issue of of the definition of CMBST. subjecting all listed wastes which also whether metals are being dispersed EPA also notes that the new CMBST exhibit a characteristic of hazardous would be addressed through substantive standard requires that wastes be waste to evaluate whether the waste controls on the combustion unit. thermally treated in units that either are contains underlying hazardous subject to subtitle C standards, or, in constituents not covered by the 4. Table of Inorganic Metal Bearing cases where non-hazardous but treatment standard for the listed waste, Wastes prohibited wastes are being thermally and if so, to treat for them. See 60 FR The table being promulgated in 40 treated, in accordance with applicable at 11741. EPA agrees with the CFR part 268, Appendix XI today technical operating requirements. This commenters that this provision is indicates the list of waste codes for situation could arise, for example, if a unnecessary and is not adopting it. (In which EPA regulates only metals and/or decharacterized waste were then being fact, the Agency did not intend any far- cyanides that would be affected by this thermally treated. Such a waste need reaching change in proposing the proposed rule. Except for P122, this list not be managed in a hazardous waste revised language.) The provision is is identical to the list originally combustion unit. The regulatory unnecessary because EPA already published in the aforementioned Policy language makes clear that non- evaluated which hazardous constituents Statement on this subject. The Agency hazardous waste combustion units can are present in listed wastes at the time is removing P122 (Zinc Phosphide be utilized. In fact, the predecessor to of developing the treatment standards greater than 10%) from the list of the CMBST standard—INCIN—allowed (any of the Background Documents restricted inorganic metal-bearing nonhazardous incinerators to be an supporting the treatment standards wastes, because the Agency has eligible type of unit because the INCIN indicates the sampling done, and that previously promulgated a treatment standard allowed burning in units the sampling encompassed the whole standard of INCIN for the subject to applicable emissions range of hazardous constituents nonwastewater forms of this waste. See standards, which standards did not potentially present). There is no need to 40 CFR 268.40. The policy memo was in necessarily have to include subtitle C duplicate this effort. Consequently, the error on this point. EPA wishes to standards (59 FR 48002, Sept. 19, 1994, Agency is not amending § 268.9(b). clarify that this dilution prohibition is and 60 FR 242, June 3, 1995). This Other commenters pointed out that limited to the 51 waste codes in this language was omitted inadvertently the proposed changes to the de minimis table. In addition, if an Appendix IX from the CMBST standard, and is being exemption in § 268.1(e)(4)(i) (see 60 FR waste meets any of the six criteria restored in today’s rule. 11740) inadvertently omitted the discussed above, it would be language which states that de minimis E. Clean Up of 40 CFR Part 268 permissible to combust the waste losses are not prohibited. That language despite the fact that it is an Appendix EPA is finalizing changes to the LDR has been put back into the final rule IX waste. program to achieve the goal of language. simplified regulations. D. Expansion of Treatment Options VII. Capacity Determinations That Will Meet the LDR Treatment 1. Section 268.8 Standard ‘‘CMBST’’ A. Introduction Because treatment standards for all EPA is modifying the treatment scheduled wastes were promulgated in This section summarizes the results of standard expressed as INCIN, which the Third Third rule in 1990, the § 268.8 the capacity analysis for the wastes specifies hazardous waste incineration, ‘‘soft hammer’’ requirements are no covered by this rule. For background to CMBST, which allows combustion in longer necessary. Therefore, § 268.8 is information on data sources, incinerators, boilers and industrial removed from part 268. methodology, and a summary of each furnaces. EPA also solicited comment analysis, see the Background Document on whether the Catalytic Extraction 2. Sections 268.10–268.12 for Capacity Analysis for Land Disposal Process, for which Molten Metal The purpose of Subpart B of 268 was Restrictions, Phase III—Decharacterized Technology received a determination of to set out a schedule for hazardous Wastewaters, Carbamate Wastes, and equivalent treatment under § 268.42(b), wastes by the date when treatment Spent Potliners, found in the docket for should also be allowed for all wastes standards were to be established. today’s rule. For EPA’s responses to which have a treatment standard of Deadlines in all three of these sections capacity-related comments, see the CMBST, and whether there are other were met on time, and the wastes are Response to Capacity-Related technologies which are equivalent to subject to treatment standards. Comments Received on the Phase III Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15589

Land Disposal Restrictions Rulemaking, Land Disposal Restrictions Rulemaking reexamined its estimates of both also found in the docket for today’s rule. background document provides a available and required capacity. EPA In general, EPA’s capacity analysis detailed discussion of the capacity- found that adequate treatment capacity methodologies focus on the amount of related comments on decharacterized does exist for K088 wastes, although the waste to be restricted from land disposal wastewaters and EPA’s response to amount of treatment capacity appears to that is currently managed in land-based them. be just adequate to accommodate units and that will require alternative To assess the quantity of D003 wastes demand. However, some of the facilities treatment as a result of the LDRs. The that could be affected by the rule other capable of treating these wastes may quantity of wastes that are not managed than those wastes managed in CWA and require pretreatment such as grinding or in land-based units (e.g., wastewaters CWA-equivalent systems, EPA extracted crushing prior to accepting the waste. In managed only in RCRA exempt tanks, information from the 1993 Biennial order to allow facilities generating K088 with direct discharge to a POTW) is not Reporting System (BRS) on the adequate time to work out logistics such included in the quantities requiring generation and management of D003 as transportation, pretreatment capacity, alternative treatment as a result of the wastes. According to the BRS, and contracting for treatment capacity, LDRs. Also, wastes that do not require approximately 2.2 million tons of D003 EPA has decided to grant a nine-month alternative treatment (e.g., those that are wastewaters are currently deepwell national capacity variance for these currently treated using an appropriate injected, 650 tons of D003 wastes—the time at which EPA treatment technology) are not included nonwastewaters are managed through estimates existing treatment capacity in these quantity estimates. land application, and 17,600 tons of will be available as a practical matter. A EPA’s decisions on whether to grant D003 nonwastewaters are managed in detailed discussion of the final capacity a national capacity variance are based ‘‘other’’ disposal units (not specified in analysis is provided in the Background on the availability of alternative the BRS). These wastes may require Document for Capacity Analysis for treatment or recovery technologies. additional treatment in order to meet Land Disposal Restrictions, Phase III— Consequently, the methodology focuses the LDRs. In addition, some D003 waste Decharacterized Wastewaters, on deriving estimates of the quantities that may be affected by the rule may not Carbamate Wastes, and Spent Potliners of waste that will require either be reported in the BRS, because these and EPA’s responses to the individual commercial treatment or the wastes may not be considered comments on the K088 capacity analysis construction of new on-site treatment hazardous by the generator once they are provided in the Response to systems as a result of the LDRs— have been decharacterized. Although Capacity-Related Comments Received quantities of waste that will be treated EPA believes that in general there is on the Phase III Land Disposal adequately either on site in existing adequate treatment capacity for these Restrictions Rulemaking, both of which systems or off site by facilities owned by wastes, such capacity may not be are in the docket for today’s rule. the same company as the generator (i.e., immediately available. Therefore, EPA EPA has determined that there is captive facilities) are omitted from the is granting a 90-day capacity variance adequate alternative treatment capacity required capacity estimates. for D003 wastes that are impacted by the available for the 4,500 tons of carbamate B. Capacity Analysis Results Summary rule and are not managed in CWA and wastes generated each year and is CWA-equivalent systems in order to therefore not granting a national For the decharacterized ICR and TC allow facilities time to determine capacity variance for these wastes. wastes managed in CWA, CWA- whether their wastes are affected by this The quantities of radioactive wastes equivalent, and Class I injection well rule, and identify and locate alternative mixed with wastes included in today’s systems, EPA estimates that between 85 treatment capacity if necessary. rule are generated primarily by the U.S. and 500 million tons per year (estimated EPA estimates that approximately Department of Energy (DOE). EPA at end-of-pipe) will be affected as a 105,000—130,000 tons of newly listed estimates that 820 tons of high-level result of today’s rule. EPA believes that wastes included in today’s rule will waste and 360 tons of mixed low-level many affected facilities need time to require alternative treatment. In waste that may be affected by this build treatment capacity for these particular, approximately 4,500 tons of proposal will be generated annually by wastes, as wastewater volumes generally carbamate wastes (K156–K161, P127, DOE. In addition, there are currently make off-site treatment impractical. P128, P185, P188–P192, P194, P196– 7,000 tons of high-level waste, 10 tons Thus, EPA has determined that P199, P201–P205, U271, U277–U280, of mixed transuranic waste, and 2,700 sufficient alternative treatment capacity U364–U367, U372, U373, U375–U379, tons of mixed low-level waste in storage is not available, and today is granting a U381–U387, U389–U396, U400–U404, that may be affected by this rule. DOE two-year national capacity variance for U407, U409–U411) will require currently faces treatment capacity decharacterized wastewaters. alternative treatment. In addition, shortfalls for high-level wastes and Commenters to the rule generally 100,000—125,000 tons (not including mixed transuranic wastes. Although supported EPA’s decision to grant a contaminated media) of spent DOE does have some available treatment national capacity variance for aluminum potliners (K088) will require capacity for mixed low-level wastes, decharacterized wastes managed in alternative treatment capacity. most of this capacity is limited to CWA, CWA-equivalent, and Class I EPA received a number of comments treatment of wastewaters with less than injection well systems. Numerous other on its capacity analysis for K088 wastes. one percent total suspended solids and comments were received on issues such Most commenters disagreed with EPA’s is not readily adaptable for other waste as those associated with the definition proposal not to grant a capacity variance forms. DOE has indicated that it will of point of generation for ICR and TC for K088 wastes. Specifically, these generally give treatment priority to wastewaters and the applicability of commenters believe that EPA mixed wastes that are already restricted today’s rule to wastewater management overestimated the quantity of available under previous LDR rules. Therefore, units other than surface impoundments, capacity and underestimated the EPA is granting a two-year national such as stormwater impoundments, quantity of required capacity. In capacity variance to radioactive wastes sumps, sewers, and trenches. The performing the capacity analysis for the mixed with the hazardous wastes Response to Capacity-Related final rule, EPA considered all of the affected by today’s rule. Commenters to Comments Received on the Phase III issues raised by the commenters and the proposed rule supported EPA’s 15590 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations decision to grant a national capacity promulgating LDR standards. For each granting a three-month national capacity variance for these wastes. code, this table indicates whether EPA variance for all wastes in this rule to Table 1 lists each RCRA hazardous is granting a national capacity variance handle logistical problems associated waste code for which EPA is today for land-disposed wastes. Also, EPA is with complying with the new standards.

TABLE 1.ÐVARIANCES FOR NEWLY LISTED AND IDENTIFIED WASTES

1 Surface-dis- Deepwell-in- Waste description posed wastes jected wastes

Ignitable and corrosive wastes managed in CWA or CWA-equivalent systems, or SDWA (D001 and D002) ...... 2 Years ...... 2 Years. Reactive wastes managed in CWA or CWA-equivalent systems, or SDWA (D003) ...... 2 Years ...... 2 Years. Reactive wastes not managed in CWA or CWA-equivalent systems, or SDWA (D003) ...... 3 Months ...... 3 Months. Newly identified pesticide wastes managed in CWA or CWA-equivalent systems, or SDWA (D012±D017) ...... 2 Years ...... 2 Years. Newly identified TC organic wastewaters managed in CWA or CWA-equivalent systems, or SDWA (D018±D043) 2 Years ...... 2 Years. Spent aluminum potliners (K088) ...... 9 Months ...... 3 Months. Carbamate production wastes (K156±K161, P127, P128, P185, P188±P192, P194, P196±P199, P201±P205, 3 Months ...... 3 Months. U271, U277±U280, U364±U367, U372, U373, U375±U379, U381±U387, U389±U396, U400±U404, U407, U409±U411) mixed radioactive wastes 2. 1 Includes soil and debris contaminated with each waste. 2 The variance determinations listed apply only to radioactive wastes mixed with decharacterized D001±D003 or newly identified D012±D017 wastes managed in CWA and CWA-equivalent systems; to radioactive wastes mixed with newly identified TC organic wastewaters; and to radio- active wastes mixed with spent aluminum potliners, or carbamate production wastes.

VIII. State Authority 6924(d) through (k), and 6924(m)). proposal to the LDR Phase IV rule (61 Therefore, the Agency is adding today’s FR 2358, 2365, January 25, 1996)). A. Applicability of Rules in Authorized States rule to Table 1 in 40 CFR 271.1(j), which Although EPA is firmly committed to identifies the Federal program streamlining the RCRA State Under section 3006 of RCRA, EPA requirements that are promulgated authorization procedures, the Agency may authorize qualified States to pursuant to HSWA. States may apply for has decided not to finalize the proposed administer and enforce the RCRA final authorization for the HSWA Category 1 authorization procedures for program within the State. Following provisions in Table 1, as discussed in parts of the Phase III rule today’s notice. authorization, EPA retains enforcement the following section of this preamble. EPA believes that public comments authority under sections 3008, 3013, Table 2 in 40 CFR 271.1(j) is also from both the August 22 proposal and and 7003 of RCRA, although authorized modified to indicate that this rule is a comments submitted for the recent States have primary enforcement self-implementing provision of HSWA. HWIR-contaminated media proposal responsibility. The standards and should be considered before finalizing requirements for authorization are B. Abbreviated Authorization new procedures for authorization. This found in 40 CFR Part 271. Procedures for Specified Portions of full consideration will enable EPA to Prior to HSWA, a State with final Today’s Rule make the best decision regarding how authorization administered its the authorization process should work. On August 22, 1995, EPA proposed in hazardous waste program in lieu of EPA EPA intends to finalize both the administering the Federal program in the Phase IV LDR notice an abbreviated Category 1 and Category 2 procedures at that State. The Federal requirements no authorization procedure that would also the same time. longer applied in the authorized State, be used for certain parts of the Phase III C. Effect on State Authorization and EPA could not issue permits for any LDR rule that are minor in nature (EPA facilities that the State was authorized also proposed to use this procedure for Because today’s Phase III LDR rule is to permit. When new, more stringent the Universal Treatment Standards being promulgated under HSWA Federal requirements were promulgated (UTS) in the Phase II rule). This authority, those sections of today’s rule or enacted, the State was obliged to procedure is designed to expedite the that expand the coverage of the LDR enact equivalent authority within authorization process by reducing the program (e.g., to newly identified specified time frames. New Federal scope of a State’s submittal, for wastes) would be implemented by EPA requirements did not take effect in an authorization to a State certification and on the effective date of today’s rule in authorized State until the State adopted copies of applicable regulations and authorized States until their programs the requirements as State law. statutes. EPA would then conduct a are modified to adopt these rules and In contrast, under RCRA section short review of the State’s request, the modification is approved by EPA. 3006(g) (42 U.S.C. 6926(g)), new primarily consisting of a completeness However, some of today’s regulatory requirements and prohibitions imposed check (see 60 FR 43686 for a full amendments are neither more or less by HSWA take effect in authorized description of the proposed procedures). stringent than the existing Federal States at the same time that they take The parts of the Phase III rule to which requirements. EPA clarified in a effect in unauthorized States. EPA is the streamlined authorization December 19, 1994, memorandum directed to carry out these requirements procedures would be applicable are: (1) (which is in the docket for today’s rule) and prohibitions in authorized States, treatment standards for newly listed that EPA would not implement the including the issuance of permits, until wastes, (2) improvements to the existing Universal Treatment Standards the State is granted authorization to do land disposal restrictions program, and (promulgated under HSWA authority in so. (3) revisions and corrections to the the Phase II LDR rule) separately for Today’s rule is being promulgated treatment standards in §§ 268.40 and those States for which the State has pursuant to sections 3004(d) through 268.48. (Further discussion of this issue received LDR authorization. EPA views (k), and 3004(m), of RCRA (42 U.S.C. also is found in the supplemental any changes from the existing limits to Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15591 be neither more or less stringent since equivalent to these regulations in their treatment systems need to be augmented the technology basis of the standards application. The requirements a State with additional treatment steps, the has not changed. Accordingly, EPA will must meet when submitting its final incremental compliance costs for not implement the amendments to the authorization application are set forth in today’s rule could be as high as $1 UTS in today’s LDR Phase III rule for 40 CFR 271.3. million per affected facility. The Agency those states with LDR authorization. does not have adequate data to estimate IX. Regulatory Requirements Because today’s rule is promulgated how many, if any, facilities may require pursuant to HSWA, a State submitting a A. Regulatory Impact Analysis Pursuant modification to their treatment facilities. program modification may apply to to Executive Order 12866 The Agency did conduct a sensitivity receive interim or final authorization Executive Order No. 12866 requires analysis, considering the costs of the under RCRA section 3006(g)(2) or agencies to determine whether a rule under two scenarios: (1) Assuming 3006(b), respectively, on the basis of regulatory action is ‘‘significant.’’ The that 80 percent of the facilities comply requirements that are substantially Order defines a ‘‘significant’’ regulatory with the rule by obtaining permit equivalent or equivalent to EPA’s. The action as one that ‘‘is likely to result in modifications and 20 percent comply by procedures and schedule for State a rule that may: (1) have an annual treating their wastes, and, (2) assuming program modifications for final effect on the economy of $100 million that 60 percent comply by obtaining authorization are described in 40 CFR or more or adversely affect, in a material permit modifications and 40 percent 271.21. It should be noted that all comply by treating their wastes. Based way, the economy, a sector of the HSWA interim authorizations will on the first scenario, the estimated economy, productivity, competition, expire January 1, 2003. (See § 271.24 annualized costs of the rule would range jobs, the environment, public health or and 57 FR 60132, December 18, 1992.) from $6.6 million to $18.2 million. safety, or State, local, or tribal Section 271.21(e)(2) requires that Based on the second scenario, the governments or communities; (2) create States with final authorization must estimated annualized costs would range serious inconsistency or otherwise modify their programs to reflect Federal from $12.9 million to $35.7 million. For interfere with an action taken or program changes and to subsequently newly listed wastes, the costs are planned by another agency; (3) submit the modification to EPA for substantially higher and will be materially alter the budgetary impact of approval. The deadline by which the incurred each year. These costs range State would have to modify its program entitlements, grants, user fees, or loan from approximately $11.9 million to to adopt these regulations is specified in programs or the rights and obligations of $47.3 million and are attributable to § 271.21(e). This deadline can be recipients; or (4) raise novel legal or thermal treatment of aluminum potliner extended in certain cases (see policy issues arising out of legal wastes (K088). Therefore, today’s rule § 271.21(e)(3)). Once EPA approves the mandates, the President’s priorities, or may be considered an economically modification, the State requirements the principles set forth in the Executive significant rule. Because today’s rule is become Subtitle C RCRA requirements. Order.’’ significant, the Agency analyzed the The Agency estimated the costs of States with authorized RCRA costs, economic impacts, and benefits. programs may already have today’s rule to determine if it is a This section of the preamble for requirements similar to those in today’s significant regulation as defined by the today’s rule provides a discussion of the rule. These State regulations have not Executive Order. The analysis considers methodology used for estimating the been assessed against the Federal compliance cost and economic impacts costs, economic impacts and the regulations being proposed today to for both characteristic wastes and newly benefits attributable to today’s rule, determine whether they meet the tests listed wastes affected by this rule. For followed by a presentation of the cost, for authorization. Thus, a State is not characteristic wastes, the potential cost economic impact and benefit results. authorized to implement these impacts of this rule depend on whether More detailed discussions of the requirements in lieu of EPA until the facilities’ current wastewater treatment methodology and results may be found State program modifications are systems will meet the UTS levels or if in the background document, approved. Of course, states with existing additional treatment will be required. If ‘‘Regulatory Impact Analysis of the standards could continue to administer current treatments are adequate, Land Disposal Restrictions Final Rule and enforce their standards as a matter facilities will only incur administrative for the LDR Phase III Newly Listed and of State law. In implementing the costs to have their permits revised as Identified Wastes,’’ which has been Federal program, EPA will work with well as on-going monitoring costs. In placed in the docket for today’s rule. States under agreements to minimize general, the Agency expects that duplication of efforts. In most cases, facilities will seek permit modifications, 1. Methodology Section EPA expects that it will be able to defer treatability variances, or certification of In today’s rule, the Agency is to the States in their efforts to adequate POTW treatment because these establishing treatment standards for the implement their programs rather than compliance options can be implemented following wastes: end-of-pipe standards take separate actions under Federal at much lower cost than the option for ignitable, corrosive, and reactive authority. requiring treatment to UTS levels. EPA (ICR) wastewaters managed in CWA, States that submit official applications estimates the total annualized costs of CWA-equivalent systems, and UIC for final authorization less than 12 the rule for these wastes would range wells; Toxicity Characteristic pesticide months after the effective date of these from approximately $197,000 to (D012–17) and organic (D018–43) regulations are not required to include $598,000, of which $154,000 to wastewaters managed in CWA, CWA- standards equivalent to these $425,000 would be incurred at the 28 to equivalent systems, and UIC wells; and regulations in their application. 73 potentially affected facilities in the newly listed wastes from two However, the State must modify its organic chemical industry, and industries—spent aluminum potliners program by the deadline set forth in approximately $43,000 to $173,000 and carbamates. § 271.21(e). States that submit official would be incurred at the 8 to 30 a. Methodology for Estimating the applications for final authorization 12 potentially affected facilities in the Affected Universe. In determining the months after the effective date of these petroleum refining industry. However, costs, economic impacts, and benefits regulations must include standards at the high end, if current wastewater associated with today’s rule, the Agency 15592 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations estimated the volumes of waste affected Systems, (ii) Newly Listed Wastes, (iii) expenditures for each industry, (3) by today’s rule. The procedure for Testing and Recordkeeping Costs. historic revenues, and (4) historic estimating the volumes of ICR waste and i. ICR and TC Pesticide and Organic average pollution abatement and control TC organic and pesticide waste, and Wastes Managed in CWA and CWA- expenditures (PACE) to determine the newly listed wastes affected by today’s Equivalent Systems. The Agency economic impacts. However, the rule is summarized below. employed the following approach to Agency was unable to examine the First, the Agency examined all estimate the incremental costs for the impacts on a facility-specific basis due industries which might be likely to ICR and TC wastes. First, using to lack of data. Therefore, the impacts produce wastes covered under today’s information available on the affected are assessed on an industry-specific standards. Through reviewing industries, the Agency created average- basis. comments to the Supplemental Notice sized model facilities for each industry. d. Benefits Methodology. The of Data Availability published by the Second, for a given model facility in an approach for estimating benefits Agency in 1993, reviewing runs from affected industry, the Agency used associated with today’s rule involves the Biennial Reporting System (BRS) of available unit cost data to develop costs three components: (i) estimation of volumes generated from particular for the baseline management practices pollutant loadings reductions, (ii) industry sectors, as well as discussions (usually treatment in surface estimation of reductions in exceedances with industry, and discussions with the impoundments followed by discharge of health-based levels, and, (iii) Office of Water at EPA HQ, the Agency into receiving waters through a NPDES qualitative description of the potential narrowed it down to 16 industries permit). Third, the Agency used data on benefits. The benefits assessment is which would potentially have the constituents and waste quantities for based upon the waste quantity and significant volumes of wastewater each industry, where applicable, to concentration data collected for the cost affected by today’s rule. determine the necessary treatment analysis. This incremental assessment Using a host of databases and/or required to reduce to UTS levels the focuses upon reductions in toxic sources, the Agency collected data on constituents present. Fourth, the Agency concentrations at the point of discharge the quantities, constituents, and used unit costs to develop costs for the and does not consider any potential concentrations of the volumes affected post-regulatory management practices benefits resulting from reductions in air from each of the 16 industries. In for the treatment requirements emissions or impacts on impoundment addition, the Agency gathered any data determined in the third step. Fifth, leaks and sludges which may occur as on current management practices, plant subtracting the baseline from the post- part of treating wastes to comply with design, etc. The following sources were regulatory costs for an average facility in the LDRs. It is expected that additional used: Toxic Release Inventory (TRI), an industry sector and using the data treatment to comply with the LDRs may Section 308 data from the Office of available on the number of facilities result in risk reductions from air Water, Industrial Studies Database affected within each industry, the emissions, leaks, and sludges. (ISDB), 1991 Biennial Reporting System Agency was able calculate the EPA has conducted an assessment of (BRS), primary summary and incremental cost for a given industry. the benefits related to the effects of the development documents data from Sixth, summing costs across affected rule on newly listed spent aluminum effluent guidelines, TCRIA documents, industries, the Agency determined the potliners. These benefits depend on the data gathered in the capacity analysis incremental cost for the rule for the end- incremental risk reductions that may performed for today’s rule, as well as of-pipe treatment standards. result from treatment of the wastes. In comments from potentially affected ii. Newly Listed Wastes. The costs for conducting the risk assessment for spent industries. treatment of spent aluminum potliners aluminum potliners, EPA improved The Agency obtained volume (K088) and carbamate wastes (K156– upon the fate and transport modeling information for the newly listed 161) will be determined using data from approach used in the RIA. Specifically, wastes—spent aluminum potliners the listings on baseline management in the RIA, EPA applied generic (K088) and carbamate wastes (K156– practices, judgment on the technology(s) dilution/attenuation factors (DAFs) 161)—from the listing documents required to meet the UTS standards for (which did not reflect constituent- prepared for these wastes during the these wastes, and available unit cost specific fate and transport processes, listing procedure. data. site-specific hydrogeological conditions, b. Cost Methodology. The cost iii. Testing and Recordkeeping Costs. or waste characterization data) to relate analysis estimates the national level Testing and recordkeeping costs, the concentration of contaminants in the incremental costs which will be including costs that facilities will incur leachate to their concentration in a incurred as a result of today’s rule. The for ensuring that hazardous constituents down-gradient well. Instead, EPA used cost estimates for both the baseline and in characteristic waste are meeting new its Composite Model for Leachate post-regulatory scenarios are calculated treatment standards and costs associated Migration and Transformation Products employing: (i) the facility wastestream with permit modifications will be based (EPACMTP) to perform constituent- volume, (ii) the management practice upon an average, one-time testing cost, specific fate and transport modeling. A (baseline or post-regulatory) assigned to on-going monitoring costs, and an summary of the analysis can be found that wastestream, and (iii) the unit cost Information Collection Request, in the Addendum to the RIA placed in associated with that practice. Summing respectively. the docket for this rule. EPA data the costs for all facilities produces the c. Economic Impact Methodology. indicate that approximately 120,000 total costs for the given waste and The economic effects of today’s rule are metric tons of spent aluminum potliners scenario. Subtracting the baseline cost defined as the difference between the are generated annually. EPA has not from the post-regulatory cost produces industrial activity under post-regulatory conducted an assessment of the benefits the national incremental cost associated conditions and the industrial activity in related to the effects of the rule on with today’s rule for the given waste. the absence of regulation (i.e., baseline newly listed carbamate wastes. Because The cost methodology section conditions). the Agency expects facilities to comply includes three sub-sections: (i) ICR and The Agency used (1) historic average with LDRs through permit TC Pesticide and Organic Wastes capital expenditures for each industry, modifications, and because the quantity Managed in CWA and CWA-Equivalent (2) historic average operating of waste is very small, benefits for Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15593 newly listed carbamate wastes are volumes affected by the LDR Phase III the benefits associated with today’s rule expected to be minimal. rule. For newly listed wastes, the to be small. Assuming facilities comply i. Estimation of Pollutant Loadings analyses supporting the listing with the rule by treating their affected Reductions. An incremental approach determination showed about 4,500 wastestreams, loadings reductions was used to estimate reductions in metric tons of carbamate wastes and estimates range between 1,527 to 21,322 pollutant loadings. For the baseline 118,000 metric tons of spent aluminum metric tons per year at 129 to 291 scenario, contaminant concentrations potliners are potentially affected by this facilities (direct and indirect were based upon data or estimates of rule. dischargers) involving 175 to 647 current effluent discharge concentration b. Cost Results. For characteristic constituent/wastestream combinations. levels. For the post-regulatory scenario, wastes, the potential cost impacts of this Ninety-eight percent of the reductions concentration levels were assumed to rule depend on whether facilities’ occur at organic chemicals facilities, equal UTS levels. current wastewater treatment systems with the remainder occurring at ii. Estimation of Reductions in will meet the UTS levels or if additional petroleum refiners. Estimated loadings Exceedances of Health-Based Levels. treatment will be required. If current reductions for direct dischargers range The methods used for evaluating the treatments are adequate, facilities will between 36 and 267 tons per year, benefits associated with cancer and only incur administrative costs to have representing between 0.03 and 0.2 noncancer risk reductions resulting their permits revised. EPA estimates the percent of total Toxic Release Inventory from the rule entail comparing total annualized costs of the rule for (TRI) chemical loadings to surface constituent concentration levels to these wastes would range from waters. For indirect dischargers, health-based standards to evaluate approximately $197,000 to $598,000, of estimated loadings reductions range whether implementation of the rule which $154,000 to $425,000 would be between 1,491 and 21,055 metric tons reduces concentration levels below incurred at the 28 to 73 potentially per year, representing between 0.8 and levels that pose risk to human health. affected facilities in the organic 11.0 percent of total TRI chemical To estimate benefits from cancer risk chemical industry, and approximately loadings transferred to POTWs. Based reductions resulting from the rule, a $43,000 to $173,000 would be incurred upon the results of the screening and simple screening analysis was at the 8 to 30 potentially affected more detailed risk assessments, the performed. This analysis compared facilities in the petroleum refining estimated baseline risks associated with contaminant concentrations for the industry. However, at the high end, if nine to twenty wastestreams (out of the baseline and post-regulatory scenario to current wastewater treatment systems health-based levels for carcinogens. need to be augmented with additional 155 to 404 constituent/wastestream Further analysis may be undertaken to combinations potentially affected by the treatment steps, the incremental ¥6 quantify benefits associated with compliance costs could be as high as $1 rule) exceed 10 under baseline facility/ wastestream combinations million per affected facility. The Agency conditions and three to six wastestreams identified in the contaminant does not have adequate data to estimate with noncancer risk levels exceeding concentration comparisons. how many, if any, facilities may require reference doses. These 12 to 26 Benefits associated with reductions in modification to their treatment facilities. wastestreams contain one of five non-cancer exceedances are estimated The Agency continues to request constituents: aniline (9 to 19 based upon comparisons of contaminant comment and data on how often wastestreams), acrylamide (0 to 1 concentration levels in effluent additional treatment may be required. wastestream), pyridine (2 waststreams), discharges of the affected wastestreams For newly listed wastes, the costs are barium compounds (1 wastestream), and to the reference health levels. These substantially higher and will be acetonitrile (0 to 2 wastestreams). For benefits are expressed in terms of the incurred each year. These costs range these 12 to 26 wastestreams, EPA number of exceedances of health-based from approximately $11.9 million to conducted a more detailed risk levels under the baseline scenario $47.3 million and are attributable to assessment, using site-specific data. compared to the number of exceedances thermal treatment of aluminum potliner Results of the more detailed risk under the rule. wastes (K088). The Agency requests assessment indicate that the benefits iii. Qualitative Description of the comment on where industry falls within from the rule are small. EPA identified Potential Benefits. A qualitative this range. four wastestreams potentially posing assessment of potential benefits likely to c. Economic Impact Results. The cancer risk exceeding the threshold risk result from the rule is used where data Agency has estimated the economic levels. Three wastestreams pose are limited. The Agency acknowledges impacts of today’s rule to represent less baseline cancer risk ranging from 1 × limited data availability in developing than one percent of historic pollution 10¥5 to 1 × 10¥4 (due to exposure to waste volumes affected, constituents, control and operating costs for the aniline) which potentially would be concentrations, cost estimates, organic chemical and petroleum reduced to between 8 × 10¥8 and 3 × economic impacts, and benefits refining industries. However, for those 10¥6 under the LDR Phase III rule. A estimates for the LDR Phase III facilities that may need to treat to UTS fourth wastestream containing rulemaking. The Agency continues to to comply with today’s rule, costs could acrylamide poses baseline cancer risk at request comment from industry be more significant. The estimated a level of 2 × 10¥3. The rule is estimated regarding constituents, concentrations, compliance costs for treating newly to reduce this risk to between 2 × 10¥4 waste volumes, and current listed spent aluminum potliners and 4 × 10¥36. All four of these management practices. represents 40 percent of pollution wastestreams are discharged to POTWs; control operating costs for aluminum if POTW treatment removes these 2. Results reducers; however, treatment costs constituents from the wastewater prior a. Volume Results. The Agency has represent only one percent of total to discharge to surface water and/or if estimated the volumes of formerly historic operating costs. no drinking water intake is located characteristic wastes potentially affected d. Benefit Estimate Results. The downstream from the POTW’s outfall, by today’s rule to total in the range of Agency expects facilities to comply with baseline risks will be lower. The Agency 33.5 to 500 million metric tons. The the LDRs through permit modifications. expects facilities to comply with the Agency requests comment on waste As a result, the Agency has estimated LDRs through permit modifications; 15594 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations however, additional treatment may disposal, or file no migration petitions therefore, EPA cannot estimate these result in potentially significant risk as outlined in the UIC regulations in 40 costs savings at this time. reduction. CFR Part 148 (See 53 FR 28118, July 26, For Class I facilities opting to use EPA performed constituent-specific 1988, preamble for a mote thorough alternative treatment, the Agency fate and transport modeling using its discussion of the no migration petition derived costs for both treating wastes EPACMTP to further assess cancer and review process). Additional options for on-site, and/or shipping wastes and noncancer risks of spent aluminum compliance with the final Phase III treating them off-site at a commercial potliners. Using these additional data, LDRs, including a de minimis facility. However, EPA believes that the EPA assessment of baseline risks exemption and a pollution prevention segregation and transportation of large indicates that individual lifetime cancer option discussed in detail elsewhere in volumes of liquid wastes off-site is not risks increase to about 10¥6 under this rule and in the final UIC RIA. very practical or cost-effective. This central tendency assumptions and 10¥3 Of the newly affected Class I facilities, makes the off-site treatment scenario, at under high-end assumptions. In 38 already have no migration best, a highly conservative analysis and addition, the new estimates suggest that exemptions approved by EPA, but they in actuality, a least likely and therefore under high-end assumptions, baseline may be required to submit a petition discountable scenario. EPA expects that concentrations in drinking water may be modification to EPA due to the Phase III all injection facilities will opt for the high enough to present noncancer risks; rule unless their original petition most cost-effective approach in previously, noncancer risks were already addressed affected Phase III complying with the Phase III final rule estimated to be negligible. wastes, including underlying hazardous and they will either submit a no Consequently, the benefits of regulating constituents in decharacterized wastes. migration petition or treat their wastes spent aluminum potliners are higher In the cases where the petition already on-site. EPA also assumes that non- than previously estimated. Under covers all hazardous wastes and commercial facilities will segregate central tendency assumptions, underlying hazardous constituents in wastes for treatment on-site, whereas individual lifetime cancer risks the injected waste stream (i.e., the commercial facilities will find it more resulting from current waste injectate that was evaluated during the cost effective to not segregate LDR Phase management practices are slightly no migration petition process has not III wastes. For the final rule, EPA higher than post-regulatory risks (10¥6 changed), no further Agency review of estimates that the total annual versus less than 10¥6); some these petitions is necessary. For the compliance cost for petitions and incremental benefits may therefore be facilities which do not have approved alternative on-site treatment to industry realized as a result of the LDRs. Under no migration exemptions, the rule will affected by the new LDR Phase III high-end assumptions, however, the add compliance costs to those incurred prohibitions will range between $32.91 regulation could reduce cancer risks by as a result of previous rulemakings. The million to $34.08 million per year. The one or two order of magnitude, while Agency analyzed costs and benefits for average annual compliance costs per noncancer risks could be eliminated. the final Phase III rule using the same affected facility employing on-site Although population risks would also approach and methodology developed alternative treatment were $217,500. be reduced correspondingly, EPA is in the Regulatory Impact Analysis of the The range of costs for alternative unable to specify the magnitude of the Underground Injection Control Program: treatment is the result of applying a exposed population. Proposed Hazardous Waste Disposal sensitivity analysis. Only the Injection Restriction (53 FR 28118) and incremental treatment costs for the new B. Regulatory Impact Analysis for subsequent LDR rulemaking. An waste listings are calculated in this RIA. Underground Injected Wastes analysis was performed to assess the All of these costs will be incurred by The Agency has completed a separate economic effect of associated Class I injection well owners and regulatory impact analysis for compliance costs for the additional operators. The average annual underground injected wastes affected by volumes of injected wastes attributable compliance costs per affected facility the LDR Phase III final rule. This to this rule. employing on-site alternative treatment analysis describes the regulatory In general, Class I injection facilities were $217,500. The total annual impacts only to the Class I injection affected by the LDR Phase III rule have compliance costs for the 154 potentially well universe. The new Phase III LDRs several options. As previously outlined, affected facilities would therefore be cover decharacterized ICR and TC some facilities will modify existing no $33.4 million. These figures were organic wastes, and other newly- migration petitions already approved by derived by applying the probability of identified hazardous wastes that are the Agency, others may submit entirely certain outcomes occurring, via the distinctly industrial wastes injected by new petitions, and still others may decision tree methodology described in owners and operators of only Class I accept the prohibitions and either the RIA, to the costs associated with hazardous and non-hazardous injection continue to inject treated wastes or those outcomes for each affected wells. cease injection operations altogether. facility. According to the available data And some facilities with approved Additionally, as part of the RIA outlined in the RIA, our best estimate petitions already addressing Phase III analysis, the costs associated with three indicates that of the 223 Class I injection wastes will have no or little additional differing scenarios also were derived. facilities in the nation, up to 154 compliance costs. EPA assessed These scenarios are represented by (1) a facilities will be affected by the new compliance costs for Class I facilities minimum case, where all facilities incur Phase III LDRs. Of these facilities, 100 submitting no migration petitions, only petition costs, (2) a mid-line case, inject nonhazardous waste and 54 inject employing alternative treatment, and/or where all facilities incur treatment costs hazardous waste. Combined, these implementing pollution prevention (commercial facilities treat on-site with facilities inject approximately 18 billion measures. Although facilities using no waste segregation while non- gallons of waste annually into Class I pollution prevention/waste commercial facilities chose the least wells. These Class I injection wells will minimization to comply with the Phase cost treatment option), and a maximum now be required to either treat wastes III LDRs will likely lower overall case, where all facilities incur both onsite, segregate and ship affected regulatory compliance costs, these petition and treatment costs. Costs wastes offsite for treatment and situations are site-specific and, associated with these scenarios range Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15595 from $3.67 million per year for all certain wells that cannot satisfy the no- hazardous waste as the limit below facilities incurring only petition costs to migration standard and indeed may not which one is exempted from complying $132.62 million per year for all facilities be suitable for Class I injection in any with the RCRA standards. incurring both petition and treatment case. This proved to be true for Class I Given these two factors, the Agency costs. Based on past EPA experience, hazardous wells. However, was unable to frame a series of small there is little probability that all notwithstanding this potential benefit, entity options from which to select the facilities will arrive at each of these as noted in the early part of this lowest cost approach; rather, the Agency possible outcomes. However, this preamble, the Agency does not regard was legally bound to regulate the land indicated range provides an extreme this regulatory effort as deserving of the disposal of the hazardous wastes lower and upper bound estimate for priority afforded it, due to the litigation- covered in today’s rule without regard national compliance costs purposes. driven schedule and the D.C. Circuit’s to the size of the entity being regulated. The benefits to human health and the mandate, and would not be undertaking The Agency has, however, included environment in the RIA are generally the effort at this time were it not for that an exemption covering injection defined as reduced human health risk mandate and schedule. facilities where the decharacterized resulting from fewer instances of ground The economic analysis of LDR Phase portion of the injectate is minimal in water contamination. In general, III compliance costs suggests that absolute terms, as a percentage of the potential health risks from Class I publicly traded companies probably total injectate, and in hazardous injection wells are extremely low. will not be significantly affected. The constituent mass loadings. This de EPA conducted a quantitative limited data available for privately-held minimis exemption provides a measure assessment of the potential human companies suggests, however, that they of relief to both small and larger entities health risks associated with two well may face significant costs due to the satisfying its terms. malfunction scenarios. EPA developed a proportionally larger expenses they may D. Paperwork Reduction Act methodology described in the RIA to face due to the LDR Phase III rule. measure health risks of five Phase III The information collection contaminants: benzene, carbon C. Regulatory Flexibility Analysis requirements in this rule have been tetrachloride, chloroform, phenol, and Pursuant to the Regulatory Flexibility submitted for approval to the Office of toluene. The results of these analyses Act of 1980, 5 U.S.C. 601 et seq., when Management and Budget (OMB) under show that most of the cancer risks an agency publishes a notice of the Paperwork Reduction Act, 44 U.S.C. calculated are below the 1 × 10¥4 to 1 rulemaking, for a rule that will have a 3501 et seq. Four Information Collection × 10¥6 risk range generally used by EPA significant effect on a substantial Request (ICR) documents have been to regulate exposure to carcinogens. number of small entities, the agency prepared by EPA, as follows. OSWER Virtually all of the non-cancer risks are must prepare and make available for ICR No. 1442.12 would amend the below a hazard index (HI) of 1, which public comment a regulatory flexibility existing ICR approved under OMB represents a ratio used to compare the analysis that considers the effect of the Control No. 2050–0085. The additional relative health risks posed by rule on small entities (i.e.: small information requirements for the contaminants. Therefore, these cancer businesses, small organizations, and Underground Injection Control (UIC) and non-cancer risks calculated are small governmental jurisdictions). Program were submitted to OMB under below any levels of regulatory concern. Under the Agency’s Revised Guidelines ICR No. 0370.14; this will amend the Only two cancer risk estimates in the for Implementing The Regulatory existing UIC approval under OMB high end scenarios, those calculated for Flexibility Act, dated May 4, 1992, the Control No. 2040–0042. OSWER ICR No. benzene and carbon tetrachloride, Agency committed to considering 1442.12 and UIC ICR No. 0370.14 have slightly exceeded the risk range to regulatory alternatives in rulemakings not been approved by OMB and the regulate exposure to carcinogens. Only when there were any economic impacts information collection requirements in one hazard index calculated for carbon estimated on any small entities. (See those ICRs are not enforceable until tetrachloride exceeded EPA’s level of RCRA sections 3004 (d), (e), and (g)(5), OMB approves them. EPA will publish concern of a ratio greater than 1. which apply uniformly to all hazardous a document in the Federal Register However, these results were derived wastes.) Previous guidance required when OMB approves the information from a scenario where an abandoned regulatory alternatives to be examined collection requirements. Until EPA borehole (i.e. the ‘‘failure pathway’’) only when significant economic effects publishes a document displaying the was in very close proximity to the were estimated on a substantial number valid OMB control number, persons are injection well, substantial pumping of a of small entities. not required to respond to collections of drinking water well was occurring, and In assessing the regulatory approach information in these two ICRs. Two the local geology was typical of the for dealing with small entities in today’s amendments to National Pollutant highly transmissive East Gulf Coast rule, for both surface disposal of wastes, Discharge Elimination System (NPDES) Region. The assumptions used in the Agency considered two factors. ICRs were approved at proposal. These deriving these results were based on First, data on potentially affected small are ICR 0229.10 for the Discharge conservative, upper-bound estimates, entities are unavailable. Second, due to Monitoring Report, approved under therefore the cancer and non-cancer the statutory requirements of the RCRA OMB Control No. 2040–0004, and ICR risks represent worst-case estimates. LDR program, no legal avenues exist for 0226.11 for NPDES Applications, Considering the limitations imposed by the Agency to provide relief from the approved under OMB Control No. 2040– the failure scenarios, and the LDR’s for small entities. The only relief 0086. documented low probability of Class I available for small entities is the Copies of these ICRs may be obtained failures, the overall risks from failure of existing small quantity generator from Sandy Farmer, OPPE Regulatory Class I injection wells would be below provisions and conditionally exempt Information Division; U.S. regulatory concern. small quantity generator exemptions Environmental Protection Agency There also is a potential qualitative found in 40 CFR 262.11–12, and 261.5, (2136); 401 M St., S.W.; Washington, benefit to the no-migration process for respectively. These exemptions D.C. 20460 or by calling (202) 260–2740. Class I nonhazardous wells. It is basically prescribe 100 kilograms (kg) Include the ICR numbers in any request. possible that the process would uncover per calendar month generation of The information requirements for the 15596 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations

OSWER ICR and the UIC ICR are not the use of automated collection of 40 CFR Part 403 effective until OMB approves them. techniques to the Director, OPPE Reporting and recordkeeping The additional burden associated Regulatory Information Division; U.S. requirements, Waste treatment and with the OSWER ICR 1442.12 is as Environmental Protection Agency disposal, Water pollution control. follows. The overall annual burden for (2136); 401 M St., S.W.; Washington, DC the recordkeeping and reporting 20460; and to the Office of Information Dated: February 16, 1996. requirements is 4,202 hours. It is and Regulatory Affairs, Office of Carol M. Browner, expected that approximately 125 Management and Budget, 725 17th St., Administrator. respondents will be affected, therefore, N.W., Washington, D.C. 20503, marked For the reasons set out in the the annual recordkeeping and reporting ‘‘Attention: Desk Officer for EPA.’’ preamble, title 40, chapter I of the Code burden averages 33 hours per Include the ICR numbers in any of Federal Regulations is amended as respondent. This time is necessary to correspondence. follows: collect data, submit notifications and certifications to waste treaters and X. Unfunded Mandates Reform Act PART 148ÐHAZARDOUS WASTE disposers, and to maintain records of Under Section 202 of the Unfunded INJECTION RESTRICTIONS this information. The annual cost Mandates Reform Act of 1995, signed burden for this rule is approximately into law on March 22, 1995, EPA must 1. The authority citation for part 148 $177,045. Of this amount, it is estimated prepare a statement to accompany any continues to read as follows: that facilities will incur annual rule where the estimated costs to State, Authority: Secs. 3004, Resource operation and maintainence capital local, or tribal governments in the Conservation and Recovery Act, 42 U.S.C. costs of approximately $8,375. aggregate, or to the private sector, will 6901 et seq. The additional burden associated be $100 million or more in any one year. 2. Section 148.1 is amended by with the UIC Program, explained in ICR Under Section 205, EPA must select the revising paragraphs (a), (b) and (d) to 0370.14, is as follows. The estimated most cost-effective and least read as follows: annual reporting burden averages 3845 burdensome alternative that achieves hours per respondent (i.e., inclusive of the objective of the rule and is § 148.1 Purpose, scope and applicability. incremental reporting burdens consistent with statutory requirements. (a) This part identifies wastes that are associated with all affected Class I Section 203 requires EPA to establish a restricted from disposal into Class I facilities and Primacy States). The plan for informing and advising any wells and defines those circumstances average incremental annual reporting small governments that may be under which a waste, otherwise and recordkeeping burdens are about significantly impacted by the rule. prohibited from injection, may be 4,442 hours per each affected Class I EPA has completed an analysis of the injected. nonhazardous facility and about 2,700 costs and benefits from the LDR Phase (b) The requirements of this part hours per each affected Class I III rule and has determined that this rule apply to owners or operators of Class I hazardous facility. For efforts associated does not include a Federal mandate that hazardous waste injection wells used to with implementing the rule may result in estimated costs of $100 inject hazardous waste; and, owners or amendments, the annual incremental million or more to either State, local or operators of Class I injection wells used State burden equals about 22 hours for tribal governments in the aggregate. As to inject wastes which once exhibited a each Class I respondent. stated above, the private sector may prohibited characteristic of hazardous Burden means the total time, effort, or incur costs exceeding $100 million per waste identified in 40 CFR part 261, financial resources expended by persons year depending upon the option chosen subpart C, at the point of generation, to generate, maintain, retain, or disclose in the final rulemaking. EPA has and no longer exhibit the characteristic or provide information to or for a fulfilled the requirement for analysis at the point of injection. Federal agency. This includes the time under the Unfunded Mandates Reform * * * * * needed to review instructions; develop, Act, and results of this analysis have (d) Wastes that are only hazardous acquire, install, and utilize technology been included in the background because they display a characteristic of and systems for the purposes of document ‘‘Regulatory Impact Analysis ignitability, corrosivity, reactivity, or collecting, validating, and verifying of the Final Phase III Land Disposal toxicity that are otherwise prohibited, information, processing and Restrictions Rule,’’ which was placed in are not prohibited: maintaining information, and disclosing the docket for today’s rule. (1) If the wastes are disposed into a and providing information; adjust the List of Subjects nonhazardous waste injection well existing ways to comply with any defined under 40 CFR 144.6(a); and previously applicable instructions and 40 CFR Part 148 (2) Do not exhibit any prohibited requirements; train personnel to be able Environmental protection, characteristic of hazardous waste to respond to a collection of Administrative practice and procedure, identified in 40 CFR part 261, subpart information; search data sources; Hazardous waste, Reporting and C, and either: complete and review the collection of recordkeeping requirements, Water (i) Do not contain any hazardous information; and transmit or otherwise supply. constituents identified in 40 CFR 268.48 disclose the information. at levels greater than the 40 CFR 268.48 An Agency may not conduct or 40 CFR Part 268 Universal Treatment Standard levels at sponsor, and a person is not required to Hazardous waste, Reporting and the point of generation; respond to a collection of information recordkeeping requirements. (ii) Are de minimis in volume and unless it displays a currently valid OMB hazardous constituent concentration control number. 40 CFR Part 271 levels, as defined in 40 CFR Send comments on the Agency’s need Administrative practice and 268.1(e)(4)(ii). (Recordkeeping for this information, the accuracy of the procedure, Hazardous materials requirements for this alternative are provided burden estimates, and any transportation, Hazardous waste, found at 40 CFR 268.9(d)(4).); or suggested methods for minimizing Penalties, Reporting and recordkeeping (iii)(A) The facility removes an respondent burden, including through requirements. equivalent mass of hazardous Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15597 constituents as would be removed by § 148.18 Waste specific prohibitionsÐ (4) De minimis losses of characteristic treating the characteristic hazardous Newly Identified Wastes. wastes to wastewaters are not wastestream pursuant to the treatment (a) On July 8, 1996, the wastes considered to be prohibited wastes and standards in 40 CFR 268.48. This mass specified in 40 CFR 261.32 as EPA are defined as: reduction can come from: Hazardous waste numbers K156–K161, (i) Losses from normal material (1) Treating nonhazardous portions of P127, P128, P185, P188–P192, P194, handling operations (e.g. spills from the the injectate; P196–P199, P201–P205, U271, U277– unloading or transfer of materials from (2) Recycling before ultimate U280, U364–U367, U372, U373, U375– bins or other containers, leaks from injection; or U379, U381–387, U389–U396, U400– pipes, valves or other devices used to (3) Engaging in pollution prevention U404, U407, and U409–U411 are transfer materials); minor leaks of practices (such as equipment or prohibited from underground injection. process equipment, storage tanks or technology modifications, substitution (b) On January 8, 1997, the wastes containers; leaks from well-maintained of raw materials, and improvements in specified in 40 CFR 261.32 as EPA pump packings and seals; sample housekeeping, maintenance, training, or Hazardous waste number K088 is purgings; and relief device discharges; inventory control). prohibited from underground injection. discharges from safety showers and (B) The compliance alternative in (c) On April 8, 1998, the wastes rinsing and cleaning of personal safety paragraph (d)(2)(iii)(A) of this section is specified in 40 CFR part 261 as EPA equipment; rinsate from empty demonstrated by comparing the injected Hazardous waste numbers D018–043, containers or from containers that are baseline (determined by multiplying the and Mixed TC/Radioactive wastes, are rendered empty by that rinsing; and volume/day of characteristically prohibited from underground injection. laboratory wastes not exceeding one per hazardous waste generated and injected) (d) On April 8, 1998, the wastes cent of the total flow of wastewater into times the concentration of hazardous specified in 40 CFR part 261 as EPA the facility’s headworks on an annual constituents before the treatment/ Hazardous waste numbers D001–D003 basis, or with a combined annualized recycling/pollution prevention measure, are prohibited from underground average concentration not exceeding one with the mass allowance obtained by injection. part per million in the headworks of the multiplying the volume/day of a 6. Section 148.20 is amended by facility’s wastewater treatment or hazardous constituent generated and revising paragraph (a) introductory text pretreatment facility; or injected times the universal treatment to read as follows: (ii) Decharacterized wastes which are standard for that constituent. The injected into Class I nonhazardous wells baseline cannot include practices § 148.20 Petitions to allow injection of a which wastes combined volume is less initiated before the year 1990. waste prohibited under subpart B. than one per cent of the total flow at the (Recordkeeping requirements for this (a) Any person seeking an exemption wellhead on an annualized basis, is no alternative are found at 40 CFR from a prohibition under subpart B of greater than 10,000 gallons per day, and 268.9(d)(3).) this part for the injection of a restricted in which any underlying hazardous 3. Section 148.3 is revised to read as hazardous waste, including a hazardous constituents in the characteristic wastes follows: waste exhibiting a characteristic and are present at the point of generation at containing underlying hazardous § 148.3 Dilution prohibited as a substitute levels less than ten times the treatment for treatment. constituents at the point of generation, standards found at § 268.48. but no longer exhibiting a characteristic (a) The provisions of 40 CFR 268.3 * * * * * when injected into a Class I injection shall apply to owners or operators of 9. Section 268.2 is amended by well or wells, shall submit a petition to Class I wells used to inject a waste revising paragraphs (f) and (i), and by the Director demonstrating that, to a which is hazardous at the point of adding paragraphs (j), (k), and (l) to read reasonable degree of certainty, there will generation whether or not the waste is as follows: be no migration of hazardous hazardous at the point of injection. § 268.2 Definitions applicable in this part. (b) Owners or operators of Class I constituents from the injection zone for nonhazardous waste injection wells as long as the waste remains hazardous. * * * * * (f) Wastewaters are wastes that which inject waste formerly exhibiting a This demonstration requires a showing contain less than 1% by weight total hazardous characteristic which has been that: organic carbon (TOC) and less than 1% removed by dilution, may address * * * * * by weight total suspended solids (TSS). underlying hazardous constituents by treating the hazardous waste, obtaining PART 268ÐLAND DISPOSAL * * * * * an exemption pursuant to a petition RESTRICTIONS (i) Underlying hazardous constituent means any constituent listed in filed under § 148.20, or complying with 7. The authority citation for part 268 § 268.48, Table UTS—Universal the provisions set forth in 40 CFR 268.9. continues to read as follows: 4. Section 148.4 is revised to read as Treatment Standards, except fluoride, Authority: 42 U.S.C. 6905, 6912(a), 6921, follows: vanadium, and zinc, which can and 6924. reasonably be expected to be present at § 148.4 Procedures for case-by-case the point of generation of the hazardous extensions to an effective date. Subpart AÐGeneral waste, at a concentration above the The owner or operator of a Class I 8. Section 268.1 is amended in constituent-specific UTS treatment hazardous or nonhazardous waste paragraph (e)(3) by removing the period standards. injection well may submit an at the end of the paragraph and adding (j) Inorganic metal-bearing waste is application to the Administrator for an ‘‘; or’’ in its place, by revising paragraph one for which EPA has established extension of the effective date of any (e)(4) and by removing paragraph (e)(5) treatment standards for metal hazardous applicable prohibition established to read as follows: constituents, and which does not under subpart B of this part according otherwise contain significant organic or to the procedures of 40 CFR 268.5. § 268.1 Purpose, scope and applicability. cyanide content as described in 5. Section 148.18 is added to subpart * * * * * § 268.3(b)(1), and is specifically listed in B to read as follows: (e) * * * appendix XI of this part. 15598 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations

(k) End-of-pipe refers to the point greater than or equal to 5000 BTU per (ii) The waste constituents that the where effluent is discharged to the pound; treater will monitor, if monitoring will environment. (4) The waste is co-generated with not include all regulated constituents, (l) Stormwater impoundments are wastes for which combustion is a for wastes F001–F005, F039, D001, surface impoundments which receive required method of treatment; D002, D003, and D012–D043. wet weather flow, and only receive (5) The waste is subject to Federal Generators must also include whether process waste during wet weather and/or State requirements necessitating the waste is a nonwastewater or events. reduction of organics (including wastewater (as defined in § 268.2(d) and 10. Section 268.3 is revised to read as biological agents); or (f)), and indicate the subcategory of the follows: (6) The waste contains greater than waste (such as ‘‘D003 reactive 1% Total Organic Carbon (TOC). cyanide’’), if applicable; § 268.3 Dilution prohibited as a substitute for treatment. 11. Section 268.7 is amended by * * * * * revising the last sentence of paragraph (a) No generator, transporter, handler, (b) * * * (a) introductory text, paragraphs (4) * * * or owner or operator of a treatment, (a)(1)(ii), (a)(2)(i)(B), (a)(3)(ii), (b)(4)(ii), (ii) The waste constituents to be storage, or disposal facility shall in any (b)(5)(iv), by removing ‘‘268.45′;’’ at the monitored, if monitoring will not way dilute a restricted waste or the end of paragraph (a)(1)(iv) and adding include all regulated constituents, for residual from treatment of a restricted ‘‘268.45′; and’’ in its place, by removing wastes F001–F005, F039, D001, D002, waste as a substitute for adequate ‘‘; and,’’ at the end of paragraph (a)(1)(v) D003, and D012–D043. Generators must treatment to achieve compliance with and adding a period in its place, by also include whether the waste is a subpart D of this part, to circumvent the removing paragraph (a)(1)(vi), and by nonwastewater or wastewater (as effective date of a prohibition in subpart adding paragraph (b)(5)(v) to read as defined in § 268.2(d) and (f), and C of this part, to otherwise avoid a follows: indicate the subcategory of the waste prohibition in subpart C of this part, or (such as D003 reactive cyanide), if to circumvent a land disposal § 268.7 Waste analysis and recordkeeping. applicable; prohibition imposed by RCRA section (a) * * * If the generator determines * * * * * 3004. that his waste exhibits the characteristic (b) Dilution of wastes that are (5) * * * of ignitability (D001) (and is not in the (iv) For characteristic wastes D001, hazardous only because they exhibit a High TOC Ignitable Liquids Subcategory D002, D003, and D012–D043 that are: hazardous characteristic in a treatment or is not treated by CMBST or RORGS subject to the treatment standards in system which treats wastes of § 268.42, Table 1), and/or the § 268.40 (other than those expressed as subsequently discharged to a water of characteristic of corrosivity (D002), and/ a required method of treatment); that are the United States pursuant to a permit or reactivity (D003), and/or the reasonably expected to contain issued under section 402 of the Clean characteristic of organic toxicity (D012– underlying hazardous constituents as Water Act (CWA), or which treats D043), and is prohibited under § 268.37, defined in § 268.2(i); are treated on-site wastes for the purposes of pretreatment § 268.38, and § 268.39, the generator to remove the hazardous characteristic; requirements under section 307 of the must determine the underlying and are then sent off-site for treatment CWA, or zero discharge systems with hazardous constituents (as defined in of underlying hazardous constituents, wastewater treatment equivalent to § 268.2, in the D001, D002, D003, or the certification must state the these systems, is not impermissible D012–D043 wastes. following: dilution, so long as the § 268.48 (1) * * * I certify under penalty of law that the universal treatment standards are met at (ii) The waste constituents that the the point of discharge, or at a prior point waste has been treated in accordance with treater will monitor, if monitoring will the requirements of 40 CFR 268.40 to remove of compliance specified under a CWA not include all regulated constituents, permit, for all underlying hazardous the hazardous characteristic. This for wastes F001–F005, F039, D001, decharacterized waste contains underlying constituents reasonably expected to be D002, D003, and D012–D043. hazardous constituents that require further present at the point of generation of the Generators must also include whether treatment to meet universal treatment hazardous waste. the waste is a nonwastewater or standards. I am aware that there are (c) Combustion of the hazardous wastewater (as defined in § 268.2 (d) significant penalties for submitting a false waste codes listed in Appendix XI of and (f), and indicate the subcategory of certification, including the possibility of fine and imprisonment. this part is prohibited, unless the waste, the waste (such as ‘‘D003 reactive at the point of generation, or after any cyanide’’), if applicable; (v) For characteristic wastes D001, bona fide treatment such as cyanide D002, D003 and D012–D043 that destruction prior to combustion, can be * * * * * (2) * * * contain underlying hazardous demonstrated to comply with one or constituents as defined in § 268.2(i) that more of the following criteria (unless (i) * * * (B) The waste constituents that the are treated on-site to remove the otherwise specifically prohibited from hazardous characteristic and to treat combustion): treater will monitor, if monitoring will not include all regulated constituents, underlying hazardous constituents to (1) the waste contains hazardous levels in § 268.48 Universal Treatment organic constituents or cyanide at levels for wastes F001–F005, F039, D001, D002, D003, and D012–D043. Standards, the certification must state exceeding the constituent-specific the following: treatment standard found in § 268.48; Generators must also include whether (2) The waste consists of organic, the waste is a nonwastewater or I certify under penalty of law that the debris-like materials (e.g., wood, paper, wastewater (as defined in § 268.2(d) and waste has been treated in accordance with the requirements of 40 CFR 268.40 to remove plastic, or cloth) contaminated with an (f)) and indicate the subcategory of the waste (such as ‘‘D003 reactive the hazardous characteristic, and that inorganic metal-bearing hazardous underlying hazardous constituents, as waste; cyanide’’), if applicable; defined in § 268.2, have been treated on-site (3) The waste, at point of generation, * * * * * to meet the § 268.48 Universal Treatment has reasonable heating value such as (3) * * * Standards. I am aware that there are Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15599 significant penalties for submitting a false calendar year, but no later than qualifies for the de minimis exclusion certification, including the possibility of fine December 31. described in § 268.1, information and imprisonment. (1) * * * supporting that qualification must be * * * * * (i) For characteristic wastes other than kept in on-site files. § 268.8 [Removed and reserved] those managed on site in a wastewater treatment system subject to the Clean §§ 268.10±268.12 [Removed and Reserved] 12. Section 268.8 is removed and Water Act (CWA), zero-dischargers 14. Sections 268.10 through 268.12 reserved. engaged in CWA-equivalent treatment, are removed and reserved. 13. Section 268.9 is amended by or Class I nonhazardous injection wells, 15. Section 268.39 is added to subpart revising paragraphs (a), (d) introductory the name and address of the Subtitle D C to read as follows: text, (d)(1)(i), and (d)(1)(ii), and by facility receiving the waste shipment; adding paragraphs (d)(3), (e), (f), and (g) § 268.39 Waste specific prohibitionsÐEnd- and to read as follows: of-pipe CWA, CWA-equivalent, and Class I (ii) For all characteristic wastes, a nonhazardous injection well treatment § 268.9 Special rules regarding wastes that description of the waste as initially standards; spent aluminum potliners; and exhibit a characteristic. generated, including the applicable EPA carbamate wastes. (a) The initial generator of a solid Hazardous Waste Number(s), treatability (a) On July 8, 1996, the wastes waste must determine each EPA group(s), and underlying hazardous specified in 40 CFR 261.32 as EPA Hazardous Waste Number (waste code) constituents. Hazardous Waste numbers K156–K161; applicable to the waste in order to * * * * * and in 40 CFR 261.33 as EPA Hazardous determine the applicable treatment (3) For characteristic wastes whose Waste numbers P127, P128, P185, P188– standards under subpart D of this part. ultimate disposal will be into a Class I P192, P194, P196–P199, P201–P205, For purposes of this part 268, the waste nonhazardous injection well, and U271, U277–U280, U364–U367, U372, will carry the waste code for any compliance with the treatment U373, U375–U379, U381–U387, U389– applicable listing under 40 CFR part standards found in § 268.48 for U396, U400–U404, U407, and U409– 261, subpart D. In addition, the waste underlying hazardous constituents is U411 are prohibited from land disposal. will carry one or more of the waste achieved through pollution prevention In addition, soil and debris codes under 40 CFR part 261, subpart C, that meets the criteria set out at 40 CFR contaminated with these wastes are where the waste exhibits a 148.1(d), the following information prohibited from land disposal. characteristic, except in the case when must also be included: (b) On July 8, 1996 the wastes the treatment standard for the waste (i) A description of the pollution identified in 40 CFR 261.23 as D003 that code listed in 40 CFR part 261, subpart prevention mechanism and when it was are managed in systems other than those D operates in lieu of the standard for the implemented if already complete; whose discharge is regulated under the waste code under 40 CFR part 261, (ii) The mass of each underlying Clean Water Act (CWA), or that inject in subpart C, as specified in paragraph (b) hazardous constituent before pollution Class I deep wells regulated under the of this section. If the generator prevention; Safe Drinking Water Act (SDWA), or determines that his waste displays a (iii) The mass of each underlying that are zero dischargers that engage in hazardous characteristic (and the waste hazardous constituent that must be CWA-equivalent treatment before is not a D004—D011 waste, a High TOC removed, adjusted to reflect variations ultimate land disposal, are prohibited D001, or is not treated by CMBST, or in mass due to normal operating from land disposal. This prohibition RORGS of § 268.42, Table 1), the conditions; and does not apply to unexploded ordnance generator must determine what (iv) The mass reduction of each and other explosive devices which have underlying hazardous constituents (as underlying hazardous constituent that is been the subject of an emergency defined in § 268.2), are reasonably achieved. response (such D003 wastes are expected to be present above the (e) For decharacterized wastes prohibited unless they meet the universal treatment standards found in managed on-site in a wastewater treatment standard of DEACT before § 268.48. treatment system subject to the Clean land disposal (see § 268.40)). * * * * * Water Act (CWA) or zero-dischargers (c) On July 8, 1996, the wastes (d) Wastes that exhibit a characteristic engaged in CWA-equivalent treatment, specified in 40 CFR 261.32 as EPA are also subject to § 268.7 requirements, compliance with the treatment Hazardous Waste number K088 are except that once the waste is no longer standards found at § 268.48 must be prohibited from land disposal. In hazardous, a one-time notification and monitored quarterly, unless the addition, soil and debris contaminated certification must be placed in the treatment is aggressive biological with these wastes are prohibited from generators or treaters files and sent to treatment, in which case compliance land disposal. the EPA region or authorized state, must be monitored annually. (d) On April 8, 1998, decharacterized except for those facilities discussed in Monitoring results must be kept in on- wastes managed in surface paragraph (f) of this section. The site files for 5 years. impoundments whose discharge is notification and certification that is (f) For decharacterized wastes regulated under the Clean Water Act placed in the generators or treaters files managed on-site in a wastewater (CWA), or decharacterized wastes must be updated if the process or treatment system subject to the Clean managed by zero dischargers in surface operation generating the waste changes Water Act (CWA) for which all impoundments or tanks that engage in and/or if the Subtitle D facility receiving underlying hazardous constituents (as CWA-equivalent treatment before the waste changes. However, the defined in § 268.2), are addressed by a ultimate land disposal are prohibited generator or treater need only notify the CWA permit, this compliance must be from land disposal. The following are EPA region or an authorized state on an documented and this documentation exceptions to this requirement: annual basis if such changes occur. must be kept in on-site files. (1) Surface impoundments which are Such notification and certification (g) For characteristic wastes whose permitted under subtitle C of RCRA; should be sent to the EPA region or ultimate disposal will be into a Class I (2) Storm water impoundments as authorized state by the end of the nonhazardous injection well which defined in § 268.2; 15600 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations

(3) Surface impoundments which are established pursuant to a petition Wastes,’’ all underlying hazardous part of facilities in the pulp, paper, and granted under § 268.44; constituents (as defined in § 268.2(i)) paperboard industrial category. (4) Persons have been granted an must meet Universal Treatment (e) On April 8, 1998, Radioactive extension to the effective date of a Standards, found in § 268.48, ‘‘Table wastes mixed with K088, K156–K161, prohibition pursuant to § 268.5, with UTS,’’ prior to land disposal. P127, P128, P185, P188–P192, P194, respect to these wastes covered by the (1) When these wastes are managed in P196–P199, P201–P205, U271, U277– extension. wastewater treatment systems regulated U280, U364–U367, U372, U373, U375– (h) To determine whether a hazardous by the Clean Water Act (CWA), U379, U381–U387, U389–U396, U400– waste identified in this section exceeds compliance with the treatment U404, and U407, U409–U411 are also the applicable treatment standards standards must be achieved no later prohibited from land disposal. In specified in § 268.40, the initial than ‘‘end-of-pipe’’ as defined in addition, soil and debris contaminated generator must test a sample of the § 268.2(k); or with these radioactive mixed wastes are waste extract or the entire waste, (2) When these wastes are managed in prohibited from land disposal. depending on whether the treatment CWA-equivalent treatment systems and (f) Between July 8, 1996 and April 8, standards are expressed as tank-based systems that discharge onto 1998, the wastes included in paragraphs concentrations in the waste extract or the land, compliance with the treatment (a), (b), (c), and (e) of this section may the waste, or the generator may use standards must be achieved no later be disposed in a landfill or surface knowledge of the waste. If the waste than the point the wastewater is impoundment, only if such unit is in contains constituents in excess of the released to the land (e.g., spray compliance with the requirements applicable Subpart D levels, the waste is irrigation, discharge to dry river beds, specified in § 268.5(h)(2). prohibited from land disposal, and all placed into evaporation ponds); or (g) The requirements of paragraphs requirements of this part 268 are (3) When these wastes are managed in (a), (b), (c), (d), and (e) of this section do applicable, except as otherwise Class I nonhazardous injection wells, not apply if: specified. compliance with the treatment 16. Section 268.40 is amended by (1) The wastes meet the applicable standards must be achieved no later revising paragraph (e) and the table at treatment standards specified in Subpart than the well head; or the end of § 268.40 to read as follows: D of this part; (4) For all other, compliance with the (2) Persons have been granted an § 268.40 Applicability of treatment treatment standard must be met prior to exemption from a prohibition pursuant standards. land disposal as defined in § 268.2(c). to a petition under § 268.6, with respect * * * * * * * * * * to those wastes and units covered by the (e) For characteristic wastes (D001– petition; D043) that are subject to treatment Treatment Standards for Hazardous (3) The wastes meet the applicable standards in the following table Wastes alternate treatment standards ‘‘Treatment Standards for Hazardous * * * * * Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15601 8 8 8 8 8 8 268.48 268.48 268.48 268.48 unless 5 30 590 268.48 268.48 HLVIT HLVIT HLVIT HLVIT HLVIT HLVIT HLVIT HLVIT HLVIT DEACT DEACT DEACT DEACT DEACT CMBST § § CMBST standards standards standards standards standards RORGS; or RORGS; or 5.0 mg/l EP nology code standards; or mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters DEACT and meet DEACT and meet and meet § and meet § and meet § and meet § 4 8 8 8 8 8 268.48 268.48 268.48 268.48 NA NA NA NA NA 5.0 NA NA NA NA NA NA ; or tech- 0.86 268.48 3 DEACT DEACT DEACT DEACT DEACT § CMBST Reserved standards standards standards standards RORGS; or Wastewaters standards; or nology code mg/l Concentration in DEACT and meet and meet § and meet § and meet § and meet § No. 2 NA NA NA NA NA NA NA NA NA 57±12±5 57±12±5 CAS 7440±47±3 7440±38±2 7440±43±9 7782±49±2 7440±22±4 7439±92±1 7440±38±2 7440±39±3 7439±97±6 ...... 7 ASTES ...... 7 W ...... Common name ...... Regulated hazardous constituent ...... AZARDOUS H NA NA NA Corrosivity (pH) Arsenic Barium Cadmium Chromium (Total) Lead Mercury Selenium Silver NA NA NA NA NA Cyanides (Total) Cyanides (Amendable) Arsenic . . TANDARDS FOR S ...... (Note: NA means not applicable.) 1 . . REATMENT category T ...... 261.21(a)(1) High TOC Subcategory § category based on 40 CFR 261.21(a)(1)ÐGreat- er than or equal to 10% total organic carbon. (Note: This subcategory consists of nonwastewaters only) reprocessing of fuel rods. (Note: This sub- category consists of nonwastewaters only) 261.23(a)(5) and (8) which have been the subject of an emergency response 261.23(a)(1) (2), (3), and (4). (Note: This subcategory consists of nonwastewaters only) 261.23(a)(5) characteristic of toxicity for arsenic based on the extraction procedure (EP) in SW846 Methods 1310 Waste description and treatment/regulatory sub- Ignitable Characteristic Wastes, except for the High TOC Ignitable Characteristic Liquids Sub- Corrosive Characteristic Wastes. Radioactive high level wastes generated during the Reactive Sulfides Subcategory based on Explosives Subcategory based on 261.23(a) (6), (7) Unexploded ordnance and other explosive devices Other Reactives Subcategory based on Water Reactive Subcategory based on 261.23(a) Reactive Cyanides Subcategory based on Wastes that exhibit, or are expected to the . Waste code ...... D009, D010, D011 D001 D002 D002, D004, D005, D006, D007, D008, D003 D004 15602 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 RLEAD RTHRM MACRO 5.0 mg/l EP nology code 5.0 mg/l TCLP 1.0 mg/l TCLP 5.0 mg/l TCLP 5.0 mg/l TCLP mg/kg noted as ``mg/l 100 mg/l TCLP TCLP''; or tech- Concentration in Nonwastewaters 4 NA 5.0 5.0 NA NA 1.0 NA NA ; or tech- 100 3 Wastewaters nology code mg/l Concentration in No. 2 CAS 7440±43±9 7440±47±3 7439±92±1 7439±92±1 7439±92±1 7440±39±3 7440±43±9 7440±38±2 7439±92±1 . . standard for standard for ÐContinued 6 ...... 6 ASTES ...... Common name W Regulated hazardous constituent ...... nonwastewaters only nonwastewaters only Lead Arsenic; alternate Barium Cadmium Cadmium Chromium (Total) Lead Lead; alternate Lead . AZARDOUS H (Note: NA means not applicable.) 1 TANDARDS FOR S . . category REATMENT T . . . . characteristic of toxicity for barium based on the extraction procedure (EP) in SW846 Method 1310 characteristic of toxicity for cadmium based on the extraction procedure (EP) in SW846 Method 1310 This subcategory consists of nonwastewaters only) characteristic of toxicity for chromium based on the extraction procedure (EP) in SW846 Method 1310 characteristic of toxicity for lead based on the ex- traction procedure (EP) in SW846 Method 1310 ard only applies to lead acid batteries that are identified as RCRA hazardous wastes and that are not excluded elsewhere from regulation under the land disposal restrictions of 40 CFR 268 or exempted under other EPA regulations (see 40 CFR 266.80). This subcategory consists of nonwastewaters only.) lead solids include, but are not limited to, all forms of lead shielding and other elemental forms of lead. These lead solids do not include treatment residuals such as hydroxide sludges, other wastewater treatment residuals, or inciner- ator ashes that can undergo conventional pozzo- lanic stabilization, nor do they include organo- lead materials that can be incinerated and sta- bilized as ash. This subcategory consists of nonwastewaters only) Waste description and treatment/regulatory sub- Wastes that exhibit, or are expected to the Wastes that exhibit, or are expected to the Cadmium Containing Batteries Subcategory. (Note: Wastes that exhibit, or are expected to the Wastes that exhibit, or are expected to the Lead Acid Batteries Subcategory (Note: This stand- Radioactive Lead Solids Subcategory (Note: these Waste code ...... D005 D006 D007 D008 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15603 8 8 8 8 8 8 8 268.48 268.48 268.48 268.48 268.48 268.48 268.48 NA 0.13 0.13 0.18 0.066 0.066 0.066 0.066 IMERC RMERC RMERC AMLGM standards standards standards standards standards standards standards IMERC; OR 5.7 mg/l TCLP 5.0 mg/l TCLP 0.20 mg/l TCLP and meet § and meet § and meet § and meet § and meet § and meet § and meet § 8 8 8 8 8 8 8 NA NA NA NA NA 1.0 5.0 0.20 CMBST CMBST CMBST CMBST CMBST CMBST CMBST BIODG; or BIODG; or WETOX or CARBN; or CARBN; or CARBN; or CARBN; or 72±20±8 58±89±9 72±43±5 319±84±6 319±85±7 319±86±8 7439±97±6 7439±97±6 7439±97±6 7439±97±6 7439±97±6 7439±97±6 7782±49±2 7440±22±4 7421±93±4 ...... Mercury Mercury Mercury Endrin alpha-BHC Mercury Mercury Mercury Selenium Silver Endrin aldehyde beta±BHC delta-BHC gamma-BHC (Lindane) Methoxychlor ...... hibit, the characteristic of toxicity for mercury based on the extraction procedure (EP) in SW846 Method 1310; and contain greater than or equal to 260 mg/kg total mercury that also contain organics and are not incinerator residues. (High Mercury-Organic Subcategory.) hibit, the characteristic of toxicity for mercury based on the extraction procedure (EP) in SW846 Method 1310; and contain greater than or equal to 260 mg/kg total mercury that are inor- ganic, including incinerator residues and from RMERC. (High Mercury-Inorganic Sub- category.) hibit, the characteristic of toxicity for mercury based on the extraction procedure (EP) in SW846 Method 1310; and contain less than 260 mg/kg total mercury. (Low Mercury Subcategory.) materials. (Note: This subcategory consists of nonwastewaters only.) active Materials Subcategory. (Note: This sub- category consists of nonwastewaters only.) characteristic of toxicity for selenium based on the extraction procedure (EP) in SW846 Method 1310 characteristic of toxicity for silver based on the extraction procedure (EP) in SW846 Method 1310 in SW846 Method 1311 TCLP in SW846 Method 1311.) TCLP in SW846 Method 1311 Nonwastewaters that exhibit, or are expected to ex- Nonwastewaters that exhibit, or are expected to ex- Nonwastewaters that exhibit, or are expected to ex- All D009 wastewaters Elemental mercury contaminated with radioactive Hydraulic oil contaminated with Mercury Radio- Wastes that exhibit, or are expected to the Wastes that exhibit, or are expected to the Wastes that are TC for Endrin based on the TCLP Wastes that are TC for Lindane based on the Wastes that are TC for Methoxychlor based on the ...... D009 D010 D011 D012 D013 D014 15604 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 unless 5 10 10 2.6 7.9 6.0 6.0 6.0 5.6 5.6 5.6 6.0 6.0 6.0 0.26 11.2 standards standards standards standards standards standards standards standards standards standards standards standards standards standards standards nology code mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § 4 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 ; or tech- 0.88 0.14 0.11 0.77 0.77 0.21 3 0.057 0.057 0.046 0.025 0.090 0.0033 CMBST CMBST BIODG or CHOXD or standards standards standards standards standards standards standards standards standards standards standards standards or CMBST Wastewaters nology code mg/l Concentration in CHOXD, BIODG, and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § No. 2 94±75±7 93±72±1 71±43±2 56±23±5 57±74±9 67±66±3 95±48±7 75±35±4 108±90±7 108±39±4 106±44±5 106±46±7 107±06±2 CAS 1319±77±3 8001±35±2 ...... ÐContinued ...... ASTES ...... Common name ...... W Regulated hazardous constituent . . acid) acid)(sum of o-, m-, and p-cre- sol concentrations) mers) from p-cresol) from m-cresol) Dichlorobenzene) 2,4-D (2,4-Dichlorophenoxyacetic 2,4,5-TP (Silvex) Chlorobenzene Cresol-mixed isomers (Cresylic Toxaphene Benzene Carbon tetrachloride Chlordane (alpha and gamma iso- Chloroform o-Cresol m-Cresol (difficult to distinguish p-Cresol (difficult to distinguish p-Dichlorobenzene (1,4- 1,2-Dichloroethane 1,1-Dichloroethylene AZARDOUS H ...... (Note: NA means not applicable.) ...... 1 TANDARDS FOR S . category REATMENT T TCLP in SW846 Method 1311 Dichlorophenoxyacetic acid) based on the TCLP in SW846 Method 1311 the TCLP in SW846 Method 1311 TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 TCLP in SW846 Method 1311 the TCLP in SW846 Method 1311 TCLP in SW846 Method 1311 TCLP in SW846 Method 1311 TCLP in SW846 Method 1311 TCLP in SW846 Method 1311 the TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 Waste description and treatment/regulatory sub- Wastes that are TC for Toxaphene based on the Wastes that are TC for 2,4-D (2,4- Wastes that are TC for 2,4,5-TP (Silvex) based on Wastes that are TC for Benzene based on the Wastes that are TC for Carbon tetrachloride based Wastes that are TC for Chlordane based on the Wastes that are TC for Chlorobenzene based on Wastes that are TC for Chloroform based on the Wastes that are TC for o-Cresol based on the Wastes that are TC for m-Cresol based on the Wastes that are TC for p-Cresol based on the Wastes that are TC for Cresols (Total) based on Wastes that are TC for p-Dichlorobenzene based Wastes that are TC for 1,2-Dichloroethane based Wastes that are TC for 1,1-Dichloroethylene based Waste code ...... D015 D016 D017 D018 D019 D020 D021 D022 D023 D024 D025 D026 D027 D028 D029 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15605 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 10 30 36 14 16 5.6 7.4 6.0 6.0 7.4 7.4 6.0 140 0.066 0.066 standards standards standards standards standards standards standards standards standards standards standards standards standards standards standards and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 268.48 0.32 0.28 0.18 0.27 0.055 0.055 0.068 0.089 0.054 0.035 0.016 0.055 0.014 0.056 0.0012 standards standards standards standards standards standards standards standards standards standards standards standards standards standards standards and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § and meet § 67±72±1 76±44±8 87±68±3 78±93±3 98±95±3 87±86±5 79±01±6 95±95±4 88±06±2 75±01±4 121±14±2 110±86±1 127±18±4 118±74±1 1024±57±3 ...... 2,4-Dinitrotoluene Hexachloroethane Trichloroethylene Heptachlor Heptachlor epoxide Hexachlorobenzene Hexachlorobutadiene Methyl ethyl ketone Nitrobenzene Pentachlorophenol Pyridine Tetrachloroethylene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol Vinyl chloride ...... the TCLP in SW846 Method 1311 TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 the TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 the TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 on the TCLP in SW846 Method 1311 TCLP in SW846 Method 1311 Wastes that are TC for 2,4-Dinitrotoluene based on Wastes that are TC for Heptachlor based on the Wastes that are TC for Hexachlorobenzene based Wastes that are TC for Hexachlorobutadiene based Wastes that are TC for Hexachloroethane based on Wastes that are TC for Methyl ethyl ketone based Wastes that are TC for Nitrobenzene based on the Wastes that are TC for Pentachlorophenol based Wastes that are TC for Pyridine based on the Wastes that are TC for Tetrachloroethylene based Wastes that are TC for Trichloroethylene based on Wastes that are TC for 2,4,5-Trichlorophenol based Wastes that are TC for 2,4,6-Trichlorophenol based Wastes that are TC for Vinyl chloride based on the ...... D030 D031 D032 D033 D034 D035 D036 D037 D038 D039 D040 D041 D042 D043 15606 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 14 10 33 36 33 10 16 10 NA 2.6 NA 6.0 6.0 5.6 5.6 5.6 NA 6.0 6.0 6.0 6.0 160 160 170 11.2 nology code mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters 4 5.6 3.8 5.6 5.6 ; or tech- 0.88 0.28 0.14 0.11 0.77 0.77 0.36 0.34 0.12 0.28 0.14 3 0.057 0.088 0.089 0.068 0.054 0.054 0.057 0.057 0.014 0.056 0.080 Wastewaters nology code mg/l Concentration in No. 2 75±9±2 67±64±1 71±42±2 71±36±3 75±15±0 56±23±5 95±48±7 95±50±1 60±29±7 78±83±1 67±56±1 78±93±3 98±95±3 71±55±6 79±00±5 108±90±7 108±39±4 106±44±5 141±78±6 108±10±1 108±88±3 108±94±1 100±41±4 110±86±1 127±18±4 CAS 1319±77±3 ...... ÐContinued ...... ASTES ...... Common name ...... W Regulated hazardous constituent from p-cresol) from m-cresol) acid) (sum of o-, m-, and p-cre- sol concentrations Acetone Benzene n-Butyl alcohol Carbon disulfide Carbon tetrachloride Chlorobenzene o-Cresol m-Cresol (difficult to distinguish p-Cresol (difficult to distinguish Cresol-mixed isomers (Cresylic Cyclohexanone o-Dichlorobenzene Ethyl acetate Ethyl benzene Ethyl ether Isobutyl alcohol Methanol Methylene chloride Methyl ethyl ketone Methyl isobutyl ketone Nitrobenzene Pyridine Tetrachloroethylene Toluene 1,1,1-Trichlorethane 1,1,2-Trichloroethane AZARDOUS . H 261.31 (Note: NA means not applicable.) 1 TANDARDS FOR S category REATMENT T wastes that contain any combination of one or more of the following spent solvents: acetone, benzene, n-butyl alcohol, carbon disulfide, car- bon tetrachloride, chlorinated fluorocarbons, chlorobenzene, o-cresol, m-cresol, p-cresol, cyclohexanone, o-dichlorobenzene, 2- ethoxyethanol, ethyl acetate, benzene, ether, isobutyl alcohol, methanol, methylene chlo- ride, methyl ethyl ketone, isobutyl nitrobenzene, 2-nitropropane, pyridine, tetrachloroethylene, toluene, 1,1,1- trichloroethane, 1,1,2-trichloroethane, 1,1,2- trichloro-1,2,2-trifluorethane, trichloroethane, trichloromonofluouromethane, and/or xylenes [ex- cept as specifically noted in other subcategories]. See further details of these listings in § Waste description and treatment/regulatory sub- F001, F002, F003, F004, and/or F005 solvent ...... Waste code F001, F002, F003, F004, & F005 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15607 30 30 30 30 30 30 30 6.0 590 590 590 590 CMBST CMBST 5.0 mg/l TCLP 5.0 mg/l TCLP 5.0 mg/l TCLP 5.0 mg/l TCLP 4.8 mg/1 TCLP 0.75 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.19 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.19 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.75 mg/l TCLP 0.30 mg/l TCLP 0.30 mg/l TCLP 0.30 mg/l TCLP 0.30 mg/l TCLP 0.19 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.19 mg/1 TCLP 3.8 5.6 NA NA NA NA NA 1.2 1.2 1.2 1.2 2.77 0.69 2.77 0.69 2.77 0.69 0.32 0.36 3.98 0.43 0.69 3.98 3.98 3.98 0.69 2.77 0.86 0.69 0.86 0.86 0.86 0.057 0.054 0.020 CMBST CMBST BIODG; or CARBN; or CHOXD) fb (WETOX or 79±46±9 76±13±1 79±01±6 75±69±4 75±15±0 67±56±1 57±12±5 57±12±5 57±12±5 57±12±5 57±12±5 57±12±5 57±12±5 57±12±5 110±80±5 108±94±1 7440±47±3 7440±47±3 7440±47±3 7440±22±4 7440±22±4 7440±22±4 7440±22±4 7440±43±9 7439±92±1 7439±92±1 7439±92±1 7439±92±1 1330±20±7 7440±02±0 7440±43±9 7440±02±0 7440±43±9 7440±02±0 7440±43±9 7440±02±0 7440±47±3 ...... 7 7 7 7 ...... 7 7 7 7 ...... trifluoroethane , m-, and p-xylene concentra- tions Carbon disulfide 2-Nitropropane 2-Ethoxyethanol 1,1,2-Trichloro-1,2,2- Trichloroethylene Trichloromonofluoromethane Xylenes-mixed isomers (sum of o- Cyclohexanone Methanol Cadmium Chromium (Total) Cyanides (Total) Nickel Silver Cadmium Chromium (Total) Cyanides (Total) Cyanides (Amenable) Lead Nickel Silver Cadmium Chromium (Total) Cyanides (Total) Cyanides (Amenable) Lead Nickel Silver Cadmium Chromium (Total) Cyanides (Total) Cyanides (Amenable) Lead Nickel Silver Cyanides (Amendable) Lead ...... combination of one or more the following three solvents as the only listed F001±5 solvents: car- bon disulfide, cyclohexanone, and/or methanol. (formerly 268.41(c)) the only listed F001±5 solvent. the only listed F001±5 solvent. operations except from the following processes: (1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc (seg- regated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) clean- ing/stripping associated with tin, zinc and alu- minum plating on carbon steel; and (6) chemical etching and milling of aluminum. plating operations baths from electroplating operations where cyanides are used in the process electroplating operations where cyanides are used in the process F003 and/or F005 solvent wastes that contain any F005 solvent waste containing 2-Nitropropane as F005 solvent waste containing 2ÐEthoxyethanol as Wastewater treatment sludges from electroplating Spent cyanide plating bath solutions from electro- Plating bath residues from the bottom of plating Spent stripping and cleaning bath solutions from ...... F006 F007 F008 F009 15608 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 30 30 30 590 590 590 590 nology code 5.0 mg/l TCLP 5.0 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- 0.19 mg/l TCLP 0.19 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.86 mg/l TCLP 0.30 mg/l TCLP 0.30 mg/l TCLP Concentration in Nonwastewaters 4 NA NA NA NA 1.2 1.2 1.2 1.2 ; or tech- 2.77 0.69 2.77 0.69 2.77 3.98 3.98 0.86 0.86 0.86 0.86 3 Wastewaters nology code mg/l Concentration in No. 2 57±12±5 57±12±5 57±12±5 57±12±5 57±12±5 57±12±5 57±12±5 57±12±5 CAS 7440±47±3 7440±43±9 7440±47±3 7440±47±3 7440±22±4 7440±22±4 7440±43±9 7439±92±1 7439±92±1 7440±02±0 7440±02±0 ...... 7 7 7 7 ...... ÐContinued ...... 7 7 7 7 ASTES ...... Common name W Regulated hazardous constituent ...... Cadmium Cadmium Cyanides (Total) Cyanides (Amenable) Chromium (Total) Cyanides (Total) Cyanides (Amenable) Lead Nickel Silver Chromium (Total) Cyanides (Total) Cyanides (Amenable) Lead Nickel Silver Chromium (Total) Cyanides (Total) Cyanides (Amenable) AZARDOUS H . (Note: NA means not applicable.) 1 TANDARDS FOR S . . category . REATMENT T heat treating operations where cyanides are used in the process from metal heat treating operations metal heat treating operations where cyanides are used in the process conversion coating of aluminum except from zir- conium phosphating in aluminum can washing when such phosphating is an exclusive conver- sion coating process Waste description and treatment/regulatory sub- Quenching bath residues from oil baths metal Spent cyanide solutions from salt bath pot cleaning Quenching wastewater treatment sludges from Wastewater treatment sludges from the chemical Waste code ...... F010 F011 F012 F019 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15609 30 18 28 30 18 18 7.4 7.4 7.4 7.4 6.0 6.0 0.28 0.001 0.001 0.001 0.001 0.001 0.001 CMBST 0.86 mg/l TCLP 2.77 0.18 0.21 0.85 0.28 0.089 0.035 0.030 0.059 0.055 0.057 0.036 0.036 0.036 CMBST 0.000063 0.000063 0.000063 0.000035 0.000063 0.000063 NA NA NA NA NA NA NA 87±86±5 95±95±4 88±06±2 58±90±2 75±34±3 78±87±5 67±72±1 107±05±1 107±06±2 126±99±8 117±81±7 7440±47±3 10061±01±5 10061±02±6 ...... p-dioxins) furans) p-dioxins) Pentachlorodibenzofurans) dioxins) Tetrachlorodibenzofurans) All F024 wastes HxCDDs (All Hexachlorodibenzo- HxCDFs (All Hexachlorodibenzo- PeCDDs (All Pentachlorodibenzo- PeCDFs (All Pentachlorophenol TCDDs (All Tetrachlorodibenzo-p- TCDFs (All 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,3,4,6-Tetrachlorophenol 2-Chloro-1,3-butadiene 3-Chloropropylene 1,1-Dichloroethane 1,2-Dichloroethane 1,2-Dichloropropane cis-1,3-Dichloropropylene trans-1,3-Dichloropropylene bis(2-Ethylhexyl) phthalate Hexachloroethane Chromium (Total) 261.31 or . . 261.32.) § hydrogen chloride purification) from the produc- tion or manufacturing use (as a reactant, chemi- cal intermediate, or component in a formulating process) of: (1) tri- or tetrachlorophenol, of intermediates used to produce their pesticide de- rivatives, excluding wastes from the production of Hexachlorophene from highly purified 2,4,5- trichlorophenol (F020); (2) pentachlorophenol, or of intermediates used to produce its derivatives (i.e., F021); (3) tetra-, penta-, or hexachlorobenzenes under alkaline conditions (i.e., F022); and from the production of materials on equipment previously used for the production or manufacturing use (as a reactant, chemical in- termediate, or component in a formulating proc- ess) of: (1) tri- or tetrachlorophenols, excluding wastes from equipment used only for the produc- tion of Hexachlorophene from highly purified 2,4,5-trichlorophenol (F023); (2) tetra-, penta-, or hexachlorobenzenes under alkaline conditions (i.e., F026) tion residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in § Wastes (except wastewater and spent carbon from Process wastes, including but not limited to, distilla- ...... F020, F021, F022, F023, F026 F024 15610 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 30 30 10 10 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 5.6 6.0 6.0 6.0 NA 3.4 3.4 3.4 nology code 5.0 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters 4 ; or tech- 3.98 0.21 0.27 0.27 0.14 3 0.057 0.046 0.025 0.089 0.054 0.054 0.057 0.046 0.055 0.055 0.089 0.054 0.054 0.059 0.061 0.055 0.059 0.059 Wastewaters nology code mg/l Concentration in No. 2 NA NA NA NA 75±9±2 75±9±2 56±23±5 67±66±3 75±35±4 79±00±5 79±01±6 75±01±4 56±23±5 67±66±3 87±68±3 67±72±1 79±00±5 79±01±6 75±01±4 87±86±5 107±06±2 118±74±1 CAS 7440±02±0 ...... ÐContinued ...... ASTES Common name W Regulated hazardous constituent ...... p-dioxins) Hexachlorodibenzofurans) p-dioxins) Pentachlorodibenzofurans) Nickel Carbon tetrachloride Chloroform 1,2-Dichloroethane 1,1-Dichloroethylene Methylene chloride 1,1,2-Trichloroethane Trichloroethylene Vinyl chloride Carbon tetrachloride Chloroform Hexachlorobenzene Hexachlorobutadiene Hexachloroethane Methylene chloride 1,1,2-Trichloroethane Trichloroethylene Vinyl chloride HxCDDs (All Hexachlorodibenzo- HxCDFs (All PeCDDs (All Pentachlorodibenzo- PeCDFs (All Pentachlorophenol AZARDOUS H (Note: NA means not applicable.) 1 TANDARDS FOR S . category . . REATMENT T tain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlo- rine substitution wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydro- carbons are those having carbon chain lengths ranging from one to and including five, with vary- ing amounts and positions of chlorine substi- tution. F025ÐSpent Filters/Aids and Desiccants Subcategory , or pentachlorophenol discarded unused for- mulations containing compounds derived from these chlorophenols. (This listing does not in- clude formulations containing hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component) Waste description and treatment/regulatory sub- Condensed light ends from the production of cer- Spent filters and filter aids, spent desiccant Discarded unused formulations containing tri-, tetra- Waste code ...... F025 F027 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15611 28 10 10 28 28 30 10 28 10 NA 3.4 NA 5.6 5.6 6.2 8.2 NA NA 3.4 3.4 3.4 3.4 5.6 5.6 6.2 8.2 590 5.0 mg/l TCLP 0.86 mg/l TCLP 1.2 0.28 0.32 2.77 0.69 3.98 0.14 0.28 0.057 0.057 0.059 0.059 0.039 0.080 0.059 0.059 0.061 0.057 0.059 0.059 0.059 0.059 0.059 0.067 0.059 0.059 0.057 0.039 0.067 NA NA NA NA NA NA NA NA 95±95±4 88±06±2 58±90±2 87±86±5 95±95±4 88±06±2 58±90±2 83±32±9 71±43±2 56±55±3 50±32±8 84±74±2 86±73±7 91±20±3 85±01±8 120±12±7 218±01±9 100±41±4 108±95±2 129±00±0 117±81±7 ...... dioxins) Tetracholorodibenzofurans) p-dioxins) Hexachlorodibenzofurans) p-dioxins) Pentachlorodibenzofurans) dioxins) Tetrachlorodibenzofurans) TCDDs (All Tetrachlorodibenzo-p- TCDFs (All 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,3,4,6-Tetrachlorophenol HxCDDs (All Hexachlorodibenzo- HxCDFs (All PeCDDs (All Pentachlorodibenzo- PeCDFs (All Pentachlorophenol TCDDs (All Tetrachlorodibenzo-p- TCDFs (All 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,3,4,6-Tetrachlorophenol Acenaphthene Anthracene Benzene Benz(a)anthracene Benzo(a)pyrene bis(2-Ethylhexyl) phthalate Chrysene Di-n-butyl phthalate Ethylbenzene Fluorene Naphthalene Phenanthrene Phenol Pyrene . 261.31(b)(2) (including . treatment of soil contaminated with EPA Hazard- ous Wastes Nos. F020, F021, F023, F026, and F027 tion sludgeÐAny sludge generated from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum re- fineries. Such sludges include, but are not limited to, those generated in: oil/water/solids separa- tors; tanks and impoundments; ditches other conveyances; sumps; and stormwater units re- ceiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once- through cooling waters segregated for treatment from other process or oil cooling waters, sludges generated in aggressive biological treatment units as defined in § sludges generated in one or more additional units after wastewaters have been treated in ag- gressive biological treatment units) and K051 wastes are not included in this listing Residues resulting from the incineration or thermal Petroleum refinery primary oil/water/solids separa- ...... F028 F037 15612 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 28 30 10 28 10 10 10 NA NA NA 3.4 3.4 5.6 5.6 6.2 8.2 590 590 nology code 5.0 mg/l TCLP 5.0 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- 0.86 mg/l TCLP 0.86 mg/l TCLP Concentration in Nonwastewaters 4 NA 1.2 1.2 ; or tech- 0.32 2.77 0.69 0.32 2.77 0.69 3.98 0.14 0.28 3 0.061 0.057 0.059 0.059 0.059 0.080 0.059 0.057 0.039 0.067 0.080 Wastewaters nology code mg/l Concentration in No. 2 71±43±2 50±32±8 84±74±2 86±73±7 91±20±3 85±01±8 57±12±5 57±12±5 108±88±3 218±01±9 100±41±4 108±95±2 129±00±0 108±88±3 117±81±7 CAS 1330±20±7 7440±47±3 1330±20±7 7440±47±3 7439±92±1 7439±92±1 7440±02±0 7440±02±0 ...... ÐContinued ...... 7 7 ...... ASTES ...... Common name ...... W Regulated hazardous constituent ...... , m-, and p-xylene concentra- tions) , m-, and p-xylene concentra- tions) Toluene Xylenes-mixed isomers (sum of o- Chromium (Total) Cyanides (Total) Lead Nickel Benzene Benzo(a)pyrene bis(2-Ethylhexyl) phthalate Chrysene Di-n-butyl phthalate Ethylbenzene Fluorene Naphthalene Phenanthrene Phenol Pyrene Toluene Xylenes-mixed isomers (sum of o- Chromium (Total) Cyanides (Total) Lead Nickel AZARDOUS H (Note: NA means not applicable.) 1 TANDARDS FOR S . category REATMENT T 261.31(b)(2) (including sludges and floats gen- solids separation sludge and/or float generated from the physical and/or chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes include, but are not limited to, all sludges and floats generated in: induced air float- ation (IAF) units, tanks and impoundments, all sludges generated in DAF units. Sludges gen- erated in stormwater units that do not receive dry weather flow, sludges generated from non-con- tact once-through cooling waters segregated for treatment from other process or oily cooling wa- ters, sludges and floats generated in aggressive biological treatment units as defined in § erated in one or more additional units after wastewaters have been treated in aggressive bi- ological units) and F037, K048, K051 are not included in this listing Waste description and treatment/regulatory sub- Petroleum refinery secondary (emulsified) oil/water/ Waste code ...... F038 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15613 28 14 38 84 14 10 15 15 16 30 15 15 NA 3.4 3.4 9.7 NA 3.4 NA 3.4 6.8 6.8 1.8 3.4 2.6 2.5 6.0 6.0 NA 6.0 7.2 6.0 6.0 7.2 5.6 140 160 0.26 0.28 0.066 0.066 0.066 0.066 0.066 4.8 mg/l TCLP 5.6 5.6 3.8 0.28 0.29 0.24 0.13 0.81 0.36 0.14 0.11 0.11 0.35 0.11 0.46 0.10 0.27 0.19 0.059 0.010 0.059 0.059 0.061 0.017 0.066 0.057 0.046 0.055 0.018 0.055 0.059 0.021 0.059 0.023 0.055 0.057 0.057 0.057 0.036 0.033 0.0017 0.0055 0.0033 0.00014 0.00014 83±32±9 67±64±1 75±05±8 96±86±2 53±96±3 92±67±1 62±53±3 58±89±9 71±43±2 56±55±3 50±32±8 75±27±4 74±83±9 71±36±3 85±68±7 88±85±7 75±15±0 56±23±5 57±74±9 75±00±3 67±66±3 59±50±7 74±87±3 91±58±7 191±24±2 208±96±8 309±00±2 120±12±7 140±57±8 319±84±6 319±85±7 205±99±2 207±08±9 101±55±3 106±47±8 108±90±7 124±48±1 111±91±1 111±44±4 107±02±8 107±13±1 319±86±8 510±15±6 126±99±8 39638±32±9 ...... distinguish from benzo(k)fluoranthene distinguish from benzo(k)fluoranthene (Dinoseb) mers) Acenaphthylene Acenaphthene Acetone Acetonitrile Acetophenone 2-Acetylaminofluorene Acrolein Acrylonitrile Aldrin 4-Aminobiphenyl Aniline Anthracene Aramite alpha-BHC beta-BHC delta-BHC gamma-BHC Benzene Benz(a)anthracene Benzo(b)fluoranthene (difficult to Benzo(b)fluoranthene (difficult to Benzo(g,h,i)perylene Benzo(a)pyrene Bromodichloromethane Methyl bromide (Bromomethane) 4-Bromophenyl phenyl ether n-Butyl alcohol Butyl benzyl phthalate 2-sec-Butyl-4,6-dinitrophenol Carbon disulfide Carbon tetrachloride Chlordane (alpha and gamma iso- p-Chloroaniline Chlorobenzene Chlorobenzilate 2-Chloro-1,3-butadiene Chlorodibromomethane Chloroethane bis(2-Chloroethoxy)methane bis(2-Chloroethyl)ether Chloroform bis(2-Chloroisopropyl)ether p-Chloro-m-cresol Chloromethane (Methyl chlorida) 2-Chloronaphthalene . disposed wastes) resulting from the disposal of more than one restricted waste classified as haz- ardous under subpart D of this part. (Leachate resulting from the disposal of one or more following EPA Hazardous Wastes and no other Hazardous Wastes retains its EPA Waste Number(s): F020, F021, F022, F026, F027, and/or F028.) Leachate (liquids that have percolated through land ...... F039 15614 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 14 28 15 15 10 18 28 28 14 30 15 30 14 18 18 14 28 28 NA 5.7 3.4 5.6 5.6 5.6 8.2 6.0 6.0 6.0 7.2 6.0 6.0 6.0 2.3 160 140 160 0.87 0.13 0.087 0.087 0.087 0.087 0.087 nology code mg/kg noted as ``mg/l TCLP''; or tech- 0.75 mg/l TCLP Concentration in Nonwastewaters 4 ; or tech- 0.11 0.77 0.77 0.36 0.11 0.11 0.72 0.23 0.21 0.85 0.20 0.32 0.28 0.12 0.32 0.55 0.40 3 0.044 0.023 0.023 0.031 0.055 0.088 0.059 0.025 0.044 0.017 0.057 0.036 0.059 0.028 0.031 0.061 0.036 0.090 0.054 0.044 0.036 0.036 0.036 0.047 0.017 0.0039 0.0039 Wastewaters nology code mg/l Concentration in No. 2 95±57±8 95±48±7 96±12±8 74±95±3 94±75±7 53±19±0 72±54±8 72±55±9 50±29±3 53±70±3 95±50±1 75±71±8 75±34±3 75±35±4 87±65±0 78±87±5 60±57±1 84±66±2 84±74±2 51±28±5 107±05±1 218±01±9 108±39±4 106±44±5 789±02±6 192±65±4 541±73±1 107±06±2 156±60±5 131±11±3 100±25±4 534±52±1 117±84±0 108±94±1 106±93±4 106±46±7 120±83±2 105±67±9 121±14±2 606±20±2 621±64±7 CAS 3424±82±6 10061±01±5 10061±02±6 ...... ÐContinued ...... ASTES ...... Common name ...... W ...... Regulated hazardous constituent . -DDD -DDD -DDE -DDE -DDT -DDT ′ ′ ′ ′ ′ ′ from p-cresol) from m-cresol) Dibromoethane) acid) 2-Chlorophenol 3-Chloropropylene Chrysene o-Cresol m-Cresol (difficult to distinguish p-Cresol (difficult to distinguish Cyclohexanone 1,2-Dibromo-e-chloropropane Ethylene dibromide (1,2- Dibromomethane 2,4-D (2,4-Dichlorophenoxyacetic o,p p,p o,p p,p o,p p,p Dibenz(a,h)anthracene Dibenz(a,e)pyrene m-Dichlorobenzene o-Dichlorobenzene p-Dichlorobenzene Dichlorodifluoromethane 1,1-Dichloroethane 1,2-Dichloroethane 1,1-Dichloroethylene trans-1,2-Dichloroethylene 2,4-Dichlorophenol 2,6-Dichlorophenol 1,2-Dichloropropane cis-1,3-Dichloropropylene trans-1,3-Dichloropropylene Dieldrin Diethyl phthalate 2-4-Dimethyl phenol Dimethyl phthalate Di-n-butyl phthalate 1,4-Dinitrobenzene 4,6-Dinitro-o-cresol 2,4-Dinitrophenol 2,4-Dinitrotoluene 2,6-Dinitrotoluene Di-n-octyl phthalate Di-n-propylnitrosamine AZARDOUS H (Note: NA means not applicable.) 1 TANDARDS FOR S category REATMENT T Waste description and treatment/regulatory sub- Waste code Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15615 15 30 30 30 14 13 13 33 28 65 84 15 30 36 33 28 29 28 10 10 28 NA 1.5 6.2 NA 3.4 3.4 5.6 2.4 3.4 2.6 1.5 4.6 5.6 NA 2.3 170 360 160 160 170 160 0.13 0.13 0.13 0.13 0.13 0.18 0.066 0.066 0.066 0.001 0.001 0.066 0.75 mg/l TCLP 5.6 5.6 0.22 0.92 0.92 0.34 0.24 0.12 0.28 0.14 0.12 0.19 0.24 0.25 0.50 0.28 0.14 0.14 0.52 0.32 0.12 0.40 0.40 0.017 0.059 0.055 0.057 0.055 0.035 0.081 0.089 0.018 0.059 0.068 0.087 0.017 0.023 0.029 0.029 0.025 0.057 0.068 0.016 0.055 0.021 0.081 0.014 0.028 0.0055 0.0011 0.0028 0.0012 0.0055 0.000063 0.000063 NA NA 86±30±6 72±20±8 60±29±7 97±63±2 75±21±8 52±85±7 86±73±7 76±44±8 87±68±3 77±47±4 67±72±1 74±88±4 78±83±1 67±56±1 91±80±5 72±43±5 56±49±5 75±09±2 78±93±3 80±62±6 66±27±3 91±20±3 91±59±8 98±95±3 99±55±8 55±18±5 62±75±9 123±91±1 122±66±7 298±04±4 939±98±8 141±78±6 107±12±0 118±74±1 193±39±5 465±73±6 120±58±1 126±98±7 101±14±4 108±10±1 100±01±6 122±39±4 100±41±4 117±81±7 206±44±0 143±50±8 298±00±0 100±02±7 1888±71±7 1024±57±3 33213±6±5 1±31±07±8 7421±93±4 ...... guish from diphenylnitrosamine) distinguish from diphenylamine) p-dioxins) Hexachlorodibenzofurans) 1,4-Dioxane Diphenylamine (difficult to distin- Diphenylnitrosamine (difficult to 1,2-Diphenylhydrazine Disulfoton Endosulfan I Endosulfan II Endosulfan sulfate Endrin Endrin aldehyde Ethyl acetate Ethyl cyanide (Propanenitrile) Ethyl benzene Ethyl ether bis(2-Ethylhexyl) phthalate Ethyl methacrylate Ethylene oxide Famphur Fluoranthene Fluorene Heptachlor Heptachlor epoxide Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene HxCDDs (All Hexachlorodibenzo- HxCDFs (All Hexachloroethane Hexachloropropylene Indeno (1,2,3-c,d) pyrene Iodomethane Isobutyl alcohol Isodrin Isosafrole Kepone Methacrylonitrile Methanol Methapyrilene Methoxychlor 3-Methylcholanthrene 4,4-Methylene bis(2-chloroaniline) Methylene chloride Methyl ethyl ketone Methyl isobutyl ketone Methyl methacrylate Methyl methansulfonate Methyl parathion Naphthalene 2-Naphthylamine p-Nitroaniline Nitrobenzene 5-Nitro-o-toluidine p-Nitrophenol N-Nitrosodiethylamine N±Nitrosodimethylamine 15616 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 16 28 22 14 30 30 17 10 15 30 35 35 10 16 10 19 2.3 2.3 4.6 4.8 7.4 5.6 6.2 4.6 1.5 8.2 7.9 7.9 6.0 6.0 6.0 7.4 2.6 6.0 6.0 6.0 7.4 7.4 0.001 0.001 0.001 0.001 nology code mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters 4 ; or tech- 0.40 0.40 0.40 0.10 0.72 0.72 0.63 0.18 0.85 3 0.014 0.055 0.089 0.081 0.059 0.055 0.081 0.055 0.057 0.030 0.054 0.054 0.054 0.020 0.035 0.057 0.013 0.013 0.055 0.039 0.021 0.093 0.067 0.014 0.057 0.056 0.080 0.055 0.0095 0.000063 0.000035 0.000063 0.000063 Wastewaters nology code mg/l Concentration in No. 2 NA NA NA NA 59±89±2 56±38±2 82±68±8 87±86±5 62±44±2 85±01±8 85±44±9 94±59±7 93±72±1 93±76±5 95±94±3 79±34±6 58±90±2 75±25±2 71±55±6 79±00±5 79±01±6 75±69±4 95±95±4 88±06±2 96±18±4 76±13±1 924±16±3 930±55±2 108±95±2 129±00±0 630±20±6 108±88±3 100±75±4 608±93±5 298±02±2 110±86±1 127±18±4 120±82±1 CAS 8001±35±2 1336±36±3 10595±95±6 23950±58±5 ...... ÐContinued ...... ASTES ...... Common name ...... W Regulated hazardous constituent ...... mer, or all Aroclors) p-dioxins) Pentachlorodibenzofurans) dioxins) Tetrachlorodibenzofurans) trifluoroethane N-Nitroso-di-n-butylamine N-Nitrosomethylethylamine N-Nitrosomorpholine N-Nitrosopiperidine N-Nitrosophyrrolidine Parathion Total PCBs (sum of all PCB iso- Pentachlorobenzene PeCDDs (All Pentachlorodibenzo- PeCDFs (All Pentachloronitrobenzene Pentachlorophenol Phenacetin Phenanthrene Phenol Phorate Phthalic anhydride Pronamide Pyrene Pyridine Safrole Silvex (2,4,5-TP) 2,4,5-T 1,2,4,5-Tetrachlorobenzene TCDDs (All Tetrachlorodibenzo-p- TCDFs (All 1,1,1,2-Tetrachloroethane 1,1,1,2-Tetrachloroethane Tetrachloroethylene 2,3,4,6-Tetrachlorophenol Toluene Toxaphene Bromoform (Tribromomethane) 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Trichloroethylene Trichloromonofluoromethane 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 1,2,3-Trichloropropane 1,1,2-Trichloro-1,2,2- AZARDOUS H (Note: NA means not applicable.) 1 TANDARDS FOR S category REATMENT T Waste description and treatment/regulatory sub- Waste code Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15617 30 30 48 10 30 NA NA 6.0 5.6 7.4 5.6 8.2 590 590 590 0.10 0.23 0.86 mg/l 5.0 mg/l TCLP 7.6 mg/l TCLP 5.0 mg/l TCLP 2.1 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.37 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.37 mg/l TCLP 0.37 mg/l TCLP 0.37 mg/l TCLP 0.86 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.37 mg/l TCLP 0.19 mg/l TCLP 0.16 mg/l TCLP 0.30 mg/l TCLP 0.86 mg/l TCLP 0.86 mg/l TCLP 0.86 mg/l TCLP 0.014 mg/l TCLP 0.025 mg/l TCLP 0.078 mg/l TCLP 35 14 1.4 1.2 4.3 1.9 1.4 1.2 1.2 1.2 0.32 2.77 0.69 0.32 0.69 2.77 0.69 0.69 0.69 0.69 2.77 0.69 2.77 0.69 2.77 0.69 0.69 0.11 0.27 0.82 0.69 0.15 3.98 0.82 0.43 2.77 2.77 2.77 2.77 0.86 0.059 0.089 0.059 0.067 0.080 75±01±4 91±20±3 87±86±5 85±01±8 57±12±5 57±12±5 57±12±5 57±12±5 126±72±7 129±00±0 108±88±3 1330±20±7 7440±47±3 1330±20±7 7440±47±3 7440±47±3 7440±47±3 7440±47±3 7440±36±0 7440±43±9 7782±49±2 7440±22±4 7440±28±0 7439±92±1 7439±92±1 7439±92±1 7439±92±1 7439±92±1 7439±92±1 7439±92±1 7439±92±1 7439±92±1 7439±92±1 7440±38±2 7440±39±3 7440±41±7 7439±97±6 7440±02±0 8496±25±8 7440±62±2 7440±47±3 7440±47±3 7440±47±3 7440±47±3 16964±48±8 ...... 7 ...... 7 7 7 ...... , m-, and p-xylene concentra- tions) , m-, and p-xylene concentra- tions) Chromium (Total) tris(2,3-Dibromopropyl) phosphate Vinyl chloride Xylenes-mixed isomers (sum of o- Antimony Arsenic Barium Beryllium Cadmium Chromium (Total) Cyanides (Total) Cyanides (Amenable) Fluoride Lead Mercury Nickel Selenium Silver Sulfide Thallium Vanadium Naphthalene Pentachlorophenol Phenanthrene Pyrene Toluene Xylenes-mixed isomers (sum of o- Lead Chromium (Total) Lead Chromium (Total) Lead Chromium (Total) Lead Chromium (Total) Lead Cyanides (Total) Chromium (Total) Lead Chromium (Total) Lead Lead Cyanides (Total) Chromium (Total) Lead ...... wastewaters from wood preserving processes that use creosote and/or pentachlorophenol. of chrome yellow and orange pigments of molybdate orange pigments of zinc yellow pigments of chrome green pigments of chrome oxide green pigments (anhydrous) of chrome oxide green pigments (hydrated) of iron blue pigments green Bottom sediment sludge from the treatment of Wastewater treatment sludge from the production Wastewater treatment sludge from the production Wastewater treatment sludge from the production Wastewater treatment sludge from the production Wastewater treatment sludge from the production Wastewater treatment sludge from the production Wastewater treatment sludge from the production Oven residue from the production of chrome oxide ...... K001 K002 K003 K004 K005 K006 K007 K008 15618 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 38 84 23 10 38 84 23 10 38 84 23 10 18 30 10 10 6.0 6.0 3.4 6.0 6.8 6.8 5.6 5.6 2.4 6.0 6.0 6.0 NA 590 590 590 nology code 5.0 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- 0.86 mg/l TCLP Concentration in Nonwastewaters 4 19 19 19 5.6 1.2 5.6 1.2 5.6 1.2 ; or tech- 2.77 0.24 0.14 0.24 0.14 0.24 0.14 0.11 0.11 3.98 0.85 0.85 0.27 0.19 3 0.046 0.046 0.055 0.059 0.055 0.057 0.055 0.059 0.080 0.055 0.056 0.033 Wastewaters nology code mg/l Concentration in No. 2 67±66±3 67±66±3 75±05±8 79±06±1 71±43±2 57±12±5 75±05±8 79±06±1 71±43±2 57±12±5 75±05±8 79±06±1 71±43±2 57±12±5 98±87±3 85±01±8 87±68±3 77±47±4 67±72±1 78±87±5 96±18±4 75±00±3 74±87±3 120±12±7 205±99±2 108±88±3 118±74±1 111±44±4 107±13±1 107±13±1 107±13±1 207±08±9 127±18±4 CAS 7440±47±3 7440±02±0 ...... ÐContinued ...... ASTES ...... Common name ...... W Regulated hazardous constituent ...... distinguish from benzo(k)fluoranthene distinguish from benzo(b) fluo- ranthene Chloroform Chloroform Acetonitrile Acrylonitrile Acrylamide Benzene Cyanide (Total) Acetonitrile Acrylonitrile Acrylamide Benzene Cyanide (Total) Acetonitrile Acrylonitrile Acrylamide Benzene Cyanide (Total) Anthracene Benzal chloride Benzo(b)fluoranthene (difficult to Benzo(k)fluroanthene (difficult to Phenanthrene Toluene Chromium (Total) Nickel Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Tetrachloroethylene bis(2-Chloroethyl)ether 1,2-Dichloropropane 1,2,3-Trichloropropane Chloroethane Chloromethane AZARDOUS H . (Note: NA means not applicable.) . 1 TANDARDS FOR . . . S . . . category REATMENT T . dehyde from ethylene dehyde from ethylene production of acrylonitrile production of acrylonitrile. the production of acrylonitrile ride. tion of carbon tetrachloride umn in the production of epichlorohydrin chloride production Waste description and treatment/regulatory sub- Distillation bottoms from the production of acetal- Distillation side cuts from the procduction of acetal- Bottom stream from the wastewater stripper in Bottom stream from the acetonitrile column in Bottoms from the acetonitrile purification column in Still bottoms from the distillation of benzyle chlo- Heavy ends or distillation residues from the produc- Heavy ends (still bottoms) from the purification col- Heavy ends from the fractionation column in ethyl Waste code ...... K009 K010 K011 K013 K014 K015 K016 K017 K018 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15619 30 30 28 28 13 13 10 19 10 28 28 NA NA 6.0 6.0 5.6 6.0 6.0 6.0 6.0 6.0 NA 6.0 5.6 5.6 6.0 6.0 6.0 6.0 6.0 6.0 6.0 9.7 6.2 CMBST CMBST CMBST 5.0 mg/l TCLP 2.1 mg/l TCLP 0.86 mg/l TCLP NA 1.9 2.77 0.21 0.21 0.21 0.92 0.92 3.98 0.059 0.055 0.055 0.054 0.033 0.046 0.059 0.055 0.059 0.059 0.055 0.054 0.057 0.057 0.046 0.010 0.055 0.055 0.055 0.057 0.090 0.056 0.055 0.056 0.080 0.039 0.055 0.055 CMBST CMBST CMBST CARBN; or fb CARBN; or LLEXT fb SSTRP NA NA NA 75±34±3 87±68±3 67±72±1 76±01±7 71±55±6 68±66±3 86±73±7 67±72±1 91±20±3 85±01±8 95±94±3 71±55±6 79±34±6 56±23±5 67±66±3 96±86±2 86±30±6 85±44±9 85±44±9 107±06±2 118±74±1 108±90±7 107±06±2 107±06±2 108±95±2 100±21±0 111±44±4 106±46±7 127±18±4 120±82±1 127±18±4 108±88±3 122±39±4 100±21±0 7440±47±3 7440±36±0 7440±02±0 ...... guish from diphenylnitrosamine) distinguish from diphenylamine) Phthalic acid or Terephthalic acid) Phthalic acid or Terephthalic acid) Phthalic acid or Terephthalic acid) Phthalic acid or Terephthalic acid) bis(2-Chloroethyl)ether NA 1,1-Dichloroethane 1,2-Dichloroethane Hexachlorobenzene Hexachlorobutadiene Hexachloroethane Pentachloroethane 1,1,1-Trichloroethane Chlorobenzene Chloroform p-Dichlorobenzene 1,2-Dichloroethane Fluorene Hexachloroethane Naphthalene Phenanthrene 1,2,4,5-Tetrachlorobenzene Tetrachloroethylene 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,2-Dichloroethane 1,1,2,2-Tetrachloroethane Tetrachloroethylene Carbon tetrachloride Chloroform Antimony Toluene Acetophenone Diphenylamine (difficult to distin- Diphenylnitrosamine (difficult to Phenol Chromium (Total) Nickel Phthalic anhydride (measured as Phthalic anhydride (measured as Phthalic anhydride (measured as Phthalic anhydride (measured as NA NA ...... ride in ethylene dichloride production. vinyl chloride monomer production fluoromethanes production nol/acetone from cumene anhydride from naphthalene anhydride from naphthalene nitrobenzene by the nitration of benzene ethyl pyridines diisocyanate production Heavy ends from the distillation of ethylene dichlo- Heavy ends from the distillation of vinyl chloride in Aqueous spent antimony catalyst waste from Distillation bottom tars from the production of phe- Distillation light ends from the production of phthalic Distillation bottoms from the production of phthalic Distillation bottoms from the production of Stripping still tails from the production of methyl Centrifuge and distillation residues from toluene ...... K019 K020 K021 K022 K023 K024 K025 K026 K027 15620 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 30 30 14 10 30 19 NA NA 6.0 5.6 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 NA 5.6 6.0 6.0 2.4 2.4 2.4 0.26 0.066 0.066 nology code 5.0 mg/l TCLP 5.0 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- 0.86 mg/l TCLP 0.37 mg/l TCLP Concentration in Nonwastewaters 4 NA NA 1.4 NA NA ; or tech- 2.77 0.69 0.69 3.98 0.21 0.27 3 0.059 0.055 0.055 0.057 0.054 0.054 0.046 0.025 0.054 0.088 0.055 0.055 0.055 0.057 0.057 0.057 0.054 0.057 0.056 0.090 0.056 0.055 0.016 0.0033 0.0012 Wastewaters nology code mg/l Concentration in No. 2 75±34±3 87±68±3 67±72±1 76±01±7 79±34±6 71±55±6 79±00±5 67±66±3 75±35±4 71±55±6 75±01±4 95±50±1 87±68±3 67±72±1 76±01±7 95±94±3 77±47±4 57±74±9 76±44±8 77±47±4 77±47±4 156±60±5 630±20±6 107±06±2 127±18±4 106±46±7 608±93±5 127±18±4 120±82±1 CAS 7440±47±3 1888±71±7 7440±38±2 7440±43±9 1024±57±3 7439±92±1 7440±02±0 ...... ÐContinued ...... ASTES ...... Common name W ...... Regulated hazardous constituent ...... mers) 1,1-Dichloroethane Hexachlorocyclopentadiene trans-1,2-Dichloroethylene Hexachlorobutadiene Hexachloroethane Pentachloroethane 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane Tetrachloroethylene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Cadmium Chromium (Total) Lead Nickel Chloroform 1,2-Dichloroethane 1,1-Dichloroethylene 1,1,1-Trichloroethane Vinyl chloride o-Dichlorobenzene p-Dichlorobenzene Hexachlorobutadiene Hexachloroethane Hexachloropropylene Pentachlorobenzene Pentachloroethane 1,2,4,5-Tetrachlorobenzene Tetrachloroethylene 1,2,4-Trichlorobenzene Arsenic Hexachlorocyclopentadiene Chlordane (alpha and gamma iso- Heptachlor Heptachlor epoxide Hexachlorocylopentadiene . AZARDOUS H . (Note: NA means not applicable.) . 1 TANDARDS FOR . S category . . REATMENT T . the production of 1,1,1-trichloroethane duction of 1,1,1-trichloroethane production of trichloroethylene and perchloroethylene MSMA and cacodylic acid of chlordane of cyclopentadiene in the production chlordane hexachlorocyclopentadiene in the production of chlordane Waste description and treatment/regulatory sub- Spent catalyst from the hydrochlorinator reactor in Waste from the product steam stripper in pro- Column bodies or heavy ends from the combined By-product salts generated in the production of Wastewater treatment sludge from the production Wastewater and scrub water from the chlorination Filter solids from the filtration of Waste code ...... K028 K029 K030 K031 K032 K033 K034 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15621 14 10 10 19 14 14 3.4 3.4 3.4 3.4 3.4 5.6 5.6 5.6 8.2 3.4 3.4 3.4 5.6 5.6 6.2 8.2 6.2 6.2 4.6 4.6 2.6 6.0 6.0 7.4 7.4 7.4 7.4 6.0 0.001 0.001 0.001 0.001 0.001 CMBST NA NA NA NA NA 0.11 0.77 0.77 0.18 0.059 0.061 0.059 0.059 0.017 0.088 0.055 0.035 0.030 0.089 0.059 0.068 0.039 0.067 0.017 0.080 0.021 0.021 0.090 0.055 0.055 0.044 0.044 0.056 0.0095 CMBST 0.000063 0.000063 0.000063 0.000035 0.000063 CARBN, or NA NA NA NA NA NA 83±32±9 56±55±3 50±32±8 95±48±7 53±70±3 86±73±7 91±20±3 85±01±8 95±50±1 95±94±3 95±95±4 88±06±2 58±90±2 87±86±5 298±04±4 120±12±7 218±01±9 108±39±4 106±44±5 193±39±5 108±95±2 129±00±0 298±04±4 108±88±3 298±02±2 298±02±2 120±83±2 206±44±0 106±46±7 608±93±5 120±82±1 187±65±0 127±18±4 8001±35±2 ...... from p-cresol) from m-cresol) p-dioxins) Hexachlorodibenzofurans) p-dioxins) Pentachlorodibenzofurans) dioxins) Disulfoton Toxaphene Acenaphthene Anthracene Benz(a)anthracene Benzo(a)pyrene Chrysene o-Cresol m-Cresol (difficult to distinguish p-Cresol (difficult to distinguish Dibenz(a,h)anthracene Fluoranthene Fluorene Indeno(1,2,3-cd)pyrene Naphthalene Phenanthrene Phenol Pyrene Disulfoton Toluene Phorate NA Phorate o-Dichlorobenzene p-Dichlorobenzene Pentachlorobenzene 1,2,4,5-Tetrachlorobenzene 1,2,4-Trichlorobenzene 2,4-Dichlorophenol 2,6-Dichlorophenol 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,3,4,6-Tetrachlorophenol Pentachlorophenol Tetrachloroethylene HxCDDs (All Hexachlorodibenzo- HxCDFs (All PeCDDs (All Pentachlorodibenzo- PeCDFs (All TCDDs (All Tetrachlorodibenzo-p- ...... production of creosote the production of disulfoton of disulfoton phorate production diethylphosphorodithioc acid in the production of phorate of phorate of toxaphene tion of tetrachlorobenzene in the production 2,4,5-T 2,4-D Wastewater treatment sludges generated in the Still bottoms from toluene reclamation distillation in Wastewater treatment sludges from the production Wastewater from the washing and stripping of Filter cake from the filtration of Wastewater treatment sludge from the production Wastewater treatment sludge from the production Heavy ends or distillation residues from the distilla- 2,6-Dichlorophenol waste from the production of ...... K035 K036 K037 K038 K039 K040 K041 K042 K043 15622 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 28 30 30 10 28 10 28 10 10 10 10 NA NA 3.4 3.4 5.6 5.6 6.2 8.2 3.4 3.4 NA 3.4 NA 5.6 5.6 6.2 8.2 590 0.001 DEACT DEACT DEACT nology code 5.0 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- 0.37 mg/l TCLP 0.86 mg/l TCLP Concentration in Nonwastewaters 4 NA 3.8 1.2 ; or tech- 0.69 0.32 2.77 0.69 0.32 0.14 0.28 0.14 0.28 3 0.061 0.057 0.059 0.059 0.059 0.061 0.059 0.059 0.059 0.057 0.039 0.067 0.080 0.059 0.059 0.036 0.057 0.039 0.067 0.080 DEACT DEACT DEACT 0.000063 Wastewaters nology code mg/l Concentration in No. 2 NA NA NA NA 71±43±2 50±32±8 84±74±2 86±73±7 91±20±3 85±01±8 71±43±2 50±32±8 75±15±0 91±20±3 85±01±8 57±12±5 218±01±9 100±41±4 108±95±2 129±00±0 105±67±9 100±41±4 108±95±2 129±00±0 108±88±3 117±81±7 120±12±7 117±81±7 CAS 1330±20±7 7440±47±3 1330±20±7 108±88±33 7439±92±1 7439±92±1 7440±02±0 2218±01±9 ...... ÐContinued ...... 7 ...... ASTES ...... Common name ...... W Regulated hazardous constituent ...... Tetrachlorodibenzofurans) , m-, and p-xylene concentra- tions) , m-, and p-xylene concentra- tions) Lead TCDFs (All NA NA NA Benzene Benzo(a)pyrene bis(2-Ethylhexyl) phthalate Chrysene Di-n-butyl phthalate Ethylbenzene Fluorene Naphthalene Phenanthrene Phenol Pyrene Toluene Xylenes-mixed isomers (sum of o- Chromium (Total) Cyanides (Total) Lead Nickel Anthracene Benzene Benzo(a)pyrene bis(2-Ethylhexyl) phthalate Carbon disulfide Chrysene 2,4-Dimethylphenol Ethylbenzene Naphthalene Phenanthrene Phenol Pyrene Toluene Xylenes-mixed isomers (sum of o- AZARDOUS H ...... (Note: NA means not applicable.) 1 TANDARDS FOR S . . category . REATMENT T . turing and processing of explosives containing explosives turing, formulation and loading of lead-based initi- ating compounds leum refining industry industry Waste description and treatment/regulatory sub- Wastewater treatment sludges from the manufac- Spent carbon from the treatment of wastewater Wastewater treatment sludges from the manufac- Pink/red water from TNT operations Dissolved air flotation (DAF) float from the petro- Slop oil emulsion solids from the petroleum refining Waste code ...... K044 K045 K046 K047 K048 K049 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15623 30 30 10 28 10 10 10 10 28 10 10 NA NA NA NA NA 3.4 6.2 NA 3.4 3.4 3.4 3.4 5.6 5.6 6.2 8.2 3.4 5.6 5.6 5.6 NA 5.6 5.6 6.2 3.4 5.6 6.2 590 590 590 590 5.0 mg/l TCLP 5.0 mg/l TCLP 5.0 mg/l TCLP 5.0 mg/l TCLP 0.86 mg/l TCLP 0.86 mg/l TCLP 0.86 mg/l TCLP 0.86 mg/l TCLP NA NA NA NA 1.2 1.2 1.2 1.2 2.77 0.69 2.77 0.69 0.32 2.77 0.69 0.32 2.77 0.69 0.14 0.28 0.08 0.14 0.11 0.77 0.77 0.08 0.14 0.061 0.059 0.059 0.061 0.059 0.059 0.059 0.061 0.059 0.059 0.061 0.059 0.039 0.059 0.059 0.057 0.057 0.039 0.067 0.036 0.057 0.039 0.039 50±32±8 83±32±9 56±55±3 71±43±2 50±32±8 86±73±7 91±20±3 85±01±8 71±43±2 50±32±8 95±48±7 91±20±3 85±01±8 71±43±2 50±32±8 91±20±3 57±12±5 57±12±5 57±12±5 57±12±5 108±95±2 120±12±7 105±67±9 100±41±4 108±95±2 129±00±0 108±88±3 108±39±4 106±44±5 105±67±9 100±41±4 108±95±2 108±88±3 108±95±2 117±81±7 7440±47±3 7440±47±3 1330±20±7 7440±47±3 1330±20±7 7440±47±3 7439±92±1 7439±92±1 7439±92±1 7439±92±1 7440±02±0 7440±02±0 2218±01±9 7440±02±0 7440±02±0 ...... 7 7 7 7 ...... , m-, and p-xylene concentra- tions) from p-cresol) from m-cresol) , m-, and p-xylene concentra- tions) Cyanides (Total) Chromium (Total) Lead Nickel Benzo(a)pyrene Phenol Cyanides (Total) Chromium (Total) Lead Nickel Acenaphthene Anthracene Benz(a)anthracene Benzene Benzo(a)pyrene bis(2-Ethylhexyl) phthalate Chrysene Di-n-butyl phthalate Ethylbenzene Fluorene Naphthalene Phenanthrene Phenol Pyrene Toluene Xylenes-mixed isomers (sum of o- Cyanides (Total) Chromium (Total) Lead Nickel Benzene Benzo(a)pyrene o-Cresol m-Cresol (difficult to distinguish p-Cresol (difficult to distinguish 2,4-Dimethylphenol Ethylbenzene Naphthalene Phenanthrene Phenol Toluene Xylenes-mixed isomers (sum of o- Chromium (Total) Cyanides (Total) Lead Nickel Benzene Benzo(a)pyrene Naphthalene Phenol ...... petroleum refining industry industry industry Heat exchanger bundle cleaning sludge from the API separator sludge from the petroleum refining Tank bottoms (leaded) from the petroleum refining Ammonia still lime sludge from coking operations ...... K050 K051 K052 K060 15624 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 14 10 NA 6.0 6.0 6.0 6.0 NA 590 RLEAD nology code 2.1 mg/l TCLP 5.0 mg/l TCLP 7.6 mg/l TCLP 5.0 mg/l TCLP 5.3 mg/l TCLP 5.0 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- 0.86 mg/l TCLP 0.37 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.19 mg/l TCLP 0.37 mg/l TCLP 0.19 mg/l TCLP 0.16 mg/l TCLP 0.30 mg/l TCLP 0.02 mg/l TCLP Concentration in Nonwastewaters 0.014 mg/l TCLP 0.025 mg/l TCLP 0.078 mg/l TCLP 0.025 mg/l TCLP 4 NA NA NA NA NA NA NA NA NA NA NA NA 1.2 ; or tech- 2.77 0.69 2.77 0.69 0.69 0.69 0.69 3.98 3.98 0.15 0.81 0.14 0.36 3 0.057 0.046 0.055 0.054 0.056 Wastewaters nology code mg/l Concentration in No. 2 NA 56±23±5 67±66±3 67±72±1 71±55±6 62±53±3 71±43±2 57±12±5 127±18±4 108±94±1 CAS 7440±47±3 7440±43±9 7440±43±9 7782±49±2 7440±22±4 7440±28±0 7439±97±6 7440±36±0 7439±92±1 7440±47±3 7439±92±1 7439±92±1 7440±38±2 7440±39±3 7440±41±7 7439±97±6 7440±02±0 7440±66±6 7440±02±0 7439±97±6 7439±97±6 ...... ÐContinued ...... 7 ...... ASTES ...... Common name ...... W ...... Regulated hazardous constituent ...... Antimony Chromium (Total) Carbon tetrachloride Cyanides (Total) Arsenic Barium Beryllium Cadmium Chromium (Total) Lead Mercury Nickel Selenium Silver Thallium Zinc Lead Nickel Cadmium Lead NA Mercury Mercury Mercury Chloroform Hexachloroethane Tetrachloroethylene 1,1,1-Trichloroethane Aniline Benzene Cyclohexanone AZARDOUS H ...... (Note: NA means not applicable.) . . 1 TANDARDS FOR S ...... category REATMENT T . . duction of steel in electric furnaces erations of facilities within the iron and steel in- dustry (SIC Codes 331 and 332) smelling.ÐCalcium Sulfate (Low Lead) Sub- category smellingÐNon-Calcium Sulfate (High Lead) Sub- category process in chlorine production, where separately prepurified brine is not used) nonwastewaters that are residues from RMERC process in chlorine production, where separately prepurified brine is not used) nonwastewaters that are not residues from RMERC step of the diaphragm cell process using graphite anodes in chlorine production Waste description and treatment/regulatory sub- Emission control dust/sludge from the primary pro- Spent pickle liquor generated by steel finishing op- Emission control dust/sludge from secondary lead Emission control dust/sludge from secondary lead K071 (Brine purification muds from the mercury cell K071 (Brine purification muds from the mercury cell All K071 wastewaters Chlorinated hydrocarbon waste from the purification Distillation bottoms from aniline production Waste code ...... K061 K062 K069 K071 K073 K083 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15625 14 14 28 28 30 14 13 13 10 10 28 28 33 36 33 30 10 10 10 19 28 28 10 10 6.2 6.0 6.0 6.0 6.0 9.7 2.6 NA 6.0 NA 5.6 6.0 6.0 3.4 3.4 3.4 3.4 160 590 5.0 mg/l TCLP 5.0 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 1.4 5.6 5.6 1.2 2.77 0.69 0.92 0.92 3.98 0.14 0.10 0.28 0.28 0.36 0.20 0.34 0.28 0.14 0.32 0.14 0.068 0.088 0.055 0.010 0.017 0.088 0.057 0.089 0.059 0.068 0.054 0.054 0.059 0.039 0.057 0.036 0.090 0.055 0.055 0.055 0.047 0.017 0.057 0.080 0.059 0.068 0.0055 86±30±6 98±95±3 71±43±2 95±50±1 95±94±3 67±64±1 96±86±2 71±36±3 85±68±7 95±50±1 84±66±2 84±74±2 67±56±1 78±93±3 75±09±2 91±20±3 98±95±3 71±55±6 79±01±6 71±43±2 57±12±5 208±96±8 108±95±2 108±90±7 541±73±1 118±74±1 117±81±7 131±11±3 117±84±0 141±78±6 100±41±4 108±10±1 108±88±3 218±01±9 193±39±5 122±39±4 106±46±7 608±93±5 120±82±1 108±94±1 206±44±0 7440±47±3 7439±92±1 7440±02±0 7440±38±2 1336±36±3 1330±20±7 ...... 7 ...... guish from diphenylnitrosamine) distinguish from diphenylamine) mers, or all Aroclors) ,m-, and p-xylene concentra- tions) Acenaphthylene Diphenylamine (difficult to distin- Diphenylnitrosamine (difficult to Nitrobenzene Phenol Nickel Arsenic Benzene Chlorobenzene m-Dichlorobenzene o-Dichlorobenzene p-Dichlorobenzene Hexachlorobenzene Total PCBs (sum of all PCB iso- Pentachlorobenzene 1,2,4,5-Tetrachlorobenzene 1,2,4-Trichlorobenzene Acetone Acetophenone bis(2-Ethylhexyl phthalate n-Butyl alcohol Butylbenzyl phthalate Cyclohexanone o-Dichlorobenzene Diethyl phthalate Dimethyl phthalate Di-n-butyl phthalate Di-n-octyl phthalate Ethyl acetate Ethylbenzene Menthanol Methyl ethyl ketone Methyl isobutyl ketone Methylene chloride Naphthalene Nitrobenzene Toluene 1,1,1-Trichloroethane Trichloroethylene Xylenes-mixed isomers (sum of o- Chromium (Total) Cyanides (Total) Lead Benzene Chrysene Fluoranthene Indeno(1,2,3-cd)pyrene ...... the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds production of chlorobenzenes sludges, or water washes and sludges from cleaning tubs and equipment used in the formu- lation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead Wastewater treatment sludges generated during Distillation or fractionation column bottoms from the Solvent wastes and sludges, caustic washes Decanter tank tar sludge from coking operations ...... K084 K085 K086 K087 15626 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 28 28 30 10 28 28 5.6 5.6 3.4 3.4 3.4 3.4 6.8 6.8 1.8 3.4 8.2 3.4 3.4 5.6 8.2 590 nology code 48 mg/l TCLP 5.0 mg/l TCLP 7.6 mg/l TCLP 5.0 mg/l TCLP 2.1 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- 0.37 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 0.19 mg/l TCLP 0.16 mg/l TCLP 0.30 mg/l TCLP Concentration in Nonwastewaters 0.014 mg/l TCLP 0.025 mg/l TCLP 4 35 1.4 1.2 1.2 1.9 ; or tech- 0.32 0.69 2.77 0.69 0.11 0.11 0.82 0.69 0.15 3.98 0.82 0.43 0.86 3 0.059 0.059 0.059 0.059 0.061 0.055 0.059 0.055 0.055 0.080 0.059 0.059 0.068 0.067 0.055 0.055 0.0055 0.0055 Wastewaters nology code mg/l Concentration in No. 2 83±32±9 91±20±3 85±01±8 56±55±3 50±32±8 53±70±3 85±01±8 57±12±5 57±12±5 85±44±9 85±44±9 191±24±2 108±88±3 120±12±7 205±99±2 207±08±9 218±01±9 129±00±0 100±21±0 100±21±0 206±44±0 193±39±5 CAS 1330±20±7 7440±47±3 7440±36±0 7440±43±9 7782±49±2 7440±22±4 7439±92±1 7439±92±1 7440±38±2 7440±39±3 7440±41±7 7439±97±6 7440±02±0 16984±48±8 ...... ÐContinued ...... ASTES ...... Common name ...... W ...... Regulated hazardous constituent ...... , m-, and p-xylene concentra- tions) Phthalic acid or Terephthalic acid) Phthalic acid or Terephthalic acid) Phthalic acid or Terephthalic acid) Phthalic acid or Terephthalic acid) Acenaphthene Naphthalene Phenanthrene Toluene Xylenes-mixed isomers (sum of o- Lead Anthracene Benz(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene Benzo(k)fluoranthene Benzo(g,h,i)perylene Chrysene Dibenz(a,h)anthracene Fluoranthene Indeno(1,2,3-c,d)pyrene Phenanthrene Pyrene Antimony Arsenic Barium Beryllium Cadmium Chromium (Total) Lead Mercury Nickel Selenium Silver Cyanide (Total) Cyanide (Amenable) Fluoride Phthalic anhydride (measured as Phthalic anhydride (measured as Phthalic anhydride (measured as Phthalic anhydride (measured as ... AZARDOUS H (Note: NA means not applicable.) . . 1 TANDARDS FOR S category REATMENT T anhydride from ortho-xylene anhydride from ortho-xylene Waste description and treatment/regulatory sub- Spent potliners from primary aluminum reduction Distillation light ends from the production of phthalic Distillation bottoms from the production of phthalic Waste code ...... K088 K093 K094 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15627 30 13 10 14 19 NA NA NA NA 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 2.4 2.6 NA NA 0.26 0.066 0.066 0.001 0.001 0.001 0.001 0.001 0.001 5.0 mg/l TCLP 5.0 mg/l TCLP 0.19 mg/l TCLP 0.86 mg/l TCLP 0.37 mg/l TCLP 1.4 1.4 0.69 2.77 0.69 0.69 0.69 0.72 0.27 0.69 0.15 0.69 0.15 0.055 0.055 0.057 0.054 0.054 0.036 0.055 0.057 0.054 0.054 0.057 0.028 0.057 0.056 0.057 0.056 0.055 0.016 0.0033 0.0012 0.0095 0.000063 0.000063 0.000063 0.000035 0.000063 0.000063 NA NA NA NA NA NA 67±72±1 76±01±7 79±34±6 79±00±5 79±01±6 76±01±7 79±34±6 79±00±5 79±01±6 57±74±9 76±44±8 77±47±4 94±75±7 88±74±4 88±75±5 630±20±6 630±20±6 541±73±1 127±18±4 127±18±4 120±82±1 8001±35±2 7440±43±9 7440±47±3 1024±57±3 7440±43±9 7440±43±9 7439±92±1 7439±92±1 7439±92±1 7440±38±2 7439±97±6 7440±38±2 7439±97±6 ...... mers) p-dioxins) Hexachlorodibenzofurans) p-dioxins) Pentachlorodibenzofurans) dioxins) Tetrachlorodibenzofurans) m-Dichlorobenzene Toxaphene Hexachloroethane Pentachloroethane 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane Tetrachloroethylene 1,1,2-Trichloroethane Trichloroethylene Pentachloroethane 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane Tetrachloroethylene 1,2,4-Trichlorobenzene 1,1,2-Trichloroethane Trichloroethylene Chlordane (alpha and gamma iso- Heptachlor Heptachlor epoxide Hexachlorocyclopentadiene 2,4-Dichlorophenoxyacetic acid HxCDDs (All Hexachlorodibenzo- HxCDFs (All PeCDDs (All Pentachlorodibenzo- PeCDFs (All TCDDs (All Tetrachlorodibenzo-p- TCDFs (All Cadmium Chromium (Total) Lead o-Nitroaniline Arsenic Cadmium Lead Mercury o-Nitrophenol Arsenic Cadmium Lead Mercury ...... trichloroethane production of 1,1,1-trichloroethane chlorinator in the production of chlordane of toxaphene sion control dust/sludge from secondary lead smelting line-based compounds in the production of veteri- nary pharmaceuticals from arsenic or organo-ar- senic compounds orization in the production of veterinary pharma- ceuticals from arsenic or organo-arsenic com- pounds Distillation bottoms from the production of 1,1,1- Heavy ends from the heavy column Vacuum stripper discharge from the chlordane Untreated process wastewater from the production Untreated wastewater from the production of 2,4-D Waste leaching solution from acid of emis- Distillation tar residues from the distillation of ani- Residue from the use of activated carbon for decol- ...... K095 K096 K097 K098 K099 K100 K101 K102 15628 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 14 14 14 10 14 10 10 NA 6.2 6.2 6.0 5.7 6.0 6.0 6.2 7.4 7.4 160 160 590 CMBST CMBST CMBST RMERC nology code mg/kg noted as ``mg/l TCLP''; or tech- 0.20 mg/l TCLP Concentration in Nonwastewaters 0.025 mg/l TCLP 4 NA NA NA 1.2 ; or tech- 0.81 0.14 0.12 0.81 0.14 0.12 0.14 0.18 0.15 3 0.068 0.068 0.044 0.088 0.035 0.039 0.039 0.057 0.090 0.039 CHOXD fb CHOXD fb CHOXD fb CMBST; or CARBN; or CMBST; or CARBN; or CMBST; or CARBN; or Wastewaters nology code mg/l Concentration in BIODG fb CARBN BIODG fb CARBN BIODG fb CARBN No. 2 NA NA NA 62±53±3 71±43±2 51±28±5 98±95±3 62±53±3 71±43±2 51±28±5 98±95±3 71±43±2 95±57±8 95±50±1 95±95±4 88±06±2 57±12±5 108±95±2 108±95±2 108±90±7 108±95±2 106±46±7 CAS 7439±97±6 7439±97±6 7439±97±6 7439±97±6 ...... ÐContinued ...... 7 ...... ASTES ...... Common name ...... W Regulated hazardous constituent ...... Mercury Mercury Aniline Benzene 2,4-Dinitrophenol Nitrobenzene Phenol Aniline Benzene 2,4-Dinitrophenol Nitrobenzene Phenol Cyanides (Total) Benzene Chlorobenzene 2-Chlorophenol o-Dichlorobenzene p-Dichlorobenzene Phenol 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol Mercury Mercury NA NA NA AZARDOUS H . . (Note: NA means not applicable.) . . . . 1 TANDARDS FOR S ...... category . . REATMENT T production of aniline nitrobenzene/aniline production uct washing step in the production of chlorobenzenes cury cell process in chlorine production) nonwastewaters that contain greater than or equal to 260 mg/kg total mercury cury cell process in chlorine production) nonwastewaters that contain less than 260 mg/kg total mercury that are residues from RMERC 260 mg/kg total mercury and are not residues from RMERC production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides ration and condensed reactor vent gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazines the production of 1,1-dimethyhydrazine (UDMH) from carboxylic acid hydrazides Waste description and treatment/regulatory sub- Process residues from aniline extraction the Combined wastewater streams generated from Separated aqueous stream from the reactor prod- K106 (wastewater treatment sludge from the mer- K106 (wastewater treatment sludge from the mer- Other K106 nonwastewaters that contain less than All K106 wastewaters Column bottoms from product separation the Condensed column overheads from product sepa- Spent filter cartridges from product purification Waste code ...... K103 K104 K105 K106 K107 K108 K109 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15629 28 15 15 15 15 15 6.0 6.0 140 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST 5.0 mg/l TCLP 0.32 0.55 3.98 0.11 0.11 0.11 0.046 0.046 0.028 0.028 CMBST CMBST CMBST CMBST CARBN) CARBN) CARBN) CARBN) CHOXD fb CHOXD fb CHOXD fb (BIODG or CHOXD fb (BIODG or (BIODG or (BIODG or CHOXD fb CHOXD fb CMBST; or CARBN; or CMBST; or CARBN; or CARBN; or CARBN; or CARBN; or CMBST; or CMBST; or CARBN; or CMBST; or CMBST; or BIODG fb CARBN BIODG fb CARBN NA NA NA NA NA NA NA NA NA NA 121±1±2 74±83±9 67±66±3 74±83±9 67±66±3 74±83±9 606±20±2 106±93±4 106±93±4 7440±02±0 ...... Dibromoethane) Dibromoethane) NA NA 2,4-Dinitrotoluene 2,6-Dinitrotoluene NA NA NA Nickel NA NA Methyl bromide (Bromomethane) Chloroform Ethylene dibromide (1,2- Methyl bromide (Bromomethane) Chloroform Ethylene dibromide (1,2- NA NA NA Methyl bromide (Bromomethane) ...... separation from the production of 1,1- dimethyhydrazine (UDMH) from carboxylic acid hydrazides toluene via nitration of in the production of toluenediamine via hydro- genation of dinitrotoluene toluenediamine in the production of toluenediamine via hydrogenation of dinitrotolu- ene the production of toluenediamine via hydro- genation of dinitrotoluene in the production of toluenediamine via hydro- genation of dinitrotoluene umn in the production of toluene diisocyanate via phosgenation of toluenediamine the production of ethylene dibromide via bromi- nation of ethene dibromide in the production of ethylene via bromination of ethene and washwaters) from the production of ethylenebisdithiocarbamic acid and its salts ethylenebisdithiocarbamic acid and its salts from the production of ethylenebisdithiocarbamic acid and its salts packaging operations from the production or for- mulation of ethylenebisdithiocarbamic acid and its salts from the acid dryer production of methyl bromide Condensed column overheads from intermediate Product washwaters from the production of dinitro- Reaction by-product water from the drying column Condensed liquid light ends from the purification of Vicinals from the purification of toluenediamine in Heavy ends from the purification of toluenediamine Organic condensate from the solvent recovery col- Wastewater from the reactor vent gas scrubber in Spent absorbent solids from purification of ethylene Process wastewater (including supernates, filtrates, Reactor vent scrubber water from the production of Filtration, evaporation, and centrifugation solids Baghouse dust and floor sweepings in milling Wastewater from the reactor and spent sulfuric acid ...... K110 K111 K112 K113 K114 K115 K116 K117 K118 K123 K124 K125 K126 K131 15630 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 10 10 15 15 10 15 6.0 7.4 3.4 3.4 6.8 6.8 3.4 8.2 3.4 3.4 3.4 6.8 6.8 3.4 8.2 3.4 3.4 nology code mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters 4 ; or tech- 0.14 0.14 0.11 0.11 0.11 0.11 0.11 0.11 0.14 3 0.046 0.059 0.061 0.055 0.059 0.061 0.055 0.059 0.028 0.035 0.059 0.059 0.0055 0.0055 Wastewaters nology code mg/l Concentration in No. 2 50±2±8 71±43±2 71±43±2 74±83±9 74±83±9 67±66±3 56±55±3 53±70±3 50±32±8 50±32±8 53±70±3 71±43±2 56±55±3 118±79±6 205±99±2 207±08±9 218±01±9 205±99±2 207±08±9 218±01±9 106±93±4 193±39±5 193±39±5 CAS ...... ÐContinued ...... ASTES ...... Common name W Regulated hazardous constituent Dibromoethane) distinguish from benzo(k)fluoranthene) distinguish from benzo(b)fluoranthene) distinguish from benzo(k)fluoranthene) distinguish from benzo(b)fluoranthene) Benzene Benzene Methyl bromide (Bromomethane) Methyl bromide (Bromomethane) Chloroform Ethylene dibromide (1,2- 2,4,6-Tribromophenol Benz(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene (difficult to Benzo(k)fluoranthene (difficult to Chrysene Dibenz(a,h)anthracene Indeno(1,2,3±cd)pyrene Benz(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene (difficult to Benzo(k)fluoranthene (difficult to Chrysene Dibenz(a,h)anthracene Indeno(1,2,3±cd)pyrene Benzene Benz(a)anthracene AZARDOUS H . (Note: NA means not applicable.) . . . 1 TANDARDS FOR . S category REATMENT T . from the production of methyl bromide dibromide in the production of ethylene via bromination of ethene tion of 2,4,6-tribromophenol cluding, but not limited to, collecting sump resi- dues from the production of coke or recovery of coke by-products produced from coal. This list- ing does not include K087 (decanter tank tar sludge from coking operations) coke from coal or the recovery of by- products produced from coal cluding, but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal Waste description and treatment/regulatory sub- Spent absorbent and wastewater separator solids Still bottoms from the purification of ethylene Waste solids and filter cartridges from the produc- Process residues from the recovery of coal tar, in- Tar storage tank residues from the production of Process residues from the recovery of light oil, in- Waste code ...... K132 K136 K140 K141 K142 K143 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15631 10 10 10 3.4 6.8 6.8 3.4 3.4 3.4 6.8 6.8 3.4 8.2 3.4 3.4 3.4 8.2 5.6 3.4 3.4 6.8 6.8 3.4 8.2 3.4 3.4 6.8 6.8 3.4 8.2 3.4 3.4 0.14 0.11 0.11 0.14 0.11 0.11 0.14 0.11 0.11 0.11 0.11 0.061 0.059 0.061 0.055 0.059 0.061 0.055 0.059 0.059 0.061 0.055 0.059 0.061 0.055 0.059 0.059 0.059 0.059 0.059 0.0055 0.0055 71±43±2 50±32±8 71±43±2 56±55±3 50±32±8 53±70±3 71±43±2 56±55±3 50±32±8 53±70±3 91±20±3 56±55±3 50±32±8 53±70±3 56±55±3 50±32±8 53±70±3 205±99±2 207±08±9 218±01±9 205±99±2 207±08±9 218±01±9 218±01±9 205±99±2 207±08±9 218±01±9 193±39±5 205±99±2 207±08±9 218±01±9 193±39±5 ...... distinguish from benzo(k) fluo- ranthene) distinguish from benzo(b)fluoranthene) distinguish from benzo(k)fluoranthene) distinguish from benzo(b)fluoranthene) distinguish from benzo(k)fluoranthene) distinguish from benzo(b)fluoranthene) distinguish from benzo(k)fluoranthene) distinguish from benzo(b)fluoranthene) Benzene Benzo(a)pyrene Benzo(b)fluoranthene (difficult to Benzo(k)fluoranthene (difficult to Benzene Chrysene Benz(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene (difficult to Benzo(k)fluoranthene (difficult to Chrysene Dibenz(a,h)anthracene Benzene Benz(a)anthracene Benzo(a)pyrene Chrysene Dibenz(a,h)anthracene Naphthalene Benz(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene (difficult to Benzo(k)fluoranthene (difficult to Chrysene Dibenz(a,h)anthracene Indeno(1,2,3-cd)pyrene Benz(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene (difficult to Benzo(k)fluoranthene (difficult to Chrysene Dibenz(a,h)anthracene Indeno(1,2,3-cd)pyrene ...... including, but not limited to, intercepting or con- tamination sump sludges from the recovery of coke by-products produced from coal operations from the recovery of coke by-products produced from coal limited to, still bottoms Wastewater sump residues from light oil refining, Residues from naphthalene collection and recovery Tar storage tank residues from coal tar refining Residues from coal tar distillation, including, but not ...... K144 K145 K147 K148 15632 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 10 10 14 10 30 10 10 14 19 33 10 10 10 14 10 14 10 10 30 36 16 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 5.6 6.2 6.0 6.0 6.0 1.8 9.7 1.4 1.4 1.4 6.0 6.0 6.0 160 0.14 0.14 0.14 nology code mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters 4 5.6 ; or tech- 0.19 0.19 0.14 0.14 0.28 0.81 0.14 0.28 3 0.057 0.046 0.090 0.055 0.055 0.055 0.080 0.057 0.046 0.090 0.055 0.055 0.055 0.057 0.056 0.055 0.059 0.057 0.046 0.055 0.055 0.055 0.056 0.080 0.039 0.014 0.010 0.056 0.006 0.056 0.006 0.028 0.057 0.046 0.088 0.611 0.028 0.089 Wastewaters nology code mg/l Concentration in No. 2 67±66±3 74±87±3 95±94±3 56±23±5 67±66±3 74±87±3 95±94±3 79±34±5 71±43±2 56±23±5 67±66±3 95±94±3 67±64±1 75±05±8 96±86±2 62±53±3 71±43±2 67±66±3 95±50±1 91±20±3 75±09±2 78±93±3 108±90±7 106±46±7 118±74±1 118±74±1 608±93±5 127±18±4 120±82±1 118±74±1 608±93±5 127±18±4 108±88±3 63±25±21 108±90±7 108±10±1 108±95±2 608±93±5 108±88±3 106±46±7 110±54±3 110±86±1 CAS 1563±66±2 17804±35±2 10605±21±7 55285±14±8 16752±77±5 ...... ÐContinued ...... ASTES ...... Common name ...... W ...... Regulated hazardous constituent ...... Toluene 1,1,2,2-Tetrachlorotehane Tetrachloroethylene 1,2,4-Trichlorobenzene Chlorobenzene Chloroform Chloromethane p-Dichlorobenzene Hexachlorobenzene Pentachlorobenzene 1,2,4,5-Tetrachlorobenzene Carbon tetrachloride Chloroform Chloromethane p-Dichlorobenzene Hexachlorobenzene Pentachlorobenzene 1,2,4,5-Tetrachlorobenzene Benzene Carbon tetrachloride Chloroform Hexachlorobenzene Pentachlorobenzene 1,2,4,5-Tetrachlorobenzene Tetrachloroethylene Toluene Acetone Acetonitrile Acetophenone Aniline Benomyl Benzene Carbaryl Carbenzadim Carbofuran Carbosulfan Chlorobenzene Chloroform o-Dichlorobenzene Hexane Methomyl Methylene chloride Methyl ethyl ketone Methyl isobutyl ketone Naphthalene Phenol Pyridine . AZARDOUS H (Note: NA means not applicable.) 1 TANDARDS FOR S . . category . REATMENT T (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. (This waste does not include still bottoms from the distilla- tions of benzyl chloride.) ent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the pro- duction of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated benzoyl chlorides, and compounds with mixtures of these functional groups ization and biological sludges, generated during the treatment of wastewaters from production of alpha- (or methyl-) chlorinated toluenes, ring- chlorinated toluenes, benzoyl chlorides, and com- pounds with mixtures of these functional groups light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes Waste description and treatment/regulatory sub- Distillation bottoms from the production of alpha- Organic residuals, excluding spent carbon adsorb- Wastewater treatment sludges, excluding neutral- Organic waste (including heavy ends, still bottoms, Waste code ...... K149 K150 K151 K156 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15633 30 30 30 30 30 30 36 33 10 10 30 10 16 10 10 28 6.0 6.0 1.5 5.6 1.5 1.4 1.4 1.4 6.0 6.2 1.5 1.4 1.4 1.4 1.4 1.4 1.5 1.4 1.4 1.4 1.4 1.4 160 0.14 0.14 CMBST 2.1 mg/l TCLP 4.8 mg/l TCLP 5.0 mg/l TCLP 016 mg/l TCLP 0.75 mg/l TCLP 0.75 mg/l TCLP 0.37 mg/l TCLP 5.6 5.6 1.9 3.8 0.32 0.28 0.19 0.32 0.32 0.28 0.14 0.14 0.14 0.32 0.69 3.98 0.82 0.057 0.046 0.028 0.089 0.056 0.046 0.089 0.080 0.081 0.014 0.081 0.056 0.056 0.006 0.028 0.611 0.039 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.080 0.003 0.028 CBMST CARBN; or CHOXD) fb (WETOX or NA NA NA 67±64±1 56±23±5 67±66±3 74±87±3 67±56±1 75±09±2 78±93±3 95±54±5 71±43±2 67±66±3 67±56±1 75±09±2 71±43±2 75±15±0 81±81±2 108±88±3 121±44±8 108±10±1 121±44±8 110±54±3 108±95±2 759±94±4 759±94±4 108±88±3 110±86±1 2212±67±1 1929±77±7 2008±41±5 7440±36±0 7439±92±1 7782±49±2 1330±20±7 1330±20±7 1330±20±7 1563±66±2 2008±41±5 1114±71±2 2212±67±1 1114±71±2 1929±77±7 1330±20±7 7440±02±0 16752±77±5 17804±35±2 10605±21±7 55285±14±8 ...... Toluene Triethylamine Xylenes (total) Acetone Carbon tetrachloride Chloroform Chloromethane Methanol Methomyl Methylene chloride Methyl ethyl ketone Methyl isobutyl ketone o-Phenylenediamine Pyridine Triethylamine Benomyl Benzene Carbenzadim Carbofuran Carbosulfan Chloroform Hexane Methanol Methylene chloride Phenol Xylenes (total) Benzene Butylate EPTC (Eptam) Molinate Pebulate Thiocarbamate, N.O.S. Vernolate Butylate EPTC (Eptam) Molinate Pebulate Thiocarbamate, N.O.S. Toluene Vernolate Xylenes (total) Antimony Carbon disulfide Dithiocarbamates, total Lead Nickel Selenium Xylenes (total) Warfarin ...... waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes the production of carbamates and carbamoyl oximes wastes and spent catalysts) from the production of thiocarbamates and solids from the treatment of thiocarbamate wastes and centrifugation solids), baghouse dust floor sweepings from the production of dithiocarbamate acids and their salts greater than 0.3% Wastewaters (including scrubber waters, condenser Bag house dusts and filter/separation solids from Organics from the treatment of thiocarbamate Solids (including filter wastes, separation solids, Purification solids (including filtration, evaporation, Warfarin, & salts, when present at concentrations ...... K157.. K158.. K159.. K160.. K161.. P001 15634 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 590 0.066 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST RTHRM or CMBST or CMBST RMETL; or nology code 50 mg/l TCLP 50 mg/l TCLP 50 mg/l TCLP 7.6 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters CHOXD; CHRED; CHOXD; CHRED; 4 1.4 1.4 1.4 NA 1.2 ; or tech- 0.29 0.86 3 0.021 CBMST CBMST CBMST CBMST CBMST CBMST CBMST CBMST RTHRM or CMBST or CMBST RMETL, or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN. or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or Wastewaters nology code mg/l Concentration in CARBN; BIODG; CHOXD; CHRED; CHOXD; CHRED; No. 2 57±12±5 57±12±5 591±08±2 504±24±5 131±74±8 108±98±5 542±88±1 107±02±8 107±18±6 598±31±2 357±57±3 309±00±2 CAS 2763±96±4 7440±38±2 7440±41±7 7440±39±3 7440±38±2 7440±38±2 20859±73±8 ...... 7 ...... ÐContinued ...... 7 ...... ASTES ...... Common name ...... W ...... Regulated hazardous constituent ...... 1-Acetyl-2-thiourea 5-Aminomethyl e-isoxazoloe 4-Aminopyridine Ammonium picrate Thiophenol (Benzene thiol) Dichloromethyl ether Acrolein Aldrin Allyl alcohol Aluminum phosphide Arsenic Arsenic Arsenic Barium Cyanides (Total) Cyanides (Amenable) Beryllium Bromoacetone Brucine AZARDOUS H ...... (Note: NA means not applicable.) 1 TANDARDS FOR ...... S ...... category ...... REATMENT ...... T ...... Waste description and treatment/regulatory sub- 1-Acetyl-2-thiourea Acrolein Aldrin Allyl alcohol Aluminum phosphide 5-Aminomethyl e-isoxazoloe 4-Aminopyridine Ammonium picrate Arsenic acid Arsenic pentoxide Arsenic trioxide Barium cyanide Thiophenol (Benzene thiol) Beryllium dust Dichloromethyl ether (Bis(chloromethyl)ether) Bromoacetone Brucine Waste code ...... P002 P003 P004 P005 P006 P007 P008 P009 P010 P011 P012 P013 P014 P015 P016 P017 P018 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15635 16 30 30 30 2.5 6.2 590 590 590 0.13 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST or CMBST or CMBST 50 mg/l TCLP 5.0 mg/l TCLP 4.8 mg/l TCLP CHOXD; WETOX; CHOXD; WETOX; 1.4 1.4 3.8 1.2 NA 1.2 1.2 0.46 0.86 0.86 0.86 0.066 0.017 0.017 CBMST CBMST CMBST CBMST CBMST CBMST CMBST CMBST CMBST CMBST CMBST or CMBST or CMBST CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or CHOXD; WETOX; CHOXD; WETOX; 60±51±5 88±85±7 75±15±0 60±57±1 51±43±4 55±91±4 57±12±5 57±12±5 57±12±5 57±12±5 75±15±0 57±12±5 57±12±5 542±76±7 506±77±4 107±20±0 106±47±8 100±44±7 460±19±5 131±89±5 311±45±5 297±97±2 298±04±4 7440±38±2 7440±38±2 5344±82±1 39196±18±4 ...... stand- ...... 6 ...... 7 7 7 ...... 7 7 7 ...... othioate (Dinoseb) ard for nonwastewaters only Carbon disulfide 1-(o-Cholorphenyl)thiourea 3-Chloropropionitrile Cyanides (Total) Cyanogen chloride Arsenic 0,0-Diethyl O-pyrazinyl phosphor- Dimethoate 2-sec-Butyl-4,6-dinitrophenol Cyanides (Total) Cyanides (Amenable) Carbon disulfide; alternate Choloracetaldehyde p-Chloroaniline Benzyl chloride Cyanides (Total) Cyanides (Amenable) Cyanides (Amenable) Cyanogen 2-Cyclohexly-4,6-dinitrophenol Dieldrin Arsenic Disulfoton Diethyl-p-nitrophenyl phosphate Epinephrine Diisopropylfluorophosphate (DFP) Thiofanox ...... 2-sec-Butyl-4,6-dinitrophenol (Dinoseb) Calcium cyanide Carbon disulfide Choloracetaldehyde p-Chloroaniline 1-(o-Cholorphenyl)thiourea 3-Chloropropionitrile Benzyl chloride Copper cyanide Cyanides (soluble salts and complexes) Cyanogen Cyanogen chloride 2-Cyclohexly-4,6-dinitrophenol Dichlorophenylarsine Dieldrin Diethylarsine Disulfoton 0,0-Diethyl O-pyrazinyl phosphorothioate Diethyl-p-nitrophenyl phosphate Epinephrine Diisopropylfluorophosphate (DFP) Dimethoate Thiofanox ...... P020 P021 P022 P023 P024 P026 P027 P028 P029 P030 P031 P033 P034 P036 P037 P038 P039 P040 P041 P042 P043 P044 P045 15636 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 160 160 590 0.13 0.13 0.13 0.13 0.066 0.066 0.066 0.066 IMERC NEUTR CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST ADGAS fb nology code mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters 4 35 NA 1.2 ; or tech- 0.28 0.12 0.86 3 0.023 0.029 0.029 0.025 0.016 0.021 0.0028 0.0012 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or Wastewaters nology code mg/l Concentration in No. 2 NA 51±28±5 72±20±8 62±74±8 76±44±8 57±12±5 57±12±5 122±09±8 541±53±7 151±56±4 640±19±7 757±58±4 624±83±9 543±52±1 939±98±8 465±73±6 CAS 1024±57±3 33213±6±5 1031±07±8 7421±93±4 7439±97±6 16964±48±8 ...... 7 ...... ÐContinued ...... 7 ...... ASTES ...... Common name ...... W . Regulated hazardous constituent ...... amine waters only) alpha, alpha-Dimethylphenethyl- 4,6-Dinitro-o-cresol NA 2,4-Dinitrophenol Dithiobiuret Endosulfan I Endosulfan II Endosulfan sulfate Endrin Endrin aldehyde Aziridine Fluorine (measured in waste- Fluoroacetamide Fluoroacetic acid, sodium salt Heptachlor Heptachlor epoxide Isodrin Hexaethyl tetraphosphate Cyandies (Total) Cyanides (Amenable) Isocyanic acid, ethyl ester Mercury AZARDOUS . H ...... (Note: NA means not applicable.) ...... 1 TANDARDS FOR S ...... category ...... REATMENT T ...... their total mercury content, that are not inciner- ator residues or are not from RMERC Waste description and treatment/regulatory sub- alpha, alpha-Dimethylphenethylamine 4,6-Dinitro-o-cresol 4,6-Dinitro-o-cresol salts 2,4-Dinitrophenol Dithiobiuret Endosulfan Endrin Aziridine Fluorine Fluoroacetamide Fluoroacetic acid, sodium salt Heptachlor Isodrin Hexaethyl tetraphosphate Hydrogen cyanide Isocyanic acid, ethyl ester Mercury fulminate nonwastewaters, regardless of Waste code ...... P046 P047 P048 P049 P050 P051 P054 P056 P057 P058 P059 P060 P062 P063 P064 P065 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15637 28 30 NA 4.6 2.3 590 CMBST CMBST CMBST CMBST CMBST CMBST CMBST ADGAS CMBST ADGAS RTHRM RMERC or CMBST or CMBST RMETL; or 5.0 mg/l TCLP 5.0 mg/l TCLP 0.20 mg/l TCLP 0.025 mg/l TCLP CHOXD; CHRED; CHOXD; CHRED; NA NA NA 1.2 0.15 3.98 3.98 0.40 0.86 0.014 0.028 CMBST CMBST CMBST CMBST CMBST CMBST CMBST ADGAS CMBST ADGAS RTHRM or CMBST or CMBST RMETL; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or CARBN; OR CARBN; BIODG; CARBN; BIODG; CHOXD; CHRED; CHOXD; CHRED; 75±55±8 60±34±4 75±86±5 86±88±4 54±11±5 55±63±0 62±75±9 57±12±5 57±12±5 116±06±3 298±00±0 100±01±6 152±16±9 4549±40±0 7439±97±6 7440±02±0 7439±97±6 7439±97±6 7339±97±6 7440±02±0 16752±77±5 10102±44±0 20816±12±0 10102±43±9 ...... 7 7 ...... Mercury Mercury Nitrogen dioxide N-Nitrosomethylvinylamine Octamethylpyrophosphoramide Osmium tectroxide Mercury Mercury Methomyl 2-Methyl-aziridine Methyl hydrazine 2-Methyllactonitrile Aldicarb Methyl parathion 1-Naphthyl±2±thiourea Nickel Cyanides (Total) Cyanides (Total) Nickel Nicotine and salts Nitric oxide p-Nitroaniline Nitroglycerin N-Nitrosodimethylamine ...... incinerator residues or are from RMERC; and contain greater than or equal to 260 mg/kg total mercury dues from RMERC and contain less than 260 mg/kg total mercury ator residues and contain less than 260 mg/kg total mercury Mercury fulminate nonwastewaters that are either Mercury fulminate nonwastewaters that are resi- Mercury fulminate nonwastewaters that are inciner- All mercury fulminate wastewaters Methomyl 2-Methyl-aziridine Methyl hydrazine 2-Methyllactonitrile Aldicarb Methyl parathion 1-Naphthyl±2±thiourea Nickel carbonyl Nickel-cyanide Nicotine and salts Nitric oxide p-Nitroaniline Nitrogen dioxide Nitroglycerin N-Nitrosodimethylamine N-Nitrosomethylvinylamine Octamethylpyrophosphoramide Osmium tectroxide ...... P066 P067 P068 P069 P070 P071 P072 P073 P074 P075 P076 P077 P078 P081 P082 P084 P085 P087 15638 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 15 30 30 30 4.6 NA 4.6 360 590 590 590 CMBST CMBST CMBST CMBST RMERC RMERC or CMBST IMERC; or nology code mg/kg noted as ``mg/l TCLP''; or tech- 0.20 mg/l TCLP 0.30 mg/l TCLP 0.16 mg/l TCLP 0.30 mg/l TCLP Concentration in Nonwastewaters 0.025 mg/l TCLP CHOXD; CHRED; 4 NA NA NA NA 1.2 1.2 1.2 ; or tech- 0.15 .043 0.24 0.82 0.43 .086 0.86 0.86 3 0.014 0.017 0.021 CMBST CMBST CMBST CMBST or CMBST CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or Wastewaters nology code mg/l Concentration in CHOXD; CHRED; No. 2 56±38±2 75±44±5 52±85±7 57±12±5 57±12±5 57±12±5 57±12±5 57±12±5 57±12±5 145±73±3 103±85±5 298±02±2 107±12±0 107±19±7 CAS 7803±51±2 7439±97±6 7439±97±6 7782±49±2 7439±97±6 7439±97±6 7439±97±6 7440±22±4 7440±22±4 ...... 7 7 7 ...... ÐContinued ...... 7 7 7 ...... ASTES ...... Common name ...... W Regulated hazardous constituent ...... Cyanides (Amenable) Endothall Parathion Mercury Mercury Mercury Mercury Mercury Phenythiouea Phorate Phosgene Phosphine Famphur Cyanides (Total) Cyanides (Amenable) Cyanides (Total) Silver Ethyl cyanide (Propanenitrile) Propargyl alcohol Selenium Cyanides (Total) Cyanides (Amenable) Silver AZARDOUS H ...... (Note: NA means not applicable.) ...... 1 TANDARDS FOR S ...... category ...... REATMENT T ...... less of their total mercury content, that are not in- cinerator residues or are not from RMERC either incinerator residues or are from RMERC; and still contain greater than or equal to 260 mg/kg total mercury residues from RMERC and contain less than 160 mg/kg total mercury incinerator residues and contain less then 260 mg/kg total mercury Waste description and treatment/regulatory sub- Endothall Parathion Phenyl mercuric acetate nonwastewaters, regard- Phenyl mercuric acetate nonwastewaters that are Phenyl mercuric acetate nonwastewaters that are Phenyl mercuric acetate nonwastewaters that are All phenyl mercuric acetate wastewaters. Phenythiouea Phorate Phosgene Phosphine Famphur Potassium cyanide. Potasslum silver cyanide Ethyl cyanide (Propanenitrile) Propargyl alcohol Selenourea Silver cyanide Waste code ...... P088 P089 P092 P093 P094 P095 P096 P097 P098 P099 P0101 P0102 P0103 P0104 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15639 28 30 30 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 2.6 590 590 0.14 0.28 0.28 STABL STABL STABL STABL CMBST CMBST CMBST CMBST CMBST or CMBST or CMBST or CMBST RTHRM; or RTHRM; or 0.37 mg/l TCLP 0.16 mg/l TCLP CHOXD; CHRED; CHOXD; CHRED; CHOXD; CHRED; 1.4 1.4 4.3 4.3 1.2 1.2 0.69 0.82 0.86 0.86 0.006 0.056 0.056 0.056 0.056 0.056 0.056 0.056 0.056 0.056 0.056 0.028 0.056 0.056 0.019 0.028 0.056 0.056 0.056 0.0095 CMBST CMBST CMBST CMBST CMBST or CMBST or CMBST or CMBST CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or CARBN; BIODG; CARBN; BIODG; CHOXD; CHRED; CHOXD; CHRED; CHOXD; CHRED; NA 64±00±6 57±24±9 79±19±6 75±70±7 57±64±7 57±12±5 57±12±5 57±12±5 57±12±5 119±38±0 509±14±8 315±18±4 644±64±4 114±26±1 107±49±3 7439±92±1 7440±28±0 1314±84±7 7782±49±2 1129±41±5 2631±37±0 3689±24±5 7440±28±0 1563±66±2 2032±65±7 7440±62±2 7440±62±2 8001±35±2 26419±73±8 22781±23±3 23564±05±8 23135±22±0 23422±53±9 26628±22±8 55285±14±8 59669±26±0 17702±57±7 ...... 7 7 ...... 7 7 ...... waters only) waters only) waters only) waters only) Tetraethyldithiopyrophosphate Lead Thallium (measured in waste- Thallium (measured in waste- Bendiocarb Formetanate hydrochloride Methiocarb Hercules AC±5727 Sodium azide Cyanides (Total) Cyanides (Amenable) Strychnine and salts Tetraethylpyrophosphate Tetranitromethane Selenium Thiosemicarbazide Trichloromethanethiol Vanadium (measured in waste- Vanadium (measured in waste- Cyanides (Total) Cyanides (Amenable) Zinc Phosphide Toxaphene Carbofuran Mexacarbate Tirpate Physostigmine salicylate Carbosulfan Metolcarb Dimetilan Isolan Thiophanate-methyl Oxamyl Thiodicarb Dithiocarbamates (total) Formparanate Propoxur Promecarb ...... , when present at concentra- ...... 2 ...... P ...... 3 ...... tions greater than 10% Sodium azide Sodium cyanide Strychnine and salts Tetraethyldithiopyrophosphate Tetraethyl lead Tetraethylpyrophosphate Tetranitromethane Thallic oxide Thallium selenite Thallium (l) sulfate Thiosemicarbazide Trichloromethanethiol Ammonium vanadate Vandium pentoxide Zinc cyanide Zinc phosphide Zn Toxaphene Carbofuran Mexacarbate Tirpate Bendiocarb Physostigimine salicylate Carbosulfan Metolcarb Dimetilan Isolan Thiophanate-methyl Oxamyl Thiodicarb Dithiocarbamates (total) Formparanate Formetanate hydrochloride Methiocarb Propoxur Promecarb Hercules AC±5727 ...... P0105 P0106 P0108 P109 P110 P111 P112 P113 P114 P115 P116 P118 P119 P120 P121 P122 P123 P127 P128 P185 P187 P188 P189 P190 P191 P192 P193 P194 P195 P196 P197 P198 P199 P200 P201 P202 15640 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 84 14 28 1.4 9.7 1.8 140 160 0.28 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST nology code mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters 4 NA 5.6 ; or tech- 0.28 0.24 0.81 3 0.056 0.056 0.010 0.059 0.028 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or Wastewaters nology code mg/l Concentration in No. 2 NA 75±05±8 57±47±6 75±07±0 67±64±1 98±86±2 53±96±3 75±36±5 79±06±1 79±10±7 50±07±7 61±82±5 62±53±3 75±05±8 107±13±1 492±80±8 115±02±6 225±51±4 CAS 1646±88±4 . standard ...... 6 ÐContinued ...... ASTES ...... Common name ...... W Regulated hazardous constituent ...... for nonwastewaters only Aldicarb sulfone Acetaldehyde Acetonitrile Physostigmine Dithiocarbamates (total) Acetone Acetonitrile; alternate Acetophenone 2-Acetylaminofluorene Acetyl Chloride Acrylamide Acrylic acid Acrylonitrile Mitomycin C Amitrole Aniline Auramine Azaserine Benz(c)acridine AZARDOUS H (Note: NA means not applicable.) 1 TANDARDS FOR S ...... category ...... REATMENT ...... T ...... Waste description and treatment/regulatory sub- Aldicarb sulfone Physostigmine Dithiocarbamates (total) Acetaldehyde Acetone Acetonitrile Acetophenone 2-Acetylaminofluorene Acetyl chloride Acrylamide Acrylic acid Acrylonitrile Mitomycin C Amitrole Aniline Auramine Azaserine Benz(c)acridine Waste code ...... P203 P204 P205 U001 U002 U003 U004 U005 U006 U007 U008 U009 U010 U011 U012 U014 U015 U016 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15641 14 30 10 28 15 15 7.2 3.4 3.4 7.2 6.0 2.6 6.0 6.0 6.0 0.26 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBEST or CMBST 0.86 mg/l TCLP CHOXD; CHRED; 5.6 2.77 0.19 0.14 0.28 0.11 0.10 0.27 0.059 0.061 0.018 0.046 0.036 0.033 0.055 0.057 0.062 0.0033 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST or CMBST CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or CARBN; BIODG; CHOXD; CHRED; 56±55±3 50±32±8 98±07±7 59±50±7 74±87±3 98±87±3 71±43±2 98±09±9 92±87±5 74±83±9 71±36±3 75±87±6 57±74±9 75±01±4 67±66±3 353±50±4 111±91±1 111±44±4 494±03±1 117±81±7 305±03±3 510±15±6 106±89±8 101±55±3 108±90±7 110±75±8 7440±47±3 39638±32±9 ...... mers) epoxypropane) Benz(a)anthracene Benzo(a)pyrene Benzotrichloride Methyl bromide (Bromomethane) 4-Bromophenyl phenyl ether Carbon oxyfluoride Chlorobenzene p-Chloro-m-cresol 2-Chloroethyl vinyl ether Benzal chloride Benzene Benzenesulfonyl chloride Benzidine bis(2-Chloroethoxy)methane bis(2-Chloroethyl)ether Chlornaphazine bis(2-Chloroisopropyl)ether bis(2-Ethylhexyl) phthalate n-Butyl alcohol Chromium (Total) Trichloroacetaldehyde (Chloral) Chlorambucil Chlordane (alpha and gamma iso- Chlorobenzilate Epichlorohydrin (1-Chloro-2,3- Vinyl chloride Chloroform Chloromethane (Methyl chloride) ...... Benzal chloride Benz(a)anthracene Benzene Benzenesulfonyl chloride Benzidine Benzo(a)pyrene Benzotrichloride bis(2-Chloroethoxy)methane bis(2-Chloroethyl)ether Chlornaphazine bis(2-Chloroisopropyl)ether bis(2-Ethylhexyl) phthalate Methyl bromide (Bromomethane) 4-Bromophenyl phenyl ether n-Butyl alcohol Calcium chromate Carbon oxyfluoride Trichloroacetaldehyde (Chloral) Chlorambucil Chlordane Chlorobenzene Chlorobenzilate p-Chloro-m-cresol Epichlorohydrin (1-Chloro-2,3-epoxypropane) 2-Chloroethyl vinyl ether Vinyl chloride Chloroform Chloromethane (Methyl chloride) ...... U017 U018 U019 U020 U021 U022 U023 U024 U025 U026 U027 U028 U029 U030 U031 U032 U033 U034 U035 U036 U037 U038 U039 U041 U042 U043 U044 U045 15642 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 10 5.6 5.7 3.4 5.6 7.4 5.6 8.2 5.6 5.6 5.6 11.2 CMBST CMBST CMBST CMBST CMBST CMBST CMBST nology code mg/kg noted as ``mg/l TCLP''; or tech- 0.37 mg/l TCLP 0.75 mg/l TCLP Concentration in Nonwastewaters 4 NA ; or tech- 0.32 0.69 0.88 0.11 0.77 0.77 0.36 3 0.055 0.044 0.059 0.089 0.059 0.059 0.067 0.080 CMBST CMBST CMBST CMBST CMBST CMBST CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or Wastewaters nology code mg/l Concentration in No. 2 91±58±7 95±57±8 91±20±3 87±86±5 85±01±8 95±48±7 98±82±8 50±18±0 107±30±2 218±01±9 129±00±0 108±88±3 108±39±4 106±44±5 110±82±7 108±94±1 108±94±1 CAS 3165±93±3 1330±20±7 4170±30±3 7439±92±1 1319±77±3 . stand- ...... 6 ...... ÐContinued ...... ASTES ...... Common name ...... W Regulated hazardous constituent ...... , m-, and p-xylene concentra- tions) from p-cresol) from m-cresol) acid) (sum of o-, m-, and p-cre- sol concentrations) ard for nonwastewaters only Chloromethyl methyl ether 2-Chloronaphthalene 2-Chlorophenol 4-Chloro-o-toluidine hydrochloride Chrysene Naphthalene Pentachlorophenol Phenanthrene Pyrene Toluene Xylenes-mixed isomers (sum of o- Lead o-Cresol m-Cresol (difficult to distinguish p-Cresol (difficult to distinguish Cresol-mixed isomers (Cresylic Crotonaldehyde Cumene Cyclohexane Cyclohexanone Cyclohexanone; alternate Cyclophosphamide AZARDOUS H ...... (Note: NA means not applicable.) 1 TANDARDS FOR S ...... category ...... REATMENT T ...... Waste description and treatment/regulatory sub- Chloromethyl methyl ether 2-Chloronaphthalene 2-Chlorophenol 4-Chloro-o-toluidine hydrochloride Chrysene Creosote Cresols (Cresylic acid) Crotonaldehyde Cumene Cyclohexane Cyclohexanone Cyclophosphamide Waste code ...... U046 U047 U048 U049 U050 U051 U052 U053 U055 U056 U057 U058 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15643 28 30 14 14 15 15 18 15 30 18 18 8.2 6.0 6.0 6.0 7.2 6.0 6.0 6.0 0.087 0.087 0.087 0.087 0.087 0.087 0.087 0.087 CMBST CMBST CMBST CMBST CMBST CMBST CMBST 0.11 0.11 0.23 0.21 0.85 0.023 0.023 0.023 0.023 0.031 0.055 0.057 0.088 0.036 0.090 0.059 0.025 0.089 0.044 0.044 0.031 0.028 0.054 0.036 0.036 0.0039 0.0039 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or 53±70±3 95±50±1 75±09±2 87±65±0 53±19±0 72±54±8 50±29±3 53±19±0 72±54±8 72±55±9 96±12±8 74±95±3 84±74±2 91±94±1 75±71±8 75±34±3 75±35±4 78±87±5 541±73±1 106±46±7 120±83±2 789±02±6 106±93±4 764±41±0 107±06±2 156±60±5 189±55±9 2303±16±4 1476±11±5 3424±82±6 1464±53±5 20830±81±3 10061±01±5 10061±02±6 ...... Dibromoethane) Dibenz(a,h)anthracene o-Dichlorobenzene m-Dichlorobenzene p-Dichlorobenzene Methylene chloride 2,4-Dichlorophenol 2,6-Dichlorophenol Daunomycin o,p'-DDD p,p'-DDD o,p'-DDT p,p'-DDT o,p'-DDD p,p'-DDD o,p'-DDE p,p'-DDE Diallate Dibenz(a,i)pyrene 1,2-Dibromo-3-chloropropane Ethylene dibromide (1,2- Dibromomethane Di-n-butyl phthalate 3,3'-Dichlorobenzidine cis-1,4-Dichloro-2-butene trans-1,4-Dichloro-2-butene Dichlorodifluoromethane 1,1-Dichloroethane 1,2-Dichloroethane 1,1-Dichloroethylene trans-1,2-Dichloroethylene 1,2-Dichloropropane cis-1,3-Dichloroproplyene trans-1,3-Dichloroproplyene 1,2:3,4-Diepoxybutane ...... Daunomycin DDD DDT Diallate Dibenz(a,h)anthracene Dibenz(a,i)pyrene 1,2-Dibromo-3-chloropropane Ethylene dibromide (1,2-Dibromoethane) Dibromomethane Di-n-butyl phthalate o-Dichlorobenzene m-Dichlorobenzene p-Dichlorobenzene 3,3'-Dichlorobenzidine 1,4-Dichloro-2-butene Dichlorodifluoromethane 1,1-Dichloroethane 1,2-Dichloroethane 1,1-Dichloroethylene 1,2-Dichloroethylene Methylene chloride 2,4-Dichlorophenol 2,6-Dichlorophenol 1,2-Dichloropropane 1,3-Dichloroproplyene 1,2:3,4-Diepoxybutane ...... U059 U060 U061 U062 U063 U064 U066 U067 U068 U069 U070 U071 U072 U073 U074 U075 U076 U077 U078 U079 U080 U081 U082 U083 U084 U085 15644 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 28 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST or CMBST or CMBST or CMBST nology code mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters CHOXD; CHRED; CHOXD; CHRED; CHOXD; CHRED; 4 ; or tech- 0.20 0.13 3 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CARBN; CARBN; CARBN; BIODG; or BIODG; or BIODG; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or Wastewaters nology code mg/l Concentration in CARBN; CMBST CHOXD; CHRED; CHOXD; CHRED; CHOXD; CHRED; No. 2 84±66±2 56±53±1 94±58±6 60±11±7 57±97±6 80±15±9 79±44±7 57±14±7 119±93±7 119±90±4 124±40±3 CAS 1615±80±1 3288±58±2 ...... ÐContinued ...... ASTES Common name W Regulated hazardous constituent -Diethylhydrazine ′ -Dimethylbenzidine -Dimethoxybenzidine ′ ′ methyldithiophosphate hydroperoxide N,N 3,3 O,O-Diethyl S- Diethyl phthalate Diethyl stilbestrol Dihydrosafrole 3,3 Dimethylamine p-Dimethylaminoazobenzene 7,12-Dimethylbenz(a)anthracene alpha, alpha-Dimethyl benzyl Dimethylcarbamoyl chloride 1,1-Dimethylhydrazine AZARDOUS H ...... (Note: NA means not applicable.) ...... 1 TANDARDS FOR ...... S ...... category ...... REATMENT T -Diethylhydrazine ′ -Dimethoxybenzidine -Dimethylbenzidine ′ ′ Waste description and treatment/regulatory sub- N,N O,O-Diethyl S-methyldithiophosphate Diethyl phthalate Diethyl stilbestrol Dihydrosafrole 3,3 Dimethylamine p-Dimethylaminoazobenzene 7,12-Dimethylibenz(a)anthracene 3,3 alpha, alpha-Dimethyl benzyl hydroperoxide Dimethylcarbamoyl chloride 1,1-Dimethylhydrazine Waste code ...... U086 U087 U088 U089 U090 U091 U092 U093 U094 U095 U096 U097 U098 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15645 14 30 28 14 33 28 NA 3.4 NA 140 160 160 170 CMBST CMBST CMBST CMBST CMBST CMBST CMBST or CMBST or CMBST or CMBST or CMBST CHOXD; or CHOXD; CHRED; CHOXD, CHRED; CHOXD; CHRED; CHOXD; CHRED; NA 0.32 0.55 0.40 0.34 0.12 0.14 0.12 0.036 0.087 0.020 0.047 0.068 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CARBN; CARBN; CARBN; BIODG; or BIODG; or BIODG; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or CHOXD; CHRED; CHOXD; CHRED; CHOXD; CHRED; 75±21±8 77±78±1 96±45±7 60±29±7 97±63±2 62±50±0 75±69±4 75±21±8 105±67±9 122±66±7 540±73±8 121±14±2 606±20±2 122±66±7 142±84±7 621±64±7 140±88±5 111±54±6 206±44±0 123±91±1 131±11±3 123±91±1 141±78±6 6 ...... stand- . . 6 standard ...... 6 ...... standard for wastewaters only for nonwastewaters only ard for wastewaters only 2,4-Dimethylphenol Ethylenebisdithiocarbamic acid Ethylene oxide 1,2-Dimethylhydrazine Dimethyl phthalate Dimethyl sulfate 2,4-Dinitrotoluene 2,6-Dinitrotoluene 1,4-Dioxane 1,4-Dioxane; alternate 1,2-Diphenylhydrazine 1,2-Diphenylhydrazine; alternate Dipropylamine Di-n-propylnitrosamine Ethyl acetate Ethyl acrylate Ethylene oxide; alternate Ethylene thiourea Ethyl ether Ethyl methacrylate Ethyl methane sulfonate Fluoranthene Trichloromonofluoromethane ...... 1,2-Dimethylhydrazine 2,4-Dimethylphenol Dimethyl phthalate Dimethyl sulfate 2,4-Dinitrotoluene 2,6-Dinitrotoluene 1,4-Dioxane 1,2-Diphenylhydrazine Dipropylamine Di-n-propylnitrosamine Ethyl acetate Ethyl acrylate Ethylenebisdithiocarbamic acid salts and esters Ethylene oxide Ethylene thiourea Ethyl ether Ethyl methacrylate Ethyl methane sulfonate Fluoranthene Trichloromonofluoromethane ...... U099 U101 U102 U103 U105 U106 U108 U109 U110 U111 U112 U113 U114 U115 U116 U117 U118 U119 U120 U121 15646 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 30 65 10 5.6 2.4 2.6 3.4 170 0.13 0.066 0.066 0.066 0.066 NEUTR CMBST CMBST CMBST CMBST CMBST CMBST ADGAS fb or CMBST or CMBST NEUTR; or nology code 5.0 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters CHOXD; CHRED; CHOXD; CHRED; 4 35 1.4 5.6 ; or tech- 0.19 3 0.055 0.057 0.055 0.055 0.023 0.081 0.0017 0.0055 0.0011 CMBST CMBST CMBST CMBST CMBST CMBST CMBST 0.00014 0.00014 CARBN; or CMBST DIODG; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or Wastewaters nology code mg/l Concentration in CHOXD; CHRED; CHOXD; CHRED; No. 2 50±00±0 64±18±6 98±01±1 87±68±3 58±89±9 77±47±4 67±72±1 70±30±4 74±88±4 78±83±1 110±00±9 765±34±4 118±74±1 319±84±6 319±85±7 193±39±5 120±58±1 143±50±8 319±86±8 302±01±2 CAS 7440±38±2 7783±06±4 16964±48±8 ...... ÐContinued ...... ASTES ...... Common name W ...... Regulated hazardous constituent ...... wastewaters only) Formaldehyde Formic acid Furan Furfural Glycidylaldehyde Hexachlorobenzene Hexachlorobutadiene alpha-BHC beta-BHC delta-BHC gamma-BHC (Lindane) Hexachlorocyclopentadiene Hexachloroethane Hexachlorophene Hydrazine Fluoride (measured in Hydrogen Sulfide Arsenic Indeno(1,2,3-c,d)pyrene Iodomethane Isobutyl alcohol Isosafrole Kepone AZARDOUS H (Note: NA means not applicable.) 1 TANDARDS FOR ...... S ...... category ...... REATMENT ...... T ...... Waste description and treatment/regulatory sub- Formaldehyde Formic acid Furan Furfural Glycidylaldehyde Hexachlorobenzene Hexachlorobutadiene Lindane Hexachlorocyclopentadiene Hexachloroethane Hexachlorophene Hydrazine Hydrogen fluoride Hydrogen Sulfide Cacodylic acid Indeno(1,2,3-c,d)pyrene Iodomethane Isobutyl alcohol Isosafrole Kepone Waste code ...... U122 U123 U124 U125 U126 U127 U128 U129 U130 U131 U132 U133 U134 U135 U136 U137 U138 U140 U141 U142 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15647 84 15 30 36 NA 1.5 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST RMERC AMLGM OR CMBST 0.37 mg/l TCLP 0.37 mg/l TCLP 0.37 mg/l TCLP 0.20 mg/l TCLP 0.75 mg/l TCLP 0.025 mg/l TCLP CHOXD; CHRED; NA NA NA NA 5.6 0.69 0.24 0.69 0.69 0.15 0.50 0.28 0.081 0.0055 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CARBN; CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or BIODG; OR CHOXD; CHRED; 79±22±1 74±93±1 67±56±1 91±80±5 56±49±5 78±93±3 67±56±1 126±98±7 303±34±4 108±31±6 123±33±1 109±77±3 148±82±3 101±14±4 7439±92±1 7439±97±6 7439±97±6 7439±97±6 7439±97±6 7439±92±1 7439±92±1 7439±97±6 1338±23±4 ...... set of stand- ...... 6 ...... ards for both wastewaters and nonwastewaters Lead Mercury Mercury Methacrylonitrile Methyl chlorocarbonate Lasiocarpine Lead Lead Maleic anhydride Maleic hydrazide Malononitrile Melphalan Mercury Mercury Mercury Methanethiol Methanol Methanol, alternate Methapyrilene 3-Methylcholanthrene 4,4'-Methylene bis(2-chloroaniline) Methyl ethyl ketone Methyl ethyl ketone peroxide ...... er than or equal to 260 mg/kg total mercury than 260 mg/kg total mercury and that are resi- dues from RMERC only than 260 mg/kg total mercury and that are not residues from RMERC materials ...... Lasiocarpine Lead acetate Lead phosphate Lead subacetate Maleic anhydride Maleic hydrazide Malononitrile Melphalan U151 (mercury) nonwastewaters that contain great- U151 (mercury) nonwastewaters that contain less U151 (mercury) nonwastewaters that contain less All U151 (mercury) wastewaters Elemental Mercury Contaminated with Radioactive Methacrylonitrile Methanethiol Methanol Methapyrilene Methyl chlorocarbonate 3-Methylcholanthrene 4,4'-Methylene bis(2-chloroaniline) Methyl ethyl ketone Methyl ethyl ketone peroxide ...... U143 U144 U145 U146 U147 U148 U149 U150 U151 U152 U153 U154 U155 U156 U157 U158 U159 U160 15648 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 14 17 35 35 33 29 28 28 5.6 160 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST nology code mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters 4 ; or tech- 0.14 0.40 0.14 0.52 0.12 0.40 0.32 3 0.059 0.068 0.013 0.013 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or Wastewaters nology code mg/l Concentration in No. 2 80±62±6 79±46±9 70±25±7 56±04±2 91±20±3 91±59±8 98±95±3 55±18±5 99±55±8 924±16±3 100±75±4 930±55±2 108±10±1 134±32±7 100±02±7 759±73±9 615±53±2 130±15±4 684±93±5 CAS 1116±54±7 ...... ÐContinued ...... ASTES Common name W Regulated hazardous constituent nitrosoguanidine Methyl methacrylate 2-Nitropropane N-Nitrosodi-n-butylamine N-Nitrosodiethanolamine N-Nitroso-N-methylurethane N-Nitrosopyrrolidine Methyl isobutyl ketone N-Methyl N'-nitro N- Methylthiouracil Naphthalene 1,4-Naphthoquinone 1-Naphthlyamine 2-Naphthlyamine Nitrobenzene p-Nitrophenol N-Nitrosodiethylamine N-Nitroso-N-ethylurea N-Nitroso-N-methylurea N-Nitrosopiperidine 5-Nitro-o-toluidine AZARDOUS H ...... (Note: NA means not applicable.) 1 TANDARDS FOR ...... S ...... category ...... REATMENT ...... T Waste description and treatment/regulatory sub- Methyl isobutyl ketone Methyl methacrylate N-Methyl N'-nitro N-nitrosoguanidine Methylthiouracil Naphthalene 1,4-Naphthoquinone 1-Naphthlyamine 2-Naphthlyamine Nitrobenzene p-Nitrophenol 2-Nitropropane N-Nitrosodi-n-butylamine N-Nitrosodiethylamine N-Nitrosodiethanolamine N-Nitroso-N-ethylurea N-Nitroso-N-methylurea N-Nitroso-N-methylurethane N-Nitrosopiperidine N-Nitrosopyrrolidine 5-Nitro-o-toluidine Waste code ...... U161 U162 U163 U164 U165 U166 U167 U168 U169 U170 U171 U172 U173 U174 U176 U177 U178 U179 U180 U181 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15649 16 28 28 22 10 16 6.0 4.8 6.2 1.5 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST or CMBST 0.16 mg/l TCLP 0.16 mg/l TCLP CHOXD, CHRED, 0.82 0.82 0.055 0.055 0.081 0.055 0.055 0.081 0.055 0.039 0.093 0.014 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST or CMBST CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or CHOXD, CHRED, 82±68±8 81±07±2 76±01±7 76±01±7 62±44±2 85±44±9 50±55±5 94±59±7 100±21±0 106±51±4 123±63±7 608±93±5 504±60±9 108±95±2 109±06±8 110±86±1 108±46±3 107±10±8 1314±80±3 1120±71±4 7782±49±2 7782±49±2 23950±58±5 6 ...... Phthalic acid or Terephthalic acid) standards for both wastewaters and nonwastewaters Pentachloroethane Pentachloronitrobenzene Phosphorus sulfide Phthalic anhydride (measured as Saccharin Paraldehyde Pentachlorobenzene Pentachloroethane; alternate 1,3-Pentadiene Phenacetin Phenol Phthalic anhydride 2-Picoline Pronamide 1,3-Propane sultone n-Propylamine Pyridine p-Benzoquinone Reserpine Resorcinol Safrole Selenium Selenium ...... Terephthalic acid) Paraldehyde Pentachlorobenzene Pentachloroethane Pentachloronitrobenzene 1,3-Pentadiene Phenacetin Phenol Phosphorus sulfide Phthalic anhydride (measured as acid or 2-Picoline Pronamide 1,3-Propane sultone n-Propylamine Pyridine p-Benzoquinone Reserpine Resorcinol Saccharin and salts Safrole Selenium dioxide Selenium sulfide ...... U182 U183 U184 U185 U186 U187 U188 U189 U190 U191 U192 U193 U194 U196 U197 U200 U201 U202 U203 U204 U205 15650 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 14 15 10 6.0 6.0 6.0 6.0 6.0 6.0 6.0 STABL STABL STABL STABL CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST RTHRM; or RTHRM; or RTHRM; or RTHRM; or nology code mg/kg noted as ``mg/l TCLP''; or tech- Concentration in Nonwastewaters 4 1.4 1.4 1.4 1.4 ; or tech- 0.63 3 0.055 0.057 0.057 0.054 0.054 0.054 0.057 0.056 0.080 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or Wastewaters nology code mg/l Concentration in No. 2 95±94±3 79±34±5 56±23±5 62±55±5 62±56±6 75±25±2 71±55±6 79±00±5 79±01±6 99±35±4 109±99±9 127±18±4 108±83±3 630±20±6 636±21±5 CAS 7440±28±0 7440±28±0 7440±28±0 7440±28±0 18883±66±4 25376±45±8 26471±62±5 ...... ÐContinued ...... ASTES ...... Common name ...... W Regulated hazardous constituent wastewaters only) wastewaters only) wastewaters only) wastewaters only) 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane Tetrahydrofuran Thallium (measured in Toluenediamine o-Toluidine hydrochloride Bromoform (Tribromomethane) Streptozotocin 1,2,4,5-Tetrachlorobenzene Tetrachloroethylene Carbon tetrachloride Thallium (measured in Thallium (measured in Thallium (measured in Thioacetamide Thiourea Toluene Toluene diisocyanate 1,1,1-Trichloroethane 1,1,2-Trichloroethane Trichloroethylene 1,3,5-Trinitrobenzene AZARDOUS H (Note: NA means not applicable.) ...... 1 TANDARDS FOR ...... S ...... category ...... REATMENT T ...... Waste description and treatment/regulatory sub- Streptozotocin 1,2,4,5-Tetrachlorobenzene 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane Tetrachloroethylene Carbon tetrachloride Tetrahydrofuran Thallium (l) acetate Thallium (l) carbonate Thallium (l) chloride Thallium (l) nitrate Thioacetamide Thiourea Toluene Toluenediamine o-Toluidine hydrochloride Toluene diisocyanate Bromoform (Tribromomethane) 1,1,1-Trichloroethane 1,1,2-Trichloroethane Trichloroethylene 1,3,5-Trinitrobenzene Waste code ...... U206 U207 U208 U209 U210 U211 U213 U214 U215 U216 U217 U218 U219 U220 U221 U222 U223 U225 U226 U227 U228 U234 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15651 30 30 10 1.4 1.4 1.4 0.10 0.14 0.18 CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST CMBST or CMBST or CMBST CHOXD; CHRED; CHOXD, WETOX; 0.11 0.32 0.72 0.25 0.035 0.056 0.006 0.056 0.056 CMBST CMBST CMBST CMBST CMBST CMBST CARBN. CARBN. BIODG fb BIODG fb or CMBST or CMBST CHOXD fb CHOXD fb (BIODG or CHOXD fb (BIODG or (BIODG or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CARBN; or CMBST; or CMBST; or CMBST; or CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb CHOXD) fb (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or (WETOX or CARBN); or CARBN); or CARBN); or CHOXD; CHRED; CHOXD; WETOX; BIODG fb CARBN NA 51±79±6 95±53±4 72±57±1 66±75±1 94±75±7 72±43±5 81±81±2 95±06±7 63±25±2 126±72±7 506±68±3 101±27±9 106±49±0 137±26±8 110±80±5 1314±84±7 1888±71±7 1330±20±7 17804±35±2 ...... phate , m-, and p-xylene concentra- tions) acid) ...... tris-(2,3-Dibromoprophyl)-phos- Urethane (Ethyl carbamate) o-Toluidine p-Toluidine Trypan Blue Uracil mustard Xylenes-mixed isomers (sum of o- 2,4±D (2,4-Dichlorophenoxyacetic Hexachloropropylene Thiram Cyanogen bromide Methoxychlor Warfarin Zinc Phosphide Benomyl Sulfallate Carbaryl Barban 2-Ethoxyethanol ...... , when present at concentra- ...... 2 P ...... 3 ...... esters of 0.3% or less tions of 10% or less tris-(2,3-Dibromoprophyl)-phosphate Trypan Blue Uracil mustard Urethane (Ethyl carbamate) Xylenes 2,4-D (2,4-Dichlorophenoxyacetic acid) 2,4-D (2,4-Dichlorophenoxyacetic acid) salts and Hexachloropropylene Thiram Cyanogen bromide Methoxychlor Warfarin, & salts, when present at concentrations Zinc phosphide, Zn Benomyl Sulfallate Carbaryl Barban o-Toluidine p-Toluidine 2-Ethoxyethanol ...... U235 U236 U237 U238 U239 U240 U243 U244 U246 U247 U248 U249 U271 U277 U279 U280 U328 U353 U359 15652 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations unless 5 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 0.28 nology code 2.1 mg/l TCLP 5.0 mg/l TCLP 2.1 mg/l TCLP 2.1 mg/l TCLP mg/kg noted as ``mg/l TCLP''; or tech- 0.37 mg/l TCLP 0.16 mg/l TCLP 0.16 mg/l TCLP 0.37 mg/l TCLP Concentration in Nonwastewaters 4 1.9 1.9 1.9 ; or tech- 0.69 3.98 0.82 0.82 0.69 3 0.056 0.003 0.003 0.056 0.056 0.056 0.003 0.003 0.003 0.003 0.056 0.056 0.028 0.056 0.028 0.028 0.028 0.028 0.056 0.056 0.056 0.028 0.028 0.028 0.028 0.028 0.028 0.028 0.028 0.028 0.003 0.003 0.003 0.003 0.003 0.028 0.056 0.028 0.028 Wastewaters nology code mg/l Concentration in No. 2 7 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA 759±94±4 122±42±9 CAS 2212±67±1 1929±77±7 7439±92±1 1134±23±2 7439±92±1 1563±38±8 1114±71±2 7440±36±0 7440±02±0 7782±49±2 7440±36±0 7440±36±0 7782±49±2 2303±17±5 2008±41±5 5952±26±1 112006±94± 55406±53±6 30558±43±1 14484±64±1 22961±82±6 65086±85±3 10605±21±7 52888±80±9 85785±20±2 ...... ÐContinued ...... ASTES ...... Common name ...... W ...... Regulated hazardous constituent ...... Carbamoyl Oximes, N.O.S Thiocarbamates, N.O.S Carbofuran phenol Troysan Polyphase Carbamates, N.O.S Dithiocarbamates (total) Antimony Lead Nickel Selenium Bendiocarb phenol Molinate Dithiocarbamates (total) Dithiocarbamates (total) Antimony Dithiocarbamates (total) Antimony Dithiocarbamates (total) Hexazinone intermediate Carbendazim Propham U9069 Dithiocarbamates (total) Selenium Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Vernolate Cycloate Prosulfocarb Esprocarb Triallate Eptam Pebulate Butylate Dithiocarbamates (total) A2213 Reactacrease 4±DEG Ferbam Dithiocarbamates (total) Lead Dithiocarbamates (total) AZARDOUS H (Note: NA means not applicable.) 1 TANDARDS FOR ...... S ...... category ...... REATMENT ...... T ...... Waste description and treatment/regulatory sub- Carbamates, N.O.S Carbamoyl Oximes, N.O.S Thiocarbamates, N.O.S Dithiocarbamates (total) Antimony Lead Nickel Selenium Bendiocarb phenol Molinate Dithiocarbamates (total) Carbofuran phenol Dithiocarbamates (total) Antimony Dithiocarbamates (total) Antimony Dithiocarbamates (total) Hexazinone intermediate Carbendazim Propham U9069 Troysan Polyphase Dithiocarbamates (total) Selenium Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Vernolate Cycloate Prosulfocarb Esprocarb Triallate Eptam Pebulate Butylate Dithiocarbamates (total) A2213 Reactacrease 4±DEG Ferbam Dithiocarbamates (total) Lead Dithiocarbamates (total) Waste code ...... U360 U361 U362 U363 U364 U365 U366 U367 U368 U369 U370 U371 U372 U373 U374 U375 U376 U377 U378 U379 U380 U381 U382 U383 U384 U385 U386 U387 U388 U389 U390 U391 U392 U393 U394 U395 U396 U397 U398 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15653 28 28 28 28 28 28 28 28 1.5 7.4 5.0 mg/l TCLP 3.98 0.028 0.028 0.028 0.028 0.028 0.081 0.028 0.028 0.028 0.035 NA NA NA NA NA NA NA NA 118±79±6 121±44±8 7440±02±0 ...... Dithiocarbamates (total) Nickel Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Triethylamine Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) 2,4,6-Tribromophenol ...... Dithiocarbamates (total) Nickel Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) Triethylamine Dithiocarbamates (total) Dithiocarbamates (total) Dithiocarbamates (total) 2,4,6-Tribromophenol ...... The waste descriptions provided in this table do not replace 40 CFR part 261. Descriptions of Treatment/Regulatory Subcategories are provided, as needed, to dis- CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of chemical with it's salts esters, number Concentration standards for wastewaters are expressed in mg/l and based on analysis of composite samples. All treatment standards expressed as a Technology Code or combination of Codes are explained in detail 40 CFR 268.42 Table 1ÐTechnology and Descriptions Except for Metals (EP or TCLP) and Cyanides (Total Amenable) the nonwastewater treatment standards expressed as a concentration were established, in part, based upon inciner- Where an alternate treatment standard or set of standards has been indicated, a facility may comply with this standard, but only for the Treatment/Regulatory Sub- As an alternative to these standards, the underlying hazardous constituents in waste must meet a CWA limitation, which can include toxic pollutant indicator for constituent; Both Cyanides (Total) and (Amenable) for nonwastewaters are to be analyzed using Method 9010 or 9012, found in ``Test Methods Evaluating Solid Waste, Physical/Chemi- Notes to Table: 1 2 3 4 5 6 7 8 U399 U400 U401 U402 U403 U404 U405 U406 U407 U408 cal Methods'', EPA Publication SW±846, as incorporated by reference in 40 CFR 260.11, with a sample size of 10 grams and distillation time one hour 15 minutes. tinguish betweenapplicability of different standards. is given for the parent compound only. Technology-Based Standards. ation in units operated accordance with the technical requirements of 40 CFR Part 264, Subpart O, or 265, based upon combustion fuel substitution operating in accordance with applicable technical requirements. A facility may comply these treatment standards according to provisions 40 CFR 268.40(d). All concentration for nonwastewaters are based on analysis of grab samples. category or physical form (i.e., wastewater and/or nonwastewater) specified for that alternate standard. Pretreatment Standards for Existing Sources; New local limitations based upon a pass-through determination; or Fundamentally Different Factors vari- ance under 40 CFR 125.30±125.32. 15654 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations

17. In § 268.42 Table 1. is amended by § 268.42 Treatment standards expressed revising the entry ‘‘CMBST’’ to read as as specified technologies. follows: * * * * *

TABLE 1.ÐTECHNOLOGY CODES AND DESCRIPTION OF TECHNOLOGY-BASED STANDARDS

Technology code Description of technology-based standards

******* CMBST: ...... High temperature organic destruction technologies, such as combustion in incinerators, boilers, or industrial furnaces op- erated in accordance with the applicable requirements of 40 CFR part 264, subpart O, or 40 CFR part 265, subpart O, or 40 CFR part 266, subpart H, and in other units operated in accordance with applicable technical operating require- ments; and certain non-combustive technologies, such as the Catalytic Extraction Process.

*******

* * * * * 18. Section 268.44 is amended by revising paragraph (a) to read as follows: § 268.44 Variance from a treatment standard. (a) Where the treatment standard is expressed as a concentration in a waste or waste extract and a waste cannot be treated to the specified level, or where the treatment technology is not appropriate to the waste, the generator or treatment facility may petition the Administrator for a variance from the treatment standard. The petitioner must demonstrate that because the physical or chemical properties of the waste differs significantly from wastes analyzed in developing the treatment standard, the waste cannot be treated to specified levels or by the specified methods. The petitioner may also demonstrate that it is treating underlying hazardous constituents in characteristically hazardous wastewaters by sending the waste to a properly designed and operated BAT/PSES system, which may not be achieving the treatment standards found in § 268.48. * * * * * 19. In § 268.48 the table in paragraph (a) is revised to read as follows: § 268.48 Universal treatment standards. (a) * **

UNIVERSAL TREATMENT STANDARDS [Note: NA means not applicable.]

Wastewater Nonwastewater standard standard

Regulated constituent/common name CAS 1 number Concentration in Concentration mg/kg 3 unless in mg/l 2 noted as ``mg/l TCLP''

I. Organic constituents: A2213 ...... 30558±43±1 0.003 1.4 Acenaphthene ...... 83±32±9 0.059 3.4 Acenaphthylene ...... 208±96±8 0.059 3.4 Acetone ...... 67±64±1 0.28 160 Acetonitrile ...... 75±05±8 5.6 38 Acetophenone ...... 96±86±2 0.010 9.7 2-Acetylaminofluorene ...... 53±96±3 0.059 140 Acrolein ...... 107±02±8 0.29 NA Acrylamide ...... 79±06±1 19 23 Acrylonitrile ...... 107±13±1 0.24 84 Aldicarb sulfone ...... 1646±88±4 0.056 0.28 Aldrin ...... 309±00±2 0.021 0.066 4-Aminobiphenyl ...... 92±67±1 0.13 NA Aniline ...... 62±53±3 0.81 14 Anthracene ...... 120±12±7 0.059 3.4 Aramite ...... 140±57±8 0.36 NA Barban ...... 101±27±9 0.056 1.4 Bendiocarb ...... 22781±23±3 0.056 1.4 Bendiocarb phenol ...... 22961±82±6 0.056 1.4 Benomyl ...... 17804±35±2 0.056 1.4 Benz(a)anthracene ...... 56±55±3 0.059 3.4 Benzal chloride ...... 98±87±3 0.055 6.0 Benzene ...... 71±43±2 0.14 10 Benzo(b)fluoranthene (difficult to distinguish from benzo(k)fluoranthene) ...... 205±99±2 0.11 6.8 Benzo(k)fluoranthene (difficult to distinguish from benzo(b)fluoranthene) ...... 207±08±9 0.11 6.8 Benzo(g,h,i)perylene ...... 191±24±2 0.0055 1.8 Benzo(a)pyrene ...... 50±32±8 0.061 3.4 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15655

UNIVERSAL TREATMENT STANDARDSÐContinued [Note: NA means not applicable.]

Wastewater Nonwastewater standard standard

Regulated constituent/common name CAS 1 number Concentration in Concentration mg/kg 3 unless in mg/l 2 noted as ``mg/l TCLP''

alpha-BHC ...... 319±84±6 0.00014 0.066 beta-BHC ...... 319±85±7 0.00014 0.066 delta-BHC ...... 319±86±8 0.023 0.066 gamma-BHC ...... 58±89±9 0.0017 0.066 Bromodichloromethane ...... 75±27±4 0.35 15 Bromomethane/Methyl bromide ...... 74±83±9 0.11 15 4-Bromophenyl phenyl ether ...... 101±55±3 0.055 15 n-Butyl alcohol ...... 71±36±3 5.6 2.6 Butyl benzyl phthalate ...... 85±68±7 0.017 28 Butylate ...... 2008±41±5 0.003 1.4 2-sec-Butyl-4,6-dinitrophenol/Dinoseb ...... 88±85±7 0.066 2.5 Carbaryl ...... 63±25±2 0.006 0.14 Carbenzadim ...... 10605±21±7 0.056 1.4 Carbofuran ...... 1563±66±2 0.006 0.14 Carbofuran phenol ...... 1563±38±8 0.056 1.4 Carbon disulfide ...... 75±15±0 3.8 4.8 mg/l TCLP Carbon tetrachloride ...... 56±23±5 0.057 6.0 Carbosulfan ...... 55285±14±8 0.028 1.4 Chlordane (alpha and gamma isomers) ...... 57±74±9 0.0033 0.26 p-Chloroaniline ...... 106±47±8 0.46 16 Chlorobenzene ...... 108±90±7 0.057 6.0 Chlorobenzilate ...... 510±15±6 0.10 NA 2-Chloro-1,3-butadiene ...... 126±99±8 0.057 0.28 Chlorodibromomethane ...... 124±48±1 0.057 15 Chloroethane ...... 75±00±3 0.27 6.0 bis(2-Chloroethoxy)methane ...... 111±91±1 0.036 7.2 bis(2-Chloroethyl)ether ...... 111±44±4 0.033 6.0 2-Chloroethyl vinyl ether ...... 110±75±8 0.062 NA Chloroform ...... 67±66±3 0.046 6.0 bis(2-Chloroisopropyl)ether ...... 39638±32±9 0.055 7.2 p-Chloro-m-cresol ...... 59±50±7 0.018 14 Chloromethane/Methyl chloride ...... 74±87±3 0.19 30 2-Chloronaphthalene ...... 91±58±7 0.055 5.6 2-Chlorophenol ...... 95±57±8 0.044 5.7 3-Chloropropylene ...... 107±05±1 0.036 30 Chrysene ...... 218±01±9 0.059 3.4 o-Cresol ...... 95±48±7 0.11 5.6 m-Cresol (difficult to distinguish from p-cresol) ...... 108±39±4 0.77 5.6 p-Cresol (difficult to distinguish from m-cresol) ...... 106±44±5 0.77 5.6 m-Cumenyl methylcarbamate ...... 64±00±6 0.056 1.4 Cycloate ...... 1134±23±2 0.003 1.4 Cyclohexanone ...... 108±94±1 0.36 0.75 mg/l TCLP o,p′-DDD ...... 53±19±0 0.023 0.087 p,p′-DDD ...... 72±54±8 0.023 0.087 o,p′-DDE ...... 3424±82±6 0.031 0.087 p,p′-DDE ...... 72±55±9 0.031 0.087 o,p′-DDT ...... 789±02±6 0.0039 0.087 p,p′-DDT ...... 50±29±3 0.0039 0.087 Dibenz(a,h)anthracene ...... 53±70±3 0.055 8.2 Dibenz(a,e)pyrene ...... 192±65±4 0.061 NA 1,2-Dibromo-3-chloropropane ...... 96±12±8 0.11 15 1,2-Dibromoethane/Ethylene dibromide ...... 106±93±4 0.028 15 Dibromomethane ...... 74±95±3 0.11 15 m-Dichlorobenzene ...... 541±73±1 0.036 6.0 o-Dichlorobenzene ...... 95±50±1 0.088 6.0 p-Dichlorobenzene ...... 106±46±7 0.090 6.0 Dichlorodifluoromethane ...... 75±71±8 0.23 7.2 1,1-Dichloroethane ...... 75±34±3 0.059 6.0 1,2-Dichloroethane ...... 107±06±2 0.21 6.0 1,1-Dichloroethylene ...... 75±35±4 0.025 6.0 trans-1,2-Dichloroethylene ...... 156±60±5 0.054 30 2,4-Dichlorophenol ...... 120±83±2 0.044 14 2,6-Dichlorophenol ...... 87±65±0 0.044 14 2,4-Dichlorophenoxyacetic acid/2,4-D ...... 94±75±7 0.72 10 1,2-Dichloropropane ...... 78±87±5 0.85 18 15656 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations

UNIVERSAL TREATMENT STANDARDSÐContinued [Note: NA means not applicable.]

Wastewater Nonwastewater standard standard

Regulated constituent/common name CAS 1 number Concentration in Concentration mg/kg 3 unless in mg/l 2 noted as ``mg/l TCLP''

cis-1,3-Dichloropropylene ...... 10061±01±5 0.036 18 trans-1,3-Dichloropropylene ...... 10061±02±6 0.036 18 Dieldrin ...... 60±57±1 0.017 0.13 Diethyl phthalate ...... 84±66±2 0.20 28 Diethylene glycol, dicarbamate ...... 5952±26±1 0.056 1.4 p-Dimethylaminoazobenzene ...... 60±11±7 0.13 NA 2-4-Dimethyl phenol ...... 105±67±9 0.036 14 Dimethyl phthalate ...... 131±11±3 0.047 28 Dimetilan ...... 644±64±4 0.056 1.4 Di-n-butyl phthalate ...... 84±74±2 0.057 28 1,4-Dinitrobenzene ...... 100±25±4 0.32 2.3 4,6±Dinitro-o-cresol ...... 534±52.1 0.28 160 2,4-Dinitrophenol ...... 51±28±5 0.12 160 2,4-Dinitrotoluene ...... 121±14±2 0.32 140 2,6-Dinitrotoluene ...... 606±20±2 0.55 28 Di-n-octyl phthalate ...... 117±84±0 0.017 28 Di-n-propylnitrosamine ...... 621±64±7 0.40 14 1,4-Dioxane ...... 123±91±1 12.0 170 Diphenylamine (difficult to distinguish from diphenylitrosamine) ...... 122±39±4 0.92 13 Diphenylnitrosamine (difficult to distinguish from diphenylamine) ...... 86±30±6 0.92 13 1,2-Diphenylhydrazine ...... 122±66±7 0.087 NA Disulfoton ...... 298±04±3 0.017 6.2 Dithiocarbamates (total) ...... 137±30±4 0.028 28 Endosulfan I ...... 959±98±8 0.023 0.066 Endosulfan II ...... 33213±65±9 0.029 0.13 Endosulfan sulfate ...... 1031±07±8 0.029 0.13 Endrin ...... 72±20±8 0.0028 0.13 Endrin aldehyde ...... 7421±93±4 0.025 0.13 EPTC ...... 759±94±4 0.003 1.4 Ethyl acetate ...... 141±78±6 0.34 33 Ethyl benzene ...... 100±41±4 0.057 10 Ethyl cyanide/Propanenitrile ...... 107±12±0 0.24 360 Ethyl ether ...... 60±29±7 0.12 160 Ethyl methacrylate ...... 97±63±2 0.14 160 Ethylene oxide ...... 75±21±8 0.12 NA bis(2-Ethylhexyl) phthalate ...... 117±81±7 0.28 28 Famphur ...... 52±85±7 0.017 15 Fluoranthene ...... 206±44±0 0.068 3.4 Fluorene ...... 86±73±7 0.059 3.4 Formetanate hydrochloride ...... 23422±53±9 0.056 1.4 Formparanate ...... 17702±57±7 0.056 1.4 Heptachlor ...... 76±44±8 0.0012 0.066 Heptachlor epoxide ...... 1024±57±3 0.016 0.066 Hexachlorobenzene ...... 118±74±1 0.055 10 Hexachlorobutadiene ...... 87±68±3 0.055 5.6 Hexachlorocyclopentadiene ...... 77±47±4 0.057 2.4 Hexachloroethane ...... 67±72±1 0.055 30 Hexachloropropylene ...... 1888±71±7 0.035 30 HxCDDs (All Hexachlorodibenzo-p-dioxins) ...... NA 0.000063 0.001 HxCDFs (All Hexachlorodibenzofurans) ...... NA 0.000063 0.001 Indeno (1,2,3-c,d) pyrene ...... 193±39±5 0.0055 3.4 Iodomethane ...... 74±88±4 0.19 65 3-lodo-2-propynyl n-butylcarbamate ...... 55406±53±6 0.056 1.4 Isobutyl alcohol ...... 78±83±1 5.6 170 Isodrin ...... 465±73±6 0.021 0.066 Isolan ...... 119±38±0 0.056 1.4 Isosafrole ...... 120±58±1 0.081 2.6 Kepone ...... 143±50±0 0.0011 0.13 Methacrylonitrile ...... 126±98±7 0.24 84 Methanol ...... 67±56±1 5.6 0.75 mg/l TCLP Methapyrilene ...... 91±80±5 0.081 1.5 Methiocarb ...... 2032±65±7 0.056 1.4 Methomyl ...... 16752±77±5 0.028 0.14 Methoxychlor ...... 72±43±5 0.25 0.18 Methyl ethyl ketone ...... 78±93±3 0.28 36 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15657

UNIVERSAL TREATMENT STANDARDSÐContinued [Note: NA means not applicable.]

Wastewater Nonwastewater standard standard

Regulated constituent/common name CAS 1 number Concentration in Concentration mg/kg 3 unless in mg/l 2 noted as ``mg/l TCLP''

Methyl isobutyl ketone ...... 108±10±1 0.14 33 Methyl methacrylate ...... 80±62±6 0.14 160 Methyl methansulfonate ...... 66±27±3 0.018 NA Methyl parathion ...... 298±00±0 0.014 4.6 3-Methylchlolanthrene ...... 56±49±5 0.0055 15 4,4-Methylene bis(2-chloroaniline ...... 101±14±4 0.50 30 Methylene chloride ...... 75±09±2 0.089 30 Metolcarb ...... 1129±41±5 0.056 1.4 Mexacarbate ...... 315±18±4 0.056 1.4 Molinate ...... 2212±67±1 0.003 1.4 Naphthalene ...... 91±20±3 0.059 5.6 2-Naphthylamine ...... 91±59±8 0.52 NA o-Nitroaniline ...... 88±74±4 0.27 14 p-Nitroaniline ...... 100±01±6 0.028 28 Nitrobenzene ...... 98±95±3 0.068 14 5-Nitro-o-toluidine ...... 99±55±8 0.32 28 o-Nitrophenol ...... 88±75±5 0.028 13 p-Nitrophenol ...... 100±02±7 0.12 29 N-Nitrosodiethylamine ...... 55±18±5 0.40 28 N-Nitrosodimethylamine ...... 62±75±9 0.40 2.3 N-Nitroso-di-n-butylamine ...... 924±16±3 0.40 17 N-Nitrosomethylethylamine ...... 10595±95±6 0.40 2.3 N-Nitrosomorpholine ...... 59±89±2 0.40 2.3 N-Nitrosopiperidine ...... 100±75±4 0.013 35 N-Nitrosopyrrolidine ...... 930±55±2 0.013 35 Oxamyl ...... 23135±22±0 0.056 0.28 Parathion ...... 56±38±2 0.014 4.6 Total PCBs (sum of all PCB isomers, or all Aroclors) ...... 1336±36±3 0.10 10 Pebulate ...... 1114±71±2 0.003 1.4 Pentachlorobenzene ...... 608±93±5 0.055 10 PeCDDs (All Pentachlorodibenzo-p-dioxins) ...... NA 0.000063 0.001 PeCDFs (All Pentachlorodibenzofurans) ...... NA 0.000035 0.001 Pentachloroethane ...... 76±01±7 0.055 6.0 Pentachloronitrobenzene ...... 82±68±8 0.055 4.8 Pentachlorophenol ...... 87±86±5 0.089 7.4 Phenacetin ...... 62±44±2 0.081 16 Phenanthrene ...... 85±01±8 0.059 5.6 Phenol ...... 108±95±2 0.039 6.2 o-Phenylenediamine ...... 95±54±5 0.056 5.6 Phorate ...... 298±02±2 0.021 4.6 Phthalic acid ...... 100±21±0 0.055 28 Phthalic anhydride ...... 85±44±9 0.055 28 Physostigmine ...... 57±47±6 0.056 1.4 Physostigmine salicylate ...... 57±64±7 0.056 1.4 Promecarb ...... 2631±37±0 0.056 1.4 Pronamide ...... 23950±58±5 0.093 1.5 Propham ...... 122±42±9 0.056 1.4 Propoxur ...... 114±26±1 0.056 1.4 Prosulfocarb ...... 52888±80±9 0.003 1.4 Pyrene ...... 129±00±0 0.067 8.2 Pyridine ...... 110±86±1 0.014 16 Safrole ...... 94±59±7 0.081 22 Silvex/2,4,5-TP ...... 93±72±1 0.72 7.9 1,2,4,5-Tetrachlorobenzene ...... 95±94±3 0.055 14 TCDDs (All Tetrachlorodibenzo-p-dioxins) ...... NA 0.000063 0.001 TCDFs (All Tetrachlorodibenzofurans) ...... NA 0.000063 0.001 1,1,1,2-Tetrachloroethane ...... 630±20±6 0.057 6.0 1,1,2,2-Tetrachloroethane ...... 79±34±5 0.057 6.0 Tetrachloroethylene ...... 127±18±4 0.056 6.0 2,3,4,6-Tetrachlorophenol ...... 58±90±2 0.030 7.4 Thiodicarb ...... 59669±26±0 0.019 1.4 Thiophanate-methyl ...... 23564±05±8 0.056 1.4 Tirpate ...... 26419±73±8 0.056 0.28 Toluene ...... 108±88±3 0.080 10 Toxaphene ...... 8001±35±2 0.0095 2.6 15658 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations

UNIVERSAL TREATMENT STANDARDSÐContinued [Note: NA means not applicable.]

Wastewater Nonwastewater standard standard

Regulated constituent/common name CAS 1 number Concentration in Concentration mg/kg 3 unless in mg/l 2 noted as ``mg/l TCLP''

Triallate ...... 2303±17±5 0.003 1.4 Tribromomethane/Bromoform ...... 75±25±2 0.63 15 1, 2, 4-Trichlorobenzene ...... 120±82±1 0.055 19 1,1,1-Trichlorethane ...... 71±55±6 0.054 6.0 1,1,2-Trichlorethane ...... 79±00±5 0.054 6.0 Trichloroethylene ...... 79±01±6 0.054 6.0 Trichloromonofluoromethane ...... 75±69±4 0.020 30 2,4,5-Trichlorophenol ...... 95±95±4 0.18 7.4 2,4,6-Trichlorophenol ...... 88±06±2 0.035 7.4 2,4,5-Trichlorophenoxyacetic acid/2,4,5-T ...... 93±.76±5 0.72 7.9 1,2,3-Trichloropropane ...... 96±18±4 0.85 30 1,1,2-Trichloro-2,2,2-trifluoroethane ...... 76±13±1 0.057 30 Triethylamine ...... 101±44±8 0.081 1.5 tris-(2,3-Dibromopropyl) phosphate ...... 126±72±7 0.11 0.10 Vernolate ...... 1929±77±7 0.003 1.4 Vinyl chloride ...... 75±01±4 0.27 6.0 Xylenes-mixed isomers (sum of o-,m-, and p-xylene concentrations) ...... 1330±20±7 0.32 30 II. Inorganic Constituents: Antimony ...... 7440±36±0 1.9 2.1 mg/l TCLP Arsenic ...... 7440±38±2 1.4 5.0 mg/l TCLP Barium ...... 7440±39±3 1.2 7.6 mg/l TCLP Beryllium ...... 7440±41±7 0.82 0.014 mg/l TCLP Cadmium ...... 7440±43±9 0.69 0.19 mg/l TCLP Chromium (Total) ...... 7440±47±3 2.77 0.86 mg/l TCLP Cyanides (Total) 4 ...... 57±12±5 1.2 590 Cyanides (Amenable) 4 ...... 57±12±5 0.86 30 Fluoride 5 ...... 16984±48±8 35 NA Lead ...... 7439±92±1 0.69 0.37 mg/l TCLP MercuryÐNonwastewater from Retort ...... 7439±97±6 NA 0.20 mg/l TCLP MercuryÐAll Others ...... 7439±97±6 0.15 0.25 mg/l TCLP Nickel ...... 7440±02±0 3.98 5.0 mg/l TCLP Selenium ...... 7782±49±2 0.82 0.16 mg/l TCLP Silver ...... 7440±22±4 0.43 0.30 mg/l TCLP Sulfide ...... 18496±25±8 14 NA Thallium ...... 7440±28±0 1.4 0.78 mg/l TCLP Vanadium 4 ...... 7440±62±2 4.3 0.23 mg/l TCLP Zinc 5 ...... 7440±66±6 2.61 5.3 mg/l TCLP Notes to table: 1 CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical with it's salts and/or esters, the CAS number is given for the parent compound only. 2 Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples. 3 Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration were established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR part 264, subpart O, or 40 CFR part 265, subpart O, or based upon combustion in fuel substitution units operating in accordance with applicable technical require- ments. A facility may comply with these treatment standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis of grab samples. 4 Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or 9012, found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'', EPA Publication SW±846, as incorporated by reference in 40 CFR 260.11, with a sam- ple size of 10 grams and a distillation time of one hour and 15 minutes. 5 These constituents are not ``underlying hazardous constituents'' in characteristic wastes, according to the definition at § 268.2(i). 20. Appendix XI is added to part 268 to read as follows:

APPENDIX XI TO PART 268ÐMETAL BEARING WASTES PROHIBITED FROM DILUTION IN A COMBUSTION UNIT ACCORDING TO 40 CFR 268.3(C) 1

Waste code Waste description

D004 ...... Toxicity Characteristic for Arsenic. D005 ...... Toxicity Characteristic for Barium. D006 ...... Toxicity Characteristic for Cadmium. D007 ...... Toxicity Characteristic for Chromium. D008 ...... Toxicity Characteristic for Lead. D009 ...... Toxicity Characteristic for Mercury. D010 ...... Toxicity Characteristic for Selenium. D011 ...... Toxicity Characteristic for Silver. Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15659

APPENDIX XI TO PART 268ÐMETAL BEARING WASTES PROHIBITED FROM DILUTION IN A COMBUSTION UNIT ACCORDING TO 40 CFR 268.3(C) 1ÐContinued

Waste code Waste description

F006 ...... Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc-plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum. F007 ...... Spent cyanide plating bath solutions from electroplating operations. F008 ...... Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process. F009 ...... Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the proc- ess. F010 ...... Quenching bath residues from oil baths from metal treating operations where cyanides are used in the process. F011 ...... Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations. F012 ...... Quenching waste water treatment sludges from metal heat treating operations where cyanides are used in the process. F019 ...... Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum car washing when such phosphating is an exclusive conversion coating process. K002 ...... Wastewater treatment sludge from the production of chrome yellow and orange pigments. K003 ...... Wastewater treatment sludge from the production of molybdate orange pigments. K004 ...... Wastewater treatment sludge from the production of zinc yellow pigments. K005 ...... Wastewater treatment sludge from the production of chrome green pigments. K006 ...... Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated). K007 ...... Wastewater treatment sludge from the production of iron blue pigments. K008 ...... Oven residue from the production of chrome oxide green pigments. K061 ...... Emission control dust/sludge from the primary production of steel in electric furnaces. K069 ...... Emission control dust/sludge from secondary lead smelting. K071 ...... Brine purification muds from the mercury cell processes in chlorine production, where separately prepurified brine is not used. K100 ...... Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting. K106 ...... Sludges from the mercury cell processes for making chlorine. P010 ...... Arsenic acid H3AsO4 P011 ...... Arsenic oxide As2O5 P012 ...... Arsenic trioxide P013 ...... Barium cyanide P015 ...... Beryllium P029 ...... Copper cyanide Cu(CN) P074 ...... Nickel cyanide Ni(CN)2 P087 ...... Osmium tetroxide P099 ...... Potassium silver cyanide P104 ...... Silver cyanide P113 ...... Thallic oxide P114 ...... Thallium (l) selenite P115 ...... Thallium (l) sulfate P119 ...... Ammonium vanadate P120 ...... Vanadium oxide V2O5 P121 ...... Zinc cyanide. U032 ...... Calcium chromate. U145 ...... Lead phosphate. U151 ...... Mercury. U204 ...... Selenious acid. U205 ...... Selenium disulfide. U216 ...... Thallium (I) chloride. U217 ...... Thallium (I) nitrate. 1 A combustion unit is defined as any thermal technology subject to 40 CFR part 264, subpart O; Part 265, subpart O; and/or 266, subpart H.

PART 271ÐREQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS

21. The authority citation for part 271 continues to read as follows: Authority: 42 U.S.C. 6905, 6912(a) and 6926.

Subpart AÐRequirements for Final Authorization

22. 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, and by adding the following entries to Table 2 in chronological order by effective date in the Federal Register to read as follows: § 271.1 Purpose and scope. * * * * * (j) * ** 15660 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations

TABLE 1.ÐREGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Promulgation date Title of regulation Federal Register reference Effective date

******* April 8, 1996 ...... Land Disposal Restrictions Phase IIIÐDecharacterized 61 FR [Insert page numbers]. July 8, 1996. Wastewaters, Carbamate Wastes, and Spent Aluminum Potliners in § 268.39..

*******

* * * * *

TABLE 2ÐSELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Effective date Self-implementing provision RCRA citation Federal Register reference

******* July 8, 1996 ...... Prohibition on land disposal of carbamate 3004(m)...... April 8, 1996, 61 FR [Insert page numbers]. wastes..

******* October 8, 1996 ...... Prohibition on land disposal of K088 wastes. . 3004(m)...... April 8, 1998, 61 FR [Insert page numbers]. April 8, 1996 ...... 3004(m) ...... April 8, 1996, 61 FR [Insert page numbers].

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PART 403ÐGENERAL (d) Local limits. Where specific opinion of the Circuit Court of Appeals PRETREATMENT REGULATIONS FOR prohibitions or limits on pollutants or for the District of Columbia Circuit in EXISTING AND NEW SOURCES OF pollutant parameters are developed by a Chemical Waste Management (CWM) v. POLLUTION POTW in accordance with paragraph (c) EPA, 976 F. 2d 2 (D.C. Cir. 1992) cert. of this section, including those denied 507 U.S. 1057 (1993). On March 23. The authority citation for part 403 standards established to address land 26, 1996, President Clinton signed into continues to read as follows: disposal restrictions at 40 CFR 268.40, law the Land Disposal Program Authority: Sec. 54(c)(2) of the Clean Water such limits shall be deemed Flexibility Act of 1996 which, among Act of 1977, (Pub. L. 95–217) sections Pretreatment Standards for the purposes other things, provides that the wastes in 204(b)(1)(C), 208(b)(2)(C)(iii), 301(b)(1)(A)(ii), of section 307(d) of the Act. question are no longer prohibited from 301(b)(2)(A)(ii), 301(b)(2)(C), 301(h)(5), * * * * * land disposal so long as they are not 301(i)(2), 304(e), 304(g), 307, 308, 309, 402(b), 405 and 501(a) of the Federal Water [FR Doc. 96–7597 Filed 4–5–96; 8:45 am] hazardous wastes at the point they are Pollution Control Act (Pub. L. 92–500) as BILLING CODE 6560±50±P land disposed. By operation of the amended by the Clean Water Act of 1977 and statute, this provision is made effective the Water Quality Act of 1987 (Pub. L. 100– immediately and therefore essentially 4). 40 CFR Parts 148, 268 and 403 overrules this portion of the CWM 24. In § 403.5, paragraphs (c) heading, [EPA # 530±Z±96±002; FRL±5452±7] opinion. EPA accordingly is (c)(1) and (d) are revised to read as incorporating the statutory provision follows: RIN 2050±AD38 into the regulations by amending and/or withdrawing the portions of the § 403.5 National pretreatment standards: Land Disposal Restrictions Phase IIIÐ regulations that are superseded by the Prohibited discharges. Decharacterized Wastewaters, new legislation. The amendment/ * * * * * Carbamate Wastes, and Spent withdrawal of these standards does not (c) Development of specific limits by Potliners affect any other part of the final rule; POTW. (1) Each POTW developing a AGENCY: Environmental Protection and the effective dates of the other POTW Pretreatment Program pursuant Agency (EPA). actions in the final rule likewise will to § 403.8 shall develop and enforce not change. Furthermore, EPA is ACTION: Partial withdrawal and specific limits to implement the amending parts of the LDR Phase II final amendment of final rule. prohibitions listed in paragraphs (a)(1) rule, published on September 19, 1994 and (b) of this section. Each POTW with SUMMARY: Elsewhere in this Federal (59 FR 47982) which are also overruled an approved pretreatment program shall Register, EPA is promulgating a final by the legislation. continue to develop these limits as rule which, among other things, revises EFFECTIVE DATE: April 5, 1996. necessary and effectively enforce such treatment standards for hazardous limits. In addition, the POTW may wastewaters that exhibit the FOR FURTHER INFORMATION CONTACT: For establish such limits as necessary to characteristic of ignitability, corrosivity, general information contact the RCRA address the land disposal restrictions at reactivity, or toxicity. The revised Hotline at 800–424–9346 (toll-free) or 40 CFR 268.40. treatment standards were promulgated 703–412–9810 locally. For specific * * * * * to implement the mandate of the information on the LDR Phase III rule