[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15660-15668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8249]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 148, 268 and 403
[EPA # 530-Z-96-002; FRL-5452-7]
RIN 2050-AD38
Land Disposal Restrictions Phase III--Decharacterized
Wastewaters, Carbamate Wastes, and Spent Potliners
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal and amendment of final rule.
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SUMMARY: Elsewhere in this Federal Register, EPA is promulgating a
final rule which, among other things, revises treatment standards for
hazardous wastewaters that exhibit the characteristic of ignitability,
corrosivity, reactivity, or toxicity. The revised treatment standards
were promulgated to implement the mandate of the opinion of the Circuit
Court of Appeals for the District of Columbia Circuit in Chemical Waste
Management (CWM) v. EPA, 976 F. 2d 2 (D.C. Cir. 1992) cert. denied 507
U.S. 1057 (1993). On March 26, 1996, President Clinton signed into law
the Land Disposal Program Flexibility Act of 1996 which, among other
things, provides that the wastes in question are no longer prohibited
from land disposal so long as they are not hazardous wastes at the
point they are land disposed. By operation of the statute, this
provision is made effective immediately and therefore essentially
overrules this portion of the CWM opinion. EPA accordingly is
incorporating the statutory provision into the regulations by amending
and/or withdrawing the portions of the regulations that are superseded
by the new legislation. The amendment/withdrawal of these standards
does not affect any other part of the final rule; and the effective
dates of the other actions in the final rule likewise will not change.
Furthermore, EPA is amending parts of the LDR Phase II final rule,
published on September 19, 1994 (59 FR 47982) which are also overruled
by the legislation.
EFFECTIVE DATE: April 5, 1996.
FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at 800-424-9346 (toll-free) or 703-412-9810 locally. For
specific information on the LDR Phase III rule
[[Page 15661]]
and this document, contact Peggy Vyas in the Office of Solid Waste,
phone 703-308-8594.
SUPPLEMENTARY INFORMATION:
I. Today's Action
Elsewhere in this Federal Register, a final rule is published which
revises treatment standards for decharacterized wastewaters that are
managed in surface impoundments regulated under the Clean Water Act
(CWA) or in CWA-equivalent systems, and in Class I nonhazardous waste
injection wells regulated under the Safe Drinking Water Act (SDWA).
Among other actions, the final rule would have (1) revised 40 CFR
148.1(b) and (d), 148.3, 148.4, 148.20(a), 268.3, 268.40(e), 268.44(a),
and 403.5(d); and (2) amended 268.1(e), 268.9(d), and 403.5(c); as well
as (3) added 148.18, 268.2 (k) and (l), 268.9 (e), (f), and (g), and
268.39. EPA also promulgated certain regulations as part of the LDR
Phase II rule prohibiting injection of certain decharacterized wastes
(see 40 CFR 148.17(c) and 268.1(c)(3) at 59 FR 48041 and 48043
(September 19, 1994)).
EPA promulgated these provisions to implement the holding and
reasoning of the D.C. Circuit's opinion in CWM v. EPA, 976 F. 2d 2
(D.C. Cir. 1992), cert. denied 507 U.S. 1057 (1993). EPA interpreted
this opinion to require hazardous constituents in characteristic wastes
to be treated so that the constituents were removed, destroyed or
immobilized before the wastes were permanently land disposed, in order
to minimize threats posed by land disposal of the wastes. This
requirement extended to wastewaters managed in the types of centralized
wastewater management systems mentioned above. In doing so, EPA noted
in the LDR Phase III final rule, published elsewhere in this Federal
Register, that it would not have set treatment standards for hazardous
constituents in these characteristic wastewaters at this time but for
the court's opinion, and noted the pendency of legislation which could
overrule the court's opinion and so require amendments to the final
rule.
Congress has now passed that legislation, the Land Disposal Program
Flexibility Act of 1996, and President Clinton signed it into law on
March 26, 1996 (Public Law 104-119, 100 Stat. 830). A main purpose of
the legislation is to put back in place the approach for centrally-
managed, decharacterized wastewater which EPA adopted in the LDR
``Third Third'' rule promulgated on June 1, 1990 (55 FR 22520). The new
legislation states, in essence, that hazardous wastes which are
hazardous only because they are identified as exhibiting a
characteristic are not prohibited from land disposal if they are
managed in either a treatment system whose ultimate discharge is
regulated under the CWA (including both direct and indirect
dischargers), a CWA-equivalent treatment system, or a Class I
nonhazardous injection well regulated under the SDWA, provided that the
wastes no longer are hazardous (i.e. no longer exhibit a
characteristic) at the point land disposal occurs (RCRA Sec. 3004(g)
(7) and (8)). The characteristic can be removed by any means, including
dilution or other deactivation through aggregation of different
wastestreams preceding land disposal (see H. Rep. No. 454, 104th Cong.
2d Sess. at 9). For wastes managed in CWA or CWA-equivalent systems,
there is a further caveat that characteristic wastes for which EPA has
promulgated a method of treatment as the treatment standard (for
example, high TOC ignitable wastes for which the treatment standard is
recovery of organics (RORGS) or combustion (CMBST)) remain prohibited
unless treated pursuant to that method (RCRA Sec. 3004(g)(7)). Reactive
cyanide wastes (i.e. wastes that may release toxic emissions when
exposed to pH conditions between 2 and 12 as defined in 40 CFR
261.23(a)(5)) likewise remain prohibited from disposal units in CWA and
CWA-equivalent treatment systems unless first treated to satisfy the
treatment standard (id.).
The purpose of this notice is to withdraw the portions of the
existing rules which are inconsistent with the new statute and
therefore no longer in effect, or, in a few limited instances, to amend
language which cannot be feasibly withdrawn. Thus, treatment standards
for wastes identified as exhibiting a characteristic and managed in
centralized wastewater management systems identified above will require
only that the wastes be deactivated (i.e. rendered non-hazardous)
before they are land disposed. The exception will continue to be for
wastes for which the treatment standard is a method of treatment--
namely high TOC ignitables--and for reactive cyanide wastes, which must
be treated to satisfy the existing treatment standard before land
disposal in a surface impoundment at CWA and CWA-equivalent treatment
systems.
This action puts back in place the rules which existed before EPA
promulgated the LDR Phase III provisions. Thus, for example,
withdrawing the version of 148.1(d) promulgated in the LDR Phase III
rule has the effect of restoring the previous version of that
provision. EPA believes that withdrawing the portions of the rules that
have been superseded is the quickest and simplest way of amending the
rules that conform to the new legislation. Certain portions of the LDR
Phase III rule have to be amended (namely Secs. 268.3, 268.39 and
268.40) because withdrawing them would undo other revisions which are
not affected by the legislation. \1\
\1\ In addition, EPA is withdrawing Sec. 148.18(d) because this
prohibition already exists in Sec. 148.16 (c) and (f).
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EPA realizes that there may be certain questions relating to other
provisions of the rules which may benefit from clarifying revisions in
light of the statutory amendment. (Communications from various affected
parties suggesting such changes are part of the record for this
notice.) EPA is limiting this notice to changes that have to be made to
eliminate superceded regulatory provisions. EPA intends to pursue the
possibility of whether clarifying amendments are needed in other
proceedings.
EPA does wish, however, that to clarify that as a result of
withdrawing these provisions, generators with decharacterized
wastewaters that are being managed in CWA or CWA-equivalent systems or
injected into Class I nonhazardous injection wells do not have to
identify underlying hazardous constituents. EPA also wishes to make
clear to States that withdrawing these provisions removes the
obligation for States to adopt them as part of an authorized program.
II. Interpretive Issues
A. Definition of CWA-Equivalent Treatment
The legislation does not define what a CWA-equivalent treatment
system is, leaving the issue to the Administrator (RCRA
Sec. 3004(g)(7)(A)). EPA's existing rules at 40 CFR 268.38(a) provide a
definition: ``CWA equivalent treatment means biological treatment for
organics, alkaline chlorination or ferrous sulfate precipitation for
cyanide, precipitation/sedimentation for metals, reduction of
hexavalent chromium, or other treatment technology that can be
demonstrated to perform equally or better than these technologies.''
EPA intends to use this definition in implementing the new statute.
B. Wastes Listed Because They Exhibit a Characteristic
A number of wastes, such as F003 ignitable solvents, are listed as
hazardous solely because they exhibit a characteristic of hazardous
waste. The legislation does not by its terms apply
[[Page 15662]]
to such wastes (it applies only to wastes that are identified by
characteristic, and so does not apply to listed wastes). EPA's current
rules addressing the status of this type of waste under the LDR program
are tangled. The Agency initially found that the dilution prohibition
should apply to such wastes. See 56 FR 3864 and 3871 (Jan. 31, 1991).
However, in a later notice, EPA amended the rules so that wastewaters
that are listed solely because they exhibit a characteristic would not
be subject to the dilution prohibition. 57 FR 37194 and 37263 (August
18, 1992). EPA did so to be consistent with the Third Third rule's
approach to characteristic wastewaters. Id. at 37210-37211. This action
occurred before the D.C. Circuit issued its decision remanding portions
of the Third Third rule dealing with wastewaters. The Agency never
corrected the regulation (found at 40 CFR 261.3(a)(2)(iii)) to conform
to the opinion.
EPA's initial view is that the existing regulatory provision not
applying the dilution prohibition to wastewaters listed because they
exhibit a characteristic is probably inconsistent with the court's
opinion, but that the principles of the new legislation (although not
its language) could apply to these wastes. EPA thus has a policy choice
as to whether to amend the existing rule. Today's notice is not
intended to make policy choices, but rather to withdraw those rules no
longer in effect. EPA plans to revisit this issue in a later
proceeding. In the interim, the existing rule which provides that the
dilution prohibition does not apply to wastewaters listed solely
because they exhibit a characteristic remains in effect.
III. Status of Other LDR Treatment Standards
EPA is not withdrawing other treatment standards promulgated in
either the LDR Phase III rule or other rules implementing portions of
the court's opinion that are unaffected by the new legislation.
Consequently, the provisions of the May 24, 1993, Interim Final Rule
(58 FR 29860), which applied to disposal not involving the types of
centralized wastewater management systems covered by the legislation,
remain unaffected. Thus, underlying hazardous constituents in
decharacterized wastes that are disposed of in systems other than these
centralized wastewater management systems must continue to be treated
before land disposal. Similarly, EPA amended the treatment standards
for reactive wastes in the LDR Phase III final rule, published
elsewhere in this Federal Register, to require that underlying
hazardous constituents be treated when the wastes are land disposed
(with an exception for certain types of emergency detonation
situations). These requirements are likewise not addressed by the
legislation (unless centralized wastewater management of the wastes is
involved), and EPA is consequently not withdrawing these treatment
standards.
IV. Rationale for Immediate Effective Date
EPA is taking this action without prior notice and opportunity to
comment. Because the provisions of the legislation are effective
immediately, the legislation overrules the D.C. Circuit's opinion, and
thus necessarily overrules the rules implementing those parts of the
opinion. Consequently, those rules need to be withdrawn to reflect the
new statute. The situation is similar to what the Agency faced in 1985
when it codified portions of the 1984 amendments to RCRA without prior
notice and opportunity to comment. 50 FR 28704 (July 15, 1985). The
Agency's action was upheld in United Technologies v. EPA, 821 F. 2d
714, 720 (D.C. Cir. 1987). See also Metzenbaum v. Federal Energy
Regulatory Commission (FERC), 675 F. 2d 1282, 1291 (D.C. Cir. 1982)
(funding orders implementing statutory waiver were non-discretionary
acts regulated by such waiver and that notice and comment procedures
were unnecessary and possibly contrary to public interest ``given the
expense that would have been involved in the futile gesture''); Hadson
Gas Systems v. FERC, ______ F. 2d ____ (D.C. Cir. Feb. 9, 1996)
(because controlling statute left FERC no authority to retain a
regulation, notice and comment is not needed to withdraw it). EPA views
today's effort as comparable to that involved in codifying the 1984
amendments since the legislation is focused clearly on one particular
set of regulations and requires little interpretation by the Agency,
and consequently that the decision to issue an immediately final
withdrawal is justified. Consequently, EPA believes that good cause
exists to issue this rule in immediately final form.
List of Subjects
40 CFR Part 148
Environmental protection, Administrative practice and procedure,
Hazardous waste, Reporting and recordkeeping requirements, Water
supply.
40 CFR Part 268
Hazardous waste, Reporting and recordkeeping requirements.
40 CFR Part 403
Reporting and recordkeeping requirements, Waste treatment and
disposal, Water pollution controls.
Dated: March 29, 1996.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, title 40, chapter I of
the Code of Federal Regulations is amended as follows:
1. The amendments revising 40 CFR 148.1(b) and (d), 148.3, 148.4,
148.20(a) introductory text, 268.3, 268.40(e), 268.44(a), and 403.5(d);
as well as the amendments amending 40 CFR 268.1(e), 268.9(d), and
403.5(c); as well as the amendments adding 40 CFR 148.18, 268.2(k) and
(l), 268.9(e), (f), and (g), and 268.39 as published elsewhere in this
issue of the Federal Register are withdrawn.
PART 148--HAZARDOUS WASTE INJECTION RESTRICTIONS
2. The authority citation for part 148 continues to read as
follows:
Authority: Sec. 3004, Resource Conservation and Recovery Act, 42
U.S.C. 6901 et seq.
Sec. 148.17--[Amended]
3. Section 148.17 is amended by removing and reserving paragraph
(c).
4. Section 148.18 is added to subpart B to read as follows:
Sec. 148.18 Waste specific prohibitions--newly identified wastes.
(a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA
Hazardous waste numbers K156-K161, P127, P128, P185, P188-P192, P194,
P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-
U379, U381-387, U389-U396, U400-U404, U407, and U409-U411 are
prohibited from underground injection.
(b) On January 8, 1997, the wastes specified in 40 CFR 261.32 as
EPA Hazardous waste number K088 is prohibited from underground
injection.
(c) On April 8, 1998, the wastes specified in 40 CFR part 261 as
EPA Hazardous waste numbers D018-043, and Mixed TC/Radioactive wastes,
are prohibited from underground injection.
PART 268--LAND DISPOSAL RESTRICTIONS
5. The authority citation for part 268 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
[[Page 15663]]
Subpart A--General
6. Section 268.1 is amended by removing and reserving paragraph
(c)(3).
7. Section 268.3 is revised to read as follows:
Sec. 268.3 Dilution prohibited as a substitute for treatment.
(a) Except as provided in paragraph (b) of this section, no
generator, transporter, handler, or owner or operator of a treatment,
storage, or disposal facility shall in any way dilute a restricted
waste or the residual from treatment of a restricted waste as a
substitute for adequate treatment to achieve compliance with subpart D
of this part, to circumvent the effective date of a prohibition in
subpart C of this part, to otherwise avoid a prohibition in subpart C
of this part, or to circumvent a land disposal prohibition imposed by
RCRA section 3004.
(b) Dilution of wastes that are hazardous only because they exhibit
a characteristic in a treatment system which treats wastes subsequently
discharged to a water of the United States pursuant to a permit issued
under section 402 of the Clean Water Act (CWA), or which treats wastes
in a CWA-equivalent treatment system, or which treats wastes for the
purposes of pretreatment requirements under section 307 of the CWA is
not impermissible dilution for purposes of this section unless a method
has been specified in Sec. 268.40 as the treatment standard, or unless
the waste is a D003 reactive cyanide wastewater or nonwastewater.
(c) Combustion of the hazardous waste codes listed in Appendix XI
of this part is prohibited, unless the waste, at the point of
generation, or after any bona fide treatment such as cyanide
destruction prior to combustion, can be demonstrated to comply with one
or more of the following criteria (unless otherwise specifically
prohibited from combustion):
(1) The waste contains hazardous organic constituents or cyanide at
levels exceeding the constituent-specific treatment standard found in
Sec. 268.48;
(2) The waste consists of organic, debris-like materials (e.g.,
wood, paper, plastic, or cloth) contaminated with an inorganic metal-
bearing hazardous waste;
(3) The waste, at point of generation, has reasonable heating value
such as greater than or equal to 5000 BTU per pound;
(4) The waste is co-generated with wastes for which combustion is a
required method of treatment;
(5) The waste is subject to Federal and/or State requirements
necessitating reduction of organics (including biological agents); or
(6) The waste contains greater than 1% Total Organic Carbon (TOC).
8. Section 268.39 is added to read as follows:
Sec. 268.39 Waste specific prohibitions--spent aluminum potliners;
reactive; and carbamate wastes.
(a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA
Hazardous Waste numbers K156-K161; and in 40 CFR 261.33 as EPA
Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199,
P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-
U387, U389-U396, U400-U404, U407, and U409-U411 are prohibited from
land disposal. In addition, soil and debris contaminated with these
wastes are prohibited from land disposal.
(b) On July 8, 1996, the wastes identified in 40 CFR 261.23 as D003
that are managed in systems other than those whose discharge is
regulated under the Clean Water Act (CWA), or that inject in Class I
deep wells regulated under the Safe Drinking Water Act (SDWA), or that
are zero dischargers that engage in CWA-equivalent treatment before
ultimate land disposal, are prohibited from land disposal. This
prohibition does not apply to unexploded ordnance and other explosive
devices which have been the subject of an emergency response. (Such
D003 wastes are prohibited unless they meet the treatment standard of
DEACT before land disposal (see Sec. 268.40)).
(c) On January 8, 1997, the wastes specified in 40 CFR 261.32 as
EPA Hazardous Waste number K088 are prohibited from land disposal. In
addition, soil and debris contaminated with these wastes are prohibited
from land disposal.
(d) On April 8, 1998, Radioactive wastes mixed with K088, K156-
K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271,
U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396,
U400-U404, and U407, U409-U411 are also prohibited from land disposal.
In addition, soil and debris contaminated with these radioactive mixed
wastes are prohibited from land disposal.
(e) Between July 8, 1996, and April 8, 1998, the wastes included in
paragraphs (a), (b), (c), and (d) of this section may be disposed in a
landfill or surface impoundment, only if such unit is in compliance
with the requirements specified in Sec. 268.5(h)(2).
(f) The requirements of paragraphs (a), (b), (c), and (d) of this
section do not apply if:
(1) The wastes meet the applicable treatment standards specified in
Subpart D of this part;
(2) Persons have been granted an exemption from a prohibition
pursuant to a petition under Sec. 268.6, with respect to those wastes
and units covered by the petition;
(3) The wastes meet the applicable alternate treatment standards
established pursuant to a petition granted under Sec. 268.44;
(4) Persons have been granted an extension to the effective date of
a prohibition pursuant to Sec. 268.5, with respect to these wastes
covered by the extension.
(g) To determine whether a hazardous waste identified in this
section exceeds the applicable treatment standards specified in
Sec. 268.40, the initial generator must test a sample of the waste
extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the
waste, or the generator may use knowledge of the waste. If the waste
contains constituents in excess of the applicable Subpart D levels, the
waste is prohibited from land disposal, and all requirements of this
part 268 are applicable, except as otherwise specified.
9. Section 268.40 is amended by revising paragraph (e) to read as
follows:
Sec. 268.40 Applicability of treatment standards.
* * * * *
(e) For characteristic wastes (D001-D003, and D018-D043) that are
subject to treatment standards in the following table ``Treatment
Standards for Hazardous Wastes,'' all underlying hazardous constituents
(as defined in Sec. 268.2(i)) must meet Universal Treatment Standards,
found in Sec. 268.48, ``Table UTS,'' prior to land disposal as defined
in Sec. 268.2(c).
* * * * *
10. In Sec. 268.40, Table Sec. 268.40, as revised elsewhere in this
issue of the Federal Register, is further amended by removing note 8 at
the end of the table and by revising the entries for D001, D002, D003
and D018-D043 to read as follows:
* * * * *
[[Page 15664]]
Treatment Standards for Hazardous Wastes
(Note: NA means not applicable.)
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Regulated Hazardous Constituent Wastewaters Nonwastewaters
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Concentration in
Waste code Waste description and treatment/regulatory Concentration in mg/kg \5\ unless
subcategory \1\ Common name CAS \2\ No. mg/l \3\; or noted as ``mg/l
technology code TCLP''; or
\4\ technology code
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D001................ Ignitable Characteristic Wastes, except NA.............................. NA DEACT DEACT
for the Sec. 261.21(a)(1) High TOC and meet Sec. and meet Sec.
Subcategory, that are managed in non-CWA/ 268.48 standards; 268.48 standards;
non-CWA-equivalent/non-Class I SDWA or RORGS; or CMBST or RORGS; or CMBST
systems.
Ignitable Characteristic Wastes, except NA.............................. NA DEACT DEACT
for the Sec. 261.21(a)(1) High TOC
Subcategory, that are managed in CWA/CWA-
equivalent/Class I SDWA systems.
High TOC Ignitable Characteristic Liquids NA.............................. NA NA RORGS; or CMBST
Subcategory based on 40 CFR 261.21(a)(1)--
Greater than or equal to 10% total
organic carbon. (Note: This subcategory
consists of nonwastewaters only).
D002................ Corrosive Characteristic Wastes that are NA.............................. NA DEACT DEACT
managed in non-CWA/non-CWA equivalent/non- and meet Sec. and meet Sec.
Class I SDWA systems. 268.48 standards 268.48 standards
Corrosive Characteristic Wastes that are NA.............................. NA DEACT DEACT
managed in CWA, CWA-equivalent, or Class
I SDWA systems.
* * * * * * *
D003................ Reactive Sulfides Subcategory based on NA.............................. NA DEACT DEACT
261.23(a)(5).
Unexploded ordnance and other explosive NA.............................. NA DEACT DEACT
devices which have been the subject of an
emergency response.
Explosives Subcategory based on 261.23(a) NA.............................. NA DEACT DEACT
(6), (7), and (8). and meet Sec. and meet Sec.
268.48 standards 268.48 standards
Other Reactives Subcategory based on NA.............................. NA DEACT DEACT
261.23(a)(1).
Water Reactive Subcategory based on NA.............................. NA NA DEACT
261.23(a) (2), (3), and (4). (Note: This and meet Sec.
subcategory consists of nonwastewaters 268.48 standards
only.).
Reactive Cyanides Subcategory based on Cyanides (Total) \7\............ 57-12-5 Reserved 590
261.23(a)(5).
Cyanides (Amenable) \7\......... 57-12-5 0.86 30
* * * * * * *
D018................ Wastes that are TC for Benzene based on Benzene......................... 71-43-2 0.14 10
the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Benzene based on Benzene......................... 71-43-2 0.14 10
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D019................ Wastes that are TC for Carbon Carbon tetrachloride............ 56-23-5 0.057 6.0
tetrachloride based on the TCLP in SW846 and meet Sec. and meet Sec.
Method 1311 and that are managed in non- 268.48 standards 268.48 standards
CWA/non-CWA equivalent/non-Class I SDWA
systems only.
Wastes that are TC for Carbon Carbon tetrachloride............ 56-23-5 0.057 6.0
tetrachloride based on the TCLP in SW846
Method 1311 and that are managed in CWA,
CWA equivalent, or Class I SDWA systems.
D020................ Wastes that are TC for Chlordane based on Chlordane (alpha and gamma 57-74-9 0.0033 0.26
the TCLP in SW846 Method 1311 and that isomers). and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Chlordane based on Chlordane (alpha and gamma 57-74-9 0.0033 0.26
the TCLP in SW846 Method 1311 and that isomers).
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
[[Page 15665]]
D021................ Wastes that are TC for Chlorobenzene based Chlorobenzene................... 108-90-7 0.057 6.0
on the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Chlorobenzene based Chlorobenzene................... 108-90-7 0.057 6.0
on the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D022................ Wastes that are TC for Chloroform based on Chloroform...................... 67-66-3 0.046 6.0
the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Chloroform based on Chloroform...................... 67-66-3 0.046 6.0
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D023................ Wastes that are TC for o-Cresol based on o-Cresol........................ 95-48-7 0.11 5.6
the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for o-Cresol based on o-Cresol........................ 95-48-7 0.11 5.6
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D024................ Wastes that are TC for m-Cresol based on m-Cresol (difficult to 108-39-4 0.77 5.6
the TCLP in SW846 Method 1311 and that distinguish from p-cresol). and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for m-Cresol based on m-Cresol (difficult to 108-39-4 0.77 5.6
the TCLP in SW846 Method 1311 and that distinguish from p-cresol).
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D025................ Wastes that are TC for p-Cresol based on p-Cresol (difficult to 106-44-5 0.77 5.6
the TCLP in SW846 Method 1311 and that distinguish from m-cresol). and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for p-Cresol based on p-Cresol (difficult to 106-44-5 0.77 5.6
the TCLP in SW846 Method 1311 and that distinguish from m-cresol).
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D026................ Wastes that are TC for Cresols (Total) Cresol-mixed isomers (Cresylic 1319-77-3 0.88 11.2
based on the TCLP in SW846 Method 1311 acid) (sum of o-, m-, p-cresol and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA concentrations). 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Cresols (Total) Cresol-mixed isomers (Cresylic 1319-77-3 0.88 11.2
based on the TCLP in SW846 Method 1311 acid) (sum of o-, m-, and p-
and that are managed in CWA, CWA cresol concentrations).
equivalent, or Class I SDWA systems.
D027................ Wastes that are TC for p-Dichlorobenzene p-Dichlorobenzene (1,4- 106-46-7 0.090 6.0
based on the TCLP in SW846 Method 1311 Dichlorobenzene). and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for p-Dichlorobenzene p-Dichlorobenzene (1,4- 106-46-7 0.090 6.0
based on the TCLP in SW846 Method 1311 Dichlorobenzene).
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D028................ Wastes that are TC for 1,2-Dichloroethane 1,2-Dichloroethane.............. 107-06-2 0.21 6.0
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA system only.
[[Page 15666]]
Wastes that are TC for 1,2-Dichloroethane 1,2-Dichloroethane.............. 107-06-2 0.21 6.0
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D029................ Wastes that are TC for 1,1- 1,1-Dichloroethylene............ 75-35-4 0.025 6.0
Dichloroethylene based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311 and that are managed in 268.48 standards 268.48 standards
non-CWA/non-CWA equivalent/non-Class I
SDWA system only.
Wastes that are TC for 1,1- 1,1-Dichloroethylene............ 75-35-4 0.025 6.0
Dichloroethylene based on the TCLP in
SW846 Method 1311 and that are managed in
CWA, CWA equivalent, or Class I SDWA
systems.
D030................ Wastes that are TC for 2,4-Dinitrotoluene 2,4-Dinitrotoluene.............. 121-14-2 0.32 140
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA system only.
Wastes that are TC for 2,4-Dinitrotoluene 2,4-Dinitrotoluene.............. 121-14-2 0.32 140
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D031................ Wastes that are TC for Heptachlor based on Heptachlor...................... 76-44-8 0.0012 0.066
the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Heptachlor epoxide.............. 1024-57-3 0.016 0.066
and meet Sec. and meet Sec.
268.48 standards 268.48 standards
Wastes that are TC for Heptachlor based on Heptachlor...................... 76-44-8 0.0012 0.066
the TCLP ion SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
Heptachlor epoxide.............. 1024-57-3 0.016 0.066
D032................ Wastes that are TC for Hexachlorobenzene Hexachlorobenzene............... 118-74-1 0.55 10
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA system only.
Wastes that are TC for Hexachlorobenzene Hexachlorobenzene............... 118-74-1 0.055 10
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D033................ Wastes that are TC for Hexachlorobutadiene Hexachlorobutadiene............. 87-68-3 0.055 5.6
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Hexachlorobutadiene Hexachlorobutadiene............. 87-68-3 0.055 5.6
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D034................ Wastes that are TC for Hexachloroethane Hexachloroethane................ 67-72-1 0.055 30
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Hexachloroethane Hexachlorethane................. 67-72-1 0.055 30
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
[[Page 15667]]
D035................ Wastes that are TC for Methyl ethyl ketone Methyl ethyl ketone............. 78-93-3 0.28 36
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Methyl ethyl ketone Methyl ethyl ketone............. 78-93-3 0.28 36
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, Class I SDWA systems.
D036................ Wastes that are TC for Nitrobenzene based Nitrobenzene.................... 98-95-3 0.068 14
on the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Nitrobenzene based Nitrobenzene.................... 98-95-3 0.068 14
on the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, Class
I SDWA systems.
D037................ Wastes that are TC for Pentachlorophenol Pentachlorophenol............... 87-86-5 0.089 7.4
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Pentachlorophenol Pentachlorophenol............... 87-86-5 0.089 7.4
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, Class I SDWA systems.
D038................ Wastes that are TC for Pyridine based on Pyridine........................ 110-86-1 0.014 16
the TCLP in SW846 Method 1311 and that and meet Sec. and meet Sec.
are managed in non-CWA/non-CWA equivalent/ 268.48 standards 268.48 standards
non-Class I SDWA systems only.
Wastes that are TC for Pyridine based on Pyridine........................ 110-86-1 0.014 16
the TCLP in SW846 Method 1311 and that
are managed in CWA, CWA equivalent, or
Class I SDWA systems.
D039................ Wastes that are TC for Tetrachloroethylene Tetrachloroethylene............. 127-18-4 0.056 6.0
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Tetrachloroethylene Tetrachloroethylene............. 127-18-4 0.056 6.0
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D040................ Wastes that are TC for Trichloroethylene Trichloroethylene............... 79-01-6 0.054 6.0
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Trichloroethylene Trichloroethylene............... 79-01-6 0.054 6.0
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
D041................ Wastes that are TC for 2,4,5- 2,4,5-Trichlorophenol........... 95-95-4 0.18 7.4
Trichlorophenol based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311 and that are managed in 268.48 standards 268.48 standards
non-CWA/non-CWA equivalent/non-Class I
SDWA systems only.
Wastes that are TC for 2,4,5- 2,4,5-Trichlorophenol........... 95-95-4 0.18 7.4
Trichlorophenol based on the TCLP in
SW846 Method 1311 and that are managed in
CWA, CWA equivalent, or Class I SDWA
systems.
[[Page 15668]]
D042................ Wastes that are TC for 2,4,6- 2,4,6-Trichlorophenol........... 88-06-2 0.035 7.4
Trichlorophenol based on the TCLP in and meet Sec. and meet Sec.
SW846 Method 1311 and that are managed in 268.48 standards 268.48 standards
non-CWA/non-CWA equivalent/non-Class I
SDWA systems only.
Wastes that are TC for 2,4,6- 2,4,6-Trichlorophenol........... 88-06-2 0.035 7.4
Trichlorophenol based on the TCLP in
SW846 Method 1311 and that are managed in
CWA, CWA equivalent, or Class I SDWA
systems.
D043................ Wastes that are TC for Vinyl chloride Vinyl chloride.................. 75-01-4 0.27 6.0
based on the TCLP in SW846 Method 1311 and meet Sec. and meet Sec.
and that are managed in non-CWA/non-CWA 268.48 standards 268.48 standards
equivalent/non-Class I SDWA systems only.
Wastes that are TC for Vinyl chloride Vinyl chloride.................. 75-01-4 0.27 6.0
based on the TCLP in SW846 Method 1311
and that are managed in CWA, CWA
equivalent, or Class I SDWA systems.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes to table:
\1\ The waste descriptions provided in this table do not replace waste descriptions in 40 CFR part 261. Descriptions of Treatment/Regulatory
Subcategories are provided, as needed, to distinguish between applicability of different standards.
\2\ CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical with it's salts
and/or esters, the CAS number if given for the parent compound only.
\3\ Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.
\4\ All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detail in 40 CFR 268.42 Table 1--
Technology Codes and Descriptions of Technology-Based Standards.
\5\ Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration were
established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR Part 264, Subpart O, or based
upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may comply with these treatment
standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis of grab samples.
* * * * * *
\7\ Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or 9012, found in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods'', EPA Publication SW-846, as incorporated by reference in 40 CFR 260.11, with a sample size of 10
grams and distillation time of one hour and 15 minutes.
[FR Doc. 96-8249 Filed 4-5-96; 8:45 am]
BILLING CODE 6560-50-P
