Federal Register

Land Disposal Restrictions for Newly Listed Wastes and Hazardous Debris
                             Vol. 57, No. 160
                                 Part II
                               57 FR 37194
                          Tuesday, August 18, 1992

AGENCY: ENVIRONMENTAL PROTECTION AGENCY
DOC TYPE: Rules and Regulations
CFR: 40 CFR Parts 148, 260, 261, 262, 264, 265, 268, 270 and 271
NUMBER: FRL-4132-4; RIN 2050-AD36
CONTACT:  For  general  information,  contact  the  RCRA  Hotline  at (800)
  424-9346  (toll  free)  or  (703)  920-9810  locally.  For information on
  treatment  standards for newly listed wastes or hazardous debris, contact
  the  Waste  Treatment  Branch,  Office  of  Solid  Waste  (OS-322W), U.S.
  Environmental  Protection  Agency,  401 M St., SW., Washington, DC 20460,
  (703)  308-8434.  For  information on capacity determinations or national
  capacity variances, contact the Capacity Programs Branch, Office of Solid
  Waste (OS-321W), U.S. Environmental Protection Agency, 401 M Street, SW.,
  Washington, DC 20460, (703) 308-8440.
The  official  record  for  this  rulemaking is identified as Docket Number
  F-92-CD2F-FFFFF,  and is located in the EPA RCRA Docket, room 2427, 401 M
  Street  SW.,  Washington,  DC  20460. The docket is open from 9 a.m. to 4
  p.m.,  Monday through Friday, except on Federal holidays. The public must
  make an appointment to review docket materials by calling (202) 260-9327.
  A  maximum  of  100  pages  from  the  docket  may  be copied at no cost.
  Additional copies cost $.15 per page.
Final rule.
The Environmental Protection Agency (EPA) is finalizing treatment standards
  under  the land disposal restrictions (LDR) program for certain hazardous
  wastes  listed  after  November  8,  1984, pursuant to a proposed consent
  decree filed with the District Court that established a promulgation date
  of  June  1992  (EDFv.Reilly,  Civ.  No.  89-0598,  D.D.C.).  EPA is also
  finalizing  revised  treatment  standards  for  debris  contaminated with
  listed  hazardous  waste  or debris that exhibits certain hazardous waste
  characteristics  (hereinafter  referred  to  as  hazardous  debris),  and
  several  revisions  to previously promulgated standards and requirements.
  These  actions are being taken as part of the RCRA Reform Initiative, and
  are expected to facilitate implementation of the LDR program.

EFFECTIVE  DATES:This  final rule is effective on June 30, 1992, except for
  Secs.  148.17(a), 260.10, 261.3(c)(2)(ii)(C), 268.2, 268.5, 268.7, 268.9,
  268.36(a),  268.40,  268.41,  268.42,  268.43,  268.45,  268.46,  268.50,
  270.14, 270.42, 270.72, and 271.1, which are effective November 16, 1992;
  and  Secs.  262.34, 264.110, 264.111, 264.112, 264.140, 264.142, part 264
  subpart  DD,  265.110,  265.111,  265.112, 265.140, 265.142, 265.221, and
  part 265 subpart DD, which are effective February 18, 1993.

WORD COUNT: 141,003
TEXT:
SUPPLEMENTARY INFORMATION:

Outline

I. Background
A. Summary of the Hazardous and Solid Waste Amendments of 1984
B. Pollution Prevention (Waste Minimization) Benefits

II. Summary of Final Rule
A. Newly Listed Wastes
B. Changes to Current Regulations
C. Hazardous Debris

III. Detailed Discussion of Final Rule: Newly Listed Wastes
A. Recent Petroleum Refining Wastes (F037 and F038)
B.  Wastes  from  the  Production of Unsymmetrical Dimethylhydrazine (K107,
K108, K109, and K110)
C. 2-Ethoxyethanol Wastes (U359)
D.  Wastes  from  the Production of Dinitrotoluene and Toluenediamine (K111
and K112, U328 and U353)
E.  Wastes from the Production of Ethylene Dibromide (K117, K118, and K136)
and Wastes from the Production of Methyl Bromide (K131 and K132)
F.  Wastes  from  the  Production  of Ethylenebisdithiocarbamic Acid (K123,
K124, K125, and K126)

IV. Detailed Discussion of Final Rule: Changes to Existing Regulations
A. Revisions to the F001-F005 Spent Solvents Treatment Standards
B. Conversion of Wastewater Standards Based on Scrubber Water
C. Revisions to Treatment. Standards for K061, K062, and F006
D. Vanadium: Treatment Standards and Appendix VIII
E. Notification and Certification for Characteristic Wastes
F. Wastes Listed Because they Exhibit a Characteristic
G. Storage and Treatment in Containment Buildings
H. Retrofitting Surface Impoundments Under Land Disposal Restrictions

V. Detailed Discussion of Final Rule: Hazardous Debris
A. Overview
B. Definitions of Debris and Hazardous Debris
C. Treatment Standards for Hazardous Debris
D. Exclusion of Hazardous Debris from Subtitle C Regulation
E. Regulation of Treatment Residuals
F. Permit Requirements for Treatment Facilities
G. Capacity Variance for Hazardous Debris
H. Other Issues

VI. Capacity Determinations
A. Capacity Analysis Results Summary
B. Available Capacity
C. Petroleum Refining Wastes and Other Organic Wastes
D.  Required  and  Available  Capacity  for  Newly Listed Wastes Mixed with
Radioactive Contaminants
E.  Required  and  Available  Capacity  for  Debris Contaminated with Newly
Listed Wastes
F. Capacity Determination for Underground Injected Wastes
G. Revisions to Treatment Standards for K061, F006, and K062

VII. Implementation
A.  Facilities  Qualifying  for Interim Status Due to Storage of Prohibited
Wastes
B. Containment Buildings at Generator Sites
C.  Addition  of  Waste Management Capacity at Permitted and Interim Status
Facilities
D. Conversion of Enclosed Waste Piles to Containment Buildings at Permitted
and Interim Status Facilities

VIII. State Authority
A. Applicability of Rules in Authorized States
B. Effect on State Authorization

IX. Regulatory Requirements
A. Economic Impact Screening Analysis Pursuant to Executive Order 12291
B. Regulatory Flexibility Analysis
C. Paperwork Reduction Act

I. Background

A. Summary of the Hazardous and Solid Waste Amendments of 1984

    The  Hazardous  and  Solid  Waste  Amendments  (HSWA)  to  the Resource
Conservation  and  Recovery  Act (RCRA), enacted on November 8, 1984, allow
hazardous  wastes  to  be  land disposed only if they satisfy either of two
conditions:  (1)  They  can  either  be  treated, or otherwise satisfy, the
requirement  of section 3004(m), which provision requires EPA to set levels
or  methods of treatment, if any, which substantially diminish the toxicity
of  the  waste  or  substantially  reduce  the  likelihood  of migration of
hazardous  constituents  from  the  waste  so that short-term and long-term
threats  to human health and the environment are minimized; or (2) they can
be land disposed in units satisfying the so-called no-migration standard in
sections  3004  (d)(1),  (e)(1),  and  (g)(5).  Land  disposal includes any
placement  of  hazardous  waste  in  a landfill, surface impoundment, waste
pile,  injection  well,  land treatment facility, salt dome formation, salt
bed formation, or underground mine or cave. RCRA section 3004(k).

    EPA was required to promulgate land disposal prohibitions and treatment
standards  by  May  8,  1990  for  all  wastes  that  were either listed or
identified  as  hazardous  at the time of the 1984 {pg 37195} amendments, a
task  EPA completed within the statutory timeframes. RCRA section 3004 (d),
(e), and (g). EPA is also required to promulgate prohibitions and treatment
standards  for  wastes  identified  or  listed  after  the date of the 1984
amendments  (wastes  referred  to  in  this  notice  as  ''newly listed and
identified  wastes'') within six months after the listing or identification
takes  effect.  RCRA  section  3004(g)(4).  EPA has filed with the District
Court a proposed consent decree that would put the Agency on a schedule for
adopting  prohibitions  and  treatment  standards  for newly identified and
listed  wastes.  The  promulgation date for the newly identified and listed
wastes dealt with in this rule is set for June 1992. (EDTv.Reilly, Civ. No.
89-0598, D.D.C.)

    The  land  disposal  restrictions are effective upon promulgation. RCRA
section  3004(h)(1).  However,  the  Administrator  may  grant  a  national
capacity  variance  from the effective date and establish a later effective
date (not to exceed two years) based on the earliest date on which adequate
alternative  treatment, recovery, or disposal capacity which protects human
health  and the environment will be available. RCRA section 3004(h)(2). The
Administrator may also grant a case-by-case extension of the effective date
for  up  to one year, renewable once for up to one additional year, when an
applicant(s)   successfully  makes  certain  demonstrations.  RCRA  section
3004(h)(3).  See  55 FR 22526 (June 1, 1990) for a more detailed discussion
on national capacity variances and case-by-case extensions.

    In  addition to prohibiting land disposal of hazardous wastes, Congress
prohibited  storage  of  any  waste  which is prohibited from land disposal
unless  such  storage is solely for the purpose of the accumulation of such
quantities  of  hazardous  waste  as  are  necessary  to  facilitate proper
recovery,  treatment  or  disposal.  RCRA  section  3004(j).  The provision
applies,  of  course,  only  to  storage  which is not also defined as land
disposal in section 3004(k).

B. Pollution Prevention (Waste Minimization) Benefits

    EPA's  progress  over  the  years  in  improving  environmental quality
through   its   media-   specific   pollution  control  programs  has  been
substantial.  Over  the  past two decades, standard industrial practice for
pollution  control  concentrated  to  a  large  extent  on  ''end-of-pipe''
treatment  or  land  disposal  of  hazardous  and  nonhazardous wastes. EPA
believes  that  reducing  or eliminating discharges and/or emissions to the
environment  through  the implementation of environmentally sound recycling
and  source reduction practices sometimes offer more cost effective ways of
achieving environmental goals.

    The   Agency   has   identified   a   number  of  waste  streams  where
environmentally  sound  recycling has been identified as BDAT. For example,
we are promulgating today in section IV.C alternate treatment standards for
electroplating sludges (F006) and spent pickle liquor (K062), based on high
temperature  metals recovery (HTMR). The Agency has determined that many of
these   wastes   have  sufficient  concentrations  of  metals  (nickel  and
chromium), with low concentrations of interfering chemicals, to be amenable
for  recovery  in  HTMR  units.  Moreover, the Agency is granting a generic
exclusion  for  F006  and  K062 HTMR nonwastewater residuals, provided that
these  residuals  meet  designated concentration levels, are disposed of in
Subtitle  D units, and exhibit no characteristics of hazardous waste. (This
exclusion  is similar to the one that was promulgated on August 8, 1991 for
K061.  See  56  FR  41164,  August 19, 1991.) The Agency expects that these
provisions  will encourage more generators to choose treatment technologies
for  their wastes which also recover some materials for reuse. In addition,
treatment  standards  for  the newly listed petroleum refining wastes (F037
and   F038)  are  based  on  some  recovery  technologies  (critical  fluid
extraction and thermal desorption), as well as on incineration.

II. Summary of Final Rule

    Today's final rule is the first rulemaking adopting treatment standards
for  newly  identified  and listed wastes as outlined in the consent decree
described above.

    Before discussing the final rule, EPA notes that certain aspects of the
rule  could be affected by the recently proposed rule (57 FR 21450, May 20,
1992) dealing with the question of when wastes are hazardous, concentration
levels  and  circumstances  when  wastes  are  not  hazardous,  as  well as
circumstances when land disposal prohibitions might and might not apply. At
present,  however,  the mixture and derived from rules remain in effect (57
FR  7628,  March  3,  1992),  and  so  apply  to the rule adopted today. In
addition,  as explained in more detail later in the preamble, the Agency is
codifying  the  so-called  contained-in policy with respect to contaminated
debris,  and  the  preamble  likewise explains how and when debris can be a
hazardous waste based on application of this principle.

A. Newly Listed Wastes

    EPA  has  promulgated  a  number  of  hazardous  waste  listings  since
enactment  of  HSWA  in  1984.  Section  III  of today's rule describes the
treatment  and/or  recycling technologies that have been identified as BDAT
for  20  of  these  listings and finalizes LDR treatment standards based on
BDAT.  Wastes  included  in  today's rule include petroleum refining wastes
(F037   and   F038),   wastes   from   the   production   of  unsymmetrical
dimethylhydrazine (K107-K110), wastes from the production of dinitrotoluene
and  toluenediamine (K111 and K112), wastes from the production of ethylene
dibromide   (K117,   K118,   and  K136),  wastes  from  the  production  of
ethylenebisdithiocarbamic  acid  (K123-K126), wastes from the production of
methyl  bromide  (K131 and K132), and several organic U wastes (U328, U353,
and U359). Future proposals will include newly listed wastes not covered in
today's  rule.  Soil  contaminated  with  the newly listed wastes for which
standards are finalized today will be addressed in a future proposal.

B. Changes to Current Regulations

    The  Agency is finalizing revisions to the existing treatment standards
for  organic  constituents  in  F001-F005 wastes, involving conversion from
TCLP standards to standards based on total concentrations. In addition, the
Agency  is finalizing the conversion of wastewater standards for 24 F and K
waste  codes  based  on  wastewater  treatment data for the constituents of
concern.

    EPA is also finalizing alternate treatment standards for F006 and K062,
and  is  also  extending the K061 generic exclusion published on August 19,
1991  (56  FR 41164) to certain F006 and K062 wastes. The generic exclusion
levels  have been slightly revised to reflect a somewhat different fate and
transport model, the EPA Composite Model for Landfills (EPA CML).

    EPA  is also revising the notification and certification for prohibited
characteristic  wastes  and  clarifying existing rules regarding the status
under   part   268   of   wastes  listed  solely  because  they  exhibit  a
characteristic.
    Finally,  EPA  is  establishing  a new waste management unit known as a
containment  building. EPA is indicating that containment buildings are not
land  disposal units, so that hazardous wastes may be managed in such units
without first meeting treatment standards. {pg 37196}

C. Hazardous Debris

    Debris contaminated with listed prohibited wastes is already subject to
the  LDR  treatment  standards  for those wastes, as is debris exhibiting a
hazardous  waste  characteristic  for  which  EPA has promulgated treatment
standards.  Today,  the Agency is revising the treatment standards for such
debris.  The  Agency is also finalizing treatment standards for debris that
is  contaminated  with  those  newly  listed wastes for which standards are
promulgated in this rule. This rule does not identify or list any debris as
hazardous,  and so does not bring any additional debris into the subtitle C
management  system.  Only  hazardous  debris  that  is currently subject to
subtitle  C  standards  is covered by today's rule. The Agency is requiring
hazardous  debris  to  be  treated  prior  to land disposal, using specific
technologies from one or more of the following families of debris treatment
technologies:   Extraction,   destruction,   or   immobilization.   In  the
alternative, hazardous debris may continue to be handled in accordance with
the  Agency's  contained-in  policy,  and  so may be land disposed if it no
longer ''contains'' a hazardous waste.

    To  ensure effective treatment of debris (i.e., treatment sufficient to
constitute  BDAT), treatment must be performed in accordance with specified
performance standards (see new Table 1 in today's rule). The consequence of
performing  this  treatment would be two-fold. Not only would the debris no
longer be prohibited from land disposal, but EPA would consider the treated
debris  to no longer be or contain a hazardous waste provided a destruction
or   extraction   technology  is  used  for  all  debris  types/contaminant
combinations  and  provided  that  the  treated debris does not exhibit any
characteristic of hazardous waste. Such treated debris could, therefore, be
reused, returned to the natural environment, or disposed of in a subtitle D
facility.

    Residuals  generated  from  the  treatment  of debris contaminated with
listed wastes would still be hazardous wastes by virtue of the derived-from
rule  and  would  be  subject to the hazardous waste management system. The
Agency  is  today  requiring that residuals generated from the treatment of
hazardous  debris  be  subject to the numerical treatment standards for the
wastes  contaminating  the  debris.  A  detailed  discussion is provided in
section V.G.
    Finally,   the  Agency  considered  and  rejected  proposing  numerical
standards  for  hazardous  debris  because  of  the  difficulty of sampling
hazardous debris. However, based on numerous comments to the proposed rule,
EPA  is  allowing people the option of treating debris to meet the existing
treatment  standards.  Such  debris  would remain hazardous waste under the
derived-from rule, unless delisted.

III. Detailed Discussion of Final Rule: Newly Listed Wastes

    Since  the  enactment  of HSWA in 1984, EPA has promulgated a number of
hazardous  waste  listings under 40 CFR part 261 subpart D and has expanded
the  number of wastes covered under 40 CFR part 261 subpart C. This section
of  today's rule describes the treatment and/or recycling technologies that
have  been  identified as BDAT for 20 of these ''newly listed'' wastes. The
Agency  is finalizing treatment standards under 40 CFR 268.41, .42, and .43
for  these  wastes  based on the transfer of performance data from treating
other  hazardous  wastes  that  have  been determined to be similar or more
difficult to treat than these wastes.

    This  section  does  not, however, finalize treatment standards for the
following  newly  identified  or  listed  hazardous  wastes: Those recently
identified  under  the TC rule (D018-D043); characteristic wastes generated
by   mineral   processing   activities;   spent   potliners  from  aluminum
manufacturing  (K088);  and listed wastes from wood preserving (F032, F034,
and  F035).  These  wastes,  as  well  as wastes from coking operations and
chlorotoluene  production,  will be addressed in subsequentFederal Register
notices.

    Before  discussing  these new treatment standards, the Agency wishes to
clarify   one  point  as  to  its  methodology  in  establishing  treatment
standards.  The  Agency has explained in a number of past preambles that it
accounts  for  treatment  process  variability  in  establishing  treatment
standards,  and  does  so  by  applying a statistically derived variability
factor to the mean concentration of constituent concentrations in treatment
residues  from the model BDAT technologies (see 55 FR 22539 as an example).
This   variability   factor,  EPA  has  explained,  is  derived  through  a
quantitative  procedure that determines the statistical 99th percentile for
the treatment standard.

    Some  commenters have inferred from this explanation that the treatment
standards  can  only  be  achieved  99 percent of the time even by properly
operated  treatment  units.  This  is  an incorrect inference, although EPA
acknowledges  that some of its preamble language has promoted this reading.
In  fact,  EPA expects the treatment standards to be achievable 100 percent
of  the  time  by properly operating facilities. Data points above the 99th
percentile  of  the  statistical  model  would  in  fact  represent extreme
departures  from  the  mean  and  almost  certainly reflect quality control
problems  in operation of the treatment technology. All of the data used in
establishing   treatment  standards  are  actually  much  lower  than  99th
percentile values, as well as values in excess of that 99th percentile. (In
addition,  as  EPA has already explained, for standards based on combustion
technology,  the technology routinely reduces waste concentrations to lower
than  detection  values,  yet  the treatment standards nevertheless apply a
variability  factor  to a numerical detection limit, resulting in treatment
standards  that  are  ''greater than the achievable levels (which are at or
below  the  detection  limits) and should be easily met by a well-designed,
well-operated incineration system.''

A. Recent Petroleum Refining Wastes (F037 and F038)

F037-Any   sludge   generated   from   the   gravitational   separation  of
oil/water/solids during the storage or treatment of process wastewaters and
oily  cooling  wastewaters from petroleum refineries. Such sludges include,
but  are  not  limited to, those generated in: Oil/water/solids separators;
tanks   and   impoundments;  ditches  and  other  conveyances;  sumps;  and
stormwater  units  receiving  dry  weather  flow. Sludge generated in storm
water  units  that  do not receive dry weather flow, sludges generated from
non-contact once-through cooling waters segregated for treatment from other
process  or oily cooling waters, sludges generated in aggressive biological
treatment  units  as defined in 40 CFR Sec. 261.31(b)(2) (including sludges
generated  in  one  or  more  additional  units after wastewaters have been
treated  in  aggressive biological treatment units) and K051 wastes are not
included in this listing

F038-Any  sludge  and/or  float generated from the physical and/or chemical
separation  of  oil/water/solids  in  process  wastewaters and oily cooling
wastewaters   from  wastewaters  from  petroleum  refineries.  Such  wastes
include,  but  are  not  limited  to,  all sludges and floats generated in:
Induced  air flotation (IAF) units, tanks and impoundments, and all sludges
generated  in DAF units. Sludges generated in storm water units that do not
receive  dry  weather flow, sludges generated from non-contact once-through
cooling  waters segregated for treatment from other process or oily cooling
waters,  sludges  and  floats  generated in aggressive biological treatment
units  as  defined  in  Sec.  261.31(b)(2)  (including  sludges  and floats
generated  in  one  or  more  additional  units after wastewaters have been
treated  in  aggressive  biological  treatment  units) and {pg 37197} F037,
K048, and K051 wastes are not included in this listing
    F037  and  F038  are  hazardous  wastes  generated by facilities in the
petroleum   refining  industry.  Detailed  technical  descriptions  of  the
specific  processes  or  operations  that  generate these two wastes can be
found  in  45  FR 74884, May 19, 1980; 55 FR 46354, November 2, 1990; 56 FR
21955, May 13, 1991; and the associated listing background document.

    EPA  is today promulgating treatment standards for F037 and F038; these
standards  are  the  same as those proposed on January 9, 1992 (57 FR 958).
(The  specific  regulated  constituents  and  treatment standards for these
wastes  are  listed in the tables at the end of this section). Since EPA is
promulgating concentration levels as the treatment standards for wastewater
and  nonwastewater forms of F037 and F038, any treatment technology capable
of  reaching  the  treatment standards can be used except for impermissible
dilution.

    EPA's   rationale   and  technical  details  for  promulgating  today's
treatment  standards can be found later in this section of the preamble and
in  the  Final  BDAT  Background  Document  for  F037 and F038. However, in
summary,  commenters  to  the January 9, 1992, proposal generally concurred
with   EPA's   assertion   that   F037  and  F038  have  similar  treatment
characteristics  to  those  of  K051  and  K048 (as well as other petroleum
wastes). Most commenters also supported the transfer of available K048-K052
performance data from K048 to F038 and from K051 and K049 to F037. In fact,
new  data  submitted to EPA in response to the May 30, 1991, Advance Notice
of   Proposed   Rulemaking  (ANPRM)  and  the  January  9,  1992,  proposal
corroborates  EPA's  transferring of existing K048-K052 performance data to
F037  and  F038.  These  new data show that there are other technologies in
addition  to  incineration  and  solvent  extraction  that  are  capable of
achieving the treatment standards for the regulated constituents of concern
in petroleum wastes believed as difficult to treat as F037 and F038.

    The majority of commenters also supported EPA's proposal for regulating
the same constituents in F037 and F038 that are regulated in K051 and K048.
These  commenters  agreed  with  EPA  that  adoption of the proposal should
reduce  the administrative requirements and compliance efforts required for
the petroleum wastes.

1. Regulated Constituents

    EPA  proposed regulating up to 18 BDAT List hazardous constituents that
are  known  to be present in wastewater or non- wastewater forms of F037 or
F038  as  well as additional hazardous constituents likely to be present in
F037  and  F038 because they are known to be present in K048 and K051. (See
discussion in January 9, 1992, proposed rule, 57 FR 962.)
    One  commenter  who  generates  petroleum  wastes  such  as API and DAF
sludges,  submitted data characterizing ''four K sludges and five potential
refinery  F  waste  sludges from five surface impoundments.'' The commenter
believes  that  these  data  do  not  support  the inclusion of most of the
constituents of concern associated with the LDRs.

    EPA is not persuaded to change its proposed approach. The fact that the
commenter's  presumably  untreated  K  or  F  sludges  do  not show certain
constituents  at  or  above  detection levels should not be construed as an
indication  that those undetected constituents were absent. EPA's treatment
studies on petroleum wastes have shown, in fact, that it is not unusual for
hazardous constituents to go undetected in untreated wastes due to analytic
matrix  interferences and, later on, be measured in the treated wastes when
the interferences are removed by treatment. In addition, several members of
the  regulated community responding to the ANPRM of May 30, 1991, commented
that  F037 and F038 wastes are likely to show variabilities in chemical and
physical composition and in the treatment characteristics for the same K or
F wastes from one refinery to another.

    EPA  is  therefore  promulgating  treatment  standards  for  all  those
constituents  proposed  for  regulation.  Regulating  the same constituents
present  in K048 and K051 should reduce the administrative requirements and
compliance  efforts  for  all  of  these petroleum wastes. (See Response to
Technical Comments Background Document for additional discussion.)

2. Treatment Standards for Wastewaters

    EPA  proposed  to  transfer  the  treatment  standards  for organics in
wastewater  forms  of  F037  and  F038  from  the F039 wastewater treatment
standards   (multi-source   leachate).   These  F039  wastewater  treatment
standards were also proposed as a revision to K048 and K051. All commenters
supported  this proposal. As a result, EPA is promulgating these wastewater
treatment standards for F037 and F038.

    For  metals  in  wastewater  forms  of  F037  and  F038,  the treatment
standards  are  based  on  chromium  reduction followed by lime and sulfide
precipitation  and  vacuum  filtration. For cyanides in wastewater forms of
F037 and F038, the treatment standards are based on incineration. Levels of
cyanide  were  measured, in fact, in K048 incineration scrubber waters. EPA
does  not  expect  any constituents in F037 and F038 to interfere or behave
differently  from  those constituents in K048-K052 or from the other wastes
from which performance data were transferred.

3. Treatment Standards for Nonwastewaters
    EPA   is  promulgating  the  treatment  standards  for  F037  and  F038
nonwastewaters  that  were proposed. In particular, the treatment standards
proposed  for the metals in nonwastewater forms of F037 and F038 were based
on  stablization  of  K048-K052  solvent  extraction residuals; thus, these
standards are set as concentrations measured in waste extracts (as measured
by the TCLP). Similarly, EPA proposed for cyanide in nonwastewater forms of
F037  and  F038 treatment standards based on incineration of K048 and K051.
Owing  to  the  similarities  in  waste  composition  of  F037  and F038 to
K048-K052, stabilization is considered BDAT for the metals in F037 and F038
nonwastewaters  and incineration is considered BDAT for cyanide in F037 and
F038 nonwastewaters.

    The  proposed  treatment  standards  for  the organics in nonwastewater
forms  of  F037  and  F038  were  based  on  the  incineration  and solvent
extraction  of K048-K052. Owing to the similarities in waste composition of
F037  and  F038  to  K048-K052,  EPA  has  determined that incineration and
solvent  extraction  are  also  BDAT for F037 and F038. The majority of the
commenters  supported  this  determination  by  EPA.  In  doing  so, EPA is
applying  the  same approach as used to develop treatment standards for the
K048-K052  wastes  in  the  Third Third rule. In essence, allowing somewhat
more  lenient  treatment  standards  than  those  based  on  performance of
incineration  alone,  which  standards  nevertheless  result in substantial
reductions  in  waste  toxicity  and  also  allow for hydrocarbon recovery,
furthering statutory resource recovery objectives.

    EPA's modified methodology of June 1, 1990, incorporates protocols that
take  into  account  several concerns that were expressed by members of the
regulated  community  and  hazardous  waste treatment industry at that time
with  regard  to  the  use  and  the  applicability of hydrocarbon recovery
technologies  for the whole spectrum of petroleum refining wastes. EPA also
adopted  the modified statistical analysis for {pg 37198} determining which
technology  performs  best  so  as  not  to preclude the use of one or more
hydrocarbon  recovery  technologies that can significantly reduce levels of
toxic  organics  in  these  wastes,  and  also  recover some of the wastes'
hydrocarbon values.

    After  evaluating  comments on the Third Third proposal, EPA determined
that  it  was  appropriate  to promulgate treatment standards based on both
incineration  and  hydrocarbon recovery technologies. EPA concluded further
that  although  treatment  standards  based  on  solvent  extraction may be
somewhat  higher  (i.e.,  less stringent) than those based on incineration,
solvent  extraction  was  still  providing  substantial  treatment  to  the
organics  of  concern.  In addition, EPA determined that solvent extraction
provided  the  benefit  of  recovering valuable oil, and this benefit could
also  be provided by other available hydrocarbon recovery technologies such
as  thermal  distillation.  (See  55  FR  22596,  June  1, 1990). This same
reasoning  applies  to the F037/F038 wastes that are the subject of today's
rule.

4. Response to Major Comments

    The  Agency  is  responding  in  this preamble to a number of the major
comments  received  in response to the January 9, 1992, proposal. The major
issues raised and addressed in this section are:

     Grab versus Composite Samples.

     Must  the  Treatment  Standards  for  Nonwastewater  Organics  be More
Stringent?

    Other  comments  received  by  the  Agency, including the review of new
performance  data, are addressed by the Agency in the Response to Technical
Comments  Background  Document  that  is available in the docket associated
with this rulemaking.

    a.Grab versus Composite Samples. The American Petroleum Institute (API)
and  the  National  Petroleum  Refiners  Association  (NPRA) are both trade
associations   that  represent  most  members  of  the  petroleum  refining
regulated   community.  API  and  NPRA  support  EPA's  proposed  treatment
standards  for the organics in wastewater forms of F037 and F038. Since the
majority  of  the treatment performance data are based on composite samples
from  wastewater  treatment  processes,  API  and  NPRA urged the Agency to
enforce  the  applicable  treatment standards for wastewater forms based on
composite samples and not on grab samples.

    EPA  in  fact,  enforces  treatment  standards  based  on  the sampling
analysis protocol used (i.e., grab or composite) to support promulgation of
the  standard, Secs. 268.41(a), 268.43(a). EPA's proposal mistakenly stated
in  the  preamble  tables  that  enforcement  of these wastewater treatment
standards  would  be  based  solely  on  grab samples for all the regulated
constituents.  EPA  is correcting this error in the final rule. (See 268.41
and 268.43).

    b.Should  the  Treatment  Standards  for Nonwastewater Organics be More
Stringent?  TDI  Thermal  Dynamics  (formerly  Southdown  Thermal Dynamics)
resubmitted  comments  on  a  thermal  process that enables the recovery of
valuable organics from petroleum wastes while reducing the volume of wastes
needing land disposal. TDI's data are based on the treatment of K048, K049,
and  K051  by  a  thermal  distillation patented process referred to by the
commenter  as  ''HT-5  Process.''  TDI's  data  show  that all the proposed
organic treatment standards can be achieved, indeed, potentially surpassed,
through use of this technology.

    Another treatment company, Retec, also submitted comments in support of
the proposed treatment standards. Retec's comments include performance data
from  an  ''8,000 gallon prototype unit'' and some ''field data'' that have
treated  sludges  of  K048,  K050,  K051,  F037,  and  F038  by  biological
treatment.  Retec  refers  to  its  biological  treatment  process  as  the
''bioslurry  process.''  These  data  show that most of the constituents of
concern  can  be  treated  to  achieve  (or,  in  some  cases, surpass) the
treatment standards.

    The  two  commenters'  ultimate point is that their technologies remove
more  toxics than the proposed levels and should therefore be the basis for
the promulgated standards.

    Comments  submitted  by  TDI  and the Natural Resources Defense Council
(NRDC) also state that EPA's proposed F037 and F038 treatment standards are
not  protective  of  human health and the environment and so do not satisfy
the  RCRA  section  3004(m) criteria requiring substantial reduction in the
toxicity  of  the waste so that threats to human health and the environment
are  minimized.  TDI believes, in fact, that their ''HT-5 Process'', the CF
Systems'  five-path  process,  and  fluidized incineration meet the 3004(m)
criteria   and   that  data  from  these  three  processes  should  support
promulgation  of  more  stringent standards. TDI and NRDC also urged EPA to
promulgate  treatment  standards  that  are  pursuant to EPA's protocols to
establish  ''best''  treatment  and that conform to Congressional intent in
section 3004(m).

    EPA  has reviewed comments from TDI and NRDC. Based on this review, EPA
is  not persuaded to promulgate more stringent standards. EPA also believes
(contrary to TDI's and NRDC's positions) that today's promulgated treatment
standards provide substantial treatment of F037 and F038 wastes.

    First,  EPA  is  not  persuaded  by  NRDC's  comments  that, by setting
treatment  standards  for F037 and F038 based on ''less effective treatment
technologies  such  as  incineration  (and  solvent  extraction), (EPA) may
diminish  the  market and the availability of HT-5 for mixed wastes.'' Even
if this were a relevant consideration, which it most likely is not, today's
promulgated  treatment  standards  are  expressed  as a concentration-based
level  for  all  of  the  (organic) constituents regulated in nonwastewater
forms  of  F037 and F038. EPA has clearly emphasized that today's standards
do not preclude the use of other treatment or recovery technologies.

    The  actual issue is whether the statute requires that technology-based
treatment standards be optimized, i.e., be technology-forcing, in all cases
(always  assuming  that the jurisdictional minimize threat level is not yet
reached),  or  whether  treatment  that results in substantial reduction of
waste toxicity is sufficient.

    Technology-  based  treatment  standards  are permissible as a means of
achieving the statutory objective of treatment that minimizes threats given
the  current uncertainty in determining what that level is (see 55 FR 6641,
February  26,  1990)  andHWTC  v.EPA,886  F.  2d 355, 362 (D.C. Cir. 1989).
(However,  technology  standards  are  not  the  only  means to achieve the
statutory   objectives.   For   example,   the   Agency  recently  proposed
concentration  levels that could serve as ''minimize threat levels'', which
could  require  modification  of  a  purely  technology-  based approach to
establishing  treatment  standards  (57  FR 21450, May 20, 1992.)) However,
these  technology-based  standards  need not be technology forcing. Rather,
the  Agency  has stated that treatment standards are to be based on the use
of  available  technologies  that are capable of substantially reducing the
threats that the wastes may pose when they are land disposed (55 FR 6641).
    The  legislative  history  confirms  that  Congress did not necessarily
envision section 3004(m) treatment standards to be technology-forcing, such
as  these  the commenters advocate. Rather, such standards were intended to
require  the  use  of generally available effective types of treatment (see
125  Cong.  Rec.  S9178,  July  25,  1984,  statement  of  Senator  Chaffee
introducing the {pg 37199} amendment that became section 3004 (m)):

    The  requisite levels or methods of treatment established by the Agency
should  be  the  best  that has sic been demonstrated to be available. This
does  not  require a BAT-type process as under the Clean Air or Clean Water
Acts which contemplates technology-forcing standards. The intent here is to
require  utilization  of  available  technologies in lieu of continued land
disposal  without  prior treatment. (Congressional Record of July 25, 1984,
S9178).

    Thus,  standards  based  on use of ''best'' treatment technologies need
not  be limited to optimally performing treatment (as under the Clean Water
Act),  but  include  available types of treatment that substantially reduce
wastes' toxicity and short-term and long-term threats the wastes could pose
when land disposed.

    In  light  of  this legislative intent, and the fact that BDAT for F037
and  F038  wastes is based on the performance of two commercially available
treatment  technologies  that  provide  substantial  treatment to petroleum
wastes  that  are as difficult to treat as F037 and F038, EPA believes that
the  BDAT  Methodology  adopted in this rulemaking is justified and allowed
under  3004(m).  Detailed  discussions of EPA's data analysis and rationale
can  be  further  found  in the Final BDAT Background Document for F037 and
F038.

    TDI  also  argued that EPA's approach is inconsistent with the Agency's
own  promulgated  methodology for establishing treatment standards. To some
extent,  this argument reprises the point just addressed. (For example, the
commenter's  point  that use of Analysis of Variability protocols show that
performance  of  its  technology  to  be superior really raises the further
question  of  whether  treatment  standards  must  therefore  be  based  on
performance  of  that  technology).  In any case, EPA used the same revised
methodology  it adopted in developing the treatment standards for K048-K052
wastes in the Third Third rule.

    TDI  submitted  comments  regarding EPA's Methodology and Protocols for
Developing  BDAT  Treatment  Standards  for  F037/F038 wastes. TDI disputes
EPA's  evaluation  of  their  performance  data  and,  in particular, EPA's
determination   of   the  proposed  treatment  standards  for  organics  in
nonwastewater  forms  of  F037  and  F038.  TDI submitted a report entitled
Analysis  of  U.S.  EPA's  Proposed Land Disposal Restrictions for F037 and
F038  Newly  Listed Petroleum Refining Wastes. On the basis of this report,
TDI  believes  EPA  has  violated its own ''standard protocol procedures'',
and,  after reanalyzing all the performance data, TDI urged EPA to withdraw
the  proposed  treatment  standards.  TDI's  comments  (and TDI's technical
report)  seem  to  indicate  that TDI analyzed the F037 and F038 proposal's
performance  data based on EPA's protocols and statistical procedures found
in  the  Final  Best  Demonstrated  Available  Technology (BDAT) Background
Document  for  Quality Assurance/Quality Control Procedures and Methodology
of  October  23, 1991. TDI reviewed the available performance data based on
analyses  and  methodologies  that  EPA  employs  when developing treatment
standards  that  are  based  on  destruction  or  immobilization  treatment
technologies.

    However, the QA/QC document clearly states that when EPA identifies the
potential for developing treatment standards based on recovery or recycling
technologies,  EPA  may choose to modify its methodology in developing BDAT
treatment   standards   (EPA   also  used  modified  methodologies  in  the
promulgation  of  amended organic treatment standards for K048-K052, in the
Third  Third  final  rule,  and  the  recent final rule for K061, High Zinc
Subcategory  nonwastewaters.  A brief description of each of EPA's modified
approaches  is  presented  in  the  October  23,  1991,  document  (see pp.
3-12-3-17,  of  the  October  23,  1991,  Quality Assurance/Quality Control
Document)).  This  is exactly what EPA is doing here; see the Proposed BDAT
Background Document for F037 and F038 for the explanation.
 BDAT Treatment Standards forF037
     Nonwastewaters

 Regulated constituent     Anthracene
 Maximu for any single grab sample-Total compostition (mg/kg)
 28

 Regulated constituent     Benzene
 Maximu for any single grab sample-Total compostition (mg/kg)
 14

 Regulated constituent     Benzo(a)anthracene
 Maximu for any single grab sample-Total compostition (mg/kg)
 20

 Regulated constituent     Benzo(a)pyrene
 Maximu for any single grab sample-Total compostition (mg/kg)
 12

 Regulated constituent     Bis(2-ethylhexyl)phthalate
 Maximu for any single grab sample-Total compostition (mg/kg)
 7.3

 Regulated constituent     Chrysene
 Maximu for any single grab sample-Total compostition (mg/kg)
 15

 Regulated constituent     Di-n-butyl phthalate
 Maximu for any single grab sample-Total compostition (mg/kg)
 3.6

 Regulated constituent     Ethylbenzene
 Maximu for any single grab sample-Total compostition (mg/kg)
 14

 Regulated constituent     Naphthalene
 Maximu for any single grab sample-Total compostition (mg/kg)
 42

 Regulated constituent     Phenanthrene
 Maximu for any single grab sample-Total compostition (mg/kg)
 34

 Regulated constituent     Phenol
 Maximu for any single grab sample-Total compostition (mg/kg)
 3.6

 Regulated constituent     Pyrene
 Maximu for any single grab sample-Total compostition (mg/kg)
 36

 Regulated constituent     Toluene
 Maximu for any single grab sample-Total compostition (mg/kg)
 14

 Regulated constituent     Xylenes (total)
 Maximu for any single grab sample-Total compostition (mg/kg)
 22

 Regulated constituent     Cyanides (total)
 Maximu for any single grab sample-Total compostition (mg/kg)
 1.8

 Regulated constituent     Chromium (total)
 Maximum for any single grab sample-TCLP (mg/l)
 1.7

 Regulated constituent     Nickel
 Maximum for any single grab sample-TCLP (mg/l)
 0.20

 BDAT Treatment Standards forF037
     Wastewaters

 Regulated constituent     Acenaphthene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.059

 Regulated constituent     Anthracene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.059

 Regulated constituent     Benzene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.14

 Regulated constituent     Benzo(a)anthracene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.059

 Regulated constituent     Benzo(a)pyrene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.061

 Regulated constituent     Bis(2-ethylhexyl)phthalate
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.28

 Regulated constituent     Chrysene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.059

 Regulated constituent     Di-n-butyl phthalate
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.057

 Regulated constituent     Ethylbenzene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.057

 Regulated constituent     Fluorene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.059

 Regulated constituent     Naphthalene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.059

 Regulated constituent     Phenanthrene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.059

 Regulated constituent     Phenol
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.039

 Regulated constituent     Pyrene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.067

 Regulated constituent     Toluene
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.080

 Regulated constituent     Xylenes (total)
 Maximum for any 24 composite sample-Total composition (mg/l)
 0.32

 Regulated constituent     Cyanides (total)
 Maximum for any single grab sample-Total composition (mg/l)
 0.028

 Regulated constituent     Chromium (total)
 Maximum for any single grab sample-Total composition (mg/l)
 0.20

 Regulated constituent     Lead
 Maximum for any single grab sample-Total composition (mg/l)
 0.037

 BDAT Treatment Standards forF038
    Nonwastewaters

 Regulated constituent     Benzene
 Maximum for any single grab sample-Total compostition (mg/kg)
 14

 Regulated constituent     Benzo(a)pyrene
 Maximum for any single grab sample-Total compostition (mg/kg)
 12

 Regulated constituent     Bis(2-ethylhexyl)phthalate
 Maximum for any single grab sample-Total compostition (mg/kg)
 7.3

 Regulated constituent     Chrysene
 Maximum for any single grab sample-Total compostition (mg/kg)
 15

 Regulated constituent     Di-n-butyl phthalate
 Maximum for any single grab sample-Total compostition (mg/kg)
 3.6

 Regulated constituent     Ethylbenzene
 Maximum for any single grab sample-Total compostition (mg/kg)
 14

 Regulated constituent     Naphthalene
 Maximum for any single grab sample-Total compostition (mg/kg)
 42

 Regulated constituent     Phenanthrene
 Maximum for any single grab sample-Total compostition (mg/kg)
 34

 Regulated constituent     Phenol
 Maximum for any single grab sample-Total compostition (mg/kg)
 3.6

 Regulated constituent     Pyrene
 Maximum for any single grab sample-Total compostition (mg/kg)
 36

 Regulated constituent     Toluene
 Maximum for any single grab sample-Total compostition (mg/kg)
 14

 Regulated constituent     Xylenes (total)
 Maximum for any single grab sample-Total compostition (mg/kg)
 22

 Regulated constituent     Cyanide (total)
 Maximum for any single grab sample-Total compostition (mg/kg)
 1.8

 Regulated constituent     Chromium (total)
 Maximum for any single grab sample-Total compostition (mg/kg)
 1.7

 Regulated constituent     Nickel
 Maximum for any single grab sample-Total compostition (mg/kg)
 0.20

 BDAT Treatment Standards forF038
     Wastewaters

 Regulated constituents     Benzene
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.14

 Regulated constituents     Benzo(a)pyrene
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.061

 Regulated constituents     Bis(2-ethylhexyl)phthalate
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.28

 Regulated constituents     Chrysene
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.059

 Regulated constituents     Di-n-butyl phthalate
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.057

 Regulated constituents     Ethylbenzene
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.057

 Regulated constituents     Fluorene
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.059

 Regulated constituents     Naphthalene
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.059

 Regulated constituents     Phenanthrene
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.059

 Regulated constituents     Phenol
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.039

 Regulated constituents     Pyrene
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.067

 Regulated constituents     Toluene
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.080

 Regulated constituents     Xylenes (total)
 Maximum for any 24 composite sample-Total compostition (mg/l)
 0.32

 Regulated constituents     Cyanides (total)
 Maximum for any single grab sample-Total composition (mg/l)
 0.028

 Regulated constituents     Chromium (total)
 Maximum for any single grab sample-Total composition (mg/l)
 0.20

 Regulated constituents     Lead
 Maximum for any single grab sample-Total composition (mg/l)
 0.037

B. Wastes from the Production of Unsymmetrical

Dimethylhydrazine (K107, K108, K109, and K110)

K107-Column   bottoms  from  product  separation  from  the  production  of
1,1-dimethylhydrazine from carboxylic acid hydrazides

K108-Condensed  column  overheads  from  product  separation  and condensed
reactor  vent  gases  from  the  production  of 1,1-dimethylhydrazides from
carboxylic acid hydrazine

K109-Spent  filter cartridges from product purification from the production
of 1,1-dimethylhydrazides from carboxylic acid intermediates

K110-Condensed  column  overheads  from  intermediate  separation  from the
production   of   1,1-dimethylhydrazine   from  carboxylic  acid  hydrazide
intermediates

    EPA  proposed  on  January  9,  1992 (57 FR 965) to establish treatment
standards  for  these wastes expressed as required methods of treatment. As
was  discussed in the preamble to the proposed rule, these wastes are being
regulated  despite  the fact that EPA is not aware of facilities generating
them.  For  nonwastewater  forms  of  these  wastes, the required method of
treatment  was  incineration. For wastewater forms, the required methods of
treatment  were incineration or, alternatively, chemical oxidation followed
by  carbon  adsorption.  The  basis  for  expressing the proposed treatment
standards  as  required  methods  of  treatment  was  that these wastes are
relatively   unstable  in  water  resulting  in  difficulties  in  accurate
quantification in treatment residues. (See 57 FR 965.)

    The wastewater standards promulgated today for these wastes differ from
the  proposed  standards  in  that EPA is adding biodegradation followed by
carbon   adsorption,  (BIODEG  fb  CARBN)  to  the  methods  designated  as
method-of-treatment  standards for K107- K110 wastewaters in tables 1 and 2
of  40 CFR 268.42. The Agency is adding this standard to be consistent with
other sections of this rulemaking, where in response to comments supporting
the use of biodegradation as an alternative method of treatment, the Agency
is  promulgating  biological treatment as equivalent to chemical oxidation.
The  Agency  is  including  biodegradation plus carbon adsorption for these
hydrazine  wastes based on hydrolysis data indicating that hydrazines break
down rapidly in water.
    The  definition  of  BIODEG  as  a technology-based standard for listed
wastewaters  calls  for operating the unit such that ''a surrogate compound
or  indicator  parameter has been substantially reduced in concentration in
the  residuals.''  EPA  believes  that this provision allows permitting and
compliance  authorities  enough  control  over  the  BIODEG  unit  so  that
biodegradation  can  be  designated BDAT {pg 37201} for these wastes, which
are  known  to  hydrolyze  rapidly  to  compounds  amenable  to  biological
degradation.

    EPA  received  no  comments on its proposed treatment standards for the
nonwastewater  forms of these wastes. Therefore, the Agency is promulgating
the   treatment   standards   for  K107-K110  nonwastewaters  as  proposed:
incineration (INCIN) as a method of treatment.

C. 2-Ethoxyethanol Wastes (U359)

    EPA  is  promulgating  methods  of treatment for 2-ethoxyethanol wastes
(U359),  whose generation and characteristics are described in the proposed
rule  preamble  (57 FR 968). The promulgated standards differ somewhat from
the  proposed  standards;  first,  EPA is adding biodegradation followed by
carbon   adsorption,  (BIODEG  fb  CARBN)  to  the  methods  designated  as
method-of-treatment  standards for U359 wastewaters in Tables 1 and 2 of 40
CFR  268.42. The proposed wastewater treatment standard was incineration or
chemical  oxidation  followed by biological treatment or carbon adsorption.
Second,   EPA   is  promulgating  also  fuel  substitution  (FSUBS)  as  an
alternative  standard to incineration (INCIN) for U359 nonwastewaters. (See
57 FR 969.)

    EPA   had  proposed  methods-of-treatment  as  standards,  rather  than
concentration-based  numerical  standards, because this waste is relatively
unstable  in water, resulting in difficulties in accurate quantification in
treatment residuals. Several commenters, however, requested that the Agency
set concentration-based standards for 2- ethoxyethanol wastes and suggested
several  innovative  analytical  methods  to  quantify 2-ethoxyethanol. EPA
acknowledges  that  2-  ethoxyethanol can be quantified by direct injection
methods   (i.e.  those  not  requiring  a  purge  step  in  the  analytical
procedure).  EPA  is,  nevertheless,  promulgating  methods of treatment as
standards   because   EPA   has   only   limited   treatability   data  for
2-ethoxyethanol  to  serve  as  a basis for calculating numerical treatment
standards.  EPA's  decision  to  change the wastewater standards to include
biodegradation  followed  by activated carbon adsorption is consistent with
the  revision  in  this rule of the K107-Kl10 wastewater standards allowing
BIODEG  as  a  method-of-treatment  based  on the waste components' extreme
instability in water.
    The  definition  of  BIODEG  as  a technology-based standard for listed
wastewaters  calls  for operating the unit such that ''a surrogate compound
or  indicator  parameter has been substantially reduced in concentration in
the  residuals.''  EPA  believes  that this provision allows permitting and
compliance  authorities  adequate  control  over  the  BIODEG  unit so that
biodegradation   can   be   designated  BDAT  for  these  wastes  since  2-
ethoxyethanol  is  known to hydrolyze rapidly to ethanol, which is known to
be amenable to biological treatment.

    EPA  is  promulgating  incineration  (INCIN)  as  a method-of-treatment
standard  for  U359  nonwastewaters as proposed, but is also including fuel
substitution  (FSUBS)  as  an  alternative.  EPA is adding FSUBS because 2-
ethoxyethanol is a readily oxidizable carbon, hydrogen, and oxygen compound
that  will  not  release  undesirable  combustion  products such as halogen
acids, nitrogen, or sulfur dioxides.

D.  Wastes  From  the Production of Dinitrotoluene and Toluenediamine (K111
and K112, U328 and U353)

K111-Product   wash  waters  from  the  production  of  dinitrotoluene  via
nitration of toluene
K112-Reaction  byproducts  from  the  drying  column  in  the production of
toluenediamine via hydrogenation of dinitrotoluene

U328-Ortho-toluidine

U353-Para- toluidine

    EPA  proposed  on January 9, 1992, to establish treatment standards for
these  wastes expressed as required methods of treatment. The proposed rule
discussed  the  generation  and  characteristics of these wastes in greater
detail  (57  FR 965). For nonwastewater forms of these wastes, the required
method  of  treatment  was incineration. For wastewater forms, the required
methods   of   treatment  were  incineration  or,  alternatively,  chemical
oxidation  followed  by  carbon  adsorption.  The  basis for expressing the
proposed treatment standards as required methods of treatment was that many
constituents  of these wastes are relatively unstable in water resulting in
difficulties  in  accurate quantification in treatment residues. (See 57 FR
965)

    The  Agency  is  finalizing the proposed standards with two substantive
changes  for  K111,  K112,  U328,  and  U353:  First,  EPA is replacing the
proposed   methods-of-   treatment   standards  for  K111  wastewaters  and
nonwastewaters  with concentration-based standards numerically equal to the
F039  standards  for 2,4-dinitrotoluene and 2,6-dinitrotoluene. Second, EPA
is adding biodegradation followed by carbon adsorption (BIODEG fb CARBN) to
the  methods  of treatment specified as treatment standards for K112, U328,
and U353 wastewaters in Tables 1 and 2 of 40 CFR 268.42.

    In   particular,   data   from   one   commenter   indicated  that  the
concentrations   of   2,4-dinitrotoluene  and  2,6-dinitrotoluene  in  K111
wastewaters and nonwastewaters are sufficiently high such that treating the
K111  wastes  to the F039 treatment standards for these constituents should
be  an  acceptable  surrogate  to  ensure  that  the other constituents are
treated to acceptably low levels.

    The   other   constituents   include  nitrocresols,  nitrophenols,  and
nitrobenzoic  acid;  since reliable analytical methods are not available to
quantify  these  constituents  in  waste  matrices, the Agency will not set
concentration-based    treatment    standards    for   them.   By   setting
concentration-based  standards  for  the  quantifiable  components  of K111
wastewaters  and  nonwastewaters,  EPA is allowing the use of any treatment
system  (other than impermissible dilution) that meet these numbers for the
dinitrotoluenes.
    Data  from this same commenter also indicated that biological treatment
can  achieve significant reductions in the concentration of toluenediamines
in  K112  wastewater  streams.  Based on the commenter's data demonstrating
substantial  reductions in K112 wastewater toluenediamine concentrations in
the  course  of biological treatment, EPA is adding biodegradation (BIODEG)
to  the  set  of methods-of-treatment designated as treatment standards for
K112 wastewaters.

    EPA  believes,  in  addition,  that  o-toluidine  and  p-toluidine, the
listing components of U328 and U359, are sufficiently chemically similar to
toluenediamines  that the treatment standards for K112 should also apply to
U328  and  U359  wastes.  EPA  is,  therefore,  including  BIODEG among the
methods-of- treatment standards promulgated for U328 and U359 wastewaters.

    The  definition  of  BIODEG  as  a technology-based standard for listed
wastewaters  calls  for operating the unit such that ''a surrogate compound
or  indicator  parameter has been substantially reduced in concentration in
the  residuals.''  EPA  believes  that this provision allows permitting and
compliance  authorities  adequate  control  over  the  BIODEG  unit so that
biodegradation  can  be  designated  BDAT for these wastes, which have been
documented to amenable to biological treatment.
    EPA  is  promulgating  treatment  standards  for  K112,  U328  and U359
nonwastewaters as proposed: incineration (INCIN) as a method of treatment.
 BDATTreatment Standards forK111
    Nonwastewaters

 Regulated constituent     2,4-Dinitrotoluene
 Maximum for any single grab sample-Total composition (mg/kg)
 140

    2,6-Dinitrotoluene
 Maximum for any 24 composite sample-Total compostition (mg/l)
 28

 BDATTreatment Standards forK111
     Wastewaters

 Regulated constituent     2,4-Dinitrotoluene
 Maximum for any single grab sample-Total composition (mg/l)
 0.32

 Regulated constituent     2,6-Dinitrotoluene
 Maximum for any single grab sample-Total composition (mg/l)
 0.55

E.  Wastes  From the Production of Ethylene Dibromide (K117, K118 and K136)
and Wastes From the Production of Methyl Bromide (K131 and K132)

K117-Wastewater  production  from  the  reactor  vent  gas  scrubber in the
production of ethylene dibromide via bromination of ethylene.

K118-Spent  adsorbent  solids  from  purification of ethylene dibromide via
bromination of ethylene dibromide via bromination of ethylene.

K136-Still  bottoms  from  the  purification  of  ethylene dibromide in the
production of ethylene dibromide via bromination of ethylene.

K131-Wastewater  from  the  reactor  and  spent sulfuric acid from the acid
dryer from the production of methyl bromide.

K132-  Spent  adsorbent and wastewater separator solids from the production
of methyl bromide.
    With  one  exception,  today's rule promulgates the treatment standards
for  ethylene  dibromide  wastes  (K117,  Kl18 and K136) and methyl bromide
wastes  (K131  and  K132)  that  the Agency proposed in the January 9, 1992
proposed  rule,  where  it  discussed the generation and characteristics of
these  wastes  (57  FR  966-967).  These  are concentration-based standards
numerically  equal  to  the  FO39  standards  for the constituents of these
wastes;  the  BDAT  Background Document for U and P Wastes and Multi-Source
Leachate  (F039)  (volumes  A  and  C)  describes  how  each  standard  was
calculated. The nonwastewater standards (volume C) are based on the results
of  a series of incineration tests performed by the Agency in the course of
developing  treatment  standards  for  earlier  land  disposal restrictions
rulemakings.  The  wastewater  standards  (volume  A)  are  based  on  data
collected  by  EPA's  Office {pg 37202} of Water and Office of Research and
Development  and  reflect  a variety of industrial wastewater technologies.
Technologies  used  to  develop  the  wastewater  numbers  promulgated here
include steam stripping, activated sludge, and air stripping.

    The one change that EPA is making is as follows: EPA proposed treatment
standards for ''1,1,2- tribromomethane'' in the January 9, 1992, notice (57
FR  996  and  997).  (This  was  a  misprint  for  1,1,2-tribromoethane,  a
constituent  present  in the ethylene dibromide process waste stream K118).
At  the  time  of  the  proposed  rule,  EPA  was considering adding 1,1,2-
tribromoethane  to  its  BDAT  List of constituents known to be amenable to
quantification  in  waste  matrices  with  existing SW-846 methods. EPA has
since  decided  not  to  add  1,1,2-tribromoethane  to the BDAT List and is
consequently not promulgating treatment standards for this compound.

    As a result of soliciting data on the proposed standards in the May 30,
1991,  Advance  Notice  of  Proposed  Rulemaking and then in the January 9,
1992, Proposed Rule, EPA received comments from the two facilities believed
to  generate  all  of  these waste streams. Both supported the use of steam
stripping  for  treating  brominated wastewaters. One of the two commenters
submitted  data  characterizing  the results of steam stripping groundwater
that  had  become  contaminated  with  ethylene dibromide and several other
brominated  and  chlorinated  compounds. Because these data did not clearly
identify  corresponding  influent  and  effluent streams, they could not be
used  to  evaluate  the  performance  of the system in terms of contaminant
removal.

    This commenter also endorsed the incineration-based numerical treatment
standards  for  nonwastewater  forms  of  these  wastes. A second commenter
objected,  however,  to  the incineration-based nonwastewater standards. In
particular,  the  commenter  claimed  that bromine forms corrosive hydrogen
bromide  in  incinerator  combustion  chambers.  This  commenter,  the sole
generator  of  K118,  reported difficulties in incinerating a batch of K118
nonwastewater  at  a  commercial  facility  and requested that EPA base all
treatment standards for organobromine wastes on steam stripping.

    The  Agency acknowledges that there may be difficulties in incinerating
brominated   wastes   (even   though   one  commenter  explicitly  endorses
incineration-based    standards    for   K117,   K118,   K131,   and   K132
nonwastewaters).  In  the  absence  of  performance  data on an alternative
process  for  nonwastewaters,  EPA  is  promulgating the incineration-based
nonwastewater standards that were originally proposed. Steam stripping, and
any  other  forms of waste treatment other than impermissible dilution, may
also  be  used  to  achieve the numerical treatment standards regardless of
which  technology  served  as  the basis of the standards. Furthermore, the
regulated  community  has  options,  including applying for treatability or
capacity  variances,  for  overcoming  technical  difficulties  in treating
especially problematic batches of wastes.
 BDATTreatment Standards forK117, K118,andK136
     Nonwastewaters

 Regulated constituent     Ethylene dibromide
 Maximum for any single grab sample-Total composition (mg/kg)
 15.0

 Regulated constituent     Bromomethane
 Maximum for any single grab sample-Total composition (mg/kg)
 15.0

 Regulated constituent     Chloroform
 Maximum for any single grab sample-Total composition (mg/kg)
 5.6

 BDATTreatment Standards forK117, K118,andK136
     Wastewaters

 Regulated constituent     Ethylene dibromide
 Maximum for any single grab sample-Total composition (mg/l)
 0.028

 Regulated constituent     Bromomethane
 Maximum for any single grab sample-Total composition (mg/l)
 0.11

 Regulated constituent     Chloroform
 Maximum for any single grab sample-Total composition (mg/l)
 0.046

 BDATTreatment Standards forK131andK132
     Nonwastewaters

 Regulated constituent     Bromomethane (methyl bromide)
 Maximum for any single grab sample-Total composition (mg/kg)
 15

 BDATTreatment Standards forK131andK132
     Wastewaters

 Regulated constituent     Bromomethane (methyl bromide)
 Maximum for any single grab sample-Total composition (mg/l)
 0.11

F.  Wastes  From  the  Production  of Ethylenebisdithiocarbamic Acid (K123,
K124, K125, and K126)

K123-Process wastewater (including supernatants, filtrates and wash waters)
from the production of ethylenebisdithiocarbamic acid and its salts.

K124-Reactor    vent    scrubber    water    from    the    production   of
ethylenebisdithiocarbamic acid and its salts.

K125-Purification    solids    (including   filtration,   evaporation   and
centrifugation  solids)  from  the  production of ethylenebisdithiocarbamic
acid and its salts.

K126-Baghouse  dust and floor sweepings in milling and packaging operations
from the production of ethylenebisdithiocarbamic acid and its salts.

    EPA   is   promulgating   the   treatment  standards  as  proposed  for
ethylenebisdithiocarbamic  acid  wastes (EDBC) (K123-K126). The preamble in
the  proposed  rule  describes  the generation and characteristics of these
wastes  in  greater  detail  (57  FR 967). The Agency proposed incineration
(INCIN)  as  a  method of treatment as the treatment standard for K123-K126
nonwastewaters   and   incineration   or  chemical  oxidation  followed  by
biological  treatment  or  carbon adsorption (INCIN or CHOXD) for K123-K126
wastewaters.   EPA   received   no  comments  challenging  these  treatment
standards.

    Although  EPA is expanding the set of methods of treatment as standards
to  include BIODEG by itself for the methyl hydrazine wastes K107-K110, the
toluenediamine  waste  K112,  the  toluidine  wastes  U326  and  U353,  and
2-ethoxyethanol  U359, EPA is not adding BIODEG alone to the set of methods
of  treatment  for the EDBC wastewaters. For each of the cases where EPA is
today  adding  BIODEG  to  the  list of promulgated methods of treatment as
standards,   EPA   has  either  treatability  data  documenting  successful
treatment  of these wastes or their close analogues in a biological unit or
data   demonstrating   that  these  wastes  readily  hydrolyze  to  simple,
relatively  nontoxic  compounds  known to be readily amenable to biological
degradation.  In  the absence of any such data about EDBC waste amenability
to  hydrolysis  or  biodegradation,  EPA chooses not to include BIODEG as a
primary method of treatment for EDBC wastewaters. {pg 37203}

IV. Detailed Discussion of Final Rule: Changes to Existing Regulations

A. Revisions to the F001-F005 Spent Solvents Treatment Standards

F001-   The  following  spent  halogenated  solvents  used  in  degreasing:
Tetrachloroethylene,    trichloroethylene,   methylene   chloride,   1,1,1-
trichloroethane,  carbon  tetrachloride, and chlorinated fluorocarbons; all
spent  solvent mixtures/blends used in degreasing containing, before use, a
total  of  10  percent  or  more  (by  volume)  of one or more of the above
halogenated  solvents  or those solvents listed in F002, F004, and F005 and
still  bottoms  from the recovery of these spent solvents and spent solvent
mixtures.

F002-The   following   spent   halogenated  solvents:  Tetrachloroethylene,
methylene      chloride,      trichloroethylene,     1,1,1-trichloroethane,
chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene
,  trichlorofluoromethane,  and  1,1,2-trichloroethane;  all  spent solvent
mixtures/blends  containing,  before  use, a total of 10 percent or more of
the  above halogenated solvents or those listed in F001, F004, or F005; and
still  bottoms  from the recovery of these spent solvents and spent solvent
mixtures.

F003-The  following  spent  nonhalogenated solvents: Xylene, acetone, ethyl
acetate,  ethyl  benzene,  ethyl  ether,  methyl  isobutyl  ketone, n-butyl
alcohol,  cyclohexanone,  and  methanol;  all spent solvent mixtures/blends
containing,  before  use, only the above spent nonhalogenated solvents; and
all  spent  solvent  mixtures/blends containing, before use, one or more of
the-above  nonhalogenated  solvents,  and a total of 10 percent or more (by
volume)  of  one  or more of those solvents listed in F001, F002, F004, and
F005; and still bottoms from the recovery of these spent solvents and spent
solvent mixtures.

F004- The following spent nonhalogenated solvents: Cresol and cresylic acid
and nitrobenzene; all spent solvent mixtures/blends containing, before use,
a  total  of  10  percent  or  more (by volume) of one or more of the above
nonhalogenated  solvents  or those solvents listed in F001, F002, and F005;
and  still  bottoms  from  the  recovery  of these spent solvents and spent
solvent mixtures.

F005-The  following  spent  nonhalogenated  solvents: Toluene, methyl ethyl
ketone,  carbon  disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol,
and  2-  nitropropane; all spent solvent mixtures/blends containing, before
use,  a total of 10 percent or more (by volume) of one or more of the above
nonhalogenated  solvents  or  those solvents listed in F001, F002, or F004;
and  still  bottoms  from  the  recovery  of these spent solvents and spent
solvent mixtures.

    The  Agency  is  promulgating  revised  treatment standards for solvent
wastewaters  of  F001-F005 wastes as proposed in the January 9, 1992 notice
(57 FR 969- 971).

1. Regulatory Background

    a.Listing Definitions. On May 19, 1980 (45 FR 33119), the Environmental
Protection  Agency  (EPA)  listed  26  commonly  used  organic  solvents as
hazardous  wastes  when spent or discarded. The solvents were listed as EPA
Hazardous  Waste Nos. F001, F002, F003, F004, and F005. These listed wastes
included  certain  spent halogenated and nonhalogenated solvents, including
still bottoms from the recovery of these solvents.

    On December 31, 1985 (50 FR 53315), the Agency promulgated an amendment
to  the  listings  to  include mixtures containing a total of 10 percent or
more  (by  volume)  of  one  or more of the listed solvents (the 10 percent
threshold  always  applied  to  solvent  mixtures  before  use). The Agency
believed  that  establishing  a  threshold  level below the minimum solvent
concentration  typically  used  in  solvent  formulations  would  bring the
majority  of  solvent  mixtures  used  in commerce into the hazardous waste
management  system,  while  excluding  dilute  mixtures.  The  Agency  also
clarified  in  the  December 31, 1985, Federal Register (50 FR 53315), that
the  listings cover only those solvents that are used for their ''solvent''
properties,  i.e., to solubilize (dissolve) or mobilize other constituents.
Manufacturing  process  wastes  where  solvents  were  used as reactants or
ingredients  in  the  formulation  of  commercial chemical products are not
covered by the listing.

    The  definition  of  the  spent  solvents  listing did not include four
solvents  that were added to the F001-F005 listing on February 25, 1986 (51
FR    40607):    Benzene,    2-ethoxyethanol,    2-    nitropropane,    and
1,1,2-trichloroethane.

    b.F001-F005  Treatment  Standards.  The  Agency  promulgated  treatment
standards  for  the F001- F005 spent solvent wastes on November 7, 1986 (51
FR  40593).  The Agency also promulgated a requirement that compliance with
the  treatment standard be measured in the waste extract as measured by the
Toxicity Characteristic Leaching Procedure (TCLP).

    This approach was taken because useful data were not available on total
constituent  concentrations in treated residuals, and as a result, the TCLP
data were considered to be the best measure of performance.

    Since  that  time  EPA  has  based  treatment standards for all organic
constituents  on  the total constituent concentration analysis found in the
treated  waste.  EPA  has  based  this  decision  on the fact that the best
demonstrated  available  treatment  (BDAT)  for  organic  wastes  generally
destroy  the  hazardous organic constituents. Accordingly, treatment should
reflect  the  extent  to  which  the  various  organic  compounds have been
destroyed or the total amount of constituent remaining after treatment.

    c.Methylene Chloride Standard Revised. As part of the First Third Rule,
the  Agency  revised  and  promulgated the treatment standard for methylene
chloride  in  F001-F005 wastewaters from the pharmaceutical industry (53 FR
31152).  The  revised  treatment  standard  was  based  on  the transfer of
wastewater  treatment  data  from  steam  stripping  of methylene chloride.
Compliance  with this treatment standard is measured by a total constituent
analysis.

    d.Setting   Treatment   Standards   for   Four   (4)  ''Newly  Listed''
Constituents  (51  FR 6737, February 25, 1986). In the Third Third rule (55
FR    22576),    the    Agency    promulgated   treatment   standards   for
1,1,2-trichloroethane, benzene, 2-ethoxyethanol, and 2-nitropropane in F002
and  F005  spent  solvents.  (EPA  did not amend the previously promulgated
treatment  standards  for the other solvent constituents in F002 and F005).
The  concentration-based  treatment standards for 1,1,2-trichloroethane and
benzene  in wastewater forms were based on performance data generated from:
biological   treatment,   steam   stripping,   carbon   adsorption,  liquid
extraction,   and   others.  The  concentration-based  treatment  standards
promulgated  for  1,1,2-trichloroethane  and benzene in nonwastewater forms
were based on performance data from incineration. These treatment standards
are  measured  by  total constituent analysis. EPA had also determined that
the  available  data  were  insufficient  to  establish concentration-based
treatment   standards  for  wastewater  and  nonwastewater  forms  of  F005
containing  2-nitropropane  and  2-ethoxyethanol  and  instead  promulgated
methods of treatment as the treatment standards. Again, EPA is not revising
this previously promulgated treatment standard.

2. Overlap Between F001-F005 Solvents and Other BDAT Standards.

    Many of the solvent constituents that are regulated in F001-F005 wastes
are  also  regulated  in  the  First,  Second,  and  Third  Third rules, as
discussed in the preamble to the January 9, 1992 proposed rule (57 FR 970).

    In  the November 22, 1989 proposed rule for the Third Third wastes, EPA
proposed  two  alternative sets of {pg 37204} concentration-based treatment
standards  for  wastewater  forms  for  the  majority of the U and P listed
wastes,  many  of which are solvent constituents found in F001-F005 wastes.
One  set  of  treatment  standards  was  based on the concentration of each
constituent  in  incinerator  scrubber  water;  whereas,  the second set of
treatment  standards was based on wastewater treatment performance data for
each constituent. On the basis of comments received, the Agency promulgated
treatment  standards  based on wastewater treatment performance data. These
treatment standards were promulgated on June 1, 1990 (55 FR 22601).

    The Agency also proposed treatment standards for nonwastewater forms of
U  and  P  listed  wastes  on November 22, 1989 (54 FR 48372). In the final
Third   Third   rule,   the  Agency  promulgated  treatment  standards  for
approximately  75  constituents,  establishing  either  concentration-based
standards, or incineration as a method of treatment as BDAT.

    Treatment  standards  for  several F and K listed wastes containing the
same  solvent  constituents as are present in F001-F005 solvent wastes were
also  promulgated  in  the  Third Third rule as discussed in the January 9,
1992 proposed rule (57 FR 970).

3. Comments Received on the January 9, 1992 Proposed Rule

    The  Agency  received  a  number of generally favorable comments on the
proposed   approach-that   is,   most  commenters  supported  revising  the
nonwastewater  treatment  standards  from  the  existing  TCLP standards to
standards  based on total concentrations. Hazardous Waste Treatment Council
(HWTC)  expressed  concerns,  however, with regard to meeting concentration
based  standards  for  five  constituents:  chlorobenzene, n-butyl alcohol,
o-cresol,  ethyl  acetate,  and  nitrobenzeneone.  EPA  acknowledges HWTC's
concerns  with  regard to potential analytical difficulties in the analysis
of  these  five constituents. EPA has, in fact, addressed this issue in the
June  1, 1990 final rule (55 FR 22541). If the treater uses incineration to
treat  these  wastes  and  achieves  a  non-detect level within an order of
magnitude  of the promulgated treatment standards, then they are considered
to have achieved the standard (see 55 FR 22541, June 1, 1990).

    Most  of  HWTC's  problem constituents would be able to comply with the
treatment  standard  after  the  order of magnitude allowance is taken into
account.  One  constituent,  o-  cresol, according to the data submitted by
HWTC,  appears  to  exceed the proposed treatment standard. After reviewing
available  incineration  and  combustion  data  for  this  constituent, EPA
believes  the  proposed treatment standards (and the one order of magnitude
allowance)   are  reasonable  and  achievable.  In  fact,  the  Agency  has
promulgated  treatment  standards  for o-cresol in K019, F039 and U052 at a
level of 5.6 ppm with detection limits of less than 2.0 ppm. Also, o-cresol
is  a regulated constituent in K052, whose treatment standard of 6.2 ppm is
based  on  a  detection  limit of 2.2 ppm which was based on treatment data
submitted  from  industry  (55  FR  22594).  EPA is therefore, promulgating
today,  treatment  standards  for  each  one  of  the  five constituents as
proposed on January 9, 1992 (57 FR 971).

4. Final Approach

    The  Agency  is  promulgating  revised  treatment  standards  for  both
nonwastewater  and  wastewater  forms of F001-F005 wastes as proposed. (See
the  Table  at  end  of  this  section  for specific treatment levels.) The
methodology  used to develop the treatment standards for both nonwastewater
and  wastewater  forms of F039 (multisource leachate) was used to determine
the  revised  treatment  standards  for the F001-F005 spent solvents. These
revisions do not, however, include the four solvents that were added to the
solvents    listings:   benzene,   2-ethoxyethanol,   2-nitropropane,   and
1,1,2-trichloroethane.  Treatment  standards  for  these  constituents were
promulgated in the Third Third final rule in accordance with the previously
mentioned methodology.

    Today's   rule   does  not  include  revised  treatment  standards  for
nonwastewater  forms  of carbon disulfide, cyclohexanone, or methanol based
on total constituent analysis. These three constituents are not well suited
for  total  constituent  analysis,  and,  in  fact,  are more appropriately
analyzed  by the TCLP methodology. The Agency did not propose to revise the
existing  TCLP  treatment  standards,  for these three constituents, in the
January  9,  1992  rulemaking.  The  Agency  is retaining the existing TCLP
standards  for  these  three  constituents  in  F001-F005 nonwastewaters in
today's  rulemaking. (TCLP treatment standards for these three constituents
appear in a table at the end of this section).

    Because  the Agency does not want to require unnecessary and burdensome
testing, the TCLP test will only have to be performed if the waste includes
only one, two or all three of these constituents. If the waste contains any
of  these  three  constituents  along with any of the other 26 constituents
found in F001-F005 for which the Agency is promulgating treatment standards
based  on  total  constituents  analysis,  only  the total analysis need be
performed.  It  is  assumed  that  after  treatment is performed, for these
organic  constituents,  and  the  total constituent standards are achieved,
that these three constituents will also have been treated.

    a.Revisions  to  the Standards for Cresols. In the Solvents and Dioxins
rule,  the  Agency promulgated BDAT treatment standards for ''cresols.'' At
that  time, the Agency did not distinguish between the various isomers that
are   present   in   cresols.   As  a  result,  the  Agency  promulgated  a
concentration- based treatment standard for cresol wastewaters of 2.82 mg/l
based   on   the   performance   of   activated   carbon   adsorption.  For
nonwastewaters,  the  Agency  had no data on TCLP extracts of residues from
the  incineration  of  cresols (cresylic acid) to use in the development of
the  treatment standard. EPA, instead, used chemical structure as the basis
for  transferring  the  treatment  data from methyl ethyl ketone to cresols
(cresylic  acid) in spent solvents. The treatment standard of 0.75 mg/l for
nonwastewaters is based on the transferred data.

    In  the Third Third rule, EPA promulgated treatment standards for U052.
U052  is  listed  as  ''cresols  (Cresylic  acid).  U052 typically contains
various  levels  of  ortho-cresol, meta-cresol, and para-cresol. Analytical
methods  are  usually  reported  for  o-cresol  (CAS  No.  95-48-7)  and  a
combination  of  m-  and  p-cresols,  because m- cresol and p-cresol cannot
generally   be  distinguished  by  analytical  methods.  Thus,  the  Agency
promulgated concentration-based standards for U052 based on an analysis for
o-cresol and the mixture of m- cresol and p-cresol.

    Based  on  this,  the  Agency  is today modifying the current treatment
standards  for the constituent ''cresols'' in F001-F005 wastes as proposed.
(57 FR 970, January 9, 1992).

    b.Modification  to  the  Regulatory Placement of F001-F005 Standards.In
today's  rule,  EPA is promulgating revised treatment standards for solvent
wastewaters  (F001-F005)  in  Table  CCW  (40 CFR 268.43) as proposed. (The
following  treatment standards for wastewaters are based on F039 wastewater
data, and for nonwastewater is based on incineration data).
 Promulgated BDAT Treatment Standards forF001-F005Spent Solvent
 Wastes
     Wastewater; Total Concentration

 Regulated constituent     Acetone
 Wastewater (mg/l)     0.28

 Regulated constituent     n-Butyl alcohol
 Wastewater (mg/l)     5.6

 Regulated constituent     Carbon disulfide
 Wastewater (mg/l)     0.014

 Regulated constituent     Carbon tetrachloride
 Wastewater (mg/l)     0.057

 Regulated constituent     Chlorobenzene
 Wastewater (mg/l)     0.057
 Regulated constituent     Cresol(m- and p- isomers)
 Wastewater (mg/l)     0.77

 Regulated constituent     o-Cresol
 Wastewater (mg/l)     0.11

 Regulated constituent     Cyclohexanone
 Wastewater (mg/l)     0.36

 Regulated constituent     1,2-Dichlorobenzene
 Wastewater (mg/l)     0.088

 Regulated constituent     Ethyl acetate
 Wastewater (mg/l)     0.34

 Regulated constituent     Ethyl benzene
 Wastewater (mg/l)     0.057

 Regulated constituent     Ethyl ether
 Wastewater (mg/l)     0.12

 Regulated constituent     Isobutyl alcohol
 Wastewater (mg/l)     5.6

 Regulated constituent     Methanol
 Wastewater (mg/l)     5.6

 Regulated constituent     Methylene chloride
 Wastewater (mg/l)      fn 1 0.089

 Regulated constituent     Methyl ethyl ketone
 Wastewater (mg/l)     0.28

 Regulated constituent     Methyl isobutyl ketone
 Wastewater (mg/l)     0.14

 Regulated constituent     Nitrobenzene
 Wastewater (mg/l)     0.068

 Regulated constituent     Pyridine
 Wastewater (mg/l)     0.014

 Regulated constituent     Tetrachloroethylene
 Wastewater (mg/l)     0.056

 Regulated constituent     Toluene
 Wastewater (mg/l)     0.08

 Regulated constituent     1,1,1-Trichloroethane
 Wastewater (mg/l)     0.054

 Regulated constituent     Trichloroethylene
 Wastewater (mg/l)     0.054

 Regulated constituent     1,1,2-Trichloro-1,2,2,-trifluoroethane
 Wastewater (mg/l)     0.057

 Regulated constituent     Trichloromonofluoromethane
 Wastewater (mg/l)     0.02

 Regulated constituent     Xylenes (total)
 Wastewater (mg/l)     0.32

  fn 1 The methylene chloride treatment standard for wastewaters
 generated from pharmaceutical plants is 0.44 mg/l.
 NA: Not applicable.

 Promulgated BDAT Treatment Standards forF001-F005Spent Solvent
 Wastes
  Nonwastewater; Total Concentration

 Regulated constituent     Acetone
 Nonwastewate (mg/kg)     160

 Regulated constituent     n-Butyl alcohol
 Nonwastewate (mg/kg)     2.6

 Regulated constituent     Carbon disulfide
 Nonwastewate (mg/kg)      fn 1 NA

 Regulated constituent     Carbon tetrachloride
 Nonwastewate (mg/kg)     5.6

 Regulated constituent     Chlorobenzene
 Nonwastewate (mg/kg)     5.7
 Regulated constituent     Cresol(m- and p- isomers)
 Nonwastewate (mg/kg)     3.2

 Regulated constituent     o-Cresol
 Nonwastewate (mg/kg)     5.6

 Regulated constituent     Cyclohexanone
 Nonwastewate (mg/kg)      fn 1 NA

 Regulated constituent     1,2-Dichlorobenzene
 Nonwastewate (mg/kg)     6.2

 Regulated constituent     Ethyl acetate
 Nonwastewate (mg/kg)     33

 Regulated constituent     Ethyl benzene
 Nonwastewate (mg/kg)     6.0

 Regulated constituent     Ethyl ether
 Nonwastewate (mg/kg)     160

 Regulated constituent     Isobutyl alcohol
 Nonwastewate (mg/kg)     170

 Regulated constituent     Methanol
 Nonwastewate (mg/kg)      fn 1 NA

 Regulated constituent     Methylene chloride
 Nonwastewate (mg/kg)     33

 Regulated constituent     Methyl ethyl ketone
 Nonwastewate (mg/kg)     36

 Regulated constituent     Methyl isobutyl ketone
 Nonwastewate (mg/kg)     33

 Regulated constituent     Nitrobenzene
 Nonwastewate (mg/kg)     14

 Regulated constituent     Pyridine
 Nonwastewate (mg/kg)     16

 Regulated constituent     Tetrachloroethylene
 Nonwastewate (mg/kg)     5.6

 Regulated constituent     Toluene
 Nonwastewate (mg/kg)     28

 Regulated constituent     1,1,1-Trichloroethane
 Nonwastewate (mg/kg)     5.6

 Regulated constituent     Trichloroethylene
 Nonwastewate (mg/kg)     5.6

 Regulated constituent     1,1,2-Trichloro-1,2,2,-trifluoroethane
 Nonwastewate (mg/kg)     28

 Regulated constituent     Trichloromonofluoromethane
 Nonwastewate (mg/kg)     33

 Regulated constituent     Xylenes (total)
 Nonwastewate (mg/kg)     28

  fn 1 These treatment standards are based on TCLP, not total
 constituent concentration (see following table with TCLP
 treatment standards).

 NA: Not applicable.

 Promulgated BDAT Treatment Standards forF001-F005Spent Solvent
 Wastes
  Nonwastewater; Toxicity Characteristic Leaching Procedure

 Regulated constituent     Carbon disulfide
 Nonwastewater (mg/l)      4.8

 Regulated constituent     Cyclohexanone
 Nonwastewater (mg/l)      0.75

 Regulated constituent     Methanol
 Nonwastewater (mg/l)      0.75

B. Conversion of Wastewater Standards Based on Scrubber Water

K015-Still bottoms from the distillation of benzyl chloride
K016-Heavy  ends  or  distillation  residues  from the production of carbon
tetrachloride

K018-Heavy ends from the fractionation column in ethyl chloride production

K019-Heavy  ends  from  the distillation of ethylene dichloride in ethylene
dichloride production

K020-Heavy  ends  from the distillation of vinyl chloride in vinyl chloride
production

K023-Distillation light ends from the production of phthalic anhydride from
naphthalene

K024-Distillation  bottom  tars  from  the production of phthalic anhydride
from naphthalene

K028-Spent  catalyst from the hydrochlorinator reactor in the production of
1,1,1-trichloroethane

K030-Column   bottoms  or  heavy  ends  from  the  combined  production  of
trichloroethylene and perchloroethylene
K048-Dissolved  air  flotation  (DAF)  float  from  the  petroleum refining
industry

K049-Slop oil emulsion solids from the petroleum refining industry

K050-Heat  exchanger  bundle  cleaning  sludge  from the petroleum refining
industry

K051-API separator sludge from the petroleum refining industry

K052-Tank bottoms (leaded) from the petroleum refining industry

K087-Decanter tank tar sludge from coking operations

K093-Distillation light ends from the production of phthalic anhydride from
ortho-xylene

K094-  Distillation  bottoms from the production of phthalic anhydride from
ortho-xylene

U028-Bis(2-ethylhexyl)phthalate
U069-Di-n-butyl phthalate

U088-Diethyl phthalate

U102-Dimethyl phthalate

U107-Di- n-octyl phthalate

U190-Phthalic anhydride (measured as Phthalic acid)

    On  November  22, 1989 (54 FR 48372), EPA proposed as part of the Third
Third  rule  concentration-based  treatment  standards  for numerous listed
wastes  based  on the performance of incineration. For the wastewaters, the
treatment  standards were based on the concentration of the constituents of
concern  in  incineration scrubber waters. In the final rule (55 FR 22520),
however,   EPA   altered  its  approach  to  setting  these  standards  and
promulgated  treatment standards for wastewaters based on actual wastewater
treatment data for the constituents of concern. This change was adopted for
a number of reasons.

    First,  it was stated in the final rule for the Second Third wastes (54
FR  26629)  and  reiterated in the final rule for Third Third wastes (55 FR
22577)  that when the Agency had appropriate wastewater treatment data from
well-designed  and well-operated wastewater treatment units it preferred to
use  those  data  rather  than  scrubber  water  data to develop wastewater
treatment standards. This is because incineration is not a normal treatment
method for wastewaters. In addition, alternative standards were proposed in
the Third Third notice for multisource leachate (F039) wastewaters based on
a  transfer of performance data from various sources. Second, commenters on
the  proposed  Third  Third  rule had urged the Agency to develop treatment
standards  for wastewater forms based on residues from wastewater treatment
technologies  rather  than  incineration  scrubber  waters.  Commenters  on
previous  rules  had  also  stated  that when EPA had performance data from
technologies   treating   wastewaters   containing   the  same  or  similar
constituents that EPA should use it to develop treatment standards.

    The  Agency  reviewed  all  of the aforementioned data during the Third
Third     comment     period     and    promulgated    constituent-specific
concentration-based  standards.  Detailed information on the development of
the  wastewater treatment standards can be found in the background document
titled  Final  Best  Demonstrated  Available  Technology  (BDAT) Background
Document  for  U  and P Wastes and Multi-Source Leachates (F039), Volume A:
Wastewater  Forms  of  Organic  U  and  P Wastes and Multi-Source Leachates
(F039)  for  Which There Are Concentration-Based Treatment Standards. (This
document can be found in the RCRA docket for the Third Third final rule).

    As  part  of  the  First  Third and Second Third rules, EPA promulgated
treatment  standards for wastewater forms of 23 K and U wastes (i.e., K015,
K016,  K018,  K019,  K020,  K023, K024, K028, K030, K048, K049, K050, K051,
K052,  K087,  K093,  K094,  U028,  U069, U088, U102, U107, and U190). These
wastewater  treatment  standards  were  based  on  data  from  incineration
scrubber waters. Upon review of all available data and comments, the Agency
believes  that  {pg 37206} BDAT for these wastewaters is better represented
by  concentration-  based  treatment  standards  based on actual wastewater
treatment   technologies   rather   than  scrubber  waters  generated  from
incineration.    Therefore,    the    Agency    is    today    promulgating
concentration-based  treatment standards for these wastewaters as proposed.
The  wastes  affected  by  this  change  come  primarily from three general
treatability  groups: chlorinated organics, petroleum wastes, and phthalate
wastes. The Agency believes that this change is consistent with the changes
made  to  the wastewater standards in the final Third Third rule. It should
be  noted,  however,  that  any  technology not otherwise prohibited (e.g.,
impermissible  dilution)  may  be  used  to  meet  the  concentration-based
treatment standards for these wastewaters, including incineration.

    Finally,  during  the  development  of the Third Third rule, the Agency
determined  that  for  pentachloroethane  (a regulated constituent in K018,
K028,  and  K030),  complications  arose  in  terms  of  how  reliably  the
constituent  could  be quantified (55 FR 22611). As such, the Agency made a
decision  to  promulgate  a method (or methods) of treatment, rather than a
constituent-specific  standard.  Today,  EPA  is deleting pentachloroethane
from further regulation in the wastewater forms of K018, K028, and K030, as
discussed  in  the  January  9,  1992  proposed  rule.  Treatment  of other
constituents   will  act  as  reliable  surrogates  for  the  treatment  of
pentachloroethane in these wastes.
 Promulgated Treatment Standards for Various F and K Wastewaters

 Waste code and regulated organic constituent

    K015:

 Anthracene
 Revised standard (mg/l)     0.059

 Benzal chloride
 Revised standard (mg/l)     0.28

 Benzo(b and/or k)fluoranthene
 Revised standard (mg/l)     0.055

 Phenanthrene
 Revised standard (mg/l)     0.059

 Toluene
 Revised standard (mg/l)     0.080

    K016:

 Hexachlorobenzene
 Revised standard (mg/l)     0.055

 Hexachlorobutadiene
 Revised standard (mg/l)     0.055

 Hexachlorocyclopentadiene
 Revised standard (mg/l)     0.057

 Hexachloroethane
 Revised standard (mg/l)     0.055
 Tetrachloroethene
 Revised standard (mg/l)     0.056

    K018:

 Chloroethane
 Revised standard (mg/l)     0.27

 Chloromethane
 Revised standard (mg/l)     0.19

 1,1-Dichloroethane
 Revised standard (mg/l)     0.059

 1,2-Dichloroethane
 Revised standard (mg/l)     0.21

 Hexachlorobenzene
 Revised standard (mg/l)     0.055

 Hexachlorobutadiene
 Revised standard (mg/l)     0.055

 Pentachloroethane
 Revised standard (mg/l)     NA

 1,1,1-Trichloroethane
 Revised standard (mg/l)     0.054

 Hexachloroethane
 Revised standard (mg/l)     0.055

    K019:

 bis(2-chloroethyl)-ether
 Revised standard (mg/l)     0.033

 Chlorobenzene
 Revised standard (mg/l)     0.057

 Chloroform
 Revised standard (mg/l)     0.046

 1,2-Dichloroethane
 Revised standard (mg/l)     0.21

 p-Dichlorobenzene
 Revised standard (mg/l)     0.09

 Fluorene
 Revised standard (mg/l)     0.059

 Hexachloroethane
 Revised standard (mg/l)     0.055

 Naphthalene
 Revised standard (mg/l)     0.059

 Phenanthrene
 Revised standard (mg/l)     0.059

 1,2,4,5-Tetrachlorobenzene
 Revised standard (mg/l)     0.055

 Tetrachloroethene
 Revised standard (mg/l)     0.056

 1,2,4-Trichlorobenzene
 Revised standard (mg/l)     0.055

 1,1,1-Trichloroethane
 Revised standard (mg/l)     0.054

    K020:

 1,2-Dichloroethane
 Revised standard (mg/l)     0.21

 1,1,2,2-Tetrachloroethane
 Revised standard (mg/l)     0.057

 Tetrachloroethene
 Revised standard (mg/l)     0.056

 K023: Phthalic anhydride (measured as phthalic acid)
 Revised standard (mg/l)     0.069

 K024: Phthalic anhydride (measured as phthalic acid)
 Revised standard (mg/l)     0.069

    K028:

 1,1-Dichloroethane
 Revised standard (mg/l)     0.059

 Trans 1,2-Dichloroethane
 Revised standard (mg/l)     0.054

 Hexachlorobutadiene
 Revised standard (mg/l)     0.055

 Hexachloroethane
 Revised standard (mg/l)     0.055

 Pentachloroethane
 Revised standard (mg/l)     NA

 1,1,1,2-Tetrachloroethane
 Revised standard (mg/l)     0.057
 1,1,2,2-Tetrachloroethane
 Revised standard (mg/l)     0.057

 Tetrachloroethene
 Revised standard (mg/l)     0.056

 1,1,1-Trichlorethane
 Revised standard (mg/l)     0.054

 1,1,2-Trichloroethane
 Revised standard (mg/l)     0.054

    K030:

 o-Dichlorobenzene
 Revised standard (mg/l)     0.088

 p-Dichlorobenzene
 Revised standard (mg/l)     0.09

 Hexachlorobutadiene
 Revised standard (mg/l)     0.055

 Hexachloroethane
 Revised standard (mg/l)     0.055

 Pentachloroethane
 Revised standard (mg/l)     NA

 1,2,4,5-Tetrachlorobenzene
 Revised standard (mg/l)     0.055

 Tetrachloroethene
 Revised standard (mg/l)     0.056

 1,2,4-Trichlorobenzene
 Revised standard (mg/l)     0.055

    K048:

 Benzene
 Revised standard (mg/l)     0.14

 Benzo(a)pyrene
 Revised standard (mg/l)     0.061

 Bis(2-ethylhexyl)-phthalate
 Revised standard (mg/l)     0.28

 Chrysene
 Revised standard (mg/l)     0.059

 Di-n-butyl phthalate
 Revised standard (mg/l)     0.057

 Ethylbenzene
 Revised standard (mg/l)     0.057

 Fluorene
 Revised standard (mg/l)     0.059

 Napthalene
 Revised standard (mg/l)     0.059

 Phenanthrene
 Revised standard (mg/l)     0.059

 Phenol
 Revised standard (mg/l)     0.039

 Pyrene
 Revised standard (mg/l)     0.067

 Toluene
 Revised standard (mg/l)     0.080

 Xylenes (total)
 Revised standard (mg/l)     0.32

    K049:

 Anthracene
 Revised standard (mg/l)     0.059

 Benzene
 Revised standard (mg/l)     0.14

 Benzo(a)pyrene
 Revised standard (mg/l)     0.061

 Bis(2-ethylhexyl)-phthalate
 Revised standard (mg/l)     0.28

 Carbon disulfide
 Revised standard (mg/l)     0.014

 Chrysene
 Revised standard (mg/l)     0.059

 2,4-Dimethylphenol
 Revised standard (mg/l)     0.036

 Ethylbenzene
 Revised standard (mg/l)     0.057

 Napthalene
 Revised standard (mg/l)     0.059

 Phenanthrene
 Revised standard (mg/l)     0.059

 Phenol
 Revised standard (mg/l)     0.039

 Pyrene
 Revised standard (mg/l)     0.067

 Toluene
 Revised standard (mg/l)     0.080

 Xylenes (total)
 Revised standard (mg/l)     0.32

    K050:

 Benzo(a)pyrene
 Revised standard (mg/l)     0.061

 Phenol
 Revised standard (mg/l)     0.039

    K051:

 Acenaphthene
 Revised standard (mg/l)     0.059

 Anthracene
 Revised standard (mg/l)     0.059

 Benz(a)anthracene
 Revised standard (mg/l)     0.059

 Benzene
 Revised standard (mg/l)     0.14

 Benzo(a)pyrene
 Revised standard (mg/l)     0.061

 Bis(2-ethylhexyl)-phthalate
 Revised standard (mg/l)     0.28

 Chrysene
 Revised standard (mg/l)     0.059
 Di-n-butyl phthalate
 Revised standard (mg/l)     0.057

 Ethylbenzene
 Revised standard (mg/l)     0.057

 Fluorene
 Revised standard (mg/l)     0.059

 Napthalene
 Revised standard (mg/l)     0.059

 Phenanthrene
 Revised standard (mg/l)     0.059

 Phenol
 Revised standard (mg/l)     0.039

 Pyrene
 Revised standard (mg/l)     0.067

 Toluene
 Revised standard (mg/l)     0.080

 Xylenes (total)
 Revised standard (mg/l)     0.32

    K052:

 Benzene
 Revised standard (mg/l)     0.14

 Benzo(a)pyrene
 Revised standard (mg/l)     0.061

 o-Cresol
 Revised standard (mg/l)     0.11

 p-Cresol
 Revised standard (mg/l)     0.77

 2,4-Dimethylphenol
 Revised standard (mg/l)     0.036
 Ethylbenzene
 Revised standard (mg/l)     0.057

 Naphthalene
 Revised standard (mg/l)     0.059

 Phenanthrene
 Revised standard (mg/l)     0.059

 Phenol
 Revised standard (mg/l)     0.039

 Toluene
 Revised standard (mg/l)     0.080

 Xylenes (total)
 Revised standard (mg/l)     0.32

    K087:

 Acenaphthalene
 Revised standard (mg/l)     0.059

 Benzene
 Revised standard (mg/l)     0.14

 Chrysene
 Revised standard (mg/l)     0.059

 Fluoranthene
 Revised standard (mg/l)     0.068

 Indeno(1,2,3-cd)pyrene
 Revised standard (mg/l)     0.055

 Naphthalene
 Revised standard (mg/l)     0.059

 Phenanthrene
 Revised standard (mg/l)     0.059

 Toluene
 Revised standard (mg/l)     0.080
 Xylenes (total)
 Revised standard (mg/l)     0.32

 K093: Phthalic anhydride (measured as Phthalic acid)
 Revised standard (mg/l)     0.069

 K094: Phthalic anhydride (measured as Phthalic acid)
 Revised standard (mg/l)     0.069

 U028: Bis(2-ethylhexyl)-phthalate
 Revised standard (mg/l)     0.28

 U069: Di-n-butyl phthalate
 Revised standard (mg/l)     0.057

 U088: Diethyl phthalate
 Revised standard (mg/l)     0.2

 U102: Dimethyl phthalate
 Revised standard (mg/l)     0.047

 U107: Di-n-octyl phthalate
 Revised standard (mg/l)     0.017

 U190: Phthalic anhydride (measured as phthalic acid)
 Revised standard (mg/l)     0.069

 NA: Not applicable.

C. Revisions to Treatment Standards for K061, K062, and F006

    With  two  exceptions,  the  Agency  is  promulgating  as  proposed the
treatment standards for the iron and steel process wastes K061 and K062 and
the  electroplating  waste  F006. The January 9, 1992, proposed rule (57 FR
975-977)  contained  three  major  provisions for K061, K062, and F006: (1)
Removing  the  Low  Zinc  and High Zinc subcategories for K061 electric arc
furnace   dust   wastes   and   establishing   the  high  zinc  subcategory
nonwastewater  standards  for  all  K061  nonwastewaters regardless of zinc
level;  (2)  setting  alternative  treatment  standards  for  K062 and F006
nonwastewaters  with  recoverable  amounts  of nickel and chromium; and (3)
excluding  from  regulation  as  a hazardous waste nonwastewater {pg 37207}
residues  generated  from high-temperature metals recovery (HTMR) treatment
of  F006  and  K062  provided  the  residues  meet  the  designated generic
exclusion  levels,  they  are disposed of in a subtitle D unit, and they do
not exhibit one or more of the hazardous waste characteristics.

    One  of  the  two  changes  the  Agency  has  made between proposal and
promulgation  consists  of  basing  the  promulgated generic exclusion on a
different  fate-and-transport  model  than  the proposed exclusion and thus
promulgating  different  exclusion  levels  for  several  contaminants. The
second  change  is that EPA is promulgating neither treatment standards nor
exclusion  levels for vanadium, thus effectively deleting vanadium from the
K061, K062, and F006 rulemaking.

    The  August  19,  1991 (56 FR 41164), final rule for K061 (electric arc
dust)  set  numerical treatment standards for high-zinc K061 nonwastewaters
based  on  the  performance of high-temperature metals recovery units. This
final  rule also promulgated a generic exclusion from the derived-from rule
for nonwastewater residues generated from HTMR processing of K061 wastes.

    Today's  rule  extends both the HTMR- based treatment standards and the
generic  exclusion  criteria  for  HTMR  residues  to K062 (steel finishing
pickle  liquor)  and  F006  (electroplating  wastewater  treatment sludges)
nonwastewaters.
1. Removal of the Low Zinc Subcategory for K061 Wastes

    The  Agency  is  today transferring the treatment standards promulgated
for  high-zinc  (greater than 15 percent) K061 nonwastewaters (56 FR 41164,
August 19, 1991) to low-zinc K061 nonwastewaters; by doing this, the Agency
eliminates  the  low-  vs.  high-zinc  categories  and  regulates  all K061
nonwastewaters  with  the  same  numerical  treatment standards and generic
exclusion  levels.  The  promulgated  treatment  standards are based on the
performance  of  high-temperature  metals  recovery  (HTMR); however, since
these   are   concentration-based   standards,  any  technology,  including
stabilization, that meets the treatment standards can be used.

2.  Alternative  Treatment Standards for F006 and K062 Nonwastewaters Based
on High Temperature Metals Recovery (HTMR)

    The Agency is promulgating alternative treatment standards for K062 and
F006  nonwastewaters as proposed. These treatment standards, based on HTMR,
are  the  same  as  those  promulgated  in  August  1991  for ''high-zinc''
nonwastewaters  and  the  standards  promulgated  in this rule for all K061
nonwastewaters.

    EPA  is  also promulgating a new regulatory section (40 CFR 268.46) for
any treatment standards serving as alternates for compliance with standards
in 40 CFR 268.41, 268.42 and 268.43.

    The  alternative  treatment  standards  for F006 includes standards for
cyanides. Although the Agency has no HTMR performance data for cyanide, EPA
believes  (as discussed in the proposed rule at 57 FR 975) that HTMR treats
cyanide  to  a  level  comparable  to  incineration.  Since  no  commenters
challenged  this  belief  and there is no reason to believe HTMR units will
not  destroy  cyanide  as  efficiently as incineration, EPA is promulgating
alternative   cyanide   standards   for  F006  developed  from  incinerator
performance.  The  HTMR-based  alternative  treatment  standards are higher
numerically for several constituents (chromium in K062; cadmium, nickel and
silver  in  F006)  than  the  original stabilization-based standards. These
higher  numbers  are  acceptable  to  the  Agency  as alternative treatment
standards  because  the HTMR- based alternatives regulate more constituents
than  the  original  stabilization-based  standards,  and also because they
express the Agency's preference for recycling methods.

3. Generic Exclusion of F006 and K062 HTMR Nonwastewater Residues

    EPA is promulgating generic exclusion levels for nonwastewater residues
generated  from  HTMR  of  F006  and  K062 in rotary kilns, flame reactors,
electric  furnaces,  plasma  arc  furnaces,  slag  reactors,  rotary hearth
furnace/electric   furnace  combinations,  or  industrial  furnaces.  These
residues  can  go  into  subtitle  D units if the residues meet the generic
exclusion  levels  for  all  constituents  and  these  residues that do not
exhibit any of the hazardous characteristics. The Agency received a variety
of  comments  on  the  generic  exclusion for all K061, K062, and F006 HTMR
residues.  Some  of  the  comments  supported this extension of the generic
exclusion:  Others  objected  to  the  exclusion levels and to the Agency's
decision to limit the generic exclusion to HTMR residues.

    Although  the  vertical and horizontal spread (VHS) model was the basis
for calculating the proposed generic exclusion levels, EPA indicated in the
January  9, 1992 proposed rule preamble that it also was considering basing
exclusion  levels  on  an  alternative  model,  the EPA Composite Model for
Landfills  (EPACML) (see 57 FR 976; see also 56 FR 67197, December 30, 1991
for adopting use of the model in site specific delistings). Most commenters
discussed the EPACML alternative and urged the Agency to use it rather than
the VHS model to develop generic exclusion levels for this rule.

    The most salient consequence of the change in models from VHS to EPACML
is  that  EPACML  generic  exclusion levels for arsenic and zinc are higher
than  the  BDAT standards in the HTMR-based alternative treatment standards
for  K062  and  F006  and  in  the  HTMR-based BDAT standards for K061. EPA
retained  the  EPACML-  based generic exclusion numbers regardless of their
values  relative  to  HTMR  BDAT standards because the generic exclusion is
independent  from  BDAT  in  such  a  way  that EPA has no reason to adjust
generic  exclusion  levels  in  order to reconcile them with BDAT standards
when  the  numerical values differ significantly for a particular compound.
The  different,  and  occasionally  overlapping,  sets  of numbers for BDAT
standards  and generic exclusion levels reflect the fact that these are two
different  sets  of  regulatory  controls on HTMR residues from K061, K062,
F006.  BDAT  standards  apply  to  residuals  from  treatment  of hazardous
waste-which   are   themselves   still  hazardous  wastes  because  of  the
derived-from  rule  intended for land disposal. They reflect the best level
of  performance  that  treatment  technology  can provide and they apply to
hazardous  wastes  concentrations of contaminants determined (by the model)
to pose minimal health risks when the waste is disposed in a unit permitted
under  RCRA  Subtitle  D.  A  generic  exclusion  takes  a waste out of the
hazardous-waste  universe  because  when  a  waste  meets generic exclusion
levels the exclusion essentially exempts it from subtitle C management.

    The  Agency  also  received  a  number  of  significant comments on the
proposal  to grant a generic exclusion for residues from HTMR processing of
F006   and  K062  nonwastewaters.  Many  commenters  favored  the  proposed
exclusion.  Waste  Management Inc., (WMI) and the Hazardous Waste Treatment
Council (HWTC) objected, however, on several grounds.

    WMI submitted comments similar to those it previously submitted for the
K061  high-zinc  subcategory rule. In particular, the commenter objected to
the  generic exclusion for a number of reasons. First, there are relatively
few HTMR treaters of F006 and K062; site-specific delistings are a more {pg
37208}  appropriate  alternative.  Second,  excluding  slag to be used as a
road-base  material  is an inappropriate application of the VHS. Third, EPA
based  the  exclusion  decision  on inadequate data regarding the different
types  of  HTMR processes that are potentially subject to the exclusion and
on  inadequate  data  on the fate of organic species that may be present in
the  feedstocks.  Fourth,  the  VHS  model to exclude K061 did not consider
exposures  from  runoff  or  wind dispersion. Fifth, there is concern about
unaddressed air emissions problems with the HTMR processes themselves.

    The Agency responded to the substantive issues in these comments in the
K061  high-zinc  subcategory final rulemaking. EPA's position remains that,
although  the  generic exclusion may affect a small number of facilities at
the  time  of promulgation, other HTMR facilities may be constructed in the
future. More important, however, EPA's generic exclusion decision in regard
to  these  wastes  depends  on  the  potential  hazard (e.g., waste volume,
composition)  of  the  waste  generated,  not  on  the number of facilities
generating the waste.

    In  today's  final  rule, the Agency is using EPACML instead of the VHS
model to represent more accurately the groundwater hydraulics at landfills.
EPACML  predicts  the  potential  for groundwater contamination from wastes
that are co-disposed with municipal solid waste in an unlined land disposal
unit  and  is,  therefore,  an  appropriately  conservative methodology for
evaluating  the  risk  from landfilled HTMR residue. In addition, as in the
August 19, 1991 rule for K061, the Agency is limiting the generic exclusion
to  F006  and  K062  HTMR  residues,  among  other things, disposed of in a
subtitle  D  unit  and thus is not evaluating the appropriateness of EPACML
for quantifying the safety of any use constituting a disposa1 scenario such
as-use  as  roadbase.  Consequently,  this generic exclusion does not cover
material to be used as a product.

    The  Agency  disagrees  with  the  comment  that  inadequate  data were
collected  from  the different types of HTMR processes that are potentially
subject  to exclusion. In determining the BDAT treatment levels, the Agency
reviewed  all  the  treatment  performance data available from various HTMR
processes.  (These data are available in the Background Document supporting
this  rulemaking).  EPA then calculated the final treatment standards based
on  the data from well-designed and well-operated HTMR processes. Thus, EPA
believes  that it has adequately characterized the performance of the major
HTMR  processes  with  respect  to achieving the BDAT treatment levels. EPA
notes  further  that  since the exclusion levels are essentially risk-based
numbers  (i.e.,  the  numbers  are  based  either  on  the model or are the
slightly  lower  technology-based numbers), the issue of the sufficiency of
treatment performance characterization data does not affect the validity of
the  generic  exclusion  standards.  To  address  the  Agency's  intent  to
establish  ''minimize  threat  levels'' which could require modification of
the   purely   technology-based  BDAT  standards,  EPA  is  evaluating  the
alternatives  proposed  in  the  Hazardous Waste Identification Rule (HWIR)
(see 57 FR 21450, May 20, 1992).

    In  response  to  the  commenter's  concern  about  the fate of organic
species  in  the feed to HTMR processes, the Agency remains convinced that,
considering  that  HTMR  units  operate  at  higher temperatures and longer
residence  times  than  incinerators,  that HTMR units will destroy organic
constituents  as  well  as  incinerators.  All  available  data  showed  no
quantifiable levels of organic constituents in treated residues, confirming
EPA's  engineering  opinion;  nor do the processed wastes typically contain
appreciable  concentrations  of  organics.  (The  Agency  notes  that while
developing  the  BDAT  treatment  standards  for  nonwastewater  HTMR  K061
residues it investigated whether toxic organic constituents were present in
the  HTMR  residues.  The  available  treatment  performance  data  did not
indicate  the  presence  of  BDAT  list  organic constituents at detectable
levels).  In  addition,  as  part  of  its  delisting  petition request for
residual  slag from treatment of K061 waste by HTMR, Horsehead Resource and
Development  Company  (HRD)  analyzed  residual  slag  samples  for sixteen
polycyclic  aromatic  hydrocarbon  (PAHs)  constituents  most  likely to be
products of incomplete combustion. None of the sixteen PAHs was detected in
any of the samples generated from coke-fired and coal-fired processing.

    WMI  objected  that  using  the VHS model to generate generic exclusion
levels  for  K061,  K062,  and  F006  is  not  appropriate  because it only
considered contaminant transport in groundwater and excludes exposures from
run-off or wind dispersion.

    As  already  indicated, the Agency has chosen to limit the scope of the
current  generic  exclusion  to  slag disposed of in a subtitle D unit. The
Agency  is  confident  that  the  EPACML is appropriate for a land disposal
scenario  and  is  therefore  finalizing the generic exclusion for F006 and
K062  residues  from  HTMR  processes with the condition that such disposal
occur.  See  the  discussion  of  the EPACML model at 56 FR 32993, July 18,
1991.
    The  Hazardous  Waste  Treatment  Council  (HWTC)  also objected to the
Agency's  proposal  to  include  F006 and K062 residues resulting from HTMR
processing  in the generic exclusion. HWTC was concerned that the exclusion
was  an  automatic,  self-implementing process requiring neither analytical
verification nor review by EPA or the public. Section IV.E. of today's rule
describes EPA's revised recordkeeping requirements for generically excluded
HTMR  K061,  K062,  and  F006  residues  (and  characteristic wastes). This
section  explains  EPA's  choice  of  a  tracking  and  handling system for
generically excluded wastes.

    With  respect  to  the issue concerning air emissions, the Agency notes
that  all  existing  HTMR units use baghouses, wet scrubbers, or some other
form  of  air pollution control device (APCD) to capture particulate matter
present  in  the  off-gases.  These units may also be addressed pursuant to
amended  section 112 of the Clean Air Act. The amended section 112 requires
the application of maximum achievable control technology (MCAT) controls to
major sources of hazardous air pollutants, plus further risk-based controls
(if  necessary) at a later time. Therefore, EPA does not believe that these
units need also be subject to the BIF regulations (see 56 FR 7142, February
21,  1991  for  further  discussion  on  EPA's basis for not regulating air
emissions from these units under subtitle C).
    Another  issue  was  HWTC's  objection  to  EPA's  granting  a  generic
exclusion  for  HTMR  residuals from processing F006 and K062 while denying
the  exclusion  for  other  non-HTMR  recycling  and treatment technologies
treating F006 and K062.

    The  Agency  based  the  decision to grant a generic exclusion for HTMR
residues  only  for  the following reasons: The generic exclusion will only
apply  to  those nonwastewater residues generated by HTMR processes and not
to  other  non-HTMR  processes,  such  as  hydrometallurgical  processes or
stabilization.  The  Agency currently lacks sufficient data to evaluate the
residues  from  hydrometallurgical  processes  or to develop an appropriate
sampling  and  analysis  methodology  for  residues from hydrometallurgical
processes.

    The   Agency  presented  the  reasons  for  not  generically  excluding
stabilized  residues in the August 19, 1991 K061 {pg 37209} high zinc final
rule  (56  FR  41173).  The  HTMR  residues demonstrate consistent leaching
behavior  whereas  stabilized  matrices  do  not. The chemical bonding that
occurs  in  the  high temperature and oxidation/reduction conditions within
the  HTMR  units  is  inherently  different from the bonding that forms the
basis  of  cementitious  and  pozzolanic  stabilization.  In  addition, the
kinetics  of  the  reaction  forming  the bonds in these HTMR processes are
superior  in terms of immobilizing metals to the kinetics of bond formation
in  cementitious reactions because they are faster. (Common forms of cement
are  not  typically  considered  set  until after a minimum of 72 hours and
often  not  considered  fully  cured  until  after  28  days). Furthermore,
stabilization   is   highly   matrix-dependent   and   prone   to  chemical
interference.  Most  commercial  stabilization  facilities  develop special
mixes to control curing time and/or product integrity.

    EPA  reminds  the  regulated  community  that  it  is  not  prohibiting
stabilization  as  treatment  for  K061,  K062,  and  F006  waste, and that
facility-specific  delisting  remains  an option for stabilized K061, K062,
and  F006  wastes.  Because  of  the  inherent differences between HTMR and
stabilization  stated  above  and  because  existing  data do not support a
generic  exclusion  for  stabilized K061, K062, and F006 wastes, the Agency
chooses not to extend generic exclusion to these stabilized residues.

D. Vanadium: Treatment Standards and Appendix VIII

    The  Agency  is  deferring  the  expansion  of  the  list  of inorganic
constituents  in  appendix  VIII  and  is  not  including  vanadium  in the
treatment  standards.  These  remain  technical issues that EPA has not yet
resolved  in  the brief time allocated in promulgating today's regulations.
The proposed HWIR (57 FR 21450, May 20, 1992) identified exclusion criteria
for  Vanadium,  and  the  Agency  is  continuing  to  assess how to address
Vanadium in HWIR and future Land Disposal Restrictions.

    Because  of  concerns  about  Vanadium's  low volatility and consequent
tendency  to  accumulate  in  slag  residual, the August 19, 1991, rule for
high-zinc K061 nonwastewaters reserved vanadium rather than set a numerical
treatment  standard.  Data  reviewed  by  the Agency for the high-zinc rule
since that time does not support setting a treatment standard for vanadium.
EPA  is therefore not promulgating treatment standards for vanadium in K061
nor  promulgating  vanadium standards in alternative standards for K062 and
F006 wastes in this rule.
 Final Generic Exclusion Levels forK061 andK062 HTMRResidues
     Nonwastewaters

 Regulated constituent     Antimony
 Maximum for any single composite sample-TCLP (mg/l)     0.10

 Regulated constituent     Arsenic
 Maximum for any single composite sample-TCLP (mg/l)     0.50

 Regulated constituent     Barium
 Maximum for any single composite sample-TCLP (mg/l)     7.6

 Regulated constituent     Beryllium
 Maximum for any single composite sample-TCLP (mg/l)     0.010

 Regulated constituent     Cadmium
 Maximum for any single composite sample-TCLP (mg/l)     0.050

 Regulated constituent     Chromium (total)
 Maximum for any single composite sample-TCLP (mg/l)     0.33

 Regulated constituent     Lead
 Maximum for any single composite sample-TCLP (mg/l)     0.15

 Regulated constituent     Mercury
 Maximum for any single composite sample-TCLP (mg/l)     0.009

 Regulated constituent     Nickel
 Maximum for any single composite sample-TCLP (mg/l)     1.0

 Regulated constituent     Selenium
 Maximum for any single composite sample-TCLP (mg/l)     0.16

 Regulated constituent     Silver
 Maximum for any single composite sample-TCLP (mg/l)     0.30

 Regulated constituent     Thallium
 Maximum for any single composite sample-TCLP (mg/l)     0.020

 Regulated constituent     Zinc
 Maximum for any single composite sample-TCLP (mg/l)     70

 Final Generic Exclusion Levels forF006 HTMRResidues
     Wastewaters

 Regulated constituent     Antimony
 Maximum for any single composite sample-TCLP (mg/l)     0.10

 Regulated constituent     Arsenic
 Maximum for any single composite sample-TCLP (mg/l)     0.50

 Regulated constituent     Barium
 Maximum for any single composite sample-TCLP (mg/l)     7.6

 Regulated constituent     Beryllium
 Maximum for any single composite sample-TCLP (mg/l)     0.010

 Regulated constituent     Cadmium
 Maximum for any single composite sample-TCLP (mg/l)     0.050

 Regulated constituent     Chromium (total)
 Maximum for any single composite sample-TCLP (mg/l)     0.33

 Regulated constituent     Lead
 Maximum for any single composite sample-TCLP (mg/l)     0.15

 Regulated constituent     Mercury
 Maximum for any single composite sample-TCLP (mg/l)     0.009

 Regulated constituent     Nickel
 Maximum for any single composite sample-TCLP (mg/l)     1.0

 Regulated constituent     Selenium
 Maximum for any single composite sample-TCLP (mg/l)     0.16
 Regulated constituent     Silver
 Maximum for any single composite sample-TCLP (mg/l)     0.30

 Regulated constituent     Thallium
 Maximum for any single composite sample-TCLP (mg/l)     0.020

 Regulated constituent     Zinc
 Maximum for any single composite sample-TCLP (mg/l)     70

 Regulated constituent     Cyanide (Total)
 Maximum for any single composite sample-(mg/kg)     1.8

 Final Treatment Standards forK061
    Low and high zinc subcategories, nonwastewaters

 Regulated constituent     Antimony
 Maximum for any single composite sample-TCLP (mg/l)     2.1

 Regulated constituent     Arsenic
 Maximum for any single composite sample-TCLP (mg/l)     0.055

 Regulated constituent     Barium
 Maximum for any single composite sample-TCLP (mg/l)     7.6.

 Regulated constituent     Beryllium
 Maximum for any single composite sample-TCLP (mg/l)     0.014

 Regulated constituent     Cadmium
 Maximum for any single composite sample-TCLP (mg/l)     0.19

 Regulated constituent     Chromium (Total)
 Maximum for any single composite sample-TCLP (mg/l)     0.33

 Regulated constituent     Lead
 Maximum for any single composite sample-TCLP (mg/l)     0.37

 Regulated constituent     Mercury
 Maximum for any single composite sample-TCLP (mg/l)     0.009

 Regulated constituent     Nickel
 Maximum for any single composite sample-TCLP (mg/l)     5.0
 Regulated constituent     Selenium
 Maximum for any single composite sample-TCLP (mg/l)     0.16

 Regulated constituent     Silver
 Maximum for any single composite sample-TCLP (mg/l)     0.30

 Regulated constituent     Thallium
 Maximum for any single composite sample-TCLP (mg/l)     0.078

 Regulated constituent     Zinc
 Maximum for any single composite sample-TCLP (mg/l)     5.3

 Treatment Standards forK062
     Nonwastewaters

 Regulated constituent     Antimony
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 2.1
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Arsenic
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.055
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Barium
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 7.6
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Beryllium
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.014
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Cadmium
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.19
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Chromium (Total)
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.33
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 0.094

 Regulated constituent     Lead
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.37
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 0.37

 Regulated constituent     Mercury
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.009
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Nickel
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 5.0
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA
 Regulated constituent     Selenium
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.16
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Silver
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.30
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Thallium
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.078
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Zinc
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 5.3
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 NA-Not Applicable.

 Treatment Standards forF006
     Nonwastewaters

 Regulated constituent     Antimony
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 2.1
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Arsenic
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 single0.055
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Barium
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 single 7.6
 Treatment standards based on stabilization maximum for any grab
 sample-TCLP (mg/l)
 NA

 Regulated constituent     Beryllium
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.014
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Cadmium
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.19
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 0.066

 Regulated constituent     Chromium (Total)
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.33
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 5.2

 Regulated constituent     Lead
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.37
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 0.51

 Regulated constituent     Mercury
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.009
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Nickel
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 5.0
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 0.32
 Regulated constituent     Selenium
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.16
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent     Silver
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.30
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 0.072

 Regulated constituent     Thallium
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 0.078
 grab sample-TCLP (mg/l)
 Treatment standards based on stabilization maximum for any single
 NA

 Regulated constituent     Zinc
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample-TCLP (mg/l)
 5.3
 Treatment standards based on stabilization maximum for any single
 grab sample-TCLP (mg/l)
 NA

 Regulated constituent

 Cyanides (Total)
 Alternative treatment standards based on HTMR performance maximum
 for any single composite sample (mg/kg)
 1.8
 Treatment standards based on alkaline chlorination maximum for
 any single grab sample (mg/kg)
 590

 Cyanides (Amenable)

 NA

 30

 NA-Not Applicable.

E. Notification and Certification for Characteristic Wastes

    The  Agency  is finalizing a revision to the recordkeeping requirements
for  certain wastes that meet LDR standards and are treated to nonhazardous
levels.  The  change in notification and certification requirements affects
two groups of wastes: characteristic wastes that meet LDR standards and are
treated  below the regulatory levels established for characteristic wastes,
and K061, K062, and F006 residues from high temperature metal recovery that
meet  the  generic  exclusion levels and do not exhibit any hazardous waste
characteristics.  As  proposed  (see  57 FR 977), the Agency will no longer
require  the generator or treater to submit to EPA or an authorized state a
notification  and certification for each off-site shipment of these wastes.
Instead, amended Sec. 268.9(d) and Sec. 261.3(c)(2)(ii)(C) now require that
the generator or treater prepare the notification and certification for the
initial  shipment  only, place one copy in the generator's or treater's own
files,  and  send  another copy to the appropriate EPA region or authorized
state.  The  documentation must be retained by the generator or treater for
at  least  five years. The generator's or treater's records must be updated
if  the  process  or  operation  generating the waste changes and/or if the
subtitle  D facility receiving the waste changes; however, the generator or
treator  need only notify EPA or an authorized state on an annual basis (at
the  end of the calendar year but no later than December 31) if the process
or  operation  generating  the  waste changes or if the subtitle D facility
receiving the waste changes. The document must include the name and address
of  the  subtitle  D  facility  receiving  the  waste, a waste description,
applicable treatment standards, and a certification that the standards have
been  met.  For  K061,  K062, and F006 residues from high temperature metal
recovery,   the   recordkeeping  requirements  in  Sec.  261.3(c)(2)(ii)(C)
supersede those in Sec. 268.7(a)(6).

    The  Agency  proposed  this  change  because  the existing requirements
appeared  to  pose  an  unnecessary  paperwork  burden.  It  did not appear
necessary for EPA or the states to be notified concerning every shipment of
characteristic  wastes  and  K061,  K062,  and  F006  residues  treated  to
nonhazardous  levels;  yet, at the same time, EPA and the states still need
to  be  able  to verify such treatment when conducting inspections of waste
management operations. The Agency requested comment on the paperwork burden
of  the  existing requirements, on its proposal, and on several alternative
requirements  that  would  also  reduce the recordkeeping burden (see 57 FR
977).

    Several  commenters described the existing burden as ''significant'' or
''onerous.''  One  commenter  said the requirement is especially burdensome
for facilities with multiple shipments per day and is unnecessary since the
waste  is  deemed  nonhazardous.  Another  commenter stated that one of its
plants  had  submitted  over  1300 identical notification and certification
documents  in  an  eighteen-month  period  as a result of the Sec. 268.9(d)
requirement.  Still  other  commenters said the existing requirement is not
onerous, since facilities can use fill-in-the- blank type forms.

    The  majority  of  commenters, however, supported the requirement being
finalized  today.  Those  who  supported  the requirement promulgated today
interpreted  it  to  require  a  reasonable  level  of  recordkeeping while
providing  readily  available  information  to  allow identification of the
subtitle D facilities receiving the waste. Several of these commenters said
the   alternative   proposals  were  overly  burdensome  without  providing
attendant benefits.
    Commenters who supported the existing recordkeeping requirements argued
that  submittal  of  a  certification  to  EPA  is  the  only incentive for
generators  to  ensure  that  excluded  waste  going to subtitle D units is
properly  treated.  One commenter argued that the new proposal would weaken
the  RCRA system of cradle-to-grave protection. Another commenter advocated
notification  to  the subtitle D facility receiving the waste, because only
the  generator  or  treater  has  sufficient information to determine if it
meets the land disposal restrictions.

    After considering all comments, EPA is finalizing the proposed revision
because  it  is  confident  that  there is little need for documentation of
every shipment of the identical nonhazardous waste, nor is there a need for
EPA  or states to be informed of each shipment for disposal, as long as the
information  is  available  to inspectors. As for requiring notification of
subtitle  D facilities receiving the waste, EPA remains concerned that such
a  requirement would be counterproductive (see discussion at 55 FR 22662 to
22663).

F. Wastes Listed Because They Exhibit a Characteristic

    In  the January 9, 1992 proposed rule, EPA proposed a clarifying change
to the existing regulations dealing with the applicability of land disposal
prohibitions  to  wastes  that  are  listed  solely  because they exhibit a
non-toxic  characteristic  of  hazardous wastes (see 57 FR 978). An example
are  the  non-chlorinated solvents listed as F003 for which EPA promulgated
numerical  treatment standards in 1986. EPA had previously stated that such
wastes  cannot  be  diluted  to meet the treatment standards and that these
wastes  must  be  treated  to  meet the part 268 treatment standards (56 FR
3871,  January  31,  1991;  57  FR 978). Put another way, the land disposal
prohibitions  would apply at the point of generation for such wastes. EPA's
proposed  clarification  was that the same principles apply with respect to
mixtures  of  wastes listed because they exhibit a characteristic and other
solid wastes (57 FR 978).

    Upon  reviewing  this  issue  further,  however,  EPA realized that the
principle appeared inconsistent (or could be read to be inconsistent), with
respect  to  wastewaters listed because they exhibit a characteristic, with
the  rules  adopted  in  the Third Third regulation regarding management of
characteristic  wastewaters.  In  the  Third  Third regulation, EPA applied
prohibitions at the point of disposal for wastes that are hazardous because
they  exhibit  a  characteristic  and are disposed in non-hazardous Class I
injection wells; the Agency also applied dilution prohibitions at the point
of  disposal  for  most  characteristic  wastewaters  managed in wastewater
treatment systems ultimately discharging pursuant to sections 307 or 402 of
the  Clean  Water  Act. See Secs. 148.1(d), 268.3(b); and 55 FR 22656-22659
(June  1,  1990).  This  would  indicate  that wastewaters which are listed
because they exhibit a characteristic would not be prohibited from disposal
by underground injection provided they do not exhibit a characteristic when
they are injected. In addition, such wastewaters can permissibly be diluted
to  meet the treatment standards before management in surface impoundments,
provided   the   impoundments  are  part  of  treatment  systems  that  are
discharging pursuant to Clean Water Act requirements and provided the waste
does not exhibit a characteristic when placed in an impoundment.

    After  considering  this  issue,  and  after  soliciting  and receiving
further public comment on the point, EPA is interpreting its rules so as to
be  consistent  with  the  approach of the Third Third rule with respect to
wastewaters  that  exhibit a characteristic for the reasons set out in that
rule.  Thus,  prohibitions  for  wastewaters that are listed solely because
they  exhibit  a  characteristic  {pg  37211}  will  apply  at the point of
disposal  as  explained above. Put another way, EPA is reading the existing
rules  in  Secs.  148.1  and  268.3(b)  as applying to wastewaters that are
listed solely because they exhibit a non- toxic characteristic.

    The  Agency  is not reconsidering, or reopening, the issue of treatment
standards  for  nonwastewaters  that  are  listed  because  they  exhibit a
characteristic.  Thus, such wastes cannot be land disposed until treated to
meet  the  applicable  treatment  standards,  and cannot be diluted to meet
those treatment standards (56 FR 3871). This would also be true of mixtures
involving  such  listed wastes, since otherwise the prohibitions would have
no real meaning.

    Finally,  with  respect  to wastewaters, the Agency recognizes that the
issue  of  the  legality  of  the  Agency's application of prohibitions for
characteristic  wastewaters at the point of disposal has been submitted for
judgment  to  a  panel of the District of Columbia Circuit Court as part of
the    litigation    over    the   Third   Third   rule   (Chemical   Waste
Managementv.EPA,No. 90-1230). The Agency's action today clarifying that the
same   rules   apply   to   wastewaters   listed  because  they  exhibit  a
characteristic  and  other characteristic wastewaters thus would be subject
to the decision reached in this litigation.

G. Storage and Treatment in Containment Buildings

    In  some  cases, hazardous wastes prohibited from land disposal must be
stored  for  short  periods  of  time  to  facilitate  recycling, recovery,
treatment,  or transport off site to meet LDR standards; treatment may also
be  performed  while  these  materials  are  being  stored.  Some  of these
non-liquid  hazardous  wastes  are  generated  in  large  volumes (often in
batches),  and  may  not  be  amenable  to  management  in  RCRA  tanks  or
containers.  These  wastes are sometimes stored or treated on concrete pads
or similar floors inside buildings.

    EPA  currently  classifies  this  type  of management unit as an indoor
waste  pile,  which  EPA  considers to be a land disposal unit based on the
statutory  definition  of land disposal in section 3004(k). See 52 FR 40605
(November  7,  1986).  Lead slags and spent potliners from primary aluminum
production are examples of hazardous wastes that are amenable to management
in such units because of their volume or bulk; contaminated debris may also
be managed in such units. EPA believes that management of a hazardous waste
inside  a  unit designed and operated to contain the hazardous waste within
the  unit-akin  to  storage  in a RCRA tank or container- does not pose the
types  of  potential  harms  or uncertainties Congress sought to address in
defining  land  disposal,  as it did in RCRA section 3004(k). These include
uncertainties regarding containment of hazardous constituents placed on the
land   and   the   potential   for   persistence,  toxicity,  mobility  and
bioaccumulation  of  hazardous  wastes placed on the land. A unit designed,
constructed,  and  operated  to  contain the hazardous waste within it may,
moreover,  fulfill  the  congressional  goal  of  waste  management that is
protective   of   human   health   and   the   environment.   See   section
3004(d)(1)(A)-(C) and 1003(a)(5).

    EPA  is  today  promulgating standards allowing management of hazardous
wastes,  including  but  not  limited  to  lead slags, spent potliners, and
contaminated  debris  within units, to be termed ''containment buildings'',
which  will not be considered placement on the land and thus not constitute
land  disposal  as defined in section 3004(k) of RCRA. To allow storage and
treatment  of  prohibited  wastes  in  containment  buildings, EPA today is
establishing  a  new  definition  of  containment  building,  amending  the
existing definition of pile to exclude containment buildings, and including
containment  buildings  within  those  units  covered  by  Sec.  268.50  as
permissible  for storage of prohibited wastes (since these buildings are no
longer  land disposal units), albeit subject to the prohibition on extended
storage.  EPA  is also establishing specific design and operating standards
for   such  units  under  Secs.  264  and  265,  and  allowing  generators'
containment  buildings  to  be  eligible  under  Sec. 262.34 for the 90-day
generator   provisions   if  their  unit(s)  meets  all  of  the  technical
requirements  for  containment  buildings  (refer  to  discussion on 90-day
applicability upcoming in this section).

    Under  today's  rule,  all  containment  buildings-both  permitted  and
unpermitted-must  achieve  the  same level of performance. Accordingly, EPA
today   is   promulgating  standards  that  require  containment  buildings
operating  under  the  part  265, subpart DD interim status standards to be
designed,  operated,  and  maintained to meet the same design and operating
requirements  as  permitted  containment  buildings.  These  are either the
design and operating standards in subparts DD of parts 264 or 265.

    Virtually  all  public comments supported the establishment of this new
type of management unit. The rule promulgated today incorporates only minor
changes from the proposed rule.

    To  provide  adequate  time  for design and construction of containment
buildings,  the  effective  date for these provisions shall be February 18,
1993.  However,  owner/operators  who  wish  to begin operating containment
buildings  under  these  provisions  prior  to the effective date may do so
provided  that  they notify the Regional Administrator of their intent, and
they  comply  with  the  requirements  of  subpart  DD  prior  to beginning
operation.

1. Containment Buildings Are Not Land Disposal Units

    The  final  rule  indicates  that  containment  buildings  are not land
disposal  units.  Thus,  prohibited  wastes  can  be  stored in containment
buildings without first meeting a treatment standard.

    We  explain  below  in  detail  how  containment buildings are defined.
However,  the  key features for determining that they are not land disposal
units  are  that  wastes are stored indoors in a secure structure (securely
walled,  roofed,  and  floored)  that  is  designed  to provide containment
comparable  to  that provided by tanks or containers. EPA sees no statutory
command  precluding Agency discretion to define such units as not involving
land  disposal,  nor  did  any commenter suggest that the Agency was barred
from this determination. Moreover, storage in such units does not raise the
types  of  environmental concerns and uncertainties (see section 1002(b)(7)
and  3004(d)(1)(A)-(C))  that  Congress  sought  to  address  in  requiring
hazardous  wastes  to  be  pretreated  before being land disposed. Also, by
defining  containment  buildings as not involving land disposal, the Agency
is  preventing  the  anomaly  of bulk hazardous wastes not amenable to tank
storage, yet requiring storage before treatment, being unable to be legally
stored  because  non-tank  or  container  storage  would be defined as land
disposal. An example is battery parts and groups that must be staged before
being smelted. (55 FR 22637.) Accordingly, EPA is exercising its discretion
to define containment buildings as not being land disposal units.

2. Definition of Containment Building
    EPA  today defines in Sec. 260.10 a new unit, ''containment building,''
as  a  ''hazardous  waste  management  unit  that is used to store or treat
hazardous  waste under the provisions of subpart DD of parts 264 and 265.''
Subpart  DD  of  parts  264  and  265  enumerates  the design and operating
standards  for  these units that ensure containment comparable to that of a
RCRA  tank or container. EPA is {pg 37212} also modifying the definition of
''waste pile'' to exclude these units.

    Under  today's rule, a containment building unit is not defined as land
disposal   pursuant   to  RCRA  section  3004(k)  if  the  unit  meets  the
requirements of Sec. 264.1100 and Sec. 265.1100. The unit must, among other
things,  be  completely enclosed and have self- supporting walls, a primary
barrier,  designed  to be sufficiently durable to withstand the movement of
personnel,  wastes,  and  handling  equipment  in  the  unit,  a  secondary
containment  system  (unless the unit manages non-liquid wastes only or has
obtained  a  variance  from  the  secondary containment standard), a liquid
collection  system,  and controls for fugitive dust. The floors, walls, and
roof  of the unit must be constructed of man-made materials with sufficient
structural  strength  to  support  themselves,  the waste contents, and any
personnel  and  heavy equipment that operate within the unit. The unit also
must  be  designed and operated to prevent tracking of materials out of the
unit.
3. Applicability of the 90-Day Accumulation Exclusion in Sec. 262.34

    a.Containment  Buildings  Are  Eligible  for  90-Day Status. Under Sec.
262.34,  a  generator may accumulate hazardous waste on-site for 90 days or
less without a permit or without having interim status provided he complies
with the requirements of subpart I, J, or W of 40 CFR part 265, among other
requirements.  To  date,  EPA  has  limited  applicability  of  this 90-day
provision  to generators' containers, tanks, or drip pads (see 55 FR 50450,
December 6, 1990). EPA today is extending the 90-day generator exemption in
Sec.  262.34  to include containment buildings. The extension of the 90-day
generator  exemption  to  containment  buildings  is  consistent  with  the
application of the 90-day generator exemption to similar types of hazardous
waste storage units, e.g., tanks and containers.

    Commenters  to the proposed rule overwhelmingly supported the extension
of  the  90-day  generator  exemption  to these units. Some commenters also
suggested  that  EPA  extend  this  exemption to all containment buildings;
others  suggested  extending  this  exemption  beyond  90  days. The 90-day
generator  provision  is  premised  on the need to avoid undue interference
with  generators'  production processes (45 FR 2730, February 26, 1980) and
stands   as   a   narrow   exception  to  otherwise  applicable  permitting
requirements.   This  rationale  does  not  appear  to  apply  to  off-site
facilities.  Therefore,  the  Agency  is not extending its applicability in
today's  rule.  However,  EPA  notes  that extensions may be granted to the
90-day time period under existing rules when certain specific circumstances
apply (see 55 FR 50450, December 6, 1990).

    Specific  to  the  comments  suggesting  that  EPA  extend  the  90-day
generator   provision  to  all  containment  buildings  including  off-site
facilities,  EPA  is  not taking action in today's rule. EPA will, however,
take  comment on a proposal to expand the 90-day generator exemption to all
containment  buildings  in the upcoming proposal for petroleum contaminated
debris  to  be deferred from the TC. At that time, the Agency will evaluate
whether the Agency's narrow exemption for 90-day units to generators should
be  expanded  to  off-site units for all tanks, containers, and containment
buildings.

    b.Documenting Compliance with 90-Day Limitations. In the proposed rule,
EPA  requested  comment  on whether generators who store or treat hazardous
waste   in   containment  buildings  pursuant  to  the  90-day  accumulator
provisions  should  be required to maintain on site, for the operating life
of  the containment building, a description of the procedures ensuring that
no  waste  remains  in  the containment building for more than 90 days. EPA
proposed  that  documentation  of  each  waste  removal  be required in the
generator's  on-site  files  recording, at a minimum, the quantity of waste
removed  and  the  date  and  time  of removal. EPA also noted that certain
operations, for example, the continuous processing of wastes or blending of
wastes,  might  complicate  the  generator's  ability  to  determine when a
particular  waste  volume  ceased  to  be  present  within  the containment
building.  EPA  requested public comment on how best to ensure and document
generator  compliance  with  the requirement limiting the time waste may be
accumulated within the containment building to 90 days or less.

    Several  commenters  suggested  a ''mass balance'' approach wherein the
volume removed from a containment building over the course of 90 days would
be  required  to  be at least equal to the amount placed in the unit during
that  period to ensure compliance with the time limit. EPA does not believe
that  this  would be adequate. While such an approach might ensure that the
average residence time of wastes in the unit is less than 90 days, it could
not assure that all wastes reside in the unit for less than that period.

    Instead,  EPA  agrees  with  commenters  who  suggested that documented
procedures  ought  to  assure that each volume of waste resides in the unit
for no more than 90 days. This requirement could be met in two ways: (1) By
documenting that the unit is emptied at least once every 90 days, or (2) by
having  and documenting (in writing) the procedures in place to ensure that
wastes  in the unit are segregated by age and that no portion of the stored
wastes  is  allowed to remain beyond the time limit. As part of that latter
demonstration,  owner/operators  must  document  that  the  nature of their
hazardous  waste  management  operation  is consistent with respecting that
90-day  limit.  For  example,  a  generator who plans to use such a unit to
accumulate waste for off-site shipment on a monthly basis should be able to
meet this test; one who ships waste off site semi-annually could not do so.
Given  the statute's normal permitting scheme as well as the constraints on
extended  storage in section 3004(j), EPA believes this degree of assurance
of actual waste turnover is justified.

    EPA  does not seek to require documentation of each individual addition
or   removal   of  waste  from  the  unit;  rather,  the  required  written
documentation  must  show  that  procedures  are  in  place  to ensure that
individual  additions and removals of wastes are consistent with the 90-day
time  limit for each portion of the wastes managed in the unit. However, if
the  generator cannot meet the 90-day time limit or if a hazardous waste is
stored  or  treated in an off-site containment building, the unit must have
interim status or a permit in accordance with existing regulations.

    c.Reclassification of Regulated Units to 90-Day Status. EPA anticipates
that some currently operating units that have been previously classified as
waste  piles  will  be  converted  to  containment buildings as a result of
today's  rule.  It is possible that there may be (or have been) releases of
hazardous  wastes  from such units. When this rule was proposed, EPA raised
the  issue  of whether unit-specific corrective action authority under RCRA
should  be  retained  for  new  units  and  for  existing interim status or
permitted units that subsequently become 90-day generators with containment
buildings  as  their only RCRA activity. EPA pointed out that, even without
RCRA  corrective action authority, generators would still be liable for any
releases under CERCLA.

    Several  commenters  suggested  that  some  or  all  units converted to
containment buildings should not be subject to corrective action. While the
Agency  understands  these  commenters'  concerns, the Agency believes that
unit-specific  corrective  action  is an {pg 37213} appropriate part of the
standards  for containment buildings to remediate releases that conceivably
occur  or  may  occur  from  the unit. Such standards are a routine part of
every standard for a RCRA hazardous waste management unit, including 90-day
generator  units.  See,  e.g.  Sec.  265.196  (corrective  action for tanks
including  90-day  tanks)  and  Sec. 265.443(m) (corrective action for drip
pads  including  90- day drip pads). The Agency knows of no legal or policy
justification for excluding these units from corrective action requirements
(i.e., not redressing hazardous waste releases from such units).
    However,  new units operating under the 90-day generator provision will
not  trigger facility-wide corrective action under RCRA by themselves under
the  terms  of  today's  rule,  because  no  permit  is  required for their
operations and the units have never had interim status or permits (see RCRA
sections  3004(u)  and  3008(h)).  These  units,  however,  must  remediate
unit-specific  releases  as  just  discussed, and also would be solid waste
management units if the facility requires a RCRA permit for other units.

    For  previously  regulated units, EPA expects that the ''unit'' for the
purpose  of  corrective  action  will  include the entire structure, or the
entire  portion of the structure operated, when the containment building is
a part of a larger structure.

    As  noted  above,  90-day  containment  buildings  must  meet  the same
substantive  standards as permitted and interim status units. This includes
a  requirement  of  obtaining certification by a professional engineer that
the  unit  is  designed  and  constructed  to  meet  the  requirements  for
containment  buildings and must maintain such certification at the facility
(Sec. 262.34(a)(1)(iv)). The subject of such certifications is discussed at
greater  length  below.  Generators  planning  to  convert  to  or  install
containment   buildings   in  advance  of  the  effective  date  for  these
requirements  are  required  to place certifications for these units in the
facility's  operating record no later than 60 days from the date of initial
operation  of  the unit as a containment building. After February 18, 1993,
PE certification is required prior to operation of the unit.

4. Containment Building Requirements

    The specific requirements for a containment building restrict the types
of  hazardous  wastes that may be stored or treated in the unit and specify
performance  standards for the design and operation of the unit to ensure a
measure of protection of human health and the environment greater than that
provided  by  an  indoor  waste  pile, and substantially equivalent to that
provided by a RCRA tank or container. See subpart DD, parts 264 and 265.

    a.Acceptable  Wastes. Many commenters supported EPA's proposal to allow
dry  wastes  or wastes with ''very small quantities'' of free liquids to be
managed in containment buildings. Comments were divided on whether the term
''very  small''  used  in  the  proposal required an explicit definition or
implied an unnecessary and arbitrary limit on the amount of liquid included
in  a hazardous waste to be managed in a containment building. Today's rule
states  that  wastes managed in containment buildings not be liquid in form
(i.e.,  flow  under  their  own weight to fill the vessel in which they are
placed,  or  contain  so  much  liquid  that  they are readily pumpable) or
release  such  large quantities of liquid into the unit that liquid removal
systems cannot prevent accumulation of liquid to significant depths. (These
liquid  wastes  can, of course, be managed in tanks and containers that are
inside containment buildings.)

    EPA    developed   the   containment   building   standards   so   that
owner/operators  could  store or treat hazardous wastes that are not liquid
in  form,  and  which are not amenable to management in tanks or containers
(perhaps  because  the  waste  occurs  in  a  bulky  form, or because it is
produced  in  great  volume.) This can facilitate owner/operator compliance
with  the  prescribed BDAT standards. However, any waste that is non-liquid
in  form  can  also  be stored/treated in containment buildings even if the
waste  already  comply  with  the  land disposal restriction standards. The
standards  discussed  below  will  ensure that these wastes will not pose a
hazard  to  human  health  or  the  environment when managed in containment
buildings.

    Prior  to  incorporating  these concepts into this rule, EPA considered
developing  a  Policy  Directive  whereby  certain  hazardous wastes, i.e.,
aluminum  spent  potliners,  recycled lead batteries, and possibly electric
arc   furnace   dusts,  were  definitively  identified  as  candidates  for
management  within containment buildings. Although EPA believed wastes that
are   non-liquid  in  form  could  also  be  managed  more  practicably  in
containment  buildings rather than tanks or containers, information on such
wastes  remained  lacking.  EPA  considered two options regarding hazardous
wastes  eligible  for  management in these units: (1) All hazardous wastes,
including contaminated debris; and (2) only contaminated debris and certain
additional   bulky,   high  volume  hazardous  wastes  that  EPA  currently
understands  cannot  be  practicably stored/treated in tanks or containers.
Public  comments  on  the  proposed  rule  stated that EPA should not limit
eligibility to debris and certain bulky, high volume hazardous wastes or to
specific  waste  codes,  and  that  a  specific limitation on the amount of
liquid included in the waste was also not appropriate.

    EPA  sees  no  reason  to  restrict eligibility to only those hazardous
wastes  for which EPA has data available or to only prohibited wastes. When
designed,  constructed, and operated in accordance with the standards being
promulgated  today, a containment building managing hazardous waste that is
non-  liquid  in  form  will  ensure  protection  of  human  health and the
environment.

    Example:  A secondary lead smelting facility recovers lead from battery
plates and groups taken from lead-acid batteries. One of the steps involved
in  this  process, battery cracking, necessarily generates wet lead-bearing
materials.  For  process  efficiency, among other reasons, free liquids are
removed  to  the extent feasible prior to staging the materials for furnace
feed.  However,  some  residual  free  liquid remains and cannot be removed
easily.  In  this example, the overall form of the material is non- liquid,
even  though  some amount of free liquid remains despite attempts to remove
it. These wastes are eligible for management in containment buildings.

    Example:  A  facility  is  cleaning  up an area containing contaminated
soil.  The  excavated  soil contains water in the soil matrix, and is at or
near  the  point  of saturation. Visual inspection of the soil reveals that
the amount of free liquid expected to be released in a containment building
is  very  small  in  comparison  with the total volume of the waste and the
liquids  management capacity of the unit. This material may be managed in a
containment building.

    b.Acceptable  Activities.  Containment  buildings  can be used to store
hazardous  waste  for  such  activities as treatment (including recovery or
other  recycling) or transport off site to meet LDR treatment standards. As
noted  elsewhere  in  today's  rule,  wastes  may be treated in containment
buildings  as  well  as  stored  in  them. Examples of such treatment could
include  some  of the technologies discussed in appendix I to this preamble
for  treatment  of  contaminated debris. Many of these technologies require
the  use  of  liquid.  In  many cases, such treatment would be conducted in
tanks  or  containers  within  such  buildings, and the existing {pg 37214}
standards  for  tanks and containers would apply. For example, a method for
treating  hazardous  debris  could  include  treatment  in  a tank within a
containment  building  followed  by  storage  for  a  short-  period in the
containment  building.  In  this  example,  treatment  in the tank would be
regulated  under  the  RCRA tank standards, while subsequent storage of the
treated waste would be regulated under the containment building standards.

    In  other  cases,  treatment in tanks and containers as such may not be
possible.  For  example,  personnel may not be able to apply safely some of
the prescribed debris treatment technologies to large bulky debris within a
tank  or container. Therefore, EPA is also allowing treatment that utilizes
the addition of liquid as part of BDAT treatment in designated areas within
containment  buildings.  Any drainage or accumulation of liquids applied to
hazardous  debris  must  comply with relevant regulations. EPA is requiring
that  liquids  be  removed  from  the  containment building at the earliest
practicable   time  in  order  to  preserve  the  effectiveness  of  liquid
containment systems (Sec. 264.1101(b)(2)(ii) and Sec. 265.1101(b)(2)(ii)).

    c.Design  and  Operating  Standards.  EPA is promulgating the following
design  and  operating  standards for permitted units, units operated under
interim  status,  and  units  under  the  90-day accumulation exemption. In
general,  the  design  and  operating  standards  are  intended  to  ensure
containment of waste equivalent (or, with regard to air emissions superior)
to  the  containment achieved by tanks. Thus, the units must be designed to
contain  releases  to  land  through  primary  and  in some cases secondary
containment  systems,  and  to  contain  potential particulate emissions as
well.  The  unit  is  also  to  be designed to prevent exposure of waste to
precipitation and wind. As noted above, EPA is determining that these units
are  not  engaged  in  land  disposal  based  on  designs for this level of
containment.  Moreover,  the  design  and operating standards should ensure
protection of human health and the environment (as do the tank standards).

    Thus,  to  distinguish these units from waste piles-i.e., land disposal
units-hazardous  wastes  managed  in  these  units  must be fully contained
within  the  unit.  As  such,  the  unit must be completely enclosed with a
floor, walls and a roof to prevent exposure to precipitation and wind (Sec.
264.1101(a)(1)  and  Sec.  265.1101(a)(1)).  Many  of  the hazardous wastes
currently managed in these waste piles may have significant volumes of fine
particulates.   EPA   believes   that  enclosure  within  a  structure,  in
conjunction  with  other  measures to control fugitive dust emissions, will
prevent  the  escape  of  these fine particulates from the unit. Although a
number  of  commenters  to  the  proposed  rule  did  not  believe complete
enclosure  to be necessary, EPA continues to regard this as key to ensuring
complete   containment   of   wastes  managed  in  these  units,  and  thus
distinguishing these units from land disposal units such as piles.

    i. Floors, Walls, and Roof. The floor, walls, and roof of the unit must
be constructed of man-made materials with sufficient structural strength to
support  themselves,  the  waste  contents,  and  any  personnel  and heavy
equipment  that  operate  within  the unit. Fragile barriers that would not
withstand  repeated  contact  with handling equipment used in the unit thus
are  not  suitable, and units designed with such ineffective barriers would
not  be  containment  buildings.  Operating  events  such  as deliberate or
accidental  placement  of materials against containment walls must be taken
into  account  in  designing  and  constructing  the  unit. Factors such as
settlement,   frost-heave,   and  exposure  to  wind  force  must  also  be
considered.  All  surfaces  to  be in contact with hazardous wastes must be
chemically compatible with those wastes. Because the intended use for these
units  is  short-term  storage  or  treatment, the unit must be designed to
accommodate appropriate levels of loading and unloading activity during its
operating lifetime. (See Sec. 264.1101(a)(2) and Sec. 265.1101(a)(2).)

    ii.  Primary  and  Secondary  Containment.  EPA  is  requiring  several
measures  to  ensure  that  hazardous  wastes are managed in a fashion that
ensures   containment  of  contaminants  and  prevents  releases  into  the
environment.  All  containment  buildings  must  be equipped with a primary
barrier  designed  and constructed of materials to prevent hazardous wastes
from  being  accidentally  or  deliberately  placed  on the land beneath or
outside  the  unit. The design and construction of the primary barrier will
vary  depending  on  the  type  of  waste  to  be  managed in the unit. For
containment  buildings  used  to  manage  wastes  without free liquids, the
primary  barrier  may  be a concrete floor if the wastes to be managed will
not  migrate into the concrete matrix. Containment buildings used to manage
wastes  with  even  small  amounts  of free liquids must be provided with a
primary  barrier designed and constructed of materials to prevent migration
of  hazardous  constituents  into  the  barrier and a liquid collection and
removal system that will minimize the accumulation of liquid on the primary
barrier  (Sec.  264.1101(b)(2)  and Sec. 265.1101(b)(2)). In this case, the
primary  barrier  might  be a steel or flexible membrane liner covered by a
concrete  wear  surface. The liquid collection and removal system above the
primary  barrier  should be designed, constructed, and operated to minimize
the  accumulation  of liquids above the primary barrier. EPA expects that a
minimum  one degree slope for the primary barrier combined with appropriate
means  for collecting and removing liquids (e.g. troughs, drains, dikes, or
sumps  and/or pumps as necessary) will meet this goal. The determination of
the  presence  of  free  liquids must be made using, for example, the paint
filter  test  (EPA test method SW-86) if applicable, a visual examinations,
or other appropriate means.

    The  primary barrier must be sloped to drain liquids or other wastes to
the collection system, and to ensure that liquids are not released into any
portions of the unit that are not provided with secondary containment. This
latter  requirement  for  separation between ''wet'' and ''dry'' areas of a
containment building is discussed below in greater detail.

    In  all  cases,  the  primary barrier must be designed to withstand the
movement  of  personnel,  wastes,  and handling equipment in the unit. (See
Sec.  264.1101(a)(4)  and  Sec.  265.1101(a)(4).)  By  this, EPA means that
coatings  or  membranes  that  might  be  exposed to abrasion or tearing by
personnel,  wastes,  or equipment must be sufficiently durable to withstand
that  activity,  be protected from it, or be scheduled for replacement on a
regular  basis  as  needed  as  part of the design of the unit. The primary
barrier  must be maintained to be free of cracks, gaps, corrosion, or other
deterioration  that  could  result  in the significant release of hazardous
waste.

    Portions  of  containment  buildings  used  to  manage hazardous wastes
containing  free  liquids  must,  in  addition,  be provided with secondary
containment  systems  including  (1)  a  secondary  barrier  and (2) a leak
detection system. The secondary barrier must be designed and constructed of
materials  to  prevent  the  migration  of hazardous constituents into this
barrier.  The  leak  detection system, which lies below the primary barrier
and  above the secondary barrier, must be capable of detecting, collecting,
and removing leaks of hazardous constituents through the primary barrier at
the  earliest  practicable  time. In keeping with the {pg 237215} standards
for liners and leak detection systems (57 FR 3462), this may be achieved by
installation  of  a  system  that  is, at a minimum: (1) Constructed with a
bottom  slope  of  1  percent  or  more;  and (2) constructed of a granular
drainage  material  with  a  hydraulic conductivity of 1X10sup -2 cm/sec or
more  and  a  thickness  of  12 inches (30.5 cm) or more, or constructed of
synthetic  or geonet drainage materials with a transmissivity of 3X10sup -5
m  sup  2/sec or more. The secondary containment system must be constructed
of  materials  that  are  chemically  resistant to the waste managed in the
containment  building  and  of sufficient strength and thickness to prevent
collapse  under  the  pressure  exerted  by overlaying materials and by any
equipment used in the containment building.

    If  only portions of a containment building are equipped with secondary
containment,  then  ''dry'' areas (those without secondary containment) and
''wet''   areas   (those   areas   with   secondary  containment)  must  be
hydraulically  separate.  By  this, EPA means that the containment building
must  be designed and operated so that liquids managed in ''wet'' areas are
prevented  from  draining  into  ''dry''  areas  by measures such as dikes,
walls, trenches, differences in grade, etc. (See Sec. 264.1101(b)(3)(i) and
Sec.  265.1101(b)(3)(i).) Wastes entering a ''dry'' area of the containment
building,  from  a  ''wet''  area of the unit must not contain more than de
minimis  amounts  of  free  liquids  (and a paint filter or equivalent test
could  be  passed,  if the physical form of the material would allow such a
test to be performed).

    In  addition, today's rule clarifies that treatment of hazardous wastes
within  containment  buildings may involve the addition of free liquids. As
with  any  ''wet''  containment  building  areas,  portions  of containment
buildings  where wastes are treated with liquids must meet design standards
that  the  Agency  is  promulgating  today and that are equivalent to those
applicable  to  tanks.  These  areas  thus  must be designed to prevent any
release  of liquids, wet materials, or liquid aerosols to other portions of
the  unit.  In  particular,  treatment technologies involving liquids under
high pressure such as high pressure washing must be restricted to dedicated
cells  or  areas  within the containment buildings designed and operated to
prevent  such  releases.  Barriers  to such releases should be designed and
constructed  to  be  appropriate to the nature of the physical and chemical
nature  of  the treatment to be performed, and should ensure proper control
of wastes and moisture throughout the operating life of the unit. EPA notes
that  use  of  a  number  of  treatment technologies including technologies
specified  elsewhere  in  today's  rule may require barriers to movement of
moisture  into unit walls equivalent to those generally required to prevent
migration of hazardous constituents into the primary barrier.

    For  example,  soil washing may be conducted in a treatment area of the
containment  building. After treatment, the soil is allowed to drain. While
significant  quantities  of free liquid remain, the soil must be managed in
''wet''  areas  with secondary containment. When only de minimis quantities
free  liquids  remain the materials may be managed in ''dry'' areas without
secondary containment.

    EPA   recommends,   but  is  not  requiring,  that  owner/operators  of
containment  buildings  consider  providing  the entire unit with secondary
containment  in  order  to  guard  against  contaminant  releases and their
associated  costs  in  the  event  of operator error, equipment failure, or
other unanticipated circumstance.

    EPA  believes  containment buildings can serve as secondary containment
systems  for  tanks  placed within the building under certain conditions. A
containment  building  can  serve  as  an external liner system for a tank,
provided  it  meets the requirements of Sec. 264.193(d)(1), i.e. that it is
designed and operated to contain 100 percent of the capacity of the largest
tank  within  its  boundary,  designed  and  operated  to prevent run-on or
infiltration  of  precipitation into the secondary containment system, free
of  cracks  or  gaps,  and  designed  and  installed  to  surround the tank
completely  and  to cover all surrounding areas likely to come into contact
with  the  waste.  In  addition,  the  containment  building  must meet the
requirements  of  Sec.  264.193(b)  and  Sec.  264.193(c)(1)  and (2) to be
considered an acceptable secondary containment system for a tank.

    iii.  Waiver  from  and Delay of Compliance with Secondary Containment.
Under  today's rule, the Regional Administrator has the discretion to waive
the secondary containment requirement for containment buildings or areas of
containment  buildings  where  the  only liquids to be used in the unit are
liquids  that  will  be used to control dust or to otherwise protect worker
health  and  safety  in  accordance  with  OSHA requirements. Thus, in some
cases,  the  Regional  Administrator  may determine on a case-by-case basis
that  secondary containment is not necessary where liquids are used in this
fashion.  For  90-day  units  where  owner/operators wish to use liquids to
control  dust  or  otherwise  protect  worker  health and safety and do not
believe that secondary containment is necessary, the owner or operator must
make  a  demonstration  that  the  use of liquids in such a manner will not
result  in  the  release  of  contaminants and have a professional engineer
certify to the fact.

    EPA  is  also  allowing the option of a delayed compliance date for the
secondary containment requirement. Existing units converting to containment
buildings  and  which  are  equipped  with  a  primary barrier and a liquid
collection system may be granted up to a two-year delay for compliance with
the secondary containment requirement if these units substantially meet all
other  standards spelled out in today's rule. This may be the case for some
existing  buildings currently surpassing the design requirements applicable
to indoor waste piles but not having secondary containment.

    To  avail  themselves of this extension, owner/operators must provide a
written  request  to  the Regional Administrator by February 18, 1993. This
request  must include a description of the unit and its operating practices
with  special  reference  to  the  design  and  performance of any existing
barrier  layer(s),  liquid  collection  and  removal systems. Existing data
and/or  reports  on  materials,  permeability, and drainage characteristics
must  be  included, together with existing available quality assurance data
on  how  the existing unit was constructed. It must describe specific plans
including  a  schedule  for  retrofitting these units to meet the standards
promulgated today.

    The  Regional  Administrator  will  review  this  plan,  and approve or
provide  comments.  If  owner/operators  receive comments from the Regional
Administrator,  they  will  have  30  days  to revise their submissions and
respond  to  comments.  The  Regional Administrator will review the revised
submission,  and decide whether to grant up to a 2-year delay for secondary
containment and may specify conditions for its approval. This decision will
be  based  on  whether  the  Regional  Administrator  has  confidence  that
substantially  meets the other standards in the rule, so that the unit will
not release contaminants to the land prior to the required retrofit.

    iv.  Height  of Waste in Unit. Another measure to ensure containment of
hazardous  waste  managed  in  these  units is today's requirement that the
level  of  the  waste  inside  the  unit  cannot  exceed  the height of the
containment walls {pg 37216} intended to come in contact with the hazardous
waste.  (See  Sec.  264.1101(c)(1)(ii)  and  Sec.  265.1101(c)(1)(ii).) EPA
considers   it   a   necessary   good   housekeeping  practice  to  prevent
stored/treated  hazardous  waste  from  spilling over the walls of the unit
and,  in  the  case  of certain hazardous wastes, to be able to contain any
potential  ''landsliding''  of material out of the unit. It is important to
note  that  the  walls  referred to in this provision are those containment
walls, or parts thereof, designed and constructed to be in contact with the
hazardous waste and to support its weight. The following example highlights
this distinction.

    Example:   A   facility  has  constructed  a  containment  building  to
accumulate  its  hazardous  waste prior to conducting treatment to meet LDR
standards.  The  unit  has  a  reinforced  concrete  floor and 10-foot high
reinforced  concrete  walls. The remainder of the sidewalls, built atop the
concrete  wall  and extending to the roof, are constructed of steel framing
with fiberglass panels. In this example, the hazardous waste stored/treated
inside  the  unit  must not be piled any higher than the 10-foot reinforced
concrete  walls.  The  remainder  or  upper  portion  of  the walls are not
designed  to  support  the weight of the waste and may not provide adequate
containment  of  the  waste  in  the  event  of  an unexpected shift in the
position  of  a  portion  of  the waste, i.e., hazardous waste could escape
through the panel joints.

    A  number  of  commenters  to  the  proposed rule had concerns with the
prohibition  on  piling  wastes  above  the height of the walls intended to
contain  them, noting correctly that many wastes can be formed into conical
piles  extending  substantially  above  the  height  of  walls which may be
supporting  a  portion  of  their  weight.  EPA's reason for including this
requirement  is  to  assure  that  there was no possibility of accidentally
overtopping  the  containment walls. Accordingly, today's rule retains this
requirement. EPA notes, however, that this requirement is intended to apply
only  to  those  walls  that could come into contact with the waste and are
intended to contain the waste. The examples below clarify EPA's intent.

    Example:  If waste is stored in a room within the containment building,
where  the  interior  walls,  i.e., the walls of that room, are designed to
support  and/or  contain  hazardous  wastes,  those  walls  must  meet  the
standards  for  containment  walls. Exterior walls that could not come into
contact  with  the  waste would not have to meet those requirements in this
case.

    Example:  If  waste  is  stored  in  ''stalls''  within the containment
building,  where  the  walls  that  define  the stalls are not designed and
constructed  to  meet  the  requirements  for  containment  walls, then the
exterior  walls  must  do  so. Note, however, if the stalls are intended to
separate  wet  and dry areas or to document that wastes are accumulated for
less than 90 days, the stalls must be constructed to fulfill their function
under normal operating conditions.

    v.  Standards  for Doors and Other Openings. A related set of issues in
the proposed rule refers to specifications for door and other wall openings
used  for  equipment  and  personnel.  EPA  proposed  that  these doors and
openings  should  be  capable  of  providing  the  same level of structural
support and containment as the rest of the wall, and invited public comment
on  specific  standards  for  doors  and  openings  that are part of a wall
otherwise  providing  support  and  containment  of hazardous waste managed
within a containment building.

    Today's  rule  departs somewhat from the proposed rule on these issues.
In response to many public comments, EPA is clarifying that doors and other
openings  do  not necessarily need to meet the same structural standards as
walls.  Depending  on  the  nature  of  the wastes and the operations to be
carried  out  in  a  particular unit, a relatively light-weight door may be
adequate  if:  (1)  It provides an effective barrier that controls fugitive
dust emissions from the unit to meet the no visible emissions standard (see
Sec.  264.1101(c)(1)(iv)  and Sec. 265.1101(c)(1)(iv)), and (2) the unit is
designed  and  operated  in  a  fashion  that  assures that wastes will not
actually  come  in  contact with the door. This latter requirement could be
satisfied,  in  many  cases, by a set-back of wastes stored in the unit. As
noted  above,  these  requirements  may  be satisfied by either interior or
exterior  walls,  subject  to  constraints  posed  by  the way the waste is
managed.
    vi.  Measures  to  Prevent  Tracking.  EPA believes routine handling of
hazardous  waste  within  many  of these units demands the frequent, if not
constant,  presence  of  personnel  and handling equipment, e.g., front-end
loaders,  cranes.  As  such, particularly when the hazardous waste includes
small particulates or where handling of the hazardous waste generates dust,
the  potential  for  tracking  hazardous  waste  out  of  the  unit  may be
significant. Therefore, EPA is requiring that the owner/operator ensure the
containment of hazardous waste within the unit with appropriate measures to
prevent  this. (See Sec. 264.1101(c)(1)(iii) and Sec. 265.1101(c)(1)(iii).)
Wash-down  of  vehicles  and  equipment  prior  to  exiting  the  unit  and
dedicating  vehicles and equipment for the sole purpose of operating within
the  unit  are  examples  of  measures that owners/operators of these units
could take when the potential exists for tracking of hazardous waste out of
the  unit.  In  addition, owner/operators must prevent tracking of water or
wet materials from ''wet'' areas to ''dry'' areas.

    vii. Control of Fugitive Dust Emissions. Because of the dusty nature of
many  of  the  hazardous  wastes that may be managed in these units and the
dusty  conditions that can be caused by the handling of these wastes within
the  unit, EPA also is requiring that owner/operators control fugitive dust
emissions  during normal operating conditions. (See Sec. 264.1101(c)(1)(iv)
and  Sec.  265.1101(c)(1)(iv).) EPA has revised these requirements from the
proposed  rule  based  on  extensive  public comment. Today's rule provides
substantial  additional  flexibility  to  owner/operators  in  how they may
achieve the required degree of control. However, EPA is also specifying the
standard   more   rigorously,   and   clarifying   the   presumption   that
owner/operators  must  install and operate systems to control fugitive dust
emissions  unless they can demonstrate that the wastes to be managed in the
unit  will  not  release  significant amounts of fine particulates from the
building as they are handled or treated.

    The  proposed  rule  required  a system whereby a negative pressure was
maintained  within  the  unit  and  particulates collected, e.g., by fabric
filter  or  electrostatic  precipitator.  In  response  to public comments,
today's rule provides greater flexibility in controlling fugitive dust, but
more specificity in the degree of control that must be attained.

    The  final rule requires that there be no visible emissions through any
unit  openings.  This  state  of  no  visible  emissions must be maintained
effectively  at  all  times  during  routine  and operating and maintenance
conditions,  including when vehicles and personnel are entering and exiting
the  containment  building.  This  standard  is  based on current standards
required  by  EPA's  Air  Office.  A  test  method  found in 40 CFR part 60
appendix  A,  Method  22-  Visual  Determination of Fugitive Emissions from
Material  Sources  and Smoke Emissions from Flares-can be used to determine
compliance  with the no visible emissions requirement. It is a timed method
where  an observer, using {pg 37217} a stopwatch, determines if for a given
period  of  time  a  source  has  visible  emissions. If used to meet these
standards,  negative  pressure  dust control systems should assure that the
air flow through openings such as windows and doors is inward at all times.
All dust control systems must be operated and maintained in accordance with
sound  air  pollution  control  practices (these practices are described in
more detail in 40 CFR part 60, subpart 292).

    Techniques  other  than  the  maintenance  of  negative pressure may be
utilized  where  they  can  be  shown to maintain no visible emissions from
openings  in  the  unit. The owner or operator of a containment building is
required  to maintain control of fugitive dust emissions such that any unit
openings  (e.g.,  doors,  windows,  seams,  vents, cracks, etc.) exhibit no
visible  emissions  outside  the containment building. Compliance with this
requirement  may  include such measures as double door (airlock-type) entry
designs.  All  units must have the certification of a professional engineer
that  any  dust  control  system  is  designed  to  achieve  the no visible
emissions standard.

    Notwithstanding  any  other requirements of subpart DD of parts 264 and
265,  if  the  method  of  controlling fugitive dust emissions includes the
application  of  liquids,  the Regional Administrator has the discretion to
waive  the  secondary  containment requirement for containment buildings or
areas  of  containment buildings where liquids will be used to control dust
or  to  otherwise  protect worker health and safety in accordance with OSHA
requirements.  (See  Sec. 264.1101(e) and Sec. 265.1101(e).) EPA notes that
the  application  of  free  liquids  alone may not be sufficient to control
fugitive dust emissions.

    viii. Inspection Plan. To ensure the unit is operating as designed, EPA
is  requiring  all  owner/operators  to  have  an  inspection  plan for all
containment  buildings  that establishes an inspection program that ensures
maintenance of the structural integrity of the unit and prompt detection of
any  leaks  or  releases  to the air, ground, or water. EPA is requiring an
inspection  schedule  for  these  units whereby, at least every seven days,
monitoring/leak detection equipment, the containment building, and the area
surrounding the containment building is checked to ensure the unit is being
properly  operated  and  that  no  leaks/releases have occurred to the air,
ground,  or  water. (See Sec. 264.1101(c)(4) and Sec. 265.1101(c)(4).) This
is  consistent  with the existing inspection requirements for drip pads and
for  liner  and leak detection systems. These observations must be recorded
in  the  facility's  operating  record.  In  the  event that a condition is
detected  that  has  led or could lead to a release of hazardous waste, the
owner or operator must repair the condition within a reasonably prompt time
following  discovery in accordance with the standard procedures for similar
units. (See Sec. 264.1101(c)(3) and Sec. 265.1101(c)(3).)

    In  response  to  comments on these inspection requirements, EPA points
out  in  today's  rule  that  these  weekly  inspections need not be unduly
burdensome.  Electronic  monitoring  of  liquid  in  secondary  containment
systems  or of air pressure differentials between the inside and outside of
a containment building are examples of relatively cost-effective monitoring
techniques.

    ix.  Engineering  Certification.  In  the proposed rule, EPA identified
that  it  was  considering  but was not proposing a requirement for written
certification by an independent registered professional engineer (e.g., one
who is not an employee of the company, or of its parent or subsidiary.) The
benefit of such a certification would be to ensure that any new or existing
containment building is designed and constructed with sufficient structural
integrity  to safely manage and contain the hazardous waste. Public comment
was  divided on the appropriateness of requiring independent certification.
EPA  has  decided  not  to  require  that  this certification be made by an
independent   professional   engineer.  Since  professional  engineers  are
certified  and  licensed by States and thus have a substantial incentive to
maintain  their  professional  reputation,  a  professional  engineer  must
certify  that  the  containment  building has been designed with sufficient
structural  integrity  and is acceptable for storing and treating hazardous
waste according to the standards specified by EPA. The assessment must show
that   the  foundation,  structural  support,  primary  barrier,  secondary
containment system (where required), fugitive dust control system, and leak
detection  system  are  designed  to  meet  today's  standards and that the
containment  building  has sufficient structural strength and compatibility
with  the  waste to be stored or treated. (See Sec. 264.1101(c)(2) and Sec.
265.1101(c)(2).)

    x.  Temporary  Containment  Buildings.  Finally,  EPA  is aware that in
situations  such as hazardous waste site remediation efforts, appropriately
designed  and  operated  containment  buildings  could serve to enhance the
performance  of bioremediation treatment technologies. It may not always be
appropriate  for  containment  buildings  intended  for temporary use to be
constructed  or  operated  in exactly the fashion outlined in today's rule.
EPA   plans   to  address  temporary  containment  buildings  in  a  future
rulemaking.

    d.Closure  Requirements.  Today's  rule  promulgates  requirements  for
closure  of  containment  buildings  that  are  consistent with the closure
requirements  that  apply  to  waste  piles (Secs. 264.258 and 265.258) and
tanks  (Secs. 264.197 and 265.197). At closure, owners or operators of both
permitted  and 90-day containment buildings will be required to clean close
the units by removing all hazardous waste from the containment building and
by  removing  or decontaminating all hazardous waste residues, contaminated
containment  system  components,  contaminated subsoils, and structures and
equipment contaminated with waste, and managing them in accordance with the
Subtitle  C  regulations.  If the unit containment building cannot be clean
closed,  the  unit  must satisfy the requirements for closure that apply to
landfills   under  Sec.  264.310  or  265.310.  For  a  discussion  of  the
requirements   for  clean  closure  and  the  ''remove  or  decontaminate''
standard, see 52 FR 8504, March 19, 1987.

    Owner/operators of interim status waste piles who wish to convert these
units  to  interim  status containment buildings need not necessarily clean
close  their  units prior to conversion; closure requirements applicable to
these units may be deferred until closure of the containment building.

5. Revised Definition of Pile

    EPA  today  is  revising  the  regulatory definition of pile to exclude
containment  buildings.  Specifically,  EPA  is  revising the definition of
''pile''  to  explicitly  exclude  containment buildings that accumulate or
treat  prohibited  wastes  under the proposed requirements of Parts 264 and
265.  Although  EPA has previously classified all roofed structures used to
manage  dry  wastes  as  indoor  waste  piles,  EPA believes that there are
distinctions  between indoor waste piles that constitute land placement and
containment buildings.

    Most commenters generally supported these changes as proposed, although
a limited number of commenters suggested that EPA revise the definitions of
''pile''  and  ''tank''  more extensively. EPA may refine those definitions
further  in  separate  action  at {pg 37218} a later date, but EPA believes
that  the  definitions  in today's rule (which are substantially similar to
those  in  the proposed rule) identify the distinctions between the various
types  of units with sufficient clarity to indicate which are land disposal
and which aren't.

    Under existing Sec. 264.250, indoor waste piles are required to exclude
liquids  or  material  containing  free  liquids, be protected from surface
water  run-on,  control dispersal of waste by means other than wetting, and
not   generate  leachate  through  decomposition  or  other  reactions.  In
contrast, the containment building design and operating standards provide a
higher  level of containment and are in many ways comparable to RCRA tanks-
that  is, the hazardous waste is contained during storage or treatment. For
example,  containment buildings must be fully enclosed, have weight-bearing
walls  and  floor  systems designed and constructed of materials to prevent
migration   of   hazardous  constituents,  be  equipped  with  a  secondary
containment  system in areas where the hazardous waste contains significant
quantities  of  free  liquids,  and be provided with fugitive dust emission
controls.  Whereas  containment  buildings  are designed to manage moisture
associated  with  non-liquid  wastes, indoor waste piles are precluded from
including any water whatsoever.

6. Amendment of Sec. 268.50 Storage Prohibition and Permit Requirements

    Under  existing Sec. 268.50, the storage of hazardous wastes prohibited
from land disposal is also prohibited unless, among other requirements, the
waste  is  stored  in tanks or containers on site solely for the purpose of
the  accumulation of such quantities of hazardous waste as are necessary to
facilitate  recovery,  treatment, or disposal. At the time EPA adopted this
provision,  tanks  and containers were the only types of storage units that
did  not also involve land disposal. Under today's rule, there will also be
other  types  of  storage  units  (i.e.,  containment  buildings, subpart X
storage  units)  not involving land disposal. There may also be other types
of  miscellaneous  storage  units  in  the  future,  which  units  would be
regulated  under  subpart  X. EPA is thus promulgating this rule to conform
Sec. 268.50 to include these units.

7. Amendments to the Permit Modification Procedures in Sec. 270.42

    Today's  rule also amends appendix I of Sec. 270.42 by adding section M
which  will  classify permit modifications involving containment buildings.
In  addition,  today's  rule  amends  the  modifications for waste piles by
adding  an item which classifies a modification to a waste pile to meet the
standards  for  a  containment  building  as  a  Class  2 modification. EPA
believes  that  many  facilities will make modifications to their permitted
waste  piles  to  meet  the  standards  for containment buildings. For more
information  on  these  permit  modification  procedures,  see 53 FR 37912,
September 28, 1988.

    EPA is also amending section I of appendix I of Sec. 270.42 to add item
I.6,  which  allows permitted facilities to convert existing waste piles to
containment  buildings  by submitting a Class 2 modification to the Agency.
EPA  believes that the public should have the opportunity to comment on the
modification  request,  which  the Class 2 procedures provide. However, EPA
believes  that  this  modification is not significant enough to warrant the
Class  3 procedures because the unit is an existing unit, and the technical
standards  are  more  stringent  for  containment  buildings than for waste
piles.

    Some  of the hazardous debris treatment processes that were proposed as
BDAT  under  Sec.  268.45  would  take  place in units that EPA proposed to
define  as containment buildings. To assist in the development of treatment
capacity by permitted facilities to meet the requirements of this rule, the
Agency  proposed  to  change  the  criteria  that  must  be  met to grant a
temporary     authorization.    The    existing    regulation    at    Sec.
270.42(e)(3)(ii)(B)  allows  approval  of  the  request  if the activity is
necessary  to  treat  or  store restricted wastes in tanks or containers in
accordance with part 268. Today's rule amends these criteria to include the
treatment  or  storage of hazardous debris in containment buildings meeting
the requirements in proposed subpart DD, parts 264 and 265.

8. Amendments to the Change During Interim Status Procedures in Sec. 270.72

    Section  270.72(b)(6)  lifts  the  reconstruction  limit for changes to
treat  or  store  in  tanks  and containers hazardous waste subject to land
disposal  restrictions  imposed by part 268, provided that such changes are
made  solely  for the purpose of complying with part 268. EPA believes that
this  change  should also apply to treatment or storage of hazardous wastes
in  containment  buildings.  Today's  rule amends Sec. 270.72(b)(6) to make
treatment  or  storage  in containment buildings as regulated under subpart
DD, parts 264 and 265, exempt from the reconstruction limit.

9. Amendment of Sec. 268.7 Waste Analysis and Recordkeeping Requirements

    Today's  rule  amends  Sec.  268.7  Waste  Analysis  and  Recordkeeping
requirements  to include the management or treatment of prohibited waste in
containment buildings.

10. Revision of Sec. 260.10 Definition of Miscellaneous Unit

    Today's  rule  also  makes  a  conforming  change  to  the  Sec. 260.10
definition  of a miscellaneous unit by excluding containment buildings from
that definition.

H. Retrofitting Surface Impoundments Under Land Disposal Restrictions

1. Regulatory Background

    On February 4, 1992, EPA proposed a rule reconciling apparent conflicts
in  statutory  language  regarding  surface  impoundments  receiving  newly
identified  and  listed  prohibited  hazardous  wastes  that  have not been
treated  to  meet  a  treatment  standard (57 FR 4170). EPA is taking final
action  on that proposal in this FR Notice because the issue is relevant to
wastes  (particularly  F037/F038)  for  which  standards  are being adopted
today. (EPA also discussed this issue in the proposal to this rule at 57 FR
999-1000.)

    a.Issue. EPA has identified a conflict in the Resource Conservation and
Recovery  Act  (RCRA) concerning the deadline by which surface impoundments
managing  wastes  that  are  both  newly  identified or listed as hazardous
(i.e.,  identified  or  listed  after  the  date  of enactment of HSWA) and
prohibited  from  land  disposal must come into compliance with the minimum
technological requirements (MTRs) of section 3004 (o)(1)(A) and 3005(j)(1).
The  MTRs  require  surface impoundments to have a double liner with a leak
detection  system,  and a ground-water monitoring system. fn 1 In a typical
situation,  an  impoundment  will  be  receiving  a  hazardous,  prohibited
wastewater or generating a hazardous, prohibited sludge in the impoundment.
These  wastes  typically  will  not meet treatment standards when placed in
impoundments.  The  statutory conflict arises because one set of provisions
states that impoundments can receive {pg 37219} untreated prohibited wastes
only  if  they  meet  MTRs.  Moreover,  it  is assumed that the lack of MTR
impoundments  creates  a  shortage  of  treatment  capacity,  justifying  a
variance.  A  further  potential  problem  exists because normally only MTR
impoundments  are  allowed to receive restricted wastes subject to capacity
variances.  On  the  other  hand,  a  different  statutory provision allows
impoundments  up  to  four  years  to  achieve  compliance with MTRs (or to
close).  The  conflict arises if the LDR prohibitions come into play before
this four-year period expires.

fn  1  EPA  has  stated that land disposal facilities newly regulated under
subtitle  C  of  RCRA as a result of a newly identified or listed hazardous
waste  must install a ground-water monitoring system within one year of the
effective  date  of  the  listing  or  characteristic  rule  (55  FR 39409,
September  27,  1990).  This  deadline  will not change as a result of this
final rule.

    We  now  describe  the  relevant  statutory  provisions in more detail.
Section  3005(j)(6)  allows  a  four-year compliance period for meeting the
surface  impoundment  MTRs after the promulgation of additional listings or
characteristics of hazardous waste. At the end of the four-year period, the
impoundment  must either meet MTRs or cease receiving, treating, or storing
hazardous  waste  (referred  to  as  ''closing'' in this discussion). (Thus
impoundments  newly in the system are given the same four years to retrofit
or  close that existing impoundments receive. Section 3005(j)(1).) Congress
thus  acknowledged that retrofitting or closure is not a quick process, but
rather  one  that  requires  time,  thus  tempering the need to protect the
environment  with an acknowledgement that there must be a reasonable period
for changing operations. fn 2

fn  2  Section 3005(j) is actually a series of deadlines connected with the
retrofitting of surface impoundments. For those units that undoubtedly have
to  retrofit,  the  time period is four years, while those that may qualify
for  variances  are subject to interim deadlines for application and action
on  the  variance request, and then a period, if the variance is denied, to
retrofit  within the time remaining in the four-year period. There are also
retrofit  deadlines  for units initially granted variances, but later found
to  be  leaking.  These units are given shorter periods (two or three years
depending  on  the  variance),  but  this  is appropriate where there is an
actual leak.

    Section  3004(g)(4) requires EPA to prohibit newly identified or listed
hazardous  wastes  from land disposal (i.e., promulgate treatment standards
for  all  such wastes not disposed in no migration units) within six months
of the date of the new listing or characteristic. Section 3004(h)(4), which
also  deals  with land disposal restrictions, states that during a national
capacity  variance  (which  EPA  issues if sufficient treatment capacity is
unavailable  nationwide)  or  case-by-case extension period (for individual
facilities  demonstrating  that  they are unable to find existing treatment
but  have  a binding contractual commitment to provide treatment capacity),
wastes  not  meeting  the  treatment  standards  may be placed in a surface
impoundment  only  if  the  impoundment  is in compliance with the MTRs. fn
3Mobil  Oil  Corp.v.EPA,  871  F.2d  149 (D.C. Cir. 1989). Finally, section
3005(j)(11)  states  that  only surface impoundments meeting MTRs, and that
are dredged annually, may receive prohibited wastes that have not yet met a
treatment standard.

fn  3  RCRA  sections  3004(h)(2)  and  3004(h)(3) restrict the duration of
national  capacity  variances  and  case-by-case extensions to a maximum of
four years. If capacity becomes available sooner, it must be used.

    As  noted  above,  these  provisions  raise  two  sources  of potential
conflict.  The  first  is  how  long  non-MTR  impoundments can continue to
receive  prohibited  wastes  (i.e., wastes not meeting a treatment standard
and  for which there is no capacity variance). Section 3005(j)(6) indicates
four  years  while section 3005(j)(11) does not allow it. A second conflict
occurs  for  impoundments  managing  wastes  granted  a  national  capacity
variance   or   case-by-case   extension   when   treatment  standards  are
promulgated,  because it is unclear whether surface impoundments must be in
compliance  with  the  MTRs  at  that time (per section 3004(h)(4)) or four
years after the promulgation of the new listing or characteristic.

    b.  History.  This  conflict was not apparent when Congress enacted the
Hazardous  and  Solid  Waste  Amendments  of  1984 (HSWA) or when EPA first
implemented  the  land disposal restrictions, even though the earliest land
disposal  restrictions  dates  (24  months  from  the enactment of HSWA for
solvents  and  dioxins  and 36 months for the California list wastes) would
appear  to  cut  short  the  November 8, 1988 retrofit deadline (four years
after  HSWA  enactment)  for  interim  status  surface impoundments if they
received  wastes  for  which EPA granted a capacity variance. The issue did
not arise because EPA interpreted section 3004(h) differently at that time;
rather than requiring an individual unit receiving restricted waste to meet
the  MTRs, EPA required only those units within the same facility that were
otherwise  subject  to the MTRs to be in compliance. As a practical matter,
that  meant  that only new, replacement, or expansion units had to meet the
MTRs.

    In the August 17, 1988 rule promulgating the land disposal restrictions
for  the  First  Third  Scheduled  Wastes  (53  FR  31138), EPA changed its
interpretation  to  require  individual units to comply with the MTRs. That
reinterpretation  became  effective  four years after the enactment of HSWA
and was upheld inMobil Oil Corp.v.EPA, 871 F.2d 149 (D.C. Cir. 1989). There
was  no  conflict  at  that  time because the four-year retrofitting period
ended at the same time that the revised interpretation took effect.

    The  conflict  was  mentioned in the Third Third proposal (54 FR 48499,
November 22, 1989), which stated that if EPA issues a capacity variance for
newly identified or listed hazardous wastes, it would have to reconcile the
differences  in  sections  3005(j)(6)  and  3004(h)(4). (The notice did not
allude  to  potential  conflicts  with  section  3005(j)(11) because it was
assumed  that the lack of MTR impoundments would give rise to circumstances
justifying  capacity  variances,  triggering  the  potential  conflict with
section  3004(h)(4).)  Several  commenters  responded  to  this issue. Some
stated  that  section 3005(j)(6) explicitly afforded four years to retrofit
surface  impoundments  newly  brought  under subtitle C regulation. Another
commented  that  the  four  years provided to retrofit surface impoundments
managing  regulated mineral processing wastes may not be adequate, and that
the schedule should be determined site-specifically.

    Others  disagreed,  however,  that  a  conflict exists between sections
3004(h)(4)  and  3005(j)(6).  They argued that: (1) EPA's interpretation of
section  3004(h)(4),  rather  than any inherent flaw in the statute, led to
the  apparent  ''conflict,''  and  (2)  the  general  language  of  section
3004(h)(4)  cannot  override  the  specific language of section 3005(j)(6),
wherein  the  issue  of  newly  identified  or  listed  hazardous  waste is
addressed directly. EPA did not resolve this issue in the final Third Third
land  disposal  restrictions rule, but rather left it for later resolution.
EPA is taking this opportunity to resolve the conflict.

2. Agency Interpretation

    a.How  long can impoundments continue to be used to receive or generate
newly  identified  or  listed hazardous wastes? The first set of provisions
potentially in conflict are 3005(j)(6) and 3005(j)(11). As noted above, one
provision  allows four years to retrofit or close an impoundment, the other
says that only MTR impoundments can receive prohibited wastes not meeting a
treatment standard. Once EPA promulgates a treatment standard, the question
is  whether  a  non-MTR impoundment can receive prohibited wastewaters, and
continue  to  generate  prohibited  sludges, i.e., whether these wastes can
continue   to  be  land  disposed  (section  3004(k))  within  the  non-MTR
impoundment,  assuming, as is almost {pg 37220} certain, that the wastes do
not  meet the treatment standard when they are disposed in the impoundment.
fn 4
fn 4 The Agency adheres to its consistently held view that wastes generated
in  surface  impoundments  are  land disposed within the meaning of section
3004(k).  The  Land  Disposal  Restrictions  for Solvents and Dioxins final
rule, which laid the foundation for future Land Disposal Restriction rules,
stated that ''residuals that exceed the treatment standards must be removed
at  least  annually  from  the  time  the  waste  is  first  placed  in the
impoundment''  (51  FR  40601,  Nov.  7,  1986). Hence, it presupposed that
sludges  generated  in surface impoundments would be regulated by the rule.
This  presupposition is also apparent at 53 FR 17581, Aug. 17, 1988, and 54
FR  26598,  June  23,  1989.  Certainly,  generation  of  a  sludge  in  an
impoundment  fits the definition of land disposal in section 3004(k): ''any
placement  of such hazardous waste in a surface impoundment '' In addition,
since  sludges  are  virtually  never generated outside of impoundments and
then put into them, any construction that sludges generated in impoundments
are  not also disposed in them would result in the overwhelming majority of
impoundments  managing hazardous wastes being outside the scope of the land
disposal  restrictions.  This  would  undermine  a  principal Congressional
purpose,  since  impoundments  are  singled out as the most environmentally
adverse  form  of  hazardous waste management unit. See, e.g., RCRA section
1002(b)(7);CMAv.EPA,9 F.2d 158 (D.C. Cir. 1990). EPA has consistently taken
into  account  the  volumes of sludges generated in surface impoundments in
the capacity determinations required for RCRA section 3004(h) (53 FR 17607,
May 17, 1988; 53 FR 31191, Aug. 17, 1988; 54 FR 26636, June 23, 1989; 54 FR
48471, Nov. 22, 1989; and 55 FR 22632, June 1, 1990).

    As  noted  below,  the same question arises if one assumes that lack of
existence  of  MTR  impoundments  triggers capacity variances, because Sec.
268.5(h)   (codifying   section   3004(h)  (4))  indicates  that  only  MTR
impoundments  are  eligible to receive the restricted wastes subject to the
variance (assuming impoundments disposal).

    EPA  believes  that  this  set  of provisions is in conflict, since any
other  reading  means  that  Congress gave a four-year window for continued
non-MTR  impoundment use with one hand, and snatched it away with the other
by means of section 3005(j)(11). fn 5 The Agency is resolving this conflict
by  allowing  interim  status surface impoundments a four-year period (from
the  effective  date  of  the  waste identification or listing) to continue
using  the  impoundment  to  receive  prohibited  wastewaters  and generate
prohibited  sludges.  This  allows  the  period  Congress  appeared to deem
typically  necessary  to close or retrofit an impoundment (see also section
3005(j)(1)   where   Congress   provided  the  same  four-year  period  for
impoundments  managing wastes identified or listed as hazardous on the date
of enactment of the 1984 amendments).
fn 5 The Agency does not believe it fruitful to argue about which provision
is  more  specific.  One is more specific with regard to dealing with newly
listed waste, but the other is more specific in addressing the relationship
of impoundments and the land disposal restriction provisions.

    Although   Congress'   goal   is  not  to  put  untreated  wastes  into
non-MTR-compliant  surface  impoundments, it recognized that MTR compliance
cannot  be  achieved immediately. Although the legislative history does not
expressly  articulate  it,  the  structure  of  section  3005(j) shows that
Congress  thought  that  the  goal  of  environmental protection (served by
retrofitting)  needed  to  be  balanced against the goal of avoiding sudden
disruptions  and  capacity  losses  in  waste treatment and disposal that a
six-month  deadline  could  cause.  Congress felt that four years struck an
appropriate balance.

    Although  EPA recognizes that not all impoundments will take four years
to   close  or  retrofit  (see  57  FR  at  4173-74  (Feb.  4,  1992)),  an
interpretation  that would allow EPA to review individual determinations of
whether  a  full  four-year  period  is  needed  to  close or retrofit (for
example,   through   review   of  applications  for  case-by-case  capacity
extensions)   appears   unduly   disruptive   of   plant  waste  management
determinations (i.e., EPA or State officials second-guessing determinations
of  the  necessary  length  of  time to close or retrofit), and wasteful of
Agency  resources as well. In addition, Congress indicated that a four-year
window  was  appropriate. Thus, the Agency is interpreting these provisions
to  state  that  non-MTR  impoundments  can remain operating for four years
after   the   effective   date  of  the  waste  identification  or  listing
notwithstanding  that  they  are  receiving  prohibited waste not meeting a
treatment standard. fn 6

fn  6  As  noted above, another way of viewing this question is to say that
the  conditions  for some form of treatment capacity variance are satisfied
because  even if treatment capacity exists outside the surface impoundment,
wastes must continue to be land disposed in the impoundment for some period
of  time while the impoundment is closed or retrofitted. EPA would give the
same  answer  (i.e.,  four  years  of  continued  use) if the question were
conceptualized in terms of capacity variances.

    This  same  potential  conflict is raised in duplicative fashion during
the  period  of  a  national or case-by-case capacity variance. Not only is
there  the  conflict  with  section  3005(j)(11)  as discussed above, but a
conflict  with  section  3004(h)(4) as well, since under that provision (as
implemented  in  section 268.5(h)) only MTR impoundments can receive wastes
during the period of a capacity variance. EPA is resolving this conflict by
allowing  a  four-year  retrofit  period  for the same reasons given above.
Thus,  the  Agency  reads section 3005(j)(6) as an exception to the general
rule of section 3004(h)(4) (and 3005(j)(11)); that is, surface impoundments
newly brought into the subtitle C system by a new listing or characteristic
have  four  years  to  retrofit  even  if  they receive wastes subject to a
national  capacity  variance or case- by-case extension. However, EPA notes
that  the potential conflict between statutory provisions exists whether or
not  treatment  capacity exists outside of the surface impoundment (see fn.
6). fn 7

fn  7 Of course, prohibited sludges generated outside of impoundments could
not  be managed in a non-MTR impoundment in any case. If treatment capacity
is  available  for such sludges, it must be utilized. If treatment capacity
is  unavailable  (i.e.,  there  is  a  capacity  variance in place for such
wastes), the wastes must be disposed in an MTR landfill, or impoundment, or
some  other  type  of  land  disposal  units  such  as land treatment (Sec.
268.5(h)).

    b.  Resolution  where  treatment  capacity  exists  outside the surface
impoundment.  If treatment capacity exists outside the surface impoundment,
however,  a further issue exists with respect to sludges generated within a
surface  impoundment,  since  these  sludges  can  be removed for treatment
elsewhere.  In  the  January  9, 1992 proposed rule, the Agency proposed to
resolve these issues by requiring annual dredging of F037 and F038 sludges,
plus requiring clean closure of the unit (assuming the unit would be closed
rather  than  retrofitted).  The proposal was premised on the logic that if
retrofitted impoundments receiving wastes not meeting a treatment standards
had  to be dredged annually (because of section 3005(j)(11)), unretrofitted
impoundments should be subject to the same standard if there was a means of
treating  the  waste  being removed. The proposed clean closure requirement
was  based  on  the  notion that if treatment capacity exists, it should be
used  in  preference  to  disposal  in a non-MTR impoundment. In the Feb. 4
proposal,  EPA also noted a general principle of requiring use of treatment
capacity for wastes in section 3005(j)(6) impoundments where such treatment
capacity exists. (57 FR 4170.)

    Commenters  noted that aspects of the proposal did not necessarily make
environmental  sense.  They  noted  that an annual dredging requirement was
unlikely   to   provide   significant  environmental  benefit  because  the
impoundments  were  likely  to be closed in a short time in any event, when
some  sludge  removal  was likely. Before closure, the impoundment would be
monitored  and  subject  to corrective action requirements. In addition, an
annual  dredging  requirement  could  interfere  with  on-going  use of the
impoundment.  With  respect to clean {pg 37221} closure, commenters pointed
out  (correctly)  that  this  would  entail removal not only of accumulated
sludges  but  subsurface contaminated soils as well which are not the focus
of  the  treatment  requirements,  and  that  forcing  clean  closure could
interfere  with  otherwise  available  and potentially more cost- effective
types of closure options.

    EPA  finds  many  of  these  comments  persuasive and believes that the
following  interpretation  best  resolves  these  issues. First, EPA is not
interpreting   these   provisions   as  necessitating  annual  dredging  of
accumulated  sludges. Either the impoundment will close in a short time (no
more  than four years), or it will be retrofitted and become subject to the
annual  dredging requirement in section 3005(j)(11) (as implemented by Sec.
268.4(a)(2)(ii)).  If  the  impoundment  closes,  EPA  is  interpreting the
provisions  to allow closure with wastes in place (unless the unit operator
chooses  to  clean  close  the  impoundment).  Thus,  under  this  reading,
continued  use  of  the  impoundment  would be allowed during the four-year
retrofit/closure  period  (as  explained  in  section  1 above), use of the
impoundment  during  that  time  would  not  be  disrupted  by  a  dredging
requirement,  and  the impoundment would be allowed to close with wastes in
place.  These  are  the same options that were available to impoundments in
1984 managing wastes already identified or listed as hazardous.
3. Technical Analysis

    a.Introduction.  Owners  or  operators of surface impoundments managing
newly  listed  or  characteristic hazardous wastes have several options for
complying  with  the  minimum  technological  requirements.  Facilities may
retrofit the surface impoundments with liners and leak detection systems in
compliance    with    the   requirements   of   section   3004(o)(1)(A)(i).
Alternatively,  facilities may replace their treatment surface impoundments
with  wastewater treatment tanks regulated under the Clean Water Act or may
opt to close the surface impoundments and send the waste off- site.

    EPA  believes  that very few facilities managing newly regulated wastes
in  surface  impoundments  will  choose to retrofit their impoundments. For
example, the Chemical Manufacturers Association (CMA) conducted an informal
survey  of  582  chemical  manufacturing  facilities in the fall of 1989 to
obtain  information  about  the  management  of ''non-hazardous wastes'' in
surface  impoundments.  Twenty-seven  facilities  reported  that 85 surface
impoundments  would  be  newly  regulated  as  a  result  of  the  Toxicity
Characteristic  rule  (55  FR  11798,  March 29, 1990); of these 85, only 9
would  be  retrofitted  with  liners  and leak detection systems. Replacing
surface  impoundments  with  tank  systems  was the most frequently planned
method  of  compliance  for the respondents to this survey. Past experience
also indicates that surface impoundment owners or operators are more likely
to  replace  their  surface impoundments with tank systems than to retrofit
the  impoundments.  RCRA  section  3005(j)(1) required surface impoundments
that were in existence and that qualified for interim status on the date of
enactment  of  HSWA  to  come  into compliance with the MTRs by November 8,
1988. Most facilities with surface impoundments replaced their impoundments
with  tanks  in  response to this deadline. Less than five percent of these
facilities actually retrofitted their surface impoundments.

    To  support  today's rulemaking, EPA undertook an analysis to determine
how  much time is needed for owners or operators of newly regulated surface
impoundments  to  comply with the MTRs either by replacing the impoundments
with  wastewater  treatment tanks exempt from RCRA subtitle C standards, or
by  retrofitting  the  surface  impoundments with liners and leak detection
systems  according  to  the  requirements  of section 3004(o)(1)(A)(i). EPA
collected  information from a variety of sources, including facilities that
have implemented these practices in the past or plan to do so in the future
(e.g.,  in  response  to  the  TC),  tank manufacturers, and engineers. The
results  were  summarized  in  the  proposed  rule  (57  FR  4170), and are
available in the background document. fn 8

fn  8  It should be noted that the potential statutory conflict at issue in
this rulemaking is most immediately relevant to wastes newly regulated as a
result  of  the  Toxicity  Characteristic (TC) rule (55 FR 11798, March 29,
1990).  According  to  the  regulatory  impact  analysis  for the TC, about
730,000,000  metric  tons  per  year  of  wastewaters  managed  in  surface
impoundments at over 2,000 facilities are estimated to exhibit the TC (U.S.
EPA,  OSW. U.S. EPA Background Document. Toxicity Characteristic Regulatory
Impact  Analysis.  Final  Report. March 1990). This potential conflict will
also  arise with respect to all future newly identified or listed hazardous
wastes; however, the TC rule is used as an example throughout this section.

4. Conclusion

    EPA  found  that  the  time  needed  to  comply  with  the  MTRs varies
considerably based on case-by- case factors (e.g., current waste management
practices,   land  availability)  and  regional  factors  (e.g.,  climate).
According to EPA's information sources, six months appears not to be enough
time  to  either  retrofit a surface impoundment or replace the impoundment
with  a  wastewater  treatment tank. Replacing a surface impoundment with a
tank  frequently  takes  two  to  four  years,  and  retrofitting a surface
impoundment frequently takes two to three years.

    EPA  believes  that  most  interim status surface impoundments managing
wastes  newly identified or listed as hazardous will be able to comply with
the surface impoundment MTRs within four years of the date promulgating the
listing  or  characteristic.  Thus, the four-year period allowed in section
3005(j)(6) is a reasonable period within which to come into compliance.

V. Detailed Discussion of Final Rule: Hazardous Debris

A. Overview

    The  Agency  is  today  promulgating  a final rule for the treatment of
hazardous  debris.  Until today, debris destined for land disposal that was
contaminated  with  a  prohibited  RCRA hazardous waste or that exhibited a
prohibited  RCRA  hazardous  characteristic  was  subject  to the treatment
standard  for  that  listed waste or characteristic. See, e.g., 55 FR 22649
and  RCRA  sections 3004 (d)(3) and (e)(3). Although hazardous waste debris
(as  well  as contaminated media) is subject to the LDR prohibitions, there
is  no  requirement that it have the same treatment standards as the wastes
with  which  it  is contaminated. Indeed, because hazardous debris may be a
matrix  significantly different from the underlying prohibited waste, it is
appropriate  as a technical matter to determine whether different treatment
standards were appropriate.
    Today,  EPA  is  promulgating  treatment standards for hazardous debris
prohibited from land disposal. Under today's rule, hazardous debris must be
treated  by  specified technologies based on the type of debris and type of
contaminant(s)  present  or,  as  an  alternative,  meet  the  LDRs for the
specified  prohibited  listed  or  characteristic  waste  with  which it is
contaminated.

    EPA  has  specified a number of BDAT technologies for hazardous debris,
with  the  choice  of  technology  left  up to the generator and/or treater
managing the waste. The technologies include widely used treatment methods.
EPA  thus  believes  that it is preserving in this rule as much flexibility
for the treatment of hazardous debris as possible. {pg 37222}

    Prohibited  hazardous  debris  is  defined  generally as solid material
(that is not a process waste) having a particle size of 60 mm or larger and
that is intended for land disposal and exhibits a prohibited characteristic
of  hazardous  waste  or  that  is  contaminated  with  a prohibited listed
hazardous  waste.  Hazardous debris must be treated by one of the specified
treatment  technologies  for  each  ''contaminant  subject  to  treatment''
defined as: (1) The BDAT constituents for the listed waste that are subject
to  land  disposal  restriction  standards  (as  found  in  Sec. 268.41 and
268.43);  and  (2)  the  RCRA  hazardous waste constituent(s) for which the
hazardous debris fails the Extraction Procedure toxicity characteristic, in
addition  to  any  other  characteristic  which  causes  the  debris  to be
hazardous   (i.e.,   ignitability,  reactivity).  As  an  alternative,  the
generator  of the hazardous debris may choose to treat the hazardous debris
to   the   existing   waste-specific  treatment  standards  for  the  waste
contaminating  the  debris.  However,  in  choosing  this  alternative, the
generator  or  treater  would be required to sample and analyze the treated
debris  to ensure compliance with the treatment standards prior to disposal
in a Subtitle C land disposal unit.

    To  ensure effective treatment, the treatment unit would be required to
meet  performance standards or design and operating conditions specified in
the rule. In addition, the treatment unit would generally be subject to the
Part 264 and 265 standards for treatment facilities to ensure protection of
human health and the environment.

    The  rule  addresses  not  only  the  issue of when hazardous debris is
sufficiently  treated,  but  the further question of when it is a hazardous
waste.  Under the rule, treated hazardous debris would be excluded from the
definition  of  hazardous waste provided that: (1) The debris is treated to
the  performance  or  design  and  operating  standards by an extraction or
destruction  technology  rather than an immobilization technology fn 9; and
(2)  the  treated  debris  does  not  exhibit a characteristic of hazardous
waste.  If  an  immobilization technology is used, the treated debris would
not  be  automatically deemed a nonhazardous waste. In addition, the Agency
could  determine  on a case-by-case basis under today's rule that debris no
longer  ''contains''  hazardous  waste  and  is  excluded  from  Subtitle 6
regulation.

fn  9  In  the  Phase  II  land disposal restrictions rule, the Agency will
reopen  and  request  comment  on  the  issue of whether immobilized debris
should  be  excluded from Subtitle C regulation. (See discussion in Section
V.D.2.)

    Residuals generated by the treatment of hazardous debris are subject to
the numerical treatment standards for the waste contaminating the debris.

B. Definitions of Debris and Hazardous Debris

1. Definition of Debris

    EPA  is  today  defining  debris as solid material exceeding 60 mm (2.5
inch)  particle  size  that  is: (1) A manufactured object; or (2) plant or
animal  matter;  or  (3)  natural  geologic  material  (e.g.,  cobbles  and
boulders), except that any material for which a specific treatment standard
is  provided  in  Subpart  D,  part  268, is not debris. fn 10 A mixture of
debris  and  other  material  such  as  soil  or  sludge is also subject to
regulation  as  debris  if  the mixture is comprised primarily of debris by
volume,  based on visual inspection. Process residuals such as smelter slag
and   residues  from  the  treatment  of  waste  (e.g.,  incinerator  ash),
wastewater, sludges, or air emissions residues (e.g., collected particulate
matter)  are  not debris. We discuss below that debris must be intended for
discard  (i.e.,  rather  than  continued  use), that debris must be a solid
material,  the  rationale for selecting a 60 mm particle size criterion for
debris  (i.e.,  as  opposed  to  the 9.5 mm particle size proposed) and for
applying  the  size  criterion  to  all  debris (i.e., not just to geologic
materials  as proposed), the rationale for regulating as debris mixtures of
primarily  debris  and  other  materials,  the rationale for not regulating
process  residuals  as  debris,  and  the rationale for regulating nonempty
containers  as  hazardous  waste  subject  to  existing LDRs rather than as
debris.

fn  10  For  example, lead acid or cadmium batteries are not debris because
they are subject to specific treatment standards under Sec. 268.42.

    a.Debris  Must  Be  Discarded  or  Intended for Discard. Debris must of
course  be either a solid waste or media (e.g., boulders) that is discarded
or intended for discard to be subject to the treatment standards in today's
rule.  Those  commenters  on  the proposed rule expressing concern that the
proposed  rule in some way vitiated (or was intended to vitiate) this basic
principle  were mistaken. This means that such materials that might at some
later  time  become  debris,  such as equipment or building structures, but
that  are  still  in  use  are not subject to the treatment standards. Such
in-use  material  is not a solid waste because it has not been discarded or
intended  for discard, as these terms are used in Sec. 261.33 (i.e., likely
abandoned, as defined in Sec. 261.2 (a)(2)(i) and (b))

    Media  debris  (e.g.,  boulders)  is  also not subject to regulation as
solid  waste  unless  discarded  or  intended  for  discard  and  so is not
automatically subject to the treatment standards.

    Once  debris  becomes  a  solid  waste  by  virtue  of  being discarded
(including  media  debris that becomes subject to regulation as solid waste
by  virtue  of  being  discarded),  it  is  not  necessarily subject to the
treatment  standards. For example, contaminated debris that is not actively
managed  after  the effective date of the prohibitions (i.e., the effective
date  of  the  LDRs for the hazardous waste contaminating the debris) would
not  be  subject  to the standards. See 53 FR 31148 (Aug. 17, 1988). On the
other  hand,  debris  which  is  contaminated with hazardous waste disposed
before  the  hazardous  waste  listing effective date and which is actively
managed  is  subject to the prohibitions and so would have to be treated to
satisfy  the  treatment standards promulgated today before the debris could
be  land  disposed  (assuming  disposal  will  not  occur in a no-migration
unit).Chemical Waste Managementv. EPA, 869 F. 2d 1526 (D.C. Cir. 1989).

    b.Debris Must Be a Solid Material. The rule defines debris as a ''solid
material.''  This  means  solid  in  a literal sense as defined in a common
dictionary.  A solid material is a material that retains its volume at room
temperature  without the need for support by a container. Examples of solid
materials  that  are  debris  if intended for discard and if their particle
size  is  60  mm  (2.5  inches) or greater include: (1) Glass; (2) concrete
(excluding  cementitious  or  pozzolanic  stabilized hazardous wastes); (3)
masonry and refractory bricks; (4) nonintact containers fn 11 e.g., crushed
drums);  (5) tanks; (6) pipes, valves, appliances, or industrial equipment;
(7)  scrap  metal (as defined in 40 CFR 261.1(c)(6)); (8) animal carcasses;
(9)  tree  stumps  and  other  plant  matter;  (10) rock (e.g., cobbles and
boulders); and (11) paper, plastic, and rubber. Not only is defining debris
as  solid  material in accord with the common-sense view of what debris is,
but,  more  importantly,  it  is  geared to the treatment standards adopted
today  that  ensure effective decontamination of solid materials by removal
or destruction of hazardous waste. Clearly, if a liquid could be {pg 37223}
considered  debris, the concept of cleaning off the outer surface to remove
contamination does not make sense. fn 12

fn 11 See discussion in section V.B.1.f of the text regarding regulation of
intact and nonintact containers.

fn  12  While  most of the debris treatment methods are extraction methods,
some  methods  destroy  the hazardous constituents; although these would be
applicable  to liquid material, most of the treatment methods simply remove
the contamination from the debris for subsequent detoxification treatment.

    Even though debris must be a solid material, it may contain or be mixed
with  free  liquids.  fn  13  The liquids may be waste or ground or surface
water  that  may  be  entrapped  in  the debris (e.g., in partially crushed
containers  (see  discussion  below on regulation of containers)) or may be
still  oozing  from  the  debris if the debris was newly generated or newly
excavated  from  a  remediation  site.  (If liquids separate from hazardous
debris  prior to treatment of the debris, they must be managed as hazardous
waste.)  Liquids  that  are entrapped in debris will be effectively treated
under   today's   treatment   standards   for   extraction  or  destruction
technologies.  If  an extraction technology is used, the toxic constituents
in the liquid will be removed from the debris as a treatment residue and is
subject  to  the  LDRs  for  the  waste  contaminating  the  debris.  If  a
destruction technology is used, the toxic constituents in the liquid should
be destroyed.

fn  13  To  determine  otherwise  would result in large quantities of solid
materials  being  subject  to the existing LDRs for the waste contaminating
the  materials.  Those  solid  materials  would be very difficult to sample
representatively  to  document compliance with the LDRs. Further, the solid
materials  would  be  readily  amenable  to  the debris treatment standards
promulgated  today  notwithstanding the presence of free liquids, and hence
appropriately classified as debris.

    We note, however, that debris that is immobilized prior to land filling
may  not  contain  free  liquids  as provided by Secs. 264.314 and 265.314.
Thus,  free  liquids  (including  liquids  in crushed containers) cannot be
present  in  debris  that  is  macroencapsulated  or  sealed, and cannot be
present in debris that has been micorencapsulated.

    c.Debris  Has  a  Particle Size Larger Than 60 mm. Today's rule defines
debris  as  solid  material  with  a particle size of 60 mm (2.5 inches) or
greater. We discuss below the rationale for increasing the particle size to
60  mm  from  the proposed 9.5 mm particle size, the rationale for applying
the  size criterion to all debris, not just to geologic matter as proposed,
the rationale for defining 60 mm or larger clumps of fine-grained materials
(e.g.,  clumps  of  compacted  clay)  as  nondebris  material,  and how the
particle size criterion is to be implemented.

    (1) Rationale for Increasing the Particle Size of Debris From 9.5 mm to
60  mm.  The  Agency  is  today  defining  debris  as solid material with a
particle size of 60 mm (2.5 inches) or greater for a number of reasons: (a)
Fine  grain  materials  (e.g.,  soil, glass cullet) are not amenable to the
surface removal technologies specified in today's rule and are not commonly
thought of as debris; (b) fine grain materials are likely to be amenable to
the  treatment  technologies that were the basis for the LDRs for the waste
contaminating the material; (c) fine grain materials, unlike large particle
size  materials,  can  be  reasonably  sampled  for  analysis  to  document
compliance  with  the  concentration-based LDRs for the waste contaminating
the material; (d) material normally considered to be soil should be subject
to  the  Agency's planned LDRs for contaminated soil rather than defined as
debris  fn  14;  (e)  the  selection  of a 60 mm particle size criterion is
within  the  range  of  reasonable  particle  sizes  the  Agency could have
selected  for  defining  debris; and (f) many commenters suggested a larger
particle  size,  and  the  only commenters that suggested a particular size
suggested 60 mm.

fn  14  We  note  that numerous commenters were concerned that the proposed
particle size criterion of 9.5 mm would inappropriately define most soil as
debris. (We note further that the proposed rule could have been interpreted
to  define  as  debris  geologic  material  that  was comprised of only one
particle  (e.g.,  a  rock) with a particle size of 9.5 mm or greater. Thus,
fine grain soil containing one 9.5 mm or greater sized rock could have been
considered  debris. The final rule addresses mixtures by defining as debris
mixtures  of  primarily  debris with other materials. See discussion in the
text in Section V.B.1.d).

    We  note that a number of commenters suggested that the Agency consider
raising  the  particle  size  breakpoint  as  the Agency is doing here. Two
commenters  suggested  an  alternative  sieve  size  of 60 mm, stating that
existing  soil-washing  equipment  such as rotary screens and wet vibratory
screens  are capable of handling particles sizes of several inches, and the
suggested 60 mm cut-off size would result in more soil being subject to the
existing  LDRs  which  require sampling and analysis to document compliance
with concentration-based treatment standards.

    While  the  Agency  believes that it could have selected other particle
sizes,  the  Agency  selected  the  60 mm (2.5 inch) particle size from the
range  of  9.5  mm  (  3/8  inch) to 200 mm (8 inches) because: (1) It is a
commonly  used  sieve  size  that  is  commercially available, (2) it would
define  as soil pebbles and smaller particles, and define as debris cobbles
and  boulders  fn  15  in  accord  both  with common understanding and with
materials  most  amenable  to  effective  treatment  by the methods adopted
today;  and  (3)  it  meets  the  criteria  discussed  above (e.g., smaller
particle  size  material can be readily sampled to document compliance with
the  numerical  LDR  treatment  standards  for  the waste contaminating the
material). fn 16 In addition, this size object is normally readily amenable
to effective treatment by the methods specified in today's rule.

fn  15  See  the  May  11, 1992, memorandum from Kerry Rice, Radian to Mark
Mercer,  EPA,  entitled  ''Particle Size Definitions and Sieve Sizes''; and
the  May  18,  1992, memorandum from Peter Shields, Radian, to Mark Mercer,
EPA, entitled ''Sieves with Openings Greater than Four Inches''.

fn  16  We  note  that  the  Agency  is considering proposing Phase II land
disposal   restrictions   that  would  establish  treatment  standards  for
contaminated  soil.  In that proposal, the Agency is considering requesting
comment  in particular on whether soils with a particle size between 9.5 mm
and 60 mm can be effectively treated under those proposed standards.
    (2)  Rationale  for Applying the Particle Size Criterion to All Debris.
The Agency has broadened the particle size test to apply to all debris, not
just to geologic debris as proposed. We believe that the reasons enumerated
above  for  increasing the particle size to 60 mm apply equally to applying
the  particle  size  to all debris (e.g., small particle size objects-e.g.,
glass,  metal fragments-can be readily sampled representatively to document
compliance with the LDRs for the waste contaminating the material).

    (3)  Compacted  Clumps  of  Fine  Grained  Materials are not Defined as
Debris. The Agency is basing the size criterion on the particle size of the
solid  material rather than the sieve size to ensure that 60 mm (or larger)
compacted  clumps of materials with a particle size less than 60 mm are not
defined  as  debris. The most common example is clayey soil. Clay particles
are  extremely  cohesive  and  can form clumps during normal excavation and
handling  operations.  The  contaminated  debris  treatment methods are not
intended  to  clean  clumps  of  clay. Clumps of agglomerated clay soil are
subject to the treatment standards for the waste contaminating the soil.

    In  addition,  the  Agency  is  concerned  that generators may have the
incentive to intentionally agglomerate small particle size materials (e.g.,
soil or even manufactured materials) so that they would meet the definition
of  debris  and  so  be  excluded  from  regulation  under  subtitle C upon
treatment  by an extraction or destruction technology. If such contaminated
materials were not {pg 32724} regulated as debris, they would be subject to
the  LDRs  for  the  waste  contaminating  them and would remain subject to
subtitle  C  regulation  after  treatment.  Basing  the  size  criterion on
particle  size rather than sieve size precludes the potential for such sham
activities.

    (4) Implementation of the Particle Size Criterion. To make today's rule
workable,  equipment operators need to be able to determine quickly whether
material  being  remediated  is debris or nondebris (e.g., soil, waste). In
some  cases,  the  determination  will  vary  from  one  front  end  loader
bucketfull  of material to another. Accordingly, the Agency intends for the
size  criterion  to  be implemented by visual observation. Screening is not
required.  If screening is used, however, the screen may be either a square
grid  with  openings 60 mm on a side or a circular grid with circles with a
60 mm diameter.

    (d)  Waste for Which a Specific Treatment Standard Has Been Established
is not Debris. There is one further exception to this definition of debris.
EPA  is  indicating  that  debris-like  material  for  which the Agency has
promulgated  a  specific treatment standard is not considered to be debris.
The  reason is that the Agency will have determined that specific treatment
standards  are  appropriate for the material, rather than the assortment of
technologies  adopted  for  debris  generally.  See  57 FR 983 c.3 (Jan. 9,
1992).

    The  chief  examples  of  a  material  subject  to a specific treatment
standard  rather  than the general debris standards are lead acid batteries
and  cadmium  batteries.  EPA has promulgated a treatment standard of metal
recovery  for  each  of  these  materials. See Sec. 268.42. Thus, this more
specific  treatment  standard takes precedence over the more general debris
standard adopted today. fn 17

fn  17  A  number  of  commenters  questioned  the jurisdictional basis for
regulating  battery  plates  and groups from lead acid batteries as ''solid
wastes''  subject to subtitle C regulation. EPA adheres to the response set
out at 57 FR 960-961 in the proposed rule.

    d. Mixtures of Debris with Other Materials are Subject to Regulation as
Debris  if  Debris is the Primary Material Present. A further issue needing
to  be  addressed  is  the status of mixtures of debris and other materials
such  as  soils  or  sludge.  This  situation arises often, particularly in
remedial  situations  where  debris  is rarely present in a pristine state.
Since  the  treatment  standards  for  debris and other materials-sludge or
contaminated  soil-differ, the issue of classification is an important one.
In  developing  a  means  of  classification, the Agency on the one hand is
seeking to prevent the debris classification from invariably overriding the
treatment  standards  for  other hazardous wastes. On the other hand, it is
important  to  have  a  means  of  classification  that is easy to apply by
equipment operators in the field.

    The  Agency  has  therefore  decided  to  classify  fn 18 as debris any
mixture  where  the debris portion comprises the largest amount of material
present  by  volume, to be determined by visual inspection. fn 19 Thus, for
example,  if  upon examination, a mixture of cobbles (i.e., with a particle
size  of  60  mm or more), soil, and sludge is comprised mostly of cobbles,
the  mixture  is  classified  as  debris. After being treated by one of the
treatment  methods for debris promulgated in today's rule, it could then be
land  disposed.  (Residues from applying the treatment method could be land
disposed  after  being  treated  to  meet  the  treatment standards for the
prohibited waste contaminating the debris.)

fn  18 We note that although such mixtures are classified as debris and are
subject  to  the debris treatment standards, if the nondebris materials are
separated from the debris prior to treatment by a specified technology, the
separated  material  is  no  longer  classified as debris. If the separated
material  is  a  hazardous  waste  (or  soil  contaminated with a hazardous
waste),  it  is  subject  to  the waste- specific treatment standards. When
treatment  residue  (i.e.,  soil,  waste,  or  other nondebris material) is
separated  from  treated debris as required by today's debris standards for
extraction  or  destruction  technologies,  the  residue  is subject to the
waste- specific standards for the waste contaminating the debris.

fn  19  Some  materials  (e.g.,  soil)  mixed  with debris may contain free
liquids  that  may  still  be  oozing from the material. The volume of such
entrapped liquids need not be considered in determining whether the mixture
is  primarily debris because it is impracticable to determine the volume of
such liquids by visual inspection.

    The  definition  of debris encompasses this classification principle by
stating  that  ''A  mixture  of  debris  and other material such as soil or
sludge  is  also  debris if the mixture is comprised primarily of debris by
volume,  based  on  visual  inspection.''  It  should  be  clear  from this
discussion that the rule does not require debris and nondebris materials to
be  separated prior to treatment (an unintended implication of the proposed
rule).  Rather, mixtures are either classified as debris or some other type
of  waste treatability group according to the classification test discussed
above.
    We  note that the ''primary material'' test for classifying debris does
not  apply  to  intact, nonempty containers. Given that such containers are
not  debris  (see  discussion  below in section V.B.1.f) and can be readily
separated from debris (or mixtures of debris and other materials), they are
not  considered  in  applying  the ''primary material'' test. Consequently,
intact,  nonempty  containers  must  not  be  included in making the volume
determinations to classify mixtures of debris.

    There  is  one  further  point  to be made. Although EPA is classifying
mixtures  that  are predominantly debris as debris, this does not mean that
debris can be deliberately mixed with other wastes in order to change their
treatment  classification. Such mixing is impermissible dilution under Sec.
268.3 since it is a substitute for adequate treatment. See also 53 FR 31145
(Aug.  17,  1988);  dilution  to  change  treatability groups is ordinarily
impermissible.  In addition, such situations where debris is used merely to
dilute  another  prohibited  waste, the mixture would remain subject to the
most stringent treatment standard of any waste that is part of the mixture.
See Sec. 268.41(b).

    e.Process   Residuals  Are  Not  Debris.Today's  definition  of  debris
explicitly  excludes process residuals by stating: ''Process residuals such
as smelter slag and residues from the treatment of waste (e.g., incinerator
ash),  wastewater,  sludges,  or  air  emissions  residues (e.g., collected
particulate  matter)  are  not  debris.''  The  Agency believes that debris
should  be  limited  to  manufactured  objects  (e.g.,  metal,  glass)  and
naturally  occurring  objects  (e.g.,  boulders,  tree  stumps). The Agency
developed  the  treatment standards generally to ensure effective treatment
of hazardous waste contaminating an object, rather than effective treatment
of a large particle size hazardous waste such as slag. fn 20

fn  20  We  note  that  previous  debris  definitions  (see  Sec. 268.2(g))
considered  ''slag''  as debris. The Agency has reconsidered this issue and
has  determined  the  slag  is  not  debris  because  it is not the type of
material    for    which    today's   debris   treatment   standards   were
developed-objects   contaminated  (generally  surficially)  with  hazardous
waste.

    Several  commenters requested clarification as to what the Agency meant
in  the  proposed  rule by excluding from the definition of debris ''solids
that  are  listed  wastes  or  can  be  identified  as  being residues from
treatment  of  wastes and/or wastewaters.'' The commenters felt that it was
unclear  whether  this  phrase  exempts  from the definition of debris only
pollution  control  residues,  or  material  such as metal filters, ceramic
column  packing,  or  discarded  pollution  control  equipment.  Commenters
suggested  that  EPA  clarify,  through examples, that discarded industrial
equipment  (such  as  filters,  pumps,  etc.)  would  be  included  in  the
definition  of  {pg  37225}  debris even if the equipment was used to treat
wastes  or  wastewaters.  The  commenters  are correct. A discarded pump or
filter used to treat a waste is debris, but the waste pumped or filtered is
not  debris.  Although  some  filtered or pumped waste will contaminate the
pump or filter (indeed, that is the basis for subjecting the filter or pump
to the treatment standards), the contaminated pump or filter will virtually
always  be  comprised primarily of debris rather than waste and so would be
classified as debris.

    f.Intact  Containers  Are  Not  Debris.A number of commenters requested
comment  on  the  relationship between the proposed treatment standards for
debris  and  the  so-called  empty  container rule in Sec. 261.7. That rule
states  in essence that with respect to containers holding hazardous waste,
what  is  regulated  is  the  hazardous  waste in the container and not the
container  itself.  Thus,  empty  containers  are  not  regulated,  and the
hazardous wastes in nonempty containers are. An empty container is one from
which  all  hazardous  wastes  have  been  removed using practices commonly
utilized  for  waste removal, and in which not more than 2.5 centimeters of
waste  remains.  (Slightly  different  tests  apply  to  containers holding
acutely hazardous wastes.)
    Since  containers are potentially a form of debris, there is a question
whether  either  empty  or nonempty containers are subject to the treatment
standards  for debris notwithstanding Sec. 261.7. EPA is indicating in this
rule  that  the  debris  treatment  standards  do  not  override  the empty
container  rule,  so  that  rule remains in effect. EPA is taking this step
largely  because  it  did  not  propose  the  issue  for  comment,  and any
fundamental  changes  to  the  empty  container  rule  merit  fuller public
participation  than  afforded  here. In addition, EPA has not fully studied
the  implications  of  making  changes  in  the  empty  container  rule  to
accommodate regulations under the land disposal prohibitions program.

    Today's  final  rule  thus  indicates  that intact containers are never
considered  to  be  debris,  and  thus  would never be subject to treatment
standards  for  debris.  Intact containers are either empty or nonempty. If
empty  they are not subject to regulation, as provided by Sec. 261.7(a)(1).
If  nonempty,  the  hazardous  waste within the container is subject to the
land disposal prohibitions (as well as the rest of subtitle C regulations).
EPA also does not consider intact tanks to be debris, so that any hazardous
wastes  in  tanks  would  be subject to the standards for those wastes, not
(potentially) to treatment standards for debris.

    It  should  be  noted, however, that EPA is reading the empty container
rule  in  Sec.  261.7 to apply to intact containers. The Agency is doing so
because  the  rule  was  clearly  intended  for  devices  that  function as
containers,  not  for  crumpled drums that are not easily emptied by normal
means. See Sec. 261.7(b)(1)(i). Nonfunctional containers are more naturally
classifiable  as  debris  and  the  treatment  standards  adopted today are
appropriate for such damaged containers being disposed.

    By  ''intact  container'',  the Agency means a container that can still
function  as  a  container.  The  Agency  believes that a container that is
unbroken  and  still  retains at least 75% of its original holding capacity
(i.e.,  has  not  been  crushed  more than 25%) is still intact. The Agency
selected  the 75% criterion because: (1) It is within a reasonable range of
50%  to  90%; (2) selecting an original volume criterion on the high end of
the   range  (e.g.,  90%)  would  result  in  containers  containing  large
quantities  of  waste  being  considered  debris even though the containers
could  be  readily  separated  from  debris;  and (3) selecting an original
volume  criterion on the low end of the range (e.g., 50%) would subject the
waste  in  containers  that  have  been  severely  crushed to the treatment
standards  for  the waste. This would require removal of the waste from the
container  for  treatment  which  may be impracticable for severely crushed
containers.
    Finally, it should be noted that by observing the empty container rule,
EPA  is  creating  a  limited  exception  to  the  nonsegregation principle
discussed  above. In situations where intact containers are mixed with true
debris  (i.e.,  materials  classified  as  debris  under today's rule), the
intact containers thus would have to be removed and managed separately.

    The  following example indicates how these principles would apply. At a
remediation  site,  ruptured  drums  are  discovered  still containing some
prohibited  hazardous waste. Mixed in with these drums are other drums some
of  which  are  not significantly damaged or crumpled and all still contain
prohibited hazardous wastes. All of these drums are going to be disposed of
off site.

    Under  today's  rule, the ruptured drums are debris (broken or ruptured
containers  are  always  debris  if contaminated with prohibited waste) and
cannot  be  land  disposed  until  they  are  treated  by one of the debris
treatment  methods.  If  hazardous  waste  is  removed from the drum during
treatment,  the  waste,  like  all  treatment  residues,  is subject to the
treatment   standards  for  the  prohibited  waste.  With  respect  to  the
unruptured  drums,  those that are intact (i.e., those that retain at least
75% of their original volume) are nonempty containers under Sec. 261.7. The
waste  in  these  drums  is  subject  to  the  treatment  standards for the
prohibited  waste.  Those that are not intact (i.e., those that retain less
than 75% of their original volume) are debris.

2. Definition of Hazardous Debris

    a.Which   Debris   is   Hazardous,   and   of  this  Debris,  Which  is
Prohibited?This  rule  applies only to debris that is subject to subtitle C
regulation  when  it  is generated. As EPA proposed, this means: (1) Debris
that  contains listed hazardous wastes (either on the debris surface, or in
its  interstices,  such  as  pore structure); or (2) debris that exhibits a
characteristic  of  hazardous.  See  57 FR 983. To be prohibited, and hence
subject  to the treatment standards adopted today, the debris would have to
be  contaminated  with listed wastes that are also prohibited, or exhibit a
prohibited  characteristic.  Thus,  only debris that is contaminated with a
listed waste for which EPA has established a treatment standard, and debris
exhibiting the characteristics of ignitability, corrosivity, reactivity, or
EP  toxicity  (plus exhibiting the TC characteristic, since the debris must
still  be a hazardous waste) are subject to the treatment standards adopted
today.  (Most  of these debris wastes, of course, are already prohibited by
virtue  of  previous rulemakings; only debris contaminated exclusively with
the newly listed wastes for which EPA is adopting treatment standards today
would be newly prohibited under today's rule.)
    b.Codification  of  Contained  in Principle for Debris. In adopting the
definition that debris containing listed hazardous waste is regulated under
subtitle  C,  EPA  is  codifying  the ''contained in'' principle, which has
heretofore  served  as  an  interpretive  gloss on the existing mixture and
derived  from  rules.  See  57  FR 983,CMA v.EPA, 869 F. 2d 1526 (D.C. Cir.
1989).  As  explained at proposal,id. at 986, the contained in concept will
apply to both media and nonmedia debris (an approach with unanimous support
in the public comments).

    Furthermore,  EPA is also codifying the corollary part of the contained
in  principle:  That  debris  which no longer ''contains'' listed hazardous
waste  {pg  37226}  would  no  longer  be subject to subtitle C regulation,
provided  that it does not exhibit any hazardous waste characteristic. This
involves  a  case-by-case  determination  by  EPA,  made upon request, that
debris  does not contain hazardous waste at significant levels, taking into
consideration  such  factors  as  site  hydrogeology and potential exposure
pathways,  but  excluding  management  practices. fn 21 Debris found not to
contain   hazardous   waste   (and   not   exhibiting   a  hazardous  waste
characteristic)  would not be subject to further subtitle C regulation, and
so  could  be  land  disposed without further treatment. In addition, these
levels  could be achieved by any form of treatment other than impermissible
dilution, and thus need not result from application of the debris treatment
methods adopted today. Id. at 983-84.

fn 21 We note that consideration of management practices for exclusion from
subtitle  C  is  being  evaluated  through  the  proposed  Hazardous  Waste
Identification Rule discussed below in the text.

3. Relation of Today's Rule to the Hazardous Waste Identification Rule

    On May 20, 1992, EPA proposed comprehensive revisions to the regulatory
definition  of  hazardous  waste, asking for comment on a series of options
for  redefining  what  a  hazardous  waste is. See 57 FR 21450. These rules
could  affect  which  debris  is  considered  to  be  hazardous  when it is
generated  (both  through  modifications to the hazardous waste definitions
and the contained in principle), and so could affect both the definition of
hazardous  debris  used  in  this rule, and possibly the extent such debris
must  be  treated  by prescribed methods of treatment. EPA has attempted to
note  in  each of the sections below the potential overlap of this proposed
rule on the rules adopted today.

    Although   the   Hazardous   Waste   Identification  Rule  (HWIR)  when
promulgated  will  affect  the  definition  of  hazardous debris subject to
today's  treatment  standards,  the  Agency believes that it is nonetheless
appropriate  to  make  the  treatment  standards effective immediately upon
promulgation.  The  Agency does not believe that today's rule will place an
unreasonable burden on generators of hazardous debris that may subsequently
be determined by HWIR not to be hazardous because the Agency has provided a
national,  case-by-case  capacity variance for hazardous debris that defers
the  effective  date  of  today's treatment standards until May 8, 1993. By
that  time, the Agency believes that the final HWIR will be promulgated and
the treatment of debris that HWIR determines is no longer hazardous will be
precluded.

C. Treatment Standards for Hazardous Debris

1. Overview

    In this section, we discuss: (1) The treatment technologies proposed as
BDAT;  (2)  the contaminants subject to treatment; (3) the debris treatment
standards;  (4)  alternative  LDR  standard; (5) performance standards that
must  be  met  to  ensure  effective  treatment and to comply with the BDAT
standards;  (6) contaminant restrictions for certain treatment methods; (7)
use  of  treatment  trains  for multiple contaminants and debris types; (8)
treatment  of  characteristic  debris;  (9)  standards  for  debris that is
inherently  toxic  (i.e.,  it  fails  the TC and EP for metal contamination
because it is fabricated from a toxic metal); (10) relationship of TSCA PCB
rules  to  today's rule; (11) relationship of existing agency standards for
asbestos to today's rule; (12) special requirements for radioactive debris;
and (13) implementation of treatment standards.

2. BDAT Debris Treatment Technologies

    a.Identification of BDAT Treatment Technologies.The Agency considered a
treatment  technology  to  be ''available'' if the technology itself or the
services  of  the  technology  are able to be purchased, and the technology
substantially   diminishes  the  toxicity  of  the  waste  or  reduces  the
likelihood   of  migration  of  the  waste's  hazardous  constituents.  The
technologies  that the Agency has identified as best demonstrated available
technologies  (BDAT)  have been used to treat hazardous debris at Superfund
sites,  to  remove  radioactive  metals  from  debris, to treat debris-like
material  contaminated  with  compounds  similar  to  one  or  more  of the
compounds  in  the  debris  contaminant categories or, based on engineering
judgment, are applicable to debris.

    The  Agency considered a technology to be demonstrated for a particular
waste  if the technology currently is in commercial operation for treatment
of  the  waste or constituent of interest or similar wastes or constituents
of  interest,  including  wastes not regulated under RCRA, such as PCBs and
radioactive  waste.  The Agency identified demonstrated technologies either
through  a  review  of  the  literature  in  which  current waste treatment
practices  were  discussed,  or  through  information  provided by specific
facilities  currently  treating  the  waste  or  similar  wastes.  EPA also
considered as demonstrated technologies those used to separate or otherwise
process  chemicals  and  other  materials which are similar to the waste or
constituent of interest.

    The  Agency  also  reviewed the properties of debris which may directly
affect  the  efficiency  of  treatment technologies. Debris characteristics
which may affect the performance or effectiveness of treatment technologies
to clean various types of debris include:

     Destructibility;

     Hardness and brittleness;

     Moisture content;

     Permeability;
     Size, homogeneity, and location (in situ versus ex situ);

     Surface texture; and

     Total organic carbon (TOC).

    Under  today's  rule,  the  Agency  has  identified  the  following  17
treatment technologies as BDAT for hazardous debris:

     Extraction Technologies:

-Physical Extraction
-Abrasive blasting
- Scarification, grinding, and planing
-Spalling
-Vibratory finishing
-High pressure steam and water sprays

-Chemical Extraction
-Water washing and spraying
-Liquid phase solvent extraction
-Vapor phase solvent extraction
-Thermal Extraction
- High temperature metals recovery
-Thermal desorption

     Destruction Technologies

-Biodegradation

-Chemical oxidation

-Chemical reduction

-Thermal destruction

     Immobilization Technologies

- Macroencapsulation

-Microencapsulation

-Sealing
    Summary  descriptions of these technologies are presented in Appendix I
of today's preamble and treatment performance standards for each technology
are  prescribed  in  Table I, Sec. 268.45. Further, detailed information on
the  various  treatment  technologies  is presented in the Hazardous Debris
Final Rule Technical Support Document.

    b.Changes in Identification of BDAT Technologies From Proposal.Based on
public  comment  and  the  Agency's  further  evaluation,  the  Agency  has
determined   that   two   debris   treatment   technologies   proposed   as
BDAT-electropolishing  and  ultraviolet  radiation-are  not  BDAT,  and  an
additional   technology   not   proposed  as  BDAT-high  temperature  metal
recovery-is,  in  fact, BDAT for {pg 37227} hazardous debris. The basis for
these determinations is discussed below.

    (1)  Electropolishing  Is  Not  BDAT.  The  Agency  has determined that
electropolishing  is not BDAT for hazardous debris because of concerns that
the  technology  is  intended  primarily  for  smoothing clean metal parts.
Painted  or  contaminated  metal  parts might not be effectively treated by
this  method.  A  contaminating  organic  waste or paint could electrically
insulate  the  surface  from  the  solution  and prevent surface removal of
contaminants.
    (2)  Ultraviolet  Radiation Is Not BDAT. The Agency deleted ultraviolet
radiation treatment from the list of BDAT technologies for hazardous debris
because  of  difficulties  of  specifying  performance standards that would
ensure  effective  treatment  in  all  cases.  This technology is primarily
intended  for  liquid  waste  treatment  where  the  fluid  is  passed by a
ultraviolet radiation source in a thin stream. This approach is designed to
ensure  that  the  ultraviolet light reaches all of the toxic molecules and
detoxifies  them. If the technology were to be applied to hazardous debris,
it  would  be  virtually  impossible  to  ensure  that  all toxic molecules
contaminating  the  debris  were adequately radiated. Sludge and soil caked
onto debris would preclude radiation of both inner layers of caked material
and the debris surface. Further, even for debris that is relatively free of
caked-on  materials,  the  debris would have to be systematically turned to
expose  all  contaminated surfaces to the radiation. The use of sunlight to
provide  the  ultraviolet  radiation  as  proposed  as an alternative to an
artificial  source  poses  even  greater  problems  of ensuring exposure to
ultraviolet  radiation at levels that would ensure effective treatment. The
Agency's  effort  to  provide  for  innovative debris treatment at proposal
simply went too far.

    (3)  High Temperature Metal Recovery Is BDAT. The Agency has added high
temperature  metal  recovery  (HTMR)  to  the  list  of  acceptable  debris
treatment  technologies.  It  is  a  very effective method for treatment of
recoverable   metal  values  in  both  metal  debris  and  debris  that  is
contaminated with metal-bearing hazardous waste. The Agency did not include
HTMR  as  BDAT  at proposal simply because of oversight. Several commenters
suggested that we include this method, and the Agency agrees.

    We   note   that   HTMR   can  also  effectively  treat  toxic  organic
contaminants.  If the debris contains more than a total of 500 ppm of toxic
organic  compounds  listed in appendix VIII, part 261, the HTMR facility is
subject  to the Boiler and Industrial Furnace (BIF) Rule. See Sec. 266.100.
The  HTMR  would be subject to the same controls on organic emissions fn 22
as  other  BIFs  burning  hazardous  waste. When the total concentration of
toxic  organic  compounds  in  the  waste  is less than 500 ppm, the Agency
believes  that  any  emissions  of  organic compounds attributable to those
organic  compounds  will  not  pose  a  hazard  to  human  health  and  the
environment.

fn  22  Emissions of metals, HCl, Cl sub 2, and particulate matter are also
controlled by the BIF rule.

3. Contaminants Subject to Treatment
    Today's  rule  requires  hazardous  debris  to be treated by one of the
specified  technologies fn 23 for each ''contaminant subject to treatment''
defined as: (1) the BDAT constituents identified in Secs. 268.41 and 268.43
for  the  listed  waste  contaminating  the  debris  that  are  present  at
detectable levels; fn 24 (2) the constituents for which the debris exhibits
Extraction  Procedure  toxicity;  and  (3)  cyanide  or  sulfide  if debris
exhibits reactivity due to the presence of those constituents. As discussed
in  section  V.C.5  below, although debris may contain several contaminants
subject  to  treatment,  the  treatment  standards generally do not require
treatment  by  multiple  technologies  (i.e.,  a  treatment train). This is
because  many of the specified technologies effectively treat various types
of  contaminants  (e.g.,  metals, aromatic and aliphatic organic compounds,
halogenated and nonhalogenated organic compounds).

fn  23  Unless  EPA  determines  the  hazardous  debris  no longer contains
hazardous waste (see discussion in section V.B.2 of the text) or unless the
generator  elects to comply with the waste-specific treatment standards for
the  waste contaminating the debris (see discussion in section V.C.4 of the
text).

fn 24 We note that the generator may presume that the BDAT constituents for
the  listed  waste  are present at detectable levels and is not required to
sample  and analyze the debris to make that determination. If, however, the
generator  elects to sample and analyze the debris, the Agency acknowledges
that  this  may  be  a  difficult  task for many types of debris and debris
mixtures.  In  this  situation,  the  generator  must  use best engineering
judgement to obtain samples that are as representative as practicable.

    In  the  proposed  rule,  the  Agency  proposed a broader definition of
''contaminants subject to treatment'' that would have included constituents
on  appendix  VIII,  part 261, that the generator could reasonably know may
contaminate  the debris at detectable levels. Further, the Agency requested
comment  on  whether  the rule should require that debris that is hazardous
solely  because it exhibits a characteristic (i.e., toxicity, ignitability,
or  reactivity) be treated for all constituents on appendix VIII, part 261,
that  the  generator  could  reasonably  know may contaminate the debris at
detectable  levels.  The  Agency  addressed  these  provisions  at proposal
because  of  concern  that  all  toxic  constituents present be effectively
treated   given  that  debris  treated  by  an  extraction  or  destruction
technology  and  that  does  not  exhibit a characteristic is excluded from
subtitle C regulation.

    We have determined, however, that neither of these provisions is likely
to  be  necessary  to  ensure effective treatment of hazardous debris for a
number of reasons. Thus, these provisions are not included in today's rule.
First,  we  believe  that  enough contaminants subject to treatment will be
identified  for  most  debris  to ensure effective treatment of other toxic
contaminants  that  may  be present. Given that most debris is generated by
remediation,  the  debris is often associated with a variety of wastes that
will  result  in  a  number  of  contaminants being designated contaminants
subject  to  treatment-either because listed wastes or known to be present,
or  more  likely,  because  the  debris  fails the EP fn 25 for one or more
constituents.  For  example, it is highly unlikely that debris will exhibit
only ignitability or reactivity and not fail the TC or be contaminated with
a  listed waste (and thus, require only deactivation of the ignitability or
reactivity   characteristic   under   today's  rule)  if,  in  fact,  toxic
constituents  are  present  at  significant  levels. Given that most of the
debris  treatment technologies specified in today's rule are not restricted
to  specific  contaminants  other  than metal vs. nonmetal contaminants and
that  many  technologies  (e.g.,  surface  removal,  incineration)  have no
contaminant  restrictions  (see  section V.C.5 below), the designation of a
few  contaminants  subject  to  treatment  should  be  sufficient to ensure
effective treatment of other toxic contaminants that may be present.

fn  25 We note that the Agency is considering proposing treatment standards
for  TC  wastes  and  debris  contaminated  with TC wastes. If that rule is
promulgated,  debris  will be identified as hazardous debris if it exhibits
the  TC  for  an additional 26 organic compounds many of which are commonly
found at remediation sites. Thus, over time, additional debris contaminants
will become designated contaminants subject to treatment.

    Further,  commenters  argued,  and  the Agency agrees, that it would be
difficult to implement and enforce a rule that required generators to treat
toxic  constituents that they have reason to know are present at detectable
levels.  First,  whether  the generator, in fact, could have reason to know
that  a  toxic  constituent  is present is highly {pg 37228} subjective and
difficult  to  enforce.  Second,  the  Agency upon additional consideration
believes  that,  if treatment of such additional toxic constituents were to
be  required,  treatment  should  only  be  required  if the constituent is
present  at significant levels, not merely at detection levels. This raises
the issue of what is a significant level. Possible criteria include a level
of  potential  health  significance  or the F039 treatment levels. (We note
that  the  Agency,  in  fact,  requested comment on using these criteria to
determine  when  these other (i.e., other than BDAT constituents for listed
waste  contaminating  the  debris and the constituents for which the debris
fails  the EP) toxic constituents known to be present would be contaminants
subject  to treatment. See 57 FR 984, n. 11.) Not only is the Agency unsure
which  approach  would  be more appropriate, but under either approach-i.e,
health-based  levels or F039 levels-sampling and analysis would be required
if  the generator did not want to presume that a toxic constituent known to
be  present  was  present  at  the  trigger level. Since it is particularly
difficult to take representative samples of untreated debris, EPA considers
this approach to be inadvisable.

4.  Debris  May  Be  Treated to the Existing Waste-Specific LDRs in Lieu of
Today's Debris Treatment Standards

    Today's  rule  gives generators the option of treating hazardous debris
to   the   existing   waste-specific  treatment  standards  for  the  waste
contaminating  the debris. The treated debris, however, must continue to be
managed  under subtitle C. If land disposed, the debris must be disposed in
a subtitle C landfill. However, such debris would be excluded from subtitle
C regulation if the Agency determined that it no longer contained hazardous
waste  (see discussion above in section V.B.2) or if the treater determined
that  the  debris no longer contained hazardous constituents at levels that
may  be  established under a final Hazardous Waste Identification Rule (see
discussion above in section V.B.3).

    The  Agency  is  providing  this  option  in  today's rule based on the
request  of  numerous commenters. For example, one commenter routinely adds
the  tyvek  suits and rubber gloves worn by facility operators to the waste
stream  leaving  his factory, and wishes to continue doing so. The proposed
rule  would  have required the tyvek suits and rubber gloves (as debris) to
be  separated from the waste for treatment by the specified technology. The
commenter preferred to treat the waste/debris mixture to the waste-specific
standards  and  the  Agency  believes  that this practice is appropriate to
provide  an  additional means of treating debris that substantially reduces
toxicant mobility or concentration.

    The  Agency  developed special treatment standards for hazardous debris
because  of concern that, in most cases, the waste-specific standards would
not   be   practicable   for  debris  given  the  difficulty  in  obtaining
representative  samples  of  treated debris to document compliance with the
concentration-based  waste-specific  standards.  The  Agency  acknowledges,
however,  that  some  types  of  debris  may  be amenable to representative
sampling  and therefore compliance with the waste-specific standards may be
workable. fn 26

fn  26  We  note  that  commenters  may  have  requested this option out of
frustration that the proposed rule did not effectively address the issue of
debris mixtures. The proposed rule appeared to require either separation of
debris types prior to treatment or the extensive use of treatment trains to
treat  different  debris  types.  This problem has been remedied in today's
final  rule  by  acknowledging the ability of the treatment technologies to
treat  a  greater  variety of debris types than proposed. See discussion in
section V.C.5 of the text.

    Debris that is treated to the waste-specific treatment standards rather
than  today's  debris  treatment  standards  remains  subject to subtitle C
regulation  because toxic constituents may continue to be present at levels
that  could pose a hazard to human health and the environment. EPA believes
that  this  position  is  appropriate  for  two reasons. First, there is no
reason  to  exclude  from subtitle C regulation hazardous debris treated to
the  waste-specific  standards  when  the waste itself is not excluded when
treated  to those standards. Second, and moreover, the Agency believes that
today's  treatment  standards  will  treat  debris  to  levels resulting in
minimum  threat  to human health and the environment. See discussion below.
Although  meeting  the waste-specific standards may result in some cases in
levels  of  toxic  constituents  in  the  treated debris that do not pose a
hazard  to human health and the environment, the Agency is not certain that
this will be the case in all situations (and in any case, the issue is more
appropriate  for  resolution  in  the context of the May 20, 1992, proposed
rule, 57 FR 21450).
5. Treatment Standards

    In  this  section, we provide the rationale for the treatment standards
for  each technology and explain how the standards work, and we explain how
the final treatment standards differ from those proposed.

    a.Overview.  Today's  rule  establishes  performance  and/or design and
operating  requirements  for  17 treatment technologies that the Agency has
designated  as  BDAT  for  hazardous  debris.  See  Table I of Sec. 268.45.
Although  any  technology  may  be  used to treat any debris, the treatment
standards  vary  for  many  technologies  according  to  the type of debris
treated. fn 27 In addition, the rule prohibits the use of some technologies
to  treat  specific  types  of  contaminants.  For  example,  the  physical
extraction  technologies (e.g., abrasive blasting) have no contaminant type
restrictions,  while  thermal  desorption  may  not be used to treat metals
other  than  mercury.  Generators  (and  owners  and operators of treatment
facilities)  may select any treatment technology that is not restricted for
the contaminant subject to treatment.

fn  27  In  addition,  although  the  rule  does  not prohibit treatment of
specific  debris  types  by a technology, the treatment standards cannot be
met as a practical matter for certain debris/technology combinations (e.g.,
high  pressure  steam  and water sprays cannot remove 0.6 cm of the surface
layer  of brick, concrete, etc). In other situations, the definition of the
technology as a practical matter precludes the use of some technologies for
some  debris  types  (e.g.,  the  definition of spalling cannot be met when
applied to treat cloth).

    The  Agency  has  attempted  to  establish  performance  or  design and
operating   requirements   for  each  of  the  extraction  and  destruction
technologies that will optimize treatment effectiveness such that hazardous
contaminants  would  not  be  present at residual levels in the debris that
could  pose a hazard to human health and the environment. Thus, the treated
debris  could  be  excluded  from subtitle C regulation. Unfortunately, the
Agency  was  not  able  to  develop  objective  performance  or  design and
operating  standards  for  all extraction and destruction technologies that
would  ensure treatment to minimum threat levels (e.g., thermal desorption,
biodegradation,  and chemical destruction; see discussion below). For these
technologies,  the  Agency  is  concerned that residual levels of hazardous
contaminants may remain in the debris at levels that could pose a hazard to
human  health  and the environment. Consequently, today's rule requires for
these  technologies  that  the owner or operator of the treatment unit must
make  an  ''Equivalency  Demonstration''  to the Agency under existing Sec.
268.42(b) that documents that the technology treats contaminants subject to
treatment  to  a  level  equivalent to that required by the performance and
design  and  operating  standards  for the other technologies in {pg 37229}
Table  1,  Sec. 268.45, such that residual levels of hazardous contaminants
will  not pose a hazard to human health and the environment absent subtitle
C control.

    Today's treatment standards establish performance standards rather than
design  and  operating  standards where supporting data were available. The
Agency  believes  that  performance  standards will better ensure effective
treatment  given  the  variability  in  contaminant  and  debris  types and
properties  that  affect  treatability. Further, performance standards give
the  owner and operator of the treatment unit the flexibility to tailor the
design  and  operation  of  the  unit to the specific debris/contaminant(s)
being  treated.  An  example  of a performance standard is the standard for
physical  extraction technologies (e.g., abrasive blasting) used to treat a
metal object where the standard requires decontamination to a ''clean metal
finish'' as defined in the regulation. An example of a design and operating
standard  is  the standard for thermal desorption that limits the thickness
of porous debris to 10 cm (4 inches).

    EPA recommends that the generator or owner or operator of the treatment
facility  consider  the  thermal,  chemical, and physical properties of the
debris  and  the  contaminants  on  the debris before selecting a treatment
technology   to  ensure  that  the  performance  or  design  and  operating
requirements  can  by achieved. The Agency plans to develop a nonregulatory
implementation  assistance  document to provide assistance on how to select
the   most   appropriate   technologies   for  a  given  debris/contaminant
combination.

    Although hazardous debris treatment operations are generally subject to
regulation  under  the  interim status or permit standards of parts 270 and
264,  265, or 266, fn 28 today's hazardous debris performance or design and
operating  standards  are  neither interim status nor permit standards. The
hazardous  debris  treatment  standards  are  adopted  pursuant  to section
3004(m)  of RCRA to ensure that debris is treated to minimize the hazardous
constituents'  toxicity  or  mobility  during  future management, while the
interim  status  and  permit standards are designed to protect human health
and  the  environment  from  the  operation  of  the storage, treatment, or
disposal  facility  itself.  It  is  for this reason that today's treatment
standards  do  not  address control of emissions that can occur from debris
treatment;  the  Agency  is  relying  on  the applicable interim status and
permit  standards  to  control treatment emissions. See discussion below in
section V.F.
fn 28 Unless treatment occurs in an on-site container, tank, or containment
building, the hazardous debris is treated within 90 days of generation, and
the unit complies with the appropriate standards of part 265, or unless the
treatment  occurs  within  the  Area  of  Containment  (AOC) at a Superfund
remediation  site  and  the  generator  complying  with  today's  treatment
standards  in order to remove the treated debris from the AOC and manage it
as  debris  excluded from subtitle C. See discussion in section V.F. of the
text.

    The   Agency  has  grouped  the  various  treatment  technologies  into
categories  of  like treatment type. Each category is based on the same (or
similar) performance or design and operating standards. See Table 1 of Sec.
268.45. We discuss below for each group of treatment technologies the basis
for  the  standards  and  how  the  standards  will  work.  Note  that  the
performance  or  design  and operating standards must be met for all debris
surfaces  that  are  contaminated  with hazardous waste. Thus, if a pipe or
pump  was used to manage hazardous waste, the performance standards must be
met  for  the  inside  surfaces of the pipe or pump. Decontamination of the
outer  surfaces  only  does  not  constitute  compliance  with  the  debris
treatment standards.

    b.Extraction  Technologies.  The  Agency  has classified the extraction
technologies  as  physical  extraction,  chemical  extraction,  and thermal
extraction.

    (1)   Physical   Extraction   Technologies.   The  physical  extraction
technologies  are: abrasive blasting; scarification, grinding, and planing;
spalling;  vibratory  finishing;  and high pressure steam and water sprays.
For these technologies, the rule establishes performance standards based on
removal of the contaminated layer of the debris. Any contaminant subject to
treatment  may  be  treated  by  these  technologies,  fn  29  because  the
contaminants  are  removed  as  residue  fn  30  subject  to  the treatment
standards for the waste contaminating the debris.

fn  29  As discussed below in the text, today's rule establishes additional
requirements  for  certain  technologies  in  order  to exclude the treated
debris  from  subtitle C when the debris is contaminated with waste that is
listed  for  dioxins  (EPA  Hazardous Waste Numbers F020, F021, F022, F023,
F026,  or  F027). The Agency did establish such additional requirements for
treatment  of  debris contaminated with dioxin-listed waste when treated by
the  physical extraction technologies, however, because the Agency believes
that  it  is  highly unlikely that compliance with the rigorous performance
standards for these physical extraction technologies will allow significant
residual  levels  of  contaminants such that even highly toxic contaminants
could  pose  a hazard to human health and the environment absent subtitle C
control.

fn  30  Except  that  for  spalling,  the  spalled  material  is considered
untreated  debris,  not  residue, and must be treated before land disposal.
See additional discussion in the text.

    In  addition,  any  debris  type  (e.g.,  metal, concrete, wood, paper,
cloth)  may  be treated by these technologies. The Agency reasoned that any
debris  type  would  be  effectively treated provided that the contaminated
layer  of the debris is removed. We note that, although the rule allows the
use  of  physical  extraction  technologies  on any debris type, it will be
impracticable  to  use  these  technologies  on  some  debris types and the
performance   standards   cannot   be   met   for   some  technology/debris
combinations.  For  example,  it  is impracticable to spall paper or cloth.
However,  we  realize that debris often is comprised of a mixture of debris
types,  and  physical  extraction may be the most reasonable technology for
the  predominate  debris  type while other types of debris present would be
removed  as residue. An example is large chunks of concrete that have paper
labels  adhered to them. Spalling or another physical extraction technology
may be practicable for the concrete and the paper labels will be removed as
residue.  An  example of where the performance standard cannot be met for a
technology/debris  combination  is high pressure steam and water spray used
to  treat brick or concrete. As discussed below, because these debris types
are  porous and toxic contaminants may be adsorbed below the surface of the
debris, the performance standard requires removal of at least the outer 0.6
centimeter  surface  layer.  This  technology  cannot meet that performance
standard for those types of debris. Rather than explicitly prohibiting such
practices,  however,  such  practices  will  be  precluded  because  of the
inability to comply with the standards.

    To  ensure  that  the  contaminated  layer  of debris is removed and to
account  for the physical properties of different types of debris, the rule
establishes different performance standards for different types of debris.

    (a)  Metal  Objects.  Metal  objects  must be treated to remove foreign
matter  adhering  to  the  metal to produce a ''clean debris surface''. The
rule  defines  a  ''clean  debris  surface'' as a surface that, when viewed
without  magnification,  shall be free of all visible contaminated soil and
hazardous  waste,  except  that  residual staining caused by soil and waste
consisting  of  light shadows, slight streaks, or minor discolorations, and
soil  and  waste in cracks, crevices, and pits may be present provided that
such  staining  and soil and waste in cracks, crevices, and {pg 37230} pits
shall be limited to no more than 5% of each square inch of surface area.
    The  rule  allows  minor residual staining caused by soil and waste and
soil  and waste to remain in cracks, crevices, and pits of up to 5% of each
square  inch  of  surface  area  fn  31  because of the impracticability of
cleaning  metal  debris to a ''white metal finish'' as proposed. The Agency
selected  the 5% surface area criterion because: (1) it is within the range
of  reasonable  levels-1%  to  10%-that could have been selected; (2) it is
generally   equivalent   to   the   Steel   Structures  Painting  Council's
specification for ''Near-White Blast Cleaning'' for cleaning steel surfaces
by  the  use  of  abrasives;  fn  32  and  (3)  it  should  not allow toxic
contaminants  to  remain at levels that could pose a hazard to human health
and  the  environment  absent  subtitle  C  regulation,  and  should remove
contaminants so that threats posed by disposal of the debris are minimized.

fn  31  Note  that  the 5% surface area criterion is applied to each square
inch of the debris surface that has been contaminated with hazardous waste.
The area covered by large stains cannot be averaged against large unstained
areas.  Only  5%  of the area within any square inch can contain a residual
stain.

fn  32 See the May 18, 1992, memorandum from Peter Shields, Radian, to Mark
Mercer,  EPA,  entitled  '' Industry  Standards  for  Cleanliness  of Metal
Surfaces''.
    (b)  Brick,  Cloth,  Concrete,  Paper,  Rock,  Pavement,  and Wood. The
performance  standard for these types of debris requires: (1) Removal of at
least  0.6 centimeters of the surface layer; and (2) treatment to a ''clean
debris  surface.''  Removal  of  0.6  centimeters  of  the surface layer is
required  for  these  types  of debris because they may be porous and toxic
contaminants  may  by  absorbed  within  the debris. (The Agency recognizes
that,  as  a  practical  matter,  the  0.6  cm  surface removal requirement
precludes  the  use  of  this technology for most porous debris.) To ensure
removal  of  contaminants  that  may  be  absorbed  to  depths  beyond  0.6
centimeters, the rule requires removal of virtually all staining that could
be  indicative of the presence of toxic contaminants. The rule allows minor
residual  staining and foreign matter in cracks and crevices on up to 5% of
the  surface  area (on a square inch basis) as a reasonable and practicable
method  to  help  ensure  that  the standards do not require treatment to a
level beyond that necessary to ensure that the treated debris does not pose
a  hazard to human health and the environment absent subtitle C regulation.
We  note  that staining that is not indicative of the potential presence of
hazardous  waste  or  contaminated  soil  (e.g.,  rust  stains  on concrete
adjacent  to  steel  reinforcing  bars)  need  not  be  removed  and is not
considered in determining compliance with the maximum 5% surface area limit
on  residual staining. The basis for the 5% surface area limit (on a square
inch  basis) on residual staining and foreign matter in cracks and crevices
is  the same as the basis discussed above for the definition of clean metal
finish.

    (c)   Glass,  Rubber,  Plastic.  The  physical  extraction  performance
standards  for  these  types of debris are the same as for brick, concrete,
etc.,  except that removal of at least 0.6 centimeters of the surface layer
is not required. Removal of the surface layer for glass, rubber, or plastic
is not required because glass is nonporous and will not absorb contaminants
below  the  surface,  and  rubber  and plastic, although permeable, are not
likely to leach absorbed contaminants at substantial rates.

    (2)  Chemical  Extraction.  The  technologies  classified  as  chemical
extraction are water washing and spraying; liquid phase solvent extraction;
and  vapor  phase  solvent  extraction. The performance standards for these
technologies are based on dissolution of the contaminants into the cleaning
solution. Removal of the outer debris layer is not intended.

    (a)  Water  Washing  and  Spraying.  Water  sprays  or water baths will
effectively  treat  debris when sufficient temperature, pressure, residence
time,  agitation,  surfactants, acids, bases, and/or detergents are used to
meet the performance standards in accord with the contaminant restrictions.
The  rule  requires  that  the  debris  must be treated to a ''clean debris
surface'' (see discussion above) to ensure effective treatment to levels of
hazardous contaminants that are not likely to pose a hazard to human health
and the environment absent subtitle C control.

    For  porous  debris-brick,  cloth, concrete, paper, pavement, rock, and
wood-the  rule  provides  two  other requirements. The thickness (i.e., one
dimension)  of  each  piece  of  porous  debris may not be more than 1.2 cm
(i.e.,  1/2  inch),  and the contaminants must be soluble to at least 5% by
weight  in  the  water  solution  or  5%  by  weight  in  the  emulsion, as
applicable.  The  Agency  is  applying these standards for porous debris to
ensure  effective  extraction  of  toxic  contaminants that may be absorbed
below the surface layer of the debris.

    If  reducing  the  thickness  of debris to 1.2 cm to meet the treatment
standards results in debris that no longer meets the 60 mm minimum particle
size  limit  for  debris,  such  material  is subject to the waste-specific
treatment  standards  for  the waste contaminating the material, unless the
debris  has been cleaned and separated from contaminated soil and hazardous
waste  before size reduction. This is consistent with the Agency's position
that  material  with  a  particle  size  less  than  60  mm  is amenable to
conventional  treatment for process waste and small particle-sized material
(i.e.,  as  opposed  to large debris objects) and that such material can be
reasonably   sampled   for   analysis   to  document  compliance  with  the
concentration-based  treatment  standards  for  the waste contaminating the
material.

    If the debris has been cleaned and separated from contaminated soil and
hazardous  waste  before size reduction, the material remains classified as
debris subject to today's treatment standards even if it no longer has a 60
mm  particle  size.  The  Agency  believes  that cleaning and separation of
contaminated  soil  and  hazardous  waste  will  substantially  reduce  the
concentration  of  toxic  constituents  such that the debris should contain
minimum   threat  levels  subsequent  to  treatment  by  an  extraction  or
destruction  technology.  The  level  of  cleaning  and  separation that is
required  is  the same as required for separation of treatment residue from
treated  debris.  See  Note 9 to Table 1, Sec. 268.45. At a minimum, simple
physical  or  mechanical  methods must be used such as vibratory or trommel
screening  or  water  washing.  The debris surface need not be cleaned to a
''clean debris surface'' as defined in Table 1; rather, the surface must be
free of caked soil, waste, or other nondebris material. Nondebris materials
so  separated are subject to the waste-specific treatment standards for the
waste contaminating the material.

    Porous  debris (i.e., brick, cloth, concrete, paper, pavement, rock, or
wood)  that  is  contaminated  with a waste listed for dioxin-EPA Hazardous
Waste  Numbers  F020,  F021,  F022,  F023,  F026,  or  F027-is  subject  to
additional  controls. Because of the potential toxicity of the constituents
in  these  wastes,  the  Agency  believes  that  it  is  prudent to require
additional   controls   to   ensure   that  the  potentially  highly  toxic
constituents  in  these  wastes are extracted from below the debris surface
and  that  the  treated debris poses minimum threat to human health and the
environment  absent  subtitle C control. Accordingly, the rule requires the
treater  to  make  an ''Equivalency Demonstration'' to the Agency under {pg
37231}  existing  Sec.  268.42(b) that documents that the technology treats
contaminants  subject to treatment in these dioxin-listed wastes to a level
equivalent  to  that required for these contaminants by the performance and
design  and  operating  standards  for other technologies in 'Table 1, Sec.
268.45, such that residual levels of hazardous contaminants will not pose a
hazard to human health and the environment absent subtitle C control.

    (b)  Liquid  Phase  Solvent  Extraction. This technology decontaminates
debris  surfaces  by  applying a nonaqueous liquid or liquid solution which
causes the toxic contaminants to enter the liquid phase and be flushed away
from  the  debris along with the liquid or liquid solution using agitation,
temperature,   and  residence  time  sufficient  to  meet  the  performance
standards.  The treatment standards for this technology are the same as for
water washing and spraying because the technologies use the same principles
to extract toxic contaminants from debris.

    (c)  Vapor  Phase  Solvent  Extraction.  This technology decontaminates
debris  surfaces  by  applying  an  organic  vapor  which  causes the toxic
contaminants to enter the vapor phase using sufficient agitation, residence
time,  and  temperature  and to be flushed away with the organic vapor such
that  the  performance  standards are achieved. The treatment standards for
this technology are the same as for water washing and spraying, except that
porous  debris  surfaces must be in contact with the organic vapor for more
than  60  minutes. This treatment time is consistent with state-of- the-art
practices and is necessary to ensure effective extraction of contaminants.

    (3)  Thermal  Extraction. The Agency has classified two technologies as
thermal   extraction:   High   temperature   metals  recovery  and  thermal
desorption.

    (a)   High  Temperature  Metals  Recovery  (HTMR).  HTMR  furnaces  are
smelting,   melting,  or  refining  furnaces  (including  pyrometallurgical
devices   such  as  cupolas,  reverberator  furnaces,  sintering  machines,
roasters,  and foundry furnaces (see Sec. 260.10 definition of ''industrial
furnace''))  that  use  sufficient  heat,  residence  time, mixing, fluxing
agents,  and/or  carbon  to  extract  metals from debris. HTMR furnaces are
potentially  subject  to regulation under the Boiler and Industrial Furnace
(BIF) Rule (subpart H, part 266) when they burn hazardous debris. fn 33

fn  33  See Sec. 266.100(c) that states generally that a smelting, melting,
or  refining  furnace  that burns a hazardous waste with a heating value of
5,000  Btu/lb  or  more  or  that  contains  a total concentration of toxic
organic compounds exceeding 500 ppm by weight is subject to the BIF Rule.

    Today's  rule  requires  that, for nonslagging furnaces (e.g., refining
furnaces),  treatment  residuals  must  be  separated  from  the debris. In
addition,  such  separated  residue  must meet the waste-specific treatment
standards for organic compounds in the waste contaminating the debris prior
to  further treatment. Further, these residues must meet the waste-specific
treatment  standards  for  all BDAT constituents in the waste contaminating
the  debris prior to land disposal. Finally, if debris is contaminated with
a  dioxin-listed  waste,  HTMR  is  not  BDAT and the treated debris is not
excluded   from  subtitle  C  unless  the  treater  makes  an  ''Equivalent
Technology''   demonstration  to  the  Agency  under  Sec.  268.42(b)  that
documents that the technology treats contaminants subject to treatment to a
level  equivalent  to  that  required  by  the  performance  and design and
operating  standards  for  other technologies in Table 1, Sec. 268.45, such
that  residual  levels  of hazardous contaminants will not pose a hazard to
human health and the environment absent subtitle C control.

    Today's  rule  does  not  establish performance or design and operating
standards  for slagging HTMR furnaces (other than the requirements inherent
in  the  definition-a  melting  or  smelting  furnace  must melt metals and
extract  the  metals  from  debris) because a slagging furnace is likely to
provide  effective  treatment  for  all  contaminants,  except  perhaps for
chlorinated dioxins as discussed below, and for all debris types.

    For  nonslagging  (i.e.,  refining  furnaces  such  as  roasters)  HTMR
furnaces,   the   rule   ensures   treatment  of  both  metal  and  organic
contaminants.  First,  the definition of HTMR furnaces requires that metals
must  be  separated from the debris. Thus, not only will metals be removed,
but  temperatures  hot  enough  to  separate metals from debris should also
remove  organic contaminants from the debris (with perhaps the exception of
dioxins, as discussed below). Second, to help ensure that the HTMR unit has
effectively  removed  organic  contaminants in the debris the rule requires
that  the  residue  be  separated  from  the  treated  debris  and that the
separated  residue must meet the waste-specific treatment standards for the
BDAT  organic  contaminants  in the waste contaminating the debris prior to
further treatment.
    In  addition,  the Agency is concerned that potentially extremely toxic
contaminants  may  not be destroyed (or removed with the residue) to levels
that  would  not  pose  a hazard to human health and the environment absent
subtitle  C  control.  Consequently,  if  debris  is  contaminated  with  a
dioxin-listed  waste, HTMR is not BDAT for the debris and the debris is not
excluded  from  subtitle  C  after  treatment  unless  the  treater obtains
approval  from  the  Director  under an equivalent technology demonstration
provided  by  Sec. 268.42(b) for the design and operating conditions of the
HTMR  unit.  The  rule  provides  this  restriction for dioxin-listed waste
because  of  concern that if such contaminants remained undestroyed even at
low  concentrations in the residue and were not completely removed from the
treated debris, that the debris could pose a health or environmental hazard
absent subtitle C control.

    (b)  Thermal  Desorption.  Thermal desorption is heating in an enclosed
chamber  under  either  oxidizing or nonoxidizing atmospheres at sufficient
operating temperature and residence time such that the contaminants subject
to  treatment  are  vaporized  and  removed  from  the heating chamber in a
gaseous   exhaust  streams.  fn  34  The  rule  establishes  operating  and
performance  standards  and  contaminant  restrictions,  and  requires  the
treater  to  make  a  demonstration of ''Equivalent Technology'' under Sec.
268.42(b)  to  document  that the technology treats contaminants subject to
treatment  to  a  level  equivalent to that required by the performance and
design  and  operating  standards  for  other technologies in Table 1, Sec.
268.45, such that residual levels of hazardous contaminants will not pose a
hazard to human health and the environment absent subtitle C control.

fn 34 We note that a thermal desorber is regulated either as an incinerator
(if  the  device  is  direct-fired  or  if  the  off-gas  is  burned  in an
afterburner)  under subpart O of part 264 or 265, or as a thermal treatment
unit  under  subpart  X,  part  264  or subpart P, part 265. To distinguish
between  thermal  desorption  and  thermal  destruction (for which separate
debris  treatment  standards  are  provided) for purposes of complying with
this  rule,  the  primary  purpose  of  thermal desorption is to volatilize
contaminants  and  to remove them from the treatment chamber for subsequent
destruction  or treatment. We note that the treatment standards in Table 1,
Sec.   268.45   for   thermal  destruction  specifically  excludes  thermal
desorbers.

    The  Agency  attempted  to  develop  objective treatment standards that
would  obviate  the  need  for an equivalency demonstration (see discussion
above).  The  Agency  determined,  however,  that  it was very difficult to
establish  universal  operating  {pg  37232}  limits  for the key operating
parameters  that  affect  treatment efficiency-temperature, residence time,
size  of  porous  debris, bed depth, and volatility of the contaminant-that
would  strike a balance between ensuring treatment to minimum threat levels
and  establishing  requirements that could {pg 37233} grossly over-regulate
in many situations. Rather, the Agency believes that operating requirements
can  best  be determined on a case-by-case basis (i.e., under an equivalent
technology  demonstration  under Sec. 268.42(b)) considering the parameters
listed  above.  In  addition,  the  Agency  believes  that  the performance
standard  used  for  physical  and chemical extraction-treatment to a clean
debris  surface-is  not  practicable for thermal desorption because treated
debris surfaces will continue to have a dusting of residue after separation
of  the  debris  from  the  residue by simple, physical or mechanical means
(unless  water  washing  is  used).  See  discussion  below  regarding  the
requirement for separation of debris from residue.

    The  treatment standards for thermal desorption require, in addition to
the  case-by-case  Agency approval of design and operating conditions, that
hazardous contaminants be vaporized (by virtue of the definition of thermal
desorption), and restricts the use of the technology for metal contaminants
other  than  mercury (i.e., thermal desorption is not BDAT for metals other
than  mercury). In addition, to help ensure extraction of contaminants from
below  the  surface  of  porous  debris,  the  rule  establishes  a maximum
thickness  (in  one dimension) for porous debris of 10 cm (4 inches). fn 35
The  4  inch  maximum  thickness  limit is consistent with state-of-the-art
practices. The restriction on metals other than mercury is provided because
they are not likely to be extracted from below the debris surface at normal
desorption temperatures and residence times.

fn 35 See previous discussion in the text that, if size reduction of debris
to  meet  the  treatment  standards  reduces the particle size to below the
minimum  60  mm  size  limit  for  the definition of debris, such nondebris
material is subject to the waste-specific treatment standards for the waste
contaminating  the  material,  unless  the  debris  has  been  cleaned  and
separated from contaminated soil and waste prior to size reduction.

    We  note  that  we considered restricting the use of thermal desorption
for  only  porous  debris  that  is  contaminated  with  a metal other than
mercury.  We  reasoned  that  metal  contaminants  in  soil or waste on the
surface  of  nonporous  debris will be physically separated from the debris
along  with  the  soil  or  waste  during  or  after desorption, and thus a
restriction  would  not  be necessary. However, we are also concerned about
metal contaminants that may remain on the surface of nonporous (and porous)
debris after desorption and after separation of the treated debris from the
residue.  An  example is a piece of steel contaminated with a metal-bearing
paint  that  causes the steel to fail the TC. The metal may not be desorbed
and  the  paint  would  not  be  separated from the steel during the simple
physical  or  mechanical  separation  of  residue from debris. Although the
steel  would  continue  to  fail the TC, it would have been treated to meet
BDAT  and  could  be  land  disposed  in  a  subtitle  C  facility. This is
inconsistent with the Agency's view that BDAT for a TC waste must cause the
waste to no longer exhibit the TC.

    The  treatment standard for thermal desorption also requires separation
of  the  treated  debris from treatment residuals and soil, waste, or other
nondebris   material   (collectively  referred  to  as  residuals)  because
residuals   are   subject   to   the  treatment  standards  for  the  waste
contaminating  the  debris.  See  discussion  in Section V.E. Not only will
these   residuals   contain   unvolatilized  metals  that  require  further
treatment,  but  the Agency is using the residue separated from debris as a
surrogate  means  to  ensure  effective debris treatment. The rule achieves
this  objective  by  requiring  that the residue separated from the treated
debris  must  meet  the  waste-specific  treatment  standards  for  organic
compounds  in  the waste contaminating the debris. If the residue (prior to
further treatment) does not meet applicable treatment standards for organic
compounds,  it  is  an  indication  that  the  desorption  process  did not
effectively  extract  the  organic contaminants subject to treatment. Thus,
the treatment is not BDAT, the treated debris is not excluded from subtitle
C,  and  both  the  residues and the debris cannot be land disposed without
further treatment.

    Separation of the desorbed debris from treatment residuals (i.e., soil,
waste,  or  other  nondebris  materials)  must be accomplished using simple
physical  or mechanical means such as vibratory or trommel screens or water
washing. The separation process need not produce a ''clean debris surface''
fn  36  as discussed above, however; rather the debris surface must be free
of  caked  residuals  or  nondebris  materials  such  as soil or waste. For
example,  debris need not be water washed after trommel screening to remove
dust  from  residuals  or  nondebris  material. (Note that the use of water
washing  to separate thermally desorbed debris from residuals and nondebris
materials  need  not  comply with the treatment standards for water washing
(e.g.,  treatment  to  a  ''clean  debris surface'') because the debris has
already been treated by an alternative technology.)

fn  36  ''Clean  debris  surface''  means  the surface, when viewed without
magnification,  shall  be  free of all visible soil, waste, paint, or other
foreign  (i.e., nondebris) matter, except that residual staining consisting
of  light  shadows,  slight  streaks,  or minor discolorations, and foreign
matter  in  cracks  and crevices may be present provided that such staining
and  foreign matter in cracks and crevices shall be limited to no more than
5% of each square inch of surface area.

    c.Destruction    Technologies.    The   Agency   has   identified   two
classifications  of  destruction  technologies:  chemical  destruction  and
thermal  destruction.  These  technologies  are  designed  and  operated to
destroy hazardous contaminants on debris surfaces and in surface pores.

    (1)   Biodegradation.   Biodegradation  is  the  removal  of  hazardous
contaminants  from debris surfaces and surface pores in an aqueous solution
and  biodegradation  of  organic  or nonmetallic inorganic compounds (i.e.,
inorganics  that contain phosphorus, nitrogen, or sulfur) in units operated
under   either  aerobic  or  anaerobic  conditions.  The  rule  establishes
operating  and  performance  standards  and  contaminant  restrictions, and
requires  the  treater to make a demonstration of ''Equivalent Technology''
under  Sec.  268.42(b)  to document that the technology treats contaminants
subject  to  treatment  to  a  level  equivalent  to  that  required by the
performance  and  design  and operating standards for other technologies in
Table  1,  Sec. 268.45, such that residual levels of hazardous contaminants
will  not pose a hazard to human health and the environment absent subtitle
C control.

    The  Agency  attempted  to  develop  objective treatment standards that
would  obviate  the  need  for an equivalency demonstration (see discussion
above).  The  Agency  determined,  however,  that  it was very difficult to
establish  universal operating limits for the key operating parameters that
affect  treatment  efficiency-type  of  matrix  contaminating  the  debris,
biological proprieties of the contaminant, temperature, pH, treatment time,
biomass  concentration,  moisture  level,  and  for aerobic biodegradation,
oxygen concentration-that would strike a balance between ensuring treatment
to  minimum  threat levels and establishing requirements that could grossly
over-regulate   in  many  situations.  Rather,  the  Agency  believes  that
operating  requirements  can  best  be  determined  on a case-by-case basis
(i.e.,  under  an equivalent technology demonstration under Sec. 268.42(b))
considering the parameters listed above.

    In addition, the Agency believes that the performance standard used for
physical  and  chemical  extraction- treatment to a clean debris surface-is
not  practicable  for  biodegradation  because  treated debris surfaces are
likely to fail that standard even though organic contaminants may have been
destroyed  and  metal  contaminants  may  have been extracted. Further, the
Agency  could  not  identify a generic standard that would ensure effective
treatment of organic contaminants that may be beneath the surface of porous
debris.
    In  addition  to  the requirement to make an equivalency demonstration,
the  treatment  standards  establish a maximum thickness (in one dimension)
for  porous debris of 1.2 cm ( 1/2 inch. fn 37 These requirements will help
ensure extraction of contaminants from below the surface of porous debris.

fn 37 See previous discussion in the text that, if size reduction of debris
to  meet  the  treatment  standards  reduces the particle size to below the
minimum  60  mm  size  limit  for  the definition of debris, such nondebris
material is subject to the waste-specific treatment standards for the waste
contaminating  the  material,  unless  the  debris  has  been  cleaned  and
separated from contaminated soil and waste prior to size reduction.

    The   rule   also   restricts  the  use  of  biodegradation  for  metal
contaminants  because  metals  are  not  destroyed  by  the  biomass (i.e.,
biodegradation is not BDAT for metals). Further, the performance and design
and  operating  standards  would  not  ensure  that undestroyed metal would
partition  to  the  biomass  for treatment to the numeric standards for the
waste  contaminating  the  debris. This is because the performance standard
does  not  require  treatment  to  a  ''clean debris surface'' as discussed
above,  so  that  neither  the  performance standard nor the requirement to
separate  treated debris from residuals (see discussion below) would ensure
that metal contaminants would partition to the residue.
    The  treatment  standard  for biodegradation requires separation of the
treated  debris  from  treatment  residuals  (i.e.,  soil,  waste, or other
nondebris   material)  because  residuals  are  subject  to  the  numerical
treatment  standards for the waste contaminating the debris. See discussion
in  section  V.E.  Not only will these residuals contain metal contaminants
that  require  further  treatment,  but  the  Agency  is  using the residue
separated  from  debris  as  a  surrogate  means to ensure effective debris
treatment.  Accordingly,  the  debris treatment standard also requires that
the residue separated from the treated debris must meet the waste- specific
treatment  standards  for  organic compounds in the waste contaminating the
debris  prior  to  further  treatment.  If  the  residue  (prior to further
treatment)  does  not  meet  applicable  treatment  standards  for  organic
compounds,  it  is  an  indication  that the biodegradation process did not
effectively  destroy  the  organic contaminants subject to treatment. Thus,
the  treatment is not BDAT, treated debris is not excluded from subtitle C,
and  both  the  residues  and  the  debris  cannot be land disposed without
further treatment.

    Separation  of  the  biodegraded debris from treatment residuals, soil,
waste,  or other nondebris materials (collectively referred to as residuals
and  subject to the treatment standards for residuals) must be accomplished
using  simple  physical  or  mechanical  means such as vibratory or trommel
screens or water washing. The separation process need not produce a ''clean
debris  surface''  as  discussed  above, however; rather the debris surface
must be free of caked biomass or nondebris materials such as soil or waste.
For  example,  the  use  of  water to wash off the biomass or other foreign
matter  from  the  debris after removal from the treatment process does not
subject  the  debris  to  the  treatment standards for water washing (e.g.,
treatment  to  a  ''clean debris surface''). This is because the debris has
already been treated by an alternative technology.

    (2) Chemical Destruction. The rule establishes two chemical destruction
technologies as BDAT: Chemical oxidation and chemical reduction.

    (a)  Chemical  Oxidation. Chemical oxidation is chemical or electolytic
oxidation utilizing the following oxidation reagents (or waste reagents) or
combination  of  reagents:  Hypochlorite (e.g., bleach); chlorine; chlorine
dioxide;  ozone  or  UV  (ultraviolet  light)  assisted  ozone;  peroxides;
persulfates;  perchlorates;  permanganates; and/or other oxidizing reagents
of  equivalent  destruction  efficiency.  Chemical  oxidation  specifically
includes what is referred to as alkaline chlorination.

    The  Agency was not able to develop objective performance or design and
operation standards because of the variety of oxidation reagents that could
be  used  and the variety of chemical and physical properties of debris and
hazardous   contaminants.   In  addition,  the  Agency  believes  that  the
performance  standard  used for physical and chemical extraction- treatment
to a clean debris surface-is not practicable for chemical oxidation because
treated  debris  surfaces  are  likely  to  fail  that standard even though
organic  contaminants  may  have  been destroyed and metal contaminants may
have  been  extracted.  Further,  the  Agency  could not identify a generic
standard that would ensure effective treatment of organic contaminants that
may  be  beneath  the  surface  of porous debris. Consequently, the primary
treatment  standard  for  chemical oxidation requires the treater to make a
demonstration of ''Equivalent Technology'' under Sec. 268.42(b) to document
that  the  technology  treats  contaminants subject to treatment to a level
equivalent  to  that  required  by the performance and design and operating
standards  for  other  technologies  in  Table  1,  Sec.  268.45, such that
residual  levels  of hazardous contaminants will not pose a hazard to human
health and the environment absent subtitle C control. See discussion above.

    The  rule  also  restricts  the  use  of  chemical  oxidation for metal
contaminants  because  metals  are  not  destroyed by the chemical reagents
(i.e., chemical oxidation is not BDAT for metals). Further, the performance
and  design and operating standards would not ensure that undestroyed metal
would  partition  to the residue for treatment to the numeric standards for
the  waste  contaminating  the  debris.  This  is  because  the performance
standard  does  not  require  treatment  to  a  ''clean debris surface'' as
discussed   above,  so  that  neither  the  performance  standard  nor  the
requirement  to  separate  treated  debris  from  residuals (see discussion
below) would ensure that metal contaminants would partition to the residue.

    In addition, to help ensure effective treatment, the treatment standard
requires  that porous debris-brick, cloth, concrete, paper, pavement, rock,
and  wood-cannot  have a thickness exceeding 1.2 cm ( 1/2 inch) fn 38 prior
to  treatment to ensure effective treatment of contaminants absorbed beyond
the debris surface.

fn 38 See previous discussion in the text that, if size reduction of debris
to  meet  the  treatment  standards  reduces the particle size to below the
minimum  60  mm  size  limit  for  the definition of debris, such nondebris
material is subject to the waste-specific treatment standards for the waste
contaminating  the  material,  unless  the  debris  has  been  cleaned  and
separated from contaminated soil and waste prior to size reduction.

    Finally,  the  rule  requires that the treated debris must be separated
from  {pg  37234}  treatment residues, and that such separated residue must
meet  the  waste-specific treatment standards for organic compounds for the
waste  contaminating  the  debris.  See  discussion above for rationale and
information on how this provision works.

    (b)  Chemical  Reduction.  Chemical  reduction  is  a chemical reaction
utilizing  the  following  reducing  reagents  (or  waste  reagents)  or  a
combination of reagents: Sulfur dioxide; sodium, potassium, or alkali salts
of  sulfites,  bisulfites,  and  metabisulfites,  and  polyethylene glycols
(e.g.,  NaPEG  and  KPEG); sodium hydrosulfide; ferrous salts; and/or other
reducing  reagents  of  equivalent  efficiency. The treatment standards for
chemical  reduction  are  identical to those for chemical oxidation because
the technologies are based on similar chemical reactions.

    (3)  Thermal  Destruction.  Thermal  destruction  is  treatment  in  an
incinerator  operating  in  accordance with subpart O of part 264 or 265, a
boiler or industrial furnace operating in accordance with subpart H of part
266, or other thermal treatment unit operated in accordance with subpart X,
part  264  (permit  standards)  or  subpart  P,  part  265  (interim status
standards).

    As  noted  above  in  the discussion of treatment standards for thermal
desorption,  a  thermal  desorber is regulated either as an incinerator (if
the  device  is direct-fired or if the off-gas is burned in an afterburner)
under  subpart  O  of part 264 or 265, or as a thermal treatment unit under
subpart  X, part 264 or subpart P, part 265. To distinguish between thermal
desorption  and  thermal  destruction  (for which separate debris treatment
standards  are  provided)  for  purposes  of  complying with this rule, the
primary  purpose of thermal desorption is to volatilize contaminants and to
remove  them  from  the  treatment  chamber  for  subsequent destruction or
treatment.  The  definition of thermal destruction in Table 1, Sec. 268.45,
specifically excludes thermal desorbers.

    Today's  rule  requires  that treatment residuals be separated from the
debris  and  restricts  the  use  of  thermal  destruction  (i.e.,  thermal
treatment is not BDAT) for inorganic debris contaminated with a metal other
than  mercury.  In addition, if debris is contaminated with a dioxin-listed
waste,  thermal  destruction  is  not  BDAT  and  the treated debris is not
excluded   from  subtitle  C  unless  the  treater  makes  an  ''Equivalent
Technology''   demonstration  to  the  Agency  under  Sec.  268.42(b)  that
documents that the technology treats contaminants subject to treatment to a
level  equivalent  to  that  required  by  the  performance  and design and
operating  standards  for  other technologies in Table 1, Sec. 268.45, such
that  residual  levels  of hazardous contaminants will not pose a hazard to
human  health  and  the  environment  absent  subtitle  C control. (Note as
discussed below that these restrictions do not apply to vitrification.)
    Given  that  thermal destruction uses substantially higher temperatures
and  often  longer  residence  times  than  thermal  desorption, the Agency
believes  that  thermal  destruction  will  destroy  all but the most toxic
hazardous  nonmetal  contaminants  to minimum threat levels. Although metal
contaminants  will  not  be destroyed, metal contaminants in organic debris
(e.g.,  wood,  paper)  will  be  removed from the treated debris. Metals in
organic  debris will partition to the residue (i.e., the material resulting
from  treatment  that  remains  subject  to  numerical treatment standards)
because  the  organic  debris  will  be destroyed. Given that the treatment
standards require separation of treated debris from the residue, the metals
from  the  organic  debris  will  partition  to  the residue for subsequent
treatment   to   the  waste-specific  treatment  standards  for  the  waste
contaminating  the  debris. fn 39 Thus, only metals contaminating inorganic
debris  (e.g.,  concrete,  bricks)  may  remain  untreated  if they are not
volatilized. To ensure treatment of such metals, the rule restricts the use
of  thermal destruction (i.e., thermal treatment is not BDAT) for inorganic
debris contaminated with a metal other than the highly volatile mercury.

fn  39  Although  metals  in  soil or waste contaminating the debris may be
removed  by  separation  of  the treated debris from these materials as the
rule   requires,  metals  in  metal-bearing,  heat  resistant  coatings  on
inorganic  debris may neither be volatilized nor separated from the treated
debris.

    The  treatment  standards  also require that the residue separated from
the treated debris must meet the waste-specific treatment standards for the
BDAT  organic  contaminants  in the waste contaminating the debris prior to
further  treatment. This will help ensure that the thermal destruction unit
has effectively destroyed organic contaminants in the debris.

    In  addition, the Agency is concerned that extremely toxic contaminants
may not be destroyed (or removed with the residue) to levels that would not
pose  a  hazard  to  human  health  and  the  environment absent subtitle C
control.  Consequently,  if  debris  is  contaminated  with a dioxin-listed
waste,  incineration  is  not  BDAT  for  the  debris and the debris is not
excluded  from  subtitle  C  after  treatment  unless  the  treater obtains
approval  from  the  Director of the design and operating conditions of the
thermal  destruction  unit. We considered applying this restriction only to
porous,  inorganic  debris  under  the  reasoning  that the contaminants in
dioxin-listed  waste  would  partition  to the residue for nonporous debris
(e.g.,  metal)  and organic, porous debris (e.g., wood). We were concerned,
however,  that  if  such  contaminants  remained  undestroyed  even  at low
concentrations  in  the  residue  and  were not completely removed from the
treated debris, that the debris could pose a health or environmental hazard
absent  subtitle  C  control. Given that the requirements for separation of
residue  and  treated debris do not require a ''clean debris surface'' but,
rather  allow a dusting of residue to remain on the debris, we believe that
it is prudent to establish this restriction on dioxin-listed waste.

    Finally,  we  note  that vitrification is a type of thermal destruction
and  that  the  rule  establishes  special (i.e., reduced) requirements for
vitrification. Although the Agency classified vitrification as both thermal
destruction  and an immobilization technology at proposal (57 FR 1036), the
Agency   believes   that  the  regulation  is  more  easily  understood  if
vitrification  is  classified  only as thermal destruction with appropriate
consideration  given  to  the  fact  that vitrification heats the debris to
extremely  high  temperatures  resulting in the formation of nonasbestiform
glass.  The  fact  that  vitrification  transforms debris into a glass-like
residue   is  the  basis  for  the  special  requirements  established  for
vitrification:  (1)  The  restriction  on  metal  contaminants  for porous,
inorganic  debris  does  not  apply;  and  (2)  the  requirement for Agency
approval  of  design  and operating conditions to treat debris contaminated
with  dioxin-listed  waste  does  not  apply.  Nonetheless,  the  vitrified
residue,  like  all  debris  treatment  residue,  is  subject to the waste-
specific treatment standards for the waste contaminating the debris.
    d.Immobilization   Technologies.The   Agency   has   identified   three
immobilization    technologies    as    BDAT    for    hazardous    debris:
macroencapsulation,  microencapsulation,  and  sealing.  Immobilized debris
must  be  land  disposed in a subtitle C facility; fn 40 it is not excluded
from subtitle C regulation because the contaminants have not been destroyed
or  removed  but  rather  contained  indefinitely.  Today's rule {pg 37235}
establishes  only  general,  nonobjective  performance  standards for these
technologies rather than the more prescriptive standards that were proposed
(57  FR  1035-  1036) because, based on public comment and the Agency's re-
evaluation,   the  Agency  is  concerned  that  the  proposed  prescriptive
standards may be overly restrictive (i.e., by requiring conditions that are
more   than   necessary  to  ensure  immobilization  prior  to  subtitle  C
management) fn 41 in some cases and ineffective in others. Nonetheless, the
Agency   believes   that   the   performance   standards  promulgated  will
substantially  reduce the likelihood of migration of hazardous constituents
from the debris as required by RCRA section 3004(m)(1).

fn  40  In  the  Phase  II land disposal restrictions rule, the Agency will
reopen  and  request  comment  on  the  issue of whether immobilized debris
should be excluded from subtitle C regulation.

fn   41   For  example,  by  requiring  a  minimum  7  day  cure  time  for
microencapsulation  when some reagents can adequately stabilize some debris
types in much less time.

    (a)   Macroencapsulation.  Macroencapsulation  is  the  application  of
surface  coating  materials  such  as  polymeric organics (e.g., resins and
plastics)  or  the  use  of  a  jacket  of  inert  inorganic  materials  to
substantially  reduce  surface  exposure  to  potential leaching media. The
treatment standard requires that the encapsulating material must completely
encapsulate  the debris (i.e., the encapsulant must completely surround the
debris  and  be  unbroken).  Further,  the  encapsulating  material must be
resistant  to  degradation by the debris and its contaminants and materials
into which it may come into contact after placement (leachate, other waste,
microbes)  to ensure that the likelihood of migration of toxic contaminants
has been substantially reduced.

    (b)  Microencapsulation.  Microencapsulation  is  stabilization  of the
debris  with  the  following  reagents  (or  waste  reagents) such that the
leachability  of the hazardous contaminants is reduced: Portland cement; or
lime/pozzolans  (e.g.,  fly ash and cement kiln dust). Reagents (e.g., iron
salts,  silicates,  and  clays)  may  be added to enhance the set/cure time
and/or compressive strength, or to reduce the leachability of the hazardous
constituents. The performance standard for microencapsulation requires that
the leachability of the hazardous contaminants must be reduced.

    We  note  that  the proposed rule would have prohibited the presence of
free liquids in the microencapsulated debris. Today's rule does not provide
this  explicit  prohibition  because  free liquids are prohibited from land
disposal facilities under existing requirements-Sec. 264.314 or 265.314.

    If  the treater reduces the particle size of debris to make it amenable
to  microencapsulation so that the debris no longer meets the 60 mm minimum
particle   size   limit  for  debris,  such  material  is  subject  to  the
waste-specific   treatment   standards  for  the  waste  contaminating  the
material,   unless   the   debris  has  been  cleaned  and  separated  from
contaminated  soil and waste before size reduction. This is consistent with
the Agency's position that material with a particle size less than 60 mm is
amenable   to   conventional   treatment   for   process  waste  and  small
particle-sized material (i.e., as opposed to large debris objects) and that
such material can be reasonably sampled for analysis to document compliance
with   the   concentration-based   treatment   standards   for   the  waste
contaminating the material.

    If the debris has been cleaned and separated from contaminated soil and
hazardous   waste  fn  42  before  size  reduction,  the  material  remains
classified  as  debris subject to today's treatment standards even if it no
longer  has  a  60  mm particle size. The Agency believes that cleaning and
separation  of  contaminated  soil  and  hazardous waste will substantially
reduce   the   concentration   of   toxic   constituents  such  that,  upon
microencapsulation   and   placement  in  a  subtitle  C  unit,  the  toxic
constituents should not pose a hazard to human health and the environment.

fn  42  We  note  that mixtures of contaminated soil, waste, and debris are
regulated  as debris if the mixture is at least 50% debris by volume. Thus,
materials  regulated  as  debris  may  contain high concentrations of toxic
constituents.

    The  level  of  cleaning and separation that is required is the same as
required  for separation of treatment residue from treated debris. See Note
9  to  Table  1,  Sec.  268.45. At a minimum, simple physical or mechanical
methods  must  be  used  such  as  vibratory  or trommel screening or water
washing.  The  debris  surface  need  not  be  cleaned  to a ''clean debris
surface''  as defined in Table 1; rather, the surface must be free of caked
soil,  waste, or other nondebris material. Nondebris materials so separated
are  subject  to  the  waste-specific  treatment  standards  for  the waste
contaminating the material.
    (c)  Sealing.  Sealing  is  the  application of an appropriate material
which  adheres  tightly  to  the  debris  surface  to avoid exposure of the
surface to potential leaching media. When necessary to effectively seal the
surface,  sealing  entails  pretreatment  of  the  debris surface to remove
foreign  matter  and  to  clean  and roughen the surface. Sealing materials
include epoxy, silicone, and urethane compounds; paint may not be used as a
sealant.

    The performance standard requires that the sealing must be performed to
avoid  exposure  of the debris surface to potential leaching media-that is,
the  sealant  must completely enclose the debris. Further, the sealant must
be  resistant  to  degradation  by  the  debris  and  its  contaminants and
materials  into  which  it may come into contact after placement (leachate,
other  waste, microbes) to ensure that the likelihood of migration of toxic
contaminants has been substantially reduced.

    e.Changes to the Proposed Rule.In addition to the changes from proposal
discussed  above, today's final rule greatly simplifies presentation of the
treatment  standards.  Proposed  Table  1  (indicating  by  YES or NO which
technologies would be BDAT for which debris types when specific contaminant
categories were present) and Table 2 (classifying contaminants by category)
are  not  promulgated. Nonetheless, the final rule will operate essentially
as  the  Agency  had intended for the proposal rule. Rather than explicitly
identifying  acceptable  technology/debris/contaminant  combinations in two
tables and providing the performance or design and operating standards in a
third table as proposed, the final rule establishes the treatment standards
in  a  single  table-Table  1  of  Sec.  268.45.  Not only was the proposed
approach confusing, but proposed Table 1 forced unintended consequences.

    Proposed   Table   1  would  have  prohibited  the  use  of  particular
technologies  to  treat  certain  debris  types  contaminated  with certain
hazardous  constituents.  In most cases, the proposed prohibition was based
on  the  impracticability  of  applying  the  technology to the debris type
rather  than a determination as to whether the technology would effectively
treat  the  debris  if  it  was  (or  could  be) applied. An example is the
proposed  prohibition  on using abrasive blasting for paper, cloth, rubber,
and  plastic.  The  Agency  has determined that abrasive blasting should be
allowed  for  these  types  of debris because they may be mixed with debris
that  is  amenable  to the technology and would be converted to a treatment
residue.  An  example  is  a  steel  I-beam that has paper labels on it. If
abrasive  blasting  was used to treat the I-beam, the performance standards
would  ensure  that  the paper labels became part of the treatment residual
subject to the treatment standard for the waste contaminating the debris.
    We note, however, that depending on the type of contaminants subject to
{pg  37236} treatment and the technology selected to treat the debris, more
than  one  treatment  technology may be required to meet the standards. For
example, if water washing was used as an extraction technology for a porous
debris  (e.g.,  concrete)  with a contaminant subject to treatment that was
not  soluble  to  at  least  5%  by  weight  in the water solution, another
technology   (e.g.,   thermal  desorption)  must  be  used  to  treat  that
contaminant.

    In  summary,  today's final rule uses the definition of the technology,
the  performance  or  design  and  operating standards, and the contaminant
restrictions  provided  by  Table  1  of  Sec.  268.45  to ensure effective
treatment of hazardous debris.

6. Treatment of Characteristic Debris

    EPA proposed that debris that exhibits a characteristic of ignitability
or  reactivity,  or  that  is  contaminated with wastes that are ignitable,
reactive, or corrosive, be treated to deactivate the waste. See 57 FR 1021.
The  Agency solicited comment on the question of whether such debris should
also be treated for all Appendix VIII constituents that could reasonably be
expected  to  be  contaminating  the debris (see 57 FR 984-85), and whether
simple  dilution should be allowed as a means of achieving deactivation,id.
at 990.

    In  the  third  third  final  rule,  EPA  established deactivation as a
treatment  standard  for certain ignitable, corrosive, and reactive wastes,
and  allowed dilution as a means of achieving this standard. In large part,
this  was  due  to  the  enormous  diversity  of  wastes  exhibiting  these
characteristics  and the difficulty of ascertaining the existence or extent
of contamination not attributable to the characteristic property itself for
this  enormously disparate group of wastes. See 55 FR 22654. These concerns
are  less  apparent  for  debris  exhibiting ignitability or reactivity, or
contaminated  with  ignitable,  corrosive or reactive wastes, because there
appears  to  be much less of it (almost no debris could be ignitable, given
that  most  ignitable  wastes  must  be liquids (see Sec. 261.21(a) (1) and
(2)),  none  is  corrosive (only liquids can be corrosive wastes), and also
because  a  large  proportion  of  debris would likely be contaminated with
hazardous constituents because most hazardous debris comes from remediation
sites.Id.at 985.

    Most  commenters  opposed  requiring  treatment  for specific hazardous
contaminants.  They  also  urged  that all dilution be allowed as a form of
treatment.  Some  commenters  argued  that this result was compelled by the
statute.  (This  issue  is  presently  awaiting  decision by a panel of the
District  of  Columbia  Circuit Court of Appeals.) Others expressed concern
with   the  practical  difficulties  inherent  in  sampling  for  hazardous
constituents, or otherwise ascertaining their presence.

    After  considering the record, the Agency has decided to adopt the same
treatment  standards  for ignitable, corrosive, or reactive (ICR) debris as
for  other  hazardous  debris  because  ICR  debris is just as likely to be
contaminated  with  hazardous  constituents.  See  55  FR  22654. (EPA will
subcategorize  ICR  wastes and develop specific treatment standards, rather
than  allowing  all types of dilution as treatment when a specific toxicity
threat  is  apparent.) We are adopting a treatment standard of deactivation
for  these wastes but are requiring that the standard be achieved by use of
the  treatment  methods  adopted  for other debris, unless the generator or
treater  demonstrates  to the Agency that the debris does not contain toxic
constituents.  See discussion on codification of the contained-in principle
above  in  Section  V.B.2.b.  (If necessary, petitioners could also make an
equivalency  demonstration  under  Sec.  268.42(b) if they wish to treat by
some  means  other  than one of the methods set out in the rule.) This will
result in some treatment of hazardous constituents that are present, rather
than  allowing  simple  dilution  to  be  used. (Many treatment methods for
debris  involve  some  type  of dilution, and are permissible under today's
rule.  The  effect  of today's rule is to prohibit dilution other than that
occurring  as  a  result  of  a  designated treatment method. An example of
impermissible  dilution  could be packing ignitable, corrosive, or reactive
debris in sand.) In addition, the types of concerns voiced by the Agency in
the  third  third  rule  against  adopting  this  type  of standard for all
ignitable,  corrosive,  and reactive wastes are not present for debris. The
Agency  is  not requiring identification of hazardous contaminants that may
be  present,  as  proposed, in part due to the practical concerns voiced by
commenters,  in  part  because the Agency is not adopting this approach for
other  debris,  and because most of the treatment methods will provide some
treatment of most if not all hazardous contaminants.

    EPA  is  not  providing  the  option  of treating by existing treatment
standards for these wastes. This is because the existing treatment standard
for  most  ignitable,  corrosive,  or  reactive  wastes  can be achieved by
deactivation  involving any type of dilution. Since this is the very result
that  the  Agency  is  seeking to avoid, EPA is indicating in the rule that
this option is not available for this one class of debris.

    EPA  noted  at  proposal  that special rules would be needed for debris
that  is  reactive  due  to  presence  of  cyanide in order that cyanide by
treated  adequately.  See  57  FR 990. We are adopting this approach in the
final  rule.  Any  such  debris  must  therefore  be  treated by one of the
specified  technologies  for  which the treatment standards can be achieved
for  cyanide.  In  addition,  any  residues  of  such  treatment may not be
disposed  until  cyanide is treated to levels established in existing Table
CCW  of  Sec.  268.43  (the  treatment  standard for waste that is reactive
because  of  cyanide).  This  approach  is consistent with that adopted for
reactive  cyanide wastes in the third third rule and should ensure that the
cyanide known to be present is treated adequately before land disposal.

7. Special Requirements for Inherently Hazardous Debris

    The  proposed rule also considered the regulatory status of debris that
is  itself  hazardous  because  it  is  fabricated with toxic constituents.
Because  such  debris  will continue to exhibit the toxicity characteristic
after  treatment  by  an extraction or destruction technology, today's rule
requires treatment by an immobilization technology to reduce the likelihood
of migration of hazardous contaminants. See Sec. 268.45(b)(4). Examples are
lead  pipe,  or  refractory brick containing chromium. See 57 FR 990. (This
debris is referred to in this preamble discussion as ''inherently hazardous
debris''.)  Such debris can also be contaminated with listed wastes. In the
proposed  rule,  the  Agency  discussed  how the land disposal restrictions
would  apply  if  such  debris were disposed of, and also indicated that an
alternative  for much of this debris would be to recycle it as scrap metal,
in  which  case  an  existing regulatory exemption could apply.id. EPA also
solicited  comment on what standards should apply to residues from treating
inherently  hazardous  debris,  and also requested comment on whether there
were  situations  when immobilization would not be an appropriate treatment
technology for such debris.Id.at n. 26 and 990-91.

    The  Agency  is essentially adopting the proposed approach in the final
rule. However, some of the issues raised in the proposal require additional
clarification, which is provided below.

    a.Inherently  Hazardous  Debris  that  Is  Disposed.  When recycling of
inherently  hazardous  debris is not {pg 37237} practicable and it is to be
disposed,  today's  rule requires treatment by an immobilization technology
to  reduce  the likelihood of migration of hazardous contaminants, followed
by  disposal  in a subtitle C facility. In response to commenters' concerns
about  the  need  for  size  reduction for immobilization, we note that the
treatment  standards  for macroencapsulation and sealing may be achieved in
some cases without size reductions. fn 43

fn  43  Certainly,  size  reduction  to  that  normally  achieved  prior to
microencapsulation is not necessary.
    A  number  of commenters questioned whether any treatment was needed to
be  performed  on inherently hazardous debris or whether it could simply be
disposed  directly.  The statute forecloses that option. Section 3004(m)(1)
indicates that the Agency is to establish ''levels or methods of treatment,
if  any''  which  substantially  reduce  waste  toxicity  and  mobility and
minimize threats. If there are not such methods, the situation EPA believes
contemplated  by the clause ''if any'' in section 3004(m), the waste cannot
be  land  disposed.  See section 3004 (d), (e), and (g); see alsoAPIv. EPA,
906  F. 2d 729, 738 (D.C. Cir. 1990) (use of comparative risk assessment to
compare  safety  of  treatment  methods  versus  land disposal of untreated
wastes  is unnecesary given that the statute forecloses land disposal as an
option).  Thus,  some treatment of inherently hazardous debris is needed in
order  for  it to be land disposed. As indicated above, the Agency believes
that such methods exist (i.e., immobilization).

    If inherently hazardous debris is also contaminated with listed wastes,
then  that  waste  also  must be treated by one of the prescribed treatment
methods,  the  same  approach  adopted  for all other debris. Note that the
contaminants  in  the  waste  contaminating  the debris need not be treated
prior  to immobilization of the debris if the performance standards for the
immobilization technology can be achieved without such prior treatment.
    Residues  from  treating  inherently hazardous debris would not require
further treatment unless the residues also exhibited a prohibited hazardous
waste  characteristic.  However,  if  the  inherently  hazardous  debris is
contaminated  with  a listed waste, residues from treating the debris would
remain  subject to the numerical standards applicable to that listed waste.
Furthermore,  if  the  debris  were  treated first to remove or destroy the
listed  waste  (i.e.,  treated  by  an extraction or destruction technology
prescribed   in   today's   rule)   and   subsequently   treated  again  by
immobilization  due  to its inherent content, the Agency would not consider
the  debris  to  be  contaminated any longer with a listed waste, since the
initial  treatment  would  have removed or destroyed it. Thus, any residues
from  subsequent immobilization would not be subject to treatment standards
unless those residues exhibited a characteristic. For example, if lead pipe
contaminated  with  listed solvents was first treated to remove the solvent
and  then  treated  to immobilize the lead, only residues from removing the
solvent  would have to meet the numerical solvent treatment standards. This
approach mirrors that adopted for all other hazardous debris.

    b.Inherently  Hazardous  Debris  that  Is  Scrap Metal and Is Recycled.
EPA's  rules  provide for an exemption from regulation for scrap metal that
is  recycled.  See  Sec.  261.6(a)(3)(iv);  scrap  metal is defined at Sec.
261.1(c)(6).  EPA consequently indicated at proposal that the land disposal
prohibitions  would  not apply to inherently hazardous debris that was also
scrap  metal  being  recycled.  EPA  adheres to that approach, which simply
restates current rules (and was not reopened for reconsideration). The only
obligation  for generators handling such scrap metal is to keep a record of
the scrap and its subsequent disposition or recycling by metal reclamation.
See  Sec.  268.7(a)(6). If the scrap metal is also contaminated with listed
waste, the exemption continues to apply since the material would still meet
the  regulatory  definition  of  scrap  metal.  However,  any residues from
processing  the  waste would remain hazardous by the derived from rule, and
would  require  treatment to meet the standard for that listed waste before
it  could  be  land disposed. Thus, persons treating such scrap metal would
become  hazardous  waste  generators, and would also incur responsibilities
under  the land disposal restriction rules (see Sec. 268.7(a) (1) and (2)).
As  explained  in the previous section, however, if the scrap metal were to
be  treated  first  by  a  prescribed removal or destruction technology, it
would  no  longer be considered to be contaminated with a listed waste, and
any  residues  generated  subsequently would not be hazardous wastes unless
they   exhibited   a  hazardous  waste  characteristic.  Thus,  it  may  be
advantageous  to  arrange for pretreatment of contaminants before this type
of scrap metal is recycled.

    c.Status  of  Stainless Steel Debris. The Agency provided an example in
the  proposed  rule  of demolition of a building containing stainless steel
fixtures  and  indicated  that if a representative sample of the demolition
debris  exhibited  a  characteristic  debris  would be hazardous waste. The
Agency  noted  that stainless steel could also be removed before demolition
and  managed  separately, perhaps by recycling it as scrap metal. See 57 FR
990.

    In  providing  this  example, the Agency was not stating that discarded
stainless  steel  artifacts  are  hazardous  wastes,  and  in  fact  has no
information  indicating  that  such  materials, much less demolition debris
containing  small  bits of stainless steel, would exhibit a characteristic.
Although  it  may be worthwhile (for environmental and economic reasons) to
remove  metal  artifacts  for  recycling  rather  than destroying them when
demolition occurs, today's rule does not mandate any such conduct.

8. Relationship of the TSCA PCB Rules to Today's Rule

    As proposed, the final rule requires that hazardous debris that is also
a  waste PCB under 40 CFR part 761 must comply with both the applicable PCB
requirements and today's debris treatment standards, by satisfying the more
stringent applicable requirements.
    The  treatment  standards  for  hazardous  debris  also apply to debris
contaminated   with   both   PCBs  and  RCRA  hazardous  wastes.  See  Sec.
268.45(a)(5). This is consistent with the approach taken in the third third
final  rule.  See  55  FR  22678  (June 1, 1990). Debris treated to today's
performance  standards by an extraction or destruction technology (and that
does  not  exhibit a hazardous characteristic) remains subject only to TSCA
rules  because  it  is  excluded from subtitle C regulation, whereas debris
treated  by  an  immobilization  technology  remains  subject to applicable
requirements under both statutes.

    Under  the  Toxic  Substances  Control  Act  (TSCA), disposal of debris
contaminated  with  PCBs  is  regulated  under  40 CFR 761.60. In addition,
disposal  of debris and materials resulting from the cleanup of certain PCB
spills is subject to the PCB Spill Cleanup Policy, as provided under 40 CFR
761.125.

9. Relationship of Existing Agency Standards for Asbestos to Today's Rule

    As proposed, the Agency is today requiring that the treatment standards
for hazardous debris also apply to debris subject to standards for asbestos
{pg  37238} under OSHA, TSCA, and NESHAPs. fn 44 EPA acknowledges that many
of  the  treatment  technologies  specified  in  today's rule for hazardous
debris  would  not  be  practicable  for  asbestos  debris  because  of the
potential  for  occupational exposure or environmental release of asbestos.
However,  the  Agency  believes  that several technologies could be used to
treat hazardous debris in compliance with the applicable OSHA, NESHAPs, and
TSCA  by  using  filtration  devices  on air and water emissions to control
asbestos-  water  washing  and  spraying;  liquid phase solvent extraction;
vapor   phase   solvent  extraction;  biodegradation;  chemical  oxidation;
chemical reduction; and macroencapsulation.

fn 44 For a summary of OSHA, TSCA, and NESHAP controls on asbestos, see the
proposed rule at 57 FR 993-994.

    The  Agency  considered  the  argument  made by several commenters that
asbestos-contaminated  hazardous  debris  and hazardous debris contaminated
with  asbestos  should  be  managed  according  to  existing  EPA  and OSHA
regulations (i.e., bagging) and placing the bagged material in a subtitle C
facility.  The Agency agrees with the commenters that, if bagging meets the
performance  standard  for  macroencapsulation,  such  debris  may  then be
disposed of in a subtitle C facility.

10. Special Requirements for Radioactive Debris
    The  Agency is today requiring that hazardous debris that is subject to
regulations  under the Atomic Energy Act (AEA) because of its radioactivity
(i.e.,  mixed waste) is also subject to today's debris treatment standards.
fn  45 This is consistent with the Agency's regulation of the waste that is
contaminating the debris-if a prohibited waste is also a mixed waste, it is
nonetheless subject to the treatment standards for the waste.

fn  45  We note that the Agency has established treatment standards in Sec.
268.42  for  several  types  of radioactive wastes (e.g., D008: Radioactive
lead  solids  subcategory)  that may be generated in particle sizes greater
than 60 mm, the minimum size limit for debris. Nonetheless, such wastes are
excluded  from the definition of debris (see Sec. 268.2(g)) and are subject
to the waste-specific treatment standards.

    Commenters  expressed concern that the treatment of certain radioactive
mixed  waste  debris  may pose an unreasonable risk to human health and the
environment  due  to  the  radiological  nature  of  the  waste. The Agency
understands  commenters'  concerns  but  believes  that there is sufficient
flexibility  in  the  debris  treatment  standards  to enable generators or
treaters  to  select a technology that will effectively treat the hazardous
contaminants  without  posing  an unreasonable risk to human health and the
environment because of the radiological nature of the waste.
11. Documentation of Compliance With the Treatment Standards

    When  hazardous  debris  is  treated  to  today's  treatment standards,
treaters  must  comply  with the applicable residue analysis, notification,
certification, and recordkeeping and requirements of revised Sec. 268.7. In
today's  rule,  the Agency has revised several paragraphs in Sec. 268.7 and
added one paragraph to accommodate hazardous debris.

    Paragraph  (a)(1)  is  revised  to  require  generators  who ship their
hazardous  debris  to  a  storage or treatment facility to provide a notice
that  includes  the  information  already required for restricted wastes as
well  as  a  listing  of  the  contaminants subject to treatment. This will
assist the treater in determining which treatment technology is appropriate
for  the  debris.  In addition, the notice must inform the treater that the
debris  is  subject  to  (i.e.,  eligible  for)  the  alternative treatment
standards of Table 1; Sec. 268.45.

    Paragraph  (a)(2)  is  revised to exempt generators of hazardous debris
who obtain a determination from the Agency that the debris does not contain
hazardous  waste  (see Sec. 261.3(e)(2)) from the notification requirements
of  that  paragraph  for facilities receiving the shipment. Given that such
debris  is  no  longer hazardous waste, the notification requirement is not
necessary.

    Paragraph  (a)(3)  is  revised  to  require generators whose restricted
hazardous debris is not yet prohibited debris (because of, for example, the
capacity  variance discussed in section V.G below) to provide a notice that
includes  the information already required for restricted wastes as well as
a listing of the contaminants subject to treatment and a statement that the
debris  is  subject  to  (i.e.,  eligible  for)  the  alternative treatment
standards  of  Table 1, Sec. 268.45. See discussion above for the rationale
for  requiring  that  this  additional  information  be  submitted  to  the
receiving facility.

    Paragraph (a)(4) is revised to exempt generators who treat their debris
by  one  of  the  technologies  specified in Table 1, Sec. 268.45, from the
waste  analysis  requirements  of that paragraph. As discussed elsewhere in
today's  notice,  the  debris  treatment standards are technology-specified
standards  rather than numerical concentration standards. Thus, analysis of
the  debris is generally not necessary (except to determine where knowledge
about   the   debris  is  not  available  whether  the  debris  exhibits  a
characteristic of hazardous waste).

    Paragraph  (b)(4)  is revised to exempt facilities that treat hazardous
debris  so that it is excluded from the definition of hazardous waste under
Sec.  261.3(e)  (i.e.,  debris  treated  by  an  extraction  or destruction
technology provided by Table 1, Sec. 268.45, and debris that the Agency has
determined   does  not  contain  hazardous  waste)  from  the  notification
requirements  of  that  paragraph.  Paragraph  (b)(4)  requires treaters of
prohibited  waste  to  notify  the  land  disposal  facility receiving each
shipment   of  waste  of  information  including  the  treatment  standards
applicable  to  the waste. We revised this requirement because notification
of  receiving  facilities is not necessary for debris that is excluded from
subtitle  C  regulation. We note, however, that treaters of excluded debris
are subject to the new notification (to EPA) and certification requirements
provided by paragraph (d), as discussed below.

    Paragraph  (b)(5)  is revised to exempt facilities that treat hazardous
debris  so that it is excluded from the definition of hazardous waste under
Sec.  261.3(e)  from the certification requirements of that paragraph. Such
facilities  are  subject  to  the  new certification requirements, however,
provided by paragraph (d), as discussed below.

    Finally,  paragraph (d) is added to subject generators and treaters who
first  claim that their debris is excluded from the definition of hazardous
waste  under  Sec. 261.3(e) to notification and certification requirements.
Such  generators  and  treaters  are  required  to submit to EPA a one-time
notice  identifying  the  name  and  address  of  the  subtitle  D facility
receiving the excluded debris, a description of the debris before treatment
(i.e., as-generated), and, if the debris is excluded because it was treated
by  an  extraction  or  destruction  technology  specified in Table 1, Sec.
268.45  {pg  37239} (i.e., it is not excluded as a result of a contained-in
determination),  the  treatment  technology  used. The Agency will use this
information  for  enforcement  purposes.  Not  only  will  the notification
identify those facilities that claim that hazardous debris is excluded from
regulation,  but  the  information  on  the  type of debris treated and the
technology  used  will  enable  the  Agency  to  establish  a  priority for
inspections taking into account how difficult it may be to treat the debris
to  the  performance  and  design and operating standards with the selected
technology.

    In  addition,  for debris treated by a technology specified in Table 1,
Sec.  268.45  (i.e.,  debris  not  excluded  as  a result of a contained-in
determination),  the  treater must document and certify compliance with the
treatment  standards specified in Table 1. The rule requires the treater to
record  in  the facility's files all inspections, evaluations, and analyses
(e.g.,  determinations that a physical extraction technology has removed at
least  0.6  cm  of  the  debris surface and that the debris is treated to a
''clean  debris  surface'')  of the treated debris that the treater made to
determine compliance with the standards, as well as any data or information
pertaining  to  key  operating  parameters  the  treater may have generated
during  treatment  of the debris (e.g., exit gas temperature and feed rate,
of  a  thermal  desorber).  The  rule  also requires the treater to place a
certification  in the facility's files for each shipment of excluded debris
that the debris has been treated in accordance with the standards specified
in Table 1. These requirements will enable the Agency to enforce the debris
treatment standards.

D. Exclusion of Hazardous Debris From Subtitle C Regulation

    Under  today's  rule,  hazardous debris may be excluded from subtitle C
regulation  either  by:  (1)  the Agency's determination that the debris no
longer contains hazardous waste (i.e., the contained-in policy discussed in
section  V.B.2)  as provided by new Sec. 261.3(e) (2); or (2) by compliance
with   the   debris  treatment  standards  for  extraction  or  destruction
technologies  for  exclusion  from  subtitle  C provided in Table 1 of Sec.
268.45 (and provided the debris does not exhibit a hazardous characteristic
after  treatment).  The  basis for excluding debris determined to no longer
contain  hazardous  waste  is  discussed above in section V.B.2. We discuss
here  the  basis  for  excluding  from subtitle C regulation debris that is
treated to meet today's performance standards requisite to such exclusion.

1.  Basis  for  Excluding  Debris  Treated  by  Extraction  or  Destruction
Technologies and That Is Not Characteristic

    Debris treated by a prescribed extraction or destruction technology and
that  does not exhibit a hazardous characteristic is excluded from subtitle
C  regulation.  As  discussed  in section V.C.5 above, the Agency has given
careful  consideration  as to whether each debris/contaminant type would be
effectively  treated by each BDAT technology to levels that present minimum
risk  (i.e.,  would  no  longer  pose  a  hazard  to  human  health  or the
environment).  The  Agency  believes that debris treated to those standards
would  pose  minimum  risk  for  a number of reasons. First, the Agency has
deleted two technologies (i.e., electropolishing and ultraviolet radiation)
from  the proposed list of BDAT technologies because they are not likely to
provide  effective treatment. Second, the final rule requires separation of
nonempty  intact containers of hazardous waste from debris for treatment to
the  waste-specific  treatment standards. Thus, containerized waste that is
readily  amenable  to  separation from debris by equipment operators in the
field  and  that may have high concentrations of toxic constituents will be
subject  to  concentration-based, waste-specific treatment standards rather
than  to  the  debris  standards. Third, the final rule raises the particle
size  used to define debris from 9.5 mm to 60 mm and applies the size limit
to  all  debris,  not  just geologic matter. Thus, materials that should be
amenable  to  treatment  methods  for  process  waste  are  subject  to the
waste-specific  treatment  standards  rather  than to the debris standards.
Fourth,  the final rule specifically excludes process waste of any particle
size  (e.g., slag) from the definition of debris. Thus, process wastes with
potentially  high  concentrations of hazardous constituents will be subject
to  the  waste-specific  treatment  standards  rather  than  to  the debris
standards.

    Most important, the performance and design and operating standards that
the  rule  establishes  for exclusion of treated debris from subtitle C are
rigorous  standards. Examples are the requirements that physical extraction
technologies  treat  metal  to  a  ''clean  metal finish'' and other debris
surfaces  to a ''clean debris surface''. A minimum of 0.6 cm of the surface
layer  of  porous  debris  must  be removed as well. Another example is the
maximum  thickness  standard  for  porous  debris  that is to be treated by
chemical extraction.

    For several technologies, the Agency was concerned that the performance
and design and operating standards may not ensure treatment to minimum risk
levels.    Consequently    for   these   technologies-thermal   desorption,
biodegradation, chemical oxidation and reduction and thermal destruction of
debris  contaminated  with dioxin-listed wasted fn 46- treated debris would
be  excluded  only  after  the  treater  successfully  makes  an equivalent
technology  demonstration  to  the  Agency under Sec. 268.42(b) documenting
that   the  technology  treats  a  particular  type  of  debris/contaminant
combination  as  effectively  as  the  other  BDAT technologies to residual
levels  of  hazardous  contaminants  that  would not pose a hazard to human
health and the environment absent management controls.

fn  46  Note  that  the  standards  provide  other  restrictions for debris
contaminated with dioxin-listed waste.

    Finally,  the  rule  requires separation of the treated debris from all
treatment residues, including soil, waste, or other nondebris material that
could  remain  adhered  to  the debris surface. This will ensure that metal
contaminants  in  the  residue will not continue to contaminate the treated
debris  and  that  any  waste  or  contaminated  soil in a primarily debris
mixture  as  it was generated is separated from the treated debris prior to
exclusion from subtitle C.

    The philosophy underlying this approach is similar to that contained in
principle:  It  is  not  normally  the debris itself that is hazardous, but
rather  hazardous waste that is contaminating the debris. Thus, the goal of
treatment  should  be  to destroy or remove the contamination (if possible)
and if this is achieved, to dispose of the cleaned debris as a nonhazardous
waste.  The removed residues from this treatment contain the contamination,
and  must  meet  numerical  concentration  levels  before  they can be land
disposed.

    Not only are the treatment methods developed to achieve this objective,
but  the  various separation requirements (both before and after treatment)
forcing  removal  of all nondebris materials such as soil and other wastes,
and the definition of debris itself (which limits the debris classification
to  materials  most  amenable  to  the  treatment  methods,  and classifies
materials  most  amenable  to  meaningful  sampling as nondebris subject to
numerical  treatment  standards)  are intended to achieve the same goal. As
discussed  above,  the  debris  treatment  standards  are  written wherever
possible  as  performance standards to ensure that contamination is in fact
removed from the debris. In addition, the rule specifies which contaminants
are  unsuitable  for certain of the treatment methods. In short, the Agency
believes  that  treatment of contaminated debris by the methods established
here  will  result  in  clean  debris  which may then be land disposed, and
should also no longer be regulated as a hazardous waste.
    EPA notes, however, that the notion of excluding wastes from subtitle C
regulation  without sampling for hazardous constituent concentration levels
is  potentially  at  odds with many of the approaches recently proposed for
public  comment  in  the  Hazardous  Waste  {pg  37240} Identification Rule
(HWIR).  See  57  FR  (May  20,  1992).  In that rule, the Agency asked for
comment  on  means  of  identifying  and  excluding  hazardous  wastes from
subtitle  C  regulation  that  potentially  take into account presence of a
majority of the hazardous constituents listed in appendix VIII of part 261.
If  these  approaches are adopted, they could provide a principled means of
evaluating  wastes  heretofore  excluded from subtitle C regulation without
requiring  analysis  of  hazardous  constituent concentrations, such as the
debris   being   excluded   in  today's  rule,  or  residues  from  ''empty
containers''  discussed  above in Section V.B.2. EPA expects that hazardous
constituent  levels  in debris treated by the methods adopted today will be
consistent with levels resulting from the May 20 proposal, and in addition,
for  many  types  of  treated debris there remain difficulties in obtaining
representative samples necessary to make hazardous waste identification and
listing  determinations,  and  for this reason is finalizing the rule today
rather  than  delaying action pending the results of the May 20 rulemaking.
Nevertheless,  the  Agency  believes it an appropriate issue for comment in
the  HWIR  rulemaking the extent to which those standards should be used to
replace  exclusions  from  the  definition  of  hazardous  waste  that  are
established  without  requiring analysis of hazardous constituent levels in
the excluded waste.

2.  Rationale  for  Continued  Subtitle  C  Regulation of Debris Treated by
Immobilization

    Debris  treated by an immobilization technology would remain subject to
subtitle  C  regulation. EPA currently has insufficient data to demonstrate
generically  that  debris  which  can be contaminated with both organic and
inorganic  constituents  would  be  nonhazardous when treated by any of the
immobilization  technologies. Until the Agency gathers further data, EPA is
concerned   that,   absent  subsequent  subtitle  C  management,  hazardous
contaminants  may  migrate  from  certain immobilized debris at levels that
could pose a hazard to human health and the environment. Thus, EPA believes
it  inappropriate to promulgate a self-implementing exclusion at this time.
Nonetheless,  in  the  Phase II land disposal restrictions rule, the Agency
will  reopen and request comment on the issue of whether immobilized debris
should  be  excluded  from  subtitle  C  regulation.  The  Agency  plans to
investigate  this  issue  further and will publish in the Phase II proposed
rule  any  information  or data that are available. In addition, the Agency
will specifically explore the potential of using the TCLP, and if so, under
what  circumstances,  in  determining  whether immobilized hazardous debris
should  be  excluded  from subtitle C control. To assist the Agency in this
effort,  we  ask  for  data  on  the performance of specific immobilization
technologies  and  short- or long- term leachibility studies. Based on past
experiences,  the  Agency  has  found  that  uncertainty over the technical
performance of immobilization precludes a general exemption from subtitle C
for  all  types  of  immobilized hazardous debris. However, the Agency will
continue   to   evaluate  all  available  and  new  information  about  the
performance  of immobilization technologies which could limit the technical
uncertainty.  To  the  extent that sufficient information that meets proper
quality assurance/quality control procedures is available, the Agency plans
to  propose in the Phase II LDR rule an exclusion from subtitle C for those
immobilized hazardous debris.

E. Regulation of Treatment Residuals

1. Overview

    In this section, we discuss: (1) The rationale for subjecting treatment
residues   to   the   waste-specific  treatment  standards  for  the  waste
contaminating  the  debris; (2) separation of treated debris from treatment
residue;  (3)  special  requirements  for  debris  treated by spalling; (4)
special  requirements for residue from the treatment of debris contaminated
with  cyanide  reactive  waste;  and (5) special requirements for ignitable
wastewater residue.

2. Treatment Residues Are Subject to the Waste-Specific Treatment Standards
for the Waste Contaminating the Debris

    Residuals  from  the  treatment  of hazardous debris are subject to the
waste-specific  treatment standards for the waste contaminating the debris.
The  residual  must be treated to those standards for all BDAT constituents
specified in Secs. 268.41, 268.42 and 268.43 for the waste.

    The  Agency  had  proposed to require treatment of nonsoil residuals to
the   multi-  source  leachate  F039  levels  and  soil  residuals  to  the
waste-specific  treatment standards for the waste contaminating the debris.
Based  on  public comment and the Agency's re-evaluation of this issue, the
Agency  had determined that it is more appropriate to subject all treatment
residues-soil,   wastewater,   and  nonwastewater-to  the  waste-  specific
treatment  standards for the waste contaminating the debris for a number of
reasons.  First,  the waste-specific treatment standards currently apply to
treatment residuals, and the Agency does not know of a compelling reason to
change  that position. Second, requiring compliance with the waste-specific
treatment  standards  rather than the F039 standards may be somewhat easier
to  understand  and  implement because the treatment standards for the BDAT
constituents  in  the  residue  can be determined at the same time that the
BDAT  constituents  are  identified  as  contaminants  subject to treatment
(i.e., the contaminants subject to treatment in the contaminated debris are
the  same contaminants that must be treated in treatment residuals). Third,
the  Agency is considering simplifying and revising the treatment standards
for  all  prohibited  waste  to  ''universal  standards''  in  the Phase II
proposed land disposal restrictions rule.

    Several  commenters  suggested  that the thermal destruction process of
vitrification   should   be  considered  immobilization  of  debris.  Thus,
commenters  argued  that such vitrified debris could be land disposed under
subtitle  C without being subject to the waste-specific treatment standards
for  the  waste  contaminating  the  debris. The Agency disagrees with this
view.  Vitrification  is  a  type  of  thermal  destruction that produces a
residue  that  is  vitrified. Thus, the vitrified residue is subject to the
same  treatment  standards  as  any  debris  treatment  residue-the  waste-
specific  standards  for  the  waste  contaminating  the  debris.  This  is
consistent  with  the  Agency's  position  that  slag from high temperature
metals  recovery  is  residue,  not  debris,  subject to the waste-specific
treatment standards.
3.  Treated Debris Mixed With Treatment Residue Is Subject to Regulation as
Residue

    As  discussed  above  in  section  V.C.5,  treatment residues generally
contain high levels of toxic contaminants removed from the debris. Examples
are  residue from thermal desorption or incineration of debris contaminated
with  metal-  bearing  waste,  and residue from water washing of debris. As
discussed  below,  treatment  residuals  are  subject to the waste-specific
treatment standards for the waste contaminating the debris. Thus, to ensure
that  treatment  residuals are treated effectively before land disposal and
to  ensure  that  treated  debris  is  not  contaminated with the treatment
residue,  the  treatment  standards require that the treated debris must be
separated  from  the  {pg  37241}  treatment  residue. If the debris is not
separated from the treatment residue, it remains a prohibited waste and may
not  be  land  disposed.  It  also  remains subject to all other subtitle C
standards.

    The  Agency  defines  treatment  residuals as residuals such as biomass
from  biodegradation  and  ash from incineration as well as soil, waste, or
other  nondebris material that may remain adhered to the treated debris. We
note  further that slag from a high temperature metals recovery furnace and
vitrified  residue  from  a thermal destruction unit are treatment residues
rather than debris. In both cases, the original debris no longer exists and
the  residuals  from  soil  or  waste contaminating the debris are integral
components of the slag and vitrified residue.

    Separation  of  the  treated  debris  from  treatment residuals must be
accomplished using simple physical or mechanical means such as vibratory or
trommel screens or water washing. The separation process need not produce a
''clean  debris  surface''  fn  47  as discussed above, however; rather the
debris  surface must be free of caked residuals or nondebris materials such
as  soil or waste. For example, thermal desorption debris need not be water
washed  after  trommel screening to remove dust from residuals or nondebris
material.  (Note  that  the  use  of  water  washing  to separate thermally
desorbed debris from residuals and nondebris materials need not comply with
the  treatment  standards  for  water washing (e.g., treatment to a ''clean
debris  surface'')  because  the  debris  has  already  been  treated by an
alternative technology.)

fn  47  ''Clean  debris  surface''  means  the surface, when viewed without
magnification, shall be free of all visible contaminated soil and hazardous
waste,  except  that  residual staining consisting of light shadows, slight
streaks,  or  minor discolorations, and soil and waste in cracks, crevices,
and  pits  may be present provided that such staining and soil and waste in
cracks,  crevices,  and  pits  shall  be limited to no more than 5% of each
square inch of surface area.

4. Special Requirements for Debris Treated by Spalling

    As  proposed  and  as  discussed  in  Section  V.C.5, debris removed by
spalling  remains  debris subject to the debris treatment standards. Debris
surfaces  removed  by  spalling are, by definition of the technology, large
pieces  of  debris.  The Agency believes that such pieces of spalled debris
are  more  debris-like than waste or residual-like and are more amenable to
treatment  by  the  debris  treatment  standards  than  the  waste-specific
treatment standards.

5.  Special  Requirements  for Residue From the Treatment of Debris That Is
Cyanide-Reactive

    As  proposed,  the final rule requires that residues from the treatment
of   debris  that  is  reactive  because  of  cyanide  is  subject  to  the
waste-specific  treatment  standards for cyanide under Sec. 268.43. As with
cyanide-reactive waste, EPA believes that BDAT for cyanide- reactive debris
requires treatment of cyanide because of its toxicity.
6. Special Requirements for Ignitable Nonwastewater Residue

    As  proposed,  the  final  rule  requires  that ignitable nonwastewater
residue  containing  greater  than  or equal to 10% total organic carbon be
subject  to  the  technology-based  standards for D001: ''Ignitable Liquids
based  on 261.21(a)(1)'' under Sec. 268.42. This residue must be treated by
fuel  substitution  (i.e.,  burning  as  fuel  in  a  boiler  or industrial
furnace),  recovery  of  organic  constituents  (e.g., distillation, carbon
adsorption),  or  incineration.  EPA  has established these technologies as
BDAT  for  high  total  organic  carbon ignitable liquids because they will
effectively remove or destroy the toxic organic constituents.

F. Permit Requirements for Treatment Facilities

    Treatment  of  hazardous  debris  (except as discussed below for 90-day
on-site  treatment  in  a  container,  tank,  or  containment  building) is
currently  subject to the applicable interim status and permit standards of
parts 264, 265, 266, and 270 that ensure protection of human health and the
environment  from  the  operation of the treatment unit. (We note that, for
containment buildings, interim status and permit standards and requirements
for  90-day  on-site treatment are promulgated in today's rule as discussed
elsewhere  in this notice.) Today's debris treatment standards to implement
the  land  disposal  restrictions  of section 3004(m) of the statute do not
affect  those  existing  facility standards. For example, today's treatment
standards  do  not  reopen  interim status eligibility for debris treatment
facilities. (We note, however, that today's rule does establish the interim
status  eligibility  date  for containment buildings given that these units
are  newly regulated by this rule, assuming that such buildings are located
at  facilities containing no other regulated units.) Rather, today's debris
treatment   standards   subject   generators  and  treaters  to  additional
requirements  to  ensure  effective  treatment of hazardous debris prior to
exclusion  from  subtitle  C  (for  debris  treated  by  an  extraction  or
destruction   technology   and   that   does   not   exhibit   a  hazardous
characteristic)  or  land  disposal  in  a  subtitle C facility (for debris
treated by an immobilization technology).

    As  information  for  the  reader,  we  note that the existing facility
standards  for the following common debris treatment operations (other than
for 90-day on-site treatment in a container, tank, or containment building)
are:

     Debris treatment technologies conducted in tanks such as high pressure
steam  and  water  spraying,  chemical  extraction,  and biodegradation are
subject  to  the  standards  for  tank  facilities in subpart J of part 264
(permit standards) and part 265 (interim status standards).

     Storage  or  treatment  in  containment  buildings  is  subject to the
subpart  DD,  parts  264  and  265,  standards  also promulgated today (see
discussion elsewhere in today's notice).

     Physical extraction technologies such as abrasive blasting or spalling
used  to  treat  debris  in  place  but that is intended for discard (e.g.,
treatment  of  a  contaminated building prior to demolition) are subject to
the  permit standards of subpart X, part 264 for miscellaneous units or the
interim status standards for chemical, physical, or biological treatment in
subpart Q, part 265.

     Incinerators are subject to subpart O, part 264 (permit standards) and
part 265 (interim status standards).

     High temperature metal recovery furnaces are conditionally exempt from
the  rules  for  boilers and industrial furnaces burning hazardous waste in
subpart H, part 266.

     Thermal  desorbers  are  subject  either to the incinerator or thermal
treatment  standards,  depending  on whether the unit meets the incinerator
definition.  Thermal  treatment  units  are  subject to subpart X, part 264
(permit standards for miscellaneous units) and subpart P, part 265 (interim
status standards).

1. Adding Capacity for Debris Treatment to Existing Facilities

    Today's  rule  amends  the  permit and interim status standards of part
270,  as proposed, to facilitate the expansion of existing debris treatment
capacity  and  the  addition  of  new debris treatment capacity at existing
facilities  currently  subject either to permit or interim status standards
for  managing  hazardous  waste.  However,  if  an  owner  or operator of a
facility that is not currently managing hazardous waste under the permit or
interim  status  standards wants {pg 37242} to construct a debris treatment
facility, he must first obtain a RCRA permit.

    a.Facilities  With  a  RCA Permit.Facilities with a RCRA permit may add
new  treatment  processes  and additional capacity by applying for a permit
modification  under Sec. 270.42. See 53 FR 37912 (Sept. 28, 1988). Although
regulations  at  Sec. 270.42 were promulgated under pre-HSWA authority, EPA
may  use these regulations in authorized States when necessary to implement
HSWA provisions such as the land disposal restrictions. See 53 FR 37933.
    The  types  of  modifications  needed  to add new capacity or processes
would  likely require submittal of a Class 2 or 3 modification. The Class 2
modification process requires Agency action on the request within 120 days.
This  action  would  consist  of  approval or denial, reclassification as a
Class   3   modification,   or  authorization  to  conduct  activities  (in
containers, tanks, and containment buildings, as discussed below) for up to
180  days  pending  Agency  action.  Further,  for  Class  2 modifications,
construction  to  implement  the  requested facility change may commence 60
days  after  submission  of  the  request.  There is no deadline for Agency
action for Class 3 modifications, which apply to more substantial changes.

    Permitted  facilities may apply under existing Sec. 270.42(e)(3)(ii)(B)
for  a temporary authorization to initiate necessary activities to treat or
store  restricted  wastes  (e.g.,  hazardous debris) in tanks or containers
while  a  Class  2  or  3  permit  modification is undergoing review, or to
undertake  a  treatment or storage activity which will be of short duration
(e.g., decontamination of a building intended for demolition). Today's rule
revises  that  section  to  enable  the  Agency  also  to grant a temporary
authorization   for   containment   buildings   meeting   the  requirements
promulgated today in subpart DD of parts 264 and 265.

    Any  request  for a temporary authorization must demonstrate compliance
with  the  part  264 standards and also meet the criteria of Sec. 270.42(e)
for  approval.  Interested  members  of  the  public (i.e., those that have
previously  expressed  interest  in any permitting action for the facility)
will  receive  notice  by  mail  of  a  facility's  request for a temporary
authorization.  The  temporary  authorization  may  be  renewed once if the
additional  procedures of Sec. 270.42(e) are followed, including submission
of appropriate permit modification information and the initiation of public
meetings and public comment period. See 53 FR 37919.

    b.Facilities   Operating  Under  Interim  Status.  Facilities  managing
hazardous  waste  under  interim  status may add new treatment processes or
additional  treatment  or storage capacity by using the existing procedures
for changes during interim status in Sec. 270.72. Under these procedures, a
facility  must  submit  to  EPA  a  revised  Part  A permit application and
justification  explaining  the need for the change. The change must then be
approved by EPA.

    Such  changes  must  meet  one  of  several  criteria specified in Sec.
270.72,  such  as being necessary to comply with a Federal, State, or local
requirement.  However,  changes generally may not be made if they amount to
reconstruction  of  the  facility.  The Agency considers the facility to be
''reconstructed'' if the capital investment for the changes to the facility
exceed 50% of the capital cost of a comparable entirely new facility.

    Existing  Sec. 270.72(b)(6) lifted the reconstruction limit for changes
to  treat  or store in tanks and containers hazardous waste subject to land
disposal  restrictions  imposed by part 268, provided that such changes are
made  solely  for  the  purpose  of  complying  with part 268 land disposal
restrictions.   Today's   rule   revises   that   paragraph   to  lift  the
reconstruction  limit  for  containment  buildings as well. See the the new
subpart  DD, part 264 and 265, standards for containment buildings that are
also promulgated today.

2.  On-Site  Treatment  of  Debris  in  Containers,  Tanks, and Containment
Buildings

    Existing  Sec.  262.34  exempts from permit requirements generators who
store or treat hazardous debris on-site in tanks or containers for a period
not  exceeding  90 days provided that the tank or container is designed and
operated  in  compliance with subpart I (for containers) and subpart J (for
tanks)  of part 265. Today's rule revises Sec. 262.34, as proposed, to also
provide  this  exemption  to containment buildings designed and operated in
compliance with the subpart DD, part 265, standards also promulgated today.
G. Capacity Variance for Hazardous Debris

    In  the  May  15, 1992, Notice to Approve Hazardous Debris Case-By-Case
Capacity Variance, the Agency approved a generic, one year extension of the
LDR  effective date applicable to all persons managing hazardous debris (57
FR  20766).  For  the  purpose  of  the  extension, the term ''debris'' was
defined  as  set  out in the preamble to the June 1, 1990 Third Third final
rule.  See 55 FR 22650 and Sec. 268.2(g). Furthermore, the Agency indicated
that  it  will  explain  in the debris rule how a change in definition will
affect the case-by- case extensions.

    Although  in general, both definitions will identify the same materials
as debris, there are differences that may result in situations where either
definition  could  include  debris not included by the other. Of concern is
the  situation  where  someone  has entered into contracts for, or actually
initiated  the  process  of, removing for disposal debris which met the old
definition  but  does  not  meet  the current definition. To avoid possible
disruption  of  on-going  activities,  which  have  relied  on the previous
definition  of  debris,  the  Agency  will  allow the extension to apply to
materials meeting either definition through May 8, 1993.

H. Other Issues
1. Applicability of Standards to Contaminated Structures and Equipment

    a.Structures  and  Equipment  Contaminated  With  Hazardous  Waste  and
Intended  for  Discard  Are  Regulated Debris.As discussed above in section
V.B.1.a  of  the  preamble,  structures  and  equipment  contaminated  with
hazardous  waste  and  that  are  intended for discard are hazardous debris
subject  to  today's  treatment  standards. Thus, if a contaminated tank or
building  is  decontaminated  before demolition, the debris may not be land
disposed  unless the tank or building was decontaminated in compliance with
today's  treatment  standards. (We note that, as discussed above in section
F.2,  such treatment is subject to the permit standards unless conducted in
a tank, container, or containment building.)

    If  the contaminated structure or equipment is being decontaminated for
subsequent  use,  however, the structure or equipment is not debris and the
decontamination  is  neither  subject to today's debris treatment standards
nor  the  permit standards for hazardous waste management facilities. Thus,
cleaning a building that is in use is not treatment of debris.

    b.Treatment   Standards  for  Concrete  Pads  and  Walls  Intended  for
Discard.The  Agency  believes  that  concrete  pads and walls are typically
decontaminated using ''water washing'' techniques. These techniques include
the  following  technologies  specified  in today's rule: Abrasive blasting
using  water to propel abrasive media, high pressure steam or water sprays,
and water washing and spraying.

    We  note  that the performance standards for abrasive blasting and high
{pg  37243}  pressure water sprays require removal of 0.6 cm of the surface
because  these  are physical extraction technologies designed to remove the
surface  layer  of  the debris. The performance standards for water washing
and  spraying limits the thickness of the concrete to 3/8 inch because this
technology relies on chemical extraction (i.e., dissolving or removing with
surfactants)  of  contaminants  below  the concrete surface. If the treater
believes  that treatment to these performance standards is not necessary to
ensure  effective  treatment  to  residual levels of hazardous constituents
that  will  not  pose  a  hazard to human health and the environment absent
management  controls, the treater may: (1) Obtain a waiver of the standards
(e.g.,   the  thickness  limit  for  water  washing)  under  an  equivalent
technology  demonstration  under  Sec. 268.42(b); or (2) demonstrate to the
Agency  that  the  debris upon alternative treatment does not contain toxic
constituents under the contained-in principle codified in today's rule. See
discussion in section V.B.2.b above.

    c.Relation  of  Debris  Standards  to  Closure  Rules. Existing closure
standards    for    hazardous    waste    management   facilities   require
''decontamination''  of  contaminated  structures and equipment. See, e.g.,
Secs. 264.114 and 265.114. The precise meaning of decontamination presently
is  determined  on  a  case-by-case  basis through review of the facility's
closure plan. However, if such structures or equipment is also debris which
is  going  to  be  land  disposed,  which could often be the case, an issue
arises  regarding  the  relationship of the ''decontamination'' standard in
the closure rule and the treatment methods adopted in today's rule.

    The  Agency  believes  that the treatment methods in today's rule would
always  satisfy  the  decontamination  standard  in the closure provisions.
After  all, the purpose of these treatment methods is to decontaminate. EPA
also  interprets  the  land  disposal and closure rules to require that all
hazardous debris be treated to meet the debris treatment standards, even if
the  debris  is  generated  during  closure.  (Put  another way, the debris
standards  normally  would  be  appropriate  for  any debris generated as a
result of closure.)

    If the debris treatment standards appear to be inappropriate for debris
(such  as contaminated structures or equipment) generated during closure, a
site-specific  treatability  variance  pursuant  to  Sec.  268.44(h) may be
available.  The  Agency  believes  that  such a variance could be processed
administratively as part of the closure procedures.

2.  Mixing of Hazardous Waste or Contaminated Soil With Debris To Avoid the
Waste-Specific Treatment Standards Is Prohibited

    Today's  rule  prohibits  the  intentional mixing of hazardous waste or
contaminated  soil  with  debris to avoid the concentration-based treatment
standards for the waste or soil. The Agency is prohibiting such sham mixing
to  ensure  that  hazardous  waste and contaminated soil are treated to the
existing  treatment  standards  given  that  the waste fn 48 is amenable to
treatment to those levels and that the waste and soil are likely to be much
more  heavily  contaminated  with  hazardous  constituents than debris and,
thus, should be subject to such concentration-based treatment levels.

fn  48  We  note  that  the  Agency  is  concerned that the waste treatment
standards  may not be appropriate for soil contaminated with the waste and,
consequently  is  considering  proposing in summer 1992 treatment standards
for contaminated soil.

    The  prohibition on mixing applies to debris treated by any technology:
Immobilization  as  well  as extraction or destruction. Although the debris
treatment  standards  require  separation of the waste or contaminated soil
from debris treated by an extraction or destruction technology and that the
residue  must  meet  the  waste-specific  treatment standards for the waste
contaminating  the  debris,  the  treatment process itself could enable the
residue to meet the concentration-based waste treatment standards by virtue
of  dilution  during  treatment.  An  example  is  water  washing of debris
intentionally  mixed  with a prohibited listed waste. The water residue may
easily  meet  the  waste-specific  treatment standard by virtue of dilution
rather than treatment.

    We   note  that  this  prohibition  on  sham  mixing  does  not  affect
implementation  of  the  principle  discussed  above  in  section  V.B.1 to
classifying  mixtures  of debris with contaminated soil or waste as debris.
That  principle says that if debris is the primary material in a mixture by
volume based on visual observation, the mixture is subject to regulation as
debris.  Thus, for example, when debris is initially excavated in a mixture
of  debris  and  nondebris  materials,  and  debris is the primary material
present,  the  mixture is appropriately regulated as debris and sham mixing
has   not   occurred.  However,  if  debris  is  intentionally  mixed  with
contaminated  soil  or  hazardous  waste  (e.g., after excavation), and the
mixture  is regulated as debris by the application of the mixture principle
and subsequently immobilized, prohibited sham mixing has occurred.
3. Procedures for Demonstrating Equivalency of Alternative Technologies

    As   discussed  at  proposal,  existing  Sec.  268.43(b)  provides  the
generator  or  treater  an opportunity to demonstrate to the Agency than an
alternative  technology  can achieve the equivalent level of performance as
that  of  the  specified  treatment  method.  We  note  that  this variance
procedure  can  also  be  used  to demonstrate that one of the technologies
specified  in  today's  rule  can  be designed or operated under conditions
other than those established in Table 1, Sec. 268.45, to provide equivalent
treatment  (i.e., meet the performance standard for the technology) or that
a  specified  technology can treat hazardous contaminants to levels that do
not  pose  a  hazard  to human health and the environment absent subtitle C
control   without  achieving  the  performance  and  design  and  operating
standards established in Table 1.

    In  addition,  the  Agency  is  requiring in the treatment standards of
Table  1, Sec. 268.45, that treaters must make an Equivalency Demonstration
under  Sec.  268.43(b)  in  order for certain technologies to be considered
BDAT.  See  discussion  above  for  thermal desorption, biodegradation, and
chemical destruction.

VI. Capacity Determinations
    This  section  presents  the  data sources, methodology, and results of
EPA's  capacity  analysis  for  today's  newly listed wastes. Specifically,
section  VI  summarizes  the results of the capacity analysis for petroleum
refining  wastes  and  other  organic wastes; wastes mixed with radioactive
contaminants;  and  debris  contaminated with the newly listed wastes. Soil
and  debris  contaminated  with newly listed wastes for which standards are
finalized today will be addressed in future proposals.

    The  capacity analysis for the newly listed wastes for which the Agency
is  today  promulgating  treatment standards relied on information obtained
from  several  sources. Primary data sources include the National Survey of
Hazardous Waste Treatment, Storage, Disposal, and Recycling Facilities (the
TSDR  Survey),  the  National  Survey  of  Hazardous  Waste Generators (the
Generator  Survey),  data  received in response to the proposed rule (57 FR
957),  data  received in response to the ANPRM for the Newly Identified and
{pg  37244}  Listed  Wastes  (56 FR 24444), data received in voluntary data
submissions,  and  information  requests  authorized  under section 3007 of
RCRA.

    EPA   conducted  the  TSDR  Survey  during  1987  and  1988  to  obtain
comprehensive  data  on  the nation's capacity for managing hazardous waste
and  on  the  quantities  of  hazardous  waste being land disposed. For the
capacity  analysis,  EPA used the TSDR Survey information on the quantities
of  waste streams managed in land- disposal units and requiring alternative
treatment/recovery  due  to the land disposal restrictions and on available
capacity of hazardous waste management technologies.

    EPA  conducted  the  Generator  Survey  in  1987. This survey requested
information  on  waste  quantities  and  waste characteristics of hazardous
waste  generated,  and  provided  capacity  information  for facilities not
included in the TSDR Survey.

A. Capacity Analysis Results Summary

    Table  VI.A.1  lists  each  waste  code for which EPA is finalizing LDR
standards  today.  For  each  code,  this  table  indicates  whether EPA is
granting  a  national  capacity  variance  for surface-disposed or deepwell
disposed  wastes.  As  indicated  in  this  table,  the  Agency is granting
two-year  national  capacity  variances  only for petroleum refining wastes
generated  as  a  result  of cleanouts or closures of surface impoundments,
debris contaminated with newly listed wastes, and mixed radioactive wastes.
EPA    is    granting   a   one-year   national   capacity   variance   for
routinely-generated  petroleum  refining  wastes.  EPA  is  also granting a
3-month  national  capacity  variance,  extending  the  effective  date  to
November 9, 1992, for compliance with the treatment standards for all newly
regulated  waste  codes,  F001-F005  revised treatment standards, converted
wastewater  standards  that  had been based on scrubber water, and the HTMR
generic  exclusion standards. This extension would not apply to wastes with
a  specified  longer  national  capacity  variance.  EPA  is  delaying  the
effective  date  for  all  newly  regulated  waste codes because the Agency
realizes  that  even where data indicate that sufficient treatment capacity
exists, it is not immediately available. Additional time may be required to
determine  what  compliance  entails, redesign tracking documents, possibly
adjust  facility  operations,  and  possibly  segregate  wastestreams which
heretofore had been centrally treated. EPA believes these legitimate delays
are encompassable within a short-term capacity variance because part of the
notion  of available capacity is the ability to get wastes to the treatment
capacity  in  a lawful manner. The Agency is dating this capacity extension
from  November  9, 1992, rather than date of signature due to unanticipated
delays in the publication of this rule in theFederal Register.
 Table VI.A.1.-Summary of Capacity Variance Decisions for Newly
 Listed Wastes

 Waste code     F037-removed from S.I. sup a
 Variance for surface-disposed wastes?     2-year
 Variance for deepwell-disposed wastes?     No.

 Waste code     F038-removed from S.I. sup a
 Variance for surface-disposed wastes?     2-year
 Variance for deepwell-disposed wastes?     No.

 Waste code     F037-managed in S.I. sup b
 Variance for surface-disposed wastes?     2-year
 Variance for deepwell-disposed wastes?     No.

 Waste code     F038-managed in S.I. sup b
 Variance for surface-disposed wastes?     2-year
 Variance for deepwell-disposed wastes?     No.

 Waste code     F037-Routine
 Variance for surface-disposed wastes?     1-year
 Variance for deepwell-disposed wastes?     No.

 Waste code     F038-Routine
 Variance for surface-disposed wastes?     1-year
 Variance for deepwell-disposed wastes?     No.

 Waste code     K107
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     K108
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     K109
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     K110
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     K111
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     K112
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     K117
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     2-year.

 Waste code     K118
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     2-year.

 Waste code     K123
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     K124
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     K125
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     K126
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     K131
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     2-year.

 Waste code     K132
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     2-year.

 Waste code     K136
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     U328
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     U353
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     U359
 Variance for surface-disposed wastes?     No
 Variance for deepwell-disposed wastes?     No.

 Waste code     Mixed Rad. Waste
 Variance for surface-disposed wastes?     2-year
 Variance for deepwell-disposed wastes?     No

 Waste code     Hazardous Debris
 Variance for surface-disposed wastes?     2-year
 Variance for deepwell-disposed wastes?     No.

  sup a F037 and F038 wastes from cleanout and closure of surface
 impoundments.

  sup b F037, and F038 managed in surface impoundments.

8. Available Capacity
    The  analysis  of  commercial capacity for newly listed wastes is based
primarily  on data from the TSDR Survey capacity data set, data received in
response  to  previous  LDR  notices  and regulations, and data received in
voluntary  data  submissions. Analysis of data from these sources indicates
that  sufficient  commercial  capacity  is  currently  available  for newly
identified   wastes  requiring  wastewater  treatment,  stabilization,  and
combustion  of liquids with exception of deepwell injected K117, K118, K131
and  K132.  However, commercial capacity for combustion of sludges, solids,
and  debris  is  limited  for some newly identified wastes. The analysis of
commercial  combustion  capacity  discussed in this section focuses on F037
and  F038 sludges and solids because these wastes represent the majority of
the  waste  volumes  affected by today's rule. Specific capacity issues for
the  newly  listed  K  and  U wastes being regulated today are discussed in
section  VI.C.2  of  this preamble. Debris is amenable to some, but not all
types  of sludge and solid combustion capacity, and is discussed in greater
detail  in  section  VI.E. Table VI.B.1 summarizes available commercial {pg
37245} treatment capacity for newly listed wastes.

    EPA's analysis of commercial combustion capacity for sludges and solids
has  historically  focused  on  the  broad  capacity categories of liquids,
sludges, and solids. Several commenters felt that these capacity categories
do not adequately represent the diversity of combustion systems included in
each  category.  Therefore,  to  improve  the  precision  of its combustion
capacity  analysis,  EPA  has divided sludge/solid combustion capacity into
seven  categories.  EPA's  capacity  analysis  for  fixed  site  commercial
hazardous  waste  incinerators  separately addresses capacity from pumpable
sludge,  nonpumpable  sludge,  containerized  solid,  and  bulk  solid feed
systems.  EPA's  capacity  analysis  for  cement  kilns that burn hazardous
wastes  as  fuel  separately  addresses capacity from sludge, containerized
solid, and dry solid feed systems.

    EPA  recognizes  that  this  type  of  categorization  is  increasingly
important  as  the  commercial combustion industry matures and firms employ
different  combustion  and  fuel  substitution  technologies  (i.e., cement
kilns)  to  accommodate  different  types of wastes entering the commercial
market.   EPA   also   recognizes  that  individual  feed  system  capacity
constraints   must   also   be  consistent  with  overall  system  capacity
constraints,  such  as  heat  release from a kiln. The relationship between
overall  system  constraints  and  individual  feed  system  constraints is
complicated  by the fact that, within the overall system limits, limits for
one  type  of  feed  system  (e.g.,  containerized solids) may be raised by
reducing  the  amount  of  another  type  of  feed (e.g., bulk solids). EPA
emphasizes that its capacity analysis is conducted on a national level, and
that though the Agency speaks generally about which systems are more likely
to  be  used for newly identified petroleum refining wastes, this rule does
not preclude these wastes from going through other systems.
 Table VI.B.1.-Available Commercial Treatment Capacity for Newly
 Listed Wastes

 Technology     Biological Treatment
 Available capacity (tons/year)     188,000

 Technology     Chemical Precipitation
 Available capacity (tons/year)     813,000

 Technology     Combustion of Liquids
 Available capacity (tons/year)     526,000

 Technology     Combustion of Sludges and Solids

 Cement Kilns: Sludges
 Available capacity (tons/year)     14,000

 Cement Kilns: Containerized Solids
 Available capacity (tons/year)     83,000
 Cement Kilns: Dry Solids
 Available capacity (tons/year)     24,000

 Incineration: Pumpable Sludges
 Available capacity (tons/year)     51,000

 Incineration: Nonpumpable Sludges
 Available capacity (tons/year)     1,000

 Incineration: Containerized Solids
 Available capacity (tons/year)     41,000

 Incineration: Bulk Solids
 Available capacity (tons/year)     23,000

 Technology     Stabilization
 Available capacity (tons/year)     1,204,000

    This  section  discusses  EPA's  assessment  of capacity in each of the
seven  categories, the waste characteristics that affect whether a waste is
generally  amenable  to  the  category, and pretreatment processing that is
generally  required.  A  comparison  of available and required capacity for
F037 and F038 sludges and solids can be found in section VI.C.

I. Incineration Capacity

    In response to the proposed rule, EPA received comments relating to the
high   demand   for   incineration  capacity  and  a  general  shortage  of
incineration  capacity.  However,  EPA's  analysis  of  detailed  data from
specific  incinerators  revealed that there is some commercial incineration
capacity  available.  One  commenter  remarked  that incinerators have less
capacity  for  high  BTU wastes. EPA recognizes that the heating value of a
waste  affects  an incinerator's throughput capacity for the waste when the
incinerator  is  constrained  by  its  heat  input to the unit (e.g., if an
incinerator  is  limited  to 10 million BTU/hr, it could either feed 10,000
lb/hr  of waste with a heating value of 1,000 BTU per pound or 5,000 pounds
per  hour  of  a  waste  with  a heating value of 2,000 BTU per pound). EPA
believes  that  wastes  with heating values above about 5,000 BTU per pound
will  increasingly  be  sent to cement kilns for use as fuel. This issue is
particularly  important for bulk solid systems that are designed for soils,
which  have  very  low  heating  values. To the extent that mass throughput
limits  are  based  on  the  incinerators  heat  release limits, using mass
throughput estimates (e.g., for bulk solids) based on large amounts of soil
in the feed mix, could overestimate the mass throughput capacity for wastes
with  higher  heating  values  than  soil,  such as F037 and F038. For this
reason,  EPA  has  revised  its  capacity estimate for certain incinerators
whose  estimates in the proposed rule were based on a waste feed blend with
a  very  low  heating  value.  EPA  believes  that a significant portion of
routinely  generated  F037 and F038, and an even larger portion of F037 and
F038  from  surface  impoundment  cleanouts,  will require incineration (as
opposed to cement kiln) capacity.

    EPA  has  identified  51,000  tons per year of pumpable sludge capacity
available  at  incinerators.  Pumpable  sludge  systems rely on wastes with
sufficient  liquid  content  to  facilitate the flow of materials. Pumpable
sludge  systems  use direct injection, sludge lances, positive displacement
pumps  and cement pumps to feed sludges to the incinerator. EPA is aware of
at least one facility processing K048-K052 in this manner. In general, F037
and F038 would have to be reslurried, or would have to bypass dewatering at
the  point of generation to be handled through pumpable sludge systems. The
primary  constraints  on  use  of  this  capacity for F037 and F038 are the
viscosity,  particle  size,  ash  content, and abrasiveness of the sludges.
Therefore, EPA does not believe that pumpable sludge systems will receive a
large  portion  of the nation's F037 and F038 waste streams, because of the
problems discussed above. Additional technical developments and operational
experience  are  needed to allow these systems to routinely handle F037 and
F038 wastes. Based on EPA's experience observing the progress at commercial
combustion  facilities,  EPA  believes  obtaining  permit modifications and
developing the technical and operational experience to routinely handle new
wastes will take six to twelve months.

    EPA  has  identified 1,000 tons per year of nonpumpable sludge capacity
available  at incinerators. Nonpumpable sludge systems use ram feed systems
to  feed  sludges to the incinerator. Wastes fed in this manner are limited
by  extremely  high or low BTU, tramp object size, and the presence of free
liquids.  The  primary  constraints are overall availability, aggravated by
generally  high  maintenance requirements. Again, EPA does not believe that
nonpumpable  sludge  systems  will  receive a large portion of the nation's
F037  and  F038  waste  streams because there are few of them and they will
require  time to develop the technical and operational experience needed to
handle routinely-generated F037 and F038 petroleum refining wastes.

    EPA  has  identified  34,000  tons  per  year  of  containerized solids
capacity  available  at incinerators. Containerized solids systems use ram,
elevator  or  drop  feed  systems  to  feed  metal drums and fiber packs to
incinerators.  Metal  drum  systems  generally  require  shredders.  Wastes
appropriate  for this capacity are limited by water content and high or low
BTU  extremes.  Utilization  of  this {pg 37246} capacity depends on wastes
being  packaged  into drums, which is technically feasible, but systems for
packaging  petroleum  refining  wastes  for  incinerators  are  not  widely
available.   Containerization   capacity  could  be  added  at  generators,
incinerators or intermediate processors. EPA believes obtaining storage and
operating  permits,  as well as construction and startup of packaging units
will   take   six   months  to  one  year.  Therefore,  EPA  believes  that
containerized  solids  systems  will  not  receive  a  large portion of the
nation's  F037  and  F038 waste streams because of the time needed to bring
these  systems  on  line  and  operate them routinely on petroleum refining
wastes F037 and F038.

    EPA  has  identified  23,000  tons  per  year  of  bulk solids capacity
available  at  incinerators.  Bulk  solids  systems generally use clamshell
cranes  or  drop feed systems (possibly with shredders) to feed bulk solids
into  incinerators.  EPA  is  aware  of four incinerators currently burning
petroleum  refining  wastes  as bulk solids. The primary constraints on the
bulk  solids  system  are  extremes  of  high  and  low  BTU,  object size,
abrasiveness,  the  presence  of  free liquids, high system maintenance and
limited  number  of  installed  systems.  F037  and  F038  would have to be
dewatered in order to be amenable to this type of capacity. The ability for
bulk  solids  feed  systems  to process large quantities of wastes directly
from  roll-off  bins  makes  bulk  solids  capacity  the  most suitable for
petroleum refining wastes with low to moderate BTU values.

    Much of the nation's bulk solids incineration capacity has come on line
fairly  recently  and  continues  to  face  some  technical  and regulatory
obstacles.  Two  of the incinerators that provide bulk solids capacity have
entered  that  market  in the past year, and another is still modifying its
system  to  bring  its  actual  throughput  capacity  closer  to its design
capacity.  Historical  experience with new commercial incineration capacity
and  the unique technical challenges posed by bulk solids feed systems make
commissioning  and  maintaining  new  commercial  bulk  solids incineration
capacity  highly  uncertain.  Based  on  the  uncertainty  of  final permit
approval,  EPA  revised  its  capacity  estimates to exclude an incinerator
which  has  not  yet received final approval to continue full operation and
needs a permit modification for F037 and F038 wastes. EPA estimates it will
take  six  to  twelve  months for this facility to be fully operational for
handling  F037  and F038 wastes. EPA also considered the uncertainty in its
estimates  of  current  capacity in its variance decision for F037 and F038
wastes.

2. Cement Kiln Capacity
    Several  commenters  were  concerned  about EPA's intention to consider
cement  kiln  combustion  capacity,  citing the low BTU content of F037 and
F038.  Cement  kilns generally require that their solid wastes contain more
than  5,000  or  6,000  BTU  per pound. Based on available information, EPA
estimates  that  roughly half of the routinely generated F037 and F038 sent
off  site  will have a BTU value sufficient for combustion in cement kilns.
On  the  other  hand,  EPA  believes  that F037 and F038 generated from the
removal of hazardous wastes from surface impoundments will have a lower BTU
value and are more likely to be treated in incinerators.

    EPA has identified 14,000 tons of sludge capacity available per year at
two cement kilns. One commenter reported that no cement kilns are accepting
sludges,  but EPA is aware of these two. Cement kiln sludge systems rely on
slurrying wastes and feeding them through primary fuel ports. F037 and F038
would  have  to be reslurried, or bypass dewatering. The primary constraint
on the use of this capacity for petroleum refining wastes is the difficulty
of suspending large amounts of solids in liquid while maintaining high BTU.
However,  EPA  recognizes  the  limitations  of this capacity for petroleum
refining  sludges,  and  believes that cement kiln sludge capacity will not
receive  a  large  portion  of  the  national  F037 and F038 waste streams.
Additional  technical developments and operational experience are needed to
allow  these systems to routinely handle F037 and F038 wastes. EPA believes
these changes will take six to twelve months.

    EPA  has  identified  83,000  tons  of  containerized  solids capacity,
primarily  at  four  cement kilns. Cement kiln containerized solids systems
use  drop  feed  systems to feed pails and bags containing hazardous wastes
into  the  ''cold''  midsection  of  the  kiln (the calcining zone). Wastes
packaged  into bags must generally be thermally dried to a water content of
5  to 25 percent. As is generally true for cement kilns, wastes are limited
by BTU value. The primary constraints on the use of this capacity appear to
be  dewatering  and packaging capacity. One commenter is concerned that the
facilities  identified  by  EPA as having containerized solids capacity are
close  to  100  percent utilized. After further analysis, EPA stands by the
estimates  prepared for the proposed rule. Three of the facilities included
in  this  estimate  routinely  accept  petroleum refining wastes, and as of
September  1991,  one was pursuing a permit modification to be able to burn
K048-K052 and F037 and F038. EPA believes that containerized solids systems
at  cement  kilns  will be the preferred route for most routinely generated
petroleum  refining  wastes, and has relied heavily on these systems in its
capacity analysis for F037 and F038.

    Cement  kilns  are  continuing  to  increase  their  capacity  to  burn
hazardous  wastes, and technical advancements in feed systems are producing
especially   significant   increases  in  capacity  for  solids.  Estimated
containerized  solids  capacity  has  roughly doubled since the Third Third
rule.  Because  much  of the available capacity for F037 and F038 wastes is
new  capacity,  EPA is concerned that additional technical developments and
operational  experience  are  needed  to  allow  these  systems  to  handle
routinely   generated   F037   and  F038  wastes.  Additionally,  there  is
considerable  uncertainty whether cement kilns will continue to provide the
same capacity as they modify their equipment and operations to meet interim
status  requirements  of  the  BIF rule (56 FR 7134, February 21, 1991). To
comply  with BIF rule interim status requirements, cement kilns must meet a
20  ppm  hydrocarbon emission limit or establish an alternative limit based
on  baseline  hydrocarbon  emission  rates when the facility is not burning
hazardous  wastes.  Based  on  information  from  the  cement industry, EPA
believes  that some cement kilns will have trouble meeting the 20 ppm limit
or  establishing a baseline due to variable hydrocarbon levels in their raw
materials.  If  one  of the major cement facilities providing containerized
solids  capacity  is  forced  to  cease  operations, it would cause a major
disruption to the commercial hazardous waste combustion system, by removing
as  much  as  35,000  tons  per year of capacity, leaving the net available
capacity  close to the amount of routinely generated F037 and F038 that are
amenable  to  cement  kilns. As discussed in Section VI.C., nearly half the
routinely  generated  F037  and  F038 wastestream is not amenable to cement
kilns,  and  there  is  insufficient  bulk  solids  capacity to handle this
quantity.  Due to these potential problems, EPA is reluctant to set the LDR
effective  dates  such  that  large  quantities  of new wastes would be {pg
37247} introduced into the combustion systems immediately.

    EPA  has  identified  24,000  tons  of  dry  solids  capacity available
primarily  at  two  cement  kilns. Dry solids systems use pneumatic systems
that  convey  dried  materials to the ''hot'' end of the kiln. Wastes going
through  this  feed  mechanism  are  generally  limited by their BTU value,
moisture  content,  and  ability  to  form freeflowing solid particles. The
primary  constraint  on the use of this capacity for combustion of F037 and
F038  is the availability of thermal drying capacity, which is necessary to
reduce  the  moisture content to between 5 and 25 percent water. Commenters
on  the proposed rule noted that petroleum refining sludges, even if dried,
may  be  too  ''tacky''  for this type of feed system. EPA agrees that some
F037  and  F038  wastes  may  not  be  amenable  to dry solids systems, and
believes  that  dry  solids systems will not receive a large portion of the
nation's  F037  and  F038 waste streams. EPA is aware of several refineries
that are using or planning to use thermal desorption and solvent extraction
to  meet  BDAT  standards  for  F037 and F038 wastes, and has accounted for
existing on-site units by decreasing its estimates of demand for commercial
treatment   technologies.   While  these  technologies  are  not  currently
commercially  available,  EPA  is  aware  of other refineries exploring the
possibility  of  building  them  on-site.  The  one-year  national capacity
variance will allow time for on-site development of these technologies.

C. Petroleum Refining Wastes and Other Organic Wastes

    This  section  presents  the capacity analysis for today's newly listed
petroleum refining wastes and other organic wastes.

1. Required Capacity for Petroleum Refining Wastes (F037 and F038)

    EPA is promulgating concentration levels as the treatment standards for
wastewater  and  nonwastewater  forms  of  F037  and  F038.  F037  and F038
nonwastewater standards are based on a transfer of the existing performance
data  for  K048-K052  (55  FR 22520, June 1, 1990). Nonwastewater treatment
standards  for  F037  and  F038  wastes are based on solvent extraction and
incineration for organic constituents, and stabilization for metals. EPA is
also  promulgating standards for wastewater forms of F037 and F038 based on
the  standards for multi-source leachate (F039). That is, for F037 and F038
wastewaters,  the  standards are based on biological treatment; or, wet air
or  chemical  oxidation  followed  by  carbon  adsorption for organics; and
chemical precipitation for metals.
    The  capacity  analysis for the F037 and F038 petroleum refining wastes
was  conducted  using  information collected from a number of data sources.
The   primary   data   sources  include  data  submitted  voluntarily  from
refineries,  the  F037  and  F038  Regulatory Impact Analysis (RIA) for the
listing  of  the  F037  and  F038  wastes, the Petroleum Refinery Data Base
(PRDB),  the  TSDR  Survey,  the  Generator Survey, and the public comments
submitted in response to the proposed rule (57 FR 958, January 9, 1992).

    The  RIA was prepared by EPA in 1990 in support of the listing rule for
F037  and  F038 wastes (55 FR 46354). The RIA includes an industry overview
and profile of facilities affected by the listings, an analysis of baseline
waste  management  practices, and regulatory compliance scenarios. The PRDB
is  based on a mail survey conducted by EPA in 1983 and has been updated to
contain  1985  refining  information.  The TSDR Survey and Generator Survey
were  discussed  previously  (in  the  introduction  to Section VI). Public
comments  submitted in response to the proposed rule present an overview of
how  industries would be affected by the land disposal restriction of newly
listed F037 and F038 wastes.

    EPA  also  used several supplemental data sources: two reports prepared
by  Midwest  Research  Institute  (MRI),  which  support  the F037 and F038
listing  and  the  Toxicity  Characteristic  (TC)  rule and which summarize
sampling  and  analysis  data  collected  by  EPA for 16 petroleum refining
facilities;  no-migration  petitions  submitted by petroleum refineries for
land  treatment  units;  and  the California Hazardous Petroleum Waste Data
Base,  which  contains  information  on  wastes  that fit the F037 and F038
definition.

    Using  the  available  data and the Agency's best engineering judgment,
EPA  estimated  F037  and F038 waste quantities based on current management
practices  and identified options for alternative management due to the LDR
requirements. EPA derived demand estimates for two sources of F037 and F038
wastes:  (1)  Quantities  from  routine generation of F037 and F038 wastes,
and;  (2)  quantities  from  the  cleanout  or closure of remaining surface
impoundments.  The  Agency  also  developed  estimates of available on-site
treatment/recovery   capacity   and   evaluated  information  submitted  by
refineries   and   treatment   technology   vendors  on  the  viability  of
constructing on-site treatment/recovery capacity and the time that would be
required to make such additions.

    In the proposed rule (57 FR 958, January 9, 1992), EPA assumed that all
F037  and  F038  wastes would be removed from surface impoundments prior to
May  1992.  Wastes  that  remain  in surface impoundments after May 8, 1992
would  not  be  removed,  but  would  be disposed of in place- that is, the
surface  impoundment  would close as a landfill. Commenters on the proposed
rule  agreed with estimates of routine generation. However, many commenters
provided  data  that  surface  impoundments would not be cleaned out by May
1992.  Additionally, many comments indicated that many surface impoundments
would  not  close as landfills after May 8, 1992, but would be cleaned out.
Upon reassessment, EPA agrees with the commenters that F037 and F038 wastes
are  still being generated from surface impoundment cleanouts and closures.
For today's final rule, therefore, EPA conducted separate capacity analyses
for F037 and F038 generated routinely and F037 and F038 wastes from surface
impoundments.

    a.Routine  Generation.  For  the  purpose of the F037 and F038 capacity
analysis,  routinely  generated  F037  and F038 wastes are wastes generated
from  tanks,  including wastes from equalization tanks and oil/water/solids
separators  (such  as  CPI  separators  and  IAF  units)  that  are not API
separators  or  DAF units. EPA estimates that approximately 69,000 tons per
year  of  dewatered  F037  and  F038  wastes  (nonwastewaters) from routine
treatment  of  petroleum  refinery  wastewaters  will  require  alternative
treatment  due  to  the LDRs. Based on information from public comments and
engineering  judgement,  EPA estimates that 41,000 tons of per year of this
69,000  tons  will  be  high heat content wastes (i.e., equal to or greater
than  5,000  Btu/lb)  and  would  likely  be  managed  at  cement  kilns as
containerized  solids,  and 28,000 tons per year of low heat content wastes
(i.e.,  less than 5,000 Btu/lb) would be managed in the form of bulk solids
at  incinerators.  For the reasons described in section VI.B., EPA believes
that  cement  kilns  and  incinerators will not have sufficient capacity to
treat  the quantity of routinely generated F037 and F038 wastes; therefore,
the  Agency  is  granting  a  one-year  national  capacity  variance to all
routinely  generated  F037  and  F038  waste. This variance allows time for
cement  kilns  to  comply with interim status requirements of the BIF rule,
and  for  additional  bulk  solids  incineration  {pg  37248}  capacity and
capacity  of  other  treatment  and  recycling  technologies (e.g., solvent
extraction  and  thermal  desorption) to come online to meet the demand for
treatment from routinely generated F037 and F038.

    b.Generation  from  Surface  Impoundment  Cleanouts  and  Closures. The
Agency  also  considered  the  accumulated  sludge  quantities  in  surface
impoundments.   Many   of  these  wastes  are  generated  in  unretrofitted
impoundments  (i.e.,  impoundments  not  satisfying  the minimum technology
requirements specified in sections 3004(o) and 3005(j)(11)), and would thus
be  land  disposed  in  a  prohibited  manner.  These  impoundments  can be
retrofitted   or   replaced  with  tank  systems,  but  according  to  many
commenters,  petroleum refineries may not be able to do so by the effective
date  of  this  rule,  or  for  some  time  thereafter.  See  RCRA  section
3005(j)(6),  which  allows  four  years  from promulgation date of the rule
identifying  or  listing  the  wastes  to  retrofit  or  close impoundments
receiving  newly  identified  or  listed  wastes  (and  no  other hazardous
wastes).  Since  most of these surface impoundments also accumulate organic
toxicity characteristic (TC) wastes, identified as hazardous in March 1990,
the  refineries  have  to retrofit or close the impoundments by March 1994.
Some impoundments may be granted a delay of closure (see 40 CFR 265.113 and
40  CFR 264.113) and thus will be allowed to remain in operation, providing
that  hazardous  wastes  (e.g.,  F037  and F038 wastes) are removed and the
impoundment is used for non-hazardous wastes. For surface impoundments that
do not close by May 1992, EPA estimates that 173,000 tons of dewatered F037
and  F038  wastes  will  be  generated from impoundment closure or cleanout
between June 1992 and June 1993, and 99,000 tons between June 1993 and June
1994.  These  quantities will require alternative treatment to meet the LDR
treatment standards.

    Commenters  indicated  that F037 and F038 wastes generated from surface
impoundment  closures  are  generally  of lower heat content than routinely
generated  F037 and F038 wastes. EPA agrees with this comment; therefore, a
larger  proportion  of  surface  impoundment generated wastes would require
incineration.  Based  on  a  follow-up  analysis  of  public  comments  and
engineering  judgement,  EPA  estimates  that  of  the  total  173,000 tons
generated  between  1992  and  1993,  112,000 tons will be low heat content
waste  requiring incineration for nonpumpable sludge or bulk solids. Of the
99,000  tons  generated between 1993 and 1994, 64,000 tons will be low heat
content wastes requiring incineration for bulk solids. Because incineration
capacity  for  bulk  solids that could accommodate these wastes before they
are  land  disposed  is  not  adequate, EPA is granting a two-year national
capacity variance for F037 and F038 wastes from surface impoundments.

    The  lack  of alternative storage/treatment capacity raises two issues.
The  first  is  that  during  the  period  of a national capacity variance,
restricted  wastes  disposed  in surface impoundments can only be placed in
impoundments   meeting  the  minimum  technology  requirements  of  section
3004(o).  See Sec. 268.5(h), RCRA section 3004(h)(4) andMobil Oilv.EPA, 871
F.  2d  149  (D.C.  Cir. 1989). The second issue is that section 3005(j)(6)
states  that  impoundments  receiving  newly identified or listed hazardous
wastes  have  up to four years from the date of promulgation of the rule to
retrofit  or  close  the  impoundment. As was described in section IV.H. of
today's  preamble, EPA believes that these provisions are in irreconcilable
conflict,  and,  accordingly, EPA has significant discretion in determining
how  best to interpret them. The Agency is promulgating that in the case of
wastes  subject to a national capacity variance, that impoundments managing
such  wastes  (and  no other wastes subject to an earlier prohibition) have
four  years  from the date of the identification or listing (i.e., the date
identifying or listing of the wastes is promulgated, not the effective date
of the rule, see section 3005(j)(11)) to retrofit or close.

    Although  land  disposal  in  impoundments remains necessary during the
four-year  period  allowed by statute for retrofitting, the Agency proposed
that  these surface impoundment wastes be removed and sent for the mandated
treatment if adequate treatment capacity existed (section 3005(j)(5)). Some
comments   received  in  response  to  this  proposal  indicate  that  some
refineries  may  not  be  able  to  remove  waste from surface impoundments
without  first removing the impoundment from service, which would interrupt
refinery  operations  and  possibly  affect  oil  and solids loading on the
wastewater treatment system, potentially exceeding NPDES permit limits. EPA
agrees  with  these  comments  and  is  therefore not requiring such annual
cleaning of surface impoundments.

    In addition, EPA proposed that impoundments must be clean closed. EPA's
intent  was  to  mandate  removal  of  prohibited  wastes  at closure to be
consistent  with  the  statutory  intent  to treat wastes where capacity is
available  and  not to dispose of untreated wastes in surface impoundments.
(Where  there  is available treatment capacity, the strong statutory policy
is  to  treat  hazardous wastes rather than allow them to be land disposed.
See RCRA sections 1002(7) and 1003 (4), (5), and (6).)

    EPA received comments opposing the requirement of clean closure, citing
acceptable  alternative  to clean closure, such as closure in place (40 CFR
265.228(a)(2)  and  40  CFR  264.228(a)  (2)),  delay  of  closure  (40 CFR
265.113(d)(e) and 40 CFR 264.113(d)(e)), and other closure options. EPA has
considered  these  alternative closure practices and is allowing owners and
operators  of  petroleum refineries the same flexibility available to other
surface  impoundment  owners and operators. Therefore, EPA is not requiring
that  owners  and operators of surface impoundments remove wastes when they
close. If owners or operators remove wastes from surface impoundments after
the  expiration  of  the  two-year national capacity variance, and they are
unable   to   identify   adequate  treatment  capacity,  they  may  seek  a
case-by-case  extension  to  the  effective  date of the LDR prohibition as
stipulated under 40 CFR 268.5.

    One  commenter  disagreed  with  EPA's  proposal  to  allow  owners and
operators  to  generate  F037  and F038 in unretrofitted impoundments. This
commenter mentioned that their member companies had received a large number
of  inquiries  concerning  the  closure  and replacement of leaking surface
impoundments, but that this interest declined as it became clearer that EPA
was  likely  to  allow  them  the  maximum  amount of time to retrofit. The
commenter believes that owners and operators will take as much time as they
are given to comply with the minimum technology requirements. The commenter
therefore  believes  that  no  capacity  shortfall exists, just a perceived
''difficult'' burden exists for closing surface impoundments. EPA disagrees
with this comment. As indicated in today's preamble, EPA believes that four
years  from  the date of promulgation of the listing or characteristic is a
reasonable   period  within  which  owners  and  operators  can  come  into
compliance with the minimum technology requirements.

    c.Capacity Analysis Summary for F037 and F038 Wastes. As stated earlier
in  this  section,  the capacity analysis was conducted separately for F037
and  F038  wastes  routinely  generated  and  for F037 and F038 wastes from
surface  {pg 37249} impoundments. The estimate for routinely generated F037
and  F038  waste  generation requiring alternative treatment is 69,000 tons
per   year   (nonwastewaters).   EPA   has  no  data  indicating  that  any
land-disposed wastewaters will require alternative treatment, and therefore
EPA  assumed  this  quantity  to be zero. Based on the estimate that 69,000
tons  per  year  of dewatered routinely generated F037 and F038 wastes will
require  alternative  treatment,  and  the  determination that insufficient
capacity  exists  to  treat  these wastes in the next year, EPA is granting
routinely  generated  F037  and  F038  wastes  a one-year national capacity
variance.   This   variance  expires  on  June  30,  1993,  one  year  from
promulgation  of the LDR prohibition for these wastes (RCRA 3004(h) (1) and
(2)). (EPA notes that it is dating the national capacity variance for these
wastes  from  the date the prohibition took effect, rather than the date of
publication, since the record does not support any longer extension).

    EPA  has  estimated that cleanouts and closures of surface impoundments
will  generate  100,000  tons  of low heat content wastes generated between
1992  and  1993  and  91,000  tons generated between 1993 and 1994. Because
existing  capacity  at  bulk  solid incineration systems is insufficient to
treat  F037  and  F038  wastes from surface impoundments, EPA is granting a
two-year national capacity variance for these wastes. This variance expires
on  June  30, 1994, two years from promulgation of the LDR prohibition, the
maximum extent allowed by law (RCRA 3004(h)(2)).

2. Required Capacity for Other Newly Listed Organic Wastes

    This  section  presents  EPA's  analysis of required capacity for other
newly  listed  organic wastes (surface disposed) including organic U waste,
unsymmetrical  dimethylhydrazine  (UDMH) wastes, toluene diisocyanate (TDI)
wastes,  ethylene  dibromide (EDB) wastes, ethylenebisdithiocarbamic (EBDC)
wastes, and methyl bromide wastes.
    a.Unsymmetrical Dimethylhydrazine (UDMH) Production Wastes (K107, K108,
K109, K110).

K107-Column   bottoms  from  product  separation  from  the  production  of
1,1-dimethylhydrazine from carboxylic acid hydrazides

K108-Condensed  column  overheads  from  product  separation  and condensed
reactor  vent  gases  from  the  production  of  UDMH  from carboxylic acid
hydrazines

K109-Spent  filter cartridges from product-purification from the production
of UDMH from carboxylic acid hydrazines

K110-Condensed  column  overheads from intermediate separation from product
purification from the production of UDMH for carboxylic acid hydrazines

    For  UDMH  wastes,  EPA  is  promulgating incineration as the method of
treatment  for  nonwastewaters,  and incineration, or chemical oxidation or
biodegradation  followed  by  carbon adsorption as methods of treatment for
the wastewaters.

    EPA listed four UDMH wastes (K107, K108, K109, K110) that are generated
from   the   production   of   UDMH  (unsymmetrical  dimethylhydrazine,  or
1,1-dimethylhydrazine) from carboxylic acid hydrazides. Also, some of these
wastes  are ignitable or corrosive and as such are currently subject to LDR
standards.

    Generation  and  management  information concerning the UDMH wastes was
collected  by EPA during 1990 and early 1991 under the authority of section
3007  in  RCRA.  This capacity analysis incorporates data from that section
3007 information request.

    The   response  to  the  section  3007  request  noted  that  the  only
manufacturer  who  used  the proprietary process generating UDMH wastes has
ceased  UDMH  production.  Therefore,  the Agency assumes that no UDMH will
require treatment prior to land disposal.

    Based  on  available data, EPA believes that sufficient capacity exists
for treatment of the UDMH wastes; therefore, EPA is not granting a national
capacity   variance   for  K107,  K108,  K109,  and  K110  wastewaters  and
nonwastewaters.

    b.2-Ethoxyethanol (U359). For U359, EPA is promulgating incineration or
fuel substitution as methods of treatment standards for the nonwastewaters,
and  incineration,  or chemical oxidation followed by biological treatment,
carbon  absorption, or biodegradation followed by carbon adsorption for the
wastewaters.

    Generation  and  management  information concerning the U359 wastes was
collected  by EPA during 1990 and early 1991 under the authority of section
3007  in  RCRA.  This capacity analysis incorporates data from that section
3007 information request.

    The  Agency  estimates  that less than 500 tons of U359 wastewaters are
being  land  disposed and will require further treatment as a result of the
LDRs. Most of the U359 waste generated in 1989 was incinerated on-site, and
the  remainder  (less  than  one  percent)  was  incinerated  off-site.  In
addition,  unspecified  and  variable  quantities  of  untreated wastewater
contaminated  with  U359  are  reportedly  generated  on  occasion  at  one
generator's   facility;   however,  this  wastewater  undergoes  biological
treatment  on  site.  Because  these  wastes are rejected products, and the
product  has  a  market  value,  the  Agency believes these wastes would be
generated in small quantities.

    Based  on  the  available  data  (see  Section VI.B), EPA believes that
sufficient  capacity exists for treatment of U359 wastes; therefore, EPA is
not   granting  a  national  capacity  variance  for  U359  wastewaters  or
nonwastewaters.

    c.Dinitrotoluene  and Toluenediamine Production Wastes (K111-K112, U328
and U353).

K111-   Product  washwaters  from  the  production  of  dinitrotoluene  via
nitration of toluene

K112-Reaction  by-product water from the drying column in the production of
toluenediamine via hydrogenation of dinitrotoluene

U328-Ortho-toluidine

U353-Para-toluidine

    For   K111   wastewaters   and   nonwastewaters,  EPA  is  promulgating
concentration-  based  standards  based  on a transfer of the standards for
F039  wastes.  EPA  is promulgating incineration as the method of treatment
for  K112  nonwastewaters; and incineration, or chemical oxidation followed
by  carbon  adsorption,  or biodegradation followed by carbon adsorption as
methods of treatment for K112 wastewaters. For U328 and U353 wastes, EPA is
promulgating  incineration  as  the method of treatment for nonwastewaters;
and  incineration,  or chemical oxidation followed by carbon adsorption, or
biodegradation  followed  by  carbon adsorption as methods of treatment for
wastewaters.

    During  1990  and  early  1991, EPA collected generation and management
information  concerning these wastes under the authority of section 3007 in
RCRA.  This  capacity  analysis  incorporates  data  from that section 3007
information request. In addition, the Agency has contacted other facilities
in  order  to  obtain  further  information  concerning K111 and K112 waste
generation,  management  practices,  and  residuals.  Finally,  the  Agency
reviewed  information provided in response to the proposed rule (57 FR 957,
January 9, 1992).

    The   Agency   has   identified   approximately   3,500  tons  of  K111
nonwastewaters  and  no K112 nonwastewaters and no K111 or K112 wastewaters
requiring  alternative  treatment. The majority of the K111 and K112 wastes
generated are currently treated using a variety of alternative treatment or
recovery methods and discharged through NPDES. The data {pg 37250} indicate
that  the  residuals  from  treatment of K111 and K112 were further treated
before being land disposed.
    The  Agency  estimates  that  less  than  500  tons  of  U328  and U353
nonwastewaters  are  being land disposed and will require further treatment
as  a  result  of  the  LDRs.  EPA  identified no U328 and U353 wastewaters
requiring alternative treatment.

    Based  on  the  available  data  (see  section VI.B), EPA believes that
sufficient capacity exists for treatment of these wastes. Therefore, EPA is
not  granting  a  national capacity variance for K111, K112, U328, and U353
wastewaters or nonwastewaters.

    d.Ethylene  Dibromide  (EDB)  Production  Wastes (K117- Kl18, K136) and
Methyl Bromide Production Wastes (K131 and K132).

K117-Wastewaters  from  the  reactor vent gas scrubber in the production of
ethylene dibromide via the bromination of ethylene

K118-Spent  adsorbent  solids  from  the  purification  of  EDB produced by
bromination of ethylene

K136-Still bottoms from the purification of EDB

K131- Wastewater  from  the  reactor  and acid dryer from the production of
methyl bromide

K132-Spent adsorbent and wastewater separator solids from the production of
methyl bromide

    For  K117,  K118,  K136,  K131,  and  K132  wastes, EPA is promulgating
concentration-based standards based on a transfer of data used to calculate
the   U029   (bromomethane),   U030   (4-bromophenyl  phenyl  ether),  U066
(1,2-dibromo-3-chloropropane),   U067   (ethylene   dibromide,  EDB),  U068
(dibromomethane)   and   U225   (bromoform)   Third   Rule   standards  for
nonwastewaters;   and   multisource   leachate   (F039)   performance   for
wastewaters.  EPA  is  promulgating  standards  based  on  incineration for
nonwastewaters; and incineration, or chemical or wet air oxidation followed
by  carbon  adsorption,  or biological treatment, or steam or air stripping
for wastewaters.

    During  1990  and  early  1991, EPA collected generation and management
information  concerning these wastes under the authority of section 3007 in
RCRA.  This  capacity  analysis  incorporates  data  from that section 3007
information  request. In addition, the Agency reviewed information provided
in response to the ANPRM (56 FR 24444) and the proposed rule.
    Based on new information received in response to the proposed rule, EPA
estimates  that  less  than  100  tons  of  currently  land-  disposed K118
nonwastewaters  will  require  alternative treatment. EPA has identified no
K117  or  K136  waste  generation  and  no K118 wastewaters currently being
surface disposed.

    EPA has identified no K131 or K132 wastes currently being land disposed
and requiring alternative treatment or recovery. All identified K131 wastes
currently generated are sent off site for acid reclamation.

    Based  on  available  data  and  using  incineration  as  the treatment
technology   (see  Section  VI.B),  the  Agency  believes  that  sufficient
treatment  capacity exists for treatment of these wastes; therefore, EPA is
not  granting  a  national capacity variance for K117, K118, K136, K131 and
K132  wastewaters  or  nonwastewaters.  EPA is granting a two-year national
capacity variance to underground injected K117, K118, K131, and K132 wastes
(see Section VI.F).

    e.Ethylenebisdithiocarbamic (EBDC) Production Wastes (K123, K124, K125,
and K126).

K123-Process  wastewater  (including supernates, filtrates, and washwaters)
from the production of ethylenebisdithiocarbamic acid (EBDC) and its salts

K124-Reactor vent scrubber water from the production of EBDC and its salts

K125-Purification    solids   (including   filtration,   evaporation,   and
centrifugation solids) from the production of EBDC and its salts

K126-Baghouse  dust and floor sweepings in milling and packaging operations
from the production or formulation of EBDC and its salts

    For  EBDC  wastes,  EPA  is  promulgating incineration as the method of
treatment  for  nonwastewaters;  and  incineration,  or  chemical oxidation
followed  by  biological  treatment  or  carbon  absorption  as  methods of
treatment for wastewaters.

    During  1990  and  early  1991, EPA collected generation and management
information  concerning the EBDC wastes under the authority of section 3007
in  RCRA.  This  capacity analysis incorporates data from that section 3007
information request.

    The  Agency  has  identified  less than 100 tons of K125 nonwastewaters
that  are  currently  land disposed and will require alternative treatment,
and  has  identified  no  quantities of K123, K124, or K126 wastes that are
currently  being  land  disposed.  No  generation of K125 wastewaters, K124
wastes, or K126 wastes has been identified.

    Based  on  available  data, EPA believes sufficient capacity exists for
treatment  of  the  EBDC  wastes; therefore, EPA is not granting a national
capacity   variance   for   K123,  K124,  K125,  and  K126  wastewaters  or
nonwastewaters.

D.  Required  and  Available  Capacity  for  Newly Listed Wastes Mixed With
Radioactive Contaminants

    EPA has defined a mixed RCRA/radioactive waste as any matrix containing
a RCRA hazardous waste and a radioactive waste subject to the Atomic Energy
Act  (53  FR  37045,  37046, September 23, 1988). Regardless of the type of
radioactive  constituents  that  these  wastes  contain  (e.g., high-level,
low-level,  or  transuranic),  they are subject to the RCRA hazardous waste
regulations, including the land disposal restrictions.

    Radioactive  wastes  that  are  mixed  with  spent  solvents,  dioxins,
California  list wastes, or First Third, Second Third, and Third wastes are
subject  to  the  land  disposal restrictions already promulgated for those
hazardous  wastes. EPA granted two-year national capacity variances for all
of  these  wastes because of a lack of national treatment capacity. Today's
rule  addresses  the radioactive wastes that contain newly listed hazardous
wastes being restricted in today's rulemaking.

    The  Department  of  Energy  (DOE)  is  the  primary generator of mixed
RCRA/radioactive  wastes.  A  variety  of  non-DOE facilities also generate
mixed RCRA/radioactive wastes, including nuclear power plants, academic and
medical institutions, and industrial facilities. Based upon a review of the
available  data, including data submitted by DOE under several rulemakings,
the  quantities  of  mixed  RCRA/radioactive wastes containing newly listed
wastes regulated by this rulemaking appear to be small.

    Although  DOE  is  in  the process of increasing its capacity to manage
mixed  RCRA/radioactive  wastes,  information  supplied  by DOE under other
rulemakings  indicates  that  a  significant  capacity  shortfall currently
exists for the treatment of mixed RCRA/radioactive wastes, much of which is
in  storage  facilities  awaiting  treatment.  EPA's review of non-DOE data
sources  also showed a significant lack of commercial treatment capacity as
well.

    Any  new  commercial  capacity  for  mixed RCRA/radioactive wastes that
becomes  available  will  be needed for mixed wastes that were regulated in
previous  land  disposal  restriction  rulemakings and whose variances have
already  expired  (i.e.,  radioactive  wastes mixed with solvents, dioxins,
California  list wastes, or First Third, Second Third, or Third wastes). In
addition,  DOE has indicated that it will generally give treatment priority
to  mixed  wastes that are already restricted under previous {pg 37251} LDR
rules.  Thus,  EPA  has  determined  that  sufficient alternative treatment
capacity  is  not  available  and  is granting a two-year national capacity
variance   for   mixed   RCRA/radioactive  wastewaters  and  nonwastewaters
contaminated with newly listed wastes whose standards are being promulgated
today.

    One  commenter  on the proposed rule suggested that EPA not rely on DOE
to  develop  the  capacity needed to manage the largest quantities of mixed
RCRA/radioactive wastes because of DOE's reportedly poor record of handling
radioactive  materials. EPA disagrees with this comment. DOE is responsible
for managing many radioactive wastes and has a Federal statutory obligation
to  develop  needed  capacity.  In  addition, DOE is subject to regulations
designed  to  ensure  that  its  mixed RCRA/radioactive wastes are properly
managed.  EPA  and  authorized  states regulate the hazardous components of
these  wastes  under  RCRA  and the Nuclear Regulatory Commission (NRC) and
agreement  states  regulate  the  radioactive  components  under the Atomic
Energy  Act  and  other  statutes.  DOE  is generally self- regulating with
respect  to  the  radioactive  component  and  is generally exempt from NRC
regulations,  except  for  DOE facilities that accept commercial high level
wastes which are to be licensed by NRC.

    The  same  commenter  also  suggested that EPA require that all non-DOE
mixed  RCRA/radioactive  wastes  be  stored  and  managed under ''emergency
permits''  at known commercial and on-site facilities, rather than allowing
them  to  be  generated,  managed,  and  disposed ''at an unknown number of
unidentified generator sites.'' This commenter appears to be confused about
the   RCRA  regulatory  program.  Mixed  RCRA/radioactive  wastes  are  not
generated,  managed,  and disposed at ''unidentified generator sites.'' All
generators  of  more  than  100  kilograms/month  of RCRA hazardous wastes,
including  mixed  wastes,  must  obtain an EPA identification number. Mixed
RCRA/radioactive  wastes, like other RCRA wastes, can be stored at the site
of  generation  for  greater  than  90  days  only  if  the generator has a
permitted  or  interim status storage facility that is specifically allowed
to  handle  mixed  wastes. (In the case of generators of 100-1000 kilograms
per  month,  the  limit  is  180  days,  or  270  days  in  certain cases.)
Furthermore,  treatment  or  disposal  of  mixed RCRA/radioactive wastes is
allowed   only  at  permitted  or  interim  status  treatment  or  disposal
facilities  specifically  authorized  to  handle mixed wastes. EPA believes
that  the  current  RCRA  regulatory  program  is adequate to ensure proper
management  of  the hazardous component of mixed waste and that ''emergency
permits'' are unnecessary.

E.  Required  and  Available  Capacity  for  Debris Contaminated With Newly
Listed Wastes

    This capacity analysis focuses on debris contaminated with wastes whose
treatment  standards are being promulgated in this rule. fn 49 An estimated
80  percent  of all debris contaminated with previously regulated wastes is
presently disposed in hazardous waste landfills without prior treatment. fn
50  In  today's  rule,  EPA  is specifying that hazardous debris be treated
prior  to  land  disposal  using  one  or more of the following families of
debris   treatment:   extraction,   destruction,  or  immobilization.  (The
availability  of each of these treatments is discussed in greater detail in
another section of this preamble.)

fn  49  UDMH  (K107-K110),  dinitrotoluene  (K111), toluene diamine (K112),
ortho  and  para  toluidine,  ethylene  dibromide, methyl bromide, 2-ethoxy
ethanol  (U359),  ethylene  bis-dithiocarbamic  acid,  and  F037  and  F038
petroleum refining wastes.
fn  50  Previously  regulated  wastes  include  solvents and dioxin wastes,
California  list  wastes,  and  First  Third, Second Third, and Third Third
wastes.  EPA  has  granted  national  capacity variances to soil and debris
contaminated  with  First  Third, Second Third, and Third Third wastes. The
national capacity variances for debris contaminated with Third Third wastes
expired  on May 8, 1992. However, the Agency has extended this variance for
one year (see section VI. of the preamble).

    EPA  used  several  data  sources  to  estimate  the  total quantity of
land-disposed hazardous debris. These sources include: comments received in
response  to  the proposed rule (57 FR 958); responses to the ANPRM for the
newly  listed  and  identified  wastes  (56 FR 24444); information provided
during  a  series of roundtable meetings held by the Agency in May and June
of  1991  with  representatives of companies involved in the management and
disposal  of  hazardous  debris;  Records  of  Decision (RODs) of Superfund
sites;  the  National  Survey of Treatment, Storage, Disposal and Recycling
Facilities  (TSDR  Survey);  and  the  National  Survey  of Hazardous Waste
Generators (Generator Survey). fn 51

fn   51   EPA  conducted  the  surveys  during  1987  and  1988  to  obtain
comprehensive  data  on  the nation's capacity for managing hazardous waste
and  the  volumes of hazardous waste being land disposed as well as data on
waste  generation,  waste  characterization,  and hazardous waste treatment
capacity in units exempt from RCRA permitting.

    In  general,  EPA  found  severe  limitations  in  estimating the total
quantity  of hazardous debris because the available data are incomplete and
poorly  defined.  The  reason  for  this  lack  of  comprehensive  data  is
several-fold:  First,  the  regulated  community  reported  that their data
generally  are  not classified by debris but rather by waste code and waste
description;  second, the data from the TSDR and Generator Surveys were not
collected  and  categorized  specifically for debris; and debris were often
mixed with soils, fn 52 and were frequently contaminated with more than one
waste,   thereby   making   the   hazardous   debris  matrix  and  quantity
determinations  difficult; third, TSDR and Generator Surveys do not include
data on debris contaminated with newly listed and identified wastes because
they  were not considered hazardous wastes in 1986; and fourth, debris that
have  been  cleaned  decontaminated are generally not reported as hazardous
wastes  because  they are no longer considered hazardous debris. Commenters
to   the  proposed  rule  agreed  with  the  Agency's  assessment  of  data
limitations.

fn  52  Data  submitted  by  TSDFs in roundtable meetings sometimes combine
hazardous  debris with soil. Furthermore, TSDFs have stated that historical
waste data are generally not kept by debris classifications.

1. Waste Generation

    The  capacity  analysis  in  today's  rule is based on the data sources
described   above.   For   the  total  of  currently  land-disposed  debris
contaminated  with  RCRA hazardous wastes, EPA estimates that approximately
one million tons are generated per year based on the reported percentage of
the  total  of  all  hazardous  waste land disposed. EPA also has estimated
lower   and  upper  bounds  of  700,000  to  2.8  million  tons  per  year,
respectively,  based  on  adjustment  factors to the TSDR survey data. Some
commenters to the proposed rule suggested that the Agency's estimate of the
quantities  of  debris  requiring  treatment  is low. However, no commenter
provided national estimates of land-disposed hazardous debris.

    The  largest  quantity  of routinely generated debris contaminated with
newly  listed  wastes  is  debris contaminated with F037 and F038 petroleum
refining  wastes.  EPA's estimate for this quantity is 8,000 tons per year.
In addition, EPA received information indicating that additional quantities
of  debris  contaminated  with  F037  and F038 wastes may be generated from
modernization  of  petroleum  {pg  37252}  refinery  sewer  and  wastewater
systems.  EPA's  estimate  for  debris  contaminated  with the remainder of
wastes covered by today's rulemaking is less than 2,000 tons per year.

    One  commenter  indicated that EPA's estimate of the quantity of debris
contaminated  with  F037  and  F038 wastes was low. However, this commenter
provided  no  data that could serve as a basis for updating EPA's estimate.
In  the  proposed  rule,  EPA  acknowledged  that  decommissioning of large
chemical  plants  and  increasing  remediation activities can significantly
increase the estimated quantity of hazardous debris.

2. Current Management Practices

    Waste  generators  and  TSDFs  report  that  most  hazardous  debris is
currently landfilled without prior treatment. Stabilization or incineration
are  the reported treatment technologies for the small amounts of hazardous
debris  that  are  treated  prior to landfilling. However, EPA has received
information  that  materials-handling  problems  may  limit the quantity of
hazardous  debris  that  currently  can  be  treated  by  stabilization and
incineration.  Specifically,  the  size  of  many  types  of debris must be
reduced  before they can be treated (e.g., by shredding or grinding). Heavy
duty equipment such as shredders and grinders are generally not part of the
treatment  process  at  hazardous  waste  treatment  facilities and are not
generally   available.   Consequently,  the  available  capacity  to  treat
hazardous  debris  is  currently  limited. In addition, large quantities of
materials  that  are currently cleaned (decontaminated) and then managed as
nonhazardous  wastes may require additional management as hazardous debris.
Commenters to the proposed rule agreed with EPA's assessment that there are
materials-handling limitations in managing hazardous debris.

3. Available Capacity and Capacity Implications

    EPA  is  promulgating  that  hazardous  debris be treated prior to land
disposal  using  one or more of the following families of debris treatment:
Extraction,   destruction,   or  immobilization.  While  materials-handling
problems  may  limit  the  available  destruction  (e.g., incineration) and
immobilization (e.g., stabilization) capacities, inadequate capacity exists
for  many of the promulgated technologies in the extraction family. Much of
the  capacity  of  extraction  technologies currently used to decontaminate
hazardous  debris,  such  as  water  washing  and  steam  cleaning,  is not
currently  permitted,  although EPA is proposing to expedite the permitting
of  these  technologies.  In  conclusion,  EPA  believes  that  the current
capacity available to treat hazardous debris is limited.

    Therefore,  EPA is today granting a two-year national capacity variance
for debris contaminated with newly listed wastes covered in this rule. This
variance would allow sufficient time for the installation and permitting of
the  treatment  systems  necessary  to  handle  the quantities of hazardous
debris  affected  by  this  rule.  Existing commercial capacity and any new
commercial  capacity  for  debris that becomes available will be needed for
debris   contaminated   with   wastes  listed  in  previous  land  disposal
restriction  rulemakings  and not granted a capacity variance (i.e., debris
contaminated with solvents, dioxins, or California list wastes). Commenters
to  the proposed rule generally agreed with EPA's analysis and the need for
a  national  capacity  variance  for  debris contaminated with newly listed
wastes covered in this rule.

F. Capacity Determination for Underground Injected Wastes

    As  explained  in  previous rules concerning land disposal restrictions
(see,  e.g.  52 FR 32450, August 27, 1987; 53 FR 30912, August 16, 1988; 55
FR  22520,  June  1,  1990),  EPA is allocating available capacity first to
those  wastes  disposed  in  surface  units,  next to wastes resulting from
CERCLA  and  RCRA  clean  ups,  and finally to underground injected wastes.
Based  on  the  continued  application  of  this  approach,  the  Agency is
promulgating the following effective dates for injected wastes.

1. Newly Listed Wastes With Treatment Standards Which Current Data Indicate
Are Not Being Underground Injected

    The  wastes K107, K108, K109, K110, K123, K124, K125, K126, K136, U328,
U353, and U359 are the newly listed wastes for which numerical standards or
specified  methods  are  being promulgated, and which current data indicate
are  not  being  underground  injected. Therefore, EPA is prohibiting these
wastes from underground injection upon the effective date of this rule.

2. Newly Listed Wastes With Treatment Standards Which Current Data Indicate
Are Being Underground Injected

    The  wastes  F037, F038, K111, K112, K117, K118, K131, and K132 are the
newly  listed  wastes for which current data indicate are being underground
injected by Class I hazardous waste injection wells.

    For  K111  and  K112  waste  from  the  production of dinitrotoluene or
toluenediamine, pretreatment includes neutralization and filtration. Only a
small  amount  of  this  waste  is being disposed of in a Class I hazardous
waste injection well which has received a no-migration petition.

    The  treatment  standards for F037 and F038, petroleum refining wastes,
are  based  upon  transfer  of  the  performance of technologies previously
established  for  K048-K052  wastes. Based on the Hazardous Waste Injection
Well Inventory data base, EPA believes that a small volume of F037 and F038
wastes  are  being  underground  injected  annually  by permitted injection
wells.  No  new  data,  indicating  that  larger  injected volumes of these
wastes,  were  received  by  the  Agency  during the comment period for the
proposed  rule.  Therefore,  as  adequate  alternative  treatment  capacity
appears  to  be  available,  the Agency is not granting a two-year national
capacity variance for any injected F037, F038, K111, and K112 waste, and is
prohibiting these wastes from underground injection upon the effective date
of this rule.

    The treatment standards for K117, K118, K131, and K132 wastes are based
upon  liquid  incineration.  One  comment  received  from the proposed rule
indicated  that  a  large  volume  of  these  wastes,  which are in a mixed
non-segregable  waste  stream  exceeding 300 million gallons annually, were
being  underground  injected. The Agency's current data indicate that there
is  inadequate  available  commercial  treatment capacity for these wastes.
Therefore,  EPA  is  granting  a  two-year  national  capacity variance for
injected K117, K118, K131, and K132 wastes in today's rule.

G. Revisions to Treatment Standards for K061, F006, and K062
    In  today's  rule,  the  Agency  is  removing  the  low  and  high zinc
subcategories   for  K061  and  establishing  the  same  numeric  treatment
standards   based  on  HTMR  for  all  K061  nonwastewaters.  EPA  also  is
establishing  alternative  treatment  standards  based on HTMR for K062 and
T006.  Today's  rule  does not preclude the use of any treatment technology
that  can  meet  these  standards  nor  does  it  preclude  the  use of any
technology that can meet the previously promulgated treatment standards for
K062  and  F006.  The  Agency  received  several  comments  questioning the
availability  of  HTMR  capacity to treat these wastes. Although commenters
also  questioned  whether stabilization could meet the treatment {pg 37253}
standards,  one  commenter  submitted  information that their stabilization
process  does  meet  the  numeric  treatment  standards for K061. Since any
technology  that  can  meet  the  numeric standards for K061 can be used to
treat  those wastes, the Agency believes that there is sufficient treatment
capacity  for  K061. Similarly, since the treatment standards based on HTMR
for  K062  and  F006 are alternative standards and any technology currently
used  to  treat  K062  and F006 to the previously promulgated standards may
continue to be used, the Agency believes that there is sufficient treatment
capacity for K062 and F006.

VII. Implementation
    As  described  in  section  VIII.  of  this  preamble, State Authority,
today's  rule  is  being promulgated under HSWA authority. Therefore, until
states  receive  authorization  to  implement  today's  rule,  the  Federal
procedures and standards will be used for its implementation. The following
sections  describe some of the relevant generator and permitting procedures
that apply to waste handlers as they comply with today's rule.

A.  Facilities  Qualifying  for Interim Status Due to Storage of Prohibited
Wastes

    As  discussed  elsewhere  in  today's preamble, EPA has determined that
adequate  treatment  capacity  for  hazardous  debris will not be available
following the expiration of the national capacity variance for these wastes
on  May 8, 1992, and has therefore granted a one-year national case-by-case
extension  to the LDR effective date for hazardous debris, provided certain
recordkeeping  and  other  requirements  are met. However, even by May 1993
there  will  likely  be generators who will still have difficulty obtaining
treatment  for  these  wastes.  To  a  lesser  degree,  there  may  also be
situations  where generators of the newly listed wastes-for which treatment
standards  are  prescribed  in today's rule-are unable to initially arrange
for  appropriate  treatment.  Therefore,  EPA believes that some generators
without permits or interim status will need to accumulate wastes restricted
from  land  disposal  by  today's  rule  for  more than 90 days in order to
acquire  treatment  required  by  part 268. Although 90 days is the maximum
period  allowed  for accumulation storage at generator sites, if the wastes
must  remain on-site longer due to unforeseen, temporary, or uncontrollable
circumstances, an extension of up to 30 days may be granted at the Regional
Administrator's  discretion.  (See  40  CFR  262.34.)  If, despite the best
efforts  of  the generator, waste accumulation will exceed the 90 day limit
(or  120  day  limit,  if an extension is granted), then the generator must
obtain interim status for continued storage.

    Section  3005(e) of RCRA establishes the criteria for obtaining interim
status, and 40 CFR 270.70(a) codifies that provision. This section provides
that  facilities  ''in  existence  on  the  effective  date of statutory or
regulatory  changes  that render the facility subject to the requirement to
have a permit'' may qualify for interim status if they make the appropriate
application.  A  generator who is accumulating hazardous wastes in tanks or
containers  before  the  effective date of today's rule is ''in existence''
and  may  qualify for interim status provided that the continued storage is
necessary to comply with the land disposal restrictions. Section 3005(e)(1)
allows  interim  status  only  where new regulatory requirements subject an
existing facility to permitting requirements. It is not intended to provide
an   opportunity  for  a  facility  to  newly  engage  in  hazardous  waste
management.

    Generators  who  need  to  obtain interim status should submit a part A
permit  application  to  the  Agency  as  provided  in  part  270.  (Part A
application  instructions  can  be  found  at  Sec.  270.13.) In the part A
application,   the   generator   must   demonstrate   that  the  additional
accumulation   time   is  necessary  as  a  result  of  the  land  disposal
restrictions of part 268.

    The part A must be submitted to the Agency by the deadline specified in
Sec. 270.10(e). Note that the Sec. 270.10(e) deadline is the earlier of the
following  two  alternative  dates:  (1)  Six  months  after publication of
regulations  which  first  require the facility to comply with part 265, or
(2)  thirty  days after the date they first become subject to the standards
in  part 265. It is expected that the deadline for most, if not all, of the
large quantity generators will be established by the second alternative. By
operation  of  40 CFR 270.10(e)(ii), the generator first becomes subject to
the permitting requirements when he exceeds the generator accumulation time
limit.  For  example,  after  the  90-day  accumulation  period  ends,  the
generator would be required to submit the part A within 30 days. Therefore,
it  is critical that any generator who will be newly subject to the interim
status  requirements  become  familiar  with  the part 270 requirements and
submit the part A application on time.

    Generators  applying for interim status must comply with the applicable
requirements  of  part  265.  These  new interim status facilities are also
subject  to  corrective  action  orders  under  section  3008(h)  of  RCRA.
Furthermore,  if  requested  by  the  Administrator,  the  facility will be
required to submit its part B permit application.

    EPA  anticipates  that  some  of  these  new  interim status facilities
managing  debris  may  find  containment  buildings  more  suitable for the
storage  or  treatment of their restricted wastes than their existing tanks
or  containers. These facilities may request certain changes during interim
status by following the procedures described below.

B. Containment Buildings at Generator Sites

    As  explained  in section IV.G.3. of this preamble, generators who want
to  add  a  containment  building for accumulation (including treatment) of
waste  for  less  than  90 days, can do so without obtaining a RCRA permit,
provided  the  conditions  in Sec. 262.34 are met. These conditions include
compliance  with  the  containment building standards in subpart DD of part
265  and certain recordkeeping and reporting requirements. Such containment
buildings  can  be  used  indefinitely, provided the generator ensures that
each  volume  of  waste  remains  in the unit for 90 days or less. When the
generator  has  no further need to manage hazardous waste in the unit, then
the building must be closed in accordance with Sec. 265.1102.

C.  Addition  of  Waste Management Capacity at Permitted and Interim Status
Facilities

1. Permitted Facilities

    Permitted  treatment,  storage,  and  disposal  facilities  may add new
treatment  processes  and  additional  capacity pursuant to today's rule by
applying  for  a  permit modification under the Federal regulations at Sec.
270.42  (see 53 FR 37912, September 28, 1988, for a full explanation of the
permit  modification  procedures).  Although the regulations at Sec. 270.42
were promulgated under pre-HSWA authority, EPA may use these regulations in
authorized  States  when necessary to implement HSWA provisions such as the
land disposal restrictions (see 53 FR 37933).

    The  types  of  modifications  needed  to add new capacity or processes
would  likely  require  the  submittal  of a Class 2 or 3 modification. For
containment  buildings  the  permit  modification type can be determined by
consulting  new  section  M  in  appendix  I  of  Sec.  270.42. The Class 2
modification  process  requires  {pg  37254}  Agency  action on the request
within  120  days.  This  action  would  consist  of  approval  or  denial,
reclassification as a Class 3 modification, or authorization to conduct the
activities for up to 180 days pending Agency action. Furthermore, for Class
2  modifications,  construction  to implement the requested facility change
may  commence 60 days after submission of the request. There is no deadline
for   Agency  action  for  Class  3  modifications,  which  apply  to  more
substantial facility changes.

    Permitted  facilities  may  also apply for a temporary authorization to
initiate  necessary  activities  while  a  Class 2 or 3 permit modification
request  is  undergoing  review,  or  to  undertake  a treatment or storage
activity  which  will  be  of  short  duration.  EPA  may grant a temporary
authorization  for  a  term  of up to 180 days. Any request for a temporary
authorization  must  demonstrate compliance with the part 264 standards and
also  meet the criteria of Sec. 270.42(e) for approval. Today's rule amends
Sec.  270.42(e)(3)(ii)(B) to allow temporary authorizations for containment
buildings  where  necessary  to  treat or store restricted waste, including
hazardous  debris,  in  accordance with part 268. Interested members of the
public  (i.e.,  those  that  have  previously  expressed  interest  in  any
permitting  action  for  the  facility)  will  receive  notice by mail of a
facility's  request  for a temporary authorization, and another mail notice
if  EPA  approves  the  request. The temporary authorization may be renewed
once if the additional procedures of Sec. 270.42(e) are followed, including
the  submission  of  appropriate  permit  modification  information and the
initiation  of public meetings and public comment period. (See 53 FR 37919,
September 28, 1988 for additional discussion of temporary authorizations.)

2. Interim Status Facilities

    Treatment,  storage,  and  disposal facilities managing hazardous waste
under  interim  status  may  add  new  treatment  processes  or  additional
treatment  or storage capacity by using the existing procedures for changes
during  interim  status  in Sec. 270.72. Under these procedures, a facility
must  submit  to  EPA a revised part A permit application and justification
explaining the need for the change. The change may then be approved by EPA.

    In  order  for  the  change  to be approved by EPA, it must meet one of
several  criteria, such as being necessary to comply with a Federal, State,
or  local  requirement. Note that changes may not be made if they amount to
reconstruction of the facility. This occurs when the capital investment for
the  changes  to  facility  exceed  50  percent  of  the  capital cost of a
comparable  entirely  new  facility.  However, Sec. 270.72(b)(6) in today's
rule  lifts  the  reconstruction  limit  for  changes  to treat or store in
containment buildings hazardous waste subject to land disposal restrictions
imposed  by  part  268,  provided  that the changes are made solely for the
purpose of complying with part 268.

D. Conversion of Enclosed Waste Piles to Containment Buildings at Permitted
and Interim Status Facilities

    EPA expects that many permitted and interim status facilities will make
changes  to  existing  enclosed waste piles to meet the technical standards
for  containment  buildings.  These  facilities  may  either  continue  the
operation  of  the containment building under its permit or interim status,
or  may  wish  to  operate  the containment building in accordance with the
90-day generator accumulation provision in Sec. 262.34.

I.  Conversion  of  Enclosed  Waste  Piles  to  Interim Status or Permitted
Containment Buildings

    Permitted   facilities  may  convert  their  enclosed  waste  piles  to
containment  buildings  by  submitting  a  Class  2 permit modification, as
provided  in  Item  I.6.  in  appendix  I  to Sec. 270.42. Facilities under
interim  status  may  amend  their part A permit applications to convert an
enclosed  waste pile to a containment building under Sec. 270.72(a)(3) as a
change  in  process. Interim status facilities must submit a revised part A
permit  application  and a justification explaining the need for the change
to  the  Agency.  The  Agency must then approve the change before it can be
implemented.  After  the  conversion, the containment building standards of
part  265  subpart  DD  would  apply  to the unit instead of the waste pile
standards of subpart L. Closure of the enclosed waste pile is not triggered
by the conversion process since hazardous waste will continue to be managed
in  the  unit and the unit remains fully subject to the requirements of the
permit or interim status.

2.  Conversion  of  Permitted  or  Interim  Status  Enclosed Waste Piles to
Accumulation Units Under Section 262.34

    Section  262.34  allows  generators  to  accumulate  wastes on- site in
certain units for 90 days or less without having a permit or interim status
provided  that  they  meet  the  requirements of that section. Today's rule
extends  the  applicability  of  Sec. 262.34 to accumulation in containment
building units.

    Owners  and  operators  of  new  containment  buildings  that  have not
operated  under interim status or a permit can accumulate wastes under Sec.
262.34  provided  they  meet  the  requirements of that section. Owners and
operators  of  enclosed  waste  piles that are permitted or operating under
interim  status  can  convert  those units to generator status and continue
accumulating  wastes under the provisions of Sec. 262.34 if they first meet
the  requirements  for  closure  of  the  unit  under Sec. 264.1102 or Sec.
265.1102.

    In  the  case  of  tanks,  the  Agency  has encountered many owners and
operators  that  have sought conversion from permitted or interim status to
generator  status  but have been unable to satisfy the closure requirements
of Sec. 264.197 or 265.197 without ceasing operation of the unit. While the
Agency  does  not  seek to require owners and operators to take these units
out  of operation as part of the conversion to generator status, the Agency
does  not allow conversion to generator status to serve to exempt permitted
and  interim  status  units  from  the  applicable  closure  and  financial
responsibility requirements. The Agency seeks to assure that all units that
have  operated  under  the  requirements  of  part  264  or 265 satisfy the
applicable closure requirements of those parts, and that funds be available
to  do  so. Thus, permitted or interim status tanks that convert to 90- day
generator  status  must  undergo full closure before they are released from
financial   assurance   requirements.  However,  closure  requirements  are
triggered  by  the  final  receipt  of hazardous waste-not by conversion to
90-day  generator  status. Therefore, the tank may defer RCRA closure until
it is taken out of hazardous waste service.

    Similarly,  where  owners  and operators of interim status or permitted
containment buildings seek to convert to 90-day generator status but cannot
close  the  unit  without taking it out of operation, the owner or operator
may  accumulate  waste  as  a generator under the provisions of Sec. 262.34
(without a permit requirement) and close the unit at a later date. However,
it  should  be  noted  that  unless  the  owner  or  operator satisfies all
applicable  closure  requirements  prior  to  conversion,  the unit remains
subject  to  the  requirements  of  subparts  G  (closure) and H (financial
responsibility)  until closure of the unit is complete. Furthermore, if the
facility  is  in  interim  status, it retains interim status until a permit
application is denied or interim status is lost. Permitted facilities would
retain any corrective action {pg 37255} requirements, but could seek permit
amendments  to  eliminate  40  CFR part 264 standards to which they were no
longer subject (e.g., waste analysis plan).

VIII. State Authority

A. Applicability of Rules in Authorized States
    Under  section  3006  of  RCRA,  EPA  may authorize qualified States to
administer  and  enforce  the  RCRA  program  within  the  State. Following
authorization, EPA retains enforcement authority under sections 3008, 3013,
and  7003  of  RCRA,  although  authorized  States have primary enforcement
responsibility.  The standards and requirements for authorization are found
in 40 CFR part 271.

    Prior  to  the  Hazardous  and Solid Waste Amendments of 1984 (HSWA), a
State  with final authorization administered its hazardous waste program in
lieu  of  EPA  administering the Federal program in that State. The Federal
requirements  no  longer applied in the authorized State, and EPA could not
issue  permits  for any facilities that the State was authorized to permit.
When  new, more stringent Federal requirements were promulgated or enacted,
the  State  was obliged to enact equivalent authority within specified time
frames. New Federal requirements did not take effect in an authorized State
until the State adopted the requirements as State law.

    In  contrast,  under  RCRA  section  3006(g)  (42  U.S.C. 6926(g)), new
requirements  and  prohibitions  imposed  by HSWA take effect in authorized
States  at the same time that they take effect in nonauthorized States. EPA
is  directed to carry out these requirements and prohibitions in authorized
States,  including  the  issuance  of  permits,  until the State is granted
authorization  to  do  so.  While  States  must  still  adopt  HSWA-related
provisions  as  State  law  to  retain final authorization, HSWA applies in
authorized States in the interim.

    Today's  rule is being promulgated pursuant to sections 3004(d) through
(k), and (m), of RCRA (42 U.S.C. 6924(d) through (k), and (m)). It is added
to  Table  1  in  40  CFR  271.1(j),  which  identifies the Federal program
requirements  that are promulgated pursuant to HSWA and that take effect in
all  States, regardless of their authorization status. States may apply for
either  interim  or final authorization for the HSWA provisions in Table 1,
as  discussed  in the following section of this preamble. Table 2 in 40 CFR
271.1(j)   is  also  modified  to  indicate  that  this  rule  is  a  self-
implementing provision of HSWA.

    EPA  is  also  finalizing a new management unit, containment buildings,
which  involves  redefinition  of the term ''pile,'' pursuant to HSWA. This
provision   assures   an  adequate  means  of  implementing  the  treatment
standards,  either  by  providing  a means that treatment can occur without
constituting  impermissible  land  disposal, or by providing a safe staging
area  that would not constitute land disposal before best treatment. Cf. 56
FR  41175  (August  19,  1991)  (portion  of  rule assuring availability of
capacity  adopted  pursuant  to  HSWA).  Thus,  this portion of the rule is
adopted pursuant to HSWA and takes effect immediately in authorized States.

B. Effect on State Authorization

    As noted above, EPA is today finalizing a rule that will be implemented
in authorized States until their programs are modified to adopt these rules
and  the  modification  is approved by EPA. Because the rule is pursuant to
HSWA, a State submitting a program modification may apply to receive either
interim  or  final  authorization under RCRA section 3006(g)(2) or 3006(b),
respectively,   on   the  basis  of  requirements  that  are  substantially
equivalent  or  equivalent  to EPA's. The procedures and schedule for State
program  modifications  for  either  interim  or  final  authorization  are
described  in  40  CFR  271.21.  It  should  be  noted  that  HSWA  interim
authorization will expire on January 1, 1993 (see 40 CFR 271.24(c)).

    Section 271.21(e)(2) requires that States with final authorization must
modify   their   programs   to  reflect  Federal  program  changes  and  to
subsequently  submit  the modification to EPA for approval. The deadline by
which the State would have to modify its program to adopt these regulations
is  specified  in  Sec.  271.21(e).  The  deadline  is July 1, 1993 if this
rulemaking  is  finalized  on or before June 30, 1992. This deadline can be
extended  in  certain  cases (see Sec. 271.21(e)(3)). Once EPA approves the
modification, the State requirements become subtitle C RCRA requirements.

    States  with  authorized  RCRA  programs  may already have requirements
similar  to  those  in today's final rule. These State regulations have not
been  assessed  against  the  Federal  regulations being finalized today to
determine  whether  they meet the tests for authorization. Thus, a State is
not  authorized  to  implement  these requirements in lieu of EPA until the
State  program  modifications are approved. Of course, States with existing
standards  could  continue  to  administer and enforce their standards as a
matter  of  State  law.  In implementing the Federal program, EPA will work
with  States  under  agreements to minimize duplication of efforts. In many
cases,  EPA  will  be  able  to  defer  to  the  States in their efforts to
implement  their  programs  rather than take separate actions under Federal
authority.

    States  that  submit official applications for final authorization less
than  12  months  after  the  effective  date  of these regulations are not
required  to  include  standards  equivalent  to these regulations in their
application. However, the State must modify its program by the deadline set
forth in Sec. 271.21(e). States that submit official applications for final
authorization  12 months after the effective date of these regulations must
include standards equivalent to these regulations in their application. The
requirements  a  state  must  meet  when submitting its final authorization
application are set forth in 40 CFR 271.3.

    The  regulations  being  finalized  today  need  not affect the State's
Underground  Injection  Control  (UIC)  primacy  status.  A State currently
authorized  to administer the UIC program under the Safe Drinking Water Act
(SDWA)  could continue to do so without seeking authority to administer the
amendments  that  will  be  promulgated  at a future date. However, a State
which  wished  to  implement  part  148  and receive authorization to grant
exemptions  from  the  land disposal restrictions would have to demonstrate
that it had the requisite authority to administer sections 3004 (f) and (g)
of  RCRA.  The  conditions under which such an authorization may take place
are discussed in a July 15, 1985 final rule (50 FR 28728).

IX. Regulatory Requirements

A. Economic Impact Screening Analysis Pursuant to Executive Order 12291

    Executive  Order  No. 12291 requires that a regulatory agency determine
whether  a  new  regulation will be ''major'' and, if so, that a Regulatory
Impact Analysis (RIA) be conducted. A major rule is defined as a regulation
likely  to  result  in  an  annual effect to the economy of $100 million or
more;  a  major  increase  in  costs  or prices for consumers, individuals,
industries,  Federal,  State,  and local government agencies, or geographic
regions;   or  significant  adverse  effects  on  competition,  employment,
investment, productivity, innovation, or the ability of United States-based
enterprises  to  {pg  37256}  compete  with  foreign-based  enterprises  in
domestic  or  export  markets.  An RIA is a quantification of the potential
benefits, costs, and economic impacts of a rule.

    The  Agency estimated the costs of today's rule to determine if it is a
major  regulation  as  defined by Executive Order 12291. The Agency expects
today's  rule  to have an incremental annual cost below $100 million. Also,
the  Agency does not believe the rule will significantly increase costs for
consumers,  individuals,  industries,  Federal,  State and local government
agencies,  or  geographic  regions,  or have significant adverse effects on
competition, employment, investment, innovation, or international trade.

    The Agency has performed an Economic Impact Screening Analysis for this
rule.  The  Agency  has  not  assessed  benefits but has rather focused its
analyses on the costs and economic impacts attributable to today's rule.

1. Cost Methodology
    To  assess  the  cost of today's rule, EPA developed a cost methodology
with  four  major  analytical  concerns: (a) Petroleum refining wastes, (b)
remaining  wastes  affected  by  the  rule,  (c)  hazardous debris, and (d)
storage and treatment in containment buildings. In this section, the Agency
summarizes  the  methodology  it  adopted  for  each  of these concerns. In
addition,  at  the  end  of  the  cost  methodology section, EPA also lists
several  wastes  included  in  today's  rule  which  are not expected to be
associated with any regulatory impacts.

    a.Approach  for  Petroleum  Refining  Wastes  (F037  and  F038). In the
analysis  of the compliance costs for the treatment standards being set for
petroleum refining wastes, the Agency first reviewed the work completed for
the listing of F037 and F038, which EPA promulgated in October 1990 (see 55
FR  46386, subsequently referred to as the Listing Rule or Listing RIA). fn
53  EPA  estimated  in  the  Listing RIA that 470,000 tons of F037 and F038
nonwastewaters (with an average water content of 55 percent) were generated
annually.  The  Agency  assessed  compliance  costs for this volume under a
compliance  scenario  that  included  LDR  treatment  before  land disposal
because  it believed that the realistic post-regulatory management practice
after  listing will include treatment. The LDR treatment scenario consisted
of  dewatering  of  the  waste  followed by either incineration (on-site or
off-site) or solvent extraction (on-site).
fn  53  Regulatory Impact Analysis for the Listing of Primary and Secondary
Oil/Water/Solids   Separation  Sludges  from  the  Treatment  of  Petroleum
Refinery  Wastewaters,  prepared  for  U.S.  EPA,  Office  of  Solid Waste,
Economic Analysis Staff, by DPRA, October 1990.

    For today's rule, the Agency updated the F037 and F038 volume estimates
used in the Listing RIA based on additional generation information obtained
as  part  of  the capacity determination (see section VI.C for the capacity
analysis  of  F037 and F038). Based on this updated information, the Agency
estimated  that  223,000 tons of F037 and F038 nonwastewaters are generated
annually  (with an average water content of 30 percent). EPA estimated that
56,000  tons  per  year  of  F037  and F038 wastes were treated to meet the
treatment  standards  in  the  baseline  and  that  the industry will incur
incremental costs in treating the remaining 167,000 tons.

    Of the 167,000 tons of land disposed F037 and F038 requiring treatment,
EPA  estimated that roughly 17,000 tons (i.e., 10 percent) is land disposed
in  California.  California  has  its own LDR program, under which F037 and
F038  waste  are  restricted  from  land  disposal  as  of May 8, 1992. The
California  land  ban  standards  are  substantively  equivalent  to  those
standards  in  today's  rule. Thus, even if the Federal regulations are not
promulgated,  F037  and  F038  waste  will  be  restricted  in  this State.
Therefore,  EPA  estimated that only 150,000 tons annually of F037 and F038
will  require  additional  treatment  prior to land disposal as a result of
today's  rule.  For  its  cost  analysis, EPA is ignoring the effect of the
one-year  national  capacity  variance  being  granted  for this volume and
rather  estimates  the  expected  annualized  cost  several years after the
listing decision.

    For  the  baseline  scenario, the Agency estimated that 96,000 tons per
year  (i.e.,  64  percent)  of the F037 and F038 waste requiring additional
treatment  is  managed  on-site,  and  the  remaining 54,000 tons (i.e., 36
percent)  is  sent  off-site.  Of  the  waste  managed  on-site, the Agency
estimated  that  91,000  tons  per year (i.e., 95 percent) is managed using
land  treatment,  and  5,000 tons per year (i.e., 5 percent) is landfilled.
All wastes disposed off-site were assumed to go to landfills.

    For  the post-regulatory scenario, the Agency assumed that 130,000 tons
(i.e.,  87 percent) of the 150,O00 tons requiring additional treatment will
be  treated on-site. Although the Listing RIA did not project any volume of
waste   going   to  on-site  cokers,  information  indicates  that  in  the
post-regulatory  scenario  34,000  tons  per year (i.e., 26 percent) of the
F037  and F038 volume managed on-site will be disposed of in such a manner,
at  a  cost  of  $200  per  ton.  The remainder of the F037 and F038 volume
managed  on-site  was assumed to be split evenly between solvent extraction
(48,000  tons  per  year,  or  37  percent,  at a cost of $500 per ton) and
incineration  (48,000  tons  per year, or 37 percent, at a cost of $400 per
ton).  The  post-  regulatory  scenario  assumed  disposal  of residuals in
subtitle C landfills.

    The  Agency assumed that 20,000 tons per year (i.e., 13 percent) of the
150,000  tons  requiring additional treatment will be treated off-site. The
Agency estimated that 2,000 tons per year (i.e., 10 percent) of this volume
will  go  to  incineration,  at a cost of $1,600 per ton, and the remaining
18,000  tons per year (i.e., 90 percent) will go to cement kilns, at a cost
ranging  from  $700  per ton to $1,200 per ton. Although the Agency doesn't
expect  large increases in cement kiln capacity, there is uncertainty about
future prices charged by cement kilns for hazardous waste.

    b.Approach  for  Remaining  Wastes.  To determine the cost and economic
impacts  of  the rule for newly listed wastes other than F037 and F038, EPA
first  identified the industries that will be affected. The Agency analyzed
these  industries to determine the amounts of the affected wastes that they
generate, how these wastes are currently managed, and how these wastes will
have to be managed to comply with LDR treatment standards.
    The  incremental  cost  of today's rule for each waste was estimated by
comparing  post-regulatory  costs  with  the costs of current, or baseline,
conditions.  EPA  lacked  site-specific  waste  generation  data  for  this
screening  analysis.  Accordingly,  the  Agency  developed  costs  for  the
baseline   and   post-regulatory  scenarios  assuming  off-site  commercial
treatment  for  all  wastes  included  in  the  cost  analysis, even though
off-site  treatment may not be used by all generators since it generally is
more expensive than on-site treatment.

    The  following  paragraphs  explain the approach used to evaluate costs
for wastes besides F037 and F038 affected by today's rule.

    (i)  Newly  Listed  Organic  Wastes.  All newly listed organic chemical
wastes  affected by today's rule-unsymmetrical dimethylhydrazine production
wastes,   2-ethoxyethanol,  dinitrotoluene  and  toluenediamine  production
wastes,  ethylene dibromide production wastes and methyl bromide production
wastes,  and  ethylenebisdithiocarbamic  acid  production  wastes-are  land
disposed  in  relatively  small quantities. The {pg 37257} baseline for all
newly listed wastes was defined as continued land disposal in units meeting
minimum technological requirements.

    (ii) K061, F006, K062. Today's rule eliminates the low zinc subcategory
for  K061  wastes  and establishes numeric treatment standards for all K061
based  on  high  temperature  metals  recovery  (HTMR).  Wastes  previously
included in the high zinc subcategory of K061 already had to meet treatment
standards  based  on  HTMR;  they  are  unaffected  by  this change. Wastes
previously included in the low zinc subcategory of K061 had to meet numeric
treatment standards based on stabilization, although in some cases HTMR was
being used.

    EPA's  cost analysis for the regulatory changes to K061 considered only
the  low zinc subcategory since wastes in the high zinc subcategory are not
affected by the rule. The Agency assumed the baseline for wastes previously
included  in  the  low  zinc  subcategory K061 is stabilization. The Agency
assumed  that in the post-regulatory scenario managers of these wastes will
use HTMR.

    Today's  rule  establishes numeric treatment standards based on HTMR as
an  alternative  treatment  standard  for K062 and F006. The Agency did not
quantify the cost impact of the rule for these two wastes; it believed that
any operator using HTMR for K062 and F006 will be using the technology only
because it is more cost- effective than current management practices.

    c.  Approach  for  Hazardous Debris. (i) Previously Regulated Hazardous
Debris.  The  majority  of  hazardous debris is already regulated under the
Solvents  and  Dioxins, California list, and the First Third, Second Third,
and  Third  Third  LDR rules due to the waste code-carry-through principle.
The  waste  code-carry-through  principle,  or  mixture rule, states that a
solid waste mixed with a listed hazardous waste bears the waste code of the
listed hazardous waste.

    For  this  hazardous  debris, which is already restricted under the LDR
program,  the  standards  in  today's  rule  are  expected  to be easier to
implement  and  less  costly  than the previous standards. As one commenter
stated,  by  specifying  multiple  acceptable BDAT technologies for a given
hazardous  contaminant  category  and  debris  class,  EPA  has  given  the
generators  and  treaters  a number of options to allow more cost-effective
and  efficient  treatment  of  hazardous debris. In addition, the Agency is
allowing  hazardous debris to be treated to meet the existing LDR standards
established  for  the  listed wastes if the managers of hazardous debris so
desire.

    To   estimate  the  incremental  annual  cost  of  treating  previously
regulated  hazardous debris, EPA constructed probabilistic distributions of
both the volume of previously regulated hazardous debris and the unit costs
of  treating various subsets of this volume before and after the rule takes
effect. EPA relied on the expert judgment of its technical staff to collect
the  data  necessary  for  this  step.  EPA  considered  three  sources  of
generation  of  previously  regulated hazardous debris: routinely generated
debris  (approximately  20  percent  of  all previously regulated hazardous
debris), debris generated at remedial actions required by Federal and State
regulations  (approximately 30 percent), and debris generated at demolition
and  construction  sites (approximately 50 percent). The volumes associated
with   each   of   these  sources  were  further  divided  based  on  other
considerations  that  would  determine  the type and cost of the technology
used to treat the debris.

    EPA's  approach for previously regulated hazardous debris did not focus
on  volume  and  cost estimates for specific wastes or facilities. For this
set of debris, estimates of total volume and costs were apportioned to sets
of   facilities   with  different  debris  generation  characteristics  and
different   treatment   patterns.   EPA   assumed  that  in  the  baseline,
incineration  would  always  be  used  for debris contaminated with organic
wastes  (estimated  to  be  20  percent  of  previously regulated hazardous
debris,  on  average,  for  all  sets of facilities); immobilization always
would  be used for debris contaminated with organic wastes (estimated to be
20  percent  of  previously regulated hazardous debris, on average, for all
sets  of  facilities);  and  incineration followed by immobilization always
would  be  used  for  debris  contaminated  with both organic and inorganic
wastes  (estimated  to  be  60  percent  of  previously regulated hazardous
debris,  on  average,  for  all sets of facilities). In the post-regulatory
scenarios,  EPA  assumed  that  debris  contaminated with organics would be
treated using incineration 20 percent of the time and washing the remaining
80 percent of the time, debris contaminated with inorganics always would be
treated using immobilization (i.e., no change from the baseline treatment),
and  debris contaminated with both organics and inorganics would be treated
using  incineration  followed  by immobilization 20 percent of the time and
washing   followed   by   immobilization  80  percent  of  the  time.  Cost
information,  presented in appendix C of the EIA was gathered for the Phase
I analysis based on industry contacts and professional judgment. The ranges
used  for  the costs of incineration and washing reflected that some debris
treated  with  the  technologies  in  the post-regulatory scenario would be
exempted from subtitle C management.

    (ii)  Newly  Regulated  Hazardous Debris. To gather information for its
cost  estimate of treating debris contaminated with wastes newly restricted
under  today's  rule,  EPA used an approach involving structured interviews
with  recognized  experts  in  the  area  of  hazardous  debris volumes and
treatment   technologies.   An   integral  part  of  these  interviews  was
identifying the uncertainties associated with estimates of future hazardous
debris generation rates and treatment costs.

    EPA   first   identified  individuals  with  expert  knowledge  of  the
industries  generating  and  managing newly regulated hazardous debris. EPA
identified  nine  experts.  Four of these experts were senior environmental
managers associated with several of the 14 organic chemical facilities that
potentially  could  generate  debris  contaminated  with  organic  chemical
production  wastes  regulated  by  today's rule. The remaining five experts
were  senior environmental managers associated with several of the over 190
petroleum  refineries  that  could potentially generate debris contaminated
with F037 and F038.

    The  Agency then developed protocols for structured interviews with the
experts  who  had  been  identified.  The  Agency's protocol was similar in
structure to those used by Stanford/SRI fn 54 and Morgan and Henrion, fn 55
although  it  was  substantially  abbreviated  due to time constraints. The
protocol  involved  five  basic stages. These stages could be described as:
(1)  Motivating,  (2)  structuring,  (3)  debasing,  (4)  encoding, and (5)
verifying.

fn  54  See:  Spetzler, C.S. and Stael Von Holstein, C.-A.S., ''Probability
Encoding  in  Decision  Analysis'', Management Science, Vol. 22, No. 3. and
Stael  Von  Holstein,  C.-A.S.  and  Matheson,  J.E., A Manual for Encoding
Probability Distributions, SRI International, Palo Alto, CA., 1979.

fn  55  Morgan,  M.G. and Henrion, M., Uncertainty: A Guide to Dealing with
Uncertainty  in Quantitative Risk and Policy Analysis, Cambridge: Cambridge
University Press, 1990.

    Two   individuals   conducted   each   interview,  one  a  professional
facilitator  and the other an engineer with expertise in the industry being
regulated.   Interviews  typically  lasted  one  hour,  during  which  time
information on hazardous debris volumes and incremental treatment costs was
solicited. Interviewers stressed that ranges should be supplied rather than
{pg  37258}  point  estimates,  and  they  requested  that  experts provide
percentile probabilities for these ranges.

    After  the Agency had collected information from experts, it aggregated
data  and  generated  cost  results  in  terms of ranges that reflected the
uncertainty  of  the  analysis.  EPA  used a probabilistic model to develop
volume  and  cost  estimates.  The  Agency produced overall volume and cost
estimates  for  the newly regulated debris treatment standards based on the
medians  of data; it also generated ranges of volumes and costs that have a
98  percent  likelihood of containing the true values. EPA analyzed volumes
and  costs  separately  for  the  petroleum  refining  industry, which will
generate  debris contaminated with F037 and F038, and the organic chemicals
industry, which will generate the remainder of debris effected by the rule.

    d.Methodology  for  Assessing  Regulatory  Impact  Due  to  Storage and
Treatment in Containment Buildings.As a result of today's rule, containment
buildings  could  be used as a method of waste management. They potentially
could  provide  regulatory  relief to the regulated community. Accordingly,
the  Agency  assessed the potential cost implications of using these units.
In  its  assessment,  EPA  considered  industries that will use containment
buildings for storage of bulk wastes and treatment of contaminated debris.

    (i)  Industries  and Wastes Potentially Using Containment Buildings for
Storage  of  Bulk  Wastes.  EPA  believes  that  two  primary categories of
facilities  currently  use structures very similar to containment buildings
for  storage  and  are likely to convert to use of containment buildings in
the  future:  mineral processing and metal recycling facilities. Within the
mineral  processing  category,  the  Agency  believes  that  generators  of
aluminum  potliners  will be particularly affected by the provision. Within
the   metal  recycling  category,  the  Agency  believes  that  brokers  of
batteries,  battery  recyclers  (i.e.,  lead  smelters), and generators and
recyclers of dust and ash from primary steel producers will be particularly
affected.  The  Agency bases these beliefs on a review of the waste volumes
these  industries  generate and comments that it has received on industrial
practices.  In  addition, the Agency received extensive public comment from
representatives  of  the  three  industries,  thus  enabling  the Agency to
perform  a  more  detailed  analysis  of  these  industries  than  of other
industries.

    In  the  case  of  aluminum  potliners,  EPA  is assuming that aluminum
facilities  already  have  Subtitle  C storage permits, since potliners are
currently  being  stored  on-site  in  waste  piles  pending  bulk shipment
off-site.  Because waste piles are a form of land disposal, if there was no
containment  building  provision,  in  order  to  comply  with the LDRs EPA
believes  that  large  facilities  will  have  revert  to sending potliners
off-site  at  the time of generation. This change in practices would result
in  higher transportation and disposal costs, given the increased frequency
of  shipments.  Today's  containment  building  provision  will allow large
generators of spent aluminum potliners to continue their present management
methods even after treatment standards are set for K088.

    In  the  case  of  the  lead acid battery recovery industry, the Agency
believes  that  brokers  of  lead acid batteries and recyclers of lead acid
batteries  will be the primary parties affected by the containment building
provision.  Attempts  to  handle  furnace  feed  materials differently have
proven  unsuccessful  and  to date remain infeasible. Because EPA considers
the  staging  of  furnace  feed materials in the furnace feed areas as land
disposal  under  the  LDRs,  bulk  storage  would  be prohibited unless the
materials  are  first  treated.  Thus,  if  containment  buildings were not
excluded  from  LDR  regulation,  generators  would  have to seek treatment
alternatives,  such as off-site stabilization, that might be more expensive
than  lead  recycling  and  that  do not promote resource recovery. Today's
provision   will   allow  brokers  and  secondary  smelting  facilities  to
accumulate  sufficient  quantities to allow for more efficient shipment and
processing.

    Lastly,  with  regard  to  the primary steel production industry, steel
facilities  store, and sometimes treat, production dust, primarily K061, in
order  to lower the cost of waste management through waste accumulation. As
in  the  lead  smelting industry, attempts to handle furnace feed materials
differently  are  infeasible.  If generators are not able to store waste to
facilitate transportation and treatment, they would have to seek management
alternatives, such as off-site stabilization, that would remain feasible if
waste   had  to  be  sent  off-site  immediately  after  generation.  These
alternatives  might  be  more expensive than HTMR. The Agency believes that
both  generators  of  K061  and HTMR facilities could take advantage of the
containment  building provision and continue to store wastes in the present
manner.

    The  Agency  recognizes  the  possibility  that  small  generators  and
recyclers  of  bulk  hazardous  waste  may  not  recognize  as  significant
regulatory  relief  from  the  containment  buildings  provision  as larger
generators. Small generators are less likely than larger generators to have
existing  structures  which are similar in design to containment buildings,
and  small  generators  may not generate enough waste to fully capitalize a
containment  building.  The  Agency believes that many small generators and
recyclers  of  all  types  of  bulk  hazardous waste presently use concrete
storage bins that are regulated under RCRA as tanks (and thus are granted a
90-  day  storage  exclusion  from  the  LDRs). Storage in concrete bins is
possible  for  small  generators and recyclers because they do not need the
large  areas  to  store  and  monitor their hazardous waste. For example, a
small  generator  of aluminum smelting waste may store its spent potliners,
each  weighing  about 10 tons, in a tank-like concrete bin. Because of this
use  of  concrete  bins,  the  Agency  believes  that many small generators
already enjoy the exclusion from the LDRs that use of containment buildings
would provide.

    On  the  other  hand,  the industrial practices of large generators and
recyclers  often  necessitate the use of large containment buildings. Large
aluminum  smelting  facilities  are  likely  to  generate  spent  potliners
weighing  an  order of magnitude more than those of small generators (e.g.,
150  tons  versus  10  tons)  and  thus  they  could  take advantage of the
increased  storage  capabilities  of  large  containment  buildings.  Large
recyclers  often  require large areas for proper monitoring and preparation
of  waste,  and also could benefit from the containment building provision.
For  example,  large recyclers of lead smelting require substantial staging
areas  to  achieve  time-efficient  and  proper draining of lead waste from
''cracked''  batteries.  Large facilities are the primary facilities likely
to  gain  economies of scale in the transportation, treatment, and disposal
costs  from  the  containment  building  provision. As a result, the Agency
believes  that  large volume managers of wastes, such as those found in the
three industries being analyzed, will realize significant benefits from the
provision, while small volume managers will not.

    For  this  reason,  as  well  as  the fact that the scarcity of data on
smaller  facilities  does  not permit a meaningful analysis, the Agency has
focused  its  analysis  on  large  generators. The Agency acknowledges that
other  industries  besides the three being considered could profit from the
containment  building provision. The Agency, however, is using the analysis
{pg  37259}  of  these  three  industries  to  gain an understanding of the
economic  implications  of  containment  buildings  in  use  for storage of
wastes.

    (ii)  Facilities  Potentially Using Containment Buildings for Treatment
of  Hazardous  Debris.  In  addition  to  analyzing  the use of containment
buildings  in  the  aluminum  smelting,  secondary lead smelting, and steel
production  industries, the Agency assessed the effects of the provision on
facilities  generating  hazardous  debris.  To  analyze  the potential cost
savings  associated with treatment in containment buildings, EPA assumed in
lieu  of  the  today's  rule,  that facilities would treat hazardous debris
off-site;  the Agency assumed that under the containment building provision
in  today's  rule,  facilities will treat debris on-site inside containment
buildings.  The  Agency  used  a weighted average of commercial on-site and
off-site  extraction  and  immobilization costs for its cost comparison and
took  into  account  the  cost  of constructing and operating a containment
building.

    e.Wastes  Not  Considered.The  costs  associated  with  two  groups  of
wastes-F001  through  F005  spent  solvents  and  24  K- and U- wastes with
wastewater  standards  based  on scrubber waters-were not quantified by the
Agency  in  this  screening analysis. The Agency has regulated these wastes
previously  and is revisiting them in the rule only to modify the basis for
concentration   standards.   The  modifications  are  for  the  purpose  of
standardization  in  testing  procedures  and  in  the  basis for treatment
standards  and  for  the  purpose  of  clarification  to ensure appropriate
placement  in the Code of Federal Regulations. These modifications will not
change   the   required  management  practices  for  any  of  these  wastes
significantly. Thus, the Agency expects such changes to have no significant
cost impacts.

2. Cost Estimates

    a.Total  Cost  Estimate.The estimate for the incremental annual cost of
the standards promulgated in today's rule is $57 million to $65 million per
year.  fn  56  Table  IX-1  presents  quantities  of the wastes affected by
today's rule. The estimated cost of compliance with the rule for each waste
is  presented in Table IX-2. Neither table includes F001 through F005 spent
solvents  or  the  24  K-  and U-wastes covered by today's rule because the
effect  of  the rule on these wastes is negligible, as explained in Section
IX.1.e.

fn  56  Wastewaters  account  for  none  of  the  cost  of today's rule. No
compliance   costs  are  expected  for  treatment  of  wastewaters  because
wastewaters  are  typically  discharged  to  publicly owned treatment works
(POTWs)  or  to  coastal  and  inland  waterways  under  National Pollution
Discharge  Elimination  System  (NPDES) permit provisions. When wastewaters
are  discharged  in  this  manner,  they  are  not subject to the treatment
standards required by the LDRs under RCRA.

    b.Waste  Code  Cost  Estimates.(i)  Petroleum Refining Wastes (F037 and
F038). The Agency estimates the total incremental annual cost for treatment
of  F037  and  F038  nonwastewaters  to  range  between $40 million and $47
million.  This  figure  is  based  on an annual F037 and F038 land disposed
volume  of  130,000  tons  per year in States other than California. In the
upper  bound  of  the cost range shown for F037 and F038, 35 percent of the
post-regulatory  cost  are  from  off-site  treatment. The high cement kiln
price  used  in  this  analysis,  $1,200  per  ton,  is  expected  to be an
overestimate  of  the  long-term  price  for  treatment  in  cement  kilns.
Presently,  cement  kilns  appear to be charging rates slightly below those
charged  by  incinerators;  as  more cement kilns are able to handle wastes
their  prices should decrease. Because of the high prices charged by cement
kilns,  the  Agency has analyzed the costs for F037 and F038 in a range, as
shown above.
 Table IX-1.-Summary of Annual Quantities of Wastes Affected by
 the LDRs
 Waste     Petroleum refining sludges (F037 and F038)
 Annual land disposal rate     30,000 tons of routinely generated
 waste currently land disposed, excluding waste generated in
 California
 Annual land disposal rate     Dewatered sludge
 Form of waste affected     Routine
 Generation type     Solvent extraction; incineration; cement
 kilns.

 Waste     Unsymmetrical dimethylhydrazine production wastes
 (K107-K110)
 Assumed management method     No longer produced

 Waste     2-Ethoxyethanol (U359)
 Annual land disposal rate      sup 6< 500 tons
 Form of waste affected     Nonwastewater
 Generation type     Routine
 Assumed management method     Incineration or fuel substitution.

 Waste     Dinitrotoluene and toluenediamine production wastes
 (K111 and K112, U328 and U353)
 Annual land disposal rate     3,500 tons-K111, 0 tons-K112, sup
 6< 500 tons of U328 and U353
 Form of waste affected     Nonwastewater
 Generation type     Routine
 Assumed management method     Incineration.

 Waste     Ethylene dibromide (EDB) production wastes (K117, K118,
 and K136) and methyl bromide production wastes (K131 and K132)
 Annual land disposal rate      sup 6< 100 tons-K118, sup 6< 100
 tons-K132
 Form of waste affected     Nonwastewater
 Generation type     Routine
 Assumed management method     Incineration.

 Waste     Ethylenebisdithiocarbamic acid (EBDC) production wastes
 (K123, K124, K125, and K126)
 Annual land disposal rate      sup 6< 100 tons-K125
 Form of waste affected     Nonwastewater
 Generation type     Routine
 Assumed management method     Incineration.

 Waste     Electric arc furnace dust (K061)
 Annual land disposal rate     67,000 tons of low zinc K061 sup a
 Form of waste affected     Solid
 Generation type     Routine
 Assumed management method     High temperature metals recovery.

 Waste     Debris contaminated with newly listed wastes sup b
 Annual land disposal rate     XXX tons
 Form of waste affected     Solid
 Generation type     Routine and intermittent
 Assumed management method     Destruction; immobilization;
 extraction.

 Waste     Previously regulated debris
 Annual land disposal rate     1,000,000 tons
 Form of waste affected     Solid
 Generation type     Routine and intermittent
 Assumed management method     Destruction; immobilization;
 extraction.

  sup a Of the set of wastes potentially affected by a new BDAT
 for wastes with high chromium and high nickel content (including
 K061, K062, and F006), the Agency is considering K061 only. The
 quantity given for K061 is based on the generation quantity
 instead of on the quantity that is land disposed.

  sup b The quantity presented here for newly regulated debris is
 an estimate pending completion of the Agency's analysis for
 hazardous debris.

 Table IX-2.-Summary of Annual Costs of LDR Phase I Wastes
    In millions of dollars per year

 Waste

    Wastes with Positive Incremental Cost:
   Petroleum refining sludges (F037 and F038)
 Post regulatory costs      sup b 58 to 66
 Baseline costs sup a       sup b 18
 Incremental costs     40 to 47
   Unsymmetrical dimethylhydrazine production wastes (K107-K110)
 Post regulatory costs     0
 Baseline costs sup a      0
 Incremental costs     0
   2-Ethoxyethanol (U359)
 Post regulatory costs     0.4
 Baseline costs sup a      0.1
 Incremental costs     0.3
   Dinitrotoluene and toluenediamine production wastes (K111 and
 K112, U328 and U353)
 Post regulatory costs     7
 Baseline costs sup a      1
 Incremental costs     6
   Ethylene dibromide (EDB) production wastes (K117, K118, and
 K136) and methyl bromide production wastes (K131 and K132)
 Post regulatory costs     0.3
 Baseline costs sup a       sup 6< 0.1
 Incremental costs     0.3
   Ethylenebisdithiocarbamic acid (EBDC) production wastes (K123,
 K124, K125, and K126)
 Post regulatory costs     0.2
 Baseline costs sup a      0.1
 Incremental costs     0.2
   Debris contaminated with newly listed wastes
 Post regulatory costs     15
 Baseline costs sup a      5
 Incremental costs     10

 Total for newly listed wastes
 Post regulatory costs     81 to 89
 Baseline costs sup a      24
 Incremental costs     57 to 65

    Wastes with Negative Incremental Cost:
   Electric arc furnace dust (K061)
 Post regulatory costs     19
 Baseline costs sup a      30
 Incremental costs     (11)
   Previously regulated debris
 Post regulatory costs     970
 Baseline costs sup a      1,600
 Incremental costs     (560)

  sup a Baseline assumes all waste is landfilled, except for
 previously regulated debris.

  sup b The range of costs shown represents a unit price for
 cement kilns of between $700 per ton and $1200 per ton. This
 range is reflected in the total costs shown for each column as
 well.

    (ii)  Wastes  from  the  Production  of Unsymmetrical Dimethylhydrazine
(K107-K110).  The Agency did not calculate costs of treatment standards for
wastes from the production of unsymmetrical dimethylhydrazine (UDMH) (K107,
K108,  K109,  and  K110).  This decision was made based on information that
these wastes are no longer generated.

    (iii)   2-Ethoxyethanol   Wastes   (U359).   The  Agency  estimated  an
incremental  annual  cost of $700,000 for the standards developed for these
wastes.  This cost is based on an upper bound assumption of incineration of
500 tons annually.

    (iv)  Wastes from Production of Dinitrotoluene and Toluenediamine (K111
and  K112,  U328 and U353). The Agency estimated an incremental annual cost
of  $6.1  million for the standards developed for these wastes. This figure
is  based  on  an  annual  land  disposal  estimate  of  3,500 tons of K111
nonwastewater, an upper bound assumption of 100 tons of K112 nonwastewater,
and an upper bound assumption of 500 tons of U328 and U353 combined.
    (v) Wastes from Production of Ethylene Dibromide (EDB) (K117, K118, and
K136).  The standards for these wastes have an estimated incremental annual
cost  of  $300,000.  This figure is based on upper bound assumptions of 100
tons  of  K118  nonwastewater  and 100 tons of K132 nonwastewater requiring
incineration.

    (vi)  Wastes  from  Production of Ethylenebisdithiocarbamic Acid (EBDC)
(K123-K126).  The  incremental  annual  cost  estimated for these wastes is
$150,000.  This figure is based on an upper bound assumption of 100 tons of
K125 nonwastewater requiring incineration.

    (vii)  K061, F006, K062. The only previously regulated wastes revisited
in  today's  rule  for  which  the Agency developed cost estimates are K061
low-zinc  wastes.  (As discussed above, the standards for F006 and K062 are
expected  to have no incremental costs associated with them.) The standards
for K061 wastes are based on high temperature metals recovery (HTMR). These
standards,  as applied to K061, could save industry up to approximately $11
million  annually (i.e., The standards in today's rule are potentially less
costly  than  the  existing  standards.). This figure is based on an annual
generation  estimate  of  67,000  tons.  The  Agency  has used a generation
estimate rather than a land disposal estimate for this waste because of the
high  level  of uncertainty regarding the quantity of low zinc K061 that is
currently  treated using HTMR. The effect of using a generation estimate of
the K061 volume is that the cost savings presented is likely to be an over-
estimate of the true cost savings for these standards.

    c.Results for Hazardous Debris.There are two groups of hazardous debris
in  this  rule. The first group includes all previously regulated hazardous
debris:  Debris  contaminated with wastes regulated under the previous HSWA
land  disposal  restriction  rules  (i.e., Solvents and Dioxins, California
List,  First  Third,  Second Third, Third Third rules). The second group of
hazardous  debris  includes debris contaminated with wastes newly regulated
under today's rule (e.g., F037).

    (i)Previously  Regulated Hazardous Debris.As of May 8, 1992, all of the
national  capacity  variances  for  the  debris  regulated in the HSWA land
disposal  restriction  scheduled  waste  rules  will expire. (If the Agency
proceeds  with the planned national case-by- case variance, this date would
be  extended  to  May  8,  1993.) All previously regulated hazardous debris
would   then  be  required  to  meet  the  existing  standards  for  debris
established in the scheduled waste rules. Since the Agency is interested in
long-term  treatment  costs,  its  analysis  does not take into account the
effect of the national capacity variance on treatment of hazardous debris.
    Standards  for  debris  established  in today's rule allow considerably
more  flexibility in debris treatment than did the standards established in
the  LDR  scheduled waste rules. In addition, today's standards provide for
the  use  of  many more extraction technologies for treatment then the HSWA
standards;  extraction  technologies  often  can be cheaper to use than the
destruction and immobilization technologies that are required under current
regulations.  Furthermore, today's treatment standards allow debris treated
by  destruction  and extraction technologies to be excluded from subtitle C
disposal.  Therefore,  EPA  estimates that today's standards for previously
regulated  debris will result in a potential regulatory relief to industry.
The  Agency  estimates  baseline  costs,  costs of debris treatment and the
prior  land  disposal restrictions rules after all variances are expired to
be  $1,600  million per year; under this rule the costs would be reduced by
$560  million per year to $970 million. It should be noted that if there is
a  portion  of  the  previously  regulated  debris  volume  which  would be
generated  and  managed  only  during  the  period of the national capacity
variance,  to the degree that this portion is reflected in the cost savings
presented, these savings would be over-estimated. {pg 37261}

    One  issue  should  be  noted,  however,  regarding  the  baseline  for
previously  regulated  debris.  The  standard  baseline in cost analysis is
formulated  as  the  scenario  of  existing  management requirements in the
absence  of a new rule. In today's rule, the volume of previously regulated
debris  is  currently  under a capacity variance. In the absence of today's
rule,  once the variance expires, treatment according to existing standards
is  required.  Therefore,  the  baseline  used  in the cost analysis is the
existing standards. fn 57 However, since most hazardous debris is currently
under  the national capacity variance, treatment of hazardous debris is not
generally  occurring.  Therefore,  the baseline being used does not reflect
current   debris  management  practices.  Yet,  in  keeping  with  standard
regulatory analysis procedures, the Agency believes it to be appropriate to
analyze  costs  for  the  volume  of previously regulated debris based on a
baseline of compliance with existing standards.

fn  57  It  should  be noted that due to the limited data available for the
cost  analysis  for  the  previous  LDR rules, the hazardous debris volumes
estimated  by  the  Agency  were  small  in  comparison  to  the previously
regulated  contaminated  debris  volume  estimated  for  today's  rule. EPA
believes  that  it  underestimated  compliance  costs  for hazardous debris
treatment under the previous LDR rules due to this lack of data.

    (ii)  Newly  Regulated  Hazardous Debris. The results of EPA's analysis
indicate  that  the  volume  of hazardous debris newly regulated by today's
rule has a 98 percent likelihood of falling between 18,000 and 119,000 tons
per  year and the corresponding incremental cost of managing this waste has
a  98  percent  likelihood of falling between $3.8 million and $120 million
per  year.  The median annual incremental cost for treating newly regulated
debris was $10 million. For purposes of determining whether today's rule is
a  major  rule as defined by Executive Order 12291, EPA has used the median
volume and cost results from its analysis.

    The  volume  of debris contaminated with F037 and F038 has a 98 percent
likelihood  of falling between 13,000 tons per year and 24 million tons per
year in the long term future (i.e., more than five years after promulgation
of today's rule). The incremental annual cost of treating this debris has a
98 percent likelihood of falling between $1.2 million and $5.8 million. The
median  incremental  cost  of treating F037 and F038-contaminated debris in
EPA's  analysis  was  $3.1 million. EPA acknowledges that in the short-term
future  (i.e.,  in the first five years after promulgation), the compliance
costs  of  treating  debris  contaminated  with  F037 and F038 will be much
higher.

    The volume of debris contaminated with newly regulated organic chemical
wastes has a 98 percent likelihood of falling between 3,400 tons and 98,000
tons  per  year  in  the  long  term future. The incremental annual cost of
treating  this  debris  has a 98 percent likelihood of falling between $1.4
million  and  $120  million. The median incremental cost of treating debris
contaminated with newly regulated organic waste was $7.1 million.

    d.Cost  Savings From Storage and Treatment in Containment Buildings.The
Agency  lacked  information with which to infer the typical dimensions of a
containment building used to treat contaminated debris; therefore, the same
size  containment  buildings  were  used  for  the  analysis  of  treatment
containment  buildings  as  were  used for the storage containment building
analysis.  The  calculations  indicate  that  use  of containment buildings
designed  to  store  the typical waste quantities associated with the three
industries  considered  and  to  treat  contaminated debris could result in
significant  cost savings. Please see the EIA for complete results from the
Agency's analysis.

    To  arrive  at the estimates of cost savings, the Agency calculated the
annualized  costs of containment buildings. All costs were estimated as the
present  value  of  the  capital and recurring costs incurred by facilities
over  an  assumed  20-year operating life. The present value costs was then
annualized  over  20  years to arrive at equal annual payments. Implicit in
this  approach is the assumption that facilities will be able to smooth out
anticipated  costs with some form of financing over a 20-year period. Three
and  seven  percent  social  discount rates, assumed constant for 20 years,
were used to calculate the annualized costs.

    In  addition  to estimating the overall incremental cost savings of the
containment  building  provision,  the  Agency addressed three other issues
associated  with  containment  buildings: the costs of retaining corrective
action  authority of the containment buildings, costs of recordkeeping, and
costs of engineered barriers required for liquids and dust.

    Under  today's  rule,  corrective  action authority will be extended to
permitted  containment  buildings;  corrective action authority will not be
extended  to unpermitted containment buildings (i.e., those buildings under
the  90-day  generator  exemption from permitting). The Agency assumes that
only  facilities  that  already  have RCRA permits will choose to construct
permitted   containment   buildings  and  that  all  containment  buildings
constructed at facilities without existing RCRA permits will be unpermitted
(i.e.,  they  will  not  be affected by the corrective action provisions in
today's rule). Based on these assumptions, the Agency does not believe that
today's  provision  will  produce  any  incremental  costs or benefits with
regard to corrective action authority.

    The Agency believes the recordkeeping requirements of today's provision
will   have  little  impact  on  industries  choosing  to  use  containment
buildings.  The  Agency  assumed that annual recordkeeping costs range from
$1100 to $33,000/facility, depending on the volume of waste managed.

    In  addition  to  quantitative  estimates  of  recordkeeping costs, the
Agency  qualitatively  assessed  the benefits of recordkeeping requirements
for  containment  buildings.  The  Agency  believes the costs are justified
given the potential benefits that the public may incur.

    Recordkeeping  establishes adequate inspection plans to ensure that the
unit  is  operating  as  designated.  This  goal  is  achieved  through the
establishment   of  an  inspection  program  that  ensures  the  structural
integrity  of  the  unit  and prompt detection of any leaks or releases. As
discussed  in  section IV.G, the Agency is requiring an inspection schedule
for  these  units  whereby,  at  least  once each week, monitoring and leak
detection equipment, the containment building, and the area surrounding the
containment  building  is  checked  to  ensure  the  unit is being properly
operated and that no leaks or releases have occurred.

    The  Agency  believes  such  controls  are key to providing simple, yet
adequate,  maintenance  of  facilities  to  prevent detrimental releases of
hazardous  waste.  In  addition,  monitoring  buildings and wastes releases
facilitates the Agency's enforcement actions.
    The  Agency  does  not  believe  that  facilities will be significantly
affected  by  these requirements. It is the Agency's understanding that the
majority of facilities already have, or could easily, modify their existing
operations to add these recordkeeping measures. The Agency notes that large
facilities  are  the  most likely to use containment buildings and believes
that  these facilities will be able to incorporate additional recordkeeping
into their present operations with relatively little cost.

    The  final  issue  the  Agency  analyzed  with  regard  to  containment
buildings  was  costs  associated  with  engineered {pg 37262} barriers and
fugitive dust emission controls. The annualized cost (i.e., assuming social
discount  rate  of  three  percent  and  cost annualized over 20 years) for
secondary  containment  ranged  from $7,000 to $23,000 per year for systems
for  50  minutes  x  30  minutes containment building and 340 minutes x 200
minutes   buildings,   respectively.  Fugitive  dust  control  ranged  from
approximately  $3,000 for a 50 minutes x 30 minutes building to $30,000 per
year  for  a  340 minutes x 200 minutes structure. (The building dimensions
are  representative of possible containment structures for all of the three
industries.)

    Given the results of the analysis presented in this section, the Agency
believes  that  the  containment building provision will provide regulatory
relief  to  large  facilities,  while  having  little to no impact on small
facilities.  The  Agency believes that facilities in the mineral processing
and  recycling  industries  are  particularly  likely  to benefit from this
provision.

3. Economic Impacts

    A full economic impacts analysis was not performed because of a lack of
data  in  many  areas.  The  Agency,  however,  qualitatively  assessed the
economic impacts attributable to today's rule.

    a.Petroleum  Refining Wastes (F037 and F038).The Listing RIA considered
the  economic  impact  of the F037 and F038 listing in light of anticipated
land  disposal  restrictions  on these wastes. The impacts estimated in the
Listing  RIA  were  driven  by facility costs and the economic viability of
facility owners. The results of the Listing RIA's economic impacts analysis
are summarized below.

    In the Listing RIA, two to five percent of the refineries (depending on
the  cost  scenario)  had  cost  impacts greater than one percent of sales.
(Cost  impacts exceeding one percent of sales can be viewed as an indicator
of  potentially significant economic impact.) Slightly under two percent of
the  refineries  had  cost impacts that exceeded two percent of sales under
the  high-cost  scenario, indicating more severe economic impacts. Nine out
of  ten  affected  refineries in the high-cost scenario had costs below 0.5
percent of sales, and over three-quarters of the refineries fell below 0.25
percent, indicating no significant impacts.

    The  analysis  of small entities presented in the Listing RIA indicated
that   there   were  potentially  seven  non-integrated  refineries  (i.e.,
refineries  that  did  not  produce  their  own  crude and market their own
products)  with  cost-to-sales  ratios  greater  than one percent under the
high-cost  scenario. A further analysis of employment effects and potential
closures  was  not  possible  because  of  insufficient  financial data for
individual refineries.

    EPA  compared  the  incremental  compliance  cost for the F037 and F038
standards  in  today's rule with that of the Listing Rule. The Agency found
that  today's  rule  will  have an incremental compliance cost for F037 and
F038  waste,  including both nonwastewater and hazardous debris, of between
$49 million and $58 million, while the Listing RIA estimated an incremental
annual  compliance  cost  of  $53  million  to  $102  million. Based on its
qualitative  analysis,  EPA  believes  that the economic impacts of today's
rule will be less than the impacts estimated by the Listing RIA.
    b.Remaining  Wastes.Considering  the  economic  impacts of LDRs for the
newly  listed organic wastes other than F037 and F038, the Agency estimated
the costs associated with all wastes to be insignificant, with the possible
exception  of  dinitrotoluene  and  toluenediamine  production  wastes. The
Agency, however, did not have the data to examine these economic impacts.

    A  quantitative  assessment of the economic impacts associated with the
hazardous  debris  standards  was not possible because of data limitations.
The  Agency  does  not  have comprehensive site-specific information on the
volumes of previously regulated or newly listed hazardous debris.

    The  Agency  expects  that  the impacts for previously regulated debris
will  not  be  significant  since the revised standards are likely to be no
more  costly,  and  in  some  cases  less  costly, than the standards which
currently  exist.  The  impacts  of  the  rule on newly regulated hazardous
debris are uncertain. The estimated incremental cost for these standards is
expected  to  range  between  $3.8  million and $120 million annually. If a
relatively  large  number of facilities bear the burden of this cost, it is
likely that these standards will not have a significant impact.

B. Regulatory Flexibility Analysis
    Pursuant  to  the  Regulatory  Flexibility Act of 1980, 5 U.S.C. 601 et
seq.,  whenever an agency publishes a notice of rulemaking, it must prepare
and  make  available  for  public comment a Regulatory Flexibility Analysis
(RFA)  that describes the effect of the rule on small entities (i.e., small
businesses,  small  organizations,  and  small governmental jurisdictions).
This analysis is unnecessary, however, if the rule is estimated not to have
a significant economic effect on a substantial number of small entities.

    According to EPA's guidelines for conducting an RFA, if over 20 percent
of  the  population  of  small  entities  is likely to experience financial
distress based on the costs of the rule, then the Agency considers that the
rule  will  have  a  significant  impact  on  a substantial number of small
entities,  and  must  perform  an  RFA. The Agency has virtually no data on
small  entities  affected  by  today's rule. Because of the low incremental
costs  incurred  for  the newly listed waste standards, the Agency believes
that  the  only  area  of  potential  importance  is  the  hazardous debris
treatment  standards.  The  previously  regulated  debris  standards, being
potentially  a regulatory relief, are, for this analysis, considered to not
have  an  effect  on small entities. For the debris contaminated with newly
listed  wastes, the impacts to small facilities are uncertain, although may
be significant. Therefore, although insufficient data was available to make
a  determination,  the  Agency  estimates  that  there  are not significant
impacts on over 20 percent of the population of small entities based on the
costs of the rule, so the Agency has not conducted an RFA for today's rule.

C. Paperwork Reduction Act

    The  information  collection  requirements for newly listed wastes were
promulgated  in previous land disposal restriction rulemakings and approved
by  the Office of Management and Budget (OMB) under the Paperwork Reduction
Act (PRA), 44 U.S.C. 3501 et seq. and have been assigned OMB control number
2050-0085. A copy of the Information Collection Request (ICR) document (ICR
1442.03) may be obtained from Sandy Farmer, Information Policy Branch, EPA,
401  M  Street  SW.  (PM-223Y),  Washington,  DC  20460 or by calling (202)
260-2740.

    The  new  information collection requirements and revisions to existing
requirements  in  this rule will be submitted for approval to OMB under the
PRA.  These  requirements  are  not effective until OMB approves them and a
technical amendment to that effect is published in theFederal Register.

    Send comments regarding the burden estimate or any other aspect of this
collection  of information, including suggestions for reducing this burden,
to Chief, Information Policy Branch, PM-223Y, U.S. Environmental Protection
Agency,  401  M  Street  SW.,  Washington,  DC  20460; and to the Office of
Information  and  Regulatory  Affairs,  Office  of  Management  and Budget,
Washington, DC 20503, marked ''Attention: Jonathan Gledhill.'' {pg 37263}

List of Subjects

40 CFR Part 148

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

40 CFR Part 260

    Administrative    practice   and   procedure,   Confidential   business
information, Hazardous waste.

40 CFR Part 261

    Hazardous waste, Recycling, Reporting and recordkeeping requirements.

40 CFR Part 262
    Exports,  Hazardous materials transportation, Hazardous waste, Imports,
Labeling,   Packaging   and   containers,   Reporting   and   recordkeeping
requirements.

40 CFR Part 264

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

40 CFR Part 265

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

40 CFR Part 268

    Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 270
    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

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

    Dated: June 30, 1992.

William K. Reilly,

Administrator.

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

PART 148-HAZARDOUS WASTE INJECTION RESTRICTIONS
    1. The authority citation for part 148 continues to read as follows:

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

    2. Section 148.17 is added to subpart B of part 148 to read as follows:
Sec. 148.17 Waste specific prohibitions; newly listed wastes.

    (a) Effective November 9, 1992, the wastes specified in 40 CFR part 261
as  EPA  hazardous  waste numbers F037, F038, K107, K108, K109, K110, K111,
K112,  K117, K118, K123, K124, K125, K126, K131, K136, U328, U353, and U359
are prohibited from underground injection.

    (b) Effective June 30, 1995, the wastes specified in 40 CFR part 261 as
EPA  Hazardous waste numbers K117, K118, K131, and K132 are prohibited from
underground injection.

    (c)  The  requirements of paragraphs (a) and (b) of this section do not
apply:

    (1)  If the wastes meet or are treated to meet the applicable standards
specified in subpart D of part 268; or
    (2)  If an exemption from a prohibition has been granted in response to
a petition under subpart C of this part; or

    (3) During the period of extension of the applicable effective date, if
an extension has been granted under Sec. 148.4 of this part.

PART 260-HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

    3. 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.

    4.  In  Sec. 260.10, a definition for ''containment building'' is added
in  alphabetical  order  and  the definitions of ''miscellaneous unit'' and
''pile'' are revised to read as follows:
Sec. 260.10 Definitions.

    Containment  building  means  a hazardous waste management unit that is
used  to  store or treat hazardous waste under the provisions of subpart DD
of parts 264 or 265 of this chapter.
    Miscellaneous  unit  means  a  hazardous  waste  management  unit where
hazardous  waste  is  treated,  stored,  or  disposed  of and that is not a
container,  tank, surface impoundment, pile, land treatment unit, landfill,
incinerator,  boiler,  industrial  furnace, underground injection well with
appropriate   technical  standards  under  40  CFR  part  146,  containment
building,  or  unit eligible for a research, development, and demonstration
permit under Sec. 270.65 of this chapter.

    Pile  means  any  non-containerized  accumulation  of solid, nonflowing
hazardous  waste  that  is  used for treatment or storage and that is not a
containment building.

PART 261-IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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

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

    6.  In  Sec. 261.3 paragraphs (a)(2)(iii) and (c)(2)(ii)(C) are revised
and paragraph (f) is added to read as follows:
Sec. 261.3 Definition of hazardous waste.
    (a)

    (2)

    (iii)  It  is  a mixture of a solid waste and a hazardous waste that is
listed  in subpart D of this part solely because it exhibits one or more of
the  characteristics  of  hazardous  waste  identified in subpart C of this
part, unless the resultant mixture no longer exhibits any characteristic of
hazardous  waste  identified in subpart C of this part, or unless the solid
waste  is excluded from regulation under Sec. 261.4(b)(7) and the resultant
mixture no longer exhibits any characteristic of hazardous waste identified
in subpart C of this part for which the hazardous waste listed in subpart D
of this part was listed. (However, nonwastewater mixtures are still subject
to  the  requirements  of  part 268 of this chapter, even if they no longer
exhibit a characteristic at the point of land disposal).

    (c)

    (2)

    (ii)
    (C)(1)  Nonwastewater  residues,  such  as  slag,  resulting  from high
temperature  metals recovery (HTMR) processing of K061, K062 or F006 waste,
in  units  identified  as  rotary kilns, flame reactors, electric furnaces,
plasma  arc furnaces, slag reactors, rotary hearth furnace/electric furnace
combinations or industrial furnaces (as defined in paragraphs (6), (7), and
(13)  of  the definition for ''Industrial furnace'' in 40 CFR 260.10), that
are  disposed  in  subtitle  D units, provided that these residues meet the
generic  exclusion  levels  {pg  37264}  identified  in  the tables in this
paragraph for all constituents, and exhibit no characteristics of hazardous
waste.  Testing  requirements  must  be  incorporated in a facility's waste
analysis  plan or a generator's self-implementing waste analysis plan; at a
minimum,  composite  samples  of  residues  must  be collected and analyzed
quarterly  and/or  when  the  process  or  operation  generating  the waste
changes. Persons claiming this exclusion in an enforcement action will have
the  burden  of  proving by clear and convincing evidence that the material
meets all of the exclusion requirements.
    Generic exclusion levels for K061 and K062 nonwastewater HTMR
 residues

 Constituent     Antimony
 Maximum for any single composite sample-TCLP (mg/l)     0.10
 Constituent     Arsenic
 Maximum for any single composite sample-TCLP (mg/l)     0.50

 Constituent     Barium
 Maximum for any single composite sample-TCLP (mg/l)     7.6

 Constituent     Beryllium
 Maximum for any single composite sample-TCLP (mg/l)     0.010

 Constituent     Cadmium
 Maximum for any single composite sample-TCLP (mg/l)     0.050

 Constituent     Chromium (total)
 Maximum for any single composite sample-TCLP (mg/l)     0.33

 Constituent     Lead
 Maximum for any single composite sample-TCLP (mg/l)     0.15

 Constituent     Mercury
 Maximum for any single composite sample-TCLP (mg/l)     0.009

 Constituent     Nickel
 Maximum for any single composite sample-TCLP (mg/l)     1.0

 Constituent     Selenium
 Maximum for any single composite sample-TCLP (mg/l)     0.16

 Constituent     Silver
 Maximum for any single composite sample-TCLP (mg/l)     0.30

 Constituent     Thallium
 Maximum for any single composite sample-TCLP (mg/l)     0.020

 Constituent     Zinc
 Maximum for any single composite sample-TCLP (mg/l)     70

    Generic exclusion levels for F006 nonwastewater HTMR residues

 Constituent     Antimony
 Maximum for any single composite sample-TCLP (mg/l)     0.10

 Constituent     Arsenic
 Maximum for any single composite sample-TCLP (mg/l)     0.50
 Constituent     Barium
 Maximum for any single composite sample-TCLP (mg/l)     7.6

 Constituent     Beryllium
 Maximum for any single composite sample-TCLP (mg/l)     0.010

 Constituent     Cadmium
 Maximum for any single composite sample-TCLP (mg/l)     0.050

 Constituent     Chromium (total)
 Maximum for any single composite sample-TCLP (mg/l)     0.33

 Constituent     Cyanide (total) (mg/kg)
 Maximum for any single composite sample-TCLP (mg/l)     1.8

 Constituent     Lead
 Maximum for any single composite sample-TCLP (mg/l)     0.15

 Constituent     Mercury
 Maximum for any single composite sample-TCLP (mg/l)     0.009

 Constituent     Nickel
 Maximum for any single composite sample-TCLP (mg/l)     1.0

 Constituent     Selenium
 Maximum for any single composite sample-TCLP (mg/l)     0.16

 Constituent     Silver
 Maximum for any single composite sample-TCLP (mg/l)     0.30

 Constituent     Thallium
 Maximum for any single composite sample-TCLP (mg/l)     0.020

 Constituent     Zinc
 Maximum for any single composite sample-TCLP (mg/l)     70

    (2)  A  one-time  notification  and certification must be placed in the
facility's  files  and sent to the EPA region or authorized state for K061,
K062  or  F006 HTMR residues that meet the generic exclusion levels for all
constituents  and  do  not  exhibit  any  characteristics  that are sent to
subtitle  D units. The notification and certification that is placed in the
generators  or  treaters  files must be updated if the process or operation
generating  the  waste  changes and/or if the subtitle D unit receiving the
waste  changes.  However, the generator or treater need only notify the EPA
region  or  an  authorized  state on an annual basis if such changes occur.
Such  notification  and  certification  should be sent to the EPA region or
authorized  state  by  the  end  of  the  calendar  year, but no later than
December  31.  The notification must include the following information: The
name  and address of the subtitle D unit receiving the waste shipments; the
EPA  Hazardous  Waste  Number(s)  and  treatability group(s) at the initial
point  of  generation; and, the treatment standards applicable to the waste
at  the initial point of generation. The certification must be signed by an
authorized  representative  and  must  state  as follows: ''I certify under
penalty  of law that the generic exclusion levels for all constituents have
been  met  without  impermissible  dilution  and  that no characteristic of
hazardous  waste  is  exhibited.  I  am  aware  that  there are significant
penalties  for  submitting a false certification, including the possibility
of fine and imprisonment.''

    (f)  Notwithstanding  paragraphs  (a)  through  (d) of this section and
provided the debris as defined in part 268 of this chapter does not exhibit
a  characteristic  identified  at  subpart  C  of  this part, the following
materials are not subject to regulation under 40 CFR parts 260, 261 to 266,
268, or 270:
    (1)  Hazardous  debris  as defined in part 268 of this chapter that has
been   treated   using  one  of  the  required  extraction  or  destruction
technologies  specified  in Table 1 of Sec. 268.45 of this chapter; persons
claiming  this  exclusion  in an enforcement action will have the burden of
proving by clear and convincing evidence that the material meets all of the
exclusion requirements; or

    (2)  Debris  as  defined  in part 268 of this chapter that the Regional
Administrator,  considering  the extent of contamination, has determined is
no longer contaminated with hazardous waste.

PART 262-STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

    8. The authority citation for part 262 continues to read as follows:

    Authority: 42 U.S.C. 6906, 6912, 6922, 6923, 6924, 6925, and 6937.

    9.  In  Sec. 262.34, paragraph (a)(1)(iii) introductory text is amended
by  removing  the  semicolon  at  the  end  and  replacing it with a colon,
paragraph  (a)(1)(iii)(B)  and  the concluding text of paragraph (a)(1) are
revised, and paragraph (a)(1)(iv) is added to read as follows:
Sec. 262.34 Accumulation time.
    (a)

    (1)

    (iii)

    (B)  Documentation  of  each  waste  removal, including the quantity of
waste  removed  from the drip pad and the sump or collection system and the
date and time of removal; and/or

    (iv)  The  waste  is  placed in containment buildings and the generator
complies  with  subpart  DD of 40 CFR part 265, has placed its professional
engineer certification that the building complies with the design standards
specified  in  40  CFR 265.1101 in the facility's operating record no later
than  60  days  after  the  date  of  initial  operation of the unit. After
February  18, 1993, PE certification will be required prior to operation of
the unit. The owner or operator shall maintain the following records at the
facility:

    (A)  A  written  description  of  procedures  to ensure that each waste
volume  remains in the unit for no more than 90 days, a written description
of  the  waste generation and management practices for the facility showing
that   they   are   consistent  with  respecting  the  90  day  limit,  and
documentation that the procedures are complied with; or

    (B) Documentation that the unit is emptied at least once every 90 days.

In  addition,  such  a  generator  is  exempt  from all the requirements in
subparts G and H of 40 CFR part 265, except for Secs. 265.111 and 265.114.

    10.  In  Sec.  262.34(a), the first paragraph designated (a)(2) and the
undesignated paragraph following (a)(2)(ii) are removed.

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

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

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

    12.  Section  264.110  is amended by removing the word ''and'' from the
end  of  paragraph  (b)(1), by adding a semicolon in place of the period at
the  end of paragraph (b)(2), by adding ''; and'' in place of the period at
the  end  of paragraph (b)(3), and by adding a new paragraph (b)(4) to read
as follows:
Sec. 264.110 Applicability.

    (b)

    (4) Containment buildings that are required under Sec. 264.1102 to meet
the requirement for landfills. {pg 37265}

    13.  Section  264.111  is  amended by revising paragraph (c) to read as
follows:
Sec. 264.111 Closure performance standard.

    (c)  Complies with the closure requirements of this subpart, including,
but  not  limited  to, the requirements of Secs. 264.178, 264.197, 264.228,
264.258, 264.280, 264.310, 264.351, 264.601 through 264.603, and 264.1102.

    14.  Section 264.112 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 264.112 Closure plan; amendment of plan.

    (a)
    (2)  The  Director's approval of the plan must ensure that the approved
closure  plan  is  consistent  with  Secs.  264.111 through 264.115 and the
applicable  requirements of subpart F of this part, Secs. 264.178, 264.197,
264.228,  264.258,  264.280, 264.310, 264.351, 264.601, and 264.1102. Until
final closure is completed and certified in accordance with Sec. 264.115, a
copy  of  the approved plan and all approved revisions must be furnished to
the Director upon request, including requests by mail.

    15.  Section  264.140  is amended by adding a semicolon in place of '',
and'' at the end of paragraph (b)(1), by adding a semicolon in place of the
period  at the end of paragraph (b)(2), by adding ''; and'' in place of the
period at the end of paragraph (b)(3), and by adding a new paragraph (b)(4)
to read as follows:
Sec. 264.140 Applicability.

    (b)

    (4) Containment buildings that are required under Sec. 264.1102 to meet
the requirements for landfills.

    16.  Section  264.142  is  amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 264.142 Cost estimate for closure.

    (a)  The  owner  or  operator must have a detailed written estimate, in
current dollars, of the cost of closing the facility in accordance with the
requirements  in  Secs.  264.111  through  264.115  and  applicable closure
requirements in Secs. 264.178, 264.197, 264.228, 264.258, 264.280, 264.310,
264.351, 264.601 through 264.603, and 264.1102.

    17. Subpart DD is added to part 264 to read as follows:

Subpart DD-Containment Buildings

Sec.

264.1100 Applicability.

264.1101 Design and operating standards.

264.1102 Closure and post-closure care.

264.1103-264.1110 Reserved
SUBPART DD-Containment Buildings
Sec. 264.1100 Applicability.

    The requirements of this subpart apply to owners or operators who store
or treat hazardous waste in units designed and operated under Sec. 264.1101
of  this  subpart.  These  provisions will become effective on February 18,
1993,  although  owner or operator may notify the Regional Administrator of
his  intent  to  be  bound by this subpart at an earlier time. The owner or
operator  is not subject to the definition of land disposal in RCRA section
3004(k) provided that the unit:

    (a)  Is  a  completely  enclosed,  self-supporting  structure  that  is
designed  and  constructed  of manmade materials of sufficient strength and
thickness  to support themselves, the waste contents, and any personnel and
heavy equipment that operate within the unit, and to prevent failure due to
pressure  gradients,  settlement,  compression, or uplift, physical contact
with  the  hazardous wastes to which they are exposed; climatic conditions;
and  the  stresses  of  daily  operation,  including  the movement of heavy
equipment  within  the  unit and contact of such equipment with containment
walls;

    (b)  Has  a primary barrier that is designed to be sufficiently durable
to  withstand  the  movement  of  personnel, wastes, and handling equipment
within the unit;

    (c) If the unit is used to manage liquids, has:

    (1)  A primary barrier designed and constructed of materials to prevent
migration of hazardous constituents into the barrier;

    (2) A liquid collection system designed and constructed of materials to
minimize the accumulation of liquid on the primary barrier; and

    (3)   A  secondary  containment  system  designed  and  constructed  of
materials  to prevent migration of hazardous constituents into the barrier,
with  a  leak  detection and liquid collection system capable of detecting,
collecting,  and  removing  leaks of hazardous constituents at the earliest
practicable  time,  unless  the  unit  has been granted a variance from the
secondary containment system requirements under Sec. 264.1101(b)(4);

    (d)  Has controls sufficient to prevent fugitive dust emissions to meet
the no visible emission standard in Sec. 264.1101(c)(1)(iv); and

    (e)  Is  designed  and  operated  to ensure containment and prevent the
tracking of materials from the unit by personnel or equipment.
Sec. 264.1101 Design and operating standards.

    (a)  All  containment  buildings  must comply with the following design
standards:

    (1)  The containment building must be completely enclosed with a floor,
walls,   and   a   roof   to  prevent  exposure  to  the  elements,  (e.g.,
precipitation, wind, run-on), and to assure containment of managed wastes.

    (2)  The  floor  and  containment  walls  of  the  unit,  including the
secondary  containment  system  if  required  under  paragraph  (b) of this
section,  must  be  designed  and  constructed  of  materials of sufficient
strength  and  thickness to support themselves, the waste contents, and any
personnel  and heavy equipment that operate within the unit, and to prevent
failure  due  to  pressure  gradients,  settlement, compression, or uplift,
physical  contact  with  the  hazardous  wastes  to which they are exposed;
climatic  conditions;  and  the  stresses of daily operation, including the
movement  of  heavy equipment within the unit and contact of such equipment
with containment walls. The unit must be designed so that it has sufficient
structural  strength  to prevent collapse or other failure. All surfaces to
be  in  contact  with  hazardous  wastes must be chemically compatible with
those  wastes.  EPA  will  consider  standards  established by professional
organizations  generally  recognized  by  the industry such as the American
Concrete  Institute  (ACI)  and  the  American Society of Testing Materials
(ASTM)  in judging the structural integrity requirements of this paragraph.
If  appropriate  to  the  nature  of the waste management operation to take
place  in the unit, an exception to the structural strength requirement may
be made for light-weight doors and windows that meet these criteria:

    (i)  They  provide an effective barrier against fugitive dust emissions
under paragraph (c)(1)(iv); and

    (ii)  The  unit is designed and operated in a fashion that assures that
wastes will not actually come in contact with these openings.

    (3)  Incompatible  hazardous  wastes  or treatment reagents must not be
placed  in the unit or its secondary containment system if they could cause
the  unit  or  secondary  containment system to leak, corrode, or otherwise
fail. {pg 37266}

    (4)  A  containment  building  must  have a primary barrier designed to
withstand  the  movement of personnel, waste, and handling equipment in the
unit during the operating life of the unit and appropriate for the physical
and chemical characteristics of the waste to be managed.

    (b)  For  a  containment  building  used  to  manage  hazardous  wastes
containing free liquids or treated with free liquids (the presence of which
is  determined  by  the  paint  filter test, a visual examination, or other
appropriate means), the owner or operator must include:

    (1)  A primary barrier designed and constructed of materials to prevent
the   migration  of  hazardous  constituents  into  the  barrier  (e.g.,  a
geomembrane covered by a concrete wear surface).

    (2) A liquid collection and removal system to minimize the accumulation
of liquid on the primary barrier of the containment building:

    (i)  The  primary  barrier  must  be  sloped  to  drain  liquids to the
associated collection system; and

    (ii)  Liquids  and  waste  must  be  collected  and removed to minimize
hydraulic head on the containment system at the earliest practicable time.

    (3)  A  secondary  containment  system  including  a  secondary barrier
designed  and  constructed  to  prevent migration of hazardous constituents
into  the barrier, and a leak detection system that is capable of detecting
failure  of the primary barrier and collecting accumulated hazardous wastes
and liquids at the earliest practicable time.

    (i)  The  requirements of the leak detection component of the secondary
containment  system are satisfied by installation of a system that is, at a
minimum:

    (A) Constructed with a bottom slope of 1 percent or more; and

    (B)  Constructed  of  a  granular  drainage  material  with a hydraulic
conductivity  of  1X10  sup  -2 cm/sec or more and a thickness of 12 inches
(30.5 cm) or more, or constructed of synthetic or geonet drainage materials
with a transmissivity of 3X10 sup -5 m 2 /sec or more.

    (ii)  If treatment is to be conducted in the building, an area in which
such treatment will be conducted must be designed to prevent the release of
liquids,  wet  materials,  or  liquid  aerosols  to  other  portions of the
building.

    (iii) The secondary containment system must be constructed of materials
that  are  chemically  resistant  to  the  waste and liquids managed in the
containment  building  and  of sufficient strength and thickness to prevent
collapse  under  the  pressure  exerted  by overlaying materials and by any
equipment  used  in  the  containment  building. (Containment buildings can
serve as secondary containment systems for tanks placed within the building
under  certain  conditions. A containment building can serve as an external
liner  system  for  a  tank,  provided  it  meets  the requirements of Sec.
264.193(d)(1).   In  addition,  the  containment  building  must  meet  the
requirements  of  Sec.  264.193(b)  and  Secs. 264.193(c) (1) and (2) to be
considered an acceptable secondary containment system for a tank.)

    (4)  For existing units other than 90-day generator units, the Regional
Administrator may delay the secondary containment requirement for up to two
years,  based  on  a  demonstration  by the owner or operator that the unit
substantially   meets  the  standards  of  this  subpart.  In  making  this
demonstration, the owner or operator must:

    (i)  Provide  written  notice  to  the  Regional Administrator of their
request  by November 16, 1992. This notification must describe the unit and
its  operating  practices  with  specific  reference  to the performance of
existing  containment systems, and specific plans for retrofitting the unit
with secondary containment;
    (ii)  Respond  to any comments from the Regional Administrator on these
plans within 30 days; and

    (iii)  Fulfill  the  terms  of  the  revised  plans,  if such plans are
approved by the Regional Administrator.

    (c) Owners or operators of all containment buildings must:

    (1)  Use  controls and practices to ensure containment of the hazardous
waste within the unit; and, at a minimum:

    (i)  Maintain  the  primary  barrier  to be free of significant cracks,
gaps, corrosion, or other deterioration that could cause hazardous waste to
be released from the primary barrier;

    (ii)  Maintain  the  level of the stored/treated hazardous waste within
the  containment  walls  of  the unit so that the height of any containment
wall is not exceeded;

    (iii)  Take  measures to prevent the tracking of hazardous waste out of
the  unit  by personnel or by equipment used in handling the waste. An area
must  be  designated  to  decontaminate  equipment  and any rinsate must be
collected and properly managed; and

    (iv)  Take  measures  to  control fugitive dust emissions such that any
openings (doors, windows, vents, cracks, etc.) exhibit no visible emissions
(see 40 CFR part 60, appendix A, Method 22-Visual Determination of Fugitive
Emissions  from  Material  Sources  and  Smoke  Emissions  from Flares). In
addition,  all  associated  particulate  collection  devices  (e.g., fabric
filter,  electrostatic  precipitator)  must be operated and maintained with
sound  air  pollution control practices (see 40 CFR part 60 subpart 292 for
guidance).   This   state  of  no  visible  emissions  must  be  maintained
effectively   at   all  times  during  routine  operating  and  maintenance
conditions,  including when vehicles and personnel are entering and exiting
the unit.

    (2)   Obtain  certification  by  a  qualified  registered  professional
engineer  that  the  containment  building design meets the requirements of
paragraphs (a) through (c) of this section. For units placed into operation
prior  to  February  18,  1993,  this  certification  must be placed in the
facility's  operating  record  (on-site  files  for  generators who are not
formally  required  to  have operating records) no later than 60 days after
the  date  of  initial  operation  of the unit. After February 18, 1993, PE
certification will be required prior to operation of the unit.
    (3)  Throughout  the  active  life  of the containment building, if the
owner  or  operator  detects a condition that could lead to or has caused a
release  of  hazardous  waste,  must  repair  the  condition  promptly,  in
accordance with the following procedures.

    (i)  Upon  detection  of  a  condition  that  has  lead to a release of
hazardous  waste (e.g., upon detection of leakage from the primary barrier)
the owner or operator must:

    (A) Enter a record of the discovery in the facility operating record;

    (B) Immediately remove the portion of the containment building affected
by the condition from service;

    (C)  Determine  what  steps  must  be  taken  to repair the containment
building,  remove  any  leakage  from  the secondary collection system, and
establish a schedule for accomplishing the cleanup and repairs; and

    (D)  Within  7  days  after  the discovery of the condition, notify the
Regional  Administrator  of  the  condition,  and  within  14 working days,
provide  a  written notice to the Regional Administrator with a description
of the steps taken to repair the containment building, and the schedule for
accomplishing the work.

    (ii)  The Regional Administrator will review the information submitted,
make  a  determination  regarding  whether the containment building must be
removed  from service completely or partially until repairs and cleanup are
complete,  and  notify  the  owner or operator of the determination and the
underlying rationale in writing. {pg 37267}

    (iii)  Upon  completing  all  repairs and cleanup the owner or operator
must   notify   the   Regional  Administrator  in  writing  and  provide  a
verification, signed by a qualified, registered professional engineer, that
the  repairs  and cleanup have been completed according to the written plan
submitted in accordance with paragraph (c)(3)(i)(D) of this section.

    (4)  Inspect  and  record  in the facility's operating record, at least
once  every  seven  days,  data gathered from monitoring equipment and leak
detection  equipment  as  well  as  the  containment  building and the area
immediately  surrounding  the  containment  building  to  detect  signs  of
releases of hazardous waste.

    (d)  For containment buildings that contain areas both with and without
secondary containment, the owner or operator must:
    (1)  Design  and  operate each area in accordance with the requirements
enumerated in paragraphs (a) through (c) of this section;

    (2)  Take  measures  to prevent the release of liquids or wet materials
into areas without secondary containment; and

    (3)  Maintain  in the facility's operating log a written description of
the  operating  procedures  used to maintain the integrity of areas without
secondary containment.

    (e)  Notwithstanding  any  other provision of this subpart the Regional
Administrator  may  waive  requirements  for  secondary  containment  for a
permitted  containment  building where the owner operator demonstrates that
the  only  free liquids in the unit are limited amounts of dust suppression
liquids  required  to meet occupational health and safety requirements, and
where  containment  of  managed wastes and liquids can be assured without a
secondary containment system.
Sec. 264.1102 Closure and post-closure care.

    (a)  At  closure  of a containment building, the owner or operator must
remove or decontaminate all waste residues, contaminated containment system
components  (liners,  etc.,)  contaminated  subsoils,  and  structures  and
equipment  contaminated  with  waste  and  leachate,  and  manage  them  as
hazardous  waste  unless Sec. 261.3(d) of this chapter applies. The closure
plan,  closure  activities,  cost  estimates  for  closure,  and  financial
responsibility  for containment buildings must meet all of the requirements
specified in subparts G and H of this part.

    (b)  If,  after removing or decontaminating all residues and making all
reasonable  efforts  to  effect  removal or decontamination of contaminated
components,  subsoils,  structures,  and equipment as required in paragraph
(a)  of this section, the owner or operator finds that not all contaminated
subsoils  can  be  practicably removed or decontaminated, he must close the
facility  and  perform post-closure care in accordance with the closure and
post-closure  requirements  that  apply  to  landfills  (Sec.  264.310). In
addition,   for  the  purposes  of  closure,  post-closure,  and  financial
responsibility,  such  a  containment  building  is then considered to be a
landfill,  and  the owner or operator must meet all of the requirements for
landfills specified in subparts G and H of this part.
Sec. 264.1103-264.1110 Reserved

PART  265-INTERIM  STATUS  STANDARDS  FOR OWNERS AND OPERATORS OF
HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
    18. The authority citation for part 265 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, and 6936.

    19.  Section  265.110  is amended by removing the word ''and'' from the
end  of  paragraphs  (b)(1) and (b)(2), by adding ''; and'' in place of the
period at the end of paragraph (b)(3), and by adding a new paragraph (b)(4)
to read as follows:
Sec. 265.110 Applicability.

    (b)

    (4)  Containment building that are required under Sec. 265.1102 to meet
the requirement for landfills.

    20.  Section  265.111  is  amended by revising paragraph (c) to read as
follows:
Sec. 265.111 Closure performance standard.

    (c)  Complies with the closure requirements of this subpart, including,
but  not  limited  to, the requirements of Secs. 265.197, 265.228, 265.258,
265.280, 265.310, 265.351, 265.381, 265.404, and 264.1102.
    21.  In Sec. 265.112 (d)(4), the last two sentences are revised to read
as follows:
Sec. 265.112 Closure plan; amendment of plan.

    (d)

    (4)  The  Regional  Administrator must assure that the approved plan is
consistent  with  Secs.  with  265.111  through  265.115 and the applicable
requirements  of  subpart  F of this part, Secs. 265.197, 265.228, 265.258,
265.280,  265.310,  265.351,  265.381, 265.404, and 264.1102. A copy of the
modified  plan  with  a detailed statement of reasons for the modifications
must be mailed to the owner or operator.

    22.  Section  265.140  is  amended by revising paragraph (b) to read as
follows:
Sec. 265.140 Applicability.

    (b)  The requirements of Secs. 265.144 and 265.146 apply only to owners
and operators of:

    (1) Disposal facilities;
    (2)  Tank  systems that are required under Sec. 264.197 of this chapter
to meet the requirements for landfills; and

    (3) Containment buildings that are required under Sec. 265.1102 to meet
the requirements for landfills.

    23.  Section  265.142  is  amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 265.142 Cost estimate for closure.

    (a)  The  owner  or  operator must have a detailed written estimate, in
current dollars, of the cost of closing the facility in accordance with the
requirements  in  Secs.  265.111  through  265.115  and  applicable closure
requirements in Secs. 265.178, 265.197, 265.228, 265.258, 265.280, 265.310,
265.351, 265.381, 265.404, and 265.1102

    24. In Sec. 265.221, a new paragraph (h) is added to read as follows:
Sec. 265.221 Design and operating requirements.

    (h)  Surface  impoundments  that  are  newly  subject  to  RCRA section
3005(j)(1)   due   to   the   promulgation   of   additional   listings  or
characteristics  for  the  identification  of  hazardous  waste  must be in
compliance  with paragraphs (a), (c) and (d) of this section not later than
48   months   after   the   promulgation   of  the  additional  listing  or
characteristic. This compliance period shall not be cut short as the result
of  the  promulgation  of land disposal prohibitions under part 268 of this
chapter  or  the  granting  of  an  extension  to  the  effective date of a
prohibition  pursuant  to  Sec. 268.5 of this chapter, within this 48-month
period.

    25.  Subpart  CC  is added and reserved and subpart DD is added to part
265 to read as follows:

Subpart DD-Containment Buildings

Sec.

265.1100 Applicability.

265.1101 Design and operating standards. {pg 37268}

265.1102 Closure and post-closure care.

265.1103 -265.1110  Reserved
SUBPART DD-Containment Buildings
Sec. 265.1100 Applicability.

    The requirements of this subpart apply to owners or operators who store
or treat hazardous waste in units designed and operated under Sec. 265.1101
of  this  subpart.  These  provisions will become effective on February 18,
1993,  although the owner or operator may notify the Regional Administrator
of  his intent to be bound by this subpart at an earlier time. The owner or
operator  is not subject to the definition of land disposal in RCRA section
3004(k) provided that the unit:

    (a)  Is  a  completely  enclosed,  self-  supporting  structure that is
designed  and  constructed  of manmade materials of sufficient strength and
thickness  to support themselves, the waste contents, and any personnel and
heavy  equipment  that operate within the units, and to prevent failure due
to pressure gradients, settlement, compression, or uplift, physical contact
with  the  hazardous wastes to which they are exposed; climatic conditions;
and  the  stresses  of  daily  operation,  including  the movement of heavy
equipment  within  the  unit and contact of such equipment with containment
walls;

    (b)  Has  a primary barrier that is designed to be sufficiently durable
to  withstand  the  movement of personnel and handling equipment within the
unit;

    (c) If the unit is used to manage liquids, has:

    (1)  A primary barrier designed and constructed of materials to prevent
migration of hazardous constituents into the barrier;

    (2) A liquid collection system designed and constructed of materials to
minimize the accumulation of liquid on the primary barrier; and

    (3)   A  secondary  containment  system  designed  and  constructed  of
materials  to prevent migration of hazardous constituents into the barrier,
with  a  leak  detection and liquid collection system capable of detecting,
collecting,  and  removing  leaks of hazardous constituents at the earliest
possible  time,  unless  the  unit  has  been  granted  a variance from the
secondary containment system requirements under Sec. 265.1101(b)(4);

    (d) Has controls as needed to permit fugitive dust emissions; and

    (e)  Is  designed  and  operated  to ensure containment and prevent the
tracking of materials from the unit by personnel or equipment.
Sec. 265.1101 Design and operating standards.

    (a)  All  containment  buildings  must comply with the following design
standards:

    (1)  The containment building must be completely enclosed with a floor,
walls,   and   a   roof   to  prevent  exposure  to  the  elements,  (e.g.,
precipitation, wind, run-on), and to assure containment of managed wastes.

    (2)  The  floor  and  containment  walls  of  the  unit,  including the
secondary  containment  system  if  required  under  paragraph  (b) of this
section,  must  be  designed  and  constructed  of  materials of sufficient
strength  and  thickness to support themselves, the waste contents, and any
personnel  and heavy equipment that operate within the unit, and to prevent
failure  due  to  pressure  gradients,  settlement, compression, or uplift,
physical  contact  with  the  hazardous  wastes  to which they are exposed;
climatic  conditions;  and  the  stresses of daily operation, including the
movement  of  heavy equipment within the unit and contact of such equipment
with containment walls. The unit must be designed so that it has sufficient
structural  strength  to prevent collapse or other failure. All surfaces to
be  in  contact  with  hazardous  wastes must be chemically compatible with
those  wastes.  EPA  will  consider  standards  established by professional
organizations  generally  recognized  by  the industry such as the American
Concrete  Institute  (ACI)  and  the  American Society of Testing Materials
(ASTM)  in judging the structural integrity requirements of this paragraph.
If  appropriate  to  the  nature  of the waste management operation to take
place  in the unit, an exception to the structural strength requirement may
be made for light-weight doors and windows that meet these criteria:

    (i)  They  provide an effective barrier against fugitive dust emissions
under paragraph (c)(1)(iv); and

    (ii)  The  unit is designed and operated in a fashion that assures that
wastes will not actually come in contact with these openings.

    (3)  Incompatible  hazardous  wastes  or treatment reagents must not be
placed  in the unit or its secondary containment system if they could cause
the  unit  or  secondary  containment system to leak, corrode, or otherwise
fail.

    (4)  A  containment  building  must  have a primary barrier designed to
withstand  the  movement of personnel, waste, and handling equipment in the
unit during the operating life of the unit and appropriate for the physical
and chemical characteristics of the waste to be managed.
    (b)  For  a  containment  building  used  to  manage  hazardous  wastes
containing free liquids or treated with free liquids (the presence of which
is  determined  by  the  paint  filter test, a visual examination, or other
appropriate means), the owner or operator must include:

    (1)  A primary barrier designed and constructed of materials to prevent
the   migration   of  hazardous  constituents  into  the  barrier  (e.g.  a
geomembrane covered by a concrete wear surface).

    (2)  A liquid collection and removal system to prevent the accumulation
of liquid on the primary barrier of the containment building:

    (i)  The  primary  barrier  must  be  sloped  to  drain  liquids to the
associated collection system; and

    (ii)  Liquids  and  waste  must  be  collected  and removed to minimize
hydraulic  head  on the containment system at the earliest practicable time
that protects human health and the environment.

    (3)  A  secondary  containment  system  including  a  secondary barrier
designed  and  constructed  to  prevent migration of hazardous constituents
into  the barrier, and a leak detection system that is capable of detecting
failure  of the primary barrier and collecting accumulated hazardous wastes
and liquids at the earliest practicable time.

    (i)  The  requirements of the leak detection component of the secondary
containment  system are satisfied by installation of a system that is, at a
minimum:

    (A) Constructed with a bottom slope of 1 percent or more; and

    (B)  Constructed  of  a  granular  drainage  material  with a hydraulic
conductivity  of 1 X 10 sup - 2 cm/sec or more and a thickness of 12 inches
(30.5 cm) or more, or constructed of synthetic or geonet drainage materials
with a trasmissivity of 3 X 10 sup - 5 m 2 /sec or more.

    (ii)  If treatment is to be conducted in the building, an area in which
such treatment will be conducted must be designed to prevent the release of
liquids,  wet  materials,  or  liquid  aerosols  to  other  portions of the
building.

    (iii) The secondary containment system must be constructed of materials
that  are  chemically  resistant  to  the  waste and liquids managed in the
containment  building  and  of sufficient strength and thickness to prevent
collapse  under  the  pressure  exerted  by overlaying materials and by any
equipment  used  in  the  containment  building. (Containment buildings can
serve as secondary containment systems for tanks placed within the building
under certain conditions. A {pg 37269} containment building can serve as an
external  liner  system  for  a tank, provided it meets the requirements of
Sec.  265.193(d)(1).  In  addition,  the containment building must meet the
requirements  of  Sec.  265.193  (b) and (c) to be considered an acceptable
secondary containment system for a tank.)

    (4)  For existing units other than 90-day generator units, the Regional
Administrator may delay the secondary containment requirement for up to two
years,  based  on  a  demonstration  by the owner or operator that the unit
substantially   meets  the  standards  of  this  Subpart.  In  making  this
demonstration, the owner or operator must:

    (i)  Provide  written  notice  to  the  Regional Administrator of their
request  by February 18, 1993. This notification must describe the unit and
its  operating  practices  with  specific  reference  to the performance of
existing  containment systems, and specific plans for retrofitting the unit
with secondary containment;

    (ii)  Respond  to any comments from the Regional Administrator on these
plans within 30 days; and

    (iii)  Fulfill  the  terms  of  the  revised  plans,  if such plans are
approved by the Regional Administrator.

    (c) Owners or operators of all containment buildings must:

    (1)  Use  controls and practices to ensure containment of the hazardous
waste within the unit; and, at a minimum:

    (i)  Maintain  the  primary  barrier  to be free of significant cracks,
gaps, corrosion, or other deterioration that could cause hazardous waste to
be released from the primary barrier;

    (ii)  Maintain  the  level of the stored/treated hazardous waste within
the  containment  walls  of  the unit so that the height of any containment
wall is not exceeded;

    (iii)  Take  measures to prevent the tracking of hazardous waste out of
the  unit  by personnel or by equipment used in handling the waste. An area
must  be  designated  to  decontaminate  equipment  and any rinsate must be
collected and properly managed; and
    (iv)  Take  measures  to  control fugitive dust emissions such that any
openings   (doors,   windows,  vents,  cracks,  etc.)  exhibit  no  visible
emissions.  In  addition,  all  associated  particulate  collection devices
(e.g.,  fabric  filter,  electrostatic  precipitator)  must be operated and
maintained  with  sound  air  pollution control practices. This state of no
visible emissions must be maintained effectively at all times during normal
operating  conditions,  including  when vehicles and personnel are entering
and exiting the unit.

    (2)   Obtain  certification  by  a  qualified  registered  professional
engineer  that  the  containment  building design meets the requirements of
paragraphs (a) through (c) of this section. For units placed into operation
prior  to  February  18,  1993,  this  certification  must be placed in the
facility's  operating  record  (on-  site  files for generators who are not
formally  required  to  have operating records) no later than 60 days after
the  date  of  initial  operation  of the unit. After February 18, 1993, PE
certification will be required prior to operation of the unit.

    (3)  Throughout  the  active  life  of the containment building, if the
owner  or  operator  detects a condition that could lead to or has caused a
release  of  hazardous  waste,  must  repair  the  condition  promptly,  in
accordance with the following procedures.
    (i)  Upon  detection  of  a  condition  that  has  led  to a release of
hazardous  waste (e.g., upon detection of leakage from the primary barrier)
the owner or operator must:

    (A) Enter a record of the discovery in the facility operating record;

    (B) Immediately remove the portion of the containment building affected
by the condition from service;

    (C)  Determine  what  steps  must  be  taken  to repair the containment
building,  remove  any  leakage  from  the secondary collection system, and
establish a schedule for accomplishing the cleanup and repairs; and

    (D)  Within  7  days  after  the discovery of the condition, notify the
Regional  Administrator  of  the  condition,  and  within  14 working days,
provide  a  written notice to the Regional Administrator with a description
of the steps taken to repair the containment building, and the schedule for
accomplishing the work.

    (ii)  The Regional Administrator will review the information submitted,
make  a  determination  regarding  whether the containment building must be
removed  from service completely or partially until repairs and cleanup are
complete,  and  notify  the  owner or operator of the determination and the
underlying rationale in writing.

    (iii)  Upon  completing  all  repairs and cleanup the owner or operator
must   notify   the   Regional  Administrator  in  writing  and  provide  a
verification, signed by a qualified, registered professional engineer, that
the  repairs  and cleanup have been completed according to the written plan
submitted in accordance with paragraph (c)(3)(i)(D) of this section.

    (4)  Inspect  and  record  in the facility's operating record, at least
once  every  seven  days,  data gathered from monitoring equipment and leak
detection  equipment  as  well  as  the  containment  building and the area
immediately  surrounding  the  containment  building  to  detect  signs  of
releases of hazardous waste.

    (d)  For containment building that contains both areas with and without
secondary containment, the owner or operator must:

    (1)  Design  and  operate each area in accordance with the requirements
enumerated in paragraphs (a) through (c) of this section;

    (2)  Take  measures  to prevent the release of liquids or wet materials
into areas without secondary containment; and

    (3)  Maintain  in the facility's operating log a written description of
the  operating  procedures  used to maintain the integrity of areas without
secondary containment.

    (e)  Notwithstanding  any other provision of this subpart, the Regional
Administrator  may  waive  requirements  for  secondary  containment  for a
permitted  containment  building  where  the owner or operator demonstrates
that  the  only  free  liquids  in  the  unit  are  limited amounts of dust
suppression  liquids  required  to  meet  occupational  health  and  safety
requirements,  and  where  containment of managed wastes and liquids can be
assured without a secondary containment system.
Sec. 265.1102 Closure and post-closure care.

    (a)  At  closure  of a containment building, the owner or operator must
remove or decontaminate all waste residues, contaminated containment system
components  (liners,  etc.),  contaminated  subsoils,  and  structures  and
equipment  contaminated  with  waste  and  leachate,  and  manage  them  as
hazardous  waste  unless Sec. 261.3(d) of this chapter applies. The closure
plan,  closure  activities,  cost  estimates  for  closure,  and  financial
responsibility  for containment buildings must meet all of the requirements
specified in subparts G and H of this part.

    (b)  If,  after removing or decontaminating all residues and making all
reasonable  efforts  to  effect  removal or decontamination of contaminated
components,  subsoils,  structures,  and equipment as required in paragraph
(a)  of this section, the owner or operator finds that not all contaminated
subsoils  can  be  practicably removed or decontaminated, he must close the
facility  and  perform post-closure care in accordance with the closure and
post-closure  requirements  that  apply  to  landfills  (Sec.  265.310). In
addition,  for  the  purposes  of  closure,  {pg  37270} post- closure, and
financial responsibility, such a containment building is then considered to
be  a landfill, and the owner or operator must meet all of the requirements
for landfills specified in subparts G and H of this part.
Secs. 265.1103-265.1110 Reserved

PART 268- LAND DISPOSAL RESTRICTIONS

    26. The authority citation for part 268 continues to read as follows:

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

    27.  In  Sec. 268.2 paragraph (g) is revised and paragraph (h) added to
read as follows:
Sec. 268.2 Definitions applicable in this part.

    (g)Debris  means solid material exceeding a 60 mm particle size that is
intended  for  disposal  and  that  is:  A manufactured object; or plant or
animal  matter;  or  natural  geologic  material.  However,  the  following
materials  are  not  debris:  Any  material  for which a specific treatment
standard  is  provided  in  subpart  D, part 268; Process residuals such as
smelter slag and residues from the treatment of waste, wastewater, sludges,
or air emission residues; and Intact containers of hazardous waste that are
not  ruptured  and  that  retain  at  least 75% of their original volume. A
mixture  of  debris  that has not been treated to the standards provided by
Sec.  268.45  and  other material is subject to regulation as debris if the
mixture  is  comprised  primarily  of  debris,  by  volume, based on visual
inspection.

    (h)Hazardous debris means debris that contains a hazardous waste listed
in subpart D of part 261 of this chapter, or that exhibits a characteristic
of hazardous waste identified in subpart C of part 261 of this chapter.

    28.  Section  268.5  is  amended  by  adding  '';  or'' in place of the
semicolon  at  the  end of paragraph (h)(2)(ii), by redesignating paragraph
(h)(2)(v)  as paragraph (h)(2)(vi), by revising paragraph (h)(2)(iv) and by
adding new paragraph (h)(2)(v) to read as follows:
Sec. 268.5 Procedures for case-by-case extensions to an effective date.

    (h)

    (2)

    (iv)  The  surface impoundment, if permitted, is in compliance with the
requirements  of subpart F of part 264 and Sec. 264.221 (c), (d) and (e) of
this chapter; or

    (v)   The  surface  impoundment,  if  newly  subject  to  RCRA  section
3005(j)(1)   due   to   the   promulgation   of   additional   listings  or
characteristics for the identification of hazardous waste, is in compliance
with  the  requirements  of subpart F of part 265 of this chapter within 12
months  after the promulgation of additional listings or characteristics of
hazardous waste, and with the requirements of Sec. 265.221 (a), (c) and (d)
of  this  chapter  within  48  months  after the promulgation of additional
listings  or  characteristics  of  hazardous  waste. If a national capacity
variance  is  granted,  during  the  period  the variance is in effect, the
surface impoundment, if newly subject to RCRA section 3005(j)(1) due to the
promulgation  of additional listings or characteristics of hazardous waste,
is  in  compliance  with  the requirements of subpart F of part 265 of this
chapter  within  12 months after the promulgation of additional listings or
characteristics  of  hazardous  waste,  and  with  the requirements of Sec.
265.221  (a),  (c)  and  (d)  of  this  chapter  within 48 months after the
promulgation  of additional listings or characteristics of hazardous waste;
or

    29.  Section  268.7  is  amended  by  revising  paragraphs (a)(1)(iii),
(a)(1)(iv),   (a)(2)   introductory  text,  (a)(3)(iv),  (a)(3)(v),  (a)(4)
introductory  text, (b)(4) introductory text, and (b)(5) introductory text,
and by adding paragraphs (a)(1)(v), (a)(3)(vi), and (d) to read as follows:
Sec. 268.7 Waste analysis and recordkeeping.

    (a)

    (1)

    (iii) The manifest number associated with the shipment of waste;

    (iv)  For  hazardous  debris,  the contaminants subject to treatment as
provided  by  Sec.  268.45(b) and the following statement: ''This hazardous
debris  is  subject  to  the  alternative  treatment  standards  of  40 CFR
268.45''; and

    (v) Waste analysis data, where available.

    (2)  If  a  generator determines that he is managing a restricted waste
under this Part, and determines that the waste can be land disposed without
further  treatment,  with  each  shipment  of  waste he must submit, to the
treatment, storage, or land disposal facility, a notice and a certification
stating  that  the waste meets the applicable treatment standards set forth
in  subpart  D of this part and the applicable prohibition levels set forth
in Sec. 268.32 or RCRA section 3004(d). Generators of hazardous debris that
is  excluded  from the definition of hazardous waste under Sec. 261.3(e)(2)
of  this  chapter  (i.e.,  debris that the Director has determined does not
contain  hazardous  waste),  however, are not subject to these notification
and certification requirements.

    (3)

    (iv) Waste analysis data, where available;

    (v)  For  hazardous  debris,  the  contaminants subject to treatment as
provided  by  Sec.  268.45(b) and the following statement: ''This hazardous
debris  is  subject  to  the  alternative  treatment  standards  of  40 CFR
268.45''; and

    (vi) The date the waste is subject to the prohibitions.

    (4)  If  a generator is managing prohibited waste in tanks, containers,
or  containment  buildings  regulated  under 40 CFR 262.34, and is treating
such  waste  in  such  tanks,  containers, or containment buildings to meet
applicable  treatment standards under subpart D of this part, the generator
must  develop  and follow a written waste analysis plan which describes the
procedures  the  generator  will  carry  out  to  comply with the treatment
standards.  (Generators  treating  hazardous  debris  under the alternative
treatment  standards  of  Table 1, Sec. 268.45, however, are not subject to
these  waste  analysis  requirements.) The plan must be kept on site in the
generator's records, and the following requirements must be met:

    (b)

    (4) A notice must be sent with each waste shipment to the land disposal
facility  which  includes  the  following  information,  except that debris
excluded from the definition of hazardous waste under Sec. 261.3(e) of this
chapter  (i.e.,  debris  treated by an extraction or destruction technology
provided  by  {pg 37271} Table 1, Sec. 268.45, and debris that the Director
has  determined  does  not  contain  hazardous  waste)  is  subject  to the
notification  and  certification  requirements  of  paragraph  (d)  of this
section rather than these notification requirements:

    (5)  The  treatment  facility  must  submit  a  certification with each
shipment  of  waste  or treatment residue of a restricted waste to the land
disposal  facility  stating  that  the  waste or treatment residue has been
treated  in  compliance with the applicable performance standards specified
in subpart D of this part and the applicable prohibitions set forth in Sec.
268.32  or  RCRA  section  3004(d).  Debris excluded from the definition of
hazardous  waste  under Sec. 261.3(e) of this chapter (i.e., debris treated
by  an  extraction  or  destruction  technology  provided  by Table 1, Sec.
268.45,  and  debris  that  the  Director  has  determined does not contain
hazardous waste), however, is subject to the notification and certification
requirements of paragraph (d) of this section rather than the certification
requirements of this paragraph (b)(5).

    (d)  Generators  or  treaters  who first claim that hazardous debris is
excluded from the definition of hazardous waste under Sec. 261.3(e) of this
chapter  (i.e.,  debris  treated by an extraction or destruction technology
provided  by  Table  1,  Sec.  268.45,  and  debris  that  the Director has
determined  does  not contain hazardous waste) are subject to the following
notification and certification requirements:

    (1)  A  one-  time  notification  must  be submitted to the Director or
authorized State including the following information:

    (i)  The  name  and  address  of  the Subtitle D facility receiving the
treated debris;

    (ii)  A  description  of  the  hazardous debris as initially generated,
including the applicable EPA Hazardous Waste Number(s); and

    (iii)  For  debris excluded under Sec. 261.3(e)(1) of this chapter, the
technology from Table 1, Sec. 268.45, used to treat the debris.

    (2)  The  notification  must  be  updated if the debris is shipped to a
different facility, and, for debris excluded under Sec. 261.2(e)(1) of this
chapter,  if  a  different  type  of  debris  is  treated or if a different
technology is used to treat the debris.

    (3)  For  debris  excluded  under Sec. 261.3(e)(1) of this chapter, the
owner  or  operator  of  the  treatment  facility must document and certify
compliance  with  the  treatment  standards  of  Table  1,  Sec. 268.45, as
follows:

    (i)  Records must be kept of all inspections, evaluations, and analyses
of  treated debris that are made to determine compliance with the treatment
standards;

    (ii)  Records  must  be  kept  of  any  data or information the treater
obtains  during  treatment  of  the  debris  that  identifies key operating
parameters of the treatment unit; and

    (iii)   For  each  shipment  of  treated  debris,  a  certification  of
compliance  with  the  treatment  standards must be signed by an authorized
representative  and  placed in the facility's files. The certification must
state  the  following: ''I certify under penalty of law that the debris has
been  treated  in  accordance  with the requirements of 40 CFR 268.45. I am
aware   that   there   are   significant   penalties  for  making  a  false
certification, including the possibility of fine and imprisonment.''

    30. In Sec. 268.9, paragraph (d) is revised to read as follows:
Sec. 268.9 Special rules regarding wastes that exhibit a characteristic.
    (d) Wastes that exhibit a characteristic are also subject to Sec. 268.7
requirements, except that once the waste is no longer hazardous, a one-time
notification and certification must be placed in the generators or treaters
files  and sent to the EPA region or authorized state. The notification and
certification  that  is  placed in the generators or treaters files must be
updated  if the process or operation generating the waste changes and/or if
the subtitle D facility receiving the waste changes. However, the generator
or  treater  need  only  notify the EPA region or an authorized state on an
annual  basis  if  such  changes occur. Such notification and certification
should  be  sent  to  the  EPA region or authorized state by the end of the
calendar year, but no later that December 31.

    (1) The notification must include the following information:

    (i)  Name  and  address  of the Subtitle D facility receiving the waste
shipment;

    (ii)  A  description of the waste as initially generated, including the
applicable EPA Hazardous Waste Number(s) and treatability group(s);

    (iii)  The  treatment standards applicable to the waste at the point of
generation.
    (2)  The  certification  must be signed by an authorized representative
and must state the language found in Sec. 268.7(b)(5).

    31.  Section  268.14  is  added  to  subpart  B  of part 268 to read as
follows:
Sec. 268.14 Surface impoundment exemptions.

    (a)  This  section  defines  additional  circumstances  under  which an
otherwise  prohibited  waste  may  continue  to  be  placed  in  a  surface
impoundment.

    (b)  Wastes  which  are  newly  identified or listed under section 3001
after  November  8, 1984, and stored in a surface impoundment that is newly
subject  to subtitle C of RCRA as a result of the additional identification
or  listing,  may  continue  to be stored in the surface impoundment for 48
months  after the promulgation of the additional listing or characteristic,
not withstanding that the waste is otherwise prohibited from land disposal,
provided   that   the   surface  impoundment  is  in  compliance  with  the
requirements  of  subpart  F  of  part 265 of this chapter within 12 months
after promulgation of the new listing or characteristic.

    (c)  Wastes  which  are  newly  identified or listed under section 3001
after  November 8, 1984, and treated in a surface impoundment that is newly
subject  to subtitle C of RCRA as a result of the additional identification
or  listing,  may  continue  to be treated in that surface impoundment, not
withstanding  that  the  waste  is otherwise prohibited from land disposal,
provided that surface impoundment is in compliance with the requirements of
subpart  F  of  part  265  of  this  chapter  within  12  months  after the
promulgation  of  the  new  listing  or characteristic. In addition, if the
surface impoundment continues to treat hazardous waste after 48 months from
promulgation  of  the additional listing or characteristic, it must then be
in compliance with Sec. 268.4.

    32.  Section  268.36  is  added  to  subpart  C  of part 268 to read as
follows:
Sec. 268.36 Waste specific prohibitions-newly listed wastes.

    (a)  Effective  November 9, 1992, the wastes specified in 40 CFR 261.32
as  EPA  Hazardous  Waste Numbers K107, K108, K109, K110, K111, K112, K117,
K118,  K123,  K124,  K125,  K126,  K131,  K132,  and  K136;  and the wastes
specified  in  40  CFR 261.33(f) as EPA Hazardous Waste numbers U328, U353,
and U359 are prohibited from land disposal.

    (b)  Effective  June 30, 1993, the wastes specified in 40 CFR 261.31 as
EPA  Hazardous  Waste  Numbers  F037  and  F038 that are not generated from
surface   impoundment  cleanouts  or  closures  are  prohibited  from  land
disposal.

    (c)  Effective  June 30, 1994, the wastes specified in 40 CFR 261.31 as
EPA  Hazardous  Waste Numbers F037 and F038 that are generated from surface
impoundment cleanouts or closures are prohibited from land disposal.

    (d)  Effective  June  30,  1994, radioactive wastes that are mixed with
hazardous  wastes specified in 40 CFR 261.31 as EPA Hazardous Waste Numbers
F037 and F038; the wastes specified in 40 CFR 261.32 as EPA Hazardous Waste
Numbers  K107,  K108, K109, K110, K111, K112, K117, K118, K123, K124, K125,
K126  K131,  K132, and K136; or the wastes specified in 40 CFR 261.33(f) as
EPA  Hazardous  Waste Numbers U328, U353, and U359 are prohibited from land
disposal.

    (e)  Effective June 30, 1994, debris contaminated with hazardous wastes
specified  in  40  CFR 261.31 as EPA Hazardous Waste Numbers F037 and F038;
the  wastes  specified  in  40 CFR 261.32 as EPA Hazardous Waste {pg 37272}
Numbers  K107,  K108, K109, K110, K111, K112, K117, K118, K123, K124, K125,
K126  K131,  K132, and K136; or the wastes specified in 40 CFR 261.33(f) as
EPA  Hazardous  Waste  Numbers  U328,  U353,  and  U359;  and  which is not
contaminated  with  any  other  waste  already subject to a prohibition are
prohibited from land disposal.

    (f)  Between  June  30,  1992 and June 30, 1993, the wastes included in
paragraph  (b)  of  this  section may be disposed of in a landfill, only if
such  unit  is  in  compliance  with  the  requirements  specified  in Sec.
268.5(h)(2),  and  may  be  generated  in  and  disposed  of  in  a surface
impoundment only if such unit is in compliance with either Sec. 268.5(h)(2)
or Sec. 268.14.

    (g)  Between  June  30,  1992 and June 30, 1994, the wastes included in
paragraphs  (d)  and  (e)  of this section may be disposed of in a landfill
only  if such unit is in compliance with the requirements specified in Sec.
268.5(h)(2),  and  may  be  generated  in  and  disposed  of  in  a surface
impoundment only if such unit is in compliance with either Sec. 268.5(h)(2)
or Sec. 268.14.

    (h)  The requirements of paragraphs (a), (b), (c), (d), and (e) of this
section do not apply if:

    (1)  The wastes meet the applicable standards specified in subpart D of
this part;
    (2)  Persons have been granted an exemption from a prohibition pursuant
to  a  petition  under  Sec.  268.6, with respect to those wastes and units
covered by the petition;

    (3)  The  wastes  meet  the  applicable alternate standards established
pursuant to a petition granted under Sec. 268.44;

    (4)  Persons  have been granted an extension to the effective date of a
prohibition  pursuant  to Sec. 268.5, with respect to the wastes covered by
the extension.

    (i)  To  determine whether a hazardous waste identified in this section
exceeds  the  applicable  treatment standards specified in Secs. 268.41 and
268.43,  the  initial  generator  must  test a representative sample of the
waste  extract  or  the  entire  waste,  depending on whether the treatment
standards  are  expressed  as  concentrations  in  the waste extract or the
waste,  or  the  generator  may  use  knowledge  of the waste. If the waste
contains  constituents  in  excess of the applicable levels in subpart D of
this part, the waste is prohibited from land disposal, and all requirements
of part 268 are applicable, except as otherwise specified.

    33. In Sec. 268.40, paragraph (b) is revised and paragraph (d) is added
to read as follows:
Sec. 268.40 Applicability of treatment standards.

    (b)  A  restricted  waste for which a treatment technology is specified
under  Sec.  268.42(a) or hazardous debris for which a treatment technology
is  specified  under  Sec.  268.45 may be land disposed after it is treated
using  that specified technology or an equivalent treatment method approved
by the Administrator under the procedures set forth in Sec. 268.42(b).

    (d)  If  a  treatment  standard  has  been  established in Secs. 268.41
through  268.43  for a hazardous waste that is itself hazardous debris, the
waste is subject to those standards rather than the standards for hazardous
debris under Sec. 268.45.

    34.  In Sec. 268.41, paragraph (a) text preceding table is revised, and
Table  CCWE  is  amended  by  revising  the  entry  for  ''F001-F005  spent
solvents,''  by  removing the entries for ''K061 (Low Zinc Subcategory-less
than  15%  Total Zinc)'' and ''K061 (High Zinc Subcategory-greater than 15%
Total Zinc)-Effective until August 7, 1991, by adding entries for ''F037'',
''F038'', and ''K061'', and by adding paragraph (c) to read as follows:
Sec.  268.41  Treatment  standards  expressed  as  concentrations  in waste
extract.
    (a)  Table CCWE identifies the restricted wastes and the concentrations
of  their  associated constituents which may not be exceeded in the extract
of  a  waste or waste treatment residual extracted using the test method in
appendix  I  of  this  part for the allowable land disposal of such wastes.
Compliance with these concentrations is required based upon grab samples.
 268.41 Table CCWE.-Constituent Concentrations in Waste Extract

 Waste code     F001-F005 spent solvents
 Commercial chemical name     NA
 See also     Table CCW in 268.43
 Regulated hazardous constituent     Carbon disulfide
 CAS No. for regulated hazardous constituent     75-15-0
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     4.8

 Commercial chemical name
 See also
 Regulated hazardous constituent     Cyclohexanone
 CAS No. for regulated hazardous constituent     108-94-1
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.75

 Commercial chemical name
 See also
 Regulated hazardous constituent     Methanol
 CAS No. for regulated hazardous constituent     67-56-1
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.75

 Waste code     F037
 Commercial chemical name     NA
 See also     Table CCW in 268.43
 Regulated hazardous constituent     Chromium (Total)
 CAS No. for regulated hazardous constituent     7440-47-32
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     1.7

 Commercial chemical name
 See also
 Regulated hazardous constituent     Nickel
 CAS No. for regulated hazardous constituent     7440-02-0
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.20

 Waste code     F038
 Commercial chemical name     NA
 See also     Table CCW in 268.43
 Regulated hazardous constituent     Chromium (Total)
 CAS No. for regulated hazardous constituent     7440-47-32
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     1.7

 Commercial chemical name
 See also
 Regulated hazardous constituent     Nickel
 CAS No. for regulated hazardous constituent     7440-02-0
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.20

 Waste code     K061
 Commercial chemical name     NA
 See also     Table CCW in 268.43
 Regulated hazardous constituent     Antimony
 CAS No. for regulated hazardous constituent     7440-36-0
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     2.1

 Commercial chemical name
 See also
 Regulated hazardous constituent     Arsenic
 CAS No. for regulated hazardous constituent     7440-38-2
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.055

 Commercial chemical name
 See also
 Regulated hazardous constituent     Barium
 CAS No. for regulated hazardous constituent     7440-39-3
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     7.6

 Commercial chemical name
 See also
 Regulated hazardous constituent     Beryllium
 CAS No. for regulated hazardous constituent     7440-41-7
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.014

 Commercial chemical name
 See also
 Regulated hazardous constituent     Cadmium
 CAS No. for regulated hazardous constituent     7440-43-9
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.19

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chromium (Total)
 CAS No. for regulated hazardous constituent     7440-47-32
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.33

 Commercial chemical name
 See also
 Regulated hazardous constituent     Lead
 CAS No. for regulated hazardous constituent     7439-92-1
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.37

 Commercial chemical name
 See also
 Regulated hazardous constituent     Mercury
 CAS No. for regulated hazardous constituent     7439-97-6
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.009

 Commercial chemical name
 See also
 Regulated hazardous constituent     Nickel
 CAS No. for regulated hazardous constituent     7440-02-0
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     5

 Commercial chemical name
 See also
 Regulated hazardous constituent     Selenium
 CAS No. for regulated hazardous constituent     7782-49-2
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.16

 Commercial chemical name
 See also
 Regulated hazardous constituent     Silver
 CAS No. for regulated hazardous constituent     7440-22-4
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.3

 Commercial chemical name
 See also
 Regulated hazardous constituent     Thallium
 CAS No. for regulated hazardous constituent
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     0.078

 Commercial chemical name
 See also
 Regulated hazardous constituent     Zinc
 CAS No. for regulated hazardous constituent     7440-66-6
 Wastewaters
   Concentration (mg/l) Notes     NA
 Nonwastewaters
   Concentration (mg/l) Notes     5.3

    (c) The treatment standards for the constituents in F001-F005 which are
listed  in  Table  CCWE only apply to wastes which contain one, two, or all
three  of  these  constituents.  If  the  waste contains any of these three
constituents  along  with  any  of the other 26 constituents found in F001-
F005,  then  only  the  treatment  standards  in  Sec. 268.43 Table CCW are
required.

    35-36.  In  Sec.  268.42, Table 2 of paragraph (a) is amended by adding
entries  for  K107,  K108,  K109, K110, K112, K123, K124, K125, K126, U328,
U353,  and  U359  in  alphanumerical  order  and paragraphs (b) and (d) are
revised to read as follows:
Sec. 268.42 Treatment standards expressed as specified technologies.
 268.42Table 2.-Technology-Based Standards by RCRA Waste Code

 Waste code     K107
 See also
 Waste descriptions and/or treatment subcategory     Column
 bottoms from product separation from the production of 1,1-
 dimethylhydrazine (UDMH) from carboxylic acid hydrazides
 CAS No. for regulated hazardous constituents     NA
 Technology code
   Wastewaters     INCIN; or CHOXD fb, CARBN; or BIODG fb CARBN
   Nonwastewaters     INCIN.

 Waste code     K108
 See also
 Waste descriptions and/or treatment subcategory     Condensed
 column overheads from product separation and condensed reactor
 vent gases from the production of 1,1-dimethylhydrazine (UDMH)
 from carboxylic acid hydrazides
 CAS No. for regulated hazardous constituents     NA
 Technology code
   Wastewaters     INCIN; or CHOXD fb, CARBN; or BIODG fb CARBN
   Nonwastewaters     INCIN.

 Waste code     K109
 See also
 Waste descriptions and/or treatment subcategory     Spent filter
 cartridges from product purification from the production of 1,1-
 dimethylhydrazine (UDMH) from carboxylic acid hydrazides
 CAS No. for regulated hazardous constituents     NA
 Technology code
   Wastewaters     INCIN; or CHOXD fb, CARBN; or BIODG fb CARBN
   Nonwastewaters     INCIN.

 Waste code     K110
 See also
 Waste descriptions and/or treatment subcategory     Condensed
 column overheads from intermediate separation from the production
 of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides
 CAS No. for regulated hazardous constituents     NA
 Technology code
   Wastewaters     INCIN; or CHOXD fb, CARBN; or BIODG fb CARBN
   Nonwastewaters     INCIN.

 Waste code     K112
 See also
 Waste descriptions and/or treatment subcategory     Reaction by-
 product water from the drying column in the production of
 toluenediamine via hydrogenation of dinitrotoluene
 CAS No. for regulated hazardous constituents     NA
 Technology code
   Wastewaters     INCIN; or CHOXD fb, CARBN; or BIODG fb CARBN
   Nonwastewaters     INCIN.

 Waste code     K123
 See also
 Waste descriptions and/or treatment subcategory     Process
 wastewater (including supernates, filtrates, and washwaters) from
 the production of ethylenebisdithiocarbamic acid and its salts
 CAS No. for regulated hazardous constituents     NA
 Technology code
   Wastewaters     INCIN; or CHOXD fb (BIODG or CARBN)
   Nonwastewaters     INCIN.

 Waste code     K124
 See also
 Waste descriptions and/or treatment subcategory     Reactor vent
 scrubber water from the production of ethylenebisdithiocarbamic
 acid and its salts
 CAS No. for regulated hazardous constituents     NA
 Technology code
   Wastewaters     INCIN; or CHOXD fb (BIODG or CARBN)
   Nonwastewaters     INCIN.

 Waste code     K125
 See also
 Waste descriptions and/or treatment subcategory     Filtration,
 evaporation, and centrifugation solids from the production of
 ethylenebisdithiocarbamic acid and its salts
 CAS No. for regulated hazardous constituents     NA
 Technology code
   Wastewaters     INCIN; or CHOXD fb (BIODG or CARBN)
   Nonwastewaters     INCIN.

 Waste code     K126
 See also
 Waste descriptions and/or treatment subcategory     Baghouse dust
 and floor sweepings in milling and packaging operations from the
 production or formulation of ethylene bisdithiocarbamic acid and
 its salts
 CAS No. for regulated hazardous constituents     NA
 Technology code
   Wastewaters     INCIN; or CHOXD fb (BIODG or CARBN)
   Nonwastewaters     INCIN.

 Waste code     U328
 See also
 Waste descriptions and/or treatment subcategory     o-toluidine
 CAS No. for regulated hazardous constituents     95-53-4
 Technology code
   Wastewaters     INCIN; or CHOXD fb, (BIODG or CARBN); or BIODG
 fb CARBN
   Nonwastewaters     INCIN; or Thermal Destruction.

 Waste code     U353
 See also
 Waste descriptions and/or treatment subcategory     p-toluidine
 CAS No. for regulated hazardous constituents     106-49-0
 Technology code
   Wastewaters     INCIN; or CHOXD fb, (BIODG or CARBN); or BIODG
 fb CARBN
   Nonwastewaters     INCIN; or Thermal Destruction.

 Waste code     U359
 See also
 Waste descriptions and/or treatment subcategory     2-ethoxy-
 ethanol
 CAS No. for regulated hazardous constituents     110-80-5
 Technology code
   Wastewaters     INCIN; or CHOXD fb, (BIODG or CARBN); or BIODG
 fb CARBN
   Nonwastewaters     INCIN; or FSUBS.

  

    (b)   Any  person  may  submit  an  application  to  the  Administrator
demonstrating that an alternative treatment method can achieve a measure of
performance  equivalent to that achieved by methods specified in paragraphs
(a),  (c),  and  (d)  of this section for wastes or specified in Table 1 of
Sec.  268.45  for  hazardous  debris. The applicant must submit information
demonstrating  that  his  treatment  method  is in compliance with federal,
state,  and  local  requirements  and is protective of human health and the
environment.  On  the  basis  of  such  information and any other available
information,  the  Administrator  may  approve  the  use of the alternative
treatment method if he finds that the alternative treatment method provides
a  measure  of performance equivalent to that achieved by methods specified
in paragraphs (a), (c), and (d) of this section for wastes or in Table 1 of
Sec.  268.45  for  hazardous debris. Any approval must be stated in writing
and  may  contain such provisions and conditions as the Administrator deems
appropriate.  The  person  to whom such approval is issued must comply with
all limitations contained in such a determination.

    (d)   Radioactive  hazardous  mixed  wastes  with  treatment  standards
specified  in  Table  3  of  this  section are not subject to any treatment
standards  specified in Secs. 268.41 or 268.43, or Table 2 of this section.
Radioactive  hazardous  mixed  wastes not subject to treatment standards in
Table  3  of  this  section  remain  subject  to  all  applicable treatment
standards  specified  in Secs. 268.41, 268.43, and Table 2 of this section.
Hazardous  debris  containing  radioactive  waste  is  not  subject  to the
treatment  standards specified in Table 3 of this section but is subject to
the treatment standards specified in Sec. 268.45.

    37.  In Sec. 268.43(a) Table CCW is amended by revising the entries for
F001-F005  spent  solvents, K015, K016, K018, K019, K020, K023, K024, K028,
K030,  K043,  K048,  K049,  K050, K051, K052, K087, K093, K094, U028, U069,
U088,  U102,  U107, and U190, by removing the entry for U042, and by adding
the   entries  for  F037,  F038,  K117,  K118,  K131,  K132,  and  K136  in
alphanumerical order to read as follows:
Sec. 268.43 Treatment standards expressed as waste concentrations.

    (a)
 268.43.-Table CCW.-Constituent Concentrations in Wastes

 Waste code     F001-F005 spent solvents
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Acetone
 CAS number for regulate hazardous constituent     67-64-1
 Wastewaters
   Concentration (mg/l)     0.28
   Notes
 Nonwastewaters
   Concentration (mg/l)     160
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzene
 CAS number for regulate hazardous constituent     71-43-2
 Wastewaters
   Concentration     0.070
   Notes
 Nonwastewaters
   Concentration (mg/l)     3.7
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     n-Butyl alcohol
 CAS number for regulate hazardous constituent     71-36-3
 Wastewaters
   Concentration     5.6
   Notes
 Nonwastewaters
   Concentration (mg/l)     2.6
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     Carbon tetrachloride
 CAS number for regulate hazardous constituent     56-23-5
 Wastewaters
   Concentration     0.057
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chlorobenzene
 CAS number for regulate hazardous constituent     108-90-7
 Wastewaters
   Concentration     0.057
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.7
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     Cresol (m- and p-isomers)
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.77
   Notes
 Nonwastewaters
   Concentration (mg/l)     3.2
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     o-cresol
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.11
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     o-Dichlorobenzene
 CAS number for regulate hazardous constituent     95-50-1
 Wastewaters
   Concentration     0.088
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.2
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Ethyl acetate
 CAS number for regulate hazardous constituent     141-7-6
 Wastewaters
   Concentration     0.34
   Notes
 Nonwastewaters
   Concentration (mg/l)     33
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     Ethyl benzene
 CAS number for regulate hazardous constituent     100-41-4
 Wastewaters
   Concentration     0.057
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Ethyl ether
 CAS number for regulate hazardous constituent     60-29-7
 Wastewaters
   Concentration     0.12
   Notes
 Nonwastewaters
   Concentration (mg/l)     160
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     Isobutyl alcohol
 CAS number for regulate hazardous constituent     78-83-1
 Wastewaters
   Concentration     5.6
   Notes
 Nonwastewaters
   Concentration (mg/l)     170
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Methylene chloride
 CAS number for regulate hazardous constituent     75-9-2
 Wastewaters
   Concentration     0.089
   Notes
 Nonwastewaters
   Concentration (mg/l)     33
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     Methyl ethyl ketone
 CAS number for regulate hazardous constituent     78-93-3
 Wastewaters
   Concentration     0.28
   Notes
 Nonwastewaters
   Concentration (mg/l)     36
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Methyl isobutyl ketone
 CAS number for regulate hazardous constituent     108-10-1
 Wastewaters
   Concentration     0.14
   Notes
 Nonwastewaters
   Concentration (mg/l)     33
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     Nitrobenzene
 CAS number for regulate hazardous constituent     98-95-3
 Wastewaters
   Concentration     0.068
   Notes
 Nonwastewaters
   Concentration (mg/l)     14
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pyridine
 CAS number for regulate hazardous constituent     110-86-1
 Wastewaters
   Concentration     0.014
   Notes
 Nonwastewaters
   Concentration (mg/l)     16
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     Tetrachloroethylene
 CAS number for regulate hazardous constituent     127-18-4
 Wastewaters
   Concentration     0.056
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Toluene
 CAS number for regulate hazardous constituent     108-88-3
 Wastewaters
   Concentration     0.08
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1,1-Trichloroethane
 CAS number for regulate hazardous constituent     71-55-6
 Wastewaters
   Concentration     0.054
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1,2-Trichloroethane
 CAS number for regulate hazardous constituent     79-00-5
 Wastewaters
   Concentration     0.030
   Notes
 Nonwastewaters
   Concentration (mg/l)     7.6
   Notes     ( fn 1 )
 Commercial chemical name
 See also
 Regulated hazardous constituent     Trichloroethylene
 CAS number for regulate hazardous constituent     79-01-6
 Wastewaters
   Concentration     0.054
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1,2-Trichloro-1,2,2-
 trifluoromethane
 CAS number for regulate hazardous constituent     76-13-1
 Wastewaters
   Concentration     0.057
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Trichloromono-fluoromethane
 CAS number for regulate hazardous constituent     75-69-4
 Wastewaters
   Concentration     0.02
   Notes
 Nonwastewaters
   Concentration (mg/l)     33
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Xylenes (total)
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.32
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes

 Waste code     F037
 Commercial chemical name     NA
 See also     Table CCWE in 268.41
 Regulated hazardous constituent     Acenaphthene
 CAS number for regulate hazardous constituent     208-96-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Anthracene
 CAS number for regulate hazardous constituent     120-12-7
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzene
 CAS number for regulate hazardous constituent     71-43-2
 Wastewaters
   Concentration     0.14
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzo(a)anthracene
 CAS number for regulate hazardous constituent     50-32-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     20
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzo(a)pyrene
 CAS number for regulate hazardous constituent     117-81-7
 Wastewaters
   Concentration     0.061
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     12
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Bis(2-ethylhexyl) phthalate
 CAS number for regulate hazardous constituent     75-15-0
 Wastewaters
   Concentration     0.28
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     7.3
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chrysene
 CAS number for regulate hazardous constituent     218-01-9
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Di-n-butyl phthalate
 CAS number for regulate hazardous constituent     105-67-9
 Wastewaters
   Concentration     0.057
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Ethylbenzene
 CAS number for regulate hazardous constituent     100-41-4
 Wastewaters
   Concentration     0.057
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Fluorene
 CAS number for regulate hazardous constituent     86-73-7
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Naphthalene
 CAS number for regulate hazardous constituent     91-20-3
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     42
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenanthrene
 CAS number for regulate hazardous constituent     85-01-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     34
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenol
 CAS number for regulate hazardous constituent     108-95-2
 Wastewaters
   Concentration     0.039
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pyrene
 CAS number for regulate hazardous constituent     129-00-0
 Wastewaters
   Concentration     0.067
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     36
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Toluene
 CAS number for regulate hazardous constituent     108-88-3
 Wastewaters
   Concentration     0.08
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Xylene(s)
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.32
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     22
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Cyanides (Total)
 CAS number for regulate hazardous constituent     57-12-5
 Wastewaters
   Concentration     0.028
   Notes     ( fn 1 )
 Nonwastewaters
   Concentration (mg/l)     1.8
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chromium (Total)
 CAS number for regulate hazardous constituent     7440-47-32
 Wastewaters
   Concentration     0.2
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Lead
 CAS number for regulate hazardous constituent     7439-92-1
 Wastewaters
   Concentration     0.037
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Waste code     F038
 Commercial chemical name     NA
 See also     Table CCWE in 268.41
 Regulated hazardous constituent     Benzene
 CAS number for regulate hazardous constituent     71-43-2
 Wastewaters
   Concentration     0.14
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzo(a)pyrene
 CAS number for regulate hazardous constituent     50-32-8
 Wastewaters
   Concentration     0.061
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     12
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Bis(2-ethylhexyl) phthalate
 CAS number for regulate hazardous constituent     117-81-7
 Wastewaters
   Concentration     0.28
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     7.3
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chrysene
 CAS number for regulate hazardous constituent     218-01-9
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Di-n-butyl phthalate
 CAS number for regulate hazardous constituent     84-74-2
 Wastewaters
   Concentration     0.057
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Ethylbenzene
 CAS number for regulate hazardous constituent     100-41-4
 Wastewaters
   Concentration     0.057
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Fluorene
 CAS number for regulate hazardous constituent     86-73-7
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Naphthalene
 CAS number for regulate hazardous constituent     91-20-3
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     42
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenanthrene
 CAS number for regulate hazardous constituent     85-01-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     34
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenol
 CAS number for regulate hazardous constituent     108-95-2
 Wastewaters
   Concentration     0.039
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pyrene
 CAS number for regulate hazardous constituent     129-00-0
 Wastewaters
   Concentration     0.067
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     36
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Toluene
 CAS number for regulate hazardous constituent     108-88-3
 Wastewaters
   Concentration     0.080
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Xylene(s)
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.32
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     22
   Notes     ( fn 1 )

 Commercial chemical name
 see also
 Regulated hazardous constituent     Cyanides (Total)
 CAS number for regulate hazardous constituent     57-12-5
 Wastewaters
   Concentration     0.028
   Notes     ( fn 1 )
 Nonwastewaters
   Concentration (mg/l)     1.8
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chromium (Total)
 CAS number for regulate hazardous constituent     7440-47-32
 Wastewaters
   Concentration     0.2
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Lead
 CAS number for regulate hazardous constituent     7439-92-1
 Wastewaters
   Concentration     0.037
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Waste code     K015
 Commercial chemical name     NA
 See also     Table CCWE in 268.41
 Regulated hazardous constituent     Anthracene
 CAS number for regulate hazardous constituent     120-12-7
 Wastewaters
   Concentration     0.059
   Notes
 Nonwastewaters
   Concentration (mg/l)     3.4
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzal Chloride
 CAS number for regulate hazardous constituent     98-87-3
 Wastewaters
   Concentration     0.28
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.2
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Sum of Benzo(b) fluoranthene
 and Benzo(k) fluoranthene
 CAS number for regulate hazardous constituent     207-08-9
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     3.4
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenanthrene
 CAS number for regulate hazardous constituent     85-01-8
 Wastewaters
   Concentration     0.059
   Notes
 Nonwastewaters
   Concentration (mg/l)     3.4
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Toluene
 CAS number for regulate hazardous constituent     108-88-3
 Wastewaters
   Concentration     0.08
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chromium (Total)
 CAS number for regulate hazardous constituent     7440-47-32
 Wastewaters
   Concentration     0.32
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Nickel
 CAS number for regulate hazardous constituent     7440-02-0
 Wastewaters
   Concentration     0.44
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Waste code     K016
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Hexachlorobenzene
 CAS number for regulate hazardous constituent     118-74-1
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachlorobutadiene
 CAS number for regulate hazardous constituent     87-68-3
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachlorocyclopentadiene
 CAS number for regulate hazardous constituent     77-47-4
 Wastewaters
   Concentration     0.057
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachloroethane
 CAS number for regulate hazardous constituent     67-72-1
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Tetrachloroethene
 CAS number for regulate hazardous constituent     127-18-4
 Wastewaters
   Concentration     0.056
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Waste code     K018
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Chloroethane
 CAS number for regulate hazardous constituent     76-00-3
 Wastewaters
   Concentration     0.27
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chloromethane
 CAS number for regulate hazardous constituent     74-87-3
 Wastewaters
   Concentration     0.19
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1-Dichloroethane
 CAS number for regulate hazardous constituent     75-34-3
 Wastewaters
   Concentration     0.059
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,2-Dichloroethane
 CAS number for regulate hazardous constituent     107-06-2
 Wastewaters
   Concentration     0.21
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachlorobenzene
 CAS number for regulate hazardous constituent     118-74-1
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachlorobutadiene
 CAS number for regulate hazardous constituent     87-68-3
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pentachloroethane
 CAS number for regulate hazardous constituent     76-01-7
 Wastewaters
   Concentration     NA
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1,1-Trichloroethane
 CAS number for regulate hazardous constituent     71-55-6
 Wastewaters
   Concentration     0.054
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachloroethane
 CAS number for regulate hazardous constituent     67-72-1
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Waste code     K019
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Bis(2-chloroethyl) ether
 CAS number for regulate hazardous constituent     111-44-4
 Wastewaters
   Concentration     0.033
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chlorobenzene
 CAS number for regulate hazardous constituent     108-90-7
 Wastewaters
   Concentration     0.057
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chloroform
 CAS number for regulate hazardous constituent     67-66-3
 Wastewaters
   Concentration     0.046
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     p-Dichlorobenzene
 CAS number for regulate hazardous constituent     106-46-7
 Wastewaters
   Concentration     0.09
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,2-Dichloroethane
 CAS number for regulate hazardous constituent     107-06-2
 Wastewaters
   Concentration     0.21
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Fluorene
 CAS number for regulate hazardous constituent     86-73-7
 Wastewaters
   Concentration     0.059
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachloroethane
 CAS number for regulate hazardous constituent     67-72-1
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Naphthalene
 CAS number for regulate hazardous constituent     91-20-3
 Wastewaters
   Concentration     0.059
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenanthrene
 CAS number for regulate hazardous constituent     85-01-8
 Wastewaters
   Concentration     0.059
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,2,4,5-Tetrachlorobenzene
 CAS number for regulate hazardous constituent     95-94-3
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Tetrachloroethene
 CAS number for regulate hazardous constituent     127-18-4
 Wastewaters
   Concentration     0.056
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,2,4-Trichlorobenzene
 CAS number for regulate hazardous constituent     120-82-1
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     19
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1,1-Trichloroethane
 CAS number for regulate hazardous constituent     71-55-6
 Wastewaters
   Concentration     0.054
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Waste code     K020
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     1,2-Dichloroethane
 CAS number for regulate hazardous constituent     106-93-4
 Wastewaters
   Concentration     0.21
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1,2,2-Tetrachloroethane
 CAS number for regulate hazardous constituent     79-34-6
 Wastewaters
   Concentration     0.057
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Tetrachloroethene
 CAS number for regulate hazardous constituent     127-18-4
 Wastewaters
   Concentration     0.056
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Waste code     K023
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Phthalic anhydride (measured
 as Phthalic acid)
 CAS number for regulate hazardous constituent     85-44-9
 Wastewaters
   Concentration     0.069
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )
 Waste code     K024
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Phthalic anhydride (measured
 as Phthalic acid)
 CAS number for regulate hazardous constituent     85-44-9
 Wastewaters
   Concentration     0.069
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Waste code     K028
 Commercial chemical name     NA
 See also     Table CCWE in 268.41
 Regulated hazardous constituent     1,1-Dichloroethane trans-1,2-
 CAS number for regulate hazardous constituent     75-34-3
 Wastewaters
   Concentration     0.059
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Dichloroethane
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.054
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachlorobutadiene
 CAS number for regulate hazardous constituent     87-68-3
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachloroethane
 CAS number for regulate hazardous constituent     67-72-1
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pentachloroethane
 CAS number for regulate hazardous constituent     76-01-7
 Wastewaters
   Concentration     NA
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1,1,2-Tetrachloroethane
 CAS number for regulate hazardous constituent     630-20-6
 Wastewaters
   Concentration     0.057
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1,2,2-Tetrachloroethane
 CAS number for regulate hazardous constituent     79-34-6
 Wastewaters
   Concentration     0.057
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1,1,-Trichloroethane
 CAS number for regulate hazardous constituent     71-55-6
 Wastewaters
   Concentration     0.054
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,1,2-Trichloroethane
 CAS number for regulate hazardous constituent     79-00-5
 Wastewaters
   Concentration     0.054
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Tetrachloroethylene
 CAS number for regulate hazardous constituent     127-18-4
 Wastewaters
   Concentration     0.056
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Cadmium
 CAS number for regulate hazardous constituent     7440-43-9
 Wastewaters
   Concentration     6.4
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chromium (Total)
 CAS number for regulate hazardous constituent     7440-47-32
 Wastewaters
   Concentration     0.35
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Lead
 CAS number for regulate hazardous constituent     7439-92-1
 Wastewaters
   Concentration     0.037
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Nickel
 CAS number for regulate hazardous constituent     7440-02-0
 Wastewaters
   Concentration     0.47
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Waste code     K030
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     o-Dichlorobenzene
 CAS number for regulate hazardous constituent     95-50-1
 Wastewaters
   Concentration     0.088
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     p-Dichlorobenzene
 CAS number for regulate hazardous constituent     106-46-7
 Wastewaters
   Concentration     0.09
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachlorobutadiene
 CAS number for regulate hazardous constituent     87-68-3
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachloroethane
 CAS number for regulate hazardous constituent     67-72-1
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachloropropene
 CAS number for regulate hazardous constituent     1888-71-7
 Wastewaters
   Concentration     NA
   Notes
 Nonwastewaters
   Concentration (mg/l)     19
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pentachlorobenzene
 CAS number for regulate hazardous constituent     608-93-5
 Wastewaters
   Concentration     NA
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pentachloroethane
 CAS number for regulate hazardous constituent     76-01-7
 Wastewaters
   Concentration     NA
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,2,4,5-Tetrachlorobenzene
 CAS number for regulate hazardous constituent     95-94-3
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Tetrachloroethene
 CAS number for regulate hazardous constituent     127-18-4
 Wastewaters
   Concentration     0.056
   Notes
 Nonwastewaters
   Concentration (mg/l)     6.0
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     1,2,4-Trichlorobenzene
 CAS number for regulate hazardous constituent     120-82-1
 Wastewaters
   Concentration     0.055
   Notes
 Nonwastewaters
   Concentration (mg/l)     19
   Notes     ( fn 1 )

 Waste code     K030
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     2,4-Dichlorophenol
 CAS number for regulate hazardous constituent     120-83-2
 Wastewaters
   Concentration     0.044
   Notes
 Nonwastewaters
   Concentration (mg/l)     0.38
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     2,6-Dichloropheno
 CAS number for regulate hazardous constituent     187-65-0
 Wastewaters
   Concentration     0.044
   Notes
 Nonwastewaters
   Concentration (mg/l)     0.34
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     2,4,5-Trichlorophenol
 CAS number for regulate hazardous constituent     95-95-4
 Wastewaters
   Concentration     0.18
   Notes
 Nonwastewaters
   Concentration (mg/l)     8.2
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     2,4,6-Trichlorophenol
 CAS number for regulate hazardous constituent     88-06-2
 Wastewaters
   Concentration     0.035
   Notes
 Nonwastewaters
   Concentration (mg/l)     7.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Tetrachlorophenols (Total)
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     NA
   Notes
 Nonwastewaters
   Concentration (mg/l)     0.68
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pentachlorophenol
 CAS number for regulate hazardous constituent     87-86-5
 Wastewaters
   Concentration     0.089
   Notes
 Nonwastewaters
   Concentration (mg/l)     1.9
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Tetrachloroethene
 CAS number for regulate hazardous constituent     79-01-6
 Wastewaters
   Concentration     0.056
   Notes
 Nonwastewaters
   Concentration (mg/l)     1.7
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachlorodibenzo-p-dioxins
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.000063
   Notes
 Nonwastewaters
   Concentration (mg/l)     0.001
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Hexachlorodibenzofurans
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.000063
   Notes
 Nonwastewaters
   Concentration (mg/l)     0.001
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pentachlorodibenzo-p-dioxins
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.000063
   Notes
 Nonwastewaters
   Concentration (mg/l)     0.001
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pentachlorodibenzo furans
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.000063
   Notes
 Nonwastewaters
   Concentration (mg/l)     0.001
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Tetrachlorodibenzo-p-dioxins
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.000063
   Notes
 Nonwastewaters
   Concentration (mg/l)     0.001
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Tetrachlorodibenzofurans
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.000063
   Notes
 Nonwastewaters
   Concentration (mg/l)     0.001
   Notes     ( fn 1 )

 Waste code     K048
 Commercial chemical name     NA
 See also     Table CCWE in 268.41
 Regulated hazardous constituent     Benzene
 CAS number for regulate hazardous constituent     71-43-2
 Wastewaters
   Concentration     0.14
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzo(a)pyrene
 CAS number for regulate hazardous constituent     50-32-8
 Wastewaters
   Concentration     0.061
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     12
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Bis(2-ethylhexyl) phthalate
 CAS number for regulate hazardous constituent     117-81-7
 Wastewaters
   Concentration     0.28
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     7.3
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chrysene
 CAS number for regulate hazardous constituent     218-01-9
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Di-n-butyl phthalate
 CAS number for regulate hazardous constituent     84-74-2
 Wastewaters
   Concentration     0.057
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Ethylbenzene
 CAS number for regulate hazardous constituent     100-41-4
 Wastewaters
   Concentration     0.057
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Fluorene
 CAS number for regulate hazardous constituent     86-73-7
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Naphthalene
 CAS number for regulate hazardous constituent     91-20-3
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     42
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenanthrene
 CAS number for regulate hazardous constituent     85-01-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     34
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenol
 CAS number for regulate hazardous constituent     108-95-2
 Wastewaters
   Concentration     0.039
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pyrene
 CAS number for regulate hazardous constituent     129-00-0
 Wastewaters
   Concentration     0.067
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     36
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Toluene
 CAS number for regulate hazardous constituent     108-88-3
 Wastewaters
   Concentration     0.080
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Xylene(s)
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.32
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     22
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Cyanides (Total)
 CAS number for regulate hazardous constituent     57-12-5
 Wastewaters
   Concentration     0.028
   Notes     ( fn 1 )
 Nonwastewaters
   Concentration (mg/l)     1.8
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chromium (Total)
 CAS number for regulate hazardous constituent     7440-47-32
 Wastewaters
   Concentration     0.2
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Lead
 CAS number for regulate hazardous constituent     7439-92-1
 Wastewaters
   Concentration     0.037
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Waste code     K049
 Commercial chemical name     NA
 See also     Table CCWE in 268.41
 Regulated hazardous constituent     Anthracene
 CAS number for regulate hazardous constituent     120-12-7
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzene
 CAS number for regulate hazardous constituent     71-43-2
 Wastewaters
   Concentration     0.14
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzo(a)pyrene
 CAS number for regulate hazardous constituent     117-81-7
 Wastewaters
   Concentration     0.061
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     12
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Bis(2-ethylhexyl) phthalate
 CAS number for regulate hazardous constituent     75-150-0
 Wastewaters
   Concentration     0.28
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     7.3
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Carbon disulfide
 CAS number for regulate hazardous constituent     75-15-0
 Wastewaters
   Concentration     0.014
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     NA

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chrysene
 CAS number for regulate hazardous constituent     2218-01-9
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     2,4-Dimethyl phenol
 CAS number for regulate hazardous constituent     105-67-9
 Wastewaters
   Concentration     0.036
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Ethylbenzene
 CAS number for regulate hazardous constituent     100-41-4
 Wastewaters
   Concentration     0.057
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Naphthalene
 CAS number for regulate hazardous constituent     91-20-3
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     42
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenanthrene
 CAS number for regulate hazardous constituent     85-01-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     34
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenol
 CAS number for regulate hazardous constituent     108-95-2
 Wastewaters
   Concentration     0.039
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pyrene
 CAS number for regulate hazardous constituent     129-00-0
 Wastewaters
   Concentration     0.067
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     36
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Toluene
 CAS number for regulate hazardous constituent     108-88-3
 Wastewaters
   Concentration     0.08
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Xylene(s)
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.32
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     22
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Cyanides (Total)
 CAS number for regulate hazardous constituent     56-12-5
 Wastewaters
   Concentration     0.028
   Notes     ( fn 1 )
 Nonwastewaters
   Concentration (mg/l)     1.8
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chromium (Total)
 CAS number for regulate hazardous constituent     7440-47-32
 Wastewaters
   Concentration     0.2
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Waste code     K050
 Commercial chemical name     NA
 See also     Table CCWE in 268.41
 Regulated hazardous constituent     Lead
 CAS number for regulate hazardous constituent     7439-92-1
 Wastewaters
   Concentration     0.037
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzo(a)pyrene
 CAS number for regulate hazardous constituent     50-32-8
 Wastewaters
   Concentration     0.061
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     12
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenol
 CAS number for regulate hazardous constituent     108-95-2
 Wastewaters
   Concentration     0.039
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Cyanides (Total)
 CAS number for regulate hazardous constituent     57-12-5
 Wastewaters
   Concentration     0.028
   Notes     ( fn 1 )
 Nonwastewaters
   Concentration (mg/l)     1.8
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chromium (Total)
 CAS number for regulate hazardous constituent     7440-47-32
 Wastewaters
   Concentration     0.2
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Lead
 CAS number for regulate hazardous constituent     7439-29-1
 Wastewaters
   Concentration     0.037
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Waste code     K051
 Commercial chemical name     NA
 See also     Table CCWE in 268.41
 Regulated hazardous constituent     Acenaphthene
 CAS number for regulate hazardous constituent     83-32-9
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Anthracene
 CAS number for regulate hazardous constituent     120-12-7
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzene
 CAS number for regulate hazardous constituent     71-43-2
 Wastewaters
   Concentration     0.14
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzo(a) anthracene
 CAS number for regulate hazardous constituent     50-32-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     20
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzo(a)pyrene
 CAS number for regulate hazardous constituent     117-81-7
 Wastewaters
   Concentration     0.061
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     12
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Bis(2-ethylhexyl) phthalate
 CAS number for regulate hazardous constituent     75-15-0
 Wastewaters
   Concentration     0.28
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     7.3
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chrysene
 CAS number for regulate hazardous constituent     2218-01-9
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Di-n-butyl phthalate
 CAS number for regulate hazardous constituent     105-67-9
 Wastewaters
   Concentration     0.057
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Ethylbenzene
 CAS number for regulate hazardous constituent     100-41-4
 Wastewaters
   Concentration     0.057
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Fluorene
 CAS number for regulate hazardous constituent     86-73-7
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Naphthalene
 CAS number for regulate hazardous constituent     91-20-3
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     42
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenanthrene
 CAS number for regulate hazardous constituent     85-01-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     34
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenol
 CAS number for regulate hazardous constituent     108-95-2
 Wastewaters
   Concentration     0.039
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Pyrene
 CAS number for regulate hazardous constituent     129-00-0
 Wastewaters
   Concentration     0.067
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     36
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Toluene
 CAS number for regulate hazardous constituent     108-88-3
 Wastewaters
   Concentration     0.08
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Xylene(s)
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.32
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     22
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Cyandides (Total)
 CAS number for regulate hazardous constituent     57-12-5
 Wastewaters
   Concentration     0.028
   Notes     ( fn 1 )
 Nonwastewaters
   Concentration (mg/l)     1.8
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chromium (Total)
 CAS number for regulate hazardous constituent     7440-47-32
 Wastewaters
   Concentration     0.2
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Lead
 CAS number for regulate hazardous constituent     7439-92-1
 Wastewaters
   Concentration     0.037
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzene
 CAS number for regulate hazardous constituent     71-43-2
 Wastewaters
   Concentration     0.14
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzo(a)pyrene
 CAS number for regulate hazardous constituent     50-32-8
 Wastewaters
   Concentration     0.061
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     12
   Notes     ( fn 1 )

 Waste code     K052
 Commercial chemical name     NA
 See also     Table CCWE in 268.41
 Regulated hazardous constituent     o-Cresol
 CAS number for regulate hazardous constituent     95-48-7
 Wastewaters
   Concentration     0.11
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     6.2
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     p-Cresol
 CAS number for regulate hazardous constituent     106-44-5
 Wastewaters
   Concentration     0.77
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     6.2
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     2,4-Dimenthylphenol
 CAS number for regulate hazardous constituent     105-67-9
 Wastewaters
   Concentration     0.036
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Ethylbenzene
 CAS number for regulate hazardous constituent     100-41-4
 Wastewaters
   Concentration     0.057
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Naphthalene
 CAS number for regulate hazardous constituent     91-20-3
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     42
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenanthrene
 CAS number for regulate hazardous constituent     85-01-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     34
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenol
 CAS number for regulate hazardous constituent     108-95-2
 Wastewaters
   Concentration     0.039
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.6
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Toluene
 CAS number for regulate hazardous constituent     108-88-3
 Wastewaters
   Concentration     0.08
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     14
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Xylenes
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.32
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     22
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Cyanides (Total)
 CAS number for regulate hazardous constituent     56-12-5
 Wastewaters
   Concentration     0.028
   Notes     ( fn 1 )
 Nonwastewaters
   Concentration (mg/l)     1.8
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chromium (Total)
 CAS number for regulate hazardous constituent     7440-47-32
 Wastewaters
   Concentration     0.2
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Lead
 CAS number for regulate hazardous constituent     7439-92-1
 Wastewaters
   Concentration     0.037
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Waste code     K087
 Commercial chemical name     NA
 See also     Table CCWE in 268.41
 Regulated hazardous constituent     Acenaphthalene
 CAS number for regulate hazardous constituent     208-96-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.4
   Notes

 Commercial chemical name
 See also
 Regulated hazardous constituent     Lead
 CAS number for regulate hazardous constituent     7439-92-1
 Wastewaters
   Concentration     0.037
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes
 Commercial chemical name
 See also
 Regulated hazardous constituent     Chrysene
 CAS number for regulate hazardous constituent     218-01-9
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.4
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Fluoranthene
 CAS number for regulate hazardous constituent     206-44-0
 Wastewaters
   Concentration     0.068
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.4
   Notes     ( fn 1 )
 Commercial chemical name
 See also
 Regulated hazardous constituent     Indeno (1,2,3-cd) pyrene
 CAS number for regulate hazardous constituent     193-39-5
 Wastewaters
   Concentration     0.0055
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.4
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Naphthalene
 CAS number for regulate hazardous constituent     91-20-3
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.4
   Notes     ( fn 1 )
 Commercial chemical name
 See also
 Regulated hazardous constituent     Phenanthrene
 CAS number for regulate hazardous constituent     85-01-8
 Wastewaters
   Concentration     0.059
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     3.4
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Toluene
 CAS number for regulate hazardous constituent     108-88-3
 Wastewaters
   Concentration     0.08
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     0.65
   Notes     ( fn 1 )
 Commercial chemical name
 See also
 Regulated hazardous constituent     Xylenes
 CAS number for regulate hazardous constituent
 Wastewaters
   Concentration     0.32
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     0.07
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Benzene
 CAS number for regulate hazardous constituent     71-43-2
 Wastewaters
   Concentration     0.14
   Notes     ( fn 2 )
 Nonwastewaters
   Concentration (mg/l)     0.071
   Notes     ( fn 1 )
 Commercial chemical name
 See also
 Regulated hazardous constituent     Lead
 CAS number for regulate hazardous constituent     7439-92-1
 Wastewaters
   Concentration     0.037
   Notes
 Nonwastewaters
   Concentration (mg/l)     NA
   Notes

 Waste code     K093
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Phthalic anhydride (measured
 as Phthalic acid)
 CAS number for regulate hazardous constituent     85-44-9
 Wastewaters
   Concentration     0.069
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Waste code     K094
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Phthalic anhydride (measured
 as Phthalic acid)
 CAS number for regulate hazardous constituent     85-44-9
 Wastewaters
   Concentration     0.069
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Waste code     K111
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     2,4-Dinitrotoluene
 CAS number for regulate hazardous constituent     121-14-2
 Wastewaters
   Concentration     0.32
   Notes
 Nonwastewaters
   Concentration (mg/l)     140
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     2,6-Dinitrotoluene
 CAS number for regulate hazardous constituent     606-20-2
 Wastewaters
   Concentration     0.55
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Waste code     K117
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Ethylene dibromide
 CAS number for regulate hazardous constituent     106-93-4
 Wastewaters
   Concentration     0.028
   Notes
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Methyl bromide
 CAS number for regulate hazardous constituent     74-83-9
 Wastewaters
   Concentration     0.11
   Notes
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chloroform
 CAS number for regulate hazardous constituent     67-66-3
 Wastewaters
   Concentration     0.046
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Waste code     K118
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Ethylene dibromide
 CAS number for regulate hazardous constituent     106-93-4
 Wastewaters
   Concentration     0.028
   Notes
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Methyl bromide
 CAS number for regulate hazardous constituent     74-83-9
 Wastewaters
   Concentration     0.11
   Notes
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chloroform
 CAS number for regulate hazardous constituent     67-66-3
 Wastewaters
   Concentration     0.046
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Waste code     K131
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Methyl bromide
 CAS number for regulate hazardous constituent     74-83-9
 Wastewaters
   Concentration     0.11
   Notes
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Waste code     K132
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Methyl bromide
 CAS number for regulate hazardous constituent     74-83-9
 Wastewaters
   Concentration     0.11
   Notes
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Waste code     K136
 Commercial chemical name     NA
 See also
 Regulated hazardous constituent     Ethylene dibromide
 CAS number for regulate hazardous constituent     106-93-4
 Wastewaters
   Concentration     0.028
   Notes
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Methyl bromide
 CAS number for regulate hazardous constituent     74-83-9
 Wastewaters
   Concentration     0.11
   Notes
 Nonwastewaters
   Concentration (mg/l)     15
   Notes     ( fn 1 )

 Commercial chemical name
 See also
 Regulated hazardous constituent     Chloroform
 CAS number for regulate hazardous constituent     67-66-3
 Wastewaters
   Concentration     0.046
   Notes
 Nonwastewaters
   Concentration (mg/l)     5.6
   Notes     ( fn 1 )

 Waste code     U028
 Commercial chemical name     Bis(2-ethylhexyl) phthalate
 See also
 Regulated hazardous constituent     Bis(2-ethylhexyl) phthalate
 CAS number for regulate hazardous constituent     117-81-7
 Wastewaters
   Concentration     0.28
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )
 Waste code     U069
 Commercial chemical name     Di-n-butyl phthalate
 See also
 Regulated hazardous constituent     Di-n-butyl phthalate
 CAS number for regulate hazardous constituent     84-74-2
 Wastewaters
   Concentration     0.057
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Waste code     U088
 Commercial chemical name     Diethyl phthalate
 See also
 Regulated hazardous constituent     Diethyl phthalate
 CAS number for regulate hazardous constituent     84-66-2
 Wastewaters
   Concentration     0.2
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Waste code     U102
 Commercial chemical name     Dimethyl phthalate
 See also
 Regulated hazardous constituent     Dimethyl phthalate
 CAS number for regulate hazardous constituent     131-11-3
 Wastewaters
   Concentration     0.047
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Waste code     U107
 Commercial chemical name     Di-n-octyl phthalate
 See also
 Regulated hazardous constituent     Di-n-octyl phthalate
 CAS number for regulate hazardous constituent     117-84-0
 Wastewaters
   Concentration     0.017
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

 Waste code     U190
 Commercial chemical name     Phthalic anhydride (measured as
 Phthalic acid)
 See also
 Regulated hazardous constituent     Phthalic anhydride (measured
 as Phthalic acid)
 CAS number for regulate hazardous constituent     85-44-9
 Wastewaters
   Concentration     0.069
   Notes
 Nonwastewaters
   Concentration (mg/l)     28
   Notes     ( fn 1 )

  fn 1 Treatment standards for this organic constituent were
 established based upon incineration in units operated in
 accordance with the technical requirements of 40 CFR 264 Subpart
 O or Part 265 Subpart O, or based upon combustion in fuel
 substitution units operating in accordance with applicable
 technical requirements. A facility may certify compliance with
 these treatment standards according to provisions in 40 CFR
 Section 268.7.

  fn 2 Based on analysis of composite samples.

 * * * * * * *

 Note:NA means Not Applicable.

    38. In subpart D, Sec. 268.45 with Table 1 is added to read as follows:
Sec. 268.45 Treatment standards for hazardous debris.

    (a)Treatment  standards.Hazardous  debris must be treated prior to land
disposal  as  follows  unless EPA determines under Sec. 261.3(e)(2) of this
chapter  that  the debris is no longer contaminated with hazardous waste or
the  debris is treated to the waste-specific treatment standard provided in
this subpart for the waste contaminating the debris:
    (1)General.Hazardous  debris  must  be  treated  for each ''contaminant
subject  to  treatment'' defined by paragraph (b) of this section using the
technology or technologies identified in Table 1 of this section.

    (2)Characteristic    debris.Hazardous    debris   that   exhibits   the
characteristic of ignitability, corrosivity, or reactivity identified under
Secs.  261.21,  261.22,  and  261.23 of this chapter, respectively, must be
deactivated  by treatment using one of the technologies identified in Table
1 of this section.

    (3)Mixtures  of debris types.The treatment standards of Table 1 in this
section  must be achieved for each type of debris contained in a mixture of
debris types. If an immobilization technology is used in a treatment train,
it must be the last treatment technology used.

    (4)Mixtures  of  contaminant types.Debris that is contaminated with two
or more contaminants subject to treatment identified under paragraph (b) of
this  section  must  be  treated  for  each  contaminant  using one or more
treatment  technologies  identified  in  Table  1  of  this  section. If an
immobilization technology is used in a treatment train, it must be the last
treatment technology used.
    (5)Waste  PCBs.Hazardous  debris  that is also a waste PCB under 40 CFR
part  761  is  subject to the requirements of either 40 CFR part 761 or the
requirements of this section, whichever are more stringent.

    (b)Contaminants  subject  to treatment.Hazardous debris must be treated
for  each ''contaminant subject to treatment.'' The contaminants subject to
treatment must be determined as follows:

    (1)Toxicity characteristic debris.The contaminants subject to treatment
for debris that exhibits the Toxicity Characteristic (TC) by Sec. 261.24 of
this chapter are those EP constituents for which the debris exhibits the TC
toxicity characteristic.

    (2)Debris  contaminated  with  listed waste.The contaminants subject to
treatment  for  debris  that  is  contaminated  with  a  prohibited  listed
hazardous  waste  are  those  constituents  for  which  BDAT  standards are
established for the waste under Secs. 268.41 and 268.43.

    (3)Cyanide reactive debris.Hazardous debris that is reactive because of
cyanide must be treated for cyanide.

    (c)Conditioned  exclusion  of  treated debris.Hazardous debris that has
been   treated  using  one  of  the  specified  extraction  or  destruction
technologies  in  Table  1  of  this  section  and  that does not exhibit a
characteristic  of hazardous waste identified under subpart C, part 261, of
this  chapter  after  treatment  is  not  a hazardous waste and need not be
managed  in  a  subtitle  C  facility. Hazardous debris contaminated with a
listed  waste  that is treated by an immobilization technology specified in
Table 1 is a hazardous waste and must be managed in a subtitle C facility.

    (d)Treatment  residuals-(1)General  requirements.Except  as provided by
paragraphs (d)(2) and (d)(4) of this section:

    (i)Residue  from  the  treatment  of hazardous debris must be separated
from the treated debris using simple physical or mechanical means; and

    (ii)Residue  from  the  treatment of hazardous debris is subject to the
waste-specific  treatment  standards provided by subpart D of this part for
the waste contaminating the debris.

    (2)Nontoxic   debris.Residue   from   the  deactivation  of  ignitable,
corrosive,   or   reactive  characteristic  hazardous  debris  (other  than
cyanide-reactive)  that  is  not contaminated with a contaminant subject to
treatment  defined  by  paragraph  (b) of this section, must be deactivated
prior  to  land disposal and is not subject to the waste-specific treatment
standards of subpart D of this part.

    (3)Cyanide-reactive debris.Residue from the treatment of debris that is
reactive  because  of  cyanide  must meet the standards for D003 under Sec.
268.43.

    (4)Ignitable   nonwastewater  residue.Ignitable  nonwastewater  residue
containing  equal to or greater than 10% total organic carbon is subject to
the  technology-based standards for D001: ''Ignitable Liquids based on Sec.
261.21(a)(1)'' under Sec. 268.42.

    (5)Residue  from  spalling.Layers  of  debris  removed  by spalling are
hazardous  debris  that  remain  subject to the treatment standards of this
section.
 Table1.-Alternative Treatment Standards For Hazardous Debris fn 1

    A. Extraction Technologies:

 1. Physical Extraction

 a.Abrasive Blasting: Removal of contaminated debris surface
 layers using water and/or air pressure to propel a solid media
 (e.g., steel shot, aluminum oxide grit, plastic beads)
 Performance and/or design and operating standard     Glass,
 Metal, Plastic, Rubber: Treatment to a clean debris surface. fn 3
 , Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Removal of
 at least 0.6 cm of the surface layer; treatment to a clean debris
 surface. fn 3
 Contaminant restrictions fn 2     All Debris: None.

 b.Scarification, Grinding, and Planing: Process utilizing
 striking piston heads, saws, or rotating grinding wheels such
 that contaminated debris surface layers are removed
 Performance and/or design and operating standard     Same as
 above
 Contaminant restrictions fn 2     Same as above.

 c.Spalling: Drilling or chipping holes at appropriate locations
 and depth in the contaminated debris surface and applying a tool
 which exerts a force on the sides of those holes such that the
 surface layer is removed. The surface layer removed remains
 hazardous debris subject to the debris treatment standards
 Performance and/or design and operating standard     Same as
 above
 Contaminant restrictions fn 2     Same as above.

 d.Vibratory Finishing: Process utilizing scrubbing media,
 flushing fluid, and oscillating energy such that hazardous
 contaminants or contaminated debris surface layers are removed.
 fn 4
 Performance and/or design and operating standard     Same as
 above
 Contaminant restrictions fn 2     Same as above.

 e.High Pressure Steam and Water Sprays: Application of water or
 steam sprays of sufficient temperature, pressure, residence time,
 agitation, surfactants, and detergents to remove hazardous
 contaminants from debris surfaces or to remove contaminated
 debris surface layers
 Performance and/or design and operating standard     Same as
 above
 Contaminant restrictions fn 2     Same as above.

 2. Chemical Extraction
 a.Water Washing and Spraying: Application of water sprays or
 water baths of sufficient temperature, pressure, residence time,
 agitation, surfactants, acids, bases, and detergents to remove
 hazardous contaminants from debris surfaces and surface pores or
 to remove contaminated debris surface layers
 Performance and/or design and operating standard     All Debris:
 Treatment to a clean debris surface fn 3 ;, Brick, Cloth,
 Concrete, Paper, Pavement, Rock, Wood: Debris must be no more
 than 1.2 cm ( 1/2  inch) in one dimension (i.e., thickness limit,
 fn 5  except that this thickness limit may be waived under an
 ''Equivalent Technology'' approval under Sec. 268.42(b); fn 8
 debris surfaces must be in contact with water solution for at
 least 15 minutes
 Contaminant restrictions fn 2     Brick, Cloth, Concrete, Paper,
 Pavement, Rock, Wood: Contaminant must be soluble to at least 5%
 by weight in water solution or 5% by weight in emulsion; if
 debris is contaminated with a dioxin-listed waste, fn 6  an
 ''Equivalent Technology'' approval under Sec. 268.42(b) must be
 obtained. fn 8

 b.Liquid Phase Solvent Extraction: Removal of hazardous
 contaminants from debris surfaces and surface pores by applying a
 nonaqueous liquid or liquid solution which causes the hazardous
 contaminants to enter the liquid phase and be flushed away from
 the debris along with the liquid or liquid solution while using
 appropriate agitation, temperature, and residence time. fn 4
 Performance and/or design and operating standard     Same as
 above
 Contaminant restrictions fn 2     Brick, Cloth, Concrete, Paper,
 Pavement, Rock, Wood: Same as above, except that contaminant must
 be soluble to at least 5% by weight in the solvent.

 c.Vapor Phase Solvent Extraction: Application of an organic vapor
 using sufficient agitation, residence time, and temperature to
 cause hazardous contaminants on contaminated debris surfaces and
 surface pores to enter the vapor phase and be flushed away with
 the organic vapor. fn 4
 Performance and/or design and operating standard     Same as
 above, except that brick, cloth, concrete, paper, pavement, rock
 and wood surfaces must be in contact with the organic vapor for
 at least 60 minutes
 Contaminant restrictions fn 2     Same as above.

 3. Thermal Extraction

 a.High Temperature Metals Recovery: Application of sufficient
 heat, residence time, mixing, fluxing agents, and/or carbon in a
 smelting, melting, or refining furnace to separate metals from
 debris
 Performance and/or design and operating standard     For refining
 furnaces, treated debris must be separated from treatment
 residuals using simple physical or mechanical means, fn 9  and,
 prior to further treatment, such residuals must meet the waste-
 specific treatment standards for organic compounds in the waste
 contaminating the debris
 Contaminant restrictions fn 2     Debris contaminated with a
 dioxin-listed waste: fn 5  Obtain an ''Equivalent Technology''
 approval under Sec. 268.42(b). fn 8

 b.Thermal Desorption: Heating in an enclosed chamber under either
 oxidizing or nonoxidizing atmospheres at sufficient temperature
 and residence time to vaporize hazardous contaminants from
 contaminated surfaces and surface pores and to remove the
 contaminants from the heating chamber in a gaseous exhaust gas.
 fn 7
 Performance and/or design and operating standard     All Debris:
 Obtain an ''Equivalent Technology'' approval under Sec.
 268.42(b); fn 8  treated debris must be separated from treatment
 residuals using simple physical or mechanical means, fn 9  and,
 prior to further treatment, such residue must meet the waste-
 specific treatment standards for organic compounds in the waste
 contaminating the debris, Brick, Cloth, Concrete, Paper,
 Pavement, Rock, Wood: Debris must be no more than 10 cm (4
 inches) in one dimension (i.e., thickness limit), fn 5  except
 that this thickness limit may be waived under the ''Equivalent
 Technology'' approval
 Contaminant restrictions fn 2     All Debris: Metals other than
 mercury.

    B. Destruction Technologies:

 1.Biological Destruction (Biodegradation): Removal of hazardous
 contaminants from debris surfaces and surface pores in an aqueous
 solution and biodegration of organic or nonmetallic inorganic
 compounds (i.e., inorganics that contain phosphorus, nitrogen, or
 sulfur) in units operated under either aerobic or anaerobic
 conditions
 Performance and/or design and operating standard     All Debris:
 Obtain an ''Equivalent Technology'' approval under Sec.
 268.42(b); fn 8  treated debris must be separated from treatment
 residuals using simple physical or mechanical means, fn 9  and,
 prior to further treatment, such residue must meet the waste-
 specific treatment standards for organic compounds in the waste
 contaminating the debris, Brick, Cloth, Concrete, Paper,
 Pavement, Rock, Wood: Debris must be no more than 1.2 cm ( 1/2
 inch) in one dimension (i.e., thickness limit), fn 5  except that
 this thickness limit may be waived under the ''Equivalent
 Technology'' approval
 Contaminant restrictions fn 2     All Debris: Metal contaminants.

 2. Chemical Destruction

 a.Chemical Oxidation: Chemical or electolytic oxidation utilizing
 the following oxidation reagents (or waste reagents) or
 combination of reagents-(1) hypochlorite (e.g., bleach); (2)
 chlorine; (3) chlorine dioxide; (4) ozone or UV (ultraviolet
 light) assisted ozone; (5) peroxides; (6) persulfates; (7)
 perchlorates; (8) perman-ganates; and/or (9) other oxidizing
 reagents of equivalent destruction efficiency. fn 4  Chemical
 oxidation specifically includes what is referred to as alkaline
 chlorination
 Performance and/or design and operating standard     All Debris:
 Obtain an ''Equivalent Technology'' approval under Sec.
 268.42(b); fn 8  treated debris must be separated from treatment
 residuals using simple physical or mechanical means, fn 9  and,
 prior to further treatment, such residue must meet the waste-
 specific treatment standards for organic compounds in the waste
 contaminating the debris, Brick, Cloth, Concrete, Paper,
 Pavement, Rock, Wood: Debris must be no more than 1.2 cm ( 1/2
 inch) in one dimension (i.e., thickness limit), fn 5  except that
 this thickness limit may be waived under the ''Equivalent
 Technology'' approval
 Contaminant restrictions fn 2     All Debris: Metal contaminants.

 b.Chemical Reduction: Chemical reaction utilizing the following
 reducing reagents (or waste reagents) or combination of reagents:
 (1) sulfur dioxide; (2) sodium, potassium, or alkali salts of
 sulfites, bisulfites, and metabisulfites, and polyethylene
 glycols (e.g., NaPEG and KPEG); (3) sodium hydrosulfide; (4)
 ferrous salts; and/or (5) other reducing reagents of equivalent
 efficiency. fn 4
 Performance and/or design and operating standard     Same as
 above
 Contaminant restrictions fn 2     Same as above.

 3.Thermal Destruction: Treatment in an incinerator operating in
 accordance with Subpart O of Parts 264 or 265 of this chapter; a
 boiler or industrial furnace operating in accordance with Subpart
 H of Part 266 of this chapter, or other thermal treatment unit
 operated in accordance with Subpart X, Part 264 of this chapter,
 or Subpart P, Part 265 of this chapter, but excluding for
 purposes of these debris treatment standards Thermal Desorption
 units
 Performance and/or design and operating standard     Treated
 debris must be separated from treatment residuals using simple
 physical or mechanical means, fn 9  and, prior to further
 treatment, such residue must meet the waste-specific treatment
 standards for organic compounds in the waste contaminating the
 debris
 Contaminant restrictions fn 2     Brick, Concrete, Glass, Metal,
 Pavement, Rock, Metal: Metals other than mercury, except that
 there are no metal restrictions for vitrification., Debris
 contaminated with a dioxin-listed waste. fn 6  Obtain an
 ''Equivalent Technology'' approval under Sec. 268.42(b), fn 8
 except that this requirement does not apply to vitrification.

    C. Immobilization Technologies:

 1.Macroencapsulation: Application of surface coating materials
 such as polymeric organics (e.g., resins and plastics) or use of
 a jacket of inert inorganic materials to substantially reduce
 surface exposure to potential leaching media
 Performance and/or design and operating standard
 Encapsulating material must completely encapsulate debris and be
 resistant to degradation by the debris and its contaminants and
 materials into which it may come into contact after placement
 (leachate, other waste, microbes)
 Contaminant restrictions fn 2     None.

 2.Microencapsulation: Stabilization of the debris with the
 following reagents (or waste reagents) such that the leachability
 of the hazardous contaminants is reduced: (1) Portland cement; or
 (2) lime/pozzolans (e.g., fly ash and cement kiln dust). Reagents
 (e.g., iron salts, silicates, and clays) may be added to enhance
 the set/cure time and/or compressive strength, or to reduce the
 leachability of the hazardous constituents. fn 5
 Performance and/or design and operating standard     Leachability
 of the hazardous contaminants must be reduced
 Contaminant restrictions fn 2     None.

 3.Sealing: Application of an appropriate material which adheres
 tightly to the debris surface to avoid exposure of the surface to
 potential leaching media. When necessary to effectively seal the
 surface, sealing entails pretreatment of the debris surface to
 remove foreign matter and to clean and roughen the surface.
 Sealing materials include epoxy, silicone, and urethane
 compounds, but paint may not be used as a sealant
 Performance and/or design and operating standard     Sealing must
 avoid exposure of the debris surface to potential leaching media
 and sealant must be resistent to degradation by the debris and
 its contaminants and materials into which it may come into
 contact after placement (leachate, other waste, microbes)
 Contaminant restrictions fn 2     None.

  fn 1 Hazardous debris must be treated by either these standards
 or the waste-specific treatment standards for the waste
 contaminating the debris. The treatment standards must be met for
 each type of debris contained in a mixture of debris types,
 unless the debris is converted into treatment residue as a result
 of the treatment process. Debris treatment residuals are subject
 to the waste-specific treatment standards for the waste
 contaminating the debris.

  fn 2 Contaminant restriction means that the technology is not
 BDAT for that contaminant. If debris containing a restricted
 contaminant is treated by the technology, the contaminant must be
 subsequently treated by a technology for which it is not
 restricted in order to be land disposed (and excluded from
 Subtitle C regulation).

  fn 3 ''Clean debris surface'' means the surface, when viewed
 without magnification, shall be free of all visible contaminated
 soil and hazardous waste except that residual staining from soil
 and waste consisting of light shadows, slight streaks, or minor
 discolorations, and soil and waste in cracks, crevices, and pits
 may be present provided that such staining and waste and soil in
 cracks, crevices, and pits shall be limited to no more than 5% of
 each square inch of surface area.

  fn 4 Acids, solvents, and chemical reagents may react with some
 debris and contaminants to form hazardous compounds. For example,
 acid washing of cyanide-contaminated debris could result in the
 formation of hydrogen cyanide. Some acids may also react
 violently with some debris and contaminants, depending on the
 concentration of the acid and the type of debris and
 contaminants. Debris treaters should refer to the safety
 precautions specified in Material Safety Data Sheets for various
 acids to avoid applying an incompatible acid to a particular
 debris/contaminant combination. For example, concentrated
 sulfuric acid may react violently with certain organic compounds,
 such as acrylonitrile.

  fn 5 If reducing the particle size of debris to meet the
 treatment standards results in material that no longer meets the
 60 mm minimum particle size limit for debris, such material is
 subject to the waste-specific treatment standards for the waste
 contaminating the material, unless the debris has been cleaned
 and separated from contaminated soil and waste prior to size
 reduction. At a minimum, simple physical or mechanical means must
 be used to provide such cleaning and separation of nondebris
 materials to ensure that the debris surface is free of caked
 soil, waste, or other nondebris material.

  fn 6 Dioxin-listed wastes are EPA Hazardous Waste numbers FO20,
 FO21, FO22, FO23, FO26, and FO27.

  fn 7 Thermal desorption is distinguished from Thermal
 Destruction in that the primary purpose of Thermal Desorption is
 to volatilize contaminants and to remove them from the treatment
 chamber for subsequent destruction or other treatment.

  fn 8 The demonstration ''Equivalent Technology'' under Sec.
 268.42(b) must document that the technology treats contaminants
 subject to treatment to a level equivalent to that required by
 the performance and design and operating standards for other
 technologies in this table such that residual levels of hazardous
 contaminants will not pose a hazard to human health and the
 environment absent management controls.

  fn 9 Any soil, waste, and other nondebris material that remains
 on the debris surface (or remains mixed with the debris) after
 treatment is considered a treatment residual that must be
 separated from the debris using, at a minimum, simple physical or
 mechanical means. Examples of simple physical or mechanical means
 are vibratory or trommel screening or water washing. The debris
 surface need not be cleaned to a ''clean debris surface'' as
 defined in note 3 when separating treated debris from residue;
 rather, the surface must be free of caked soil, waste, or other
 nondebris material. Treatment residuals are subject to the waste-
 specific treatment standards for the waste contaminating the
 debris.

    39. In subpart D, Sec. 268.46 is added to read as follows:
Sec. 268.46 Alternative treatment standards based on HTMR.

    Table  1  identifies  alternative treatment standards for F006 and K062
nonwastewaters.
 Waste code     F006
 See also     Table CCWE in 268.41 and Table CCW in 268.43
 Regulated hazardous constituent     Antiomony
 CAS No. for regulated hazardous constituent     7440-36-0
 Nonwastewaters concentration (mg/1) TCLP     2.1

 See also
 Regulated hazardous constituent     Arsenic
 CAS No. for regulated hazardous constituent     7440-38-2
 Nonwastewaters concentration (mg/1) TCLP     0.055

 See also
 Regulated hazardous constituent     Barium
 CAS No. for regulated hazardous constituent     7440-39-3
 Nonwastewaters concentration (mg/1) TCLP     7.6

 See also
 Regulated hazardous constituent     Beryllium
 CAS No. for regulated hazardous constituent     7440-41-7
 Nonwastewaters concentration (mg/1) TCLP     0.014

 See also
 Regulated hazardous constituent     Cadmium
 CAS No. for regulated hazardous constituent     7440-43-9
 Nonwastewaters concentration (mg/1) TCLP     0.19

 See also
 Regulated hazardous constituent     Chromium (total)
 CAS No. for regulated hazardous constituent     7440-47-32
 Nonwastewaters concentration (mg/1) TCLP     0.33

 See also
 Regulated hazardous constituent     Cyanide (mg/kg) (total)
 CAS No. for regulated hazardous constituent     57-12-5
 Nonwastewaters concentration (mg/1) TCLP     1.8

 See also
 Regulated hazardous constituent     Lead
 CAS No. for regulated hazardous constituent     7439-92-1
 Nonwastewaters concentration (mg/1) TCLP     0.37

 See also
 Regulated hazardous constituent     Mercury
 CAS No. for regulated hazardous constituent     7439-97-6
 Nonwastewaters concentration (mg/1) TCLP     0.009

 See also
 Regulated hazardous constituent     Nickel
 CAS No. for regulated hazardous constituent     7440-02-0
 Nonwastewaters concentration (mg/1) TCLP     5.0
 See also
 Regulated hazardous constituent     Selenium
 CAS No. for regulated hazardous constituent     7782-49-2
 Nonwastewaters concentration (mg/1) TCLP     0.16

 See also
 Regulated hazardous constituent     Silver
 CAS No. for regulated hazardous constituent     7440-22-4
 Nonwastewaters concentration (mg/1) TCLP     0.30

 See also
 Regulated hazardous constituent     Thallium
 CAS No. for regulated hazardous constituent
 Nonwastewaters concentration (mg/1) TCLP     0.078

 See also
 Regulated hazardous constituent     Zinc
 CAS No. for regulated hazardous constituent     7440-66-6
 Nonwastewaters concentration (mg/1) TCLP     5.3

 Waste code     K062
 See also     Table CCWE in 268.41 and Table CCW in 268.43
 Regulated hazardous constituent     Antimony
 CAS No. for regulated hazardous constituent     7440-36-0
 Nonwastewaters concentration (mg/1) TCLP     2.1

 See also
 Regulated hazardous constituent     Arsenic
 CAS No. for regulated hazardous constituent     7440-38-2
 Nonwastewaters concentration (mg/1) TCLP     0.055

 See also
 Regulated hazardous constituent     Barium
 CAS No. for regulated hazardous constituent     7440-39-3
 Nonwastewaters concentration (mg/1) TCLP     7.6

 See also
 Regulated hazardous constituent     Beryllium
 CAS No. for regulated hazardous constituent     7440-41-7
 Nonwastewaters concentration (mg/1) TCLP     0.014

 See also
 Regulated hazardous constituent     Cadmium
 CAS No. for regulated hazardous constituent     7440-43-9
 Nonwastewaters concentration (mg/1) TCLP     0.19

 See also
 Regulated hazardous constituent     Chromium (total)
 CAS No. for regulated hazardous constituent     7440-47-32
 Nonwastewaters concentration (mg/1) TCLP     0.33

 See also
 Regulated hazardous constituent     Lean
 CAS No. for regulated hazardous constituent     7439-92-1
 Nonwastewaters concentration (mg/1) TCLP     0.37

 See also
 Regulated hazardous constituent     Mercury
 CAS No. for regulated hazardous constituent     7439-97-6
 Nonwastewaters concentration (mg/1) TCLP     0.009

 See also
 Regulated hazardous constituent     Nickel
 CAS No. for regulated hazardous constituent     7440-02-0
 Nonwastewaters concentration (mg/1) TCLP     5.0
 See also
 Regulated hazardous constituent     Selenium
 CAS No. for regulated hazardous constituent     7782-49-2
 Nonwastewaters concentration (mg/1) TCLP     0.16

 See also
 Regulated hazardous constituent     Silver
 CAS No. for regulated hazardous constituent     7440-22-4
 Nonwastewaters concentration (mg/1) TCLP     0.30

 See also
 Regulated hazardous constituent     Thallium
 CAS No. for regulated hazardous constituent
 Nonwastewaters concentration (mg/1) TCLP     0.078

 See also
 Regulated hazardous constituent     Zinc
 CAS No. for regulated hazardous constituent     7440-66-6
 Nonwastewaters concentration (mg/1) TCLP     5.3

    40.  In  Sec.  268.50,  paragraph  (a)(1)  and the introductory text of
paragraph (a)(2) are revised to read as follows:
Sec. 268.50 Prohibitions on storage of restricted wastes.

    (a)

    (1) A generator stores such wastes in tanks, containers, or containment
buildings  on-site  solely  for  the  purpose  of  the accumulation of such
quantities  of  hazardous waste as necessary to facilitate proper recovery,
treatment,  or disposal and the generator complies with the requirements in
Sec. 262.34 and parts 264 and 265 of this chapter.

    (2)  An  owner/operator  of  a  hazardous  waste treatment, storage, or
disposal  facility  stores such wastes in tanks, containers, or containment
buildings  solely for the purpose of the accumulation of such quantities of
hazardous  waste  as necessary to facilitate proper recovery, treatment, or
disposal and:

    41. In Part 268, appendix II is revised to read as follows:

Appendix  II-  Treatment  Standards  (As  Concentrations  in  the Treatment
Residual Extract)
    Note: The treatment standards for F001-F005 Spent Solvent Wastes appear
in Secs. 268.41, 268.42, 268.43.

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

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

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

    43. In Sec. 270.13, paragraph (n) is added to read as follows:
Sec. 270.13 Contents of Part A of the permit application.

    (n) For hazardous debris, a description of the debris category(ies) and
contaminant  category(ies)  to  be  treated,  stored, or disposed of at the
facility.

    44. In Sec. 270.14, paragraph (b)(2) is revised to read as follows:
Sec. 270.14 Contents of Part B: General requirements.

    (b)
    (2) Chemical and physical analyses of the hazardous waste and hazardous
debris  to  be  handled at the facility. At a minimum, these analyses shall
contain all the information which must be known to treat, store, or dispose
of the wastes properly in accordance with part 264 of this chapter.

    45.  In  Sec.  270.42,  paragraph  (e)(3)(ii)(B)  is revised to read as
follows:
Sec. 270.42 Permit modification at the request of the permittee.

    (e)

    (ii)

    (B)  To  allow  treatment  or  storage  in  tanks  or containers, or in
containment buildings in accordance with 40 CFR part 268;

    46.  In Sec. 270.42, appendix I is amended by adding entry 6 to section
I., and by adding new section M. to read as follows:
 Appendix I toSec. 270.42-Classification of Permit Modification

    I. Enclosed Waste Piles.
 Modifications     6. Conversion of an enclosed waste pile to a
 containment building unit
 Class     2

    M. Containment Buildings.

    1. Modification or addition of containment building units:

 a. Resulting in greater than 25% increase in the facility's
 containment building storage or treatment capacity
 Class     3

 b. Resulting in up to 25% increase in the facility's containment
 building storage or treatment capacity
 Class     2

 Modifications     2. Modification of a containment building unit
 or secondary containment system without increasing the capacity
 of the unit
 Class     2

    3. Replacement of a containment building with a containment
 building that meets the same design standards provided:

 a. The unit capacity is not increased
 Class     1

 b. The replacement containment building meets the same conditions
 in the permit
 Class     1

 Modifications     4. Modification of a containment building
 management practice
 Class     2

    5. Storage or treatment of different wastes in containment
 buildings:

 a. That require additional or different management practices
 Class     3

 b. That do not require additional or different management
 practices
 Class     2

    47. In Sec. 270.72, paragraph (b)(6) is revised to read as follows:
Sec. 270.72 Changes during interim status.

    (b)

    (6)  Changes  to  treat  or store, in tanks, containers, or containment
buildings,  hazardous  wastes subject to land disposal restrictions imposed
by  part  268  of  this  chapter  or  RCRA section 3004, provided that such
changes  are made solely for the purpose of complying with part 268 of this
chapter or RCRA section 3004.

PART 271- REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS

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

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

SUBPART A-Requirements for Final Authorization
    49.  Section  271.1(j)  is  amended  by adding the following entries to
Table  1  in  chronological  order  by  date  of  publication in theFederal
Register,  and  by adding the following entries to Table 2 in chronological
order by effective date to read as follows:
Sec. 271.1 Purpose and scope.
 Table1.-Regulations Implementing the Hazardous and Solid Waste
 Amendments of1984

 Promulgation date     August 18, 1992
 Title of regulation     Land disposal restrictions for newly
 listed wastes in Sec. 268.36 (b)-(g)
 Federal register reference      InsertFederal Register(FR) page
 number
 Effective date     June 30, 1992.

 Promulgation date     ......Do
 Title of regulation     Land disposal restrictions for newly
 listed wastes in Sec. 268.36(a), hazardous debris, and generic
 exclusion for K062 and F006 nonwaste-waters
 Federal register reference     ......Do
 Effective date     November 9, 1992.

    * * * * * * *
 Table2.-Self-Implementing Provisions of the Hazardous and Solid
 Waste Amendments of1984

 Effective date     June 30, 1992
 Self-implementing provision     Surface Impoundment Retrofit
 RCRA citation      InsertFederal Register(FR) page numbers
 Federal register reference     August 18, 1992, 57 FR  insert
 page numbers .

 Effective date     November 9, 1992
 Self-implementing provision     Prohibition on land disposal of
 hazardous debris and newly listed wastes
 RCRA citation     ......Do
 Federal register reference     August 18, 1992, 57 FR  insert
 page numbers .

 Effective date     February 18, 1993
 Self-implementing provision     Containment buildings
 RCRA citation     ......Do
 Federal register reference     August 18, 1992, 57 FR  insert
 page numbers .