95-4746. Land Disposal RestrictionsPhase III: Decharacterized Wastewaters, Carbamate and Organobromine Wastes, and Spent Potliners

[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Proposed Rules]
[Pages 11702-11766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4746]




[[Page 11701]]

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Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 148 et al.



Land Disposal Restrictions--Phase III: Decharacterized Wastewaters, 
Carbamate and Organobromine Wastes, and Spent Potliners; Proposed Rule

Federal Register / Vol. 60, No. 41 / Thursday, March 2, 1995 / 
Proposed Rules 
[[Page 11702]] 

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 148, 266, 268 and 271

[EPA #530-2-95-002, 6 FRL 5160-7]
 RIN 2050-AD38


Land Disposal Restrictions--Phase III: Decharacterized 
Wastewaters, Carbamate and Organobromine Wastes, and Spent Potliners

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Today, the Agency is proposing treatment standards for certain 
hazardous wastes--namely, wastes from the production of carbamate 
pesticides, organobromine flame-retardants, and aluminum--under its 
Land Disposal Restrictions (LDR) program. The purpose of the LDR 
program, authorized by the Resource Conservation and Recovery Act 
(RCRA), is to minimize short and long-term threats to human health and 
the environment from exposure to hazardous chemical constituents. The 
treatment standards for these wastes will minimize threats from 
exposure to hazardous constituents which may potentially leach from 
landfills to groundwater.
    The Agency is also proposing to revise the treatment standards for 
other wastes which are hazardous because they display the 
characteristic of ignitability, corrosivity, reactivity, or toxicity. 
These wastes, known as ``characteristic'' hazardous wastes, are 
sometimes treated in lagoons which are regulated under the Clean Water 
Act, and sometimes injected into deepwells which are regulated under 
the Safe Drinking Water Act. Currently, these wastes are no longer 
regulated under RCRA once the characteristic property is removed. 
Today's revised treatment standards require treatment, not only to 
remove the characteristic, but also to treat any underlying hazardous 
constituents which may be present in the wastes, even though they are 
not what causes the characteristic property (i.e., a corrosive waste 
could have underlying hazardous constituents that, although not 
corrosive, are nevertheless toxic to human health). Therefore, these 
revised treatment standards will minimize threats from exposure to 
hazardous constituents which may potentially migrate from these lagoons 
or wells.
    Finally, EPA is proposing today to forbid the use of hazardous 
wastes to fill in holes in the ground. EPA proposes that this practice 
is illegal disposal of hazardous wastes. EPA is also proposing to add 
to the regulations an existing policy which states that hazardous 
wastes which are predominantly metal should not be burned.

DATES: Comments on this proposed rule must be submitted by May 1, 1995.

ADDRESSES: The public must send an original and two copies (and a 
voluntary copy on computer diskette) of their comments to: RCRA 
Information Center (5305), U.S. Environmental Protection Agency, 401 M 
Street, SW., Washington, DC 20460. Place the docket number F-95-PH3P-
FFFFF on your comments. The official record for the proposed rulemaking 
is located in the EPA RCRA Docket, U.S. Environmental Protection 
Agency, Room 2616, 401 M Street, SW., Washington, DC 20460. The RCRA 
Docket is open from 9 a.m. to 4 p.m. Monday through Friday, except for 
Federal holidays. The public must make an appointment to review docket 
materials by calling [phone]. The public may copy a maximum of 
100 pages from any regulatory document at no cost. Additional copies 
cost $0.15 per page. The mailing address is EPA RCRA Docket (5305), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460. For additional information on submitting computer diskettes 
please see the heading ``Paperless Office Effort'' in the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For general information on the LDR 
program, contact the RCRA Hotline at 800-424-9346 (toll-free) or 703-
412-9810 locally. For information on today's proposed rule, contact 
Peggy Vyas in the Office of Solid Waste, phone [phone]. For 
specific information on the treatment standards for carbamates and/or 
organobromine wastes, contact Shaun McGarvey at 703-308-8603; for 
specific information on the treatment standards for K088 wastes, 
contact Mary Cunningham at 703-308-8453; for specific information on 
the Universal Treatment Standards, contact Lisa Jones at 703-308-8451. 
For information on the capacity analyses, contact Les Otte at 703-308-
8440. For information on the regulatory impact analyses, contact Linda 
Martin at 202-260-2791.

SUPPLEMENTARY INFORMATION:

Paperless Office Effort

    EPA is asking prospective commenters to voluntarily submit one 
additional copy of their comments on labeled personal computer 
diskettes in ASCII (TEXT) format or a word processing format that can 
be converted to ASCII (TEXT). It is essential to specify on the disk 
label the word processing software and version/edition as well as the 
commenter's name. This will allow EPA to convert the comments into one 
of the word processing formats utilized by the Agency. Please use 
mailing envelopes designed to physically protect the submitted 
diskettes. EPA emphasizes that submission of comments on diskettes is 
not mandatory, nor will it result in any advantage or disadvantage to 
any commenter. Rather, EPA is experimenting with this procedure as an 
attempt to expedite our internal review and response to comments. This 
expedited procedure is in conjunction with the Agency ``Paperless 
Office Effort'' campaign. For further information on the submission of 
diskettes, contact the Waste Treatment Branch at 703-308-8434.

Glossary of Acronyms

BAT--Best Available Technology
BDAT--Best Demonstrated Available Technology
BIFs--Boilers and Industrial Furnaces
CAA--Clean Air Act
CWA--Clean Water Act
EP--Extraction Procedure
HON--Hazardous Organic NESHAPs
HSWA--Hazardous and Solid Waste Amendments
HWIR--Hazardous Waste Identification Rule
ICR--Ignitable, Corrosive, and Reactive wastes, or, Information 
Collection Request (in section XI.D.)
ICRT--Ignitable, Corrosive, Reactive, and TC Wastes
LDR--Land Disposal Restrictions
NESHAPs--National Emission Standards for Hazardous Air Pollutants
NPDES--National Pollutant Discharge Elimination System
POTW--Publically-Owned Treatment Works
PSES--Pretreatment Standards for Existing Sources
PSNS--Pretreatment Standards for New Sources
RCRA--Resource Conservation and Recovery Act
RIA--Regulatory Impact Analysis
SDWA--Safe Drinking Water Act
TC--Toxicity Characteristic
TCLP--Toxicity Characteristic Leaching Procedure
TRI--Toxic Release Inventory
UIC--Underground Injection Control
UTS--Universal Treatment Standards

Outline

I. Background
    A. Summary of the Statutory Requirements of the 1984 Hazardous 
and Solid Waste [[Page 11703]] Amendments, and Requirements of the 
1993 Proposed Consent Decree with the Environmental Defense Fund
    B. Summary of the D.C. Circuit's Opinion on the Third Third 
Standards for Ignitable, Corrosive, Reactive, and Toxic 
Characteristic Wastes and EPA's Implementation of the Opinion to 
Date
    1. Summary of the Third Third Standards
    2. The Court's Decision
    3. Options Prepared for the Notice of Data Availability
    4. Contents of the Interim Final Rule
    5. Regulation of Toxicity Characteristic (TC) Wastes in the LDR 
Phase II Rule
    6. Requirements of 1993 Settlement Agreement with CWM, et al.
II. EPA's Interpretation of the Third Third Opinion
    A. Statutory Language
    B. Legislative History
    C. Judicial Opinions
III. Integration of BDAT with Other Agency Actions
    A. Phase IV LDRs--Cross-Media Transfer and Equivalency Issues
    1. Cross-Media Implications
    2. Background of Equivalency Issues EPA is Considering for LDR 
Phase IV
    a. Sludges
    b. Leaking Surface Impoundments
    c. Air Emissions
    B. The Hazardous Waste Identification Rule (HWIR)
    C. Water Rules--the Pulp and Paper and Pharmaceutical Industries 
Rules
IV. End-Of-Pipe Treatment Standards
    A. EPA's General Approach to Setting Treatment Standards and its 
Relation to the End-of-Pipe Standards Proposed Today
    B. End-of-Pipe Treatment Standards for Clean Water Act and 
Equivalent Wastewater Treatment Systems
    1. CWA Standards and Limitations as RCRA Section 3004(m) 
Treatment Standards
    2. Implementation When CWA Standards and Limitations Will Be the 
Exclusive Standard
    a. Direct Dischargers
    b. Indirect Dischargers
    C. Treatment Standards for Class I Nonhazardous Injection Wells
    1. Introduction
    2. Compliance Options for Class I Nonhazardous UIC Wells
    3. Pollution Prevention Compliance Option
    4. De Minimis Volume Exclusion
    D. Point of Generation Discussion
    1. Introduction
    2. Background
    3. Similar Streams Generated by Similar Processes
    4. Streams From a Single Process
    5. ``Battery Limits''
    6. Another Approach on Which EPA Seeks Comment
    7. Situations Where Existing Point of Generation Determinations 
May Remain Appropriate
    a. Listed Wastes
    b. Prohibited Wastes Whose Treatment Standard is a Method of 
Treatment
    8. Implications Beyond LDR Rules
V. Discussion of the Potential Prohibition of Nonamenable Wastes 
from Land-Based Biological Treatment Systems
    A. Technical Overview
    B. Summary of the ETC's Position
    C. Summary of the CMA's Position
    D. Summary of EPA's Preliminary Response to CMA's and ETC's 
Technical Concerns
    1. Feed Limits
    2. Technical Concern
    3. Constituent Properties of Concern
    a. Water solubility
    b. TC Metals
    c. Toxicity
    F. Additional Issues
    1. List of Hazardous Constituents
    2. Biotreatment as BDAT
    3. Toxics Along for the Ride
    G. Treatment Standard for Wastes with a High Concentration of 
Organics
VI. Treatment Standards for Newly Listed Wastes
    A. Carbamates
    1. Proposed Treatment Standards
    2. Request for Comments
    B. Organobromines
    1. Proposed Treatment Standards for Organobromine Wastes
    2. Applicable Technology
    C. Aluminum Potliners (K088)
    1. Possible Determination of Inherently Waste-Like
    2. Overview of Today's Proposal
    a. Proposed Regulated Constituents
    b. Specific Companies Investigating K088 Recovery/Treatment 
Technologies
VII. Improvements to the Existing Land Disposal Restrictions Program
    A. Completion of Universal Treatment Standards
    1. Expansion to Cover All Components of Newly Listed Wastes 
(Carbamates and Organobromines)
    2. UTS Organic Constituents in Wastewater and Nonwastewater 
Forms
    a. Nonwastewaters
    b. Wastewaters
    3. Application to Listed Waste
    a. Wastewater-nonwastewater pairs
    b. Elimination of Redundant Methods of Treatment
    4. Revision to the Acetonitrile Standard
    a. The acetonitrile nonwastewater standard
    b. Revoking the special wastewater/nonwastewater definition for 
acrylonitrile wastes
    5. Aggressive Biological Treatment as BDAT for Petroleum 
Refinery Wastes
    B. Dilution Prohibition
    1. Dilution Prohibited as a Method of Treatment
    2. Permissible Dilution
    3. Cyanide-Bearing Wastes and Combustion
    4. Table of Inorganic Metal Bearing Wastes
    5. The Addition of Iron Dust to Stabilize Characteristic 
Hazardous Wastes: Potential Classification as Impermissible Dilution
    C. Expansion of Methods Requiring Incineration
    D. Clean Up of 40 CFR Part 268
    1. Section 268.8
    2. Sections 268.10--268.12
    3. Section 268.2(f)
VIII. Proposed Prohibition of Hazardous Waste as Fill Material
IX. Capacity Determinations
    A. Introduction
    B. Capacity Analysis Results Summary
    C. Requests for Comment
X. State Authority
    A. Applicability of Rules in Authorized States
    B. Effect on State Authorization
XI. Regulatory Requirements
    A. Regulatory Impact Analysis Pursuant to Executive Order 12866
    1. Methodology Section
    a. Methodology for Estimating the Affected Universe
    b. Cost Methodology
    c. Economic Impact Methodology
    d. Benefits Methodology
    2. Results
    a. Volume Results
    b. Cost Results
    c. Economic Impact Results
    d. Benefit Estimate Results
    B. Regulatory Impact Analysis for Underground Injected Wastes
    C. Regulatory Flexibility Analysis
    D. Paperwork Reduction Act

I. Background

A. Summary of the Statutory Requirements of the 1984 Hazardous and 
Solid Waste Amendments, and Requirements of the 1993 Proposed Consent 
Decree With the Environmental Defense Fund

    The Hazardous and Solid Waste Amendments (HSWA) to the Resource 
Conservation and Recovery Act (RCRA), enacted on November 8, 1984, 
largely prohibit the land disposal of untreated hazardous wastes. Once 
a hazardous waste is prohibited from land disposal, the statute 
provides only two options for legal land disposal: Meet the treatment 
standard for the waste prior to land disposal, or dispose of the waste 
in a land disposal unit that has been found to satisfy the statutory no 
migration test. A no migration unit is one from which there will be no 
migration of hazardous constituents for as long as the waste remains 
hazardous. RCRA sections 3004 (d), (e), (g)(5).
    EPA was required to promulgate land disposal prohibitions and 
treatment standards by May 8, 1990 for all wastes that were either 
listed or identified as hazardous at the time of the 1984 amendments 
(RCRA sections 3004(d), (e), and (g)), a task EPA completed within the 
statutory timeframes. EPA was also required to promulgate prohibitions 
and treatment standards for wastes identified or listed as hazardous 
after the date of the 1984 amendments within six months after the 
listing or identification takes effect (RCRA section 3004(g)(4)). 
[[Page 11704]] 
    The Agency did not meet this latter statutory deadline for all of 
the wastes identified or listed after the 1984 amendments. As a result, 
a suit was filed by the Environmental Defense Fund (EDF). EPA and EDF 
signed a consent decree that establishes a schedule for adopting 
prohibitions and treatment standards for newly identified and listed 
wastes. (EDF v. Reilly, Cir. No. 89-0598, D.D.C.) This proposed consent 
decree was modified as a result of the court decision on the Third 
Third final rule (Chemical Waste Management v. EPA, 976 F. 2d 2 (D.C. 
Cir. 1992), cert. denied 113 S. Ct. 1961 (1993); hereafter referred to 
as CWM v. EPA, or the Third Third opinion). Today's proposed rule 
fulfills several provisions of the proposed consent decree. The rule 
proposes land disposal restrictions for characteristic hazardous wastes 
managed in CWA and CWA-equivalent treatment systems, and injected into 
underground injection control (UIC) Class I nonhazardous injection 
wells regulated under the SDWA. Today's rule also proposes treatment 
standards for carbamate and organobromine wastes. The rule also 
proposes treatment standards for newly listed spent aluminum potliners 
(K088), which according to the proposed consent decree need not be 
proposed until June 30, 1995.

B. Summary of the D.C. Circuit's Opinion on the Third Third Standards 
for Ignitable, Corrosive, Reactive, and Toxic Characteristic Wastes and 
EPA's Implementation of the Opinion to Date

    Characteristic hazardous wastes that are treated or diluted such 
that they no longer exhibit the hazardous characteristic are no longer 
subject to RCRA Subtitle C management standards, and thus may be 
discharged into units that are not subject to the stringent RCRA 
Subtitle C standards, such as UIC wells. In CWM v. EPA, 976 F.2d 2 
(D.C. Cir. 1992), the U.S. Court of Appeals for the D.C. Circuit 
interpreted RCRA section 3004(m) as requiring treatment of underlying 
hazardous constituents in decharacterized hazardous wastes so as to 
minimize threats to human health and the environment. As yet, the 
Agency has not set minimize threat levels under RCRA and therefore must 
require treatment.
    However, the Agency has a process to set levels under the Hazardous 
Waste Identification Rule (HWIR). If risk-based minimize threat levels 
are established under HWIR, these levels would implement section 
3004(m) and consequently supersede the technology-based treatment 
standards presently utilized. See HWTC III, 886 F. 2d at 362-63. Wastes 
treated to these levels also would not be classified as hazardous 
wastes and consequently could be disposed in units not subject to 
subtitle C standards (e.g., landfills not receiving federal permits.) 
EPA has lodged a proposed consent decree with the U.S. District Court 
to propose the HWIR levels not later than August 15, 1995, and finalize 
by December 15, 1996. As was previously mentioned, the Agency entered 
into a consent decree setting out a schedule for fulfilling the court's 
mandate for the wastes addressed in today's rule. This consent decree 
requires the Agency to set treatment standards for these wastes before 
the HWIR rulemaking.
    That being said, the risks addressed by this rule, particularly UIC 
wells, are very small relative to the risks presented by other 
environmental conditions or situations. In a time of limited resources, 
common sense dictates that we deal with higher risk activities first, a 
principle on which EPA, members of the regulated community, and the 
public can all agree.
    Nevertheless, the Agency is required to set treatment standards for 
these relatively low risk wastes and disposal practices during the next 
two years, although there are other actions and projects with which the 
Agency could provide greater protection of human health and the 
environment. At the same time, however, EPA has sought to exercise the 
full extent of its authority under current law to develop innovative 
options designed to significantly lower the potential cost of these 
controls while ensuring protectiveness, such as giving credit for up-
stream reductions in hazardous constituents, and crafting limited 
exemptions for wastewaters containing de minimis amounts of hazardous 
constituents. Through the public comment process and further 
consultation with stakeholders, EPA expects to obtain guidance for any 
future action we may take.
    A detailed discussion of the Agency's interpretation of the opinion 
in CWM v. EPA is provided in the next section. For background 
information on the relevant portions of the Third Third final rule 
(i.e., the treatment standards promulgated for hazardous wastes 
exhibiting the characteristics of ignitability, corrosivity, 
reactivity, or Extraction Procedure (EP) toxicity), see 55 FR 22653-
22659 (June 1, 1990).
    The Agency's immediate response following issuance of the opinion 
can be found in the January 19, 1993 Supplemental Information Report to 
the Notice of Data Availability (58 FR 4972). This report sets out the 
Agency's options for complying with the court's decision. The options 
discussed in this report applied to reactive, as well as ignitable and 
corrosive wastes, since EPA knows of no inherent differences among 
these wastes with respect to propensity to contain hazardous 
constituents.
1. Summary of the Third Third Standards
    On May 8, 1990, EPA promulgated regulations addressing the last of 
five congressionally-mandated prohibitions on land disposal of 
hazardous wastes, which was the third one-third of the schedule of 
restricted hazardous wastes, referred to as the Third Third. Among 
other things, the Third Third final rule promulgated treatment 
standards and prohibition effective dates for hazardous wastes that 
exhibited one or more of the following characteristics: ignitability, 
corrosivity, reactivity, or EP toxicity (40 CFR 261.21-261.24). The 
Third Third rule established treatment standards for the characteristic 
wastes in one of four forms: (1) a concentration level equal to, or 
greater than, the characteristic level; (2) a concentration level less 
than the characteristic level; (3) a specified treatment technology 
(e.g., for ignitable wastes containing high levels of total organic 
carbon); and (4) a treatment standard of ``deactivation'' which allowed 
the use of any technology, including dilution, to remove the 
characteristic.
    The Agency also evaluated the applicability of certain provisions 
of the land disposal restrictions' framework with respect to 
characteristic wastes, including wastes regulated under the National 
Pollutant Discharge Elimination System (NPDES) or pretreatment programs 
under sections 402 and 307(b) of the CWA and the SDWA UIC programs to 
try to ensure successful integration of these programs with the 
regulations being promulgated under RCRA. See generally 55 FR 22653-59 
(June 1, 1990). Specifically, the Agency considered the appropriateness 
of the dilution prohibition for each of the characteristic waste 
streams, and the applicability of treatment standards expressed as 
specified methods.
    The Agency found, generally, that mixing waste streams to eliminate 
certain characteristics was appropriate and permissible for corrosive 
wastewaters, or in some cases, reactive or ignitable wastewaters. 
Furthermore, EPA stated that the dilution prohibition did not normally 
apply to characteristic wastewaters that are managed in treatment 
trains including surface impoundments whose ultimate 
[[Page 11705]] discharge is regulated under the pretreatment and NPDES 
programs under sections 307(b) and 402 of the CWA, or in Class I 
underground injection well systems regulated under the SDWA. The Agency 
stated that the treatment requirements and associated dilution rules 
under the CWA are generally consistent with the dilution rules under 
RCRA, and that the Agency should rely on the existing CWA provisions. 
The Agency also singled out certain particularly toxic wastewaters to 
which the dilution prohibition still applies notwithstanding management 
in CWA systems. 40 CFR 268.3(b). Similarly, EPA stated that a 
regulatory program had been established under the SDWA to prevent 
underground injection which endangers drinking water sources. Class I 
deep wells inject below the lowermost geologic formation containing an 
underground drinking water source and are subject to federal location, 
construction, and operation requirements. The Agency stated that 
application of the dilution rules to these wastes would not provide 
further protection to human health and the environment, and that 
disposal of these wastes by underground injection at the characteristic 
levels was as sound a practice as treating them.
2. The Court's Decision
    On September 25, 1992, the United States Court of Appeals for the 
District of Columbia Circuit ruled on the various petitions for review. 
The principal holdings of the case with respect to characteristic 
wastes are that: (1) EPA may require treatment under RCRA section 
3004(m) to more stringent levels than those at which wastes are 
identified as hazardous, 976 F. 2d at 12-14; (2) section 3004(m) 
requires that treatment standards address both short-term and long-term 
potential harms posed by hazardous wastes, and consequently must result 
in destruction and removal of hazardous constituents as well as removal 
of the characteristic property, id. at 16, 17, 23. As a consequence, 
dilution is permissible as an exclusive method of treatment only for 
those characteristic wastes that do not contain hazardous constituents 
``in sufficient concentrations to pose a threat to human health or the 
environment'' (i.e., the minimize threat level in section 3004(m)), id. 
at 16; and (3) situations where characteristic hazardous wastes are 
diluted, lose their characteristic(s) and are then managed in 
centralized wastewater management land disposal units (i.e., subtitle D 
surface impoundments or Class I nonhazardous injection wells) are legal 
only if it can be demonstrated that hazardous constituents are reduced 
or destroyed to the same extent they would be pursuant to otherwise 
applicable RCRA treatment standards, id. at 7.
    As a consequence of these holdings, the court held that the 
deactivation standard for ignitable and corrosive wastes did not fully 
comply with RCRA section 3004(m). This was because that standard could 
be achieved by dilution, and dilution fails to destroy or remove the 
hazardous constituents that can be present in the wastes. Id. (A more 
detailed analysis of the D.C. Circuit's Third Third opinion is found in 
section II of this notice.)
3. Options Prepared for the Notice of Data Availability
    On January 19, 1993, EPA published a Notice of Data Availability to 
solicit as many comments as possible on all issues in the court opinion 
(58 FR 4972). The Agency prepared a Supplemental Information Report 
that was distributed to the public that set out the Agency's options 
for complying with the court's decision. The options discussed in this 
report applied to reactive, as well as ignitable and corrosive wastes, 
since EPA knows of no inherent differences among these wastes with 
respect to propensity to contain hazardous constituents.
    The report included options for establishing treatment standards 
for the underlying hazardous constituents in ignitable, corrosive and 
reactive (ICR) wastes that would have to be met prior to land disposal 
(including disposal in UIC wells). (It should be noted that the Agency 
also believes that underlying hazardous constituents can be present in 
wastes displaying the toxicity characteristic.) Two approaches were set 
out, along with the Agency's views on possible advantages and 
disadvantages of each.
    Under approach one, the Agency discussed the possibility of 
adopting concentration limits for underlying hazardous constituents. 
Under approach two, the Agency discussed specifying required treatment 
technologies. The Agency discussed how these possible approaches might 
apply to ICR wastes that are not managed in CWA centralized wastewater 
treatment systems. Furthermore, the applicability of LDR treatment 
standards to CWA facilities, and possible implementation scenarios 
under the CWA, were also discussed.
    The Agency also discussed options for how to determine the 
equivalency of CWA treatment systems with treatment under RCRA. The 
``equivalency'' discussion included possible options for addressing air 
emissions, leaks, and sludges from CWA treatment surface impoundments. 
Also mentioned were other Agency efforts such as the Hazardous Organic 
NESHAPs (HON) (59 FR 19402, April 22, 1994) developed by the Office of 
Air. These options will be developed in a later LDR rulemaking, but are 
discussed here and elsewhere in this preamble in order to inform and 
gather comments from all potentially affected persons.
    Approximately 60 public comments were received in response to the 
Notice of Data Availability. Those that pertain to establishing 
treatment standards for characteristic waste managed in CWA, CWA-
equivalent, and Class I nonhazardous UIC wells have been considered as 
this proposed rule was developed.
4. Contents of the Interim Final Rule
    EPA issued an interim final rule on May 24, 1993 (58 FR 29860) to 
address those treatment standards that were vacated (as opposed to 
remanded) by the court. Today's rule proposes treatment standards for 
some of the portions of the rule that were remanded. The distinction 
between vacated and remanded rules is that vacated rules are no longer 
in effect after the court's mandate issues, whereas remanded rules 
remain in force until the Agency acts to replace them.
    The Agency's opinion at that time was that the rules dealing with 
centralized wastewater management involving land disposal 
(Secs. 268.1(c)(3) and 268.3(b)) were remanded, not vacated. (See 976 
F. 2d at 7, 19-26 where these rules are discussed and not expressly 
vacated.) This means that the only wastes to which the interim final 
rule applied were those ignitable and corrosive wastes for which the 
treatment standard was deactivation (since the deactivation standard 
for these wastes was vacated) and which were not managed in the types 
of centralized wastewater management systems covered by the remanded 
rules cited above.
    The Agency thus promulgated revised treatment standards for certain 
ignitable and corrosive wastes that are managed in systems other than 
those managed: (1) In centralized wastewater treatment systems subject 
to the CWA or in Class I underground injection wells subject to the 
SDWA UIC program; or, (2) by a zero discharger with a wastewater 
treatment system equivalent to that utilized by CWA dischargers prior 
to land disposal. The treatment standards retained the requirement of 
deactivation to remove the hazardous characteristic (see DEACT in Table 
1, 40 CFR 268.42); however, the rule also set numerical treatment 
standards for the underlying hazardous [[Page 11706]] constituents that 
could reasonably be expected to be present in the wastes. EPA also 
promulgated alternative treatment standards of incineration, fuel 
substitution, and recovery of organics for ignitable wastes. In 
addition, EPA established new precautionary measures to prevent 
emissions of volatile organic constituents or violent reactions during 
the process of diluting ignitable and reactive wastes.
5. Regulation of Toxicity Characteristic (TC) Wastes in the LDR Phase 
II Rule
    On March 29, 1990, EPA promulgated a rule that identified organic 
constituents (in addition to existing EP metals and pesticide 
constituents) and levels at which a waste is considered hazardous based 
on the characteristic of toxicity (55 FR 11798). Because these wastes 
were identified as hazardous after the enactment date of HSWA in 1984, 
they were ``newly identified wastes'' for purposes of the LDR program. 
Included are wastes identified with the codes D012 through D043 based 
on the Toxicity Characteristic Leaching Procedure (TCLP), i.e., TC 
wastes. In the LDR Phase II final rule (59 FR 47982, September 19, 
1994), EPA established treatment standards for each of these 
constituents if they are managed in systems other than those regulated 
under the CWA, those engaging in CWA-equivalent treatment prior to land 
disposal, and those injected into Class I deep injection wells 
regulated under the SDWA. In addition, because wastes exhibiting the TC 
can contain treatable levels of other hazardous constituents, EPA 
established treatment standards for the underlying hazardous 
constituents reasonably expected to be present in the waste. These 
rules are consistent with the Third Third opinion and adopt the same 
approach as the May 24, 1993 interim final rule.
    Furthermore, as part of a regulatory response to implement the 
court's ruling, EPA required in the LDR Phase II final rule that 
hazardous constituents in two types of characteristic wastes--high 
total organic carbon (TOC) ignitable liquids (D001) and halogenated 
pesticide wastes that exhibit the toxicity characteristic (D012-D017)--
be fully treated before those wastes are disposed into any Class I 
nonhazardous injection well that does not have a no-migration variance. 
See 59 FR at 48013. Therefore, these wastes can no longer be legally 
diluted to remove the characteristic and then be injected into Class I 
nonhazardous injection wells.
6. Requirements of 1993 Settlement Agreement With CWM, et al.
    This proposed rule continues to fulfill the requirements of the 
settlement agreement with the petitioners in CWM v. EPA. Today's rule 
proposes concentration-based treatment standards for the underlying 
hazardous constituents reasonably expected to be present in ignitable, 
corrosive, reactive and TC wastes managed in CWA and CWA-equivalent 
treatment systems, and injected into UIC Class I nonhazardous injection 
wells regulated under the SDWA. The settlement agreement calls for 
developing standards for ignitable and corrosive wastes only; however, 
the Agency believes that underlying hazardous constituents may also be 
present in reactive and toxic wastes, and is therefore proposing 
regulations for these wastestreams as well.
    Today's rule also complies with the settlement agreement by 
describing and discussing the following option for implementing the 
opinion: the identification of underlying hazardous constituents that 
are not amenable to treatment in certain CWA centralized treatment 
systems, and the subsequent prohibition on the introduction of such 
nonamenable wastes into such systems.

II. EPA's Interpretation of the Third Third Opinion

    EPA's action in this rulemaking is taken to implement key portions 
of the court's mandate in CWM v. EPA, the opinion vacating and 
remanding (among other things) EPA's rules allowing treatment standards 
for hazardous constituents in characteristic hazardous wastes to be 
achieved solely by diluting these constituents. EPA's initial view of 
the opinion is that it interprets the statute to require that hazardous 
constituents present in hazardous wastes at concentrations exceeding a 
minimize threat level to be treated so that they are destroyed, 
removed, or immobilized before the waste is land disposed. Some 
commenters to the May 24, 1993 interim final rule and the LDR Phase II 
proposed rule, however, have argued that dilution nevertheless can be 
utilized as the sole means of treating characteristic hazardous wastes, 
if dilution reduces hazardous constituent concentration levels to 
levels reflecting either performance of Best Demonstrated Available 
Technology (BDAT) or minimize threat levels. This argument is based 
largely on language in the court's opinion that treatment of hazardous 
constituents is required if, after dilution, hazardous constituents are 
present in concentrations sufficient to pose a threat to human health 
and the environment. See, e.g., 976 F. 2d at 7, 17, 18, 19-20, 23. Some 
commenters have added the further argument that section 3004(m) 
requires that treatment ``substantially reduce the toxicity of the 
waste'', which is accomplished when dilution lowers hazardous 
constituents to BDAT levels.
    If these arguments were accepted, it would mean that characteristic 
wastes could be disposed after dilution, without further treatment of 
hazardous constituents, provided sufficient dilution had occurred. 
Although this argument has been made chiefly by representatives of 
facilities engaged in underground injection, the argument is not 
limited to the injection context, or even to the context of 
characteristic wastes. Thus, if EPA accepted this argument, it would 
mean that any hazardous waste could be land disposed into any type of 
land disposal unit provided the waste was sufficiently diluted before 
land disposal, notwithstanding that the same volume of hazardous 
constituents as in the initial waste would be land disposed.
    EPA does not accept this interpretation of the court's opinion or 
of the statute. In the Agency's view, the statute and opinion are best 
interpreted by requiring hazardous constituents in hazardous wastes to 
be treated so that hazardous constituents are destroyed, removed, or 
immobilized before land disposal. The Agency's basis for this 
conclusion is set out below.

A. Statutory Language

    Section 3004(m)(1) requires EPA to establish, as a precondition to 
land disposal of hazardous waste, treatment standards ``which 
substantially diminish the toxicity of the waste or substantially 
reduce the likelihood of migration of hazardous constituents from the 
waste so that short-term and long-term threats to human health and the 
environment are minimized.'' Although the first prong of the test--
``substantially diminish the toxicity of the waste''--conceivably is 
satisfied by dilution,\1\ the treatment must not only diminish the 
waste's toxicity but also do so in a manner that minimizes short-term 
and long-term harms to human health and the environment.\2\ 
[[Page 11707]] Furthermore, although EPA has maintained that 
``minimization'' of threats does not necessarily require elimination of 
all possible hazards (see, e.g., 55 FR 6641 and n.1 (February 26, 
1990)), the phrase certainly requires something more substantial than 
merely diluting hazardous constituents.

    \1\If, for example, a wastewater starts out with cadmium 
concentrations exceeding 100 mg/l and is diluted so that cadmium is 
present at concentrations below the MCL of 0.1 mg/l, the toxicity of 
the waste has been diminished.
    \2\``Treatment is required not only for purposes of protecting 
against the short-term or acute risks associated with the land 
disposal of hazardous wastes, but more importantly focuses on the 
long-term hazards associated with migration of the wastes and 
subsequent contamination of ground or surface water.'' 130 Cong. 
Rec. S9178 (July 25, 1984) (Statement of Sen. Chaffee introducing 
the amendment that became section 3004(m))
---------------------------------------------------------------------------

    Allowing the waste's toxicity to be diminished solely by dilution 
also is at odds with RCRA's enumerated goals and policies. Congress 
prohibited land disposal of hazardous waste because of ``long-term 
uncertainties associated with land disposal'',\3\ and persistence, 
toxicity, mobility, and propensity to bioaccumulate'' of hazardous 
constituents in the waste. Sections 3004 (d)(1), (e)(1), (g)(5); 
Hazardous Waste Treatment Council v. EPA, 886 F. 2d 1355, 1362-63 (D.C. 
Cir. 1989), cert. denied 111 S. Ct. 139 (1990) (upholding technology-
based treatment standards due to the uncertainties inherent in 
determining when land disposal is protective). Land disposal of 
untreated hazardous waste is only allowed in ``protective'' land 
disposal units, defined as meaning units from which no hazardous 
constituents will migrate for as long as the waste remains hazardous--
to be demonstrated ``to a reasonable degree of certainty''. Sections 
3004 (d)(1), (e)(1), (g)(5). Allowing dilution of hazardous 
constituents fails to take account of these long-term uncertainties, 
propensity to bioaccumulate, and the like. As a result, it arguably 
fails to minimize long-term threats posed by the wastes.

    \3\See also section 1002(b)(7) which states that ``certain 
classes of land disposal facilities are not capable of assuring 
long-term containment of certain hazardous wastes, and to avoid 
substantial risk to human health and the environment, reliance on 
land disposal should be minimized or eliminated * * *.''.
---------------------------------------------------------------------------

    Another provision indicating that Congress did not intend for 
dilution to be a means of treating toxic hazardous wastes is section 
3004(h). Congress, in sections 3004(h) (2) and (3), authorized EPA to 
postpone LDR prohibition effective dates for up to two years (renewable 
for up to two additional years for individual facilities) if there is 
inadequate available treatment capacity for a particular waste. This 
provision would not have been necessary if dilution could be used as a 
means of treatment, since it would never take two years (or longer) for 
a facility to develop the means (i.e. adding dirt or water) of diluting 
wastes to meet a treatment standard.

B. Legislative History

    The legislative history states that dilution is not to be allowed 
as a means of treating hazardous constituents. See S. Rep. No. 284, 
98th Cong. 2d sess. 17, which states that ``(t)he dilution of wastes by 
the addition of other hazardous wastes or any other materials during 
waste handling, transportation, treatment, or storage is not an 
acceptable method of treatment to reduce the concentration of hazardous 
constituents. Only dilution which occurs as a normal part of the 
process that results in the waste can be taken into account in 
establishing concentration levels.''\4\ The House Report is similarly 
explicit.\5\ The Conference Report similarly states that ``the 
Conferees intend that through the vigorous implementation of the 
objectives of this Act, land disposal will be eliminated for many 
wastes and minimized for all others, and that advanced treatment, 
recycling, incineration and other hazardous waste control technologies 
should replace land disposal.'' H. Rep. No. 1133, 98th Cong. 2d sess. 
80.

    \4\The final sentence undoubtedly refers to situations where 
dilution occurs as part of the manufacturing process that generates 
the waste (see House Report quoted in the next footnote), not to 
dilution that occurs once the waste is generated.
    This legislative history was to a bill containing the 
predecessor provision to section 3004(m). The critical provision 
would have mandated treatment only of hazardous wastes containing 
significant concentrations of hazardous constituents, and required 
treatment to levels that would be ``protective'', defined as 
satisfying the no-migration test. EPA does not view these 
differences as being critically different from the enacted section 
3004(m), and so views the Senate legislative history as being 
relevant to ascertaining Congressional intent regarding dilution of 
hazardous constituents as a means of achieving treatment standards.
    \5\``The Committee intends that dilution to a concentration less 
than the specified thresholds by the addition of other hazardous 
waste or any other material during waste handling, transportation, 
treatment, or storage, other than dilution which occurs as a normal 
part of a manufacturing process, will not be allowed. Such hazardous 
waste would still be prohibited from land disposal.'' H. Rep. No. 
198, 98th Cong. 1st sess. 34; see also id. at 38 (``(t)he 
Administrator may also impose limitations on the use of waste 
dilution to avoid disposal restrictions. The late (sic) is 
particularly important where regulations are based on concentrations 
of hazardous constituents.'')
    The House Bill did not expressly require pretreatment before 
disposal, the scheme of the enacted law, but nevertheless 
illuminates Congressional intent not to allow dilution as a means of 
treating hazardous constituents.
---------------------------------------------------------------------------

    Other legislative history indicates that Congress intended for EPA 
to adopt technology-based treatment standards: ``The requisite levels 
o(r) methods of treatment established by the Agency should be the best 
that has (sic) been demonstrated to be achievable. This does not 
require a BAT-type process * * *. The intent here is to require 
utilization of available technology in lieu of continued land disposal 
without prior treatment.'' 130 Cong. Rec. S 9178 (daily ed. July 25, 
1984) (statement of Sen. Chaffee introducing the amendment that became 
section 3004(m)); see also 130 Cong. Rec. 20803 (1984 (statement of 
Sen. Moynihan on section 3004(m)): ``The requisite levels o(r) methods 
of treatment established by the Agency should be the best that has been 
demonstrated to be achievable.'' The legislative history also indicates 
that Congress intended treatment to result in destruction of total 
cyanide and organic hazardous constituents. 130 Cong. Rec. S 9178 
(statement of Sen. Chaffee). Dilution of hazardous constituents, of 
course, is not BDAT, and does not destroy or remove hazardous 
constituents.
    The legislative history consequently strongly supports reading 
section 3004(m) as not allowing dilution of hazardous constituents.

C. Judicial Opinions

    The D.C. Circuit's position in the Third Third opinion is 
potentially contradictory on this point. At points in the opinion, as 
noted above, this court states that dilution could satisfy section 
3004(m) requirements, perhaps even for hazardous constituents. 
Elsewhere, however, the court unequivocally stated that dilution does 
not satisfy section 3004(m) because hazardous constituents are not 
destroyed, removed, or immobilized:

    We wish to make explicit the impact of our holding * * *. First, 
where dilution to remove the characteristic meets the definition of 
treatment under section 3004(m)(1), nothing more is required. 
Second, where dilution removes the characteristic but does not 
``treat'' the waste by reducing the toxicity of hazardous 
constituents, then the decharacterized waste may be placed in a 
surface impoundment if and only if the resulting CWA treatment fully 
complies with RCRA section 3004(m)(l).

    In other words, the material that comes out of CWA treatment 
facilities that employ surface impoundments must remove the hazardous 
constituents to the same extent that any other treatment facility that 
complies with RCRA does. 976 F. 2d at 23. Dilution thus cannot be used 
as the sole means of treating hazardous constituents because it does 
not remove hazardous constituents from the waste. The court made this 
explicit in a footnote quantifying the above-quoted passage:

    To illustrate RCRA's focus on treatment of the hazardous 
constituents in a waste, consider a waste stream hazardous by 
characteristic for cadmium. Both the [[Page 11708]] characteristic 
and treatment levels for the hazardous waste are l.0 mg/l. Assume 
that a stream of 3.0 mg/l daily deposits 1000 liters into a 
treatment facility. A RCRA treatment facility would remove at least 
2000 mg of cadmium from the waste stream. A CWA must do the same--
although to do so it will have to process at least three times as 
much water (because dilution of 1000 liters of 3.0 mg/l to just 
below the characteristic level will yield just over 3000 liters). 
Allowing dilution alone would decharacterize the waste, but it would 
not reduce the total amount of cadmium entering the environment. 976 
F 2d at 23 n. 8.

    Applying this same standard to injection of decharacterized 
wastewaters into Class I nonhazardous injection wells, the court 
stated:

    (W)e hold that dilution followed by injection into a deep well 
is permissible only where dilution itself fully meets section 
3004(m)(l) standards or where the waste will subsequently meet 
section 3004(m)(l) standards. Because deep well injection is 
permanent land disposal, our holding in effect permits diluted 
decharacterized wastes to be deep well injected only when dilution 
meets the section 3004(m)(l) standard or where the deep well secures 
a no-migration variance. 976 F. 2d at 25. This means that ``any 
hazardous waste (must) be treated in such a way that hazardous 
constituents are removed from the waste before it enters the 
environment.'' 976 F. 2d at 24 (emphasis added). Since injection 
wells are disposal units and do not engage in treatment, they are 
incapable of satisfying this standard. Id. at 25.

    EPA believes that the thrust of the opinion is to require treatment 
of hazardous constituents before land disposal. The court's explicit 
and quantified insistence that treatment standards are to reduce mass 
loadings of hazardous constituents makes this clear. If the court 
intended to allow dilution as the sole means of treating hazardous 
constituents, it would at least have discussed how this squared with 
statutory language, goals and objectives, and legislative history. 
Thus, the Agency does not accept the commenters' reading of the 
opinion. Today's rule consequently proposes that prohibited, 
decharacterized wastes be treated so that underlying hazardous 
constituents are removed, destroyed, or immobilized before final 
disposal into the environment.

III. Integration of BDAT With Other Agency Actions

    As EPA makes decisions in this LDR Phase III rule on so-called end-
of-pipe equivalence for direct and indirect dischargers treating 
prohibited, decharacterized wastes in surface impoundments, there are 
related Agency rulemaking activities warranting mention: The LDR Phase 
IV rule, which will consider leaks, sludges, and air emissions from 
surface impoundments; the Hazardous Waste Identification Rule (HWIR), 
which provides a risk based assessment of when wastes are hazardous, 
and may result in capping the extent of treatment of some hazardous 
constituents; the Pulp and Paper and Pharmaceutical Industries effluent 
limitations guidelines which affect industries using impoundment-based 
treatment systems to manage decharacterized wastes; and rules for 
control of hazardous air pollutants issued under the Clean Air Act 
(CAA), which regulate similar air emissions. These interrelationships 
are explored below, so that the public can be made aware of how future 
regulations may impact decisions to be made in response to this rule. 
Comments and data are requested on the LDR Phase IV options discussed 
in this part.

A. Phase IV LDRs--Cross-Media Transfer and Equivalency Issues

1. Cross-Media Implications
    The LDR Phase IV rule will consider equivalent treatment for 
centralized wastewater treatment systems with impoundments managing 
wastewaters that are decharacterized. The principle potentially at 
issue is the transfer of pollutants from one media to another without 
being destroyed, removed, or immobilized. Treatment of the wastewaters 
transfers the pollutants , to groundwater from leaks, or to the air. 
The transfer of pollutants from one media to another is an Agency-wide 
concern. The environment is not well served by piecemeal regulation 
which simply transfers pollutants, nor is industry well-served by 
piecemeal regulation. The Agency's preference is to look at these 
situations holistically so that pollutants are not simply transferred, 
and so that the Agency provides industry with a coordinated 
understanding of the ``environmental requirements'' for all media. How 
the Agency pursues this preference has not been decided, but the 
following discussion outlines some of the issues being examined.
2. Background of Equivalency Issues EPA is Considering for LDR Phase IV
    EPA is considering, in addition to evaluating equivalence at the 
point of ultimate discharge to surface waters or to a Publicly-Owned 
Treatment Works (POTWs) (``end-of-pipe equivalence''), conditions for 
determining equivalence of treatment for decharacterized wastes managed 
in nonhazardous waste (subtitle D) surface impoundments which would 
involve consideration of whether treatment is not equivalent due to 
cross-media transfers of untreated hazardous constituents. In 
evaluating the above approaches, EPA is looking both at RCRA and other 
Agency authorities and programs that would ensure protection and 
provide control equivalent to RCRA.
    The Agency has not made any determination as to the best manner to 
implement the standard enunciated in the opinion. It is certain that 
the opinion requires at least a demonstration of end-of-pipe 
equivalence, which will be accomplished when the treatment standards in 
today's proposed rule are finalized. Whether it requires more is 
unclear. The opinion appears to focus on treatment of wastewaters. For 
example, the court stated ``treatment of solid wastes in a CWA surface 
impoundment must meet RCRA requirements prior to ultimate discharge 
into waters of the United States or publicly owned treatment works * * 
*.'' 976 F. 2d at 20, emphasis added). See also id. at 7, 20 (focus on 
treatment of waste ``streams'', i.e. the liquids in the impoundment); 
23 n. 8 (reduction of mass loadings of hazardous constituents of waste 
stream entering and exiting an impoundment); 24 (court indicates that 
decharacterized wastes are not held permanently in impoundments, a 
statement that is uniformly correct for wastewaters but not wastewater 
treatment sludges); 24 (court focuses on treatment of ``liquids'' in 
impoundments). At one point, the court also noted, in distinguishing 
between subtitle C and subtitle D surface impoundments, that sludges in 
subtitle C impoundments require further management in accord with 
subtitle C, id. at 24, n. 10, perhaps suggesting by negative 
implication that sludges in subtitle D impoundments do not.
    Equally important, the court held that ``RCRA requires some 
accommodation with (the) CWA'', id. at 20, see also id. at 23, 
indicating that to some degree RCRA need not mandate a wholesale 
disruption of existing wastewater treatment impoundments, provided the 
CWA treatment system really achieves treatment equivalent to RCRA 
section 3004(m) treatment: ``In other words, what leaves a CWA 
treatment facility can be no more toxic than if the waste streams were 
individually treated pursuant to the RCRA treatment standards.'' Id.
    On the other hand, the opinion can be read more broadly to 
encompass requirements respecting surface impoundment integrity. The 
court's fundamental concern with dilution, echoing the requirements of 
section [[Page 11709]] 3004(m), is that dilution does not reduce or 
destroy hazardous constituents, and thus does not prevent those 
constituents from entering the environment. Id. at 22, 24, 29-30; see 
also id. at 23 n. 8 stressing the court's holding that total mass 
loadings of pollutants ``entering the environment'' must be reduced in 
order to comply with section 3004(m).
    Moreover, the court distinguished a number of times between 
temporary placement of diluted wastes in impoundments for treatment and 
permanent disposal in land disposal units, stating that only the 
temporary placement represents a satisfactory accommodation between 
RCRA and the CWA. Id. at 24, 25. To the extent hazardous constituents 
leak or volatilize from impoundments, it can be argued that permanent 
disposal of untreated hazardous constituents is occurring.
    The schedule for issuing the LDR Phase III and IV rules are both 
subject to settlement agreement, and, according to the schedule 
established by these settlement agreements, will be proposed only six 
months apart. Therefore, industry will be able to evaluate the LDR 
Phase III proposed end-of-pipe equivalency requirements while keeping 
in mind the upcoming LDR Phase IV rule which must consider sludges, 
leaks, and air emissions from treatment surface impoundments. The 
Agency has not yet decided how to pursue the potential equivalency 
issues related to sludges, leaks, or air emissions; however, the Agency 
is taking this opportunity to discuss the issues and potential options 
in these three areas. Furthermore, the Agency solicits data 
characterizing sludges, leaks, and air emissions from surface 
impoundments,
    a. Sludges. Characteristic wastewaters managed in CWA and CWA-
equivalent impoundment-based systems invariably are treated to generate 
a sludge. Under EPA's existing interpretations of the rules, such 
sludges are usually considered to be prohibited wastes only if they are 
themselves hazardous. 55 FR at 22661. This is because generation of a 
new treatability group is considered to be a new point of generation 
for purposes of determining where LDR prohibitions attach. The Agency 
has not determined whether the court decision could or should be read 
to invalidate this interpretation (although the Agency adopted a 
``waste code carry through'' approach for the characteristic wastes 
addressed in the emergency interim final rule). This will be an issue 
that must be resolved in the LDR Phase IV rule.
    In addressing this issue, it should be noted that the LDR treatment 
standards for nonwastewaters and wastewaters are by now well 
established. There are 521 hazardous waste codes subject to LDR 
technology-based treatment standards. In instances where analytical 
methods are available, these hazardous wastes are subject to UTS that 
were promulgated in the LDR Phase II final rule (UTS are, however, 
based on treatment standards that have been in effect, in some cases, 
since 1986 and thus are well established). While no decision has been 
made on whether to regulate these sludges, if the Agency decides to 
control sludges from CWA and CWA-equivalent surface impoundments, the 
treatment standards (UTS levels) are already in place.
    EPA believes that the likely impact of such an approach would be 
mixed--that is, some facilities will continue to use surface 
impoundments and remove and treat the sludge, if necessary, while 
others will move away from the use of surface impoundments. For 
example, aggressive biological treatment, such as that typically used 
by the petroleum refining industry, may achieve UTS levels as 
generated. Sludges from primary treatment in surface impoundments are 
more likely to exceed UTS levels. If the Agency decides to control 
sludges, such an approach may impose significant costs on the facility. 
Subjecting sludges to UTS may encourage pollution prevention and 
recycling alternatives to be used prior to placement of wastes in the 
impoundment, so that sludge treatment standards are not triggered. 
Comments are solicited on these issues.
    b. Leaking Surface Impoundments. While hazardous wastes entering 
surface impoundments constitute temporary land disposal (because they 
are being placed there for treatment), leaks from such impoundments 
constitute permanent land disposal. Such permanent land disposal was 
clearly a concern of the court. 976 F. 2d at 25-6.
    The Agency is considering the following additional controls if the 
decision is made to address leaking surface impoundments:
    EPA already has UTS limits that could be applied to the influent 
into the surface impoundment when it is determined that it leaks 
underlying hazardous constituents at levels above UTS. Applying UTS to 
the influent would assure that only wastes that have been treated in a 
manner equivalent to RCRA treatment are land disposed.
    EPA is also considering applying some of the subtitle D municipal 
solid waste landfill criteria to address leaking surface impoundments 
(Municipal Landfill Rule (56 FR 50978, October 9, 1991). The impacts of 
such an approach on aggressive biological surface impoundments may not 
be significant. On the other hand, facilities with leaking impoundments 
engaged in primary treatment could have to perform some type of action 
such as retrofitting, remediating groundwater, or switching to tank 
treatment.
    A third option being considered is using triggering controls based 
on the potential risk of any leak. The Agency could require as a 
performance standard that owners demonstrate that the expected leaks 
would pose a low level of risk to nearby receptors. Facilities would 
have the flexibility to change the influent, install engineering 
controls, or limit potential exposure in order to comply with this 
performance standard.
    c. Air Emissions. Achieving wastewater or nonwastewater standards 
by merely transferring hazardous constituents to the air may be 
inconsistent with the court opinion in that excessive, uncontrolled 
volatilization could be viewed as unequivalent treatment, or unsafe 
treatment conditions. For example, treatment of volatile organic 
compounds in surface impoundments may achieve compliance with a 
wastewater treatment standard by simply transferring pollutants to the 
air.
    If EPA should determine that the court's opinion should be read to 
require control of excessive volatilization from impoundments to 
demonstrate equivalent treatment, one option is deferral to CAA NESHAP 
standards, such as the Benzene Waste Operations NESHAPs and the HON. 
The Benzene NESHAPs were promulgated on January 17, 1993, and the HON 
was promulgated on April 22, 1994 (59 FR 19402). The Agency will 
explore further whether the CAA standards for hazardous air pollutants 
provide equivalent protection or control of the hazardous constituents 
of concern.
    Another option is extend the applicability of existing air emission 
controls in RCRA--the recently promulgated RCRA Air Emission Standards 
(59 FR 62585 (Dec. 6, 1994)). The RCRA Air Emission Standards are self-
implementing and are applicable to 90-day units at hazardous waste 
generator sites. These standards do not apply to surface impoundments 
which receive waste that was hazardous at the point of generation but 
was ``decharacterized'' (i.e., rendered nonhazardous) before being 
placed in the surface impoundment.
    The approach EPA is considering in the second option is a ``target 
mass removal'', which would ensure that hazardous constituents are 
effectively [[Page 11710]] removed or destroyed and that standards are 
not achieved through dilution or air emissions. A key to this approach 
is that all waste streams commingled with the hazardous waste streams 
are accounted for, and calculations are made to ensure that dilution is 
not credited toward achieving the standard. The target mass removal 
approach is to identify a hazardous waste at its point of generation 
and determine the mass of hazardous constituents that must be removed 
to meet UTS. The mass of constituents removed can be calculated by 
comparing a post-treatment waste determination to the point of 
generation waste determination. An alternative is to calculate the 
percent reduction of hazardous constituents that is required to meet 
the standard, and ensure that associated treatment devices operate at 
that level of efficiency. Application of this approach could also 
address the issue of nonamenable waste discussed in Section VI of this 
preamble. Comments are solicited on the application of this approach.
    The likely impacts of establishing air emission requirements are 
that facilities will pursue pollution prevention, recycling, steam 
stripping or other treatment to remove volatile organics prior to 
treatment in surface impoundments. Under this approach, hazardous 
constituents would either need to be removed prior to entering the 
surface impoundment, or the impoundment would have to be retrofitted in 
a way that prevents escape of air emissions.
    Comments and data are solicited on options for addressing these 
three areas of potential cross media transfer from wastewater treatment 
surface impoundments. Comments and data are also solicited on potential 
costs and human health benefits.

B. The Hazardous Waste Identification Rule (HWIR)

    A recurring concern expressed by many commenters is the 
relationship between technology-based and risk-based RCRA limits. EPA 
has established technology-based limits for all LDR rules and will 
continue to do so in the LDR Phase III rule. The Agency is considering 
the establishment of risk-based levels, however, under the HWIR that is 
scheduled to be proposed in the fall of 1995.
    The integration of the two approaches could impact how facilities 
comply with all LDR treatment standards. For example, if the HWIR risk-
based limits are determined to minimize threats to human health and the 
environment, when they are higher than the LDR standards (less 
stringent), they will satisfy RCRA section 3004(m) and the waste would 
not have to be treated to meet the LDR technology-based limits. HWTC 
III, 886 F. 2d at 362. Integration of the LDR and HWIR will be further 
addressed in the HWIR rulemaking process.

C. Water Rules--the Pulp and Paper and Pharmaceutical Industries Rules

    The LDR Phase III end-of-pipe RCRA wastewater treatment standards 
(i.e., the standards which will satisfy the end-of-pipe equivalence 
standard enunciated by the court) being proposed today will be applied 
at the same location that CWA effluent limitation guidelines and 
pretreatment standards are currently applied. EPA is currently amending 
effluent limitation guidelines and standards for two industries that 
use surface impoundments extensively: the pulp and paper and the 
pharmaceutical industries. Both of these rules are considering in-
process limitations of the highly-volatile constituents.
    The combined CWA and CAA Pulp and Paper rule was proposed on 
December 17, 1993 (58 FR 66077). The Pharmaceutical Industry effluent 
guidelines are scheduled to be proposed by February 1995. One key 
issue, with respect to both of these industry categories, is the timing 
of these amended effluent guidelines and standards in relation to 
promulgation of LDR Phase III standards. EPA believes that these 
amended guidelines and standards should establish end-of-pipe 
equivalence. However, these amended rules may not be promulgated or 
effective until after this LDR Phase III rule takes effect. For reasons 
discussed later in today's preamble, however, EPA is proposing to wait 
until the amended rules for these industrial categories take effect 
before establishing end-of-pipe equivalence standards for these 
industries.

IV. End-of-Pipe Treatment Standards

A. EPA's General Approach to Setting Treatment Standards and Its 
Relation to the End-of-Pipe Standards Proposed Today

    In the recently-promulgated LDR Phase II rule, EPA significantly 
simplified the existing treatment standards by adopting Universal 
Treatment Standards (UTS). 59 FR 47982 (September 19, 1994). These 
standards apply the same concentration limit for the same constituent 
in all prohibited wastes. The Agency believes these standards are 
typically achievable for all prohibited wastes, and greatly improve the 
implementation of the LDR program by reducing the numbers of different 
treatment standards from thousands to essentially one per constituent.
    That being said, however, the Agency is nevertheless proposing 
today that UTS not apply to hazardous constituents in decharacterized 
wastewaters discharged by CWA facilities subject to the rule so long as 
the facility is subject to an appropriate CWA technology-based or water 
quality-based standard or limitation for that hazardous constituent. As 
explained more fully in section B below, the Agency believes that such 
CWA limitations and standards satisfy RCRA section 3004(m) requirements 
and therefore that the best means of integrating RCRA and CWA 
requirements is to have the CWA limitation or standard be the RCRA 
treatment standard as well. This choice by the Agency, should it be 
finalized, should not be viewed as any retreat from general 
applicability of UTS. Indeed, as proposed elsewhere in this preamble, 
EPA is proposing to apply UTS to various newly identified and listed 
wastes, as well as to prohibited decharacterized wastes injected into 
Class I nonhazardous injection wells.

B. End-of-Pipe Treatment Standards for Clean Water Act and Equivalent 
Wastewater Treatment Systems

    As discussed before, EPA must impose treatment standards on wastes 
that heretofore have not been subject to RCRA regulation. Both RCRA and 
CWA programs require treatment notification, monitoring, and 
enforcement; however, they do so using different procedures. This rule 
proposes an approach, discussed in the following subsections, that 
integrates requirements under both statutes to the maximum extent 
possible.
    The nonhazardous waste surface impoundments in CWA and CWA-
equivalent systems currently have no RCRA permit. For CWA systems, the 
discharge into navigable waters are subject to a NPDES permit, while 
discharges to POTWs are subject to pretreatment standards. EPA is today 
proposing to require that the treatment standard be met at the same 
point that the NPDES and pretreatment limits are required to be met: 
Generally, at end-of-pipe. CWA-equivalent systems may be subject to 
state or local permits, and would be subject to the treatment standards 
before final discharge to the land.
[[Page 11711]]

1. CWA Standards and Limitations as RCRA Section 3004(m) Treatment 
Standards
    RCRA section 1006(b) requires EPA (among other things) to integrate 
provisions of RCRA and the CWA when implementing RCRA and to avoid 
duplication to the maximum extent possible with CWA requirements. In 
keeping with this requirement, EPA is proposing to implement the end-
of-pipe equivalency standard in the court's opinion so that a 
technology-based or water quality-based CWA standard for an underlying 
hazardous constituent in a CWA facility's discharge will also be 
considered to be the RCRA BDAT treatment standard for that constituent. 
(If a CWA standard for an underlying hazardous constituent is not 
included in the CWA permit, the facility must meet UTS at end-of-pipe. 
See further discussion in the next subsection.) Consequently, 
satisfying the CWA standard or limitation for that constituent will 
also satisfy RCRA. Thus, for example, if a facility managing 
decharacterized wastes containing benzene has an NPDES permit with a 
limitation for benzene which reflects Best Available Technology (BAT), 
that limitation would also satisfy RCRA LDR requirements. In addition, 
the facility would not be subject to a separately enforceable RCRA 
standard for benzene. In order to limit the amount of potential 
administrative duplication, EPA is proposing that the standard remain 
enforceable only under the Clean Water Act.
    EPA is proposing that a technology-based CWA limitation or standard 
for a hazardous constituent satisfies RCRA because such a limitation or 
standard best reflects the capability of best treatment technologies to 
treat a specific industry's wastewater (or, when the limitation is 
determined by a permit writer using Best Professional Judgment, a 
specific plant's wastewater). The RCRA UTS for wastewaters were 
developed by transferring performance data from various industries, and 
thus EPA need not make that same transfer when industry-specific (or 
plant-specific) wastewater treatment data is available. (EPA notes, 
however, that the UTS reflect treatment of wastewater matrices that are 
particularly difficult to treat, and hence that the Agency's conclusion 
that these standards are typically achievable is sound.)
    It is also reasonable for water quality-based limitations to 
satisfy RCRA requirements. These limitations must be at least as 
stringent as the limitations required to implement an existing 
technology-based standard. (See CWA section 301(b)(1)(c).) Even where 
there is no existing BAT limitation for a toxic or nonconventional 
pollutant, a permit writer must determine whether BAT would be more 
stringent than the applicable water quality-based limitation, and 
again, must apply the more stringent of the two potential limitations. 
(40 CFR 125.3(c)(2).) Consequently, a water quality-based limitation 
not only reasonably satisfies RCRA section 3004(m) requirements, but 
can be viewed as a type of site-specific minimize threat level.
    If a facility has received a Fundamentally Different Factors (FDF) 
variance, EPA is proposing that the limitations established by that 
variance also satisfy RCRA requirements. Limitations established by the 
FDF variance process are technology-based standards reflecting 
facility-specific circumstances, and hence can appropriately be viewed 
as BDAT as well, just as with RCRA treatability variance standards. See 
51 FR at 40605 (Nov. 7, 1986).
    EPA also believes that there are adequate constraints in the CWA 
implementing rules to prevent these end-of-pipe standards from being 
achieved by means of dilution. First, many of the effluent limitation 
guidelines and standards regulate the mass of pollutants discharged, 
and thus directly regulate not only the concentration of pollutant 
discharged but the degree of wastewater flow as well. Where rules are 
concentration-based, NPDES permit writers can set requirements which 
preclude excessive water use, and EPA has so instructed permit writers. 
(See 58 FR 66151, December 17, 1983, encouraging permit writers to 
estimate reasonable rate of flow per facility and factor that flow 
limit into the permit.) These permit conditions can take the form of 
best management practices, explicit mass limitations, and conditions on 
internal waste streams. 40 CFR 122.44(k); 122.45(f), (g) and (h). 
Indirect dischargers are also subject to specific CWA dilution rules in 
both the general pretreatment rules and the Combined Wastestream 
Formula (as well as through many of the categorical standards). 40 CFR 
403.6(d) and (e). Many of the guidelines and standards also preclude 
addition of stormwater runoff to process wastewater to preclude 
achieving treatment requirements by means of dilution. The Agency is 
accordingly of the view that end-of-pipe equivalence would be achieved 
by treatment that removes or destroys hazardous constituents, as 
required by section 3004(m). (This discussion, of course, still leaves 
open the questions, left for the LDR Phase IV rule, of how existence of 
leaks, air emissions, or depositions of constituents in sludges affects 
determinations of equivalent treatment and similar issues.)
    With respect to indirect dischargers, EPA is further proposing that 
national categorical standards or, potentially, plant-specific 
standards contained in control mechanisms (i.e. contracts between 
industrial users and the POTW or other governmental entity) satisfy 
RCRA where these standards reflect pass through findings. If it is 
found that a particular pollutant/hazardous constituent will not pass 
through to navigable waters because of efficacious treatment by the 
POTW, there will be full-scale treatment of the pollutant/hazardous 
constituent before its final release into the environment. EPA is 
proposing that such full-scale treatment satisfies the court's 
equivalency test. EPA is also proposing to add such pass-through 
situations as a valid ground for indirect dischargers to obtain a RCRA 
treatability variance, for the same reasons.
    However, the Agency is not proposing that standards based on 
interference with POTW operations be deemed to also satisfy RCRA 
requirements. Interference findings reflect the effect the pollutant 
may have on overall POTW treatment, not necessarily treatment of the 
particular constituent. Because the relationship of an interference-
based standard with treatment of a particular pollutant is tenuous, the 
Agency does not believe such a standard can be said to be equivalent to 
RCRA treatment. The Agency solicits comment on the prevalence of 
interference-based standards.

2. Implementation When CWA Standards and Limitations Will Be the 
Exclusive Standard

a. Direct Dischargers
    EPA is proposing that if a direct discharger subject to this rule 
(i.e. generating ICRT wastes containing hazardous constituents at 
concentrations exceeding UTS at the point the wastes are generated and 
treating those wastes in surface impoundments) has an NPDES permit 
containing a limitation for that pollutant based on BAT, New Source 
Performance Standards, or a more stringent water quality standard, or 
is regulated through controls on an indicator pollutant, then there are 
no RCRA requirements other than documentary recordkeeping. An indicator 
pollutant is a pollutant for which control of that pollutant is 
considered to indicate control of a [[Page 11712]] specific 
constituent. For example, total phenols is an indicator for a specific 
phenol. The Agency solicits comments on specific circumstances where a 
pollutant is an indicator of a specific underlying hazardous 
constituent.
    If the existing NPDES permit either does not contain a limitation 
for the pollutant or does not regulate the pollutant through an 
indicator, a facility would have several choices. It could do nothing, 
in which case the hazardous constituent would be subject to the UTS, 
and compliance would be monitored at end-of-pipe (unless the facility 
chooses to segregate the wastestreams for treatment, in which case 
compliance would be measured in the segregated stream after treatment). 
These standards would be implemented by rule, and thus would not be 
embodied in a permit. Enforcement would be solely under RCRA.
    In the alternative, a facility could seek amendment of its NPDES 
permit pursuant to Sec. 122.62(a)(2), requesting that the applicable 
permitting authority modify the permit to add limits for the underlying 
hazardous constituents reflecting BAT for that pollutant at the 
facility. Assuming proper design and operation of the wastewater 
treatment technology, a permit writer in such a case could modify the 
permit to add a limitation for the pollutant based on Best Professional 
Judgement reflecting actual treatment (40 CFR 125.3(c)). Modification 
requests would be processed pursuant to the procedures found at 
Sec. 124.5. The modified permit limitation would be a CWA requirement 
and enforceable solely under that statute.
    A final alternative is for the facility to seek a RCRA treatability 
variance. EPA is proposing to amend the grounds for granting such a 
variance to include situations where a facility is treating 
decharacterized wastes by treatment identified as BAT, the technology 
is designed and operated properly, but is not achieving the UTS (see 
proposed amendments to Sec. 268.44(a)). The amendment would also apply 
to indirect dischargers properly operating technology identified as the 
basis for their PSES (Pretreatment Standard for Existing Sources) or 
their PSNS (Pretreatment Standard for New Sources) standard.
b. Indirect Dischargers
    The same alternatives exist for indirect dischargers. First, if an 
underlying hazardous constituent is not regulated nationally by a PSES, 
PSNS, or by a local limit, and so therefore becomes subject to the UTS 
for that constituent, that UTS would be enforced as a RCRA standard. In 
addition, if there is no pretreatment standard (i.e., PSES/PSNS) for an 
underlying hazardous constituent, because the Agency determined that 
there was no pass through, then the RCRA standard for that underlying 
hazardous constituents does not apply. However, in cases where an 
underlying hazardous constituent is not already subject to categorical 
PSES, categorical PSNS, or to a local limit in a control mechanism 
reflecting PSES or PSNS-level treatment, water quality, or pass 
through, the control mechanism between the indirect discharger and the 
applicable control authority would have to be modified in order to 
avoid application of the UTS by rule. Although procedures for modifying 
control mechanisms are less institutionalized than those codified for 
modifying direct dischargers' permits, the Agency initially does not 
believe this will pose a significant logistical problem because the 
number of indirect dischargers significantly affected by this rule 
(i.e. those treating decharacterized wastewaters in surface 
impoundments before discharge to a POTW where categorical PSES or local 
limitation does not address a particular hazardous constituent, and 
discharging greater than de minimis levels of hazardous constituents) 
appears to be small. The Agency continues to solicit information on the 
number of indirect dischargers so affected, however.
    EPA also solicits comment on the best means of applying the 
equivalency requirement to industries where the Agency is also 
undertaking significant revisions to applicable CWA requirements on a 
somewhat slower schedule than this rule. The Agency has in mind 
particularly the forthcoming amended standards for the pharmaceutical 
and pulp and paper industrial categories.\6\ Amended BAT/PSES standards 
for these industries are likely to encompass most or all of the 
underlying hazardous constituents typically found in these industries' 
wastewaters, and will reflect EPA's best judgement of the appropriate 
optimized technology-based controls for those pollutants, as well as 
the time needed to implement those controls. The Agency's initial 
preference, in keeping with the requirements of RCRA section 1006, is 
to wait until those controls are in place before evaluating end-of-pipe 
equivalency for those industries. The Agency solicits comment on this 
matter.

    \6\The Pharmaceutical Rule is scheduled to be proposed on 
February 28, 1995; the Pulp and Paper Rule was proposed on December 
17, 1993 (58 FR 66077).
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    Finally, if the facility treats to UTS and does not modify its CWA 
permit or control mechanism to include a CWA standard/limitation for an 
underlying hazardous constituent, EPA is proposing minimal record-
keeping requirements, under RCRA authority. EPA is proposing that 
generators can use generator knowledge to identify the underlying 
hazardous constituents present at the point of generation of the ICRT 
wastes which are not covered by a CWA limitation and hence must be 
treated to meet UTS (assuming no permit modification, etc.). Monitoring 
at potentially hundreds of points of generation would be unnecessarily 
burdensome and so is not being proposed as a requirement. EPA is 
proposing that this information be kept on-site in files at the 
facility. EPA proposes that the facility will then monitor compliance 
with the UTS standard for each of these constituents at the point of 
ultimate discharge on a quarterly basis, and that the results of this 
monitoring also be kept in the facility's on-site files. Monitoring 
compliance with UTS at the point of discharge provides appropriate 
assurance of effective treatment. Failure to comply with the RCRA UTS 
standard must be reported by the facility to the EPA Regional or 
authorized state RCRA personnel.
    Finally, the Agency is proposing to grant a two-year national 
capacity variance to allow facilities time to repipe and build on-site 
treatment, or to modify their CWA permit.
    EPA is proposing these same requirements for documenting compliance 
for zero dischargers without NPDES permits who are affected by this 
rule. The absence of a permit necessitates some alternative means of 
documenting compliance, and the scheme outlined above seems to be the 
least burdensome scheme which would still provide a reasonable means of 
enforcing this rule.

C. Treatment Standards for Class I Nonhazardous Injection Wells

1. Introduction
    Generally, facilities injecting decharacterized ICRT wastes into 
Class I nonhazardous injection wells do not treat their waste beyond 
removing the characteristic by mixing and diluting, plus some filtering 
of solids. There are as many as 149 such facilities. The average flow 
of a typical Class I nonhazardous well is estimated at 107,000 gallons/
day. Typically, the volume of the hazardous wastestreams is relatively 
small (less than 25%) compared to the volumes of 
[[Page 11713]] nonhazardous wastestreams being co-injected.
    EPA is proposing that these characteristic wastestreams be 
considered prohibited at the point they are generated. The Agency is 
further proposing that underlying hazardous constituents in these 
prohibited wastes be treated to meet UTS levels before the waste is 
injected. The treatment must destroy, remove, or immobilize the 
underlying hazardous constituents in the waste that are present in 
concentrations exceeding UTS at the point the wastes are generated. It 
may be that in some situations, one type of treatment may pose more 
risk than another type, notwithstanding that it removes or destroys 
hazardous constituents to a greater degree. In such cases, facilities 
may seek a treatability variance to allow the use of the less 
aggressive treatment technology (assuming such treatment technology 
satisfies the 3004(m) standard). In such a situation, the technology 
posing greater risk could be considered to be ``not appropriate to the 
waste,'' (see 40 CFR 268.44(a)) and a variance could be granted to 
allow the use of alternative treatment. EPA believes this result 
satisfies the court's mandate in the Third Third opinion.
    EPA believes that the decision in the Third Third opinion 
necessitates revising the applicability of the 40 CFR Part 148 
requirements, Hazardous Waste Injection Restrictions, as they now apply 
to Class I nonhazardous injection wells. The Agency is clarifying in 
proposed revisions to 40 CFR 148.1, that owners and operators of Class 
I nonhazardous wells must determine, under certain circumstances, 
whether the LDRs now apply to their facilities. Class I wells which 
inject nonhazardous wastes at the point of injection must now determine 
if any of these wastes exhibited a characteristic of hazardous waste at 
the point they were generated. Accordingly, EPA is proposing to amend 
Sec. 148.1 and redefine the purpose, scope, and applicability of the 
Part 148 regulations.
    To conform with the Court's ruling the Agency is also proposing to 
include Class I nonhazardous wells within the scope of the dilution 
prohibition at 40 CFR 148.3. Class I wells thus may not impermissibly 
dilute their hazardous waste streams in order to substitute for or 
avoid treatment levels or methods established in the LDRs.
2. Compliance Options for Class I Nonhazardous UIC Wells
    In order to comply with today's requirements, facilities could 
segregate their characteristic streams for separate treatment. 
Treatment could occur either on-site or off-site. After the 
characteristic wastes have been treated to meet UTS, they can be land 
disposed (either by injection or by some other means). A facility could 
also treat the aggregated mass of wastewaters (i.e. the commingled 
characteristic and non-characteristic wastewaters) to meet UTS before 
injection.
    Another option is for the facility to seek a no-migration variance 
under Sec. 148.20. Thus, EPA is proposing today to amend the provisions 
under Sec. 148.20 to allow facilities to seek a no-migration variance 
for their injection well(s). This amendment, however, would simply 
formalize EPA's existing interpretation that no-migration variances are 
already available for such wells. See 59 FR at 48013 (September 19, 
1994). If these facilities submit a no-migration petition to EPA and 
effectively demonstrate to EPA that their formerly characteristic 
wastes (including any hazardous constituents contained in those wastes) 
will not migrate from the injection zone for 10,000 years or no longer 
pose any threat to human health and the environment because the wastes 
are attenuated, transformed, or immobilized by natural means in the 
injection zone, then they may continue injection without further 
treatment.
    Each no-migration petition has, to date, taken on average 3 years 
to process. This time may increase if the Agency receives a large 
number of petitions. EPA continues to emphasize, however, that 
interested petitioners need not wait for this rule to be promulgated 
before pursuing the petition process. Petitions for a no-migration 
variance for Class I nonhazardous wells receiving decharacterized 
wastes can be received and evaluated now. Id.
    EPA is also proposing to extend the availability of case-by-case 
extensions of the effective date to Class I nonhazardous injection 
facilities for any applicable Part 148 prohibition. Proposed revisions 
to Sec. 148.1(c)(1) and Sec. 148.4 will allow Class I well owners and 
operators on a case-specific basis to follow procedures of Sec. 268.5 
to receive a one-year extension, renewable for an additional year, from 
the effective date of the prohibitions, in order to acquire or 
construct alternative treatment capacity.
    EPA today is proposing two other means for facilities with Class I 
UIC wells to comply with the LDR requirements. The first involves 
removing the same mass of hazardous constituents from streams to be 
injected through pollution prevention rather than pre-injection 
wastewater treatment. The second involves creating an exception for 
situations when the characteristic wastestreams make only a de minimis 
contribution to the waste mixture being injected. These two proposed 
options are described below in more detail.
3. Pollution Prevention Compliance Option
    The D.C. Circuit stressed that the equivalency test, if enunciated, 
is required to ensure that mass loadings of hazardous constituents to 
permanent disposal units are reduced to the same extent they would be 
if a prohibited waste was treated exclusively under a RCRA regime. 976 
F. 2d at 23 n. 8. EPA is proposing that these reductions in mass 
loadings can be achieved by removing hazardous constituents from any of 
the wastestreams that are going to be injected, and that these 
reductions in mass loadings can be accomplished by means of pollution 
prevention.\7\ Thus, if a facility can, for example, make process 
changes that reduce the mass of cadmium by the same amount that would 
be removed if the prohibited wastestream was treated to satisfy UTS, 
the facility would have satisfied LDR requirements. The facility would 
thus no longer have to demonstrate that it is meeting UTS concentration 
levels.

    \7\In a 1992 memorandum from F. Henry Habicht, then EPA Deputy 
Administrator, and reiterated in a June 15, 1993 memorandum from 
Carol Browner, EPA Administrator, the Agency has defined pollution 
prevention as ``source reduction'' (as defined in the 1990 Pollution 
Prevention Act (PPA)), and other practices that reduce or eliminate 
the creation of pollutants through (1) increased efficiency in the 
use of raw materials, energy, water, or other resources; or (2) 
protection of natural resources by conservation. The PPA defines 
``source reduction'' to mean any practice which (1) reduces the 
amount of any hazardous substance, pollutant, or contaminant 
entering any waste stream or otherwise released into the environment 
(including fugitive emissions) prior to recycling, treatment, or 
disposal; (2) reduces the hazards to public health and the 
environment associated with the release of such substances, 
pollutants, or contaminants.
    ``Source reduction'' includes: equipment or technology 
modifications, process or procedure modifications, reformulation or 
redesign of products, substitution of raw materials, and 
improvements in housekeeping, maintenance, training, or inventory 
control. Recycling, energy recovery, treatment, and disposal are not 
included in the definition of pollution prevention in the PPA.
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    Under this option, a hazardous constituent could be removed from 
either the hazardous or nonhazardous portion of the injectate, and 
could be removed before a waste is generated. The result would be that 
the mass loading into the injection unit would be reduced by the same 
amount as it would be reduced by treatment of the prohibited, 
characteristic portion of the injectate. [[Page 11714]] 
    The mass/day reduction of a particular underlying hazardous 
constituent can be calculated by comparing the injected baseline with 
the allowance. The injected baseline is determined by multiplying the 
volume/day of hazardous waste generated (and subsequently injected) 
times the concentration of hazardous constituents prior to the 
pollution prevention measure. The allowance is determined by 
multiplying the volume/day of a hazardous constituent generated/
injected times the UTS for that constituent. The difference between the 
injected baseline and the allowance is the mass/day reduction.
    After successful employment of a pollution prevention measure, the 
facility must demonstrate that the injected mass achieves the required 
mass/day reduction. The post-pollution prevention measures would be 
corrected for production variations by multiplying the mass/day 
reduction times the ratio of the pre-pollution prevention production 
baseline divided by the production on the day of sampling after the 
pollution prevention is successfully implemented. A correction for 
production variations is needed because the amount of an underlying 
hazardous constituent in the injectate is dependent upon the level of 
production. If the initial reading is taken on a day of low production, 
and the post-pollution prevention reading is taken on a day of high 
production, then without the correction factor the mass/day reduction 
calculation would be an underestimate.
    The following is an example to illustrate this discussion:
    Facility X is daily injecting 1 lb. of benzene (an underlying 
hazardous constituent in a characteristically hazardous wastestream). 
The mass allowed for benzene (based on the volume of the hazardous 
wastestream they inject and the UTS for benzene) is 0.3 lbs. Therefore, 
the mass of benzene that needs to be removed in order for Facility X to 
be in compliance with the LDR is 0.7 lb.
    Facility X decides to use pollution prevention to remove the 0.7 
lb. of benzene from their system. Before employing pollution 
prevention, Facility X monitors and determines that on a day when they 
produce 10 tons of product, 3 lbs. of benzene is being injected. After 
employment of pollution prevention, Facility X monitors and determines 
that 1 lb. of benzene is being injected. On this day of monitoring they 
are producing 5 tons of product. Therefore: 3 lbs.-1* (10/5)=1 lb. of 
benzene removed, which means they are in compliance with LDR, since 0.7 
lb. was all that was necessary to be removed.
    EPA is proposing that the results of the monitoring of the 
underlying hazardous constituent concentration and the volume of the 
hazardous waste stream being injected, both on the day before 
employment of pollution prevention, and the day after successful 
employment of pollution prevention, be reported to the EPA Region or 
authorized State as a one-time notification. The facility will also 
include in this report a description of the pollution prevention method 
used. In addition, the facility will monitor and keep on-site records 
of the results on a quarterly basis. Quarterly monitoring is already 
required under SDWA regulations (40 CFR 146.13(b)). The reporting 
requirements for this option will be a one-time notification; however, 
if the facility changes its pollution prevention method, they must 
repeat the initial monitoring and notify the EPA Region or authorized 
State. The Agency is proposing to consider only those pollution 
prevention measures taken after the date of publication of this 
proposed rule.
    EPA is proposing that, at this time, the pollution prevention 
alternative as described in this section of the preamble, be available 
only for facilities using Class I nonhazardous injection wells. EPA is 
not proposing the same alternative for facilities using surface 
impoundments because until the LDR Phase IV rules are completed, there 
will not be a test as to what comprises equivalent treatment at such 
facilities. That is, before EPA determines how such issues as potential 
releases to air and groundwater are to be resolved, there is no final 
equivalency standard for these facilities. It thus appears to EPA to be 
premature to determine how a pollution prevention alternative would fit 
into such a scheme. EPA also notes that because surface impoundments 
can pose particularly adverse environmental risks, see RCRA section 
1002(b)(7) and CWM v. EPA, 919 F. 2d 158 (D.C. Cir. 1992), the Agency 
in any case may wish to develop alternative approaches for 
decharacterized wastes being managed in such units.
    EPA also solicits comment on a number of issues relating to this 
option. The first is comment on using other production parameters 
besides or in lieu of volume (e.g., mass, square footage, etc.). The 
second is comment on use of site-specific non-linear production 
relationships and multiple production factors to deal with potential 
differences in underlying hazardous constituents produced in the 
hazardous and nonhazardous waste streams. Third, EPA solicits comment 
on whether more than one day is needed for monitoring pre and post-
employment of the pollution prevention option (i.e., some pollution 
prevention methods may require more than one day to show results).
    EPA also solicits comment on the best means of ensuring that the 
mass reductions achieved through this pollution prevention alternative 
are objectively verifiable and enforceable. In particular, EPA solicits 
comments on the best means of documenting baseline levels, and whether 
flow reductions (as opposed to hazardous constituent removal) should be 
allowed as an exclusive means of obtaining the requisite reductions in 
mass loadings of hazardous constituents.
    Finally, EPA requests comment as to whether it may eventually be 
possible to implement this type of alternative by means of a pollutant 
trading type of approach, whereby the hazardous constituent being 
removed by means of pollution prevention need not be identical to the 
hazardous constituent in the characteristic stream. For example, 
carcinogenic metals could all be grouped rather than evaluated 
individually. This type of approach may add desirable flexibility if 
appropriately constructed.
4. De Minimis Volume Exclusion
    There is a question of whether EPA should require treatment of 
relatively small decharacterized hazardous waste streams injected into 
Class I nonhazardous wells when the result will be essentially the same 
level of contaminants being injected (and thus risks are not measurably 
reduced). Therefore the Agency is proposing to establish a de minimis 
volume exclusion for small volumes of formerly hazardous wastes being 
injected into these wells along with a greater volume of nonhazardous 
waste.
    There are two existing LDR de minimis provisions (Sec. 268.1(e) (4) 
and (5)). Both are for ignitable and/or corrosive wastes (D001 and 
D002); the first is for de minimis losses of D001 or D002 to wastewater 
treatment systems of commercial chemical products, while the second is 
for de minimis losses of D001 or D002 laboratory wastes. Under the 
approach being proposed today, when underlying hazardous constituents 
are present in ICRT wastes at concentrations less than 10 times UTS at 
the point of generation, and the combination of all of the 
characteristically hazardous streams together are less than 1% of the 
total flow at point of injection and after [[Page 11715]] commingling 
with the nonhazardous streams, and that the total volume of hazardous 
streams are no more than 10,000 gallons/day, no segregation and/or 
treatment would be required. The 1% total flow criteria is consistent 
with the existing de minimis exemption for laboratory wastes 
(Sec. 268.1(e)(5)); however, the Agency solicits comment on the 1% 
criteria, the 10 times UTS criteria as well as the 10,000 gallons/day 
maximum--should these numbers be higher, lower, or dropped?
    The Agency intends to continue analyzing collected data that may 
provide additional justification for, or alternatively, cause the 
Agency to modify any or all of the criteria on which it has based the 
de minimis exemption for injected waste. This analysis will be 
conducted in conjunction with revising the Regulatory Impact Analysis 
for underground injected wastes, and may include additional computer 
modeling used in assessing the health risks posed by Class I injection 
wells. The Agency may conduct this analysis, for example, by varying 
specific parameters in the modeling, such as well pump rates, total 
volume of waste injected, and waste concentrations, and by altering 
postulated exposure scenarios describing health risks posed by 
injection of Phase III wastes. Upon conclusion, the analysis may 
support the proposed de minimis criteria or may cause the Agency to 
revise them in the final rule. The Agency solicits any comment on this 
planned approach and any alternative suggestions.
    The Agency is proposing that if a generator determines that he 
meets the requirements of the de minimis exemption, that he place a 
one-time notice in his files stating the % flow and concentration of 
the underlying hazardous constituents, and volumetric flow of 
prohibited wastestreams (i.e. streams exhibiting a characteristic at 
the point of generation). The concentration of underlying hazardous 
constituents would have to be determined through monitoring, and the % 
flow can be determined through several methods. One method for 
estimating annual average wastewater stream flow is to use the maximum 
annual production capacity of the process equipment, along with 
knowledge of the process and mass balance. A second method would 
involve using measurements that are representative of average process 
wastewater generation rates. A third method is to select the highest 
flow rate of process wastewater from the historical records. Other 
knowledge-based methods, which would be less expensive alternatives to 
actual measurement, could also be used. EPA solicits comment on these 
alternatives.

D. Point of Generation Discussion

1. Introduction
    It has long been the rule that land disposal prohibitions apply at 
the point hazardous wastes are generated. See e.g. 55 FR at 22652 (June 
1, 1990); 261.3(a)(2)(iii). Some members of the regulated community, 
including the Chemical Manufacturer's Association (CMA), have asked EPA 
to reconsider this issue in light of the Third Third rule and the D.C. 
Circuit opinion interpreting that rule. See CWM v. EPA (976 F. 2d 2 
D.C. Cir. 1992). Among other things, the court held that hazardous 
constituents present above concentrations ``sufficient to pose a threat 
to human health and the environment'' in prohibited wastes, including 
characteristic wastes, must meet LDR treatment standards. See 976 F. 2d 
at 16.
    The regulated community has argued that continued application of 
the point of generation rule could lead to situations where 
prohibitions would attach to particular characteristic wastestreams and 
trigger a host of potentially disproportionate consequences, without 
necessarily furthering any of the protective objectives of the LDR 
program. Many industrial processes consist of hundreds or thousands of 
streams, some of which exhibit characteristics only for a short time or 
(for batch processes) intermittently. The streams often exist within 
the physical confines of an industrial process, and may be collected 
within a common sump or other aggregation point. If one of the streams 
should exhibit a characteristic of hazardous waste, the entire system 
of wastewater treatment or other management could be affected if the 
system contains an impoundment or injection well.
    These commenters have also requested that EPA revisit the current 
interpretation that prohibitions attach at the instant of generation 
and that this requires in certain cases knowledge or monitoring of many 
internal streams. They argue that some of these streams may not be 
readily amenable to monitoring because everything within the process is 
hard-piped to a common collection point. It should be noted that EPA 
previously considered the practical difficulties associated with 
sampling or monitoring wastes within closed-process units. See 55 FR 
25760, 25765 (July 8, 1987).
    The commenters have expressed concern that there are likely to be 
circumstances where mass loadings of hazardous constituents to the 
environment are not significantly affected by allowing initial 
aggregation of residual streams from a process. They also have 
expressed concern with the practical impacts and achievability of 
determining the precise content of potentially thousands of internal 
wastestreams within an industrial facility.
    In response to these concerns raised by industry groups following 
the Third Third opinion, the Agency is soliciting comment on a number 
of approaches to modify the current point of generation approach for 
making LDR determinations for certain types of wastes. These approaches 
also could be applied more generally for purposes of subtitle C to 
determine at what point a waste is generated.
2. Background
    EPA has required LDR determinations to be made at the point which 
hazardous wastes are generated since the Solvents and Dioxins final 
rule (51 FR 40620, November 7, 1986). EPA asserted the authority to 
make LDR determinations at either point of generation or point of 
disposal in the Third Third final rule (55 FR 22652-53). The court 
invalidated such selectivity (976 F. 2d at 23), but did hold that at 
least the dilution prohibition did not have to apply to invalidate use 
of CWA treatment impoundments performing RCRA-equivalent treatment. 2d. 
at 23-4.
    In the course of finalizing the California list rule, EPA solicited 
comment on a ``point of aggregation'' approach to assessing when 
prohibitions attached. (See 52 FR at 22356 (June 11, 1987) where point 
of aggregation is defined as a point of common aggregation preceding 
centralized wastewater treatment.) Most commenters at that time 
criticized such an approach on the grounds that the ``point of 
aggregation'' was by no means readily determinable and could result in 
wastes being treated less or, in some cases, being diluted 
impermissibly. EPA rejected the approach for these reasons. 52 FR at 
25766 (July 8, 1987).
    The following options, which are being presented for comment, would 
narrowly redefine the point at which the land disposal prohibitions 
attach.
3. Similar Streams Generated by Similar Processes
    One possible revision would address situations in which like 
streams are generated from like processes and combined as a matter of 
routine practice. An example would be collection of rinses from 
sequential [[Page 11716]] rinses in a manufacturing process, or 
multiple rinses from parallel manufacturing lines all making the same 
product. In these circumstances, all the rinse water could contain the 
same hazardous constituents in roughly the same concentrations. 
Variations in hazardous constituent concentrations would reflect normal 
process variability, so that mass loadings of hazardous constituents to 
the environment over time would not alter if the rinses are aggregated 
and disposed. EPA seeks comment on whether or not such collection of 
like streams from like units should be considered impermissible 
dilution, since some in the regulated community might view it as 
counter-intuitive in many cases to even consider these similar process 
outputs to be separate.
4. Streams From a Single Process
    Industrial facilities frequently collect residual streams from a 
process in a common unit such as a sump. In many cases, these streams 
are similar in composition because they all come from a common unit 
process. Consequently, although some of the residual streams could 
exhibit a characteristic before common collection, long-term average 
mass loadings of hazardous constituents per unit of production may not 
vary significantly, even though the waste concentrations may vary 
within a normal range over time.
    Moreover, where residues are generated within a unit process, it 
might be possible to view these streams as still within the ``normal 
part of the process that results in the waste'', S. Rep. No. 284, 98th 
Cong. 2d sess. at 17, and consequently that any routine combination of 
these streams from the common process would not be impermissible 
dilution. Id. Of course, there is the possibility of abuse in any 
approach that allows combination of residues. Characteristic 
wastestreams not normally generated as part of the unit process could 
be re-piped in order to dilute the characteristic and avoid treatment 
of underlying hazardous constituents. This would remain impermissible 
dilution under any of the approaches EPA is considering.
    This approach differs from the ``point of aggregation'' approach 
EPA rejected as part of the California List rule in that it limits the 
mixing of waste streams to wastes generated within a single unit 
process. In the initial ``point of accumulation'' approach, wastes from 
various sources could be mixed in a sump, as long as the sump was the 
first point of accumulation. This option limits the mixing to single 
manufacturing steps (unit operations).
5. ``Battery Limits''
    The CMA has suggested an expanded version of the option discussed 
above. Instead of limiting aggregation to that normally occurring 
within a single unit process, they would view an entire battery of 
processes (associated with making a single product or related group of 
products) as a single manufacturing step. CMA would use the logic of 
the approach described in the previous section to allow all residues 
generated from that sequence of processes to be combined before a 
determination is made as to whether wastes are prohibited. Under CMA's 
approach, determinations as to whether characteristic wastes are 
prohibited could be made at this point where all of the aqueous waste 
streams from a unique industrial process are aggregated (referred to by 
CMA as ``battery limits''), or at a point that a stream exits the 
manufacturing process unit where it is generated (``point of 
rejection'').
    Such aggregation could, in CMA's view, be considered to be ``part 
of the normal process that results in the waste'' (S. Rep. No. 284, 
98th Cong. 1st sess. 17) so that the aggregation within the industrial 
process battery limits need not be considered to be impermissible 
dilution. CMA believes that this approach could ease monitoring 
burdens, simplify point of generation determinations, facilitate 
legitimate wastewater treatment and avoid accounting for characteristic 
properties and underlying hazardous constituents in intermittent 
streams such as streams from batch processes, or from characteristic 
streams resulting from one-time spills or other process 
emergencies.8

    \8\However, spills of commercial chemical products exhibiting a 
characteristic, an example mentioned by CMA, are already not 
considered to be prohibited provided amounts spilled are de minimis, 
as defined at 268.1(e)(4) (59 FR 47982, September 19, 1994). See 
generally, CMA's submission to EPA of October 5, 1994, part of the 
record for this proposed rule.
---------------------------------------------------------------------------

6. Solicitation of Comment
    The Agency solicits comment on the composition of internal residual 
streams within discrete processes when one or more of the streams 
exhibits a characteristic in order to determine how frequently such 
streams are similar with respect to identity and concentration of 
hazardous constituents. EPA also solicits comments on how difficult it 
is to identify the physical boundaries of a unit process, and what 
safeguards could be developed to assure that characteristic streams not 
normally part of a unit process are not diluted by re-piping and 
combination with unrelated streams.
    The Agency seeks comment on potential difficulties with all three 
options, but mostly the third option. Namely, the various limits do not 
seem to be graphically self-defining, and, hence, could be difficult to 
implement. The Agency is also concerned about the possibility of 
impermissible dilution of non-de minimis characteristic wastewater 
streams whenever large numbers and volumes of wastewaters are brought 
together and characteristics are eliminated without hazardous 
constituents being removed or destroyed.
7. Situations Where Existing Point of Generation Determinations May 
Remain Appropriate
    a. Listed Wastes. In considering the above approaches, as well as 
others, it could be argued that any modification to the point of LDR 
determination should apply only to characteristic wastes and F001-F005 
(spent solvents) listed wastes. In evaluating wastes from other sources 
for listing (including other ``F'' series wastes), EPA has carefully 
evaluated the various waste streams and has defined the point of 
generation as part of the listing description. Therefore, it may be 
inappropriate to modify that description with a more generic point of 
prohibition rule. EPA solicit comment on this issue.
    b. Prohibited Wastes Whose Treatment Standard is a Method of 
Treatment. Section 261.3(b) states that characteristic wastes whose 
treatment standard is a specified method of treatment may not be 
diluted to remove the characteristic in lieu of performing the 
specified method of treatment. Principal examples of such wastes are 
high TOC ignitable wastes, characteristic pesticide wastes, and certain 
characteristic mercury wastes. 55 FR at 22657. EPA indicated that these 
wastes are not typically amenable to adequate treatment by means other 
than the designated treatment methods,9 so that aggregation to 
remove the characteristic is impermissible dilution unless treatment by 
the required method follows. Id.

    \9\De minimis losses of the discarded commercial chemical 
product form of these wastes are not considered to be prohibited. 40 
CFR 268.1(e)(4).
---------------------------------------------------------------------------

    EPA's initial view is that these wastestreams should remain 
prohibited at the current point of generation. The Agency has made a 
considered decision that these wastes require a particular type of 
treatment, and the wastestreams themselves are clearly delineated. 55 
FR at 22657. In addition, the treatment [[Page 11717]] methods for a 
number of these wastes (including high TOC ignitable wastes and 
characteristic mercury wastes) include or require resource recovery, 
another reason to ensure that this type of treatment continues to 
occur. Steel Manufacturers Association v. EPA, 27 F. 3d 642, 647 (D.C. 
Cir. 1994). EPA solicits comment as to whether any alteration of the 
point at which LDRs attach to these wastes should be reconsidered.
8. Implications Beyond LDR Rules
    The Agency believes that narrowly redefining the point at which 
wastes are subject to RCRA regulation should be considered because of 
industry's concerns with the impact this approach is having on the 
program currently and what potential impact it may have in the future. 
Strict interpretation of the current point of generation has already 
raised questions with respect to the status of a variety of similar 
wastes that sometimes exhibit the hazardous waste characteristic and 
are routinely mixed (e.g., spent antifreeze from automobiles, boiler 
cleanout wastes, emission control residues). This issue may become even 
more important in the future as EPA adopts exit levels which may be 
established by the Hazardous Waste Identification Rule.
    While absolute clarity of the applicability of RCRA may result from 
the current point of generation requirement, industry commenters feel 
that it could be magnified in the future by this and other rulemakings. 
In considering these concerns, EPA does not wish to undermine the 
effort to segregate the most concentrated wastes for source reduction 
or treatment. EPA solicits comment on whether any of the approaches 
described achieves the proper balance among these goals.

V. Discussion of the Potential Prohibition of Nonamenable Wastes From 
Land-Based Biological Treatment Systems

    This section solicits comment on two regulatory frameworks received 
from industry and from treaters of hazardous wastes concerning 
refractory underlying hazardous constituents in land-based biological 
treatment systems. First, the Environmental Technology Council (ETC) 
submitted comments to the Agency on EPA's March, 1993 Supplemental 
Information Report on potential responses to CWM v. EPA. The ETC raised 
concern as to whether the constituents from these decharacterized 
wastes when placed into biological impoundments are merely being 
diluted and discharged; volatilized from the surface of the 
impoundment; or simply end up concentrating in the sludge at the bottom 
of the impoundment. The ETC labeled these constituents whose primary 
fate is air or sludge (or discharge without treatment) via one of these 
paths as ``nonamenable to biotreatment.'' The comment suggested several 
criteria for determining whether process streams with ``nonamenable'' 
constituents should be kept out of surface impoundments.
    Secondly, CMA provided EPA with similar recommendations in August 
1993. This section also considers CMA's suggestions for managing 
refractory chemicals in land-based biological treatment units.

A. Technical Overview

    Many ``decharacterized'' wastes (i.e., wastes that were formerly 
hazardous wastes due to their ignitable, corrosive or reactive 
properties as generated but which no longer exhibit a characteristic by 
the time they are land disposed) are placed in Subtitle D surface 
impoundments for the purpose of biological treatment. In theory, 
microorganisms in the impoundment can degrade organic constituents in 
these wastes (under aerobic and/or anaerobic conditions) to carbon 
dioxide and water.
    The ETC comment suggested that EPA identify and prohibit wastes 
containing these ``nonamenable'' constituents from biological treatment 
impoundments. The issue facing EPA is whether there are wastes for 
which biological treatment is not BDAT either because biological 
treatment cannot adequately reduce hazardous constituents or because 
biological treatment simply transfers hazardous constituents to other 
media, and, if so, whether an alternative regulatory scheme is 
appropriate. While the LDR Phase IV rule will specifically address the 
concerns with respect to sludges, leaks and air emissions, EPA has 
committed to raising certain technical issues concerning 
``nonamenability'' in the LDR Phase III proposed rule and has also 
committed to discuss the suggested regulatory resolutions submitted by 
both the ETC and the CMA, who also submitted comments pertaining to 
this issue.
    What follows is EPA's interpretation of the fundamental concerns 
which fostered this option, a discussion of the technical issues 
inherent to this approach and an identification of alternative 
approaches to address these underlying concerns. The issue of whether 
RCRA can require segregation of refractory hazardous wastes streams 
entering land-based surface impoundments is closely connected to the 
Agency's approach to sludges, leaks and air emissions in the LDR Phase 
IV rule. The Agency is therefore delaying any final action on the 
components of the ETC comments, or on the CMA suggestions, until LDR 
Phase IV when more comprehensive decisions can be made on each issue.

B. Summary of the ETC's Position

    The full text of the ETC's comments can be found in the 
administrative record for today's rule. This section summarizes that 
document.
    The ETC asserts that ``Hazardous constituents in ICR wastes that 
are not amenable to the biological or sedimentation systems used in CWA 
lagoons are not receiving RCRA-equivalent treatment.'' They then 
propose a definition of ``nonamenable waste streams'' and suggest a 
regulatory scheme for keeping these streams out of surface 
impoundments.
    In particular, the ETC recommends that EPA should establish 
treatment standards for ICR wastes that require destruction and removal 
of hazardous constituents in the waste as generated, and allow only 
those ICR wastes that contain hazardous constituents for which 
biological treatment is the best method to be managed in nonhazardous 
waste surface impoundments. They provide lists of individual 
constituents and constituent categories that should be segregated and 
restricted from biological units. These include the following 
individual chemicals: mercury, vanadium, chromium, cadmium, lead, and/
or nickel, or the following groups of chemicals: aromatic compounds; 
acrylates, phenolics, and highly oxidized constituents such as 
phthalates, aldehydes, and ketones; nitrosamines, amines, 
nitrophenolics, and aniline compounds and most chlorinated and 
brominated organic constituents. ETC also recommends segregating the 
following categories of waste: Highly volatile and non-water-soluble 
constituents, because of the likelihood of air emissions during 
biological treatment; and the acutely toxic P-listed wastes, because 
they are poisonous to the biological treatment system. The ETC 
explicitly recommends the following criterion for designating a waste 
stream ``amenable to biological treatment'': the waste must contain 
less than 1% solids, must be free of oil and grease, and must contain 
less than 10 ppm total heavy metals.
    ETC then defines ``ICR waste streams not amenable to biological 
treatment'' as: ICR wastes with constituents (from the groups listed 
above) at individual concentrations greater than 100 x F039 wastewater 
treatment standards; and ICR wastes with ``water insoluble and 
[[Page 11718]] highly volatile'' F039 constituents ``that are more 
likely to be released to air and not treated. (ETC did not indicate at 
what point these concentrations should be measured, although they did 
suggest that wastes should be segregated at ``battery limits''.)
    The ETC believes that such ``nonamenable'' wastes should either be 
required to undergo pretreatment prior to aggregation with other 
wastewaters (e.g., steam stripping of volatile compounds), or be 
required to go to other appropriate treatment (e.g., precipitation of 
metals). The ETC argues that such segregation of nonamenable wastes 
will promote pollution prevention because companies will have an 
incentive to modify raw materials or production processes to keep such 
hazardous constituents out of the waste stream.

C. Summary of the CMA's Position

    The full text of CMA's comments can be found in the administrative 
record for today's rule. This section summarizes that document. CMA 
describes ``three situations in which characteristically corrosive or 
ignitable hazardous wastes could be sent to biological treatment in 
surface impoundments without jeopardizing the treatment units 
effectiveness by introducing non-amenable compounds''. CMA implicitly 
requests that the LDR Phase III rule allow CWA-permitted biological 
treatment in the following three situations:
    (a) When the stream to the impoundment only contains hazardous 
constituents amenable to biological treatment (listed below);
    (b) When the stream contains hazardous constituents amenable to 
biological treatment plus other (nonamenable) constituents present at 
concentrations equal to some multiple (e.g., 1000) of the F039/UTS 
treatment standards in the influent to the surface impoundment; or,
    (c) The facility can demonstrate on a case-by-case basis that a 
nonamenable hazardous constituent is amenable to treatment occurring in 
the treatment system.
    CMA identifies most of the organic UTS constituents as ``amenable 
to biological treatment''. This includes all the constituents for which 
biological treatment is the basis of the F039 wastewater treatment 
standards plus a number of organic constituents generally recognized in 
the literature as biodegradable.
    The BDAT List constituents not designated by CMA as ``amenable to 
biological treatment are: all UTS metals, fluoride, sulfide and the 
volatile and semivolatile organics in the table that follows.

Nonamenable Volatile Organics

Bromodichloromethane
Carbon tetrachloride
Chloroethane
2-Chloroethyl vinyl ether
Chloroform
Chloromethane
1,2-Dibromoethane
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethylene
trans-1,2-Dichloroethene
1,4-Dioxane
Ethylene oxide
Iodomethane
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
Tribromomethane (Bromoform)
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethene
Trichloromonofluoromethane
Vinyl Chloride

Nonamenable Semivolatile Organics

Benzal chloride
2-sec-Butyl-4,6-dinitrophenol
p-Chloroaniline
Chlorobenzilate
p-Dimethylaminoazobenzene
1,4-Dinitrobenzene
4,6-Dinitro-o-cresol
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Di-n-propylnitrosamine
Isosafrole
Methapyriline
3-Methylcholanthrene
4,4'-Methylenebis (2-chloroaniline)
5-Nitro-o-toluidine
Phenacetin
Pronamide
Safrole
Methoxychlor

D. Summary of EPA's Preliminary Response to CMA's and ETC's Technical 
Concerns

    EPA presents its preliminary evaluation of three major issues that 
are raised by both CMA's and ETC's suggestions: the question of feed 
limits for land-based biological treatment units; behavior of 
nonamenable constituents in land-based biological treatment units and 
constituent-specific solubility and toxicity questions.
1. Feed Limits
    The CMA and ETC approaches both suggest constituent-specific 
limitations of decharacterized ICR waste streams entering surface 
impoundments to ensure that certain toxic constituents do not bypass 
treatment by volatilizing into the atmosphere, by adsorbing permanently 
onto sludge sediments at the bottom of the impoundment or by inhibiting 
biodegradation processes in the impoundment. The Agency agrees that all 
three of these mechanisms can hinder treatment.
    While many aspects of both the ETC and CMA positions have technical 
and regulatory merit, there appear to be fundamental technical 
disagreements that need to be resolved. First and primary is the fact 
that ETC and CMA differ on which constituents (and chemical families of 
constituents) are ``amenable'' or ``nonamenable'' to treatment. Second, 
proposing regulations requiring segregation of streams entering 
impoundments would raise the following issues:
    (a) Surface impoundments have traditionally provided an engineering 
advantage--in addition to low energy, maintenance and construction 
costs--in that, they offer a means of ``equilibrating'' and 
``equalizing'' the relatively frequent variations in chemical 
compositions of process wastes (i.e., aggregated waste streams). As 
such, they receive variable wastes in their capacity as large-volume 
holding units for process upset streams, stormwaters, spill washdown 
and other unscheduled wastewater releases. Segregation of these various 
streams would require construction of holding tanks that may not be 
able to provide the same equalization capability of an impoundment;
    (b) Mandatory analyses and separation may impose considerable added 
expense; and,
    (c) EPA, in some cases, assumed that impoundments would be used for 
these purposes by not including the costs of impoundment replacement 
when developing effluent guidelines for affected industries.
2. Technical Concern
    In theory, EPA agrees that certain RCRA waste streams should be 
kept out of certain types of Subtitle D impoundments. (Listed wastes 
already must go to Subtitle C impoundments, and High TOC D001 
ignitables, as well as high mercury wastes, are also restricted from 
Subtitle D impoundments.) In addition, in 55 FR at 22666 (June 1, 
1990), EPA presented general criteria that could affect amenable/
nonamenable determinations. All parties seem to agree that certain 
metal-bearing wastes could also be restricted from impoundments. 
However, there are additional factors that need to be considered, such 
as impoundment size, depth, temperature, and retention time. (An 
individual [[Page 11719]] organic compound is more treatable in some 
systems than in others and without information about the extent to 
which the lagoon supports aerobic and anaerobic processes we cannot 
assess how treatable these constituents are.)
    In addition, the overall composition of each waste--i.e. the entire 
matrix--must be considered in order to characterize its relative 
amenability to biological treatment. In particular, waste composition 
can enhance or inhibit a particular organic compound's amenability to 
biological destruction. Enhancement occurs, for example, if 
microorganisms can use one compound as a co-metabolite or co-substrate 
in metabolizing another. A feature story on biological treatment in the 
February 1993 issue of Environmental Science and Technology reports ``* 
* * highly chlorinated compounds such as trichloroethylene, 1,1,1-
trichloroethane and chloroform will transform under aerobic conditions 
if methane, phenol or toluene is provided as a primary source of carbon 
and energy for biological growth. However, these reactions are co-
metabolic * * *. Therefore it is important to define exact conditions 
when discussing biodegradation results.'' Inhibition occurs when one 
compound poisons the metabolic pathway by which another compound is 
otherwise degraded. The degree to which the microbial population in the 
impoundment has been acclimated to a particular constituent is a 
significant factor in determining that constituent's amenability. 
Acclimation determines the balance between inhibition and enhancement 
and is a factor to be defined in discussing biodegradation results.
    The fact that ``consortia'' of microorganisms, rather than members 
of a single bacterial strain, accomplish the degradation of complex 
molecules further complicates the extent to which a compound can 
accurately be labeled ``amenable'' (Rittman and Saez in Levin and Gealt 
Biological Treatment of Industrial and Hazardous Wastes, 1993, McGraw-
Hill, New York). The presence of different microorganisms in a 
consortium increases the number of compounds that can be degraded in 
that impoundment by virtue of the wider array of metabolic degradation 
pathways present. However, the various microbial species may require a 
narrower range of pH, dissolved oxygen and other parameters in order to 
function and may therefore be more liable to collapse and fail than a 
simpler more robust microbial strain.
    Some of the technical issues that are likely to arise include:
    (a) Biotreatment systems vary. Constituents that are amenable to 
treatment in one system may be nonamenable in another, thus an accurate 
determination of what is a nonamenable waste might have to consider 
site-by-site factors, which would present considerable problems in the 
implementation of the program. If EPA set up a more generic approach, 
other problems are likely to occur, as described below.
    (b) The ETC uses the term ``battery limits'' to describe where 
nonamenable ICR wastes should be segregated. This term, however, is 
undefined and could represent the point where the wastestream leaves 
the production equipment, or a variety of aggregation points.
    (c) What levels of constituents justify requiring segregation and 
recovery?
    (d) If EPA required segregation of nonamenable wastes from 
biological treatment impoundments, there is a very good possibility 
that facilities would merely replace the surface impoundments with RCRA 
exempt tanks. Biological treatment in tanks could have the same air 
emissions unless they are properly controlled.
    With respect to specific hazardous organic constituents, EPA is 
currently investigating whether the BDAT list of compounds could be 
ordinally ranked into a series of compounds more or less amenable to 
biological treatment, based on published treatability data. 
``Amenability'' is a continuous variable. Treatability data shows that 
some compounds are more amenable to biological degradation than are 
other compounds: there are no organic chemicals, other than polymers, 
which are absolutely resistant to biological degradation.
    Due to the technical problems associated with determining which 
wastestreams should be kept out of certain impoundment lagoons, and the 
policy concerns raised by these approaches, we are setting out these 
issues for comment in this proposed rule.
3. Constituent Properties of Concern
    The following three items are criteria ETC suggests in addition to 
individual constituent concentrations. EPA invites comments on means of 
managing these waste properties.
    a. Water solubility. EPA does not share ETC's concern that less 
soluble compounds are significantly less amenable to biological 
treatment than relatively hydrophilic compounds. For example, PCB's are 
virtually insoluble; nevertheless the literature documents cases where 
PCB's have been successfully degraded to hydrochloric acid, carbon 
dioxide and water.
    b. TC Metals. EPA believes the LDR Phase IV limitations on land 
disposal of wastes that meet the definition of toxicity based on their 
metals concentration will address ETC's and CMA's concerns about the 
inadequacy of surface impoundments for metal treatment.
    c. Toxicity. EPA solicits comments on the suggestion that P-waste 
constituents be managed as particularly toxic and thus likely to poison 
metabolic pathways in the degradation process. EPA further solicits 
comment on additional constituents or categories of constituents that 
are likely to be acutely toxic to biological treatment processes, 
rather than merely resistant to biological treatment.
    The target mass removal approach described earlier in this preamble 
can be applied to biological treatment units to determine whether 
constituents managed in the units are being effectively degraded. The 
application of this approach could address the question of wastes 
nonamenable to biotreatment. The target mass removal approach requires 
a waste determination prior to the waste entering the treatment unit, 
and either (1) a waste determination after treatment in the unit, or 
(2) a determination of the operating efficiency of the treatment unit. 
This approach has been applied to biotreatment units for at least two 
promulgated standards that regulate hazardous organic chemicals: the 
HON and the Subpart CC air rules. Comments are solicited on the 
approach to address the nonamenable waste concerns.

F. Additional Issues

    In addition to the issues raised in the section ``Summary of EPA's 
Preliminary Response'' above, there are other technical issues arising 
in developing a list of UTS constituents that are not amenable to 
biological treatment. Another issue concerns those UTS constituents for 
which biological treatment is BDAT: could a wastestream containing such 
constituents have such a high concentration of other compounds known to 
be refractory to biological treatment that biotreatment no longer 
effectively treats the constituents? A third issue considered here is 
the extent to which ``nonamenable'' constituents evade treatment by 
volatilizing into the air or by adsorbing onto sludge, in addition to 
flowing out untreated in effluent.
1. List of Hazardous Constituents
    In order to ensure that all the constituents in a decharacterized 
waste [[Page 11720]] are adequately addressed, the starting point 
should not be the BDAT list but rather the entire list of U and P, 
appendix VIII, and other toxic chemicals present in the hazardous waste 
universe. The next LDR rulemaking (``Phase IV'') will discuss the 
universe of hazardous constituents regulated by RCRA (i.e., a composite 
of the above lists) and may propose which constituents from the 
composite list are considered ``nonamenable'' or ``amenable''. Today's 
preamble, however, raises general issues associated with 
``amenability'' in order to solicit comments on specific questions. 
These questions will be addressed in LDR Phase IV. For example, the 
Phase IV proposed rule may include a discussion of quantification 
problems and the use of surrogate parameters such as BOD/COD/TOC ratios 
to assist in measuring performance where analytical methods do not 
exist.
2. Biotreatment as BDAT
    EPA has already promulgated biodegradation (BIODG) as a specified 
method of treatment for quite a few U and P waste codes that fall under 
the category that ETC has asked to be classified as ``nonamenable''. 
(For example, nitrosamines easily break down in water to nitroamines. 
Nitrogen-containing organics can typically be biodegraded. Most 
microorganisms flourish in the presence of nitrogen containing 
chemicals.) EPA has also established numerical standards for many 
chemicals based on biotreatment data. EPA is including all of the 
chemicals in both of these cases in this proposed rule and is asking 
for comment on them and seeking data that would refute or support that 
biotreatment is BDAT for these chemicals.
3. Toxics Along for the Ride
    EPA intends that the Phase IV proposed rule will expand the 
discussion on the concept of ``toxics along for the ride'' in 
biotreatment (i.e., concern about how best to regulate those toxic 
compounds that are not degraded to less toxic compounds and 
consequently pass untreated through the unit and on to land disposal). 
While the concept is environmentally attractive, in order to create a 
regulatory construct prohibiting such constituents from biotreatment, 
the Agency must consider the following constituent-specific factors:
    (a) Is the elemental composition of the chemical such that it is 
truly not ``amenable to biotreatment'' such as for metals?
    (b) Does a low rate of hydrolysis indicate low biodegradability?
    (c) Does high volatility necessarily indicate low biodegradability?
    (d) What retention time is required for biodegradation?
    (e) Is the biological system responsible for degradation of the 
compound sensitive to upsets in either the chemistry of the impoundment 
or its biocomposition?
    (f) Is the bioactivity considered ``aggressive''?
    (g) Is the constituent actually chemically treated in the 
impoundment?
    (h) Will the constituent encounter treatment after the impoundment?
    (i) Is the waste containing the constituent difficult to segregate 
from other wastes?
    (j) Does the chemical occur naturally in the surrounding soil or 
water?
    (k) Is the chemical already present in the sludge and could then be 
released by the sludge even though the influent is reduced?
    (l) Is the chemical present in other nonhazardous waste that are 
commingled with the decharacterized wastes?
    (m) Is the chemical generated at concentrations below that which is 
considered neither a chronic nor an acute health risk?
    (n) Is there an ecological risk from the inorganic composition of 
the waste such as the high salinity (dissolved solids) of most D002 
wastes?
    (o) Is the chemical a surprise presence from the use of some 
product that contains trace levels that couldn't be measured when the 
product was used (below product specifications)?
    (p) Is the chemical appearing due to corrosion of pipes and 
equipment?

G. Treatment Standard for Wastes With a High Concentration of Organics

    In the Phase II final rule (59 FR 47982, September 19, 1994), EPA 
finalized regulations prohibiting the disposal in Class I nonhazardous 
waste injection wells ignitable characteristic wastes with a high total 
organic carbon (TOC) content and toxic characteristic pesticide wastes, 
unless either the well is subject to a no-migration determination, or 
the wastes are treated by the designated the LDR treatment method. The 
treatment method promulgated was either combustion (i.e. incineration 
or fuel substitution) or recovery of organics. Today the Agency is 
raising the option of proposing the same treatment standard for 
characteristic wastes with high concentrations of organics managed in 
surface impoundments. This would result in a prohibition of these 
wastes going into biological impoundments.
    The Agency requests comment on this option, including the question 
of how to define ``high'' levels of organics that would justify 
prohibition from surface impoundments. The Agency believes this option 
provides many of the benefits of segregation of refractory 
``nonamenable'' streams with significantly lower analytical 
requirements.

VI. Treatment Standards for Newly Listed Wastes

A. Carbamates

Hazardous Wastes from Specific Sources (K Waste Codes)

K156--Organic waste (including heavy ends, still bottoms, light 
ends, spent solvents, filtrates, and decantates) from the production 
of carbamates and carbamoyl oximes.
K157--Wastewaters (including scrubber waters, condenser waters, 
washwaters, and separation waters) from the production of carbamates 
and carbamoyl oximes.
K158--Bag house dust, and filter/separation solids from the 
production of carbamates and carbamoyl oximes.
K159--Organics from the treatment of thiocarbamate wastes.
K160--Solids (including filter wastes, separation solids, and spent 
catalysts) from the production of thiocarbamates and solids from the 
treatment of thiocarbonate wastes.
K161--Purification solids (including filtration, evaporation, and 
centrifugation solids), baghouse dust, and floor sweepings from the 
production of dithiocarbamate acids and their salts. (This listing 
does not include K125 or K126.)

Acute Hazardous Wastes (P Waste Codes)

P203  Aldicarb sulfone
P127  Carbofuran
P189  Carbosulfan
P202  m-Cumenyl methylcarbamate
P191  Dimetilan
P198  Formetanate hydrochloride
P197  Formparanate
P192  Isolan
P196  Manganese dimethyldithiocarbamate
P199  Methiocarb
P190  Metolcarb
P128  Mexacarbate
P194  Oxamyl
P204  Physostigmine
P188  Physostigmine salicylate
P201  Promecarb
P185  Tirpate
P205  Ziram

Toxic Hazardous Wastes

U394  A2213
U280  Barban
U278  Bendiocarb
U364  Bendiocarb phenol
U271  Benomyl
U400  Bis(pentamethylene)thiuram tetrasulfide [[Page 11721]] 
U392  Butylate
U279  Carbaryl
U372  Carbendazim
U367  Carbofuran phenol
U393  Copper dimethyldithiocarbamate
U386  Cycloate
U366  Dazomet
U395  Diethylene glycol, dicarbamate
U403  Disulfiram
U390  EPTC
U407  Ethyl Ziram
U396  Ferbam
U375  3-Iodo-2-propynyl n-butylcarbamate
U384  Metam Sodium
U365  Molinate
U391  Pebulate
U383  Potassium dimethyl dithiocarbamate
U378  Potassium n-hydroxymethyl-n-methyldithiocarbamate
U377  Potassium n-methyldithiocarbamate
U373  Propham
U411  Propoxur
U387  Prosulfocarb
U376  Selenium, tetrakis (dimethyldithiocarbamate)
U379  Sodium dibutyldithiocarbamate
U381  Sodium diethyldithiocarbamate
U382  Sodium dimethyldithiocarbamate
U277  Sulfallate
U402  Tetrabutylthiuram disulfide
U401  Tetramethylthiuram monosulfide
U410  Thiodicarb
U409  Thiophanate-methyl
U389  Triallate
U404  Triethylamine
U385  Vernolate

    For background information on waste characterization data, data 
gathering efforts, and applicable technologies, see the Best 
Demonstrated Available Technology (BDAT) Background Document for Newly 
Listed or Identified Wastes from the Production of Carbamates and 
Organobromines.
1. Proposed Treatment Standards
    The Agency has promulgated the listing of the wastes from the 
carbamate industry specified above. The final listing was signed by the 
administrator on January 31, 1995, and published in the Federal 
Register on February 9, 1995. EPA is today proposing concentration-
based treatment standards for these wastes. The concentration limits 
for the regulated constituents are based on both existing and newly 
proposed UTS (59 FR 47982, September 19, 1994). UTS standards have 
already been promulgated for 21 of the constituents of concern for 
these waste codes (16 organic constituents and 5 metals). These 
standards were promulgated in the LDR Phase II final rule and are based 
on the following technologies: (1) Incineration was the primary basis 
for organic constituents in nonwastewaters; (2) biological treatment or 
carbon absorption was the basis for organics in wastewaters; (3) high 
temperature metal recovery and stabilization were the basis for metals 
in nonwastewaters; and (4) chemical precipitation was the basis for 
metals in wastewaters. These treatment standards were developed by 
examining essentially all the BDAT treatment data the Agency had at the 
time.
    The Agency is proposing new UTS for 42 constituents associated with 
carbamate wastes. 40 of these constituents are chemicals produced by 
this industry which may be grouped into the following categories: 
carbamates and carbamate intermediates, carbamoyl oximes, 
thiocarbamates, and dithiocarbamates. Please refer to the Background 
Document for definitions of these chemical groups and the 
categorization of these 40 chemicals. The other 2 constituents for 
which new UTS are being proposed (triethylamine, and o-phenylene 
diamine) are not carbamate products, but are hazardous constituents 
present at levels of regulatory concern in carbamate wastes. Note that 
although specific dithiocarbamate chemicals have been added to Appendix 
VII and VIII, the basis for listing K161, and the waste descriptions of 
P196, P205, U277, U366, U376-379, U381-384, U393, U396, U400-U403, and 
U407, the regulated constituent for these chemicals and codes is 
specified as ``Dithiocarbamates (total)'', because the analytical 
method for dithiocarbamates does not distinguish among specific 
dithiocarbamate constituents.
    The Agency is proposing to base the UTS for the carbamate, 
carbamate intermediate, carbamoyl oxime, dithiocarbamate, and 
thiocarbamate constituents in wastewaters on data developed by the 
Office of Water for the development of effluent guidelines, and data 
from treatability studies performed by RREL. Wastewater standards for 
carbamate and carbamoyl oxime constituents are based on data from 
alkaline hydrolysis, with the exception of thiodicarb which is based on 
biological treatment. Wastewater standards for thiocarbamates are based 
on GAC adsorption, while wastewater standards for dithiocarbamates are 
based on ozone/UV light oxidation. In cases where data were not 
available for a specific constituent, the standard has been transferred 
from the constituent with the most similar chemical structure and 
properties.
    The Agency is proposing to base the UTS for the carbamate, 
carbamate intermediate, carbamoyl oxime, thiocarbamate, and 
dithiocarbamate constituents in nonwastewaters on analytical detection 
limits compiled from sampling and analysis reports prepared to support 
the proposed listing for these wastes. Although data from the treatment 
of these constituents in nonwastewater matrices is not currently 
available, the thermal destruction technologies currently employed to 
treat these nonwastewaters can routinely achieve destruction to levels 
below the detection limit.
    In addition, the Agency is proposing UTS standards for 
triethylamine based on data transferred from the treatment of 
methapyrilene. The treatment standards for methapyrilene are 0.081 mg/l 
for wastewaters and 1.5 mg/kg for nonwastewaters. Methapyrilene was 
selected as the basis for this data transfer because it is the only 
tertiary amine for which UTS standards have been promulgated.
    Finally, the Agency is proposing UTS standards for o-
phenylenediamine based on analytical detection limits compiled from 
sampling and analysis reports prepared to support the proposed listing 
for these wastes. For the treatment standards being proposed today for 
waste codes K156-161, P127, P128, P185, P188-192, P194, P196-199, P201-
205, U271, U277, U279, U280, U364-367, U372, U373, U375-379, U381-387, 
U389-396, U400-404, U407, U409-411, see Sec. 268.40 table--Treatment 
Standards for Hazardous Wastes in the proposed amendments to the 
regulatory language.
2. Request for Comments
    In the LDR Phase II rule establishing UTS, the Agency was able to 
make modifications to the proposal, where commenters submitted data. 
The Agency strongly encourages parties affected by these proposed 
standards to submit any available treatment data for these newly 
regulated constituents; if such data become available, the Agency will 
make appropriate adjustments to these proposed standards. The Agency is 
soliciting comments, technical descriptions, and performance data 
regarding the characterization and treatability of these wastes and the 
achievability of these proposed standards. EPA is especially interested 
in any information regarding the feasibility of product recovery for 
these wastes, any available treatment data for the new constituents 
being added to the list of UTS, detection limits for these constituents 
in treatment residues, and suggestions for specified methods which 
could be alternatives to the concentration based standards proposed 
today.
    Because standards for organics are based on treatment of organic 
constituents to non-detect levels, EPA solicits comment on the use of 
constituent specific detection levels used during the testing of these 
wastes for purposes of the listing [[Page 11722]] determination. The 
Agency recognizes that there may be differences between detection 
limits prior to and after treatment. Detection levels may be lowered 
for these wastes after treatment due to the ``cleaner'' matrix. This 
data has been placed in the docket for today's proposed rule.

B. Organobromines

K140--Waste solids and filter cartridges from the production of 
2,4,6-tribromophenol.
U408--2,4,6-Tribromophenol

    For further information on waste characterization data, data 
gathering efforts, and applicable technologies, see the Best 
Demonstrated Available Technology (BDAT) Background Document for Newly 
Listed or Identified Wastes from the Production of Carbamates and 
Organobromines.
1. Proposed Treatment Standards for Organobromine Wastes
    EPA proposed to add 2,4,6-Tribromophenol to Appendix VIII of Part 
261 on May 11, 1994, and is today proposing to add this constituent to 
the list of UTS in 40 CFR 268.48. The decision to add 2,4,6-
tribromophenol to appendix VIII was based on the determination that the 
toxicities of this chemical and its chlorinated analogue, 2,4,6-
Trichlorophenol, are essentially the same, due to the Quantitative 
Structure Activity Relationship (QSAR) between these two compounds.
    Since treatment data is not currently available on 2,4,6-
tribromophenol, the Agency is proposing to set the UTS for 2,4,6-
tribromophenol based on data transferred from the treatment of 2,4,6-
trichlorophenol. The structures of 2,4,6-tribromophenol and 2,4,6-
trichlorophenol are sufficiently similar to be considered halogenated 
congeners of phenol. Both halogenated phenols contain three 
symmetrically placed bromine or chlorine substituents which are 
difficult to remove by chemical substitution. The chemical behavior and 
mechanisms of action for 2,4,6-tribromophenol is expected to be similar 
to its chlorinated analogue, 2,4,6-trichlorophenol. Thus, the Agency is 
proposing UTS standards of 7.4 mg/kg for nonwastewaters and 0.035 mg/l 
for wastewaters for 2,4,6-tribromophenol.
    The Agency is soliciting comment regarding the achievability of 
this standard by demonstrated available technologies and regarding the 
analytical detection limit of 2,4,6-tribromophenol in treatment 
residual matrices. The Agency is also soliciting any available data on 
the concentrations 2,4,6-tribromophenol in treatment residuals from the 
recovery or destruction of wastes containing 2,4,6-tribromophenol. The 
analytical method for 2,4,6-Tribromophenol is SW846 method 8270 (GC/MS 
for semivolatiles, capillary column).
2. Applicable Technology
    The lone facility which produces 2,4,6-tribromophenol wastes uses a 
Bromine Recovery Unit (BRU) to recover bromine values from organic 
liquid and vapor waste streams. In this unit, the organics are burned 
and the combustion products are removed by a wet scrubber. The BRU is a 
halogen acid furnace which meets the regulatory definition of 
industrial furnace in 40 CFR 260.10. The combustion of hazardous waste 
in industrial furnaces is regulated under 40 CFR part 266, subpart H, 
which regulates air emissions from these units and requires monitoring 
and analyses. The facility which produces 2,4,6-tribromophenol burns 
listed spent solvents and still bottoms in this BRU; therefore, it is 
already subject to the performance standards of part 266, subpart H. 
Treatment of 2,4,6-tribromophenol wastes in the BRU should be effective 
in destroying the phenolic component of 2,4,6-tribromophenol and 
providing for recovery of bromine. Based on available information, EPA 
proposes that treatment by BRU is BDAT for 2,4,6-tribromophenol wastes. 
EPA solicits comment on this assertion and on the potential 
applicability of other technologies which destroy 2,4,6-tribromophenol 
and provide recovery of bromine.

C. Aluminum Potliners (K088)

K088--Spent potliners from primary aluminum reduction.

    For background information on waste characterization, see the Best 
Demonstrated Available Technology Background Document (BDAT) for Newly 
Listed or Identified Wastes for K088, Spent Aluminum Potliners.
1. Possible Determination of Inherently Waste-Like
    Certain current and potential K088 management methods have features 
of both recycling and conventional treatment. For example, there are a 
number of management methods involving some type of combustion process 
that produce a treatment residue from which resources may be recovered 
and reused. These management methods either destroy or drive off 
cyanides and toxic organics. Nevertheless, the technologies may useful 
alternative management methods for K088 if valuable resources are 
recovered. The Agency has a long-standing preference for recovery over 
simple treatment. This position is based on the preference in RCRA for 
environmentally protective recovery versus waste treatment. Any 
consideration of relative safety must include not just the recovery 
step, but transport and storage preceding recovery, and proper 
management of all residues from recovery. RCRA section 1003(a)(6) as 
well as S. Rep. No. 284, 98th Cong. 2d sess. at 17.
    EPA is considering how best to balance the potential promise of 
spent potliner recovery technologies with their similarities to 
conventional treatment technologies, especially with respect to the 
fate of (and risks generated by) hazardous constituents present in the 
waste. The Agency would prefer to provide consistent regulatory 
requirements for these recovery as well as for conventional treatment 
technologies in order to ensure both safe recovery and treatment. 
However, the existing regulatory framework may make it difficult to 
achieve this objective. For example, many of these recovery 
technologies already could be subject to the existing regulations for 
industrial furnaces burning hazardous waste (the so-called BIF 
rules).10 See 56 FR at 7142 (Feb. 21, 1991); 50 FR at 49171-174 
(Nov. 29, 1985).

    \10\ Because the Agency is not fully aware of all of the details 
of some of the projected potliner treatment/recovery technologies, 
we cannot state at this time whether the technologies will meet the 
regulatory definition of an industrial furnace. It should be noted 
that processes recovering both energy and material values from a 
waste are subject to BIF rules, and energy recovery in an industrial 
furnace need not involve any export of energy).
---------------------------------------------------------------------------

    For K088 recovery technologies subject to BIF regulations, only 
those facilities in existence on the effective date of the BIF rules 
(August 21, 1991) could operate without first obtaining a permit. This 
could create a significant barrier to commercial operation of the 
technology in the near term. If, however, these units operate in a 
manner that does not subject them to the BIF regulations, then it is 
possible that they could operate with little or no oversight under 
RCRA.
    The regulatory classification of residues as hazardous or 
nonhazardous wastes is another area where there would be dissimilar 
requirements under current rules. For example, one company has obtained 
from EPA a delisting determination that residues from their 
conventional treatment process are at levels low enough to no longer be 
classified as listed hazardous wastes. Other companies have not 
obtained such determinations, even though they potentially could treat 
spent potliners to delisting levels. As a result, these companies face 
the cost [[Page 11723]] and time of seeking a delisting petition, or 
the cost disadvantage of disposal of all residuals as hazardous waste.
    Because of the similarities in risks, EPA is soliciting comment on 
whether there are ways to subject all of these technologies to the 
same, or nearly the same, regulatory requirements, while assuring that 
the ultimate goals of protecting human health and the environment are 
not compromised. The Agency has discussed with aluminum industry 
representatives the possibility of achieving this objective by 
designating spent aluminum potliners as inherently waste-like materials 
pursuant to 261.2(d),11 and using this designation as a triggering 
event for a determination of ``substantial confusion'' pursuant to 
270.10(e)(2), which could establish a date for eligibility for interim 
status after August 21, 1991. See generally 56 FR at 7142 making this 
type of designation and finding of ``substantial confusion'' for 
halogen acid furnaces. The Agency solicits comment on this possibility. 
The benefit of this approach would be to guarantee that these 
technologies all would be subject to a minimum level of RCRA oversight, 
especially with respect to design of storage equipment, control of air 
emissions from the process, minimum treatment standards for residuals, 
and mandatory corrective action in response to releases of hazardous 
constituents to the environment.

    \11\ The basis for such a designation would be that spent 
potliners contain cyanides and polyaromatic hydrocarbons which are 
destroyed rather than recycled, even by recovery technologies. These 
hazardous constituents are present in concentrations not ordinarily 
found in raw materials or products for which the spent potliners 
would be substituting, and the spent potliners could pose a 
substantial hazard to human health and the environment when 
recycled. The combustion process itself, for example, would seem to 
pose all of the risks the BIF rule is intended to address. Past 
storage practices for spent potliners also have led to significant 
environmental damage (although much of this storage utilized open 
piles).
    A designation of inherently waste-like, incidentally, would only 
apply to the potliners and not to legitimate products obtained by 
processing the potliner (so long as those products were not burned 
as fuels or used directly on the land). 56 FR at 7141. Another 
option, therefore, would be to designate the use of K088 in certain 
types of recycling (e.g., all processes involving thermal 
destruction of cyanide, processes that incorporate cyanide/PAHs into 
product unchanged) as inherently waste-like.
---------------------------------------------------------------------------

    In order to mitigate some of the potential delay and costs in 
complying with RCRA, EPA also requests comment on the feasibility of 
establishing uniform delisting levels for residues from processing 
spent potliners, much as it did for residues from processing K061 
wastes in high temperature metal recovery furnaces. Under this 
approach, we believe, levels would need to be established for organics, 
metals, cyanide and fluoride.
    Another possibility for assuring safe processing of the potliners 
would be to develop air emission standards for the processing units 
pursuant to section 112(d) of the Clean Air Act. This alternative would 
have to be implemented in such a way as to assure proper management of 
the potliners before processing, and satisfactory treatment and 
management of residues from the processing. EPA solicits comment on all 
of these issues.
    EPA wishes to add that its Region 10 office and the Washington 
State Department of Ecology have already evaluated the spent potliner 
recovery process used by one vender (Enviroscience). Washington State 
determined that it is an excluded recycling process, and EPA Region 10 
determined that the process is not required to meet emission standards 
for BIFs, provided the process is conducted pursuant to certain 
conditions.\12\ In light of the existing industry reliance on this 
determination, any decision made regarding designation of spent 
potliners in this rulemaking would not change the specific decisions 
concerning the Enviroscience process that have been completed to date.

    \12\These evaluations were conducted at the express, voluntary 
request of Enviroscience.
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2. Overview of Today's Proposal
    EPA is proposing treatment standards for K088 expressed as the 
maximum concentration of specific constituents that would be allowed 
for land disposal. The tables at the end of this section summarize the 
constituents proposed for regulation and the maximum allowable 
concentrations. These maximum concentrations are the UTS for metals, 
cyanides, and other organics that were developed in the LDR Phase II 
final rule. These standards are based on a variety of technologies as 
follows: (1) Alkaline chlorination was the basis for the cyanide 
wastewater standards; (2) alkaline chlorination of the wastewater to 
destroy the cyanide prior to the generation of the nonwastewater 
residual was the basis for the cyanide nonwastewater standard; (3) 
incineration was the primary basis for other organic constituents in 
nonwastewaters; (4) biological treatment or carbon absorption was the 
basis for organics in wastewaters; (5) high temperature metal recovery 
and stabilization were the basis for metals in nonwastewaters; (6) 
chemical precipitation was the basis for fluorides and metals in 
wastewaters; and (7) immobilization through either vitrification or the 
addition of calcium as a stabilization reagent was the basis for 
fluorides in nonwastewaters.
    These treatment standards were developed by examining essentially 
all the BDAT treatment data the Agency had at the time. The Agency is 
also proposing new nonwastewater treatment standards based on leachate 
tests for fluoride. The leach tests must be conducted using the TCLP 
(SW-846 Method 1311 as described in 40 CFR Part 261, Appendix II). 
These leach standards were developed by the Agency when granting a 
delisting for certain K088 wastes. The treatment standard for fluoride 
wastewaters is taken from the UTS promulgated in the LDR Phase II final 
rule. More information on the development of these treatment standards 
can be found in the docket to today's rule.
    Treatment and recycling technologies such as mineral wool cupolas, 
metallurgical processes, iron and steel industrial furnaces, and other 
recovery and recycling technologies should be able to meet the proposed 
standards. K088 treatment data from Reynolds Metals, Comalco Aluminum 
Ltd., Ormet Corporation and the EPA Combustion Research Facility (CRF) 
show that K088 can be treated to meet the UTS. Because EPA is proposing 
numerical treatment standards, any recycling or treatment technologies 
can be used as long as the treatment standards are met by actual 
treatment, rather than impermissible dilution. More discussion on these 
various technologies is presented later in this preamble.
    a. Proposed Regulated Constituents. EPA is proposing to regulate 
the following constituents: acenapthene, 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-cd)pyrene, phenanthrene, pyrene, antimony, arsenic, 
barium, beryllium, cadmium, chromium, lead, mercury, nickel, selenium, 
silver, cyanide and fluoride. Based on the available waste 
characterization data (see Best Demonstrated Available Technology 
Background Document (BDAT) for Newly Listed or Identified Wastes for 
K088, Spent Aluminum Potliners found in the docket to this rule for 
details), these constituents were found to be present in either the 
untreated K088 wastes or in the K088 treatment residuals at levels 
exceeding the UTS. See the proposed delisting of K088 for Reynolds 
Metals at 56 FR 33004 and 33005, July 19, 1991, and the corresponding 
docket for that [[Page 11724]] rulemaking. See also the docket for 
today's proposal for more data on constituent concentrations in 
untreated and treated K088. EPA is specifically requesting comment on 
regulating the phthalates: bis (2-ethylhexyl) phthalate, di-n-butyl 
phthalate and di-n-octyl phthalate. These constituents can show up in 
the untreated potliner and the treated residue; however, there is some 
question that their presence may simply be due to lab contamination.
    Treatment technologies for K088 are also designed to recover or 
stabilize the fluoride. Therefore, EPA is proposing to regulate 
fluoride in K088 in order to ensure that the fluoride is actually 
recovered or that it is properly treated. Fluoride is also being 
regulated because of its toxicity and the high concentrations found in 
untreated K088 (see Tables 2 and 3 in 56 FR 33004 (July 19, 1991)--the 
proposed delisting of K088 generated by Reynolds Aluminum Company). If 
a treatment standard is promulgated for fluoride, the Agency will add 
fluoride to the UTS for K088. EPA has some data on the toxicity of 
fluoride (see the docket for today's proposed rule), and is in the 
process of gathering more information. For more information on 
regulated constituents see the Best Demonstrated Available Technology 
Background Document (BDAT) for Newly Listed or Identified Wastes for 
K088, Spent Aluminum Potliners found in the docket to this rule.
    Section 3004(d)(1), (e)(1), and (g)(5) require that land disposal 
of hazardous wastes is prohibited unless a prohibition is no longer 
warranted to protect human health and the environment. EPA reads this 
language to require that land disposal may still be prohibited after 
treatment of hazardous constituents if the waste might still pose 
substantial hazards due to presence of other constituents or 
properties. 56 FR at 41168 (August 19, 1991); NRDC v. EPA, 907 F. 2d 
1146, 1171-72 (D.C. Cir. 1990) (dissenting opinion). These hazards 
could be posed due to lack of treatment of other constituents in the 
waste, in this case, fluoride. It should be noted that this action is 
consistent with previous Agency actions, since EPA regulated fluoride 
in the delisting granted to treatment residues from the Reynolds Metals 
treatment process, and also regulates discharge of fluorides in the CWA 
effluent limitation guidelines for the primary aluminum subcategory. 
Consequently, the Agency is proposing a treatment standard for fluoride 
to assure that ultimate disposal of treated K088 is protective.
    EPA is proposing treatment standards for fluoride, as well as the 
hazardous constituents contained in the waste. Flouride is present in 
these wastes in very high concentrations: upwards of 10%. Untreated 
concentrations of this magnitude can cause significant adverse effects 
to human health and the environment if improperly land disposed. The 
Agency requests comment on whether fluoride should be added to Appendix 
VIII, as well.
    b. Specific Companies Investigating K088 Recovery/Treatment 
Technologies. It has been mentioned earlier that there are numerous 
technologies either available or being developed that recycle or 
recover the value (carbon, fluoride, etc.) in K088. Some of these 
technologies are described below. This is by no means a comprehensive 
discussion on those technologies, but rather is intended to give the 
public some idea of treatment options that are, or may be, available. 
These technologies or companies are only those of which the Agency has 
been made aware. EPA has placed in the RCRA Docket of this proposed 
rule all the recycling/treatment studies, as well as literature and 
videos submitted to the Agency on the various technologies. The EPA 
requests comment and data on these technologies and any other recycling 
or recovery technologies applicable to K088.
     Enviroscience, Inc. (ESI) has completed a pilot plant 
demonstration sponsored by Kaiser Aluminum, Vanalco and Columbia Falls 
Aluminum Company. Their process uses K088, K061 (electric arc furnace 
dust) and F006 (electroplating sludges) to produce zinc oxide, mineral 
wool fiber and pig iron. The K088 is first formed into briquettes and 
then heated to approximately 3000 F in a furnace, with lime and silica 
being added to attain an optimal acid:base ratio for proper fiber 
formation. The carbon and the cyanide from the potliner are used to 
reduce the metals in the K061 and F006. The non-reducible metal oxides 
are spun into a mineral wool from the molten slag.
     Alcan International Limited has developed a Low Caustic 
Leach and Liming hydrometallurgical process to treat K088. This process 
converts the fluorides to acid grade fluorspar and recovers the sodium 
and aluminum as sodium aluminate and caustic feed to be used in 
aluminum smelter operations. Alcan claims that the remaining brick and 
carbon fraction constitutes a high ash solid fuel whose reduced sodium 
content enhances its value as a chemical reducing agent.
     Ormet Corporation has used a pilot-scale melting system 
vitrification process to treat K088 wastes. The process involves the 
rapid suspension heating of the waste and other additives in a 
preheater prior to physical and chemical melting which occur within a 
cyclone reactor. Ormet has submitted a petition to the EPA requesting a 
delisting of their residues from this process. They intend to scale-up 
this plant upon receiving a delisting of their waste. They claim the 
process produces a nonhazardous reusable product with the qualities of 
industrial glass that can be used as glass insulation material, roofing 
shingle granules or in the manufacture of tiles.
     Comalco Aluminum Ltd. (CAL), an Australian company, has 
developed the Comtor process, which is a full-scale calcination process 
which thermally destroys the cyanide in K088. This process also 
recovers the fluoride and carbon values in K088 by using 
hydrometallurgical techniques with lime dewatering. The precipitate can 
be used as a fluxing agent or in cement making. The caustic liquor may 
be recycled to the alumina plant or can be used as a scrubbing agent. 
Comalco has plans to upgrade their plant to 10,000 ton/yr and build a 
second plant in New Zealand. They have a licensing agreement with Aisco 
Systems of Canada to commercialize the technology.
     Elkem Technology is a Norwegian company which has done 
bench-scale testing consisting of smelting K088 along with iron ore to 
produce pig iron and a slag which they hope to get delisted. The 
process uses the carbon in K088 to act as a reducing agent and destroy 
the cyanides and other toxic organics, while rendering all other 
constituents immobile in a glassified, inert slag. For each ton of 
K088, they produce 0.85 ton of iron. Elkem plans a demonstration plant 
in the U.S. next year. They also plan to pilot a process to recover 
fluoride from the molten slag.
     Ausmelt Limited is an Australian company which has 
performed pilot scale tests using their submerged lance technology, 
which is a pyrometallurgical process, to destroy the toxic constituents 
in K088 and produce a stable slag. Fluorides are recovered for re-use 
in the aluminum smelting process. Ausmelt has plans to build a facility 
which could process approximately 15,000 tons per year of K088.
    For more specific information on these technologies, see the Best 
Demonstrated Available Technology Background Document (BDAT) for Newly 
Listed or Identified Wastes for K088, Spent Aluminum Potliners.
    For the treatment standards being proposed today for K088, see 
Sec. 268.40 table-- Treatment Standards for [[Page 11725]] Hazardous 
Wastes in the proposed amendments to the regulatory language. For 
performance data supporting these standards, see the aforementioned 
K088 Background Document.

VII. Improvements to the Existing Land Disposal Restrictions Program

    A major part of today's rule is designed to improve the quality and 
efficiency in the LDR program. Areas that are addressed in this 
proposed rule include: Completion/adjustments to UTS and expansion/
consolidation of certain required methods of treatment.

A. Completion of Universal Treatment Standards

    Today's rule proposes further streamlining and simplification of 
the LDR treatment standards based on the UTS promulgated in the LDR 
Phase II final rule (59 FR 47982, September 19, 1994). The proposed 
modifications apply to: (1) all UTS and therefore to all hazardous 
wastes regulated with numerical treatment standards included in the UTS 
as summarized in the Consolidated Standards Table at Sec. 268.40, and 
(2) the numerical treatment standards proposed for carbamate, 
organobromine and spent aluminum potliner wastes. These proposed 
changes to UTS therefore extend to all F-, K-, U- and P- waste codes 
with individually regulated constituents plus ignitable, corrosive, 
reactive and characteristically toxic wastes with underlying hazardous 
constituents.
1. Expansion to Cover All Components of Newly Listed Wastes (Carbamates 
and Organobromines)
    A number of constituents regulated with numerical treatment 
standards in certain waste codes are not represented in UTS. EPA lacked 
adequate data to cover all the BDAT List with UTS in the LDR Phase II 
final rule and today the Agency is proposing numerical treatment 
standards for additional constituents in carbamate and organobromine 
wastes which are not yet on the current BDAT List. These 43 
constituents are:

A2213
Aldicarb sulfone
Barban
Bendiocarb
Bendiocarb phenol
Benomyl
Butylate
Carbaryl
Carbenzadim
Carbofuran
Carbofuran phenol
Carbosulfan
Cycloate
Dimetilan
Dithiocarbamates (total)
EPTC
Formetanate hydrochloride
Formparanate
m-Cumenyl methylcarbamate
Isolan
Methiocarb
Methomyl
Metolcarb
Mexacarbate
Molinate
Oxamyl
Pebulate
o-Phenylenediamine
Physostigmine
Physostigmine salicylate
Promecarb
Propham
Propoxur
Prosulfocarb
Diethylene glycol, dicarbamate
Thiodicarb
Thiophanate-methyl
Tirpate
Triallate
2,4,6-Tribromophenol
Triethylamine
3-Iodo-2-propynyl n-butylcarbamate
Vernolate

    The proposed UTS for these constituents can be found in Sec. 268.48 
of today's proposed rule.
2. UTS for Constituents in Wastewater and Nonwastewater Forms
    For a number of constituents, there exist UTS in wastewater forms 
of wastes but none in nonwastewaters. EPA believes that these 
constituents should be controlled in both sets of waste streams 
associated with a given waste code. This enhances consistent and 
complete treatment. The organic constituents for which EPA has 
promulgated wastewater UTS but no nonwastewater UTS include acrolein, 
4-aminobiphenyl, aramite, chlorobenzilate, 2-chlorovinylethyl ether, 
1,2-diphenylhydrazine, ethylene oxide, methyl methanesulfonate, p-
dimethylaminoazobenzene, and 2-naphthylamine.
    Today's rule requests comment on potential UTS values for these 
constituents in nonwastewaters. Although EPA does not have definitive 
treatability data on hand at the time of proposal, EPA believes that 
nonwastewater UTS for these constituents would close gaps in the 
current LDR framework and ensure adequate treatment of all waste 
streams.
    a. Nonwastewaters.
     (i) The Environmental Technology Council Data. EPA is soliciting 
comment on the treatment standards originally proposed, but not 
promulgated, in the Third Third F039 standards for acrolein, 4-
aminobiphenyl, chlorobenzilate, p-dimethylaminoazobenzene, aramite, and 
2-naphthylamine. EPA had withdrawn these as constituents of 
nonwastewater forms of F039 following comments from the ETC that these 
were analytically problematic. Specifically, in a study reporting 
detection limits and spike recoveries in incinerator ash from the 
combustion of hazardous wastes (as analyzed by six different 
laboratories), ETC reported anomalous levels of detection limits or 
spike recoveries for these compounds. Detection limits and spike 
recoveries are of concern because the numerical treatment standard for 
any constituent in incinerator ash is equal to the product of the 
detection limit times the accuracy correction factor, the inverse of 
the percent recovery times a variability factor representing the extent 
of the data.
    ETC reported detection limits and percent recovery values for 
acrolein, p-dimethylaminoazobenzene (p-DAB), 4-aminobiphenyl (4AB), 
aramite, chlorobenzilate (CB), methylmethanesulfonate (MMS) and 2-
naphthylamine (2NA), and also for dibenzo(a,e)pyrene (DBP). The 
detection limit results are labeled LIMITS A-F to represent the six 
different laboratories and the percent recovery results are similarly 
labeled % REC A-F to represent the six different laboratories. These 
data, together with the complete ETC investigations for the Third Third 
proposed rule and the subsequent pesticide study are available for 
inspection in the RCRA Docket for the LDR Phase II final rule.

                                                               Table 1.--Detection Limits                                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Constituent                                         
                          Limit                           ----------------------------------------------------------------------------------------------
                                                            Acrolein      p-DAB       4-AB       Aramite       CB         DBP         MMS        2-NA   
--------------------------------------------------------------------------------------------------------------------------------------------------------
A........................................................       0.029        1.82       6.94        17.18       4.87     9999          2.438      12.561
B........................................................    9999            3.2     9999          614.43       8.29     9999          1.85       26.82 
C........................................................       0.161        9.43      26.89       243.05       7.98       18.72       2.3         6.96 
D........................................................    9999            1.38      14.06         4.52       2.61     9999          0.75        2.214
[[Page 11726]]                                                                                                                                          
                                                                                                                                                        
E........................................................    9999           48.26       0.065        2.37      11.34     9999       9999           2.43 
F........................................................    9999            1.78      14.18      9999         10.53     9999          1.37     9999    
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                               Table 2.--Percent Recovery                                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Constituent                                         
                          % Rec                           ----------------------------------------------------------------------------------------------
                                                            Acrolein      p-DAB       4-AB       Aramite       CB          DBP         MMS        2-NA  
--------------------------------------------------------------------------------------------------------------------------------------------------------
A........................................................       1.6         36         13.661        5.47     138.04         0          50.7        8.77
B........................................................       0          118.87     473.41        79.23     175.85         0          63.54     125.48
C........................................................       1.954       40.77      34.95       120.34     105.99        27.34      100.38      18.73
D........................................................       0          126.74       1.69         0.11     160.43         0          74.11       3.98
E........................................................       0          134.65      31.54        80        247.725        0           0          8.89
F........................................................       0          558.13      17.55       330.24     436.82         0          33.31       3.08
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Although ETC reports relatively few detection limits for acrolein, 
the consistently problematic low recoveries, all below 2% were the 
basis of EPA's concern in the Third Third rule. Similarly, 
dibenzo(a,e)pyrene exhibits extremely and consistently low recoveries 
while several detection limits are missing from the report. Aramite 
exhibited several extremely high detection limits plus an erratic set 
of percent recoveries ranging from very high to very low. The other 
four constituents, p-dimethylaminoazo-
benzene, 4-aminobiphenyl, chlorobenzilate and 2-naphthylamine show a 
pattern of generally high detection limits and high recoveries, with 
much variation in recoveries and with several significantly high values 
in each set. The methylmethanesulfonate data were supplied by ETC 
despite the fact that EPA did not propose a nonwastewater standard for 
this constituent in the Third Third rule; this data is presented here 
for completeness and to stimulate comment on the development of today's 
proposed methylmethanesulfonate nonwastewater standard discussed below.
    (ii) EPA's Treatability Data Detection Limits and Recoveries. High 
or erratic detection limits and recoveries are of concern to EPA. For 
both parameters, high values indicate a barrier to quantification and 
erratic values indicate unreliable quantification.
    Analysis of the fourteen EPA incinerator burns used to generate 
nonwastewater treatability data shows both a narrower range of 
detection limits and lower values of detection limits than the ETC 
study achieved. The following table presents the ranges of detection 
limits achieved.
    In generating treatability data for listed hazardous wastes EPA 
undertook a series of fourteen incinerator burns. Analysis of ash from 
these burns provided the numerical basis for nonwastewater standards. 
Detection limit data were obtained from the ash itself for all 
constituents. However, recovery levels were determined for only a 
handful of constituents. After these recoveries were determined by 
spiking ash with the selected constituents and measuring the percentage 
of the spike which was recovered, these recovery values were 
transferred to chemically similar constituents and incorporated into 
the nonwastewater treatment standard calculations. EPA generally 
rejected recoveries ranging outside the 20% to 200% range following the 
guidance of the BDAT program's Quality Assurance Project Plan.

      Original EPA Nonwastewater Incinerator Burn Detection Limits      
------------------------------------------------------------------------
                                                Detection     Detection 
                                                limits for   limits for 
                EPA test burn                    volatile   semivolatile
                                                 organics     organics  
------------------------------------------------------------------------
Test #1......................................     0.1-10.0     0.11-10.0
Test #2......................................     0.2-50.0      0.08-5.0
Test #3......................................    0.05-10.0     0.01-10.1
Test #4......................................     2.0-10.0      2.0-50.0
Test #5......................................    a2.0-50.0      0.5-10.0
Test #6......................................    b0.2-50.0       0.4-7.0
Test #7......................................      c2.0-20         0.2-5
Test #8......................................    0.025-2.0      1.0-10.0
Test #9......................................    0.005-0.4      0.42-4.0
Test #10.....................................      c1.5-30      1.00-5.0
Test #11.....................................    0.005-0.4     0.531-4.0
Test #13.....................................     0.01-2.0      0.36-1.8
Test #14.....................................     a0.010-2     0.36-1.8 
------------------------------------------------------------------------
aExcluding one outlier out of 40 analytes.                              
bExcluding five outliers out of 40 analytes.                            
cExcluding two outliers out of 40 analytes.                             

    (iii) Solicitation of Treatability Data. EPA solicits additional 
treatability and analytical data concerning nonwastewater forms of 
these constituents. By taking comment on whether to promulgate 
nonwastewater standards for these constituents, EPA is reopening the 
discussion of the issues of detection limits and recoveries raised by 
ETC in the comments following the Third Third proposal. EPA opens the 
question of whether advances in detectability, notably the use of HLPC 
(high pressure liquid phase chromatography) may allow reliable 
measurement. EPA also solicits comment whether more reliable recovery 
values have been achieved for these constituents, and at what detection 
level are reliable results achieved.
     (iv) Additional Potential Nonwastewater UTS Based on Treatability 
Groups. EPA is also soliciting comment on potential treatment standards 
for 2-chlorovinyl ether, 1,2-diphenylhydrazine, ethylene oxide and 
methyl methanesulfonate based on the Treatability Group categories 
outlined in the LDR Phase II Final Background Document for Universal 
Standards, Volume A, Universal Standards for Nonwastewater Forms of 
Listed Hazardous Wastes. Specifically, for each of the constituents 
listed above, EPA is considering as potential UTS the lowest 
nonwastewater treatment standard for the treatability group to which 
that constituent belongs.
    Treatability groups collect the UTS constituents into sets of 
chemically similar compounds with similar behavior in treatment 
processes and analytical instruments. UTS for nonwastewater UTS are 
based on the detection limits of that compound in incinerator ash. 
Since these detection limits reflect the constituent's ``fate and 
transport'' in the analytical unit according to its chemical structure 
and composition, transferring treatability data among members of 
treatability groups accounts for similarities in analytical 
quantification as well as in treatment.

                            Nonwastewater UTS                           
------------------------------------------------------------------------
                                                              NW UTS (mg/
                          Compound                                l)    
------------------------------------------------------------------------
Acrolein....................................................        2.8 
4-Aminobiphenyl.............................................       13   
Aramite.....................................................        2.5 
Chlorobenzilate.............................................        6.6 
2-Chlorovinyl ether.........................................        5.6 
Dibenz(a,e)pyrene...........................................       22   
1,2-Diphenylhydrazine.......................................        1.5 
Ethylene oxide..............................................        0.75
Methyl methanesulfonate.....................................        4.6 
p-Dimethylaminoazobenzene...................................       29   
2-Naphthylamine.............................................       15   
------------------------------------------------------------------------

    (v) UTS for Sulfide in Nonwastewater Form.
    EPA is soliciting treatability data for nonwastewater forms of 
sulfide. In the absence of treatability data for this inorganic ion in 
nonwastewater matrices, EPA is not proposing treatment standards but is 
requesting treatability and analytical data on which to develop a 
standard.
    (vi) UTS for Fluoride in Nonwastewater Form.
    EPA is today proposing a 48 mg/l as the UTS for the fluoride ion 
identical to that proposed today for fluoride in K088 nonwastewaters. 
The basis of the K088 standard is discussed in the section of today's 
preamble proposing treatment standards for K088 wastes. Today's 
proposed fluoride nonwastewater UTS, like the K088 fluoride standard, 
is based on the use of SW-846 leachate method 1311. Fluoride, like 
zinc, is not an underlying hazardous constituent in characteristic 
wastes, according to the definition at Sec. 268.2(i).
    b. Wastewaters. Additionally, today's rule proposes a wastewater 
treatment standard for 1,4-dioxane. 1,4-Dioxane is the only UTS 
constituent for which EPA had promulgated a nonwastewater standard but 
not a wastewater standard. Commenters reported analytical difficulties 
in quantifying 1,4-dioxane at the wastewater standard proposed in the 
LDR Phase II UTS (0.12 mg/l); this standard was based on a transfer 
from ethyl ether. EPA consequently withdrew that standard in the LDR 
Phase II final rule. The docket for today's rule includes treatability 
data submitted by one such commenter.
    Today's rule proposes a wastewater UTS of 0.22 mg/l for 1,4-
dioxane. This standard is being proposed as the maximum daily limit for 
1,4-dioxane in the proposed effluent guidelines for the pharmaceuticals 
industry, based on the performance of steam stripping followed by 
biological treatment.
    EPA also solicits comment on a wastewater standard for 1,4-dioxane 
of 8.67 mg/l, followed by biological treatment. The basis of this 
alternative standard is treatability data for distillation, which was 
developed for the proposed pharmaceutical effluent guidelines. The data 
supporting this standard represents a transfer of distillation 
performance data with methanol to 1,4-dioxane.13 [[Page 11727]] 

    \13\ At the time of signature of this rule, further data on 
these effluent guidelines were forthcoming. This additional data, if 
not available at the time of publication of this rule, will be made 
available shortly thereafter.

                             Wastewater UTS                             
------------------------------------------------------------------------
                         Compound                              WW UTS   
------------------------------------------------------------------------
1,4-Dioxane..............................................  0.22 mg/l    
------------------------------------------------------------------------

3. Application to Listed Waste
    a. Wastewater-nonwastewater pairs. There are several cases where a 
constituent is regulated in wastewater forms of particular listed 
wastes with UTS but not in nonwastewater and a nonwastewater UTS exists 
for these constituents, having been promulgated in LDR Phase II. For 
these constituents, EPA proposes to extend the UTS to nonwastewaters, 
and vice versa. In other words, in cases where the 40 CFR 268.40--Table 
of Treatment Standards for Hazardous Wastes lists a numerical treatment 
standard for a constituent in one form of a listed waste but not in the 
other, today's rule proposes the UTS as the standard for the other 
form. This section of today's rule does not propose new UTS, rather it 
extends existing UTS to gaps in the media-specific standards for 
individual constituents in listed wastes. An example is K019 where p-
dichlorobenzene, fluorene and 1,2,4,5-tetrachlorobenzene are regulated 
with UTS in wastewater forms of K019 but are not regulated--indicated 
in the Consolidated Table as ``NA''--in nonwastewater forms of K019. 
Today's rule proposes filling in these ``NA's'' for p-dichlorobenzene, 
fluorene and 1,2,4,5-tetrachlorobenzene in nonwastewater for K019 with 
the UTS and similarly applying UTS in other cases where UTS now apply 
to a constituent in either wastewaters and nonwastewaters but do not 
apply to both. The gaps between wastewater and nonwastewater coverage 
for individual constituents in listed wastes occurred because the 
Agency decided on a waste code-by-waste code basis whether to include 
constituents in wastewater, nonwastewater or both forms of a waste. EPA 
now believes that applying UTS to wastewaters and nonwastewaters 
consistently ensures treatment of regulated constituents regardless of 
the physical form of the waste or the waste treatment residual 
regulated under the ``derived-from'' rule.
    The following tables show those regulated constituents, by waste 
code, where either a wastewater or a nonwastewater UTS is added by 
today's proposal.

------------------------------------------------------------------------
                                                              Wastewater
 Waste code                     Constituent                    standard 
                                                                (mg/l)  
------------------------------------------------------------------------
F006........  Silver........................................      0.43  
F007........  Cadmium.......................................      0.69  
              Silver........................................      0.43  
F008........  Cadmium.......................................      0.69  
              Silver........................................      0.43  
F009........  Cadmium.......................................      0.69  
              Silver........................................      0.43  
F011........  Cadmium.......................................      0.69  
              Silver........................................      0.43  
F012........  Cadmium.......................................      0.69  
              Silver........................................      0.43  
F038........  Nickel........................................      3.98  
[[Page 11728]]                                                          
                                                                        
K018........  Pentachloroethane.............................      0.055 
K030........  Hexachlorpropylene............................      0.035 
              Pentachlorobenzene............................      0.055 
              Pentachloroethane.............................      0.055 
K035........  Acenaphthene..................................      0.059 
              Anthracene....................................      0.059 
              Dibenz(a,h)anthracene.........................      0.055 
              Fluorene......................................      0.068 
              Indeno(1,2,3-cd)pyrene........................      0.0055
K048........  Nickel........................................      3.98  
K049........  Nickel........................................      3.98  
K050........  Nickel........................................      3.98  
K051........  Nickel........................................      3.98  
K052........  Nickel........................................      3.98  
K061........  Antimony......................................      1.9   
              Arsenic.......................................      1.4   
              Barium........................................      1.2   
              Beryllium.....................................      0.82  
              Mercury.......................................      0.15  
              Selenium......................................      0.82  
              Silver........................................      0.43  
              Thallium......................................      1.4   
              Zinc..........................................      2.61  
P013........  Barium........................................      1.2   
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                 Nonwastewater standard 
 Waste code              Constituent             (mg/kg unless otherwise
                                                         noted)         
------------------------------------------------------------------------
F001-5......  Carbon disulfide................  4.8 (mg/l TCLP)         
              Cyclohexanone...................  0.75 (mg/l TCLP)        
              Methanol........................  0.75 (mg/l TCLP)        
F037........  Acenaphthene....................  3.4                     
              Fluorene........................  3.4                     
              Lead............................  0.37 (mg/l TCLP)        
F038........  Fluorene........................  3.4                     
              Lead............................  0.37 (mg/l TCLP)        
F039........  Acetonitrile....................  38                      
              Acrolein........................  2.8                     
              4-Aminobiphenyl.................  13                      
              Aramite.........................  2.5                     
              Carbon disulfide................  4.8 (mg/l TCLP)         
              Chlorobenzilate.................  6.6                     
              2-Chloro-1,3-butadiene..........  0.28                    
              Cyclohexanone...................  0.75 (mg/l TCLP)        
              Dibenz(a,e)pyrene...............  22                      
              Diphenylamine/                    13                      
               diphenylnitrosamine.                                     
              1,2-Diphenylhydrazine...........  1.5                     
              Ethylene oxide..................  0.75                    
              Methanol........................  0.75 (mg/l TCLP)        
              Methyl methanesulfonate.........  4.6                     
              2-Naphthylamine.................  15                      
              N-Nitrosodimethylamine..........  2.3                     
              Phthalic anhydride..............  28                      
              tris-(2,3-                        0.10                    
               Dibromopropyl)phosphate.                                 
              Beryllium.......................  0.014 (mg/l TCLP)       
              Fluoride........................  48                      
              Thallium........................  0.078 (mg/l TCLP)       
              Vanadium........................  0.23 (mg/l TCLP)        
K006........  Lead............................  0.37 (mg/l TCLP)        
K018........  Chloromethane...................  30                      
K019........  p-Dichlorobenzene...............  6.0                     
              Fluorene........................  3.4                     
              1,2,4,5-Tetrachlorobenzene......  14                      
K028........  Cadmium.........................  0.19 (mg/l TCLP)        
K030........  o-Dichlorobenzene...............  6.0                     
              p-Dichlorobenzene...............  6.0                     
K048........  Fluorene........................  3.4                     
              Lead............................  0.37 (mg/l TCLP)        
K049........  Carbon disulfide................  4.8 (mg/l TCLP)         
              2,4-Dimethylphenol..............  14                      
[[Page 11729]]                                                          
                                                                        
              Lead............................  0.37 (mg/l TCLP)        
K050........  Lead............................  0.37 (mg/l TCLP)        
K051........  Acenaphthene....................  3.4                     
              Fluorene........................  3.4                     
              Lead............................  0.37 (mg/l TCLP)        
K052........  2,4-Dimethylphenol..............  14                      
              Lead............................  0.37 (mg/l TCLP)        
K083........  Cyclohexanone...................  0.75 (mg/l TCLP)        
K086........  Cyclohexanone...................  0.75 (mg/l TCLP)        
              Methanol........................  0.75 (mg/l TCLP)        
K101........  Cadmium.........................  0.19 (mg/l TCLP)        
              Lead............................  0.37 (mg/l TCLP)        
              Mercury.........................  0.025 (mg/l TCLP)       
K102........  Cadmium.........................  0.19 (mg/l TCLP)        
              Lead............................  0.37 (mg/l TCLP)        
              Mercury.........................  0.025 (mg/l TCLP)       
P003........  Acrolein........................  2.8                     
P056........  Fluoride........................  48                      
U038........  Chlorobenzilate.................  6.6                     
U042........  2-Chloroethyl vinyl ether.......  5.6                     
U093........  p-Dimethylaminoazobenzene.......  29                      
U134........  Fluoride........................  48                      
U168........  2-Naphthylamine.................  15                      
------------------------------------------------------------------------

    b. Elimination of Redundant Methods of Treatment. Several 
constituents had been regulated with UTS in one medium (wastewaters or 
nonwastewaters) but were regulated with a method of treatment in the 
other as alternatives, namely P022 carbon disulfide (nonwastewaters), 
U003 acetonitrile (nonwastewaters), U057 cyclohexanone 
(nonwastewaters), U108 1,4-dioxane (wastewaters and nonwastewaters), 
U110 1,2-diphenylhydrazine (wastewaters), U115 ethylene oxide 
(wastewaters), U154 methanol (wastewaters and nonwastewaters). The LDR 
Phase II proposal did not suggest that the specified methods be 
replaced with the UTS. However, in comments received on the proposal, 
commenters requested that EPA apply the UTS to these wastes. Because 
EPA had not specifically proposed such a change, the LDR Phase II final 
rule allowed both the specified method or the UTS.
    EPA believes that the UTS are appropriate so that the alternative 
specified method is now unnecessary. Numerical treatment standards, 
such as UTS, ensure treatment more reliably than do standards expressed 
as methods of treatment because the target concentrations allow for 
verification that the waste has been treated. Consequently, EPA intends 
to replace required methods of treatment with numerical standards 
whenever possible. EPA believes UTS for these constituents provides 
such an opportunity. Therefore today's rule proposes to eliminate the 
alternative methods of treatment and establishes UTS for both 
wastewater and nonwastewater constituents.
4. Revision to the Acetonitrile Standard
    a. The acetonitrile nonwastewater standard. EPA reviewed the 
constituent-specific standard for acetonitrile nonwastewaters, and 
believes that this standard should be raised from 1.8 mg/kg to 38 mg/
kg. The 1.8 mg/kg standard, which was based on incineration, is not 
consistent with treatment data and standards for other structurally 
related organo-nitrogen UTS compounds. For example, the nonwastewater 
treatment standard for both acrylonitrile and methacrylonitrile is 84 
mg/kg. The nonwastewater standards for ethyl methacrylate and methyl 
methacrylate are 160 mg/kg.
    Acetonitrile is one of the compounds singled out by the ETC as 
being problematic to analyze for in combustion residues (i.e., 
nonwastewaters). In response to the Third Third Rulemaking, the ETC had 
submitted data from which they calculated a method detection limit of 
6.678 mg/kg for other combustion residues.
    The Agency is soliciting data and comment specifically on the 
analytical achievability of the 1.8 mg/kg acetonitrile nonwastewater 
standard in combustion residues and the ability of non-combustion 
technologies to achieve the 1.8 mg/kg and the proposed standard of 38 
mg/kg for acetonitrile in nonwastewaters.
    b. Revoking the special wastewater/nonwastewater definition for 
acrylonitrile wastes. The Agency also recognizes that K011/13/14 
nonwastewaters could consist of over 90% water, and that wastewater 
treatment is an appropriate means of treating these wastes. For the 
above reasons, the Agency is proposing to revise the treatment standard 
for acetonitrile in nonwastewaters to 38 mg/kg based on the existing 
treatment data, which comes from treating K011/13/14 wastes containing 
greater than 1% TOC by steam stripping. (See the background documents 
for K011/13/14 nonwastewaters in the Second Third Final Rule Docket and 
the background documents for K011/13/14 ``wastewaters'' in the Third 
Third Final Rule Docket).
5. Aggressive Biological Treatment as BDAT for Petroleum Refinery 
Wastes
    EPA solicits comment whether to specify aggressive biological 
treatment as the treatment standard for decharacterized petroleum 
refining wastewaters. Aggressive biological treatment is defined in 
Sec. 261.31(b)(2) as one of the following four processes: activated 
sludge, trickling filters, rotating biological contactors or high-rate 
mechanical aeration. The American Petroleum Institute (API) has 
submitted data to the Agency on ten of its facilities using aggressive 
biological treatment. Along with the data API requested that EPA 
specify aggressive biological treatment as the treatment standard for 
their wastes. Such a standard, which would operate in lieu of UTS, may 
reduce the monitoring burden. EPA [[Page 11730]] solicits comment on 
proposing aggressive biological treatment as BDAT for these wastes. 
However, because monitoring is required under CWA permits, EPA is also 
soliciting comment on whether a reduction in the number of constituents 
monitored is significant. The data which API submitted demonstrate that 
aggressive biological treatment in the industry may consistently meet 
UTS. There was one observation, however, for which a constituent 
exceeded UTS, and other observations which involved detection limits 
which exceeded UTS. This data is available in the docket for today's 
rule.

B. Dilution Prohibition

    Under the existing LDR dilution prohibition (40 CFR 268.3), burning 
inorganic metal-bearing hazardous wastes can be a form of impermissible 
dilution. On May 27, 1994, the Assistant Administrator for the Office 
of Solid Waste and Emergency Response issued a Statement of Policy 
which clarified this point (59 FR 27546-7). Today the Agency is 
proposing to codify and quantify these principles.
1. Dilution Prohibited as a Method of Treatment
    Under RCRA, the LDR prohibition on dilution states generally that 
no person ``shall in any way dilute a restricted waste * * * as a 
substitute for adequate treatment to achieve compliance with (a 
treatment standard for that waste)''. 40 CFR 268.3(a). This prohibition 
implements the requirement of section 3004(m) of RCRA, which requires 
that hazardous constituents in hazardous wastes be destroyed, removed 
or immobilized before these wastes can be land disposed. Hazardous 
constituents are not destroyed, removed or immobilized if they are 
diluted. CWM v. EPA, 976 F.2d at 16, 17, 19-20; see also S. Rep. No. 
298, 98th Cong. 1st Sess. 17 (1983) (``the dilution of wastes by the 
addition of other hazardous waste or any other materials during waste 
handling, transportation, treatment or storage is not an acceptable 
method of treatment to reduce the concentration of hazardous 
constituents'').
    Consistent with these authorities, the Agency has stated that the 
dilution prohibition serves one chief purpose--``to ensure that 
prohibited wastes\14\ are treated by methods that are appropriate for 
that type of waste.'' (55 FR 22532, June 1, 1990). Impermissible 
dilution can occur under a number of circumstances. The most obvious is 
when solid wastes are added to a prohibited waste to reduce 
concentrations but not volumes of hazardous constituents, or to mask 
their presence. Impermissible dilution also may occur when wastes not 
amenable to treatment by a certain method (i.e., treated very 
ineffectively by that treatment method) are nevertheless `treated' by 
that method (55 FR 22666, June 1, 1990) (biological treatment does not 
effectively remove toxic metals from wastes; therefore, prohibited 
wastes with treatment standards for metals ordinarily would be 
impermissibly diluted if managed in biological treatment systems 
providing no separate treatment for the metals). See also 52 FR at 
25778-79 (July 8, 1987) (impoundments which primarily evaporate 
hazardous constituents do not qualify as section 3005(j)(11) 
impoundments which may receive otherwise-prohibited hazardous wastes 
that have not met the treatment standard).

    \14\A ``prohibited'' hazardous waste is one which is actually 
subject to a prohibition on land disposal without first being 
treated, or disposed in a no-migration unit. See 54 FR 36968 (Sept. 
6, 1989).
---------------------------------------------------------------------------

    This proposed rule gives a general distinction between ``adequate 
treatment'' and potential violations of the dilution prohibition. The 
Agency has evaluated the listed wastes and has determined that 43 of 
the RCRA listed wastes (as set forth in 40 CFR 261) typically appear to 
be such inorganic hazardous wastes; i.e., they typically do not contain 
organics, or contain only insignificant amounts of organics, and are 
not regulated for organics\15\. BDAT for these inorganic, metal-bearing 
listed wastes is metal recovery or stabilization. Thus, impermissible 
dilution may result when these wastes are combusted.

    \15\To the extent that these wastes or residues of these wastes 
(i.e., biological treatment sludges) contain significant organic 
content, combustion may be an appropriate treatment technology. See 
later discussion regarding this point.
---------------------------------------------------------------------------

    This proposed rule reflects the Agency's concerns about the hazard 
presented by toxic metals in the environment. When an inorganic metal-
bearing hazardous waste with insignificant organics is placed in a 
combustion unit, legitimate treatment for purposes of LDR ordinarily is 
not occurring. No treatment of the inorganic component occurs during 
combustion, and therefore, metals are not destroyed, removed, or 
immobilized. Since there are no significant concentrations of organic 
compounds in inorganic metal-bearing hazardous wastes, it cannot be 
maintained that the waste is being properly or effectively treated via 
combustion (i.e., thermally treated or destroyed, removed, or 
immobilized).
    In terms of the dilution prohibition, if combustion is allowed as a 
method to achieve a treatment standard for these wastes, metals in 
these wastes will be dispersed to the ambient air and will be diluted 
by being mixed in with combustion ash from other waste streams. 
Adequate treatment (stabilization or metal recovery to meet LDR 
treatment standards) has not been performed and dilution has occurred. 
It is also inappropriate to regard eventual stabilizing of such 
combustion ash as providing adequate treatment for purposes of the 
LDRs. Simply meeting the numerical BDAT standards for the ash fails to 
account for metals in the original waste stream that were emitted to 
the air and for reductions achieved by dilution with other materials in 
the ash. (In most cases, of course, the metal-bearing wastes will have 
been mixed with other wastes before combustion, which mixing itself 
could be viewed as impermissible dilution).
    These inorganic, metal-bearing hazardous wastes should be and are 
usually treated by metal recovery or stabilization technologies. These 
technologies remove hazardous constituents through recovery in 
products, or immobilize them, and are therefore permissible BDAT 
treatment methods.
    There are eight characteristic metal wastes; however, only wastes 
that exhibit the TC as measured by both the TCLP and the EP for D004-
D011 are presently prohibited (see 55 FR 22660-02, June 1, 1990). 
Characteristic wastes, of course, cannot be generically characterized 
as easily as listed wastes because they can be generated from many 
different types of processes. For example, although some characteristic 
metal wastes do not contain organics or cyanide or contain only 
insignificant amounts, others may have organics or cyanide present 
which justify combustion, such as a used oil exhibiting the TC 
characteristic for a metal. Thus, it is difficult to say which D004-
D011 wastes would be impermissibly diluted when combusted, beyond 
stating that as a general matter, impermissible dilution would occur if 
the D004-D011 waste does not have significant organic or cyanide 
content but is nevertheless combusted.
2. Permissible Dilution
    EPA ordinarily would not consider the following hazardous wastes to 
contain ``significant organic or cyanide content'', for which 
combustion would otherwise be impermissible dilution (the Agency is 
adding criteria beyond that included in the May 27, 1994 policy 
memorandum to clarify situations raised in comments received). 
Combustion of the following inorganic metal-bearing wastes is therefore 
not [[Page 11731]] prohibited under the LDR dilution prohibition: (1) 
Wastes that, at the point of generation, or after any bona fide 
treatment such as cyanide destruction prior to combustion, contain 
hazardous organic constituents or cyanide at levels exceeding the 
constituent-specific treatment standard for UTS; (2) organic, debris-
like materials (e.g., wood, paper, plastic, or cloth) contaminated with 
an inorganic metal-bearing hazardous waste; (3) wastes that, at point 
of generation, have reasonable heating value such as greater than or 
equal to 5000 Btu/lb (see 48 FR 11157, March 16, 1983); (4) wastes co-
generated with wastes that specify combustion as a required method of 
treatment; (5) wastes, including soil, subject to Federal and/or State 
requirements necessitating reduction of organics (including biological 
agents); and (6) wastes with greater than 1% Total Organic Carbon 
(TOC). An ``inorganic metal-bearing waste'' is one for which EPA has 
established treatment standards for metal hazardous constituents, and 
which does not otherwise contain significant organic or cyanide 
content. (See 40 CFR Appendix XI proposed in today's rule for a list of 
waste codes which EPA tentatively believes satisfies this definition.) 
The foregoing six categories of waste typically would contain 
sufficient organic content to indicate that combustion can be a 
reasonable means of treating the wastes prior to land disposal. EPA 
solicits comments on whether there are other inorganic wastes that 
would technically justify combustion as a means of complying with BDAT. 
For example, are there metal bearing organic wastes or complexing 
agents not covered by the above criteria that prevent effective 
stabilization of metals due to the presence of unregulated organics? 
However, as noted above, mixing practices such as fuel blending to add 
organics to inorganic metal-bearing hazardous wastes ordinarily would 
be considered to be impermissible dilution. This is because, under 
current rules, the dilution prohibition applies at the point a 
hazardous waste is generated. CWM v. EPA 976 F.2d at 22-3; see also 48 
FR 11158, 11159 and nn. 2 and 4 (March 16, 1983); 53 FR at 522 (Jan. 8, 
1988) determinations of legitimacy of recycling are made on a waste-by-
waste basis before any blending occurs.
    The Agency is aware of a practice within the foundry industry that 
recycles foundry sand by thermally oxidizing impurities. It is EPA's 
view that this process would violate the policy against combustion of 
inorganics, unless the foundry sand being oxidized contains toxic 
organic constituents or has a significant organic component (as 
described above).
3. Cyanide-Bearing Wastes and Combustion
    A commenter questioned why EPA allows the presence of cyanide to 
justify combustion when there are adequate alternative treatment 
methods. This approach was adopted because cyanide is destroyed by 
combustion. Existing LDR rules, in many cases, identify combustion as 
an appropriate BDAT for destruction of cyanide-bearing wastes. The May 
27, 1994 policy statement did not change BDAT determinations and thus 
reflected that combustion could be appropriate for destroying certain 
cyanide-bearing wastes. EPA, however, solicits comments on whether the 
cyanide criterion should be dropped.
    While cyanide is effectively treated in combustion devices, EPA has 
received comments that non-combustion technologies such as alkaline 
chlorination are available to effectively treat metal bearing wastes 
that contain cyanide and that BDAT for these wastes should not include 
combustion. EPA solicits comments on the relative effectiveness and 
risks of combustion versus alkaline chlorination in treating cyanides 
in inorganic metal bearing wastes.
4. Table of Inorganic Metal Bearing Wastes
    The table being proposed in 40 CFR part 268, Appendix XI today 
indicates the list of waste codes for which EPA regulates only metals 
and/or cyanides that would be affected by this proposed rule. Except 
for P122, this list is identical to the list originally published in 
the aforementioned Policy Statement on this subject. The Agency is 
removing P122 (Zinc Phosphide greater than 10%) from the list of 
restricted inorganic metal-bearing wastes, because the Agency has 
previously promulgated a treatment standard of INCIN for the 
nonwastewater forms of this waste. See 40 CFR 268.40. The policy memo 
was in error on this point. The Agency solicits comment on this issue, 
particularly with respect to costs associated with the segregation of 
these wastes.
5. The Addition of Iron Dust To Stabilize Characteristic Hazardous 
Wastes: Potential Classification as Impermissible Dilution
    The Agency has become aware that certain industries may be adding 
iron dust or iron filings to some characteristic hazardous wastes as a 
form of treatment. For example, foundries are known to mix iron dust or 
filing with the D008 waste sand generated from their spent casting 
molds, viewing this practice as a form of stabilization. The Agency 
believes, however, that such stabilization is inadequate to minimize 
the threats posed by land disposal of metal-containing hazardous 
wastes, and is today proposing to clarify that this waste management 
practice is ``impermissible dilution'' under 40 CFR 268.3, for reasons 
discussed below.
    In particular, when iron dust or filings are added to a 
characteristic waste foundry sand, it is considered ``treatment'' under 
the definition in 40 CFR 260.10. Nevertheless, the Agency does not 
believe it to be adequate treatment; rather, it is merely the addition 
of material as a substitute for adequate treatment, and thus 
constitutes impermissible dilution. See Sec. 268.3(b), 54 FR at 48494 
(Nov. 1989), and 55 FR at 22532 (June 1, 1990). The Agency believes it 
is unlikely that any chemical reactions are taking place when iron dust 
or iron filings are added, because the waste foundry sand would likely 
contain only lead, silica, microscopic pieces of castings, and binders 
(clays, phenols, and tars) from the molds. The Agency does not believe 
that simply adding iron would provide treatment for either the lead or 
the organics (i.e., phenol and tar).
    While it is arguable that iron could form temporary, weak, ionic 
complexes with silica and/or phenate, so that when analyzed by the TCLP 
test the lead appears to have been stabilized, the Agency believes that 
this ``stabilization'' is temporary, based upon the nature of the 
complexing. In fact, a report prepared by EPA on Iron Chemistry in Lead 
Contaminated Materials (Feb. 22, 1994), which specifically addressed 
this issue, found that iron lead bonds are weak, adsorptive surface 
bonds, and therefore not likely to be permanent. Furthermore, as this 
iron-rich mixture is exposed to moisture and oxidative conditions over 
time, interstitial water would likely acidify, which could potentially 
reverse any temporary stabilization, as well as increase the 
leachability of the lead from the foundry sand. Therefore, the addition 
of iron dust or filings to characteristic waste foundry sand does not 
appear to provide long-term treatment.
    Another related concern is that the addition of iron has been 
demonstrated to result in false negatives for lead when wastes are 
analyzed by means of the [[Page 11732]] TCLP.16. This significant 
interference with the analytical method for detecting lead, in 
conjunction with the concerns about the temporary nature of any 
stabilization that would occur, fully supports identifying this 
practice as impermissible dilution or otherwise failing to satisfy the 
requirements of RCRA section 3004(m) to minimize short- and long-term 
threats to human health and the environment. Comments and data are 
solicited on whether this type of stabilization is effective in 
achieving long-term treatment. Comments and data are also solicited on 
whether a test method other than the TCLP is more appropriate for 
measuring compliance for this waste.

    \16\See memo from John V. Cignatta, Datanet to John Gauthier, 
EPA Region 1, dated September 8, 1992.
---------------------------------------------------------------------------

D. Expansion of Methods Requiring Incineration

    EPA is proposing to modify the treatment standard expressed as 
INCIN, which specifies hazardous waste incineration, to, CMBST, which 
allows combustion in incinerators and boilers and industrial furnaces. 
The INCIN requirement was set before EPA had issued air emission 
requirements for boilers and industrial furnaces (BIFs). Now that BIF 
regulations are in place, the need to constrain treatment to one type 
of combustion device is no longer appropriate. With the development of 
innovative technologies, EPA also solicits comment on whether the 
Catalytic Extraction Process, for which Molten Metal Technology 
received a determination of equivalent treatment under 
Sec. 268.42(b)17, should also be allowed for all wastes which have 
a treatment standard of CMBST, and whether there are other technologies 
which are equivalent to CMBST.

    \17\The Catalytic Extraction Process, used by Molten Metal 
Technology, involves a molten metal bath, with temperatures around 
3000 deg.F, into which liquid wastes are injected, and solid wastes 
are fed with a carrier gas (Ar). The process treats the wastes in a 
high temperature reduction environment, which reduces the compounds 
to their elemental state. The metallic, inorganic ceramic, and 
gaseous phases which result are then reused, or purified and 
released.
---------------------------------------------------------------------------

E. Clean Up of 40 CFR Part 268

    EPA is proposing further changes to the LDR program to achieve the 
goal of simplified regulations. The Agency is committed to improving 
the LDR program by implementing participant suggestions from the LDR 
Roundtable held on January 12-14, 1993.
    The LDR requirements are found, primarily, in 40 CFR Part 268. EPA 
intends to remove language that is out-of-date, and to clarify language 
which may be confusing, in an effort to make the LDR program easier to 
understand, implement, and enforce. This effort will continue in the 
LDR Phase IV rule, scheduled for proposal in June 1995.
1. Section 268.8
    Section 268.8 stated that First and Second Third wastes for which 
EPA did not promulgate treatment standards by their respective 
effective dates could continue to be disposed of in landfill and 
surface impoundment units until May 8, 1990 (see 55 FR 22526). Because 
treatment standards for all scheduled wastes were promulgated in the 
Third Third rule in 1990, these ``soft hammer'' requirements are no 
longer necessary. Therefore, Sec. 268.8 is proposed to be removed from 
part 268.
2. Sections 268.10-268.12
    The purpose of Subpart B of Sec. 268 was to set out a schedule for 
hazardous wastes by the date when treatment standards were to be 
established. Sections 268.10, 268.11, and 268.12 of Subpart B included 
the First Third, Second Third, and Third Third scheduled wastes 
respectively. Deadlines in all three of these sections were met on 
time, and the wastes are subject to treatment standards. Therefore, 
these three sections are no longer necessary, and are proposed to be 
removed.
3. Section 268.2(f)
    The existing wastewater definition found in Sec. 268.2(f) includes 
wastes that have less than 1% TOC and less than 1% TSS. There are three 
exceptions given to this definition: (1) F001-F005 wastewaters have no 
criteria for TSS, and must contain less than 1% solvent constituents, 
(2) K011, K013, K014 wastewaters must contain less than 5% TOC and less 
than 1% TSS, and (3) K103 and K104 wastewaters must contain less than 
4% TOC and less than 1% TSS. With the promulgation of UTS in the LDR 
Phase II final rule (59 FR 47982, September 19, 1994), such 
distinctions are inconsistent and an unnecessary complication of the 
regulations. While such initial classifications may have had some 
meaning, after effective BDAT treatment the residuals are appropriately 
regulated by the wastewater or nonwastewater limit as specified by the 
1% TOC and TSS criteria. The Agency is therefore proposing to remove 
paragraphs (1)-(3) from Sec. 268.2(f).

VIII. Proposed Prohibition of Hazardous Waste as Fill Material

    EPA is also proposing today to amend the LDR rules so as to 
prohibit the placement of hazardous waste as a fill material unless the 
prohibited waste is treated so that short- and long-term threats have 
been minimized. By ``fill material'', the Agency means uses18 of 
waste as a substitute for low grade material (such as sand or dirt) to 
raise the level of land, occupy space, or otherwise fill in 
depressions. Hazardous waste includes, of course, any waste that is 
identified or listed as hazardous under Sec. 261.3, and so includes 
wastes (such as residues from treating listed wastes) that are 
hazardous by virtue of the mixture and derived-from rules. The result 
of this rule, if finalized, would thus be to confirm that such uses are 
prohibited and therefore illegal unless the fill area is a regulated 
unit (i.e., a subtitle C landfill).

    \18\Incidentally, the term ``use'' here has no specific meaning 
other than the normal dictionary definition. It is not meant to 
connote the phrase ``used or reused'' found in Sec. 261.1(c)(5), 
which is a term of art for determining the scope of the exclusion in 
Sec. 261.2(e)(1) (i) and (ii).
---------------------------------------------------------------------------

    EPA in fact already interprets current rules as ordinarily 
providing a similar result. In the preamble to the May 19, 1980 rules 
establishing the subtitle C hazardous waste management program, EPA 
stated that an exemption from regulation for legitimate recycling 
activities does not apply to ``sham uses and recovery or reclamation--
e.g. `landfilling' or `land reclamation'''. 45 FR at 33093. In the 
April 4, 1983 Federal Register Notice proposing a separate regulatory 
regime for hazardous wastes legitimately recycled in a manner 
constituting disposal (ultimately promulgated as 40 CFR 260.20-.23), 
the Agency stated that this provision would not apply to hazardous 
wastes used as fill material, the specific example provided being 
``waste stabilization processes where the stabilized material is then 
used as fill.'' 48 FR at 14985. The Agency further stated that it was 
``convinced that these waste treatment operations are not production 
processes and can therefore be regulated as waste management.'' Id.
    The reasons for the Agency's interpretation are evident. The wastes 
are being put into the environment without any safeguards to prevent 
exposure. Hazardous constituents can migrate into the environment and 
reach human and environmental receptors by any number of direct 
pathways, including inhalation, dermal contact, surface runoff, and 
leaching to groundwater. Indirect exposure pathways exist as well.
    The amended rule, if adopted, would prohibit the use of hazardous 
waste as fill material, and add a conforming amendment to 
Sec. 266.20(b) stating that [[Page 11733]] disposal of hazardous waste 
as fill material is not a type of use constituting disposal subject to 
the special standards of Part 266 subpart C, but rather disposal plain 
and simple, and hence illegal unless occurring in a regulated unit; or, 
as explained below, if the prohibited waste can be shown to be treated 
to satisfy section 3004(m). Section 3004(m) of the statute states that 
EPA is to establish ``levels or methods of treatment, if any, which 
substantially reduce the likelihood of migration of hazardous 
constituents from the wastes so that short-term and long-term threats 
to human health and the environment are minimized.'' (Emphasis added). 
In this case, the Agency is unable to determine any level of treatment 
of hazardous wastes which can guarantee the requisite minimization of 
short-term and long-term threats when prohibited hazardous wastes are 
used as fill material.
    Because there are no specifications or constraints on placement of 
fill material, reliable assessments pose particular uncertainties and 
difficulties. These uncertainties relate to release, transport, and 
ultimate exposure, and include uncertainties regarding release 
mechanisms, types and amounts of hazardous constituents released due to 
potential waste variability, location of human and environmental 
receptors, and transport mechanisms. cf. HWTC III, 886 F. 2d at 1362-
63. The existing LDR treatment standards do not fully address these 
potential problems for at least two reasons. First, the LDR standards 
are technology-based, not risk-based standards. Second, for metal 
hazardous constituents, the LDR standards do not regulate the total 
metal content of hazardous wastes. Total metal content is relevant to 
many possible exposure pathways when hazardous waste is used as fill 
material, including inhalation and direct ingestion pathways. See also 
59 FR at 43499 (August 24, 1994), where EPA made similar findings with 
respect to use of hazardous waste K061 as anti-skid or deicing material 
(uses which are better defined, and hence more assessable, than use as 
fill material). Similarly, this type of disposal does not appear to 
satisfy the ultimate protectiveness standard in sections 3004 (d), (e), 
and (g) (which requires that disposal of hazardous waste that meets a 
treatment standard must nevertheless still be protective, taking into 
account enumerated uncertainties--including long-term uncertainties 
associated with the persistence, toxicity, mobility, and propensity to 
bioaccumulate--of land disposed hazardous waste and hazardous 
constituents). See 56 FR at 41168 (August 19, 1991), adopting this 
standard, which was first articulated in NRDC v. EPA, 907 F. 2d 1146, 
1171-2 (D.C. Cir. 1990) (dissenting opinion).
    EPA is not, in this notice, proposing to prohibit other uses of 
hazardous waste that involve placement on the land. Thus, hazardous 
waste presently placed on the land as fill material can be diverted to 
a less risky, more acceptable activity. See 59 FR 8583 (Feb. 23, 1994) 
noting availability of safer alternatives as justification for the 
then-proposed prohibition on non-encapsulated uses of hazardous waste 
K061. Nor would the agency preclude the possibility that particular 
types of prohibited waste could be used as fill material, provided that 
it can be established that threats to human health and the environment 
have been minimized, taking into account all of the statutorily-
enumerated uncertainties cited above.
    In a recent proposed rule on the product use of High Temperature 
Metal Recovery slags derived from K061, F006, and K062 hazardous waste, 
the Agency initially evaluated the risks that result from a variety of 
uses of these slags, including use as road subbase, an ingredient in 
cement and asphalt, top grade material for roads, etc. (59 FR 67256, 
December 29, 1994). While this evaluation considered the possible 
release and transport of waste constituents, the uses examined did not 
include the unrestricted use of the waste-derived product as fill 
material. Use as fill could result in placement of the waste residual 
in almost any location, including a residential setting. Therefore, an 
evaluation of the risks posed by use of waste-derived products as fill 
would need to consider the potential for direct exposure to receptors 
located on-site (e.g., direct ingestion or inhalation of the material), 
in addition to the potential for movement of the material off-site to 
other receptors. Such an evaluation would need to consider at a minimum 
the volume of material used as fill, the levels of toxic constituents 
in the material (both total and leachable), the placement site and 
proximity to receptors, and activity at the site that would promote 
release, transport, and exposure. Indirect exposure pathways also could 
be relevant, particularly for hazardous wastes containing 
bioaccumulative hazardous constituents (including dioxins and 
dibenzofurans).

IX. Capacity Determinations

A. Introduction

    This section summarizes the results of the capacity analysis for 
the wastes covered by this proposal. For background information on data 
sources, methodology, and a summary of each analysis, see the 
Background Document for Capacity Analysis for Land Disposal 
Restrictions, Phase III--Decharacterized Wastewaters, Carbamate and 
Organobromine Wastes, and Spent Potliners, found in the docket for 
today's rule.
    In general, EPA's capacity analysis methodologies focus on the 
amount of waste to be restricted from land disposal that is currently 
managed in land-based units and that will require alternative treatment 
as a result of the LDRs. The quantity of wastes that are not managed in 
land-based units (e.g., wastewaters managed only in RCRA exempt tanks, 
with direct discharge to a POTW) is not included in the quantities 
requiring alternative treatment as a result of the LDRs. Also, wastes 
that do not require alternative treatment (e.g., those that are 
currently treated using an appropriate treatment technology) are not 
included in these quantity estimates.
    EPA's decisions on whether to grant a national capacity variance 
are based on the availability of alternative treatment or recovery 
technologies. Consequently, the methodology focuses on deriving 
estimates of the quantities of waste that will require either 
commercial treatment or the construction of new on-site treatment 
systems as a result of the LDRs--quantities of waste that will be 
treated adequately either on site in existing systems or off site by 
facilities owned by the same company as the generator (i.e., captive 
facilities) are omitted from the required capacity estimates.19

    \19\Traditionally, capacity analyses have focused on the demand 
for alternative capacity once existing on-site capacity and captive 
off-site capacity have been accounted for. However, for some of the 
wastes at issue in this rule it may not be feasible to ship wastes 
off site to a commercial facility. In particular, facilities with 
large volumes of wastewaters may not readily be able to transport 
their waste to treatment facilities. Alternative treatment for these 
wastes may need to be constructed on site.
---------------------------------------------------------------------------

B. Capacity Analysis Results Summary

    For the decharacterized ICR and TC wastes managed in CWA, CWA-
equivalent, and Class I injection well systems, EPA estimates that 
between 3.5 and 15 billion tons will be affected as a result of today's 
proposal. EPA believes that some affected facilities need time to build 
treatment capacity for these wastes, as wastewater volumes 
[[Page 11734]] generally make off-site treatment impractical. EPA has 
determined that sufficient alternative treatment capacity is not 
available, and today is proposing to grant a two-year national capacity 
variance for decharacterized wastewaters.
    EPA estimates that approximately 90,000 tons of newly listed wastes 
included in today's proposal will require alternative treatment. In 
particular, approximately 4,500 tons of carbamate wastes (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, U407, U409-U411) will require alternative treatment. Less than 
100 tons of organobromine wastes (K140, U408) are expected to require 
alternative treatment capacity. In addition, 85,000 tons of spent 
aluminum potliners (K088) will require alternative treatment capacity. 
Sufficient commercial capacity exists to manage all of these wastes, so 
EPA is not proposing to grant a national capacity variance for these 
wastes.
    The quantities of radioactive wastes mixed with wastes included in 
today's proposal are generated primarily by the U.S. Department of 
Energy. EPA estimates that 820 tons of high-level waste and 360 tons of 
mixed low-level waste that may be affected by this proposal will be 
generated annually by DOE. In addition, there are currently 7,000 tons 
of high-level waste, 10 tons of mixed transuranic waste, and 2,700 tons 
of mixed low-level waste in storage that may be affected by this 
proposal. DOE currently faces treatment capacity shortfalls for high-
level wastes and mixed transuranic wastes. Although DOE does have some 
available treatment capacity for mixed low-level wastes, most of this 
capacity is limited to treatment of wastewaters with less than one 
percent total suspended solids and is not readily adaptable for other 
waste forms. DOE has indicated that it will generally give treatment 
priority to mixed wastes that are already restricted under previous LDR 
rules. Therefore, EPA is proposing to grant a two-year national 
capacity variance to radioactive wastes mixed with the hazardous wastes 
affected by today's proposal.
    Table 1 lists each RCRA hazardous waste code for which EPA is today 
proposing LDR standards. For each code, this table indicates whether 
EPA is proposing to grant a national capacity variance for land-
disposed wastes.20 Also, EPA is proposing to grant a three month 
national capacity variance for all wastes in this proposed rule to 
handle logistical problems associated with complying with the new 
standards. EPA is soliciting comment on these variance determinations.

                           Table 1.--Variances for Newly Listed and Identified Wastes                           
                            [``Yes'' Indicates EPA is Proposing to Grant a Variance]                            
----------------------------------------------------------------------------------------------------------------
                                                                       Surface-disposed      Deep well-injected 
                         Waste description                                  wastes                 wastes       
----------------------------------------------------------------------------------------------------------------
Ignitable Wastes\1\(D001).........................................  YES..................  YES.                 
Corrosive Wastes\1\ (D002)........................................  YES..................  YES.                 
Reactive Wastes\1\ (D003).........................................  YES..................  YES.                 
Newly Identified Pesticide Wastes\2\ (D012-D017)..................  YES..................  YES.                 
Newly Identified TC Organic Wastewaters (D018-D043)...............  YES..................  YES.                 
Spent Aluminum Potliners (K088)...................................  NO...................  NO.                  
Carbamate Production Wastes (K156-K161, P127, P128, P185, P188-     NO...................  NO.                  
 P192, P194, P196-P199, P201-P205, U271, U277-U280, U364-U367,                                                  
 U372, U373, U375-U379, U381-U387, U389-U396, U400-U404, U407,                                                  
 U409-U411).                                                                                                    
Organobromine Wastes (K140, U408).................................  NO...................  NO.                  
Mixed Radioactive Wastes\3\.......................................  YES..................  YES.                 
----------------------------------------------------------------------------------------------------------------
\1\The variance determinations listed here apply only to decharacterized wastewaters managed in CWA, CWA-       
  equivalent, and SDWA systems.                                                                                 
\2\The variance determinations listed here apply only to newly identified decharacterized D012-D017 wastewaters 
  managed in CWA, CWA-equivalent, and SDWA systems.                                                             
\3\The variance determinations given listed apply only to radioactive wastes mixed with decharacterized D001-   
  D003 or newly identified D012-D017 wastes managed in CWA, CWA-equivalent, and SDWA systems; to radioactive    
  wastes mixed with newly identified TC organic wastewaters; and to radioactive wastes mixed with spent aluminum
  potliners, carbamate production wastes, or organobromine production wastes.                                   

    EPA is also proposing in this notice to prohibit placement of 
hazardous waste as fill material. To the extent this can be viewed as a 
new prohibition (which, given EPA's consistent interpretation that this 
activity should be occurring in regulated units, is unclear), EPA would 
not propose any type of capacity variance. Hazardous waste treatment 
residues satisfying LDR standards can be land disposed in subtitle C 
units, and there is no shortage of such disposal capacity. In addition, 
there may be opportunities for recycling hazardous waste treatment 
residues presently placed as fill (such as use in asphalt, cement, or 
as light weight aggregate) which would provide adequate capacity.

    \20\The term ``land-disposed wastes'' denotes wastes that are 
managed in land-based units at any time during the waste's storage, 
treatment, or disposal.
---------------------------------------------------------------------------

C. Requests for Comment

    EPA is soliciting general comment and data on sources, quantities, 
and management practices of characteristic wastes, as well as presence 
and quantities of underlying hazardous constituents, from facilities 
managing their wastes using Subtitle D surface impoundments (CWA), or 
subsequent land disposal of treated wastewaters (CWA-equivalent), or 
Class I nonhazardous injection wells, or tanks. EPA requests specific 
information from facilities managing de minimis ICRT wastes, including 
information on waste sources, quantities, and management practices, as 
well as underlying hazardous constituents.
    EPA requests specific information on volumes of carbamate and 
organobromine wastes that are recycled, mixed with, or co-managed with 
other wastes, and the volumes and types of residuals that are generated 
by the various management practices applicable to these wastes. EPA is 
also soliciting information, including quantities, management 
practices, and waste characteristics, for soil and debris contaminated 
with carbamate and/or organobromine wastes. EPA also seeks comments 
from the aluminum industry on volumes of K088 generated and future 
management of this waste.
    EPA is soliciting specific data on reactive wastes which are 
deactivated [[Page 11735]] using processes that may cause explosions, 
including quantities, management practices, and waste characteristics, 
and is requesting data for mixed TC/radioactive wastes which are 
deepwell injected.

X. State Authority

A. Applicability of Rules in Authorized States

    Under section 3006 of RCRA, EPA may authorize qualified States to 
administer and enforce the RCRA program within the State. Following 
authorization, EPA retains enforcement authority under sections 3008, 
3013, and 7003 of RCRA, although authorized States have primary 
enforcement responsibility. The standards and requirements for 
authorization are found in 40 CFR Part 271.
    Prior to HSWA, a State with final authorization administered its 
hazardous waste program in lieu of EPA administering the Federal 
program in that State. The Federal requirements no longer applied in 
the authorized State, and EPA could not issue permits for any 
facilities that the State was authorized to permit. When new, more 
stringent Federal requirements were promulgated or enacted, the State 
was obliged to enact equivalent authority within specified time frames. 
New Federal requirements did not take effect in an authorized State 
until the State adopted the requirements as State law.
    In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), new 
requirements and prohibitions imposed by HSWA take effect in authorized 
States at the same time that they take effect in nonauthorized States. 
EPA is directed to carry out these requirements and prohibitions in 
authorized States, including the issuance of permits, until the State 
is granted authorization to do so. While States must still adopt HSWA-
related provisions as State law to retain final authorization, HSWA 
applies in authorized States in the interim.
    Today's rule is being proposed pursuant to sections 3004 (d) 
through (k), and (m), of RCRA (42 U.S.C. 6924(d) through (k), and (m)). 
It is proposed to be added to Table 1 in 40 CFR 271.1(j), which 
identifies the Federal program requirements that are promulgated 
pursuant to HSWA and that take effect in all States, regardless of 
their authorization status. States may apply for final authorization 
for the HSWA provisions in Table 1, as discussed in the following 
section of this preamble. Table 2 in 40 CFR 271.1(j) is also modified 
to indicate that this rule is a self-implementing provision of HSWA.
    EPA's proposal to prohibit hazardous waste as fill material is also 
a HSWA regulation. It implements RCRA sections 3004 (d), (e), (g)(5), 
and (m), which provisions require EPA to prohibit all land disposal of 
hazardous waste that is not capable of being done in a manner that is 
protective and that minimizes short-term and long-term threats to human 
health and the environment from hazardous waste disposal. See also 59 
FR 43499 (August 24, 1994), which is a HSWA rule prohibiting K061 as 
anti-skid/de-icing material and implements these same LDR provisions. 
Consequently, this provision, if enacted, would be effective 
immediately in authorized states.

B. Effect on State Authorization

    As noted above, EPA is today proposing a rule that, when final, 
will be implemented in authorized States until their programs are 
modified to adopt these rules and the modification is approved by EPA. 
Because the rule is proposed pursuant to HSWA, a State submitting a 
program modification may apply to receive interim or final 
authorization under RCRA section 3006(g)(2) or 3006(b), respectively, 
on the basis of requirements that are substantially equivalent or 
equivalent to EPA's. The procedures and schedule for State program 
modifications for final authorization are described in 40 CFR 271.21.
    Section 271.21(e)(2) requires that States with final authorization 
must modify their programs to reflect Federal program changes and to 
subsequently submit the modification to EPA for approval. The deadline 
by which the State would have to modify its program to adopt these 
regulations is specified in section 271.21(e). This deadline can be 
extended in certain cases (see section 271.21(e)(3)). Once EPA approves 
the modification, the State requirements become Subtitle C RCRA 
requirements.
    States with authorized RCRA programs may already have requirements 
similar to those in today's proposed rule. These State regulations have 
not been assessed against the Federal regulations being proposed today 
to determine whether they meet the tests for authorization. Thus, a 
State is not authorized to implement these requirements in lieu of EPA 
until the State program modifications are approved. Of course, states 
with existing standards could continue to administer and enforce their 
standards as a matter of State law. In implementing the Federal 
program, EPA will work with States under agreements to minimize 
duplication of efforts. In many cases, EPA will be able to defer to the 
States in their efforts to implement their programs rather than take 
separate actions under Federal authority.
    States that submit official applications for final authorization 
less than 12 months after the effective date of these regulations are 
not required to include standards equivalent to these regulations in 
their application. However, the State must modify its program by the 
deadline set forth in Sec. 271.21(e). States that submit official 
applications for final authorization 12 months after the effective date 
of these regulations must include standards equivalent to these 
regulations in their application. The requirements a state must meet 
when submitting its final authorization application are set forth in 40 
CFR 271.3.
    The regulations being proposed today need not affect the State's 
UIC primacy status. A State currently authorized to administer the UIC 
program under the SDWA could continue to do so without seeking 
authority to administer the amendments that will be promulgated at a 
future date. However, a State which wished to implement Part 148 and 
receive authorization to grant exemptions from the LDRs would have to 
demonstrate that it had the requisite authority to administer sections 
3004(f) and (g) of RCRA. The conditions under which such an 
authorization may take place are discussed in a July 15, 1985 final 
rule (50 FR 28728).

XI. Regulatory Requirements

A. Regulatory Impact Analysis Pursuant to Executive Order 12866

    Executive Order No. 12866 requires agencies to determine whether a 
regulatory action is ``significant'' The Order defines a 
``significant'' regulatory action as one that ``is likely to result in 
a rule that may: (1) Have an annual effect on the economy of $100 
million or more or adversely affect, in a material way, the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; (2) create serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients; or 
(4) raise novel legal or policy issues arising out of legal mandates, 
the President's priorities, or the principles set forth in the 
Executive Order.''
    The Agency estimated the costs of today's proposed rule to 
determine if it is a significant regulation as defined by 
[[Page 11736]] the Executive Order. The analysis considers compliance 
cost and economic impacts for both characteristic wastes and newly 
listed wastes affected by this rule. For characteristic wastes, the 
potential cost impacts of this rule depend on whether facilities' 
current wastewater treatment systems will meet the UTS levels or if 
additional treatment will be required. If current treatments are 
adequate, facilities will only incur administrative costs to have their 
permits revised. A rough estimate would be that there would be one-time 
incremental costs of $0.9 to $2.9 million for all incrementally 
impacted facilities. However, at the high end, if current wastewater 
treatment systems need to be augmented with additional treatment steps, 
the incremental compliance costs for today's rule could be as high as 
$1 million per affected facility. If 20% of the firms comply by 
installing additional treatment, treatment costs are estimated to be 
$6.5-$18.1 million/year. The Agency does not have adequate data to 
estimate how many, if any, facilities may require modification to their 
treatment facilities. The Agency requests comment and data on how often 
additional treatment may be required and what type of treatment may be 
needed.
    For newly listed wastes, the costs are substantially higher and 
will be incurred each year. These costs range from approximately $11.9 
million to $47.3 million and are attributable primarily to thermal 
treatment of spent aluminum potliner wastes (K088). Therefore, today's 
proposed rule may be considered an economically significant rule. 
Because today's proposed rule is significant, the Agency analyzed the 
costs, economic impacts, and benefits.
    This section of the preamble for today's proposed rule provides a 
discussion of the methodology used for estimating the costs, economic 
impacts and the benefits attributable to today's proposed rule, 
followed by a presentation of the cost, economic impact and benefit 
results. More detailed discussions of the methodology and results may 
be found in the background document, ``Regulatory Impact Analysis of 
the Proposed Rule for the LDR Phase III Newly Listed and Identified 
Wastes,'' which has been placed in the docket for today's proposed 
rule.
1. Methodology Section
    In today's proposed rule, the Agency is establishing treatment 
standards for the following wastes: end-of-pipe standards for ICR 
wastewaters managed in CWA and CWA-equivalent systems, and Class I 
nonhazardous UIC wells, TC pesticide (D012-17) and organic (D018-43) 
wastewaters managed in CWA and CWA-equivalent systems, and Class I 
nonhazardous UIC wells (all UIC managed volumes are covered under a 
different section of the preamble for today's rule), and newly listed 
wastes from three industries - organobromines, spent aluminum 
potliners, and carbamates.
    a. Methodology for Estimating the Affected Universe. In determining 
the costs, economic impacts, and benefits associated with today's rule, 
the Agency estimated the volumes of waste affected by today's rule. The 
procedure for estimating the volumes of ICR waste and TC organic and 
pesticide waste, and newly listed wastes affected by today's rule is 
summarized below.
    First, the Agency examined all industries which might be likely to 
produce wastes covered under today's standards. Through reviewing 
comments to the Supplemental Notice of Data Availability published by 
the Agency in 1993, reviewing runs from the Biennial Reporting System 
(BRS) of volumes generated from particular industry sectors, as well as 
discussions with industry, and discussions with the Office of Water at 
EPA HQ, the Agency narrowed it down to 16 industries which would 
potentially have significant volumes of wastewater affected by today's 
rule.
    Using a host of databases and/or sources, the Agency collected data 
on the quantities, constituents, and concentrations of the volumes 
affected from each of the 16 industries. In addition, the Agency 
gathered any data on current management practices, plant design, etc. 
The following sources were used: Section 308 data from the Office of 
Water, Industrial Studies Database (ISDB), 1991 Biennial Reporting 
System (BRS), primary summary and development documents from effluent 
guidelines, Toxicity Characteristic Regulatory Impact Analysis 
documents, data gathered in the capacity analysis performed for today's 
rule, as well as comments from potentially affected industries.
    The Agency obtained volume information for the newly listed 
wastes--organobromines (K140), spent aluminum potliners (K088), and 
carbamate wastes (K156-161)--from the listing documents prepared for 
these wastes during the listing procedure.
    b. Cost Methodology. The cost analysis estimates the national level 
incremental costs which will be incurred as a result of today's rule. 
The cost estimates for both the baseline and post-regulatory scenarios 
are calculated employing: (i) The facility wastestream volume, (ii) the 
management practice (baseline or post-regulatory) assigned to that 
wastestream, and (iii) the unit cost associated with that practice. 
Summing the costs for all facilities produces the total costs for the 
given waste and scenario. Subtracting the baseline cost from the post-
regulatory cost produces the national incremental cost associated with 
today's rule for the given waste.
    The cost methodology section includes three subsections: (i) ICR 
and TC Pesticide and Organic Wastes Managed in CWA and CWA-Equivalent 
Systems, (ii) Newly Listed Wastes, (iii) Testing and Recordkeeping 
Costs. (The costs for wastes managed in Class I nonhazardous waste deep 
wells are discussed in section B.)
    (i) ICR and TC Pesticide and Organic Wastes Managed in CWA and CWA-
Equivalent Systems. The Agency employed the following approach to 
estimate the incremental costs for the ICR and TC wastes. First, using 
information available on the affected industries, the Agency created 
average-sized model facilities for each industry. Second, for a given 
model facility in an affected industry, the Agency used available unit 
cost data to develop costs for the baseline management practices 
(usually treatment in surface impoundments followed by discharge into 
receiving waters through a NPDES permit). Third, the Agency used data 
on the constituents and waste quantities for each industry, where 
applicable, to determine the necessary treatment required to reduce to 
UTS levels the constituents present. Fourth, the Agency used unit costs 
to develop costs for the post-regulatory management practices for the 
treatment requirements determined in the third step. Fifth, subtracting 
the baseline from the post-regulatory costs for an average facility in 
an industry sector and using the data available on the number of 
facilities affected within each industry, the Agency was able calculate 
the incremental cost for a given industry. Sixth, summing costs across 
affected industries, the Agency determined the incremental cost for the 
rule for the end-of-pipe treatment standards.
    (ii) Newly Listed Wastes. The costs for treatment of organobromines 
(K140), spent aluminum potliners (K088), and carbamate wastes (K156-
161) will be determined using data from the listings on baseline 
management practices, judgment on the technology(s) required to meet 
the UTS standards for these wastes, and available unit cost data.
    (iii) Testing and Recordkeeping Costs. Testing and recordkeeping 
costs, including costs that facilities will incur for ensuring that 
hazardous constituents [[Page 11737]] in characteristic waste are 
meeting new treatment standards and costs associated with permit 
modifications will be based upon an average, one-time testing cost and 
an Information Collection Request, respectively.
    c. Economic Impact Methodology. The economic effects of today's 
proposed rule are defined as the difference between the industrial 
activity under post-regulatory conditions and the industrial activity 
in the absence of regulation (i.e., baseline conditions).
    The Agency used (1) historic average capital expenditures for each 
industry, (2) historic average operating expenditures for each 
industry, (3) historic revenues, and (4) historic average pollution 
abatement and control expenditures (PACE) to determine the economic 
impacts. However, the Agency was unable to examine the impacts on a 
facility-specific basis due to lack of data. Therefore, the impacts are 
assessed on an industry-specific basis.
    d. Benefits Methodology. The approach for estimating benefits 
associated with today's rule involves three components: (i) estimation 
of pollutant loadings reductions, (ii) estimation of reductions in 
exceedances of health-based levels, and, (iii) qualitative description 
of the potential benefits. The benefits assessment is based upon the 
waste quantity and concentration data collected for the cost analysis. 
This incremental assessment focuses upon reductions in toxic 
concentrations at the point of discharge and does not consider any 
potential benefits resulting from reductions in air emissions or 
impacts on impoundment leaks and sludges which may occur as part of 
treating wastes to comply with the LDRs.
    EPA has not conducted an assessment of the benefits related to the 
effects of the proposed rule on newly listed wastes. These benefits 
depend on the incremental risk reductions that may result from 
treatment of the wastes prior to disposal at a subtitle C facility. EPA 
data indicate that between 100,000 and 118,000 tons of spent aluminum 
potliners are generated annually. Improper management of these wastes 
has caused many serious past damage incidents. (See listing Background 
Document for K088). However, data are limited with regard to current 
management practices and risk levels for these wastes. Therefore, EPA 
is not yet able to evaluate the benefits resulting under the proposed 
rule for these wastes. Because the quantity of waste is very small, 
benefits for newly listed organobromine and carbamate wastes are 
expected to be minimal.
    (i) Estimation of Pollutant Loadings Reductions. An incremental 
approach was used to estimate reductions in pollutant loadings. For the 
baseline scenario, contaminant concentrations were based upon data or 
estimates of current effluent discharge concentration levels. For the 
post-regulatory scenario, concentration levels were assumed to equal 
UTS levels.
    (ii) Estimation of Reductions in Exceedances of Health-Based 
Levels. The methods used for evaluating the benefits associated with 
cancer and noncancer risk reductions resulting from the proposed rule 
entail comparing constituent concentration levels to health-based 
standards to evaluate whether implementation of the proposed rule 
reduces concentration levels below levels that pose risk to human 
health.
    To estimate benefits from cancer risk reductions resulting from the 
proposed rule, a simple screening analysis was performed. This analysis 
compared contaminant concentrations for the baseline and post-
regulatory scenario to health-based levels for carcinogens. Further 
analysis may be undertaken to quantify benefits associated with 
facility/ wastestream combinations identified in the contaminant 
concentration comparisons.
    Benefits associated with reductions in non-cancer exceedances are 
estimated based upon comparisons of contaminant concentration levels in 
effluent discharges of the affected wastestreams to the reference 
health levels. These benefits are expressed in terms of the number of 
exceedances of health-based levels under the baseline scenario compared 
to the number of exceedances under the proposed rule.
    (iii) Qualitative Description of the Potential Benefits. A 
qualitative assessment of potential benefits likely to result from the 
proposed rule is used where data are limited. The Agency acknowledges 
limited data availability in developing waste volumes affected, 
constituents, concentrations, cost estimates, economic impacts, and 
benefits estimates for the proposed LDR Phase III rulemaking. The 
Agency respectfully requests comment from industry regarding 
constituents, concentrations, waste volumes, and current management 
practices.
2. Results
    a. Volume Results. The Agency has estimated the volumes of formerly 
characteristic wastes potentially affected by today's rule to total in 
the range of 33.5 to 500 million tons. The Agency requests comment on 
waste volumes affected by the proposed LDR Phase III rule. For newly 
listed wastes, the analyses supporting the listing determination showed 
about 4,500 tons of carbamate wastes, less than 100 tons of 
organobromine wastes, and 100,000 to 118,000 tons of spent aluminum 
potliners are potentially affected by this rule.
    b. Cost Results. For characteristic wastes, the potential cost 
impacts of this rule depend on whether facilities' current wastewater 
treatment systems will meet the UTS levels or if additional treatment 
will be required. If current treatments are adequate, facilities will 
only incur administrative costs to have their permits revised. A rough 
estimate would be that there would be one-time incremental costs of 
$0.9 to $2.9 million for all incrementally impacted facilities. 
However, at the high end, if current wastewater treatment systems need 
to be augmented with additional treatment steps, the incremental 
compliance costs could be as high as $1 million per affected facility. 
The Agency does not have adequate data to estimate how many, if any, 
facilities may require modification to their treatment facilities. The 
Agency requests comment and data on how often additional treatment may 
be required.
    For newly listed wastes, the costs are substantially higher and 
will be incurred each year. These costs range from approximately $11.9 
million to $47.3 million and are attributable primarily to thermal 
treatment of spent aluminum potliner wastes (K088). The Agency requests 
comment on these estimates.
    c. Economic Impact Results. The Agency has estimated the economic 
impacts of today's rule to represent less than one percent of historic 
pollution control and operating costs for the organic chemical and 
petroleum refining industries. However, for those facilities that may 
need to treat to UTS to comply with today's rule, costs could be more 
significant. The estimated compliance costs for treating newly listed 
spent aluminum potliners represents 40 percent of pollution control 
operating costs for aluminum reducers; however, treatment costs 
represent only one percent of total historic operating costs. The 
Agency requests comment on anticipated economic impacts resulting from 
the proposed LDR Phase III rule.
    d. Benefit Estimate Results. The Agency has estimated the benefits 
associated with today's rule to be small. Assuming facilities comply 
with the proposed rule by treating their affected wastestreams, 
loadings reductions [[Page 11738]] estimates range between 36 and 407 
tons per year for direct dischargers, and between 1,490 and 24,391 tons 
per year for indirect dischargers. For direct dischargers, loadings 
reductions represent between .03 to .30 percent of total Toxic Release 
Inventory (TRI) chemical loadings to surface waters. For indirect 
dischargers, loadings reductions represent between .8 and 12.8 percent 
of all TRI loadings transferred to POTWs. Based upon the results of 
this screening, and more detailed risk assessments, the estimated 
baseline risks associated with only four wastestreams exceed commonly 
assumed threshold cancer and noncancer risk levels. EPA estimated that 
three wastestreams containing aniline pose baseline cancer risks 
ranging from 1 x 10-5 to 1 x 10-4 which potentially would be 
reduced to between 8 x 10-8 and 3 x 10-6 under the Phase III 
rule. A fourth wastestream containing acrylamide poses baseline cancer 
risk at a level of 2 x 10-3. The proposed rule is estimated to 
reduce this risk to between 2 x 10-4 and P4 x 10-3. All four 
of these wastestreams are currently discharged to POTWs; if POTW 
treatment removes these constituents from the wastewater prior to 
discharge to surface water and/or if no drinking water intake is 
located downstream from the POTW's outfall, baseline risks will be 
lower than those estimated above. The Agency requests comment and any 
available information related to these wastestreams.

B. Regulatory Impact Analysis for Underground Injected Wastes

    The Agency has completed a separate regulatory impact analysis for 
underground injected wastes affected by the LDR Phase III proposed 
rule. This analysis describes and evaluates the regulatory impacts only 
to the Class I injection well universe. The new proposed Phase III LDRs 
cover decharaterized ICR and TC organic wastes, and other newly-
identified hazardous wastes that are distinctly industrial wastes 
injected by owners and operators of only Class I hazardous and non-
hazardous injection wells.
    According to the available data outlined in the RIA, indications 
are that of the 223 Class I injection facilities in the nation, up to 
154 could be affected by the new Phase III LDRs. Of these facilities, 
101 inject nonhazardous waste and 53 inject hazardous waste. Combined, 
these facilities may inject up to 14 billion gallons of waste annually 
into Class I wells. These Class I injection facilities will now be 
required to either treat wastes, or file no migration petitions as 
outlined in 40 CFR 148 (See 53 FR 28118 (July 26, 1988)) preamble for a 
more thorough discussion of the no migration petition review process). 
Additional options for compliance with the proposed Phase III LDRs, 
including a de minimis exemption and a pollution prevention option are 
discussed in more detail in the RIA.
    Of these newly affected Class I facilities, 38 already have no 
migration exemptions approved by EPA, but may face additional 
requirements requiring some modifications of their petitions due to the 
proposed LDR Phase III rule. For the facilities which do not have 
approved no migration exemptions, today's proposed rule will add 
compliance costs to those currently incurred as a result of previous 
rulemakings. The Agency analyzed costs and benefits for today's rule by 
using the same approach and methodology developed in the Regulatory 
Impact Analysis of the Underground Injection Control Program: Proposed 
Hazardous Waste Disposal Injection Restrictions used for the final rule 
(53 FR 28118) and subsequent rulemaking. An analysis was performed to 
assess the economic effect of associated compliance costs for the 
additional volumes of injected wastes attributable to this proposed 
rule.
    In general, Class I injection facilities affected by the LDR Phase 
III rule will have several options. As previously mentioned, some 
facilities will modify existing no migration petitions already approved 
by the Agency, other facilities may submit entirely new petitions, and 
still others may accept the prohibitions and either continue to inject 
wastes after treatment or cease injection operations altogether, EPA 
assessed compliance costs for Class I facilities submitting no-
migration petitions, employing alternative treatment, and/or 
implementing pollution prevention measures. Although facilities using 
pollution prevention/waste minimization to comply with the Phase III 
LDRs will likely lower overall regulatory compliance costs, these 
situations are site-specific and, therefore, EPA cannot estimate these 
cost savings.
    For Class I facilities opting to use alternative treatment, the 
Agency derived costs for both treating wastes on-site, and/or shipping 
wastes and treating them off-site at a commercial facility. However, 
the Agency believes that transportation of large volumes of liquid 
wastes off-site is not practical. This makes the off-site treatment 
scenario, at best, a highly conservative analysis. EPA expects most 
facilities that treat their wastes will do so on-site. Preliminary EPA 
estimates show that the total annual compliance cost for petitions and 
alternative on-site treatment to industry affected by the new LDR Phase 
III prohibitions will range between $9.2 million to $13.2 million. The 
noncommercial facilities choosing to segregate their wastes may incur 
additional costs totaling $2.98 million. The average annual compliance 
costs per affected facility employing on-site alternative treatment 
ranges from $59,740 to $85,714. The overall annual regulatory 
compliance cost to industry for petitions and alternatively treating 
wastes off-site will range between $486.5 million to $805.3 million. 
The range of costs for alternative treatment is the result of applying 
a sensitivity analysis. Only the incremental treatment costs for the 
new waste listings are calculated in this RIA. All of these costs will 
be incurred by Class I injection well owners and operators. The 
estimated economic impacts of the proposed rule were based on the 
random assignment of injection facilities to petition and treatment 
outcomes using a decision tree analysis method described in the RIA. 
The Agency requests comment as to how frequently facilities with Class 
I nonhazardous injection wells will be able to receive a no-migration 
variance. The Agency also requests comment on how frequently owners 
will choose to treat their waste and whether that treatment will occur 
on-site.
    The benefits to human health and the environment in the RIA are 
generally defined as reduced human health risk resulting from fewer 
instances of ground water contamination. In general, potential health 
risks from Class I injection wells are extremely low. EPA conducted a 
preliminary quantitative assessment of the potential human health risks 
associated with two worst-case scenarios involving well malfunction. 
EPA applied the approach taken in an earlier study to measure health 
risks of two LDR Phase III contaminants: benzene and carbon 
tetrachloride. The results of this preliminary analysis show that all 
of the cancer and noncancer risks calculated are below regulatory 
concern, with the exception of the cancer risk and hazard index 
calculated for carbon tetrachloride, assuming an abandoned borehole is 
near the injection well, drinking water pumping is occurring, and the 
local geology is typical of the East Gulf Coast Region. The assumptions 
used in deriving these results were based on conservative, upper-bound 
estimates. The Agency intends to expand this analysis in the final rule 
to include other constituents [[Page 11739]] and facilities. The Agency 
is interested in comments on this methodology and any data on actual 
injection volumes and constituents.
    The economic analysis of LDR Phase III compliance costs suggests 
that publicly traded companies affected by the rule will probably not 
be significantly economically impacted. The limited data available for 
the privately held companies suggests, however, that they may face 
significant impacts due to the proportionally larger expenses they may 
face as a result of the proposed rule.

C. Regulatory Flexibility Analysis

    Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et 
seq., when an agency publishes a notice of rulemaking, for a rule that 
will have a significant effect on a substantial number of small 
entities, the agency must prepare and make available for public comment 
a regulatory flexibility analysis that considers the effect of the rule 
on small entities (i.e.: small businesses, small organizations, and 
small governmental jurisdictions). Under the Agency's Revised 
Guidelines for Implementing The Regulatory Flexibility Act (May 4, 
1992), the Agency committed to considering regulatory alternatives in 
rulemakings when there were any economic impacts estimated on any small 
entities. See RCRA sections 3004(d), (e), and (g)(5), which apply 
uniformly to all hazardous wastes. Previous guidance required 
regulatory alternatives to be examined only when significant economic 
effects were estimated on a substantial number of small entities.
    In assessing the regulatory approach for dealing with small 
entities in today's proposed rule, for both surface disposal of wastes 
and underground injection control, the Agency considered two factors. 
First, data on potentially affected small entities are unavailable. 
Second, due to the statutory requirements of the RCRA LDR program, no 
legal avenues exist for the Agency to provide relief from the LDR's for 
small entities. The only relief available for small entities is the 
existing small quantity generator provisions and conditionally exempt 
small quantity generator exemptions found in 40 CFR 262.11-12, and 
261.5, respectively. These exemptions basically prescribe 100 kg per 
calendar month generation of hazardous waste as the limit below which 
one is exempted from complying with the RCRA standards.
    Given these two factors, the Agency was unable to frame a series of 
small entity options from which to select the lowest cost approach; 
rather, the Agency was legally bound to regulate the land disposal of 
the hazardous wastes covered in today's rule without regard to the size 
of the entity being regulated. See also Sec. 268.1(c)(1), which states 
that LDR rules do not apply to small quantity generators.

D. Paperwork Reduction Act

    The new information collection requirements in this proposed rule 
have been submitted for approval to the Office of Management and Budget 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Four 
Information Collection Request (ICR) documents has been prepared by 
EPA, covering the three programs impacted (i.e., the LDR program, the 
UIC program, and the CWA NPDES program: LDR ICR# 1442.08; UIC ICR# 
1738.01; NPDES Application ICR# 0226.11; and NPDES Discharge Monitoring 
Report ICR# 0229.10). The overall reporting and recordkeeping burden is 
estimated to be approximately 632,500 hours (sum from the four ICRs). 
The average burden per respondent is slightly more than 4,000 hours 
(sum from the four ICRs.). Only incremental burdens are discussed in 
the ICRs. These incremental burdens will eventually be merged with: the 
UIC program ICR, the LDR program ICR, the NPDES permit program ICR, and 
the Discharge Monitoring Report program ICR.
    The public reporting burden for these collections is estimated to 
average: for the LDR program, 75 hours per respondent; for the UIC 
program, 3800 hours per respondent; for the NPDES application program, 
37.5 hours per respondent; and for the NPDES discharge monitoring 
report, 211.5 hours per respondent. This includes time for reviewing 
instructions, gathering and compiling data, maintaining the data, and 
preparing and submitting all data.
    A copy of the ICRs for this rule may be obtained from the Sandy 
Farmer, Environmental Protection Agency, Information Policy Branch, 401 
M Street, S.W. (Mail Code 2136), Washington D.C. 20460 or by calling 
[phone]. The public should send comments regarding the burden 
estimate, or any other aspect of this collection of information, 
including suggestions for reducing burden to EPA; and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, D.C. 20460, marked ``Attention: Desk Officer for EPA.''

List of Subjects

40 CFR Part 148

    Administrative practice and procedure, Hazardous waste, Reporting 
and recordkeeping requirements, Water supply.

40 CFR Part 266

    Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 268

    Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 271

    Administrative practice and procedure, Hazardous materials 
transportation, Hazardous waste, Penalties, Reporting and recordkeeping 
requirements.

    Dated: February 16, 1995.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 148--HAZARDOUS WASTE INJECTION RESTRICTIONS

    1. The authority citation for part 148 continues to read as 
follows:

    Authority: Secs. 3004, Resource Conservation and Recovery Act, 
42 U.S.C. 6901, et seq.

    2. Section 148.1 is amended by revising paragraphs (a), (b) and (d) 
to read as follows:


Sec. 148.1  Purpose, scope and applicability.

* * * * *
    (a) This part identifies wastes that are restricted from disposal 
into Class I wells and defines those circumstances under which a waste, 
otherwise prohibited from injection, may be injected.
    (b) The requirements of this part apply to owners or operators of 
Class I hazardous waste injection wells used to inject hazardous waste; 
and, owners or operators of Class I injection wells used to inject 
wastes which once exhibited a prohibited characteristic of hazardous 
waste identified in subpart C of part 261 of this chapter, at the point 
of generation, and no longer exhibit the characteristic at the point of 
injection.
* * * * *
    (d) Wastes that are only characteristically hazardous and otherwise 
prohibited are not prohibited if the wastes are disposed into a 
nonhazardous injection well defined under 40 CFR 144.6(a) and do not 
[[Page 11740]] exhibit any prohibited characteristic of hazardous waste 
identified in subpart C of part 261 of this chapter, and do not contain 
any hazardous constituents identified in 40 CFR 268.48 diluted below 
the Universal Treatment Standard levels prior to injection.
    3. Section 148.3 is revised to read as follows:


Sec. 148.3  Dilution prohibited as a substitute for treatment.

    (a) The provisions of Sec. 268.3 of this chapter shall apply to 
owners or operators of Class I wells used to inject a waste which is 
hazardous at the point of generation whether or not the waste is 
hazardous at the point of injection.
    (b) Owners or operators of Class I nonhazardous waste injection 
wells which inject waste formerly exhibiting a hazardous characteristic 
which has been removed by dilution, may address underlying hazardous 
constituents by treating the hazardous waste, obtaining an exemption 
pursuant to a petition filed under Sec. 148.20, or complying with the 
provisions set forth in Sec. 268.9 of this chapter.
    4. Section 148.4 is revised to read as follows:


Sec. 148.4  Procedures for case-by-case extensions to an effective 
date.

    The owner or operator of a Class I hazardous or nonhazardous waste 
injection well may submit an application to the Administrator for an 
extension of the effective date of any applicable prohibition 
established under subpart B of this part according to the procedures of 
Sec. 268.5 of this chapter.
    5. Section 148.18 is added to subpart B to read as follows:


Sec. 148.18  Waste specific prohibitions--Newly Identified Wastes.

    (a) On [Insert date 90 days from date of publication of final 
rule], the wastes specified in 40 CFR part 261.32 as EPA Hazardous 
waste numbers K088, K140, 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, and U407-U411 are prohibited from 
underground injection.
    (b) On [Insert date 2 years from effective date of the final rule], 
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.
    (c) On [Insert date 2 years from effective date of the final rule], 
the wastes specified in 40 CFR part 261 as EPA Hazardous waste numbers 
D001-D003 are prohibited from underground injection.
    6. Section 148.20 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec. 148.20  Petitions to allow injection of a waste prohibited under 
Subpart B.

    (a) Any person seeking an exemption from a prohibition under 
subpart B of this part for the injection of a restricted hazardous 
waste, including a hazardous waste exhibiting a characteristic and 
containing underlying hazardous constituents at the point of 
generation, but no longer exhibiting a characteristic when injected 
into a Class I injection well or wells, shall submit a petition to the 
Director demonstrating that, to a reasonable degree of certainty, there 
will be no migration of hazardous constituents from the injection zone 
for as long as the waste remains hazardous. This demonstration requires 
a showing that:
* * * * *

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

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

    Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6934.

    8. In Subpart C, Sec. 266.20, paragraph (b) is amended by adding 
one sentence to the end of the paragraph to read as follows:


Sec. 266.20  Applicability.

* * * * *
    (b) * * * This provision does not apply to hazardous waste used as 
a fill material (i.e., a substitute for sand, dirt or comparable 
material) to fill in holes, occupy space, raise land levels, or be used 
for other similar purposes.
* * * * *

PART 268--LAND DISPOSAL RESTRICTIONS

    9. 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

    10. Section 268.1 is amended by revising paragraph (e)(4) and by 
removing paragraph (e)(5) to read as follows:


Sec. 268.1  Purpose, scope and applicability.

* * * * *
    (e) * * *
    (4) De minimis losses of characteristic wastes to wastewaters are 
defined as:
    (i) Losses from normal material handling operations (e.g. spills 
from the unloading or transfer of materials from bins or other 
containers, leaks from pipes, valves or other devices used to transfer 
materials); minor leaks of process equipment, storage tanks or 
containers; leaks from well-maintained pump packings and seals; sample 
purgings; and relief device discharges; discharges from safety showers 
and rinsing and cleaning of personal safety equipment; rinsate from 
empty containers or from containers that are rendered empty by that 
rinsing; and laboratory wastes not exceeding one per cent of the flow 
of wastewater into the facility's headworks on an annual basis; or
    (ii) Characteristic wastes which are injected into Class I 
nonhazardous wells whose combined volume is less than one per cent of 
the total flow at the wellhead on an annualized basis, and which any 
underlying hazardous constituents in the characteristic wastes are 
present at the point of generation at levels less than ten times the 
treatment standards found at Sec. 268.48.
    11. Section 268.2 is amended by revising the introductory text to 
paragraph (f), by removing paragraphs (f)(1), (f)(2), and (f)(3), and 
by adding paragraph (j) to read as follows:


Sec. 268.2  Definitions applicable in this part.

* * * * *
    (f) Wastewaters are wastes that contain less than 1% by weight 
total organic carbon (TOC) and less than 1% by weight total suspended 
solids (TSS).
* * * * *
    (j) Inorganic metal-bearing waste is one for which EPA has 
established treatment standards for metal hazardous constituents, and 
which does not otherwise contain significant organic or cyanide content 
as described in Sec. 268.3(b)(1), and is specifically listed in 
appendix XI of this part.
    12. Section 268.3 is revised to read as follows:


Sec. 268.3  Dilution prohibited as a substitute for treatment.

    (a) 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 
[[Page 11741]] prohibition imposed by RCRA section 3004.
    (b) Combustion of hazardous waste 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).
    13. Section 268.7 is amended by adding paragraph (b)(5)(v) to read 
as follows:


Sec. 268.7  Waste analysis and recordkeeping.

* * * * *
    (b) * * *
    (5) * * *
    (v) For characteristic wastes D001, D002, D003 and D012-D043 that 
contain underlying hazardous constituents as defined in Sec. 268.2(i) 
that are treated on-site to remove the hazardous characteristic and to 
treat underlying hazardous constituents to levels in Sec. 268.48 
Universal Treatment Standards, the certification must state the 
following:

    I certify under penalty of law that the waste has been treated 
in accordance with the requirements of 40 CFR 268.40 to remove the 
hazardous characteristic. This decharacterized waste contained 
underlying hazardous constituents that have been treated on-site to 
meet Sec. 268.48 Universal Treatment Standards. I am aware that 
there are significant penalties for submitting a false 
certification, including the possibility of fine and imprisonment.
* * * * *


Sec. 268.8  [Removed and Reserved]

    14. Section 268.8 is removed and reserved.
    15. Section 268.9 is amended by revising paragraphs (a), (b), 
(d)(1)(i), (d)(1)(ii), (d)(2) introductory text; and by adding 
paragraphs (d)(3), (e) and (f) 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 part 261, subpart D. In addition, 
the waste will carry one or more of the waste codes under 40 CFR part 
261, subpart C, where the waste exhibits a characteristic, except in 
the case when the treatment standard for the waste code listed in 40 
CFR part 261, subpart D operates in lieu of the standard for the waste 
code under 40 CFR part 261, subpart C, as specified in paragraph (b) of 
this section. If the generator determines that his waste displays a 
hazardous characteristic (and the waste is not a D004--D011 waste, a 
High TOC D001, or is not treated by CMBST, or RORGS of Sec. 268.42, 
Table 1), the generator must determine what underlying hazardous 
constituents (as defined in Sec. 268.2 of this Part), are reasonably 
expected to be present above the universal treatment standards found in 
Sec. 268.48 of this part.
    (b) Where a prohibited waste is both listed under 40 CFR part 261, 
subpart D and exhibits a characteristic under 40 CFR part 261, subpart 
C, the treatment standard for the waste code listed in 40 CFR part 261, 
subpart D will operate in lieu of the standard for the waste code under 
40 CFR part 261, subpart C, provided that the treatment standard for 
the listed waste includes a treatment standard for the constituent that 
causes the waste to exhibit the characteristic and for any underlying 
hazardous constituents reasonably expected to be present in the waste. 
Otherwise, the waste must meet the treatment standards for all 
applicable listed and characteristic waste codes.
* * * * *
    (d) * * *
    (1) * * *
    (i) For characteristic wastes other than those managed on-site in a 
wastewater treatment system subject to the Clean Water Act (CWA), zero-
dischargers engaged in CWA-equivalent treatment, or Class I 
nonhazardous injection wells, the name and address of the Subtitle D 
facility receiving the waste shipment;
    (ii) For all characteristic wastes, a description of the waste as 
initially generated, including the applicable EPA Hazardous Waste 
Number(s), treatability group(s), and underlying hazardous 
constituents;
    (2) The certification must be signed by an authorized 
representative and must state the language found in Sec. 268.7(b)(5).
* * * * *
    (3) For characteristic wastes whose ultimate disposal will be into 
a Class I nonhazardous injection well, and compliance with the 
treatment standards found in Sec. 268.48 for underlying hazardous 
constituents is achieved through pollution prevention, the following 
information must also be included:
    (i) A description of the pollution prevention mechanism;
    (ii) The mass of each underlying hazardous constituent before 
pollution prevention;
    (iii) The mass of each underlying hazardous constituent that must 
be removed, normalized for production; and,
    (iv) The mass reduction of each underlying hazardous constituent 
that is achieved.
    (e) For decharacterized wastes managed on-site in a wastewater 
treatment system subject to the Clean Water Act (CWA), zero-dischargers 
engaged in CWA-equivalent treatment, or Class I nonhazardous injection 
wells, compliance with the treatment standards found at Sec. 268.48 
must be monitored quarterly. Monitoring results must be kept in on-site 
files for 5 years.
    (f) For characteristic wastes whose ultimate disposal will be into 
a Class I nonhazardous injection well which qualifies for the de 
minimis exclusion described in Sec. 268.1, information supporting that 
qualification must be kept in on-site files.


Sec. 268.10--Sec. 268.12  [Removed and Reserved]

    16. Sections 268.10 through 268.12 are removed and reserved.
    17. In subpart C, Sec. 268.39 is added to read as follows:
* * * * *


Sec. 268.39  Waste specific prohibitions--spent aluminum potliners, 
carbamates and organobromine wastes.

    (a) On [Insert date 90 days from date of publication of the final 
rule], the wastes specified in 40 CFR 261.32 as EPA Hazardous Waste 
numbers K088, K140, 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, and U407-U411 are prohibited from land disposal. In 
addition, soil and debris contaminated [[Page 11742]] with these wastes 
are prohibited from land disposal.
    (b) On [Insert date two years from date of publication of the final 
rule], characteristic wastes that are managed in systems whose 
discharge is regulated under the Clean Water Act (CWA), or that are 
zero dischargers that engage in CWA-equivalent treatment before 
ultimate land disposal, are prohibited from land disposal. Radioactive 
wastes mixed with K088, K140, 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-U411 are also 
prohibited from land disposal. In addition, soil and debris 
contaminated with these radioactive mixed wastes are prohibited from 
land disposal.
    (c) Between [Insert date 90 days from date of publication of the 
final rule] and [Insert date two years from date of publication of the 
final rule], the wastes included in paragraph (b) 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).
    (d) The requirements of paragraphs (a), (b), and (c) 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.
    (e) 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 part 
268 are applicable, except as otherwise specified.
    18. The table in Sec. 268.40 is amended as follows:
    a. By revising the entries for D001 through F012, F037 through 
F039, K006, K018, K019, K028, K030, K035, K048 through K052, K061, 
K083, K086, K101, K102, P003, P013, P056, U038, U042, U093, U134, and 
U168.
    b. By adding in alpha-numerical order entries for K088, K140, K156 
through K161, P127, P128, P185, P188 through P192, P194, P196 through 
P199, P201 through P205, U271, U277 through U280, U364 through U367, 
U372, U373, U375 through U379, U381 through U387, U389 through U396, 
U400 through U404, and U407 through U411.


Sec. 268.40  Applicability of treatment standards.

* * * * *

                                    Treatment Standards for Hazardous Wastes                                    
----------------------------------------------------------------------------------------------------------------
                                           Regulated hazardous constituent      Wastewaters      Nonwastewaters 
                                         -----------------------------------------------------------------------
                   Waste description and                                                        Concentration in
   Waste code      treatment/regulatory                                       Concentration in   mg/kg\5\ unless
                      subcategory\1\         Common name       CAS\2\ No.       mg/l\3\; or      noted as ``mg/l
                                                                                 technology        TCLP''; or   
                                                                                  code\4\        technology code
----------------------------------------------------------------------------------------------------------------
D001............  Ignitable               NA...............              NA  DEACT and meet     DEACT and meet  
                   Characteristic                                             Sec. 268.48        Sec. 268.48    
                   Wastes, except for                                         standards; or      standards; or  
                   the Sec. 261.21(a)(1)                                      RORGS; or CMBST.   RORGS; or      
                   High TOC Subcategory.                                                         CMBST.         
                  High TOC Ignitable      NA...............              NA  NA...............  RORGS; or CMBST.
                   Characteristic                                                                               
                   Liquids 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               NA...............              NA  DEACT and meet     DEACT and meet  
                   Characteristic Wastes.                                     Sec. 268.48        Sec. 268.48    
                                                                              standards.         standards.     
D002, D004,       Radioactive high level  Corrosivity (pH).              NA  NA...............  HLVIT.          
 D005, D006,       wastes generated       Arsenic..........       7440-38-2  NA...............  HLVIT.          
 D007, D008,       during the             Barium...........       7440-39-3  NA...............  HLVIT.          
 D009, D010,       reprocessing of fuel   Cadmium..........       7440-43-9  NA...............  HLVIT.          
 D011.             rods. (Note: This      Chromium (Total).       7440-47-3  NA...............  HLVIT.          
                   subcategory consists                                                                         
                   of nonwastewaters                                                                            
                   only.).                                                                                      
                                          Lead.............       7439-92-1  NA...............  HLVIT.          
                                          Mercury..........       7439-97-6  NA...............  HLVIT.          
                                          Selenium.........       7782-49-2  NA...............  HLVIT.          
                                          Silver...........       7440-22-4  NA...............  HLVIT.          
D003............  Reactive Sulfides       NA...............              NA  DEACT and meet     DEACT and meet  
                   Subcategory based on                                       Sec. 268.48        Sec. 268.48    
                   Sec. 261.23(a)(5).                                         standards.         standards.     
                  Explosives Subcategory  NA...............              NA  DEACT and meet     DEACT and meet  
                   based on Sec.                                              Sec. 268.48        Sec. 268.48    
                   261.23(a)(6), (7),                                         standards.         standards.     
                   and (8).                                                                                     
[[Page 11743]]                                                                                                  
                                                                                                                
                  Other Reactives         NA...............              NA  DEACT and meet     DEACT and meet  
                   Subcategory based on                                       Sec. 268.48        Sec. 268.48    
                   Sec. 261.23(a)(1).                                         standards.         standards.     
                  Water Reactive          NA...............              NA  NA...............  DEACT and meet  
                   Subcategory based on                                                          Sec. 268.48    
                   Sec. 261.23(a)(2),                                                            standards.     
                   (3), and (4). (Note:                                                                         
                   This subcategory                                                                             
                   consists of                                                                                  
                   nonwastewaters only.).                                                                       
                  Reactive Cyanides       Cyanides                  57-12-5  Reserved.........  590.            
                   Subcategory based on    (Total)\7\.              57-12-5  0.86.............  30.             
                   Sec. 261.23(a)(5).     Cyanides                                                              
                                           (Amenable)\7\.                                                       
D004............  Wastes that exhibit,    Arsenic..........       7440-38-2  5.0..............  5.0 mg/l EP.    
                   or are expected to                                                                           
                   exhibit, the                                                                                 
                   characteristic of                                                                            
                   toxicity for arsenic                                                                         
                   based on the                                                                                 
                   extraction procedure                                                                         
                   (EP) in SW846 Method                                                                         
                   1310.                                                                                        
                                          Arsenic;                7440-38-2  NA...............  5.0 mg/l TCLP.  
                                           altermate\6\                                                         
                                           standard for                                                         
                                           nonwastewaters                                                       
                                           only.                                                                
D005............  Wastes that exhibit,    Barium...........       7440-39-3  100..............  100 mg/l TCLP.  
                   or are expected to                                                                           
                   exhibit, the                                                                                 
                   characteristic of                                                                            
                   toxicity for barium                                                                          
                   based on the                                                                                 
                   extraction procedure                                                                         
                   (EP) in SW846 Method                                                                         
                   1310.                                                                                        
D006............  Wastes that exhibit,    Cadmium..........       7440-43-9  NA...............  1.0 mg/l TCLP.  
                   or are expected to                                                                           
                   exhibit, the                                                                                 
                   characteristic of                                                                            
                   toxicity for cadmium                                                                         
                   based on the                                                                                 
                   extraction procedure                                                                         
                   (EP) in SW846 Method                                                                         
                   1310.                                                                                        
                  Cadmium Containing      Cadmium..........       7440-43-9  NA...............  RTHRM.          
                   Batteries                                                                                    
                   Subcategory. (Note:                                                                          
                   This subcategory                                                                             
                   consists of                                                                                  
                   nonwastewaters only.).                                                                       
D007............  Wastes that exhibit,    Chromium (Total).       7440-47-3  5.0..............  5.0 mg/l TCLP.  
                   or are expected to                                                                           
                   exhibit, the                                                                                 
                   characteristic of                                                                            
                   toxicity for chromium                                                                        
                   based on the                                                                                 
                   extraction procedure                                                                         
                   (EP) in SW846 Method                                                                         
                   1310.                                                                                        
D008............  Wastes that exhibit,    Lead.............       7439-92-1  5.0..............  5.0 mg/l EP.    
                   or are expected to                                                                           
                   exhibit, the                                                                                 
                   characteristic of                                                                            
                   toxicity for lead                                                                            
                   based on the                                                                                 
                   extraction procedure                                                                         
                   (EP) in SW846 Method                                                                         
                   1310.                                                                                        
                                          Lead;                   7439-92-1  NA...............  5.0 mg/l TCLP.  
                                           altermate\6\                                                         
                                           standard for                                                         
                                           nonwastewaters                                                       
                                           only.                                                                
                  Lead Acid Batteries     Lead.............       7439-92-1  NA...............  RLEAD.          
                   Subcategory (Note:                                                                           
                   This standard 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.).                                                                                      
[[Page 11744]]                                                                                                  
                                                                                                                
                  Radioactive Lead        Lead.............       7439-92-1  NA...............  MACRO.          
                   Solids Subcategory                                                                           
                   (Note: these 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                                                                                
                   incinerator ashes                                                                            
                   that can undergo                                                                             
                   conventional                                                                                 
                   pozzolanic                                                                                   
                   stabilization, nor do                                                                        
                   they include organo-                                                                         
                   lead materials that                                                                          
                   can be incinerated                                                                           
                   and stabilized as                                                                            
                   ash. This subcategory                                                                        
                   consists of                                                                                  
                   nonwastewaters only.).                                                                       
D009............  Nonwastewaters that     Mercury..........       7439-97-6  NA...............  IMERC; or RMERC.
                   exhibit, or are                                                                              
                   expected to exhibit,                                                                         
                   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).                                                                                
                  Nonwastewaters that     Mercury..........       7439-97-6  NA...............  RMERC.          
                   exhibit, or are                                                                              
                   expected to exhibit,                                                                         
                   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                                                                             
                   inorganic, including                                                                         
                   incinerator residues                                                                         
                   and residues from                                                                            
                   RMERC. (High Mercury-                                                                        
                   Inorganic                                                                                    
                   Subcategory).                                                                                
                  Nonwastewaters that     Mercury..........       7439-97-6  NA...............  0.20 mg/l TCLP. 
                   exhibit, or are                                                                              
                   expected to exhibit,                                                                         
                   the characterisitc 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).                                                                        
                  All D009 wastewaters..  Mercury..........       7439-97-6  0.20.............  NA.             
                  Elemental mercury       Mercury..........       7439-97-6  NA...............  AMLGM.          
                   contaminated with                                                                            
                   radioactive                                                                                  
                   materials. (Note:                                                                            
                   This subcategory                                                                             
                   consists of                                                                                  
                   nonwastewaters only.).                                                                       
                  Hydraulic oil           Mercury..........       7439-97-6  NA...............  IMERC.          
                   contaminated with                                                                            
                   Mercury Radioactive                                                                          
                   Materials                                                                                    
                   Subcategory. (Note:                                                                          
                   This subcategory                                                                             
                   consists of                                                                                  
                   nonwastewaters only.).                                                                       
D010............  Wastes that exhibit,    Selenium.........       7782-49-2  1.0..............  5.7 mg/l TCLP.  
                   or are expected to                                                                           
                   exhibit, the                                                                                 
                   characteristic of                                                                            
                   toxicity for selenium                                                                        
                   based on the                                                                                 
                   extraction procedure                                                                         
                   (EP) in SW846 Method                                                                         
                   1310.                                                                                        
D011............  Wastes that exhibit,    Silver...........       7440-22-4  5.0..............  5.0 mg/l TCLP.  
                   or are expected to                                                                           
                   exhibit, the                                                                                 
                   characteristic of                                                                            
                   toxicity for silver                                                                          
                   based on the                                                                                 
                   extraction procedure                                                                         
                   (EP) in SW846 Method                                                                         
                   1310.                                                                                        
[[Page 11745]]                                                                                                  
                                                                                                                
D012............  Wastes that are TC for  Endrin...........         72-20-8  BIODG; or INCIN..  0.13 and meet   
                   Endrin based on the    Endrin aldehyde..       7421-93-4  BIODG; or INCIN..   Sec. 268.48    
                   TCLP in SW846 Method                                                          standards.     
                   1311.                                                                        0.13 and meet   
                                                                                                 Sec. 268.48    
                                                                                                 standards.     
D013............  Wastes that are TC for  alpha-BHC........        319-84-6  CARBN; or INCIN..  0.066 and meet  
                   Lindane based on the   beta-BHC.........        319-85-7  CARBN; or INCIN..   Sec. 268.48    
                   TCLP in SW846 Method                                                          standards.     
                   1311.                                                                        0.066 and meet  
                                                                                                 Sec. 268.48    
                                                                                                 standards.     
                                          delta-BHC........        319-86-8  CARBN; or INCIN..  0.066 and meet  
                                                                                                 Sec. 268.48    
                                                                                                 standards.     
                                          gamma-BHC                 58-89-9  CARBN; or INCIN..  0.066 and meet  
                                           (Lindane).                                            Sec. 268.48    
                                                                                                 standards.     
D014............  Wastes that are TC for  Methoxychlor.....         72-43-5  WETOX or INCIN...  0.18 and meet   
                   Methoxychlor based on                                                         Sec. 268.48    
                   the TCLP in SW846                                                             standards.     
                   Method 1311.                                                                                 
D015............  Wastes that are TC for  Toxaphene........       8001-35-2  BIODG or INCIN...  2.6 and meet    
                   Toxaphene based on                                                            Sec. 268.48    
                   the TCLP in SW846                                                             standards.     
                   Method 1311.                                                                                 
D016............  Wastes that are TC for  2,4-D (2,4-               94-75-7  CHOXD, BIODG, or   10 and meet Sec.
                   2,4-D (2,4-             Dichlorophenoxy-                   INCIN.             268.48         
                   Dichlorophenoxyacetic   acetic acid).                                         standards.     
                   acid) based on the                                                                           
                   TCLP in SW846 Method                                                                         
                   1311.                                                                                        
D017............  Wastes that are TC for  2,4,5-TP (Silvex)         93-72-1  CHOXD or INCIN...  7.9 and meet    
                   2,4,5-TP (Silvex)                                                             Sec. 268.48    
                   based on the TCLP in                                                          standards.     
                   SW846 Method 1311.                                                                           
D018............  Wastes that are TC for  Benzene..........         71-43-2  0.14 and meet      10 and meet Sec.
                   Benzene based on the                                       Sec. 268.48        268.48         
                   TCLP in SW846 Method                                       standards.         standards.     
                   1311.                                                                                        
D019............  Wastes that are TC for  Carbon                    56-23-5  0.057 and meet     6.0 and meet    
                   Carbon tetrachloride    tetrachloride.                     Sec. 268.48        Sec. 268.48    
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D020............  Wastes that are TC for  Chlordane (alpha          57-74-9  0.0033 and meet    0.26 and meet   
                   Chlordane based on      and gamma                          Sec. 268.48        Sec. 268.48    
                   the TCLP in SW846       isomers).                          standards.         standards.     
                   Method 1311.                                                                                 
D021............  Wastes that are TC for  Chlorobenzene....        108-90-7  0.057 and meet     6.0 and meet    
                   Chlorobenzene based                                        Sec. 268.48        Sec. 268.48    
                   on the TCLP in SW846                                       standards.         standards.     
                   Method 1311.                                                                                 
D022............  Wastes that are TC for  Chloroform.......         67-66-3  0.046 and meet     6.0 and meet    
                   Chloroform based on                                        Sec. 268.48        Sec. 268.48    
                   the TCLP in SW846                                          standards.         standards.     
                   Method 1311.                                                                                 
D023............  Wastes that are TC for  o-Cresol.........         95-48-7  0.11 and meet      5.6 and meet    
                   o-Cresol based on the                                      Sec. 268.48        Sec. 268.48    
                   TCLP in SW846 Method                                       standards.         standards.     
                   1311.                                                                                        
D024............  Wastes that are TC for  m-Cresol                 108-39-4  0.77 and meet      5.6 and meet    
                   m-Cresol based on the   (difficult to                      Sec. 268.48        Sec. 268.48    
                   TCLP in SW846 Method    distinguish from                   standards.         standards.     
                   1311.                   p-cresol).                                                           
D025............  Wastes that are TC for  p-Cresol                 106-44-5  0.77 and meet      5.6 and meet    
                   p-Cresol based on the   (difficult to                      Sec. 268.48        Sec. 268.48    
                   TCLP in SW846 Method    distinguish from                   standards.         standards.     
                   1311.                   m-cresol).                                                           
D026............  Wastes that are TC for  Cresol-mixed            1319-77-3  0.88 and meet      11.2 and meet   
                   Cresols (Total) based   isomers                            Sec. 268.48        Sec. 268.48    
                   on the TCLP in SW846    (Cresylic acid)                    standards.         standards.     
                   Method 1311.            (sum of o-, m-,                                                      
                                           and p-cresol                                                         
                                           concentrations).                                                     
D027............  Wastes that are TC for  p-Dichlorobenzene        106-46-7  0.090 and meet     6.0 and meet    
                   p-Dichlorobenzene       (1,4-                              Sec. 268.48        Sec. 268.48    
                   based on the TCLP in    Dichlorobenzene).                  standards.         standards.     
                   SW846 Method 1311.                                                                           
D028............  Wastes that are TC for  1,2-                     107-06-2  0.21 and meet      6.0 and meet    
                   1,2-Dichloroethane      Dichloroethane.                    Sec. 268.48        Sec. 268.48    
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
[[Page 11746]]                                                                                                  
                                                                                                                
D029............  Wastes that are TC for  1,1-                      75-35-4  0.025 and meet     6.0 and meet    
                   1,1-Dichloroethylene    Dichloroethylene.                  Sec. 268.48        Sec. 268.48    
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D030............  Wastes that are TC for  2,4-                     121-14-2  0.32 and meet      140 and meet    
                   2,4-Dinitrotoluene      Dinitrotoluene.                    Sec. 268.48        Sec. 268.48    
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D031............  Wastes that are TC for  Heptachlor.......         76-44-8  0.0012 and meet    0.066 and meet  
                   Heptachlor based on                                        Sec. 268.48        Sec. 268.48    
                   the TCLP in SW846                                          standards.         standards.     
                   Method 1311.                                                                                 
                                          Heptachlor              1024-57-3  0.016 and meet     0.066 and meet  
                                           epoxide.                           Sec. 268.48        Sec. 268.48    
                                                                              standards.         standards.     
D032............  Wastes that are TC for  Hexachlorobenzene        118-74-1  0.055 and meet     10 and meet Sec.
                   Hexachlorobenzene                                          Sec. 268.48        268.48         
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D033............  Wastes that are TC for  Hexachlorobutadie         87-68-3  0.055 and meet     5.6 and meet    
                   Hexachlorobutadiene     ne.                                Sec. 268.48        Sec. 268.48    
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D034............  Wastes that are TC for  Hexachloroethane.         67-72-1  0.055 and meet     30 and meet Sec.
                   Hexachloroethane                                           Sec. 268.48        268.48         
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D035............  Wastes that are TC for  Methyl ethyl              78-93-3  0.28 and meet      36 and meet Sec.
                   Methyl ethyl ketone     ketone.                            Sec. 268.48        268.48         
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D036............  Wastes that are TC for  Nitrobenzene.....         98-95-3  0.068 and meet     14 and meet Sec.
                   Nitrobenzene based on                                      Sec. 268.48        268.48         
                   the TCLP in SW846                                          standards.         standards.     
                   Method 1311.                                                                                 
D037............  Wastes that are TC for  Pentachlorophenol         87-86-5  0.089 and meet     7.4 and meet    
                   Pentachlorophenol                                          Sec. 268.48        Sec. 268.48    
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D038............  Wastes that are TC for  Pyridine.........        110-86-1  0.014 and meet     16 and meet Sec.
                   Pyridine based on the                                      Sec. 268.48        268.48         
                   TCLP in SW846 Method                                       standards.         standards.     
                   1311.                                                                                        
D039............  Wastes that are TC for  Tetrachloroethyle        127-18-4  0.056 and meet     6.0 and meet    
                   Tetrachloroethylene     ne.                                Sec. 268.48        Sec. 268.48    
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D040............  Wastes that are TC for  Trichloroethylene         79-01-6  0.054 and meet     6.0 and meet    
                   Trichloroethylene                                          Sec. 268.48        Sec. 268.48    
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D041............  Wastes that are TC for  2,4,5-                    95-95-4  0.18 and meet      7.4 and meet    
                   2,4,5-Trichlorophenol   Trichlorophenol.                   Sec. 268.48        Sec. 268.48    
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D042............  Wastes that are TC for  2,4,6-                    88-06-2  0.035 and meet     7.4 and meet    
                   2,4,6-Trichlorophenol   Trichlorophenol.                   Sec. 268.48        Sec. 268.48    
                   based on the TCLP in                                       standards.         standards.     
                   SW846 Method 1311.                                                                           
D043............  Wastes that are TC for  Vinyl chloride...         75-01-4  0.27 and meet      6.0 and meet    
                   Vinyl chloride based                                       Sec. 268.48        Sec. 268.48    
                   on the TCLP in SW846                                       standards.         standards.     
                   Method 1311.                                                                                 
[[Page 11747]]                                                                                                  
                                                                                                                
F001, F002,       F001, F002, F003, F004  Acetone..........         67-64-1  0.28.............  160.            
 F003, F004 &      and/or F005 solvent    Benzene..........         71-43-2  0.14.............  10.             
 F005.             wastes that contain    n-Butyl alcohol..         71-36-3  5.6..............  2.6.            
                   any combination of     Carbon disulfide.         75-15-0  3.8..............  4.8 mg/l TCLP.  
                   one or more of the     Carbon                    56-23-5  0.057............  6.0.            
                   following spent         tetrachloride.          108-90-7  0.057............  6.0.            
                   solvents: acetone,     Chlorobenzene....         95-48-7  0.11.............  5.6.            
                   benzene, n-butyl       o-Cresol.........        108-39-4  0.77.............  5.6.            
                   alcohol, carbon        m-Cresol                 106-44-5  0.77.............  5.6.            
                   disulfide, carbon       (difficult to                                                        
                   tetrachloride,          distinguish from                                                     
                   chlorinated             p-cresol).                                                           
                   fluorocarbons,                                                                               
                   chlorobenzene, o-                                                                            
                   cresol, m-cresol, p-                                                                         
                   cresol,                                                                                      
                   cyclohexanone, o-                                                                            
                   dichlorobenzene, 2-                                                                          
                   ethoxyethanol, ethyl                                                                         
                   acetate, ethyl                                                                               
                   benzene, ethyl ether,                                                                        
                   isobutyl alcohol,                                                                            
                   methanol, methylene                                                                          
                   chloride, methyl                                                                             
                   ethyl ketone, methyl                                                                         
                   isobutyl ketone,                                                                             
                   nitrobenzene, 2-                                                                             
                   nitropropane,                                                                                
                   pyridine,                                                                                    
                   tetrachloroethylene,                                                                         
                   toluene, 1,1,1-                                                                              
                   trichloroethane,                                                                             
                   1,1,2-                                                                                       
                   trichloroethane,                                                                             
                   1,1,2-trichloro-1,2,2-                                                                       
                   trifluorethane,                                                                              
                   trichloroethylene,                                                                           
                   trichloromonofluorome                                                                        
                   thane, and/or xylenes                                                                        
                   [except as                                                                                   
                   specifically noted in                                                                        
                   other subcategories].                                                                        
                   See further details                                                                          
                   of these listings in                                                                         
                   Sec. 261.31.                                                                                 
                                          p-Cresol                1319-77-3  0.88.............  11.2.           
                                           (difficult to                                                        
                                           distinguish from                                                     
                                           m-cresol).                                                           
                                          Cresol-mixed                                                          
                                           isomers                                                              
                                           (Cresylic acid)                                                      
                                           (sum of o-, m-,                                                      
                                           and p-cresol                                                         
                                           concentrations).                                                     
                                          Cyclohexanone....        108-94-1  0.36.............  0.75 mg/l TCLP. 
                                          o-Dichlorobenzene         95-50-1  0.088............  6.0.            
                                          Ethyl acetate....        141-78-6  0.34.............  33.             
                                          Ethyl benzene....        100-41-4  0.057............  10.             
                                          Ethyl ether......         60-29-7  0.12.............  160.            
                                          Isobutyl alcohol.         78-83-1  5.6..............  170.            
                                          Methanol.........         67-56-1  5.6..............  0.75 mg/l TCLP. 
                                          Methylene                  75-9-2  0.089............  30.             
                                           chloride.                                                            
                                          Methyl ethyl              78-93-3  0.28.............  36.             
                                           ketone.                                                              
                                          Methyl isobutyl          108-10-1  0.14.............  33.             
                                           ketone.                                                              
                                          Nitrobenzene.....         98-95-3  0.068............  14.             
                                          Pyridine.........        110-86-1  0.014............  16.             
                                          Tetrachloroethyle        127-18-4  0.056............  6.0.            
                                           ne.                                                                  
                                          Toluene..........        108-88-3  0.080............  10.             
                                          1,1,1-                    71-55-6  0.054............  6.0.            
                                           Trichloroethane.                                                     
                                          1,1,2-                    79-00-5  0.054............  6.0.            
                                           Trichloroethane.                                                     
                                          1,1,2-Trichloro-          76-13-1  0.057............  30.             
                                           1,2,2-                                                               
                                           trifluoroethane.                                                     
                                          Trichloroethylene         79-01-6  0.054............  6.0.            
                                          Trichloromonofluo         75-69-4  0.020............  30.             
                                           romethane.                                                           
                                          Xylenes-mixed           1330-20-7  0.32.............  30.             
                                           isomers (sum of                                                      
                                           o-, m-, and p-                                                       
                                           xylene                                                               
                                           concentrations).                                                     
                  F003 and/or F005        Carbon disulfide.         75-15-0  3.8..............  4.8 mg/l TCLP.  
                   solvent wastes that    Cyclohexanone....        108-94-1  0.36.............  0.75 mg/l TCLP. 
                   contain any            Methanol.........         67-56-1  5.6..............  0.75 mg/l TCLP. 
                   combination of one or                                                                        
                   more of the following                                                                        
                   three solvents as the                                                                        
                   only listed F001-5                                                                           
                   solvents: carbon                                                                             
                   disulfide,                                                                                   
                   cyclohexanone, and/or                                                                        
                   methanol. (formerly                                                                          
                   Sec. 268.41(c)).                                                                             
                  F005 solvent waste      2-Nitropropane...         79-46-9  (WETOX or CHOXD)   INCIN.          
                   containing 2-                                              fb CARBN; or                      
                   Nitropropane as the                                        INCIN.                            
                   only listed F001-5                                                                           
                   solvent.                                                                                     
[[Page 11748]]                                                                                                  
                                                                                                                
                  F005 solvent waste      2-Ethoxyethanol..        110-80-5  BIODG: or INCIN..  INCIN.          
                   containing 2-                                                                                
                   Ethoxyethanol as the                                                                         
                   only listed F001-5                                                                           
                   solvent.                                                                                     
F006............  Wastewater treatment    Cadmium..........       7440-43-9  0.69.............  0.19 mg/l TCLP. 
                   sludges from           Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                   electroplating         Cyanides                  57-12-5  1.2..............  590.            
                   operations except       (Total)\7\.              57-12-5  0.86.............  30.             
                   from the following     Cyanides                7439-92-1  0.69.............  0.37 mg/l TCLP. 
                   processes: (1)          (Amenable)\7\.         7440-02-0  3.98.............  5.0 mg/l TCLP.  
                   Sulfuric acid          Lead.............       7440-22-4  0.43.............  0.30 mg/l TCLP. 
                   anodizing or           Nickel...........                                                     
                   aluminum; (2) tin      Silver...........                                                     
                   plating on carbon                                                                            
                   steel; (3) zinc                                                                              
                   plating (segregated                                                                          
                   basis) on carbon                                                                             
                   steel; (4) aluminum                                                                          
                   or zinc-aluminum                                                                             
                   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   Cadmium..........       7440-43-9  0.69.............  0.19 mg/l TCLP. 
                   bath solutions from     Chromium (Total)       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                   electroplating                                                                               
                   operations.                                                                                  
                                          Cyanides                  57-12-5  1.2..............  590.            
                                           (Total)\7\.                                                          
                                          Cyanides                  57-12-5  0.86.............  30.             
                                           (Amenable)\7\.                                                       
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
                                          Silver...........       7440-22-4  0.43.............  0.30 mg/l TCLP. 
F008............  Plating bath residues   Cadmium..........       7440-43-9  0.69.............  0.19 mg/l TCLP. 
                   from the bottom of     Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                   plating baths from     Cyanides                  57-12-5  1.2..............  590.            
                   electroplating          (Total)\7\.                                                          
                   operations where                                                                             
                   cyanides are used in                                                                         
                   the process.                                                                                 
                                          Cyanides                  57-12-5  0.86.............  30.             
                                           (Amenable)\7\.                                                       
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
                                          Silver...........       7440-22-4  0.43.............  0.30 mg/l TCLP. 
F009............  Spent stripping and     Cadmium..........       7440-43-9  0.69.............  0.19 mg/l TCLP. 
                   cleaning bath          Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                   solutions from         Cyanides                  57-12-5  1.2..............  590.            
                   electroplating          (Total)\7\.                                                          
                   operations where                                                                             
                   cyanides are used in                                                                         
                   the process.                                                                                 
                                          Cyanides                  57-12-5  0.86.............  30.             
                                           (Amenable)\7\.                                                       
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
                                          Silver...........       7440-22-4  0.43.............  0.30 mg/l TCLP. 
F010............  Quenching bath          Cyanides                  57-12-5  1.2..............  590.            
                   residues from oil       (Total)\7\.              57-12-5  0.86.............  30.             
                   baths from metal heat  Cyanides                                                              
                   treating operations     (Amenable)\7\.                                                       
                   where cyanides are                                                                           
                   used in the process.                                                                         
F011............  Spent cyanide           Cadmium..........       7440-43-9  0.69.............  0.19 mg/l TCLP. 
                   solutions from salt    Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                   bath pot cleaning      Cyanides                  57-12-5  1.2..............  590.            
                   from metal heat         (Total)\7\.                                                          
                   treating operations.                                                                         
                                          Cyanides                  57-12-5  0.86.............  30.             
                                           (Amenable)\7\.                                                       
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
                                          Silver...........       7440-22-4  0.43.............  0.30 mg/l TCLP. 
F012............  Quenching wastewater    Cadmium..........       7440-43-9  0.69.............  0.19 mg/l TCLP. 
                   treatment sludges      Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                   from metal heat        Cyanides                  57-12-5  1.2..............  590.            
                   treating operations     (Total)\7\.                                                          
                   where cyanides are                                                                           
                   used in the process.                                                                         
                                          Cyanides                  57-12-5  0.86.............  30.             
                                           (Amenable)\7\.                                                       
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
                                          Silver...........       7440-22-4  0.43.............  0.30 mg/l TCLP. 
                                                                                                                
[[Page 11749]]                                                                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
F037............  Petroleum refinery      Acenaphthene.....         83-32-9  0.059............  3.4.            
                   primary oil/water/     Anthracene.......        120-12-7  0.059............  3.4.            
                   solids separation      Benzene..........         71-43-2  0.14.............  10.             
                   sludge-Any sludge      Benz(a)anthracene         56-55-3  0.059............  3.4.            
                   generated from the     Benzo(a)pyrene...         50-32-8  0.061............  3.4.            
                   gravitational          bis(2-Ethylhexyl)        117-81-7  0.28.............  28.             
                   separation of oil/      phthalate.              218-01-9  0.059............  3.4.            
                   water/solids during    Chrysene.........         84-74-2  0.057............  28.             
                   the storage or         Di-n-butyl               100-41-4  0.057............  10.             
                   treatment of process    phthalate.               86-73-7  0.059............  3.4.            
                   wastewaters and oily   Ethylbenzene.....         91-20-3  0.059............  5.6.            
                   cooling wastewaters    Fluorene.........         85-01-8  0.059............  5.6.            
                   from petroleum         Naphthalene......        108-95-2  0.039............  6.2.            
                   refineries. Such       Phenanthrene.....        129-00-0  0.067............  8.2.            
                   sludges include, but   Phenol...........        108-88-3  0.080............  10.             
                   are not limited to,    Pyrene...........       1330-20-7  0.32.............  30.             
                   those generated in:    Toluene..........       7440-47-3                                     
                   oil/water/solids       Xylenes-mixed             57-12-5                                     
                   separators; tanks and   isomers.               7439-92-1  2.77.............  0.86 mg/l TCLP. 
                   impoundments; ditches  (sum of o-, m-, p-      7440-02-0  1.2..............  590.            
                   and other               xylene                            0.69.............  0.37 mg/l TCLP. 
                   conveyances; sumps;     concentrations).                  3.98.............  5.0 mg/l TCLP.  
                   and stormwater units   Chromium (Total).                                                     
                   receiving dry weather  Cyanides                                                              
                   flow. Sludge            (Total)\7\.                                                          
                   generated in           Lead.............                                                     
                   stormwater units that  Nickel...........                                                     
                   do not receive dry                                                                           
                   weather flow, sludges                                                                        
                   generated from non-                                                                          
                   contact once-through                                                                         
                   cooling waters                                                                               
                   segregated from                                                                              
                   treatment form other                                                                         
                   process or oily                                                                              
                   cooling waters,                                                                              
                   sludges generated in                                                                         
                   aggressive biological                                                                        
                   treatment units as                                                                           
                   defined in Sec.                                                                              
                   261.31(b)(2)                                                                                 
                   (including sludges                                                                           
                   generated in one or                                                                          
                   more additional units                                                                        
                   after wastewaters                                                                            
                   have been treated in                                                                         
                   aggressive biological                                                                        
                   treatment units) and                                                                         
                   K051 wastes are not                                                                          
                   included in this                                                                             
                   listing.                                                                                     
F038............  Petroleum refinery      Benzene..........         71-43-2  0.14.............  10.             
                   secondary              Benzo(a)pyrene...         50-32-8  0.061............  3.4.            
                   (emulsified) oil/      bis(2-Ethylhexyl)        117-81-7  0.28.............  28.             
                   water/solids            phthalate.              218-01-9  0.059............  3.4.            
                   separation sludge and/ Chrysene.........         84-74-2  0.057............  28.             
                   or float generated     Di-n-butyl               100-41-4  0.057............  10.             
                   from the physical and/  phthalate.               86-73-7  0.059............  3.4.            
                   or chemical            Ethylbenzene.....         91-20-3  0.059............  5.6.            
                   separation of oil/     Fluorene.........         85-01-8  0.059............  5.6.            
                   water/solids in        Naphthalene......        108-95-2  0.039............  6.2.            
                   process wastewaters    Phenanthrene.....        129-00-0  0.067............  8.2.            
                   and oil cooling        Phenol...........        108-88-3  0.080............  10.             
                   wastewaters from       Pyrene...........       1330-20-7  0.32.............  30.             
                   petroleum refineries.  Toluene..........       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                   Such wastes include,   Xylenes-mixed             57-12-5  1.2..............  590.            
                   but are not limited     isomers (sum of        7439-92-1  0.069............  0.37 mg/l TCLP. 
                   to, all sludges and     o-, m-, and p-         7440-02-0  3.98.............  5.0 mg/l TCLP.  
                   floats generated in:    xylene                                                               
                   induced air             concentrations)..                                                    
                   floatation (IAF)       Chromium (Total).                                                     
                   units, tanks and       Cyanides (Total)7                                                     
                   impoundments, and all  Lead.............                                                     
                   sludges generated in   Nickel...........                                                     
                   DAF units. Sludges                                                                           
                   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 oily                                                                              
                   cooling waters,                                                                              
                   sludges and floats                                                                           
                   generated in                                                                                 
                   aggressive biological                                                                        
                   treatment units as                                                                           
                   defined in Sec.                                                                              
                   261.31(b)(2)                                                                                 
                   (including sludges                                                                           
                   and floats generated                                                                         
                   in one or more                                                                               
                   additional units                                                                             
                   after wastewaters                                                                            
                   have been treated in                                                                         
                   aggressive biological                                                                        
                   units) and F037,                                                                             
                   K048, and K051 are                                                                           
                   not included in this                                                                         
                   listing.                                                                                     
[[Page 11750]]                                                                                                  
                                                                                                                
F039............  Leachate (liquids that  Acenaphthylene...        208-96-8  0.059............  3.4.            
                   have percolated        Acenaphthene.....         83-32-9  0.059............  3.4.            
                   through land disposed  Acetone..........         67-64-1  0.28.............  160.            
                   wastes) resulting      Acetonitrile.....         75-05-8  5.6..............  38.             
                   from the disposal of   Acetophenone.....         96-86-2  0.010............  9.7.            
                   more than one          2-                        53-96-3  0.059............  140             
                   restricted waste        Acetylaminofluor        107-02-8  0.29.............  2.9.            
                   classified as           ene.                    107-13-1  0.24.............  84.             
                   hazardous under        Acrolein.........        309-00-2  0.021............  0.066.          
                   subpart D of this      Acrylonitrile....         92-67-1  0.13.............  13.             
                   part. (Leachate        Aldrin...........         62-53-3  0.81.............  14.             
                   resulting from the     4-Aminobiphenyl..                                                     
                   disposal of one or     Aniline..........                                                     
                   more of the following                                                                        
                   EPA Hazardous Wastes                                                                         
                   and no other                                                                                 
                   Hazardous Wastes                                                                             
                   retains its EPA                                                                              
                   Hazardous Waste                                                                              
                   Number(s): F020,                                                                             
                   F021, F022, F026,                                                                            
                   F027, and/or F028.).                                                                         
                                          Anthracene.......        120-12-7  0.059............  3.4.            
                                          Aramite..........        140-57-8  0.36.............  2.5.            
                                          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.          
                                          Benzene..........         71-43-2  0.14.............  10.             
                                          Benz(a)anthracene         56-55-3  0.059............  3.4.            
                                          Benzo (b)                207-08-9  0.11.............  6.8.            
                                           fluoranthene                                                         
                                           (difficult to                                                        
                                           distinguiah from                                                     
                                           benzo (k)                                                            
                                           fluoranthene).                                                       
                                          Benzo(g,h,i)peryl        191-24-2  0.0055...........  1.8.            
                                           ene.                                                                 
                                          Benzo(a)pyrene...         50-32-8  0.061............  3.4.            
                                          Bromodichlorometh         75-27-4  0.35.............  15.             
                                           ane.                                                                 
                                          Methyl bromide            74-83-9  0.11.............  15.             
                                           (Bromomethane).                                                      
                                          4-Bromophenyl            101-55-3  0.055............  15.             
                                           phenyl ether.                                                        
                                          n-Butyl alcohol..         71-36-3  5.6..............  2.6.            
                                          Butyl benzyl              85-68-7  0.017............  28.             
                                           ohthalate.                                                           
                                          2-sec-Butyl-4, 6-         88-85-7  0.066............  2.5.            
                                           dinitrophenol                                                        
                                           (Dinoseb).                                                           
                                          Carbon disulfide.         75-15-0  3.8..............  4.8 mg/l TCLP.  
                                          Carbon                    56-23-5  0.057............  6.0.            
                                           tetrachloride.                                                       
                                          Chlordane (alpha          57-74-9  0.0033...........  0.26.           
                                           and gamma                                                            
                                           isomers).                                                            
                                          p-Chloroaniline..        106-47-8  0.46.............  16.             
                                          Chlorobenzene....        108-90-7  0.057............  6.0.            
                                          Chlorobenzilate..        510-15-6  0.10.............  6.6.            
                                          2-Chloro-1, 3-           126-99-8  0.057............  0.28.           
                                           butadiene.                                                           
                                          Chlorodibromometh        124-48-1  0.057............  15.             
                                           ane.                                                                 
                                          Chloroethane.....         75-00-3  0.27.............  6.0.            
                                          bis(2-                   111-91-1  0.036............  7.2.            
                                           Chloroethoxy)met                                                     
                                           hane.                                                                
                                          bis(2-                   111-44-4  0.033............  6.0.            
                                           Chloroethyl)ethe                                                     
                                           r.                                                                   
                                          Chloroform.......         67-66-3  0.046............  6.0.            
                                          bis(2-                 39638-32-9  0.055............  7.2.            
                                           Chloroisopropyl)                                                     
                                           ether.                                                               
                                          p-Chloro-m-cresol         59-50-7  0.018............  14.             
                                          Chloromethane             74-87-3  0.19.............  30.             
                                           (Methyl                                                              
                                           chloride).                                                           
                                          2-                        91-58-7  0.055............  5.6.            
                                           Chloronaphthalen                                                     
                                           e.                                                                   
                                          2-Chlorophenol...         95-57-8  0.044............  5.7.            
                                          3-                       107-05-1  0.036............  30.             
                                           Chloroprophylene.                                                    
                                          Chrysene.........        218-01-9  0.059............  3.4.            
                                          o-Cresol.........         95-48-7  0.11.............  5.6.            
                                          m-Cresol                 108-39-4  0.77.............  5.6.            
                                           (difficult to                                                        
                                           distinguish from                                                     
                                           p-cresol).                                                           
                                          p-Cresol                 106-44-5  0.77.............  5.6             
                                           (difficult to                                                        
                                           distinguish from                                                     
                                           m-cresol.                                                            
                                          Cyclohexanone....        108-94-1  0.36.............  0.75 mg/l TCLP. 
                                          1,2-Dibromo-3-            96-12-8  0.11.............  15.             
                                           chloropropane.                                                       
                                          Ethylene                 106-93-4  0.028............  15.             
                                           dibromide (1,2-                                                      
                                           Dibromoethane).                                                      
                                          Dibromomethane...         74-95-3  0.11.............  15.             
[[Page 11751]]                                                                                                  
                                                                                                                
                                          2,4-D (2,4-               94-75-7  0.72.............  10.             
                                           Dichlorophenoxya                                                     
                                           cetic acid).                                                         
                                          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)               53-70-3  0.055............  8.2.            
                                           anthracene.                                                          
                                          Dibenz(a,e)pyrene        192-65-4  0.061............  22.             
                                          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.            
                                          Dichlorodifluorom         75-71-8  0.23.............  7.2.            
                                           ethane.                                                              
                                          1,1-                      75-34-3  0.059............  6.0.            
                                           Dichloroethane.                                                      
                                          1,2-                     107-06-2  0.21.............  6.0.            
                                           Dichloroethane.                                                      
                                          1,1-                      75-35-4  0.025............  6.0.            
                                           Dichloroethylene.                                                    
                                          trans-1,2-               156-60-5  0.054............  30.             
                                           Dichloroethylene.                                                    
                                          2,4-                     120-83-2  0.044............  14.             
                                           Dichlorophenol.                                                      
                                          2,6-                      87-65-0  0.044............  14.             
                                           Dichlorophenol.                                                      
                                          1,2-                      78-87-5  0.85.............  18.             
                                           Dichloropropane.                                                     
                                          cis-1,3-               10061-01-5  0.036............  18.             
                                           Dichloropropylen                                                     
                                           e.                                                                   
                                          trans-1,3-             10061-02-6  0.036............  18.             
                                           Dichloropropylen                                                     
                                           e.                                                                   
                                          Dieldrin.........         60-57-1  0.017............  0.13.           
                                          Diethyl phthalate         84-66-2  0.20.............  28.             
                                          2,4-Dimethyl             105-67-9  0.036............  14.             
                                           phenol.                                                              
                                          Dimethyl                 131-11-3  0.047............  28.             
                                           phthalate.                                                           
                                          Di-n-butyl                64-74-2  0.057............  28.             
                                           phthalate.                                                           
                                          1,4-                     100-25-4  0.32.............  2.3.            
                                           Dinitrobenzene.                                                      
                                          4,6-Dinitro-o-           534-52-1  0.28.............  160.            
                                           cresol.                                                              
                                          2,4-Dinitrophenol         51-28-5  0.12.............  160.            
                                          2,4-                     121-14-2  0.32.............  140.            
                                           Dinitrotoluene.                                                      
                                          2,6-                     606-20-2  0.55.............  28.             
                                           Dinitrotoluene.                                                      
                                          Di-n-octyl               117-84-0  0.017............  28.             
                                           phthalate.                                                           
                                          Di-n-                    621-64-7  0.40.............  14.             
                                           propylnitrosamin                                                     
                                           e.                                                                   
                                          1,4-Dioxane......        123-91-1  8.67.............  170.            
                                          Diphenylamine            122-39-4  0.92.............  13.             
                                           (difficult to                                                        
                                           distinguish from                                                     
                                           diphenylnitrosam                                                     
                                           ine).                                                                
                                          Diphenylnitrosami         86-30-6  0.92.............  13.             
                                           ne (diffult to                                                       
                                           distinguish from                                                     
                                           diphenylamine).                                                      
                                          1,2-                     122-66-7  0.087............  1.5.            
                                           Diphenylhydrazin                                                     
                                           e.                                                                   
                                          Disulfoton.......        298-04-4  0.017............  6.2.            
                                          Endosulfan I.....        939-98-8  0.023............  0.066           
                                          Endosulfan II....       33213-6-5  0.029............  0.13.           
                                          Endosulfan              1-31-07-8  0.029............  0.13.           
                                           sulfate.                                                             
                                          Endrin...........         72-20-8  0.0028...........  0.13.           
                                          Endrin aldehyde..       7421-93-4  0.025............  0.13            
                                          Ethyl acetate....        141-78-6  0.34.............  33.             
                                          Ethyl cyanide            107-12-0  0.24.............  360.            
                                           (Propanenitrile).                                                    
                                          Ethyl benzene....        100-41-4  0.057............  10.             
                                          Ethyl ether......         60-29-7  0.12.............  160.            
                                          bis(2-                   117-81-7  0.28.............  28.             
                                           Ethylhexyl)phtha                                                     
                                           late.                                                                
                                          Ethyl                     97-63-2  0.14.............  160.            
                                           methacrylate.                                                        
                                          Ethylene oxide...         75-21-8  0.12.............  0.75.           
                                          Famphur..........         52-85-7  0.017............  15.             
                                          Fluoranthene.....        206-44-0  0.068............  3.4.            
                                          Fluorene.........         86-73-7  0.059............  3.4.            
                                          Heptachlor.......         76-44-8  0.0012...........  0.066.          
                                          Heptachlor              1024-57-3  0.016............  0.066.          
                                           epoxide.                                                             
                                          Hexachlorobenzene        118-74-1  0.055............  10.             
                                          Hexachlorobutadie         87-68-3  0.055............  5.6.            
                                           ne.                                                                  
                                          Hexachlorocyclope         77-47-4  0.057............  2.4.            
                                           ntadiene.                                                            
[[Page 11752]]                                                                                                  
                                                                                                                
                                          HxCDDs (All                    NA  0.000063.........  0.001.          
                                           Hexachlorodibenz                                                     
                                           o-p-dioxins).                                                        
                                          HxCDFs (All                    NA  0.000063.........  0.001.          
                                           Hexachlorodibenz                                                     
                                           ofurans).                                                            
                                          Hexachloroethane.         67-72-1  0.055............  30.             
                                          Hexachloropropyle       1888-71-7  0.035............  30.             
                                           ne.                                                                  
                                          Indeno (1,2,3-           193-39-5  0.0055...........  3.4.            
                                           c,d) pyrene.                                                         
                                          Iodomethane......         74-88-4  0.19.............  65.             
                                          Isobutyl alcohol.         78-83-1  5.6..............  170.            
                                          Isodrin..........        465-73-6  0.021............  0.066.          
                                          Isosafrole.......        120-58-1  0.081............  2.6.            
                                          Kepone...........        143-50-8  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.            
                                          Methoxychlor.....         72-43-5  0.25.............  0.18.           
                                          3-                        56-49-5  0.0055...........  15.             
                                           Methylcholanthre                                                     
                                           ne.                                                                  
                                          4,4-Methylene            101-14-4  0.50.............  30.             
                                           bis(2-                                                               
                                           chloroaniline).                                                      
                                          Methylene                 75-09-2  0.089............  30.             
                                           chloride.                                                            
                                          Methyl ethyl              78-93-3  0.28.............  36.             
                                           ketone.                                                              
                                          Methyl isobutyl          108-10-1  0.14.............  33.             
                                           ketone.                                                              
                                          Methyl                    80-62-6  0.14.............  160.            
                                           methacrylate.                                                        
                                          Methyl                    66-27-3  0.018............  4.6.            
                                           methansulfonate.                                                     
                                          Methyl parathion.        298-00-0  0.014............  4.6.            
                                          Naphthalene......         91-20-3  0.059............  5.6.            
                                          2-Naphthylamine..         91-59-8  0.52.............  15.             
                                          p-Nitroaniline...        100-01-6  0.028............  28.             
                                          Nitrobenzene.....         98-95-3  0.068............  14.             
                                          5-Nitro-o-                99-55-8  0.32.............  28.             
                                           toluidine.                                                           
                                          p-Nitrophenol....        100-02-7  0.12.............  29.             
                                          N-                        55-18-5  0.40.............  28.             
                                           Nitrosodiethylam                                                     
                                           ine.                                                                 
                                          N-                        62-75-9  0.40.............  2.3.            
                                           Nitrosodimethyla                                                     
                                           mine.                                                                
                                          N-Nitroso-di-n-          924-16-3  0.40.............  17.             
                                           butylamine.                                                          
                                          N-                     10595-95-6  0.40.............  2.3.            
                                           Nitrosomethyleth                                                     
                                           ylamine.                                                             
                                          N-                        59-89-2  0.40.............  2.3.            
                                           Nitrosomorpholin                                                     
                                           e.                                                                   
                                          N-                       100-75-4  0.013............  35.             
                                           Nitrosopiperidin                                                     
                                           e.                                                                   
                                          N-                       930-55-2  0.013............  35.             
                                           Nitrosopyrrolidi                                                     
                                           ne.                                                                  
                                          Parathion........         56-38-2  0.014............  4.6.            
                                          Total PCBs (sum         1336-36-3  0.10.............  10.             
                                           of all PCB                                                           
                                           isomers, or all                                                      
                                           Aroclors).                                                           
                                          Pentachlorobenzen        608-93-5  0.055............  10.             
                                           e.                                                                   
                                          PeCDDs (All                    NA  0.000063.........  0.001.          
                                           Pentachlorodiben                                                     
                                           zo-p-dioxins).                                                       
                                          PeCDFs (All                    NA  0.000035.........  0.001.          
                                           Pentachlorodiben                                                     
                                           zofurans).                                                           
                                          Pentachloronitrob         82-68-8  0.055............  4.8.            
                                           enzene.                                                              
                                          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.            
                                          Phorate..........        298-02-2  0.021............  4.6.            
                                          Phthalic                  85-44-9  0.055............  28.             
                                           anhydride.                                                           
                                          Pronamide........      23950-58-5  0.093............  1.5.            
                                          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.            
                                          2,4,5-T..........         93-76-5  0.72.............  7.9.            
                                          1,2,4,5-                  95-94-3  0.055............  14.             
                                           Tetrachlorobenze                                                     
                                           ne.                                                                  
                                          TCDDs (All                     NA  0.000063.........  0.001.          
                                           Tetrachlorodiben                                                     
                                           zo-p-dioxins).                                                       
[[Page 11753]]                                                                                                  
                                                                                                                
                                          TCDFs (All                     NA  0.000063.........  0.001.          
                                           Tetrachlorodiben                                                     
                                           zofurans).                                                           
                                          1,1,2,2-                 630-20-6  0.057............  6.0.            
                                           Tetrachloroethan                                                     
                                           e.                                                                   
                                          1,1,2,2-                  79-34-6  0.057............  6.0.            
                                           Tetrachloroethan                                                     
                                           e.                                                                   
                                          Tetrachloroethyle        127-18-4  0.056............  6.0.            
                                           ne.                                                                  
                                          2,3,4,6-                  58-90-2  0.030............  7.4.            
                                           Tetrachloropheno                                                     
                                           l.                                                                   
                                          Toluene..........        108-88-3  0.080............  10.             
                                          Toxaphene........       8001-35-2  0.0095...........  2.6.            
                                          Bromoform                 75-25-2  0.63.............  15.             
                                           (Tribromomethane                                                     
                                           ).                                                                   
                                          1,2,4-                   120-82-1  0.055............  19.             
                                           Trichlorobenzene.                                                    
                                          1,1,1-                    71-55-6  0.054............  6.0.            
                                           Trichloroethane.                                                     
                                          1,1,2-                    79-00-5  0.054............  6.0.            
                                           Trichloroethane.                                                     
                                          Trichloroethylene         79-01-6  0.054............  6.0.            
                                          Trichloromonofluo         75-69-4  0.020............  30.             
                                           romethane.                                                           
                                          2,4,5-                    95-95-4  0.18.............  7.4.            
                                           Trichlorophenol.                                                     
                                          2,4,6-                    88-06-2  0.035............  7.4.            
                                           Trichlorophenol.                                                     
                                          1,2,3-                    96-18-4  0.85.............  30.             
                                           Trichloropropane.                                                    
                                          1,1,2-Trichloro-          76-13-1  0.057............  30.             
                                           1,2,2-                                                               
                                           trifluoroethane.                                                     
                                          tris(2,3-                126-72-7  0.11.............  0.10.           
                                           Dibromopropyl)                                                       
                                           phosphate.                                                           
                                          Vinyl chloride...         75-01-4  0.27.............  6.0.            
                                          Xylenes-mixed           1330-20-7  0.32.............  30.             
                                           isomers (sum of                                                      
                                           o-, m-, and p-                                                       
                                           xylene                                                               
                                           concentrations).                                                     
                                          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                  57-12-5  1.2..............  590.            
                                           (Total)\7\.                                                          
                                          Cyanides                  57-12-5  0.86.............  30.             
                                           (Amenable)\7\.                                                       
                                          Fluoride.........      16964-48-8  35...............  48.             
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Mercury..........       7439-97-6  0.15.............  0.025 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..........       8496-25-8  14...............  NA.             
                                          Thallium.........       7440-28-0  1.4..............  0.078 mg/l TCLP.
                                          Vanadium.........       7440-62-2  4.3..............  .023.           
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K006............  Wastewater treatment    Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                   sludge from the        Lead.............       7439-92-1  0.69.............  0.37mg/l TCLP.  
                   production of chrome                                                                         
                   oxide green pigments                                                                         
                   (anhydrous).                                                                                 
                  Wastewater treatment    Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                   sludge from the        Lead.............       7439-92-1  0.69.............  0.37mg/l TCLP.  
                   production of chrome                                                                         
                   oxide green pigments                                                                         
                   (hydrated).                                                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K018............  Heavy ends from the     Chloroethane.....         75-00-3  0.27.............  6.0.            
                   fractionation column   Chloromethane....         74-87-3  0.19.............  30.             
                   in ethyl chloride      1,1-                      75-34-3  0.059............  6.0.            
                   production..            Dichloroethane.                                                      
                                          1,2-                     107-06-2  0.21.............  6.0.            
                                           Dichloroethane.                                                      
                                          Hexachlorobenzene        118-74-1  0.055............  10.             
                                          Hexachlorobutadie         87-68-3  0.055............  5.6.            
                                           ne.                                                                  
                                          Hexachloroethane.         67-72-1  0.055............  30.             
                                          Pentachloroethane         76-01-7  0.055............  6.0.            
                                          1,1,1-                    71-55-6  0.054............  6.0.            
                                           Trichloroethane.                                                     
K019............  Heavy ends from the     bis(2-                   111-44-4  0.033............  6.0.            
                   distillation of         Chloroethyl)ethe        108-90-7  0.057............  6.0.            
                   ethylene dichloride     r.                       67-66-3  0.046............  6.0.            
                   in ethylene            Chlorobenzene....                                                     
                   dichloride production. Chloroform.......                                                     
                                          p-Dichlorobenzene        106-46-7  0.090............  6.0.            
                                          1,2-                     107-06-2  0.21.............  6.0.            
                                           Dichloroethane.                                                      
[[Page 11754]]                                                                                                  
                                                                                                                
                                          Fluorene.........         86-73-7  0.059............  3.4             
                                          Hexachloroethane.         67-72-1  0.055............  30.             
                                          Naphthalene......         91-20-3  0.059............  5.6.            
                                          Phenanthrene.....         85-01-8  0.059............  5.6.            
                                          1,2,4,5-                  95-94-3  0.055............  14.             
                                           Tetrachlorobenze                                                     
                                           ne.                                                                  
                                          Tetrachlorothylen        127-18-4  0.056............  6.0.            
                                           e.                                                                   
                                          1,2,4-                   120-82-1  0.055............  19.             
                                           Tetrachlorobenze                                                     
                                           ne.                                                                  
                                          1,1,1-                    71-55-6  0.054............  6.0             
                                           Trichloroethane.                                                     
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K028............  Spent catalyst from     1,1-                      75-34-3  0.059............  6.0.            
                   the hydrochlorinator    Dichloroethane.                                                      
                   reactor in the                                                                               
                   production of 1,1,1-                                                                         
                   trichloroethane.                                                                             
                                          trans-1,2-               156-60-5  0.054............  30.             
                                           Dichloroethylene.                                                    
                                          Hexachlorobutadie         87-68-3  0.055............  5.6.            
                                           ne.                                                                  
                                          Hexachloroethane.         67-72-1  0.055............  30.             
                                          Pentachloroethane         76-01-7  0.055............  6.0.            
                                          1,1,1,2-                 630-20-6  0.057............  6.0.            
                                           Tetrachloroethan                                                     
                                           e.                                                                   
                                          1,1,2,2-                  79-34-6  0.057............  6.0.            
                                           Tetrachloroethan                                                     
                                           e.                                                                   
                                          Tetrachloroethyle        127-18-4  0.056............  6.0.            
                                           ne.                                                                  
                                          1,1,1-                    71-55-6  0.054............  6.0.            
                                           Trichloroethane.                                                     
                                          1,1,2-                    79-00-5  0.054............  6.0.            
                                           Trichloroethane.                                                     
                                          Cadmium..........       7440-43-9  0.69.............  0.19 mg/l TCLP. 
                                          Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K030............  Column bodies or heavy  o-Dichlorobenzene         95-50-1  0.088............  6.0.            
                   ends from the          p-Dichlorobenzene        106-46-7  0.090............  6.0.            
                   combined production    Hexachlorobutadie         87-68-3  0.055............  5.6.            
                   of trichloroethylene    ne.                                                                  
                   and perchloroethylene.                                                                       
                                          Hexachloroethane.         67-72-1  0.055............  30.             
                                          Hexachloropropyle       1888-71-7  0.035............  30.             
                                           ne.                                                                  
                                          Pentachlorobenzen        608-93-5  0.055............  10.             
                                           e.                                                                   
                                          Pentachloroethane         76-01-7  0.055............  6.0.            
                                          1,2,4,5-                  95-94-3  0.055............  14.             
                                           Tetrachlorobenze                                                     
                                           ne.                                                                  
                                          Tetrachloroethyle        127-18-4  0.056............  6.0.            
                                           ne.                                                                  
                                          1,2,4-                   120-82-1  0.055............  19.             
                                           Trichlorobenzene.                                                    
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K035............  Wastewater treatment    Acenaphthene.....         83-32-9  0.059............  3.4.            
                   sludges generated in                                                                         
                   the production of                                                                            
                   creosote.                                                                                    
                                          Anthracene.......        120-12-7  0.059............  3.4.            
                                          Benz (a)                  56-55-3  0.059............  3.4.            
                                           anthracene.                                                          
                                          Benzo (a) pyrene.         50-32-8  0.061............  3.4.            
                                          Chrysene.........        218-01-9  0.059............  3.4.            
                                          o-Cresol.........         95-48-7  0.11.............  5.6.            
                                          m-Cresol                 108-39-4  0.77.............  5.6.            
                                           (difficult to                                                        
                                           distinguish from                                                     
                                           p-cresol).                                                           
                                          p-Cresol                 106-44-5  0.77.............  5.6.            
                                           (difficult to                                                        
                                           distinguish from                                                     
                                           m-cresol).                                                           
                                          Dibenz(a,h)-              53-70-3  0.055............  8.2.            
                                           anthracene.                                                          
                                          Fluoranthene.....        206-44-0  0.068............  3.4.            
                                          Fluorene.........         86-73-7  0.068............  3.4.            
                                          Indeno(1,2,3-            193-39-5  0.0055...........  3.4.            
                                           cd)pyrene.                                                           
                                          Naphthalene......         91-20-3  0.059............  5.6.            
                                          Phenanthrene.....         85-01-8  0.059............  5.6.            
                                          Phenol...........        108-95-2  0.039............  6.2.            
                                          Pyrene...........        129-00-0  0.067............  8.2.            
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K048............  Dissolved air           Benzene..........         71-43-2  0.14.............  10.             
                   flotation (DAF) float                                                                        
                   from the petroleum                                                                           
                   refining industry.                                                                           
                                          Benzo(a)pyrene...         50-32-8  0.061............  3.4.            
                                          bis(2-Ethylhexyl)        117-81-7  0.28.............  28.             
                                           phthalate.                                                           
                                          Chrysene.........        218-01-9  0.059............  3.4.            
[[Page 11755]]                                                                                                  
                                                                                                                
                                          Di-n-butyl                84-74-2  0.057............  28.             
                                           phthalate.                                                           
                                          Ethylbenzene.....        100-41-4  0.057............  10.             
                                          Fluorene.........         86-73-7  0.059............  3.4.            
                                          Naphthalene......         91-20-3  0.059............  5.6.            
                                          Phenanthrene.....         85-01-8  0.059............  5.6.            
                                          Phenol...........        108-95-2  0.039............  6.2.            
                                          Pyrene...........        129-00-0  0.067............  8.2.            
                                          Toluene..........       108-88-33  0.080............  10.             
                                          Xylenes-mixed           1330-20-7  0.32.............  30.             
                                           isomers (sum of                                                      
                                           o-, m-, and p-                                                       
                                           xylene                                                               
                                           concentrations).                                                     
                                          Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                                          Cyanides                  57-12-5  1.2..............  590.            
                                           (Total)\7\.                                                          
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
K049............  Slop oil emulsion       Anthracene.......        120-12-7  0.059............  3.4.            
                   solids from the                                                                              
                   petroleum refining                                                                           
                   industry.                                                                                    
                                          Benzene..........         71-43-2  0.14.............  10.             
                                          Benzo(a)pyrene...         50-32-8  0.061............  3.4.            
                                          bis(2-Ethylhexyl)        117-81-7  0.28.............  28.             
                                           phthalate.                                                           
                                          Carbon disulfide.         75-15-0  3.8..............  4.8 mg/l TCLP.  
                                          Chrysene.........       2218-01-9  0.059............  3.4.            
                                          2,4-                     105-67-9  0.036............  14.             
                                           Dimethylphenol.                                                      
                                          Ethylbenzene.....        100-41-4  0.057............  10.             
                                          Naphthalene......         91-20-3  0.059............  5.6.            
                                          Phenanthrene.....         85-01-8  0.059............  5.6.            
                                          Phenol...........        108-95-2  0.039............  6.2.            
                                          Pyrene...........        129-00-0  0.067............  8.2.            
                                          Toluene..........        108-88-3  0.080............  10.             
                                          Xylenes-mixed           1330-20-7  0.32.............  30.             
                                           isomers (sum of                                                      
                                           o-, m-, and p-                                                       
                                           xylene                                                               
                                           concentrations).                                                     
                                          Cyanides                  57-12-5  1.2..............  590.            
                                           (Total)\7\.                                                          
                                          Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.96.............  5.0 mg/l TCLP.  
K050............  Heat exchanger bundle   Benzo(a)pyrene...         50-32-8  0.061............  3.4             
                   cleaning sludge from                                                                         
                   the petroleum                                                                                
                   refining industry.                                                                           
                                          Phenol...........        108-95-2  0.039............  6.2.            
                                          Cyanides                  57-12-5  1.2..............  590.            
                                           (Total)\7\.                                                          
                                          Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
K051............  API separator sludge    Acenaphthene.....         83-32-9  0.059............  3.4.            
                   from the petroleum                                                                           
                   refining industry.                                                                           
                                          Anthracene.......        120-12-7  0.059............  3.4.            
                                          Benz(a)anthracene         56-55-3  0.059............  3.4.            
                                          Benzene..........         71-43-2  0.14.............  10.             
                                          Benzo(a)pyrene...         50-32-8  0.061............  3.4.            
                                          bis(2-Ethylhexyl)        117-81-7  0.28.............  28.             
                                           phthalate.                                                           
                                          Chrysene.........       2218-01-9  0.059............  3.4.            
                                          Di-n-butyl               105-67-9  0.057............  28.             
                                           phthalate.                                                           
                                          Ethylbenzene.....        100-41-4  0.057............  10.             
                                          Fluorene.........         86-73-7  0.059............  3.4.            
                                          Naphthalene......         91-20-3  0.059............  5.6.            
                                          Phenanthrene.....         85-01-8  0.059............  5.6.            
                                          Phenol...........        108-95-2  0.039............  6.2.            
                                          Pyrene...........        129-00-0  0.067............  8.2.            
                                          Toluene..........        108-88-3  0.08.............  10.             
                                          Xylenes-mixed           1330-20-7  0.32.............  30.             
                                           isomers (sum of                                                      
                                           0-, m-, and p-                                                       
                                           xylene                                                               
                                           concentrations).                                                     
                                          Cyanides                  57-12-5  1.2..............  590.            
                                           (Total)\7\.                                                          
                                          Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
[[Page 11756]]                                                                                                  
                                                                                                                
K052............  Tank bottoms (leaded)   Benzene..........         71-43-2  0.14.............  10.             
                   from the petroleum     Benzo(a)pyrene...         50-32-8  0.061............  3.4.            
                   refining industry.                                                                           
                                          o-Cresol.........         95-48-7  0.11.............  5.6.            
                                          m-Cresol                 108-39-4  0.77.............  5.6.            
                                           (difficult to                                                        
                                           distinguish from                                                     
                                           p-cresol).                                                           
                                          p-Cresol                 106-44-5  0.77.............  5.6.            
                                           (difficult to                                                        
                                           distinguish from                                                     
                                           m-cresol).                                                           
                                          2,4-                     105-67-9  0.036............  14.             
                                           Dimethylphenol.                                                      
                                          Ethylbenzene.....        100-41-4  0.057............  10.             
                                          Naphthalene......         91-20-3  0.059............  5.6.            
                                          Phenanthrene.....         85-01-8  0.059............  5.6.            
                                          Phenol...........        108-95-2  0.039............  6.2.            
                                          Toluene..........        108-88-3  0.08.............  10.             
                                          Xylenes-mixed           1330-20-7  0.32.............  30.             
                                           isomers (sum of                                                      
                                           o-, m-, and p-                                                       
                                           xylene                                                               
                                           concentrations).                                                     
                                          Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                                          Cyanides                  57-12-5  1.2..............  590.            
                                           (Total)\7\.                                                          
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K061............  Emission control dust/  Antimony.........       7440-36-0  1.9..............  2.1 mg/l TCLP.  
                   sludge from the        Arsenic..........       7440-38-2  1.4..............  5.0 mg/l TCLP.  
                   primary production of  Barium...........       7440-39-3  1.2..............  7.6 mg/l TCLP.  
                   steel in electric                                                                            
                   furnaces.                                                                                    
                                          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. 
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Mercury..........       7439-97-6  0.15.............  0.025 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. 
                                          Thallium.........       7440-28-0  1.4..............  0.078 mg/l TCLP.
                                          Zinc.............       7440-66-6  2.61.............  5.3 mg/l TCLP.  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K083............  Distillation bottoms    Aniline..........         62-53-3  0.81.............  14.             
                   from aniline           Benzene..........         71-43-2  0.14.............  10.             
                   production.                                                                                  
                                          Cyclohexanone....        108-94-1  0.36.............  0.75 mg/l TCLP. 
                                          Diphenylamine            122-39-4  0.92.............  13.             
                                           (difficult to                                                        
                                           distinguish from                                                     
                                           diphenylnitrosam                                                     
                                           ine).                                                                
                                          Diphenylnitrosami         86-30-6  0.92.............  13.             
                                           ne (difficult to                                                     
                                           distinguish from                                                     
                                           diphenylamine).                                                      
                                          Nitrobenzene.....         98-95-3  0.068............  14.             
                                          Phenol...........        108-95-2  0.039............  6.2.            
                                          Nickel...........       7440-02-0  3.98.............  5.0 mg/l TCLP.  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K086............  Solvent wastes and      Acetone..........         67-64-1  0.28.............  160.            
                   sludges, caustic       Acetophenone.....         96-86-2  0.010............  9.7.            
                   washes and sludges,    bis(2-Ethylhexyl)        117-81-7  0.28.............  28.             
                   or water washes and     phthalate.               71-36-3  5.6..............                  
                   sludges from cleaning  n-Butyl alcohol..                                     2.6.            
                   tubs and equipment                                                                           
                   used in the                                                                                  
                   formulation of ink                                                                           
                   from pigments,                                                                               
                   driers, soaps, and                                                                           
                   stabilizers                                                                                  
                   containing chromium                                                                          
                   and lead.                                                                                    
                                          Butylbenzyl               85-68-7  0.017............  28.             
                                           phthalate.                                                           
                                          Cyclohexanone....        108-94-1  0.36.............  0.75 mg/l TCLP. 
                                          o-Dichlorobenzene         95-50-1  0.088............  .6.0            
                                          Diethyl phthalate         84-66-2  0.20.............  28.             
                                          Dimethyl                 131-11-3  0.047............  28.             
                                           phthalate.                                                           
                                          Di-n-butyl                84-74-2  0.057............  28.             
                                           phthalate.                                                           
                                          Di-n-octyl               117-84-0  0.017............  28.             
                                           phthalate.                                                           
                                          Ethyl acetate....        141-78-6  0.34.............  33.             
                                          Ethylbenzene.....        100-41-4  0.057............  10.             
[[Page 11757]]                                                                                                  
                                                                                                                
                                          Methanol.........         67-56-1  5.6..............  0.75 mg/l TCLP. 
                                          Methyl ethyl              78-93-3  0.28.............  36.             
                                           ketone.                                                              
                                          Methyl isobutyl          108-10-1  0.14.............  33.             
                                           ketone.                                                              
                                          Methylene                 75-09-2  0.089............  30.             
                                           chloride.                                                            
                                          Naphthalene......         91-20-3  0.059............  5.6.            
                                          Nitrobenzene.....         98-95-3  0.068............  14.             
                                          Toluene..........        108-88-3  0.080............  10.             
                                          1,1,1-                    71-55-6  0.054............  6.0.            
                                           Trichloroethane.                                                     
                                          Trichloroethylene         79-01-6  0.054............  6.0.            
                                          Xylenes-mixed           1330-20-7  0.32.............  30.             
                                           isomers (sun of                                                      
                                           o-, m-, and p-                                                       
                                           xylene                                                               
                                           concentrations).                                                     
                                          Chromium (Total).       7440-47-3  2.77.............  0.86 mg/l TCLP. 
                                          Cyanides                  57-12-5  1.2..............  590.            
                                           (Total)\7\.                                                          
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K088............  Spent potliners from    Acenaphthene.....         83-32-9  0.059............  3.4.            
                   primary aluminum       Anthracene.......        120-12-7  0.059............  3.4.            
                   reduction.                                                                                   
                                          Benz(a)anthracene         56-55-3  0.059............  3.4.            
                                          Benzo(a)pyrene...         50-32-8  0.061............  3.4.            
                                          Benzo(b)fluoranth        205-99-2  0.11.............  6.8.            
                                           ene.                                                                 
                                          Benzo(k)fluoranth        207-08-9  0.11.............  6.8.            
                                           ene.                                                                 
                                          Benzo(g,h,i)peryl        191-24-2  0.0055...........  1.8.            
                                           ene.                                                                 
                                          Chrysene.........        218-01-9  0.059............  3.4.            
                                          Dibenz(a,h)anthra         53-70-3  0.055............  8.2.            
                                           cene.                                                                
                                          Fluoranthene.....        206-44-0  0.068............  3.4.            
                                          Indeno(1,2,3,-           193-39-5  0.0055...........  3.4.            
                                           c,d)pyrene.                                                          
                                          Phenanthrene.....         85-01-8  0.059............  5.6.            
                                          Pyrene...........        129-00-0  0.067............  8.2.            
                                          Antimony.........       7440-36-0  1.9..............  2.1.            
                                          Arsenic..........       7440-38-2  1.4..............  5.0.            
                                          Barium...........       7440-39-3  1.2..............  7.6.            
                                          Beryllium........       7440-41-7  0.82.............  0.014.          
                                          Cadmium..........       7440-43-9  0.69.............  0.19.           
                                          Chromium (Total).       7440-47-3  2.77.............  0.86.           
                                          Lead.............       7439-92-1  0.69.............  0.37.           
                                          Mercury..........       7439-97-6  0.15.............  0.025.          
                                          Nickel...........       7440-02-0  3.98.............  5.0.            
                                          Selenium.........       7782-49-2  0.82.............  0.16.           
                                          Silver...........       7440-22-4  0.43.............  0.30.           
                                          Cyanide (Total)..         57-12-5  1.2..............  590.            
                                          Cyanide                   57-12-5  0.86.............  30.             
                                           (Amenable).                                                          
                                          Fluoride.........      16964-48-8  35...............  48.             
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K101............  Distillation tar        o-Nitroaniline...         88-74-4  0.27.............  14.             
                   residues from the      Arsenic..........      7440-38--2  1.4..............  5.0 mg/l TCLP.  
                   distillation of        Cadmium..........       7440-43-9  0.69.............  0.19 mg/l TCLP. 
                   aniline-based          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                   compounds in the                                                                             
                   production of                                                                                
                   veterinary                                                                                   
                   pharmaceuticals from                                                                         
                   arsenic or organo-                                                                           
                   arsenic compounds.                                                                           
                                          Mercury..........       7439-97-6  0.15.............  0.025 mg/l TCLP.
K102............  Residue from the use    o-Nitrophenol....         88-75-5  0.028............  13.             
                   of activated carbon    Arsenic..........       7440-38-2  1.4..............  5.0 mg/l TCLP.  
                   for decolorization in  Cadmium..........       7440-43-9  0.69.............  0.19 mg/l TCLP. 
                   the production of                                                                            
                   veterinary                                                                                   
                   pharmaceuticals from                                                                         
                   arsenic or organo-                                                                           
                   arsenic compounds.                                                                           
                                          Lead.............       7439-92-1  0.69.............  0.37 mg/l TCLP. 
                                          Mercury..........       7439-97-6  0.15.............  0.025 mg/l TCLP.
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K-140...........  Waste solids and        2,4,6-                   118-79-6  0.035............  7.4             
                   filter cartridges       Tribromophenol.         108-88-3  0.080............  10.             
                   from the production    Tolurene.........                                                     
                   of 2,4,6-                                                                                    
                   tribromophenol.                                                                              
                                                                                                                
[[Page 11758]]                                                                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
K156............  Organic waste           Acetonitrile.....         75-05-8  5.6..............  1.8.            
                   (including heavy       Acetophenone.....         96-86-2  0.010............  9.7.            
                   ends, still bottoms,   Aniline..........         62-53-3  0.81.............  14.             
                   light ends, spent      Benomyl..........      17804-35-2  0.056............  1.4.            
                   solvents, filtrates,                                                                         
                   and decantates) from                                                                         
                   the production of                                                                            
                   carbamates and                                                                               
                   carbamoyl oximes.                                                                            
                                          Benzene..........         71-43-2  0.14.............  10.             
                                          Carbaryl.........         63-25-2  0.006............  0.14.           
                                          Carbenzadim......      10605-21-7  0.056............  1.4.            
                                          Carbofuran.......       1563-66-2  0.006............  0.14.           
                                          Carbosulfan......      55285-14-8  0.028............  1.4.            
                                          Chlorobenzene....        108-90-7  0.057............  6.0.            
                                          Chloroform.......         67-66-3  0.046............  6.0.            
                                          o-Dichlorobenzene         95-50-1  0.088............  6.0.            
                                          Methomyl.........      16752-77-5  0.028............  0.14.           
                                          Methylene                 75-09-2  0.089............  30.             
                                           chloride.                                                            
                                          Methyl ethyl              78-93-3  0.28.............  36.             
                                           ketone.                                                              
                                          Naphthalene......         91-20-3  0.059............  5.6.            
                                          Phenol...........        108-95-2  0.039............  6.2.            
                                          Pyridine.........        110-86-1  0.014............  16.             
                                          Toluene..........        108-88-3  0.080............  10.             
                                          Triethylamine....        121-44-8  0.081............  1.5.            
K157............  Wastewaters (including  Carbon                    56-23-5  0.057............  6.0.            
                   scrubber waters,        tetrachloride.           67-66-3  0.046............  6.0.            
                   condenser waters,      Chloroform.......         74-87-3  0.19.............  30.             
                   washwaters, and        Chloromethane....      16752-77-5  0.028............  0.14.           
                   separation waters)     Methomyl.........                                                     
                   from the production                                                                          
                   of carbamates and                                                                            
                   carbamoly oximes.                                                                            
                                          Methylene                 75-09-2  0.089............  30.             
                                           chloride.                                                            
                                          Methyl ethyl              78-93-3  0.28.............  36.             
                                           ketone.                                                              
                                          o-                        95-54-5  0.056............  5.6.            
                                           Phenylenediamine.                                                    
                                          Pyridine.........        110-86-1  0.014............  16.             
                                          Triethylamine....        121-44-8  0.081............  1.5.            
K158............  Bag house dusts and     Benomyl..........      17804-35-2  0.056............  1.4.            
                   filter/separation      Benzene..........         71-43-2  0.14.............  10.             
                   solids from the        Carbenzadim......      10605-21-7  0.056............  1.4.            
                   production of                                                                                
                   carbamates and                                                                               
                   carbamoly oximes.                                                                            
                                          Carbofuran.......       1563-66-2  0.006............  0.14.           
                                          Carbosulfan......      55285-14-8  0.028............  1.4.            
                                          Chloroform.......         67-66-3  0.046............  6.0.            
                                          Methylene                 75-09-2  0.089............  30.             
                                           chloride.                                                            
                                          Phenol...........        108-95-2  0.039............  6.2.            
K159............  Organics from the       Benzene..........         71-43-2  0.14.............  10.             
                   treatment of           Butylate.........       2008-41-5  0.003............  1.5.            
                   thiocarbamate wastes.                                                                        
                                          EPTC (Eptam).....        759-94-4  0.003............  1.4.            
                                          Molinate.........       2212-67-1  0.003............  1.4.            
                                          Pebulate.........       1114-71-2  0.003............  1.4.            
                                          Vemolate.........       1929-77-7  0.003............  1.4.            
K160............  Solids (including       Butylate.........       2008-41-5  0.003............  1.5.            
                   filter wastes,         EPTC (Eptam).....        759-94-4  0.003............  1.4.            
                   separation solids,     Molinate.........       2212-67-1  0.003............  1.4.            
                   and spent catalysts)   Pebulate.........      t1114-71-2  0.003............  1.4.            
                   from the production                                                                          
                   of thiocarabamates                                                                           
                   and solids from the                                                                          
                   treatment of                                                                                 
                   thiocarbamate wastes.                                                                        
                                          Toluene..........        108-88-3  0.080............  10.             
                                          Vemolate.........       1929-77-7  0.003............  1.4.            
K161............  Purification solids     Antimony.........       7440-36-0  1.9..............  2.1 mg/l TCLP.  
                   (including             Arsenic..........       7440-38-2  1.4..............  5.0 mg/l TCLP.  
                   filtration,            Carbon disulfide.         75-15-0  3.8..............  4.8 mg/l TCLP.  
                   evaporation, and       Dithiocarbamates         137-30-4  0.028............  28.             
                   centrifugation          (total).                                                             
                   solids), baghouse                                                                            
                   dust and floor                                                                               
                   sweepings from the                                                                           
                   production of                                                                                
                   dithiocarbamate acids                                                                        
                   and their salts.                                                                             
                                          Lead.............       7439-92-1  0.69.............  0.37 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. 
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
P003............  Acrolein..............  Acrolein.........        107-02-8  0.29.............  2.8.            
                                                                                                                
                                                                                                                
                                                                                                                
 [[Page 11759]]*                  *                  *                  *                  *                  * 
                                                               *                                                
P013............  Barium cyanide........  Barium...........       7440-39-3  1.2..............  7.6 mg/l TCLP.  
                                          Cyanides                  57-12-5  1.2..............  590.            
                                           (Total)\7\.                                                          
                                          Cyanides                  57-12-5  0.86.............  30.             
                                           (Amenable)\7\.                                                       
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
P056............  Fluorine..............  Fluoride               16964-48-8  35...............  48.             
                                           (measured in                                                         
                                           wastewaters                                                          
                                           only).                                                               
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
P127............  Carbofuran............  Carbofuran.......       1563-66-2  0.006............  0.14.           
P128............  Mexacarbate...........  Mexacarbate......        315-18-4  0.056............  1.4.            
P185............  Tirpate...............  Tirpate..........      26419-73-8  0.056............  0.28.           
P188............  Physostigmine           Physostigmine             57-64-7  0.056............  1.4.            
                   salicylate.             salicylate.                                                          
P189............  Carbosulfan...........  Carbosulfan......      55285-14-8  0.028............  1.4.            
P190............  Metolcarb.............  Metolcarb........       1129-41-5  0.056............  1.4.            
P191............  Dimetilan.............  Dimetilan........        644-64-4  0.056............  1.4.            
P192............  Isolan................  Isolan...........        119-38-0  0.056............  1.4.            
P194............  Oxamyl................  Oxamyl...........      23135-22-0  0.056............  0.28.           
P196............  Manganese               Dithiocarbamates         137-30-4  0.028............  28.             
                   dimethyldithiocarbama   (total).                                                             
                   te.                                                                                          
P197............  Formparanate..........  Formparanate.....      17702-57-7  0.056............  1.4.            
P198............  Formetanate             Formetanate            23422-53-9  0.056............  1.4.            
                   hydrochloride.          hydrochloride.                                                       
P199............  Methiocarb............  Methiocarb.......       2032-65-7  0.056............  1.4.            
P201............  Promecarb.............  Promecarb........       2631-37-0  0.056............  1.4.            
P202............  m-Cumenyl               m-Cumenyl                 64-00-6  0.056............  1.4.            
                   methylcarbamate.        methylcarbamate.                                                     
P203............  Aldicarb sulfone......  Aldicarb sulfone.       1646-88-4  0.056............  0.28.           
P204............  Physostigmine.........  Physostigmine....         57-47-6  0.056............  1.4.            
P205............  Ziram.................  Dithiocarbamates         137-30-4  0.028............  28.             
                                           (total).                                                             
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
U038............  Chlorobenzilate.......  Chlorobenzilate..        510-15-6  0.10.............  6.6.            
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
U042............  2-Chloroethyl vinyl     2-Chloroethyl            110-75-8  0.062............  5.6.            
                   ether.                  vinyl ether.                                                         
                                                                                                                
U093............  p-                      p-                        60-11-7  0.13.............  29.             
                   Dimethylaminoazobenze   Dimethylaminoazo                                                     
                   ne.                     benzene.                                                             
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
U134............  Hydrogen fluoride.....  Fluoride               16964-48-8  35...............  48.             
                                           (measured in                                                         
                                           wastewaters                                                          
                                           only).                                                               
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
U168............  2-Naphthylamine.......  2-Naphthylamine..         91-59-8  0.52.............  15.             
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
U271............  Benomyl...............  Benomyl..........      17804-35-2  0.056............  1.4.            
U277............  Sulfallate............  Dithiocarbamates         137-30-4  0.028............  28.             
                                           (total).                                                             
U278............  Bendiocarb............  Bendiocarb.......      22781-23-3  0.056............  1.4.            
U279............  Carbaryl..............  Carbaryl.........         63-25-2  0.006............  0.14.           
U280............  Barban................  Barban...........        101-27-9  0.056............  1.4.            
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
U364............  Bendiocarb phenol.....  Bendiocarb phenol      22961-82-6  0.056............  1.4.            
U365............  Molinate..............  Molinate.........       2212-67-1  0.003............  1.4.            
U366............  Dazomet...............  Dithiocarbamates         137-30-4  0.028............  28.             
                                           (total).                                                             
U367............  Carbofuran phenol.....  Carbofuran phenol       1563-38-8  0.056............  1.4.            
U372............  Carbendazim...........  Carbendazim......      10605-21-7  0.056............  1.4.            
U373............  Propham...............  Propham..........        122-42-9  0.056............  1.4.            
U375............  3-Iodo-2-propynyl n-    3-Iodo-2-propynyl      55406-53-6  0.056............  1.4.            
                   butylcarbamate.         n-butylcarbamate.                                                    
U376............  Selenium, tetrakis      Dithiocarbamates         137-30-4  0.028............  28.             
                   (dimethyldithiocarbam   (total).                                                             
                   ate).                                                                                        
                  Selenium..............  Selenium.........       7782-49-2  0.82.............  0.16 mg/l TCLP. 
U377............  Potassium n-            Dithiocarbamates         137-30-4  0.028............  28.             
                   methyldithiocarbamate.  (total).                                                             
U378............  Potassium n-            Dithiocarbamates         137-30-4  0.028............  28.             
                   hydroxymethyl-n-        (total).                                                             
                   methyldithiocarbamate.                                                                       
U379............  Sodium                  Dithiocarbamates         137-30-4  0.028............  28.             
                   dibutyldithiocarbamat   (total).                                                             
                   e.                                                                                           
[[Page 11760]]                                                                                                  
                                                                                                                
U381............  Sodium                  Dithiocarbamates         137-30-4  0.028............  28.             
                   diethyldithiocarbamat   (total).                                                             
                   e.                                                                                           
U382............  Sodium                  Dithiocarbamates         137-30-4  0.028............  28.             
                   dimethyldithiocarbama   (total).                                                             
                   te.                                                                                          
U383............  Potassium dimethyl      Dithiocarbamates         137-30-4  0.028............  28.             
                   dithiocarbamate.        (total).                                                             
U384............  Metam Sodium..........  Dithiocarbamates         137-30-4  0.028............  28.             
                                           (total).                                                             
U385............  Vemolate..............  Vemolate.........       1929-77-7  0.003............  1.4.            
U386............  Cycloate..............  Cycloate.........       1134-23-2  0.003............  1.4.            
U387............  Prosulfocarb..........  Prosulfocarb.....      52888-80-9  0.003............  1.4.            
U389............  Triallate.............  Triallate........       2303-17-5  0.003............  1.4.            
U390............  EPTC..................  EPTC.............        759-94-4  0.003............  1.4.            
U391............  Pebulate..............  Pebulate.........       1114-71-2  0.003............  1.4.            
U392............  Butylate..............  Butylate.........       2008-41-5  0.003............  1.4.            
U393............  Copper                  Dithiocarbamates         137-30-4  0.028............  28.             
                   dimethyldithiocarbama   (total).                                                             
                   te.                                                                                          
U394............  A2213.................  A2213............      30558-43-1  0.003............  1.4.            
U395............  Diethylene glycol,      Diethylene              5952-26-1  0.056............  1.4.            
                   dicarbamate.            glycol,                                                              
                                           dicarbamate.                                                         
U396............  Ferbam................  Dithiocarbamates         137-30-4  0.028............  28.             
                                           (total).                                                             
U400............  Bis(pentamethylene)thi  Dithiocarbamates         137-30-4  0.028............  28.             
                   uram tetrasulfide.      (total).                                                             
U401............  Tetramethyl thiuram     Dithiocarbamates         137-30-4  0.028............  28.             
                   monosulfide.            (total).                                                             
U402............  Tetrabutylthiuram       Dithiocarbamates         137-30-4  0.028............  28.             
                   disulfide.              (total).                                                             
U403............  Disulfiram............  Dithiocarbamates         137-30-4  0.028............  28.             
                                           (total).                                                             
U404............  Triethylamine.........  Triethylamine....        101-44-8  0.081............  1.5.            
U407............  Ethyl Ziram...........  Dithiocarbamates         137-30-4  0.028............  28.             
                                           (total).                                                             
U408............  2,4,6-Tribromophenol..  2,4,6-                   118-79-6  0.035............  7.4.            
                                           Tribromophenol.                                                      
U409............  Thiophanate-methyl....  Thiophanate-           23564-05-8  0.056............  1.4.            
                                           methyl.                                                              
U410............  Thiodicarb............  Thiodicarb.......      59669-26-0  0.019............  1.4.            
U411............  Propoxur..............  Propoxur.........        114-26-1  0.056............  1.4.            
----------------------------------------------------------------------------------------------------------------
\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 its 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 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 1    
  hour and 15 minutes.                                                                                          
                                                                                                                
Note: NA means not applicable.                                                                                  

    19. Section 268.44 is amended by revising paragraph (a) to read as 
follows:


Sec. 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 Sec. 268.48.
* * * * *
    20. In subpart D, Sec. 268.48, the table in paragraph (a) is 
revised to read as follows:
    (a) * * *


Sec. 268.48  Universal Treatment Standards.

                                                                                                                
[[Page 11761]]                                                                                                  
                              Sec. 268.48  Table UTS--Universal Treatment Standards                             
----------------------------------------------------------------------------------------------------------------
                                                                             Wastewater        Nonwastewater    
                                                                              standard            standard      
                                                                         ---------------------------------------
            Regulated constituent/common name               CAS\1\ No.                      Concentration in mg/
                                                                           Concentration   kg\3\ unless noted as
                                                                             in mg/l\2\        ``mg/l TCLP''    
----------------------------------------------------------------------------------------------------------------
A2213...................................................      30558-43-1         0.003     1.4                  
Acenaphthylene..........................................        208-96-8         0.059     3.4                  
Acenaphthene............................................         83-32-9         0.059     3.4                  
Acetone.................................................         67-64-1         0.28      160                  
Acetonitrile............................................         75-05-8         5.6       1.8                  
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                   
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                
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                  
Benzene.................................................         71-43-2         0.14      10                   
Benz(a)thracene.........................................         56-55-3         0.059     3.4                  
Benzal choride..........................................         98-87-3         0.055     6.0                  
Benzo(b)florathene (difficult to distingush from                205-99-2         0.11      6.8                  
 benzo(k)fluoranthene).                                                                                         
Benzo(k)fluorathene (difficult to distinguish from              207-08-9         0.11      6.8                  
 benzo(b)fluoranthene.                                                                                          
Benzo(g,h,i)perylene....................................        191-24-2         0.0055    1.8                  
Benzo(a)pyrene..........................................         50-32-8         0.061     3.4                  
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                  
Butylate................................................       2008-41-5         0.003     1.4                  
Butyle benzyl phthalate.................................         85-68-7         0.017     28                   
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                   
Choroethane.............................................         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                  
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                   
2-Chloroethyl vinyl ether...............................        110-75-8         0.062     NA                   
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                  
[[Page 11762]]                                                                                                  
                                                                                                                
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                   
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                 
Diethylene glycol, dicarbamate..........................       5952-26-1         0.056     1.4                  
Diethyl phthalate.......................................         84-66-2         0.20      28                   
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         0.22      170                  
Diphenylamine (difficult to distinguish from                    122-39-4         0.92      13                   
 diphenylnitrosamine).                                                                                          
Diphenylnitrosamine (difficult to distinguish from               86-30-6         0.92      13                   
 diphenylamine).                                                                                                
1,2-Dephenylhydrazine...................................        122-66-7         0.087     NA                   
Disulfoton..............................................        298-04-4         0.017     6.2                  
Dithiocarbamates (total)................................        137-30-4         0.028     28                   
Endosulfan I............................................        939-98-8         0.023     0.066                
Endosulfan II...........................................       33213-6-5         0.029     0.13                 
Endosulfan sulfate......................................       1-31-07-8         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                  
bis(2-Ethylhexyl) phthalate.............................        117-81-7         0.28      28                   
Ethyl methacrylate......................................         97-63-2         0.14      160                  
Ethylene oxide..........................................         75-21-8         0.12      NA                   
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                
[[Page 11763]]                                                                                                  
                                                                                                                
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                  
HxCDDs (All Hexachlorodibenzo-p-dioxins)................              NA         0.00063   0.001                
HxCDFs (All Hexachlorodibenzofurans)....................              NA         0.00063   0.001                
Hexachloroethane........................................         67-72-1         0.055     30                   
Hexachloropropylene.....................................       1888-71-7         0.035     30                   
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.................................................        456-73-6         0.021     0.066                
Isolan..................................................        119-38-0         0.056     1.4                  
Isosafrole..............................................        120-58-1         0.081     2.6                  
Kepone..................................................        143-50-8         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                 
3-Methylcholanthrene....................................         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                   
Methyl ethyl ketone.....................................         78-93-3         0.28      36                   
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                  
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-Nitrosophyrrolidine...................................        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 Pentachlorodibenyofurans)...................              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 anhydribe......................................         85-44-9         0.055     28                   
Physostigmine...........................................         57-47-6         0.056     1.4                  
Physostigmine salicylate................................         57-64-7         0.056     1.4                  
[[Page 11764]]                                                                                                  
                                                                                                                
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 Tetrachlorobidenzo-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...............................         79-34-6         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                  
Triallate...............................................       2303-17-5         0.003     1.4                  
Tribromomethane/Bromoform...............................         75-25-2         0.63      15                   
2,4,6-Tribromophenol....................................        118-79-6         0.035     7.4                  
1,2,4-Trichlorobenzene..................................        120-82-1         0.055     19                   
1,1,1-Trichloroethane...................................         71-55-6         0.054     6.0                  
1,1,2-Trichloroethane...................................         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-Tricholorphenol...................................         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-1,2,2-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                 
Vemolate................................................       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             1330-20-7         0.32      30                   
 concentrations).                                                                                               
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\.............................................      16964-48-8        35         NA                   
Lead....................................................       7439-92-1         0.69      0.37 mg/l TCLP       
Mercury-Nonwastewater from Retort.......................       7439-97-6        NA         0.20 mg/l TCLP       
Mercury-All Others......................................       7439-97-6         0.15      0.025 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.................................................       8496-25-8        14         NA                   
Thallium................................................       7440-28-0         1.4       0.078 mg/l TCLP      
Vanadium\5\.............................................       7440-62-2         4.3       0.23 mg/l TCLP       
Zinc\5\.................................................       7440-66-6         2.61      5.3 mg/l TCLP        
----------------------------------------------------------------------------------------------------------------
\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 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            
  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.              
[[Page 11765]]                                                                                                  
                                                                                                                
\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 sample 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 Sec. 268.2(i).                                                                                  
                                                                                                                
Note: NA means not applicable.                                                                                  

    21. Appendix XI is added to part 268 to read as follows:

 Appendix XI to Part 268.--Metal Bearing Wastes Prohibited From Dilution
          in a Combustion Unit According to 40 CFR 268.3(b)\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.                   
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 process.                                         
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 part 266, subpart
  H.                                                                    


[[Page 11766]]

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

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

    Authority: 42 U.S.C. 9602; 33 U.S.C. 1321 and 1361.

    23. 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:


Sec. 271.1  Purpose and scope.

* * * * *
    (j) * * *

    Table 1.--Regulations Implementing the Hazardous and Solid Waste    
                           Amendments of 1984                           
------------------------------------------------------------------------
                                            Federal                     
  Promulgation     Title of regulation      Register      Effective date
      date                                 reference                    
------------------------------------------------------------------------
                                                                        
       *                  *                  *                  *       
[Insert date of   Land Disposal         [Insert FR page  [Insert date of
 publication of    Restrictions Phase    numbers of       90 days from  
 final rule in     III--Decharacterize   final rule].     date of       
 the Federal       d Waste- waters,                       publication of
 Register (FR)].   Carbamate and                          final rule].  
                   Organobromine                                        
                   Wastes, and Spent                                    
                   Aluminum Potliners                                   
                   in Sec. 268.39.                                      
------------------------------------------------------------------------

* * * * *

 Table 2.--Self-Implementing Provisions of the Solid Waste Amendments of
                                  1984                                  
------------------------------------------------------------------------
                                                             Federal    
 Effective date     Self-implementing    RCRA citation       Register   
                        provision                           reference   
------------------------------------------------------------------------
                                                                        
       *                  *                  *                  *       
[Insert date 90   Prohibition on land   3004(g)(4) (C)   [Insert date of
 days from date    disposal of newly     and 3004(m).     publication of
 of publication    listed and                             final rule] FR
 of final rule].   identified wastes..                    [Insert FR    
                                                          page numbers].
[Insert date 2    Prohibition on land                                   
 years from date   disposal of                                          
 of publication    radioactive waste                                    
 of final rule].   mixed with the                                       
                   newly listed or                                      
                   identified wastes,                                   
                   including soil and                                   
                   debris.                                              
                                                         Ditto.         
                                        3004(g)(4) (C)   Ditto.         
                                         and 3004 (m).                  
------------------------------------------------------------------------

* * * * *
[FR Doc. 95-4746 Filed 3-1-95; 8:45 am]
BILLING CODE 6560-50-P