33680 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

Subchapter I, Part D of the Clean Air Act

do not create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moveover, due to the nature of the

federal-state relationship under the

Clean Air Act, preparation of a

regulatory flexibility analysis would

constitute federal inquiry into the

economic reasonableness of state action.

The Clean Air Act forbids EPA to base

its actions concerning SIPs on such

grounds. Union Electric Co. v US EPA,

427 US 246, 256–66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a federal mandate that may

result in estimated annual costs of $100

million or more to the private sector, or

to state, local, or tribal governments in

the aggregate.

Through submission of this SIP or

plan revision, the state and any affected

local or tribal governments have elected

to adopt the program provided for under

sections 110 and 187 of the Clean Air

Act. These rules may bind state, local

and tribal governments to perform

certain actions and also require the

private sector to perform certain duties.

To the extent that the rules being

approved by this action would impose

any mandate upon the state, local or

tribal governments either as the owner

or operator of a source or as a regulator,

or would impose any mandate upon the

private sector, EPA’s action will impose

no new requirements; such sources are

already subject to these regulations

under State law. Accordingly, no

additional costs to state, local, or tribal

governments, or to the private sector,

result from this action. EPA has also

determined that this final action does

not include a mandate that may result

in estimated annual costs of $100

million or more to state, local, or tribal

governments in the aggregate or to the

private sector.

Under 5 U.S.C. section 605(b), I

certify that redesignations do not have

a significant economic impact on a

substantial number of small entities.

(See 46 FR 8709.)

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this rule must be filed in the United

States Court of Appeals for the

appropriate circuit within 60 days from

date of publication. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review may be filed and shall not

postpone the effectiveness of such rule

or action. This rule may not be

challenged later in proceedings to

enforce its requirements. (See 307(b)(2).)

List of Subjects 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations.

40 CFR Part 81

Air pollution control, National parks,

and Wilderness areas.

Authority: 42 U.S.C. 7401–7671q.

Dated: May 31, 1996.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 96–16158 Filed 6–27–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 148 and 268

[EPA # F–96–PH3F–FFFFF; FRL–5528–1]

RIN 2050–AD38

Land Disposal Restrictions Phase III—

Decharacterized Wastewaters,

Carbamate Wastes, and Spent

Potliners

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Technical correction.

SUMMARY: On April 8, 1996, EPA

published regulations covering both

congressionally-mandated and courtordered prohibitions on land disposal of

certain hazardous wastes. On the same

day, EPA published a partial

withdrawal and correction of those

regulations to the extent the Land

Disposal Program Flexibility Act

(LDPFA) (signed by the President on

March 26, 1996) revoked most of the

court-ordered prohibitions. This notice

corrects technical errors in the final

regulations and the partial withdrawal

notice.

EFFECTIVE DATE: This rule is effective on

June 28, 1996.

ADDRESSES: Supporting materials are

available for viewing in the RCRA

Information Center (RIC), located at

Crystal Gateway One, 1235 Jefferson

Davis Highway, First Floor, Arlington,

VA. The Docket Identification Number

is F–96–PH3F–FFFFF. The RCRA

Docket is open from 9 a.m. to 4 p.m.

Monday through Friday, except for

Federal holidays. The public must make

an appointment to review docket

materials by calling (703) 603–9230. 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 information on

this notice contact Michael Petruska

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

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

(703) 308–8434.

SUPPLEMENTARY INFORMATION:

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 April 8, 1996 Land

Disposal Restrictions (LDR) Phase III

final rule (61 FR 15566) and the April

8, 1996 withdrawal notice (61 FR

15660). Today’s amendment responds to

these comments and makes technical

corrections where appropriate.

II. Amendments to the LDR Phase III

Final Rule

There were several errors in the

treatment standard table in § 268.40,

and in the table of Universal Treatment

Standards (UTS) in § 268.48. The errors

pertained to portions of the final rule

which were not affected by the LDPFA.

It should be noted that certain errors in

both of these tables are not being

corrected here as they are being

corrected by the Office of Federal

Register.

A. Section 268.40 Table

There were several errors in the table

‘‘Treatment Standards for Hazardous
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33681

Waste’’ in section 268.40. First, the

waste codes for the proposed

organobromine wastes—K140 and

U404—inadvertently appeared in the

table. As was explained in the preamble

to the final rule (61 FR 15566, 15569,

April 8, 1996), however, the Agency is

not promulgating treatment standards

for these wastes at this time since the

listing of these wastes as hazardous has

not been finalized. Today’s notice

removes these entries from the table.

Second, the treatment standards set

out in the table for the carbamate wastes

were incorrect. These entries reflected

the waste codes and constituents in the

proposed listing instead of the waste

codes and constituents in the finalized

listing (60 FR 7824, February 9, 1995).

These entries also are being corrected in

today’s notice.

Third, the entries for F006, F007,

F010, F037, F039, K006, and K062

included treatment standards for

constituents for which previously there

was no standard (‘‘NA’’ had appeared

instead). The proposed rule had

included treatment standards to replace

all of the ‘‘NA’’ entries in the table.

However, as was explained in the

preamble to the final rule (61 FR at

15569), the Agency agreed with

commenters who felt it was arbitrary to

add a standard for the sake of

completeness where previously there

was none, and, therefore, the Agency

did not finalize the proposed changes.

However, EPA inadvertently continued

to include the standard for these waste

codes in the final rule. Today’s notice

restores the ‘‘NA’’ entries.

B. Section 268.48 Table

The wastewater treatment standards

for A2213, Butylate, Cycloate, EPTC,

Molinate, Pebulate, Prosulfocarb,

Triallate, and Vernolate appeared in the

table of UTS as 0.003, although the

preamble gave the correct standard as

0.042 (61 FR 15584). Today’s notice

corrects the UTS table.

III. Amendments to the LDR Phase III

Withdrawal Notice

There are four sections in the

withdrawal notice that need correction/

clarification—§§ 148.1, 268.1, 268.3,

and 268.40.

A. Section 148.1

The Agency today is amending the

language in § 148.1(d) to more

accurately reflect the recently enacted

LDPFA. The revised language clarifies

that decharacterized wastes injected in

any Class I injection well—either

hazardous or nonhazardous—are not

prohibited wastes, and, therefore, are

not subject to the Land Disposal

Restrictions (LDR) treatment standards.

This result was alluded to in the April

8, 1996 withdrawal notice (61 FR

15661), but the Agency believes it is

appropriate to further make it clear that

both hazardous and nonhazardous Class

I wells are excepted, as provided in the

text of the legislation.

B. Section 268.1

The Agency also is amending the

language in § 268.1(c) to mirror the

amended language in § 148.1(d)

described above. We also are clarifying

that decharacterized wastewaters

managed in Clean Water Act (CWA) or

equivalent systems with land disposal

units are not prohibited wastes, and,

thus, are not subject to LDR treatment

standards. As provided in the

legislation, the decharacterized wastes

managed in CWA or CWA-equivalent

systems which remain prohibited are

those that have a specified ‘‘method of

treatment’’ for a treatment standard, or

are reactive cyanide wastes. This

clarification was also alluded to in the

April 8, 1996 withdrawal notice (61 FR

15661).

C. Section 268.3

The Agency is today amending the

dilution prohibition language in

§ 268.3(b) to clarify that the treatment

method of deactivation (DEACT) is not

considered a specified method of

treatment for the purposes of that

section. This change merely codifies

existing Agency interpretation (see

preamble discussion at 55 FR 22666,

June 1, 1990; and 57 FR 8087–8088,

March 6, 1992).

D. Section 268.40

As discussed in A. and B. of this

section, decharacterized wastes

managed in CWA or CWA-equivalent

systems (with land disposal units

receiving the decharacterized waste) are

no longer prohibited wastes, with the

exception of characteristic wastes that

have a specified method as a treatment

standard and reactive cyanide. All

decharacterized wastes injected into

Class I wells also are no longer

prohibited wastes.

In the rush of preparing a notice to

reflect the new legislation as quickly as

possible, EPA inadvertently failed to

remove the numerical standards for

these categories of wastes and replace

them with the characteristic level (61 FR

at 15664–15668). Therefore, the

treatment standards in the April 8

withdrawal notice for these wastes were

in error. For instance, the wastewater

treatment standard for benzene in D018

wastes that are managed in CWA, CWA

equivalent, or Class I injection wells

was given as 0.14 mg/l. In fact, a D018

wastewater managed in one of these

systems need only meet the regulatory

level of 0.5 mg/l to be rendered

nonhazardous (i.e. decharacterized) and,

hence, no longer prohibited. Today’s

notice corrects this mistake by removing

that category from the table of

Treatment Standards for Hazardous

Wastes, and indicating via a footnote

that these wastes, once decharacterized,

are no longer subject to LDR treatment

standards.

The Agency wishes to clarify further

that these non-LDR wastes also are not

subject to the LDR notification and

certification requirements of § 268.7 and

§ 268.9.

IV. Clarification to the Phase III

Withdrawal Notice

Under RCRA regulations in effect

before the LDPFA, wastes that are listed

solely because they exhibit a hazardous

characteristic are not prohibited from

land disposal if they are managed in

CWA, CWA-equivalent, or Class I

injection well systems and are no longer

hazardous at the point of land disposal.

Id.; see also the codification of this

principle at 40 CFR 261.3(a)(2)(iii) and

57 FR at 37210–211 (August 18, 1992).

(The exception is for listed wastes that

are subject to a method of treatment;

these wastes cannot be disposed of in

CWA or equivalent systems. See 55 FR

at 22656, 22657 (general principle in

Third Third final rule that characteristic

wastes subject to a method of treatment

remain subject to dilution prohibition

even when managed in CWA treatment

systems) and 57 FR 37210 (same

principle should apply to wastes listed

solely because they exhibit a

characteristic).

In the April 8, 1996 withdrawal

notice, EPA stated that it would not, at

least for the time being, reopen those

land disposal restriction rules

applicable to wastes listed solely

because they exhibit a hazardous waste

characteristic (e.g. U002 commercial

chemical product acetone). See 61 FR at

15661–62. This is because the new

legislation does not directly apply to

such wastes. Id.

EPA is taking this opportunity to

clarify that the existing rules on wastes

listed solely because they exhibit a

characteristic apply to all wastes,

regardless of whether they are

wastewaters or non-wastewaters, so long

as they are managed in the prescribed

types of wastewater management

systems. Notwithstanding unclear

language in the August, 1992 preamble

cited above, what the Agency intended

to do was to put wastes listed solely

because they exhibit a characteristic on
33682 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

the same footing vis-a-vis the dilution

prohibition as the characteristic wastes

covered by the Third Third rule. 57 FR

at 37210. Under that Third Third rule,

most characteristic wastes (whether or

not they were in the wastewater or

nonwastewater treatability group) could

be permissibly be managed in CWA

systems and Class I UIC injection wells

so long as they were rendered nonhazardous by any means before being

placed in a land disposal unit (i.e.

surface impoundment or Class I

injection well). 55 FR at 22656–658

(June 1, 1990). EPA is formally

clarifying this point by means of today’s

preamble discussion.

V. 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 virtue of the new

legislation) by correcting a number of

errors in the April 8, 1996 final rule and

withdrawal notice. 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. See generally 61 FR at

15662. 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.

VI. Analysis Under Executive Order

12866, the Unfunded Mandates Reform

Act of 1995, the Regulatory Flexibility

Act, and the Paperwork Reduction Act

This technical correction does not

create any new regulatory requirements.

It merely corrects technical errors and

clarifies requirements already in effect

(by virtue of the new legislation) and

therefore is not a ‘‘significant’’

regulatory action within the meaning of

Executive Order 12866, and does not

impose any Federal mandate on State,

local, or tribal governments or the

private sector within the meaning of the

Unfunded Mandates Reform Act of

1995. For the same reasons, pursuant to

the Regulatory Flexibility Act, I certify

that this action would not have a

significant impact on a substantial

number of small entities. Finally,

because this is a technical correction, it

does not affect requirements under the

Paperwork Reduction Act.

VII. Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) of the

Administrative Procedure Act (APA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, EPA submitted a report containing

this rule and other required information

to the U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by section

804(2) of the APA as amended.

List of Subjects

40 CFR Part 148

Environmental protection,

Administrative practice and procedure,

Hazardous waste, Reporting and

recordkeeping requirements, Water

supply.

40 CFR Part 268

Hazardous waste, Reporting and

recordkeeping requirements.

Dated: June 21, 1996.

Elliott Laws,

Assistant Administrator, Office of Solid Waste

and Emergency Response.

For the reasons set forth in the

preamble, title 40, chapter I of the Code

of Federal Regulations is amended as

follows:

PART 148—HAZARDOUS WASTE

INJECTION RESTRICTIONS

1. The authority citation for part 148

continues to read as follows:

Authority: Secs. 3004, Resource

Conservation and Recovery Act, 42 U.S.C.

6901, et seq.

2. Section 148.1 is amended by

revising paragraph (d) to read as

follows:

§ 148.1 Purpose, scope and applicability.

* * * * *

(d) Wastes that are hazardous only

because they exhibit a hazardous

characteristic, and which are otherwise

prohibited under this part, or part 268

of this chapter, are not prohibited if the

wastes:

(1) Are disposed into a nonhazardous

or hazardous injection well as defined

under 40 CFR § 146.6(a); and

(2) Do not exhibit any prohibited

characteristic of hazardous waste

identified in 40 CFR part 261, subpart

C at the point of injection.

PART 268—LAND DISPOSAL

RESTRICTIONS

3. 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

4. In section 268.1, paragraph (c) is

amended by adding paragraphs (3) and

(4) to read as follows:

§ 268.1 Purpose, scope and applicability.

* * * * *

(c) * * *

(3) Wastes that are hazardous only

because they exhibit a hazardous

characteristic, and which are otherwise

prohibited under this part, or part 148

of this chapter, are not prohibited if the

wastes:

(i) Are disposed into a nonhazardous

or hazardous injection well as defined

under 40 CFR 146.6(a); and

(ii) Do not exhibit any prohibited

characteristic of hazardous waste

identified in 40 CFR part 261, subpart

C at the point of injection.

(4) Wastes that are hazardous only

because they exhibit a hazardous

characteristic, and which are otherwise

prohibited under this part, are not

prohibited if the wastes meet any of the

following criteria, unless the wastes are

subject to a specified method of

treatment other than DEACT in § 268.40,

or are D003 reactive cyanide:

(i) The wastes are managed in a

treatment system which subsequently

discharges to waters of the U.S.

pursuant to a permit issued under

section 402 of the Clean Water Act; or

(ii) The wastes are treated for

purposes of the pretreatment

requirements of section 307 of the Clean

Water Act; or

(iii) The wastes are managed in a zero

discharge system engaged in Clean

Water Act-equivalent treatment as

defined in § 268.37(a); and

(iv) The wastes no longer exhibit a

prohibited characteristic at the point of

land disposal (i.e., placement in a

surface impoundment).

* * * * *

5. Section 268.2 is amended by

revising paragraph (j) to read as follows:

§ 268.2 Definitions applicable in this part.

* * * * *

(j) Inorganic metal-bearing waste is

one for which EPA has established

treatment standards for metal hazardous

constituents, and which does not

otherwise contain significant organic or

cyanide content as described in

§ 268.3(c)(1), and is specifically listed in

appendix XI of this part.

* * * * *

6. Section 268.3 is amended by

revising paragraph (b) to read as follows:

§ 268.3 Dilution prohibited as a substitute

for treatment.

* * * * *
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33683

(b) Dilution of wastes that are

hazardous only because they exhibit a

characteristic in treatment systems

which include land- based units which

treat wastes subsequently discharged to

a water of the United States pursuant to

a permit issued under section 402 of the

Clean Water Act (CWA), or which treat

wastes in a CWA-equivalent treatment

system, or which treat wastes for the

purposes of pretreatment requirements

under section 307 of the CWA is not

impermissible dilution for purposes of

this section unless a method other than

DEACT has been specified in § 268.40 as

the treatment standard, or unless the

waste is a D003 reactive cyanide

wastewater or nonwastewater.

* * * * *

7. Section 268.39 is amended by

revising paragraph (e) to read as follows:

§ 268.39 Waste specific prohibitions—

spent aluminum potliners; reactive; and

carbamate wastes.

* * * * *

(e) Between July 8, 1996, and April 8,

1998, the wastes included in paragraphs

(a), (c), and (d) of this section may be

disposed in a landfill or surface

impoundment, only if such unit is in

compliance with the requirements

specified in § 268.5(h)(2).

* * * * *

8. Section 268.40 is amended by

revising the first sentence of paragraph

(a), and paragraph (e) to read as follows:

§ 268.40 Applicability of treatment

standards.

(a) A prohibited waste identified in

the table ‘‘Treatment Standards for

Hazardous Wastes’’ may be land

disposed only if it meets the

requirements found in the table. * * *

* * * * *

(e) For characteristic wastes (D001–

D003, and D012–D043) that are subject

to treatment standards in the following

table ‘‘Treatment Standards for

Hazardous Wastes,’’ all underlying

hazardous constituents (as defined in

§ 268.2(i)) must meet Universal

Treatment Standards, found in § 268.48,

‘‘Table UTS,’’ prior to land disposal as

defined in § 268.2(c) of this part.

* * * * *

§ 268.40 [Amended]

9. In § 268.40, the table at the end of

the section is amended by removing the

entries for K140, P187, P193, P195,

P200, U360–U363, U368–U371, U374,

U380, U388, U397–U399, U405, U406,

and U408; and by revising the entries

for D001–D003, D012–D043, F006,

F007, F010, F037, F039, K006, K008,

K062, K108, K156–K161, P093, P196,

P202, U277, U365, U366, U375–U379,

U381–U387, U389–U396, U400–U404,

and U407; and by adding the entries for

U278, U409, U410, and U411; and by

adding footnotes 8 and 9 to read as

follows:

* * * * *

TREATMENT STANDARDS FOR HAZARDOUS WASTES

[Note: NA means not applicable]

Waste

code

Waste description and treatment/regulatory subcategory 1

Regulated hazardous constituent

Wastewaters

(Concentration in

mg/l 3, or technology

code 4)

Nonwastewaters

(Concentration in

mg/kg 5 unless

noted as ‘‘mg/l

TCLP’’; or technology code)

Common name CAS2 No.

D001 Ignitable Characteristic Wastes, except for the

§ 261.21(a)(1) High TOC Subcategory.

NA ........................... NA DEACT and meet

§ 268.48 standards;8 or

RORGS;9 or

CMBST 9.

DEACT and meet

§ 268.48 standards;8 or

RORGS;9 or

CMBST.9

High TOC Ignitable Characteristic Liquids Subcategory based on 40 CFR 261.21(a)(1)—

Greater than or equal to 10% total organic carbon. (Note: This subcategory consists of

nonwastewaters only).

NA ........................... NA NA ........................... RORGS;9 or

CMBST.9

D002 Corrosive Characteristic Wastes ............................ NA ........................... NA DEACT and meet

§ 268.48 standards 8.

DEACT and meet

§ 268.48 standards 8

* * * * * * *

D003 Reactive Sulfides Subcategory based on

261.23(a)(5).

NA ........................... NA DEACT and meet

§ 268.48 standards 8.

DEACT and meet

§ 268.48 standards.8

Explosives Subcategory based on 261.23(a)(6),

(7), and (8).

NA ........................... NA DEACT and meet

§ 268.48 standards 8.

DEACT and meet

§ 268.48 standards.8

Unexploded ordnance and other explosive devices

which have been the subject of an emergency

response.

NA ........................... NA DEACT .................... DEACT

Other Reactives Subcategory based on

261.23(a)(1).

NA ........................... NA DEACT and meet

§ 268.48 standards 8.

DEACT and meet

§ 268.48 standards.8

Water Reactive Subcategory based on

261.23(a)(2),(3), and (4). (Note: This subcategory consists of nonwastewaters only).

NA ........................... NA NA ........................... DEACT and meet

§ 268.48 standards.8

Reactive Cyanides Subcategory based on

261.23(a)(5).

Cyanides (Total) 7 ... 57–12–5 Reserved ................. 590.9

Cyanides (Amenable)7.57–12–5 0.869 ....................... 30.9
33684 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

[Note: NA means not applicable]

Waste

code

Waste description and treatment/regulatory subcategory 1

Regulated hazardous constituent

Wastewaters

(Concentration in

mg/l 3, or technology

code 4)

Nonwastewaters

(Concentration in

mg/kg 5 unless

noted as ‘‘mg/l

TCLP’’; or technology code)

Common name CAS2 No.

* * * * * * *

D012 Wastes that are TC for Endrin based on the TCLP

in SW846 Method 1311.

Endrin ...................... 72–20–8 BIODG;9 or

CMBST 9.

0.13 and meet

§ 268.48 standards.8

Endrin aldehyde ...... 7421–93–4 BIODG;9 or

CMBST 9.

0.13 and meet

§ 268.48 standards 8

D013 Wastes that are TC for Lindane based on the

TCLP in SW846 Method 1311.

alpha-BHC .............. 319–84–6 CARBN;9 or

CMBST 9.

0.066 and meet

§ 268.48 standards 8

beta-BHC ................ 319–85–7 CARBN;9 or

CMBST 9.

0.066 and meet

§ 268.48 standards 8

delta-BHC ............... 319–86–8 CARBN;9 or

CMBST 9.

0.066 and meet

§ 268.48 standards 8

gamma-BHC (Lindane).58–89–9 CARBN;9 or

CMBST 9.

0.066 and meet

§ 268.48 standards 8

D014 Wastes that are TC for Methoxychlor based on

the TCLP in SW846 Method 1311.

Methoxychlor ........... 72–43–5 WETOX9 or

CMBST 9.

0.18 and meet

§ 268.48 standards 8

D015 Wastes that are TC for Toxaphene based on the

TCLP in SW846 Method 1311.

Toxaphene .............. 8001–35–2 BIODG 9 or

CMBST 9.

2.6 and meet

§ 268.48 standards 8

D0l6 Wastes that are TC for 2,4-D(2,4-

Dichlorophenoxyacetic acid) based on the TCLP

in SW846 Method 1311.

2,4-D(2,4-

Dichlorophenoxyacetic acid).

94–75–7 CHOXD;9 BIODG;9

or CMBST 9.

10 and meet

§ 268.48 standards 8

D017 Wastes that are TC for 2,4,5-TP (Silvex) based on

the TCLP in SW846 Method 1311.

2,4,5-TP(Silvex) ...... 93–72–1 CHOXD 9 or

CMBST 9.

7.9 and meet

§ 268.48 standards 8

D018 Wastes that are TC for Benzene based on the

TCLP in SW846 Method 1311.

Benzene .................. 71–43–2 0.14 and meet

§ 268.48 standards 8.

10 and meet

§ 268.48 standards 8

D019 Wastes that are TC for Carbon tetrachloride

based on the TCLP in SW846 Method 1311.

Carbon tetrachloride 56–23–5 0.057 and meet

§ 268.48 standards 8.

6.0 and meet

§ 268.48 standards 8

D020 Wastes that are TC for Chlordane based on the

TCLP in SW846 Method 1311.

Chlordane (alpha

and gamma isomers).

57–74–9 0.0033 and meet

§ 268.48 standards 8.

0.26 and meet

§ 268.48 standards 8

D021 Wastes that are TC for Chlorobenzene based on

the TCLP in SW846 Method 1311.

Chlorobenzene ........ 108–90–7 0.057 and meet

§ 268.48 standards8.

6.0 and meet

§ 268.48 standards.8

D022 Wastes that are TC for Chloroform based on the

TCLP in SW846 Method 1311.

Chloroform .............. 67–66–3 0.046 and meet

§ 268.48 standards8.

6.0 and meet

§ 268.48 standards.8

D023 Wastes that are TC for o-Cresol based on the

TCLP in SW846 Method 1311.

o-Cresol .................. 95–48–7 0.11 and meet

§ 268.48 standards8.

5.6 and meet

§ 268.48 standards.8

D024 Wastes that are TC for m-Cresol based on the

TCLP in SW846 Method 1311.

M-Cresol (difficult to

distinguish from pcresol).

108–39–4 0.77 and meet

§ 268.48 standards8.

5.6 and meet

§ 268.48 standards.8

D025 Wastes that are TC for p-Cresol based on the

TCLP in SW846 Method 1311.

p-Cresol (difficult to

distinguish from

m-cresol).

106–44–5 0.77 and meet

§ 268.48 standards8.

5.6 and meet

§ 268.48 standards.8

D026 Wastes that are TC for Cresols (Total) based on

the TCLP in SW846 Method 1311.

Cresol-mixed isomers (Cresylic

acid) (sum of o-,

m-, and p-cresol

concentrations).

1319–77–3 0.88 and meet

§ 268.48 standards8.

11.2 and meet

§ 268.48 standards.8

D027 Wastes that are TC for p-Dichloro- benzene based

on the TCLP in SW846 Method 1311.

p-Dichlorobenzene

(1,4-Dichlorobenzene).

106–46–7 0.090 and meet

§ 268.48 standards8.

6.0 and meet

§ 268.48 standards.8

D028 Wastes that are TC for 1,2-Dichloroethane based

on the TCLP in SW846 Method 1311.

1,2-Dichloroethane 107–06–2 0.21 and meet

§ 268.48 standard8.

6.0 and meet

§ 268.48 standards.8
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33685

TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

[Note: NA means not applicable]

Waste

code

Waste description and treatment/regulatory subcategory 1

Regulated hazardous constituent

Wastewaters

(Concentration in

mg/l 3, or technology

code 4)

Nonwastewaters

(Concentration in

mg/kg 5 unless

noted as ‘‘mg/l

TCLP’’; or technology code)

Common name CAS2 No.

D029 Wastes that are TC for 1,1-Dichloroethylene

based on the TCLP in SW846 Method 1311.

1,1-Dichlorethylene 75–35–4 0.025 and meet

§ 268.48 standards8.

6.0 and meet

§ 268.48 standards.8

D030 Wastes that are TC for 2,4-Dinitrotoluene based

on the TCLP in SW846 Method 1311.

2,4-Dinitrotoluene .... 121–14–2 0.32 and meet

§ 268.48 standards8.

140 and meet

§ 268.48 standards.8

D031 Wastes that are TC for Heptachlor based on the

TCLP in SW846 Method 1311.

Heptachlor ............... 76–44–8 0.0012 and meet

§ 268.48 standards8.

0.066 and meet

§ 268.48 standards.8

Heptachlor epoxide 1024–57–3 0.016 and meet

§ 268.48 standards8.

0.066 and meet

§ 268.48 standards.8

D032 Wastes that are TC for Hexachloro- benzene

based on the TCLP in SW846 Method 1311.

Hexachlorobenzene 118–74–1 0.055 and meet

§ 268.48 standards8.

10 and meet

§ 268.48 standards.8

D033 Wastes that are TC for Hexachlorobutadiene

based on the TCLP in SW846 Method 1311.

Hexachlorobutadiene.87–68–3 0.055 and meet

§ 268.48 standards8.

5.6 and meet

§ 268.48 standards.8

D034 Wastes that are TC for Hexachloroethane based

on the TCLP in SW846 Method 1311.

Hexachloroethane ... 67–72–1 0.055 and meet

§ 268.48 standards8.

30 and meet

§ 268.48 standards.8

D035 Wastes that are TC for Methyl ethyl ketone based

on the TCLP in SW846 Method 1311.

Methyl ethyl ketone 78–93–3 0.28 and meet

§ 268.48 standard8.

36 and meet

§ 268.48 standards.8

D036 Wastes that are TC for Nitrobenzene based on

the TCLP in SW846 Method 1311.

Nitrobenzene ........... 98–95–3 0.068 and meet

§ 268.48 standards8.

14 and meet

§ 268.48 standards.8

D037 Wastes that are TC for Pentachlorophenol based

on the TCLP in SW846 Method 1311.

Pentachlorophenol 87–86–5 0.089 and meet

§ 268.48 standards8.

7.4 and meet

§ 268.48 standards.8

D038 Wastes that are TC for Pyridine based on the

TCLP in SW846 Method 1311.

Pyridine ................... 110–86–1 0.014 and meet

§ 268.48 standards8.

16 and meet

§ 268.48 standards.8

D039 Wastes that are TC for Tetrachloroethylene based

on the TCLP in SW846 Method 1311.

Tetracholorethylene 127–18–4 0.056 and meet

§ 268.48 standards..

6.0 and meet

§ 268.48 standards.8

D040 Wastes that are TC for Trichloroethylene based

on the TCLP in SW846 Method 1311.

Trichloroethylene .... 79–01–6 0.054 and meet

§ 268.48 standards8.

6.0 and meet

§ 268.48 standards.8

D041 Wastes that are TC for 2,4,5-Trichlorophenol

based on the TCLP in SW846 Method 1311.

2,4,5-

Trichlorophenol.

95–95–4 0.18 and meet

§ 268.48 standards8.

7.4 and meet

§ 268.48 standards.8

D042 Wastes that are TC for 2,4,6-Trichlorophenol

based on the TCLP in SW846 Method 1311.

2,4,6-

Tricholorphenol.

88–06–2 0.035 and meet

§ 268.48 standards8.

7.4 and meet

§ 268.48 standards.8

D043 Wastes that are TC for Vinyl chloride based on

the TCLP in SW846 Method 1311.

Vinyl chloride .......... 75–01–4 0.27 and meet

§ 268.48 standards8.

6.0 and meet

§ 268.48 standards.8

* * * * * * *

F006 Wastewater treatment sludges from electroplating

operations except from the following processes:

(1) Sulfuric acid anodizing of aluminum; (2) tin

plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or

zinc-aluminum plating on carbon steel; (5)

cleaning/stripping associated with tin, zinc and

aluminum plating on carton steel; and (6) chemical etching and milling of aluminum.

Cadmium ................. 7440–43–9 .069 ......................... 0.19 mg/l TCLP.

* * * * *

Silver ....................... 7440–22–4 NA ........................... 0.30 mg/l TCLP.

F007 Spent cyanide plating bath solutions from electroplating operations.Cadmium ................. 7440–43–9 NA ........................... 0.19 mg/l TCLP.

* * * * *
33686 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

[Note: NA means not applicable]

Waste

code

Waste description and treatment/regulatory subcategory 1

Regulated hazardous constituent

Wastewaters

(Concentration in

mg/l 3, or technology

code 4)

Nonwastewaters

(Concentration in

mg/kg 5 unless

noted as ‘‘mg/l

TCLP’’; or technology code)

Common name CAS2 No.

* * * * * * *

F010 Quenching bath residues from oil baths from

metal heat treating operations where cyanides

are used in the process.

Cyanides (Total) 7 ... 57–12–5 1.2 ........................... 590.

Cyanides (Amenable) 7.57–12–5 0.86 ......................... NA.

* * * * * * *

F037 Petroleum refinery primary oil/water/solids separation sludge—Any sludge generated from the

gravitational separation of oil/water/solids during

the storage or treatment of process wastewaters

and oily cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in: oil/water/solids separators; tanks and impoundments; ditches and

other conveyances; sumps; and stormwater

units receiving dry weather flow. Sludge generated in stormwater units that do not receive

dry weather flow, sludges generated from noncontact once-through cooling waters segregated

for treatment from other process or oily cooling

waters, sludges generated in aggressive biological treatment units as defined in § 261.31(b)(2)

(including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and

KO51 wastes are not included in this listing.

Acenaphthene ......... 83–32–9 0.059 ....................... 3.4.

* * * * *

Nickel ...................... 7440–02–0 NA ........................... 5.0 mg/l TCLP.

* * * * * * *

F039 Leachate (liquids that have percolated through

land disposed wastes) resulting from the disposal of more than one restricted waste classified as hazardous under subpart D of this part.

(Leachate resulting from the disposal of one or

more of the following EPA Hazardous Wastes

and no other Hazardous Wastes retains its EPA

Hazardous Waste Number(s): F020, F021,

F022, F026, F027, and/or F028.).

Acenaphthylene ...... 208–96–8 0.059 ....................... NA.

* * * * *

Acetonitrile .............. 75–05–8 5.6 ........................... NA.

* * * * *

Carbon disulfide ...... 75–15–0 3.8 ........................... NA.

* * * * *

2-Chloro-1,3-butadiene.126–99–8 0.057 ....................... NA.

* * * * *

Cyclohexanone ....... 108–94–1 0.36 ......................... NA

* * * * *

1,4-Dioxane ............. 123–91–1 12.0 ......................... 170.

Diphenylamine (difficult to distinguish

from

diphenylnitrosamine).

122–39–4 0.92 ......................... NA.

Diphenylnitrosamine

(difficult to distinguish from

diphenylamine).

86–30–6 0.92 ......................... NA.

1,2-

Diphenylhydrazine.

122–66–7 0.087 ....................... NA.

* * * * *

Methanol ................. 67–56–1 5.6 ........................... NA.

* * * * *
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33687

TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

[Note: NA means not applicable]

Waste

code

Waste description and treatment/regulatory subcategory 1

Regulated hazardous constituent

Wastewaters

(Concentration in

mg/l 3, or technology

code 4)

Nonwastewaters

(Concentration in

mg/kg 5 unless

noted as ‘‘mg/l

TCLP’’; or technology code)

Common name CAS2 No.

NNitrosodimethylamine.62–75–9 0.40 ......................... NA.

* * * * *

Phthalic anhydride 85–44–9 0.055 ....................... NA.

* * * * *

tris(2,3-

Dibromopropyl)

phosphate.

126–72–7 0.11 ......................... NA.

* * ............... * * *

Beryllium ................. 7440–41–7 0.82 ......................... NA.

* * ............... * * *

Cyanides (Amenable).57–12–5 0.86 ......................... NA.

Fluoride ................... 16964–48–8 35 ............................ NA.

* * ............... * * *

Thallium .................. 7440–28–0 1.4 ........................... NA.

Vanadium ................ 7440–62–2 4.3 ........................... NA.

* * * * * * *

K006 Wastewater treatement sludge from the production

of chrome oxide green pigments (anhydrous).

Chromium (Total) .... 7440–47–3 2.77 ......................... 0.86 mg/l TCLP.

Lead ........................ 7439–92–1 0.69 ......................... 0.37 mg/l TCLP.

Wastewater treatment sludge from the production

of chrome oxide green pigments (hydrated).

Chromium (Total) .... 7440–47–3 2.77 ......................... 0.86 mg/l TCLP.

Lead ........................ 7439–92–1 0.69 ......................... 0.37 mg/l TCLP.

* * * * * * *

K008 Oven residue from the production of chrome oxide

green pigments.

Chromium (Total) .... 7440–47–3 2.77 ......................... 0.86 mg/l TCLP.

Lead ........................ 7439–92–1 0.69 ......................... 0.37 mg/l TCLP.

* * * * * * *

K062 Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and 332).Chromium (Total) .... 7440–47–3 2.77 ......................... 0.86 mg/l TCLP.

Lead ........................ 7439–92–1 0.69 ......................... 0.37 mg/l TCLP.

Nickel ...................... 7440–02–0 3.98 ......................... 5.0 mg/l TCLP.

* * * * * * *

K108 Condensed column overheads from product separation and condensed reactor vent gases from

the production of 1,1-dimethylhydrazide (UDMH)

from carboxylic acid hydrazides.

NA ........................... NA CMBST; or CHOXD

fb CARBN; or

BIODG fb CARBN.

CMBST.

* * * * * * *

K156 Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and

decantates) from the production of carbamates

and carbamoyl oximes.

Acetonitrile .............. 75–05–8 5.6 ........................... 1.8.

Acetophenone ......... 96–86–2 0.010 ....................... 9.7.

Aniline ..................... 62–53–3 0.81 ......................... 14.

Benomyl .................. 17804–35–2 0.056 ....................... 1.4.

Benzene .................. 71–43–2 0.14 ......................... 10.

Carbaryl .................. 63–25–2 0.006 ....................... 0.14.

Carbenzadim ........... 10605–21–7 0.056 ....................... 1.4.

Carbofuran .............. 1563–66–2 0.006 ....................... 0.14.

Carbosulfan ............. 55285–14–8 0.028 ....................... 1.4.

Chlorobenzene ........ 108–90–7 0.057 ....................... 6.0.

Chloroform .............. 67–66–3 0.046 ....................... 6.0.

o-Dichlorobenzene 95–50–1 0.088 ....................... 6.0.

Methomyl ................ 16752–77–5 0.028 ....................... 0.14.

Methylene chloride 75–09–2 0.089 ....................... 30.

Methyl ethyl ketone 78–93–3 0.28 ......................... 36.

Naphthalene ............ 91–20–3 0.059 ....................... 5.6.

Phenol ..................... 108–95–2 0.039 ....................... 6.2.
33688 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

[Note: NA means not applicable]

Waste

code

Waste description and treatment/regulatory subcategory 1

Regulated hazardous constituent

Wastewaters

(Concentration in

mg/l 3, or technology

code 4)

Nonwastewaters

(Concentration in

mg/kg 5 unless

noted as ‘‘mg/l

TCLP’’; or technology code)

Common name CAS2 No.

Pyridine ................... 110–86–1 0.014 ....................... 16.

Toluene ................... 108–88–3 0.080 ....................... 10.

Triethylamine .......... 121–44–8 0.081 ....................... 1.5.

K157 Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters) from the production of carbamates and

carbamoyl oximes.

Carbon tetrachloride 56–23–5 0.057 ....................... 6.0.

Chloroform .............. 67–66–3 0.046 ....................... 6.0.

Chloromethane ....... 74–87–3 0.19 ......................... 30.

Methomyl ................ 16752–77–5 0.028 ....................... 0.14.

Methylene chloride 75–09–2 0.089 ....................... 30.

Methyl ethyl ketone 78–93–3 0.28 ......................... 36.

o-Phenylenediamine 95–54–5 0.056 ....................... 5.6.

Pyridine ................... 110–86–1 0.014 ....................... 16.

Triethylamine .......... 121–44–8 0.081 ....................... 1.5.

K158 Bag house dusts and filter/separation solids from

the production of carbamates and carbamoyl

oximes.

Benomyl .................. 17804–35–2 0.056 ....................... 1.4.

Benzene .................. 71–43–2 0.14 ......................... 10.

Carbenzadim ........... 10605–21–7 0.056 ....................... 1.4.

Carbofuran .............. 1563–66–2 0.006 ....................... 0.14.

Carbosulfan ............. 55285–14–8 0.028 ....................... 1.4.

Chloroform .............. 67–66–3 0.046 ....................... 6.0.

Methylene chloride 75–09–2 0.089 ....................... 30.

Phenol ..................... 108–95–2 0.039 ....................... 6.2.

K159 Organics from the treatment of thiocarbamate

wastes.

Benzene .................. 71–43–2 0.14 ......................... 10.

Butylate ................... 2008–41–5 0.042 ....................... 1.4.

EPTC (Eptam) ........ 759–94–4 0.042 ....................... 1.4.

Molinate .................. 2212–67–1 0.042 ....................... 1.4.

Pebulate .................. 1114–71–2 0.042 ....................... 1.4.

Vernolate ................. 1929–77–7 0.042 ....................... 1.4.

K160 Solids (including filter wastes, separation solids,

and spent catalysts) from the production of

thiocarabamates and solids from the treatment

of thiocarbamate wastes.

Butylate ................... 2008–41–5 0.042 ....................... 1.4.

EPTC (Eptam) ........ 759–94–4 0.042 ....................... 1.4.

Molinate .................. 2212–67–1 0.042 ....................... 1.4.

Pebulate .................. 1114–71–2 0.042 ....................... 1.4.

Toluene ................... 108–88–3 0.080 ....................... 10.

Vernolate ................. 1929–77–7 0.042 ....................... 1.4.

K161 Purifcation solids (including filtration, evaporation,

and centrifugation solids), baghouse dust and

floor sweepings, from the production of

dithiocarbarmate acids and their salts.

Antimony ................. 7440–36–0 1.9 ........................... 2.1mg/l TCLP.

Arsenic .................... 7440–38–2 1.4 ........................... 5.0 mg/l TCLP.

Carbon disulfide ...... 75–15–0 3.8 ........................... 4.8 mg/l TCLP.

Dithiocarbamates

(total).

NA 0.028 ....................... 28.

Lead ........................ 7439–92–1 0.069 ....................... 0.37 mg/l TCLP.

Nickel ...................... 7440–02–0 3.98 ......................... 5.0 mg/l TCLP.

Selenium ................. 7782–49–2 0.82 ......................... 0.16 mg/l TCLP.

* * * * * * *

P093 Phenylthiourea ........................................................ Phenylthiourea ........ 103–85–5 (WETOX or

CHOXD) fb

CARBN; or

CMBST.

CMBST.

* * * * * * *

P196 Manganese dimethyldithiocarbamate ..................... Dithiocarbamates

(total).

NA 0.028 ....................... 28.

* * * * * * *

P202 M-Cumenyl methylcarbamate ................................. m-Cumenyl

methycarbamate.

64–00–6 0.056 ....................... 1.4.
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33689

TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued

[Note: NA means not applicable]

Waste

code

Waste description and treatment/regulatory subcategory 1

Regulated hazardous constituent

Wastewaters

(Concentration in

mg/l 3, or technology

code 4)

Nonwastewaters

(Concentration in

mg/kg 5 unless

noted as ‘‘mg/l

TCLP’’; or technology code)

Common name CAS2 No.

* * * * * * *

P205 Ziram ....................................................................... Dithiocarbamates

(total).

NA 0.028 ....................... 28.

* * * * * * *

U277 Sulfallate ................................................................. Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U278 Bendiocarb .............................................................. Bendiocarb .............. 22781–23–3 0.056 ....................... 1.4.

* * * * * * *

U365 Molinate .................................................................. Molinate .................. 2212–67–1 0.042 ....................... 1.4.

U366 Dazomet .................................................................. Dithiocarbamates

(total).

NA 0.028 ....................... 28.

* * * * * * *

U375 3-lodo-2-propynyl n-butylcarbamate ....................... 3-lodo-2-propynyl nbutylcarbamate.55406–53–6 0.056 ....................... 1.4.

U376 Selenium, tetrakis (dimethyldithio- carbamate) ...... Dithiocarbamates

(total).

NA 0.028 ....................... 28.

Selenium ................................................................. Selenium ................. 7782–49–2 0.82 ......................... 0.16 mg/l TCLP.

U377 Pottasium n-methyldithiocarbamate ....................... Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U378 Potassium n-hydroxymethyl-nmethyldithiocarbamate.Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U379 Sodium dibutyldithiocarbamate ............................... Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U381 Sodium diethyldithiocarbamate ............................... Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U382 Sodium dimethyldithiocarbamate ............................ Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U383 Potassium dimethyl dithiocarbamate ...................... Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U384 Metam Sodium ........................................................ Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U385 Vernolate ................................................................. Vernolate ................. 1929–77–7 0.042 ....................... 1.4.

U386 Cycloate .................................................................. Cycloate .................. 1134–23–2 0.042 ....................... 1.4.

U387 Prosulfocarb ............................................................ Prosulfocarb ............ 52888–80–9 0.042 ....................... 1.4.

U389 Triallate ................................................................... Triallate ................... 2303–17–5 0.042 ....................... 1.4.

U390 EPTC ...................................................................... EPTC ...................... 759–94–4 0.042 ....................... 1.4.

U391 Pebulate .................................................................. Pebulate .................. 1114–71–2 0.042 ....................... 1.4.

U392 Butylate ................................................................... Butylate ................... 2008–41–5 0.042 ....................... 1.4.

U393 Copper dimethyldithiocarbamate ............................ Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U394 A2213 ...................................................................... A2213 ...................... 30558–43–1 0.042 ....................... 1.4.

U395 Diethylene glycol, dicarbamate ............................... Diethylene glycol,

dicarbamate.

5952–26–1 0.056 ....................... 1.4.

U396 Ferbam .................................................................... Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U400 Bis (pentamethylene) thiuram tetrasulfide .............. Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U401 Tetramethyl thiuram monosulfide ........................... Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U402 Tetrabutylthiuram disulfide ...................................... Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U403 Disulfiram ................................................................ Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U404 Triethylamine .......................................................... Triethylamine .......... 101–44–8 0.081 ....................... 1.5.

U407 Ethyl Ziram .............................................................. Dithiocarbamates

(total).

NA 0.028 ....................... 28.

U409 Thiophanate-methyl ................................................ Thiophanate-methyl 23564–05–8 0.056 ....................... 1.4.

U410 Thiodicarb ............................................................... Thiodicarb ............... 59669–26–0 0.019 ....................... 1.4.

U411 Propoxur ................................................................. Propoxur ................. 114–26–1 0.056 ....................... 1.4.

1The waste descriptions provided in this table do not replace waste descriptions in 40 CFR 261. Descriptions of Treatment/Regulatory Subcategories are provided, as needed, to distinguish between applicability of different standards.
33690 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

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 and are based on analysis of composite samples.

4All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detail in 40 CFR 268.42

Table 1—Technology Codes and Descriptions of Technology-Based Standards. 5Except 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.

* * * * * * *

7Both 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. 8These wastes, when rendered nonhazardous and then subsequently managed in CWA, CWA-equivalent, or Class I SDWA systems are not

subject to treatment standards. (See § 148.1(d) and § 268.1(c) (3) and (4)). 9These wastes, when rendered nonhazardous and then subsequently injected in a Class I SDWA well are not subject to treatment standards.

(See § 148.1(d)).

10. In subpart D, § 268.48 the table in

paragraph (a) is revised to read as

follows:

§ 268.48 Universal treatment standards.

(a) * * *

UNIVERSAL TREATMENT STANDARDS

[Note: NA means not applicable.]

Regulated constituent/common name CAS1 No.

Wastewater standard

(Concentration in mg/

l 2)

Nonwastewater

Pstandard

(Concentration in mg/

kg 3 unless noted as

‘‘mg/l TCLP’’)

* * * * * * *

A2213 ................................................................................................................ 30558–43–1 0.042 1.4

* * * * * * *

Butylate ............................................................................................................. 2008–41–5 0.042 1.4

* * * * * * *

Cycloate ............................................................................................................ 1134–23–2 0.042 1.4

* * * * * * *

EPTC ................................................................................................................ 759–94–4 0.042 1.4

* * * * * * *

Molinate ............................................................................................................ 2212–67–1 0.042 1.4

* * * * * * *

Pebulate ............................................................................................................ 1114–71–2 0.042 1.4

* * * * * * *

Prosulfocarb ...................................................................................................... 52888–80–9 0.042 1.4

* * * * * * *

Triallate ............................................................................................................. 2303–17–5 0.042 1.4

* * * * * * *

Vernolate ........................................................................................................... 1929–77–7 0.042 1.4

* * * * * * *

1 CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical

with it’s salts and/or esters, the CAS number is given for the parent compound only. 2 Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.

3Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration

were established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR part 264, subpart O

or 40 CFR part 265, subpart O, or based upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may comply with these treatment standards according to provisions in 40 CFR 268.40(d). All concentration standards for

nonwastewaters are based on analysis of grab samples.
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33691

* * * * *

[FR Doc. 96–16540 Filed 6–27–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 279

[FRL–5529–1]

Hazardous Waste Management

System; Identification and Listing of

Hazardous Waste; Recycled Used Oil

Management Standards

AGENCY: Environmental Protection

Agency.

ACTION: Final rule, notice of judicial

vacatur of administrative stay.

SUMMARY: On January 19, 1996, the

United States Court of Appeals for the

District of Columbia Circuit vacated the

Environmental Protection Agency’s

(EPA) October 30, 1995, administrative

stay of part of the regulatory provision,

known as the ‘‘used oil mixture rule’,

set forth in 40 CFR 279.10(b)(2). The

provisions of the used oil mixture rule

at issue relate to mixtures of used oil

destined for recycling and characteristic

hazardous waste (including waste listed

as hazardous because it exhibits a

hazardous waste characteristic). This

action clarifies the regulatory status of

mixtures of used oil and the hazardous

wastes destined for recycling described

above in light of the Court’s vacatur of

the administrative stay and eliminates

the explanatory note to 40 CFR

279.10(b)(2) that was included in the

notice of the administrative stay. In

addition it notifies the public as to the

provisions of a recent EPA proposal that

may affect such mixtures.

EFFECTIVE DATE: June 28, 1996.

ADDRESSES: EPA does not seek comment

on this notice, however any data the

public wishes EPA to consider

concerning mixtures of used oil and

characteristic hazardous waste should

be submitted to the public docket.

Submissions should include the original

and two copies, should reference docket

No. F–96–U2SW–FFFFF, and should be

addressed to: RCRA Docket Information

Center, Office of Solid Waste (5305W),

U.S. Environmental Protection Agency

Headquarters, 401 M Street, SW.,

Washington, DC 20460. Hand deliveries

should be made to the RCRA

Information Center (RIC), located at

Crystal Gateway I, First Floor, 1235

Jefferson Davis Highway, Arlington, VA.

The RIC is open from 9:00 to 4:00,

Monday through Friday, except federal

holidays. To review docket materials at

the RIC, it is recommended that the

public make an appointment by calling

703 603–9230. The public may copy a

maximum of 100 pages from any

regulatory docket at no charge.

Additional copies cost $.15 per page.

FOR FURTHER INFORMATION CONTACT: For

general information contact the RCRA

Hotline at 800 424–9346 or TDD 800

553–7672 (hearing impaired). In the

Washington D.C. metropolitan area at

703 412–9810 or TDD 703 412–3323.

For more detailed information on

specific aspects of this action, contact

Tracy Bone, Office of Solid Waste

(5304w), U.S. EPA, D.C., 20460 at 703

308–8826.

SUPPLEMENTARY INFORMATION:

Background Information

Legal Challenge to the Used Oil

Mixture Rule. On September 10, 1992,

EPA promulgated regulations pursuant

to section 3014(a) of the Resource

Conservation and Recovery Act (RCRA),

42 U.S.C. 6935(a), governing the

management of used oil destined for

recycling. 57 FR 41566 (September 9,

1992). These regulations are codified at

40 CFR Part 279. As part of these

regulations, EPA promulgated a used oil

mixture rule, 40 CFR 279.10(b), that

specifies when mixtures of used oil

destined for recycling and hazardous

waste are regulated as used oil and

when they are regulated as hazardous

waste. Among other things, the used oil

mixture rule specifies that mixtures of

used oil destined for recycling and

characteristic hazardous waste are

regulated as a hazardous waste under

Subtitle C of RCRA only if the resultant

mixture exhibits a hazardous waste

characteristic. 40 CFR 279.10(b)(2)(I). If

the mixture does not exhibit a

hazardous waste characteristic, it is

regulated under the used oil

management standards, and the

hazardous waste regulations (including

those relating to land-disposal

restrictions (LDRs)) are inapplicable to

the mixture. Further, wastes which are

hazardous solely because they exhibit

the characteristic of ignitability may be

mixed with used oil and the mixture

regulated as used oil so long as the

mixture does not exhibit the

characteristic of ignitability (despite

exhibiting any of the other

characteristics). 40 CFR 279.10(b)(2)(ii)-

(iii). The hazardous waste regulations

and LDR requirements continue to

apply to the hazardous waste prior to

mixing with used oil.

Petitions for review challenging EPA’s

used oil mixture rule subsequently were

filed in the United States Court of

Appeals for the District of Columbia

Circuit. Petitioners argued, in relevant

part, that the provision of the

management standards which governed

mixtures of recycled used oil and

characteristic hazardous waste was

inconsistent with the Court’s decision in

Chemical Waste Management, Inc. v.

EPA, 976 F.2d 2 (D.C. Cir. 1992), cert.

denied, 113 S. Ct. 1961 (1993) (‘‘Chem

Waste’’). Chem Waste, which was issued

two weeks after the management

standards were promulgated, held that

EPA could not allow certain wastes

exhibiting the hazardous characteristics

of ignitability, reactivity, or corrosivity

to be diluted to eliminate the

characteristic and then be land-disposed

unless the hazardous constituents in the

waste were adequately treated to

minimize threats to human health and

the environment.

On September 12, 1994, petitioner,

Safety-Kleen, and EPA filed a joint

motion requesting the Court to vacate

the mixture provision and remand the

issue to EPA. Intervenors in the SafetyKleen litigation opposed this motion.

On September 15, 1994, the Court

remanded the record in this matter to

EPA, stating: ‘‘If the EPA determines

that its rule is invalid, [citation

omitted], it can proceed accordingly.’’

Order (Sept. 15, 1994) (citing American

Tele. & Telegraph Co. v. FCC, 978 F.2d

727, 733 (D.C. Cir. 1992)). The Court did

not vacate the mixture rule.

Administrative Stay of the Used Oil

Mixture Rule. In 1995, EPA issued an

order staying the used oil mixture rule.

The Agency determined that a stay was

necessary to the effective

implementation of the recycled used oil

management program, pending the

Agency’s completion of a rulemaking on

the issue of whether the used oil

mixture rule should be modified or

repealed in light of the Court’s decision

in Chem Waste. See 60 FR 55202 (Oct.

30, 1995).

On January 19, 1996, the Court, in

ruling on a motion filed by the

intervenors, vacated the Administrative

stay. The Court explained that EPA

could not suspend a promulgated rule

without notice and comment. The Court

further noted that, if EPA determines

that the used oil mixture rule is invalid,

it may be able to rely on the good cause

exception, 5 U.S.C. 553(b), to vacate the

rule without notice and comment

rulemaking.

Effect of the Court’s Vacatur of the

Administrative Stay. The vacatur of the

administrative stay reinstates the used

oil mixture rule found at 40 CFR

279.10(b)(2) as part of the federal used

oil management standards. Accordingly,

as a matter of federal RCRA law, the

regulated community may mix certain

characteristic hazardous wastes and

used oil to be recycled (e.g., mixtures of

solvents compatible with the use of