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Citation: 45 Fed. Reg. 33083 1980

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## Monday May 19, 1980

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# Part III



# Environmental Protection Agency

Hazardous Waste Management System

Identification and Listing of Hazardous Waste I T

### 3Federal Register: / Vol. 45, No. 98 /Monday,;May 19, 1980 / Rules and Regulations,,

ENVIRONMENTAL PROTECTION ,AGENCY

40 CFR Part 261

[FRL 1471-3]

Hazardous Waste Management System: Identification and Listingof Hazardous Waste

AGENCY: Enviromental Protection Agency.

ACTION: Final rule, interim final rule, and request for comments.

SUMMARY: Subtitle C of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976,*as amended ("RCRA"), requires the Environmental Protection Agency ("EPA") to promulgate regulations establishing a Federal hazardous waste management system. The keystone ofSubtitle Cis Section 3a01, which requires EPA toidentify the. characteristics ofand to list those solid wasteswhich must bemanaged as hazardous wastes under that system.

This regulation is the firstphase of EPA's implementation ofSection 3001. It identifies four characteristics of hazardous waste tobe used by persons handling solid waste to determine ifthat waste is a hazardous waste.-In addition, itlists 85 process wastes as hazardous
wastes and approximately 400 chemicals as hazardous wastes ifthey

are discarded. Persons who generate, transport, treat, store or dispose of hazardous wastes identified orlisted in thisregulation must comply with all applicable requirements ofParts 122, 124, and 262 through 265 ofthis Chapter and the notification requirements of Section 3010 ofRCRA.

In addition to identifying and listing hazardous wastes, this regulation also
sets forth the criteria used by EPA to identify characteristics ofhazardous wastes-and to list hazardous wastes.

DATES:

Effective Date: These regulations, in the formpublished today, complete EPA's initial rulemaking on the subjects covered and are final agency action. They become effective on November 19, 1980, which is sixmonths from the date ofpromulgation as Section 3010 requires. Today's promulgation begins the various schedules provided by RCRA for filing notifications and permit applications, and for States to apply for interim authorization.

-CommentDates:EPA will accdpt public comments on these regulations as follows: Regulationand Deadline forSubmission ofComments
Final regulations-technical errors only

(e.g., typographical errorsi inaccurate

cross references); July 18, 1980. Use, re-use, recycling and reclamation of

wastes .(see section IV.B..ofthe preamble and 

### §261.4(c) ofthe regulations); August 18, 1980. Interim final regulations 

### (§§ 261.2,

261.4(a)(1),and 261.11, Subpart D and Appendix VIII); July 18, 1980. PublicMeetings:EPA willhold three all-day public meetings each beginning at 9 a.m. on the following dates: May 30,1980-San Francisco,

California. June 2, 1980--Washington, D.C. June 6, 1980-Chicago, Illinois. ADDRESSES: Comments on interim final portions should be sent to Docket Clerk [Docket No. 3001], Office ofSolid Waste (WH-562), U.S. Environmental Protection Agency, 401 MStreet, S.W., Washington, D.C. 20460.

Public Docket:The public docketfor thisregulation is located in Room 2711, U.S. Environmental Protection Agency, 401M Street, S.W., Washington, D.C., and is available for viewing from 9 a.m. to 4 p.m., Monday through Friday, excluding holidays. Among other things, the docket contains background documents which explain, in- more detail than thepreamble to thisregulation, the basis for many ofthe provisions'in this regulation.

Copiesof Regulations:Single copies of this regulation will be available approximately 30"days after date of publicationlrom EdCox, SolidWaste Information, U.S. Environmental Protection Agency, 26 W. Saint Clair Street, Cincinnati, Ohio 45268, (513) 684- 5362. Multiple copies will be available fiom the Superintendent ofDocuments, Washington, D.C. 20402.

Public Meetings:EPA will hold three al.l-day public meetings, each beginning
at 9 a.m., to answer questions about all ofits final and interim final Subtitle C regulations. The dates and locations of these meetings are: May 30, 1980-Sheraton Palace Hotel, 639 Market Place, San Francisco, California. June 2, 1980-HEW Auditorium, HEW

North Building, 330 Independence Avenue, S.W., Washington, D.C. June 6, 1980-Palmer House Hotel, 17

East Monroe Street, Chicago, Illinois.
FOR FURTHER INFORMATION CONTACT: Forgeneral information, contact Alan S. Corson, Office ofSolid Waste, U.S. "EnvironmentalProtection Agency, 401 M Street, S.W., Washington, D.C. 20460, (202) 755-9187. For information on implementation, contact: Region I,Dennis Huebner, Chief, Radiation, Waste Management Branch, John F.Kennedy Building, Boston, Massachusetts 02203 (617) 223-5777. Region II,Dr.Ernest Regna, Chief, Solid

Waste Branch, 26 Federal Plaza, New York, New York 10007, (212) 264-0504/ 5. Region Ill, Robert L. Allen, Chief,

Hazardous Materials Branch, 6th & Walnut Streets, Philadelphia, Pennsylvania 19106, (215) 597-0980, Region IV, James Scarbrough, Chief,

Residuals Management Branch, 345 Couraland Street, N.E., Atlanta, Georgia 30365, (404) 881-3010, Region V, KarlJ.Klepitsch, Jr., Chief,

Waste Management Branch, 230 South Dearborn Street, Chicago, Illinois 60604, (312) 886-6148. Region VI, R. Stan Jorgensen, Acting

Chief, SolidWaste Branch, 1201 Elm Street, FirstInternational Building, Dallas, Texas 75270, (214) 767-2645. Region VII, Robert L. Morby, Chief,

Hazardous Materials Branch, 324 E. lth Street, Kansas City, Missouri 64106, (816) 374-3307. Region VIII, Lawrence P. Gazda, Chief,

Waste Management Branch, 1860 Lincoln Street, Denver, Colorado 80203, (303) 837-2221. Region IX, Arnold R. Den, Chief,

Hazardous Materials Branch, 215 Fremont Street, San Francisqo, California 94105, (415) 556-4606. Region X, KennethD. Feigner, Chief,

Waste Management Branch, 1200 6th Avenue, Seattle, Washington 98101, (20B) 442-1260. For further information about these meetings, contact Geraldine Wyer, Public Participation Officer, Office of Solid Waste (WH-562), U.S. Environmeital Protection Agency, Washington, D.C. 20460, (202) 755-9157.

SUPPLEMENTARY INFORMATION:
I.Introduction

The improper management of hazardous waste is probably the most serious environmental problem in the United States today. EPA estimates that in 1979 the United States generated almost 60million metric tons of hazardous waste, but that only 10 percent ofthis waste was managed In

an environmentally sound manner. The remainder-over 50 million tons-was transported, treated, stored or disposed ofin a manner which potentially threatens human health and the environment.

This mismanagement has tragic consequences. EPA has on file hundreds ofcases of damage to human health or the environment resulting from the 17 i 33084Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

indiscriminate dumping or other improper management ofhazardous
waste.The vast majority ofthese cases involve the pollution ofgroundwaterthe source ofdrinking water for about halfthe nations's population-from the
open dumping ofwastes or from improperly operated landfills and surface impoundments. In many ofthese

cases, groundwater supplies were so badly contaminated with toxic or cancer-causing chemicals and heavy metals thatresidents in the areahad to obtain drinking water from other

sources. In other more tragic cases, residents were not aware ofthe. contamination, continued to drink the water, and suffered serious health effects.

Groundwater pollution is not the only problem posed by improper hazardous
waste management. EPA's damage case file also includes incidents where the improper disposal ofhazardous waste has polluted streams, rivers, lakes and other surface waters, killing aquatic life, destroying wildlife, and denuding areas ofvegetation. In other cases, the vaporization ofvolatile organic materials from wastes which were improperly disposed ofhas been linked
-torespiratory illnesses, skin diseases (including skin cancer) and elevated levels oftoxic materials in the blood and tissues ofhumans and domestic livestock. In still other cases, the mismanagement ofhazardous waste has resulted in fires, explosions or the generation oftoxic gases which have killed or seriously injured workers and firemen.

It is against the backdrop ofsuch incidents that Congress enacted the Resource Conservation and Recovery Act of1976, as amended, 42 U.S.C. 6901
etseq. ("RCRA" or "Act"). Although the Acthas several objectives (including the promotion ofresource recovery and the
proper management ofnon-hazardous solid waste), Congress' "overriding concern" -(H.R. Rep. No. 96-1461, 96th Cong., 1st Sess. 3 (1976) ("H.R. Rep.")) in enacting RCRA was to establish the statutory framework for a national system which would insure the proper management ofhazardous waste.

That framework is contained in Subtitle C of the statute. Itrequires EPA
to establish a Federal "cradle to grave" management system forhazardous waste, including standards for generators ofhazardous waste (Section 3002], standards for transporters of hazardous waste (Section 3003), standards and permit requirements for

owners and operators offacilities that treat, store or dispose ofhazardous
waste (Sections 3004 and 3005) and a manifest system which will track the
movement ofthe waste from the point of generation to the point ofdisposal (Sections 3002, 3003 and 3004). Under Section 3006of Subtitle C,EPA may authorize States to operate a State hazardous waste program in lieu ofthe Federal program ifthey meet certain requirements.

The centerpiece ofthis system is Section 3001 ofSubtitle C, which requires EPA to identify and listthose solid wastes which mustbe managed as hazardous wastes according to the standards established by EPA under Sections 3002 through 3005.This identification is a two-part process. First, EPA is required to develop criteria foridentifying the characteristics of hazardous waste and forlisting hazardous wastes (Section 3001(a)). Then, based on these criteria,EPA must actuallyidentify specific characteristics ofhazardous waste and list particular hazardous wastes (Section 3001(b)).

EPAbegan developing regulations to implement these requirements shortly afterRCRA was-enacted. During 1977 and 1978, the Agency met extensively with experts in hazardous waste management, States, Federal agencies, industry, environmental groups and other individuals and organizations to discuss possible criteria, and to obtain suggestions for characteristics and listed wastes. Drafts ofproposed regulations

were developed and widely disseminated to the public for comment. Based on these meetings, several public hearings, written comments on its draft regulations and information collected by EPA, a final proposed regulation was developed andpublished in the Federal Register onDecember 18,1978 (43FR 58949-58968). EPAheld five public hearings on its

The recodification ofEPA's Section 3001regulations from a Subpart ofPart 250to Part 261 has necessitated some major reorganization ofthose regulations. Proposed §250.10 is now largely incorporated in Subpart A. The purpose ofthis subpart is to tell the reader what materials are subject to the Federal hazardous waste management system established by Parts 262 through 265,122 and 124.It contains a definition ofsolid waste, a definition ofhazardous waste, and a list ofmaterials which are excluded from all or aportion ofthe requirements in those parts. It also designates the points in the waste December 18,1978, proposal (43FR 58.46). Several hundred persons testified at these hearings. In addition, EPA received an estimated 1,000 sets of written comments on its proposed Section 3001regulations.

Basedin part on these comments, EPA proposed a supplemental list of hazardous wastes on August22,1979 (44 FR49402-49404). The Agency also held a hearing on thisproposal and received a number ofwritten comments.

TheAgency has carefully considered the comments received on its December 18,1978, and August 22,1979.proposals.

as well as comments received on a number ofreports, studies and other documents associated with its Section 3001 rulemaking which were noticed for public comment after the close ofthe comment period on theproposed regulations,I in developing thefinal and interim final regulations published today.

H.Organization ofRegulations and Preamble

Inresponse to comment that its proposed Subtitle C regulations were difficult to read. EPA has totally reorganized them. Regulations implementing Section 3001, which were originally proposed as SubpartA ofPart 250 ofTitle40 ofthe Code ofFederal Regulations have been recodified as Part 261 ofTitle40. Similar changes have been made in theremainder ofthe Subtitle Cregulations. The following table shows the correlation between the statutoryprovisions ofSubtitle Cand the sections ofEPA's proposed and final regulations which implement those provisions:

generation andhandling process when a hazardous waste mustbegin to be managed in accordance withEPA's Parts262 through 265 standards and explains when a hazardous waste

ceases to be a hazardous waste. Finally, it establishes specialrequirements for small quantitygenerators ofhazardous waste (originally contained in §250.29(a) ofEPA's proposedgenerator standards).

$See 44 FR 4077.49278 (August22.1979]; 44 FR 56724 (October2.1979];44FR 7627 (December 28. 1979: 45 FR20W (January10.1980]: 45 FR1423Z (March 5.19m0]. Statuly Sechon PropoedMe Fal Mde

General p ilocad if 250,12(c). 250.11.25021.25031. 250A1 Pat260.

de&*k
3001

.. 250.10 (a) "d (b).25012 reough 250.15. 2502%a) -_ Pat261. 3009 if 250,229U0gh250.2.25029M) Partm2 3003 i 250H32 ough 250.36 Pat 263. 3004 (peit*V stnrds). H250A (a). (b). (d).

and (0).250.42 vough 2 44-6 Put 264. 3004 (intwrn stabs § 25040(c). 250.46 Part26&

stwnkrds).

3005 Pafts 122 nd 124. Pars 122 ad 124. 3006 Pat 123. H 250.10(c). 25020Mb). 250,30(d) Part 123. 3oo1 Pt 25. S~ E 45 FR 1274 (Feb. 2. 19803.

3308533086 Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 

## / Rules and Regulations
i'I

Subpart B (§§ 250.12 and 250.14 ofthe proposed rule) establishes the criteria used by EPA in identifying the characteristics ofhazardous waste and listing particular hazardous wastes. Subpart C (proposed §'250.13) contains the hazardous waste characteristics which EPA has identified and Subpart D (proposed § 250.14) the particular hazardous wastes which EPA has listed
to date based on those criteria. As noted

Except for some broad issues which cut across all theSection 3001' regulations (and in some cases EPA's Section 3002 through 3004 standards), the preamble to this regulation will generally follow the structure ofthe final regulations. It will discuss some of the more significant issues raised during the public comment period on EPA's proposed regulations and the revisions '
made in response to those comments. Background documents which address these comments and revisions and explain the.basis for these regulations in

more detail are available as noted above.

III. General Issues.

A. Phasingof Regulations Several months prior to the proposal ofEPA's Section 3001 regulations, the State of Illinois, several environmental
groups, and a solid waste trade association sued the Agency under Section 7004 ofRCRA to obtain a court order requiring EPA to promulgate final regulations under Section 3001 (and other sections ofthe Act) by a-date certain. On January 3, 1979, the court issued an order directing EPA to issue final regulations under Section 3001 by December 31, 1979. Stateof IllinoisV. Castle,12 ERC 1597 (D.D.C. 1979). This order was subsequently.modified to require EPA to use its best efforts to meet an April 1980, promulgation date (Order ofDecember 18, 1979).

Given our limited resources, ithas not in the definition ofhazardous waste in Subpart A, these two subparts are the cornerstone for the Federal hazardous waste management system because they identify which solid wastes will be regulated as hazardous wastes under' that system.

The following table provides a rough correlation between the various provisions ofEPA's proposed and final Section 3001 regilations:

been possible both to meet this deadline and tomake final decisions on every segmient ofthe very ambitious regulatory program which theAgency proposed on December 18, 1978, and, August 22,1979. We have tried to prioritize our &fforts,insofar,aspossible, to deal with the most serious environmental problems first (e.g., *ones that are national in scope, are not dealt with by other State orFederal regulations) and to finalize those portions ofthe proposed regulations whichi must be issued ifa core hazardous-waste management program is to go into effect.

For these reasons, the final regulation published today defers final action on a number ofaspects ofthe proposed regulation, including integrating the regulation ofpolychlorinated bijphenyls ("PCBs") under RCRA and the Toxic Substances Control Act ("TSCA"); fully regulating wastes that are fsed, re-used, reclaimed orrecovered: and a number of proposed listed wastes. To assist States in developing hazardous waste programs under Section 3006 ofRCRA and the regulated community in preparing to c6mply with future regulatory requirements, EPA is providing the following information on its current schedule for acting on these deferred portions:

1.PCBIntegration.On February 17, 1978 (43FR 7150)EPA issued final " regulations-under Section 6(e) ofTSCA establishing storage, landfilling, Subject Proposed rule Final rule

Purpose of regulations

..................... § 250.10(a)

........... ..................... . ................ §261.1. General definitions

............ 21.......... §250.

........... ..................... ............. ff 260.10, 261.2. 261.3 Dofinition of solid waste

................ §250. 0(b).................

..................... §261.2. Definition of hazardous waste

........ : §250.O(d)(1)

....................................... § 261.3. Exclusions

. ................... §§ 250.10(d)(2). 250. 1(a)(7). 250.20(c)(4)............

.......... §-261.4. Small quantity generators

........ §250.29(a)

.................... ... .......... § 261.5. Criteria..

............................ . .......... §§ 250.12 (a) and (b).250.14

............................. Subpart B. For identifyingcharacteristics. §250..2(a)

... ................................................ §261.10.

Chacteristics

. .............. §250.13

.. .......................-............. ........ Subpart C. gnitabiltdy..................... §250.13(a)

. ... . ...... ..................................... §261.21. Reaibiht,....

................ §5r.3c.........§201()..............

....................... .... .... ............. §261.23. Corrosivity

....................... § 250.13(b)

....... .......................................... § 261.22. Reactivity

......... ................... . .. .... ... . . ... . ..

....... . . §~ 261.23. Toxicity.

.. ... .... ... §250.13(d)

. ....... ..... ........... .... . . - ........... § 261.24. Usts

............................................ §250.14

............ ............ .... ....... ................ Subpart D. Nonspecific sources............ §250.14(a)

.......................... ..... ....... . ........ . ..... §261.31. Specific sources...............

.... §250.14(b)(2)

......................................................... §261.32. Discarded chemicals

............. §250.14(a)

.......................... § 261.33. Procedures forexempting listed §250.15...........................................

................. §260.20. 260.22.

wastes from particular generating facilities. Petitions: Revision of list and §250.12(c)

...... ........................... ..... .................. § 260.20.

characteristics. 2.- Equivalent methodst

........... §§ 25.13(a)(1)i, (a)(2), (b)(1)(, (b)(1}(), (od)(2)(ii)...... §§260.20, 260.21. 3. incineration, packaging, marking, placarding and recordkeeping requirements for waste PCBs. Revisions
to these regulations were published on May 31, 1979 (44 FR 31514). •

Because ofthe potential overlap between the RCRA hazardous waste management standards and the TSCA PCB marking and disposal regulations, in its proposed Section 3004 regulations, EPA requested comment onfive " alternative ways ofintegrating the two sets ofregulations (43 FR 58993-58994), See also43 FR 31539 (May31, 1979). Based on the comments received, and EPA's own review ofthe two sets of regulations, the Agency has made a tentative decision that the best way to regulate PCBs is to merge the TSCA PCB rules into the final RCRA regulations.

Unfortunately, it has not been possible to complete this task to date, Both rules are lengthy and complicated, and must be carefully coordinated to , avoid regulatory loopholes and disruption ofthe ongoing TSCA PCB
program. Completing this coordination by April of this year would have required diverting personnel from the task offinalizing the RCRA hazardous
waste program. EPA decided that it made little sense to focus its limited

resources on revising an existing regulatory progran when so much work needed to be done to develop a new

one.

EPA expects to complete the task of integrating the RCRA regulations and TSCA PCB rules by the fall of 1980, and
to amend Parts 261 through 265 to bring
waste PCBs into the Subtitle C system at the same time that itpromulgates its final Phase II Section 3004 standards. In the interim, the handling and disposal of
waste PCBs will continue to be regulated under TSCA and other EPA
statutes.

2.RegulationofWastes WhichAre Used, Re-Used,Recoveredor Reclaimed.As discussed in'some detail in section IV.B. ofthis preamble, EPA will be deferring the promulgation of standards to regulate hazardous waste recycling and reclamation operations and the actual use and re-use of hazardous waste until beginning in the fall of1980.

3. Radioactive Wastes. In its December 18, 1978, regulation, EPA proposed to list the following radioactive materials as hazardous
wastes: waste rock and overburden from uranium mining; overburden and slimes from phosphate surface mining;
waste gypsum from phosphoric acid production; and slag and fluid bed prIlls from elemental phosphorous production (§250.14(b)(2)). At the same time, it proposed to establish special management tandards for these wastesFederal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

which would regulate their disposal (§§250.46-2 and 250.46-4) and prevent theirbeing used as fill in land used for residential development or inbuilding products unless radon emissions and gamma radiation couldbe reduced to specified levels 

### (§§250.46-3(c) and 250.46-4(b)). The purpose ofthese latter

use restrictions was toreduce the amount ofradiation to whichpersons living orworking inbuildings constructed either on land where these wastes were deposited orwith materials containing these wastes would be exposed.

In February, 1980, the House of Representatives passed a bill which would amend RCRA to temporarily suspend EPA's authority toregulate these wastes under Subtitle C except as necessary:

to preventradiation exposure which presents an unreasonable risk tohuman health fromthe use in construction or land reclamation (withorwithout revegetation) of solid waste fromthe extraction, beneficiation

orprocessing ofphosphate rock or the extraction ofuranium ore (Section3(d) of H.R. 3994).

Because Congressional action on this provision is imminent (see section III.E. ofthispreamble), we are deferring the development offinal orinterim final regulations establishing a criterion for listingradioactive wastes, listing radioactive phosphate and uranium wastes, and establishing management standards forthose wastes until Congress has spoken. Assuming Congress acts by the end ofthe summer,
we would hopeto promulgate regulations forradioactive wastes by the fall of1980. This would give EPA sometime tobetter refine its final standards and conform them to any legislative amendments, to fully respond to comments on its proposal and to coordinate its final standards with its other regulations on used, re-used,

. recovered andreclaimed wastes (see section IV.B.4. ofthis preamble).

Although the use ofradioactive mining wastes in residential landfill and construction materials maypose a serious health hazard, this hazard is limited to approximately halfa dozen
states where these wastes are generated. Thus, in contrast with many ofthe wastes covered by today's regulation, which are more ubiquitous and are frequently transported across state lines, these wastes can probably be regulated effectively at the state level pending EPA action.

4.InfectiousWastes.Inits proposed regulation, EPA listed as hazardous wastes infectious wastes generated by certain departments in health care facilities and veterinary hospitals, by laboratories handling etiologic agents, and by sewage treatment facilities, unless the wastes were sterilized or incinerated in accordance with the methods prescribed in Appendix VI or §250.14(b)(1)(iii).

EPA received a number ofcomments

on this proposal, particularly the absence ofan infectious waste listing criterion, the breadth ofsources covered and the Agency's proposed treatment methods. Although EPA has completed its evaluation ofthese comments and has developed a criterion forlisting infectious wastes and refined its proposed list, it has notbeen able to complete the work necessary to identify the treatment methods itwould allow to be used to exempt these wastes from, regulation. Because logic dictates that these three parts of the regulation should be promulgated simultaneously, EPA is deferring action on infectious wastes until it can finish this last segment. Itexpects to complete thistask by the fall of 1980.

In the meantime, none ofthese wastes will go entirely unregulated. Many will be subject to Stale disposal regulations

or State laws governing hospitals and otherhealth care facilities. Because of public health considerations, the operations ofthese facilities are generally closely scrutinized by State and local officials. In addition, during this interim period, these wastes will be subject to the "open dumping" prohibition under Section4005(c) of RCRA. EPA's regulations defining those practices which constitute "open dumping" expressly prohibit the land disposal ofinfectious wastes unless

measures have been taken tominimize disease vectors (40CFR 257.3-6).

5. Other Listed Wastes.The other waste streams on which EPAhas deferred final action fall into fourbasic categories: Wastes which EPA intends to list as hazardous but for which revised background documents could notbe completed in time for promulgation as part ofthisregulation; wastes for which EPA currently has insufficient data to make afinal determination that the wastes are hazardous; wastes which available data suggests are nothazardous; and wastes which are no longerproduced.

It is EPA'sintent to amend this regulation to add most of the wastes included in the first category ofdeferred wastes by June 15, 1980 (see Appendix A) and the remainder by fall, 1980 (see Appendix B). Persons handling wastes identified or listed in both this regulation and Appendix Amay, ifthey desire, save themselves the expense and inconvenience ofa second notification under Section 3010 of RCRAby including Appendix A wastes in the notification required to be filed on August 18,1980. Owners and operators offacilities which treat, store or dispose ofthe wastes inboth categories may similarly avoid having to amend their PartApermit application (see40 CFR 122.22) by including Appendix Awastes in their initial application.

EPA will take action on the second category ofdeferred wastes-wastes for which EPA currently has insufficient data to make a final listing determination-as soon as it is able to obtain the information necessary to make those decisions. To enable the Agency togather such information without the expartecontact restraints, normally imposed onpost-proposal rulemaking activities, EPA willinthe future be reopening the comment period

on its December 18,1978, proposal-to list these wastes. EPA does notplan on taking any further action on the final two categories ofwastes.

EPA does notbelieve that phasing the promulgation ofSection 3001 in this fashion will frustrate the objectives of the statute or undulycomplicate implementation of thehazardous waste
program. Sections 2002(b), 3001(c) and 7002 ofthe Act clearly contemplate that regulations under Section 3001 willbe periodically expanded or otherwise revised. See alsoH.R. Rep. at25. The preview of the content and timing of future regulations provided above should help tominimize the disruption that phased promulgation ofmajor portions ofthe Section 3001 regulations might cause fortheregulated community and forStates which are attempting to formulate theirhazardous waste programs. In light ofthese considerations and the pressing need to begin implementation ofa national hazardous wasteprogram as soon as possible,EPA sees no reason to postpone publication ofthose portions ofits Section 3001 regulations which itis ready to finalize todaypending a final decision on the remainingportions. Such

an approach would cause an unwarranted delay in the
commencement oftheprogram.
B.InterimFinal Provisions The following portions ofthis regulation are being published as "interim final"regulations: thelists of hazardous wastes (Subpart D), the criteria for listinghazardous wastes (§261.11), and the definitions of"solid waste" (§261.2) and "domestic sewage" 

### (§281A(a)). This means that, although these regulations are promulgated for purposes ofthe 90-daynotification requirement under Section 3010(a). the six-month effective date under Section 3010(b) and the90-day petition deadline under Section 7006, thepublic will have

an additional opportunity to comment

on thembefore they arepublished as "final final" regulations.

The lists ofhazardous wastes under Subpart D arebeing published in interim final form to allow the public an opportunity to comment on the 33087Federal Register / Vol. 45, No. 98 

## ] Monday, May 19, 1980 / Rules and Regulations

additional data EPA has collected since the close ofthe public comment period
to support the listing ofthese wastes. Because EPA received comments ononly approximately twenty-five percent ofthe wastes listed in its December 18; 1978, and August 22, 1979, proposals; the Agency does not anticipate receiving very many comments on its revised. support documents orhaving tomake major dhanges in the listofwastespublished today before issuing a, "final final" regulation.,

The criteria for listing (§ 261.11) have been substantially revised in response.. to public comment. While EPA believes that these changes are a logical outgrowth ofthe public comment period, it also recognizes that they would probably benefit from the fine tuning that an additional round ofpublic comment would provide. For this
reason, the Agency is also publishing §261.11 in interim final form.

EPA's proposed definition of 'solid waste" has been clarified and a newdefinition of "domestic sewage" has been added inresponse topublic comment. Because ofthe difficulties inherent in devising workable broadly applicable definitions of these terms, and their potential regulatory impact,

we would like to obtain some additional
comment on them before publishing them in final form.

It isEPA's.intent to act on all interim final portions of these regulations prior. to the compliance date ofParts 262 and

- 263 and the effective date ofParts 264 and 265.
C. Data Base forRegulations EPA received anumber ofcomments

on its December 18, 1978, and-August 22, 1979,proposals urging it to postpone the promulgation offinal regulations under Section 3001 (andthe rest ofSubtitle C) until it could develop an extensive data base on hazardous waste characteristics and individual hazardous wastes, including extensive industry-specific waste studies, risk assessments, and indepth waste analyses.

In the final regulation published today, the Agency has made every attempt to base its rules on the data available on waste generation, composition and management, on the potential health and environmental hazards posed by waste constituents, and on exposure pathways. It has also exercised its best efforts to use-good scientific analysis andjudgment to supplement available data and to respond to comments ieceived on its proposed regulation. In some instances, within time and budget constraints, EPA has undertaken additional waste analyses and testing. '

While the acquisition ofmore information is often a scientific objective, Section 3001 requires the Agency to establishregulations where it has limited, but meaningful data. The broad discretion provided to EPA under the statute, the tight statutory promulgation deadlines coupled with Congress' acknowledged recognition of the lack ofavailable dataon hazardous waste management (seeM.,R.Rep. at 26), and tlhe critical nature ofthbkhazardous
waste problem (see H.R. Rep.,Qt 3,4,11, 17-23; S. Rep. No. 94-988; 94th Cong. 2d Sess. at 3,4 ("S. Rep.")] all support

- EPA'sgoing forward with a regulaibry

program even though its data base and -regilations are less than perfect..The courts have repeatedly-sancti6ned this. approach under other EPA statutes where, as here, theAgency is implementing a complex program in an
area "fraught with scientific uncertainty" where Congresshas directed EPA "to act quickly and decisively despite the lack ofexact data". WeyerhaeuserCompanyv. Costle,590 F.2d 1011i.1025-1026 (D.C. Cir.1978). See alsoEthyl Corp.v.EPA, 541 F.2d 1, 24 (D.C. Cir. 1976); Society of Plastics-Industries, Inc.-v. OSHA, 509 .- F.2d 1301,1308 (2d Cir.), cert.denied,421. U.S. 992 (1975).

We are committed to improving our data base for these regulations and refining them in the future. TheAgency has recently instituted a multi-year, multi-million dollar program to survey specific industries, and collect waste samples and other information which will expand its data base on the hazardous waste generated by these industries. EPA also anticipates that implementation of the Subtitle C regulations-particularly the waste testing requirements-will, over the next several years, substantially increase the national pool ofinformation on, hazardous wastes. Thepetitioning procedures set forth in §§ 260.20 through 260.22 should provide yet another

revenue ofinformation which canbe used to improve this regulation in the future.
D.DevelopingaNational Hazardous WasteManagement System
EPA received'a number ofcomments

on its proposed regulations identifying particular wastes ormanagement situations where a strict application of EPA's proposed regulations would result in overregulation ofthe wastes at issue. Forexampe. commenters identified several wastes which exhibited EPA's propised characteristics but which would notnormally be thought ofas hazardous, and described situations where the application ofEPA's proposed Section 3004 standards was arguably unnecessary.

In the regulations promulgated today, particularly the Part 264 and 265 regulations, we have tried to address

some of these criticisms, to the extent feasible, and to achieve a better balance between the often clompeting goals of regulatory specificity and broad applicability. Where we think specific standards are appropriate, we have promulgated specific standards: where

more flexibility is required, we have either usedbroader standards or used specific standards and articulated exceptions orprovided forindividual variances. We have done our best to lay the groundwork for a hazardous waste managernent system which is workable and understandable, and which provides appropriate regulation ofmost hazardous wastes identified brlisted in this Part.

This system may not work perfectly for every waste, however. It may overregulate in some instances and underregulate in others. This is an unavoidable consequence ofattempting to develop a national hazardous waste managment program which has to regulate thousands ofwastes in literally hundreds ofthousands ofindividual transportation, treatment, storage and disposal situtations. To develop a program which would provide precisely theright degree ofenvironmental and health protection in each management situation would require regulations that would be either so vague that they would offer little guidance to the regulated community and would be largely uienforceable or so extensive and so encumbered with provisions for case-by-case variances that they would be an administrative nightmare for both EPA and the hundreds ofthousands of persons and facilities which are potentially subject to them.

We think that the system we have promulgated today, although not perfect in all aspects, is within the scope of what Congiress intended when, in 1970, it diiected EPA to establish hazardous waste management standards which

were "necessary to protecthealth and the environment" in eighteen months, We do not think that Congress expected EPA to develop a program which it could not implement or enforce or to indefinitely postpone the issuance of regulations until it could develop standards which would provide the degree ofprecision desired by some commenters. Neither of these approaches would provide any health or environmental protection at all.

In these regulations we have tried to strike a balance between these two extremes. Where we have failed to achieve the right balpnce, we suspect that this will become apparent in the early stages of implementing the 

### 33088Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

program. If there are situations where a strict application ofthe standards contained in these rules would bring about a result which was obviously not intended, we would appreciate being advised ofit so that we can take appropriate action. We are prepared to react to these problems with regulatory amendments, interpretive guidance and reasonable implementation and enforcment, as appropriate.

E.Pending LegislativeAmendments
The United States Senate and House ofRepresentatives have each recently passed a bill to reauthorize and amend RCRA (S. 1156 and E-R. 3994]. Both bills contain amendments to Section 3001 which, ifenacted, would repeal or temporarily suspend EPA's authority to regulate certain utility and energy development wastes as hazardous wastes under Subtitle C. These bills are

now awaiting action by a conference committee. Because it appears likely that Congress will act before November 19, 1980 to exempt these wastes, EPAhas temporarily excluded them from thisregulation (see §261.4(b)]. This exclusion will be revised, ifnecessary, to conform to the legislation which is ultimately enacted.

F. Consideration of

EconomicImpactof theDevelopmentof theRegulations

In itsproposed regulations, EPA expressed uncertainty on the appropriate role that cost considerations and economic impact should play in the development ofthe hazardous waste regulations:

It is also not clear to what extentRCRA allows economic impact to be takeninto account, since the Act is silent on this point. Thus, the Agency is faced with the problem ofhow to dealwith these potential impacts, with little economic data andwithout clear Congressional guidance. (43FR 58971)

A variety ofcomments were received

on this issue, expressing three predominant themes: (a] The Act and its legislative history require the Agency to analyze its regulations in terms ofcosts and benefits: (b) the legislative materials preclude any consideration ofcosts in the development ofregulations; and, (c] EPAmust prepare an economic impact analysis.

EPAhas re-examined the legislative history ofRCRA. Although the legislative history is sparse, it does contain sufficient indications of Congressional intent to lead the Agency
to the conclusion that EPA may not consider cost burden upon industry in choosing the level ofits standards. The Agency may,however, take cost considerations in account in order to select the most effective regulation among various alternatives thatmeet the statutory requirement ofbeing "necessary to protect human health and the environment." In addition, the Agency may prepare economic analyses to supplement itsregulations as an aid to congressional, intergovernmental, or publicunderstanding of the regulatory program.

EPA disagrees with the position of several commenters that cost, or economic considerations more generally, mustbe a factor inEPA's decisions under Subtitle C.There is no explicit requirement in the Act directing EPA to consider costs in the development ofits intitial regulations. The singular focus ofprotecting human health and the environment distinguishes RCRA from the other major pollution control statutes.For example, in developing effluent guideline limitations under the Clean Water Act, the Administrator is to consider, among other things, "the total cost ofthe application oftechnology in relation to the the effluent reductions to be achieved..." Section 304(b)(1](B), 33 U.S.C. 1314(b)(1)(B). See alsoSection 304(b)(2)(B). The Clean AirAct also directs that in establishing new source performance standards forstationary

sources ofair pollution the Administrator should "consider the cost ofachieving such emission reduction and any nonair quality health and environmental impact and energy requirements." Section 111(a)(1](C, 42 U.S.C. 7211(a)(1)(C).

The silence ofthe statute itself appears especially significant because earlier drafts of the legislation had contained language which either explicitly called for considerations of cost or implicitly sanctioned such consideration. A draft bill foruse by the relevant House Subcommittee would have required thathazardous waste regulations "shall be such as will minimize the risk ofadverse effects on human health while taking to the greatest extent possible, into account the economic cost and benefits of achieving such standards." Section 351(e), Subcommittee on Transportation and Commerce, Draft of the SolidWaste Utilization Act (December 8,1975). When thisbill was redrafted for introduction to the House of Representatives as H.R. 14496, this provision calling for consideration of costs and benefits had been deleted. The House bill, however,required that hazardous wasteregulations "reasonably protect' human health and the environment. H.R. 14496,94th Cong., 2d Sess., §306 (1976). The legislative materials accompanying H.R. 14496 provided no guidance on what effect, if any, the draftsmen intended the potentially moderating phrase "reasonably protect' should have on the development ofregulations. In the compromise bill reconciling the differences between the Senate and House bills, the adverb "reasonably"

was deleted. In the debate in the House prior to the Act's passage there wasno discussion ofthe effect ofthis deletion

on the intended operation oftheAct.

Congress was aware that the hazardous waste regulation would impose substantial costs on the regulated community.See, e.g., H.R.Rep. at 4. S. Rep. at4. Despite this recognition, Congress deliberately rejected provisions thatwould require consideration ofcostburden onindustry

or tomoderate theAct's environmental objectives. For these reasons, the Agency concludes that the Act prohibits it from considering such costs inthe development ofSubtitle Cregulations as
a basis forlessening the standards it considers necessary to ensure protection ofhuman health or the environment.

The Agency has,however, considered cost-effectiveness in choosing among alternatives thatmeet therequirements ofthe statute.In addition, the Administrator may refer to other considerations such as energy or environmental impacts, and implementation and enforcement burdens. For instance, theinformation received ordeveloped in the course of rulemaking on the cost implications of itsproposed regulationsmay beusedby EPA to determine the relative costeffectiveness ofvarious methods to implement aparticular requirement. Information on economicimpacts may also be useful in informing Congress about the implementation ofthe hazardous waste program, developing

new legislative or Agency intitatives which mightaffect theregulatory program, and advising thepublic about the projected impacts oftheprogram. SeeHercules, Inc.v.Environmental Protection Agency,598 F.2d 91,113 (D.C.Cr.1978). EPA hasprepared an economic impact analysis on the entire Subtitle Cregulatory program. This analysis provides detailed information

on the projected economicimpacts of these regulations. The report should facilitate public understanding ofthe task that the Agency is undertaking.
G.RulemakingPetitions

EPA'sDecember 18,1978, proposed Section 3001regulations contained no special procedures for petitioning the Agency to identify a new characteristic

orlist a new hazardous waste, or to modifyor revoke an existing 33089Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 Rulei and Regulations

characteristic or listing.They simply provided that a petition to identify a characteristic or lista solid waste as a hazardous waste would be granted if EPA found that the proposed characteristic or waste met EPA's criteria for characteristics orlisting (proposed §250.12(c)).

EPA received a number ofcomments urging it to establish standardized procedures for the submission and processing ofpetitions to modify its characteristics orlist ofwastes. Some of these commenters simply wanted to know how to file a petition and how EPA would act on it. Others insisted that EPA establish rulemaking procedures which complied with the Administrative Procedures Act, mistakenly thinking that because proposed §250.12(c) did not articulate the procedures EPA would follow in acting onpetitions, the Agency would grant petitions, thereby modifyingitsregulations, withoutgoing through normal rulemaking procedures.

To provide the guidance desired by the first set ofcommenters and toassuage the concerns ofthe second, we have included in Subpart C ofPart 260 procedures for the submission and processing ofpetitiois'to add to, revoke

or otherwise modify any ofthe Subtitle Chazardous waste regulations, including the hazardous wastecharacteristics and lists.This provision expressly requires that a tentative decision to grant a petition be made in the form ofan advance notice of proposed rulemaking or a proposed regulation, thus starting therulemaking'
process.

EPA received a number ofcomments suggesting that unless EPA specified the information to be containedin petitions to amend its characteristics or lists of hazardous wastes, petitioners would not know what type ofdata to submit to the Agency and that the Agency would have to expend a substantial amount oftime reviewing incomplete petitions.

EPA agrees that this may have been a problem with itsproposed regulation. The Agency's proposed criteria for listing *ere not particularly wellarticulated. In addition, the background documents forcharacteristics and for individual wastes also failed, in some cases, to proyide meaningful guidance

as to the kinds ofinformation which should be submitted in a rulemaking petition.

We think we have remedied most of these deficiencies in this regulation.'In response to comment, we have substantially expanded the criteria for listing, so that the factors which EPA will be asingin making a listing decision

are much better stated. The background - documents for both the characteristics and lists have been materially upgraded,

so thatthey now provide agood model for rulemaking petitions..In short, we think theregulations published today, with their supporting materials, will enable petitioners to intelligently frame rulemaking petitions.'

. For this reason, EPA thinks it is probably unnecessary to establish detailed informational requiremefits for petitions. Moreover, developing a list of such requirements would be very difficult, because the types ofdata and degree ofdetail required will vary substantially from Waste to waste and from characteristic to characteristic. If, in thefuture, EPAfinds thatmost petitioners.are submitting insufficient information, we willreconsider establishing more specific data requirements for these petitions.

EPA recognizes that some organizations-primarily environmental groups-May nothave the skills,
resources, or data collection authority to fashion rulemaking petitions which contain all ofthe information which EPA willneed to make a decision to, 'establish anew characteristic orlist a
new waste. Ifsuchpetitions, although incomplete, appear to have merit,EPA will attempt to obtain the supplemental data necessary tomake a tentative rulemaking determination. These organizations should recognize, however, that this will necessarily delay any final action on their petitions.
IV. SubpartA.

A. Section261.1 (Purpose, Scope and Applicability)

Although this section is largely selfexplanatory, two points regarding the function ofEPA's Section 3001 regulation, which were apparently a'

source ofmisunderstanding during the comment period,,are deserving of special attention.

First, the purpose ofthisregulation is to identify those wastes which, because ofthe hazards they may pose in transportation, treatment, storage or disposal, should be subject to appropriate management requirements under Subtitle C.It does not dictate how wastes should be managed (although it mayidentify properties ofthe waste which will affect management practices).'Management standards and permitting requirements are imposed under Sections 3002 through 3005 and Section 3010.

Second, although this regulation limits what may be regulated as a "hazardous waste" under Sections 3002 through 3005 and 3010 ofRCRA, it does not limit those materials which maybe considered "hazardous wastes" under other sections ofthe statute, particularly Section 3007 (which authorizes EPA to obtain information on "hazardous waste" in order to develop regulations

or enforce RCRA) and Section 7003 (which authorizes the Agency to institute civil actions to abate imminent and substantial hazards caused by "hazardous wastes"). Unlike Sections
3002 through 3004 and Section 3010, Congress did not confine the operations ofSections 3007 and 7003 to "hazardous wastes identifiedorlistedunderthis subtitle" (emphasis added). To avoid future confusion on this point, EPA has stated it explicitly in §261.1(b).

B.Section261.2(Definitionof Solid Waste)

Because no material can be a "hazardous waste" without first being a "solid waste".(Section 1004(5)), what constitutes a "solid waste" is really the definitional starting point for the hazardous waste management system, Section 1004(27) ofRCRA defines a solid
waste as:
any garbage, refuse, sludge from a wastewater treatment plant, water supply treatmentplant or airpollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial ormining and agricultural operations, and from community activities, but do'esnotinclude solid or dissolved materials in domestic sewage, or solid ordissolved materials in Irrigation return flows,or industrialdischarges which

are point sources subject topermits under section 402 of theFederal Water Pollution Control Act.

. . or source, special nuclear, or byproduct material as defined by the Atomie Energy Act of 1954

... (Section 1004(27)),

Inits proposed regulations, EPA adopted this definition, with its exclusions, in its entirety 

### (§250.11(a)(7)). In addition, it proposed to construe the term "other discarded material" in Section 1004(27) toinclude: (1)Any material which is notre-usedi.e., is abandoned or committed to final disposal; (2)Any material which is re-used by

being placed in oron the land or water so that the material or any constituent thereofis released into the environment; and (3)Waste oil burned as fuel.

EPA noted that itwould add other

uses to the third category of discarded -materialsifit found that it was necessary to control such uses (43FR 58954).

This definition of "other discarded material" was based on four major considerations, First, after reviewing both the language and framework of 33090Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

RCRA and its legislative history,EPA concluded that Subtitle C was intended
to regulate hazardous wastes irrespective oftheir end use-i.e., regardless ofwhether they are committed to final disposal or intended
to be used,re-used, recycled or reclaimed.

Second, the Agency concluded that all hazardous wastes, regardless oftheir end use, may pose significant health and environmental hazards. Wastes that present ahazard in storage or transport arguably pose the same danger in storage or transport irrespective of whether they are destined fordisposal

orforuse, re-use, recycle orreclamation. Wastes which are used orre-used by being placed on the land-e.g., chemical-bearing sludges used as fertilizers, contaminated waste oil used

as a dust suppressant on roads and radioactive mining wastes used as residential land fill-may pose almost the same hazards as ifthey were simply dumped there. Wastes which are used, re-used, recycled orreclaimed in some other fashion, and the facilities which recycle orreclaim them, may also create serious health or environmental problems. For example, waste drums containing hazardous residues which

were used as municipal trash cans have injured children; waste solvent reclamation facilities have caused serious airpollution problems.

Third, EPA decided that excluding
wastes that are used, re-used, recycled

orreclaimed from the Subtitle C system would make the regulatory program largely unworkable and create a major regulatory loophole not intended by the Act. Without a manifest system (orits functional equivalent) there would be no way ofassuring that wastes which were intended to be used, re-used, recycled or reclaimed were infact delivered to their intended destination. Whether awaste

was subject to Subtitle C requirements would be based primarily on the intent of the person handling it.This would make the requirements difficult to enforce and theoretically allow wastes to move in and out ofthe hazardous
waste management system depending

on what the person then handling the
waste planned to do with it.

Finally, the Agency decided that, insofar as feasible, itsregulations should try to achieve a workable balance between the requirement in Subtitle C thathazardous waste be properly managed andRCRA's overall objective ofpromoting the use, re-use, recycling and reclamation ofwastes. The use, re-use, recycling and reclamation ofwastes not only helps
preserve valuable natural resources and reduces the environmental problems which stem from the exploitation of those resources, but, ifproperly conducted, may eliminate orreduce

some of the hazards associated with other types ofwaste management and alleviate the strain on national disposal capacity. For thisreason, EPA proposed to regulate only those uses and re-uses which couldreadily be expected topose significant health and environmental hazards.

EPA received a substantial number of comments on its proposed construction ofthe statutory definition of"solid waste" and "other discarded materials." Virtually all commenters agreed that the terms encompassed materials which

were destined for disposal. There was substantially less consensus onEPA's proposed regulation ofused, re-used, recycled orreclaimed wastes. Some commenters argued that EPAhad no authority under RCRA to regulate wastes which were used,re-used, recycled orreclaimed. Others contended that the Agency did have such authority and thatcomprehensive regulation of the use and recycling ofhazardous waste was essential to protect public health and the environment and tomake the hazardous waste management system workable. Still'other commenters claimed thatimposing stringent Subtitle Crequirements on waste use,re-use, recycling and recovery would discourage such activities, thwarting one ofthe primary objectives ofRCRA and further aggravating hazardous waste management problems.

1. Legal Authority toRegulate Wastes ThatAre Used, Re-used,Recycledor Recovered.Most commenters who challenged EPA's authority to regulate the use, re-use, recycling orreclamation ofwastes based their contention on the term "other discarded material" in the statutory definition of"solid waste". The common meaning ofthis term, they argued, wouldpreclude regulating as "solid waste" wastes which were not intended tobe "thrown away" or "abandoned" orwhich were of"no further use".

The United States Court ofAppeals for the D.C. Circuit has already rejected this argument in UnitedStatesBrewers' Association, Inc.v.EPA, 600 F.2d 974 (D.C. Cir. 1979), a lawsuit challenging a beverage container recycling guideline issued by EPA under Section 1008(a)(1) ofRCRA. The petitioners in that proceeding contended, inter alia,that beverage containers were not "solid waste" until "discarded" and therefore that EPA had no authority under Section 1008(a)(1) to issue solid waste management guidelines requiring that beverages be sold inreturnable containers, orthat a minimum deposit be charged on containers (to encourage theirreturn). The Court ofAppeals gave short shrift to this contention, noting that it:

flies squarely in theface of theexplicit definitioninthe statute. Section 1008(a) directs EPA to publish "suggested guidelines for solid waste management", which, as defined Insection 1004(30) expressly includes "planning ormanagement respecting resource recovery and resource conservation"... and "utilization ofrecovered resources" 1600 F.2d at 82-983].

We think the Court's conclusion is applicable to therest ofRCRA as well. It seems highly improbable that Congress would have intended the term "solid waste" to include recycled wastes under Section 1008(a)(1) butnotunder Subtitle C.Indeed, RCRA andits legislative history evidence a clear Congressional intent that the terms "solid waste" and "hazardous waste"
encompass wastes that areused, reused, recycled orrecovered wherever such terms are used in the statute.

For example. Section 1004 ofRCRA contains numerous definitionsincludingthe definition of"Hazardous Waste Management", thetitle of Subtitle C-which wouldbe self contradictory ifthe terms "solid waste" and "hazardous waste" did notinclude wastes which wereused, re-used, recycled or recovered. See,e.g., Sections 1004(7), (18)-(24). (29) and (34). The repeated references to resource recovery and conservation in the statute would be similarly meaningless ifsolid wastes

were neverrecycled, recovered or reclaimed. See,e.g., Sections 1002(c)(2] and (3). 1003(1) and (5)-8), 2003, 4002(c)(10), 4003(5) and (6), 4008(a][2](A) and (d), 5001. 5002 and 6002(c)--fg).

The legislative history ofRCRA further supports this construction ofthe terms "solid waste" and "discarded material". The report of'theHouse Committee on Interstate andForeign Commerce onRCRA, forexample, makes it clear that the term "discarded material" is meant to expand, notlimit, the commonmeaning ofthe term "solid waste" (H.R. Rep. at2]. Other references in the legislative history confirm that the term "discarded material" covers wastes which are being recycled (see, e.g., H.R.Rep.at 3,10). Several ofthe damage incidents cited by Congress as justification for establishing anational hazardous waste management system resulted fromrecycling orre-use activities (H.R.Rep. at17,19 and 22). Discussions ofresource conservation and recovery activities presume the existence of a solid waste from which valuable resources can be reclaimed. 330913 FeqderaJgegister 

### / Vpl.45, No. 98 J, Monday,! MayJ,_ 1980 

### / Rules and Regulations

See, e.g., H.R. Rep. at 3,4, 10, 11; S. Rep. at 2, 4, 6 (1976).

-Inshort,under RCRA solid wastes-do not cease tobe solid wastes simply • because they are being used, re-used, recycled orreclaimed. Rather, use, reuse,recycling, resource recovery and reclamation are ways ofmanaging solid wastes which, ifproperly conducted,

can avoid environmental hazards, protect scarce land supply, and reduce the nation's reliance on foreign energy and materials (H.R. Rep. at 4).

.

A number of commenters suggested that Congress could not have intended the term "solid waste" to include , hazardous wastes which are used, reused,recycled orreclaimed because the regulation ofsuch wasfes under Subtitle Cwould thwart RCRA's broad resource conservation and recovery objectives.

EPA does not agree. Although promoting waite re-use and i'ecovery is certainly-one ofthe goals ofRCRA, Subtitle C does notrequire EPA to considerresource recovery implications in establishing hazardous waste management standards; nor does it suggest that promoting'resource recovery should take precedence over assuring proper management of hazardous wastes. Furthermore, EPA does not agree thatfrustrating resource recovery is an inevitable result of

- requiring hazardous waste to be properly managed. As discussed below, EPA believes it may be possible to achieve a workable balance-between Subtitle C's mandate that hazardous wastes be handled in an environmentally sound manner and RCRA's overall objective ofencouraging thre-use andxeclamation ofwastes. However, in the -eventsuch a balance, ,cannot be achieved, Congress' "overriding'cocern"-the safe handling ofhazardous wastes (H.R.Rep. at 3)and the elimination of "the last remaining loophole" in environmental regulation (H.R. Rep. at4)-must prevail.

. 2. AssuringProper Managementof HazardousWasteandEncouraging ResourceRecovery.The comments which EPA received on its proposal to regulate the use,re-use, recycling and recovery ofhazardous waste in-many ways-mirrored the competing objectives which the Agency was trying to achieve in its proposal. Many commenters argued that EPA's approach would 'discourage the beneficial use and recycling ofhazardous wastes by so escalating the cost ofusing orrecycling wastes that they could no longer compete with virgin products, by increasing administrative burdens for the waste user orreclaimer, and by labeling recycling activities as another form of."hazardous waste" management. These commenters also suggested that the regulation ofwaste

uses and reclamation would pose serious practical problems-e.g., distinguishing between wastes and commercial by-products and intermediates, issuing permits for certain types ofre-uses-and that EPA's proposed Section 3004 standards were not-appropiate formany waste use and reclamation activities. Other commenters, citing the types of considerations outlined above, applauded EPA's regulation of the use aftd reclamation ofhazardous wastes and urged that its proposed list of regulated waste re-uses and recycling operations be expanded to include the reclamation ofwaste solvents, the' burning ofspent catalysts and other organic wastes for energy, the use of metal-bearing sludges as fertilizers, the

use ofwaste acids, and there-use of contaminated drums. Still other commenters suggested that, at a minimum, wastes destined for re-use, or reclamation be properly stored and manifested.

EPA does not agree with the largely unsubstantiated claims ofcommenters that controlling the use and recycling of hazardous waste willnecessarily discourage bona fide,environmentally sound re-use and reclamation activities. The impact ofEPA's regulations on waste use and recovery will,in the Agency'-opinion, hinge almost exclusively 6n therelative costs ofreuse versus disposal. As disposal costs. increase, it seems reasonable to expect that it willbecome profitable ormore profitable to recycle orre-use wastes (evenifregulated) than to dispose of them. EPA received no data during the comment period to suggest the contrary.

Commenters' claims about the chilling effect ofregulating recycle and re-use activities also seem somewhat exaggerated. In many cases, Federal or State regulation ofthese activities should legitimatize, not stigmatize, them in the eyes ofthe public and increase the flow ofwastes to well-operated facilities. Indeed, EPA received
comments from several waste recyclers urging the Agency to extend Subtitle C control to their operations for these very

reasons.

EPA does agree, however, that its proposed Section 3004 treatment and disposal standards (as well as the standaras promujgated today) may not be well-suited forregulating all hazardous wast6 recovery and reclamation facilities or forregulating all uses and re-uses ofhazardous waste. These standards aredesigned primarily tominimize the health and environmental hazards posed by traditional hazardous waste treatment and disposal facilities-such as incinerators and landfills. In many cases, the health and environmental dangers associated with the use orreuse ofhazardous waste or with the recycle and reclamation operations are different innature or degree, and therefore mayjustify the imposition of different management standards. For example, air emissions generated by the burning ofwaste oil for energy recovery
can probably be effectively controlled without requiring boilers to meet hazardous waste incinerator requirements. Similarly, the leaching of metals from slag used in roadbeds can probably be successfully minimized without requiring compliance with Section 3004 landfill criteria.

At the same time, EPA also concedes thatits proposed Section 3001 regulations probably did not go far enough in controlling the re-use and reclamation ofhazardous waste. For example, there are a number ofwaste recycling operations which were not covered by EPA's proposed regulatione.g., solvent reclamation-which havebeen known to cause serious health and environmental hazards and should be subject to Subtitle Cregulation, The long-term storage ofhazardous wastes prior to recycling is another area where there have been damage incidents (e.g,, the incident at the Silresim Chemical Company) and where Subtitle Ccontrols would appear to be essential for environmental protection.

In short,EPA acknowledges that it couldhave done a better job in its proposed regulations of attempting to balance Subtitle C's mandate that hazardous wastes be properly managed withRCRA's overall objective of promoting resoutce recovery. Aswe discovered during the comment period, however, this is not an easy task, and given other priorities in developing .the regulations promulgated today, we have onlybeen able to complete the first phase ofit to date, That first phase, as well as EPA's long term plans for regulating the use, re-use, recycling and reclamation ofhazardous wastes are discussed in sections IV.B.3. and IV.B.4., respectively, ofthis preamble. As indicated in those sections, we believe this program, when completed, will be responsive to the two major deficiencies in EPA's proposed regulation Identified above.

3.RegulatingtheStorageand Transportation of

HazardousWastes Prior to Use,Re-use,Recycling or Reclamation; Defining "Waste". As discussed above, EPA generally agrees ................................ II"' ll'i i 

### ,,+33 092Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

that many ofits proposed (andfinal) treatment and disposal standards were notparticularly well-suited for hazardous waste recycling and reclamation operations or foruses and

re-uses ofhazardous wastes.Because of the need to resolve other, more pressing issues in the rulepublished today, we have not been able to formulate more appropriate standards to date.We are therefore deferring Subtitle Cregulation ofthe actual use and re-use of hazardous wastes and hazardous waste recycling and reclamation activities until such standards can be developed (§261.6(a)). As noted in section IV.B.4.,

wehope to begin issuing those standards laterthis year.

This temporary deferral, it should be noted, is confined to bonafide "legitimate" and "beneficial" uses and recycling ofhazardous wastes. Sham

uses and recovery orreclamation activities--eg., "landfilling" or "land reclamation" which is actually disposal and burning organic wastes that have little orno heatvalue in industrial boilers under the guise ofenergy recovery-are not within its scope and, ifconducted in violation ofSubtitle C requirements, willbe subject to enforcement under Section 3008 of RCRA. Inenforcing this provision,EPA willbe particularly suspicious ofuse, and reclamation operations which were.. not conducted priorto the publication of these regulations.

We do not thinkthat the types of criticisms which have been made of EPA's proposal to apply its treatment and disposal standards to the use, reuse,recycling andreclamation of hazardous waste are applicable to those regulations which govern waste

-. management prior to actual use, re-use,

recycling orreclamation-i.e., the standards forgenerators, transporters and owners and operators ofstorage facilities. Diring these stages ofthe waste handling process, wastes present essentially the same hazards, and should therefore require essentially the

same management, irrespective of whether they are destined for disposal

orfor re-use and recycling.

EPAhas concluded, therefore, that although we are not nowprepared to issue standards regulating the actual
use, re-use, recycling and reclamation of hazardous wastes, we can and should begin to control the transportation and storage ofwastes prior to use,re-use, recycling andreclamation, and that the general management standards set forth inParts 262, 263 and selected sections of Parts 264 and 265 are entirely appropriate for that purpose.

The decision to regulate hazardous waste use andrecycling necessitates the development ofa working definition of "waste" which can appropriately distinguish between "wastes" and other materials (such as products and chemical intermediates) for purposes of determining whether theiruse is subject to RCRA'sjurisdiction. Indeed, many commenters criticized EPA forfailing to clearly distinguish between wastes and other materials in its proposed regulations and suggested language or conceptual approaches which they contended would draw that distinction.

We have carefully reviewed these suggestions; most,however, were not very useful. For example, a number of commenters suggested that the line of demarcation between a "waste" and othermaterials was whether a substance had value. This definition makes no sense in the context ofrecycle and re-use activities, since a waste which is beingre-used or recycledby definition "has value". See HR. Rep. at 3. Definitions keyed to whether a waste has a commercial useraise similar problems.

Other commenters contended that the properinquiry was whether a material

was "historically reused" orwas "sometimes discarded". We think thisis dmuch more productive line ofanalysis and is more consistent with the language and legislative history of RCRA and the purposes ofSubtitle C.

Areview ofboth RCRA and its legislative history indicate that Congress intended to regulate fourbroad categories ofmaterials as solidwastes -underRCRA, andparticularly Subtitle C,irrespective oftheir ultimate disposition.The common thread linking all these materials is that they are "sometimes discarded." Because they

are "sometimes discarded." theynot onlyfall within the general rubric "waste", but also may become part of the "discarded materials disposal problem" (HR. Rep. at 2)which Congress sought toremedy under RCRA. Proper tracking and management of thesematerials under Subtitle C would

assure that they did notbecome part of this problem because they would be either properly disposed oforproperly used orreclaimed.

The first category ofmaterials which

are regulated as "wastes" under RCRA

are "garbage, refuse (and) sludge" (Section 1004(27)). These materials are almost always thrown away, and it is -clear from both Section 1004(27) of the

statute and its legislative history (H.R. Rep. at 2-4; S. Rep. at 5)that Congress regarded them as "wastes" regardless of their intended end use.

Ofthose materials which arenot garbage,refuse or sludge, it also seems clear that any material which is intended to be or is in fact thrown away, abandoned ordestroyed is a "waste." As noted above, there appears to be no disagreement among commenters on this point and ofcourse it is fully supported by the legislative history ofRCRA.

Of those materials which do notfall intoeither ofthese two categories-! e., materials other than garbage, refuse or sludge which are (orare intended tobe) used, re-used, recycled orreclafined-it appears that there are two types of substances which Congress intended to be regulated as "wastes" under RCRA.

Thefirst &e materials like waste solvents, paint wastes, waste acids, used drums and waste oil. These are what Congress referred to in the legislative history as "post-consumer wastes" orwastes which have "served their intended purpose" (HR.Rep. at 2 and 9). While acknowledging that some of thesepost-consumr wastes might be recycled (seeER.Rep. at 3,10), Congress alsorecognized that they were sometimes discarded, and therefore

were "wastes" (seeHR.Rep. at 9-10).

The second are tars, residues, slags and other materials which are incidentally generated as part ofa manufacturing ormining process.A majorconcern ofCongress in enacting RCRA was to assureregulation of"the waste by-products ofthe nation's manufacturing processes" (HR.Rep. at 2)and "the by-products ofthe productive process" (H.R.Rep. at 9). There is nothing in thelegislative history which suggeststhat these terms refer only to theby-products ofpollution control.Indeed, even the definition of sludgein Section 1004(26A) indicates Congress was notsimply concerned aboutwastewater treatment slurries and sludges and emission control dusts, but also materials having "similar characteristics and effects". The term "similar characteristics" would suggest that such materials not only contain similar types ofsubstances but,like pollution control sludges and dusts,are also incidentally produced as a result of industrial processes; the term "similar

.. effects" implies that such materials, like wastewater and emission control sludges, are also sometimes discarded in waysthatpose environmental problems.

EPA has incorporated these concepts into a definition of"solid waste" in §281.2. This term is defined to include "garbage", "refuse", "sludge" and "other waste material" (§261.2(a)). "Other waste material" is in turn defined as (i] materials which are discarded (orstored

or accumulated for that purpose], (ii] materials which have servedtheir original intendedpurpose and are sometimes discarded and (iii) materials which areincidentally generated during 3309333094 Tederal Register 

### I Vol. 45, No. 98 [ Monday, .May 19; 1980 / Rules and Regulations "

manufacturing or mining operations and

are sometimes discarded (§ 261.2(b)). This latter category ofmaterials expressly excludes primary products and product intermediates (§261.2(d)).,

We are fairly confident that this definition will properly differentiatebetween "wastes" and other material with respect to those particular solid,
wastes thathave been listed as hazardous wastes in Subpart D. In developing Subpart D, EPA has been careful to list only those materials that

are either sludges, usedmaterials which

are typically discarded (e.g., spent solvents) or manufa6turing by-products which_ are typically discarded (e.g., distillation residues). We have triad to, avoid listing materials that are always used formanufacturing other products, because we believe that those are actually product intermediates, not wastes. Given the complexity ofmany manufacturing operations, however, it is possible that we might have erred in a, few cases and.we urge the public to bring these to our attention.

We are somewhat less confident that

our defirrition-of solid waste, particularly its inclusion ofused materials and by-products, will work fo all the materials which mightexhibit the Subtitle C characteristics. For this

reason, we are at the present time confining our regulation ofthe storage and transporthtion ofwastes prior to
use,re-use, recycling andreclamation to sludges, wastes listed in Subpart D and
waste mixtures containing wastes listed in Subpart D (§ 261.6(b)). As discussed above, we are fairly sure that all these materials are "wastes" whose use',reuse, recycling and reclamation is subjecl
to jurisdiction under RCRA.

As noted in Section III.B., the definition of "solid waste" is being issued as an interim final regulation. We

are expressly soliciting comment on whether its application to unlisted materials (aswell as listed Wastes) leads to absurd results, and, ifso, what these situations are and how they might be remedied by specificrevisions to §261.2.

4. RegulatingtheActtial Use,Re-Use, RecyclingandReclamationof HazardousWastes. Ong approach to, regulating the use, re-use, recycling and reclamation ofhazardous wastes which

a number ofcommenters suggested and which EPA is cbonsidering very seriously is waste-specific, use-specific management standards. This approach would help avoid the problems, discussed above, of attemptingrto apply standards which are designed to deal with'traditional waste disposal and
treatment operations, such as landfills,
to re-use and recycle activities. EPA intends to begin issuing such standards in the fall of1980. In some'
cases, these standards may require full orpartial compliance-with existing Subtitle C requirements; in others, they
may include a special set of requirements,(to be established in Part 266) which have been developed for a particular hazardous waste use or recovery operation. Using this regulatory approach, we believe we can not 6nly better tailor Subtitle C " management standards to the health and environmental hazards posed by

use and recycling activities but also achieve a betterbalance between RCRA's dual goals ofprotecting human health and the environment and promoting resource conservation and
recovery.

In the fall of 1980, we expect to start dealing with the following hazardous wasteuseuand recovery operations:

Waste Use or Recovery

Spent solvents listed in Reclamation

SubpartD. Burning as a fuel Radioactive uranium mining Land recanmation

and phosphate mining and Use in buildingproducts processing wastes. WasteI.

.... Road oiling and use in other land applications

' ,Burning as a fuel, Reclaiming and re-refining Residues from the production Burning as a fuel

of

chlorinated hydrocarbons.

These operations were identified by
commenters as being among those which posed the most serious potential health.or environmental hazards and/or were'the mostubiquitous. EPA agrees, and therefore willbegin establishing standards for these activities first.

At a later date, possiblyby the fall of 1981, we intend to address the re-use and recycling.ofother hazardous wastes, including but not limited to the following:

Waste ,Use orRecovery

Residues from the production of Burning as a fuel organic chemidalslisted in SubpartD .(other:thari chlorinated hydrocarbons).,

Activated cron used to treat Regeneration

hazardous wastes. Wastewater and

-air emission Fertilizers and soil

treatment sludges listed in Sub- , conditioners part D. Other useson the land

Eventually,EPA hopes to regulate the
use, re-use, recycling and-reclamation of all hazardous'wastes'listed in Subpart D which are known to be used, re-used or recycled. Our plans for Extending regulatbry coverage to unlisted hazardous wastes are'less certain at this time because we do not have a good inventory ofthese wastes. As data are collected thirough the Section 3010 notification and annual reporting under Parts 262, 264 and 265, we hope to develop a more specific plan for regulating the use and recycling of these
wastes.

EPA is anxious to obtainpublic
comment on this approach. We specifically invite comments on the following questions:

1. Are there other hazardous.wastes, particularly wastes listed in Subpart D, that should be placed on the above lists and given priority?

2. Are the above-listed wastes used or recycled in other ways that require .regulation? If so, what types of regulatory controls would be appropriate?

3. Is there any reason not to prohibit the land disposal of spent solvents listed in Subpart D and require that they be reclaimed or destroyed? Is it necessary to manifest these wastes to assure that they are delivered to reclamation or treatment facilities? Can such facilities be effectively regulated by rule-i.e., without individual permits?

4. Can the radiation hazards posed by radioactive mining wastes and phosphate mining and processing
wastes be adequately controlled by (a) prohibiting the use ofthese Wastes in residential construction and (b) imposing a few simple requirements on the use ofthese wastes as fill for land where habitable structures might be built?

5. Can facilities which burn waste oil

as a fuel or reclaim orrefine waste oil be adequately regulated by rule-i.e., without individual permits? Is there any

reason not to prohibit the use of waste oil for road oiling, dust suppression and other land (and water) applications?

6. Should full Subtitle C standards be applied to the use, re-use, recycling and reclamation ofresidues from the production ofchlorinated hydrocarbons? From the production ofother organic chemicals? Ifnot, for what residues and

uses should special standards be applied andwhat should those standards be?

7. Should full Subtitle C standards be applied to the regeneration of activated carbon? Ifnot, what standards should be applied?

8. Can sites where waste treatment sludges are used as fertilizers, as soil conditioners or in other land applications be effectively regulated by rule-I.e., without individual permits?

In each of the foregoing areas of inquiry, EPA would appreciate the submissiori of any relevant facts and data. Unsubstantiated opinions are generally not very helpful to us in coming to grips with these types of issues. On the other hand, information

on the quantity ofwaste which is'usedFederal Register / Vol. 45, No. 98 / Monday. May 19, 1980 / Rules and Regulations

orrecycled, management practices, environmental emissions that attend use

orrecycling, health and environmental effects resulting from use andrecycling and other specific data are veryuseful.

We-also invite commenters to submit specificproposed standards or suggestions forhow standards might be developed. For example, where wastes might be burned as a supplemental fuel in industrial boilers, proposals on fuel ratios, burning temperatures, emission control requirements and residue disposal requirements would be useful. Obviously, the more specific and constructive the suggestions, the morehelpful they willbe in our rulemaking.

C. Section261.3 (Definition of HazardousWaste)

This section is a new provision which does not have a direct counterpart in the proposed regulations. It has been added for purposes ofclarification and in
response to questions raised during the
comment period'concerning waste mixtures and whenhazardous wastes become subject to and cease to be subject to the Subtitle C hazardous
waste management system.

If amaterial is ahazardous waste within the meaning ofthis section it
must be managed in accordance with EPA's Part 262 through 265 standards and itsPart 122 through 124 permitting requirements unless covered by one of the exclusions in those regulations or

one ofthe Part 261 special management provisions (§§ 261.5 and 261.6).

1. Whatis a HazardousWaste? Paragraph (a)of this section defines what a hazardous waste is. It provides that a solid waste is a hazardous waste ifit is not excluded under § 261.4(b) and it either (1) is listed as a hazardous
waste in Subpart D. (2) is a waste mixture containing one or more hazardous wastes listed in SubpartD or (3)exhibits one or more characteristics ofhazardous waste identified in Subpart C. A listed waste or a solid waste mixture containing a listed waste which isgenerated by a particular facility may be excluded under the rulemaking procedures prescribed in §§ 260.20 and 260.22 (see section VIIl.C., below). In that event,it will be considered a hazardous waste only ifit exhibits one

or more of the characteristics.

Except for waste mixtures, all these provisions were contained inEPA's December 18, 1978 proposal (see §§ 250.10 (b) and (d)(2), 250.13 and 250.14). The waste mixtures provision is

a clarification which has been added in response to inquiries about whether mixtures ofhazardous and nonhazardous wastes would be subject
to Subtitle C requirements. This is a very real issue inreal-world waste management, since many hazardous
wastes are mixed with non-hazardous wastes orother hazardous wastes during storage, treatment, ordisposal.

Although it was not expressly stated in the proposed regulation. EPA intended waste mixtures containing listed hazardous wastes to be considered a hazardous waste and managed accordingly. Without such a rule, generators could evade Subtitle C requirements simply by commingling listed wastes with nonhazardous solid waste. Most ofthese waste mixtures would not be caught by the Subpart C characteristics because they would contain wastes which were listed for

reasons other than that they exhibit the characteristics (e.g., they contain carcinogens, mutagens or toxic organic materials). Obviously, this would leave

a major loophole in the Subtitle C management system and create inconsistencies in how wastes mustbe managed under that system.

EPArecognizes that designating all waste mixtures containing listed wastes

as hazardous wastes under Subtitle C may create some inequities. For example, this approach may result in

some waste mixtures which contain only very small amounts oflisted hazardous wastes or which commingle waste in a way which renders them nonhazardous (e.g., neutraliiation) having to be managed under Subtitle C. We have tried to address thisproblem by establishing provisions foramending thisparagraph to exclude waste mixtures produced by individual facilities, ifthey can show that the mixture (oreach constituent listed hazardous waste) isnot hazardous, based on the criteria for which the consistuent hazardous wastes were listed. Because this is a rulemaking procedure, itwill, as a practical matter. only be useful forfacilities which routinely mixwastes in relatively constant proportions. With a regulated community potentially numbering in the hundreds ofthousands, we simply do not have the resources toprocess petitions for exempting "one-shot" waste mixtures. Moreover, in most of these one-time cases, it seems likely that the burden ofhaving to manage a waste mixture as a hazardous waste could be easily avoided by carefully segregating hazardous and non-hazardous waste.

We know ofno other effective regulatory mechanism for dealing with waste mixtures containing listed hazardous wastes. Because the potential combinations oflisted wastes and other wastes are infinite, we have been unable to devise any workable, broadly. applicable formula which would distinguish between those waste mixtures which are and are not hazardous. Ifany members ofthe public have suggestions for other approaches,

we would appreciate having them brought to our attention forfuture rulemaking.

Waste mixtures containing only wastes which meet the characteristics

are treatedjust like any other solid wastei.e., they willbe considered hazardous only ifthey exhibit the characteristics. EPA recognizes that this may not be an altogether satisfactory regulatory approach. While it would no doubt encourage some desirable mixing ofwastes, it would also allow some wastes (principallywastes caught by EPA's extraction procedure) to escape regulation merely bybeing mixed with otherwastes orother materials.We know ofno solution to this problem which does not create major inconsistencies in the way wastes are determined to be hazardous under Subpart C ofthisregulation. Again, if the public has suggestions forother ways ofdealing with this issue,we would like toreceive them.

2. WhenDoesa WasteBecome a HazardousWaste?Paragraph (b) provides three simple rulesfor determining when a solid waste becomes a hazardous waste and therefore mustbe managed under Subtitle C.Ithas been provided in response tocomment requesting clarification on this issue.

Paragraph (b) states that a solid waste which is a hazardous waste because itis listed in Subpart D mustbegin to be managed as a hazardous wastewhen it first meets the Subpart D listing description. Most ofthehazardous wastes listedin §§ 261.31 and 261.32 of Subpart D are process residues, emission control dusts, orwastewater treatment sludges, and thepoint in time when they are created is generally welldefined. For those used materials which

are listed as hazardous wastes inthose sections or §261.33 (e.g., spent solvents), the point at which they meetthe listing description is somewhat less welldefined, butgenerally occurs when their intended usehas ceased, and theybegin to be accumulated or stored for disposal,

re-use or reclamation.

In the case of awaste mixture containing alistedhazardous waste, paragraph (b)requires that the waste mixture be managed as a hazardous waste as soon as the listed waste is added to it. The listed waste, ofcourse, must be handled as a hazardous waste prior to thattime.

Finally, paragraph (b)provides that a solid waste is a hazardous waste 3309J5FFederal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

whenever it exhibits one or more ofthe characteristics. As a practical matter, this means that persons handling solid wastes must determine whether they meet the characteristics whenever the management ofthe solid wastes would potentially be subject to EPA'sPart 262 through 265 regulations.

The following examples illustrate how this provision would operate inpractice:

* The ABC Company stores waste acid on-site in cofitainers prior to transport off-site for disposal. The company must determine whether the acid meets Subpart C characteristics, when it is poured into the containers.

o The DEF Company pipes waste acid into a tank, where it is neutralized by adding lime. The company must determine whether the acid meets Subpart Ccharacteristics when it enters the neutralization tank. The neutralization operation is a treatment process. The GHI Company pipes waste acid into a tank truck fortransport to an offsite treatment facility. The company must determine whether the acid meets Subpa;t Ccharacteristics when it enters the tank truck.

* The JKLCompany produces a wastewater which is piped into a surface impoundment, for the purposes oftreatment priorto point-source discharge into surface waters. During treatment a sludge forms. This sludge is periodically dredged from the impoundment and disposed of.The company must determine (1] whether the wastewater meets Subpart C characteristics when it enters the impoundment and (2] whether the sludge meets Subpart C characteristics when itbegins to accumulate on the bottom ofthe impoundment.

In drafting paragraph (b), EPA has attempted to cover the most common types ofwaste generation and, management scenarios. The Agency recognizes, however, that some companies may generate and handle wastes-in ways not contemplated by EPA and for which a strict application of paragraph (b) wouldmake no sense. We would appreciate having those instances brought to our attention so that we can decide whether additional rulenraking or issuing guidance is appropriate for dealing with these situations.

3. When DoesaHazardousWaste Ceaseto be.aHazardous Waste?

. Paragraphs (c) and (d) ofthis section explain when a hazardous waste ceases tobe a hazardous waste and therefore is

no longer subject to Subtitle C requirements. These are new provisions. which have been added both in response to comment and as a logical outgrowth ofparagraph (b). Paragraph (c) provides that a hazardous waste remains a hazardous
waste unless and until (1) it does not exhibit any ofthe characteristics o identified in Subpart C and (2) where the waste is listed in Subpart D (oris a mixture containing a waste listed in Subpart D), the waste (oreach ofits constitutent listed wastes) is also excluded from paragraph (c) under the rulemaking procedures outlined in §§ 260.20 and 260.22. As a-practical matter, this meang-that facilities which store, dispose ofor treat hazardous
waste must be considered hazardous
waste management facilities for as long

as they continue to contain hazardous
waste and that any wastes re'moved from such facilities-including spills, dis'charges or leaks-must bemanaged

as hazardous wastes.

EPA believes this is a very reasonable and rational rule. Wastes are typically stored forrelatively short periods of time. Although solids in the waste-may settle and the volume ofthe waste may be reduced by evaporation during this period, major chemical orbiological changes affecting the hazardous character of the waste are unlikely to

occur. Hazardous wastes which are disposed ofin a landfill are more likely
to undergo change (principally through leaching and anaerobic degradation), but pnly very slowly and over a long period oftime.

Hazardous wastes placed in treatment facilities (including incinerators, surface. impourldments and land treatment facilities) will, by definition, change character. However, treatment does not necessarily "render tal waste nonhazardous" (Section 1004(34)). It may only make it "amenable for recovery, amenable for storage or reduced in volume"; or it may only eliminate one ofseveral hazardous properties. Moreover, even in those

cases where treatment does ultimately render a waste "nonhazardous", the
waste will generally have been hazardous during part or all ofthe
treatment process.

Paragraph (c) establishes a similar rule with respect to solid wastes' generated by storage, disposal and treatment-including leachate and
treatment residues such as sludges and incinerator ash. Here, too, it is reasonable to assume that these wastes, which are derived from hazardous wastes, are themselves hazardous.

Leachate is produced by the percolation ofliquid through-wastes; it typically contains solubilized heavy metals and organic materials and is virtually always highly toxic. Treatment residues, by definition, contain waste constituents which'were removed during treatment or which were not completely destroyed by treatment. Sludges from wastewater treatment typically contain concentrated amounts ofthe toxic substances which were in the wastewater. Ash from the incineration ofhazardous wastes often contains heavy metals and, ifcombustion is not complete, undestroyed toxic organic materials.

This is the best regulatory approach

we can devise at this time for dealing with solid wastes generated by hazardous waste management facilities, We are not now in a position to prescribe waste-specific treatment standards which would identify those processes which do and do not render wastes or treatment residues nonhazardous. To listtreatment residues on case-by-case basis would be

an enormous job, and one ivhich we think, given the reasons outlined above, is unnecessary.

This approach obviously is not without deficiencies. For example, one effect oftreating wastes containing synthetic organic materials may be to create new hazardous constituents in the waste or treatment residue. This regulation obviously does not deal with those new constituents. It also does not

cover run-offfrom hazardous waste facilities on the theory that the water in precipitation run-offin many cases may not have had sufficient contact with the waste to solubilize waste constituents. (Ofcourse ifcollected, run-offwould be

a solid waste and, ifit exhibited any of the characteristics, would have to be managed as a hazardous waste). For purposes offuture rulemaking, we would be interested in any suggestions the public has for dealing with these issues.
D.Section261.4(Exclusions)

EPA's proposed Section 3001 regulations identified a number of wastes which would not be subject to Subtitle Crequirements because they

were either excluded from the statutory definition ofsolid waste (§250.11(a)(7)), not intended by Congress to be regulated under Subtitle C (§250.10(d)(2) (i) and (ii)), or subject to regulation under otherEPA statutes (§ 250.10(d)(2)(iii)).

EPAreceived a number ofcomments

on these proposed exclusions. Some commenters simply urged EPA to clarify which wastes were covered by each of the exclusions. Others challenged EPA's justification for some ofits proposed exclusions. Still others contended that additional wastes should be exempted fromregulation based on legislative history or an alleged lack of demonstrated harm to human health or the environment. 33096Federal Register / Vol. 45, No. 98 / Monday. May 19, 1980 / Rules and Regulations

The exclusions contained in § 261.4

are based on interpretations ofthe statutory definition of "solid waste" and

on those parts ofRCRA's legislative history which indicate a Congressional intent that certain waste streams should
not be regulated. Some commenters suggested that certain waste streams would never be hazardous and therefore should be excluded from these regulations. Those commenters did not, however, provide sufficient information

on which EPA could base such sweeping determinations. Generators of solid
wastes that are not hazardous may determine that their wastes are non- hazardous under these regulations. As these regulations are implemented more information willbe developed about specific waste streams. EPA will then be in abetter position to make categorical judgments about the lack ofrisk presented by certain wastes. At this time, however, EPA has limited the exclusions in § 261.4 to those which are based on expressed Congressional intent.

The following is a discussion ofthe specific exclusions contained in § 261.4:

1. Domestic Sewage.In defining "solid waste" Section 1004(27) specifically excludes "solid or dissolved material in domestic sewage." The proposed regulation did not specifically define "domestic sewage", but did contain provisions that were based on an interpretation ofthat term. Section 250.40(c)(3) ofthe proposed regulation exempted owners and operators of POTW's from all portions ofthe Section 3004 standards except those involving the manifest system, recordkeeping and reporting with respect to hazardous
wastes received by truck orrail. As described in the preamble to the proposed regulation, that decision was based on the idea that the mixing of a hazardous waste with domestic sewage made the entire mixture a domestic
sewage excluded under Section 1004(27].

Cominmenters raised several objections
to this approach. First, commenters argued that the only basis for an exclusion under Section 3004 is one based on health or environmental risk rather than public ownership. Second,
commenters argued that some POTW's will handle significant quantities of hazardous waste and that such facilities present the same environmental risks as private facilities that treat, store or dispose ofhazardous waste. Third, some commenters merely argued that if POTW's are excluded because they handle a significant portion ofdomestic
sewage, other private parties that handle wastes of a similar mix should be excluded also. Fourth, a commenter said that the proposed regulation did not clearly indicate whether a POTW could

ever be subject to Subtitle Cjurisdiction ifit only treated industrial waste.

The term "domestic sewage" generally denotes sanitary wastes that pass through a sewer system.A waste stream comprised entirely ofsanitary waste, that passes through a sewer system is "domestic sewage" under any reasonable interpretation of the statutory exemption. This exemption applies regardless ofwhether the sewer system or the treatment works to which itconnects ispublicly orprivately owned.

A more difficult question is presented when pure sanitary wastes are mixed with other types ofwastes in a sewer system. The issue ofwhether such mixed waste streams are within RCRA's jurisdiction has broad implications and thusit is necessary to carefully consider the Congressional purpose behind the exemption.

The legislative history ofRCRA does not specifically address the exemption because it was a carry-over from the Solid Waste Disposal AcL which RCRA amended. The "domestic sewage" exemption first appeared in the definition of"solid waste" found in the SolidWaste Disposal Act of1965. The legislative history ofthat act indicates that the exemption was based on a recommendation, made to the Congress by the Administration, that "organic solids in untreated domestic sewage" be excluded from coverage because such wastes were already subject tocontrols under the Federal Water Pollution Control Act (FWPCA). At that time, the portion of the FWPCA that addressed "untreated sewage" was the Federal construction grant program, which gave money to States and municipalities to construct treatment works and to study combined sewer systems.

This legislative history suggests a Congressional intent that the scope of the "domestic sewage" exemption must depend, in part, on the capacity ofthe Agency's construction grants program to address the environmental problems arising from any exempted waste streams. At the time the exemption was enacted, and under the present Clean Water Act, the Agency has grant programs that assist states and localities in the treatment ofsanitary sewage by POTW's.

EPA believes that the Congressional policy reflected in the legislative history ofthe "domestic sewage" exemption should guide the Agency in its regulation ofmixtures ofsanitary waste with other waste streams. Mixed wastd streams thatpass through sewer systems to publicly-owned treatment works (POTW's)will be subject to controls under the Clean Water Act.The Agency's construction grants program provides financial assistance for the proper treatment of thesewastes. In addition the Agency's pretreatment program provides a basis forEPA and the local communities to insure that

users ofsewer and treatment systems do not dump wastes into the system that will present environmental problems. Under these circumstances EPA believes that it is appropriate to include within the "domestic sewage" exemption mixtures ofsanitary wastes and other wastes that pass to POTW's. Since the treatment of sewage by privately-owned treatment works isnot similarly controlled through the Agency's constructiongrant and pretreatment program, the exemption would notbe available for mixed waste streams going to such treatment works.

The "domestic sewage" exemption is only applicable tonon-domestic wastes thatmix with sanitary wastes in a sewer system leading to a POTW.An industrial waste stream thatnever mixes with sanitary wastes in thesewer prior to treatment or storage does not fall within the exemption, regardless of the public orprivate ownership ofthe treatmentworks. Defining the pointat which "mixture" occurs may seem to be

a relatively straightforward task. Practical problems arise,however, in defining the point atwhich mixture of sanitary and other wastes occurs in a complex sewer system.Moreover itis particularly difficult to define this point forregulatory purposes in such a way that all parties understand when RCRA obligations begin and end.

EPAhas, therefore, decided that a waste falls within the domestic sewage exemption when it first enters a sewer system thatwill mix it with sanitary wastes prior to storage or treatment by a POTW. EPArecognizes thatthis interpretation brings various wastes within the exemptionbefore they are actually mixed with sanitary wastes. In light ofthe fact thatthe wastes willbe mixed priorto treatment and that the mixture willbe properly treated by the POTW, EPAbelieves thatthe needfor administrative clarity in thisotherwise complicated regulatory program warrants such an approach.

In response to the comments on the exclusion ofPOTW's fromSection 3004 standards, EPA has changed these regulations to make clear that the statutory exemption is one for "domestic sewage" ratherthan POTW's. Facilities receiving waste streams that are exclusively made up ofsanitary wastes will notbe subject to these'regulations 33097Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

regardless of the public orprivate ownership ofthe facility. Likewise a POTW receiving industrial wastes that do-not mix with sanitary wastes prior to treatment would be handling a solid waste subject to these regulations.

The,exclusion ofdomestic sewage and mixtures that pass through sewer systems to POTW's is based on Congressional intent,'not anAgency determination about the'relative health and environmental risks presented by such waste streams. The Agency acknowledges-that somemixtures of domestic sewage with other wastes may present environmental risks and that

some non-domestic Wastes may have properties similar to these ofexempted domesticwastes. Inresponse EPA can only assume that such factors were not determinative in the Congress' creation ofthe exclusion.

The proposed regulation did not contain a specific definition ofdomestic sewage. EPA believes that the definition ofdomestic sewage, and the provision relating tomixtures of wastes with domestic sewage, contained in these regulations is a reasonable interpretation ofRCRA's statutory language and legislative history. The Agency has decided, however, to

- promulgate this part .ofthe regulation as interim final in order to gain the benefit ofpublic comment on the concepts involved. The Agency considered several options for defining domestic sewage and classifying mixtures ofsuch sewage with other wastes. Those options included:

(1)Defining "domestic sewage" to include all wastes mixed with sanitary wastes;

(2) Limiting the exemption to only sanitary wastes, treating any mixture of sanitary wa'stes and other wastes as solid wastes;

(3)Defining "domestic sewage" as any waste made up primarily (i.e.more than 50%by volume) ofsanitary waste streams; and

(4] Linking the exemption for mixtures
to those that flowed into a "publiclyserving" or "constructed-to-serve-thepublic" treatment works,rather than POTW's. The Agency is interested in comments

on these options and the selected approach, as well as any other suggested interpretations ofthe provision. Commenters should recognize that the Agency's selected approach is based on an interpretation of Congressional intent. The Agency is interested generally in comments about the impact ofthis approach onregulated parties, but it particularly seeks comment on how such effects relate to the Congressional purpose ofthe exemption expressed in RCRA's legislative history.

These regulations, then, define domestic sewage as untreated sanitary
wastes that pass through a sewer system. Such wastes are excluded from regulation as solid wastes under these regulations. In addition mixtures of
wastes with domestic sewage thatpass through a sewer system to a publiclyowned treatment works fortreatment

are also excluded from regulation as solid wastes. I

2. Industrial PointSourceDischarges. The statutory definition of "solid waste" in Section 1004(27) ofRCRA excludes' "solid or dissolved materials in... industrial discharges which are p6int

sources subject to permits under Section 402 of the Federal Water Pollution Control Act". Iji its proposed regulations, EPA construed this phrase
to include only actual discharges into navigable waters, not industrial
wastewaters upstream from the point of discharge. The effect ofthis interpretation was to require surfaceimpoundments, tanks, lagoois, holding ponds and other facilities used to treat

or store hazardous industrial

- wastewater to meet Section 3004 standards and to obtain a Section 3005 permit. See43 FR 58993 and proposed §§ 250.45-3 and 250.45-4.

The application ofSubtitle C requirements to wastewater treatment impoundments was one of the most controversial aspects ofEPA's proposed hazardous waste regulations. Most of commenters' objections to EPA's proposal as they pertain to Section 3004 interim status requirements are discussed in the preamble to the Section 3004 regulations published elsewhere in today's Federal Register. The only one addressed here is commenters' argument that the "industrial discharge" exclusion. in Section 1004(27) refers to the entire
wastewater stream, not simply the point

source discharge, and that EPA therefore has no authority under RCRA
to regulate industrial wastewater holding or treatment facilities.

This contention is not supported by either the plain language ofthe statute.

or its legislative history. The obvious
purpose ofthe industrial point source discharge exclusion in Section 1004(27)

was to avoid duplicative regulation of. point source discharges under RCRA. and the Clean Wat6r Act. Without such

a provision, the discharge ofwastewater into navigable waters would be "disposal" of solid waste, and potentially subject to regulation under both the Clean Water Act and Subtitle C. These considerations do not apply to industrial wastewaters prior to discharge'since most ofthe environmental hazards posed by wastewaters in treatment and holding facilities-primarily groundwater contamination-cannot be controlled under the Clean Water Act or other EPA
statutes.

Had Congress intended tt exempt industrial wastewaters in storage and treatment facilities from all RCRA requirements, it seems unlikely that the House Report on RCRA wouldhave cited, asjustification for the development ofa national hazardous waste management program, numerous damage incidents which appear to have involved leakage or overflow from industrial wastewater impoundments, See, e.g., H.R. Rep. at 21. Nor would Congress have used the term "discharge" in Section 1004(27), This is a term of art under the Clean Water Act (Section 504(12)) and refers only to the "addition ofany pollutant to navigable waters", not to industrial wastewaters priorto and during treatment.

Since the comment period closed on EPA's regulations, both Houses of Congress have passed amendments to RCRA which are designed toprovide EPA withmore flexibility under Subtitle Cin setting standards for and issuing permits to existing facilities which treat

or store hazardous wastewater. See Section 3(a)(2) ofH.R. 3994 and Section 7ofS. 1156. See alsoS. Rep. No. 96-172, 96th Cong., 1st Sess. 3 (1979)1 Cong. Rec, S6819, June 4,1979 (daily ed.,)- Cong. Rec. H1094-1096, February 20, 1980 (daily ed.). These proposed amendments and the accompanying legislative history should lay torest any question ofwhether Congress intended industrial wastewatdrs in holding or treatment facilities tobe regulated as "solid waste" under RCRA.

3. OtherStatutory Exclusions.The definition of "solid waste" in Section 1004(27) excludes two other classes of wastes. "Solid or didsolved materials in irrigation return flows" and "source, special nuclear, or byproduct material

as defined by the Atomic EnergyAct of 1954" are not "solid waste" under RCRA.

In §250.40(e) of the proposed regulation these two categories of
wastes were excluded from regulation under Section 3004. No substantial comment was received on these. *exclusions.In these final regulations under Section 3001,'the Agency has specifically excluded these materials from regulation as solid waste in accord with the statutory definition of "solid waste."

4.HouseholdWastes. Under "§

250.20(c)(4) of the proposed regulation,

a person orFederal agency who 33098Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

generated only household refuse or household septic tank pumpings was excluded from regulation as agenerator ofhazardous waste. "Household refuse"

was defined as trash orrubbish ordinarily produced by a family at their home. This exclusion, which also was available to apartment houses, ,condominiums andhotels, was based on the legislative history ofRCRA.

The few commenters that addressed this provision made two general points. First they said that the "ordinarily produced" portion ofthe proposed "household refuse" definition might not include certain materials such as medicinal drugs and ointments, household cleaning agents and solvents,

waste oils, paints andpesticides that might bepurchased at a grocery, drug or hardware store. Second, a commenter pointed out that a Federal agency could not, by definition, produce household
wastes.

The Agency has retained the general concept contained in proposed
§250.20(c](4) in these regulations. The provision is stated,however, as an exclusion of awaste stream-namely "household wastes"-rather than as an exclusion of a class ofgenerators. This change ismore in accord with legislative intent. The exclusion is based on language in the Senate Report which

states: (The hazardous waste program) is notto be used to control the disposal ofsubstances used inhouseholds orto extend control over general municipal wastes based on the
presence ofsuch substances. (S.

Rep. No. 94-988, 94th Cong., 2nd Sess., at 16.]
This indicates Congressional intent to exclude wastestreamsgenerated by

consumers at the household level. Since the wastes generated at hotels and motels are essentially the same as those generated by consumers in their households, EPAbelieves that such

wastes should be within the exclusion.

The Senate language makes itclear thathousehold waste does not lose the exclusion simply because ithas been collected. Since household waste is excluded in all phases ofits management, residues remaining after

treatment (e.g.incineration, thermal treatment) are not subject to regulation

as hazardous waste. Such wastes, however, must be transported, stored, treated and disposed in accord with applicable State and federal requirements concerning management of solid waste (including any requirements specified in regulations under Subtitle D ofRCRA.)

When household waste is mixed with otherhazardous wastes, however, the mixture will be deemed hazardous in accord with §261.3(a)(2)(ii) of these regulations except when they are mixed withhazardous wastes produced by small quantitygenerators (see §261.5). While household waste may not be hazardous per se, itis like any other solid waste. Thus a mixture of household and hazardous (except those just noted) wastes is also regulated as a hazardous waste under these regulations.

Because ofcomments on this matter, the relationship ofthis exclusion to refuse-derived fuel (RDF) should also be explained. RDFis a processed material (usuallyshredded) thatis produced from solid waste and used as a fuel. RDF production usually involves the extraction ofinorganic components from the waste leaving the combustible organic component forits fuel value. In the same sense that residue from the
treatment ofhousehold wastes is not subject toregulation as a hazardous waste, as discussed above, neither is RDF subject to such regulation. Moreover, RDF isnot a "solid waste" under §261.2 because it is not an "other discarded material;" it is or is not intended tobe discarded 

### (§261.2(b](1)), it is not a material that has served its original intended purpose (§261.2(b)(2)) and it isnot a manufacturing ormining by-product 

### (§261.2(b)(3)).

EPA agrees with those commenters who suggested that Federal agencies
cannot qualify as households. Therefore
wastes generated by such agencies are notwithin the household waste exclusion. In addition EPAbelieves that medicinal drugs and ointments, household cleaning agents and solvents,
waste oils, paints and pesticides purchased atgrocery, drug orhardware
stores may be disposed of as part ofa consumer's household wastes. Ifa household disposes ofsuch wastes, the
wastes may be subject to the household
waste exclusion.

Septic tankpumpings were included in the exclusion contained in §250.20(c)(4) ofthe proposedregulation. After further examination of this provision, EPAhas concluded that such pumpings should be excluded from regulation as hazardous wastes to the
extent that they constitute household
waste. Households often use septic tanks to dispose ofa portion oftheir
wastes. As with all household wastes, these sanitary wastes in household septic tanks are excluded from regulation as a hazardous waste in all phases of their management. Thus septic tankpumpings drawn from household septic tanks are not regulated as hazardous wastes under these regulations. Any wastes drawn from non-household septic tanks are regulated like any other solidwaste under theseregulations.

5. AgriculturalWastes.Under §250.10(d][2)(i) of theproposed regulation, agricultural wastes (including manures and crop residues) which arereturned to the soil as fertilizers or soil conditionerswere excludedfrom regulation ashazardous
waste. The exclusion wasbased on the legislative history ofRCRA which specifically calls forsuch an exclusion. See H.Rep. No. 94-1491, 94th Cong. 2nd Sess. 2 (1976]. Commenters generally accepted this exclusion, and EPAhas decided toretain itbecatise theneedfor such an exclusion is so clearly identified in RCRA's legislative history.

Some commenters asked theAgency, however,to gobeyond the specific language ofthe legislative history and expand the exclusion to include silvicultural wastes. They argued that the foliage andbranches leftin the forest after trees havebeen cut arenot hazardous and that such wastes help to enrich the soil and control erosion. EPA has decided not to provide a specific exclusion forsuch wastes because there is no indication in the legislativehistory ofRCRA thatthe Congress meant to include silvicultural wastes inthe exclusion otherwise applicable to agricultural wastes. MoreoverEPA has

no basis to make ageneral determination that all silvicultural
wastes will notpose environmental problems ifmismanaged.

Inresponse to the specific comment about tree branches, itmustbe recognized that the obligation placed on generators ofsolid wasteis to determine whether theirwaste ishazardous. Tree branches arenot listed as hazardous
wastes. Therefore, theonly obligation placed on a timber operationis to determine whether its wastes exhibit hazardous characteristics. EPA expects that.in the casdof tree branches that

are nothazardous, itwillbe arelatively
easy taskfor thegenerator to determine that his waste is nothazardous.

6.Mining Waste.Section 250.10(d)(2ii) ofthe proposed regulation excluded overburden intended for return to the mine site from regulation under Subtitle Cunless such overburden hadbeen specifically listed

as a hazardous waste. This exemption

was based on the legislativehistory of RCRA. Generally commenters accepted this exemption but sought a clearer specification ofwhatwastes fall within the exclusion. Thus commenters sought

a definition ofboth "overburden" and "mine site." Commenters also sought a 3309933100 Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980

clearer interpretation ofthe time within which the "returnto the mine site" would have to occur. Finally, several commenters objected to that portion of the proposed regulation which allowed EPA to list and regulate specific overburden materials otherwise covered by the exclusion. EPA had invoked this provision when listing uranium mining overburden and waste rock and phosphate mining overburden in the proposed regulation. These same commenters had also objected to the proposed listing of such wastes.

After review ofthe comments and further analysis, EPA has decided-to retain an exemption for "mining overburden returned to the mine site", defining it as "any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation ofa surface mine."

In enacting RCRA, the Congress specifically included mining wastes within the Section 1004(27) definition of "solid waste." Therefore unless the
statute or legislative history clearly indicate that mining wastes are to be exempt the presumption is that they are to be regulated like any other solid or hazardous waste. Portions ofRCRA's legislative history in both the Senate and House ofRepresentatives suggest, however, that certain kinds ofmining overburden are not within the Act's jurisdiction. In discussing RCRA's scope the House Report states: [Olverburden resulting from mining operations and intended for return to the mine site isnot considered to be discarded material within the meaning ofthis legislation. This howeverdoes notpreclude any finding by the Administrator that specific mine wastes are hazardous within the scope ofthis legislation.

In the Senate this issue was discussed during the floor debate when Senator Domenici asked about the effect bf RCRA on mining operations, particularly strip mining. As part ofhis response Senator Randolph stated: Themeasure would not affect surface mining activities. Reclamation isnot solid waste dispodal.

Reclamation ofsurface mines will commonly involve the return to the mine site ofwaste overburden thathas been removed to gain access to the ore deposit. Since it is assumed that both the Senate and House had similar objectives in passing RCRA, the "returned to the mine site" language in the House Report mustbe read inlight ofthe Senate's concern that mining wastes used to reclaim surface mines should not be subject to RCRA. EPA believes, therefore, that the most reasonable interpretation of-the "return * to the mine site" phrase is one that limits the exemption to mining waste used to reclaim surface mines.

Commenters suggested that EPA define overburden as any material removed to gain access to the i "economic mineral" or the,"mineralI .being mined for use." While both terms basically convey the same meaning, EPA has decided to use "economic mineral" because itmay have a clearer meaning to mining operators. The intent ofthe term is to identify the material that the mining operator is in the business to extract from the ground.

In keeping with the Congressional

- *intentthatthis exclusion is designed for overburden used to reclaim surface .mines, the definition is limited to overburden "overlying" a mineral deposit. The Department ofthe Interior makes a similar distinction in the definition ofoverburden in its regulations under the Surface Mining Control Act.EPA does not intend this definition ofoverburden tobe limited exclusively to the material located directly above a mineral deposit. Some material is removed from the sides ofa mining pit topermit safe access to the economic mineral, and such material should be treated as overburden. EPA urges the public to provide suggestions abouthow the definition may be refined ifthere appears to be any confusion aboutthe neaining of "overlying" in this context.

Overburden material must be "returned to the mine site" before it is excluded from regulation under RCRA. As indicated earlier, the purpose ofthe exemption is to assure that mining wastes used toreclaim surface mines

arenot subject to regulation as solid or hazardous waste. EPA recognizes that reclamation does notnecessarily involve replacement ofoverburden into the portion ofthe ground from which it

was taken. EPA also recognizes that surface mining reclamation may be subject to State or Federal regulation, making it difficulut-to provide a national definition ofwhat constitutes reclamation. Inparticular it is difficult to provide a general definition of"mine site" that willfit with the various State and federal requirements for reclamation.

EPAhas decided, therefore, not to define what is meant by reclamation of

a surface mine. Several commenters indicated that most reclamation activities are subject to State orFederal regulation. EPA expects that any permits

or reclamation plans developed to satisfy such regulatory agencies will specify the reclaimed area, and these actions should provide an acceptable and understandable specification of the "mine site" as that term is used in this definition. EPA contemplated limiting the exemption to reclamation that was approved by State or Federal agencies. While such a requirement is not part of this regulation, EPA is consideing whether such a requirement should be partof the final definition. EPA seeks public comment on such a modification and is particularly interested to discover the extent to which environmentally sound reclamation activity occurs In the absence ofFederal and State regulation,

This approach addresses two specific suggestions made in comments, First It clarifies the time component of the "returned to the mine site" concept because it ties the exemption to reclamation activity, Particularly where the mining operation is subject to State

or Federal regulation, it should be reasonably clear what portion ofthe mine's overburden will be used over what period oftime to implement a reclamation plan. Second, as indicated above, it eliminates the need for a specific definition ofmine site. In any case, EPA does not believe, as one commenter suggested, that the definition of "mine" used in the Agency's Effluent Limitations Guidelines for the Ore Mining and Dressing Point Source Category (under the Clean Water Act) is appropriate for this ddfinition, The OWA definition is designed to identify a full range ofmining and associated activities that should be regulated because they generate pollutants which maypotehtially discharge into navigable waters. The RCRA definition of "mine site" is toidentify a reclaimed area that may receive a waste material which will thereby be excluded from environmental regulation underRCRA.

Finally the Agency has eliminated ihe part ofthe proposed exemption that would allow exempted overburden to be brought within RCRAjurisdiction through specific listing as a hazardous waste. (EPAbelieves, however, that uranium mining overburden and phosphate mining overburden willbe brought back under Subtitle C jurisdiction-, as discussed below.) The only overburden exempted is that which is used forreclamation purposes. EPA expects that the State and Federal agencies that regulate such reclamation will consider the overburden's potential to adversely affect public health and the environment.

EPA believes strongly that portions of the overburden from uranium and phospate mining should be regulated under Subtitle C with respect to their potential emissions ofradon gas and gamma radiation. The Agency / Rules and RegulationsFederal Register / Vol. 45, No. 98 / Monday, May 19. 1980 / Rules and Regulations 3

recognizes that this is an issue currently before the Congress in amendments to RCRA. One such amendment would provide specific authority forEPA to regulate these overburdens. If this amendment is enacted, the "overburden returned to the mine site" exclusion will be modified accordingly.

Commenters also questioned the application ofthe Subtitle C system to in-situ mining wastes. In-situ mining of oil shale, uranium and other minerals
may involve the placement ofcertain solvent solutions directly to a mineral deposit in the ground.This solvent
passes through the earth, solubilizing the economic mineral as it goes. The mineral and solvent mixture leaches down tounderground extraction wells which remove the solution.

EPA does not believe that the soil through which these solvent solutions
pass is a waste to be regulated under RCRA fortwo reasons. First the removal ofmaterials from their natural state does not transform all remaining elements ofthat environment into a waste material. For example, picking an apple from a tree does not transform the
tree into a solid waste. Likewise the removal ofminerals from the land d6es
not make the earth a solid waste.

Second, the soil from which minerals

are extracted by in-situ mining does not need to bemanaged as solid wastes. As indicated in UnitedStatesBrewers' Association, Inc.v.EPA, supra.,the definition of "solid waste" under RCRA
must beread in conjunction with Section 1004(28), the definition of "solid
waste management," which sets forth the broad set ofactivities thatRCRA is
toregulate. None ofthe management activities identified in Section 1004(28), including "disposal," are relevant to inplace materials located hundreds, even thousands offeet.below the ground. Only when these materials are actually removed from the ground can it be reasonable to establish regulations governing the management of those materials. Accordingly in-situ mining wastes, not removed from the ground,

are not regulated as solid wastes under these regulations.

A final issue raised in the public
comments concerns the relationship between these regulations and the study ofmining wastes required under Section 8002(f) ofRCRA. Commenters argued that all mining wastes should be excluded from coverage under RCRA regulatory programs (including Subtitle C) pending the outcome of that study.

While the study will certainly assist the Agency in refining these regulations
to address the particular environmental problems presented by mining wastes, the Agency does not believe that mining wastes should be excluded from regulation, any more than any other solid orhazardous waste, until the study is completed. RCRA certainly does not require such a deferral. The fact that the Congress may have perceived a needfor further information about mining wastes does not raise the implication that RCRA's regulatory programs should not address the environmental problems presented by such wastes. The definition of "solid waste" in Section 1004(27) specifically includes wastes from mining operations and no other statutory provision otherwise links EPA'sjurisdiction over such wastes to completion ofthe study under Section 8o02(f).

It is important to note thatpending amendments toRCRA may provide for deferral ofregulation ofcertain mining wastes until completion ofthe mining waste study. Clearly that indicates a Congressional beliefthat any deferral of regulation pending the outcome ofthe study was not contained in RCRA as originally enacted. Certainly ifthe legislative amendment is passedEPA will modify these regulations accordingly. TheAgency has not, however, created such a deferral in anticipation ofsuch an amendment because the amendment iscontained in the bill ofonly one house.Thus the Agency cannot be certain that such an amendment willbe part ofthe final legislation.

7.SewageSludge. Unlike the proposed regulation thisregulation does not exclude fiom regulation under Subtitle C sewage sludge from publicly-owned
treatment works (POTW's). Several commenters objected to the exclusion contained in theproposed regulation, arguing thatit was inconsistent to exclude sewage sludge fromPOTW's and not exclude sewage sludge from privately-owned systems. They urged EPA to exclude sewage sludge from such private systems. Other commenters urged EPA to exclude wastewater treatment sludges from certain industries such as the meat packing and food processing industries because these sludges are very similar to domestic sewage sludge.

Finally, other commenters objected to the proposed exclusion ofsewage sludge from POTW's and urged that this exclusion be dropped. They claimed that POTW sludge often is very contaminated and thereby can be a hazardous waste. They urged thatit not enjoy an arbitrary exclusion. EPA has thoroughly re-examined this issue in light ofthe comments and has decided
not to exclude POTW sludge and notto addexclusions for any other types of sludge.

The regulation ofsewage sludgeis necessarily a complex matter because such sludges fall within thpjurisdiction ofseveral Federal environmental programs. Under Section 1004[27) of RCRA. the definition of"solid waste" specifically includes "sludge from a waste treatment plant." In defining "sludge," Section 1004(26A) includes
wastes from a "municipal wastewater treatment plant."

Because ofthese very clear statutory expressions, EPAmust regulate sewage sludge under RCRA-either under Subtitle D, where it has already promulgated regulations covering sewage sludge (see 44FR53438 et. seq.),

or under Subtitle Cwhere these sludges that are deemed byEPA tobe hazardous wastes shouldbe regulated.

Under Section 102 ofthe Marine Protection, Research and Sanctuaries Act,EPA regulates the ocean dumping ofsludge, including sewage sludge.In addition EPA establishes, under Section 405 ofthe CleanWater Act (CWA), guidelines for the disposal and utilization of sewage sludge. Under Section 405(e), owners and operators of publicly owned treatment works (POTW's) mustcomply with these guidelines. Sewage sludge often contains valuable organic matter and plant nutrients, and itmaybe distributed to the public as a soil conditioner orfertilizer. Such distribution ofsewage sludge may be regulated under theConsumerProduct Safety Act (CPSA] or theToxic Substances Control Act (TSCA), in addition toSection 405 oftheCWA.

Whdre such overlapping jurisdiction exists.EPA seeks tointegrate and coordinate its regulatory actions to the extent feasible. Such efforts give the regulated community a clear picture of its obligations and improve the administrative efficiency ofthe Agency, both ofwhich advance the environmental objectives contained in EPA's various statutory authorities. Section 1006 ofRCRA specifically recognizes the need to integrate the solid and hazardous wasteprograms with otherEPA regulatory programs.

To that end EPAhas decided to develop a comprehensive set of regulations to deal with sewage sludge management. Such regulations would be co-promulgated underRCRA (Subtitles C and D). the Clean Water Act, the Marine Protection,Research and Sanctuaries Act and possibly the Toxic Substances ControlAct andlor the Consumer ProductSafety Act.These regulations will address sewage sludge 33101Federal Register / Vol. 45, No. 98 / Monday, May 19; 1980 / Rules and Regilations

from both private and public sources, including septic tankpumpings.

In devising such regulations the Agency will, ofcourse, make the distinctions and classifications

- necessary to make the regulation comport with the goals and requirements of each statute. Under such a comprehensive regulation, sewage sludge that would otherwise meet the test forbeing hazardous under Subtitle C will be subject to requirements providing a level of protection to human health and the environment equivalent to that found in the Subtitle Cregulations.

The Agency has issued and is developing regulations which will eventually be part ofthe comprehensive sewage sludge regulation. For example the Agency promulgated Criteria for the Classification ofSolidWaste Disposal Facilities and Practices (44FR 53438) on September 13, 1979. These regulations, which apply to sewage sludge, include special provisions for the land application ofsolid waste to food chain crops and forthe prevention ofdisease from pathogens contained in sewage sludge and septic tankpumpings. EPA issued the Criteria.under the authority of Sections 1008(a)(3) and 4004(a) ofRCRA

as well as Section 405(d) ofthe CWA. EPA has also published two technical bulletins that provide guidance on sludge management: "Municipal Sludge Management: Environmental Factors" (42 FR 57420) and "Application of Sludges and Wastewater to Agricultural Land; A Planning and Education Guide."

In addition the Agency is in the process ofdeveloping regulations on the distribution and marketing of sewage sludge which will focus on the use of such material as a soil conditioner'or fertilizer. These regulations will, at a minimum, be promulgated under Section 405(d) ofthe CWA. The Agency is also examining whether TSCA or CPSA authorities may be usedin developing these regulations.

The Agency's strategy for the development ofa comprehensive sewage sludge management regulation will eventually resultin the establishment ofa separate regulation. Once such a regulation is in place, sewage sludge will be exempted from coverage under other sets ofregulations. In particular sewage sludge that qualifies as a hazardous waste will be exempted from this Part-and Parts 262 through 265 once this separate sewage sludge regulation, which will provide an equivalent level ofprotection, is issued: in final form.

Pending promulgation ofthis comprehensive sewage sludge regulation, sewage sludge-will not be specifically excluded from Subtitle C. Like-any other solid waste, sewage sludge that exhibits any ofthe characteristics ofhazardous waste established in this regulation-must be managed as a hazardous waste.

Some commenters urged EPA to list sewage sludge as ahazardous waste, contending that it was particularly hazardous when used-in the growing of food chain crops because of the potential plantuptake ofcadmium, PCB's and other contaminants. The Agency has decided not to specifically list sewage sludge as a hazardous waste at this time.

Itis difficult tomake general determinations about the hazardousness dfsewage sludge, particularly those produced by POTW's, because ofthe wide variations in sludge quality. The makeup ofa given community's sewage sludge, for example; reflects the range of contaminants generated by the industrial and commercial activities in the area.The sludges oftwo POTW's will differ as much as the communities themselves.

Determinations about the hazardousness ofsewage sludge must, therefore, involve the making ofsome distinctions between types ofsludge. EPA anticipates that it may make such distinctions as partofits comprehensive sewage sludge management regulations. Thus, it is reasonable for EPA to determine whether categorical classifications ofsewage sludges are appropriate as partof the Agency's effort to develop such a regulation.

In addition it should be recognized that-the particular hazard identified by the commenters, namely uptake of contaminants in food-chain crops, is being addressed by existing regulations. As mentioned above, EPA has issued the Criteria for the Classification of SolidWaste Disposal Facilities and Practices under Subtitle D ofRCRA, which place limits on the applicatioii of solid waste (including sewage sludge) to food-chain crops. In addition, it is developing regulations covering the distribution and marketing ofsewage sludge, which often is used by

consumers in gardens for growing food crops. EPA believes that these regulations address the commenter's particular concern about cadmium and PCB contamination in sludge.
E.Section261.5(Special Requirements forHazardousWasteProduced by SmallQuantityGenerators)

1. Introduction.In enacting RCRA, Congress was responding to a problem ofunknown magnitude and dimension. With specific reference to the generation ofhazardous waste, the House Committee stated:

Oine of the majorproblems to be addressed in the hazardous waste area is the lack of information concernifg the components, volumes and sources ofhazardous waste. To date therehas been no survey or other wide ranging investigation ofthe sources of hazardous or potentially hazardous waste generation or disposal. As aresult, little Is known about the actual volume ofhazardous waste being generated, the geographical distribution ofthe generators orthe extent to whichhazardous wastes are transported [H.R. Rep. at 26].

In the proposed regulation, EPA recognized that the principal focus of the regulatoryprogram should be directed towards effectively controlling the hazardous waste generated by the larger

sources ofhazardous waste. The Agency was uncertain, however, about the most appropriate manner of regulating generators ofsmall quantities ofhazardous waste, The proposed regulations exempted from regulation retailers and anyperson who generated and disposed ofhazardous waste in quantities ofless than 100kilograms in any one month period, provided that these generators disposed oftheir waste in a waste disposal facility meeting the RCRA Section 4004 criteria orin a facility permitted tomanage hazardous waste. In the preamble to the proposal, EPA explained the rationale for this exemption as follows:

The principal element ofthis issue is how to balance the need to protect human health andthe environment from the adverse Impact ofpotential mismanagement ofsmall quantities ofhazardous waste with the need to hold the administrative and economic burden ofmanagement ofthese wastes under RCRA withinreasonable and practical limitg (43 FR 58970).

Since the time ofproposal, the Agency has received and developed considerable information on the issue of the appropriate degree and manner of regulating small quantities ofhazardous waste. The information obtained in this process indicates that the number of persons generating hazardous wastes is staggering. There are an estimated 760,000 large and small generators of hazardous wastes producing over 60 million tons ofhazardous waste a year. The greatest amount ofthese wastes

comes from very large generators, typically large,manufacturing facilities, Just over 5percent, or 40,000, ofthe total number ofgenerators produce more than 5000kg/mo ofhazardous wastes; yet, these lhrge generators produce 97.7 percent ofthe total quantity of hazardous waste. Roughly 91 percent, or 695,000 of the generators, produce less than 1000kg/mo, yet contribute only one 33102Federal Register 

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percent, or 600,000 tonsper year, ofthe total hazardous waste generated. At levels ofgeneration below 100 kg/mo,74 percent, or 563,000, ofthe generators produce only 0.23 percent, or 138,000
tonsper year ofhazardous waste.

The types ofbusiness activity generating small quantities ofhazardous
waste differ markedly from those generating large quantities ofhazardous
waste. In contrast to large quantity generators, which are almost entirely from the manufacturing sector, over 89 percent ofthe small generators-those producing hazardous waste at rates of less than 1000kg/mo-are from the nonmanufacturing sector. These generators

are scattered among such diverse
sectors as construction, special trade
contractors (e.g. plumbers, electricians), secondary schools, and local transportation systems. Gasoline service stations and automobile repair garages (forwastes otherthan waste lubricating oil) comprise nearly 30 percent ofthese non-manufacturing small generators of hazardous waste.

The Agency has determined that the

enormous number ofsmall generators, if brought entirely within the Subtitle C regulatory system, would far outstrip the limited Agency resources necessary to achieve effective implementation.

The information developed in the rulemaking process has led EPA to adopt, in the final regulations, a system which incorporates various aspects of the different approaches suggested in the preamble to the proposed rule.The final regulation sets low (1to 100 kg/mo) quantity exclusion limits for certain extremely hazardous wastes; sets an initial general exclusion limit for generators ofless than 1000 kg/mo of all other hazardous wastes; and conditions this general exclusion to assure that excluded wastes are disposed ofin either authorized hazardous waste management facilities or facilities approved by.a State formunicipal or industrial wastes. EPAbelieves the approach adopted will allow EPA and the States to initially focus implementation and enforcement of the Subtitle C regulatory program on those generators ofhazardous waste who are presently producing 99 peicent of all hazardous waste. In addition, the Agency will initiate rulemaking within 2
to 5 years tophase-in expanded Subtitle' C coverage of small generators down to those generating more than 100 kg/mo quantities.

The final rule does not exempt retailers from coverage as didthe proposed regulations. In the preamble to the proposed rule the Agency stated its beliefthat retailers rarely generate more than 100 kg/mo. However, commenters argued, and the Agency agrees, that

some retailers may generate extremely hazardous wastes. Furthermore, some generators, such as large hardware or garden stores may generate substantial quantities ofhazardous waste. To the extent thatretailers do generate only very small quantities, they willbe exempted by the exclusion level provided in the regulations. Thus, inthe final regulation, retailers who generate hazardous waste are subject to the same requirements as any othergenerator.

The background document responds fully tothe diverse and numerous comments received on the proposed exemption ofgenerators ofsmall quantities ofhazardous waste. This preamble will discuss the issue raised most frequently during the comment period-the consideration ofhazard in establishing quantity limitations for hazardous wastes-and therationale for setting an initial quantity dxclusion of 1000kg/mo and forphasing down the exclusion to 100kg/mo.

2. Consideration of

Hazard in EstablishingQuantity Limitations. A number ofcommenters stated thatEPA should useconsideration ofhazard in determining the scope ofregulatory coverage. Two methods were suggested. (1) Using quantity to define hazardous wastepursuant to Section 1005(5) of RCRA, i.e., determining the level for each waste below which it does not pose a substantial hazard tohuman health and the environment when improperly managed; or, (2) considering the degree ofhazard presented by a particularwaste to establish different levels or types of controls.Although both approaches are attractive, the Agency lacks at present the ability to

use either approach in any extensive fashion, and therefore has had to adopt

a general exclusion level.

3. UsingQuantitytoDetermineThatq Waste isHazardous. The Agency considered whether the small quantity issue could be addressed through consideration ofquantity in the definition ofhazardous waste. Specifically, the Agency considered whether small quantity exclusion limits could be established by defining de minimisquantities below which a waste would notbe hazardous under the statutory definition in Section 1005(5) of RCRA, Le., below which no substantial hazard tohuman health and the environment exists underconditions of improper management. However, the Agency has notbeen able to find a way ofdetermining deminimisquantities. To do so would require knowledge not only about the intrinsic properties ofa waste but also about the possible exposuresthat attend various small quantities ofwaste under various plausible scenarios ofwaste mismanagement. Such exposure assessments require consideration of
wasteproperties, numerous site-specific conditions, and alternative management scenarios. Forexample, the levels of
exposure and hazard which could result from leaching oftoxic constituents from

a particular hazardous sludge in a landfill would depend on factors such as the persistence of the waste, site hydrogeology. depth to the groundwater, the attenuation ofthe constituent in the underground environment (including degradation of the constituent and its dilution in the groundwater], and the location ofpersons using the groundwater. The problem is made more complex by the fact that many wastes
may be managed in several alternative ways, such as land disposal, treatment,

or incineration, and each ofthese types ofmanagement exhibits different
exposure and risk patterns.

Given current knowledge and information, these assessments cannot be made for most wastes with sufficient precision to determine the specific quantities which represent a threshold for finding a waste hazardous. Therefore, the Agency has not been able
to establish deminimisquantities for defining hazardous wastes. The Agency
must therefore consider all quantities of
any waste listed oridentified in Part261
to behazardous.

4.InabilityoftheAgencyto Use Degreeof Hazard. Because the Agency

was unable to use quantity in determining whether a waste is hazardous, it considered using degree of hazard in determining the appropriate quantity exclusion level. Commenters heavily supported establishing exclusion limits based on degree ofhazard of various wastes. These suggestions were part ofa broader set ofcomments which recommended that the Agency establish

a degree ofhazard system that placed
wastes into two or more levels ofhazard depending on therisk that those wastes present to publichealth and the environment. Commenters argued that such a system could be used as a basis for phasing regulatory coverage, tailoring waste management standards, and establishing small quantity exclusion levels.

The Agency's response to the full
scope ofthe degree ofhazard proposals is included in the preamble to the Part 264 and 265 regulations being promulgated today. As explained there, the Agency has not adopted a degree of hazard system in the final regulations. Among other reasons, the Agency 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations Federal Register / Vol. 

### 33103Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

concluded that none ofthe degree of regulated, workload requirements would hazard systems suggested by exceed resources available by 1100 to commenters, nor any it coulditself 1200 workyears. Ifgenerators ofless conceive', is capable ofcomprehensively than 100 kg/mo quantities were ' distinguishing different degrees of exempted fromfull regulation, the hazard among the myriad ofhazardous shortfall would be much less, but still a wastes without application ofvery substantial 200 to 300 workyears. subjective judgment. This precluded However, ifgenerators ofless than 1000 establishing small quantity exemptions kg/mo quantities are exempted, the based on a hierarchy ofhazard levels, shortfall is projected to be.less than 100

While the Agency has not found it workyears, about 5percent ofthe total possible to establish a comprehensive workload requirenents. hazard ranking system, the Agency has The resource constraints and •attempted on a limited basis to make shortfalls have direct significance for hazatd distinctions in establishing small the operation ofthe entire regulatory quantity cutoffs. The Agency has program. To expand the coverage to established very low exclusion limits for smaller generators would require direct certain very acutely toxic orotherwise sacrifices from other elements ofthe hazardous chemical products (if program, mostnotably regulation and discarded), off-specification derivatives enforcement oflarge generators, ofthose products, and the.product permitting oftreatment, storage and containers and spill residues: The disposal facilities, and enforcement and Agency may in the future establish inspection ofthese facilities. specific (low)-exclusion limits for other Furthermore, with greater resource highly hazardous wastes on a case-by-- demands and projected shortfalls,

case basis. greater difficulties are likely in the

5.LimitedAdministrative Resources ability ofStates to obtain authorization RequireSettingtheInitialExclusion to administer theprogram in li~u ofthe Level at1000kg/mo. EPA has decided to Federal government. adopt for the present time, a general- Given the enormity ofthe exclusion level of1000 kg/mo. The implementation task and the limited Agency's basis forthis decision is the administrative resources, EPA has been current lack of sufficient administrative forced to make difficult allocation

resources to allow the Agency and the decisions. Expanding the coverage of States to effectively regulate all generators would entail direct sacrifices hazardous waste. Given that resource from other essential program constraint, the Agency belieVes that the components. The-determination ofthe overall level of environmental proper exclusion level in the final, protection which can be provided will regulation represents a complicated be greater ifthe Agency focuses balancing ofa variety offactors. The available resourceg on fullyregulating decision reflects ajudgment by the wastes from large generators during the Agency that the overall environmental early years ofregulation implementation objectives willbe best served by rather than expanding the scope of selecting-a level which promises full and regulatory coverage and achieving effective implementation ofall elements ineffectual implementation ofa more oftheprogram rather than one that ambitious program. promises ineffective implementation ofa

The primary reason for selecting 1000 more ambitious program. kg/mo, i.e., the administrative Accordingly, EPA has decided to impossibility ofimplementing at lower establish for the present time a levels, deserves some elaboration.As conditioned exclusion ofhazardous noted earlier, regulation ofall wastes from generators who produce generafors ofhazardous waste would

-less than 1000 kilograms a month.-This bring 760,000 persons into the regulatory level will enable EPA to direct its system. Regulating only those persons attention to the effective regulation bf99 who generate more than 100 kg/mo percent ofthe total wastes generated, would exclude from theprogram 560,000 and will entail only insignificant, ifany, generators, 73.9 percent of the total. If- sacrifices in the task ofissuing'permits the exclusion level were set at'1000 kg/

- to hazardous waste management mo, 695,000 generators or91.2 perfent facilities. would be excluded from regulation. At a In addition, the exclusion is not 5000 kg/mo level,-722,000 generators or unqualified; generators ofsmall 94.7 percent would be excluded. quantities ofhazardous waste mustIn 1981, the first full year of ensure that their wastes go to facilities implementing the Subtitle Ccontrols, that are approved by the State to handle analyses ofAgency and State workload municipal or industrial wastes.For most requirements and available resources to ofthese facilities the commingling of implement the Subtitle Ccontrols small quantities ofhazardous'waste indicate that, ifall generators were fully with large quantities ofnon-hazardous waste is likely to minimize environmental problems attributable to the hazardous waste, particularly since dilution levels at a 1000 kg exclusion are generally at least 100 to 1.Importantly, this approach will give State agencies

more flexibility in dealing with small quantity generators. Ifa State determines that certain types of exempted hazardous waste should not be managed in a particular non- • hazardous facility, it can deal with that situation directly.

The Agency considered other types of reduced administrative or technical requirements for exempted generators, including various subsets ofthe full Subtitle Crequirements, A limited number ofcommenters suggested particular reduced requirements which they felt would provide limited but necessary controls. The Agency's analysis ofvarious reduced Subtitle C requirements indicated that they would either provide an insignificant level of additional control, or that they would
not substantially reduce the administrative burden ofthe full Subtitle C

requirements. Thus, the Agency decided to impose only the condition stated above.

6.Phasing Down the Coverageof Small QuantityGenerators. On the basis ofinformation presently available

- to the Agency, it appears that a general

exclusion levelof100 kg/mo wotild betier achieve the environmental protection objectives ofSubtitle C. Therefore, EPA intends to initiate rulemaking within 2 to 5 years to expand Subtitle C coverage down to generators of100 kg/mo. During this process, the Agency will consider the need for any special regulatory requirements to deal with any unique problems associated with these wastes.

A number ofcommenters argued that phasing regulatory coverage of small generators would significantly benefit the administration of the hazardous waste management program. The Agency believes that because oflimited
resources, the Agency mustphase its regulation ofsmall generators to be able to fully implement the Subtitle C controls onlarge generators, transporters, and waste management facilities.

7. EnvironmentalConsiderations. The information that the Agency was able to develop on the environmental impacts of different quantity cutofflevels was not fully conclusive. However, the data indicate that an exclusion level of100 kg/mo, coupled with lower exclusions for certain highly hazardous wastes, and disposal ofexcluded waste in Subtitle C

or State approved facilities will, in most 33104Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

cases, minimize adverse impacts on human health and the environment.

The review ofdamage cases tends to support a 100 kg/mo exclusion level. First, there were very few damage cases involving quantities below that level. Second, thos- few cases involved indiscriminate dumping rather than disposal inmanaged facilities. This suggested that disposal ofquantities less than 100 kilograms in amanaged facility might provide sufficient environmental protection, even ifthe managed facility

was not authorized to handle hazardous
waste. Ofthe 11 damage incidents involving the disposal ofless than 1000 kg quantities ofhazardous waste in managed facilities the environmental damage orpersonal injury occurred in nine ofthe incidents because of mismanagement of single containers, i.e., 55 gallon drums ofignitable, corrosive orreactive materials. Setting the exclusion level at 100 kg/mo would in most cases ensure that single, full drums wouldbe properly packaged and labeled, manifested and sent to Subtitle C facilities. A higher exclusion level would not provide this assurance.

Wastes generated by small quantity generators at the 100kg/mo exclusion level comprise only 0.23 percent ofall hazardous waste. The environmental analysis showed that these small generator hazardous wastes are typically mixed by the generator with non-hazardous wastes and subsequently disposed ofin waste management facilities for municipal waste. If these mixed wastes were evenly distributed to such facilities, the dilution ratio ofnonhazardous to hazardous waste wouldbe roughly 900 to 1 at a 100 kg/mo exclusion limit.

Although even distribution will not
occur, EPAbelieves that very large dilution ratios will result in most situations with a 100 kg/mo exclusion level. This is because 92 percent ofthe small generators (producing less than 100 kglmo) are in the non-manufacturing
sector and are distributed in reasonable proportion to population and, therefore, in reasonable proportion to quantities of diluting non-hazardous municipal
wastes. The effect ofeven distribution and high dilution is to spread and, thereby, minimize exposure and risk. Although this effect cannot be assessed with great precision, it is not unreasonable to assume thathuman health exposure andrisk is significantly reduced at dilution ratios ofseveral hundred to 1.

8.Resource Considerations. Projecting administrative resources into the future is inherently speculative, requiring various assumptions and estimates of State and Agency budgets, and implemeptation workloads. The Agency studies assumed constant budgets, and predicted the administrative shortfall to become exacerbated, rather than reduced over time. Other projections, presented in the background document for small generators, also suggest some

resource difficulties in phasing-in the
coverage ofsmall generators, but these projections show that the resource picture may improve over time. The Agency, however, believes it is appropriate to expand its regulatory
coverage ofsmall quantity generators, and will be seeking the budgetary increases necessary to accomplish that phasing. Additionally, once the regulatory apparatus is inplace and operating, the Agency will be able to

reassess the ability to achieve more comprehensive coverage by means of allocating its resources differently than presently projected.

-
F. Section261.6 (Special Requirements forHazardousWaste WhichIs Used, Re-used,Recycled or Reclaimed)
This section sets forth the applicability ofthe Subtitle C regulations to the storage and transportation ofhazardous waste sludges and hazardous wastes listed in Subpart D that are used, re-used. recycled orreclaimed. Italso provides for the exclusion from regulation of all other aspects ofthe use, re-use, recycling orreclamation ofhazardous
waste until EPA promulgates regulations
to the contrary. The content of and rulemaking considerations thatwent into this section are fully discussed in Section IV. B. of this preamble.

V. Subpart B-Criteria forIdentifying Characteristics ofHazardous Waste and fot Listing Hazardous Waste

A. Section261.10(Criteria for ldentifying the Characteristics of HazardousWastes)

Section 3001 of the Actrequires EPA
to develop and promulgate criteria for identifying the characteristics of hazardous waste. The proposed regulations identified two such criteria. The first criterion was that the characteristic be capable ofbeing defined in terms ofphysical, chemical or' other properties which cause the waste tomeet the definition ofhazardous
waste in the AcL This criterion embodied the simple but fundamental notion that a characteristic ofhazardous
waste must be one which causes the
waste to be a hazardous waste within the meaining of the statutory definition. The second criterion was that the properties defining the characteristic be measurable by standardized and available testing protocols. EPA adopted this second criterion in recognition that the primary responsibility for determining whether wastes exhibit the characteristics rests with generators. It believed that unless generators were provided with widely available and uncomplicated test methods for determining whether theirwastes exhibited the characteristics, the system would prove unworkable. Largely in reliance on this second criterion, EPA refrained from adding organic toxicity, carcinogenicity, mutagenicity, teratogenicity, bioaccumulation potential and phytotoxicity to the set of proposed characteristics and instead left it to listing mechanism to capture wastes exhibiting these properties. EPA considered the available test protocols* formeasuring these characteristics to be eitherinsufficiently developed or too complex and too highly dependent on the use ofskilled personnel and special equipment. Additionally, given the
current state ofthe knowledge concerning such properties, EPA did not feel that it could define with any confidence the numerical threshold level
atwhich wastes exhibiting these characteristics wouldpresent a substantial hazard. Furthermore, it questioned whether these tests sufficiently took into account the multiple factors which bore on the question of the hazardousness ofsuch
wastes.

EPA received afew comments on its proposed criteria foridentifying characteristics, the most significant of which addressed the appropriate use of the identified characteristics. A number ofcommenters contended that EPA did
not have authority to require generators to assess theirwastes in accordance with the characteristics. These
commenters were generally concerned about the burden placed on generators by such a requirement and argued that the characteristrics should onlybe used by the Agency in listinghazardous
wastes. Other commenters believed that EPAwas fullyjustified inrequiring generators to assess their wastes in accordance with the identified characteristics and felt that thiswould

assure the broadest possible coverage forhazardous wastes.

EPA disagrees with those commenters who argue that EPA has no authority to require generators to determine if their
wastes exhibit any ofthe characteristics. Throughout the statute, Congress made reference to two alternative mechanisms forbringing a waste into the hazardous waste system-identification through characteristics, and listing. If Congress 3310533106 Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 

# 7 Rules and Regulations

had intended the identified characteristics to be used solely by EPA in listing wastes, then there would have been no point in making a distinction between these two mechanisms. Consequently, since the determination ofwhether a waste exhibits the characteristics appears to require some action by someone other than EPA, the most reasonable interpretation ofthe statutory languageis that it requires generators to assess their wastes in accordance with the EPA-identified characteristics. This interpretation of the statutory language is substantially reinforced by the provision in Section 3002(4) that gerierators'mry be required to furnish information on the general chemical composition of their Waste-a requirement which 'presumestesting.

The final regulation makes a few slight changes in the language ofthe criteria for identifying characteristics in

an attempt to clarify the meaning ofthe regulation and better reflect EPA's regulatory intent. First,EPA has omitted reference to damage incidents and scientific and technical information as bases foridentifying characteristics, out of a conviction that thisreference is unnecessary and in partial agreement with those who argued that damage incidents should notbe heavily relied on in identifying characteristics.,Second, EPA has omitted the redundant phrase "can be defined in terms ofspecific, physical, chemical, toxic, infectious, or other properties ofa solid waste." Third, EPA has expanded the criterion of "measurability" to make clear that any test formeasuring characteristics must be within the capability ofthe generator community and to provide that characteristics such as reactivity need not be accompanied by a testing , protocol ifthe characteristic can be "reasonably detected by generators... through their knowledge ofthe waste."
B.Section261.11(Criteria forListing HazardousWaste)
In the proposed regulation, EPA specified two criteria for listing hazardous waste, The first criterion was 'that the waste possess one ormore of the identified characteristics. The second criterion was that the waste meet the definition ofhazardous waste found in Section 1004(5) ofthe Act.

The first criterion to a large extent reflepted EPA's regulatory strategy at the time ofthe proposal. Under that strategy, EPA planned to identify and quantitatively define all of the characteristics ofhazardous waste, including organic toxicity, carcinogenicity, mutagenicity, teratogenicity, bioaccumulation potential and phytotoxicity. Generators would be'required to assesi their wastes in accordance with these charadteristics and EPA would listhazardous wastes where ithad data indicating the wastes exhibited one of the identified characteristics. Listing would thusplay

a largely supplementary function and, would serve as a device for injecting certainty into the pr6cess ofhazardous waste determination. As noted above, however, EPA has found it impossible to fully effectuate this strategy because of the lack ofsuitably uncomplicated test' protocols, the difficulty ofestablishing *numericalhazardous threshold levels for these additional characteristics, and the failure of the available testprotocols to fully indorporate all of the multiple factors bearing on the hazards presented by such characteristics.'

The second criterion was adopted against the backdrop of this inability to capture all hazardous vastes through identified characteristics, and was intended to give the Agency an independent basis for capturing such wastes. Although this proposed criterion

was admittedly somewhat general in' nature, it implicitly incorporated the more.specific criteria embodied in the delisting requirements and the waste codes which accompanied each listingprovisions which made it clear that EPA

was specifically concerned with radioactive, mutagenic," bioaccumulative, toxic organic and infectious wastes. Thus, although EPA appeared to have prescribed for itselfa very broad and inexact listing standard in the-proposedregulation, in actuality -theAgency followed a fairly particularized set of criteria in listing
wastes.

EPAreceived a large number of comments in response to its proposed criteria for listing. None ofthese commenters objected to EPA's first criterion for listing wastes that exhibit

one ofthe characteristics. A large number ofcommenters, however, objected to the second criterion.Many ofthese commenters feltthat the mere articulation ofthe statutory definition as thebasis for listing was circular and constituted an abrogation ofEPA's statutory duty to establish criteria for listing which expand upon the statutory definition. Others argued that the second criterion was inappropriate because it failed to take into consideration such things as concentration, degradation potential and bioaccumulation potential-factors which are specifically mentioned by the Act.

-

EPA agrees that the proposed criterion for listing wastes which do not exhibit any ofthe characteristics was as N ageneral matter, too broad. Accordingly, we have promulgated a considerably expanded and more specific set ofcriteria to take the place of the proposed criterion. These criteria

are broken down into two categoriescriteria forlisting acutely hazardous waste and criteria forlisting toxic waste.

The criteria for listing acutely hazardous waste are intended by EPA to

serve as the criteria foridentifying wastes which are so hazardous that they can be said tomeetpart (A) ofthe statutory definition ofhazardous waste-i.e., wastes which may "cause,

or significantly contribute to an increase in serious irreversible, orincapacitating reversible, illness", regardless ofhow they aremanaged. Itis EPA's conviction that most wastes are hazardous only because they "pose a substantial present orpotential hazard to human health or the environment when improperly managed"and thusmeet part (B) ofthe statutory definition of hazardous waste. Nevertheless, EPA recognizes that there are wastes which

are so acutely hazardous that they can be considered to present a substantial hazard whether improperly managed or not.EPA has defined this category of wastes to include those which have been shown to be fatal to humans in low doses orhave been shown in mammalian studies tohave an oral LD 50 toxicity ofless than 50 milligrams per kilogram, (as determined using rats), an inhalation LC 50 toxicity ofless than 2000 milligrams per cubic meter (as determined using rats), or a dermal LD 50 toxicity ofless than 200 milligrams per kilogram (as determined using rabbits). Numerous government agencies and private organizations, including the Department ofTransportation, the Consumer Product Safety Coinmission and the National Academy ofSciences, recognize that substances exhibiting these LD 50 and.LC 50 toxicities are so potentially lethal as to be considered poisonous or acutely toxic. EPA has also defined this category ofwastes to include wastes, such as explosives, which otherwise meet part (A) of the statutory definition ofhazardous waste. This has been done in recognition that wastes may be acutely hazardous even if they are not toxic.Inasmuch as a waste will meet the acutely hazardous criteria only when the wh6le waste, rather thanjust its cohstituents, presents

an acute hazard, EPA has employed and intends to employ these criteria primarily to list the discarded pure chemical substances and associated materials specified in §261,33. EPA recognizes, however, that there may beFederal Register 

## I Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

wastes such as wastes containing substantial concentrations ofpotent carcinogens which meet these criteria

even though they are not pure substances.

The criteria forlisting toxic wastes

are intended byEPA to identify all those
wastes which are toxic, carcinogenic, mutagenic, teratogenic, phytotoxic, or toxic to aquatic species. These criteria provide that a waste will be listed where it contains any of a number of designated toxic constituents-unless, after consideration ofcertain specified factors, EPA concludes that the waste does not meet part (B) ofthe statutory definition ofhazardous waste. As in the proposed regulation, the ultimate requirement forlisting a waste as hazardous is whether it meets the definition ofhazardous waste found in the Act. Unlike the proposed regulation, however, the final criteria significantly channel the route the Agency must follow in determining whether a waste meets the statutory definition. The first inquiry which must bemade under the final criteria is whether the waste contains any ofthe toxic constituents listed inAppendix VIII. These constituents are ones which have been shown in reputable scientific studies to have'toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms and include such substances

as those identified by the Agency's Carcinogen Assessment Group. Consequently, the presence ofany of these constituents in the waste is presumed to be sufficient to list the
waste unless after consideration of the designated multiple factors, EPA concludes the waste is not hazardous. These multiple factors include the type oftoxic threat posed, the concentrations ofthe toxic constituents in the waste, the migration potential, persistence and. degradation potential of the toxic constituents, the degree to which the toxic constituents bioaccumulate in ecosystems, the plausible types of improper management to which the
waste could be subjected, the quantities ofwaste generated, and other factors
not explicitly designated by the Act, inclpding damage incidents involving
wastes containing the toxic constituents and actions taken by other governmental agencies with respect'to the waste or its toxic constituents.

EPA has adopted this flexible, multiple factor approach to listing rather than the formulaic approach embodied in the characteristics because it considers this approach to be better able
to accommodate itselfto complex determinations ofhazard. EPA further believes that this multiple factor approach was to some extent contemplated by Congress. Most of the factors selected are specifically mentioned in Section 3001 ofthe Act. Additionally, the report which accompanied the Senate bill provided that at a minimum the Administrator should designate as hazardous each mixture ofsolid waste which contained

a toxic orhazardous substance listed in section 112 of the Clean AirAct or section 307(a) and section 311(b) ofthe Clean Water Actunless he determined that the waste did notmeet the criteria for identifying hazardous wastes. Senate Report 94-988, 94th Cong., 2d Sess. at 14. Thus the Senate bill, like EPA's final regulations, envisioned a presumption in favor oflisting based on the presence of

a toxic constituent in the waste which is rebuttable by a consideration offurther factors. Although the Senate version of the bill was not adopted, the concept embodied therein was not specifically rejected in the final statute,providing

some further basis for concluding that EPA's approach forlisting toxic wastes reflects congressional intent.

As can be seen from the above discussion, the final criteria for listing reflect a change in emphasis in the Agency's regulatory strategy. EPAis not fully confident that it can suitably define and construct testing protocols for the characteristics oforganic toxicity, carcinogenicity, mutagenicity, teratogenicity, bioaccumulation potential, phytotoxicity, radioactivity and infectiousness, and is consequently relying on the listing mechanism to bring wastes exhibiting these properties into the system. One negative aspect of thrs change in approach is that it shifts to EPA t primary burden for identifying, analyzing and evaluating these wastes with the result thatit may take longer to achieve full regulatory coverage. This negative aspect is substantially offset, however, by thegreater flexibility and

assurance which the listing approach provides, especially when accompanied by the delisting procedure.

A notable difference between the approach embodied in the characteristics and the approach embodied in the criteria forlisting is that EPA attaches less emphasis to waste constituent migration and subsequent environmental fate in the listing mechanism than in the characteristics. This is nowhere better demonstrated than in the listing of waste which contain primary drinking water standards contaminants. Inlisting wastes which contain primary drinking water standards contaminants EPA has elected to focus, in the first instance, on the actual presence ofthe toxic constituent in the waste and to treat other factors such as migrationpotential

as essentially mitigating considerations which might renderthe waste nonhazardous. EPAfeelsjustified in concentrating primarily on the composition ofthewaste because the listing mechanism allows for amore individualized consideration ofhazard and because the delistingprocedure affords generators an opportunity to demonstrate, through reliance on the specified factors, that theirwaste is not in facthazardous. In the case ofwastes exhibiting the characteristic ofEP toxicity, on the other hand, there is no opportunity tomake such a demonstration-since the test prescribed in the characteristic constitutes a final determination of hazard. Consequently, out ofconcern that the characteristic notbe overinclusive. EPAhas placed somewhat greater emphasis on migration potential and has rigorously incorporated this consideration into the EP test.

As noted in section IIlA3. ofthis preamble, EPA intends tosupplement the listing criteria to allow listingof radioactive and infectious wastes.We

are deferringpromulgation ofthe criteria for listingradioactive wastes because

we want to waituntil Congresshas spoken on this issue andbecause deferral will give EPAmore timeto refine its standards for listingthese wastes and to coordinate these standards with theregulations governing used. re-usedrecovered, and reclaimed wastes. We are similarly deferring promulgation ofthe criteria for listinginfectious wastes because we have not finished developing the treatment standards applicable to such wastes.

A few clarifying changes havebeen added to the final regulation. First, the regulation provides thatEPA maylist classes or types ofwastes ifit has

reason to believe that all wastes within the class or type typically orfrequently

are hazardous. Second, the regulation provides that the criteria forlisting will be used to establish the exclusion limits foracutely toxicwastes generated by small generators. These exclusion limits

are referred to in §261.5(c].
VI. Subpart C-CharacteristicS'of Hazardous Waste
A. Section26.20-General

This section is largely selfexplanatory. It states that a solid waste is a hazardous waste ifit exhibits any of the characteristics ofhazardous waste, explains the assignment ofEPA Hazardous Waste Numbers, and 33107Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

explains the method for obtaining a representative sample in testing for characteristics. Rather than specifying particular procedures to be used in obtaining representative samples,'EPA is simply requiring the regulated community to obtain samples which
meet the definition ofrepresentative sample found in Part 260 ofthe regulations. To provide some guidance concerning compliance with this requirement, EPA will consider ftiy sample obtained using the sampling methods indexed in Appendix Ito be a representative sample within the meaning of the Part 260 definition. Since, however, these sampling methods are. not being officially required by EPA anyone desiring to use a different sampling method may do so without demonstrating the equivalency ofthat method under the procedures set forth in §260.21.

. I I

B.Section261.21 (Characteristic of Ignitability)

In the proposed regulation, EPA defined ignitable waste to include the following: (1) Liquids having a flashpoint ofless than 1400 F (60* C) (2) non-liquids liable to cause fires through friction, absorption ofmoisture, spontaneous chemical change orretained heatfrom manufacturing or liable, when ignited, to burn so vigorously and persistently as to create a hazard (3) ignitable compressed gases and (4) oxidizers.

EPA's objective was to identify
wastes capable of causing fires during routine transportation, storage and disposal and wastes capable ofseverely exacerbating a fire once started. Such fires, EPArecognized, pose a particular danger to transportation and disposal. personnel and also threaten the general. public by generating toxic fumes and creating convection currents which transport toxicparticulates to the surrounding area. EPA adopted the Department ofTransportation's definitions ofignitable compressed gas and oxidizer and borrowed heavily from the Department ofTransportation's definition ofnon-liquid ignitable because it believed these definitions adequately reflected routine waste management conditions. At the same time, it chose a flashpoint limit for* ignitable liquid wastes different from that specified by the Department of Transportation's "flammable" liquid category because itbelieved that the flashpoint limit specified by the Department ofTransportation did not fullyreflect conditions likely to be encountered during routine waste management.

A large number ofcommenters argued that EPA should adopt the Department ofTransportation's 1000 F flashpoint for flammable liquids. These commenters argued that EPA's adoption of a different flashpoint limit from the Department ofTransportation is not justified by conditions likely to be encountered during waste management and will create undue confusion in the'! regulated community.

The Agency'disagrees with these
commenters. A number ofEPA studies reveal that ambient temperatures of140" F are regularly encountered during landfill disposal. In such environments, liquidwastes with flashpoints lower than 140 F will readily volatilize and

can be easily ignited by the numerous ignition sources to which wastes are exposed-during management. The need
to regulate such wastes is borne outby

an early Department ofTransportation study which recommended that the' Department ofTransportation adopt a flashpoint limit of 140 F for flammable liquids because temperatures ofthis order can be encountered during transportation. The commenters who
argue that EPA's 1400 F flashpoint limit is not justified by waste management conditions forget that, through the creation ofits "combustible liquid" category, the Department of Transportation regulates liquids with flashpoints ofup to 200' F-a tacit acknowledgement that EPA's 1400 F flashpoint is well within the sphere of potential concern.

EPA does not believe that its ignitable liquids category will create undue confusionin the regulated community. The term "ignitable" was specifically chosen to eliminate confusion between EPA's "ignitable" liquids category and the Department ofTransportation's "flammable" 'liquids category. Furthermore, EPA's ignitable liquids category is one with which the regulated community should already be familiar since it encompasses Class I and Class II liquids in the National Fire Protection Association's classification scheme. While EPA believes that maintaining consistency between its definitions of hazard and those ofthe Department of Tran~portation is a desirable goal, it does not believe that such consistency should be achieved at the'expense of human health and environmental protection.

A number ofcommenters argued that the 140" F flashpoint forliquids improperly included many liquid wastes such as wine and some latex paints which exhibit low flashpoints because of their alcohol content but do not .sustain combustion because ofthe high percentage ofwater present.

EPA agrees that such wastes should not be designated as hazardous, but unfortunatelyhas no data on hand which identifies the correlation between the concentration ofalcohol in such wastes and the established flashpoint of 1400 F. Accordingly, it has for the time being opted to follow the Department of Transportation's lead and exclude from its ignitable liquids category aqueous solutions containing less than 24 percent ofalcohol by volume. This exclusion will remove from the ignitability characteristic liquid wastes which the Agency knows may flash but not sustain combustion. In the meantime, EPA hopes to undertake further study to determine whether another exclusion limit is more appropriate and to evaluate tests which might be capable of identifying wastes which exhibit this phenomenon.

Many commenters argued that the proposed definition of solid ignitable wastes was too vague and that a testing protocol was needed to provide proper guidance. A number ofthese comnienters took particular issue with the phrase ".

. . or when ignited burns

so vigorously and persistently as to create a hazard during its management

•
. ."which they felt could be construed to include such non-hazardous materials

as bark,wood chips, wastepaper, sawdust, corrugated boxes, etc.

EPA agrees that the proposed definition ofsolid ignitable wastes was perhaps imprecise and could stand clarification. It has no intention of designating such things as wastepaper and sawdust to be hazardous and is only interested in capturing the small class ofthermally unstable solids which

are liable to cause fires through friction, absorption ofmoisture or spontaneous chemical changes. Accordingly, to eliminate any misunderstanding, we have changed the definition ofignitable solid to read ".

. andwhen ignited burns so vigorously and persistently that it creates a hazard."

Although EPAwould have preferred providing a test method foridentifying ignitable solids, it has determined, after diligent inquiry, that there are no test methods capable ofaccurately identifying the small class ofignitable solids to which itsregulation is directed. EPA is presently working with the Department ofTransportation and other organizations to correct this deficiency, In the meantime, the absence ofa test should not cause too much ofa problem since generators ofthermally unstable solids, like generators ofreactive wastes, are likely'to be aware that their waste exhibits thisproperty.

A number ofcommenters argued that EPA improperly included in its definition ofignitable solids, wastes such as slags which are liable to cause 33108Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

fires through "retained heat from manufacturing orprocessing."

EPA agrees that these wastes should notbe designated as hazardous and has accordingly deleted the phrase "or retained heat from manufacturing or processing" from the definition of ignitable solids. EPAwas originally concerned that wastes such as slags, if placed in a landfill, could present a hazard byraising the temperature of other wastes to their flashpoints. It is

now convinced that the likelihood of such high volume wastes being placed in

a landfill is sufficiently small as notto warrant their regulation.
C.Section261.22 (Characteristic of Corrosivity)

In the proposed regulation, EPA defined corrosive wastes to include (1) aqueous wastes exhibiting a pH ofless than or equal to 3or greater than or equal to 12 and (2) liquidwastes capable

or corroding steel at a rate greater than 0.250 inches per year. This definition attempted to address the various hazards presented by corrosive wastes. EPA chose pH as one barometer of corrosivity because wastes exhibiting low orhigh pH can cause harm to human tissue, promote the migration of toxic contaminants from other wastes, react dangerously with other wastes, and harm aquatic life. EPA chose metal corrosion rate is its other barometer of corrosivity because wastes capable of corroding metal can escape from the containers inwhich they are segregated and liberate other wastes.

A majority ofcommenters argued that the proposed pH limits were unduly stringent.These commenters pointed out that the proposed upper pH limit of 12.0 would include many otherwise nonhazardous lime-stabilized wastes and sludges, thereby discouraging use ofthis valuable treatment technique. They furtherpointed out that the proposed lowerpH limit of3.0 would include a number ofsubstances generally thought tobe innocuous and many industrial wastewaters prior to neutralizatiori. They questioned EPA's assertion that the proposed lowerpH limit was needed toprotect against tissue damage.

EPA agrees thatthe proposed pH limits were unnecessarily stringent and has accordingly adjusted the upper pH limit to 12.5 and the lower pHlimit to 2.0. In originally establishing the proposed limits, EPA was confronted with the difficulty that while the tendency to promote the solubilization ofheavy metal contaminants and to

cause harmful reactions generally increases as pH approaches the upper and lower limits ofthe pH scale, there

are no threshold levels for these effects. Consequently, to a significant extent, EPA based the proposed pHlevels on studies demonstrating a correlation between pH and eye tissue damage. Since eye tissue is considered to be

more sensitive than other human tissue, the proposed pHlevels were unnecessarily conservative andhad the unintended effect ofinhibiting the use of such beneficial processes as the lime stabilization ofwastes. The expanded pHrange being adopted today rectifies this problem by excluding such things as lime stabilized wastes from the system. It also addresses theproblem oftissue damage more realistically while at the

same time providing ample protection against the solubilization oftoxic contaminants and dangerous reactions.

A number ofcommenters commented

on the need foraddressing percent acidity and alkalinity in the pH provision ofthe corrosivity characteristic. A few commenters favored adding percent acidity/ alkalinity to the pHprovision because it would provide useful information for disposal purposes. Most commenters, however, felt that percent acidity/ alkalinity should not be addressed because it would not add significantly to the determination ofhazard and would require the use bfa more complicated measurement technique.

EPA agrees with most commenters that the addition ofpercent acidity/ alkalinity to the pH provision is unnecessary. Percent acidity/alkalinity provides an indication ofthe capacity of

a waste to resist a change in pH and therefore to aid in the assessment ofthe hazard presented by a waste over the long term. However, it adds little to the assessment of the hazard posed by the waste during transportation, storage and initial disposal. Furthermore, because the capacity ofa waste toretain low or highpH is as much a function ofits disposal or storage environment as ofits percent acidity/alkalinity, the Agency knows ofno scientifically valid basis upon which to establish hazardous threshold levels ofpercent acidity/ alkalinity.Accordingly, EPA has elected not to address percent acidity/alkalinity in the corrosivity characteristic.

A few comments were received on the need forincluding corrosive solids in the corrosivity characteristic. All advocated including solids in the corrosivity characteristic but none described situations where the improper disposal ofsuch wastes would be likely to cause damage.

EPA has concluded that, inasmuch as the great majority ofwastes are presumed to be in liquid or semi-liquid form, there is no demonstrated need to address corrosive solids at this time. EPA will,however, continue to seek information on the dangers presented by these wastes and will consider specific regulatory measures ifthe need formore control becomes apparent.

A number ofcommenters suggested that the corrosivity characteristic should address tissue damage more directly and employ a skin corrosion test. Several of these commenters pointed to

a Consumer Product Safety Commission survey which ostensibly casts doubt on the ability ofpHto predict tissue damage.

EPA believes that there is sufficient correlation betweenpH and tissue damage tojustify theuse ofpHin a regulatory context, especially inviewof the factthat itis using pHas amultipurpose measure ofmany elements of

concern. Requiring the regulated community to conduct skin corrosion tests, whichnecessitate the maintenance ofspecial facilities and skilledpersonnel. would prove unnecessarily burdensome and would yield littlein the wayof extra results. Accordingly. EPA is not including a skin corrosion testin the finalregulation.

At least one commenter noted that the NACE metal corrosion test specified in the proposed regulations permits variation in a number oftestconditions.

To correct this problem, EPA has standardized the conditions ofthe NACE testin its testmethods guidance manual andhas required generators to utilize this standardized versionin running the test.
D. Section261.23[Characteristic of reactivity)

Theproposed regulation defined reactive wastes to include wastes which (1)readily undergo violentchemical change (2)react violently orform potentially explosive mixtures with water (3)generate toxicfumes when mixed with water or,in the case of cyanide or sulfidebearing wastes, when exposed to mild acidic orbasic conditions (4) explode when subjected to a stronginitiating force 

### (51 explode at normal temperatures andpressures or (6) fit within theDepartment of Transportation's forbidden explosives, Class A explosives, or ClassB explosives classifications.

This definition wasintended to identify wastes which,because oftheir extreme instability and tendency to react violently orexplode, pose a problem at all stages ofthewaste management process.The definition

was to a large extent aparaphrase of the narrative definition employed bythe National Fire Protection Association, although test protocols formeasuring thermal and shock instability were 33109Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

prescribed as a partial aid in assessing reactivity. The Agency chose to rely on
a descriptive, prose definition of reactivity because the available tests for measuring the variegated class ofeffects embraced by the reactivity definition suffered from a number ofdeficiencies.

EPA received a large number of comments which argued that the prose definition ofreactivity employe'd by EPA is too indefinite and vague and gives generators inadequate guidance in assessing the reactivity oftheir waste. These comments advocated replacing the prose definition with anumerically quantified definition accompanied by appropriate testing protocols.

EPA has attempted where possible to define hazardous waste characteristics in terms ofspecific, numerically quantified properties measurable by standardized testing protocols. The available test methods forreactivity, however, suffer from anumber of generic and individual shortcomings which make a numerically quantified definition with accompanying test protocols inappropriate. First, these tests are too restrictive in scope and confine themselves to measuring how

one specific aspect ofreactivity correlates with a specific initiating condition or stress. No test is sufficiently general to even begin to

measure the variety ofdifferent stresses and reactions found within the reactive classification. Second, because the reactivity ofa waste sample is a function notjust ofits intensive properties such as density and composition but also ofits extensive properties such as mass and surface
area, the reactivity of the sample as measured by the tests willnot nece~sarily reflect the reactiviW ofthe whole waste. Third, most ofthe available tests are not ofthe "pass-fail" type and require subjective interpretation ofthe results.

The unavailability ofsuitable test methods for measuring reactivity should
not cause problems. Most generators of reactive wastes are aware that their wastes possess thisproperty and require special handling. This in because such wastes are dangerous to the generators'

own operations and arerarely generated from unreactive feed stocks. Consequently, the prose definition should provide generators with sufficient guidance to enable them to determine whether their wastes are reactive.

A number ofcommenters argued that the two proposed test methods for measuring reactivity were, among other things, unreliable and difficult to interpret. EPA agrees with these commenters that the two proposed test methods-the Explosion Temperature Test and the Bureau ofExplosives shock instability test suffer from a number of inadequacies and add little to the prose definition. Although the Explosion Temperature Test was originally thought tobe asuitable method formeasuring

one aspect ofreactivity, field testing demonstrates that this testrequires subjective interpretation ofthe results. Re-evaluation ofthe shock instability test suggests that it too possesses problems which make its utility as a
measure ofreactivity questionableespecially in view ofits narrow scope. Accordingly,EPA has stricken these two tests from the regulations except to the
extent the Department of Transportation's definition of Class A

- explosives requires use ofthe shock instability test.

Several commenters took issue with *the inclusion in the reactivity definition ofany waste which "generates toxic gases, vapors orfumes when mixed with water" and "any cyanide or sulfide bearing waste which can generate toxic gases, vapors or fumes when exposed to mild acidic orbasic conditions." These commdrnters -complainedthat this language lacks specificity. As an example, theynoted that quite a few things contain sulfides and cyanides in trace amounts and can generate minute quantities ofhydrogen sulfide or hydrogen cyanide under acidic orbasic conditions.

EPA agrees that the language in question could benefit from clarification. Ithas accordingly amended the regulation to include only those wastes which generate toxicgases, vapors and fumes in "aquantitysufficientto presentadangerto humanhealthorthe environment" Ithas also specified that, by mild acidic or basic conditions, it

means pHconditions ofbetween 2 and 12.5. This pHrange was chosen because onlywaste inside this pHrange can be managed without regard to the prohibitions imposed by Subtitle C. Consequently, these pH conditions are likely to be the most stringent encountered by cyanide and sulfide bearing wastes.
E.Section261.24(Characteristic of

EP Toxicity)

There is persuasive evidence that the contamination ofgroundw'ater through the leaching ofwaste contaminants from land disposed wastes is one ofthe most prevalent pathways by which toxic
waste constituents migrate to the environment. EPA's damage files contain numerous incidents of groundwater pollutionresulting from the indiscriminate dumping and improper landfilling ofwastes. Additionally, the legislative history ofRCRA is replete with indications that such groundwater contamination was one ofCongress' primary areas ofconcernin the proposed regulation, EPA addressed this problem by developing a test procedure called the Extraction Procedure (EP) designed to identify wastes likely to leach hazardous concentrations of particular toxic constituents into the groundwater under conditions of improper management. Under this procedure, constituents were extracted from the waste in a manner designed to simulate the leaching action that occurs in landfills. This extract was then analyzed to determine whether it possessed any ofthe toxic contaminants identified in the National Interim Primary Drinking Water Standards (NIPDWS). Ifthe extract contained any of the contaminants in concentrations 10 times greater than that specified in the National Interim Primary Drinking Water Standards, the waste was considered to be hazardous.

Like other testprocedures employed to identify hazardous characteristics, the .EPwas intended to serve as a quick test for identifying wastes which are capable ofposing a substantial present or potential hazard when improperly managed. Consequently, in devising the test,EPA necessarily had to make certain assumptions about the improper management to which toxic wastes capable ofcontaminating groundwater

are likely to be subjected. In making such assumptions, EPA believed It important to employ areasonably conservative mismanagement scenario-in view ofthe statutory mandate to protect human health and the environment, the broad statutory definition ofhazardous waste and also because the phenomenon oflong term leaching is only incompletely understood. On the other hand, EPA considered it important not to utilize a wholly implausible mismanagement scenario, since by doing so it would end up regulating as hazardous those wastes which were quite unlikely to ever cause
a problem.

The result ofthese deliberations was

a decision to model the EP upon a mismanagement scenario for toxic wastes which constitutes a prevalent form ofimproper management-namely, .the co-disposal oftoxic wastes in an actively decomposing municipal landfill which overlies a groundwater aquifer. EPArealized in making its co-disposal assumption that actively decomposing municipal waste'landfills generate more aggressive leachate media than other landfills and thus, that its assumption

was a relatively conservative one,It

I 33110Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

nevertheless believed the co-disposal assumption tobe reasonable, first, because wastes are customarily landfilled, second, because most categories ofwaste have the potential to be disposed ofin municipal waste landfills, third, because the predicted degree ofcontaminant concentration in leachate could occur with respect to wastes which are not likely to be disposed ofin municipal landfills and fourth, because Congress expressed particular concern about the disposal of toxic wastes in municipal landfills. EPA also realized its assumption that the landfill overlies a groundwater aquifer

was a relatively conservative one. It believed, however, that this assumption

was consistent with its concern for the disposal ofwastes in environmentally sensitive areas and with the fact that a groundwater body, once contaminated,
may remain contaminated for a number ofyears. Furthermore, it believed this assumption to be somewhat mitigated by its further assumption that there would be some attenuation in the concentration oftoxicants in the leachate between the point the leachate leaves the disposal site and the point the toxicants reach environmental receptors.

Taking these assumptions as its framework, EPA developed the EP test
to simulate the physical processes which would occur in an actual landfill characlerized by thdse assumptions. To simulate the acidic leaching medium which occurs in actively decomposing municipal landfills, EPA chose to employ an acetic acid leaching medium with a pH of5.0 (_0.2). To simulate the leaching process, EPA specified a procedure requiring mixing ofthe solid component ofthe waste with the acidic leaching medium for a period of24 hours. To duplicate the attenuation in concentration expected to occur between the point ofleachate generation and the point ofhuman or environmental exposure, EPA applied a dilution factor of 10 to the concentration oftoxic constituents observed in the test
extract.

EPA was convinced that the proposed EPrepresented a valid and acceptable
testfor identifying wastes likely to leach toxic constituents into groundwater. Because, however, this test was innovative in character and reflected a fair amount ofgroundbreaking inquiry, it drew the greatest response from the public ofall the test protocols utilized in identifying the characteristics. The most important ofthese comments are discussed below.

A number ofcommenters expressed disagreement with EPA's proposed use ofa 10-fold dilution factor to calculate the attenuation in toxicant concentration expected to occur between the point at which the leachate leaves the waste and the point ofhuman

or environmental exposure. Some commenters thought that the 10-fold dilution factor was too liberal and that

no dilutionfactor would be more appropriate. The majority felt that the 10-fold dilution factor was too conservative and that a higher dilution factor would be more appropriate.

Choosing an attentuation factor which reasonably represents the amount of attenuation likely to occur in the real world was one ofthe most difficult problems EPAfaced in formulating the EP-a problem which reflects in microcosm many of the difficulties of modeling complex physical processes with a short term test. As leachate migrates verticdlly from the landfill site towards the groundwater strata, a number ofattenuating processes can occur-including adsorption, absorption, ion exchange, filtration, and dilution. When the leachate enters the groundwater zone its movement changes from vertical to horizontal and it will tend to form a slug orplume of contaminated water rather than mix generally with the groundwater flow. This plume ofcontaminants may experience some dilution, depending on the local geology, the groundwater flow, and the nature ofthe contaminants. Once the plume of contaminated water is drawn into a pumping well, some further dilution tends to take place, depending upon the amount ofwater withdrawn and the rate at which it is withdrawn. Unfortunately, all these attenuation mechanisms are dependent upon site specific conditions. While

some sites may exhibit attenuation of 500-fold, others will exhibit very little attenuation at all. Moreover over time, a site that originally exhibits 500-fold attenuation may become so saturated that the attenuation mechanisms no longer work and the site begins to flush
at the samerate atwhich it is charged.

In order to formulate a reasonable dilution factor,EPA assumed in the proposed regulations that leachate from the landfill passed unattenuated through the soil underlying the landfill to the groundwater zone and that drinking
water wells were situated 500 feet down gradient from the landfill site.Relying

on projections from a mathemalical modelwhich incorporated these assumptions and on empirical data from field analyses, EPA concluded that a dilution factor of 10 was a conservative, butreasonable, figure. EPA has had an opportunity to carefully re-evaluate its original choice ofa dilution factorand is now ofthe opinion that the 10-fold dilutionfactor

was inappropriate. Anumber of considerations have prompted it to come to this conclusion. In the firstplace, EPA is concerned that, while the dilution factor plays a critically important role in determining the scope ofcoverage ofthe EP, there is relatively little empirical data uponwhich to base such an attenuation factor. Itis consequently somewhat troubled by its assumption that the soil underlying the landfill is a delay mechanism only and that there is

no attenuation in the concentration of toxic contaminants between the point of actual leachate generation and arrival at the groundwater aquifer.Second, in view ofthis uncertainty,EPA attaches

someimportance to the fact that there is

no variance or "delisting" procedure for
wastes which fail the EP.This absence of avariance procedure, while perfectly permissible, tends to magnify the consequences ofa wastesbeing anomalously brought intothe system by the EP.Third, EPAbelieves the EP to be

a somewhat less precise instrument than the listingmechanism for determining hazard, inasmuch as the EP fails to take into account factors such as the concentration oftoxicants in thewaste itself and thequantity ofwaste generated which could have a bearing

on the hazardousness ofthe waste.EPA consequently prefers to entrust determinations ofmarginal hazard to the listingmechanism rather than to the EP.

On the basis ofthese considerations, EPA has decided, pending the completion offurther studies,to alter the proposed dilution factorby adopting an attenuation factor of100. EPAis adopting a 100-fold attenuation factor because itis confident that anything which fails the EP at this factorhas the potential topresent a substantialhazard regardless ofthe attentuation mechanisms atplay.Ifforthcoming studies demonstrate that another attenuation factoris more appropriate EPA will adjust the dilutionfactor accordingly.

EPA does not intend this alteration in the dilutionfactor to constitute what maybe perceived as anuntoward relaxation ofthe EP.It is simply electing
to exercise a degree of caution in the face ofthe lack ofempirical substantiation forits EP leaching testto

ensure that the EP only captures wastes which are certain to present a substantial hazard. Since this alteration of the attenuation factoris based as much on EPA's desire to engage in33111Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

cautionary rulemaking as on an " environmental re-evaluation ofthe attenuative processes which influence concentrations in leachate, EPA has listed and intends to continue to list
wastes which have extract concentrations ofless than 100-times drinking water standards. This listing will to a significant degree compensate for the alteration in the attenuation factor and will prevent the overall
coverage of the Subtitle C regulations from being measurably reduced.

A number ofcommenters argued that EPA improperly based the EP on a mismanagement scenario which assumed co-disposal in the acidic environment ofa municipal waste landfill. These commenters generally argued that the co-disposal assumption is inapplicable tonumerous classes of
waste which are never co-disposed with municipal Wastes and which do not leach at the aggressive rates characteristic ofco-disposal situations. These commenters suggested that EPA employ an alternative leachate medium, such as distilled water, for those^ wastes which are unlikely to be co-disposed with municipal wastes.

EPA disagrees with these
commenters. EPAbelieves that the level ofleachate concentration predicted by the EP is reasonably in keeping with the concentrations which could realistically

occur in most waste management situations and that employment ofan acidic leaching medium is therefore appropriate. Most wastes, even those which are unlikely to be disposed ofin a municipal landfill, are likely to come into contact with some form ofacidic leaching media during their management histories or could otherwise encounter environments which could cause them
to leach comparable levels oftoxic constitutents. Furthermore, inasmuch as the phenomenon oflong term leaching is
not well understood and there is no

consensus within the scientific community on a short term leaching test, EPA believes ithas the power to employ

a leaching model which fails to take into
account the physical processes affecting particular generators even ifthis model

errs on the side ofcaution. See, Ethyl Corp.v. EPA, 541 F.2d 1, 24-29 (D.C. Cir. 1976 enhanc);Hercules,Inc.v.EPA, 598 F.2d 91, 104-106 (D.C. Cir. 1978).

In any event, the change to an attenuation factor of 100 lays to rest the

concerns of those who argued that the acidic leaching medium was too aggressive to apply to them.EPA is quite convinced that any waste which fails the EP at the 100-times standard presents the potential for substantial hazard ifimproperly managed no matter what leachingmedia it is actually exposed to.

. A number ofcommenters argued that the EP is not sufficiently reproducible for usein-defining hazardous waste. Some commenters, basing their argument on studies which have been conducted on the reproducibility ofthe EP, argued that these studies demonstrate an unacceptable variability in the results obtained by the EP. Other commenters', who did notbase their arguments on these studies, argued simply that EPA hasnbt shown-the EP to be reproducible and therefore may not appropriately employ the EP in a regulatory framework.

EPA disagrees. Sensitive throughout the process ofdeveloping the EP to the issue ofensuring reproducibility, EPA commissioned anumber,ofstudies to evaluate the EP, including a study by the NUS Corporation, a study by the American Electroplaters' Society, and

an ongoing study being conducted by the Oak Ridge'National Laboratory. In addition, a study commissioned by the Electric Power Research Institute (EPRI) has been completed. None ofthese studies present enough data-to draw any hard and fast conclusions; However, data from the EPRI report-the only report which was able to separate out the reproducibility ofthe EP from the reproducibility of the analytical procedures-suggests that the reproducibility of the EP itselfis ofthe

same order ofmagnitude as the analytical procedures used to analyze ,the toxic constituents in the extract. Since these analytical procedures have proven to be widely acceptable to private industry,EPA believes that the EP should also prove acceptable.

EPA concedes that the preliminary data indicate some variabilityin the results obtained by the EP. This, however, is true ofall analytical procedures and testmethods, especially those which are novel in character. Furthermore, variability can be easily corrected byrunning.further replicates ofthe test to achieve greater certointy in theresults. To accommodate any , problems with variability, EPA intends to provide generators with guidance on the number ofextractions which they

can perform ifthey want to ensure confidence in the result. In addition, EPA is engaged in research studies which will enable it to further isolate and get a handle on the causes ofthis variability.-

A number ofcommenters argued that extract from the EP should be tested for toxic contaminants other than those specified in the National Interim Primary DrinkingWater Standards. EPA originally intended the extraction procedure to identify toxic contaminants other than those specified in the National Interim Primary Drinking Water Standards. EPAhas been unable to-do this, however, because no other chronic exposure threshold levels relating to drinking water consumption have been established for other contaminants. This should not cause a problem, because EPA is regulating
wastes containing non-drinking water standard contaminants through the listingprocesi. EPA will reassess its position on this issue, when thresholds

are developed foradditional contaminants or when the Clean Water ActWater Quality Criteria are adopted in final form.

The proposed EP required generators to separate the liquid and solid portions oftheir waste as the first step ofthe procedure, basedon the assumption that the liquid portion of the waste would flow out ofthe landfill independent of any leaching action. Generators were then required to mix the separated solid portion with the acidic leaching medium and, after a further separation, combine the resulting extract with the originally separated liquidportion for analysis. EPA gave generators the option ofusing either centrifugation or filtration to perforfa the initial solid-liquid separation and to perform the subsequent separation ofsolid from leaching solution. However, information obtained since publication ofthe proposed regulation indicates that use of centrifugation alone is not as efficient as filtration and can lead to carryover of particles larger than 0.45 um. Since a filterthe size of0.45 am was originally selected because particles larger than 0.45 um are expected to be filtered out by the soilprior toreaching the groundwater, EPA has revised the EP to require filtration ofboth the liquid portion and the extract prior to analysis.

A number ofcommenters said they encountered severe operational problems when performing the EP on liquids containing very small percentages ofsolids. To accommodate this problem, EPA is amending the proposed regulation sogenerators need not perform the EP on liquids containing less than0.5%solids. Instead, the liquid itself,after filtration, should be considered the extract and directly analyzed for its toxic constituents.
VII. Subpart D
A. Sections261.31and 261.32 (Hazardous WastesFromSpecificand Non-SpecificSources)

1.Methodology forListingHazardous Waste Streams.Detailed justification I I I I 33112Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

forlisting each hazardous waste in Subpart Dis contained in specific background documents, and so will not be setforth in thispreamble. The general methodology used to support listings will, however, briefly be described.

The listing documents are based on the listing criteria contained in §261.11. The documents are organized in the following sequence: (1) A summary of the Administrator's basis forlisting each identified waste stream; (2) a brief description ofthe industry (or industries) generating the listed waste stream; (3a) a description ofthe manufacturing process or other activity which generates the waste, (3b) identification ofwaste composition, constituent concentrations, and annual quantity generated.1 and (3c) a description ofwaste management methods; (4) a discussion ofthebasis for listing each waste stream (described

more fully below]; and (5) a summary of the adverse health effects ofeach ofthe waste constituents ofconcern. The documents also contain appendices describing inmore detail the adverse health effects ofthe waste constituents ofconcern, and (forcertain documents). compiling afailable environmental fate and transport data (including data on waste constituent solubility, volatility, and environmental persistence) for each such waste constituent.

a.Basis forListing Toxic Wastes. (1) Outline ofListing Discussion.

Forhazardous wastes listed because they meetthe criteria oftoxicity, the discussion ofthe basis for listing identifies the waste constituents of
concern, whether these constituents are present in significant concentrations, and the hazards associated with each waste constituent. The discussion then addresses whethe these waste constituents, ifthe waste are managed improperly, could migrate fromwaste management sites, persistin the environment, and reach environmental receptors so as to cause substantial hazard. The analysis generally follows a physical continuum: whether waste constituents are inherently capable of migrating from the matrix ofthe waste in concentrations sufficient to cause substantial hazard, whether waste mismanagement could lead to environmental release of the migrating
waste constituents, and whether waste

'Waste composition and constituent concentrations havebeen determined eitherby actual analysis ofwaste samples, through literature searches, or on the basisofprocess engineering and process chemistry assumptions. When process assumptions are used to identify waste constituents and concentrations, the bases for the assumptions

are contained in the document. constituents are mobile and persistent enough toreach environmental receptors and cause substantial hazard upon environmental release. In some cases, actual damage incidents involving the waste or waste constituents demonstrate empirically that waste constituents may migrate, persist, and cause substantial harm if mismanaged. 2

A word as to the types of mismanagement situations considered. The Agency has limited its discussion to waste management situations which couldplausibly occur with regard to the waste atissue. In the Agency's view, the hazard posed by a waste are not "substantial" (Section 1004(5)(B)) if hazards could arise only as a result of implausible types ofwaste mismanagement. Thus, the Agency would not examine possible hazards arising fromimproper waste incineration ifthe waste in question is not likely tobe incinerated. On the other hand, the fact that a waste is properly managed by particulargenerators or particular classes ofgenerators does not make the waste non-hazardous, as the statute requires that EPA determine whether a waste is hazardous if substantial hazard couldresult when wastes are "improperly treated, stored, transported, ordisposed of,or otherwise managed." The potential ofthe waste to

cause hazard is therefore the key factor. Consequently, ifmost or all generators ofan otherwise hazardous waste dispose ofthe waste properly, for example in lined lagoons, the Agency may still consider hazards which could result from improper waste lagooning.3

(2) Relative Importance Attached to Identity ofWaste Constituents and Constituents' Transport and Fate in Making Toxicity Listing Determinations.

It must be emphasized thatin making listing determinations, the Agency's principal focus is on the identity ofthe waste's constituents, and on constituent concentrations in the waste and the
nature of the toxicity presented by the constituents. Where a waste contains significant concentrations ofhazardous waste constituents, the Agency is likely
to list the waste as hazardous unless it is evident that the waste constituents

are incapable ofmigrating in significant concentrations even ifimproperly

=Other factors identified in I milaI(al3) are also considered when relevant, and when information is available. These factors include the quantities of waste managed, and actions ofother gove-nmental agencies orregulatory programs with regard to health orenvironmental hazards posed by the waste orbywaste constituents. lIndeed. inthis hypothetical example, the fact thatan industry takes special precautions in managing the waste suggests that the industry itself regards the waste as hazardous. managed, or that thewaste constituents

are not mobile or persistent should they migrate. This is particularly true where the waste constituents include suspect

orproven carcinogens. As EPA recently stated, "(T)here is no scientific basis for estimating 'safe' levels of carcinogens. The draft criteria forcarcinogens therefore state that therecommended concentration for maximum protection ofhuman health is zero." (EPA Water QualityCriteria, 44 FR 15926.15930 (March 15,1979).) Thus, ifsuspect or known carcinogens are present, an additional cancer mayresult should the waste constituent migrate and reach a receptor in any concentration, certainly

a sufficient risk to constitute a "substantial present orpotential hazard" (Section 1004(5)(B)). In this situation, the Agency would require virtual assurance that waste constituents willnot migrate andpersist ifimproperly managed tojustify a decision notto list the waste.

The Agency therefore does not seek to demonstrate thatwaste constituents will migrate and persist in sufficient concentrations to cause substantial hazard.Rather, fate and transport information is relevant to show thatthe potential forharm inherent in thewaste (by virtue ofits composition) will not eventuate. But, as stated, there must be

a very strong likelihoodthat hazardous constituents are unable to migrate or persist to cause substantialharm before the Agency will decide not to list a waste.4

The Agency believes that this methodology is fully in accord with statutoryrequirements. Thus, this approach accords with the requirement ofSection 3001(a) that environmental fatebe considered in identifyingwastes

as hazardous. At the same time, thekey focus is on the inherent potential of waste constituents to cause substantial harm. in accord with the definition of hazardous waste, which requires only that a waste "may pose a substantial presentorpotential hazard" tobe hazardous. (Section1004(5)(B], emphasis added.)

(3) Data Base forToxicity Listing Determinations.

TheAgency anticipates arguments that these toxicity listing determinations

are made on the basis ofinadequate data, and thatlistingsbe deferred until further information is gathered. EPA recognizes that these listing

4§ 2611.11(a)(3) reflects thatthewastes composition is the key factor in determining tolist
wastes as hazardous, since wastescontaining enumerated constituents are to belisted unless consideration ofparticular additional factors demonstrates that the wastes donot meet the statutory hazardous waste dermition. 3311333114 Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

determinations are essentially qualitative judgments, generally involving expert assumptions based onavailable physical data rather than precise field determinations ofwaste composition or ofhow the wastes will
act under identified conditions. However, the statute requires only that

a qualitative judgment be made, namely that the wastes, ifmismanaged, pose sufficient potentiality ofhazard to warrant careful regulation. The Agency believes that it has compiled sufficient information on which to make this judgment. Nor would the delay necessary to compile in-depth (though quite likely cumulative or redundant) information on potentially hazardous
wastes be sufferable in light ofthe urgent need for rapid implementation of the hazardous waste management program.5 In any case, opportunity is afforded by means ofa new comment period for affected parties to present additional information on the listed
waste streams, and such comments are solicited.

b. Basis forListingIgnitable,Corrosive, ReactiveorEPToxic Wastes

The basis for listing ignitable, corrosive, orreactive wastes is much simpler. These wastes, to be listed, must possess the appropriate characteristic, and the listing discussion is directed toward making this demonstration.

2. LegalAuthoritytoList Wastes Generically. A number ofconimenters challenged the Agency's legal authority
to list wabtes generically. They stated that under Section 3001(b), the Administrator is to list "particular 'hazardous wastes," arguing that this language requires wastes to be listed individually,rather than as a generic class. These commenters also argued that the statute's legislative history supports their view, noting that the House report to RCRA states that "the Administrator shall promulgate regulations identifying andspecifically listingthose hazardous wastes subject
to this title." H.R. Rep. at 56 (empasis added). The Agency disagrees with this interpretation. Although Congress clearly intended to distinguish the promulgation ofhaiardous waste characteristics from the listing of hazardous wastes, there is no clear indication that Congress further intended to lfinit the Administrator's discretion by precluding listing of classes ofwastes. In the Agency's view,

'See, e.g.,Report onHazardousWaste ManagementandtheImplementationofthe ResourceConservationand RecoveryAc Senate Subcommittee on Oversight ofGovernment Management of the Senate Committee on Governmental Affairs, 96th Cong., 2d Sess.7(1980]. a class ofwastes may be listed generically so long as most ofthe
wastes in the class are typically or frequently hazardous, and so long as the listing description is sufficiently specific and particularized for individual generators to determine whether their
wastes streams are included within the listing.

Thus, Section 3001(a), far from prohibiting listing ofwastes by classes, simply distinguishes the use ofcriteria
to idenfity hazardousness characteristics and to identify listed hazardous wastes.

The Administrator shall * * develop and promulgate criteria for identifying the characteristics ofhazardous waste, and for listinghazardous waste * * *
Section 3001(b) carries forward this distinction:

[Tihe Administrator shall promulgate regulations identifying the characteristics of hazardous waste and listingparticular hazardous wastes * * * Such regulations shall be based on the criteria promulgated under subsection [a) * * *,

To argue that Section 3001(b) was intended to bar any listing ofwastes by class consequently reads far too much into the language ofthat provision. Indeed, Section 3001(a) does notrefer to listing ofparticular wastes. This wording certainly militates against attaching too much importance to the reference to "particular wastes" in Section 3001(b). 6

The legislative history likewise indicates that Congress' concern was that the identification ofwastes through characteristics or through listingbe regulatorily distinct mechanisms, and that the listing criteria not be confused with hazardous wastes themselves, not that generic listingbe prohibited. The House report toRCRA thus refers to a "bifurcation ofdeveloping the criteria for what is ahazardous waste separate from the identification and listing ofthe hazardous wastes * * * " and cautions that "the critera for determining what should be considered hazardous should
not be confused with an actual hazardous waste * * *" H.R. Rep. at 25.

Moreover, Congress itself,in the principal report to RCRA, used generic

'In any case, the words "particular" and "specific" donot necessarily connote "individualized." Forinstance, thefirst definition of "specific" in Webster's New Collegiate Dictionary is "constituting orfalling into a specifiable category." Similarly,the same source defines "particular" as "distinctive among others ofthe

same general category." Thus, the statutory language, far from requiring individualized listing, requires that listing be done with sufficient particularity to distinguish listed andunlisted
wastes. waste descriptions to identify hazardous
wastes involved in damage incidents. Examples include identification of "electroplating wastes" (H.R. Rep. at 18), waste "petrochemicals" (id.at 18, 19], and "munitions waste" (id.at 20). This means ofidentification again suggests strongly that Congress envisioned generic identification as a
means ofbringing hazardous wastes into the Subtitle Cmanagement system.

Some commenters went on the argue that the statutory requirement to take factors such as toxicity,persistence, potential for bioaccumulation, quantity, and concentration into account in making listing determinations (see Sections 3001(a) and 1004(5): see also H.R. Rep. at 25) demonstrates Congresssional intent to prohibit gqnerlc listings because "(t)hese factors by their very nature are specific toparticular hazardous waste rather than to generic categories." (Comments ofDow Chemical Co., October 1O, 1979, p. 10). The Agency again disagrees. A class of wastes may exhibit sufficient unformity ofhazard to warrant listingon a class basis. (The Agency ofcourse, must demonstrate that sufficient uniformity exists or islikely to exist). Furthermore, the commenters' argument, taken to Its logical conclusion, would mean that the Agency could only list wastes on a generator by generator basis, since waste streams will vary to some degree with respect to these factors depending upon the precise composition ofthe individual waste (although the degree of difference ordinarily will not be of regulatory significance). Yet Congress clearly did not envision site-by-site listing.

The Agency therefore intends to list generically those wastes which demonstrate a reasonable likelihood of hazard as a class. The listing descriptions will be sufficiently specific to allow generators to determine if their wastes are covered, and, as discussed above, the listing ofwastes will be distinct from their identification by

means ofhazardousness characteristies. This approach, we believe, is fully in accord with Congressional intent.

3.ChangesinProposedWasteListing Descriptions andProposedWasteLists, Certain ofthe waste listing descriptions proposed in December, 1978 have been revised in the lists contained in §§261.31 and 261.32. These changes generally were made to clarify where in the process wastes are generated so as to enable generators to determine more easily iftheir wastes are listed. Since the coverage ofthese clarified listing descriptions remains identical with theFederal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

proposal, the revised descriptions are not being reproposed.

Certain other listed waste streams arise outofwaste generation processes listed in the December proposal, but are newly identified. These waste streams

are being proposed today, rather than issued in interim final form.

Finally, some ofthe waste streams initially proposed are not contained in the present listofwastes. The Agency's

reasons for this action are discussed in Section IIA.

B. Section261.33 [Discarded CommercialChemical Products,OffSpecificationSpecies, Containers, and SpillResidues Thereof)

The proposed regulation contained three appendices listing a variety of materials which the Agency proposed to treat as hazardous waste ifdiscarded. Appendix I listed selected cancelled pesticides or pesticides undergoing RPAR (Rebuttable presumption against registration) review within the Agency that were not listed elsewhere in the proposed regulation. Appendix IV listed selected substances regulated by the Department ofTransportation (DOT) and classified as Poison A, Poison B, or ORM-A that were also not listed elsewhere. Appendix V listed substances which are being regulated as toxic priority pollutants under the Clean Water Act. In addition to the substances themselves, the regulation proposed to regulate (1) off-specification materials, which ifthey had met specifications, would have been shipped using the

names ofthe substances listed in these appendices (2) containers, unless triple rinsed, containing the materials listed in the appendices, and (3) spill clean-up residues and debris from spills of materials listed in these appendices. Subsequently, in a supplemental proposed rule, EPA published another appendix (Appendix XII) listing thirtythree chemicals found to be human carcinogens or potential human carcinogens by the International Agency forResearch on Cancer. 44 FR 49404 (August22,1979). In the proposed regulation, these materials were to be subject to the general exemption level of 100 kg/mo. Quantities ofthese materials below this level were not subject to full Subtitle C iegulation.

In listing these materials in the proposedTule, EPA intended to encompass those chemical products which possessed toxic or other hazardous properties and which, for various reasons, are sometimes thrown
away inpure orundiluted form. The

reasons for discarding these materials might be that the materials did not meet required specifications, that inventories werebeing reduced, orthat the product line had changed. The regulation was intended to designate chemicals themselves as hazardous wastes, if discarded, not to list all wastes which might contain these chemical constituents. In drawing up these lists. the Agency drew heavily upon previous work by EPA and other organizations identifying substances ofparticular

concern.

On the basis ofcomments received and also EPA's own re-examination of the proposed rule, we have substantially revised thisregulation. In the final regulations, commercial chemicals are treated in two separate provisions. First, substances listed in §261.33() of the regulations are considered hazardous wastes ifthey or their off-specification species are thrown away in their pure form. These substances are regulated in the same manner as other hazardous wastes and are subject to thegeneral exclusion level in §261.5 (a) and (b) for the generation ofsmall quantities of hazardous waste. Second, a number of the substances, which meet the criterion for listing acutely hazardous wastes, are separately listed in §261.33(e). This section applies to the chemical substances ifthey or their offspecification species are thrown away in theirpure form, containers and inner liners containing these materials, and spill residue and debris created by spills ofthese listed materials. Section 261.5(c) establishes low quantity exclusion levels for these acutely hazardous materials.

1. Section261.33(f) (Commercial Chemical Products).A number of commenters stated that, as proposed, the materials listed in the various appendices were not tied to any ofthe criteria forlisting, and, accordingly, the

reasons for their listing were unclear. The Agency agrees that the basis for its proposed listings was not adequately specified. A table accompanying the background document on commercial chemical products sets forth the specific basis for including each substance on the listpublished today.

Commenters also expressed some uncertainty as towhether the proposed regulations made hazardous anywaste that contained the listed substance as a constituent of the waste. The intent of the regulation was to encompass only those materials which were being thrown away in theirpure form or as an off-specification species ofthe listed material, as well as the contaminated residues and debris fromthose materials. The final regulation has been redrafted to limit the application ofthis section to the commercial chemical product itself,its off-specification species and derived spill residues and debris.

Several commenters argued thatthe wholesale incorporationi oflists developed byEPA or otherFederal agencies for otherregulatory purposes
was not appropriate. In theproposal, EPA had, forexample, listed all materials that DOT lists as ORM-A materials pursuant to its authorityunder the Hazardous Materials Transportation Act. A number ofcommenters argued that these substances should notbe listed by EPA because DOT's basis for listingused different criteria-the potential for interfering with transportation. DOT's standard is very broad and somewhat vague; ORM-A material is one thathas "an anesthetic, irritating, noxious, toxic orsimilar property which can cause extreme annoyance ofdiscomfort to passengers and are in the event ofleakage during transportation." 49 CFR 173.500(a)(1).

EPA agrees with these comments and, rather than adopting lists ofsubstances

on a wholesale basis,has evaluated each againstEPA's criteria for listing. Included in §261.33(f) are those chemical substances which are toxic and which meet the listing criteria set forth in §261.11(a)(3). These hazardous properties have been documented in EPA rulemaking, studies and other materials, including health effects documents prepared in support ofthese regulations materials supporting RPAR actionsbackground documents supporting National Interim Primary Drinking Water Standards, materials produced byEPA's Cancer Assessment Group and, in the case of chlorofluorcarbons, documents supporting regulations under TSCA.

This approach has led to certain deletions from thelists ofhazardous wastes contained in theproposed rules. A table accompanying the background' document setsforth the disposition ofall 295 chemicals originally listed in the proposed rules. Eight substances have been deleted from the list because they did not meet any ofthecriteria for listing hazardous wastes; sixteen were deleted because thelisting description

was notprecise enough to enable generators to determine whether particular materials fellwithin that description. Examples ofthese deletions

.are "medicines N.O.S." and "motorfuel antiknock compound." Inaddition, thirty-one substances arenot presently listed because EPA lacks data to assess thepropriety oflistingthem on thebasis of the listing.These substances are presently underreview bythe Agency to 33115Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

determine whether they should be included on the § 261.33(f) list.

This process has reduced the chemical products listed, to those substances which are demonstrated to pose a substantial threat to human health or the environment. These materials, their off-specification variants, and contaminated residues and debris from the spills ofthese materials are subject to full regulation under Subtitle Cin the

same manner as otherhazardous wastes.

2. Section261.33(e)(Commercial. Chemical Products].In considering the hazards presented by commercial chemical products, EPA recognized that

some substances in theirpure formpossessed extremely hazardous properties. To account forthese substances, EPA has established a new criterion for listingwhich examines the potentially lethal capacity ofchemical substances in very small quantities. The basis forthis criterion is explained in section V.B. above.

Applying this criterion to the proposed lists ofchemicals products has led the Agency to list 122 substances in § 261.33(e). As with the substances listed in § 261.33(f), theregulatory language has been clarified to restrict the application ofthis section to chemical products, or their offspecification species, and not to wastes which contain these materials as a constituents. Because oftheir acutely hazardous nature, however, containers and inner liners which contained these materials and spill cleanup debris and residues resulting from spill ofthese materials are also included. r

At the suggestion ofcommenters, EPA also reviewed chemical substances on the TSCA inventory list for inclusion on the § 261.33(e) list. A number of those substances do meet the acutely hazardous criterion and accordingly have been added to the list.However, because all interested persons have not had an opportunity to comment on the listing of these materials, the Agency is promulgating them-in interim final (together with the remainder ofSubpart D).

The final regulations establish stringent quantity cutofflevels for materials listed in §261.33(e). Inthe proposed regulation, all hazardous wastes in quantities generated or disposed ofat rates greater than 100 kg/

mo were subject to full Subtitle C regulation. Although the Agency recognized that many, ifnot all, ofthe proposed chemicals listed possessed acutely hazardous characteristics, it did not propose lesser limits for these substances because,the general exclusion level-less than 1/2 ofa 55 gallon drum-appeared sufficient to regulate most of the chemical products that would be thrown away. For the

reasons discussed in section IV.E., above, the general exclusion level has been raised to 1000 kg/mo. This higher level undercuts the original rationale for proposing a single exclusion level for all hazardous wastes. Many commenters urged that EPA employ a degree of hazard system for determining exclusion levels, for allocating Agency resources and determining priorities, and for establishing management standards. Although EPAis unable to adopt a degree ofhazard system, we agree with the commenters that considerations of hazard are appropriate in establishing quantity exclusion levels for those substances which posses acutely hazardous properties. The criterion used in listing these substances ensures that those materials that are listed in § 261.33(e) are those which are lethal in very small quantities.

Accordingly, the Agency has adopted
very low exclusion levels for these chemical products and their offspecification variants, containers and innerliners which contained these materials, and spill residues and debris. The selection of these levels reflects the judgment ofthe Agency that, although

even lesser quantities may be hazardous, the levels selected, on the basis ofprobable exposure scenarios,

are sufficient to minimize the threat to human health and the environment while enabling the Agency to implement and enforce these regulations. The one kilogram level for the chemicals will, in the Agency's judgment,bring under full regulation Virtually all ofthe substances being thrown away. The quantity limit for containers which have not been triple rinsed (20liters) represents the Agency's judgmeni ofprobable exposure and consequential injury from the use of discarded containers. The Agency has records ofdamage incidents resulting from improperly disposed containers that occurred when people salvaged large containers for such uses as garbage containers aid barbecue pits. The levels chosen forinner liners and spill residue and debris represent the

same type ofjudgment based on probable exposure.

A number ofcommenters suggested that the-proposed rule regarding containers be revised. The proposal had included within its scope all containers which had not been triple-rinsed. Some
commenters argued that there wereother effective ways ofcleaning containers and therefore the rule was unduly restrictive. One commenter pointed out, for example, that the EPA
I registered label for certain pesticides requires different rinsing procedures from thbse specified in the proposed, rule. EPA agrees with these comments and has revised the regulation to allow other cleaning methods provided they

are equally effective.

The listing of-spill residues and debris attracted several comments. One commenter suggested that small quantities ofcontaminated spill clean-up be excluded. EPAhas, in the final regulation, excluded aggregate amounts ofless than 100kilograms. Another commenter felt that EPA should define the term "spill debris" more precisely to avoid including wrecked rail cars or trucks. EPA has chosen not to exclude such debris by definition. If contaminated, these itemspose a substantial threat to human health and the environment and should be handled carefully. EPA presumes, however, that in virtually all cases, heavy equipment

can be decontaminated and therefore willnotbecome part ofthe contaminated debris.
C.Delisting

EPA's-proposed regulations contained procedures allowing a person to show that a listed wastegenerated by an individual facility was nothazardous beause ofplant-specific variations in

raw materials, processes or otherfactors (§250.15). These demonstrations ofnonhazardousness were to be based on the results ofspecific tests for each ofthe hazardous properties for which the waste was listed (§250.15(a)) and submittel and processed in accordance with procedures setforth in §250.15(c) through (h)ofthe proposed regulations.

Although virtually all commenters supported the concept ofa "delisting" process in principle, most were dissatisfied with the specifics ofEPA's proposal. Many criticized the delisting standards as being too inflexible, too vague, and based on tests which EPA itselfwas unwilling to propose as characteristics oruse as listing criteria;

some specifically urged that other factors-including how a waste was managed at an individual facility-be considered in determining whether a waste shouldbe delisted. Other
commenters objected to the procedures themselves, urgingEPA to provide trialtype hearings on delisting petitions, extensive procedural safeguards and multiple administrative appeals.

After re-examining its proposed regulation and considering public comments, EPA has concluded that its .delisting procedures should be revised and simplified in fourmajor respects,

First, EPA has concluded that the delisting ofa waste from aparticular I I I I 33116Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

facility is really a modification of its original listing determination and therefore should take the form ofa regulatory amendment to the lists of
wastes in Subpart D. The informational requirements for petitions to amend SubpartD to exclude wastes from a particular generating facility are set forth in §§ 260.20 and 260.22 ofthis Chapter.EPA will follow the Administrative Procedures Act's informal rulemaking procedures in acting on them (see§ 260.20).

Some commenters argued that EPA's delisting regulations should provide for elaborate adjudicatory hearings with administrative lawjudges. EPA thinks such procedures would be unduly costly, burdensome and time-consuming and that the relevant issues can be adequately aired and decided in informal rulemaking procedures. EPA is

on firm legal ground in this regard, for RCRA requires only informal rulemaking here. The Supreme Court has recently confirmed that an agency need not provide more formal procedures than

are specifically required by statute (Vermont Yankee v.NRDC,435 U.S. 519, 524 (1978)).

The second major change which EPA has made in its delisting procedures pertains to the effect offiling a petition. In its proposal, EPA stated that a requested exclusion would take effect 90 days after submission, but that the Administra.tor could revoke the effectiveness at any time thereafter simply by disapproving the demonstration (§ 250.15(d)). In the regulations promulgated today, no exclusion will be deemed effective until either fi) EPA has taken final action under § 260.20(e), or (ii) EPA has granted

a temporary exclusion on the grounds of substantial likelihood ofsuccess under § 260.22(m).

EPAhas concluded that itwould be inappropriate to consider a delisting petition effective until EPA has taken

some affirmative action in response. Once a listing has been established through rulemaking procedures it must be presumed valid, and those seeking to amend any portion ofit should have the burden ofiestablishing the correctness of their position. The proposed provision allowing a demonstration to become effective without EPA action improperly shifted the burden. At the same time,

new § 260.22(m) will benefit generators because EPA will be able to grant temporary exclusions in appropriate

cases before the rulemaking process is complete.

The thirdmajor change which EPA has made to its proposed delisting regulations is tokey the standards for approving a delisting petition to the criteria which EPA used to list the waste in the first place. This approach not only is consistent with EPA's decision to treat delisting as arulemaking, but also is responsive to commenters' criticisms thatEPA's proposed delisting standards

were unrelated to its listing criteria. Moreover, because the listing criteria have been substantially clarified and expanded (see section V.B.), it is also responsive to objections that those standards were vague, inflexible and failed to consider the multiple factors which might cause a waste to be hazardous.

Two points concerning the standards forgranting a delisting petition are deserving ofspecial comment. First. the fact that a waste is properly managed by an individual facility is notgrounds for delisting it, any more than the fact that a waste is generally properly managed by industry is grounds fornot listing it (see section VII.A.). Second, in the case ofa waste which has been listed for acute toxicity, agenerator will berequired to show not only that the waste does notmeet EPA's acute toxicity criterion but also thatit does not meetits general toxicity criterion. Although an off-specification acutely toxic waste or a mixture containing an acutely toxic waste may no longerbe deadly, it piay still continue to pose a substantial hazard tohuman health and the environment.

The final major revision which EPA has made in itsproposed regulations relates to the effect ofsuccessful delistingpetition. Under the regulations published today,a decision to exclude a waste from the hazardous waste lists in Subpart Dis not a decision that the waste is not hazardous. It simply relegates the waste to the same general category as any other unlisted wastei.e., ifthe waste exhibits one ofthe characteristics, it mustbe regulated as hazardous waste. This approach is necessitated by the fact thatwastes from individual facilities may exhibit characteristics not exhibited by waste in general and that, in deciding to list a waste, EPAhas not tested it against every one ofthe characteristics.
VIII. Environmental, Economic and Regulatory Impacts

In accordance with Executive Order 11821, as amended by Executive Order 11949, and Executive Order 12044, EPA 'has prepared an Environmental Impact Analysis and a Regulatory Analysis of all ofits Section 3001 through 3004 regulations. The Agency has also voluntarily prepared an Environmental Impact Statement for these regulations under the National Environmental Policy Act, 42 U.S.C. 4321 etseq. Copies ofthese documents, andEPA's Reports Impact Analysis and Operations Resources Impact Analysis for Sections 3001 through 3004, may be reviewed in all EPARegional Office Libraries, and at the EPA headquarters library, Room 2404, 401 M Street, S.W., Washington, D.C. 20460. Appendix A-Scheduled June Promulgation

Generics
1. Paint residues generated from

industrial painting 2. Wastewater treatment sludges from

industrial painting [Comment: The above two listing descriptions have been changed fromthose originally proposed on December 18,1978 (43 FR 58957) as: Paint wastes (such as used
rags, slops latex sludge, spent solvent); Water-based paintwaste; and Waste paint and varnish remover

or stripper.]

ProcessWastes
1. Woven fabric dying and finishing

wastewater treatment sludges 2. Mercury bearing sludges frombrine

treatment and mercury bearingbrine purification muds from the mercury cell process in chlorine production [Comment: This listing description includes two wastes which were originally proposed on December18, 1978 (43 FR 58958) as: Mercury bearing sludges from brine purification muds. from mercury cell process in chlorine production and mercury bearing brine purification muds from mercury cell
process in chlorine production.] 3. Wastewater treatment sludge from the

diaphragm cellprocess using graphite anodes in the production ofchlorine [Comment: This listing description

was originally proposed on December 18,1978 (43FR 58958) as: Wastewater
treatment sludge from diaphragm cell
process in production of chlorine.] 4. Chlorinated hydrocarbon bearing

wastes from the diaphragm cell
process using graphite anodes in chlorine production [Comment: This listing description was originally proposed on December 18,1978 (43 FR 58958] as: Chlorinated hydrocarbon
wastes from diaphragm cell process in chlorine production.] 5. Wastewater treatment sludges from

the production ofTit= pigment using chromium bearing oresby the chloride
process [Comment: This listing description was originally proposed

onDecember 18,1978 (43FR 58958) as: Chromium bearing wastewater
treatment sludges from theproduction ofTio2pigment by the chloride process.] 33117Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

6. Wastewater treatment sludges from

the production ofTio2 pigment using chromium bearing ores by the sulfate
process [Comment: This listing description was originally proposed

on December 18, 1978 (43 FR 58958 as: Chromium bearing wastewater treatment sludges from the production ofTiO2 pigment by the sulfate process.] 7. Arsenic bearing sludges from the

purification process in the production ofantimony oxide 8. Antimony bearing wastewater

treatment sludge from the production ofantimony oxide 9. Solvent cleaning wastes from paint

manufacturing 10. Water cleaning wastes from paint

manufacturing 11. Caustic cleaning vxastes from paint

manufacturing 12. Wastewater treatment sludges from

paint manufacturing 13. Air pollution control sludges from

paint manufacturing [Comment: The above five listing descriptions have been changed from those originally proposed on December 18, 1978 (43 FR 58958) as: Wastewater treatment sludges from paint production and Air pollution control sludges from paint production.] 14. Still bottoms from aniline production 15. Sludges, wastes from tub washers

(InkFormulation) 16. Coking: Decanter tank tar/pitch/

sludge [Comment: This listing description include's two wastes which were originally proposed on December 18, 1978 (43 FR 58959) as: Coking: Decanter tank tar and Coking: Decanter tank pitch sludge.] 17: Spend potliners (cathodes) from

primary aluminum'production 18. Lead bearing wastewater treatment,-

sludges from gray iron foundries 19. Arsenic or organo-arsenic containing

wastewater treatment sludges from the production ofveterinary pharmaceuticals' 20. Distillation residue from the

separation of chlorobenzenes in the production ofchlorobenzenes [Comment: This listing description

was originally proposed on December 18, 1978 (43 FR 58958) as: Distillation residues from fractionating tower for recovery ofbenzene and chlorobenzenes.] 21. Emission control dust/sludge from

ferrochromium-silicon production [Comment: This listing description

was originally proposed on December 18, 1978 (43 FR 58959) as: Ferrochromesilicon furriace emission control dust or sludge.] 22. Emission control dust/sludge from

-

ferrochrome production [Comment: This listing description was originally proposed on December 18,1978 (43 FR 58959) as: Ferrochrome emissions control: furnace baghouse dust, and ESP dust.] 23. Emission control dust/sludge from

ferromanganese production , [Comment: This listing description

was originally proposed on December 18, 1978(43 FR 58959) as: Ferromanganese emission control: baghouse dusts and scrub water solids.] Appendix B*--Scheduled Fall Promulgation

Generic
1. Reactor clean-up wastes from the

chlorination, dehydrochlorination, or oxychlorination ofaliphatic hydrocarbons 2. Fractionation bottoms from the

"separation ofchlorination hydrocarbons 3. Distillation bottoms from the

separation of chlorinated aliphatic hydrocarbons 4. Washer wastes from the production of

chlorinated aliphatic hydrocarbons 5. Spent catalyst from the production of

chlorinated aliphatic hydrocarbons 6. Reactor clean-up wastes from the

chlorination ofcyclic aliphatic hydrocarbons 7. Fractionation bottoms from the.

separation of chlorinated cyclic aliphatic hydrocarbons 8. Distillation bottoms from the

separation of chlorinated cyclic aliphatic hydrocarbons 9. Washer wastes from the production of

chlorinated cyclic aliphatic hydrocarbons 10. Spent catalyst from the production of

chlorinated cyclic aliphatic hydrocarbons 11. Batch residues from the batch

production ofchlorinated polymers 12. Solution residues from the

production of chlorinated polymers 13. Reactor clean-up wastes from the

chlorination of aromatic hydrocarbons 14. Fractionation bottoms from the

separation ofchlorinated aromatic hydrocarbons 15. Distillation bottoms from the

separation of chlorinated aromatic hydrocarbons 16. Washer wastes from the production

ofchlorinated aromatic hydrocarbons 17. Waste Oil [Comment: This listingdescription was originally proposed

on December 18, 1978 (43 FR 58957) as: Waste lubricating oil andWaste hydraulic or cutting oil.]

*Since these wastes will not bepromulgated until the fall, the listing descriptions for some ofthese
wastes may change as additional information is gathered. 18. Polychlorinated biphenyls (PCB) and PCB items as defined in 40 CFR Part 761 [Comment: The Agency indicated in thepreamble to the Section 3004 regulations (43 FR 58993), their intention to integrate the TSCA regulations for the disposal ofPCB's with the RCRA hazardous waste regulations.]

ProcessWastes
1.Sub-ore from underground and

surface mining ofuranium, overburden from surface mining of uranium and waste rock from underground mining ofuranium with a radium-226 activity in excess of 5pCi/ gin [Comment: This listing description

was originally proposed on December 18, 1978 (43FR 58958) as: Waste rock and overburden from uranium mining.] 2. Leach zone overburden and discarded

phosphate ore from phosphate surface mining and slimes from phosphate ore beneficiation [Comment: This listing description was originally proposed

on December 18, 1978 (43 FR 58958) as: Overburden and slimes from phosphate surface mining.] 3. Waste gypsum from processing

phosphate ore to produce phosphoric acid [Comment: This listing description was originally proposed

on December 18, 1978 (43 FR 58958) as: Waste gypsum from phosphoric acid production.] -4.Slag and fluidbed prillsfrom processing phosphate ore to produce ,elemental phosphorous [Comment: This listingdescription was originally proposed on December 18, 1978 (43 FR 58958) as: Slag and fluid bed prills from elemental phosphorous production.] 5. Washwater/sludges from ink printing

equipment clean-up [Comment: This listing description includes three wastes which were originally proposed on August 22,1979 (44 FR 49403 and 49404) as: Waste from equipment cleaning fromflexoprinting in the manufacture ofpaperboard boxes; Waste from press clean-up in newspaper printing and Wash water from printing ink equipment cleaning,] 6.Wastes from photographic processing

[Comment: Thislisting was originally proposed on August 22, 1979 (44 FR 49404) as: Waste Ferricyanide bleach, dichromate bleach, color developer (Agfa), bleach fix (Agfa) and acid solution from photographic processing.] 7.Lead acid storage battery production

wastewater treatment sludges 8. Lead acid storage battery production

clean-up wastes from cathode and anode paste production 

### 33118Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

9.Nickel cadmium battery production

wastewater treatment sludges 10. Lead slagfrom lead alkylproduction 11. Emission control dust/sludge from

reverberatory furnace and converters from primary copperproduction [Comment: This listing description

was included in the listing description originally proposed on December 18, 1978 (43FR 58959) as:Primary copper smelting and refining electric furnace slag, converter dust, acid plant sludge and reverberatory dust.]
Dated: May 2,1980. Douglas M.Costle, Administrator.

Title 40 ofthe Code ofFederal Regulations is amended by adding the following new Part 261:

PART 261-IDENTIFICATION AND

LISTING OF HAZARDOUS WASTE Subpart A-General

Sec. 261.1 Purpose and scope. 261.2 Definition ofsolid waste. 261.3 Definition ofhazardous waste. 261.4 Exclusions. 261.5 Specialrequirements for hazardous waste produced by small quantity generators. 261.6 Special requirements for hazardous waste which is used, re-used,recycled or reclaimed. Subpart B-Criteria for Identifying the Characteristics of Hazardous Waste and for Usting Hazardous Wastes 261.10 Criteria foridentifying the characteristics ofhazardous wastes. 261.11 Criteria for listinghazardous waste. Subpart C-Characteristics of Hazardous Waste 261.20 General. 261.21 Characteristic ofignitability. 261.22 Characteristic ofcorrosivity. 261.23 Characteristic ofreactivity. 261.24 Characteristic ofEP toxicity. Subpart D-Usts ofHazardous Wastes 261.30 General. 261.31 Hazardous wastes from non-specific

sources. 261.32 Hazardous wastes from specific

sources. 261.33 Discarded commercial chemical products and associated off-specification materials, containers and spillresidues. Appendices Appendix I-Representative Sampling Methods Appendix II-EPToxicity Test Procedures Appendix II-Chemical Analysis Test Methods Appendix IV-[Reserved for Radioactive Waste Test Methods] Appendix V-[Reserved for Infectious Waste Treatment Specifications] Appendix VI-[Reserved for Etiologic Agents] Appendix VII-Basis for Listing Appendix VIII-Hazardous Constituents

Authority: Secs. 1006,2002(a), 3001. and 3002 ofthe SolidWaste Disposal Act. as amended by the Resource Conservation and Recovery Actof1976, as amended (42U.S.C. 6905, 6912, 6921 and 6922). Subpart A-General
§261.1 Purpose and scope.

(a) This Partidentifies those solid wastes which are subject to regulation

as hazardous wastes under Parts 262 through 265 and Parts 122 through 124 of this Chapter and which are subject to the notification requirements ofSection 3010 ofRCRA. In this Part-

(1) Subpart A defines the terms "solid waste" and "hazardous waste," identifies those wastes which are excluded from regulation under Parts 262 through 265 and122 through 124 and establishes special management requirements forhazardous waste produced by small quantity generators and hazardous waste which is used, reused, recycled orreclaimed.

(2) Subpart B sets forth the criteria used byEPA to identify characteristics ofhazardous waste and to listparticular hazardous wastes.

(3] Subpart Cidentifies characteristics ofhazardous waste.

(4)Subpart D lists particular hazardous wastes.

(b)This Part identifies only some of the materials which are hazardous
wastes under Sections 3007 and 7003 of RCRA. A material which is not a hazardous waste identified in thispart is still a hazardous waste forpurposes ofthose sections if:

(1) In the case ofSection 3007,EPA has reason to believe that the material may be a hazardous waste within the meaning ofSection 1004(5) ofRCRA.

(2) In the case ofSection 7003, the statutory elements are established.

§ 261.2 Definition of solid waste.

(a) A solid wasteis any garbage, refuse, sludge or any otherwaste material which is notexcluded under § 261.4(a).

(b) An "other waste material" is any solid,liquid, semi-solid or contained gaseous material, resulting from industrial, commercial, mining or agricultural operations, orfrom community activities which:

(1) Is discarded oris being accumulated, stored orphysically, chemically orbiologically treated prior to being discarded; or

(2) Has served its original intended

use and sometimes is discarded: or

(3)Is a manufacuring ormining byproduct and sometimes is discarded. (c) Amaterial is "discarded" ifitis abandoned (andnotused. re-used, reclaimed orrecycled) bybeing:

(1] Disposed of; or (2)Burned orincinerated. except where the material is being burned as a fuel for thepurpose ofrecovering usable energy, or

(3) Physically. chemically, or biologically treated (other thanburned

orincinerated) in lieu ofor priortobeing disposed of.

(d) A material is "disposed of" ifitis discharged. deposited. injected, dumped, spilled, leaked or placedinto or on any land orwater so that such material or any constituent thereofmay enterthe environment orbe emitted into the air or discharged into ground orsurface waters.

(e) A "manufacturing ormining byproduct" is a material that isnot one of the primaryproducts ofaparticular manufacturing ormining operation, is a secondary and incidental product ofthe particular operation and would notbe solely and separately manufactured or mined by theparticular manufacturing

ormining operation. The term does not include an intermediate manufacturing

ormining product whichresults from

one ofthe steps in a manufacturing or mining process and is typically processed through the next step ofthe process within a shorttime.

§261.3 Definition ofhazardous waste.

(a) A solid waste, as defined in 

### §261.2, is a hazardous waste ifi

(1)It isnot excluded fromregulation

as a hazardous waste under §261.4(b); and

(2)Itmeets any ofthe following criteria:

(i)It is listed in Subpart D and hasnot been excluded from thelists in Subpart D under 

### §§ 260.20 and 260.22 ofthis Chapter.

(ii)Itis amixture ofsolidwaste and

one ormore hazardous wastes listed in Subpart D andhas not been excluded from this paragraphunder §§ 260.20 and 260.22 of this Chapter.

(iii) It exhibits any of the characteristics ofhazardous waste identified in Subpart C.

(b)Asolid waste which is not excluded from regulation under paragraph (a)(1) ofthis sectionbecomes

a hazardous waste when any ofthe following events occur.

(1)In the case ofawaste listedin Subpart D, when the waste firstmeets the listing description setforth'in Subpart D.

(2)In thecase of a mixture ofsolid waste and one ormore listedhazardous wastes, when a hazardous waste listed 

### 33119Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

in Subpart D is first added to the solid waste.

(3)In the case ofany other waste (including a waste mixture), when the waste exhibits any ofthe characteristics identified in Subpart C.

(c) Unless and until it meets the criteria ofbaragraph (d):

(1)A hazardous waste willremain a hazardous waste.

(2) Any dolidwaste.generited from the treatment, storage or disposal of a hazardous waste, including any sludge, spillresidue, ash, emission control dust

or leachate (butnot including precipitation run-off), is a hazardous
waste.

(d) Any solid waste described in paragraph (c) ofthis section is not a hazardous waste ifit meets the' following criteria:

(1)In thelcase ofany solid waste, it does not exhibit any ofthe

. characteristics ofhazardous waste identified io Subpart C.

(2)In the case ofa waste which is a listed waste under Subpart D, contains a waste listed under Subpart D oris derived from a waste listed in.Subpart D,it also,has been excluded from paragraph 

### (c)under §§260.20 and 260.22 ofthis Chapter. §261.4 Exclusions.
* (a)Mateialswhicharenotsolid wastes.The following materials are not solid wastes for the purpose of this Part:

(1) (i)Donestic sewage; and (ii)Any iixture ofdomestic sewage and other Wastes that passes through a
sewer systdm to a publicly-owned treatment works for treatment. "Domestic sewage" means untreated sanitary wastes thatpass through a
sewer system.

(2)Industrial wastewater discharges that are point source discharges subject toregulatioh under Section 402 of the Clean Watdr Act, as amended. [Comment: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated befdre discharge, nor does it exclude slu ges that are generated by industrial i, astewater treatment.) (3) Irrigation return flows. (4) Source, special nuclear orbyproduct material as defined by the Atomic Energy Act of1954, as amended, 42 U.S.C. 2011 etseq.

(5) Materials subjected to in-situ mining techniques which are not removed fr6m the ground as part ofthe extraction process.

(b) Solidwasteswhich arenot hazardouswastes.The following solid wastes are rothazardous wastes: (1) Household waste, including household waste that has been collected, transported, stored, treated, disposed,recovered (e.g., refuse-derived fuel),or reused. "Household waste"

means any waste material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels.) (2) Solid wastes generated by any of the following and which are returned to the soils as fertilizers:

(i) The growing and harvesting of agricultural crops.

(ii)The raising ofanimals, including animal manures.

(3)Mining overburden returned to the mine site.

(4)Fly ashwaste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion ofcoal orother fossil fuels.

(5)Drilling fluids, produced waters, and otherwastes associated with the exploration, development, or production ofcrude oil, natural gas or geothermal energy. §261.5 Special requirements for hazardouswaste generated by small quantity generators.

(a) Except as otherwise provided in this section, ifa person generates, in a calendar month, a total ofless than 1000 kilograms ofhazardous wastes, those wastes are not subject toregulation under Parts 262 through 265 and Parts 122 through 124 ofthis Chapter, and the notification requirements ofSection 3010 ofRCRA.

(b) Ifa person whose waste has been excluded from regulation under paragraph (a) ofthisSection accumulates hazardous wastes in quantities greater than 1000 kilograms, those accumulated wastes are subject to regulation under Parts'262 through 265 and Parts 122through 124 ofthis Chapter, and the notification requirements ofSection 3010 ofRCRA.

(c)Ifa person generates in a calendar month or accumulates at any time any of 'the following hazardous wastes in quantities greater than set forth below, those wastes are subject to regulation under Parts 262 through 265 and Parts 122 through 124 ofthis Chapter, and the notification requirements ofSection 3010 ofRCRA:

(1) One kilogram of any commercial product'or manufacturing,chemical intermediate having the generic name listed in §261.33(e).

(2) One kilogram ofany offspecification commercial chemical product ormanufacturing chemical intermediate which, ifit met

- specifications, would have the generic

name listed in §261,33(e). (3)Any containers identified In §261.33(c) that are larger than 20 liters in capacity;

(4) 10kilograms ofinner liners from containersidentified under §261.33(c):

(5)100kilograms ofanyresidue or contaminated soil, water or other debris resulting from the cleanup of a spill, Into

or on any land or water, ofany commercial chemical product or manufacturing chemical intermediate having the generic name listed in §261.33(e).

(d) In order for hazardous waste tobe excluded fromregulation under this section, the generator must comply with §262.11 ofthis Chapter. He must also either treat or dispose ofthe waste In an on-site facility, or ensure delivery to an off-site treatment, storage ordisposal facility, either ofwhich is:

(1)Permitted by EPA under Part 122 of this Chapter, or by a State with a hazardous waste management program authorized under Part 123 ofthis Chapter;

(2) In interim statusunder Parts 122 and 265 ofthis.Chapter; or,

( (3)Permitted, licensed, orregistered by a State tomanage municipal or industrial solid waste.

(e) Hazardous waste subject to the reduced requirements ofthis section may be mixed with non-hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any ofthe characteristics ofhazardous waste identified in Subpart C. §

261.6 Special requirements for hazardouswaste which Isused, re-used, recycled or reclaimed.

(a)Except as otherwise provided In paragraph (b) ofthis section, a hazardous waste which meets either of the following criteria is not subject to regulation under Parts 262 through 265

orParts 122 through 124 ofthis Chapter and is not subject to the notification requirements ofSection 3010 ofRCRA until such time as the Administrator promulgates regulations to the contrary: (1)Itis being beneficially used or reused orlegitimately recycled or reclaimed. (2) It is being accumulated, stored or physically, chemically or biologically treated prior to beneficial use or re-use
orlegitimate recycling orreclamation,

(b) A hazardous wastewhich is a sludge, orwhich is listed in Subpart D,

orwhich contains one or more hazardous wastes listed in Subpart D; and which is transported or stored prior 

### 33120Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

to beingused, re-used, recycled or reclaimed is subject to the following requirements with respect to such transportation or storage:

(1)Notification requirements under Section 3010 RCRA.

(2) Part26Z of this Chapter. (3)Part 263 of this Chapter. (4)Subparts A, B,C,D and E ofPart 264 ofthis Chapter.

(5)Subparts A, B, C,D,E, G, H,I, J and LofPart 265 ofthis Chapter.

(6)Parts 122 and 124 ofthis Chapter, with respect to storage facilities.
Subpart B-Criteria for Identifying the Characteristics of Hazardous Waste and for Usting Hazardous Waste 

### §261.10 Criteria forIdentifying the characteristics ofhazardous waste.

(a) The Administrator shall identify and define a characteristic ofhazardous waste in Subpart C onlyupon determining that:

(1) A solid waste that exhibits the characteristic may:

(i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

(ii) Pose a substantial presentor potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of

or otherwise managed; and

(2) The characteristic can be: fi) Measured by an available standardized testmethod which is reasonably within the capability of generators ofsolid waste orprivate sector laboratories that are available to

serve generators ofsolid waste; or

(ii) Reasonably detected by generators of solid waste through theirknowledge of their waste.
§261.11 Criteria forlisting hazardous
waste.

(a)The Administrator shall list a solid waste as a hazardous waste only upon determining that the solid waste meets

one ofthe following criteria:

(1)It exhibits any ofthe characteristics ofhazardous waste identified in Subpart C.

(2) Ithas been found to be fatal to humans in low doses or, in the absence ofdata on human toxicity, it has been shown in studies tohave an oralLD 50 toxicity (rat)ofless than 50 milligrams per kilogram, an inhalation LC 50 toxicity (rat)ofless than 2 milligrams perliter, or a dermal LD 50 toxicity (rabbit)ofless than200 milligramsper kilogram oris otherwise capable of causing or significantly contributing to

an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria will be designated Acute Hazardous Waste.)

(3) It contains any ofthe toxic constituents listed in Appendix VIII unless, afterconsidering any of the following factors, the Administrator concludes that the waste is not capable ofposing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:

(i) The nature of the toxicity presented by the constituent.

(ii)The concentration ofthe constituent in the waste.

(iii) Thepotential ofthe constituent or any toxic degradation product ofthe constituent to migrate from the waste into the environment under the types of improper management considered in paragraph (a)(3)(vii) of this section.

(iv)The persistence ofthe constituent

or any toxic degradation product ofthe constituent.

(v] Thepotential for the constituent or any toxic degradation product ofthe constituent to degrade into non-harmful constituents and the rate ofdegradation.

(vi) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems.

(vii)Theplausible types ofimproper management to which the waste could be subjected.

(viii)The quantities ofthe waste generated at individual generation sites

or on a regional ornational basis.

(ix)The nature and severity ofthe human health and environmental damage that has occurred as a result of the improper management ofwastes containing the constituent.

(x)Action taken by other governmental agencies orregulatory programs based on the health or environmental hazard posed by the
waste or waste constituent.

(xi) Such other factors as maybe appropriate. Substances will be listed onAppendix VIII only ifthey have been shown in scientific studies to have toxic, carcinogenic, mutagenic orteratogenic effects on humans or other lifeforms.

(Wastes listed in accordance with these criteria will be designated Toxic wastes.)

(b) The Administrator may list classes

or types ofsolid waste as hazardous waste ifhe has reason to believe that individual wastes, within the class or type ofwaste, typically orfrequently are hazardous under the definition of hazardous waste found inSection 1004(5) of the Act. (c)The Administrator will use the criteria forlisting specifiedin this section to establish theexclusion limits referred to in §261.5(c). Subpart C-Characteristics of

Hazardous Waste §261.20 GeneraL

(a)A solid waste, as defined in §261.2, whichis not excluded from regulation as a hazardous wasteunder § 261.4(b), is a hazardous waste ifit exhibits any ofthe characteristics identified in this SubparL [Comment- §262.11 ofthis Chapter sets forth thegenerator's responsibility to determine whetherhis waste exhibits

one ormore ofthe characteristics identified in this Subpart]

(b)A hazardous waste whichis identified bya characteristic in this subpart.but isnot listed as a hazardous waste in Subpart D, is assigned theEPA Hazardous Waste Number set forthin therespective characteristic in this Subpart.This numbermust be usedin complying with thenotification requirements ofSection 3010 ofthe Act and certain recordkeeping andreporting requirements underParts262 through 265 and Part 122ofthis Chapter. (c) Forpurposes ofthisSubpart, the Administrator will consider a sample obtained using any ofthe applicable samplingmethods specified in Appendix I to be arepresentative sample within the meaning ofPart 260 ofthis Chapter. [Comment: Since theAppendix I samplingmethods arenot beingformally adopted by theAdministrator, a person who desires to employ an alternative samplingmethod isnotrequired to demonstrate the equivalency ofhis method under theprocedures setforth in §§ 260.20 and 260.21.]
§261.21 Characteristic ofIgnltabilty.

(a)A solidwaste exhibits the characteristic ofignitability ifa representative sample ofthe waste has any ofthefollowing properties:

(1) Itis a liquid, other than an aqueous solution containing less than 24percent alcohol byvolume, andhas aflash point lessthan 60'C (140"F), as determinedby

a Pensky-Martens Closed Cup Tester, using the testmethod specified inASTM Standard D-93-79, or a Setaflash Closed Cup Tester,using thetest method specified in ASTM standardD-3278-78,

oras determinedby anequivalent test method approved by theAdministrator under theprocedures setforth in §§ 260.20 and 260.21.1

'ASTM Standards areavailable fromASrM, 1915 Race Street. Philadelphia. PA19103. 33121Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

(2)Itis not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption ofmoisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that is creates a hazard.

(3) It is an ignitable compressed gas as defined in 49 CFR 173.300 and as determined by the testmethods described in that regulation or equivalent testmethods approved by the Administrator under §§ 260.20 and

- 260.21.

(4)Itis an oxidizer as defined in49 CFR 173.151.

(b) A solid waste that exhibits the characteristic ofignitability, but is not listed as a hazardous waste in Subpart D, has the EPA Hazardous Waste Number ofD001.

§261.22 Characteristic of corrosivity.

(a)A solid waste exhibits the characteristic ofcorrosivity ifa representative sample ofthe waste has either ofthe following properties:

(1) Itis aqueous.and has a pHless

- than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using either the testmethod

. specified in the "TestMethods for the Evaluation ofSolidWaste, Physical/ Chemical Methods" 2 (also described in "Methods for Analysis ofWater and Wastes" EPA 600/4-79-020, March 1979), or an equivalent test method approved by the Administrator under the procedures setforth in §§260.20 and 260.21. (2) It is a liquid and corrodes steel- (SAE 1020) at a rate greater than 6.35

mn (0.250 inch) per year at a test temperature of55*C (130F) as determined bythe test method specified inNACE (NationalAssociation of Corrosion Engineers) Standard TM-01- 69 3as,standardizedin "Test Methods forthe Evaluation ofSolid Waste, Physical/Chemical Methods," or an equivalent testmethod approved by the Administrator under the procedures set forth in §§260.20 and 260.21.

(b) A solid waste that exhibits the characteristic ofcorrosivity, but is not listed as a hazardous waste in Subpart D,has the EPA Hazardous Waste Number ofD002.

2Thisdocument is available from Solid Waste Information, U.S.Environmental Protection Agency. 26 W. St. ClairStreet, Cincinnati, Ohio 45268.

'The NACE Standard is available from the National Association ofCorrosion Engineers, P.O. Box 986,Katy, Texas 77450. § 261.23 Characteristic of reactivity.
(a) A solid waste exhibits the characteristic ofreactivity ifa representative sample ofthe waste has
any ofthe following properties:

(1) It is normally unstable and readily undergoes violent change without detonating.

(2) Itreacts violently with water. (3)Itforms potentially explosive mixtures with-water.

(4)When mixed with water,it generates toxicgases, vapors orfumes in a quantity sufficient to present a danger to human health orthe environment.

(5) It is a cyanide or sulfide bearing
waste which, when exposad to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in

- a quantity sufficient to present a danger to humari health orthe environment. (6)Itis capable ofdetonation or explosive reaction ifit is subjected to a strong initiating source or ifheated under confinement.

(7) Itis readily capable ofdetonation

or explosive decomposition orreaction at standard temperature and pressure.

(8)Itis a forbidden explosive as defined in 49 CFR 173.51, or a Class A explosive as defined in 49 CFR 173.53 or
a Class B explosive as defined in 49 CFR 173.88.

(b) A solid waste that exhibits the characteristic ofreactivity, but is not listed as a hazardous waste in Subpart D, has the EPA Hazardous Waste Number ofD003.

§261.24 Characteristic of EP Toxicity.

(a)A solid waste exhibits the characteristic ofEP toxicity if,using the test methods described in Appendix II

or equivalent methods approved by the Administrator under theprocedures set forth in §§260.20 and 260.21, the extract from a representative sample ofthe waste contains any of the contaminants listed inTable I at a concentration equal to orgreater than the respective value given in thatTable. Where thewaste contains less than 0.5 percent filterable solids, thewaste itself, after filtering,is considered to be the extract for the purposes ofthis section. (b) A solid waste that exhibits the characteristic ofEP toxicity, but is not listed as a hazardous waste in Subpart D, has the EPA Hazardous Waste Number specified in Table Iwhich corresponds to the toxic contaminant causing-it to be hazardous. Table I.-Maximurn Concentration of Contaminants for Charactoristic of EP ToxicityContinued

EPA Maximum hazardous Contaminant concentration

waste (milligrams number potliet)

D004

................ Arsenic

...................................... 5.0 D00 5

................ Barium

....................................... 100.0 006

........... Cadmium

.......................... 1.0 D007

................ Chromium

................................. 5.0 D008

..... Lead.....................

. . 5.0 D009

................ Mercury

..................................... 0.2 D010

................ Selenium

................................... 1.0 DO1

..

1............. Silver

.................. 5.0 D012

................ Endrin (1,2,3.4,10,.0- 0.02 hexachloro.1,7-opoxy.1,4,4a,5,,7,8,Baoctahydro-l,4,endo,endo. 5,8-dimethano naphthalene. D013

........... Undane (1.2,3.4,5,6- 0.4 hexachlorocycohexane, gamma isomer. 0014

............ Methoxychor (1,1,1. 10.0 Tdchloro.2,2-bis [p methoxyphenyl]ethano) D015

............. Toxaphene (C,.H,.CI, 0.5 Technical chlorinated camphene. 67-69 percent chlorine). D016

............... 2,4.D, (2.4- 10.0 Dich'orophenoxyacetlc acid). D017....-..... 24,5-TP Silvex (2.4,5. 1.0 Tdchlorophenoxyproplonlc acid).

Subpart D-Lists of Hazardous Wastes

§ 261.30 General.

(a)A solid waste is a hazardous waste ifitis listed in this Subpart, unless it has been excluded from this list under §§260.20 and 260.22. (b) The Administrator will indicate his basis forlisting the classes or types of wastes listed in this Subpart by employing one ormore ofthe following Hazard Codes:

Ignitable Waste

................................................... (I) Corrosive Waste

.. ......... (C) ReactiveWaste

......................... ... 1 EP Toxic Waste

............. . . .... ) Acute Hazardous Waste

................................................... (H) Toxic Waste

............. . . . . ..... () Appendix VII identifies the constituent which caused the Administrator to list the waste as an EP Toxic Waste (E) or ToxicWaste (T)in §§261,31 and 261.32, (c)Each hazardous waste listed inthis Subpart is assigned an EPA Hazardous Waste Number which precedes the

name ofthe waste. This numbermust be used in complying with the notification requirements of Section 3010.ofthe Act and certain recordkeeping and reporting requirements under Parts 262 through 265 and Part 122 ofthis Chapter.

(d) Certain ofthe hazardous wastes listed in §261.31 or § 261.32 have exclusion limits that refer to §261.5(c)(5). II I I I 33122Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations 33123

§261.31 Hazardous waste from nonspecific sources.

Industry and EPA Hazardous Vste Hazard code hazardous waste No.

Generic: FOO..."h spent halogenated solents used in degreaing. ten b ortI*m. rmet4m chlkde. 1.1.k r carbon () tetnchioride. and the chbrinatedfluaonrbons arid sludges from the recovery of two s0ovnts Indegreasing operation
F002 The spent halogenated solvents. tetr e n mret4en chlore 1.1.1.ktchloros e. corobarzone. 1,12- (T) trichworo-1,2,24rifluoroethane, o- dorobenzene, and to9 bottom ronthie recovery of tese solvent. F003 The spent non-haogenated solvents xylere, aetone. e" acette eth4 bonene. elh er n bW &AcoL coteanone, and te st (T) bottoms from the recovery o these solvents. F004 The spent non-helogenated sovents cresols and cresy acd. ritrobenzene. ard the stl bottoms from tie recovery of thase s

. .__. (T) FOS The spent non-halogenated solvent methanok Woln metA a" ke oe rnh)4 atobuty! klom. carbon de de.ls r pyridrn U.T) andthe stabottoms from the recovery of ths solvent& F006 Wastewater treatment sludges from electroplating opera.in

.. F007.. Spent plating bath solutions from electroplating operations ( ") F006 Plating bath sludgesfrom the bottom of plaftng bathe from electropting operations (...) FO9 Spent stripping and deaning bath solutionsfrom eletopla'g operations K..T) P010 Ouenching bath sludge from olbathsfrom metal heat treatng operations

.. (.) F011 Spent solutions from salt bath pot cleaning from metal heat treating operat

.... (R. T) 1012 Quenching wastewater treatmentsludges from metal heat treating operations (T) F013 Flotation tainligs from.selective fltation from mineral metals recovery operabon (") P014 Cyaridation wastewater treatment taUXnpond sediment from mlnell metal recovery operations (1) F015 Spent cyanide bath solutionsfrom mineral metals recovery operations (. ) P016 Dewatered air polution control scrubber s udge from coke ovens arndble tfuneca (')

§261.32 Hazardous waste from specificsources.

Industry and EPA Hzardous waste Hazard code hazardous waste No.

Wood Presenration: K001

- Bottom secdnent sludge from the treatment of wastewaters from wood prW ng p(oceMs that ua Creosote a&Or pen htCorophenoL () Inognic Pigments:
K002 Wastewater treatment sludge from the production O4 chrome yelow and orange pgmenrt (1) K003 Wastewater treatment sludge from the production of moybdate orange p~grn

.. ts C)
K004

- Wastewater treatment sludge from the production o zinc yalow pgments.........CO

K005 Wastewater treatment sludge from the production o chrome green pigments

.. ) K006_..

.. ... Wastewater treatmnent sludgefrom the production o chrome oxide geen pg nt (anhydrous and hydrate T)
K007 Wastewater treatment sludge from the prodcion of ironblue pigments (1) K008

- Oven resdue from the production of chrome oxidegreen pigmen. .T. Organic Cn s: KO09 Dstlation bottoms from the production o aoetadfde fron ehyle

. .. KOO Distilation side cuts from the production of aeldelyde from
, .T) K011 Bottom stream from the wastewater stripper in the production of acyfor i.e (K.7) K012.. Sti bottoms fron the final purification o acryoritre in the production iaylo.iti.e

.. (T) K013 Bottom steam from the acetonitril column In the production ofa ,cryloniO.. (51)
1014 Bottom from the a peron fe iaction column in the production of crtyonitrie ("T) K015..

.. .. Still bottoms from the ,istilation o berzyl chloride M.) K016 Heavy ends or distilation residues from the producin o carbon tetrahdloride CT)
K017 Heavy ends (stil bottoms) from the puficationcolumn in the production of @apc rotydri (T)
1018 Heavy ends from fractionation in ethyl chlbrid proritde o ()
1019 Heavyeds from the ditlation of ethylene d oid in ethyjene dchiorde pro - : C
K020 Heavy ends from the distilationof vinyl chlorde in vnyl chloride monomer production (T) K021 Aqueous spent antimony cataLystwaste from u e r

... ... . T) K022 Distilation bottomtars from the prOducti O pheoaco from cue .T) K023 Dtiltaton fight ends from the production o phUhe artidd from naphth ne C K024 Distillaton bottoms from the production of phtha anhydride from naphthhen ) K025 Distilation bottoms from the production of trobenne bythe nitration o benzene. CT)
K026 Stripping sM tais from the production Ofmethy ethyl p

..... ea (I)
K027 Centrifuge reidue from toluene iocyaate producti (R T) K028 Spent cata yst from the hydrochlornnator reactor in the production of 1.1.1,rchlooethane (T) K029 Waste from the product stream stripper in the production of 1.1.1-i.chi.oeth n'T) .030

- Cokm botoms or heavy ends from the combined production of blchiorostYilene and perchloroe .t.ene () Pestiides: K031 By-products saltsgenerated in the production of MSMA ard cacodyc acid .C) K01.o32_, Wastewater treatment sludge from the production of chlordene C)

K033 Wastewater and scrubwater from the chlorination of cyclopentadiene in the production o chotdone CT)

K034 Filter solds from the tration of achlorocyclopents In the productionof ctiordmne (T) K035 Wastewater treatment sludges generated in theproduction o creos.te (T)
K036 Still bottomsfrom toluene reclamation disllation Inthe production O d'aloon ,C) K037 Wastewater treatment sludges from the producton of KiAulolon CTQ

K038 Wastewater from the washing ard stripping of phorate production..

.. CT) K039 Fiter cake from the titration ofdiethylpho rodthoric acid Inthe production of phoraa (1) K040

- Wastewater treatment sludge from the production of phorIte () K0

,

4t Wastewater treatment sludge from the production of to

.. phene .T) K042 Heavy endsor distilation residues from thedtlaon of tetrachloroberzene In the producon o 2.45-T (T) K043 Z6-Dichlorophenol waste from the production ofZ4-D

.. )

K044 Wastewater treatnent sludges from the manufaectng and processingof o .plo..

. (R) K045 Spentcarbon from the treatmentof wastewater containn -o - (R)
K046 Wastewater treatment s"lges from the manufactsing. lmation and loaing of lead-baedkM ig compounds.. (T) K047 Pinklredwater from TNT operations

.. Petroleum Refiring: K048 Disolved aiflotation (DAF) floatfrom the petrole re inv y.CT) K049 Slopoiemulsion acids from the petroteum refining i n K050 Heat exchangerburzi'e cdearng sudge fromrn the petroleum reQnini ly CT)
K051 API separator sludge from the petroleum re i k industry

.... CT)
K052

- Tank bottoms (leaded) from the petroleum refinng industry C) LeatherTarig Firishirg: K053 Chrome (blue) tnmlngs generated by the folowing subcategories ofthe father tarn ard ktimIn fty heir pulplchrome wnre.I CT)
wet tinish; hairsavelchrome tanlretarlwet r-, t retan/wet finhtno bearrnoux Vvough-he-4*wand sheting.33124 Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

§261.32 Hazardous waste from specific sources.-Continued

Industry and EPA Hazardous waste Hazard coda hazardous waste No.

K054

.................. . Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing indutby hairpulp/chromo tan/retan/ ()

wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue: and shealing. K055

........................ Buffing dust generated by the following subcategories of the leather tann'ng and finishing Industry: hair pulp/chrome tan/retan/wet finish; (T)

hair save/chrome tan/retan/wet finish; reran/wet finish; no beamhouse; and through-the-blue. K05S

.......................................... Sewer screenings generated by the following subcategories of the leather tanning and finishing industry hair pulp/chrome tanhotan/wel (T)

finish; hair save/chrome tan/retan/wet finish: retan/wet finish; no beamhouse; through-the-blue; and shearling. K057

........................ Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing Industry. hair pulp/chromo tan/ (I)

retan/wet finish; hair save/chrorhe tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue and shearling. K058

...................... ............... Wastewater treatment sludges'generated by the following subcategories of the leather tanning and finishing Industry. hair pulp/chrome tan/ (R ") retan/wet finish; hai save/chrome tan/retan/wet finish; and through-the-blue. K059

............................... Wastewater treatment sludges generated by the following subcategory of the leather tanning and finishing lndustry hair save/non-chromo (A)

tan/retan/wet finish. Iron and Steel: K060

...................................... Ammonia still lime sludge from coingoperao

............................................... ... . . ()....

. K061

.................................... Emission control dust/sludge from the

electric furnace production of

steel

............................................................................................. (' ) K062

........................................ Spent pickle liquor from steel finishing operations

.................................................... .. (C. T) K063

. .. . ................ r. ........ Sludge from lime treatment of spent pickle riquot from steel finishing operations

. .................................. ..... () Primary Copper. K064

................... Acid plantblowdown slurry/sludge resulting from the thickening of blowdown slurry from primary coper production

......................................... Mr) Primary Lead: K065

.................... Surface impoundment solids contained inand dredged from surface impoundments atprimary lead smelting facilities

...................................... () Primary Zinc. K066

........................... Sludge from treatment of process wastewater and/or acid plant blowdown from primary zinc production

.............. ........................... (1) K067

............. Electrolytic anode slimes/sludges from primary zinc production

........................................................ ......... . .. () K068

. ... .................... Cadmium plantleach residue (iron oxide) from primary zincproduction.....

.. .... .............. . . ............. 1"T) Secondary Lead: K069

.................. Emission control dust/sludge from secondary leadsmelting

. ... ............. . ......... ..... ..................................

§261.33. Discarded Commercial Chemical Products, Off-Specification Species, Containers, and Spill Residues Thereof.

The following materials or items are hazardous wastes if andwhen theyare discarded or intended to be discarded:

(a)Any commercial chemical product,
or manufacturing chemical intermediate having the generic name listed in paragraphs (e)or (f) ofthis section.

(b)Any off-specification commercial chemical product or manufacturing chemical intermediate which, ifit met specifications, would have the generic
name listed in paragraphs (e)or (f)of this section.

(c)Any container or inner liner removedfrom a container that has been used to hold any commercial chemical

- product or manufacturing chemical

- intermediate having the generic name listed in paragraph (e)ofthis section, unless:

(1)The container or inner linerhas beentriple rinsed usiiiga solvent capable of removing the c~mmercial chemical product or manufacturing chemical intermediate;

(2) The cbntainer or inner liner has beencleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent

- removal; or

(3)In the case of acontainer, the inner liner that prevented contact ofthe commercial chemical product or manufacturing chemical intermediate with the container, has beeh removed.

(d) Any residue or contaminated soil, water or other debris resulting from the cleanup of aspill, into or on any land or water, ofany commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f) ofthis Section. [Comment: The phrase "commercial chemical product or ma-nufacturing chemical intermediate having the generic name listed in..

.. " refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use. It does not refer td-a material, such as a manufacturing process waste, that contains any ofthe substances listed in paragraphs (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraphs (e) or (f), such waste will be listed in either §§ 261.31 or'261.32 or will be identified as a hazardous waste by the characteristics set forth in Subpart C ofthisPart.]

(e)The commercial chemicaliroducts
ormanufacturing chemical intermediates, referred to in paragraphs (a) through (d) ofthis section, are identified as acute fiazardous wastes () and are subject to the small quantity exclusion defined in § 261.5(c). These wastes and theircorresponding EPA Hazardous Waste Numbers are:

Hazardous Substance waste No.

1080seeP0S8 1081 see P057 (Acetato)phenylmercruy see P092 Acetone cyanohydrin see P069 POOl 3-(alpha-Acetonybenzy-44rydrxycoumarin and salts P002.,_.. 1-AcetyI-2-thlourea P003-_ Acroleln Agarinsee P007 Agrosan GN 5 see P092 Aldicarb see P069 Acfrren see P048 -Continued "

Hazardous Substance' waste No.

P004... Adrin Algimycin see P092 P005

....... Allyl alcohol P006

........ Aluminum phosphide (R) ALViT see P037 Aminoethyloeno see P054 P007

...... 5-(Amnomoethyl34soxazolol POOS....... 4-Aminopyridine Ammonium metavanadate see P1 19 P009........ Ammonium picrate (R) ANTIMUCIN WOR see P092 ANTURAT see P073 AQUATHOL see P088 ARETIT see P020 P1O0....... Arsenic acid P01

...... Arsenic pentoxido P012..... Arsenic trioxido Athrombin sea POOl AVITROL see P008 Azirldoene see P054 AZOFOS see P061 Azophos see P061 BANTU see P072 P013...... Barium cyanide BASENITE see P020 BCME see P016 P014

.......... Beriznothlol Benzoepin see P050 P015.... Beryllium dust P016........ Bis(chloromethyl) ether BLADAN-M se P071 P017........ Bromoacetone P018.... Brudne P019.... 2-Butanono peroxide BUFEN see P092 Butaphene see P020 P020..... 2-se-Butyl.4,6-dnitropheno P021........ Calcium cyanide CALDON see P020 P022...... Carbon disulfide CERESAN see P092 CERESAN UNIVERSAL see P092 CHEMOX GENERAL see P020 CHEMOX PE. see P020 CHEM-TOL sea P090 P023..... Chloroacetaidohyde P024

.......... pChloroanriline P025

........ 1-(p-Chorobenzoyl)-5-mothoxy-2.mthylndole.3,

acetic acid P026

...... 1-(o-Chlorophenyl)thlouea P027....... 3-Chloropropionitrile P028. alpha-Chlorotolueno P029

........ Copper cyanide CRETOX see P100 Coumandir see Po01 Coumafen see Pool P030... CyanidesHazardous waste No.

P031 Cyanogen P032

. Cynogen br e P033 Cyanogen ch id Cycodan see P060 P034- 2 ,Cy ey-.6-dnitrpheoI D-CON see P001 DETHMOR see P001 DETHNEL see P01 DFP see P043 P035 Z4-Dichlo2, wp yaceficadd (24-) P036- Didiorophnlarsie Dlc

yargen see P031 P037- Dieldiri DIELDREX see P037 P038- Oiet e P039- 0.0-Dethyl.S-(2-(ethylthio)ethl~ser of phophrohli acd P040- 0.0-Dietyl-0-(2-py"a"te P041- 0,0-Diethyl phosphoric add. 0-nitrophenyl ester P042- 3.4-DIy -lpha-(methylan*io)-rnethyI benzyl alcohol P043- Di-sopropyluorophoaphate DIMETATE see P044 1.45, e hthalene. 1,22,4.10.10-

hem ,AaS.88a-heahydm endo, erdosee P060 P044- Dyrnethoate P045- 33-Dmkehyl--(nethylthio)-2-butao-OP046- [(neoh ylphawet hylanrw Diircylhrype*

,, see P034 P047-_ 4,

- and salts P048- Z4-)Wtnophenol DINOSEB see P020 DINOSEBE see P02D Dbulfoto see P039 P049- 2,- tthiobkmet DNBP see P020 DOLCOMOUSE CEREAL see P108 DOW GENERAL see P020 DOW GENERAL WEED KILLER see P020 DOW SELECTIVE WEED KILLER see P020 DOWICIDE Gsee P090 DYANACIDE see P092 EASTERN STATES DUOCIDE see P001 ELGETOL see P020 P050- Endosulfan P051

- Enduin Epbephuine see P042 P02.- Ethylcyaride P053..- Ethylenecfanrje P054- Ethylendehe FASCO FASCRAT POWDER see Pool FEMMA see P091 P055- Fen cyadde P056- Fluone

P058- Fluoroacetic acid. sodium salt FOLODOL-80 seeP071 FOLOOOL Msee P071 FOSFERNO M50 see P071 FRATOL see P058 Fuknimmte ofmernsy see P065 FUNGITOX OR see P092 FUSSOF see P057 GALLOTOX see P092 GEARPHOS see P071 GERUTOX see P020 P059- HeptachN P060- 1,2,.4.10.10-H 14.4a.58,8aht yrho-1",-edo, endo-cmethanonaph- thale ne
1,4,5,6,7,7-H o j:23- danethanol sumiie see P050 P061- Hexachopropene P062-. Hemethyl tetrap;aphate HOSTAOUICK see P092 HOSTAQUIK see P092 Hydrazoethane see P068 PO63- Hydrocyaskadd ILLOXOLsee P037 INDOCI see P025 Indomethacin see P025 INSECTOPHENE see P050 Isodrin see P060 P04- lsocyan-c add.methyl ester KILOSEB see P020 KOP-THIOOAN see P050 KW1K-KIL see P108

- KWIKSAN see P092 KUMADER see P001 KYPFARIN see P001 LEYTOSAN see P092 IOUIPHENE see P092 Hazardous waste No.

MAIJKsee P050 MAREVAN sea PO01 MAR-FRIN sea P001 MARTINO MAR.FRIN se P001 MAVERAN see P001 MEGATOX see P006 P065- Mercury Iurkiate MERSOUTE see P002 METACIO 50 s. P071 METAFOS see P071 METAPHOR se P071 METAPHOS see P071 METASOL 30 sea P002 P066 Meftmyl P67- 244than.~ .JETHYL-E605 see P071 P058-~~ MeWA~ hydrse Me" Isocya a esee P06

P070.. -. hl2(ehldl-rpoley.o (mal~aror osin METHYL NIRON n.o P042 P071

- Methyl praitho METRON see P071 MOIE DEATH see P106 MOUSE- TS see P106 MOUSE-RID see P106 MOUSE-TOX see P106 MUSCIMOI. see P007 P072- 1-Nehy-2.loxe P073. Nickel carbonyl P074- Nicks! cyaride P075- NMoo&ie andsalts P076- Nitricoad. P077- p-Mtroatra P078- NkoW 6*We P079- Nitrogen proalde P060- Nitrogen ltwme P061

- Noglco. (R) P062- N-Ntrosod.rethyarrin P063- N. oescdpheryunirw P064-.. N.NftroumehmW*yt~a NYLMERATE so.P092 OCTA/OX sweP037

OCT/ sea P002 P006

. Oid alcohol cidensed wh 2 MCI. stlylere

OMPA ae P065 OMPAC3DE see P06 OMPAX sa. P065 P087- Oani takoslde P088- 7.05 [d22-hte wb-d ykad PANtVARFIN sea P001 PANORAM D-31 see P037 PANTHERINE we P007 PANWARFIN see PO01 P089- Par tio PCP se POmO PENNCAPM see P071 PENOXYL CARBON N a. P04 P090-...~. PwfttAjrohmn PeAcoophenat sa. POGO PENTA-KILL sea P00 PENTASOL soe P00 PENWAR see P000 PERMICIDE se P0M0 PERMAGUARD sea P00 PERMATOX see P00 PERMITE sea P00 PERTOX s.e P00 PESTOX IIIsee P066 PHENMAD see P092 PHENOTAN see P020 Pool- pheyt dicdomrusPtwrtriarcapW see P014 P092- Ptwj rcuryacetate P093-. N-Ph~nl sora PHILIPS 1861 see POD6 PIIIX see P002 15094-... Phorate PD95- Phosgie. P096- Pfich P097. Phoephorothoc add. 00-&nk est-. 0-ear with N-d Jt4 benzene a 'w'ri

cadd 0.0-mvfhyl-(

- phena) estes P071 PIED PIPER MOUSE SEED see P106 P098- pelt cymide P099- Pfts a icid$ PREMERGE se P020 P100. 1.2-roancoi Proparvl4 alcohol see P102 P10-O rpok 

### 33125

Hazadous

wwNo.

P102__ 2-Propyn-l-ol PROTHROMADI, See P001

UNCISAM see P002 OUINTOX see P037 RAT/ NOMICE BAIT see P001 RATA-WAY see P001 RAT-B-GON see P001 RAT-04OE #2 see P001 RAT-GUARD sme P001 RAT-KILL see P001 RAT-MIX "e P001 RATS-NO-MORE see P001 RAT-OLA seae P001 RATOREX see P001 RATTUHL see Pol RAT-TROL see POOl 9O-1ETH see P001 RO-DEX see P106 ROSEX see PO1 ROUGH &READY KUSE MIXsee P001 SANASEED see P106 SANTO6RITE see P00 SANTOPHEN see P00 SANTOPHEN20 see P090 SCHRADA see P065 P103- Seenoume P104.. saeroyer*id
S M see P105 SPARIC see P020 SPOR-KILsee P002 SPRAY-TROt. BRAND ROOEH-TROL see P001 SPURGE seae P020 Pl0- SO~fA" aide Sodium curA dn see PO0 P10 6- Sod .,cyarids Soduw knroeceace see P066 SOOIUM WARFARIN see P001
SOLFARIN see P001 SOLFO..ACK B8see P048 SOLFOLACK S8 seeP048 PI07- SIronkm su" P106- Sydhrww Ad

sails SUBTEX see P020 SYSTAM see P066 TAG FUNGIIDE seae P02 TEXWAISA see P071 TEMIC see P070 TEMIK see P070

S IEFPJM4-TROLsee P0O0 P00. Telrastoyidllopyophoephale Pl 10- Takes" Imad Pill- Teirambsipoposplate P112 Tetivormethmm Teraphoephrido add. hexseh estr see P062 TETROSULFUR BLACK PB see P048 TETRO6ULPHUR PBR see P048 P113- Thiicadde The*= peroxide see P113 P114 .Th urnselariie

TWOR see P002 THLUIL see P002 THI00AN sea P050 IIIIOFOR see PM6 THIOMtUL see P00 THIONEX see P00 THIOPltET E see P071 P11- Thoseaicarbazde IToilfan fonef see P060 P117- Th~iurm THOUPSONS WOOD FIX see P0O0 TIOVELsee P050 PI1L Trichirontmtlharl'io TWIN LIGT RAT AWAYsee POW1 US FPH-8 see P060 USAF EK-4a00 see P002 PI19- Vaad sod anirium sal P120 Vardur peloxdde VOFATOX see P071 WANADU se P120 WARCOUMIN "a P001 WAR/FAIN SOOIUM see P001 WARFICIDE see P001 WOFOTOX see P072 YAN OC see P057 YASOKNOCK see P058 ZIARNIK see P002 P121- Ztc cyride PI22- Znc phosphide (RT) ZOOCOUMAIMR see P001 'The Age-ncy Idkxled tose trade rmes of tich it was aswhr an anlm of a t"d, name does not krn,'tha t e oritled merneal Is nothazardous. The matarial is hazardous N I Is isted aSthr its gneric name. 

### Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

Susttc Sub tacIFederal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

(f)The commercial chemical products

or manufacturing chemical intermediates, referred to inparagraphs (a), (b) and (d) ofthis section, are identified as toxic wastes (T)unless otherwise designated and are subject to the small quantity exclusion defined in § 261.5 (a) and (b). These wastes and their corresponding EPA Hazardous Waste Numbers are:

Hazardous Substance' Waste No.

AAF see U005 U001

.......... Acetaldehyde U002

......... Acetone (I) U003

.......... Acetonitrite (I,1) U004

.......... Acetophenone U005

.......... 2Acetylaminoflourene UDOS

......... Acetyl chloride (CT) U07

.......... Acrylamide Acetylene tetrachloride see U209' Acetylene trichlorde see U228 U0S

.......... Acrylic acid (I) U009

.......... Axlonir le AEFOTHENE Tr see U226 3.Amino-5-(p-acetamidophenyl)-IH-1,24-Vizole,

hydrate see U011 U010

.......... 6-Amino-l,la,2,88a,8b-hexahydro-8-

(hydroxymothyl)8-methoxy.5-methylcarbamate azIrlno(2',3'.3,4) pyrrolo(1.2-a) indole-4, 7-diond (ester) U011

.......... Amitrole U012

.......... Aniline (I) U013

.......... Asbestos U014

.......... Auramine U0IS

.......... Azaserine U016

.......... Benz[c]acidine U017

......... Benzal chloride .U018

.......... Benz[a]anthracene U019

.......... Benzene U020

.......... Benzenesulfonyl chloride (CR) U021

.......... Benzidine 1,2-Benzisothiazolin-3-one, 1,1-dioxde see U202 Benzota]anthracene see U018 a U022

.......... Benzorapyrene U023

...... Benzotrlchlorlde (C,RT) U024

.......... Bis(2-chloroethoxy)methane U025

.......... Bis(2.chloroethyl) ether U026

......... N,NoBis(2-chloroethy).2-naphthylamine U027

... Bis(2-chloroisopropyl) ether U028

.......... Bis(2-ethylhexyl) phthilate U029

.......... Bromomethane U030

.......... 4-Bromophenyl phenyl ether
U031.....n-Butyl alcohol (I) U032

.......... Calcium chromate Carbolic acid seebils Carbon tetrachloride see U211 U033........ Carbonyl fluoride U034

.......... Chloral U035

.......... Chlorambucil U036

.......... Chlordane U037

.......... Chlorobenzene U038

.......... Chlorobenzilate U039

.......... p-Chloro-m-cresol U040

.......... Chlorodibromomethane U041

.......... 1-Chloro-2.3-epoxypropane CHLOROETHENE NU see U226 U042

.......... Chloroethyvinyl ether U043

.......... Chloroethene ' U044.. Chloroform (1,T)
U045.... Chloromethane (1,T) U046.. Chloromethyl methyl ether
U047.....2-Chloronaphthatene U048

.......... 2-Chlorophenol U049

.......... 4-Chloro-o-toluidine hydrochloride U050

.......... Chrysene C.. 23060 see U073 U051

. Cresote U052

. Cresols U053

.......... Crotonaldehyde U054... Cresylic acid U055

......... Cumene Cyanomethane see U003 U056

.......... Cyclohexane (I) UD57

......... Cycohexanone (I) U058

.......... Cyclophosphamide U059

.......... Daunomycin U060

.......... DDD Hazardous Waste No. Substance'

U061

.......... DDT U062.

..... iallate

U063

...... Dibenz[a.hlanthracene Dibearzola,hanthrhcene see U063 U064

......... Dibenzo[ai]pyrene U065...... Dibromochloromethane U066...... 1,2-Dibromo-3-chloropropane U067.... 1,2-Dibromoethane U068

..... Dibromomethane U069...... Di-n-butyl phthalate U070...... 1,2;Dichlorobenzene U071..... 1.3-Dichlorobenzene U072....... 1,4-Dichlorobenzene U073....... 3,3'-Dichlorobenzdkine U074.... 1,4-Dichtoro-2-butene 3.3'-Dichloro-4,4'-diaminobiphenyl see U073 U075.....-.. Dichloroduiluoromethane U076....-... .1-Dichloroethane U077.-...... 1,2-Dichloroethane U078....... 1,1-Dichloroethylene U079

..... 1,2otrans-dichloroethyane U080......... Dichforomethane Dichloromethytbenzene see U017 U081....... 2,4-Dichlorophenol U082....... 2,6-Dichforophenol U083..... 1.2-Dichloropropane U084...... 1,3-Dichloropropene U085........ Diepoxybutane (1,T) U086..-..... 1,2*Diethyihydrazine
U087-..- 0,0-Diethyl-S-methyl 'ester of phosphorodithioic acid UO8&..... Diethyl phthalate U089..... Diethylstitbestrol U090

...... Dihydrosafrote U091.... 3,3'-Dimethoxybenzidine U092....-.. Diethylanine (I) U093......... p.Dimethylaminoazobenzene U094

...... 7.12-Dimethylbenz[a]anthracene U095.

....... 3.3'-Dimethylbenzidine U096...... alphaalphaDimethylbenzyhydroperoxde (R) U097...... Dimethylcarbamoyl chloride U098.... 1.1-Dimethylhydrazine U099..... 1.2-Dimethylhydrazine U100..... Dimethylnitrosoamine U101...... 2,4-Dimethylphenol U102..

..... Dimethyl phthalate U103 .-. Dimethyl sulfate U104..... 2,4.Dinitrophenol U105.

. 2,4-Dinitrotoluene U106-.... 2,6-Dinitrotoluene U107 .-. Di-n-octyl phthalate U108. 1,4-Dioxane U109....- 1,2-Diphenylhydrazine Ul1O....... Dipropylarnne (I) UI 1

...... Di-n-propytnitrosamine

EBDC see U114 1,4-Epoxybutane see U213 U112...... Ethyl acetate (I) U113.. Ethyl scrylate (I) U114........ Ethylenebisdithiocarbamate Ul15....... Ethylene oxide (I,1) Ul16........ Ethylene thiourea Ul17.. Ethyl ether (1,T) Ul18

..... Ethylmethacrylate Ul19...... Ethyl methanesulfonate Ethynifrile see U003 -Fremaster T23P see U235 U120. Fluoranthene

. U121...... Fuorotdichloromethane U122....... Formaldehyde U123-. Formic acid (0,1) U124

.......... Furan (I) U125

....... Furfural (I) U126-....... -Glycidylatdehyde U127

......... Hexachlorobenzene U128...--.. Hexachlorobutadiene U129........ Hexachdorocyctohexane U130......-. Hexachlorocyclopentadiene U131

..... Hexachloroethane U132

...... Hexachlorophene U133........ Hydrazine (RT)- U134........ Hydrofluodc acid (CT) U135...... Hydrogen sulfide Hydroxybenzene see U188 U136

...... Hydroxydimethyl arsine oxide 4,4'-(Imidocarbony bis(N,N-dimethyaniline see

U014 U137....... lndeno(1,2,3-cd)pyrene U138..... lodomethane
U139

...... Iron Dextran U140-....... Isobutyl alcohol Hazardous Waste No. Substance'

U141

.......... Isosafrole U142.

........ Kepone U143

........ Laslocarpine U144........ Lead acetate U145

.......... Lead phosphate. U146

.......... Lead subaceato U147........ Maleic anhydride U148

.......... Malec hydrazido U149. Malononittile MEK Peroxide see U160 USO

.. Melphalan U151

.......... Mercury U152......... Methacrylonitrilo
U153 Methanethol U154

.......... Methanol U155...... Methapyrilene Methyl alcohol see U194 U156

......... Methyl chlorocarbonate Methyl chloroform see U226 U157

.......... 3-Methylcholanthrene Methyl chloroformate see U156 U158

........ 4,4-Methylane-bis.(2-chloroanilno) U159

.......... Methyl ethyl ketone (MEK) (1") U160

.......... Methyl ethyl ketone peroxide (R) Methyl iodide see U138 U161

.......... Methyl Isobutyl ketore U162........ Methyl methacrylato (R,T) U163........ N-Methyl-N'-nitro-N-nitrosoguandino U164

........ Methylthiouracil Mitomycin C see UOIO U165

......... Naphthaleno U166

.......... 1,4-Naphthoquinone U167

........ l-Naphthylamine U168...... 2-Naphthylamine U169

.......... Nitrobenzene (1.7) Nitrobenzol see U169 U170......... 4-Nitrophenol U171

.......... 2-Nitropropane (I) U172

......... N-Nitrosodl-n-butylamilno U173

.......... N-Nitrosodiethanolamino U174

......... N-Nilrosodiethylamno U175....-... N.Nitrosodi-npropylamlno U176.

........ NoNiltosoonethylurea U177

......... N-Nilroso-n-mthylurfa U178

.......... N-Nitroso-n-methylurethano U179. NoNitrosopipeddino U180

......... N-Nrlosopyrolidine UI11....... 5-Nitro-o-toluldine U182..... Paraldehyde PCNB see U185 U183-........ Pentahlorobenzeno U184........ Pentachloroethane U185.

........ Penachloonitrobenzeno U186 1,3.-Pentadieno (I) Perc see U210 Porchlorethyleo see U2t0 U187

......... Phenacelin U188

.. Phenol U189.... Phosphorous sulfide (A) U190...... Phthalic anhydride U191

.......... 2-Picoline U192

......... Pronamide U193..... 1,3-Propane sultone U194.....-. n-Propylarino (I) J19........ Pyridine
U197.

........ Ounones U200

..... Reserpine U201

......... Rosorcnol U202......... Saccharin U203

.......... Safrot U204......... Sclenious acid U205

......... Selenium sulfide (R,') Silvex see U233 U206

....... Streptozotocin 2,4.5-T see U232 U207

......... 1,245.Ttrachorobenzeno U208

....... 1,l,1,2-Tetrachloroethano U209

.......... 1,1,2,2-Tetrachloroethano U210

.......... Tetrachloroetheno Tetrachloroethylono see U2i0 U211... Tetrachloromethane U212.... 2,3,4.6-Tetrachlorophonol U213

..... Tetrahydrofuran (I) U214....... Thallium (I) acetate U215..... Thallium (I) carbonate U216...... Thallium (I) chloride U217.....-... Thallium (1)nitrate U218...... Thloacetamide U219.

.. Thoure U220....-... Toluene U221

.......... Toluenediamine U222

...... o.Toludino hydrochloride 33126Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

Hazardous Waste No. SutanceI

Ug-.-- Tolu* isocyanate U224- ToXaphN Z4.5-TP see U233
U -- Tironomethane U226--- 1.1.1-Trichloroethane U227- 1.12-Trdichloroethane U228- Trictioroethene Trichiboetk4ene see U228 U22 Trichgorotormeta U230-. 2.4.5-Tricoro1phno U231- 24.6-Trichorophenotl U232__ 2,4.5-Trctoroo-eoxyaeic acid U233-... 2,4,5-T" " " acid aVph. alpha, alpo-Tnihorotolun see U023 TRI-CLENE see U228
U234--- Trinitrobenzene (RI) U235-. Tris(2,3-dAcom opyt phohate U236- Twan blue U237-- Urac rustard U238- Urethane Vriyl chloridesee U043 Vinrldene chloridesee U078 U239- Xyene

1 The Agency icnuded those trade names of which itwas

aware an omission of atrade name does notirply thatit is not hazardous. The mateial ishazardous if it is listed under its generic name.

Appendix I-Representative Sampling Methods

The methods and equipment usedfor sampling waste materials willvary with the form and consistency ofthe waste materials to be sampled. Samples collected usingthe sampling protocols listed below, for sampling waste with properties similar to the indicated materials, willbe considered bythe Agency to be representative ofthe
waste.
Extremely viscous liquid-ASTM Standard

D140-70Crushed orpowdered materialASTM Standard D346-75 Soil or rock-like material-ATM Standard D420-69 Soillike material-ASTM Standard D1452-65 FlyAsh-like material-ASTM Standard

D2234-76 [ASTM Standards are available from ASTM, 1916Race St., Philadelphia, PA 19103] Containerized liquid wastes--"COLWASA"

described in 'TestMethods for the Evaluation ofSolid Waste, Physical/ Chemical Methods," IU.S. Environmental Protection Agency. Office ofSolid Waste, Washington. D.C. 20460. [Copies may be obtainedfrom SolidWaste Information, U.S. Environmental Protection Agency. 26 W. St. Clair St., Cincinnati, Ohio 45268] Liquid waste inpits, ponds, lagoons, and

similarreservoirs.-"Pond Sampler" described in "Test Methods for the Evaluation ofSolid Waste, Physical/ Chemical Methods." I
This manual also contains additional information on application ofthese protocols.

'These methods are also described in "Samplers and Sampling Procedures for Hazardous Waste Streams" EPA 600/2-0-o-18. January 1980. Appendix 11- EP Toxicity Test Procedure

A. ExtractionProcedure (EP)

1.A representative sample ofthe waste tobe tested (minimum size 100 grams) should be obtained using the methods specified in Appendix Ior any other methods capable ofyielding a representative sample within the meaning ofPart260. [For detailed guidance on conducting the various aspects ofthe EP see 'Test Methods for the Evaluation ofSolidWaste, Physical/ Chemical Methods," SW--846,U.S. Environmental Protection Agency Office ofSolidWaste, Washington, D.C. 20460.1]

2.The sample should be separated into its component liquid and solid phases using the method described in "Separation Procedure" below. Ifthe solidresidue 2obtained using this method totals less than 0.5%ofthe original weight ofthe waste, theresidue

can be discarded and the operator should treat the liquid phase as the extract and proceed immediately to Step 8. 3.The solid material obtained from the Separation Procedure should be evaluated forits particle size. Ifthe solid material has a surface area per gram of material equal to, orgreater than, 3.1

cm 2orpasses through a 9.5 

### min(0.375 inch) standard sieve, the operator should proceed to Step 4.Ifthe surface

area is smaller orthe particle size larger than specified above, the solid material should beprepared for extraction by crushing, cutting orgrinding the material

so that it passes through a 9.5mm (0.375 inch) sieve or, ifthe material is in a single piece, by subjecting the material to the "Structural Integrity Procedure" described below.

4. The solid material obtained in Step 3 shouldbe weighed andplaced in an extractor with 16 times its weight of deionized water. Do not allow the material to dry prior to weighing.For purposes ofthis test, an acceptable extractor isone which will impart sufficient agitation to the mixture to not only prevent stratification ofthe sample and extraction fluidbut also insure that all sample surfaces are continously

I Copiesmaybe obtained from SolidWaste Information. U.S.Envronmental Protection Agency 26W. St. Clair Street. CincinnatL Ohio45258.

2The percent solids Isdeterminedby drying the rilterpad at80 Cuntil itreaches constant weight and thencalculating thepercent solids usingthe following equation: (weight of pad + so~d)

- t-sweight ofpad

x 10D0 % sokd k"htW of sample brought into contact with well mixed extraction fluid.

5. Afterthe solid material and deionized water are placed in the extractor,the operator should begin agitation and measure thepH ofthe solution in the extractor.IfthepHis greater than 5.0, the pH ofthe solution should be decreased to 5.0 ± 0.2by adding 0.5N acetic acid. IfthepH is equal to orless than 5.0, no acetic acid should be added. ThepH ofthe solution should be monitored, as described below, during the course ofthe extraction and ifthe pHrises above 5.2. 0.5N acetic acid should be added to bring the pH down to5.0 ± 0.2. However, in no event shall the aggregate amount ofacid added tothe solution exceed4 ml ofacidper gram of solid. The mixture shouldbe agitated for 24 hours and maintained at 20°-40* C(68"- 104"F) during this time.It is recommended that the operatormonitor and adjust the pHduring the course of the extraction with a device such as the Type 45-A pH Controller manufactured by Chemtrix, Inc., Hillsboro, Oregon 97123 or its equivalent, in conjunction with a meteringpump and reservoir of 0.5N acetic acid. If sucha system is not available, thefollowing manual procedure shall be employed:



### (a)ApHmeter shouldbe calibratedin accordance with the manufacturer's specifications.

(b] ThepH ofthe solution should be checked and. ifnecessary, 0.5Nacetic acid should bemanually added to the extractor until thepH reaches 5.0 ± 0.2.The pH ofthe solution shouldbe adjusted at 15. 30 and 60 minute intervals, moving tothe next longer interval ifthe pHdoes nothave tobe adjusted more than 0.SN pHunits.

(c)The adjustment procedure shouldbe continued for at least 6hours.

(d) If

at theend ofthe24-hour extraction period, the pHofthe solution isnotbelow 5.2
"and the maximum amount ofacid (4mlper gram ofsolids)has notbeen added, the pH should beadjusted to 5.0 ± 0.2 andthe extraction continued foran additional four hours, duringwhich the pHshould be adjusted at onehourintervals.

6. At the end ofthe24 hour extraction period. deionized water shouldbe added
to the extractor in an amount determined by the following equation: V= (20][W)-1(W]-A V= ml deionized watertobe added W= weight ingrams of solid charged to

extractor A= ml of0.5N acetic acid added during

extraction
7.

The material in the extractor should be separated intoits component liquid and solid phases as described under "Separation Procedure."

8. Theliquids resultingfrom Steps2 and 7should be combined. This 

## 33127Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

combined liquid (orthe waste itselfifit has less than 1/2 percent solids, as noted in'Step 2] is the extract and should be analyzed forthe presence ofany ofthe contaminants specified in Table I of § 261.24 using the Analytical Procedures designated below. Separation Procedure Equipment: A filter holder, designed for filtration media having a nominal pore size of0.45 micrometers and capable ofapplying a 5.3 kg/cm 2 (75psi] hydrostatic pressure to the solution being filtered shall be used.For-mixtures containing nonabsorptive solids, where separation can be affected without imposing 

### A5.3 kg/cm 2pressure differential, vacuum filters employing a 0.45 micrometers filtermedia canbe used. (Forfurther guidance on filtration equipment orprocedures see "Test Methods forEvaluating SolidWaste, Physical/Chemical Methods."]

Procedure: 3 (i]Folloving manufacturer's directions, the filter unit should be assembled-with a filter bed consisting of

a 0.45 micrometer filter membrane. For difficult or slow to filter mixtures a prefilter bed consisting ofthe following prefilters inincreasing pore size (0.65 micrometer membrane, fine glass fiber prefilter, and coarse glass fiber prefilter)

can be used.

(ii)The viaste should be poured into the filtration unit.

(iii)The reservoir should be slowly pressurized until liquid begins to flow. from the filtrate outlet atwhich point the pressure in ,he filter should be immediatel lowered to 10-15 psig. Filtration s iould be continued until liquid flow ceases.

(iv)The pressure should be increased stepwise in 10psi increments to 75 psig and filtration continued until flow

ceases or thepressurizing gas begins to. exit from the filtrate outlet.

(v)The filier unit should be depressurized, the solid material removed and weighed and then transferred tp the extraction apparatus, or,in the case offinal filtration priorto, analysis, disbarded. Do not allow the

-This procedue is intended to result in separation of thd "free" liquid portion of the waste from any solidm'atter having apartlcle size >0.45um. Ifthe s~mple will not filter,various other separation techniques canbe usedto aidin the filtration. As despribed'above, pressure filtration is employed to speed upthe filtration process. This does not alter the nature ofthe separation; Ifliquid does not separate during filtration, the waste can be centrifuged. If ieparation occurs during centrifugation the liquidportion (centrifugate) is filtered through the 0.45urnfilterprior to becoming mixed with the liquidportion of the waste obtained from the initial filtration. Any material thatwill not pass through the filter after centrifugation is considered a solid andis extracted. material retained on the filterpad to dry prior to weighing.

(vi)The liquid phase shouldbe stored at 4°C for subsequent use in Step 8.

B.Structural IntegrityProcedure Equipment: A Structural Integrity Tester having a 3.18 cm (1.25 in.) diameter hammer weighing 0.33 kg (0.73 lbs.) and having a free fall of 15.24 cm (6 in.) shall be used. This device is available fromAssociated Design and Manufacturing Company, Alexandria, VA., 22314, as Part No. 125, orit maybe fabricated to meet the specifications shown in Figure 1.

Procedure:

-

1. The sample holder shouldbe.filled with the material to be tested.Ifthe sample ofwaste is a large monolithic block, a portion should be cut from the block having the dimensions ofa 3.3 cm (1.3 in.) diameterx 7.1 cm-(2.8in.) cylinder.For a fixated waste, samples may be cast in the form ofa 3.3 cm (1.3 in.) diameterx 7.1 cm (2.8 in.) cylinder for purposes ofconducting this test.In such cases, the wastemay be allowedto

cure for30 days priorto further testing.

2. The sample holder should be placed into the Structural Integrity Tester, then the hammer shouldbe raised toits maximum height and dropped. This should be repeated fifteen times.

3.The material shouldbe removed from the sample holder, weighed, and transferred to the extraction apparatus for extraction. AnalyticalProcedures forAnalyzing ExtractContaminants

The test methods for analyzing the extract are as follows:

(1)For arsenic, barium, cadmium, chromitm, lead,mercury, selenium or silver: "Methods for Analysis ofWater and Wastes," Environmental Monitoring and Support Laboratory, Office of Research andDevelopment, U.S. Environmental Protection Agency, Cincinnati, Ohio 45268 (EPA-600/4-79- 020, March 1979),

(2)For Endrin; Lindane; Methoxychlor; Toxaphene; 2,4-D; 2,4.5- TP Silver: in "Methods for Benzidine, Chlorinated Organic Compounds, Pentachiorophenol and Pesticides in Water and Wastewater," September 1978, U.S. Environmental Protection Agency,Environmental Monitoring and Support Laboratory, Cincinnati, Ohio 42568,

as standardized in 'Test Methods for the Evaluation ofSolid Waste, Physical/ Chemical Methods."

For all analyses, the method of standard addition shall be used forthe quantification ofspecies concentration. This method is described in "Test Methods for the Evaluation ofSolid Waste." (Itis also described in "Methods forAnalysis ofWater and Wastes.")

BILLING CODE 6560-01-M 33128cnA'-,'i Doon=a°,-

### I Vnl 4. 

### Mn.qR 

## I Monday. May 19. 1980 

## I Rules and Regulations339

3.3cm 14 (1.3")

9.4cm (3.7") COMBINED WEIGHT .33Kg (.731b)

ELASTOMERIC * SAMPLE HOLDER

*ELASTOMERIC SAMPLE HOLDER FABRICATED OF

MATERIAL FIRM ENOUGH TO SUPPORT THE SAMPLE 

# Figure 1

COMPACTION TESTER

BILLNG COOE &%"-01-C p-A -1 1 UnI 45 No 98 / Mondav, Mav 19, 1980 / Rules and Regulations 

### 3312933130 Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

Appendix Ill-Chemcal Analysis Test Methods

Tables 1, 2 and 3 specify the appropriate analytical procedures, described in "Test Methods for Evaluating Solid Waste" (SW-846), which should be used in determining whether the waste in question contains

a given toxic constituent. Table 1 identifies the.analytical class and the, approved measurement techniques for each organic chemical-listed in Appendix VII. Table 2 identifies the corresponding methods for the inorganic species. Table 3 identifies the specific sample preparation and measurement instrument introduction techniques which may be suitable forboth the organic and inorganic species as well as the matrices of concern.

Prior to final selection ofthe analytical method the operator should consult the specific method descriptions

- m SW-846 for additional guidance on which of the approved methods should be employed for a specific waste, analysis situation.

Table l.-Analyf'cal Charactenstics ofOrganic Chemials

Measurement technaques Compound Sample handineg

- Non-GC class/fracon methods Conventional GC/MS GC Detector

Acetonithile

............... .... Volale

....... Acroleln

.......................... ........ Volable..

. . . . Acrylamide

................ ....... AcryloNtrile

............... ...... Volatile.................. Benzene

................................. Senz(a)anthracene....... Extractable/SN

.. ...... 8.10 (HPLC)_ Benzo(a)pyrone

.............. Extractable/BN

............. 8.10 (HPLC)_ Benzotrchlorde

.......... ....... Extractable/BN........ Bonryl chloride

. ....... Volatile or Extractable/SN

Benz(b)fluoanthne............ Extractable/BN.

...... 8.10 (HPLC)_ Sis(2-chloroethoxymethane)

..... Volaile......... -.. -... ,. Sls(2.chloroethyl)ether

_....... Volatie...... Sls(2-chlorolsopropyether

....... Volatile........ Carbon disulfide

....... Volatile --.. Carbon tetrachloride.

......... Volatile..

- - - Chlordane Extractabe/BN........................ Chlonnated dlbenzodioxans

. Extractable/SN.... Chlorinated blphenyls............. Extractable/BN.

.......... Chloroacetaldehyde

................ Volatile Chlorobenzeno

.................. Volatle

-
_ _

Chloroform

.............................. Volatile Chloromethane

....................... Volatle__

_ _ 2-Chlrophenol

....................... Extractable/SN

........ Chrysene

............. . ........... Extractable/SN........ 8.10 (HPLC)_ Creosote

. ....................... Extractable/SN.___ Cresol(s)

................... F.xt.ctabeA

.................. - Crsylic acle(s)

............................ Extractable/A

.......... Dichlorobenane(s)

................. Extractabl/BN

Dichloroethane(s)

.................. Volatile Dichloromethane

.................. Volatile_........._, Dichlorophenoxy.acetic acid.... Extractable/A_.

......... . Dichloropropanol

................. Extractable/BN

....... - 2,4-Dimothyphenol

................. _ Extrctabl/A

.. . Dinitrobenzne

................. ... ... Extractable/BN

...... .. . 4,6-Dinotro-o-cresol.............. Extractable/A

_............ 2,4.Dinitrotoluene

........................ Exbactable/BN...---.... Endrin

.................................... Extractabl/P

.... _........... Ethyl ether

............................... Volle............... 8.24 8.03 NSD 8.24 8.03 NSD 8.24 8.01 FID 8.24 8.03 NSD 8.24 8.02 PID 8.25 8.10 FID 8.25- 8.10 FlID 8.25 8.12 ECD 8.24 8.01 HSD 8.25

- 8.12 ECO 8.25 8.10 RD 8.24 8.01 HSD 8.24 8.01 HSD 8.24 8.01 HSD 8.24 8.01 HSD 8.24 8.01 HSD 8.25 8.08 HS0 8.25 8.08 ECO 8.25 8.08 HSD 8.24 8.01 "HSD 8.24 8.01 HSD. 8.02 PID 8.24 8.01 HSD 8.24 8.01 HSD 8.25 8.04 FID,ECD 8.25 8.10 FD 18.25 8.10 ECO 8.25 8.04 RD, ECO 8.25 8.04 FID. ECO 8.25- 8.01 HS0 8.02 PID 8.12 ECO 8.24 8.01 HSD 8.24

- 8.01 HSD 8.25 8.40 HSD 8.25 8.12 ECD .8.25 8.04 FID, ECD 8.25 8.09 RD. ECD 8.25 8.04 RD, ECD 8.25 8.09 RD, ECD 8.25 8.08 HSD 8.24 8.01 FD 8.02 RD Formaldehyde

............................... Volatile

.......... 8.24 8.01 RD Formic acid

............................... Extractable/BN

................ 8.25 8.06 RD Heptachlor

........................... Exractable/P

........... .. _ 8.25 8.06 HSD Hexachlorobenzne

............... Extractable/BN.................

. 8.25 8.12 ECO Hexachlorobutadiene

. .......... Extractable/BN.

............ . 8.25 8.12 ECD Hexachloroethane

................ Extractable/BN..

........ 8.25 8.12 ECD H

exachlorocyclopentadiene ...-... Exactable/8N_....... 8.25 8.12 ECD,, Undane

...................................... Extiactable/P.......... 8.25 8.08 HSD' Maloic anhdrde

..................... Extractable/BN..-.. 8.25 8.06 ECD. RD Methanol... ..-

... Volate........

. 8.24 8.01 FID Mothomyl..

............... ............ Extractable/BN............... 8,32 (HPLC)_ Methyl othyj ketone................... Volatile.....

.............. ... 8.25 8.01 RD 8.02 RD Methyl IsobWdy ketone-...._.... Volatile...__

__ 8.25 8.01 RD

8.02 FD Naphthalene

........................ .......... Extractable/BN_..;

. ............ 8.25 8.10 RD Napthoquinone

................................... _ -8.25 8.06 ECD, FID

- 8.09 RD Nitrobenzeno

.............. .........- Extractable/BN....... 8.25 8.09 ECD, RD 4-Nitrophenl

.............................. Exlractable/A

. .... ......... 8.24 8.04 ECD, RD Paraldehyde'(rtmer of Volatile.

................. ... 8.24 8.01 RD

acetaldehyde).Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

Table 1.--Ma Characteistics of

OrganicChenra-S-Continued

ComPnd SaWle hnAV No*G C

______ class/fraction methods COMWeno GC/MS GIC Deector

Pentachloopol

- Extractbl/A,__ 8.25 Phenol-

......... Extractable/A 8.25 Phorate Extractable/BN

_ Phosphorodtioicacid esters__ Extractable/BN

_

Phthafic antoide ExtraCtable/N__

_ 8.25

2-Pcon,'_ Exractable/BN__ 8.25

Pid.ine ExtractableBN__ 8.25

Tetrachorobenzenes)

- ExtractableBN_

_ _825 Tetrachloroethane(s)

_ Volatile

.... 8.24 Tetrachoroethenr Volati1e_24__ 824 Tetrachorophenol Extractable/A ,,8.24 Toluene

..... &Volatile_8.24 Te deaian_ ExlractabBN

_ 8.25 Toluene disocyanate(s)

- Extractble/noeaqueos-
-- am825 Toxaphene ExkactabWP ,,,8.25 Trichroethane_ Volatile 824 Trichloroethene(s) Volatie

- ... 8.24 Trichloofluoromethane

- Volatil

- 8.24 Trichioropheno(s)

- Extractable/A_____

____ 8.25 2.4,5-TP (Sivex) Extractable/A__ 8.25 Trichioropropane Volatile -__ 8.24 vaiyt chloide Volatile 8.24 Virylidene chlorid Volatle

- 8.24 Xylene Volatile

..... _8.24 &04

8.22

- 8.06

8.22

8.06
8.00 8.06

8.01

8.02

8.06 8.06 8.01

8.01 8.04 8.40 8.101
8.01 8.02 Eco ECM. FO FPO ECO, PlO ECo. plO FPO ECO, no ECO.FlO ECD, Flo

ECD, FID

ECO HFO HSO ECO

NO
Flo HSO HSO HSO HSO

HSO HSO HSO HSO Pxo

'Analyze for phenanthrene and carbazole; ifthese are present in a ratio between 1.4:1 and5:1, crootle ahoudd be consd

ered present.

- ECO = Electron capture detetor RD

- Flame lotazb5on detector FPD

- Flame pholomeft detector HSD

- Halde specificdetector. HPLC = KOgpressre liqidchromoWrapty NSO

- Ntogn-,pcic dect. PIO

- Phocohtion de. lector.

Table 2-Anal'/alndCharactesbcs of InorgaicSpecies

Speces Sample had class measroment lec A Mehod

Antimony Digestion Atomic absorbtlon-hrniaeiam e8 50 Arseni

...... Hydride Atomic aborblon-Flme 8.51 Barkrn Igestion Atomic abeoton-fxnce/fam 8.52 Ca dn. .Digestion , Atomic &bso__on~fnac m 8.53 CtvoiumDigestioni Atomic abctlnIwaelime85 Cyarde Hydrot'ai Atomic aborbtloncop &W Lead Diges.tion. Atomic aboeobtion-nmace/flame

- 8.58 Meecixy Cold Vapor

- Atomic abeibtlon 8.57 Nickel Dgestion Atomic b6lm 8.5 ,,mHydride digestion

- Atomic ab tlme

_ 8.5 Siver Digestion Atomic abaocbtl-nnc/1e __00

Table 3.-Sample Preparlon/Sample IntMxtion Tedniques

Physicalcharacteristics of waste' Sample handFrg class Fid Paste Sold

Voltte

- Prge and Purgeand Headopace. trap- trap. Direct Headspace.

ioecton. Sen*ivolstie Direct Shake out -. Shake out.

and injection. Soxhlet. nonvolatile. Shake out._ Soncalon. Inorga

__ Dect in-tin Dges Digestiont Digestion. Hydrde_ Hsde__ Hde.

'For purposes of this Table. Iuid refers to readliy Porable Nquids wich may or may not contain suspended pauicmes Pasteke raterials. whie flid in the soen of flowabaty. can be thought of as beig thixotropic or plastic in nate, e.g. pa-. Solid materials are those wastes which can be handled %ihout a container (Le., can be pied up without appreclable sagging). Procedure and MethodNumber(s) Digestion-See appropriate procedure for

element ofinterest. Direct injection--8.80 Headspace-&82 Hydride--See appropriate procedure for

element ofinterest. Purge & Trap--8.83 Shake out--8.84 Sonication--8.85 Soxhlet--8.88 AppendxVlL-&sskfirLf -Heanaro( Wastes

EPA hazadou Hazardous consiuarfti forwtich listed wla NO.

FW1- letachroetvy4ene metryfane chloid tichloro jfw cchxo rita:sor ost

. ,1,1rk oIt6ta -ti.t

- F002- lair yn methane c de iclor oF0h0__..i)e.cbenneN.1.2fhoO1-kratn.

- dchikroberm". F=

- N-A F004- cracok and crae~ic ac4d rIfrctercia F0=

- malw)nL foka. mek etI ke.

R06O cm*r chre md cyanide



### -

F00

_ (-af) FRO

__ cyar (at) FOlo- cyanide (saIIIs) FOiO.__ conide(sail) F012- cyanide(sails
F013-.4, cyaa-e(CO.plexed)

F03...... cai.cnl.axad om~ F014- cyeide(comraxd F05S......._ cyanide (saldt) F016...... clanidef(crOplaed) K001-.... benrane. berci(a~argwce barrro(aXp~jrane cixysgns.4-n l~uW 

### -AW phano 2-chcropivnol. Z4-deet'fl pienol. 2.4.&.ilrlhrophanoL. paetfropl-col 4.6-

KO04__ ckior'ehaol K002- chromim Seed K0 cronmit m lad K004- drootmn K005-. dnonm lead

K<0

__ dson~m
KO0- ctoroon

. d
11

m-y choride. paraehye.lmrc add lf0O10-... cicrolorm. looicenlahde. metylan chloride. N x4 pa

. b ac4
Mj1 acrylon~fl. acaonirile. hyckoclanicacid X012. acrylorikie acelorie. acroleinacryianida K013-..... hyckocyaric acdd. acryorbii.. acaicuimle K014-..... acalorikie. acryfanide K015. banryl chloride. chlorcbanzme. lok.e, bermoKOI....6.. hclrobenzene. aducciiee carbon det aodrcid. hwtachioroethane; Perchl.etydene. c
esaw and beg (2.chlreh ethersi. kictioropropanachioppanots

buldenhaedorobeauane KIO.......0 e- o 1,1e 1,1,2- tcttiane. takachlcothanea (1.1,.24-

airoetiand 1.1.). -ihocbl. letachlro-m carbon ltkadckido. chkrolcnll .;.A diceide.

.-. yr drne cicid 33131Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

Appendix VIL.-Basis forLisfingHazardous Wastes-Continued

-

EPA hazardous Hazardous constituents for which listed waste No.

K020

.......... eyne dichloride, 1.1,1-trichloroethane, 1,1,2- ichloroothane. tetrachloroethanes (1.1,2.2-tetradhloroethane and 1.1,1.2-tetrachloroethane), trichloroethylene. tetrachloroethyfene. carbon tetrachloride, chloroform, vinyl chloride. vinyli. dene chloride K021

.......... antimony, carbon tetrachloride. chloroform K022

.......... phenol, tars (polycycticaromatic hydrocarbons) K023

.......... phlhaic anahydrido. maleic anhydride K024

...... phthalic anhydride, polynuclear tar~like materials, naphthoquinone K025

.......... meta-dinilrobenzene. 2.4-dinitrotoluene K026

.......... paradehyde, pyridines. 2-picoline K027

...... toulone dilsocyanate. toluene-2.4-diamine, tars (benzidimidazapone) K028

. 1,1,1-trichloroethane,vinyl chloride K029

.......... 1,2.-dichloroethane. 1.1,1-trichloroethane, vinyl chloride,vinlyldene chloride, chloroform K030

.......... heachlorobenzene, hexachlorobutadine, hexachloroethane, 1,1,1,2-tetrachloroethane. 1.l2,2-tetrachloroethane, ethylene dichloride K031

.......... arsenic K032

.......... hexachlorocyclopentadiene K033

.......... hexachlorocyclopentadiene K034

.......... hexachlorocyclopentadiene K035

.......... crdsote, benz(a)anthracen, benz(b)luoroanthene. benzo(a)pyrene K036

.......... toulene, phosphorodilhioic and phosphorothioic acid esters K037

.. loulene, phosphorodithioic and phosphorothiolc acid esters " K038

.......... phorate, formaldehyde, phosphorodithioic and phosphorothloic acid esters K039.....-. phosphorodithioic and phosphorothloic acid esters K040........ phorate, formaldehyde, phosphorodithoic and p.hosphorothoic acid esters K041

... tosaphone K042

.......... heXtachlorobenzene; ortho-dichlorobenzene
K043..... 2.4-dichlorophenol, 2.6-dichlorophenol. 2.4.6- ttichlorophenol K044...... NA K045

... NA K046..:..... lead K047

... NA K048...... chromium, lead K049

.......... chromium, lead K050

.......... chromium K051.....;.. chromium, lead K052..... lead K053..... chromium K054......... chromium K055

........ chromium, lead K056... chromium, lead K057

.......... chrpmium, lead K058

.......... chromium, lead K059

... NA K060

.......... cyanide, naphthalene, phenolic compounds, arsenic K061..... chromium, lead, cadmium K062

.......... chromium, lead K063

.......... chromium, lead K064...... lead, cadmium K065.... lead, cadmium • K066

.. lead cadmium K067... lead, cadmium K068

.......... lead, cadmium
K069...... chromium, lead, cadmium

NA-Waste Is hazardous because it meets eitherthe
Ignitability. corrosivityor reactivitycharacteristic. Appendix III-Hazardous Constituents Acetaldehyde (Acetato)phenylmercury Acetonitrilef 3-(alpha-Acetonylbenzyl)-4-hydroxycoumarin

and salts 2-Acetylaminofluorene Acetyl chloride 1-Acetyl-2-thiourea Acrolein Acrylamide Acrylonitrile Aflatoxins Aldrin Allyl alcohol Aluminum phosphide 4-Aminobiphenyl

- 6-Amino-l,la,2,8,8a,8b-hexahydro-8-

(hydroxymethyl)-8a-methoxy-5- methylcarbamate azirino(2',3':3,4) pyrrolo(1,2-a)indole-4,7-dione (ester) (Mitomycin C) 5-(Aminomethyl]-3-isoxazolol 4-Aminopyridine Amitrole Antimony and compounds, N.O.S.5
Aramite Arsenic and compounds, N.O.S. Arsenic acid Arsenic pentoxide Arsenic trioxide Auramine Azaserine Barium and compounds, N.O.S. Barium cyanide Benz[c]acridine Benz[alanthracene
Benzene Benzenearsonic acid Benzenethiol Benzidine " Benzo[a]anthracene Benzo[b]fluoranthene Benzoojlfluoranthene Benzo[ajpyrene Benzotrichloride Benzyl.chloride Beryllium and compounds, N.O.S. Bis( -chloroethoxy)methane Bis(2-chloroethyl) ether N,N-Bis(2-chloroethyl)-2-naphthylamine Bis(2-chloroisopropyl ether Bisfchloromethyl) ether Bis(2-ethylhexyl) phthalate Bromoacetone Bromomethane 4-Bromophenyl phenyl ether Brucine 2-Butanone peroxide Butyl benzyl phthalate 2-sec-Butyl-4,6-dinitrophenol (DNBP) Cadmium and compounds, N.O.S. Calcium chromate Calcium cyanide Carbon disulfide Chiorambucil Chlordane (alpha and gamma isomers) Chlorinated benzenes, N.O.S. Chlorinated ethane, N.O.S. Chlorinated naphthalene, N.O.S. Chlorinated phenol, N.O.S. Chloroacetaldehyde Choroalkyl ethers p-Chloroaniline Chlorobenzene Chlorobenzilate 1-(p-Chlorobenzoyl)-5-methoxy-2-

methylindole-3-acetic acid p-Chloro-m-cresol 1-Chloro-2,3-epoxybutane 2-Chloroethyl vinyl ether Chloroform ChIoromethane Choromethyl methyl ether 2-Chloronaphthalene

'The abbreviation N.O.S. signifies those members ofthe general class "not otherwise specified" by

name in this listing. , 2-Chlorophenol 1-(o-Chlorophenyl)thiouirea 3-Chloropropionitrile alpha-Chlorotoluene Chlorotoluene, N.O.S. Chromium and compounds, N.O.S. Chrysene Citrus red No. 2 Copper cyanide
Creosote Crotonaldehyde Cyanides (soluble salts and complexes),

N.O.S, Cyanogen Cyanogen bromide Cyanogen chloride Cycasin 2-Cyclohexyl-4,6-dinitrophenol Cyclophosphamide Daunomycin DDD DDE DDT Diallate Dibenz[a,h]acridine Dibenz[a,j]acridine Dibenz[a,h]anthracene(Dibenzo[a,h

anthracene) 7H-Dibenzo[c,g]carbazole Dibenzo[ao]pyrene Dibenzo[a,h]pyrene Dibenzo[a,ilpyrene 1,2-Dibromo-3-chloropropane 1,2-Dibromoethane Dibromomethane Di-n-butyl phthalate Dichlorobenzene, N.O.S, 3,3'-Dichlorobenzidine 1,1-Dichloroethane 1,2-Dichloroethne trans-1,2-Dichloroethane Dichloroethylene, N.O.S. 1,1-Dichloroethylene Dichloromethane 2,4-Dichlorophenol 2,6-Dichlorophenol 2,4-Dichlorophenoxyacetic acid (2,4-D) Dichloropropane Dichlorophenylarsine 1,2-Dichloropropane Dichloropropanol, N.O.S. Dichloropropene, N.O.S. 1,3-Dichloropropene Dieldrin Diepoxybutane Diethylarsine O,O-Diethyl-S-(2-ethylthio)ethyl ester of

phosphorothioic acid 1,2-Diethylhydrazine a,o-Diethyl-S-methylester phosphorodithloic

acid 0,0-Diethylphosphoric acid, 0-p-nttrophonyl

ester Diethylphthalate

,O-Diethyl--(2-pyrazinyliphosphorothioato Diethylstilbestrol Dihydrosafrole 3,4-Dihydroxy-alpha-(methylamino)-mothyl

benzyl alcohol Di-isopropylfluorophosphate (DFP) Dimethoate 3,3'-Dimethoxybenzidine p-Dimethylaminoazobenzene 7,12-Dimethylbenz[alanthracene 3,3'-Dimethylbenzidine •Dimethylcarbamoyl chloride 33132Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

1,1-Dimethylhydrazine 1,2-Dimethylhydrazine 3,3-Dimethyl-l-(methylthio)-2-butanone-0-

((methylamino) carbonyl)oxime Dimethylnitrosoamine alpha.alpha-Dimethylphenethylamine 2,4-Dimethylphenol Dimethyl phthalate Dimethyl sulfate Dinitrobenzene, N.O.S. 4,6-Dinitro-o-cresol and salts 2,4-Dinitrophenol 2,4-Dinitrotoluene 2,&Dinitrotoluene Di-n-octyl phthalate 1,4-Dioxane 1,2-Diphenylhydrazine Di-n-propylnitrosamine Disulfoton 2,4-Dithiobiuret Endosulfan Endrin and metabolites EpichIorohydrin Ethyl cyanide Ethylene diamine Ethylenebisdithiocarbamate (EBDC) Ethyleneimine Ethylene oxide Ethylenethiourea Ethyl methanesulfonate Fluoranthene Fluorine 2-Fluoroacetamide Fluoroacetic acid, sodium salt Formaldehyde Glycidylaldehyde Halomethane, N.O.S. Heptachlor Heptachlor epoxide (alpha, beta, and gamma

isomers) Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclohexane (allisomers) Hexachlorocyclopentadiene Hexachloroethane1,2,3,4,10,10-Hexachloro-1,4,4a,5.8,8ahexahydro-1,4:5,8-endoendodimethanonaphthalene Hexachlorophene Hexachloropropene Hexaethyl tetraphosphate Hydrazine Hydrocyanic acid Hydrogen sulfide Indeno(1,2,3-c,dJpyrene Iodomethane Isocyanicacid, methyl ester Isosafrole Kepone Lasiocarpine Lead and compounds, N.O.S. Lead acetate Lead phosphate Lead subacetate Maleic anhydride Malononirile Melphalan Mercury and compounds, N.O.S. Methapyrilene Methomyl 2-Methylaziridine 3-Methylcholanthrene 4,4-Methylene-bis-(2-chloroaniline Methyl ethyl ketone (MEK Methylhyirazine 2-Methyllactonitrile Methyl methacrylate Methyl methanesulfonate 2-Methyl-2-(methylthio)proplonaldehyde.o-

(methylcarbonyl) oxime N-Methyl-N'-nitro-N-nitrosoguanldine Methyl parathion Methylthiouracil Mustard gas Naphthalene 1,4-Naphthoquinone 1-Naphthylamine 2-Naphthylamine 1-Naphthyl-2-thiourea Nickel and compounds, N.O.S. Nickel carbonyl Nickel cyanide Nicotine and salts Nitric oxide p-Nitroaniline Nitrobenzene Nitrogen dioxide Nitrogen mustard and hydrochloride salt Nitrogen mustard N-oxide and hydrochloride

salt Nitrogen peroxide Nitrogen tetroxide Nitroglycerine 4-Nitrophenol 4-Nitroquinoline-1-oxide Nitrosamine. N.O.S. N-Nitrosodi-N-butylamine N-Nitrosodiethanolamine N-Nitrosodiethylamine N-Nitrosodimethylamine N-Nitrosodiphenylamine N-Nitrosodi-N-propylamine N-Nitroso-N-ethylurea N-Nitrosomethylethylamine N-Nitroso-N-methylurea N-Nitroso-N-methylurethane N-Nitrosomethylvinylamine N-Nitrosomorpholine N-Nitrosonornicotine N-Nitrosopiperidine N-Nitrosopyrrolidine N-Nitrososarcosine 5-Nitro-o-toluidine Octamethylpyropbosphoramide Oleyl alcohol condensed with 2 moles

ethylene oxide Osmium tetroxide 7-Oxabicyclo[Z2,1]heptane-2,3-dlcarboxylic

acid Parathion Pentachlorobenzene Pentachloroethane Pentachloronitrobenzene (PCNB) Pentacholorophenol Phenacetin Phenol Phenyl dichloroarsine Phenylmercury acetate N-Phenylthiourea Phosgene Phosphine Phosphorothioic acid, 0,0-dimethyl ester, 0-

ester with N.N-dimethyl benzene sulfonamide Phthalic acid esters, N.O.S. Phthalic anhydride Polychlorinated biphenyl. N.O.S. Potassium cyanide Potassium silver cyanide Pronamide 1.2-Propanediol 1,3-Propane sVltone Propionitrile Propylthiouracil 2-Propyn-l-ol Pryidine Reserpine Saccharin Safrole Selenious acid Selenium and compounds.N.O.S. Selenium sulfide Selenourea Silver and compounds, N.O.S. Silvercyanide Sodium cyanide Streptozotocin Strontium sulfide Strychnine and salts

,.4.5-Tetrachlorobenzene Z3,7.8-Tetrachlorodibenzo-p-dioxin (TCDD] Tetrachloroethane N.O.S. 1.1,1,2-Tetrachloroethane 1,1.2,2-Tetrachloroethane Tetrachioroethene (Tetrachloroethylene) Tetrachloromethane 2,3,4.6-Tetrachlorophenol Tetraethyldithiopyrophosphate Tetraethyl lead Tetraethylpyrophosphate Thallium and compounds. N.O.S. Thallic oxide Thallium () acetate Thallium (I) carbonate Thallium (I) chloride Thallium [I nitrnte Thallium selenite Thallium (I) sulfate Thloaceamide Thiosemicarbazide Thiourea Thluram

- Toluene Toluene diamine o-Toluidine hydrochloride Tolylene diisocyanate Toxaphene Tribromomethane 124-Trichlorobenzene 1,1,1-Trichloroethane 1.1,2-Trichloroethane Trichloroethene (Trichloroethylene Trichloromethanethial 2,4,5-Trichlorophenol 2,4.6-Trichlorophenol 24.5-Trichlorophenoxyacetic acid (2,4,5-q 2.4.5-Tricblorophenoxypropianic acid (2,4.5-

TP)(Silvex) Trichloropropane. N.O.S. 1,2,3-Trichloropropane 0.0.0-Triethyl phosphorothioate Trinitrobenzene Tris(i-azridinyl)phosphine sulfide Tris[2,3-dibromopropyl) phosphate Trypan blue Uracil mustard Urethane Vanadic acid. ammonium salt Vanadium pentoxide (dust) Vinyl chloride Vinylidene chloride Zinc cyanide Zinc phosphide [WR

Dm. W-14= Pikd5.-m&4s aml
BILING CODE 66-01-, 33133