242 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 268

[FRL–5129–2]

Land Disposal Restrictions Phase II—

Universal Treatment Standards, and

Treatment Standards for Organic

Toxicity Characteristic Wastes and

Newly Listed Wastes

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendments.

SUMMARY: On September 19, 1994, EPA

published regulations promulgating

congressionally-mandated prohibitions

on land disposal of certain hazardous

wastes. This notice corrects errors and

clarifies the language in the preamble

and regulation of the September 19,

1994 final rule.

EFFECTIVE DATE: This rule is effective on

December 19, 1994.

ADDRESSES: Copies of the rule can be

obtained from the RCRA Docket (5305),

U.S. Environmental Protection Agency,

Room 2616, 401 M Street, S.W.,

Washington, D.C. 20460. The RCRA

Docket is open from 9:00 am to 4:00 pm

Monday through Friday, except for

federal holidays. The public must make

an appointment to review docket

materials by calling (202) 260–9327. The

public may copy a maximum of 100

pages from any regulatory document at

no cost. Additional copies cost $0.15

per page.

FOR FURTHER INFORMATION CONTACT: For

general information contact the RCRA

Hotline at (800) 424–9346 (toll free) or

(703) 920–9810 in the Washington, DC

metropolitan area. For technical

information contact Doug Heimlich

(5302W), Office of Solid Waste, 401 M

Street, S.W., Washington, DC 20460,

(703) 308–8489.

SUPPLEMENTARY INFORMATION:

I. Reasons and Basis for Today’s Amendment

II. Amendments to the Phase II Final Rule

A. Section 268.2

B. Section 268.7

C. Section 268.9

D. Section 268.40

E. Section 268.42

F. Section 268.48

G. Appendix X to Part 268

III. Clarification of Issues

A. State Authority Policy for Universal

Treatment Standards

B. Flowchart Clarification

IV. Rationale for Immediate Effective Date

V. Regulatory Impact Analysis

I. Reasons and Basis for Today’s

Amendment

The Agency has received comments

from the regulated community and State

agencies requesting clarification on

certain aspects of the September 19,

1994 Phase II final rule (59 FR 47982).

Today’s amendment responds to these

comments.

II. Amendments to the Phase II Final

Rule

A. Section 268.2

Like zinc, vanadium is not considered

to be an ‘‘underlying hazardous

constituent’’ in characteristic wastes. In

the definition of underlying hazardous

constituent at 268.2(i), vanadium was

inadvertently left out as an exception to

the definition. It is being placed as an

exception in the definition at 268.2(i) in

today’s amendment.

B. Section 268.7

In the preamble of the Phase II final

rule, EPA stated that, as a simplifying

measure, it was amending the LDR

notification requirements to minimize

the amount of information that must be

placed on the LDR notification in

certain circumstances (see 59 FR 48004).

Prior to promulgation of the Phase II

rule, the hazardous constituents in

F001–F005 spent solvents, F039, wastes

subject to the California list provisions

of § 268.32 or RCRA section 3004(d),

and underlying hazardous constituents

in certain characteristic wastes had to be

listed on the LDR notification. In Phase

II, this language was changed so that if

the generator/treater monitors for all the

hazardous constituents in F001–F005

spent solvents, F039, and underlying

hazardous constituents in certain

characteristic wastes, then there would

be no need to list any of the constituents

on the LDR notification. If, however, the

generator/treater is monitoring for a

subset of these constituents, the subset

of constituents in the waste (or, in the

case of underlying hazardous

constituents in certain characteristic

wastes, the ones reasonably expected to

be present at point of generation) would

be required to be listed on the LDR

notification. In making this change, EPA

inadvertently left out language in

§§ 268.7(a)(1)(ii), 268.7(a)(2)(i)(B), and

268.7(b)(4)(ii) applying this provision to

California list wastes prohibited

pursuant to § 268.32 or RCRA section

3004(d). A reference to these California

list wastes is therefore being added to

the sections mentioned above in today’s

amendment.

An error was also found in

§ 268.7(a)(1). In this section, EPA

explained that before the Phase II final

rule a generator managing a restricted

waste that did not meet the applicable

treatment standards set forth in Subpart

D of Part 268, or exceeds the prohibition

levels set forth in § 268.32 or RCRA

section 3004(d), was required, with each

shipment of waste, to notify the

treatment or storage facility in writing of

the appropriate treatment standards set

forth in Subpart D of this part and any

applicable prohibition levels set forth in

§ 268.32 or RCRA section 3004(d).

As explained on page 48004 of the

Phase II preamble, EPA dropped the

requirement to include the treatment

standard or the reference to the

treatment standard on the LDR

notification. EPA overlooked the

regulatory language above (in italics)

when modifications were made in the

Phase II rule. Thus it is being removed

in this technical amendment. The

statement is changed to read, ‘‘* * *

notify the treatment or storage facility in

writing.’’

Another error was made in

§ 268.7(a)(1). Paragraph (v) should have

been redesignated as paragraph (vi), and

a new paragraph (v) added. Although

paragraph (v) was revised with the new

language, the existing language that

should have been included in paragraph

(vi) was inadvertently deleted.

Paragraph (vi), with the language that

appeared as paragraph (v) before the

Phase II rule, is being added in today’s

amendments. Also, in order for the new

paragraph to read properly, paragraph

(iv) was changed to delete the final

word ‘‘and,’’ and paragraph (v) was

changed to add the word ‘‘and’’ at the

end.

The same error described in the

previous paragraph was also made in

§ 268.7(a)(3): paragraph (vi) should have

been redesignated as paragraph (vii),

and a new paragraph (vi) added.

Paragraph (vii), with the language that

appeared as paragraph (vi) before the

Phase II rule, is being reinserted today.

Also, paragraph (a)(3)(vi) is being

revised today because it had been

merely reproduced (incorrectly) from

paragraph (a)(1)(v).

In addition, in § 268.7(a)(8), EPA

modified the alternative treatment

standards for lab packs from identifying

the wastes that can be included in lab

packs to specifying those wastes that are

prohibited from being placed in lab

packs. EPA made this change in order

to simplify and clarify this provision.

The certification language required

under this section is being changed in

this technical amendment to say that the

lab pack ‘‘contains only wastes which

have not been excluded under appendix

IV to 40 CFR part 268.’’ The certification

language that reads ‘‘or solid wastes not
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations 243

subject to regulation under 40 CFR part

261’’ is being removed and is no longer

considered necessary, because the

regulated community has in appendix

IV a list of wastes that are prohibited

from placement in a lab pack. The

Agency believes that deleting this

statement is not a substantive change,

but rather alleviates unnecessary

language.

Finally, in the introductory paragraph

of § 268.7(d) and in § 268.7(d)(1),

generators or treaters who claim an

exemption for hazardous debris from

the definition of hazardous waste under

§ 261.3(e) are subject to notification and

certification requirements that,

previously, were to be submitted to the

‘‘Director or authorized State.’’ EPA

recognizes that this designation is

vague, and is specifying in today’s

amendment that the notification and

certification requirements of § 268.7(d)

be submitted to the Regional

Administrator (or his designated

representative) or State authorized to

implement Part 268 requirements, and

in § 268.7(d)(1) to be submitted to the

EPA Regional hazardous waste

management division director (or his

designated representative) or State

authorized to implement part 268

requirements.

C. Section 268.9

A typesetting error was made in

§ 268.9(a), which repeated language that

already was in the paragraph. The

paragraph is located in the middle

column of 59 FR 48045, starting with, If

the generator determines that his waste

displays the characteristic of ignitability

* * * and finishes with, as specified in

paragraph (b) of this section. This

redundant portion of the paragraph is

deleted in today’s amendment.

Additionally, in section 268.9(d)(2)(i), it

states that in treating wastes that exhibit

a characteristic, the underlying

hazardous constituents must also be

treated, and if not, the certification in

§ 268.7(b)(5)(v) applies. There is no

section 268.7(b)(5)(v), and instead the

intent was to reference the certification

under section 268.7(b)(5)(iv). The

erroneous reference is changed in

today’s amendment.

D. Section 268.40

EPA established that for certain

characteristic wastes managed in nonClean Water Act (CWA) wastewater

treatment systems, non-CWA-equivalent

systems, or non-Class I injection wells,

the underlying hazardous constituents

reasonably expected to be present in the

waste at point of generation should be

treated as well as the hazardous

characteristic. For D018–D043,

characteristic wastes, this applies to

both wastewaters and nonwastewaters.

While in the consolidated treatment

table in § 268.40 it is noted that the

D018–D043 nonwastewaters need to

meet § 268.48 standards, this is not

indicated for the wastewaters. The

corrected table will include the

requirements for wastewaters that are

managed in non-CWA wastewater

treatment systems, non-CWA-equivalent

systems, or non-Class I deep injection

wells.

An improvement in the Phase II final

rule was the simplification of two

equivalent technology-specific

combustion standards in: Table 1—

Technology Codes and Description of

Technology-Based Standards in 40 CFR

268.42. The Agency consolidated the

descriptions of INCIN (incineration) and

FSUBS (fuel substitution), by combining

them into one term, CMBST

(combustion). In prior rulemakings, the

treatment standard for both wastewaters

and nonwastewaters of Acetaldehyde

(U001) was listed as ‘‘FSUBS or INCIN;’’

In the Phase II final rule, a

typographical error left out ‘‘FSUBS’’

and only listed the treatment standard,

‘‘INCIN.’’ The treatment standard for

U001 is thus changed from ‘‘FSUBS or

INCIN’’ to ‘‘CMBST.’’

The following changes are also made:

• For Ethyl acetate, under F001, F002,

F003, F004, and F005, the CAS number

is corrected to read, ‘‘141–78–6;’’

• For Tetrachloroethylene under

K043, the CAS number is corrected to

read, ‘‘127–18–4;’’

• For Diphenylamine under K022 and

K083, the CAS number is corrected to

read, ‘‘122–39–4;’’

• For bis(2–Chloroisopropyl)ether

under U027, the CAS number is

corrected to read, ‘‘39638–32–9.’’

• For Phthalic anhydride under K023,

K024, K093, K094, and U190, it is

clarified that Phthalic anhydride is

measured as ‘‘Terephthalic acid,’’ or

‘‘Phthalic acid,’’ which are synonymous

terms for the same substance.

These changes are all made in the

consolidated treatment table in section

268.40 in today’s amendment.

E. Section 268.42

The definition of combustion

(CMBST), as stated in § 268.42 Table 1,

is: ‘‘combustion in incinerators, boilers,

or industrial furnaces operated in

accordance with the applicable

requirements of 40 CFR part 264 subpart

O, and part 266, subpart H.’’ The

definition inadvertently deleted the

management of hazardous waste during

the period of interim status, covered in

part 265, subpart O. At 59 FR 48003,

EPA affirmed that combining INCIN

(incineration) and FSUBS (fuel

substitution) into one term, CMBST

(combustion) made no substantive

change to the promulgated standards,

and, therefore, did not require notice

and comment. The Agency’s leaving out

part 265, subpart O in the definition of

CMBST (combustion), therefore, was an

oversight that is being corrected in

today’s amendment. Furthermore, the

parenthetical statement on page 48002

about part 265 interim status standards

was not intended to be in the preamble,

and should be disregarded.

F. Section 268.48

In the table of Universal Treatment

Standards, it was footnoted that zinc

was not considered an ‘‘underlying

hazardous constituent’’ in characteristic

wastes, according to the definition at

268.2(i). Vanadium also is not

considered an underlying hazardous

constituent in characteristic wastes, and

thus, is appropriately footnoted in this

table in today’s amendment.

G. Appendix X to Part 268

As was mentioned in the amendment

for 268.7(a)(8), EPA modified the

alternative treatment standards for lab

packs from identifying the wastes that

can be included in lab packs to

specifying those wastes that are

prohibited from being placed in lab

packs. As explained earlier in this rule,

the language of the § 268.7(a)(8)

certification is being changed in today’s

rule. Appendix X is also being changed

to include the revised certification

language for the convenience of the

reader.

III. Clarifications

A. Clarification of State Authority Policy

for UTS

The Universal Treatment Standards

(UTS) were promulgated in the Phase II

final rule pursuant to HSWA authority.

In most cases UTS are the same levels

as the previous LDR treatment

standards, while about forty percent of

the levels went up or down. In most of

these cases, the change in the limits

actually reflect adjustments in the limits

of analytical detection, thus actual

treatment will likely continue to destroy

or remove organics to nondetectable

levels. Even in those cases where the

level has changed, the technology basis

of the treatment standard has not.

Therefore the changes to the treatment

standards should not be viewed as more

or less stringent.

Concern has been raised regarding

how the UTS should apply in States

authorized for the LDRs; specifically,

what treatment standards must be met
244 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

by a facility located in a LDR-authorized

State: the Phase II UTS levels, or the

treatment standards in a State’s

authorized RCRA program? An

additional concern is whether the

authorized States would lose their

ability to implement their LDR

treatment standards if they were

superseded by the UTS.

A memorandum from Michael

Shapiro, Director of the Office of Solid

Waste, to the EPA Regional Waste

Management Division Directors,

announced that the new UTS are neither

more nor less stringent than the

previous standards. Therefore, the new

standards do not supersede existing

standards in States authorized. States

authorized for the LDRs for some or all

waste streams would continue to

implement the treatment standards for

the streams for which they are

authorized. The new UTS do not apply,

for those waste streams, until the State

has incorporated them into State law.

EPA strongly urges States to implement

the new UTS standards as soon as

possible, both for simplicity of

implementation and national

consistency. In any case, State law (as

interpreted by the State) would

determine which standards applied.

This approach would avoid the dual

regulatory problem which would occur

during the time before new HSWA

requirements are adopted and

authorized in the State.

EPA has a strong interest in

uniformity and consistency of

regulations and believes that the

improvements in the UTS meet these

objectives. Thus, States are encouraged

to adopt and apply for authorization of

the Phase II LDR rule. States that are

currently authorized for portions of the

LDRs may submit an abbreviated

authorization revision application for

the UTS. Details about what would be

required for this abbreviated

authorization are in the memorandum,

which can be obtained by calling the

RCRA docket.

It should be noted that the Agency,

generally, is not relinquishing its

statutory responsibility to implement

significant new HSWA rules in States as

soon as the rules become effective. The

new approach set out in the

memorandum is reserved only for areas

of the hazardous waste program already

authorized and regulated by the States,

not new areas of the HSWA regulations.

For example, the Phase II rule

established treatment standards for

several newly listed wastes; these new

requirements are immediately effective

in the States and will be enforced by

EPA.

B. Flowchart Clarification

EPA is clarifying in today’s

amendment the Phase II flowchart

entitled, ‘‘Implementation of Key Phase

II LDRs,’’ at 59 FR 48018. The second

block from the bottom left poses the

question, ‘‘Is the waste a mixture of a

newly identified TC organic waste

(D012–43) with a prohibited listed

waste . . .’’ This language is not correct

and should read in full: ‘‘Is the waste a

prohibited listed waste, or one of the

newly listed Phase II wastes, that also

exhibits an organic toxicity

characteristic?’’

Another clarification is being made on

page 48021, in the first diamond.

Questions have been raised as to

whether the ‘‘constituents’’ mentioned

there include underlying hazardous

constituents. No, ‘‘constituents’’ does

not include UHCs. The wording inside

the diamond should say ‘‘Does the

treatment standard for the listed waste

include the treatment standard for the

constituent that causes the waste to

exhibit the characteristic?’’

C. Telephone Number Correction

At 59 FR 47983, Richard Kinch’s

name appeared as an EPA contact for

‘‘other information’’ about the Phase II

final rule. The phone number provided

in the Phase II rule, (703) 308–8414, is

incorrect; Mr. Kinch’s telephone

number is (703) 308–8434.

IV. Rationale for Immediate Effective

Date

Today’s notice does not create any

new regulatory requirements; rather, it

restates and clarifies requirements

already in effect by correcting a number

of errors in the September 19, 1994 final

rule (59 FR 47982). For these reasons,

EPA finds that good cause exists under

section 3010(b)(3) of RCRA, 42 U.S.C.

9903(b)(3), to provide for an immediate

effective date. In addition, there already

was full opportunity to comment on all

of these issues during the rulemaking so

that further comment is unnecessary.

For the same reasons, EPA finds that

there is good cause under 5 U.S.C.

553(b)(3) to promulgate today’s

corrections in final form and that there

is good cause under 5 U.S.C. 553(b)(3)

to waive the requirement that

regulations be published at least 30 days

before they become effective. Finally,

EPA notes that although it is not

withdrawing any existing regulatory

language, all of today’s revisions operate

prospectively.

V. Executive Order 12866

Under Executive Order 12866, EPA

must judge whether a regulation is

‘‘significant’’ and, therefore, subject to

review under the Executive Order. Due

to the nature of this regulation

(technical correction), it is not

‘‘significant’’; therefore, no Executive

Order 12866 review is required.

List of Subjects in 40 CFR Part 268

Environmental protection, Hazardous

waste, Reporting and recordkeeping

requirements.

Dated: December 16, 1994.

Peter Roberts,

Acting Assistant Administrator for Solid

Waste and Emergency Response.

For the reasons set out in the

preamble, title 40 chapter I of the Code

of Federal Regulations is amended to

read as follows:

PART 268—LAND DISPOSAL

RESTRICTIONS

1. The authority citation for part 268

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921,

and 6924.

Subpart A—General

2. In § 268.2, paragraph (i) is revised

to read as follows:

§ 268.2 Definitions applicable in this part.

* * * * *

(i) Underlying hazardous constituent

means any constituent listed in

§ 268.48, Table UTS—Universal

Treatment Standards, except vanadium

and zinc, which can reasonably be

expected to be present at the point of

generation of the hazardous waste, at a

concentration above the constituentspecific UTS treatment standards.

3. Section 268.7 is amended by

revising the introductory text of

paragraphs (a)(1) and (d); revising

paragraphs (a)(1)(ii); (a)(1)(iv), (a)(1)(v),

(a)(2)(i)(B); (a)(3)(vi); (a)(8); (b)(4)(ii);

and (d)(1); and by adding paragraphs

(a)(1)(vi) and (a)(3)(vii) to read as

follows:

§ 268.7 Waste analysis and recordkeeping.

(a) * * *

(1) If a generator determines that he is

managing a restricted waste under this

part and the waste does not meet the

applicable treatment standards set forth

in subpart D of this part or it exceeds

the applicable prohibition levels set

forth in § 268.32 or RCRA section

3004(d), with each shipment of waste

the generator must notify the treatment

or storage facility in writing. The notice

must include the following information:

* * * * *

(ii) The waste constituents that the

treater will monitor, if monitoring will

not include all regulated constituents,
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations 245

for wastes F001–F005, F039, D001,

D002, D012–D043 and in § 268.32 or

RCRA section 3004(d). Generators must

also include whether the waste is a

nonwastewater or wastewater (as

defined in § 268.2 (d) and (f)), and

indicate the subcategory of the waste

(such as ‘‘D003 reactive cyanide’’), if

applicable;

* * * * *

(iv) For hazardous debris, the

contaminants subject to treatment as

provided by § 268.45(b) and the

following statement: ‘‘This hazardous

debris is subject to the alternative

treatment standards of 40 CFR 268.45;’’

(v) The waste analysis data, where

available; and,

(vi) The date the waste is subject to

the prohibitions.

(2) * * *

(i) * * *

(B) The waste constituents that the

treater will monitor, if monitoring will

not include all regulated constituents,

for wastes F001–F005, F039, D001,

D002, D012–D043 and § 268.32 or RCRA

section 3004(d). Generators must also

include whether the waste is a

nonwastewater or wastewater (as

defined in § 268.2 (d) and (f)), and

indicate the subcategory of the waste

(such as ‘‘D003 reactive cyanide’’), if

applicable;

* * * * *

(3) * * *

(vi) For hazardous debris when using

the treatment standards for the

contaminating waste(s) in § 268.40: the

requirements described in paragraphs

(a)(3) (i), (ii), (iii), (iv), and (vii) of this

section; and,

(vii) The date the waste is subject to

the prohibitions.

* * * * *

(8) If a generator is managing a lab

pack that contains none of the wastes

specified in appendix IV of part 268,

and wishes to use the alternative

treatment standard under § 268.42(c),

with each shipment of waste the

generator must submit a notice to the

treatment facility in accordance with

paragraph (a)(1) of this section, except

that underlying hazardous constituents

need not be determined. The generator

must also comply with the requirements

in paragraphs (a)(5) and (a)(6) of this

section and must submit the following

certification, which must be signed by

an authorized representative:

I certify under penalty of law that I

personally have examined and am familiar

with the waste and that the lab pack does not

contain any wastes identified at Appendix IV

to part 268. I am aware that there are

significant penalties for submitting a false

certification including possibility of fine or

imprisonment.

* * * * *

(b) * * *

(4) * * *

(ii) The waste constituents to be

monitored, if monitoring will not

include all regulated constituents, for

wastes F001–F005, F039, D001, D002,

D012–D043 and in § 268.32 or RCRA

section 3004(d). Generators must also

include whether the waste is a

nonwastewater or wastewater (as

defined in § 268.2 (d) and (f), and

indicate the subcategory of the waste

(such as D003 reactive cyanide), if

applicable.

* * * * *

(d) Generators or treaters who first

claim that hazardous debris is excluded

from the definition of hazardous waste

under § 261.3(e) of this chapter (i.e.,

debris treated by an extraction or

destruction technology provided by

Table 1, § 268.45, and debris that the

EPA Regional Administrator (or his

designated representative) or State

authorized to implement part 268

requirements has determined does not

contain hazardous waste) are subject to

the following notification and

certification requirements:

(1) A one-time notification, including

the following information, must be

submitted to the EPA Regional

hazardous waste management division

director (or his designated

representative) or State authorized to

implement part 268 requirements, or

State authorized to implement part 268

requirements:

* * * * *

4. Section 268.9 is amended by

revising paragraph (a) and paragraph

(d)(2)(i) to read as follows:

§ 268.9 Special rules regarding wastes that

exhibit a characteristic.

(a) The initial generator of a solid

waste must determine each EPA

Hazardous Waste Number (waste code)

applicable to the waste in order to

determine the applicable treatment

standards under subpart D of this part.

For purposes of part 268, the waste will

carry the waste code for any applicable

listing under 40 CFR 261, subpart D. In

addition, the waste will carry one or

more of the waste codes under 40 CFR

261, subpart C, where the waste exhibits

a characteristic, except in the case when

the treatment standard for the waste

listed in part 261, subpart D operates in

lieu of the treatment standard for the

waste under part 261, subpart C, as

specified in paragraph (b) of this

section. If the generator determines that

his waste displays the characteristic of

ignitability (D001) (and is not in the

High TOC Ignitable Liquids Subcategory

or is not treated by CMBST, or RORGS),

or the characteristic of corrosivity

(D002), and is prohibited under

§ 268.37; or that his waste displays the

characteristic of toxicity (D012–D043),

and is prohibited under § 268.38, the

generator must determine the

underlying hazardous constituents (as

defined in § 268.2), in the D001, D002,

or D012–D043 wastes.

* * * * *

(d) * * *

(2) * * *

(i) If treatment removes the

characteristic but does not treat

underlying hazardous constituents, then

the certification found in

§ 268.7(b)(5)(iv) applies.

* * * * *

Subpart D—Treatment Standards

5. Section 268.40 is amended by

revising the table ‘‘Treatment Standards

for Hazardous Wastes’’ to read as

follows:

§ 268.40 Applicability of Treatment

Standards.

* * * * *

BILLING CODE 6560–50–P
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Notes to Table

1 The waste descriptions provided in this

table do not replace waste descriptions in 40

CFR part 261. Descriptions of Treatment/

Regulatory Subcategories are provided, as

needed, to distinguish between applicability

of different standards. 2 CAS means Chemical Abstract Services.

When the waste code and/or regulated

constituents are described as a combination

of a chemical with it’s salts and/or esters, the

CAS number is given for the parent

compound only. 3 Concentration standards for wastewaters

are expressed in mg/l are based on analysis

of composite samples. 4 All treatment standards expressed as a

Technology Code or combination of

Technology Codes are explained in detail in

40 CFR part 268.42, Table 1—Technology

Codes and Descriptions of Technology-Based

Standards. 5 Except for Metals (EP or TCLP) and

Cyanides (Total and Amenable) the

nonwastewater treatment standards

expressed as a concentration were

established, in part, based upon incineration

in units operated in accordance with the

technical requirements of 40 CFR part 264,

subpart O, or part 265, subpart O, or based

upon combustion in fuel substitution units

operating in accordance with applicable

technical requirements. A facility may

comply with these treatment standards

according to provisions in 40 CFR 268.40(d).

All concentration standards for

nonwastewaters are based on analysis of grab

samples. 6 Where an alternate treatment standard or

set of alternate standards has been indicated,

a facility may comply with this alternate

standard, but only for the Treatment/

Regulatory Subcategory or physical form (i.e.,

wastewater and/or nonwastewater) specified

for that alternate standard.

7 Both Cyanides (Total) and Cyanides

(Amenable) for nonwastewaters are to be

analyzed using Method 9010 or 9012, found

in ‘‘Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods’’, EPA

Publication SW–846, as incorporated by

reference in 40 CFR 260.11, with a sample

size of 10 grams and a distillation time of one

hour and 15 minutes.

Note: NA means not applicable.

* * * * *

6. Section 268.42 is amended by

revising the entry, ‘‘CMBST’’ in Table 1

to read as follows:

§ 268.42 Treatment standards expressed

as specified technologies.

* * * * *

TABLE 1.—TECHNOLOGY CODES AND

DESCRIPTION OF TECHNOLOGYBASED STANDARDS

Technology

code

Description of technology-based

standards

* * * * *

CMBST Combustion in incinerators, boilers, or industrial furnaces operated in accordance with the

applicable requirements of 40

CFR part 264, subpart O; 40

CFR part 265, subpart O; or

40 CFR part 266, subpart H.

* * * * *

* * * * *

7. Section 268.48 is amended by

adding footnote 5 to the entry for

Vanadium and revising the footnote to

read as follows:

§ 268.48 Universal Treatment Standards.

* * * * *

§ 268.48 TABLE UTS—UNIVERSAL

TREATMENT STANDARDS

* * * * * 5 Vanadium and zinc are not ‘‘underlying

hazardous constituents’’ in characteristic

wastes, according to the definition at 268.2(i).

Note: NA means not applicable.

8. Appendix X to part 268 is amended

by revising Certification Statement B to

read as follows:

Appendix X to Part 268—

Recordkeeping, Notification, and/or

Certification Requirements.

* * * * *

Certification Statements

* * * * *

B. I certify under penalty of law that

I personally have examined and am

familiar with the waste and that the lab

pack does not contain any wastes

identified at Appendix IV to part 268. I

am aware that there are significant

penalties for submitting a false

certification including possibility of fine

or imprisonment.

* * * * *

[FR Doc. 94–32118 Filed 12–30–94; 8:45 am]

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