[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Rules and Regulations]
[Pages 242-302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32118]
[[Page 241]]
_______________________________________________________________________
Part V
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 268
_______________________________________________________________________
Land Disposal Restrictions Phase II--Universal Treatment Standards, and
Treatment Standards for Organic Toxicity Characteristic Wastes and
Newly Listed Wastes; Final Rule
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules
and Regulations
[[Page 242]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 268
[FRL-5129-2]
Land Disposal Restrictions Phase II--Universal Treatment
Standards, and Treatment Standards for Organic Toxicity Characteristic
Wastes and Newly Listed Wastes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendments.
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SUMMARY: On September 19, 1994, EPA published regulations promulgating
congressionally-mandated prohibitions on land disposal of certain
hazardous wastes. This notice corrects errors and clarifies the
language in the preamble and regulation of the September 19, 1994 final
rule.
EFFECTIVE DATE: This rule is effective on December 19, 1994.
ADDRESSES: Copies of the rule can be obtained from the RCRA Docket
(5305), U.S. Environmental Protection Agency, Room 2616, 401 M Street,
S.W., Washington, D.C. 20460. The RCRA Docket is open from 9:00 am to
4:00 pm Monday through Friday, except for federal holidays. The public
must make an appointment to review docket materials by calling (202)
260-9327. The public may copy a maximum of 100 pages from any
regulatory document at no cost. Additional copies cost $0.15 per page.
FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at (800) 424-9346 (toll free) or (703) 920-9810 in the
Washington, DC metropolitan area. For technical information contact
Doug Heimlich (5302W), Office of Solid Waste, 401 M Street, S.W.,
Washington, DC 20460, (703) 308-8489.
SUPPLEMENTARY INFORMATION:
I. Reasons and Basis for Today's Amendment
II. Amendments to the Phase II Final Rule
A. Section 268.2
B. Section 268.7
C. Section 268.9
D. Section 268.40
E. Section 268.42
F. Section 268.48
G. Appendix X to Part 268
III. Clarification of Issues
A. State Authority Policy for Universal Treatment Standards
B. Flowchart Clarification
IV. Rationale for Immediate Effective Date
V. Regulatory Impact Analysis
I. Reasons and Basis for Today's Amendment
The Agency has received comments from the regulated community and
State agencies requesting clarification on certain aspects of the
September 19, 1994 Phase II final rule (59 FR 47982). Today's amendment
responds to these comments.
II. Amendments to the Phase II Final Rule
A. Section 268.2
Like zinc, vanadium is not considered to be an ``underlying
hazardous constituent'' in characteristic wastes. In the definition of
underlying hazardous constituent at 268.2(i), vanadium was
inadvertently left out as an exception to the definition. It is being
placed as an exception in the definition at 268.2(i) in today's
amendment.
B. Section 268.7
In the preamble of the Phase II final rule, EPA stated that, as a
simplifying measure, it was amending the LDR notification requirements
to minimize the amount of information that must be placed on the LDR
notification in certain circumstances (see 59 FR 48004). Prior to
promulgation of the Phase II rule, the hazardous constituents in F001-
F005 spent solvents, F039, wastes subject to the California list
provisions of Sec. 268.32 or RCRA section 3004(d), and underlying
hazardous constituents in certain characteristic wastes had to be
listed on the LDR notification. In Phase II, this language was changed
so that if the generator/treater monitors for all the hazardous
constituents in F001-F005 spent solvents, F039, and underlying
hazardous constituents in certain characteristic wastes, then there
would be no need to list any of the constituents on the LDR
notification. If, however, the generator/treater is monitoring for a
subset of these constituents, the subset of constituents in the waste
(or, in the case of underlying hazardous constituents in certain
characteristic wastes, the ones reasonably expected to be present at
point of generation) would be required to be listed on the LDR
notification. In making this change, EPA inadvertently left out
language in Secs. 268.7(a)(1)(ii), 268.7(a)(2)(i)(B), and
268.7(b)(4)(ii) applying this provision to California list wastes
prohibited pursuant to Sec. 268.32 or RCRA section 3004(d). A reference
to these California list wastes is therefore being added to the
sections mentioned above in today's amendment.
An error was also found in Sec. 268.7(a)(1). In this section, EPA
explained that before the Phase II final rule a generator managing a
restricted waste that did not meet the applicable treatment standards
set forth in Subpart D of Part 268, or exceeds the prohibition levels
set forth in Sec. 268.32 or RCRA section 3004(d), was required, with
each shipment of waste, to notify the treatment or storage facility in
writing of the appropriate treatment standards set forth in Subpart D
of this part and any applicable prohibition levels set forth in
Sec. 268.32 or RCRA section 3004(d).
As explained on page 48004 of the Phase II preamble, EPA dropped
the requirement to include the treatment standard or the reference to
the treatment standard on the LDR notification. EPA overlooked the
regulatory language above (in italics) when modifications were made in
the Phase II rule. Thus it is being removed in this technical
amendment. The statement is changed to read, ``* * * notify the
treatment or storage facility in writing.''
Another error was made in Sec. 268.7(a)(1). Paragraph (v) should
have been redesignated as paragraph (vi), and a new paragraph (v)
added. Although paragraph (v) was revised with the new language, the
existing language that should have been included in paragraph (vi) was
inadvertently deleted. Paragraph (vi), with the language that appeared
as paragraph (v) before the Phase II rule, is being added in today's
amendments. Also, in order for the new paragraph to read properly,
paragraph (iv) was changed to delete the final word ``and,'' and
paragraph (v) was changed to add the word ``and'' at the end.
The same error described in the previous paragraph was also made in
Sec. 268.7(a)(3): paragraph (vi) should have been redesignated as
paragraph (vii), and a new paragraph (vi) added. Paragraph (vii), with
the language that appeared as paragraph (vi) before the Phase II rule,
is being reinserted today. Also, paragraph (a)(3)(vi) is being revised
today because it had been merely reproduced (incorrectly) from
paragraph (a)(1)(v).
In addition, in Sec. 268.7(a)(8), EPA modified the alternative
treatment standards for lab packs from identifying the wastes that can
be included in lab packs to specifying those wastes that are prohibited
from being placed in lab packs. EPA made this change in order to
simplify and clarify this provision. The certification language
required under this section is being changed in this technical
amendment to say that the lab pack ``contains only wastes which have
not been excluded under appendix IV to 40 CFR part 268.'' The
certification language that reads ``or solid wastes not
[[Page 243]] subject to regulation under 40 CFR part 261'' is being
removed and is no longer considered necessary, because the regulated
community has in appendix IV a list of wastes that are prohibited from
placement in a lab pack. The Agency believes that deleting this
statement is not a substantive change, but rather alleviates
unnecessary language.
Finally, in the introductory paragraph of Sec. 268.7(d) and in
Sec. 268.7(d)(1), generators or treaters who claim an exemption for
hazardous debris from the definition of hazardous waste under
Sec. 261.3(e) are subject to notification and certification
requirements that, previously, were to be submitted to the ``Director
or authorized State.'' EPA recognizes that this designation is vague,
and is specifying in today's amendment that the notification and
certification requirements of Sec. 268.7(d) be submitted to the
Regional Administrator (or his designated representative) or State
authorized to implement Part 268 requirements, and in Sec. 268.7(d)(1)
to be submitted to the EPA Regional hazardous waste management division
director (or his designated representative) or State authorized to
implement part 268 requirements.
C. Section 268.9
A typesetting error was made in Sec. 268.9(a), which repeated
language that already was in the paragraph. The paragraph is located in
the middle column of 59 FR 48045, starting with, If the generator
determines that his waste displays the characteristic of ignitability *
* * and finishes with, as specified in paragraph (b) of this section.
This redundant portion of the paragraph is deleted in today's
amendment. Additionally, in section 268.9(d)(2)(i), it states that in
treating wastes that exhibit a characteristic, the underlying hazardous
constituents must also be treated, and if not, the certification in
Sec. 268.7(b)(5)(v) applies. There is no section 268.7(b)(5)(v), and
instead the intent was to reference the certification under section
268.7(b)(5)(iv). The erroneous reference is changed in today's
amendment.
D. Section 268.40
EPA established that for certain characteristic wastes managed in
non-Clean Water Act (CWA) wastewater treatment systems, non-CWA-
equivalent systems, or non-Class I injection wells, the underlying
hazardous constituents reasonably expected to be present in the waste
at point of generation should be treated as well as the hazardous
characteristic. For D018-D043, characteristic wastes, this applies to
both wastewaters and nonwastewaters. While in the consolidated
treatment table in Sec. 268.40 it is noted that the D018-D043
nonwastewaters need to meet Sec. 268.48 standards, this is not
indicated for the wastewaters. The corrected table will include the
requirements for wastewaters that are managed in non-CWA wastewater
treatment systems, non-CWA-equivalent systems, or non-Class I deep
injection wells.
An improvement in the Phase II final rule was the simplification of
two equivalent technology-specific combustion standards in: Table 1--
Technology Codes and Description of Technology-Based Standards in 40
CFR 268.42. The Agency consolidated the descriptions of INCIN
(incineration) and FSUBS (fuel substitution), by combining them into
one term, CMBST (combustion). In prior rulemakings, the treatment
standard for both wastewaters and nonwastewaters of Acetaldehyde (U001)
was listed as ``FSUBS or INCIN;'' In the Phase II final rule, a
typographical error left out ``FSUBS'' and only listed the treatment
standard, ``INCIN.'' The treatment standard for U001 is thus changed
from ``FSUBS or INCIN'' to ``CMBST.''
The following changes are also made:
For Ethyl acetate, under F001, F002, F003, F004, and F005,
the CAS number is corrected to read, ``141-78-6;''
For Tetrachloroethylene under K043, the CAS number is
corrected to read, ``127-18-4;''
For Diphenylamine under K022 and K083, the CAS number is
corrected to read, ``122-39-4;''
For bis(2-Chloroisopropyl)ether under U027, the CAS number
is corrected to read, ``39638-32-9.''
For Phthalic anhydride under K023, K024, K093, K094, and
U190, it is clarified that Phthalic anhydride is measured as
``Terephthalic acid,'' or ``Phthalic acid,'' which are synonymous terms
for the same substance.
These changes are all made in the consolidated treatment table in
section 268.40 in today's amendment.
E. Section 268.42
The definition of combustion (CMBST), as stated in Sec. 268.42
Table 1, is: ``combustion in incinerators, boilers, or industrial
furnaces operated in accordance with the applicable requirements of 40
CFR part 264 subpart O, and part 266, subpart H.'' The definition
inadvertently deleted the management of hazardous waste during the
period of interim status, covered in part 265, subpart O. At 59 FR
48003, EPA affirmed that combining INCIN (incineration) and FSUBS (fuel
substitution) into one term, CMBST (combustion) made no substantive
change to the promulgated standards, and, therefore, did not require
notice and comment. The Agency's leaving out part 265, subpart O in the
definition of CMBST (combustion), therefore, was an oversight that is
being corrected in today's amendment. Furthermore, the parenthetical
statement on page 48002 about part 265 interim status standards was not
intended to be in the preamble, and should be disregarded.
F. Section 268.48
In the table of Universal Treatment Standards, it was footnoted
that zinc was not considered an ``underlying hazardous constituent'' in
characteristic wastes, according to the definition at 268.2(i).
Vanadium also is not considered an underlying hazardous constituent in
characteristic wastes, and thus, is appropriately footnoted in this
table in today's amendment.
G. Appendix X to Part 268
As was mentioned in the amendment for 268.7(a)(8), EPA modified the
alternative treatment standards for lab packs from identifying the
wastes that can be included in lab packs to specifying those wastes
that are prohibited from being placed in lab packs. As explained
earlier in this rule, the language of the Sec. 268.7(a)(8)
certification is being changed in today's rule. Appendix X is also
being changed to include the revised certification language for the
convenience of the reader.
III. Clarifications
A. Clarification of State Authority Policy for UTS
The Universal Treatment Standards (UTS) were promulgated in the
Phase II final rule pursuant to HSWA authority. In most cases UTS are
the same levels as the previous LDR treatment standards, while about
forty percent of the levels went up or down. In most of these cases,
the change in the limits actually reflect adjustments in the limits of
analytical detection, thus actual treatment will likely continue to
destroy or remove organics to nondetectable levels. Even in those cases
where the level has changed, the technology basis of the treatment
standard has not. Therefore the changes to the treatment standards
should not be viewed as more or less stringent.
Concern has been raised regarding how the UTS should apply in
States authorized for the LDRs; specifically, what treatment standards
must be met [[Page 244]] by a facility located in a LDR-authorized
State: the Phase II UTS levels, or the treatment standards in a State's
authorized RCRA program? An additional concern is whether the
authorized States would lose their ability to implement their LDR
treatment standards if they were superseded by the UTS.
A memorandum from Michael Shapiro, Director of the Office of Solid
Waste, to the EPA Regional Waste Management Division Directors,
announced that the new UTS are neither more nor less stringent than the
previous standards. Therefore, the new standards do not supersede
existing standards in States authorized. States authorized for the LDRs
for some or all waste streams would continue to implement the treatment
standards for the streams for which they are authorized. The new UTS do
not apply, for those waste streams, until the State has incorporated
them into State law. EPA strongly urges States to implement the new UTS
standards as soon as possible, both for simplicity of implementation
and national consistency. In any case, State law (as interpreted by the
State) would determine which standards applied. This approach would
avoid the dual regulatory problem which would occur during the time
before new HSWA requirements are adopted and authorized in the State.
EPA has a strong interest in uniformity and consistency of
regulations and believes that the improvements in the UTS meet these
objectives. Thus, States are encouraged to adopt and apply for
authorization of the Phase II LDR rule. States that are currently
authorized for portions of the LDRs may submit an abbreviated
authorization revision application for the UTS. Details about what
would be required for this abbreviated authorization are in the
memorandum, which can be obtained by calling the RCRA docket.
It should be noted that the Agency, generally, is not relinquishing
its statutory responsibility to implement significant new HSWA rules in
States as soon as the rules become effective. The new approach set out
in the memorandum is reserved only for areas of the hazardous waste
program already authorized and regulated by the States, not new areas
of the HSWA regulations. For example, the Phase II rule established
treatment standards for several newly listed wastes; these new
requirements are immediately effective in the States and will be
enforced by EPA.
B. Flowchart Clarification
EPA is clarifying in today's amendment the Phase II flowchart
entitled, ``Implementation of Key Phase II LDRs,'' at 59 FR 48018. The
second block from the bottom left poses the question, ``Is the waste a
mixture of a newly identified TC organic waste (D012-43) with a
prohibited listed waste . . .'' This language is not correct and should
read in full: ``Is the waste a prohibited listed waste, or one of the
newly listed Phase II wastes, that also exhibits an organic toxicity
characteristic?''
Another clarification is being made on page 48021, in the first
diamond. Questions have been raised as to whether the ``constituents''
mentioned there include underlying hazardous constituents. No,
``constituents'' does not include UHCs. The wording inside the diamond
should say ``Does the treatment standard for the listed waste include
the treatment standard for the constituent that causes the waste to
exhibit the characteristic?''
C. Telephone Number Correction
At 59 FR 47983, Richard Kinch's name appeared as an EPA contact for
``other information'' about the Phase II final rule. The phone number
provided in the Phase II rule, (703) 308-8414, is incorrect; Mr.
Kinch's telephone number is (703) 308-8434.
IV. Rationale for Immediate Effective Date
Today's notice does not create any new regulatory requirements;
rather, it restates and clarifies requirements already in effect by
correcting a number of errors in the September 19, 1994 final rule (59
FR 47982). For these reasons, EPA finds that good cause exists under
section 3010(b)(3) of RCRA, 42 U.S.C. 9903(b)(3), to provide for an
immediate effective date. In addition, there already was full
opportunity to comment on all of these issues during the rulemaking so
that further comment is unnecessary. For the same reasons, EPA finds
that there is good cause under 5 U.S.C. 553(b)(3) to promulgate today's
corrections in final form and that there is good cause under 5 U.S.C.
553(b)(3) to waive the requirement that regulations be published at
least 30 days before they become effective. Finally, EPA notes that
although it is not withdrawing any existing regulatory language, all of
today's revisions operate prospectively.
V. Executive Order 12866
Under Executive Order 12866, EPA must judge whether a regulation is
``significant'' and, therefore, subject to review under the Executive
Order. Due to the nature of this regulation (technical correction), it
is not ``significant''; therefore, no Executive Order 12866 review is
required.
List of Subjects in 40 CFR Part 268
Environmental protection, Hazardous waste, Reporting and
recordkeeping requirements.
Dated: December 16, 1994.
Peter Roberts,
Acting Assistant Administrator for Solid Waste and Emergency Response.
For the reasons set out in the preamble, title 40 chapter I of the
Code of Federal Regulations is amended to read as follows:
PART 268--LAND DISPOSAL RESTRICTIONS
1. The authority citation for part 268 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
Subpart A--General
2. In Sec. 268.2, paragraph (i) is revised to read as follows:
Sec. 268.2 Definitions applicable in this part.
* * * * *
(i) Underlying hazardous constituent means any constituent listed
in Sec. 268.48, Table UTS--Universal Treatment Standards, except
vanadium and zinc, which can reasonably be expected to be present at
the point of generation of the hazardous waste, at a concentration
above the constituent-specific UTS treatment standards.
3. Section 268.7 is amended by revising the introductory text of
paragraphs (a)(1) and (d); revising paragraphs (a)(1)(ii); (a)(1)(iv),
(a)(1)(v), (a)(2)(i)(B); (a)(3)(vi); (a)(8); (b)(4)(ii); and (d)(1);
and by adding paragraphs (a)(1)(vi) and (a)(3)(vii) to read as follows:
Sec. 268.7 Waste analysis and recordkeeping.
(a) * * *
(1) If a generator determines that he is managing a restricted
waste under this part and the waste does not meet the applicable
treatment standards set forth in subpart D of this part or it exceeds
the applicable prohibition levels set forth in Sec. 268.32 or RCRA
section 3004(d), with each shipment of waste the generator must notify
the treatment or storage facility in writing. The notice must include
the following information:
* * * * *
(ii) The waste constituents that the treater will monitor, if
monitoring will not include all regulated constituents,
[[Page 245]] for wastes F001-F005, F039, D001, D002, D012-D043 and in
Sec. 268.32 or RCRA section 3004(d). Generators must also include
whether the waste is a nonwastewater or wastewater (as defined in
Sec. 268.2 (d) and (f)), and indicate the subcategory of the waste
(such as ``D003 reactive cyanide''), if applicable;
* * * * *
(iv) For hazardous debris, the contaminants subject to treatment as
provided by Sec. 268.45(b) and the following statement: ``This
hazardous debris is subject to the alternative treatment standards of
40 CFR 268.45;''
(v) The waste analysis data, where available; and,
(vi) The date the waste is subject to the prohibitions.
(2) * * *
(i) * * *
(B) The waste constituents that the treater will monitor, if
monitoring will not include all regulated constituents, for wastes
F001-F005, F039, D001, D002, D012-D043 and Sec. 268.32 or RCRA section
3004(d). Generators must also include whether the waste is a
nonwastewater or wastewater (as defined in Sec. 268.2 (d) and (f)), and
indicate the subcategory of the waste (such as ``D003 reactive
cyanide''), if applicable;
* * * * *
(3) * * *
(vi) For hazardous debris when using the treatment standards for
the contaminating waste(s) in Sec. 268.40: the requirements described
in paragraphs (a)(3) (i), (ii), (iii), (iv), and (vii) of this section;
and,
(vii) The date the waste is subject to the prohibitions.
* * * * *
(8) If a generator is managing a lab pack that contains none of the
wastes specified in appendix IV of part 268, and wishes to use the
alternative treatment standard under Sec. 268.42(c), with each shipment
of waste the generator must submit a notice to the treatment facility
in accordance with paragraph (a)(1) of this section, except that
underlying hazardous constituents need not be determined. The generator
must also comply with the requirements in paragraphs (a)(5) and (a)(6)
of this section and must submit the following certification, which must
be signed by an authorized representative:
I certify under penalty of law that I personally have examined
and am familiar with the waste and that the lab pack does not
contain any wastes identified at Appendix IV to part 268. I am aware
that there are significant penalties for submitting a false
certification including possibility of fine or imprisonment.
* * * * *
(b) * * *
(4) * * *
(ii) The waste constituents to be monitored, if monitoring will not
include all regulated constituents, for wastes F001-F005, F039, D001,
D002, D012-D043 and in Sec. 268.32 or RCRA section 3004(d). Generators
must also include whether the waste is a nonwastewater or wastewater
(as defined in Sec. 268.2 (d) and (f), and indicate the subcategory of
the waste (such as D003 reactive cyanide), if applicable.
* * * * *
(d) Generators or treaters who first claim that hazardous debris is
excluded from the definition of hazardous waste under Sec. 261.3(e) of
this chapter (i.e., debris treated by an extraction or destruction
technology provided by Table 1, Sec. 268.45, and debris that the EPA
Regional Administrator (or his designated representative) or State
authorized to implement part 268 requirements has determined does not
contain hazardous waste) are subject to the following notification and
certification requirements:
(1) A one-time notification, including the following information,
must be submitted to the EPA Regional hazardous waste management
division director (or his designated representative) or State
authorized to implement part 268 requirements, or State authorized to
implement part 268 requirements:
* * * * *
4. Section 268.9 is amended by revising paragraph (a) and paragraph
(d)(2)(i) to read as follows:
Sec. 268.9 Special rules regarding wastes that exhibit a
characteristic.
(a) The initial generator of a solid waste must determine each EPA
Hazardous Waste Number (waste code) applicable to the waste in order to
determine the applicable treatment standards under subpart D of this
part. For purposes of part 268, the waste will carry the waste code for
any applicable listing under 40 CFR 261, subpart D. In addition, the
waste will carry one or more of the waste codes under 40 CFR 261,
subpart C, where the waste exhibits a characteristic, except in the
case when the treatment standard for the waste listed in part 261,
subpart D operates in lieu of the treatment standard for the waste
under part 261, subpart C, as specified in paragraph (b) of this
section. If the generator determines that his waste displays the
characteristic of ignitability (D001) (and is not in the High TOC
Ignitable Liquids Subcategory or is not treated by CMBST, or RORGS), or
the characteristic of corrosivity (D002), and is prohibited under
Sec. 268.37; or that his waste displays the characteristic of toxicity
(D012-D043), and is prohibited under Sec. 268.38, the generator must
determine the underlying hazardous constituents (as defined in
Sec. 268.2), in the D001, D002, or D012-D043 wastes.
* * * * *
(d) * * *
(2) * * *
(i) If treatment removes the characteristic but does not treat
underlying hazardous constituents, then the certification found in
Sec. 268.7(b)(5)(iv) applies.
* * * * *
Subpart D--Treatment Standards
5. Section 268.40 is amended by revising the table ``Treatment
Standards for Hazardous Wastes'' to read as follows:
Sec. 268.40 Applicability of Treatment Standards.
* * * * *
BILLING CODE 6560-50-P
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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 is given for
the parent compound only.
\3\ Concentration standards for wastewaters are expressed in mg/
l 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
part 268.42, Table 1--Technology Codes and Descriptions of
Technology-Based Standards.
\5\ Except for Metals (EP or TCLP) and Cyanides (Total and
Amenable) the nonwastewater treatment standards expressed as a
concentration were established, in part, based upon incineration in
units operated in accordance with the technical requirements of 40
CFR part 264, subpart O, or part 265, subpart O, or based upon
combustion in fuel substitution units operating in accordance with
applicable technical requirements. A facility may comply with these
treatment standards according to provisions in 40 CFR 268.40(d). All
concentration standards for nonwastewaters are based on analysis of
grab samples.
\6\ Where an alternate treatment standard or set of alternate
standards has been indicated, a facility may comply with this
alternate standard, but only for the Treatment/Regulatory
Subcategory or physical form (i.e., wastewater and/or nonwastewater)
specified for that alternate standard.
\7\ Both Cyanides (Total) and Cyanides (Amenable) for
nonwastewaters are to be analyzed using Method 9010 or 9012, found
in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods'', EPA Publication SW-846, as incorporated by reference in
40 CFR 260.11, with a sample size of 10 grams and a distillation
time of one hour and 15 minutes.
Note: NA means not applicable.
* * * * *
6. Section 268.42 is amended by revising the entry, ``CMBST'' in
Table 1 to read as follows:
Sec. 268.42 Treatment standards expressed as specified technologies.
* * * * *
Table 1.--Technology Codes and Description of Technology-Based Standards
------------------------------------------------------------------------
Technology
code Description of technology-based standards
------------------------------------------------------------------------
* * * * *
CMBST Combustion in incinerators, boilers, or industrial
furnaces operated in accordance with the applicable
requirements of 40 CFR part 264, subpart O; 40 CFR part
265, subpart O; or 40 CFR part 266, subpart H.
* * * * *
------------------------------------------------------------------------
* * * * *
7. Section 268.48 is amended by adding footnote 5 to the entry for
Vanadium and revising the footnote to read as follows:
Sec. 268.48 Universal Treatment Standards.
* * * * *
Sec. 268.48 Table UTS--Universal Treatment Standards
* * * * *
\5\ Vanadium and zinc are not ``underlying hazardous
constituents'' in characteristic wastes, according to the definition
at 268.2(i).
Note: NA means not applicable.
8. Appendix X to part 268 is amended by revising Certification
Statement B to read as follows:
Appendix X to Part 268--Recordkeeping, Notification, and/or
Certification Requirements.
* * * * *
Certification Statements
* * * * *
B. I certify under penalty of law that I personally have examined
and am familiar with the waste and that the lab pack does not contain
any wastes identified at Appendix IV to part 268. I am aware that there
are significant penalties for submitting a false certification
including possibility of fine or imprisonment.
* * * * *
[FR Doc. 94-32118 Filed 12-30-94; 8:45 am]
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