Waste Management System; Testing and Monitoring Activities; Proposed Rule: Methods Innovation Rule

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: October 30, 2002 (Volume 67, Number 210)]
[Proposed Rules]
[Page 66251-66301]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc02-33]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 63, 258, 260, 261, 264, 265, 266, 270, 271, and 279
[FRL-7394-6]
RIN 2050-AE41

Waste Management System; Testing and Monitoring Activities;
Proposed Rule: Methods Innovation Rule

AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; notice of availability.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) proposes
to amend a variety of testing and monitoring requirements throughout
the Resource Conservation and Recovery Act (RCRA) regulations. We are
proposing to allow more flexibility when conducting RCRA-related
sampling and analysis, by removing unnecessary required uses of methods
found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' also known as ``SW-846,'' and only retaining the requirement
to use SW-846 methods when the method is the only one capable of
measuring a particular property (i.e., it is used to measure a required
method-defined parameter). This is an important step towards a
performance-based measurement system (PBMS), as part of the Agency's
efforts towards Innovating for Better Environmental Results.
Additionally, we are proposing to: withdraw the reactivity method
guidelines from SW-846 Chapter Seven; amend the ignitability and
corrosivity hazardous waste characteristic regulations by clarifying
the use of certain methods; incorporate by reference Update IIIB to SW-
846; add Method 25A for analyses conducted in support of certain RCRA
air emission standards; and remove a confidence limit requirement for
certain feedstream analyses conducted under the National Emission
Standards for Hazardous Air Pollutants (NESHAP). In addition, the
Agency is announcing the availability of a new guidance document for
public comment entitled ``RCRA Waste Sampling Draft Technical
Guidance.'' By making this document available for review and comment,
it is our intention to provide draft guidance on waste sampling that
would be beneficial to the public. These changes should make it easier
and more cost effective to comply with affected regulations, without
compromising human health or environmental protection.

DATES: Send your comments to reach us on or before December 30, 2002.

ADDRESSES: Comments may be submitted electronically, by mail, by
facsimile, or through hand delivery/courier. Send an original and two
copies of your comments to: OSWER Docket, Environmental Protection
Agency, Mailcode: 5305-G, 1200 Pennsylvania Avenue, NW, Washington, DC
20460, Attention Docket ID No. RCRA-2002-0025. Follow the detailed
instructions as provided in section I.B.

FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline at (800) 424-9346 (toll free) or call (703) 412-9810; or,
for hearing impaired, call TDD (800) 553-7672 or TDD (703) 412-3323.
For more information on specific aspects of this rulemaking, contact
Kim Kirkland, Office of Solid Waste (5307W), U.S. Environmental
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW,
Washington, DC 20460-0002, (703) 308-8855, e-mail address:
kirkland.kim@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of this Document and Other Related Information?

i. Docket
EPA has established an official public docket for this action under
Docket ID No. RCRA-2002-0025. The official public docket consists of
the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the OSWER Docket, EPA West Building, Room B102, 1301 Constitution
Avenue, NW, Washington DC, 20004. This Docket Facility is open from 9
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is (202) 566-1744. To view docket materials,
you should call in advance and make an appointment. You may copy a
maximum of 100 pages from any regulatory docket at no charge (unless
the documents require copyright permission). Additional copies cost
$0.15 per page.
ii. Electronic Access
You may access this Federal Register document electronically
through the EPA Internet under the Federal Register listings at http://
www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number. You may also
view and download docket information from the Internet at: http://
www.epa.gov/SW-846.
Certain types of information will not be placed in the EPA public
dockets. Information claimed as CBI and other information whose
disclosure is restricted by statute, which is not included in the
official public docket, will not be available for public viewing in
EPA's electronic public docket. CBI materials will be placed in a
separate CBI docket that is not available to the public. Redacted
versions of documents containing CBI will be placed in the public
dockets. In addition, EPA's policy is that copyrighted material will
not be placed in EPA's electronic public docket but will be available
only in printed, paper form in the official public docket. To the
extent feasible, publicly available docket materials will be made
available in EPA's electronic public docket. When a document is
selected from the index list in EPA Dockets, the system will identify
whether the document is available for viewing in EPA's electronic
public docket. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in section I.A.
EPA intends to work towards providing electronic access to all of the
publicly available docket materials through EPA's electronic public
docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the

[[Page 66253]]

copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and To Whom Do I Submit Comments?

You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments, but will make every effort to
do so if time and resources permit. If you wish to submit CBI or
information that is otherwise protected by statute, please follow the
instructions in section I.C. Do not use EPA Dockets or e-mail to submit
CBI or information protected by statute.
i. Electronically
If you submit an electronic comment as prescribed below, EPA
recommends that you include your name, mailing address, and an e-mail
address or other contact information in the body of your comment. Also
include this contact information on the outside of any disk or CD ROM
you submit, and in any cover letter accompanying the disk or CD ROM.
This ensures that you can be identified as the submitter of the comment
and allows EPA to contact you in case EPA cannot read your comment due
to technical difficulties or needs further information on the substance
of your comment. EPA's policy is that EPA will not edit your comment,
and any identifying or contact information provided in the body of a
comment will be included as part of the comment that is placed in the
official public docket, and made available in EPA's electronic public
docket. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.

1. EPA Docket

Your use of EPA's electronic public docket to submit comments to
EPA electronically is EPA's preferred method for receiving comments. Go
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the
online instructions for submitting comments. To access EPA's electronic
public docket from the EPA Internet Home Page, select ``Information
Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select
``search,'' and then key in Docket ID No. RCRA-2002-0025. The system is
an ``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.

2. E-mail

Comments may be sent by electronic mail (e-mail) to RCRA-
docket@epamail.epa.gov, Attention Docket ID No. RCRA-2002-0025. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

3. Disk or CD ROM

You may submit comments on a disk or CD ROM that you mail to the
mailing address identified in section I.B.2. These electronic
submissions will be accepted in WordPerfect or ASCII file format. Avoid
the use of special characters and any form of encryption.
ii. By Mail
Send an original and two copies of your comments to: OSWER Docket,
Environmental Protection Agency, Mailcode: 5305-G, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, Attention Docket ID No. RCRA-2002-
0025.
iii. By Hand Delivery or Courier
Deliver your comments to: OSWER Docket, EPA West Building, Room
B102, 1301 Constitution Avenue, NW., Washington, DC 20004, Attention
Docket ID No. RCRA-2002-0025. Such deliveries are only accepted during
the Docket's normal hours of operation as identified in section I.A.1.
iv. By Facsimile
Fax your comments to (703) 603-9234, Attention Docket ID No. RCRA-
2002-0025.

C. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
Send or deliver information identified as CBI only to the following
address: RCRA CBI Document Control Officer, Office of Solid Waste,
Environmental Protection Agency, Mailcode 5305-W, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, Attention Docket ID No. RCRA-2002-
0025. You may claim information that you submit to EPA as CBI by
marking any part or all of that information as CBI (if you submit CBI
on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and
then identify electronically within the disk or CD ROM the specific
information that is CBI). Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.

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

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

[[Page 66254]]

Table 1.--Sources for SW-846, Third Edition, and Its Updates
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Source Available portions of SW-846
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Superintendent of Documents, U.S. --Paper copies of the SW-846, Third
Government Printing Office (GPO), Edition, basic manual and of
Washington, DC 20402, (202) 512- certain updates, including Final
1800. Updates I, II, IIA, IIB, III; Draft
Update IVA; and Proposed Update
IIIB. Subscriber must integrate the
updates.
National Technical Information --Paper copy of an integrated
Service (NTIS), 5285 Port Royal version of SW-846, Third Edition,
Road, Springfield, VA 22161, as amended by Final Updates I, II,
(703) 605-6000 or (800) 553-6847. IIA, IIB, and III.
--Individual paper copies of the SW-
846, Third Edition, basic manual
and of certain updates, including
Final Updates I, II, IIA, IIB, III,
IIIA; Draft Updates IVA and IVB;
and Proposed Update IIIB.
--CD-ROM of integrated version of SW-
846, Third Edition, as amended by
Final Updates I, II, IIA, IIB, and
III (pdf and WordPerfect electronic
copies).
--CD-ROM of Draft Update IVA (pdf
and WordPerfect electronic copies).
Internet http://www.epa.gov/SW-846 --Integrated version of SW-846,
Third Edition, as amended by Final
Updates I, II, IIA, IIB, III, and
IIIA (pdf electronic copy).
--Proposed Update IIIB (pdf
electronic copy).
--Draft Updates IVA and IVB (pdf
electronic copy).
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E. What Is the Legal Authority for This Action?

We will promulgate the part 258, 260, 261, 264-266, 270, 271, and
279 regulations under the authority of sections 1006, 2002(a), 3001-
3007, 3010, 3013-3018, and 7004 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976 (commonly
known as RCRA), as amended; and sections 101(37) and 114 of the
Comprehensive Emergency Response and Compensation and Liability Act of
1980 (commonly known as CERCLA), as amended. We will promulgate the
part 63 regulation under the authority of sections 112 and 114 of the
Clean Air Act.

F. What Should I Consider as I Prepare My Comments for EPA?

In developing this proposal, we tried to address the concerns of
all our stakeholders. Your comments will help us improve this rule. We
invite you to provide different views on options we propose, new
approaches we have not considered, new data, how this rule may effect
you, or other relevant information. We welcome your views on all
aspects of this proposed rule, but we request comments in particular on
comment topics or questions identified within the preamble. Please note
however that we are only proposing revisions to small portions of the
various RCRA Program regulations and that this proposal does not re-
open other parts of those regulations to public comment or judicial
review.
Your comments will be most effective if you follow the suggestions
below:
? Explain your views as clearly as possible.
? Provide documented technical information and/or cost data
to support your views.
? If you estimate potential burden or costs, explain how you
arrived at the estimate.
? Tell us which parts you support, as well as those with
which you disagree.
sbull; Provide specific examples to illustrate your concerns.
? Offer specific alternatives.
? Refer your comments to specific sections of the proposal,
such as the units or page numbers of the preamble, or the regulatory
sections.
? Make sure to submit your comments by the deadline in this
proposal.
? Be sure to identify the appropriate docket number in the
subject line on the first page of your comment. It would also be
helpful if you provided the name, date, and Federal Register citation
related to your comments.
We will respond to both written and electronic comments in a
document in the Federal Register or in a response to comments document
placed in the official record for this rulemaking. Please note that, if
you send electronic comments, we will not reply electronically unless
to obtain clarification of text that may be garbled in transmission or
during conversion to paper form.

G. How Is The Rest of this Preamble Organized?

We list below the order of the major preamble sections which
explain our proposed action.

II. Summary of Today's Proposed Rule and Covered Entities
III. Background and Purpose of Proposed Action to Reform RCRA-
Related Testing and Monitoring
A. How to Determine if a Method Is Appropriate
B. Why We Selected the Proposed Approach Over Other Approaches
C. Potential Impacts from Removal of Required uses of SW-846
Analyses
IV. Proposed Regulatory Revisions Involving Removal of SW-846
Requirements
A. Removal of Requirements to Use Only SW-846 in Sec.
260.22(d)(1)(i) and Appendix IX to Part 261
B. Removal of Requirements to Use Only SW-846 Method 8290 in
Sec. 261.35(b)(2)(iii)(A) and (B)
C. Removal of Requirement to Use Only SW-846 in Sec.
261.38(c)(7)
D. Removal of Requirements to Use Only SW-846 Method 8260 in
Sec. Sec. 264.1034(d)(1)(iii), 264.1063(d)(2), 265.1034(d)(1)(iii),
and 265.1063(d)(2)
E. Removal of Requirements to Use Only SW-846 Methods 8260 and
8270 and Revisions to Listing of Method Options in Sec.
265.1084(a)(3)(iii) and (b)(3)(iii); and Revisions to Sec.
265.1084(a)(3)(ii)(C), (b)(3)(ii)(C), and (c)(3)(i)
F. Removal of Requirements to Use Only SW-846 in Sec. Sec.
266.100(d)(1)(ii) and (g)(2), and 266.102(b)(1)
G. Removal of Requirement to Use Only SW-846 in Sec. 266.106(a)
H. Removal of Requirements to Use Only SW-846 in Sec.
266.112(b)(1) and (b)(2)(i)
I. Removal of Requirements to Use Only SW-846 in Sections 1.0,
3.0, 10.3, and 10.6 of Appendix IX to Part 266
J. Removal of Requirements to Use Only SW-846 Methods in
Sec. Sec. 270.19(c)(1)(iii) and (iv); 270.22(a)(2)(ii)(B);
270.62(b)(2)(i)(C) and (D); and 270.66(c)(2)(i) and (ii)
K. Removal of SW-846 Methods from Incorporation by Reference in
Sec. 260.11(a)(11)
V. Proposed Editorial Corrections to SW-846 References in the RCRA
Testing and Monitoring Regulations
VI. Proposed Action to Withdraw Reactivity Interim Guidance from SW-
846 Chapter Seven and Remove Required SW-846 Reactivity Analyses and
Threshold Levels from Conditional Delistings
VII. Proposed Clarifications to Corrosivity and Ignitability
Hazardous Waste Characteristics
A. Revision to Sec. 261.22(a)(2) to Clarify That SW-846 Method
1110 Is the SW-846 Standardized Version of the NACE Standard
Specified for Corrosivity Characteristic Testing

[[Page 66255]]

B. Revisions to Sec. 261.21(a)(1) to Update References to ASTM
Standards, to Clarify That SW-846 Methods 1010 and 1020 Reference
and Use The ASTM Standards Specified for Ignitability Characteristic
Testing, and to Remove an Unnecessary Referral to Method Equivalency
Petitions; and Revisions to Sec. 260.11(a)(1) and (2) to Include
the Updated References
VIII. Availability of Proposed Update IIIB and Invitation for Public
Comment on the Update
IX. Proposed Addition of Method 25A to Sec. Sec. 264.1034(c)(1)(ii)
and (iv) and 265.1034(c)(1)(ii) and (iv)
X. Proposed Removal of Requirements from Sec. 63.1208(b)(8)(i) and
(ii) in the NESHAP Standards to Demonstrate Feedstream Analytes Are
Not Present at Certain Levels
XI. Announcing the Availability of RCRA Waste Sampling Draft
Technical Guidance
A. Why Is the Agency Releasing this Guidance?
B. What is Included in the Draft Guidance?
C. Will this Guidance Replace the Existing Chapter Nine of SW-
846?
D. Can the Draft Technical Guidance Be Used Now?
E. When Will the Guidance Be Finalized?
F. Request for Comment
XII. State Authorization Procedures
A. Applicability of Federal Rules in Authorized States
B. Authorization of States for Today's Proposal
C. Abbreviated Authorization Procedures
XIII. Administrative Requirements
A. Executive Order 12866
B. Unfunded Mandates Reform Act
C. Regulatory Flexibility Act (RFA) as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et. seq
D. Environmental Justice (Executive Order 12898)
E. Protection of Children from Environmental Risks and Safety
Risks (Executive Order 13045)
F. Consultation and Coordination With Indian Tribal Governments
(Executive Order 13175)
G. Federalism (Executive Order 13132)
H. National Technology Transfer and Advancement Act of 1995
I. Energy Effects (Executive Order 13211)
J. Paperwork Reduction Act

II. Summary of Today's Proposed Rule and Covered Entities

We, the Environmental Protection Agency (EPA or Agency), propose to
amend our hazardous and nonhazardous solid waste regulations for
testing and monitoring activities under the Resource Conservation and
Recovery Act (RCRA), and to amend a testing requirement in the National
Emission Standards for Hazardous Air Pollutants (NESHAP) from hazardous
waste combustors. These changes should make it easier and more cost
effective for regulated entities to comply with the respective RCRA and
NESHAP regulations. Specifically we are proposing to:
1. Reform RCRA-related testing and monitoring by restricting
requirements to use SW-846 to only those situations where the method is
the only one capable of measuring the property (i.e., it is used to
measure a required method-defined parameter). This will allow more
flexibility in RCRA-related sampling and analysis by removing
unnecessary required uses of SW-846.
2. Withdraw the cyanide and sulfide reactivity guidance from
sections 7.3.3 and 7.3.4 of SW-846 Chapter Seven and withdraw required
uses of reactive cyanide and sulfide methods and threshold levels from
conditional delistings.
3. Amend the regulations for the ignitability and corrosivity
hazardous waste characteristics by clarifying the use of certain
methods. As part of this, we are clarifying in Sec. 261.22(a)(2) that
SW-846 Method 1110, ``Corrosivity Toward Steel,'' is the standardized
SW-846 method to determine the characteristic of corrosivity toward
steel. We also propose to incorporate by reference revisions of the
ASTM methods used for the determination of flash point under the
characteristic of ignitability. Specifically, we propose to replace
references to ASTM Methods D 3278-78 and D 93-79 or D 93-80 in Sec.
261.21(a)(1) with more current versions of the methods, to be
referenced as ASTM Methods D 3278-96 and D 93-99c.
4. Incorporate by reference Update IIIB to SW-846, which includes
four revised chapters, including the revised Chapter Seven, and eleven
revised methods, including method revisions to remove unnecessary
required uses of SW-846 Chapter Nine, ``Sampling Plan,'' and to update
references to the aforementioned ASTM methods.
5. Add Method 25A as an analytical option to analyses conducted in
support of air emission standards for process vents and/or equipment
leaks at treatment, storage, and disposal facilities.
6. Remove a requirement to demonstrate that feedstream analytes are
not present at levels above the 80% upper confidence limit above the
mean for sources subject to NESHAP: Final Standards for Hazardous Waste
Combustors.
This rule does not propose to add any additional requirements to
the regulations. Instead, this rule removes certain existing
requirements to use SW-846, and it clarifies what the Agency considers
to be other appropriate methods. Our goal is to make it easier and more
cost effective to comply with the RCRA regulations by allowing more
flexibility in method selection and use. If you prefer, you can still
use the SW-846 methods referenced in the regulations to demonstrate
compliance.
As noted earlier in this preamble, we are only proposing revisions
to small portions of the various RCRA Program regulations and this
proposal does not re-open other parts of those regulations to public
comment or judicial review.
You may be covered by this action if you conduct waste sampling and
analysis for RCRA- or NESHAP-related activities. Covered entities
include anyone that generates, treats, stores, or disposes of hazardous
or nonhazardous solid waste and are subject to RCRA subtitle C or D
sampling and analysis requirements; and entities subject to NESHAP
final standards for hazardous waste combustors (40 CFR part 63, subpart
EEE). All types of industries, governments, and organizations may have
entities that generate or manage RCRA-regulated solid wastes and may be
subject to RCRA-related sampling and analysis requirements.
To determine whether your facility, company, business organization,
etc., is covered by this action, you should carefully examine the
applicability criteria in part 63 and in parts 258 through 299 of the
Code of Federal Regulations. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

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

Currently, either our hazardous and nonhazardous solid waste
regulations for testing and monitoring activities (sampling and
analysis) under RCRA or the permits or waste analysis plans of
facilities regulated by RCRA specify the analytes of concern to be
determined in a matrix of concern at a particular regulatory level of
concern. Additionally, some recently promulgated regulations specify
the confidence level of concern. Most RCRA regulations leave the how
(i.e., which test method to use) up to you, a member of the regulated
community. However, some RCRA regulations require the use of methods
from the EPA publication ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' also known as ``SW-846.''
We initially issued SW-846 in 1980 soon after the first RCRA
regulations were published. At that time, we intended that SW-846 serve
two roles.

[[Page 66256]]

First, we intended that it serve as a guidance manual of generally
appropriate and reliable analytical methods for RCRA-related testing
and monitoring. Second, we intended that it serve as a readily-
available source of those few analytical methods which were first
required for complying with the RCRA regulations. Over the years, we
published regulations that required the use of SW-846 methods in
general. Subsequently, members of the regulated public made it clear to
EPA that they would like the opportunity to use other reliable methods
in compliance with RCRA, and EPA also decided that some of the SW-846
requirements were not necessary.
The requirement to use SW-846 in general (e.g., the delisting
regulations at Sec. 260.22) does not identify specific SW-846 methods.
These requirements typically include the analyses of many different
analytes which can be determined by many different methods. Almost
every update to SW-846 includes at least one method that may be
applicable to the requirements. Therefore, whenever we update SW-846,
we must incorporate by reference the new and revised methods into the
RCRA regulations as part of a rulemaking. We have to issue the updates
as a proposed rule, request public comment, and then promulgate the
update in a final rule. This lengthy process delays the timely use of
new analytical technologies.
Also, in order to use a method different from any required SW-846
method, members of the regulated community have to develop and submit
an equivalency petition, pursuant to Sec. 260.21. This petition
process discourages the timely use of new and innovative methods, and
is very rarely used by the public, perhaps because it is time-
consuming. When the proposed changes of this rule are implemented, it
will not be necessary to submit an equivalency petition in order to use
a non-SW-846 method for most sampling and analysis scenarios.
On May 8, 1998 in the Federal Register (63 FR 25430), we first
announced our intent to remove the unnecessary required uses of SW-846
methods from the RCRA regulations. At that time, we described our
reasons for wanting to remove those required uses from the regulations,
including our desire to allow more flexibility in method selection and
fully implement a performance-based measurement system (PBMS) in the
RCRA Program. We also requested public comment on our plan. The public
comments were largely favorable, and we therefore decided to proceed
with publication of this proposed rule. You may find summaries of the
relevant May 8, 1998 Federal Register public comments and our responses
to those comments in the docket to this proposed rule, docket number
RCRA-2002-0025, at the location listed above under ADDRESSES.
Therefore, we propose to restrict the requirement to use a specific
SW-846 method to only those situations where its particular procedure
is the only one that is capable of measuring the property (i.e., a
method-defined parameter). For example, to determine compliance with
the toxicity characteristic (TC), waste generators must test their
waste using SW-846 Method 1311, ``The Toxicity Characteristic Leaching
Procedure,'' the TCLP, to determine whether the waste leaching
potential is greater than the TC levels specified in Sec. 261.24. The
TCLP was developed as a means of simulating the leaching potential of
waste material placed in a specific environment. It was the test used
to develop the particular regulatory thresholds. No other test is known
to yield the same leachate concentrations as Method 1311, the TCLP, and
therefore we describe the results obtained from Method 1311 as a
required ``method-defined parameter.''
Examples of other SW-846 methods that will remain required for
method-defined parameters (MDPs) include Method 9040, ``pH
Electrometric Measurement,'' to demonstrate whether a waste exhibits
the corrosivity characteristic based on pH levels, and Method 9095,
``Paint Filter Liquids Test,'' to demonstrate the absence or presence
of free liquids in wastes managed in RCRA-regulated treatment, storage,
and disposal facilities.
You cannot replace or modify a method if the method is for
determination of a RCRA-required method-defined parameter (MDP).
However, other MDP methods exist which are not required by the RCRA
regulations. It may be possible to modify those methods without adverse
regulatory or analytical effects.
To summarize, our reasons for restricting required uses of SW-846
to regulated MDPs include:
1. Allowing the regulated community more flexibility in method use
during RCRA-required testing.
2. Stimulating the development and timely use of innovative and
more cost-effective monitoring technologies and approaches in the RCRA
Program.
3. Allowing more efficient and timely releases of SW-846 methods by
decoupling most of the methods from required uses on the RCRA
regulations.
4. Making the RCRA Program more effective by focusing on
measurement objectives rather than on measurement technologies.

A. How To Determine If A Method Is Appropriate

Our proposed revisions to remove required uses of SW-846 methods
include language allowing the use of ``appropriate methods such as
those found in SW-846 or other reliable sources.'' Such a method might
be one published by EPA in a different manual or regulation or
published by another government agency, a voluntary standards setting
organization, or other well-known sources. We retained mention of the
SW-846 methods in the regulations as guidance and examples of methods
that could be appropriate.
There are two primary considerations in selecting an appropriate
method, as addressed below.
i. Appropriate Methods Are Reliable and Accepted as Such in the
Scientific Community
Methods published by the Agency or other government entities use
techniques that have documented reliability and are generally accepted
by the scientific community. SW-846 methods are reviewed by a technical
workgroup composed of national expert-level chemists who provide peer
input and determine whether method reliability is sufficiently
documented. The technical reliability and acceptance of methods
published by other governmental or non-governmental organizations may
also be documented, especially if the methods are subjected to some
form of objective scientific review.
ii. Appropriate Methods Generate Effective Data
Effective data are data of sufficiently known and appropriate
quality to be used during project-specific decisions. An example of
such a decision is whether a particular waste is hazardous because a
constituent of concern is present above a level of concern. Before
sampling and analysis begins, project planners should identify why the
analysis is being done, how the data will be used, and how ``good'' the
data has to be (e.g., the DQOs). Effective data meet any data quality
objectives (DQOs) set by the project planners for the specific project.
These objectives (further described below) should be rationally and
systematically identified during the planning of the project and
development of the project-specific Quality Assurance Project Plan
(QAPP), Waste Analysis Plan (WAP), or Sampling and Analysis Plan (SAP).
Sampling and analysis documentation

[[Page 66257]]

should be sufficient to confirm that the data are effective.
Data quality objectives or DQOs generally refer to the necessary
quality of the overall decision to be made or, in other words, the
tolerable error (i.e., acceptable level of uncertainty for the
decision). For example, a DQO for waste analysis may be that one must
demonstrate that an analyte is not present above the reported level at
the 80 percent upper confidence around the mean, and that the method
could have detected the presence of the analyte at that level and
confidence limit. A DQO may be specified in a regulation, a permit, a
corrective action agreement, or other regulatory or enforcement
document. Sometimes you must consider a DQO regulatory specification
when selecting an appropriate method. For example, the RCRA comparable
fuels' provisions include DQOs in lieu of naming the use of specific
methods (see 63 FR 33781, June 19, 1998). You can find guidance on the
development of DQOs in EPA's ``Guidance for the Data Quality Objectives
Process'' (EPA QA/G-4) found at EPA's Quality Staff's Web site (http://
www.epa.gov/quality/), in Chapter One, ``Quality Control,'' of SW-846,
and in ASTM D 5792, ``Standard Practice for Generation of Environmental
Data Related to Waste Management Activities: Development of Data
Quality Objectives.''
You should identify the types of quality control (QC) concepts
(e.g., spike recovery analyses, blanks, etc.) you will use to determine
if you meet your objectives. For example, selection of an appropriate
method is sometimes demonstrated by adequate recovery of spiked or
surrogate analytes and reproducible results, or through successful
analysis of a standard reference material of a matrix-type analogous to
that of the actual sample matrix. The method may not be appropriate for
its intended use if your data show inadequate recovery of an analyte at
a level that impairs a decision regarding whether the analyte is
present at or below its regulatory level. Such a method would not
generate effective data. Based on your QC data, you should determine
whether the method generates results that are sufficiently sensitive,
unbiased, and precise to demonstrate compliance with the subject
regulation.
However, you should not focus only on controlling or documenting
analytical quality, because regulatory decisions are also susceptible
to error due to sampling procedures. If the contaminant variability is
not properly addressed during the planning and collection of samples,
an incorrect decision could be reached even though the method performed
well in terms of laboratory quality control. No matter how accurate or
precise the laboratory analysis, the data will provide misleading
information if excessive error is introduced by improper sampling
procedures. Guidance on identifying the necessary quality control
procedures and on minimizing the potential for both analytical and
sampling error can be found at the EPA Quality Staff's Web site (http:/
/www.epa.gov/quality/) or in Chapters One, Two, and Nine of SW-846, and
in some methods.
Finally, you should identify appropriate methods for a specific
project before sampling and analysis begins. As the regulated entity,
you are ultimately responsible for compliance with a particular
regulation. Therefore, you should not rely on the laboratory or other
project participant to select an appropriate method. We recommend that
you consult with your regulating authority during identification of
performance goals and the selection of appropriate methods.
iii. Request for Public Comments on Appropriate Method Selection and
Use
We are interested in public comments regarding the selection and
use of other appropriate methods in the RCRA regulations, as described
above. We are particularly interested in responses to the following
questions:
1. What concerns exist regarding the selection of appropriate
methods by the regulated community?
2. What other guidance is needed to aid in the selection of
appropriate methods by the regulated community?

B. Why We Selected the Proposed Approach Over Other Approaches

We considered several approaches to promoting method use
flexibility in the RCRA regulations. We selected the ``appropriate
method'' approach because it is universally applicable to the subject
RCRA regulations. It also requires only minimal revisions to the
regulations for implementation.
In addition, the option to use ``appropriate methods'' is not new
to the RCRA regulations. For example, use of the TCLP, SW-846 Method
1311, is required for determinations regarding whether a waste is
hazardous for the toxicity characteristic (the TC). It generates an
extract (the leachate) which is subjected to determinative analysis for
comparison with the TC regulatory limits. However, the TCLP procedure
does not require specific methods for the leachate determinative
analysis, nor does it specify the use of even SW-846 methods in general
for the analysis. It allows method flexibility similar to that proposed
by this rule by stating in its sec. 7.2.14: ``The TCLP extract shall be
prepared and analyzed according to appropriate analytical methods.''
Before finalizing this rule, we would like the public's opinion of
the alternative approaches that we considered, as described below.
Please provide specific reasons for your positions regarding the
alternative approaches, including perceived advantages or
disadvantages.
1. As a variation to the ``appropriate method'' approach described
above, should we remove mention of SW-846 methods as examples of
appropriate methods from the subject regulations? We are interested in
whether retaining mention of the SW-846 methods offers significant
advantages or disadvantages. (For example, one disadvantage could be
that it might leave an incorrect impression that the SW-846 methods are
still preferred by EPA).
2. In lieu of the ``appropriate method'' approach, should we
instead add performance criteria to each regulation, such as done in
the aforementioned comparable fuel rulemaking, and not mention or
require the use of an appropriate method (including any SW-846
methods)? We did not select this approach because it might not be
directly applicable to some regulations and then might require
significant regulatory changes with greater impacts.

C. Potential Impacts From Removal of Required Uses of SW-846 Analyses

If the regulatory revisions of this proposed rule are promulgated,
you can use any appropriate analytical test method in demonstrating
compliance with the RCRA regulations, except for those demonstrations
involving required method-defined parameters. For the reasons given in
this section, we believe that this action will not significantly or
adversely impact the regulated community or other potentially affected
parties. In fact, the primary impact of this rule if adopted will be to
result in better analytical results and lower costs. All of the
entities involved with the task of waste characterization will pay far
greater attention to method performance. In addition, project planners
and laboratories will be able to identify methods that are potentially
less costly to the regulated community.
i. Expected Impact on Regulated Entities
The use of other appropriate methods will be an option, not a
requirement. Regulated entities may continue to use the specified SW-
846 methods to demonstrate compliance and thus

[[Page 66258]]

experience no impact from this rulemaking. EPA will also continue to
publish and update SW-846 methods and ensure their scientific soundness
by following peer review guidelines and requesting public comment on
the methods through Federal Register notices.
We primarily believe that an entity will choose to use another
appropriate method from that listed in the regulations only when it is
beneficial to do so. Method choice will be based on expected
efficiencies in cost and performance. For example, you may use methods
that are more appropriate for your particular matrix, and cut the cost
of using unnecessary standards.
Also, a demonstration that another method is appropriate is not new
to RCRA-related sampling and analysis and will not involve much more
than what regulated entities already should be doing. For example, you
should already be setting method performance goals in your Quality
Assurance Project Plan (QAPP) or Sampling and Analysis Plan (SAP), and
evaluating compliance with them based on QC data or other data quality
indicators.
Some public comments in response to our notice of May 8, 1998,
expressed concern regarding the comparability of data generated by
different methods for the same purpose. First, this issue is not new,
because some regulations already allow the use of more than one method.
We also disagree that this should be a concern, provided that any
alternative method is also an appropriate method as defined above.
Specifically, if both methods generate effective data and meet the same
performance goals of the project, then data from both methods are
comparable. This has always been EPA's approach in comparing data by
different methods, and it is not affected or changed by this proposal.
As a stakeholder, you may prefer a more prescriptive approach in
the regulations because method-specific requirements remove the burden
of method-selection decision making. You may believe that this
translates into lower costs and better compatibility within a workforce
of permit writers and other project participants who may not have
method-selection expertise. We are familiar with this argument and
would like to better understand its perspective. However, we believe
that many method-selection decisions should be project specific and
thus, when such an approach is applicable, specific methods should not
be required in the regulations. Even before this proposed rulemaking,
project planners and other participants should be evaluating the
effectiveness of methods during facility or waste evaluations.
You also may be concerned about the impact of this proposal on
existing RCRA permits. RCRA permits are typically effective up to ten
years. This proposal, if finalized, would only effect new or reissued
permits, and only as an option for flexibility in method selection.
Therefore, RCRA permits need not be adversely impacted by this action.
Finally, this rule does not propose new information collection or
reporting requirements for regulated entities. Sections 260.22(i)
(reporting requirements for petitions to exclude wastes) and 264.13(b)
and 265.13(b) (reporting requirements for owners and operators of
hazardous waste management facilities) provide sufficient reporting
requirements to cover RCRA-related testing and analysis documentation
regarding the use of other appropriate methods.
ii. Expected Impact on States
Many of the public comments in response to our May 8, 1998, notice
favored State adoption of these revisions, but were concerned that this
action will impose additional burden on States. In response, we note
that the regulatory changes in this rule are equivalent to or less
stringent than the existing Federal regulations which they amend.
Therefore, authorized States are not required to adopt and seek
authorization for this rulemaking. Nevertheless, we encourage the
adoption of these or similar revisions by authorized States in order to
promote national adoption of PBMS. In addition, if States choose to
adopt these revisions, the impact will not be significant since they
already conduct method selection and data quality reviews to determine
compliance with their testing and monitoring regulations.
iii. Education Efforts by EPA To Facilitate Implementation
Many public comments received on our May 8, 1998 notice expressed a
need for communication and training, at all levels, to minimize any
adverse impacts and promote implementation. Therefore, we plan to
educate and train the States, EPA Regions, and the regulated community
regarding the implementation of this rule, through such mechanisms as
web and internet training modules, workshops, and fact sheets. Over the
past six years, we have offered program-specific training (e.g.,
``Analytical Strategy for the RCRA Program: A Performance-Based
Approach'') for EPA Headquarters, Regional, and State personnel
involved in RCRA activities that include sampling and analysis. We plan
to offer other courses on the evaluation of data and permit writing
from a PBMS and effective data standpoint. In addition, we encourage
affected entities to contact the Methods Information Communication
Service (MICE Service, see Addresses) for answers to any questions or
concerns regarding the use of other appropriate methods. These
communication and training efforts will help ensure consistency in
implementation of this rule by the States, Regions, and regulated
community and help limit any associated costs.
iv. Request for Public Comment on Impacts and Implementation
We request public comment on the impact of this proposed rule and
how we might promote its successful implementation. We are particularly
interested in public comment to the following questions:
1. What can we do to remove implementation barriers and maximize
the benefits from the flexibility provided by this action?
2. What might be the economic impact on the regulated community and
other entities as a direct result of this action?
3. What concerns exist regarding implementation and compliance
assessments involving the use of other appropriate methods?
4. Are there any technical or programmatic barriers to the
implementation of this approach?
5. What guidance or training is needed to assure successful
implementation of this action?
6. What new or uncommon data quality problems might be caused by
allowing increased flexibility in method selection?

IV. Proposed Regulatory Revisions Involving Removal of SW-846
Requirements

Sections IV.A through IV.J address revisions to remove the
requirement to use only SW-846 methods and add the flexibility to use
other appropriate methods. The overall basis for these revisions is
explained in section II above.
Table 2--lists the proposed revisions for each regulation to remove
SW-846 requirements and allow the flexibility to use other appropriate
methods. It also lists the preamble section which describes the
revisions. As addressed by section IV.K, we also propose to revise the
incorporation by reference of SW-846 in Sec. 260.11 so that it only
includes SW-846 methods required for method-

[[Page 66259]]

defined parameters. Therefore, for each section where we propose to
remove the requirement to use only SW-846 methods, we propose to also
remove the SW-846 incorporation by reference.

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

0We request comment on each of the revisions, particularly in
response to the following questions:
1. Does the revision provide adequate flexibility in method
selection to facilitate the use of new technologies and encourage a
greater focus on the performance of monitoring programs during
compliance with the regulation?
2. What are the perceived technical and programmatic barriers to
implementing the revision?
3. What is the economic impact of the revision?
4. What guidance or training is needed to aid implementation of the
revised regulation?

A. Removal of Requirements To Use Only SW-846 in Sec. 260.22(d)(1)(i)
and Appendix IX to Part 261

Section 260.22(d)(1)(i) currently states that SW-846 methods must
be used as part of a petition to amend part 261 to exclude (``delist'')
a waste listed with code ``T''. We believe that the mandatory use of
only SW-846 methods for this aspect of a delisting demonstration is not
necessary. Therefore, we are proposing to revise Sec. 260.22(d)(1)(i)
by removing the requirement to use only SW-846 methods, deleting the
incorporation by reference referral to Sec. 260.11, and explicitly
allowing the use of appropriate methods from other reliable sources.
With this revision, if you submit a delisting petition, you will no
longer be required to use only SW-846 methods. We also strongly
recommend that you work with your regulating entity (e.g., EPA Region
or authorized State) during selection of methods for a delisting
demonstration. In this instance, the methods are not being used as
required method-defined parameters. (Note: We are not proposing
revisions to Sec. 260.22(d)(3) of the delisting petition regulations
which address the use of methods for determining whether wastes are
characteristic hazardous wastes.)
We also propose to revise certain conditional delistings (hazardous
waste exclusions) in appendix IX, to Part 261 ``Wastes Excluded Under
Sec. Sec. 260.20 and 260.22.'' We are revising the delistings to allow
the use of appropriate methods besides SW-846 methods during the
required waste analysis.
In most cases, we are including the following language in the
conditional delistings: ``Analyses must be performed according to
appropriate methods such as methods found in SW-846 or other reliable
sources (with the exception of analyses requiring the use of SW-846
methods incorporated by reference in Sec. 260.11, which must be used
without substitution).'' With this language, if you are an owner/
operator of the facility, you will have the option to use appropriate
methods from other reliable sources besides SW-846.
Some conditional delistings require the use of Methods 9010
(``Total and Amenable Cyanide: Distillation'') and 9012 (``Total and
Amenable Cyanide (Automated Colorimetric, with Off-line
Distillation''). These methods, although proposed to be retained in
Sec. 260.11(a)(11) as method-defined parameters because of their
required use under Sec. 268.44, the universal treatment standards
under the land disposal restrictions regulations are not being used in
those delistings for that purpose. Therefore, we believe the facilities
should be allowed to use another appropriate method, if they choose to
do so.
Specifically, we propose to revise the conditional exclusions found
in Table 1 of appendix IX of part 261 for the following facilities
(listed in order of appearance):

--Aptus, Inc., Coffeyville, Kansas
--Arkansas Department of Pollution Control and Ecology, Vertac
Superfund site, Jacksonville, Arkansas
--BMW Manufacturing Corporation, Greer, South Carolina
--Bethlehem Steel Corporation, Sparrows Point, Maryland
--DuraTherm, Inc., San Leon, Texas
--Eastern Chemical Company, Longview, Texas
--Envirite of York, Pennsylvania
--Geological Reclamation Operations and Systems, Inc., Morrisville,
Pennsylvania
--McDonnell Douglas Corporation, Tulsa, Oklahoma
--Occidental Chemical, Ingleside, Texas
--Rhodia, Houston, Texas
--Syntex Agribusiness, Springfield, Missouri
--Texas Eastman, Longview, Texas
--Tyco Printed Circuit Group, Melbourne, FL

We also propose to revise, as described above, the conditional
exclusions found in Table 2 of appendix IX of part 261 for the
following facilities (listed in order of appearance):

--Bethlehem Steel Corporation, Steelton, Pennsylvania
--Bethlehem Steel Corporation, Johnstown, Pennsylvania
--BF Goodrich Intermediates Company, Inc., Calvert City, Kentucky
--CF&I Steel Corporation, Pueblo, Colorado
--Chaparrel Steel Midlothian L.P., Midlothian, Texas
--Conversion System, Inc., Horsham, Pennsylvania
--DOE-RL, Richland, Washington
--Envirite, York, Pennsylvania
--Marathon Oil Co., Texas City, Texas

[[Page 66260]]

--Occidental Chemical Corporation, Muscle Shoals Plant, Sheffield,
Alabama
--Occidental Chemical Corporation, Delaware City, Delaware
--Oxy Vinyls, Deer Park, Texas
--Roanoke Electric Steel Corporation, Roanoke, Virginia
--USX Steel Corporation, USS Division, Southworks Plant, Gary Works,
Chicago, Illinois

B. Removal of Requirements To Use Only SW-846 Method 8290 in Sec.
261.35(b)(2)(iii)(A) and (B)

Section 261.35(b)(2)(iii) addresses the testing of rinses from
equipment cleaning when generators are demonstrating that certain
wastes from wood preserving processes do not meet the listing
definition of hazardous waste code F032 (wastewaters, process
residuals, preservative drippage, and spent formulations from wood
preserving processes generated at plants that use chlorophenolic
formulations). Paragraph (A) of the section currently includes a
requirement to use SW-846 Method 8290, ``Polychlorinated Dibenzodioxins
(PCDDs) and Polychlorinated Dibenzofurans (PCDFs) by High-resolution
Gas Chromatography/High-resolution Mass Spectrometry.'' The testing of
PCDDs and PCDFs using this method does not involve a method-defined
parameter. Therefore, we believe that appropriate methods from other
reliable sources should be allowed for this determination. In addition,
paragraph (B) of Sec. 261.35(b)(2)(iii) defines criteria for ``not
detected'' values based on information found in SW-846 Method 8290. We
propose that other appropriate methods should be allowed if they meet
those criteria. If you are a generator subject to these regulations,
you will still be required to test for PCDDs and PCDFs. However, you
will have flexibility in method selection and can consider the use of
other methods besides SW-846 Method 8290.

C. Removal of Requirement to Use Only SW-846 in Sec. 261.38(c)(7)

Section 261.38(c)(7) addresses a demonstration for the exclusion of
a waste that meets comparable/syngas fuel specifications. The section
states that, as the waste generator, you ``shall'' develop and follow a
plan for the sampling and analysis of the waste, and that the plan
``shall'' be developed in accordance with SW-846. We propose to revise
this section by replacing the second ``shall'' with ``should'' and
allow the use of other sampling and analysis guidance, besides that
found in SW-846, during waste analysis plan development, provided the
other guidance is appropriate for your demonstration. In this case,
other guidance will be appropriate if it addresses procedures needed to
meet your sampling and analysis performance goals.

D. Removal of Requirements To Use Only SW-846 Method 8260 in Sec. Sec.
264.1034(d)(1)(iii), 264.1063(d)(2), 265.1034(d)(1)(iii), and
265.1063(d)(2)

Sections 264.1034(d)(1)(iii), 264.1063(d)(2), 265.1034(d)(1)(iii),
and 265.1063(d)(2) collectively provide test methods and procedures
applicable to the air emission standards for process vents and/or
equipment leaks at treatment, storage, and disposal facilities (TSDFs).
SW-846 Method 9060, ``Total Organic Carbon,'' and SW-846 Method 8260,
``Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry,''
are required for the determination of total organic carbon (TOC).
Method 9060 is used to directly determine TOC, and thus is used for
determination of a method-defined parameter. If the conditions under
which organic carbon is converted to carbon dioxide are altered, there
is a significant potential that a smaller or greater fraction of the
carbonaceous material will be converted. Method 8260 is used to
determine the individual analytes that may be components of the TOC.
This use of Method 8260 is not for a method-defined parameter.
Therefore, we propose to revise these sections to allow the use of
appropriate methods from other reliable sources in lieu of SW-846
Method 8260. If you are a facility owner/operator subject to these
regulations, you will still be required to determine the TOC content in
your waste. However, if you choose not to directly determine TOC by
Method 9060, you will be able to consider the use of appropriate
methods other than Method 8260 for the determination of individual
analytes.
Also, if this rule is finalized, Method 8260 will no longer be
incorporated by reference since it will not be solely required by any
RCRA regulation. Therefore, we also propose to move the phrase
``(incorporated by reference under Sec. 260.11)'' from after Method
8260 to after Method 9060. This revision will correctly indicate which
method remains incorporated by reference.

E. Removal of Requirements To Use Only SW-846 Methods 8260 and 8270 and
Revisions to Listing of Method Options in Sec. Sec.
265.1084(a)(3)(iii) and (b)(3)(iii); and Revisions to Sec. Sec.
265.1084(a)(3)(ii)(C), (b)(3)(ii)(C), and (c)(3)(i)

Sections 264.1083 and 265.1084 address the waste determination
procedures for the subpart CC air emission control requirements for
tanks, surface impoundments, and containers. Section 265.1084 addresses
the requirements for interim status treatment, storage, and disposal
facilities (facilities that existed at the time that the regulations
were established and which needed time to fully comply with the
regulations) and provides the details for such procedures. Section
264.1083 addresses the requirements for treatment, storage and disposal
facilities which were constructed after the regulations were
promulgated and directly references the regulations in Sec. 265.1084.
The Agency fully explained the basis and history of the waste
determination procedures in these regulations. (See 59 FR 62915,
December 6, 1994; 61 FR 4906, February 9, 1996; 61 FR 59942, November
25, 1996; 62 FR 64646, December 8, 1997; and 64 FR 3384, January 21,
1999.)
One purpose for waste determination under these regulations is to
determine if a unit is exempt from the air emission control
requirements. One way that a unit can be exempt from the subpart CC
requirements is if it manages a hazardous waste with an average
volatile organic (VO) concentration less than 500 parts per million by
weight (ppmw). As the owner or operator of the waste management
facility, you can make a direct determination of the VO concentration
using waste analysis. For the purpose of such a waste determination,
you must evaluate the mass of all VO constituents in the waste that
have a Henry's Law value greater than or equal to 0.1 mole-fraction-in-
the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X), which can
also be expressed as 1.8 x 10-6 atmospheres/gram-mole/
m[hairsp]3 at 25 degrees Celsius. The compounds exceeding
these levels are the constituents (analytes) of concern for this
determination. (The Henry's Law constant of a compound is one way that
is commonly used to predict the potential of a compound to volatilize.)
Sections 265.1084(a)(3)(iii) and (b)(3)(iii) specify the analytical
methods that you must use to determine the VO concentration. The list
includes Method 25D (``Determination of the Volatile Organic Content of
Waste Samples'')

[[Page 66261]]

found in 40 CFR part 60, appendix A; Methods 624 (``Purgeables''), 625
(``Base Neutrals and Acids''), 1624 (``Volatile Organics by Isotope
Dilution GC/MS''), and 1625 (``Semivolatile Organics by Isotope
Dilution GC/MS'') found in 40 CFR part 136, appendix A; and Methods
8260 (``Volatile Organic Compounds by Gas Chromatography/Mass
Spectrometry'') and 8270 (``Semivolatile Organic Compounds by Gas
Chromatography/Mass Spectrometry'') found in SW-846. SW-846 Methods
8260 and 8270 are listed in Sec. 265.1084(a)(3)(iii)(F) and (G) and
(b)(3)(iii)(F) and (G).
Method 25D is a nonspecific determinative procedure that provides a
total volatile organic concentration. The other methods listed in the
subject regulation are analyte-specific determinative procedures. These
methods are not being used for method-defined parameters. We originally
offered the analyte-specific methods as alternatives to Method 25D in
response to public comments regarding the aggressiveness, expense, and
repeatability of Method 25D. We added those methods and related
conditions for their use so that you would have a range of practical
and affordable method options.
However, for consistency with the intent and purpose of this
proposed rule, we propose to remove from Sec. Sec. 265.1084(a)(3)(iii)
and (b)(3)(iii) text related to the listing of Methods 624, 625, 1624,
1625, 8260, and 8270 as alternative methods to Method 25D, and add
language allowing the use of other appropriate methods from other
reliable sources and give Methods 624, 625, 1624, 1625, 8260 and 8270
as examples of such methods. We give our reasons for each revision in
the paragraphs to follow.
We are removing the listing of Methods 624, 625, 1624, 1625, 8260
and 8270 as method options because, given the addition of the phrase
``or other appropriate methods,'' a listing of these methods is
unnecessary. We have retained them as examples of appropriate methods
because they cover many of the analytes of interest, and are approved
methods for RCRA-related analyses. By making this change, we are still
abiding by our original intent to include methods in the regulations as
options to Method 25D. We are not revising that intent; we are only
revising how it is expressed in the regulations. This was the original
intent of the language added to Sec. 265.1084 in response to public
comments.
As an owner or operator subject to these regulations, you will have
the flexibility to use one or more different methods, provided that the
methods are appropriate for the determination. The target analyte lists
of Methods 8260 and 8270 might not cover all organic compounds with a
Henry's Law constant equal to or greater than 0.1 Y/X (which can also
be expressed as 1.8 x 10-6 atmospheres/gram-mole/
m[hairsp][hairsp]3 at 25 degrees Celsius) of concern in a
given hazardous waste, and other appropriate methods may be necessary
to complete the analysis. On the other hand, you may know that your
waste contains only a few analytes of concern and a method with a
smaller analyte list is more appropriate.
In addition to the above, we propose to correct language in other
paragraphs of Sec. 265.1084. First, Sec. 265.1084(a)(3)(ii)(C),
(b)(3)(ii)(C), and (c)(3)(i) currently state that an example of an
acceptable sampling plan includes a plan incorporating the sampling
requirements specified in SW-846. We propose to revise these sections
to make it clear that the sampling procedures found in SW-846 are not
requirements. We intend that information in SW-846 regarding sampling
be only used as guidance. We are not removing the requirements to
prepare and maintain an acceptable sampling plan and one which includes
the requirements contained in Method 25D.
Second, we propose to remove the incorporation by reference for SW-
846 in Sec. 265.1084(a)(3)(ii)(C), (a)(3)(iii), (b)(3)(ii)(C),
(b)(3)(iii), and (c)(3)(i) since only required methods for the analysis
of method-defined parameters will be retained in Sec. 260.11 should
this proposal be finalized, and SW-846 sampling procedures will not be
required for compliance with any regulation under RCRA.

F. Removal of Requirements To Use Only SW-846 in Sec. Sec.
266.100(d)(1)(ii) and (g)(2), and 266.102(b)(1)

Part 266, subpart H, addresses the standards for the management of
hazardous wastes burned in boilers and industrial furnaces (BIFs).
Sections 266.100(d)(1)(ii) and (g)(2) currently require the use of SW-
846 methods ``or alternative methods that meet or exceed the SW-846
method performance,'' when sampling and analyzing feedstocks for a
conditional exemption for smelting, melting, and refining furnaces that
burn hazardous waste solely for legitimate recovery. Section
266.102(b)(1) contains the same language regarding waste analysis in
support of permits. When we finalized this regulation, we added the use
of ``alternative methods'' in response to concerns that SW-846 method
detection limits cannot be achieved when analyzing certain feedstream
matrices (see 56 FR 42504, August 27, 1991). The subject rule noted
that we could reject the use of an alternative method because it may
not meet or exceed the performance capabilities of the SW-846 methods
or the recommended methods.
In this instance, the SW-846 methods are not being used for method-
defined parameters. Therefore, we propose to remove from Sec. Sec.
266.100(d)(1)(ii) and (g)(2) and 266.102(b)(1) the phrase regarding
alternative methods and add language allowing the use of
``appropriate'' procedures from other reliable sources. This change
will explicitly allow the use of other appropriate methods and maintain
consistency in our language throughout the RCRA regulations regarding
the use of other methods. The broad, conforming changes that we are
proposing to make throughout the regulations are essentially similar to
what is included here. While we are changing specific language here, we
are not changing the original intent of the regulation. In fact, we are
proposing to use the original intent of this regulation throughout the
other RCRA regulations, when applicable.

G. Removal of Requirement To Use Only SW-846 in Sec. 266.106(a)

Section 266.106 provides the standards to control emissions of
metals at BIFs. Paragraph (a) of this section states that the owner/
operators must comply with the standards for any listed metal of
concern that is present at detectable levels using SW-846 methods. The
listed metals of concern include antimony, arsenic, barium, beryllium,
cadmium, chromium, lead, mercury, thallium, and silver. In this
instance, the SW-846 methods are not being used for the analysis of
method-defined parameters and their required use is not necessary.
Therefore, we propose to revise this section by removing the
requirement to use only SW-846 methods, deleting the reference to Sec.
260.11, and explicitly allowing the use of other appropriate methods.

H. Removal of Requirements To Use Only SW-846 in Sec. 266.112(b)(1)
and (b)(2)(i)

Section 266.112 of the BIF regulations addresses the regulation of
residues resulting from the burning or processing of hazardous wastes
in BIFs. Paragraph (b)(1) provides testing requirements for the
exclusion of such residues based on comparison of appendix VIII, part
261, constituents in a waste-derived residue to those in a normal
residue. It states that sampling and analysis must be in conformance
with the procedures of

[[Page 66262]]

SW-846. The section does not specify the use of any SW-846 methods for
method-defined parameters. In addition, the preamble to the Hazardous
Waste Combustion Maximum Achievable Control Technologies (MACT)
rulemaking of September 30, 1999 (64 FR 52828) stated that EPA does not
require the use of SW-846 methods for the analysis of feedstreams in
order to be consistent with a move toward PBMS. Therefore, we propose
to remove the requirement to use only SW-846 procedures during the BIF
residue exclusion demonstration, to delete the reference to Sec.
260.11, and to explicitly allow the use of other appropriate methods.
If you are an owner/operator subject to this regulation, and you select
this option, you will still be required to determine if the residue
contains appendix VIII constituents. However, you will have more
flexibility in the selection of a method for the determination.
In addition, Sec. 266.112(b)(2)(i) requires the use of only SW-846
procedures during a residue exclusion demonstration based on a
comparison of non-metal constituent concentrations in the waste-derived
residue with health-based limits provided in appendix VII to part 266.
Under this section, the testing of the residue does not involve a
method-defined parameter and the required use of only SW-846 methods is
not necessary. We propose to revise this section by removing the
required use of only SW-846 procedures and explicitly allowing the use
of other appropriate methods. If you are an owner/operator subject to
this regulation, and you select this option, you will still be required
to compare levels of non-metal constituents with the health-based
limits of appendix VII. However, you will have more flexibility in the
selection of a method for the determination. We are not revising Sec.
266.112(b)(2)(ii), which will continue to require the use of the TCLP
for the leaching of metal constituents during the residue exclusion
demonstration under Sec. 266.112(b)(2).

I. Removal of Requirements To Use Only SW-846 in Sections 1.0, 3.0,
10.3, and 10.6 of Appendix IX to Part 266

Appendix IX to part 266 contains the methods manual for compliance
with the BIF regulations. The last paragraph of section 1.0,
``Introduction,'' currently identifies all SW-846 methods to the BIF
manual as required procedures for determining compliance with the BIF
regulations. The section text does not specifically reference the
method numbers; instead it only refers to the methods of SW-846 in
general. However, not all of the SW-846 methods for BIF-related
analysis are used for method-defined parameters. Therefore, we propose
to revise the last paragraph of section 1.0 to explicitly list those
SW-846 methods used for method-defined parameters in BIF-related
analyses (i.e., air sampling) and which cannot be substituted with
other methods. Those methods will remain required for BIF-related
analyses, if this proposal is finalized. These methods include air
sampling Methods 0011 (``Sampling for Selected Aldehyde and Ketone
Emissions from Stationary Sources''), 0023 (``Sampling Method for
Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofuran
Emissions from Stationary Sources''), 0050 (``Isokinetic HCl/
Cl₂ Emission Sampling Train''), 0051 (``Midget Impinger HCl/
Cl₂ Emission Sampling Train''), 0060 (``Determination of
Metals in Stack Emissions''), and 0061 (``Determination of Hexavalent
Chromium Emissions from Stationary Sources'').
The following two methods are those BIF methods which do not
involve method-defined parameters and which can be substituted with
other appropriate methods for BIF-related analyses: SW-846 Method 9057,
``Determination of Chloride from HCl/Cl₂ Emission Sampling
Train (Methods 0050 and 0051) by Anion Chromatography,'' and Method
8315, ``Determination of Carbonyl Compounds by High Performance Liquid
Chromatography (HPLC).'' We propose to add sentences to the last
paragraph of section 1.0 of appendix IX to part 266 that allows the use
of appropriate methods from other reliable sources for these
determinations.
[Note: Methods 0050 and 0051, referenced in the title of Method
9057, describe the collection of stack gas emission samples for
subsequent determinative analysis of hydrogen chloride and chlorine.
Method 9057, an ion chromatography method, is typically used in the
determinative analysis of chloride from the samples generated by those
methods. During use of Methods 0050 and 0051, Cl- ions are collected in
separate solutions for subsequent determinative analysis (e.g., using
Method 9057). Methods 0050 and 0051 remain required methods for a
method-defined parameter because a change in their sampling procedures
(e.g., a change in the nature of the solutions submitted for
determinative analysis) could result in different results by the
determinative method. However, it is not necessary to exclusively
require Method 9057 for the chloride determination because, when
appropriate, other determinative methods besides Method 9057 may be
used for that determination.]
Given the above, we also propose to revise the ``Note'' of section
3.0, ``Sampling and Analytical Methods,'' to reflect that the complete
SW-846 manual will no longer be incorporated by reference as a source
of required methods for BIF-related analyses.
Section 10.3, ``Basis,'' addresses the determination of metal
concentrations during BIF-related analyses. Paragraph (2) of this
section references SW-846, as incorporated by reference, as the source
for methods for the determinations. Methods for such determinations are
not used for method-defined parameters. Therefore, we propose to revise
the section so that other appropriate methods can be used, and remove
the indication that these SW-846 methods are incorporated by reference.
Finally, the fourth bullet of paragraph (5) of section 10.6,
``Precompliance Procedures,'' indicates that daily sample composites
must be prepared according to SW-846 procedures. We propose to revise
this bullet to allow other appropriate procedures and reflect the
intent that SW-846 sampling procedures only be used as guidance.

J. Removal of Requirements To Use Only SW-846 Methods in Sec. Sec.
270.19(c)(1)(iii) and (iv); 270.22(a)(2)(ii)(B); 270.62(b)(2)(i)(C) and
(D); and 270.66(c)(2)(i) and (ii)

Section 270.19 describes the part B information requirements for
incinerators. Paragraph (c)(1)(iii) of that section states that, when
submitting information in lieu of a trial burn, the applicant must
identify any hazardous constituents listed in appendix VIII of part 261
that are present in the waste by using SW-846. Sections
270.62(b)(2)(i)(C) and (D) and 270.66(c)(2)(i) and (ii) provide the
same requirements for the trial burn plans submitted by hazardous waste
incinerator and BIF permit applicants.
In addition, Sec. 270.22 provides specific part B information
requirements for BIFs. Paragraph (a)(2)(ii)(B) of that section states
that, when seeking to permit BIFs that burn low risk wastes to waive
the DRE trial burn, owner/operators must submit results using SW-846
analytical techniques documenting the concentrations of the nonmetal
compounds of appendix VIII of part 261.
Each of the above sections include requirements to use only SW-846
methods during the analyses of appendix VIII, part 261, constituents.
These analyses do not involve the use of SW-846 methods for method-
defined

[[Page 66263]]

parameters. We propose to remove these requirements, to delete the
references to Sec. 260.11, and to explicitly allow the use of
appropriate methods from other reliable sources. If you are an
applicant, you will still be required to conduct analyses for the
appendix VIII constituents of concern. However, you will have
flexibility in the selection of an appropriate method.

K. Removal of SW-846 Methods From Incorporation by Reference in Sec.
260.11(a)(11)

Currently, all methods of SW-846 are incorporated by reference at
Sec. 260.11(a)(11) ``when used'' within the RCRA regulations. All of
SW-846 had to be incorporated by reference because some RCRA
regulations require in general any SW-846 method (e.g., the delisting
regulations). The required methods had to be incorporated by reference
because they are too lengthy for publishing directly in the regulations
and they are readily available to the public in the SW-846 manual. In
this rule, we propose to restrict required uses of SW-846 methods for
the analysis of method-defined parameters. Therefore, we propose to
revise Sec. 260.11(a)(11) to remove the incorporation by reference of
all SW-846 methods except those SW-846 methods that may be required for
the analyses of method-defined parameters. Those methods will remain
incorporated by reference when used for method-defined parameters and
required by the RCRA regulations (a few are not explicitly required by
the RCRA regulations at this time).
It is important to note that a method listed in Sec. 260.11(a)(11)
because it is used for analysis of a method-defined parameter is
sometimes used for non-mandatory purposes. For example, Methods 9010,
``Total and Amenable Cyanide: Distillation,'' and 9012, ``Total and
Amenable Cyanide (Automated Colorimetric, with Off-line Distillation)''
are listed in some conditional delistings and are not being used for a
method-defined parameter. Therefore, the facilities can use another
appropriate method for those analyses. However, these same methods are
used as method-defined parameters under Sec. 268.44, the universal
treatment standards under the land disposal restrictions regulations.
In that case, the methods cannot be substituted. Therefore, due to the
latter scenario, those two methods are incorporated by reference in the
regulations at Sec. 260.11(a)(11). It is the application of a method
in a regulation that determines whether a method is being used to
analyze a required method-defined parameter--not simply whether the
method is listed in Sec. 260.11(a)(11).
Given this proposal, the SW-846 methods to remain as incorporated
by reference in Sec. 260.11(a)(11) are listed in Table 3.

Table 3.--SW-846 Methods To Remain in Sec. 260.11(a)(11)
------------------------------------------------------------------------
SW-846 method Method title
------------------------------------------------------------------------
0010.............................. Modified Method 5 Sampling Train.
0011.............................. Sampling for Selected Aldehyde and
Ketone Emissions from Stationary
Sources.
0020.............................. Source Assessment Sampling System
(SASS).
0023.............................. Sampling Method for Polychlorinated
Dibenzo-p-Dioxins and
Polychlorinated Dibenzofuran
Emissions from Stationary Sources.
0030.............................. Volatile Organic Sampling Train.
0031.............................. Sampling Method for Volatile Organic
Compounds (SMVOC).
0040.............................. Sampling of Principal Organic
Hazardous Constituents from
Combustion Sources Using
Tedlar[reg]
Bags.
0050.............................. Isokinetic HCl/Cl₂ Emission Sampling
Train.
0051.............................. Midget Impinger HCl/Cl₂ Emission
Sampling Train.
0060.............................. Determination of Metals in Stack
Emissions.
0061.............................. Determination of Hexavalent Chromium
Emissions from Stationary Sources.
1010.............................. Pensky-Martens Closed-Cup Method for
Determining Ignitability.
1020.............................. Small Scale Closed-Cup Method for
Determining Ignitability.
1110.............................. Corrosivity Toward Steel.
1310.............................. Extraction Procedure (EP) and
Structural Integrity Test.
1311.............................. Toxicity Characteristic Leaching
Procedure.
1312.............................. Synthetic Precipitation Leaching
Procedure.
1320.............................. Multiple Extraction Procedure.
1330.............................. Extraction Procedure for Oily
Wastes.
3542.............................. Extraction of Semivolatile Analytes
Collected Using Method 0010
(Modified Method 5 Sampling Train).
5041.............................. Analysis for Desorption of Sorbent
Cartridges from Volatile Organic
Sampling Train (VOST).
9010.............................. Total and Amenable Cyanide:
Distillation.
9012.............................. Total and Amenable Cyanide
(Automated Colorimetric, with Off-
line Distillation).
9040.............................. pH Electrometric Measurement.
9045.............................. Soil and Waste pH.
9060.............................. Total Organic Carbon (TOC).
9070.............................. n-Hexane Extractable Material (HEM)
for Aqueous Samples.
9071.............................. n-Hexane Extractable Material (HEM)
for Sludge, Sediment, and Solid
Samples.
9095.............................. Paint Filter Liquids Test.
------------------------------------------------------------------------

Please note that we are not adding any new methods to Sec.
260.11(a)(11)--each method listed above is already a part of SW-846 and
was incorporated by reference during previous rulemakings. We are only
removing from incorporation by reference those methods that will no
longer be required should this proposal be finalized. For each method
retained as incorporated by reference, we are indicating in Sec.
260.11(a)(11) the promulgated version of the method which was last
incorporated by reference and thus which must be used during regulatory
compliance.

[[Page 66264]]

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

We also propose to correct inaccurate references to SW-846 (some of
which are logical outgrowths to the proposed revision to Sec. 260.11),
and clarify method selection flexibility in the RCRA regulations. Table
4 lists and summarizes these proposed changes to the RCRA regulations.

Table 4.--Proposed Corrections and Clarifications
------------------------------------------------------------------------
Regulation Correction or clarification
------------------------------------------------------------------------
Sec. 258.28(c)(1)--Liquids Correction to add ``incorporated by
restrictions. reference in Sec. 260.11'' after
mention of SW-846 Method 9095, ``Paint
Filter Liquids Test''
Appendix I to part 258-- Correction to include SW-846 Method 6020
Constituents for detection as an example of an appropriate method
monitoring. for detection monitoring.
Appendix II to part 258--List Clarification regarding the use of other
of inorganic and organic appropriate methods by removing the
hazardous constituents. ``Suggested Methods'' and ``PQLs ([mu]
g/
L)'' columns, removing footnotes 1, 5
and 6 and revising and renumbering the
remaining footnotes, as appropriate. (As
noted in footnote 1, the methods and
PQLs were given for informational
purposes only; and, as noted in footnote
6, the PQLs were directly related to the
indicated methods and not part of a
regulation.).
Sec. 260.21(d)--Petitions Clarification that equivalent methods
for equivalent methods. will be added to Sec. 260.11, instead
of just added to SW-846.
Sec. Sec. 261.3(a)(2)(v), Clarification that other appropriate
279.10(b)(1)(ii), 279.44(c), methods beside the example SW-846
279.53(c), and 279.63(c)-- methods can be used in analyses to show
Rebuttable presumption for that a used oil does not contain
used oil. hazardous waste.
Appendix III to part 261-- Clarification regarding the use of other
Chemical analysis test appropriate methods.
methods.
Sec. Sec. 264.1034(f) and Clarification that appropriate methods
265.1034(f)--Test methods other than SW-846 Method 8260 are
and procedures. allowed to resolve disagreements
regarding concentration estimates.
Appendix IX to part 264-- Clarification regarding the use of other
Ground-water monitoring list. appropriate methods by removing the
``Suggested Methods'' and ``PQLs ([mu]
g/
L)'' columns and removing footnotes 1, 5
and 6 and revising and renumbering the
subsequent footnotes, as appropriate.
(As noted in footnote 1, the methods and
PQLs were given for informational
purposes only; and, as noted in footnote
6, the PQLs were directly related to the
indicated methods and not part of a
regulation.).
Sec. 265.1081--Definitions. Correction to SW-846 reference in
definition of ``waste stabilization
process''.
Appendix IX to part 266-- Corrections to reflect removal of SW-846
Methods manual for methods from the manual on June 13, 1997
compliance with BIF and clarification in existing guidance
regulations. regarding use of other appropriate
methods and SW-846.
------------------------------------------------------------------------

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

We are also proposing to withdraw the reactivity interim threshold
levels and reactive cyanide and sulfide methods from Chapter Seven of
SW-846 and from certain conditional delistings found in appendix IX to
40 CFR part 261. In particular, July 1985, EPA's Office of Solid Waste
(OSW) issued a memorandum entitled ``Interim Thresholds for Toxic Gas
Generation.'' This 1985 memorandum contained interim threshold levels
for toxic cyanide and sulfide gas generation and draft analytical
methods for testing wastes for those levels. This reactive cyanide and
reactive sulfide guidance was developed in response to public inquiries
about how to evaluate wastes for the characteristic of reactivity under
Sec. 261.21(a)(5). In response to subsequent concerns about the
effectiveness of the guidance (as explained further below), EPA's OSW
reexamined the guidance, and on April 21, 1998, issued a memorandum
entitled ``Withdrawal of Cyanide and Sulfide Reactivity Guidance''
which withdrew the July 1985 guidance. At this time, given the 1998
withdrawal of the reactive cyanide and sulfide interim threshold levels
and draft method guidance, EPA proposes to withdraw the same guidance
from Chapter Seven, ``Characteristics Introduction and Regulatory
Definitions,'' of SW-846 and to withdraw required uses of the interim
threshold levels and methods found in certain conditional exclusions
(also called delistings) at 40 CFR part 261, appendix IX. The following
paragraphs provide background information regarding the 1985 guidance
and its withdrawal in 1998, and provide the basis for this proposal.
See the docket, number RCRA-2002-0025, of this rulemaking for a copy of
the 1985 and 1998 memorandums.
40 CFR 261.23 contains eight narrative descriptions of properties
used to identify solid wastes exhibiting the hazardous waste
characteristic of reactivity (EPA Hazardous Waste Number D003). The
fifth of those properties at Sec. 261.23(a)(5) addresses cyanide- and
sulfide-bearing solid wastes. The regulation states that one way a
solid waste can be reactive is if ``it is a cyanide- or sulfide-bearing
waste which, when exposed to pH conditions between 2 and 12.5, can
generate toxic gases, vapors or fumes in a quantity sufficient to
present a danger to human health or the environment.'' The regulation
does not require that a particular test method be used for
determination of this reactive property. Instead, as with each of the
reactivity characteristic properties, the regulated public must base
their determination on the narrative standard and knowledge of their
waste.
Some of the hazardous waste characteristics are defined in terms of
properties measurable by standardized testing protocols. However,
regarding the reactivity characteristic, EPA noted that available test
methods suffered from a number of shortcomings which made it
inappropriate to specify a numerically quantified definition with
accompanying test protocols (see 45 FR 33110, May 19, 1980). In
addition, reactive wastes may exist and pose a hazard under a variety
of situations and circumstances, and it would be difficult to
adequately quantify and test for all of those situations. The Agency
noted that a lack of a quantified definition and accompanying test
methods would not cause problems because most generators

[[Page 66265]]

of reactive wastes are aware that their wastes possess the property and
require special handling. Consequently, the Agency developed the
narrative definitions found at Sec. 261.23 as sufficient information
to determine whether a waste is hazardous based on reactivity.
However, the Agency received many public inquires regarding how to
evaluate wastes for the reactivity characteristic property at Sec.
261.23(a)(5). The Agency therefore initiated studies on the possible
development of numerical limits and test methods for the property. On
an interim basis, the Agency issued the memorandum in July 1985 which
provided interim threshold levels for ``toxic gas generation
reactivity.'' These limits were 250 mg of HCN/kg of waste for total
available cyanide and 500 mg of H₂S/kg of waste for total
available sulfide. The memorandum provided draft testing methods for
measuring the available cyanide and sulfide and noted that on-going
studies may result in changes to the methods. The memorandum also
provided a description of the mismanagement scenario used to derive the
interim threshold levels. This scenario assumed disposal of cyanide-
and sulfide-bearing wastes into an open pit containing acidic wastes,
resulting in a rapid and high level release of toxic gas. After
issuance of the 1985 memorandum, the guidance threshold levels and
draft test methods were included in sections 7.3.3 (``Interim Guidance
for Reactive Cyanide'') and 7.3.4 (``Interim Guidance for Reactive
Sulfide'') of Chapter Seven of EPA Publication SW-846, ``Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods.''
The 1985 memorandum contained non-binding interim guidance and was
not a regulation. The EPA reactivity threshold limit and method studies
mentioned by the document were not successfully completed. No threshold
levels or test methods were ever proposed or promulgated and included
in Sec. 261.23(a)(5) as numerically quantified definitions of a
reactive hazardous waste. The addition of the 1985 interim limits and
draft methods to Chapter Seven of SW-846 did not change the guidance
status of the levels and methods for purposes of judging if a waste
exhibits the characteristic of reactivity because the reactivity
characteristic at Sec. 261.23 does not specify the limits or use of
the SW-846 methods. EPA intended that the 1985 and Chapter Seven
information only be used as guidance of what might be hazardous.
Since cyanide and sulfide reactivity under Sec. 261.23(a)(5) does
not specify the use of a SW-846 method and instead relies on a
narrative standard, the SW-846 methods are not incorporated by
reference at Sec. 260.11 for the purpose of determining whether a
waste is hazardous based on that property of the reactivity
characteristic. However, as noted above in section III.A (``Removal Of
Requirements to Use only SW-846 in Sec. Sec. 260.22(d)(1)(i) and
Appendix IX to Part 261'') of this proposal, some conditional
delistings were promulgated after 1985 that require the use of SW-846
methods, including use of the reactive cyanide and reactive sulfide
test methods found in SW-846 Chapter Seven. Some of these conditional
delistings also specify the reactive cyanide and sulfide limits of 250
mg/kg and 500 mg/kg, respectively, as delisting action levels.
In early 1998, the National Enforcement Investigations Center
(NEIC) of EPA expressed concerns regarding the effectiveness of the
reactivity guidance contained in the 1985 memorandum and Chapter Seven
of SW-846, and urged that EPA withdraw the guidance. Consequently,
EPA's OSW conducted a review of the 1985 guidance mismanagement
scenario, the derivation of the guidance threshold levels, and the
relationship of the scenario and thresholds to the test method results.
After this careful review, EPA concluded that NEIC's concerns regarding
effectiveness of the guidance were well founded. To summarize, EPA
concluded that the guidance had the following significant flaws: (1)
The test conditions evaluate a single pH condition and not the range of
pH conditions (2 to 12.5) specified in the regulation; (2) the test
conditions do not adequately recover the analyte and thus the tests
predict low percentages of analyte releases in the waste, (3) the
mismanagement scenario and test conditions are not correctly scaled
between each other, and (4) the mismanagement scenario of an open pit
is not the only exposure of concern and may not represent a plausible
worst case scenario. (See the April 21, 1998 memorandum at http://
www.epa.gov/SW-846/ for detailed information regarding NEIC's concerns
and EPA's conclusions.) EPA consequently withdrew the July 1985
guidance through the aforementioned April 21, 1998 memorandum.
Therefore, in conjunction with the 1998 withdrawal of the 1985
cyanide and sulfide reactivity guidance, we propose to remove sections
7.3.3 and 7.3.4 from Chapter Seven of SW-846. We will include the
revised Chapter Seven in Proposed Update IIIB to SW-846.
It is necessary to use a rulemaking to remove sections 7.3.3 and
7.3.4 from Chapter Seven, even though the sections were originally
added only as guidance, because as noted above certain conditional
delistings found in Tables 1 and 2 of 40 CFR part 261, appendix IX, do
require use of the methods in those sections. The 1998 withdrawal of
the 1985 guidance did not affect those requirements. Since the
delistings require the use of SW-846 methods, the reactive cyanide and
sulfide methods found in SW-846 are incorporated by reference for the
purpose of implementing those specific delisting provisions. We
therefore, propose to remove required uses of the SW-846 Chapter Seven
methods for reactive cyanide and sulfide from a number of conditional
delistings.
In addition, some of the conditional waste exclusions list the
reactive cyanide and sulfide interim threshold levels found in the 1985
memorandum and in Chapter Seven as delisting action limits. Therefore,
due to Agency concerns regarding the effectiveness of those levels for
determining whether a waste is hazardous, the Agency also proposes to
remove those levels from the delistings.
The Agency notes that the exclusions in 40 CFR part 261 appendix IX
only apply to listed hazardous wastes. As noted by Sec. Sec.
260.22(c)(2), (d)(4) and (e)(4), an excluded waste may still be a
hazardous waste by operation of subpart C of part 261, which contains
the RCRA regulations addressing characteristic hazardous wastes.
Therefore, generators of excluded wastes are still required to continue
to determine whether their wastes remain non-hazardous based on the
four hazardous waste characteristics, including the characteristic of
reactivity. (EPA's ``RCRA Delisting Program Guidance Manual for the
Petitioner,'' March 23, 2000, affirms this requirement by stating that
generators with excluded wastes remain obligated to determine whether
their waste remains non-hazardous based on the hazardous waste
characteristics.) Therefore, removal of required testing for reactive
cyanide and sulfide based on the SW-846 methods and threshold levels
does not relieve the generators of delisted wastes from a reactivity
characteristic determination. Given the regulatory requirement in Sec.
260.22(c)(2), (d)(4) and (e)(4) it also is not necessary to replace the
reactive cyanide and sulfide method requirements or threshold levels in
those delistings with language requiring a determination based on the
narrative at Sec. 261.23(a)(5),

[[Page 66266]]

or on any other property under the reactivity characteristic.
As noted by the 1998 memorandum, we understand that withdrawal of
the reactivity guidance meant that waste generators who relied on this
guidance in the past might have somewhat greater uncertainty about
determining the regulatory status of their cyanide- and sulfide-bearing
wastes. However, the Agency believes that generators of sulfide- and
cyanide-bearing wastes can recognize the acute toxicity of sulfides and
cyanides without relying on the guidance test methods and threshold
levels. Where wastes with high concentrations of soluble sulfides and
cyanides are managed, generators have relied on their knowledge of the
waste to classify them as D003. Generators should continue to classify
their high concentration sulfide- and cyanide-bearing wastes as
hazardous based on the narrative standard of 261.23(a)(5), as they
always have been required to do.
We are interested in public comments on the removal of the
reactivity guidance from Chapter Seven and on the removal of the
reactive cyanide and sulfide analytical requirements and threshold
levels from the conditional delistings.

VII. Proposed Clarifications to Corrosivity and Ignitability Hazardous
Waste Characteristics

Sections VII.A and VII.B address proposed revisions to the
corrosivity characteristic and the ignitability characteristic testing
requirements. The revisions include changes to references to ASTM
standards and SW-846 methods. These revisions are non-substantive
updates of the methods presently used in the regulations and will not
affect which wastes are determined to be hazardous based on the
characteristics. We request public comment on each of the proposed
revisions.

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

Section 261.22(a)(2) defines the hazardous waste characteristic of
corrosivity for a liquid which corrodes steel. The required test method
for the determination is identified as ``the test method specified in
NACE * * * Standard TM-01-69 as standardized in * * * SW-846 * * *'' As
explained in the May 19, 1980 regulations (see 45 FR 33084) which added
Sec. 261.22 to the RCRA regulations, EPA standardized the NACE
Standard TM-01-69 in SW-846. As also explained in the background
document to the corrosivity characteristic, NACE Standard TM-01-69
describes a simple immersion test to determine the rate of corrosion,
and the procedure is not completely standardized because it was
designed to test the suitability of metals for a variety of uses. In
1980, a public commenter was concerned that the incomplete
standardization of the NACE Standard permitted undesired variation in
test conditions. EPA agreed and, in response to the public comment, put
a standardized version of the method in SW-846 so that the procedure
more clearly defined the appropriate test conditions. At the time, we
did not specify which test method of SW-846 included the standardized
version of the NACE method. This SW-846 method has always been Method
1110, ``Corrosivity Toward Steel.'' Therefore, we propose to add the
number of this method to Sec. 261.22(a)(2) for clarification of which
SW-846 test method is the standardized version of NACE. This revision
to Sec. 261.22(a)(2) does not represent a change to the
characteristic.

B. Revisions to Sec. 261.21(a)(1) To Update References to ASTM
Standards, To Clarify That SW-846 Methods 1010 and 1020 Reference and
Use the ASTM Standards Specified for Ignitability Characteristic
Testing, and To Remove an Unnecessary Referral to Method Equivalency
Petitions; and Revisions to Sec. 260.11(a)(1) and (2) To Include the
Updated References

Section 261.21(a)(1) defines the hazardous waste characteristic of
ignitability for a liquid which has a flash point less than 60 [deg]C
(140 [deg]F). For the determination, the section requires the Pensky-
Martens Closed Cup Tester using ASTM Standard D 93-79 or D 93-80, or a
Setaflash Closed Cup Tester using ASTM Standard D 3278-78. The American
Society for Testing and Materials (ASTM) has revised these standards.
We compared the latest versions of the standards with the ones
currently referenced by Sec. 261.21(a)(1). We found that the
differences between ASTM Standard D 3278-78 and the new version D 3278-
96 were not substantive and will not affect whether a waste is
identified as hazardous based on the ignitability characteristic. We
also compared ASTM Standard D 93-80 with the newer versions D 93-99c
and D 93-00. Again, we found that the D 93-99c differences were not
substantial. However, we found that the D 93-00 differences may be
substantial because that version specifies different sample container
volumes for different sample types. Specifically, it requires that all
matrices except residual fuel oil be collected in containers not more
than 85% or less than 50% full. The revision may significantly affect
the characteristic results, since the potential to lose flammable
volatile constituents will be greater from sample containers that may
now have as much as 50% headspace. We are interested in public comment
on this evaluation and conclusion. You can review a copy of our ASTM
standard comparisons in the docket (number RCRA-2002-0025) to this
proposed rule.
Given the above, we propose to revise Sec. 261.21(a)(1) so that
the use of ``ASTM Standard D 93-79 or ASTM Standard D 93-80'' is
replaced by the use of ``ASTM Standard D 93-99c'' for an ignitability
characteristic determination using the Pensky-Martens Closed Cup
Tester. We also request comment on whether we should instead replace
the older standard with ``ASTM Standard D 93-00.'' Please give detailed
reasons for your position.
Likewise, we propose to revise Sec. 261.21(a)(1) whereby the use
of ``ASTM Standard D 3278-78'' is replaced by the use of ``ASTM
Standard D 3278-96'' for a determination using the Small Scale Closed
Cup Apparatus (formerly called the Setaflash Closed Cup Tester in ASTM
D 3278-78). We also propose to revise the incorporation by reference
citations for these methods at Sec. 260.11(a)(1) and (2) to reflect
the updated references of these ASTM methods.
In addition, the most current versions of SW-846 Method 1010,
``Pensky-Martens Closed-Cup Method for Determining Ignitability,'' and
Method 1020, ``Setaflash Closed-Cup Method for Determining
Ignitability,'' use the above ASTM standards as their method
procedures. A brief summary of the ASTM procedure is provided by each
method and the reader is referred to the appropriate ASTM standard for
information on how to conduct the subject test. Therefore, we propose
to also revise Sec. 261.21(a)(1) to clarify that the ASTM standards
for ignitability characteristic determinations are used and referenced
by the subject SW-846 methods.
Finally, regarding Sec. 261.21(a)(1), we propose to remove the end
of the last sentence which refers to the equivalent test method
demonstration. This information is adequately addressed in Sec. Sec.
260.20 and 260.21. It is not necessary to repeat the information
regarding method equivalency petitions in each section of a RCRA
regulation which requires use of a test method. Also, this revision is
consistent with similar sections on testing in part 261 and other parts
of the RCRA regulations.

[[Page 66267]]

None of the above proposed revisions represent a change to the
ignitability characteristic.

VIII. Availability of Proposed Update IIIB and Invitation for Public
Comment on the Update

SW-846 is a guidance document that changes over time as new
information and data are developed. Today, we propose to revise several
methods and chapters of SW-846 and release these revisions as an update
to the Third Edition of SW-846. To date, EPA has finalized Updates I,
II, IIA, IIB, III, and IIIA to the Third Edition of the SW-846 manual.
On May 8, 1998 (see 63 FR 25430) and on November 27, 2000 (see 65 FR
70678), we also respectively announced the availability of Draft Update
IVA and Draft Update IVB methods and chapters, which we published for
guidance purposes only. The revised methods of today's update (Update
IIIB) are used for method-defined parameters and thus, any required
uses of those methods will remain in the RCRA regulations (a few of the
methods are not explicitly required in the current RCRA regulations).
Therefore, we are formally proposing them today as Update IIIB to SW-
846. Our reasons for the method revisions follow.
First, as noted earlier, ASTM released Standards D 93-99c, ``Flash
Point by Pensky-Martins Closed Cup Tester,'' to replace D 93-80 (which
previously replaced D 93-79) and D 3278-96, ``Flash Point of Liquids by
Small Scale Closed-Cup Apparatus,'' to replace D 3278-78. The current
versions of SW-846 Methods 1010 and 1020 reference the older versions
of those standards. We propose to replace these out-of-date references
in Methods 1010 and 1020 with references to the newer versions of the
subject ASTM standards. We also propose to revise the title of Method
1020 from ``Setaflash Closed-Cup Method for Determining Ignitability''
to ``Small Scale Closed Cup Method for Determining Ignitability'' for
consistency with the title of ASTM Standard D 3278-96. None of the
above revisions to Methods 1010 and 1020 represent a change to the
ignitability characteristic.
We also propose to clarify the surface area equation found in Sec.
4.5 of Method 1110, ``Corrosivity Toward Steel.'' We have received
questions from the public indicating that the current equation is not
sufficiently clear as written, due to the equation font and format. We
wish to note that the equation shown in the method can be correctly
followed if one uses the rules for mathematical function precedence
(addition, subtraction, multiplication, and then division).
Nevertheless, we are changing Sec. 4.5 of Method 1110 to a format that
is less subject to misinterpretation. This does not represent a
significant change to that method or the characteristic because the new
presentation does not change the equation or calculation result.
We also propose to include in Update IIIB seven revised methods
which will be retained at Sec. 260.11(a)(11) because they might be
required for RCRA-related method-defined parameters. We are also
revising the text in section 6.0 of most of these methods to remove
required uses of Chapter Nine during the required uses of those
methods. We are making these revisions to clarify that use of sampling
directions found in Chapter Nine of SW-846 is guidance and not required
under the RCRA Program. These revisions do not modify any required uses
of the methods in the RCRA regulations or the results from using the
methods. Regarding Method 9070A, we are adding the suffix ``A'' and a
method title, which were inadvertently left out during its last
promulgation as part of Update IIIA.
To address editorial revisions due to the revised methods, Update
IIIB will include a revised Table of Contents and revised Chapters
Five, Six, and Eight. Chapters Five, Six, and Eight will be revised to
include the new method numbers for the revised methods of Proposed
Update IIIB. Also, Chapter Seven will be revised to reflect the
withdrawal of the reactive cyanide and sulfide guidance in sections
7.3.3 (``Interim Guidance for Reactive Cyanide'') and 7.3.4 (``Interim
Guidance for Reactive Sulfide''), and to replace certain characteristic
explanatory text with referrals to the regulations themselves.
In conclusion, we propose to revise Sec. 260.11(a)(11) to include
the eleven Update IIIB revised methods described above. Table 5
provides a listing of the Update IIIB eleven revised SW-846 methods and
four revised chapters and Table of Contents. The method numbers in the
table reflect the appropriate method revision letter suffix (e.g., A,
B, C, etc.). These suffixes are not always reflected in the RCRA
regulations themselves (e.g., the regulations typically only cite the
method number without a suffix), nor are they reflected at Sec.
260.11(a)(11). However, as noted earlier in this proposal, during
compliance with those regulations, the regulated community must only
use the latest promulgated revision of those methods as indicated in
Sec. 260.11(a)(11).
Table 5 also identifies those sections or parts of each method or
chapters which are revised and are open for public comment. We will not
consider comments on the other sections or parts of the methods or
chapters because those portions are not changed by Proposed Update
IIIB.

Table 5.--Revised Methods and Chapters
------------------------------------------------------------------------
Sections or parts of
Method No. Method or chapter methods or chapters
title open for comment
------------------------------------------------------------------------
Table of Contents... References to the
revised methods.
Chapter Five-- References to the
Miscellaneous Test. revised methods.
Chapter Six-- References to the
Properties. revised methods.
Chapter Seven-- Secs. 7.1.2, 7.2.2,
Characteristics 7.3.2, and removal
Introduction. of secs. 7.3.3 and
7.3.4.
Chapter Eight-- References to the
Methods for revised methods.
Determining
Characteristics.
1010A....................... Pensky-Martens Secs. 1.1, 1.2, 2.2,
Closed-Cup Method and 3.1 and ref. 4
for Determining of sec. 4.0.
Ignitability.
1020B....................... Small Scale Closed Title and secs. 1.1,
Cup Method for 1.3, 2.1, and 2.4
Determining and ref. 4 of sec.
Ignitability. 4.0.
1110A....................... Corrosivity Toward Sec. 4.5.
Steel.
1310B....................... Extraction Procedure Secs. 1.1 and
(EP) Toxicity Test deleted 6.1
Method and
Structural
Integrity Test.
9010C....................... Total and Amenable Secs. 1.1 and
Cyanide: deleted 6.1.
Distillation.

[[Page 66268]]

9012B....................... Total and Amenable Secs. 1.1 and
Cyanide (Automated deleted 6.1.
Colorimetric, with
Off-line
Distillation).
9040C....................... pH Electrometric Deleted Sec. 6.1.
Measurement.
9045D....................... Soil and Waste pH... Deleted Sec. 6.1.
9060A....................... Total Organic Carbon Deleted Sec. 6.1.
9070A....................... n-Hexane Extractable Title.
Material (HEM) for
Aqueous Samples.
9095B....................... Paint Filter Liquids Deleted Sec. 6.1.
Test.
------------------------------------------------------------------------

Note: A suffix of ``A'' in the method number indicates revision
one (the method has been revised once). A suffix of ``B'' in the
method number indicates revision two (the method has been revised
twice). A suffix of ``C'' in the method number indicates revision
three (the method has been revised three times).

IX. Proposed Addition of Method 25A to Sec. Sec. 264.1034(c)(1)(ii)
and (iv) and 265.1034(c)(1)(ii) and (iv)

We propose to revise Sec. Sec. 264.1034(c)(1)(ii) and (iv) and
265.1034(c)(1)(ii) and (iv) to allow use of Method 25A, as well as
Method 18, during analyses in support of air emission standards for
process vents and/or equipment leaks at hazardous waste management
facilities. We added the flexibility to use a method other than Method
18 as a result of feedback from the regulated public. Method 18 is a
technique best applied when the test matrix is known and the number of
target compounds is limited. It identifies individual components. On
the other hand, Method 25A is a total volatile organic compound (VOC)
measurement method. Members of the regulated public found it difficult
to effectively use Method 18 in compliance with the subject regulation
because their sources contain up to hundreds of regulated compounds,
and because the test matrix changes daily. The Agency believes that
allowing the use of Method 25A will solve this problem. Also, from an
environmental protection viewpoint, Method 25A may be more protective
than Method 18 because it is a total analysis method and responds to
total volatile organic carbon without differentiating among individual
components. Therefore, this change will allow the needed method
selection flexibility without lessening environmental protection. As
part of this change, we added equations for the calculation of total
mass flow rates for sources utilizing Method 25A. Both Methods 25A and
18 are located in 40 CFR part 60, appendix A.

X. Proposed Removal of Requirements from Sec. 63.1208(b)(8)(i) and
(ii) in the NESHAP Standards to Demonstrate Feedstream Analytes are not
Present at Certain Levels

EPA promulgated the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Hazardous Waste Combustors on September 30,
1999 pursuant to section 112 of the Clean Air Act. Sections
63.1208(b)(8)(i) and (ii) require sources, for each feedstream, to
demonstrate that: (1) Each analyte is not present above the reported
level at the 80% upper confidence limit around the mean; and (2) the
analysis could have detected the presence of the constituent at or
below the reported level at the 80% upper confidence limit around the
mean.
Several stakeholders raised concerns about implementing this
requirement. For example, stakeholders questioned the ability to
calculate a confidence level around the mean for data distributions
that are not ``normal.'' Stakeholders also raised the concern that
applying a confidence level criteria to each individual feedstream
unnecessarily results in a combined feedstream confidence level that is
much higher than 80%. While the original intent of these provisions was
to place a greater emphasis on performance rather than protocol, the
provisions as written are not clear. For example, the term ``reported
level'' is not defined and is not used elsewhere in the regulations.
This makes interpretation and application of these provisions
difficult.
Upon re-evaluating this provision, we believe that it is
inappropriate to require explicit feedstream analytical DQO
requirements for hazardous waste combustors in the regulations. The
various questions raised by stakeholders suggest that issues relating
to feedstream analytical DQOs need to be addressed on a case-by-case
basis. We therefore propose to delete Sec. 63.1208(b)(8)(i) and (ii).
We will retain the preceding regulatory language that states ``It is
your responsibility to ensure that the sampling and analysis procedures
are unbiased, precise, and that the results are representative of the
feedstream.'' In addition to the above regulatory language, we note
that Sec. 63.1209(c) also addresses general feedstream analysis
requirements. In particular, Sec. 63.1209(c)(1) states that a source
must, prior to feeding the material, ``obtain an analysis of each
feedstream that is sufficient to document compliance with the
applicable feedrate limits.'' We believe that sources should develop
feedstream analytical DQOs consistent with the general principal of
ensuring compliance with their applicable feedstream limits.
We anticipate that hazardous waste combustion sources will
establish feedstream analytical DQOs that reflect the site-specific
needs at their particular facility, and include these DQOs in their
Title V permit (when required by the permitting official) and also in
their feedstream analysis plan that is required pursuant to Sec.
63.1209(c). This feedstream analysis plan must be kept on site in the
operating record, and is subject to review and approval by the
authorized regulatory Agency upon request.

XI. Announcing the Availability of the RCRA Waste Sampling Draft
Technical Guidance

A. Why Is the Agency Releasing this Guidance?

As part of the Agency's efforts towards Innovating for Better
Environmental Results, we have worked to revise the existing waste
sampling guidance in Chapter Nine of SW-846. Many advances in waste
sampling strategies have occurred since the existing waste sampling
guidance Chapter Nine was initially published in 1986.
The Agency believes that a critical element in a program design is
a well-thought out systematic waste sampling or characterization plan
for evaluating hazardous wastes. This should include consideration of
approaches to address issues regarding evaluating physical and

[[Page 66269]]

chemical properties of solid waste. We believe it is our obligation to
provide current guidance and better tools to address these
environmental monitoring issues in accordance with performance based
measurement principles.
Several EPA offices have worked closely together to develop this
guidance (the Office of Solid Waste, EPA Regions, the Office of
Research and Development, and the Office of Enforcement and Compliance
Assurance.) In addition, in order to achieve expert external peer
review, we have sought and received considerable input from public
stakeholders knowledgeable about sampling issues and techniques.

B. What Is Included in the Draft Guidance?

The draft technical guidance contains information on how to develop
a sampling plan to determine if (1) a solid waste exhibits any of the
characteristics of a hazardous waste, (2) a hazardous waste is
prohibited from land disposal regulations, and (3) a numeric treatment
standard has been met. The guidance can also be used as a tool for
implementing and assessing your program. In addition, the guidance is
an excellent resource of information on other guidance documents that
may help the user meet other sampling objectives such as site
characterization under the RCRA corrective action programs.
Finally, the guidance includes a glossary of terms, information on
fundamental statistical concepts and optimizing the design for
obtaining the data, examples of how to control variability and bias in
sampling, guidance on selecting equipment and conducting sampling
analysis, and information on how to assess data.
In addition, we believe the guidance is a good working tool for
planning and implementing your sampling program, and assessing sampling
information. The guidance includes statistical concepts which can
promote the development of scientifically sound and effective data. It
is our intention to provide these statistical concepts in a user-
friendly manner.

C. Will This Guidance Replace the Existing Chapter Nine of SW-846?

This document will update and replace the original sampling
guidance version of Chapter Nine found in EPA publication SW-846 when
the Fourth Edition of SW-846 is published. It is our intention to make
the guidance available as a stand-alone document titled, ``RCRA Waste
Sampling Draft Technical Guidance.''
After receipt of your comments, EPA will evaluate them and then
revise the guidance as appropriate. The document when finalized will
replace the existing sampling guidance of Chapter Nine, and SW-846 will
reference the separate, stand-alone sampling guidance document.

D. Can the Draft Technical Guidance Be Used Now?

By releasing the guidance, EPA immediately makes available a wealth
of new statistical concepts, examples, and approaches to waste sampling
and characterizations. The Agency believes the regulated community and
others will use the guidance when it is appropriate and beneficial to
do so. The guidance has undergone extensive technical and peer review
from EPA's Office of Research and Development (ORD), the American
Society of Testing and Material (ASTM), and Academia, and is considered
a useable tool. The guidance is not required, and does not replace any
regulation or impose any regulatory requirement. Through this
announcement, we are making it available to assist the public in
addressing issues regarding waste sampling and characterization. Users
of the guidance will still be obligated to follow regulations which
govern any particular program.
Furthermore, the Agency believes the public will be pleased with
the information contained in this document and will choose to use it
immediately when appropriate to do so, because of the quality of
information provided. The guidance promotes flexibility and cost
effectiveness in achieving improved technologies in sampling design.
Finally, the release of the guidance has been requested by the public
for some time.
Therefore, we believe that this guidance will become an important
part of the RCRA program, and will be helpful to users in sampling and
characterizing waste streams. We are making the draft technical
guidance available to the public on the Web and in the RCRA docket.
Please see the instructions in section I.A of the proposed rule for
obtaining information on the draft technical guidance via the EPA
Internet website or the RCRA docket.

E. When Will the Guidance Be Finalized?

The guidance may be finalized through one of two courses of action.
The Agency may place this guidance on a separate track of its own and
finalize it soon after careful consideration of all comments received
under this notice of availability. On the other hand, the Agency may
announce the availability of the Final Technical Guidance as part of
the Final Methods Innovation Rule (MIR) package. Depending on the
extent of comments received, the process may take approximately fifteen
months.

F. Request for Comment

The Agency developed the ``RCRA Waste Sampling Draft Technical
Guidance'' for use by members of both the regulated community and
regulating authorities. By making it available for public comment, we
hope to encourage involvement in its development by all stakeholders.
All portions of the document are open to comment. Your comments will
help us improve the guidance and ensure that it is most beneficial to
users. Follow the directions for submitting public comments given in
section I.B of this proposed rule and notice of availability.

XII. State Authorization Procedures

A. Applicability of Federal Rules in Authorized States

Under section 3006 of RCRA, EPA may authorize qualified states to
administer the RCRA hazardous waste program within the state. Following
authorization, the state requirements authorized by EPA apply in lieu
of equivalent Federal requirements and become Federally enforceable as
requirements of RCRA. EPA maintains independent authority to bring
enforcement actions under RCRA sections 3007, 3008, 3013, and 7003.
Authorized states also have independent authority to bring enforcement
actions under state law. A state may receive authorization by following
the approval process described in 40 CFR part 271. 40 CFR part 271 also
describes the overall standards and requirements for authorization.
After a state receives initial authorization, new Federal
regulatory requirements promulgated under the authority in the RCRA
statute which existed prior to the 1984 Hazardous and Solid Waste
Amendments (HSWA) do not apply in that state until the state adopts and
receives authorization for equivalent state requirements. The state
must adopt such requirements to maintain authorization.
In contrast, under RCRA section 3006(g) (i.e., 42 U.S.C. 6926(g)),
new Federal requirements and prohibitions imposed pursuant to HSWA
provisions take effect in authorized states at the same time that they
take effect in unauthorized states. Although authorized states are
still required to

[[Page 66270]]

update their hazardous waste programs to remain equivalent to the
Federal program, EPA carries out HSWA requirements and prohibitions in
authorized states, including the issuance of new permits implementing
those requirements, until EPA authorizes the state to do so.
Finally, authorized states are required to modify their programs
only when EPA promulgates Federal requirements that are more stringent
or broader in scope than existing Federal requirements. RCRA section
3009 allows the states to impose standards more stringent than those in
the Federal program. See also Sec. 271.1(i). Therefore, authorized
states are not required to adopt Federal regulations, both HSWA and
non-HSWA, that are considered less stringent.

B. Authorization of States for Today's Proposal

Today's proposal affects many aspects of the RCRA Program and would
be promulgated pursuant to both HSWA and non-HSWA statutory authority.
Therefore, when promulgated, the Agency will add the rule to Table 1 in
Sec. 271.1(j), which identifies Federal regulations that are
promulgated pursuant to the statutory authority that was added by HSWA.
States may apply for final authorization for the HSWA provisions, as
discussed in the following section of this preamble.
Today's proposed rule language provides standards that are
equivalent to or less stringent than the existing provisions in the
Federal regulations which they would amend. Therefore, States would not
be required to adopt and seek authorization for this rulemaking. EPA
would implement this rulemaking only in those states which are not
authorized for the RCRA Program, and will implement provisions
promulgated pursuant to HSWA only in those states which have not
received authorization for the HSWA provision that would be amended. In
authorized States, the changes will not be applicable until and unless
the State revises its program to adopt the revisions. (Note: Procedures
and deadlines for State program revisions are set forth in Sec.
271.21.)
This rule will provide significant benefits to EPA, states, and the
regulated community, without compromising human health or environmental
protection. Because this rulemaking would not become effective in
authorized states until they adopted and are authorized for it, EPA
will strongly encourage states to amend their programs and seek
authorization for today's proposal, once it becomes final.

C. Abbreviated Authorization Procedures

EPA considers today's proposal to be a minor rulemaking and is
proposing to add it to the list of minor or routine rulemakings in
Table 1 to Sec. 271.21. Placement in this table would enable states to
use the abbreviated procedures located in Sec. 271.21(h) when they
seek authorization for today's proposed changes after they are
promulgated. These abbreviated procedures were established in the HWIR-
media rulemaking (see 63 FR 65927, November 30, 1998). EPA requests
comment on this placement in Table 1 to Sec. 271.21.

XIII. Administrative Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether a proposed regulatory action is ``significant,'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The order defines a
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more,
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
OMB determined that this proposed rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review and the requirements of the
Executive Order.

B. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA or the
Act), Pub. L. 104-4, establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
tribal governments and the private sector. Under section 202 of UMRA,
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed rules and final rules with Federal
mandates that may result in estimated costs to State, local, and tribal
governments in the aggregate, or to the private sector, of $100 million
or more in any one year. When such a statement is needed, section 205
of the Act generally requires EPA to identify and consider a reasonable
number of regulatory alternatives. Under section 205, EPA must adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule, unless the Administrator
explains in the final rule why that alternative was not adopted. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Before EPA establishes regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must develop under section 203 of the Act a small
government agency plan. The plan must provide for notifying potentially
affected small governments, giving them meaningful and timely input in
the development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising them
on compliance with the regulatory requirements.
First, this proposed rule does not contain a Federal mandate. The
proposed rule imposes no enforceable duty on any State, local or tribal
governments. This proposed rule contains no regulatory requirements
that might significantly or uniquely affect small governments. This is
due to the fact that this rule does not add any new regulatory
requirements and States need not adopt its revisions. This rule only
revises certain regulatory sections to remove required uses of SW-846
methods and allow the use of other appropriate methods or to clarify
allowed flexibility in method selection for meeting RCRA-related
monitoring requirements. Under RCRA, regardless of the method used--the
one specified in the regulation or the ``other appropriate method''--
regulated entities should be demonstrating that the method is
appropriate for its intended use. This rule also does not propose new
monitoring or information collection requirements. The additional
flexibility allowed by this rule should result in improved data quality
at reduced cost. Thus, today's proposed rule is not subject to the
requirements of sections 202, 203 and 205 of UMRA.

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

The RFA generally requires an agency to prepare a regulatory
flexibility

[[Page 66271]]

analysis of any rule subject to notice and comment rulemaking
requirements under the Administrative Procedure Act or any other
statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business that is
independently owned and operated and not dominant in its field as
defined by Small Business Administration (SBA) regulations under
Section 3 of the Small Business Act for SIC; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities.'' 5 U.S.C. 603
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule.
Today's proposed rule, if finalized, is specifically intended to reduce
economic burden for all entities. The proposed action will provide
greater flexibility and utility to all effected entities, including
small entities, by providing an increase in choices of appropriate
analytical methods for RCRA applications. It does not create any new
regulatory requirements or require any new reports beyond those now
required by the revised regulations. In addition, its revisions need
not be adopted by regulated entities. Such entities can continue to use
the methods specified in the regulations instead of choosing the option
to use appropriate methods from other reliable sources. We have
therefore concluded that today's proposed rule will relieve regulatory
burden for small entities. We continue to be interested in the
potential impacts of the proposed rule on small entities and welcome
comments on issues related to such impacts.

D. Environmental Justice (Executive Order 12898)

Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations,'' February
11, 1994, requires that regulatory actions be accompanied by an
environmental justice analysis. This analysis must look at potentially
disproportionate impacts the action may have on minority and/or low-
income communities.
The Agency has determined that the proposed action does not raise
environmental justice concerns. The impact of this proposed rule, if
finalized, will be to provide increased flexibility in the choice of
appropriate analytical methods for RCRA applications. The Agency is not
aware of any disproportionate impacts that such flexibility may have on
minority and/or low-income communities.

E. Protection of Children from Environmental Health Risks and Safety
Risks (Executive Order 13045)

Executive Order 13045, ``Protection of Children From Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rule is not subject to the Executive Order because it
is not economically significant as defined in Executive Order 12866.
Also, EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks. The
action discussed in today's proposed rule is intended to provide
regulatory relief, and thus is not strictly subject to Executive Order
13045.

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

Executive Order 13175 (59 FR 22951) entitled, ``Consultation and
Coordination with Indian Tribal Governments'' requires EPA to develop
an accountable process to ensure ``meaningful and timely input by
tribal officials in the development of regulatory policies that have
tribal implications. ``Policies that have tribal implications'' are
defined in the Executive Order to include regulations that have
``substantial direct effects on one or more Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes.''
Today's proposed rule does not have tribal implications. It will
not have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
For many of the same reasons described above under unfunded mandates,
the requirements of the Executive Order do not apply to this proposed
rulemaking. As stated above, this rule does not propose any new
regulatory requirements and governments need not adopt it. It does not
impose any direct compliance costs on tribal governments. In the spirit
of Executive Order 13175, and consistent with EPA policy to promote
communications between EPA and tribal governments, EPA specifically
solicits additional comment on this proposed rule from tribal
officials.

G. Federalism (Executive Order 13132)

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national

[[Page 66272]]

government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. As explained above, today's proposed rule
does not impose new requirements on the States and its regulatory
changes need not be adopted by the States. Thus, Executive Order 13132
does not apply to this rule. Because these changes are equivalent to or
less stringent than the existing Federal program, states would not be
required to adopt and seek authorization for them.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.

H. National Technology Transfer And Advancement Act of 1995

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Pub. L. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs us
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This proposed rule increases flexibility in the use of methods for
RCRA-related analyses and does not itself identify or require the use
of new methods or other technical standards. In fact, this rule, if
finalized, may increase the use of available voluntary consensus
standards for some RCRA applications, provided that such methods are
appropriate for the regulatory application. The only technical
standards included in this rule include the proposed replacement of
obsolete references to voluntary consensus standards, in this case ASTM
Methods D 3278-78 and D 93-79 or D 93-80 for flash point
determinations, with references to the most recent versions of those
methods, ASTM Methods D 3278-96 and D 93-99c, in the SW-846 methods
(Methods 1010 and 1020). The recent versions of the methods are not
significantly different from the older versions. EPA welcomes comments
on this aspect of the proposed rulemaking.

I. Energy Effects (Executive Order 13211)

This proposed rule is not a ``significant energy action'' as
defined in Executive Order 13211, ``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this proposed rule is not likely to have any
adverse energy effects.

J. Paperwork Reduction Act

This action does not impose any new information collection burden.
There are no additional reporting, notification, or recordkeeping
provisions associated with today's proposed rule. However, the Office
of Management and Budget (OMB) has previously approved the information
collection requirements contained in some of the existing regulations
being revised by this proposed rule, under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB
control numbers for those information collection requirements, as
follows:

--40 CFR 258.28: OMB control number 2050-0122
--40 CFR 260.21 and 260.22: OMB control number 2050-0053
--40 CFR 261.3: OMB control number 2050-0085
--40 CFR 261.35: OMB control number 2050-0115
--40 CRF 264.1034, 264.1063, 265.1034, and 265.1063: OMB control
number 2050-0050
--40 CFR 266.100, 266.102, 266.106, 266.112, Appendix IX to part 63,
and 270.22: OMB control number 2050-0073
--40 CFR 270.19: OMB control number 2050-0009
--40 CFR 270.62: OMB control numbers 2050-0009 and 2050-0149
--40 CFR 270.66: OMB control numbers 2050-0073 and 2050-0149
--40 CFR 279.10, 279.44, 279.53 and 279.63: OMB control number 2050-
0124

Copies of the ICR document(s) may be obtained from Sandy Farmer, by
mail at the Office of Environmental Information, Collection Strategies
Division; U.S. Environmental Protection Agency (2822); 1200
Pennsylvania Ave., NW., Washington, DC 20460, by e-mail at
farmer.sandy@epa.gov, or by calling (202) 260-2740. A copy may also be
downloaded off the Internet at http://www.epa.gov/icr. Include the ICR
and/or OMB number in any correspondence.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.

List of Subjects

40 CFR Part 63

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

40 CFR Part 258

Environmental protection, Reporting and recordkeeping requirements,
Waste treatment and disposal, Water pollution control.

40 CFR Part 260

Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Incorporation by
reference, Reporting and recordkeeping requirements.

40 CFR Part 261

Environmental protection, Comparable fuels, syngas fuels, Excluded
hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 264

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

40 CFR Part 265

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

[[Page 66273]]

40 CFR Part 266

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

40 CFR Part 270

Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Reporting and recordkeeping requirements, Water
pollution control, Water supply.

40 CFR Part 271

Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.

40 CFR Part 279

Environmental protection, Petroleum, Recycling, Reporting and
recordkeeping requirements.

Dated: October 9, 2002.
Christine Todd Whitman,
Administrator, U.S. Environmental Protection Agency.
For the reasons set out in the preamble, title 40, Chapter I, of
the Code of Federal Regulations EPA proposes to amend as set forth
below:

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

1. The authority citation for part 63 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart EEE--National Emission Standards for Hazardous Air
Pollutants From Hazardous Waste Combustors

2. Section 63.1208 is amended by revising paragraph (b)(8) to read
as follows:

Sec. 63.1208 What are the test methods?

* * * * *
(b) * * *
(8) Feedstream analytical methods. You may use any reliable
analytical method to determine feedstream concentrations of metals,
chlorine, and other constituents. It is your responsibility to ensure
that the sampling and analysis procedures are unbiased, precise, and
that the results are representative of the feedstream.
* * * * *

PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS

3. The authority citation for part 258 continues to read as
follows:

Authority: 33 U.S.C. 1345(d) and (e); 42 U.S.C 6902(a), 6907,
6912(a), 6944, 6945(c), and 6949a(c).

Subpart C--Operating Criteria

4. Section 258.28 is amended by revising paragraph (c)(1) to read
as follows:

Sec. 258.28 Liquids restrictions.

* * * * *
(c) * * *
(1) Liquid waste means any waste material that is determined to
contain ``free liquids'' as defined by Method 9095 (Paint Filter
Liquids Test), included in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods'' (EPA Publication SW-846), incorporated by
reference in Sec. 260.11.
* * * * *
5. Appendix I to part 258 is amended by revising footnote 1 to read
as follows:

Appendix I to Part 258--Constituents for Detection Monitoring \1\

* * * * *
\1\ This list contains 47 volatile organics for which
potentially applicable analytical procedures provided in ``Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods'' (EPA
Publication SW-846) include Method 8260; and 15 metals for which SW-
846 provides Methods 6010, and 6020, or the 7000 series of methods.
* * * * *
6. Appendix II to part 258 is revised as follows:

Appendix II to Part 258--List of Hazardous Inorganic and Organic
Constituents

------------------------------------------------------------------------
Chemical abstracts
Common name \1\ CAS RN \2\ service index name
\3\
------------------------------------------------------------------------
Acenaphthene................. 83-32-9............ Acenaphthylene, 1,2-
dihydro-
Acenaphthylene............... 208-96-8........... Acenaphthylene
Acetone...................... 67-64-1............ 2-Propanone
Acetonitrile; Methyl cyanide. 75-05-8............ Acetonitrile
Acetophenone................. 98-86-2............ Ethanone, 1-phenyl-
2-Acetylaminofluorene; 2-AAF. 53-96-3............ Acetamide, N-9H-
fluoren-2-yl-
Acrolein..................... 107-02-8........... 2-Propenal
Acrylonitrile................ 107-13-1........... 2-Propenenitrile
Aldrin....................... 309-00-2........... 1,4:5,8-
Dimethanonaphthalen
e, 1,2,3,4,10,10-
hexachloro-
1,4,4a,5,8,8a-
hexahydro-
(1,4,4a,5,8,8a)-
Allyl chloride............... 107-05-1........... 1-Propene, 3-chloro-
4-Aminobiphenyl.............. 92-67-1............ [1,1'-Biphenyl]- 4-
amine
Anthracene................... 120-12-7........... Anthracene
Antimony..................... (Total)............ Antimony
Arsenic...................... (Total)............ Arsenic
Barium....................... (Total)............ Barium
Benzene...................... 71-43-2............ Benzene
Benzo[a]anthracene; 56-55-3............ Benz[a]anthracene
Benzanthracene.
Benzo[b]fluoranthene......... 205-99-2........... Benz[e]acephenanthry
lene
Benzo[k]fluoranthene......... 207-08-9........... Benzo[k]fluoranthene
Benzo[ghi]perylene........... 191-24-2........... Benzo[ghi]perylene
Benzo[a]pyrene............... 50-32-8............ Benzo[a]pyrene
Benzyl alcohol............... 100-51-6........... Benzenemethanol
Beryllium.................... (Total)............ Beryllium
alpha-BHC.................... 319-84-6........... Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[beta],4[alpha],5
[beta],6[beta])-
beta-BHC..................... 319-85-7........... Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[beta],
3[alpha],4[beta],5[
alpha],6[beta])-
delta-BHC.................... 319-86-8........... Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[alpha],4[beta],5
[alpha],6[beta])-
gamma-BHC; Lindane........... 58-89-9............ Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[beta],4[alpha],5
[alpha],6[beta])-

[[Page 66274]]

Bis(2-chloroethoxy)methane... 111-91-1........... Ethane, 1,1'-
[methylenebis
(oxy)]bis [2-chloro-

Bis(2-chloroethyl)ether; 111-44-4........... Ethane, 1,1'-
Dichloroethyl ether. oxybis[2-chloro-
Bis(2-chloro-1-methylethyl) 108-60-1........... Propane, 2,2'-
ether; 2,2'- oxybis[1-chloro-
Dichlorodiisopropyl ether;
DCIP, See note 4.
Bis(2-ethylhexyl) phthalate.. 117-81-7........... 1,2-
Benzenedicarboxylic
acid, bis(2-
ethylhexyl)ester
Bromochloromethane; 74-97-5............ Methane, bromochloro-
Chlorobromethane.
Bromodichloromethane; 75-27-4............ Methane,
Dibromochlormethane. bromodichloro-
Bromoform; Tribromomethane... 75-25-2............ Methane, tribromo-
4-Bromophenyl phenyl ether... 101-55-3........... Benzene, 1-bromo-4-
phenoxy-
Butyl benzyl phthalate; 85-68-7............ 1,2-
Benzyl butyl phthalate. Benzenedicarboxylic
acid, butyl
phenylmethyl ester
Cadmium...................... (Total)............ Cadmium
Carbon disulfide............. 75-15-0............ Carbon disulfide
Carbon tetrachloride......... 56-23-5............ Methane, tetrachloro-

Chlordane.................... 57-74-9............ 4,7-Methano-1H-
indene,
1,2,4,5,6,7,8,8-
octachloro-
2,3,3a,4,7,7a-
hexahydro-
p-Chloroaniline.............. 106-47-8........... Benzenamine, 4-
chloro-
Chlorobenzene................ 108-90-7........... Benzene, chloro-
Chlorobenzilate.............. 510-15-6........... Benzeneacetic acid,
4-chloro- -(4-
chlorophenyl)- -
hydroxy-, ethyl
ester.
p-Chloro-m-cresol; 4-Chloro-3- 59-50-7............ Phenol, 4-chloro-3-
methylphenol. methyl-
Chloroethane; Ethyl chloride. 75-00-3............ Ethane, chloro-
Chloroform; Trichloromethane. 67-66-3............ Methane, trichloro-
2-Chloronaphthalene.......... 91-58-7............ Naphthalene, 2-
chloro-
2-Chlorophenol............... 95-57-8............ Phenol, 2-chloro-
4-Chlorophenyl phenyl ether.. 7005-72-3.......... Benzene, 1-chloro-4-
phenoxy-
Chloroprene.................. 126-99-8........... 1,3-Butadiene, 2-
chloro-
Chromium..................... (Total)............ Chromium
Chrysene..................... 218-01-9........... Chrysene
Cobalt....................... (Total)............ Cobalt
Copper....................... (Total)............ Copper
m-Cresol; 3-Methylphenol..... 108-39-4........... Phenol, 3-methyl-
o-Cresol; 2-Methylphenol..... 95-48-7............ Phenol, 2-methyl-
p-Cresol; 4-Methylphenol..... 106-44-5........... Phenol, 4-methyl-
Cyanide...................... 57-12-5............ Cyanide
2,4-D; 2,4- 94-75-7............ Acetic acid, (2,4-
Dichlorophenoxyacetic acid. dichlorophenoxy)-
4,4'-DDD..................... 72-54-8............ Benzene 1,1'-(2,2-
dichloroethylidene)
bis[4-chloro-
4,4'-DDE..................... 72-55-9............ Benzene, 1,1'-
(dichloroethenylide
ne) bis[4- chloro-
4,4'-DDT..................... 50-29-3............ Benzene, 1,1'-(2,2,2-
trichloroethyliden
e) bis[4-chloro-
Diallate..................... 2303-16-4.......... Carbamothioic acid,
bis(1- methylethyl)-
, S- (2,3-dichloro-
2-propenyl) ester.
Dibenz[a,h]anthracene........ 53-70-3............ Dibenz[a,h]anthracen
e
Dibenzofuran................. 132-64-9........... Dibenzofuran
Dibromochloromethane;Chlorodi 124-48-1........... Methane,
bromomethane. dibromochloro-
1,2-Dibromo-3-chloropropane;. 96-12-8............ Propane, DBCP 1,2-
dibromo-3-chloro-
1,2-Dibromoethane; Ethylene 106-93-4........... Ethane, 1,2-dibromo-
dibromide; EDB.
Di-n-butyl phthalate......... 84-74-2............ 1,2-
Benzenedicarboxylic
acid, dibutyl ester
o-Dichlorobenzene; 1,2- 95-50-1............ Benzene, 1,2-
Dichlorobenzene. dichloro-
m-Dichlorobenzene; 1,3- 541-73-1........... Benzene, 1,3-
Dichlorobenzene. dichloro-
p-Dichlorobenzene; 1,4- 106-46-7........... Benzene, 1,4-
Dichlorobenzene. dichloro-
3,3'-Dichlorobenzidine....... 91-94-1............ [1,1'-Biphenyl]-4,4'-
diamine, 3,3'-
dichloro-
trans-1,4-Dichloro-2-butene.. 110-57-6........... 2-Butene, 1,4-
dichloro-, (E)-
Dichlorodifluoromethane; CFC 75-71-8............ Methane,
12. dichlorodifluoro-
1,1-Dichloroethane; 75-34-3............ Ethane, 1,1-dichloro-
Ethyldidene chloride.
1,2-Dichloroethane; Ethylene 107-06-2........... Ethane, 1,2-dichloro-
dichloride.
1,1-Dichloroethylene; 1,1- 75-35-4............ Ethene, 1,1-dichloro-
Dichloroethene; Vinylidene
chloride.
cis-1,2-Dichloroethylene; cis- 156-59-2........... Ethene, 1,2-dichloro-
1,2-Dichloroethene. (Z)-
trans-1,2-Dichloroethylene; 156-60-5........... Ethene, 1,2-dichloro-
trans-1,2-Dichloroethene. , (E)-
2,4-Dichlorophenol........... 120-83-2........... Phenol, 2,4-dichloro-

2,6-Dichlorophenol........... 87-65-0............ Phenol, 2,6-dichloro-

1,2-Dichloropropane.......... 78-87-5............ Propane, 1,2-
dichloro-
1,3-Dichloropropane; 142-28-9........... Propane, 1,3-
Trimethylene dichloride. dichloro-
2,2-Dichloropropane; 594-20-7........... Propane, 2,2-
Isopropylidene chloride. dichloro-
1,1-Dichloropropene.......... 563-58-6........... 1-Propene, 1,1-
dichloro-
cis-1,3-Dichloropropene...... 10061-01-5......... 1-Propene, 1,3-
dichloro-, (Z)-
trans-1,3-Dichloropropene.... 10061-02-6......... 1-Propene, 1,3-
dichloro-, (E)-
Dieldrin..................... 60-57-1............ 2,7:3,6-
Dimethanonaphth
[2,3-b]oxirene,
3,4,5,6,9,9-
hexachloro-
1a,2,2a,3,6,6a,7,7a-
octahydro-,
(1a[agr]2[beta],
2a[agr], 3[beta],
6[beta], 6a[agr],
7[beta],7a[agr])-
Diethyl phthalate............ 84-66-2............ 1,2-
Benzenedicarboxylic
acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl 297-97-2........... Phosphorothioic
phosphorothioate; Thionazin. acid, O,O- diethyl
O-pyrazinyl ester.
Dimethoate................... 60-51-5............ Phosphorodithioic
acid, O,O-dimethyl
S-[2-(methylamino)-
2-oxoethyl]
ester
p-(Dimethylamino)azobenzene.. 60-11-7............ Benzenamine, N,N-
dimethyl-4-
(phenylazo)-
7,12- 57-97-6............ Benz[a]anthracene,
Dimethylbenz[a]anthracene. 7,12- dimethyl-

[[Page 66275]]

3,3'-Dimethylbenzidine....... 119-93-7........... [1,1'-Biphenyl]-4,4'-
diamine, 3,3'-
dimethyl-
alpha, alpha- 122-09-8........... Benzeneethanamine,[a
Dimethylphenethylamine. gr], [agr]-dimethyl-

2,4-Dimethylphenol; m-Xylenol 105-67-9........... Phenol, 2,4-dimethyl-

Dimethyl phthalate........... 131-11-3........... 1,2-
Benzenedicarboxylic
acid, dimethyl
ester
m-Dinitrobenzene............. 99-65-0............ Benzene, 1,3-dinitro-

4,6-Dinitro-o- 534-52-1........... Phenol, 2-methyl-4,6-
cresol; 4,6- dinitro-
Dinitro-2-
methylphenol.
2,4-Dinitrophenol............ 51-28-5............ Phenol, 2,4-dinitro-
2,4-Dinitrotoluene........... 121-14-2........... Benzene, 1-methyl-
2,4-dinitro-
2,6-Dinitrotoluene........... 606-20-2........... Benzene, 2-methyl-
1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl- 88-85-7............ Phenol, 2-(1-
4,6-dinitrophenol. methylpropyl)-4,6-
dinitro-
Di-n-octyl phthalate......... 117-84-0........... 1,2-
Benzenedicarboxylic
acid, dioctyl ester
Diphenylamine................ 122-39-4........... Benzenamine, N-
phenyl-
Disulfoton................... 298-04-4........... Phosphorodithioic
acid, O,O- diethyl
S-[2-
(ethylthio)ethyl]
ester
Endosulfan I................. 959-98-8........... 6,9-Methano-2,4,3-
benzodiox-
athiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3-
oxide,
Endosulfan II................ 33213-65-9......... 6,9-Methano-2,4,3-
benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3-
oxide, (3[agr],
5a[agr], 6[beta],
9[beta], 9a[agr])-
Endosulfan sulfate........... 1031-07-8.......... 6,9-Methano-2,4,3-
benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3,3-
dioxide
Endrin....................... 72-20-8............ 2,7:3,6-
Dimethanonaphth[2,3-
b]oxirene,
3,4,5,6,9,9-
hexachloro-
1a,2,2a,3,6,6a,7,7a-
octahydro-,
(1a[agr], 2[beta],
2a[beta], 3[agr],
6[agr], 6a[beta],
7[beta], 7a[agr])-
Endrin aldehyde.............. 7421-93-4.......... 1,2,4-Methe nocyclo-
penta[cd]
pentalene-
5-
carboxaldehyde,2,2a
,3,3,4,7- hexa-
chlorodecahydro-
,(1[agr], 2[beta],
2a[beta],
4[beta],4a[beta],5[
beta],6a[beta],6b[b
eta],7R*)-
Ethylbenzene................. 100-41-4........... Benzene, ethyl-
Ethyl methacrylate........... 97-63-2............ 2-Propenoic acid, 2-
methyl-, ethyl
ester
Ethyl methanesulfonate....... 62-50-0............ Methanesulfonic
acid, ethyl ester
Famphur...................... 52-85-7............ Phosphorothioic
acid, O-[4-
[(dimethylamino)sul
fonyl]pheny l]-O,O-
dimethyl ester
Fluoranthene................. 206-44-0........... Fluoranthene
Fluorene..................... 86-73-7............ 9H-Fluorene
Heptachlor................... 76-44-8............ 4,7-Methano-1H-
indene,1,4,5,6,7,8,
8-heptachloro-
3a,4,7,7a-
tetrahydro-
Heptachlor epoxide........... 1024-57-3.......... 2,5-Methano-2H-
indeno[1,2-
b]oxirene,
2,3,4,5,6,7,7-
heptachloro-
1a,1b,5,5a,6,6a,-
hexahydro-
,(1a[agr],1b[beta],
2[agr],5[agr],5a[be
ta],6[beta],6a[agr]
)
Hexachlorobenzene............ 118-74-1........... Benzene, hexachloro-
Hexachlorobutadiene.......... 87-68-3............ 1,3-Butadiene,
1,1,2,3,4,4-
hexachloro-
Hexachlorocyclopentadiene.... 77-47-4............ 1,3-Cyclopentadiene,
1,2,3,4,5,5-
hexachloro-
Hexachloroethane............. 67-72-1............ Ethane, hexachloro-
Hexachloropropene............ 1888-71-7.......... 1-Propene,
1,1,2,3,3,3-
hexachloro-
2-Hexanone; Methyl butyl 591-78-6........... 2-Hexanone
ketone.
Indeno(1,2,3-cd)pyrene....... 193-39-5........... Indeno[1,2,3-
cd]pyrene
Isobutyl alcohol............. 78-83-1............ 1-Propanol, 2-methyl-

Isodrin...................... 465-73-6........... 1,4,5,8-
Dimethanonaphthalen
e,1,2,3,4,1 0,10-
hexachloro-
1,4,4a,5,8,8a
hexahydro-
(1[agr],4[agr],4a[b
eta],5[beta],8[beta
],8a[beta])-
Isophorone................... 78-59-1............ 2-Cyclohexen-1-one,
3,5,5- trimethyl-
Isosafrole................... 120-58-1........... 1,3-Benzodioxole, 5-
(1-propenyl)-
Kepone....................... 143-50-0........... 1,3,4-Metheno-2H-
cyclobuta-
[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,
5b,6-
decachlorooctahydro-

Lead......................... (Total)............ Lead
Mercury...................... (Total)............ Mercury
Methacrylonitrile............ 126-98-7........... 2-Propenenitrile, 2-
methyl-
Methapyrilene................ 91-80-5............ 1,2,Ethanediamine,
N,N-dimethyl-N'-2-
pyridinyl- N'-(2-
thienylmethyl)-
Methoxychlor................. 72-43-5............ Benzene, 1,1'-
(2,2,2,trichloroeth
ylidene)bis [4-
methoxy-
Methyl bromide; Bromomethane. 74-83-9............ Methane, bromo-
Methyl chloride; 74-87-3............ Methane, chloro-
Chloromethane.
3-Methylcholanthrene......... 56-49-5............ Benz[j]aceanthrylene
, 1,2- dihydro-3-
methyl-
Methyl ethyl ketone; MEK; 2- 78-93-3............ 2-Butanone
Butanone.
Methyl iodide; Iodomethane... 74-88-4............ Methane, iodo-
Methyl methacrylate.......... 80-62-6............ 2-Propenoic acid, 2-
methyl-, methyl
ester
Methyl methanesulfonate...... 66-27-3............ Methanesulfonic
acid, methyl ester
2-Methylnaphthalene.......... 91-57-6............ Naphthalene, 2-
methyl-
Methyl parathion; Parathion 298-00-0........... Phosphorothioic
methyl. acid, O,O-dimethyl
4-Methyl-2-pentanone; Methyl 108-10-1........... 2-Pentanone, 4-
isobutyl ketone. methyl-
Methylene bromide; 74-95-3............ Methane, dibromo-
Dibromomethane.
Methylene chloride; 75-09-2............ Methane, dichloro-
Dichloromethane.
Naphthalene.................. 91-20-3............ Naphthalene
1,4-Naphthoquinone........... 130-15-4........... 1,4-Naphthalenedione
1-Naphthylamine.............. 134-32-7........... 1-Naphthalenamine

[[Page 66276]]

2-Naphthylamine.............. 91-59-8............ 2-Naphthalenamine
Nickel....................... (Total)............ Nickel
o-Nitroaniline; 2- 88-74-4............ Benzenamine, 2-nitro-
Nitroaniline.
m-Nitroaniline; 3- 99-09-2............ Benzenamine, 3-nitro-
Nitroaniline.
p-Nitroaniline; 4- 100-01-6........... Benzenamine, 4-nitro-
Nitroaniline.
Nitrobenzene................. 98-95-3............ Benzene, nitro-
o-Nitrophenol; 2-Nitrophenol. 88-75-5............ Phenol, 2-nitro-
p-Nitrophenol; 4-Nitrophenol. 100-02-7........... Phenol, 4-nitro-
N-Nitrosodi-n-butylamine..... 924-16-3........... 1-Butanamine, N-
butyl-N-nitroso-
N-Nitrosodiethylamine........ 55-18-5............ Ethanamine, N-ethyl-
N-nitroso-
N-Nitrosodimethylamine....... 62-75-9............ Methanamine, N-
methyl-N-nitroso-
N-Nitrosodiphenylamine....... 86-30-6............ Benzenamine, N-
nitroso-N-phenyl-
N-Nitrosodipropylamine; N- 621-64-7........... 1-Propanamine, N-
Nitroso-N-dipropylamine; Di- nitroso-N-propyl-
n-propylnitrosamine.
N-Nitrosomethylethalamine.... 10595-95-6......... Ethanamine, N-methyl-
N-nitroso-
N-Nitrosopiperidine.......... 100-75-4........... Piperidine, 1-
nitroso-
N-Nitrosopyrrolidine......... 930-55-2........... Pyrrolidine, 1-
nitroso-
5-Nitro-o-toluidine.......... 99-55-8............ Benzenamine, 2-
methyl-5-nitro-
Parathion.................... 56-38-2............ Phosphorothioic
acid, O,O- diethyl-
O-(4-nitrophenyl)
ester
Pentachlorobenzene........... 608-93-5........... Benzene, pentachloro-

Pentachloronitrobenzene...... 82-68-8............ Benzene,
pentachloronitro-
Pentachlorophenol............ 87-86-5............ Phenol, pentachloro-
Phenacetin................... 62-44-2............ Acetamide, N-(4-
ethoxyphenyl)
Phenanthrene................. 85-01-8............ Phenanthrene
Phenol....................... 108-95-2........... Phenol
p-Phenylenediamine........... 106-50-3........... 1,4-Benzenediamine
Phorate...................... 298-02-2........... Phosphorodithioic
acid, O,O-diethyl S-
[(ethylthio)methyl]
ester
Polychlorinated biphenyls; See Note 6......... 1,1'-Biphenyl,
PCBs. chloro derivatives
Pronamide.................... 23950-58-5......... Benzamide, 3,5-
dichloro-N-(1,1-
dimethyl-2-
propynyl)-
Propionitrile; Ethyl cyanide. 107-12-0........... Propanenitrile
Pyrene....................... 129-00-0........... Pyrene
Safrole...................... 94-59-7............ 1,3-Benzodioxole, 15-
(2-propenyl)-
Selenium..................... (Total)............ Selenium
Silver....................... (Total)............ Silver
Silvex; 2,4,5-TP............. 93-72-1............ Propanoic acid, 12-
(2,4,5-
trichlorophenoxy)-
Styrene...................... 100-42-5........... Benzene, ethenyl-
Sulfide...................... 18496-25-8......... Sulfide
2,4,5-T; 2,4,5- 93-76-5............ Acetic acid, (2,4,5-
Trichlorophenoxyacetic acid. trichlorophenoxy)-
2,3,7,8-TCDD; 2,3,7,8- 1746-01-6.......... Dibenzo[b,e][1,4]dio
Tetrachlorodibenzo-p-dioxin. xin, 2,3,7,8-
tetrachloro-
1,2,4,5-Tetrachlorobenzene... 95-94-3............ Benzene, 1,2,4,5-
tetrachloro-
1,1,1,2-Tetrachloroethane.... 630-20-6........... Ethane, 1,1,1,2-
tetrachloro-
1,1,2,2-Tetrachloroethane.... 79-34-5............ Ethane, 1,1,2,2-
tetrachloro-
Tetrachloroethylene; 127-18-4........... Ethene, tetrachloro-
Tetrachloroethene;
Perchloroethylene.
2,3,4,6-Tetrachlorophenol.... 58-90-2............ Phenol, 2,3,4,6-
tetrachloro-
Thallium..................... (Total)............ Thallium
Tin.......................... (Total)............ Tin
Toluene...................... 108-88-3........... Benzene, methyl-
o-Toluidine.................. 95-53-4............ Benzenamine, 2-
methyl-
Toxaphene.................... See Note 7......... Toxaphene
1,2,4-Trichlorobenzene....... 120-82-1........... Benzene, 1,2,4-
trichloro-
1,1,1-Trichloroethane; 71-55-6............ Ethane, 1,1,1-
Methylchloroform. trichloro-
1,1,2-Trichloroethane........ 79-00-5............ Ethane, 1,1,2-
trichloro-
Trichloroethylene; 79-01-6............ Ethene, trichloro-
Trichloroethene.
Trichlorofluoromethane; CFC- 75-69-4............ Methane,
11. trichlorofluoro-
2,4,5-Trichlorophenol........ 95-95-4............ Phenol, 2,4,5-
trichloro-
2,4,6-Trichlorophenol........ 88-06-2............ Phenol, 2,4,6-
trichloro-
1,2,3-Trichloropropane....... 96-18-4............ Propane, 1,2,3-
trichloro-
O,O,O-Triethyl 126-68-1........... Phosphorothioic
phosphorothioate. acid, O,O,O-
triethyl ester
sym-Trinitrobenzene.......... 99-35-4............ Benzene, 1,3,5-
trinitro-
Vanadium..................... (Total)............ Vanadium
Vinyl acetate................ 108-05-4........... Acetic acid, ethenyl
ester
Vinyl chloride; Chloroethene. 75-01-4............ Ethene, chloro-
Xylene (total)............... See Note 8......... Benzene, dimethyl-
Zinc......................... (Total)............ Zinc
------------------------------------------------------------------------
\1\ Common names are those widely used in government regulations,
scientific publications, and commerce; synonyms exist for many
chemicals.
\2\ Chemical Abstracts Service registry number. Where ``Total'' is
entered, all species in the ground water that contain this element are
included.
\3\ CAS index names are those used in the 9th Cumulative Index.
\4\ This substance is often called Bis(2-chloroisopropyl) ether, the
name Chemical Abstracts Service applies to its noncommercial isomer,
Propane, 2,2''-oxybis[2-chloro-(CAS RN 39638-32-9).
\5\ Chlordane: This entry includes alpha-chlordane (CAS RN 5103-71-9),
beta-chlordane (CAS RN 5103-74-2), gamma-chlordane (CAS RN 5566-34-7),
and constituents of chlordane (CAS RN 57-74-9 and CAS RN 12789-03-6).
\6\ Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains
congener chemicals, including constituents of Aroclor-1016 (CAS RN
12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN
11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN
12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS
RN 11096-82-5).

[[Page 66277]]

\7\ Toxaphene: This entry includes congener chemicals contained in
technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene.
\8\ Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-
xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified
xylenes (dimethylbenzenes) (CAS RN 1330-20-7).

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

7. The authority citation for part 260 continues to read as
follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.

Subpart B--Definitions

8. Section 260.11 is amended by revising paragraphs (a)(1) and (2)
and (a)(11) to read as follows:

Sec. 260.11 References.

(a) * * *
(1) ``ASTM Standard Test Methods for Flash Point of Liquids by
Small Scale Closed-Cup Apparatus,'' ASTM Standard D 3278-96, available
from American Society for Testing and Materials, at 100 Barr Harbor
Drive, West Conshohocken, PA 19428, http://www.astm.org, or from Global
Engineering Documents, 15 Iverness Way East, Englewood, CO 80112, 1-
800-854-7179, http://global.ihs.com.
(2) ``ASTM Standard Test Methods for Flash-Point by Pensky-Martens
Closed Cup Tester,'' ASTM Standard D 93-99c, available from American
Society for Testing and Materials, at 100 Barr Harbor Drive, West
Conshohocken, PA 19428, http://www.astm.org, or from Global Engineering
Documents, 15 Iverness Way East, Englewood, CO 80112, 1-800-854-7179,
http://global.ihs.com.
* * * * *
(11) The following methods found in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, Third
Edition, as grouped and identified by date (found in bottom right
corner of method) and promulgated updated version: Methods 0010, 0020,
0030, and 1320, dated September 1986 and in the Basic Manual; Methods
1311 and 1330, dated July 1992 and in Update I; Method 1312 dated
September 1994 and in Update II; Methods 0011, 0023, 0031, 0040, 0050,
0051, 0060, 0061, 3542, and 5041, dated December 1996 and in Update
III; Method 9071 dated April 1998 and in Update IIIA; Methods 1010,
1020, 1110, 1310, 9010, 9012, 9040, 9045, 9060, 9070, and 9095, dated
[to be determined at publication of final rule]
and in Update IIIB. The
Third Edition of SW-846 and Updates I, II, IIA, IIB, III, and IIIB
(document number 955-001-00000-1) are available from the Superintendent
of Documents, U.S. Government Printing Office, Washington, DC 20402,
(202) 512-1800. Update IIIA is available through EPA's Methods
Information Communication Exchange (MICE) Service. MICE can be
contacted by phone at (703) 676-4690. Copies of the Third Edition of
SW-846 and its updates are also available from the National Technical
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA
22161, (703) 605-6000 or (800) 553-6847. The above methods are also
available on the Internet at http://www.epa.gov/SW-846/. Copies of the
methods incorporated by reference may be inspected at the Library, U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460; or at the Office of the Federal Register, 800 North Capitol
Street, NW, Suite 700, Washington, DC.
* * * * *

Subpart C--Rulemaking Petitions

9. Section 260.21 is amended by revising paragraph (d) to read as
follows:

Sec. 260.21 Petitions for equivalent testing or analytical methods.

* * * * *
(d) If the Administrator amends the regulations to permit use of a
new testing method, the method will be incorporated by reference in
Sec. 260.11 and added to ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, U.S. Environmental
Protection Agency, Office of Solid Waste, Washington, DC 20460.
10. Section 260.22 is amended by revising paragraph (d)(1)(i) to
read as follows:

Sec. 260.22 Petitions to amend part 261 to exclude a waste produced
at a particular facility.

* * * * *
(d) * * *
(1) * * *
(i) Does not contain the constituent or constituents (as defined in
Appendix VII of part 261 of this chapter) that caused the Administrator
to list the waste, by using appropriate methods such as those found in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, or other reliable sources; or
* * * * *

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

11. The authority citation for part 261 continues to read as
follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.

Subpart A--General

12. Section 261.3 is amended by revising paragraph (a)(2)(v)
introductory text to read as follows:

Sec. 261.3 Definition of hazardous waste.

(a) * * *
(2) * * *
(v) Rebuttable presumption for used oil. Used oil containing more
than 1000 ppm total halogens is presumed to be a hazardous waste
because it has been mixed with halogenated hazardous waste listed in
subpart D of part 261 of this chapter. Persons may rebut this
presumption by demonstrating that the used oil does not contain
hazardous waste (for example, by using appropriate methods such as
those found in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, or other reliable sources
to show that the used oil does not contain significant concentrations
of halogenated hazardous constituents listed in appendix VIII of part
261 of this chapter).
* * * * *

Subpart C--Characteristics of Hazardous Waste

13. Section 261.21 is amended by revising paragraph (a)(1) to read
as follows:

Sec. 261.21 Characteristic of ignitability.

(a) * * *
(1) It is a liquid, other than an aqueous solution containing less
than 24 percent alcohol by volume and has flash point less than 60
[deg]C (140 [deg]F), as determined by a Pensky-Martens Closed Cup
Tester, using the test method specified in ASTM Standard D 93-99c
(incorporated by reference, see Sec. 260.11) which is used and
referenced by Method 1010 of ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846 (incorporated by
reference, see Sec. 260.11), or a Small Scale Closed-Cup Apparatus,
using the test method specified in ASTM Standard D 3278-96
(incorporated by reference, see Sec. 260.11) which is used and
referenced by

[[Page 66278]]

Method 1020 of ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846 (incorporated by reference,
see Sec. 260.11).
* * * * *
14. Section 261.22 is amended by revising paragraph (a)(2)
introductory text to read as follows:

Sec. 261.22 Characteristic of corrosivity.

(a) * * *
(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater
than 6.35 mm (0.250 inch) per year at a test temperature of 55 [deg]C
(130 [deg]F) as determined by the test method specified in NACE
(National Association of Corrosion Engineers) Standard TM-01-69 as
standardized as Method 1110 in ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,'' EPA Publication SW-846, and as
incorporated by reference in Sec. 260.11 of this chapter.
* * * * *

Subpart D--Lists of Hazardous Wastes

15. Section 261.35 is amended by revising paragraphs (b)(2)(iii)(A)
and (B) to read as follows:

Sec. 261.35 Deletion of certain hazardous waste codes following
equipment cleaning and replacement.

* * * * *
(b) * * *
(2) * * *
(iii) * * *
(A) Rinses must be tested by using appropriate methods such as
Method 8290 of ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods'' (EPA Publication SW-846) or appropriate methods from
other reliable sources.
(B) ``Not detected'' means at or below the lower method calibration
limit (MCL) in SW-846 Method 8290, Table 1. Other appropriate methods
from other reliable sources may be used provided that these criteria
are met.
* * * * *
16. Section 261.38 is amended by revising paragraph (c)(7)
introductory text to read as follows:

Sec. 261.38 Comparable/Syngas Fuel Exclusion.

* * * * *
(c) * * *
(7) Waste analysis plans. The generator of a comparable/syngas fuel
shall develop and follow a written waste analysis plan which describes
the procedures for sampling and analysis of the hazardous waste to be
excluded. The waste analysis plan should be developed in accordance
with appropriate guidance such as found in the applicable sections of
the ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods'' (EPA Publication SW-846) or other reliable sources. The plan
shall be followed and retained at the facility excluding the waste.
* * * * *
17. Appendix III to part 261 is revised to read as follows:

Appendix III to Part 261--Chemical Analysis Test Methods

Note: Examples of appropriate analytical procedures to determine
whether a sample contains a given toxic constituent are provided in
Chapter Two, ``Choosing the Correct Procedure,'' found in ``Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846. Prior to final sampling and analysis method
selection, the individual should consult the specific section or
method described in SW-846, if used, for additional guidance on
which methods should be employed for a specific sample analysis
situation.

16. Appendix IX to part 261 is amended in Table 1:
a. In the entry for ``Aptus, Inc, Coffeyville, Kansas,'' under the
``Waste description'' column, by revising paragraphs (2), (3), and (4);
b. In the entry for ``Arkansas Department of Pollution Control and
Ecology, Vertac Superfund site, Jacksonville, Arkansas,'' under the
``Waste description'' column, by revising the introductory text of
paragraph (1) and by revising paragraph (3)(C);
c. In the entry for ``Bethlehem Steel Corporation, Sparrows Point,
Maryland,'' under the ``Waste description'' column, by revising the
introductory text of paragraph (1);
d. In the entry for ``BMW Manufacturing Corporation, Greer, South
Carolina,'' under the ``Waste description'' column, by revising the
introductory text of paragraph (2);
e. In the entry for ``DuraTherm, Incorporated, San Leon, Texas,''
under the ``Waste description'' column, by revising the introductory
text of paragraph (3);
f. In the entry for ``Eastman Chemical Company, Longview, Texas,''
under the ``Waste description'' column, by revising the introductory
text of paragraph (3);
g. In the entry for ``Envirite of Pennsylvania (formerly Envirite
Corporation), York, Pennsylvania, under the ``Waste description''
column, by revising paragraph (2);
h. In the entry for ``Geological Reclamation Operations and Waste
Systems, Inc., Morrisville, PA,'' under the ``Waste description''
column by revising the introductory text of paragraph (1);
i. In the entry for ``McDonnel Douglas Corporation, Tulsa,
Oklahoma,'' under the ``Waste description'' column by revising
paragraph (3);
j. In the entry for ``Occidental Chemical, Ingleside, Texas,''
under the ``Waste description'' column, by revising the introductory
text of paragraph (3);
k. In the entry for ``Rhodia, Houston, Texas,'' under the ``Waste
description'' column, by revising the introductory text of paragraph
(3);
l. In the entry for ``Syntex Agribusiness, Springfield, MO,'' under
the ``Waste description'' column, by revising paragraphs (2), (3), (4),
(5), and (6);
m. In the entry for ``Texas Eastman, Longview, Texas,'' under the
``Waste description'' column, by revising paragraph 3;
n. In the entry for ``Tyco Printed Circuit Group, Melbourne
Division, Melbourne, Florida,'' under the ``Waste description'' column,
by revising the introductory text of paragraph 1.
The revisions read as follows:

Appendix IX--Wastes Excluded Under Sec. Sec. 260.20 and 260.22

Table 1.--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
Aptus, Inc........................... Coffeyville, Kansas.... * * * * *
(1) * * *

[[Page 66279]]

(2) A minimum of four grab samples must be taken
from each hopper (or other container) of kiln
residue generated during each 24 hour run; all
grabs collected during a given 24 hour run must
then be composited to form one composite
sample. A minimum of four grab samples must
also be taken from each hopper (or other
container) of spray dryer/baghouse residue
generated during each 24 hour run; all grabs
collected during a given 24 hour run must then
be composited to form one composite sample.
Prior to the disposal of the residues from each
24 hour run, a TCLP leachate test must be
performed on these composite samples and the
leachate analyzed for the TC toxic metals,
nickel, and cyanide. If arsenic, chromium, lead
or silver TC leachate test results exceed 1.6
ppm, barium levels exceed 32 ppm, cadmium or
selenium levels exceed 0.3 ppm, mercury levels
exceed 0.07 ppm, nickel levels exceed 10 ppm,
or cyanide levels exceed 6.5 ppm, the wastes
must be retreated to achieve these levels or
must be disposed in accordance with subtitle C
of RCRA. Analyses must be performed according
to appropriate methods such as those found in
EPA Publication SW-846 or other reliable
sources (with the exception of analyses
requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution).
(3) Aptus must generate, prior to the disposal
of the residues, verification data from each 24
hour run for each treatment residue (i.e., kiln
residue, spray dryer/baghouse residue) to
demonstrate that the maximum allowable
treatment residue concentrations listed below
are not exceeded. Samples must be collected as
specified in Condition (2). Analyses must be
performed according to appropriate methods such
as those found in EPA Publication SW-846 or
other reliable sources (with the exception of
analyses requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). Any
residues which exceed any of the levels listed
below must be retreated or must be disposed of
as hazardous. Kiln residue and spray dryer/
baghouse residue must not exceed the following
levels: Aldrin--0.015 ppm; Benzene--9.7 ppm;
Benzo(a)pyrene--0.43 ppm; Benzo(b)fluoranthene--
1.8 ppm; Chlordane--0.37 ppm; Chloroform--5.4
ppm; Chrysene--170 ppm; Dibenz(a,h)anthracene--
0.083 ppm; 1,2-Dichloroethane--4.1 ppm;
Dichloromethane--2.4 ppm; 2,4-Dichlorophenol--
480 ppm; Dichlorvos--260 ppm; Disulfaton--23
ppm; Endosulfan I--310 ppm; Fluorene--120 ppm;
Indeno(1,2,3,cd)-pyrene--330 ppm; Methyl
parathion--210 ppm; Nitrosodiphenylamine--130
ppm; Phenanthrene--150 ppm; Polychlorinated
biphenyls--0.31 ppm; Tetrachloroethylene--59
ppm; 2,4,5-TP (silvex)--110 ppm; 2,4,6-
Trichlorophenol--3.9 ppm.
(4) Aptus must generate, prior to disposal of
residues, verification data from each 24 hour
run for each treatment residue (i.e., kiln
residue, spray dryer/baghouse residue) to
demonstrate that the residues do not contain
tetra-, penta-, or hexachlorodibenzo-p-dioxins
or furans at levels of regulatory concern.
Samples must be collected as specified in
Condition (2). The TCDD equivalent levels for
the solid residues must be less than 5 ppt. Any
residues with detected dioxins or furans in
excess of this level must be retreated or must
be disposed of as acutely hazardous. For this
analysis, Aptus must use appropriate methods
such as Method 8290 found in EPA Publication SW-
846, a high resolution gas chromatography and
high resolution mass spectroscopy (HRGC/HRMS)
analytical method, or use appropriate methods
found in other reliable sources. For tetra- and
penta-chlorinated dioxin and furan homologs,
the maximum practical quantitation limit must
not exceed 15 ppt for the solid residues. For
hexachlorinated dioxin and furan homologs, the
maximum practical quantitation limit must not
exceed 37 ppt for the solid residues.
* *
--------------------------------------
Arkansas Department of Pollution Vertac Superfund site, * * * * *
Control and Ecology. Jacksonville, Arkansas.
(1) Testing: Sample collection and analyses
(including quality control (QC) procedures)
must be performed according to appropriate
methods such as those found in EPA Publication
SW-846 or other reliable sources (with the
exception of analyses requiring the use of SW-
846 methods incorporated by reference in 40 CFR
260.11, which must be used without
substitution).
* * * * *
(3) * * *

[[Page 66280]]

(C) Chlorinated dioxins and furans: 2,3,7,8-
Tetrachlorodibenzo-p-dioxin equivalents, 4 x
10\7\ ppm. The petitioned by-product must be
analyzed for the tetra-, penta-, hexa-, and
heptachlorodibenzo-p-dioxins, and the tetra-,
penta-, hexa-, and heptachlorodibenzofurans to
determine the 2,3,7,8-tetra-chlorodibenzo-p-
dioxin equivalent concentration. The analysis
must be conducted using appropriate methods
such as SW-846 Method 8290, a high resolution
gas chromatography/high resolution mass
spectrometry method, or other appropriate
methods found in other reliable sources, and
must achieve practical quantitation limits of
15 parts per trillion (ppt) for the tetra- and
penta-homologs, and 37 ppt for the hexa- and
hepta-homologs.
* * * * *
--------------------------------------
Bethlehem Steel Corporation.......... Sparrows Point, * * * * *
Maryland.
(1) Testing: Sample collection and analyses
(including quality control (QC) procedures)
must be performed according to appropriate
methods such as those found in EPA Publication
SW-846 or other reliable sources (with the
exception of analyses requiring the use of SW-
846 methods incorporated by reference in 40 CFR
260.11, which must be used without
substitution). If EPA judges the stabilization
process to be effective under the conditions
used during the initial verification testing,
BSC may replace the testing required in
Condition (1)(A) with the testing required in
Condition (1)(B). BSC must continue to test as
specified in Condition (1)(A) until and unless
notified by EPA in writing that testing in
Condition (1)(A) may be replaced by Condition
(1)(B) (to the extent directed by EPA).
* * * * *
--------------------------------------
BMW Manufacturing Corporation........ Greer, South Carolina.. * * * * *
(2) Verification Testing Requirements: Sample
collection and analyses, including quality
control procedures, must be performed according
to appropriate methods such as those found in
EPA Publication SW-846 or other reliable
sources (with the exception of analyses
requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution).
Methods must meet Performance Based Measurement
System Criteria in which the Data Quality
Objectives are to demonstrate that
representative samples of the BMW Sludge meet
the delisting levels in Condition (1).
* * * * *
--------------------------------------
DuraTherm, Incorporated.............. San Leon, Texas........ * * * * *
(3) Verification Testing Requirements: DuraTherm
must perform sample collection and analyses,
including quality control procedures, according
to appropriate methods such as those found in
EPA Publication SW-846 or other reliable
sources (with the exception of analyses
requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). If
EPA judges the process to be effective under
the operating conditions used during the
initial verification testing, DuraTherm may
replace the testing required in Paragraph
(3)(A) with the testing required in Paragraph
(3)(B). DuraTherm must continue to test as
specified in Paragraph (3)(A) until and unless
notified by EPA in writing that testing in
Paragraph (3)(A) may be replaced by Paragraph
(3)(B).
* * * * *
--------------------------------------
Eastman Chemical Company............. Longview, Texas........ * * * * *
(3) Verification Testing Requirements: Eastman
must perform sample collection and analyses,
including quality control procedures, according
to appropriate methods such as those found in
EPA Publication SW-846 or other reliable
sources (with the exception of analyses
requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). After
completion of the initial verification period,
Eastman may replace the testing required in
Condition (3)(A) with the testing required in
Condition (3)(B). Eastman must continue to test
as specified in Condition (3)(A) until and
unless notified by EPA in writing that testing
in Condition (3)(A) may be replaced by
Condition (3)(B).

[[Page 66281]]

* * * * *
--------------------------------------
Envirite of Pennsylvania (formerly York, Pennsylvania..... * * * * *
Envirite Corporation).
(2) Each batch of treatment residue must be
tested for leachable cyanide. If the leachable
cyanide levels (using the EP Toxicity test
without acetic acid adjustment) exceed 1.26
ppm, the waste must be retreated or managed and
disposed as a hazardous waste under 40 CFR
Parts 262 to 265 and the permitting standards
of 40 CFR Part 270.
* * * * *
--------------------------------------
Geological Reclamation Operations and Morrisville, * * * * *
Systems, Inc.. Pennsylvania.
(1) Testing: Sample collection and analyses,
including quality control (QC) procedures, must
be performed according to appropriate methods
such as those found in EPA Publication SW-846
or other reliable sources (with the exception
of analyses requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution).
* * * * *
--------------------------------------
McDonnell Douglas Corporation........ Tulsa, Oklahoma........ * * * * *
(3) Verification Testing Requirements: Sample
collection and analyses, including quality
control procedures, must be performed according
to appropriate methods such as those found in
EPA Publication SW-846 or other reliable
sources (with the exception of analyses
requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution).
McDonnell Douglas must stabilize the previously
unstabilized waste from the bottom portion of
the northwest lagoon of the surface impoundment
(which was closed as a landfill) using fly ash,
kiln dust or similar accepted materials in
batches of 500 cubic yards or less. McDonnell
Douglas must analyze one composite sample from
each batch of 500 cubic yards or less. A
minimum of four grab samples must be taken from
each waste pile (or other designated holding
area) of stabilized waste generated from each
batch run. Each composited batch sample must be
analyzed, prior to disposal of the waste in the
batch represented by that sample, for
constituents listed in Condition (1). There are
no verification testing requirements for the
stabilized wastes in the upper portions of the
northwest lagoon, the entire northeast lagoon,
and the entire south lagoon of the surface
impoundments which were closed as a landfill.
* * * * *
--------------------------------------
Occidental Chemical.................. Ingleside, Texas....... * * * * *
(3) Verification Testing Requirements: Sample
collection and analyses, including quality
control procedures, must be performed according
to appropriate methods such as those found in
EPA Publication SW-846 or other reliable
sources (with the exception of analyses
requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). If
EPA judges the incineration process to be
effective under the operating conditions used
during the initial verification testing,
Occidental Chemical may replace the testing
required in Condition (3)(A) with the testing
required in Condition (3)(B). Occidental
Chemical must continue to test as specified in
Condition (3)(A) until and unless notified by
EPA in writing that testing in Condition (3)(A)
may be replaced by Condition (3)(B).
* * * * *
--------------------------------------
Rhodia............................... Houston, Texas........ * * * * *
(3) Verification Testing Requirements: Rhodia
must perform sample collection and analyses,
including quality control procedures, according
to appropriate methods such as those found in
EPA Publication SW-846 or other reliable
sources (with the exception of analyses
requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). If
EPA judges the process to be effective under
the operating conditions used during the
initial verification testing, Rhodia may
replace the testing required in Condition
(3)(A) with the testing required in Condition
(3)(B). Rhodia must continue to test as
specified in Condition (3)(A) until and unless
notified by EPA in writing that testing in
Condition (3)(A) may be replaced by Condition
(3)(B).
* * * * *
--------------------------------------
Syntex Agribusiness.................. Springfield, MO........ * * * * *
(2) Four grab samples of wastewater must be
composited from the volume of filtered
wastewater collected after each eight hour run
and, prior to disposal the composite samples
must be analyzed for the EP toxic metals,
nickel, and cyanide. If arsenic, chromium,
lead, and silver EP leachate test results
exceed 0.61 ppm; barium levels exceed 12 ppm;
cadmium and selenium levels exceed 0.12 ppm;
mercury levels exceed 0.02 ppm; nickel levels
exceed 6.1 ppm; or cyanide levels exceed 2.4
ppm, the wastewater must be retreated to
achieve these levels or must be disposed in
accordance with all applicable hazardous waste
regulations. Analyses must be performed
according to appropriate methods such as those
found in EPA Publication SW-846 or other
reliable sources (with the exception of
analyses requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution).
(3) One grab sample must be taken from each drum
of kiln and cyclone ash generated during each
eight hour run; all grabs collected during a
given eight hour run must then be composited to
form one composite sample. A composite sample
of four grab samples of the separator sludge
must be collected at the end of each eight hour
run. Prior to the disposal of the residues from
each eight hour run, an EP leachate test must
be performed on these composite samples and the
leachate analyzed for the EP toxic metals,
nickel, and cyanide (using a distilled water
extraction for the cyanide extraction) to
demonstrate that the following maximum
allowable treatment residue concentrations
listed below are not exceeded. Analyses must be
performed according to appropriate methods such
as those found in EPA Publication SW-846 or
other reliable sources (with the exception of
analyses requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). Any
residues which exceed any of the levels listed
below must be retreated to achieve these levels
or must be disposed in accordance with all
applicable hazardous waste regulations. Maximum
Allowable Solids Treatment Residue EP Leachate
Concentrations (mg/L), Arsenic--1.6, Barium--
32, Cadmium--0.32, Chromium--1.6, Lead--1.6,
Mercury--0.065, Nickel--16, Selenium--0.32,
Silver--1.6, Cyanide--6.5.
(4) If Syntex stabilizes any of the kiln and
cyclone ash or separator sludge, a Portland
cement-type stabilization process must be used
and Syntex must collect a composite sample of
four grab samples from each batch of stabilized
waste. An MEP leachate test must be performed
on these composite samples and the leachate
analyzed for the EP toxic metals, nickel, and
cyanide (using a distilled water extraction for
the cyanide leachate analysis) to demonstrate
that the maximum allowable treatment residue
concentrations listed in Condition (3) are not
exceeded during any run of the MEP extraction.
Analyses must be performed according to
appropriate methods such as those found in EPA
Publication SW-846 or other reliable sources
(with the exception of analyses requiring the
use of SW-846 methods incorporated by reference
in 40 CFR 260.11, which must be used without
substitution). Any residues which exceed any of
the levels listed in Condition (3) must be
retreated to achieve these levels or must be
disposed in accordance with all applicable
hazardous waste regulations. (If the residues
are stabilized, the analyses required in this
condition supercede the analyses required in
Condition (3).)

[[Page 66283]]

(5) Syntex must generate, prior to disposal of
residues, verification data from each eight
hour run from each treatment residue (i.e.,
kiln and cyclone ash, separator sludge, and
filtered wastewater) to demonstrate that the
maximum allowable treatment residue
concentrations listed below are not exceeded.
Samples must be collected as specified in
Conditions (2) and (3). Analyses must be
performed according to appropriate methods such
as those found in EPA Publication SW-846 or
other reliable sources (with the exception of
analyses requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). Any
solid or liquid residues which exceed any of
the levels listed below must be retreated to
achieve these levels or must be disposed in
accordance with Subtitle C of RCRA. Maximum
Allowable Wastewater Concentrations (ppm):
Benz(a)anthracene--1 x 10-\4\; Benzo(a)pyrene--
4 x 10-\5\; Benzo(b)fluoranthene--2 x 10-\4\;
Chloroform--0.07; Chrysene--0.002;
Dibenz(a,h)anthracene--9 x 10-\6\; 1,2-
Dichloroethane--0.06; Dichloromethane--0.06;
Indeno(1,2,3-cd)pyrene--0.002; Polychlorinated
biphenyls--1 x 10-\4\; 1,2,4,5-
Tetrachlorobenzene--0.13; 2,3,4,6-
Tetrachlorophenol--12; Toluene--120;
Trichloroethylene--0.04; 2,4,5-Trichlorophenol--
49; 2,4,6-Trichlorophenol--0.02; Maximum
Allowable Solid Treatment Residue
Concentrations (ppm): Benz(a)anthracene--1.1;
Benzo(a)pyrene--0.43; Benzo(b)fluoranthene--
1.8; Chloroform--5.4; Chrysene--170;
Dibenz(a,h)anthracene--0.083; Dichloromethane--
2.4; 1,2-Dichloroethane--4.1; Indeno(1,2,3-
cd)pyrene--330; Polychlorinated biphenyls--
0.31; 1,2,4,5-Tetrachlorobenzene--720;
Trichloroethylene--6.6; 2,4,6-Trichlorophenol--
3.9.
(6) Syntex must generate, prior to disposal of
residues, verification data from each eight
hour run for each treatment residue (i.e., kiln
and cyclone ash, separator sludge, and filtered
wastewater) to demonstrate that the residues do
not contain tetra-, penta-, or
hexachlorodibenzo-p-dioxins or furans at levels
of regulatory concern. Samples must be
collected as specified in Conditions (2) and
(3). The TCDD equivalent levels for wastewaters
must be less than 2 ppq and less than 5 ppt for
the solid treatment residues. Any residues with
detected dioxins or furans in excess of these
levels must be retreated or must be disposed as
acutely hazardous. For this analysis, Syntex
must use appropriate methods, such as SW-846
Method 8290, a high resolution gas
chromatography and high resolution mass
spectroscopy (HRGC/HRMS) analytical method, or
use appropriate methods found in other reliable
sources. For tetra- and pentachloronated dioxin
and furan homologs, the maximum practical
quantitation limit must not exceed 15 ppt for
solids and 120 ppq for wastewaters. For
hexachlorinated homologs, the maximum practical
quantitation limit must not exceed 37 ppt for
solids and 300 ppq for wastewaters.
* * * * *
--------------------------------------
Texas Eastman........................ Longview, Texas........ * * * * *
3. Verification Testing Requirements: Sample
collection and analyses, including quality
control procedures, must be performed according
to appropriate methods such as those found in
EPA Publication SW-846 or other reliable
sources (with the exception of analyses
requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). If
EPA judges the incineration process to be
effective under the operating conditions used
during the initial verification testing
described in Paragraph 4 below, Texas Eastman
may replace the testing required in Paragraph 4
with the testing required in Paragraph 5 below.
Texas Eastman must, however, continue to test
as specified in Paragraph 4 until notified by
EPA in writing that testing in Paragraph 4 may
be replaced by the testing described in
Paragraph 5.
* * * * *
--------------------------------------
Tyco Printed Circuit Group, Melbourne Melbourne, Florida..... * * * * *
Division.
(1) Verification Testing Requirements: Sample
collection and analyses, including quality
control procedures must be performed according
to appropriate methods such as those found in
EPA Publication SW-846 or other reliable
sources (with the exception of analyses
requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution).
Methods must meet Performance Based Measurement
System Criteria in which the Data Quality
Objectives are to demonstrate that
representative samples of the Tyco Sludge meet
the delisting levels in Condition (3).
* * * * *
----------------------------------------------------------------------------------------------------------------

17. Appendix IX to part 261 is amended in Table 2:
a. In the entry for ``Bethlehem Steel Corp., Steelton, PA,'' under
the ``Waste description'' column by revising paragraphs (1) and (2);
b. In the entry for ``Bethlehem Steel Corp., Johnston, PA,'' under
the ``Waste description'' column by revising paragraphs (1) and (2);
c. In the entry for ``BF Goodrich Intermediates Company, Inc.,
Calvert City, Kentucky,'' under the ``Waste description'' column by
revising the introductory paragraph and by revising paragraphs (1)(B)
and (3);
d. In the entry for ``CF&I Steel Corporation, Pueblo, Colorado,''
under the ``Waste description'' column by revising paragraphs (1) and
(2);
e. In the entry for ``Chaparral Steel Midlothian L.P., Midlothian,
Texas,'' under the ``Waste description'' column by revising paragraph
(1) and the introductory text of paragraph (3);
f. In the entry for ``Conversion Systems, Inc., Horsham,
Pennsylvania,'' under the ``Waste description'' column by revising the
introductory text of paragraph (1);
g. In the entry for ``DOE-RL, Richland, Washington,'' under the
``Waste description'' column by revising the introductory text of
paragraph (1) and by revising paragraph (3);
h. In the entry for ``Envirite of Pennsylvania (formerly Envirite
Corporation), York, Pennsylvania, under the ``Waste description''
column, by revising paragraph (2);
i. In the entry for ``Heritage Environmental Services, LLC, at the
Nucor Steel Facility, Crawfordsville, Indiana,'' under the ``Waste
Description'' column by revising paragraph (2);
j. In the entry for ``Marathon Oil Co., Texas City, Texas,'' under
the ``Waste description'' column by revising the introductory text of
paragraph (1);
k. In the entry for ``Occidental Chemical Corp, Muscle Shoals
Plant, Sheffield, Alabama,'' under the ``Waste description'' column by
revising the introductory paragraph and by revising paragraphs (1)(A)
and (3);
l. In the entry for ``Occidental Chemical Corporation, Delaware
City, Delaware,'' under the ``Waste description'' column by revising
the introductory paragraph and by revising paragraph (1)(A), the
introductory text of paragraph (2) and by revising paragraph (3);
m. In the entry for ``Oxy Vinyls, Deer Park, Texas,'' under the
``Waste description'' column by revising the introductory text of
paragraph (3);
n. In the entry for ``Roanoke Electric Steel Corp., Roanoke,
Virginia,'' under the ``Waste description'' column by revising
paragraphs (1)(A), (1)(B), and (2);
o. In the entry for ``USX Steel Corporation, USS Division,
Southworks Plant, Gary Works, Chicago, Illinois,'' under the ``Waste
description'' column by revising the introductory text of paragraph (1)
and by revising paragraphs (1)(A) and (2).
The revisions read as follows:

Appendix IX--Wastes Excluded Under Sec. Sec. 260.20 and 260.22

* * * * *

Table 2.--Wastes Excluded From Specific Sources
----------------------------------------------------------------------------------------------------------------
Facility Address Waste description
----------------------------------------------------------------------------------------------------------------
Bethlehem Steel Corp................. Steelton, PA........... * * * * *
(1) Testing:
(A) Initial Testing: During the first four weeks
of operation of the full-scale treatment
system, Bethlehem must collect representative
grab samples of each treated batch of the
CSEAFD and composite the grab samples daily.
The daily composites, prior to disposal, must
be analyzed for the EP leachate concentrations
of all the EP toxic metals, nickel and cyanide
(using distilled water in the cyanide
extractions). Analyses must be performed
according to appropriate methods such as those
found in SW-846 or other reliable sources (with
the exception of analyses requiring the use of
SW-846 methods incorporated by reference in 40
CFR 260.11, which must be used without
substitution). Bethlehem must report the
analytical test data obtained during this
initial period no later than 90 days after the
treatment of the first full-scale batch.

[[Page 66285]]

(B) Subsequent Testing: Bethlehem must collect
representative grab samples from every treated
batch of CSEAFD generated daily and composite
all of the grab samples to produce a weekly
composite sample. Bethlehem then must analyze
each weekly composite sample for the EP
leachate concentrations of all the EP toxic
metals and nickel. Analyses must be performed
according to appropriate methods such as those
found in SW-846 or other reliable sources (with
the exception of analyses requiring the use of
SW-846 methods incorporated by reference in 40
CFR 260.11, which must be used without
substitution). The analytical data, including
all quality control information, must be
compiled and maintained on site for a minimum
of three years. These data must be furnished
upon request and made available for inspection
by any employee or representative of EPA or the
State of Pennsylvania.
(2) Delisting Levels: If the EP extract
concentrations resulting from the testing in
condition (1)(A) or (1)(B) for chromium, lead,
arsenic, or silver exceed 0.315 mg/L; for
barium exceeds 6.3 mg/l; for cadmium or
selenium exceed 0.063 mg/l; for mercury exceeds
0.0126 mg/l; for nickel exceeds 3.15 mg/l; or
for cyanide exceeds 4.42 mg/L; the waste must
either be re-treated or managed and disposed in
accordance with subtitle C of RCRA.
* * * * *
--------------------------------------
Bethlehem Steel Corp................. Johnstown, PA.......... * * * * *
(1) Testing:
(A) Initial Testing: During the first four weeks
of operation of the full-scale treatment
system, Bethlehem must collect representative
grab samples of each treated batch of the
CSEAFD and composite the grab samples daily.
The daily composites, prior to disposal, must
be analyzed for the EP leachate concentrations
of all the EP toxic metals, nickel, and cyanide
(using distilled water in the cyanide
extractions). Analyses must be performed
according to appropriate methods such as those
found in SW-846 or other reliable sources (with
the exception of analyses requiring the use of
SW-846 methods incorporated by reference in 40
CFR 260.11, which must be used without
substitution). Bethlehem must report the
analytical test data obtained during this
initial period no later than 90 days after the
treatment of the first full-scale batch.
(B) Subsequent Testing: Bethlehem must collect
representative grab samples from every treated
batch of CSEAFD generated daily and composite
all of the grab samples to produce a weekly
composite sample. Bethlehem then must analyze
each weekly composite sample for the EP
leachate concentrations of all the EP toxic
metals and nickel. Analyses must be performed
according to appropriate methods such as those
found in SW-846 or other reliable sources (with
the exception of analyses requiring the use of
SW-846 methods incorporated by reference in 40
CFR 260.11, which must be used without
substitution). The analytical data, including
all quality control information, must be
compiled and maintained on site for a minimum
of three years. These data must be furnished
upon request and made available for inspection
by any employee or representative of EPA or the
State of Pennsylvania.
(2) If the EP extract concentrations resulting
from the testing in condition (1)(A) or (1)(B)
for chromium, lead, arsenic, or silver exceed
0.315 mg/l; for barium exceed 6.3 mg/l; for
cadmium or selenium exceed 0.063 mg/l; for
mercury exceed 0.0126 mg/l, for nickel exceed
3.15 mg/l; or for cyanide exceed 4.42 mg/l; the
waste must either be retreated until it meets
these levels or managed and disposed in
accordance with subtitle C of RCRA.
* * * * *
--------------------------------------
BF Goodrich Intermediates Company, Calvert City, Kentucky. * * * * *
Inc.
Brine purification muds and saturator insolubles
(EPA, Hazardous Waste No. K071) after August
18, 1989. This exclusion is conditional upon
the collection and submission of data obtained
from BFG's full-scale treatment system because
BFG's original data was based on data presented
by another petitioner using an identical
treatment process. To ensure that hazardous
constituents are not present in the waste at
levels of regulatory concern once the full-
scale treatment facility is in operation, BFG
must implement a testing program. All sampling
and analyses (including quality control
procedures) must be performed according to
appropriate methods such as those found in SW-
846 or other reliable sources (with the
exception of analyses requiring the use of SW-
846 methods incorporated by reference in 40 CFR
260.11, which must be used without
substitution). This testing program must meet
the following conditions for the exclusion to
be valid:

[[Page 66286]]

(1) * * *
(B) Collect representative grab samples from
every batch of treated mercury brine
purification muds and treated saturator
insolubles on a daily basis and composite the
grab samples to produce two separate weekly
composite samples (one of the treated mercury
brine muds and one of the treated saturator
insolubles). Prior to disposal of the treated
batches, two weekly composite samples must be
analyzed for the EP leachate concentrations of
all the EP toxic metals (except mercury),
nickel, and cyanide (using distilled water in
the cyanide extractions). BFG must report the
analytical test data, including all quality
control data, obtained during this initial
period no later than 90 days after the
treatment of the first full-scale batch.
(2) * * *
(3) If, under condition (1) or (2), the EP
leachate concentrations for chromium, lead,
arsenic, or silver exceed 0.316 mg/l; for
barium exceeds 6.31 mg/l; for cadmium or
selenium exceed 0.063 mg/l; for mercury exceeds
0.0126 mg/l, for nickel exceeds 3.16 mg/l; or
for cyanide exceeds 4.42 mg/l; the waste must
either be retreated until it meets these levels
or managed and disposed of in accordance with
subtitle C of RCRA.
* * * * *
--------------------------------------
CF&I Steel Corporation............... Pueblo, Colorado....... * * * * *
(1) Testing:
(A) Initial Testing: During the first four weeks
of operation of the full-scale treatment
system, CF&I must collect representative grab
samples of each treated batch of the CSEAFD and
composite the grab samples daily. The daily
composites, prior to disposal, must be analyzed
for the EP leachate concentrations of all the
EP toxic metals, nickel, and cyanide (using
distilled water in the cyanide extractions).
Analyses must be performed according to
appropriate methods such as those found in SW-
846 or other reliable sources (with the
exception of analyses requiring the use of SW-
846 methods incorporated by reference in 40 CFR
260.11, which must be used without
substitution). CF&I must report the analytical
test data obtained during this initial period
no later than 90 days after the treatment of
the first full-scale batch.
(B) Subsequent Testing: CF&I must collect
representative grab samples from every treated
batch of CSEAFD generated daily and composite
all of the grab samples to produce a weekly
composite sample. CF&I then must analyze each
weekly composite sample for the EP leachate
concentrations of all of the EP toxic metals
and nickel. Analyses must be performed
according to appropriate methods such as those
found in SW-846 or other reliable sources (with
the exception of analyses requiring the use of
SW-846 methods incorporated by reference in 40
CFR 260.11, which must be used without
substitution). The analytical data, including
all quality control information, must be
compiled and maintained on site for a minimum
of three years. These data must be furnished
upon request and made available for inspection
by any employee or representative of EPA or the
State of Colorado.
(2) Delisting levels: If the EP extract
concentrations determined in conditions (1)(A)
or (1)(B) for chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for barium exceeds
6.3 mg/l; for cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126 mg/l; for
nickel exceeds 3.15 mg/l; or for cyanide
exceeds 4.42 mg/l; the waste must either be re-
treated or managed and disposed in accordance
with Subtitle C of RCRA.
* * * * *
--------------------------------------
Chaparral Steel Midlothian, L.P...... Midlothian, Texas...... * * * * *
(1) Delisting Levels: All concentrations for the
constituent total lead in the approximately
2,500 cubic yards (500,000 gallons) per
calender year of raw leachate from Landfill No.
3, storm water from the baghouse area, and
other K061 wastewaters that is transferred from
the storage tank to nonhazardous management
must not exceed 0.69 mg/l (ppm). Constituents
must be measured in the waste by appropriate
methods such as those found in SW-846 or other
reliable sources (with the exception of
analyses requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution).

[[Page 66287]]

(3) Verification Testing Requirements: Sample
collection and analyses, including quality
control procedures, must be performed according
to appropriate methods such as those found in
SW-846 or other reliable sources (with the
exception of analyses requiring the use of SW-
846 methods incorporated by reference in 40 CFR
260.11, which must be used without
substitution). Chaparral Steel must analyze one
composite sample from each batch of untreated
wastewater transferred from the hazardous waste
storage tank to non-hazardous waste management.
Each composited batch sample must be analyzed,
prior to non-hazardous management of the waste
in the batch represented by that sample, for
the constituent lead as listed in Condition
(1). Chaparral may treat the waste as specified
in Condition (2). If EPA judges the treatment
process to be effective during the operating
conditions used during the initial verification
testing, Chaparral Steel may replace the
testing requirement in Condition (3)(A) with
the testing requirement in Condition (3)(B).
Chaparral must continue to test as specified in
(3)(A) until and unless notified by EPA or
designated authority that testing in Condition
(3)(A) may be replaced with by Condition
(3)(B).
* * * * *
--------------------------------------
Conversion Systems, Inc.............. Horsham, Pennsylvania.. * * * * *
(1) Verification Testing Requirements: Sample
collection and analyses, including quality
control procedures, must be performed according
to appropriate methods such as those found in
SW-846 or other reliable sources (with the
exception of analyses requiring the use of SW-
846 methods incorporated by reference in 40 CFR
260.11, which must be used without
substitution).
* * * * *
--------------------------------------
DOE-RL............................... Richland, Washington... * * * * *
(1) Testing: Sample collection and analyses
(including quality control (QC) procedures)
must be performed according to appropriate
methods such as those found in SW-846 or other
reliable sources (with the exception of
analyses requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). If
EPA judges the treatment process to be
effective under the operating conditions used
during the initial verification testing, DOE
may replace the testing required in Condition
(1)(A) with the testing required in Condition
(1)(B). DOE must continue to test as specified
in Condition (1)(A) until notified by EPA in
writing that testing in Condition (1) (A) may
be replaced by Condition (1)(B).
* * * * *
(2) * * *
(3) Delisting Levels: All total constituent
concentrations in the waste samples must be
measured using appropriate methods such as
those found in ``Test Methods for Evaluating
Solid Waste: Physical/Chemical Methods,'' U.S.
EPA Publication SW-846, or other reliable
sources (with the exception of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). All
total constituent concentrations must be equal
to or less than the following levels (ppm):
Inorganic Constituents: Ammonium--10.0;
Antimony--0.06; Arsenic--0.5; Barium--20.0;
Beryllium--0.04; Cadmium--0.05; Chromium--1.0;
Cyanide--2.0; Fluoride--40.0; Lead--0.15;
Mercury--0.02; Nickel--1.0; Selenium--0.5;
Silver--2.0; Vanadium--2.0; Zinc--100.0.
Organic Constituents: Acetone--40.0; Benzene--
0.05; Benzyl alcohol--100.0; 1-Butyl alcohol--
40.0; Carbon tetrachloride--0.05;
Chlorobenzene--1.0; Chloroform--0.1; Cresol--
20.0; 1,4-Dichlorobenzene--0.75; 1,2-
Dichloroethane--0.05; 1,1-Dichloroethylene--
0.07; Di-n-octyl phthalate--7.0;
Hexachloroethane--0.06; Methyl ethyl ketone--
200.0; Methyl isobutyl ketone--30.0;
Naphthalene--10.0; Tetrachloroethylene--0.05;
Toluene--10.0; Tributyl phosphate--0.2; 1,1,1-
Trichloroethane--2.0; 1,1,2-Trichloroethane--
0.05; Trichloroethylene--0.05; Vinyl Chloride--
0.02.
* * * * *
--------------------------------------
Envirite of Pennsylvania (formerly York, Pennsylvania..... * * * * *
Envirite Corporation).
(2) Each batch of treatment residue must be
tested for leachable cyanide. If the leachable
cyanide levels (using the EP Toxicity test
without acetic acid adjustment) exceed 1.26
ppm, the waste must be re-treated or managed
and disposed as a hazardous waste under 40 CFR
Parts 262 to 265 and the permitting standards
of 40 CFR Part 270.

[[Page 66288]]

* * * * *
--------------------------------------
Heritage Environmental Services, LLC, Crawfordsville, Indiana * * * * *
at the Nucor Steel facility.
(2) Verification Testing: On a monthly basis,
Heritage or Nucor must analyze two samples of
the waste using the TCLP, SW-846 Method 1311,
with an extraction fluid of ph 12 +/- 0.05
standard units and for the mercury
determinative analysis of the leachate using an
appropriate method such as Method 7470 found in
EPA Publication SW-846, or use an appropriate
method found in other reliable sources. The
constituent concentrations measured must be
less then the delisting levels established in
Paragraph (1).
* * * * *
--------------------------------------
Marathon Oil Co...................... Texas City, TX......... * * * * *
(1) Testing: Sample collection and analyses
(including quality control (QC) procedures)
must be performed according to appropriate
methods such as those found in SW-846 or other
reliable sources (with the exception of
analyses requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). If
EPA judges the treatment process to be
effective under the operating conditions used
during the initial verification testing,
Marathon may replace the testing required in
Condition (1)(A) with the testing required in
Condition (1)(B). Marathon must continue to
test as specified in Condition (1)(A),
including testing for organics in Conditions
(3)(B) and (3)(C), until and unless notified by
EPA in writing that testing in Condition (1)(A)
may be replaced by Condition (1)(B), or that
testing for organics may be terminated as
described in (1)(C) (to the extent directed by
EPA).
* * * * *
--------------------------------------
Occidental Chemical Corp., Muscle Sheffield, Alabama..... * * * * *
Shoals Plant.
Retorted wastewater treatment sludge from the
mercury cell process in chlorine production
(EPA Hazardous Waste No. K106) after September
19, 1989. This exclusion is conditional upon
the submission of data obtained from
Occidental's full-scale retort treatment system
because Occidental's original data were based
on a pilot-scale retort system. To ensure that
hazardous constituents are not present in the
waste at levels of regulatory concern once the
full-scale treatment facility is in operation,
Occidental must implement a testing program.
All sampling and analyses (including quality
control procedures) must be performed according
to appropriate methods such as those found in
SW-846 or other reliable sources (with the
exception of analyses requiring the use of SW-
846 methods incorporated by reference in 40 CFR
260.11, which must be used without
substitution). This testing program must meet
the following conditions for the exclusion to
be valid:
(1) * * *
(A) Collect representative grab samples from
every batch of retorted material and composite
the grab samples to produce a weekly composite
sample. The weekly composite samples, prior to
disposal or recycling, must be analyzed for the
EP leachate concentrations of all the EP toxic
metals (except mercury), nickel, and cyanide
(using distilled water in the cyanide
extractions). Occidental must report the
analytical test data, including all quality
control data, obtained during this initial
period no later than 90 days after the
treatment of the first full-scale batch.
* * *
(2) * * *
(3) If, under condition (1) or (2), the EP
leachate concentrations for chromium, lead,
arsenic, or silver exceed 1.616 mg/l; for
barium exceeds 32.3 mg/l; for cadmium or
selenium exceed 0.323 mg/l; for mercury exceeds
0.065 mg/l, for nickel exceeds 16.15 mg/l; or
for cyanide exceeds 22.61 mg/l; the waste must
either be retreated until it meets these levels
or managed and disposed of in accordance with
subtitle C of RCRA.

[[Page 66289]]

* * * * *
--------------------------------------
Occidental Chemical Corporation...... Delaware City, Delaware * * * * *
Sodium chloride treatment muds (NaCl-TM), sodium
chloride saturator cleanings (NaCl-SC), and
potassium chloride treatment muds (KCl-TM) (all
classified as EPA Hazardous Waste No. K071)
generated at a maximum combined rate (for all
three wastes) of 1,018 tons per year. This
exclusion was published on April 29, 1991 and
is conditioned upon the collection of data from
Occidental's full-scale brine treatment system
because Occidental's request for exclusion was
based on data from a laboratory-scale brine
treatment process. To ensure that hazardous
constituents are not present in the waste at
levels of regulatory concern once the full-
scale treatment system is in operation,
Occidental must implement a testing program for
the petitioned waste. All sampling and analyses
(including quality control (QC) procedures)
must be performed according to appropriate
methods such as those found in SW-846 or other
reliable sources (with the exception of
analyses requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). This
testing program must meet the following
conditions for the exclusion to be valid:
(1) * * *
(A) Collect representative grab samples from
each batch of the three treated wastestreams
(sodium chloride saturator cleanings (NaCl-SC),
sodium chloride treatment muds (NaCl-TM) and
potassium chloride treatment muds (KCl-TM)) on
an as generated basis and composite the samples
to produce three separate weekly composite
samples (of each type of K071 waste). The three
weekly composite samples, prior to disposal,
must be analyzed for the EP leachate
concentrations of all the EP toxic metals
(except mercury), nickel, and cyanide (using
distilled water in the cyanide extractions).
Occidental must report the waste volumes
produced and the analytical test data,
including all quality control data, obtained
during this initial period, no later than 90
days after the treatment of the first full-
scale batch.
* * *
(2) Subsequent Testing: After the first four
weeks of full-scale treatment operations,
Occidental must do the following; all sampling
and analyses (including quality control
procedures) must be performed according to
appropriate methods such as those found in SW-
846 or other reliable sources (with the
exception of analyses requiring the use of SW-
846 methods incorporated by reference in 40 CFR
260.11, which must be used without
substitution):
* * *
(3) If, under conditions (1) or (2), the EP
leachate concentrations for chromium, lead,
arsenic, or silver exceed 0.77 mg/l; for barium
exceeds 15.5 mg/l; for cadmium or selenium
exceed 0.16 mg/l; for mercury exceeds 0.031 mg/
l, or for nickel or total cyanide exceeds 10.9
mg/l; the waste must either be retreated or
managed and disposed of in accordance with all
applicable hazardous waste regulations.
* * * * *
--------------------------------------
Oxy Vinyls........................... Deer Park, Texas....... * * * * *
(3) Verification Testing Requirements: Sample
collection and analyses, including quality
control procedures, must be performed according
to appropriate methods such as those found in
SW-846 or other reliable sources (with the
exception of analyses requiring the use of SW-
846 methods incorporated by reference in 40 CFR
260.11, which must be used without
substitution). If EPA judges the incineration
process to be effective under the operating
conditions used during the initial verification
testing, Oxy Vinyls may replace the testing
required in Condition (3)(A) with the testing
required in Condition (3)(B). Oxy Vinyls must
continue to test as specified in Condition
(3)(A) until and unless notified by EPA in
writing that testing in Condition (3)(A) may be
replaced by Condition (3)(B).
* * * * *
--------------------------------------
Roanoke Electric Steel Corp.......... Roanoke, VA............ * * * * *
(1) * * *

[[Page 66290]]

(A) Initial Testing: During the first four weeks
of operation of the full-scale treatment
system, Roanoke must collect representative
grab samples of each treated batch of the
CSEAFD and composite the grab samples daily.
The daily composites, prior to disposal, must
be analyzed for the EP leachate concentrations
of all the EP toxic metals, nickel and cyanide
(using distilled water in the cyanide
extractions). Analyses must be performed
according to appropriate methods such as those
found in SW-846 or other reliable sources (with
the exception of analyses requiring the use of
SW-846 methods incorporated by reference in 40
CFR 260.11, which must be used without
substitution). Roanoke must report the
analytical test data obtained during this
initial period no later than 90 days after the
treatment of the first full-scale batch.
(B) Subsequent Testing: Roanoke must collect
representative grab samples from every treated
batch of CSEAFD generated daily and composite
all of the grab samples to produce a weekly
composite sample. Roanoke then must analyze
each weekly composite sample for all of the EP
toxic metals and nickel. Analyses must be
performed according to appropriate methods such
as those found in SW-846 or other reliable
sources (with the exception of analyses
requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution). The
analytical data, including all quality control
information, must be compiled and maintained on
site for a minimum of three years. These data
must be furnished upon request and made
available for inspection by any employee or
representative of EPA or the State of Virginia.
(2) Delisting levels: If the EP extract
concentrations for chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for barium exceeds
6.3 mg/l; for cadmium or selenium exceed 0.63
mg/l; for mercury exceeds 0.0126 mg/l, for
nickel exceeds 3.15 mg/l, or for cyanide
exceeds 1.26 mg/l; the waste must either be re-
treated or managed and disposed in accordance
with subtitle C of RCRA.
* * * * *
--------------------------------------
USX Steel Corporation, USS Division, Chicago, Illinois...... * * * * *
Southworks Plant, Gary Works.
(1) Testing: Sample collection and analyses
(including quality control (QC) procedures)
must be performed according to appropriate
methods such as those found in SW-846 or other
reliable sources (with the exception of
analyses requiring the use of SW-846 methods
incorporated by reference in 40 CFR 260.11,
which must be used without substitution).
(A) Initial Testing: During the first four weeks
of operation of the full-scale treatment
system, USX must collect representative grab
samples of each treated batch of the CSEAFD and
composite the grab samples daily. The daily
composites, prior to disposal, must be analyzed
for the EP leachate concentrations of all the
EP toxic metals, nickel, and cyanide (using
distilled water in the cyanide extractions).
USX must report the analytical test data,
including quality control information, obtained
during this initial period no later than 90
days after the treatment of the first full-
scale batch.
* * *
(2) Delisting levels: If the EP extract
concentrations for chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for barium exceeds
6.3 mg/l; for cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126 mg/l; for
nickel exceeds 3.15 mg/l; or for cyanide
exceeds 4.42 mg/l, the waste must either be re-
treated until it meets these levels or managed
and disposed in accordance with subtitle C of
RCRA.
----------------------------------------------------------------------------------------------------------------

* * * * *

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

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

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

Subpart AA--Air Emissions Standards for Process Vents

21. Section 264.1034 is amended by revising paragraphs (c)(1)(ii),
(c)(1)(iv), (d)(1)(iii) and (f) to read as follows:

Sec. 264.1034 Test methods and procedures.

* * * * *
(c) * * *
(1) * * *
(ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for
organic content. If Method 25A is used, the organic HAP used as the
calibration gas must be the single organic HAP representing the largest
percent by volume of the emissions. The use of Method 25A is acceptable
if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration
gas when the instrument is zeroed on the most sensitive scale.
* * * * *

[[Page 66291]]

(iv) Total organic mass flow rates shall be determined by the
following equation:
(A) For sources utilizing Method 18.
[GRAPHIC]
[TIFF OMITTED]
TP30OC02.000

Where:
E_h = Total organic mass flow rate, kg/h;
Q_2sd = Volumetric flow rate of gases entering or exiting
control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
C_i = Organic concentration in ppm, dry basis, of compound i
in the vent gas, as determined by Method 18;
MW_i = Molecular weight of organic compound i in the vent
gas, kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760
mm Hg);
10-6 = Conversion from ppm

(B) For sources utilizing Method 25A.

E_h = (Q)(C)(MW)(0.0416)(10-6)

Where:
E_h = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device,
as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760
mm Hg);
10-6 = Conversion from ppm.
* * * * *
(d) * * *
(1) * * *
(iii) Each sample shall be analyzed and the total organic
concentration of the sample shall be computed using Method 9060
(incorporated by reference under Sec. 260.11) of ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846; or analyzed for individual organic constituents by using
appropriate methods such as Method 8260 of EPA Publication SW-846, or
using appropriate methods from other reliable sources.
* * * * *
(f) When an owner or operator and the Regional Administrator do not
agree on whether a distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation manages a
hazardous waste with organic concentrations of at least 10 ppmw based
on knowledge of the waste, the dispute may be resolved by using
appropriate methods such as Method 8260 of ``Test Methods for
Evaluating Solid Waste'' (EPA Publication SW-846) or by using
appropriate methods from other reliable sources.

Subpart BB--Air Emission Standards for Equipment Leaks

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

Sec. 264.1063 Test methods and procedures.

* * * * *
(d) * * *
(2) Method 9060 (incorporated by reference under Sec. 260.11) of
``Test Methods for Evaluating Solid Waste,'' EPA Publication SW-846, or
analyzed for its individual organic constituents by using appropriate
methods such as Method 8260 of EPA Publication SW-846 or using
appropriate methods from other reliable sources; or
* * * * *
23. Appendix IX to part 264 is revised as follows:

Appendix IX to Part 264--Ground-Water Monitoring List

Ground-Water Monitoring List
------------------------------------------------------------------------
Chemical abstracts
Common name \1\ CAS RN \2\ service index name
\3\
------------------------------------------------------------------------
Acenaphthene................. 83-32-9............ Acenaphthylene, 1,2-
dihydro-
Acenaphthylene............... 208-96-8........... Acenaphthylene
Acetone...................... 67-64-1............ 2-Propanone
Acetophenone................. 98-86-2............ Ethanone, 1-phenyl-
Acetonitrile; Methyl cyanide. 75-05-8............ Acetonitrile
2-Acetylaminofluorene; 2-AAF. 53-96-3............ Acetamide, N-9H-
fluoren-2-yl-
Acrolein..................... 107-02-8........... 2-Propenal
Acrylonitrile................ 107-13-1........... 2-Propenenitrile
Aldrin....................... 309-00-2........... 1,4:5,8-
Dimethanonaphthalen
e, 1,2,3,4,10,10-
hexachloro-
1,4,4a,5,8,8a-
hexahydro-
(1[alpha],4[alpha],
4a[beta],5[alpha],8
[alpha],8a[beta])-
Allyl chloride............... 107-05-1........... 1-Propene, 3-chloro-
4-Aminobiphenyl.............. 92-67-1............ [1,1'-Biphenyl]-4-
amine
Aniline...................... 62-53-3............ Benzenamine
Anthracene................... 120-12-7........... Anthracene
Antimony..................... (Total)............ Antimony
Aramite...................... 140-57-8........... Sulfurous acid, 2-
chloroethyl 2-[4-
(1,1-
dimethylethyl)pheno
xy]- 1-methylethyl
ester
Arsenic...................... (Total)............ Arsenic
Barium....................... (Total)............ Barium
Benzene...................... 71-43-2............ Benzene
Benzo[a]anthracene; 56-55-3............ Benz[a]anthracene
Benzanthracene.
Benzo[b]fluoranthene......... 205-99-2........... Benz[e]acephenanthry
lene
Benzo[k]fluoranthene......... 207-08-9........... Benzo[k]fluoranthene
Benzo[ghi]perylene........... 191-24-2........... Benzo[ghi]perylene
Benzo[a]pyrene............... 50-32-8............ Benzo[a]pyrene
Benzyl alcohol............... 100-51-6........... Benzenemethanol
Beryllium.................... (Total)............ Beryllium
alpha-BHC.................... 319-84-6........... Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[beta],4[alpha],5
[beta],6[beta])-
beta-BHC..................... 319-85-7........... Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[beta],
3[alpha],4[beta],5[
alpha],6[beta])-
delta-BHC.................... 319-86-8........... Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[alpha],4[beta],5
[alpha],6[beta])-
gamma-BHC; Lindane........... 58-89-9............ Cyclohexane,
1,2,3,4,5,6-
hexachloro-
,(1[alpha],2[alpha]
,3[beta],4[alpha],5
[alpha],6[beta])-
Bis(2-chloroethoxy)methane... 111-91-1........... Ethane, 1,1'-
[methylenebis
(oxy)]bis [2-chloro-

Bis(2-chloroethyl)ether...... 111-44-4........... Ethane, 1,1'-
oxybis[2-chloro-
Bis(2-chloro-1-methylethyl) 108-60-1........... Propane, 2,2'-
ether; 2,2'- oxybis[1-chloro-
Dichlorodiisopropyl ether.

[[Page 66292]]

Bis(2-ethylhexyl) phthalate.. 117-81-7........... 1,2-
Benzenedicarboxylic
acid, bis(2-
ethylhexyl)ester
Bromodichloromethane......... 75-27-4............ Methane,
bromodichloro-
Bromoform; Tribromomethane... 75-25-2............ Methane, tribromo-
4-Bromophenyl phenyl ether... 101-55-3........... Benzene, 1-bromo-4-
phenoxy-
Butyl benzyl phthalate; 85-68-7............ 1,2-
Benzyl butyl phthalate. Benzenedicarboxylic
acid, butyl
phenylmethyl ester
Cadmium...................... (Total)............ Cadmium
Carbon disulfide............. 75-15-0............ Carbon disulfide
Carbon tetrachloride......... 56-23-5............ Methane, tetrachloro-

Chlordane.................... 57-74-9............ 4,7-Methano-1H-
indene,
1,2,4,5,6,7,8,8-
octachloro-
2,3,3a,4,7,7a-
hexahydro-
p-Chloroaniline.............. 106-47-8........... Benzenamine, 4-
chloro-
Chlorobenzene................ 108-90-7........... Benzene, chloro-
Chlorobenzilate.............. 510-15-6........... Benzeneacetic acid,
4-chloro-[alpha]-(4-
chlorophenyl)-
[alpha]-hydroxy-,
ethyl ester
p-Chloro-m-cresol............ 59-50-7............ Phenol, 4-chloro-3-
methyl-
Chloroethane; Ethyl chloride. 75-00-3............ Ethane, chloro-
Chloroform................... 67-66-3............ Methane, trichloro-
2-Chloronaphthalene.......... 91-58-7............ Naphthalene, 2-
chloro-
2-Chlorophenol............... 95-57-8............ Phenol, 2-chloro-
4-Chlorophenyl phenyl ether.. 7005-72-3.......... Benzene, 1-chloro-4-
phenoxy-
Chloroprene.................. 126-99-8........... 1,3-Butadiene, 2-
chloro-
Chromium..................... (Total)............ Chromium
Chrysene..................... 218-01-9........... Chrysene
Cobalt....................... (Total)............ Cobalt
Copper....................... (Total)............ Copper
m-Cresol..................... 108-39-4........... Phenol, 3-methyl-
o-Cresol..................... 95-48-7............ Phenol, 2-methyl-
p-Cresol..................... 106-44-5........... Phenol, 4-methyl-
Cyanide...................... 57-12-5............ Cyanide
2,4-D; 2,4- 94-75-7............ Acetic acid, (2,4-
Dichlorophenoxyacetic acid. dichlorophenoxy)-
4,4'-DDD..................... 72-54-8............ Benzene 1,1'-(2,2-
dichloroethylidene)
bis[4-chloro-
4,4'-DDE..................... 72-55-9............ Benzene, 1,1'-
(dichloroethenylide
ne) bis[4-chloro-
4,4'-DDT..................... 50-29-3............ Benzene, 1,1'-(2,2,2-
trichloroethylidene
) bis[4-chloro-
Diallate..................... 2303-16-4.......... Carbamothioic acid,
bis(1-methylethyl)-
, S- (2,3- dichloro-
2-propenyl) ester
Dibenz[a,h]anthracene........ 53-70-3............ Dibenz[a,h]anthracen
e
Dibenzofuran................. 132-64-9........... Dibenzofuran
Dibromochloromethane; 124-48-1........... Methane,
Chlorodibromomethane. dibromochloro-
1,2-Dibromo-3-chloropropane; 96-12-8............ Propane, 1,2-dibromo-
DBCP. 3-chloro-
1,2-Dibromoethane; Ethylene 106-93-4........... Ethane, 1,2-dibromo-
dibromide.
Di-n-butyl phthalate......... 84-74-2............ 1,2-
Benzenedicarboxylic
acid, dibutyl ester
o-Dichlorobenzene............ 95-50-1............ Benzene, 1,2-
dichloro-
m-Dichlorobenzene............ 541-73-1........... Benzene, 1,3-
dichloro-
p-Dichlorobenzene............ 106-46-7........... Benzene, 1,4-
dichloro-
3,3'-Dichlorobenzidine....... 91-94-1............ [1,1'-Biphenyl]-4,4'-
diamine, 3,3'-
dichloro-
trans-1,4-Dichloro-2-butene.. 110-57-6........... 2-Butene, 1,4-
dichloro-, (E)-
Dichlorodifluoromethane...... 75-71-8............ Methane,
dichlorodifluoro-
1,1-Dichloroethane........... 75-34-3............ Ethane, 1,1-dichloro-

1,2-Dichloroethane; Ethylene 107-06-2........... Ethane, 1,2-dichloro-
dichloride.
1,1-Dichloroethylene; 75-35-4............ Ethene, 1,1-dichloro-
Vinylidene chloride.
trans-1,2-Dichloroethylene... 156-60-5........... Ethene, 1,2-dichloro-
, (E)-
2,4-Dichlorophenol........... 120-83-2........... Phenol, 2,4-dichloro-

2,6-Dichlorophenol........... 87-65-0............ Phenol, 2,6-dichloro-

1,2-Dichloropropane.......... 78-87-5............ Propane, 1,2-
dichloro-
cis-1,3-Dichloropropene...... 10061-01-5......... 1-Propene, 1,3-
dichloro-, (Z)-
trans-1,3-Dichloropropene.... 10061-02-6......... 1-Propene, 1,3-
dichloro-, (E)-
Dieldrin..................... 60-57-1............ 2,7:3,6-
Dimethanonaphth
[2,3-b]oxirene,
3,4,5,6,9,9-
hexachloro-
1a,2,2a,3,6,6a,7,7a-
octahydro-,
(1a[alpha],2[beta],
2a[alpha],3[beta],6
[beta];,6a[alpha],7
[beta],7a[alpha])-
Diethyl phthalate............ 84-66-2............ 1,2-
Benzenedicarboxylic
acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl 297-97-2........... Phosphorothioic
phosphorothioate; Thionazin. acid, O,O-diethyl O-
pyrazinyl ester
Dimethoate................... 60-51-5............ Phosphorodithioic
acid, O,O-dimethyl
S-[2-(methylamino)-
2-oxoethyl]
ester
p-(Dimethylamino)azobenzene.. 60-11-7............ Benzenamine, N,N-
dimethyl-4-
(phenylazo)-
7,12- 57-97-6............ Benz[a]anthracene,
Dimethylbenz[a]anthracene. 7,12- dimethyl-
3,3'-Dimethylbenzidine....... 119-93-7........... [1,1'-Biphenyl]-4,4'-
diamine, 3,3'-
dimethyl-
alpha, alpha- 122-09-8........... Benzeneethanamine,
Dimethylphenethylamine. [alpha],[alpha]-
dimethyl-
2,4-Dimethylphenol........... 105-67-9........... Phenol, 2,4-dimethyl-

Dimethyl phthalate........... 131-11-3........... 1,2-
Benzenedicarboxylic
acid, dimethyl
ester
m-Dinitrobenzene............. 99-65-0............ Benzene, 1,3-dinitro-

4,6-Dinitro-o-cresol......... 534-52-1........... Phenol, 2-methyl-4,6-
dinitro-
2,4-Dinitrophenol............ 51-28-5............ Phenol, 2,4-dinitro-

[[Page 66293]]

2,4-Dinitrotoluene........... 121-14-2........... Benzene, 1-methyl-
2,4-dinitro-
2,6-Dinitrotoluene........... 606-20-2........... Benzene, 2-methyl-
1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl- 88-85-7............ Phenol, 2-(1-
4,6-dinitrophenol. methylpropyl)-4,6-
dinitro-
Di-n-octyl phthalate......... 117-84-0........... 1,2-
Benzenedicarboxylic
acid, dioctyl ester
1,4-Dioxane.................. 123-91-1........... 1,4-Dioxane
Diphenylamine................ 122-39-4........... Benzenamine, N-
phenyl-
Disulfoton................... 298-04-4........... Phosphorodithioic
acid, O,O-diethyl S-
[2-
(ethylthio)ethyl]es
ter
Endosulfan I................. 959-98-8........... 6,9-Methano-2,4,3-
benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3-
oxide,
(3[alpha],5a[beta],
6[alpha],9[alpha],9
a[beta])-
Endosulfan II................ 33213-65-9......... 6,9-Methano-2,4,3-
benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3-
oxide,
(3[alpha],5a[alpha]
,6[beta],9[beta],9a
[alpha])-
Endosulfan sulfate........... 1031-07-8.......... 6,9-Methano-2,4,3-
benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-
1,5,5a,6,9,9a-
hexahydro-, 3,3-
dioxide
Endrin....................... 72-20-8............ 2,7:3,6-
Dimethanonaphth[2,3-
b]oxirene,
3,4,5,6,9,9-
hexachloro-
1a,2,2a,3,6,6a,7,7a-
octahydro-,
(1a[alpha],2[beta],
2a[beta],3[alpha],6
[alpha],
6a[beta],7[beta],
7a[alpha])-
Endrin aldehyde.............. 7421-93-4.......... 1,2,4-
Methenocyclopenta[c
d]pentalene-5-
carboxaldehyde,2,2a
,3,3,4,7-
hexachlorodecahydro-
,(1[alpha],2[beta],
2a[beta],4[beta],4a
[beta],5[beta],6a[b
eta], 6b[beta],7R*)-

Ethylbenzene................. 100-41-4........... Benzene, ethyl-
Ethyl methacrylate........... 97-63-2............ 2-Propenoic acid, 2-
methyl-, ethyl
ester
Ethyl methanesulfonate....... 62-50-0............ Methanesulfonic
acid, ethyl ester
Famphur...................... 52-85-7............ Phosphorothioic
acid, O-[4-
[(dimethylamino)sul
fonyl]pheny l]-O,O-
dimethyl ester
Fluoranthene................. 206-44-0........... Fluoranthene
Fluorene..................... 86-73-7............ 9H-Fluorene
Heptachlor................... 76-44-8............ 4,7-Methano-1H-
indene,
1,4,5,6,7,8,8-
heptachloro-
3a,4,7,7a-
tetrahydro-
Heptachlor epoxide........... 1024-57-3.......... 2,5-Methano-2H-
indeno[1,2-
b]oxirene,
2,3,4,5,6,7,7-
heptachloro-
1a,1b,5,5a,6,6a,-
hexahydro-,
(1a[alpha],1b[beta]
,2[alpha],5[alpha],
5a[beta],6[beta],6a
[alpha])
Hexachlorobenzene............ 118-74-1........... Benzene, hexachloro-
Hexachlorobutadiene.......... 87-68-3............ 1,3-Butadiene,
1,1,2,3,4,4-
hexachloro-
Hexachlorocyclopentadiene.... 77-47-4............ 1,3-Cyclopentadiene,
1,2,3,4,5,5-
hexachloro-
Hexachloroethane............. 67-72-1............ Ethane, hexachloro-
Hexachlorophene.............. 70-30-4............ Phenol, 2,2'-
methylenebis[3,4,6-
trichloro-
Hexachloropropene............ 1888-71-7.......... 1-Propene,
1,1,2,3,3,3-
hexachloro-
2-Hexanone................... 591-78-6........... 2-Hexanone
Indeno(1,2,3-cd)pyrene....... 193-39-5........... Indeno[1,2,3-
cd]pyrene
Isobutyl alcohol............. 78-83-1............ 1-Propanol, 2-methyl-

Isodrin...................... 465-73-6........... 1,4,5,8-
Dimethanonaphthalen
e,1,2,3,4,1 0,10-
hexachloro-
1,4,4a,5,8,8a
hexahydro-
(1[alpha],4[alpha],
4a[beta],5[beta],8[
beta],8a[beta])-
Isophorone................... 78-59-1............ 2-Cyclohexen-1-one,
3,5,5-trimethyl-
Isosafrole................... 120-58-1........... 1,3-Benzodioxole, 5-
(1-propenyl)-
Kepone....................... 143-50-0........... 1,3,4-Metheno-2H-
cyclobuta-
[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,
5b,6-
decachlorooctahydro-

Lead......................... (Total)............ Lead
Mercury...................... (Total)............ Mercury
Methacrylonitrile............ 126-98-7........... 2-Propenenitrile, 2-
methyl-
Methapyrilene................ 91-80-5............ 1,2,Ethanediamine,
N,N-dimethyl-N'-2-
pyridinyl- N'-(2-
thienylmethyl)-
Methoxychlor................. 72-43-5............ Benzene, 1,1'-
(2,2,2,trichloroeth
ylidene)bis [4-
methoxy-
Methyl bromide; Bromomethane. 74-83-9............ Methane, bromo-
Methyl chloride; 74-87-3............ Methane, chloro-
Chloromethane.
3-Methylcholanthrene......... 56-49-5............ Benz[j]aceanthrylene
, 1,2- dihydro-3-
methyl-
Methylene bromide; 74-95-3............ Methane, dibromo-
Dibromomethane.
Methylene chloride; 75-09-2............ Methane, dichloro-
Dichloromethane.
Methyl ethyl ketone; MEK..... 78-93-3............ 2-Butanone
Methyl iodide; Iodomethane... 74-88-4............ Methane, iodo-
Methyl methacrylate.......... 80-62-6............ 2-Propenoic acid, 2-
methyl-, methyl
ester
Methyl methanesulfonate...... 66-27-3............ Methanesulfonic
acid, methyl ester
2-Methylnaphthalene.......... 91-57-6............ Naphthalene, 2-
methyl-
Methyl parathion; Parathion 298-00-0........... Phosphorothioic
methyl. acid, O,O- dimethyl
O-(4-nitrophenyl)
ester
4-Methyl-2-pentanone; Methyl 108-10-1........... 2-Pentanone, 4-
isobutyl ketone. methyl-
Naphthalene.................. 91-20-3............ Naphthalene
1,4-Naphthoquinone........... 130-15-4........... 1,4-Naphthalenedione
1-Naphthylamine.............. 134-32-7........... 1-Naphthalenamine
2-Naphthylamine.............. 91-59-8............ 2-Naphthalenamine
Nickel....................... (Total)............ Nickel
o-Nitroaniline............... 88-74-4............ Benzenamine, 2-nitro-

[[Page 66294]]

m-Nitroaniline............... 99-09-2............ Benzenamine, 3-nitro-

p-Nitroaniline............... 100-01-6........... Benzenamine, 4-nitro-

Nitrobenzene................. 98-95-3............ Benzene, nitro-
o-Nitrophenol................ 88-75-5............ Phenol, 2-nitro-
p-Nitrophenol................ 100-02-7........... Phenol, 4-nitro-
4-Nitroquinoline 1-oxide..... 56-57-5............ Quinoline, 4-nitro-,
1-oxide
N-Nitrosodi-n-butylamine..... 924-16-3........... 1-Butanamine, N-
butyl-N-nitroso-
N-Nitrosodiethylamine........ 55-18-5............ Ethanamine, N-ethyl-
N-nitroso-
N-Nitrosodimethylamine....... 62-75-9............ Methanamine, N-
methyl-N-nitroso-
N-Nitrosodiphenylamine....... 86-30-6............ Benzenamine, N-
nitroso-N-phenyl-
N-Nitrosodipropylamine; Di-n- 621-64-7........... 1-Propanamine, N-
propylnitrosamine. nitroso-N- propyl-
N-Nitrosomethylethylamine.... 10595-95-6......... Ethanamine, N-methyl-
N-nitroso-
N-Nitrosomorpholine.......... 59-89-2............ Morpholine, 4-
nitroso-
N-Nitrosopiperidine.......... 100-75-4........... Piperidine, 1-
nitroso-
N-Nitrosopyrrolidine......... 930-55-2........... Pyrrolidine, 1-
nitroso-
5-Nitro-o-toluidine.......... 99-55-8............ Benzenamine, 2-
methyl-5-nitro-
Parathion.................... 56-38-2............ Phosphorothioic
acid, O,O- diethyl-
O-(4-nitrophenyl)
ester
Polychlorinated biphenyls; See Note 4......... 1,1'-Biphenyl,
PCBs. chloro derivatives
Polychlorinated dibenzo-p- See Note 5......... Dibenzo[b,e][1,4]dio
dioxins; PCDDs. xin, chloro
derivatives
Polychlorinated See Note 6......... Dibenzofuran, chloro
dibenzofurans; PCDFs. derivatives
Pentachlorobenzene........... 608-93-5........... Benzene, pentachloro-

Pentachloroethane............ 76-01-7............ Ethane, pentachloro-
Pentachloronitrobenzene...... 82-68-8............ Benzene,
pentachloronitro-
Pentachlorophenol............ 87-86-5............ Phenol, pentachloro-
Phenacetin................... 62-44-2............ Acetamide, N-(4-
ethoxyphenyl)
Phenanthrene................. 85-01-8............ Phenanthrene
Phenol....................... 108-95-2........... Phenol
p-Phenylenediamine........... 106-50-3........... 1,4-Benzenediamine
Phorate...................... 298-02-2........... Phosphorodithioic
acid, O,O- diethyl
S-
[(ethylthio)methyl]
ester
2-Picoline................... 109-06-8........... Pyridine, 2-methyl-
Pronamide.................... 23950-58-5......... Benzamide, 3,5-
dichloro-N-(1,1-
dimethyl-2-
propynyl)-
Propionitrile; Ethyl cyanide. 107-12-0........... Propanenitrile
Pyrene....................... 129-00-0........... Pyrene
Pyridine..................... 110-86-1........... Pyridine
Safrole...................... 94-59-7............ 1,3-Benzodioxole, 5-
(2- propenyl)-
Selenium..................... (Total)............ Selenium
Silver....................... (Total)............ Silver
Silvex; 2,4,5-TP............. 93-72-1............ Propanoic acid, 2-
(2,4,5-
trichlorophenoxy)-
Styrene...................... 100-42-5........... Benzene, ethenyl-
Sulfide...................... 18496-25-8......... Sulfide
2,4,5-T;2,4,5 93-76-5............ Acetic acid, (2,4,5-
Trichlorophenoxyacetic acid. 2,4,5-
trichlorophenoxy)-
2,3,7,8-TCDD; 2,3,7,8- 1746-01-6.......... Dibenzo[b,e][1,4]dio
Tetrachlorodibenzo-p-dioxin. xin, 2,3,7,8-
tetrachloro-
1,2,4,5-Tetrachlorobenzene... 95-94-3............ Benzene, 1,2,4,5-
tetrachloro-
1,1,1,2-Tetrachloroethane.... 630-20-6........... Ethane, 1,1,1,2-
tetrachloro-
1,1,2,2-Tetrachloroethane.... 79-34-5............ Ethane, 1,1,2,2-
tetrachloro-
Tetrachloroethylene; 127-18-4........... Ethene, tetrachloro-
Perchloroethylene;
Tetrachloroethene.
2,3,4,6-Tetrachlorophenol.... 58-90-2............ Phenol, 2,3,4,6-
tetrachloro-
Tetraethyl 3689-24-5.......... Thiodiphosphoric
dithiopyrophosphate; acid ([(HO)₂ P(S)]₂
Sulfotepp. O), tetraethyl
ester
Thallium..................... (Total)............ Thallium
Tin.......................... (Total)............ Tin
Toluene...................... 108-88-3........... Benzene, methyl-
o-Toluidine.................. 95-53-4............ Benzenamine, 2-
methyl-
Toxaphene.................... 8001-35-2.......... Toxaphene
1,2,4-Trichlorobenzene....... 120-82-1........... Benzene, 1,2,4-
trichloro-
1,1,1-Trichloroethane; 71-55-6............ Ethane, 1,1,1-
Methylchloroform. trichloro-
1,1,2-Trichloroethane........ 79-00-5............ Ethane, 1,1,2-
trichloro-
Trichloroethylene; 79-01-6............ Ethene, trichloro-
Trichloroethene.
Trichlorofluoromethane....... 75-69-4............ Methane,
trichlorofluoro-
2,4,5-Trichlorophenol........ 95-95-4............ Phenol, 2,4,5-
trichloro-
2,4,6-Trichlorophenol........ 88-06-2............ Phenol, 2,4,6-
trichloro-
1,2,3-Trichloropropane....... 96-18-4............ Propane, 1,2,3-
trichloro-
O,O,O-Triethyl 126-68-1........... Phosphorothioic
phosphorothioate. acid, O,O,O-
triethyl ester
sym-Trinitrobenzene.......... 99-35-4............ Benzene, 1,3,5-
trinitro-
Vanadium..................... (Total)............ Vanadium
Vinyl acetate................ 108-05-4........... Acetic acid, ethenyl
ester
Vinyl chloride............... 75-01-4............ Ethene, chloro-
Xylene (total)............... 1330-20-7.......... Benzene, dimethyl-
Zinc......................... (Total)............ Zinc
------------------------------------------------------------------------
\1\ Common names are those widely used in government regulations,
scientific publications, and commerce; synonyms exist for many
chemicals.

[[Page 66295]]

\2\ Chemical Abstracts Service registry number. Where ``Total'' is
entered, all species in the ground water that contain this element are
included.
\3\ CAS index names are those used in the 9th Cumulative Index.
\4\ Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains
congener chemicals, including constituents of Aroclor-1016 (CAS RN
12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN
11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN
12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS
RN 11096-82-5).
\5\ This category contains congener chemicals, including
tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD),
pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins.
\6\ This category contains congener chemicals, including
tetrachlorodibenzofurans, pentachlorodibenzofurans, and
hexachlorodibenzofurans.

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

24. The authority citation for part 265 continues to read as
follows:

Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936 and 6937, unless otherwise noted.

Subpart AA--Air Emission Standards for Process Vents

25. Section 265.1034 is amended by revising paragraphs (c)(1)(ii),
(c)(1)(iv), (d)(1)(iii) and (f) to read as follows:

Sec. 265.1034 Test methods and procedures.

(B) For sources utilizing Method 25A.

E_h = (Q)(C)(MW)(0.0416)(10-6)

Where:
E_h = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device,
as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760
mm Hg);
10-6 = Conversion from ppm.
* * * * *
(d) * * *
(1) * * *
(iii) Each sample shall be analyzed and the total organic
concentration of the sample shall be computed using Method 9060
(incorporated by reference under Sec. 260.11) of ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846; or analyzed for its individual organic constituents by using
appropriate methods such as Method 8260 of EPA Publication SW-846, or
using appropriate methods from other reliable sources.
* * * * *
(f) When an owner or operator and the Regional Administrator do not
agree on whether a distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation manages a
hazardous waste with organic concentrations of at least 10 ppmw based
on knowledge of the waste, the dispute may be resolved using an
appropriate method such as Method 8260 of ``Test Methods for Evaluating
Solid Waste'' (EPA Publication SW-846) or using appropriate methods
from other reliable sources.

Subpart BB--Air Emission Standards for Equipment Leaks

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

Sec. 265.1063 Test methods and procedures.

* * * * *
(d) * * *
(2) Method 9060 (incorporated by reference under Sec. 260.11) of
``Test Methods for Evaluating Solid Waste,'' EPA Publication SW-846 or
analyzed for its individual organic constituents by using appropriate
methods such as Method 8260 of EPA Publication SW-846 or using
appropriate methods from other reliable sources; or
* * * * *

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

27. Section 265.1081 is amended by revising the definition ``Waste
stabilization process'' to read as follows:

Sec. 265.1081 Definitions.

* * * * *
Waste stabilization process means any physical or chemical process
used to either reduce the mobility of hazardous constituents in a
hazardous waste or eliminate free liquids as determined by Test Method
9095 (Paint Filter Liquids Test) in ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as
incorporated by reference in Sec. 260.11. A waste stabilization
process includes mixing the hazardous waste with binders or other
materials, and curing the resulting hazardous waste and binder mixture.
Other synonymous terms used to refer to this process are ``waste
fixation'' or ``waste solidification.'' This does not include the
adding of absorbent materials to the surface of a waste, without
mixing, agitation, or subsequent curing, to absorb free liquid.
28. Section 265.1084 is amended by revising paragraphs
(a)(3)(ii)(C), (a)(3)(iii), (b)(3)(ii)(C), (b)(3)(iii), and (c)(3)(i)
to read as follows:

Sec. 265.1084 Waste determination procedures.

(a) * * *
(3) * * *
(ii) * * *
(C) All samples shall be collected and handled in accordance with
written procedures prepared by the owner or operator and documented in
a site sampling plan. This plan shall describe the procedure by which
representative samples of the hazardous waste stream are collected such
that a minimum loss

[[Page 66296]]

of organics occurs throughout the sample collection and handling
process, and by which sample integrity is maintained. A copy of the
written sampling plan shall be maintained on-site in the facility
operating records. An example of an acceptable sampling plan includes a
plan incorporating sample collection and handling procedures in
accordance with the guidance found in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, or in
Method 25D in 40 CFR part 60, appendix A.
* * * * *
(iii) Analysis. Each collected sample shall be prepared and
analyzed in accordance with Method 25D in 40 CFR part 60, appendix A,
or using one or more other appropriate methods from other reliable
sources. If Method 25D in 40 CFR part 60, appendix A is not used, then
one or more methods should be chosen that are appropriate to ensure
that the waste determination accounts for and reflects all organic
compounds in the waste with Henry's law constant values at least 0.1
mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1
Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/
gram-mole/m3]
at 25 degrees Celsius. Examples of other
methods from other reliable sources which might be appropriate include
Method 8260 or 8270 in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846; or Method 624,
625, 1624, or 1625 of 40 CFR part 136, appendix A. At the owner or
operator's discretion, the owner or operator may adjust test data
obtained by any appropriate method to discount any contribution to the
total volatile organic concentration that is a result of including a
compound with a Henry's law constant value of less than 0.1 Y/X at 25
degrees Celsius. To adjust these data, the measured concentration of
each individual chemical constituent contained in the waste is
multiplied by the appropriate constituent-specific adjustment factor
(f_m25D). If the owner or operator elects to adjust test
data, the adjustment must be made to all individual chemical
constituents with a Henry's law constant value greater than or equal to
0.1 Y/X at 25 degrees Celsius contained in the waste. Constituent-
specific adjustment factors (f_m25D) can be obtained by
contacting the Waste and Chemical Processes Group, Office of Air
Quality Planning and Standards, Research Triangle Park, NC 27711. In
addition to the requirement to reflect all organic compounds in the
waste with Henry's law constant values greater than or equal to 0.1 Y/X
[which can also be expressed as 1.8 x 10-6 atmospheres/gram-
mole/m3]
at 25 degrees Celsius, other appropriate methods
include:
(A) Any EPA standard method that has been validated in accordance
with ``Alternative Validation Procedure for EPA Waste and Wastewater
Methods'', 40 CFR part 63, appendix D.
(B) Any other analysis method that has been validated in accordance
with the procedures specified in Section 5.1 or Section 5.3, and the
corresponding calculations in Section 6.1 or Section 6.3, of Method 301
in 40 CFR part 63, appendix A. The data are acceptable if they meet the
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under section 6.3.3 of Method 301, the data are
acceptable if the correction factor is within the range 0.7 to 1.30.
Other sections of Method 301 are not required.
* * * * *
(b) * * *
(3) * * *
(ii) * * *
(C) All samples shall be collected and handled in accordance with
written procedures prepared by the owner or operator and documented in
a site sampling plan. This plan shall describe the procedure by which
representative samples of the hazardous waste stream are collected such
that a minimum loss of organics occurs throughout the sample collection
and handling process, and by which sample integrity is maintained. A
copy of the written sampling plan shall be maintained on-site in the
facility operating records. An example of an acceptable sampling plan
includes a plan incorporating sample collection and handling procedures
in accordance with the guidance found in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, or in
Method 25D in 40 CFR part 60, appendix A.
* * * * *
(iii) Analysis. Each collected sample shall be prepared and
analyzed in accordance with Method 25D in 40 CFR part 60, appendix A,
or using one or more appropriate methods from other reliable sources.
When the owner or operator is making a waste determination for a
treated hazardous waste that is to be compared to an average VO
concentration at the point of waste origination or the point of waste
entry to the treatment system, to determine if the conditions of Sec.
264.1082(c)(2)(i) through (c)(2)(vi) of this part, or Sec.
265.1083(c)(2)(i) through (c)(2)(vi) of this subpart are met, then the
waste samples shall be prepared and analyzed using the same method or
methods as were used in making the initial waste determinations at the
point of waste origination or at the point of entry to the treatment
system. If Method 25D in 40 CFR part 60, appendix A is not used, then
one or more methods should be chosen that are appropriate to ensure
that the waste determination accounts for and reflects all organic
compounds in the waste with Henry's law constant values at least 0.1
mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1
Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/
gram-mole/m3]
at 25 degrees Celsius. Examples of other
methods from other reliable sources which might be appropriate include
Method 8260 or 8270 in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846; or Method 624,
625, 1624, or 1625 of 40 CFR part 136, appendix A. At the owner or
operator's discretion, the owner or operator may adjust test data
obtained by any appropriate method to discount any contribution to the
total volatile organic concentration that is a result of including a
compound with a Henry's law constant value less than 0.1 Y/X at 25
degrees Celsius. To adjust these data, the measured concentration of
each individual chemical constituent in the waste is multiplied by the
appropriate constituent-specific adjustment factor (f_m25D).
If the owner or operator elects to adjust test data, the adjustment
must be made to all individual chemical constituents with a Henry's law
constant value greater than or equal to 0.1 Y/X at 25 degrees Celsius
contained in the waste. Constituent-specific adjustment factors
(f_m25D) can be obtained by contacting the Waste and Chemical
Processes Group, Office of Air Quality Planning and Standards, Research
Triangle Park, NC 27711. In addition to the requirement to reflect all
organic compounds in the waste with Henry's law constant values greater
than or equal to 0.1 Y/X [which can also be expressed as 1.8 x
10-6 atmospheres/gram-mole/m3]
at 25 degrees
Celsius, other appropriate methods include:
(A) Any EPA standard method that has been validated in accordance
with ``Alternative Validation Procedure for EPA Waste and Wastewater
Methods'', 40 CFR part 63, appendix D.
(B) Any other analysis method that has been validated in accordance
with the procedures specified in Section 5.1 or Section 5.3, and the
corresponding calculations in Section 6.1 or Section 6.3, of Method 301
in 40 CFR part 63, appendix A. The data are acceptable if they meet the
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under

[[Page 66297]]

section 6.3.3 of Method 301, the data are acceptable if the correction
factor is within the range 0.7 to 1.30. Other sections of Method 301
are not required.
* * * * *
(c) * * *
(3) * * *
(i) Sampling. A sufficient number of samples shall be collected to
be representative of the waste contained in the tank. All samples shall
be collected and handled in accordance with written procedures prepared
by the owner or operator and documented in a site sampling plan. This
plan shall describe the procedure by which representative samples of
the hazardous waste are collected such that a minimum loss of organics
occurs throughout the sample collection and handling process and by
which sample integrity is maintained. A copy of the written sampling
plan shall be maintained on-site in the facility operating records. An
example of an acceptable sampling plan includes a plan incorporating
sample collection and handling procedures in accordance with the
guidance found in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, or in Method 25D in 40 CFR
part 60, appendix A.
* * * * *

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

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

Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 6906,
6912, 6922, 6924-6927 and 6937.

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

30. Section 266.100 is amended by revising paragraphs (d)(1)(ii)
and (g)(2) to read as follows:

Sec. 266.100 Applicability.

* * * * *
(d) * * *
(1) * * *
(ii) Sample and analyze the hazardous waste and other feedstocks as
necessary to comply with the requirements of this paragraph by using
appropriate methods such as those found in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846, or other reliable sources. The owner or operator shall use the
best available method for the particular determination; and
* * * * *
(g) * * *
(2) Sample and analyze the hazardous waste as necessary to document
that the waste is burned for recovery of economically significant
amounts of precious metal, by using appropriate methods such as those
found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication SW-846, or other reliable sources. The owner
or operator shall use the best available method for the particular
determination; and
* * * * *
31. Section 266.102 is amended by revising paragraph (b)(1) to read
as follows:

Sec. 266.102 Permit standards for burners.

* * * * *
(b) Hazardous waste analysis. (1) The owner or operator must
provide an analysis of the hazardous waste that quantifies the
concentration of any constituent identified in appendix VIII of part
261 of this chapter that may reasonably be expected to be in the waste.
Such constituents must be identified and quantified if present, at
levels detectable by using appropriate analytical procedures such as
those found in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, or other reliable sources.
The owner or operator shall use the best available method for the
particular determination. The appendix VIII, part 261 constituents
excluded from this analysis must be identified and the basis for their
exclusion explained. This analysis will be used to provide all
information required by this subpart and Sec. Sec. 270.22 and 270.66
of this chapter and to enable the permit writer to prescribe such
permit conditions as necessary to protect human health and the
environment. Such analysis must be included as a portion of the part B
permit application, or, for facilities operating under the interim
status standards of this subpart, as a portion of the trial burn plan
that may be submitted before the part B application under provisions of
Sec. 270.66(g) of this chapter as well as any other analysis required
by the permit authority in preparing the permit. Owners and operators
of boilers and industrial furnaces not operating under the interim
status standards must provide the information required by Sec. Sec.
270.22 or 270.66(c) of this chapter in the part B application to the
greatest extent possible.
* * * * *
32. Section 266.106 is amended by revising paragraph (a) to read as
follows:

Sec. 266.106 Standards to control metals emissions.

(a) General. The owner or operator must comply with the metals
standards provided by paragraphs (b), (c), (d), (e), or (f) of this
section for each metal listed in paragraph (b) of this section that is
present in the hazardous waste at detectable levels by using
appropriate analytical procedures such as those found in ``Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods'' (EPA
Publication SW-846) or other reliable sources.
* * * * *
33. Section 266.112 is amended by revising paragraph (b)(1),
introductory text, and paragraph (b)(2)(i) to read as follows:

Sec. 266.112 Regulation of residues.

* * * * *
(b) * * *
(1) Comparison of waste-derived residue with normal residue. The
waste-derived residue must not contain appendix VIII, part 261
constituents (toxic constituents) that could reasonably be attributable
to the hazardous waste at concentrations significantly higher than in
residue generated without burning or processing of hazardous waste,
using the following procedure. Toxic compounds that could reasonably be
attributable to burning or processing the hazardous waste (constituents
of concern) include toxic constituents in the hazardous waste, and the
organic compounds listed in appendix VIII of this part that may be
generated as products of incomplete combustion. Sampling and analyses
shall be conducted by using appropriate methods such as those found in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, or other reliable sources. For polychlorinated
dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be
performed to determine specific congeners and homologues, and the
results converted to 2,3,7,8-TCDD equivalent values using the procedure
specified in section 4.0 of appendix IX of this part.
* * * * *
(2) Comparison of waste-derived residue concentrations with health-
based limits--(i) Nonmetal constituents. The concentration of each
nonmetal toxic constituent of concern (specified in paragraph (b)(1) of
this section) in the waste-derived residue must not exceed the health-
based level specified in appendix VII of this part, or the level of
detection (which must be determined by using appropriate analytical
procedures such as those contained in ``Test

[[Page 66298]]

Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846, or other reliable sources), whichever is higher. If
a health-based limit for a constituent of concern is not listed in
appendix VII of this part, then a limit of 0.002 micrograms per
kilogram or the level of detection (which must be determined by using
appropriate analytical procedures such as those found in EPA
Publication SW-846 or other reliable sources), whichever is higher,
must be used. The levels specified in appendix VII of this part (and
the default level of 0.002 micrograms per kilogram or the level of
detection for constituents as identified in Note 1 of appendix VII of
this chapter) are administratively stayed under the condition, for
those constituents specified in paragraph (b)(1) of this section, that
the owner or operator complies with alternative levels defined as the
land disposal restriction limits specified in Sec. 268.43 of this
chapter for F039 nonwastewaters. In complying with those alternative
levels, if an owner or operator is unable to detect a constituent
despite documenting use of best good-faith efforts as defined by
applicable Agency guidance or standards, the owner or operator is
deemed to be in compliance for that constituent. Until new guidance or
standards are developed, the owner or operator may demonstrate such
good-faith efforts by achieving a detection limit for the constituent
that does not exceed an order of magnitude above the level provided by
Sec. 268.43 of this chapter for F039 nonwastewaters. In complying with
the Sec. 268.43 of this chapter F039 nonwastewater levels for
polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans,
analyses must be performed for total hexachlorodibenzo-p-dioxins, total
hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total
pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins, and total
tetrachlorodibenzofurans. Note to paragraph (b)(2)(i): The
administrative stay, under the condition that the owner or operator
complies with alternative levels defined as the land disposal
restriction limits specified in Sec. 268.43 of this chapter for F039
nonwastewaters, remains in effect until further administrative action
is taken and notice is published in the Federal Register and the Code
of Federal Regulations.
* * * * *
34. Appendix IX of part 266 is amended to:
a. Revise sections 1.0 and section 3.0,
b. Revise the first paragraph of section 4.0,
c. Revise paragraph (2) of section 10.3,
d. Revise the fifth bullet of paragraph (1) of section 10.5,
e. Revise the third dash text under the second bullet of paragraph
(2) of section 10.5,
f. Revise the third and fifth bullets of paragraph (5) of section
10.5,
g. Revise the fourth bullet of paragraph (1) of section 10.6,
h. Revise the third and fourth bullets of paragraph (5) of section
10.6.
The revisions read as follows:

Appendix IX--Methods Manual for Compliance with the BIF Regulations

* * * * *

Section 1.0 Introduction

This document presents required methods for demonstrating
compliance with U.S. Environmental Protection Agency regulations for
boilers and industrial furnaces (BIFs) burning hazardous waste (see
40 CFR part 266, subpart H). The methods included in this document
are:
1. Performance Specifications for Continuous Emission Monitoring
(CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.
2. Procedures for Estimating the Toxicity Equivalency of
Chlorinated Dibenzo-p-dioxin and Dibenzofuran Congeners.
3. Hazardous Waste Combustion Air Quality Screening Procedures
(HWCAQSP).
4. Simplified Land Use Classification Procedure for Compliance
with Tier I and Tier II Limits.
5. Statistical Methodology for Bevill Residue Determinations.
6. Procedures for Determining Default Values for Air Pollution
Control System Removal Efficiencies.
7. Procedures for Determining Default Values for Partitioning of
Metals, Ash, and Total Chloride/Chlorine.
8. Alternate Methodology for Implementing Metals Controls.
a. Sampling and analytical methods for multiple metals,
hexavalent chromium, HCl and chlorine, polychlorinated dibenzo-p-
dioxins and dibenzofurans, and aldehydes and ketones can be found in
``Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods'' (EPA Publication SW-846). Additional methods referenced in
subpart H of part 266 but not included in this document can be found
in 40 CFR parts 60 and 61, and SW-846.
b. The CEM performance specifications of section 2.0, the
relevant sampling Methods 0011, 0023A, 0050, 0051, 0060, and 0061 of
SW-846, incorporated by reference in Sec. 260.11, and the toxicity
equivalency procedure for dioxins and furans of section 4.0 are
required procedures for determining compliance with BIF regulations.
For the determination of chloride from HCl/Cl₂ emission
sampling train, you must use appropriate methods such as Method 9057
of SW-846 or other appropriate methods from other reliable sources.
For the determination of carbonyl compounds by high-performance
liquid chromatography, you must use appropriate methods such as
Method 8315 of SW-846 or other appropriate methods from other
reliable sources. The CEM performance specifications are interim.
The finalized CEM performance specifications will be published in 40
CFR parts 60 and 61.
* * * * *

Section 3.0 Sampling and Analytical Methods

Note: The sampling and analytical methods to the BIF manual are
published in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846.

Section 4.0 Procedure for Estimating the Toxicity Equivalency of
Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners

PCDDs and PCDFs must be determined using the most recent version of
SW-846 Method 0023A, as identified and incorporated by reference in
Sec. 260.11. In this method, individual congeners or
homologues1 are measured and then summed to yield a total
PCDD/PCDF value. No toxicity factors are specified in the method to
compute risks from such emissions.
* * * * *

Section 10.0--Alternative Methodology for Implementing Metals Controls

* * * * *
10.3 Basis
* * * * *
(2) The metal concentrations in the collected kiln dust can be
accurately and representatively measured (by using appropriate
procedures such as those found in ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods'' (EPA Publication SW-846) or other
reliable sources).
* * * * *
10.5 Implementation Procedures
* * * * *
(1) * * *
? Follow appropriate guidelines such as those described in
SW-846 or other reliable sources for preparing test plans and waste
analysis plans for the following tests:
* * * * *
(2) * * *
--Follow appropriate sampling and analytical procedures such as
those described in SW-846 or other reliable sources and the waste
analysis plan as they pertain to the condition and accessibility of the
dust.
* * * * *
(5) * * *
? Follow the sampling, compositing, and analytical procedures
described in this method and in other appropriate

[[Page 66299]]

methods such as those found in SW-846 or other reliable sources, as
they pertain to the condition and accessibility of the kiln dust.
* * *
? Samples must be collected at least once every 8 hours, and
a daily composite must be prepared according to appropriate procedures
such as those found in SW-846 or other reliable sources.
* * * * *
10.6 Precompliance Procedures
* * * * *
(1) * * *
? Follow appropriate procedures such as those described in
SW-846 or other reliable sources for preparing waste analysis plans for
the following tasks:
* * * * *
(5) * * *
? Follow the sampling, compositing, and analytical procedures
described in this method and in other appropriate methods such as those
found in SW-846 or other reliable sources as they pertain to the
condition and accessibility of the kiln dust.
? Samples must be collected at least once every 8 hours, and
a daily composite must be prepared according to appropriate procedures
such as those found in SW-846 or other reliable sources.
* * * * *

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

35. The authority citation for part 270 continues to read as
follows:

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.

Subpart B--Permit Application

36. Section 270.19 is amended by revising paragraphs (c)(1)(iii)
and (iv) to read as follows:

Sec. 270.19 Specific part B information requirements for
incinerators.

* * * * *
(c) * * *
(1) * * *
(iii) An identification of any hazardous organic constituents
listed in part 261, appendix VIII, of this chapter, which are present
in the waste to be burned, except that the applicant need not analyze
for constituents listed in part 261, appendix VIII, of this chapter
which would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified and the basis
for their exclusion stated. The waste analysis must rely on appropriate
analytical techniques such as those found in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846, or other reliable sources.
(iv) An approximate quantification of the hazardous constituents
identified in the waste, within the precision produced by appropriate
analytical methods such as those found in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, or
other reliable sources.
* * * * *
37. Section 270.22 is amended by revising paragraph (a)(2)(ii)(B)
to read as follows:

Sec. 270.22 Specific part B information requirements for boilers and
industrial furnaces burning hazardous wastes.

* * * * *
(a) * * *
(2) * * *
(ii) * * *
(B) Results of analyses of each waste to be burned, documenting the
concentrations of nonmetal compounds listed in appendix VIII of part
261 of this chapter, except for those constituents that would
reasonably not be expected to be in the waste. The constituents
excluded from analysis must be identified and the basis for their
exclusion explained. The analysis must rely on appropriate analytical
techniques such as those found in Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods, EPA Publication SW-846, or other
reliable sources.
* * * * *

Subpart F--Special Forms of Permits

38. Section 270.62 is amended by revising paragraphs (b)(2)(i)(C)
and (D) to read as follows:

Sec. 270.62 Hazardous waste incinerator permits.

* * * * *
(b) * * *
(2) * * *
(i) * * *
(C) An identification of any hazardous organic constituents listed
in part 261, appendix VIII of this chapter, which are present in the
waste to be burned, except that the applicant need not analyze for
constituents listed in part 261, appendix VIII, of this chapter which
would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified, and the basis
for the exclusion stated. The waste analysis must rely on appropriate
analytical techniques such as those found in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846, or other reliable sources.
(D) An approximate quantification of the hazardous constituents
identified in the waste, within the precision produced by appropriate
analytical methods such as those found in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, or
other reliable sources.
* * * * *
39. Section 270.66 is amended by revising paragraphs (c)(2)(i) and
(ii) to read as follows:

Sec. 270.66 Permits for boilers and industrial furnaces burning
hazardous waste.

* * * * *
(c) * * *
(2) * * *
(i) An identification of any hazardous organic constituents listed
in appendix VIII, part 261, of this chapter that are present in the
feed stream, except that the applicant need not analyze for
constituents listed in appendix VIII that would reasonably not be
expected to be found in the hazardous waste. The constituents excluded
from analysis must be identified and the basis for this exclusion
explained. The waste analysis must be conducted in accordance with
appropriate analytical techniques such as those found in ``Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846, or other reliable sources.
(ii) An approximate quantification of the hazardous constituents
identified in the hazardous waste, within the precision produced by
appropriate analytical methods such as those found in ``Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
Publication SW-846, or other source.
* * * * *

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

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

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

41. Section 271.1(j) is amended by adding the following entry to
Table 1 in chronological order by date of publication in the Federal
Register, to read as follows:

Sec. 271.1 Purpose and scope.

(j) * * *

[[Page 66300]]

Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Federal Register
Promulgation date Title of regulation reference Effective date
----------------------------------------------------------------------------------------------------------------
[Date of publication of final rule Process Vent and Equipment [FR page numbers]..... [Date of publication
in the Federal Register (FR)]. Leak Organic Air Emission of final rule].
Standards for Owners and
Operators of Hazardous
Waste Treatment, Storage,
and Disposal Facilities.
[Date of publication of final rule Burning of Hazardous Waste [FR page numbers]..... [Date of publication
in the Federal Register (FR)]. in Boilers and Industrial of final rule].
Furnaces.
[Date of publication of final rule Air Emission Standards [FR page numbers]..... [Date of publication
in the Federal Register (FR)]. Tanks, Surface of final rule].
Impoundments, and
Containers.
----------------------------------------------------------------------------------------------------------------

[[Page 66301]]

42. Section 271.21 is amended by adding the following entry to
Table 1 in chronological order by date of publication in the Federal
Register, to read as follows:

Sec. 271.21 Procedures for revision of State programs.

* * * * *

Table 1 to Sec. 271.21
----------------------------------------------------------------------------------------------------------------
Title of regulation Promulgation date Federal Register reference
----------------------------------------------------------------------------------------------------------------
Office of Solid Waste Testing and [Date of publication of final [FR page numbers].
Monitoring Activities, Methods rule in the Federal Register
Innovation Rule. (FR)].
Process Vent and Equipment Leak Organic [Date of publication of final [FR page numbers].
Air Emission Standards for Owners and rule in the Federal Register
Operators of Hazardous Waste Treatment, (FR)].
Storage, and Disposal Facilities.
Burning of hazardous waste in boilers [Date of publication of final [FR page numbers].
and industrial furnaces. rule in the Federal Register
(FR)].
Air Emissions Standards for Tanks, [Date of publication of final [FR page numbers].
Surface Impoundments, and Containers. rule in the Federal Register
(FR)].
----------------------------------------------------------------------------------------------------------------

PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL

43. The authority citation for part 279 continues to read as
follows:

Authority: Sections 1006, 2002(a), 3001 through 3007, 3010,
3014, and 7004 of the Solid Waste Disposal Act, as amended (42
U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974); and
sections 101(37) and 114(c) of CERCLA (42 U.S.C. 9601(37) and
9614(c)).

Subpart B--Applicability

44. Section 279.10 is amended by revising paragraph (b)(1)(ii)
introductory text to read as follows:

Sec. 279.10 Applicability.

* * * * *
(b) * * *
(1) * * *
(ii) Rebuttable presumption for used oil. Used oil containing more
than 1,000 ppm total halogens is presumed to be a hazardous waste
because it has been mixed with halogenated hazardous waste listed in
subpart D of part 261 of this chapter. Persons may rebut this
presumption by demonstrating that the used oil does not contain
hazardous waste (for example, by using an appropriate analytical method
such as those found in ``Test Methods for Evaluating Solid Waste,
Chemical/Physical Methods,'' EPA Publication SW-846, or other reliable
sources to show that the used oil does not contain significant
concentrations of halogenated hazardous constituents listed in appendix
VIII of part 261 of this chapter).
* * * * *

Subpart E--Standards for Used Oil Transporter and Transfer
Facilities

45. Section 279.44 is amended by revising the introductory text of
paragraph (c) to read as follows:

Sec. 279.44 Rebuttable presumption for used oil.

* * * * *
(c) If the used oil contains greater than or equal to 1,000 ppm
total halogens, it is presumed to be a hazardous waste because it has
been mixed with halogenated hazardous waste listed in subpart D of part
261 of this chapter. The owner or operator may rebut the presumption by
demonstrating that the used oil does not contain hazardous waste (for
example, by using an appropriate analytical method such as those found
in ``Test Methods for Evaluating Solid Waste, Chemical/Physical
Methods,'' EPA Publication SW-846, or other reliable sources to show
that the used oil does not contain significant concentrations of
halogenated hazardous constituents listed in Appendix VIII of part 261
of this chapter).
* * * * *

Subpart F--Standards for Used Oil Processors and Re-Refiners

46. Section 279.53 is amended by revising paragraph (c)
introductory text to read as follows:

Sec. 279.53 Rebuttable presumption for used oil.

Subpart G--Standards for Used Oil Burners Who Burn Off-
Specification Used Oil for Energy Recovery

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

Sec. 279.63 Rebuttable presumption for used oil.

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Waste Management System; Testing and Monitoring Activities; Proposed Rule: Methods Innovation Rule

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